H4. Cottage Gardens Final PlatCITY OF
KALISPELL
REPORT TO: Doug Russell, City Manager
FROM: PJ Sorensen, Senior Planner
Planning Department
201 Pt Avenue East
Kalispell, MT 59901
Phone: (406) 758-7940
Fax: (406) 758-7739
www.kalispell.com/planning
SUBJECT: Final plat request and Subdivision Improvement Agreement Cottage Gardens
MEETING DATE: September 8, 2020
BACKGROUND: Bruce Wiederspiel as Unique Realty Developer, Inc, is requesting final plat
approval for Cottage Gardens, a major subdivision of 11.8-acres with 37 single-family residential lots,
open space and city streets. The property is located at 575 and 645 Three Mile Drive. The property
can be legally described as Tract IA and Tract lAC in the SW4 and SE4 of Section 2, Township 28
North, Range 22 West, P.M.M., Flathead County, Montana.
The City Council approved the preliminary plat for Cottage Gardens with 20 conditions at their meeting
on January 7, 2019 with Resolution No. 5908. All of the conditions have been met or adequately
addressed. The following report summarizes the applicant's compliance with the conditions of
approval. A Subdivision Improvement Agreement has been included with this submittal to cover
certain improvements that have not yet been installed. The agreement includes bonding in the form of
a cashier's check for $35,312.50, which is 125% of the estimated remaining costs for unfinished
improvements.
RECOMMENDATION: It is recommended that the City Council approve the final plat for Cottage
Gardens and approve the subdivision improvement agreement.
FISCAL EFFECTS: Positive impacts once developed.
ALTERNATIVES: Deny the request.
ATTACHMENTS: Final plat compliance letter and associated attachments.
Report compiled: August 12, 2020
Aimee Brunckhorst, Kalispell City Clerk
cilry
KALISPELL
August 12, 2020
Doug Russell, City Manager
City of Kalispell
201 lst Ave E
Kalispell, MT 59901
Planning Department
201 1' Avenue East
Kalispell, MT 59901
Phone: (406) 758-7940
Fax: (406) 758-7739
www.kalispell.com/planning
Re: Final plat request and Subdivision Improvement Agreement for Cottage Gardens
Dear Doug:
Bruce Wiederspiel as Unique Realty Developer, Inc, is requesting final plat approval for Cottage
Gardens, a major subdivision of 11.8-acres with 37 single-family residential lots, open space and city
streets. The property is located a 575 and 645 Three Mile Drive. The property can be legally described
as Tract IA and Tract lAC in the SW4 and SE4 of Section 2, Township 28 North, Range 22 West,
P.M.M., Flathead County, Montana.
The City Council approved the preliminary plat for Cottage Gardens with 20 conditions at their meeting
on January 7, 2019 with Resolution No. 5908. All of the conditions have been met or adequately
addressed. The following report summarizes the applicant's compliance with the conditions of
approval. A Subdivision Improvement Agreement has been included with this submittal to cover
certain improvements that have not yet been installed. The agreement includes bonding in the form of
a cashier's check for $35,312.50, which is 125% of the estimated remaining costs for unfinished
improvements.
COMPLIANCE WITH CONDITIONS OF APPROVAL
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 preliminary plat as approved by the city council.
Staff Response: This condition has been met. The final plat substantially complies with the
submitted preliminary plat application and materials.
2. The preliminary plat approval shall be valid for a period of three years from the date of approval.
Staff Response: This condition has been met. Preliminary plat approval was granted on
January 7, 2019.
3. The developer shall submit to the Kalispell Public Works Department for review and approval
a storm water report and an engineered drainage plan that meets the requirements of the current
city standards for design and construction. Storm sewer mains shall be located within the right-
of-way of the paved road surface. Prior to final plat, a certification shall be submitted to the
public works department stating that the drainage plan for the subdivision has been installed as
designed and approved.
Staff Response: This condition has been met. A letter from Public Works dated August 28,
2020, was provided accepting the public infrastructure for the subdivision and a certification
was provided by the developer's engineer certifying the drainage for the subdivision has been
installed as designed and approved.
4. The developer shall submit to the Kalispell Public Works Department prior to construction an
erosion/sediment control plan for review and approval and a copy of all documents submitted
to Montana Department of Environmental Quality for the General Permit for Storm Water
Discharge Associated with Construction Activities.
Staff Response: This condition has been met. Letters from DEQ dated June 21, 2019 and
from Public Works dated June 24, 2019 approved the erosion/sediment control plan.
5. The developer shall submit water and sanitary sewer plans, applicable specifications, and design
reports to the Kalispell Public Works Department and the Montana Department of
Environmental Quality for concurrent review, with approval of both required prior to
construction. Water and sewer mains shall be located entirely within the right-of-way of the
paved road surface.
Staff Response: This condition is met. Letters from Public Works dated April 26, 2019 and
from DEQ dated May 31, 2019 are attached regarding the approval of the water and sewer
plans.
6. The developer shall submit the street design to the Kalispell Public Works Department for
review and approval prior to construction. Street designs shall meet the city standards for design
and construction.
Staff Response: This condition is met. A letter from Public Works dated April 26, 2019 is
attached which approved the plans.
7. Mountain Vista Way shall have an east -west pedestrian crossing between Lots 2 and 37.
Cottage Way shall have an east -west pedestrian crossing between Lots 24 and 29. This is in
addition to the pedestrian crossings shown on the submitted plans.
Staff Response: This condition has been met. The crossings have been installed and a letter
from Public Works dated August 28, 2020 is attached which accepts the public infrastructure
in the subdivision.
8. A minimum 20-foot landscape buffer zone shall be established as shown on the preliminary
plat. The 20-foot buffer zone shall include a paved bike and pedestrian path 10-feet wide,
comply with AASHTO standards for bike and pedestrian paths, and integrate into the existing
path along Three Mile Drive. The buffer strip shall also include landscaping. These
improvements shall be coordinated with the Kalispell Public Works and Parks and Recreation
Departments.
Staff Response: This condition has been met. The final plat shows the 20-foot buffer area and
the path has been installed. A letter from Public Works dated August 28, 2020 accepting the
infrastructure has been submitted.
9. Prior to final plat, a letter from the Kalispell Public Works Department shall be submitted
stating that all new infrastructure has been accepted by the City of Kalispell or a proper bond
has been accepted for unfinished work.
Staff Response: This condition has been met. A letter from Public Works dated August 28,
2020 was submitted which accepts the public infrastructure. A Subdivision Improvement
Agreement has been included with this submittal to cover certain improvements that have not
yet been installed. The agreement includes bonding in the form of a cashier's check for
$35,312.50, which is 125% of the estimated remaining costs for unfinished improvements.
10. The developer shall obtain an approach permit from the Montana Department of Transportation
(MDT) for approaches onto Three Mile Drive. If any improvements are necessary at the
intersection of the roadways, these improvements shall be completed to the satisfaction of the
MDT prior to final plat and MDT shall so certify this in writing to the city.
Staff Response: This condition has been met. The approach permit dated August 16, 2019
was submitted and MDOT accepted the improvements based on an email from MDOT dated
September 1, 2020.
11. All existing and proposed easements shall be indicated on the face of the final plat. A letter from
the Kalispell Public Works Department shall be obtained stating that the required easements are
being shown on the final plat.
Staff Response: This condition has been met. A letter dated August 28, 2020 from Public
Works was submitted which accepted the easements as shown.
12. The following statement shall appear on the final plat: "The undersigned hereby grants unto each
and every person, firm or corporation, whether public or private, providing or offering to provide
telephone, telegraph, electric power, gas, cable television, water or sewer service to the public, the
right to the joint use of an easement for the construction, maintenance, repair, and removal of their
lines and other facilities, in, over, under, and across each area designated on this plat as "Utility
Easement" to have and to hold forever."
Developer's Signature
Staff Response: This condition has been met. The note is shown on the final plat.
13. Prior to filing the final plat, a letter from the US Postal Service shall be included stating the
Service has reviewed and approved of the design and location of the mail delivery site. The
mail delivery site shall be installed or bonded for prior to final plat. In addition, the mail delivery
site and improvements shall also be included in the preliminary and final engineering plans to
be reviewed by the Public Works Department. The mail delivery site shall not impact a sidewalk
or proposed boulevard area.
Staff Response: This condition has been met. A letter from the USPS dated June 5, 2020 is
attached approving the mailbox site.
14. A 310 permit shall be obtained from the Montana Department of Natural Resources and
Conservation — Conservation District Bureau, for any disturbances/and or improvements
adjacent Spring Creek.
Staff Response: This condition has been met. A copy of the 310 permit was submitted with
the final plat.
15. A homeowner's association (HOA) shall be formed and established for the common area prior
to final plat. The HOA should include provisions for the maintenance of all common areas
including the storm water pond, riparian area, park and trail along Three Mile Drive.
Staff Response: This condition has been met. The developer included CCRs, bylaws, and
articles of incorporation for the homeowners' association with the final plat submittal.
16. 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 landscape
boulevards of the streets serving the subdivision. The approved landscape plan shall be
implemented or a cash in lieu payment for installation of the street trees and groundcover be
provided to the Kalispell Parks and Recreation Department.
Staff Response: This condition has been met. The Parks Department submitted a letter dated
August 14, 2020 conditionally approving the landscape plan as well as a payment of $9,448.96
as a payment -in -lieu to meet parkland dedication requirements that are not fully met with the
homeowners' park that is provided.
17. A minimum of two-thirds of the necessary infrastructure for the subdivision shall be completed
prior to final plat submittal.
Staff Response: This condition has been met. At least two-thirds of the infrastructure has been
installed and the remainder is part of the Subdivision Improvement Agreement and bonding,
which is attached.
18. All utilities shall be installed underground.
Staff Response: This condition has been met. During field inspections, Public Works verified
that the utilities have been installed underground.
19. All areas disturbed during development shall be re -vegetated with a weed -free mix immediately
after development.
Staff Response: This condition has been met. Disturbed areas were revegetated after
development and verified.
COMPLIANCE WITH APPROVED PRELIMINARY PLAT
The final plat is in substantial compliance with the preliminary plat approved by the Kalispell City
Council on January 7, 2019.
COMPLIANCE WITH THE SUBDIVISION REGULATIONS:
This subdivision plat has been found to be in compliance with the state and city Subdivision
Regulations.
COMPLIANCE WITH THE ZONING REGULATIONS
This subdivision can be found to be in compliance with the Kalispell Zoning Ordinance and the R-3
zoning designation for the property, which governs the dimensional requirements of the lots within the
subdivision as well as the uses.
RECOMMENDATION:
It can be found that the conditions of preliminary plat approval have been met or are otherwise
adequately addressed. The staff recommends that the Kalispell City Council approve the final plat for
Cottage Gardens.
Attachments: - Two mylars of final plat
- I I" x 17" copy of plat
- Preliminary Plat Approval, Resolution 5908, dated 1/7/19
- Applicant responses and final plat application dated 8/7/20
- Westcor Title guarantee SG-3-MT 1007-9370737
- Subdivision Improvement Agreement/Engineer's Cost Estimate dated 8/5/20
- Flathead County tax certification, dated 8/18/20
- Letter from Kalispell Public Works (utility easements and infrastructure
acceptance), dated 8/28/20
- Letter from Kalispell Public Works (engineering approval), dated 4/26/19
- Montana Department of Environmental Quality water and sewer approval letter,
dated 5/31/19
- Letter from Kalispell Public Works (stormwater permit), dated 6/24/19
- Montana Department of Environmental Quality storm water permit, dated 6/21/19
- Kalispell Parks and Recreation approval letter dated 8/14/20
- Email from US Postal Service, dated 6/5/20
- Stormwater certification letter from TD&H dated 9/1/20
- CCRs, Bylaws and Articles of Incorporation for HOA
- MDT approach permit dated 8/16/19
- MDT approval email dated 9/1/20
- 310 Permit dated 4/22/19
c w/ Att: Aimee Brunckhorst, Kalispell City Clerk
c w/o Att: TD&H
450 Corporate Dr, Ste 101
Kalispell, MT 59901
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RESOLUTION NO. 5908
A RESOLUTION CONDITIONALLY APPROVING THE PRELIMINARY PLAT OF COTTAGE
GARDENS SUBDIVISION, MORE PARTICULARLY DESCRIBED AS TRACTS 1A AND 1AC
IN THE SOUTHWEST QUARTER AND SOUTHEAST QUARTER OF SECTION 2, TOWNSHIP
28 NORTH, RANGE 22 WEST, P.M.M., FLATHEAD COUNTY, MONTANA.
WHEREAS, Bruce Wiederspiel, the prospective owner of the certain real property described above,
has petitioned for approval of the Subdivision Plat of said property; and
WHEREAS, the Kalispell City Planning Board and Zoning Commission held a public hearing on
December 11, 2018 on the proposal and reviewed Subdivision Report #KPP-18-09 issued
by the Kalispell Planning Department; and
WHEREAS, the Kalispell City Planning Board and Zoning Commission has recommended approval of
the Preliminary Plat of Cottage Gardens Subdivision subject to certain conditions and
recommendations; and
WHEREAS, the City Council of the City of Kalispell at its regular Council Meeting of January 7,
2019, reviewed the Kalispell Planning Department Report #KPP-18-09, reviewed the
recommendations of the Kalispell City Planning Board and Zoning Commission, and
found from the Preliminary Plat, and evidence, that the subdivision is in the public
interest.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF KALISPELL,
MONTANA AS FOLLOWS:
SECTION 1. That the Findings of Fact contained in Kalispell Planning Department Report
#KPP-18-09 are hereby adopted as the Findings of Fact of the City Council.
SECTION 2. That the application of Bruce Wiederspiel for approval of the Preliminary Plat of
Cottage Gardens Subdivision, Kalispell, Flathead County, Montana is hereby
approved contingent upon approval of Ordinance No. 1818 on second reading
and subject to the following conditions:
Conditions:
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 preliminary plat as approved by the city council.
2. The preliminary plat approval shall be valid for a period of three years from the date of approval.
3. The developer shall submit to the Kalispell Public Works Department for review and approval a
storm water report and an engineered drainage plan that meets the requirements of the current city
standards for design and construction. Storm sewer mains shall be located within the right-of-way
of the paved road surface. Prior to final plat, a certification shall be submitted to the public works
department stating that the drainage plan for the subdivision has been installed as designed and
approved.
4. The developer shall submit to the Kalispell Public Works Department prior to construction an
erosion/sediment control plan for review and approval and a copy of all documents submitted to
Montana Department of Environmental Quality for the General Permit for Storm Water
Discharge Associated with Construction Activities.
The developer shall submit water and sanitary sewer plans, applicable specifications, and design
reports to the Kalispell Public Works Department and the Montana Department of Environmental
Quality for concurrent review, with approval of both required prior to construction. Water and
sewer mains shall be located entirely within the right-of-way of the paved road surface.
6. The developer shall submit the street design to the Kalispell Public Works Department for review
and approval prior to construction. Street designs shall meet the city standards for design and
construction.
7. Mountain Vista Way shall have an east -west pedestrian crossing between Lots 2 and 37. Cottage
Way shall have an east -west pedestrian crossing between Lots 24 and 29. This is in addition to
the pedestrian crossings shown on the submitted plans.
8. A minimum 20-foot landscape buffer zone shall be established as shown on the preliminary plat.
The 20-foot buffer zone shall include a paved bike and pedestrian path 10-feet wide, comply with
AASHTO standards for bike and pedestrian paths, and integrate into the existing path along
Three Mile Drive. The buffer strip shall also include landscaping. These improvements shall be
coordinated with the Kalispell Public Works and Parks and Recreation Departments.
9. Prior to final plat, a letter from the Kalispell Public Works Department shall be submitted stating
that all new infrastructure has been accepted by the City of Kalispell or a proper bond has been
accepted for unfinished work.
10. The developer shall obtain an approach permit from the Montana Department of Transportation
(MDT) for approaches onto Three Mile Drive. If any improvements are necessary at the
intersection of the roadways, these improvements shall be completed to the satisfaction of the
MDT prior to final plat and NOT shall so certify this in writing to the city.
11. All existing and proposed easements shall be indicated on the face of the final plat. A letter from the
Kalispell Public Works Department shall be obtained stating that the required easements are being
shown on the final plat.
12. The following statement shall appear on the final plat: "The undersigned hereby grants unto each
and every person, firm or corporation, whether public or private, providing or offering to provide
telephone, telegraph, electric power, gas, cable television, water or sewer service to the public, the
right to the joint use of an easement for the construction, maintenance, repair, and removal of their
lines and other facilities, in, over, under, and across each area designated on this plat as "Utility
Easement" to have and to hold forever."
Developer's Signature
13. Prior to filing the final plat, a letter from the US Postal Service shall be included stating the
Service has reviewed and approved of the design and location of the mail delivery site. The mail
delivery site shall be installed or bonded for prior to final plat. In addition, the mail delivery site
and improvements shall also be included in the preliminary and final engineering plans to be
reviewed by the Public Works Department. The mail delivery site shall not impact a sidewalk or
proposed boulevard area.
14. A 310 permit shall be obtained from the Montana Department of Natural Resources and
Conservation — Conservation District Bureau, for any disturbances/and or improvements adjacent
to Spring Creek.
15. A homeowner's association (HOA) shall be formed and established for the common area prior to
final plat. The HOA should include provisions for the maintenance of all common areas including
the storm water pond, riparian area, park and trail along Three Mile Drive.
16. 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 landscape boulevards of the
streets serving the subdivision. The approved landscape plan shall be implemented or a cash in
lieu payment for installation of the street trees and groundcover be provided to the Kalispell Parks
and Recreation Department.
17. A minimum of two-thirds of the necessary infrastructure for the subdivision shall be completed
prior to final plat submittal.
18. All utilities shall be installed underground.
19. All areas disturbed during development shall be re -vegetated with a weed -free mix immediately
after development.
SECTION 3. Upon proper review and filing of the Final Plat of said subdivision in the office
of the Flathead County Clerk and Recorder, said premises shall be a subdivision
of the City of Kalispell.
PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF THE
CITY OF KALISPELL, THIS 7TH DAY OF JANUARY, 2019.
Mark Johnsok)
Mayor
ATTEST:
KAL/ �
Aimel Brunckhorst, CMC = SEAL =
City Clerk
1892
,ONT PAP
i 1111
114C.JN lispELL
Project /Subdivision Name
Contact Person:
Planning Department
201 1" Avenue East
Kalispell, MT 59901
Phone: (406) 758-7940
Fax: (406) 758-7739
www.kalisnell.com/nlannin2
FINAL PLAT APPLICATION
e Gardens
Name: Doug Peppmeier, PE
Address: TD&H Engineering
450 Corporate Drive - Ste 101, Kalispell, MT 59901
Phone No.: 406.751.5246
Date of Preliminary Plat Approval: January 7, 2019
Owner & Mailing Address:
Bruce R. Wiederspiel as
Unique Realty Developer Inc
2783 Columbia Falls Stage
Columbia Falls, MT 59911 D
406.892.1118
Type of Subdivision: Residential x Industrial Commercial PUD Other
Total Number of Lots in Subdivision 37
Land in Project (acres) 11.757
Parkland (acres) n/a Cash -in -Lieu $ 9,448.96 Exempt
No. of Lots by Type:
Single Family 37 Townhouse Mobile Home Park
Duplex Apartment Recreational Vehicle Park
Commercial Industrial Planned Unit Development
Condominium Multi -Family Other
Legal Description of the Property Tract 1 of COS #9981 & Subject Tract of Deed Exhibit, Book 506 Page 822
Records of Flathead County, located in Section 2, T28N, R21 W
FILING FEE ATTACHED $ 5,425.00
Minor Subdivision with approved preliminary plat
Major Subdivision with approved preliminary plat
Subdivisions with Waiver of Preliminary Plat
Subdivision Improvements Agreement
$400 + $125/lot
$800 + $125/lot
$800 + $125/lot
$50
1
Attached Not Applicable (MUST CHECK ONE1
x Health Department Certification (Original)
x Title Report (Original, not more than 90 days old)
x Tax Certification (Property taxes must be paid)
x Consent(s) to Plat (Originals and notarized)
x Subdivision Improvements Agreement (Attach collateral)
x Parkland Cash -in -Lieu (Check attached)
x Maintenance Agreement
x Plats: 2 mylars 1 11X17 Copy
1 full size copy 1 Electronic Copy
**The plat must be signed by all owners of record, the surveyor and the examining land surveyor.
Attach a letter, which lists each condition of preliminary plat approval, and individually state how
each condition has specifically been met. In cases where documentation is required, such as an
engineer's certification, State Department of Health certification, etc., original letters shall be
submitted. Blanket statements stating, for example, "all improvements are in place" are not
acceptable.
A complete final plat application must be submitted no less than 60 days prior to expiration date of
the preliminary plat.
When all application materials are submitted to the Kalispell Planning Department, and the staff
finds the application is complete, the staff will submit a report to the governing body. The
governing body must act within 30 days of receipt of the revised preliminary plat application and
staff report. Incomplete submittals will not be accepted and will not be forwarded to the governing
body for approval. Changes to the approved preliminary plat may necessitate reconsideration by
the planning board.
I certify that all information submitted is true, accurate and complete. I understand that
incomplete information will not be accepted and that false information will delay the application and
may invalidate any approval. The signing of this application signifies approval for Kalispell
Planning staff to be present on the property for routine monitoring and inspection during the
approval and development process.
**NOTE: Please be advised that the County Clerk & Recorder requests that all subdivision
final ulat auulications be accomuanied with a diLyital copy.
ti
August 6, 2020
Owner(s) Signature Date
**A digital copy of the final plat in a Drawing Interchange File (DXF) format or an AutoCAD file
format, consisting of the following layers:
1. Exterior boundary of subdivision
2. Lot or park boundaries
3. Easements
4. Roads or rights -of -way
5. A tie to either an existing subdivision corner or a corner of the public land survey system
ON
450 Corporate Drive
Suite 101
Kalispell, MT 59901
August 7, 2020
l
TD&
Engineering
Jarod Nygren, Director
City of Kalispell — Planning Department
201 1 sc Ave E
Kalispell, MT 59901
RE: COTTAGE GARDENS FINAL PLAT
TD&H ENGINEERING JOB NO. K18-072
Dear Jarod,
406.751.5246
tdhengineering.com
This letter is meant to address the conditions received from the preliminary plat approval.
Project responses can be identified by the bold italic text below.
Conditions, upon which approval has been granted to Cottage Gardens by Resolution
5908, January 7, 2019
Conditions:
1. The development of the site shall be in substantial compliance with application
submitted, the site plan, materials and other specifications as well as any additional
conditions associated with the preliminary plat as approved by the city council.
• See attached plat and supporting documentation.
2. The preliminary plat approval shall be valid for a period of three years from date of
approval.
• Preliminary plat approval date was January 7, 2019. Approval valid until
January 7, 2022.
3. The developer shall submit to the Kalispell Public Works Department for review and
approval a storm water report and an engineered drainage plan that meets the
requirements of the current city standards for design and construction. Storm sewer
mains shall be located within the right-of-way of the paved road surface. Prior to
final plat, a certification shall be submitted to the public works department stating
that the drainage plan for the subdivision has been installed as designed and
approved.
• See attached approval letter from Patrick Jentz dated April 26, 2019.
4. The developer shall submit to the Kalispell Public Works Department prior to
construction an erosion/sediment control plan for review and approval and a copy
BOZEMAN, GREAT FALLS, KALISPELL & SHELBY, MT I SPOKANE, WA I LEWISTON, ID I WATFORD CITY, ND I MEDIA, PA
AUGUST 2020
PAGE NO. 2
of all documents submitted to Montana Department of Environmental Quality for
the General Permit for Storm Water Discharge Associated with Construction
Activities.
All new utilities are detailed and are required to be installed
underground during the lot development phase by the condition on the
face of the plat.
5. The developer shall submit water and sanitary sewer plans, applicable
specifications, and design reports to the Kalispell Public Works Department and the
Montana Department of Environmental Quality for concurrent review with approval
of both required prior to construction. Water and sewer mains shall be located
entirely within the right-of-way of the paved road surface.
• See attached correspondence Emily Gillespie dated May 31, 2019 and
approval letter from Patrick Jentz dated April 26, 2019.
6. The developer shall submit the street design to the Kalispell Public Works
Department for review and approval prior to construction, Street designs shall meet
the city standards for design and construction.
• See attached approval letter from Patrick Jentz dated April 26, 2019.
7. Mountain Vista Way shall have an east -west pedestrian crossing between lots 2 and
37. Cottage Way shall have an east -west pedestrian crossing between lots 24 and
29. This is addition to the pedestrian crossings shown on the submitted plans.
• Additional pedestrian crossings were added at the requested locations
as required. Refer to approved plans and approval letter from Patrick
Jentz dated April 26, 2019.
8. A minimum 20-foot landscape buffer zone shall be established as shown on the
preliminary plat. The 20-foot buffer zone shall include a paved bike and pedestrian
path 10-feet wide, comply with AASHTO standards for bike and pedestrian
standards, and integrate into the existing path along Three Mile Drive. The buffer
strip shall also include landscaping. These improvements shall be coordinated with
the Kalispell Public Works and the Parks and Recreation Departments.
• See attached plat and correspondence.
9. Prior to final plat a letter from the Kalispell Public Works Department shall be
submitted stating that all new infrastructure has been accepted by the City of
Kalispell or a proper bond has been accepted for the unfinished work.
• See attached approval letter from the Public Works Department. As
required, a bond has been provided for the street trees, boulevard
seeding and the mailbox cluster which are the only outstanding items to
be completed.
D Engineering tdhengineering.com
AUGUST 2020
PAGE NO. 3
10. The developer shall obtain an approach permit from the Montana Department of
Transportation (MDT) for approaches onto Three Mile Drive. If any improvements
are necessary at the intersection of the roadways, these improvements shall be
completed to the satisfaction of the MDT prior to final plat and MDT shall so certify
in writing to the city.
• See attached approval letter from James Freyholtz, dated August 16,
2019. See attached approach permit from Montana Department of
Transportation.
11. All existing and proposed easements shall be indicated on the face of the final plat.
A letter from the Kalispell Public Works Department shall be obtained stating that all
the required easements are being shown on the final plat.
• See attached approval letter from the Public Works Department.
12. The following statement shall appear on the final plat: "The undersigned hereby
grants unto each and every person, firm or corporation, whether public or private,
providing or offering to provide telephone, telegraph, electric power, gas, cable
television, water or sewer service to the public, the right to joint use of an easement
for the construction, maintenance, repair, and removal of their lines and other
facilities, in over, under, and across each area designated on this plat as Utility
Easement" to have and to hold forever."
Developer's Signature
• See attached plat.
13. Prior to final plat a letter from the U.S. Postal Service shall be included stating that
the Service has reviewed and approved the design and location of the mail delivery
site. The mail delivery site shall be installed or bonded for prior to final plat. In
addition, the mail delivery site and improvements shall also be included in the
preliminary and final engineering plans to be reviewed by Public Works Department.
The mail delivery site shall not impact a sidewalk or a proposed boulevard area.
• See attached correspondence from Larry Golie, Postmaster USPS,
Kalispell, Montana dated June 5, 2020.
14. A 310 permit shall be obtained from the Montana department of Natural Resources
and Conservation — Conservation District Bureau, for any disturbances/and or
improvements adjacent to Spring Creek.
• See attached correspondence and supplemental documentation.
i
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Engineering �It/
AUGUST 2020
PAGE NO. 4
15. A homeowner's association (HOA) shall be formed and established for the common
area prior to final plat. The HOA should include provisions for the maintenance of all
common areas including the storm water pond, riparian area, park and trail along
Three Mile Drive.
• See attached plat and additional documentation.
16. A letter from the Kalispell Parks and Recreation Director approving a landscape plan
for the placement of trees and landscaping materials within the landscape
boulevards of the streets serving the subdivision. The approved landscape plan
shall be implemented or a cash in -lieu payment for installation of street trees and
groundcover to be provided to the Kalispell Parks and Recreation Department.
• See attached approval letter from the Parks and Recreation Director.
17. A minimum of two-thirds of the necessary infrastructure for the subdivision shall be
completed prior to final plat submittal.
• See attached Subdivision Improvements Agreement. As required, a
bond has been provided for the street trees, boulevard seeding and the
mailbox cluster which are the only outstanding items to be completed.
18. All utilities shall be installed underground.
• All new utilities are detailed and are required to be installed
underground during the lot development phase by the condition on the
face of the plat.
19. All areas disturbed during development shall be re -vegetated with a weed -free mix
immediately after development.
• See attached approval letter from the Parks and Recreation Director.
If you have any questions or need any additional information in regards to the Final Plat
Submittal for Cottage Gardens, please feel free to contact me directly.
Sincerely,
Douglas Peppmeier, PE
V.P. / Regional Manager
TD&H ENGINEERING
J:\2018\K18-072 Wiederspiel - Cottage Gardens\011 - Final Plat\DOCUMENTS\PDF'S\FINAL PLAT
DOCUMENTS\K18-072 PLAT CONDITIONS LETTER.DOC
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EXCLUSIONS FROM COVERAGE
Except as expressly provided by the assurances in Schedule A, the Company assumes no liability for loss or damage by reason of the
following:
(a) Defects, liens, encumbrances, adverse claims or other matters affecting the title to any property beyond the lines of the Land.
(b) Defects, liens, encumbrances, adverse claims or other matters, whether or not shown by the Public Records (1) that are created,
suffered, assumed or agreed to by one or more of the Assureds; or (2) that result in no loss to the Assured.
(c) Defects, liens, encumbrances, adverse claims or other matters not shown by the Public Records.
(d) The identity of any party shown or referred to in any of the schedules of this Guarantee.
(e) The validity, legal effect or priority of any matter shown or referred to in any of the schedules of this Guarantee.
(f) (1) Taxes or assessments of any taxing authority that levies taxes or assessments on real property; or, (2) proceedings by a
public agency which may result in taxes or assessments, or notices of such proceedings, whether or not the matters excluded under (1) or
(2) are shown by the records of the taxing authority or by the Public Records.
(g) (1) Unpatented mining claims; (2) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (3) water
rights, claims or title to water, whether or not the matters excluded under (1), (2) or (3) are shown by the Public Records.
GUARANTEE CONDITIONS
1. Definition of Terms.
The following terms when used in the Guarantee mean:
(a) the "Assured": the party or parties named as the Assured in
Schedule A, or on a supplemental writing executed by the
Company.
(b) "Land": the Land described or referred to in Schedule A, and
improvements affixed thereto which by law constitute real
property. The term "Land" does not include any property beyond
the lines of the area described or referred to in Schedule A, nor any
right, title, interest, estate or easement in abutting streets, roads,
avenues, alleys, lanes, ways or waterways.
which prompt notice is required; provided, however, that failure to
notify the Company shall in no case prejudice the rights of the
Assured under this Guarantee unless the Company shall be
prejudiced by the failure and then only to the extent of the
prejudice.
3. No Duty to Defend or Prosecute.
The Company shall have no duty to defend or prosecute any action
or proceeding to which the Assured is a party, notwithstanding the
nature of any allegation in such action or proceeding.
4. Company's Option to Defend or Prosecute Actions; Duty of
Assured to Cooperate.
Even though the Company has no duty to defend or prosecute as
(c) "Mortgage": mortgage, deed of trust, trust deed, or other set forth in Paragraph 3 above:
security instrument.
(d) "Public Records": those records established under California
statutes at Date of Guarantee for the purpose of imparting
constructive notice of matters relating to real property to
purchasers for value and without knowledge.
(e) "Date of Guarantee": the Date of Guarantee set forth in
Schedule A.
(f) "Amount of Liability": the Amount of Liability as stated in
Schedule A.
2. Notice of Claim to be Given by Assured.
The Assured shall notify the Company promptly in writing in case
knowledge shall come to the Assured of any assertion of facts, or
claim of title or interest that is contrary to the assurances set forth
in Schedule A Schedule A and that might cause loss or damage for
which the Company may be liable under this Guarantee. If prompt
notice shall not be given to the Company, then all liability of the
Company shall terminate with regard to the matter or matters for
(a) The Company shall have the right, at its option and cost, to
institute and prosecute any action or proceeding, interpose a
defense, as limited in Paragraph 4 (b), or to do any other act which
in its opinion may be necessary or desirable to establish the
correctness of the assurances set forth in Schedule A or to prevent
or reduce loss or damage to the Assured. The Company may take
any appropriate action under the terms of this Guarantee, whether
or not it shall be liable hereunder, and shall not thereby concede
liability or waive any provision of this Guarantee. If the Company
shall exercise its rights under this paragraph, it shall do so
diligently.
(b) If the Company elects to exercise its options as stated in
Paragraph 4(a) the Company shall have the right to select counsel
of its choice (subject to the right of the Assured to object for
reasonable cause) to represent the Assured and shall not be liable
for and will not pay the fees of any other counsel, nor will the
Company pay any fees, costs or expenses incurred by an Assured
in the defense of those causes of action which allege matters not
covered by this Guarantee.
(c) Whenever the Company shall have brought an action or
interposed a defense as permitted by the provisions of this
Guarantee, the Company may pursue any litigation to final
determination by a court of competent jurisdiction and expressly
reserves the right, to appeal from an adverse judgment or order.
(d) In all cases where this Guarantee permits the Company to
prosecute or provide for the defense of any action or proceeding,
the Assured shall secure to the Company the right to so prosecute
or provide for the defense of any action or proceeding, and all
appeals therein, and permit the Company to use, at its option, the
name of the Assured for this purpose. Whenever requested by the
Company, the Assured, at the Company's expense, shall give the
Company all reasonable aid in any action or proceeding, securing
evidence, obtaining witnesses, prosecuting or defending the action
or lawful act which in the opinion of the Company may be
necessary or desirable to establish the correctness of the assurances
set forth in Schedule A or to prevent or reduce loss or damage to
the Assured.. If the Company is prejudiced by the failure of the
Assured to furnish the required cooperation, the Company's
obligations to the Assured under the Guarantee shall terminate.
5. Proof of Loss or Damage.
(a) In the event the Company is unable to determine the amount of
loss or damage, the Company may, at its option, require as a
condition of payment that the Assured furnish a signed proof of
loss. The proof of loss must describe the defect, lien,
encumbrance, or other matter that constitutes the basis of loss or
damage and shall state, to the extent possible, the basis of
calculating the amount of the loss or damage.
(b) In addition, the Assured may reasonably be required to submit
to examination under oath by any authorized representative of the
Company and shall produce for examination, inspection and
copying, at such reasonable times and places as may be designated
by any authorized representative of the Company, all records,
books, ledgers, checks, correspondence and memoranda, whether
bearing a date before or after Date of Guarantee, which reasonably
pertain to the loss or damage. Further, if requested by any
authorized representative of the Company, the Assured shall grant
its permission, in writing, for any authorized representative of the
Company to examine, inspect and copy all records, books, ledgers,
checks, correspondence and memoranda in the custody or control
of a third party, which reasonably pertain to the loss or damage.
All information designated as confidential by the Assured
provided to the Company pursuant to this paragraph shall not be
disclosed to others unless, in the reasonable judgment of the
Company, it is necessary in the administration of the claim.
Failure of the Assured to submit for examination under oath,
produce other reasonably requested information or grant
permission to secure reasonably necessary information from third
parties as required in the above paragraph, unless prohibited by
law or governmental regulation, shall terminate any liability of the
Company under this Guarantee to the Assured for that claim.
6.Options to Pay or Otherwise Settle Claims: Termination of
Liability.
In case of a claim under this Guarantee, the Company shall have
the following additional options:
(a) To pay or tender payment of the Amount of Liability together
with any costs, attorneys' fees, and expenses incurred by the
Assured that were authorized by the Company up to the time of
payment or tender of payment and that the Company is obligated
to pay.
(b) To pay or otherwise settle with the Assured any claim assured
against under this Guarantee. In addition, the Company will pay
any costs, attorneys' fees, and expenses incurred by the Assured
that were authorized by the Company up to the time of payment or
tender of payment and that that the Company is obligated to pay;
or
(c) To pay or otherwise settle with other parties for the loss or
damage provided for under this Guarantee, together with any costs,
attorneys' fees, and expenses incurred by the Assured that were
authorized by the Company up to the time of payment and that the
Company is obligated to pay.
Upon the exercise by the Company of either of the options
provided for in 6 (a), (b) or (c) of this paragraph the Company's
obligations to the Assured under this Guarantee for the claimed
loss or damage, other than the payments required to be made, shall
terminate, including any duty to continue any and all litigation
initiated by the Company pursuant to Paragraph 4.
7. Limitation of Liability.
(a) This Guarantee is a contract of Indemnity against actual
monetary loss or damage sustained or incurred by the Assured
claimant who has suffered loss or damage by reason of reliance
upon the assurances set forth in Schedule A and only to the extent
herein described, and subject to the Exclusions From Coverage of
this Guarantee.
(b) If the Company, or the Assured under the direction of the
Company at the Company's expense, removes the alleged defect,
lien or, encumbrance or cures any other matter assured against by
this Guarantee in a reasonably diligent manner by any method,
including litigation and the completion of any appeals therefrom, it
shall have fully performed its obligations with respect to that
matter and shall not be liable for any loss or damage caused
thereby.
(c) In the event of any litigation by the Company or with the
Company's consent, the Company shall have no liability for loss or
damage until there has been a final determination by a court of
competent jurisdiction, and disposition of all appeals therefrom.
(d) The Company shall not be liable for loss or damage to the
Assured for liability voluntarily assumed by the Assured in
settling any claim or suit without the prior written consent of the
Company.
8. Reduction of Liability or Termination of Liability.
All payments under this Guarantee, except payments made for
costs, attorneys' fees and expenses pursuant to Paragraph 4 shall
reduce the Amount of Liability under this Guarantee pro tanto.
9. Payment of Loss.
(a) No payment shall be made without producing this Guarantee
for endorsement of the payment unless the Guarantee has been
lost or destroyed, in which case proof of loss or destruction shall
be furnished to the satisfaction of the Company.
(b) When liability and the extent of loss or damage has been
definitely fixed in accordance with these Conditions, the loss or
damage shall be payable within thirty (30) days thereafter.
10. Subrogation Upon Payment or Settlement.
Whenever the Company shall have settled and paid a claim under
this Guarantee, all right of subrogation shall vest in the Company
unaffected by any act of the Assured claimant.
The Company shall be subrogated to and be entitled to all rights
and remedies which the Assured would have had against any
person or property in respect to the claim had this Guarantee not
been issued. If requested by the Company, the Assured shall
transfer to the Company all rights and remedies against any
person or property necessary in order to perfect this right of
subrogation. The Assured shall permit the Company to sue,
compromise or settle in the name of the Assured and to use the
name of the Assured in any transaction or litigation involving
these rights or remedies.
If a payment on account of a claim does not fully cover the loss
of the Assured the Company shall be subrogated to all rights and
remedies of the Assured after the Assured shall have recovered its
principal, interest, and costs of collection.
11. Intentionally Omitted.
12. Liability Limited to This Guarantee; Guarantee Entire
Contract.
(a) This Guarantee together with all endorsements, if any, attached
hereto by the Company is the entire Guarantee and contract
between the Assured and the Company. In interpreting any
provision of this Guarantee, this Guarantee shall be construed as a
whole.
(b) Any claim of loss or damage, whether or not based on
negligence, or any action asserting such claim, shall be restricted
to this Guarantee.
(c) No amendment of or endorsement to this Guarantee can be
made except by a writing endorsed hereon or attached hereto
signed by either the President, a Vice President, the Secretary, an
Assistant Secretary, or validating officer or authorized signatory of
the Company.
13. Severability.
In the event any provision of this Guarantee, in whole or in part, is
held invalid or unenforceable under applicable law, the Guarantee
shall be deemed not to include that provision or such part held to
be invalid, but all other provisions shall remain in full force and
effect.
14. Choice of Law; Forum.
(a) Choice of Law: The Assured acknowledges the Company has
underwritten the risks covered by this Guarantee and determined
the premium charged therefor in reliance upon the law affecting
interests in real property and applicable to the interpretation, rights,
remedies, or enforcement of Guaranties of the jurisdiction where
the Land is located.
Therefore, the court or an arbitrator shall apply the law of the
jurisdiction where the Land is located to determine the validity of
claims that are adverse to the Assured and to interpret and enforce
the terms of this Guarantee. In neither case shall the court or
arbitrator apply its conflicts of law principles to determine the
applicable law.
(b) Choice of Forum: Any litigation or other proceeding brought
by the Assured against the Company must be filed only in a state
or federal court within the United States of America or its
territories having appropriate jurisdiction.
15. Notices, Where Sent.
All notices required to be given the Company and any statement
in writing required to be furnished the Company shall include the
number of this Guarantee and shall be addressed to the Company
at: 875 Concourse Parkway South, Suite 200 Maitland, FL 32751.
Telephone (866) 629-5842.
WESTCOR LAND TITLE INSURANCE COMPANY
GUARANTEE/CERTIFICATE NO. SG-3-MT1007-9370737
Order No. 2007005
WESTCOR
LAND TITLE INSURANCE COMPANY
ISSUING OFFICE:
FIRST TITLE OF
MONTANA, INC.
138 E. Center St., Ste B
Kalispell, MT 59901
406-755-5411
F 406-755-5412
Title officer. Jessica Elliott
iessicana firsttitleofmt.com
SUBDIVISION GUARANTEE
Effective Date: July 7, 2020 @ 7:55AM
The assurances referred to on the face page are:
SCHEDULE A
Guarantee/Certificate No. SG-3-MT1007-9370737
Liability: $10,000.00 Premium: $150.00
That, according to those public records which, under the recording laws, impart constructive notice of
matter relative to the following described property:
PARCELI:
TRACT 1 OF CERTIFICATE OF SURVEY NO. 9981, A TRACT OF LAND LOCATED IN THE SOUTHWEST
QUARTER OF THE SOUTHEAST QUARTER AND THE SOUTHEAST QUARTER OF THE SOUTHWEST
QUARTER OF SECTION 2, TOWNSHIP 28 NORTH, RANGE 22 WEST, P.M.M., FLATHEAD COUNTY,
MONTANA.
PARCEL 2:
A TRACT, PIECE OR PARCEL OF LAND SITUATE, LYING AND BEING IN THE SOUTHEAST QUARTER
OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 2, TOWNSHIP 28 NORTH,
RANGE 22 WEST, P.M.M., FLATHEAD COUNTY, MONTANA.
AS SHOWN ON DEED EXHIBIT: BOOK 506 AT PAGE 822.
To Be Known As: Cottage Gardens Subdivision
Title to said real property is vested in: Bruce R. Wiederspiel as and Unique Realty Developer Inc.
subject to the matters shown below under Exceptions, which Exceptions are not necessarily shown in the order of
their priority.
END OF SCHEDULE A
WESTCOR LAND TITLE INSURANCE COMPANY GUARANTEE/CERTIFICATE NO. SG-3-MT1007-9370737
7. Unpatented mining claims; reservations or exceptions in patents or in Acts authoring the issuance of said
patents.
8. All taxes, assessments, levies and charges which constitute liens or are due or payable including
unredeemed tax sales.
9. County road rights -of -way, not recorded and indexed as a conveyance of record in the office of the Clerk
and Recorder pursuant to Title 70, Chapter 21, M.C.A., including, but not limited to any right of the Public
and the County of Flathead to use and occupy those certain roads and trails.
10. 2020 taxes and special assessments are a lien; amounts are determined and payable. The first half becomes
delinquent after November 30th of the current year, the second half becomes delinquent after May 31 st of
the following year. General taxes are set forth below. Any amounts not paid when due will accrue
penalties and interest in addition to the amount state herein. 2019 taxes for Assessor No.: 01-0625101: 1 st
half $2,720.19(paid), 2nd half $2,720.14(paid)-PARCEL 1. 2019 taxes for Assessor No.: 01-0625101: 1 st
half $268.47(paid), 2nd half $268.46(paid)-PARCEL 2.
11. Easement as shown in appropriate of water right recorded on March 9, 1937 in Book 221 at Page 428.
12. All matters, covenants, conditions, restrictions, easements and any rights, interests or claims which may
exist by reason thereof, disclosed by Certificate of Survey No. 9981, but deleting any covenant, condition
or restriction indicating a preference, limitation or discrimination based on race, color, religion, sex,
handicap, familial status, or national origin to the extent such covenants, conditions or restrictions violate
42 USC 3604(c).
13. Provisions contained in that Certificate, executed by the State of Montana, Department of Health and
Environmental Services recorded with Certificate of Survey No. 9981 recorded on October 17, 1990 as
Doc. No. 1990-291-12380.
14. Resolution No. 5189 by the City of Kalispell for Zoning recorded on June 12, 2007 as Doc. No. 2007-163-
08030.
15. Notice of withdrawal from the rural fire district recorded June 12, 2007 as Doc. No. 2007-163-08090.
16. Easement for pipeline for gas system granted to Northwestern Energy set forth in the instrument recorded
May 16, 2008, as Doc. No. 2008-000-13693.
17. Resolution No. 5907 for annexation into the City of Kalispell, recorded on January 25, 2019 as Doc. No.
2019-000-01548.
18. Any possible additional tax assessments because of construction and/or improvements to the property.
19. Any delinquent water and service charges of the city of Kalispell, if any, for which no investigation has
been made.
20. Recitals, notes, dedications, easements, certificates and covenants as contained on the proposed plat of
Cottage Gardens Subdivision. Reference is hereby made to the plat for more particulars.
21. Supporting documentation, if any, to be filed with the proposed plat of Cottage Gardens Subdivision.
22. The land described in the commitment/guarantee/policy shall not be deemed to include any home trailer or
mobile home located on the property.
Exceptions and reservations contained in Patents of record.
WESTCOR LAND TITLE INSURANCE COMPANY GUARANTEE/CERTIFICATE NO. SG-3-MT1007-9370737
Common address: 575 & 645 Three Mile Dr Kalispell, MT 59901
END OF SCHEDULE B
WESTCOR
LAND TITLE INSURANCE COMPANY
Notice of Privacy Policy
of
Westcor Land Title Insurance Company
Westcor Land Title Insurance Company ("WLTIC") values its customers and is committed to protecting the privacy of
personal information. In keeping with that philosophy, we have developed a Privacy Policy, set out below, that will ensure
the continued protection of your nonpublic personal information and inform you about the measures WLTIC takes to
safeguard that information.
Who is Covered
We provide our Privacy Policy to each customer when they purchase an WLTIC title insurance policy. Generally, this
means that the Privacy Policy is provided to the customer at the closing of the real estate transaction.
Information Collected
In the normal course of business and to provide the necessary services to our customers, we may obtain nonpublic
personal information directly from the customer, from customer -related transactions, or from third parties such as our title
insurance agents, lenders, appraisers, surveyors or other similar entities.
Access to Information
Access to all nonpublic personal information is limited to those employees who have a need to know in order to perform
their jobs. These employees include, but are not limited to, those in departments such as legal, underwriting, claims
administration and accounting.
Information Sharing
Generally, WLTIC does not share nonpublic personal information that it collects with anyone other than its policy issuing
agents as needed to complete the real estate settlement services and issue its title insurance policy as requested by the
consumer. WLTIC may share nonpublic personal information as permitted by law with entities with whom WLTIC has a
joint marketing agreement. Entities with whom WLTIC has a joint marketing agreement have agreed to protect the
privacy of our customer's nonpublic personal information by utilizing similar precautions and security measures as
WLTIC uses to protect this information and to use the information for lawful purposes. WLTIC, however, may share
information as required by law in response to a subpoena, to a government regulatory agency or to prevent fraud.
Information Security
WLTIC, at all times, strives to maintain the confidentiality and integrity of the personal information in its possession and
has instituted measures to guard against its unauthorized access. We maintain physical, electronic and procedural
safeguards in compliance with federal standards to protect that information.
The WLTIC Privacy Policy can also be found on WLTIC's website at www.wltic.com.
110 — Appendix F — Subdivision Improvement Agreement
Return to:
Theresa White
Kalispell City Clerk
P.O. Box 1997
Kalispell, MT 59903
APPENDIX F
SUBDIVISION IMPROVEMENT AGREEMENT
SUBDIVISION IMPROVEMENT AGREEMENT
THIS AGREEMENT, made and entered into this 5th day of August .20 20 ,
by and between the CITY COUNCIL, CITY OF KALISPELL, MONTANA, Party of the First
Part and hereinafter referred to as the CITY, and
Bruce R. Wiederspiel as Unique Realtv Developer, Inc.
(Name of Developer)
a Corporation
(Individual, Company or Corporation)
located at 2783 Columbia Falls Stage Rd. - Columbia Falls, MT 59911
(Street Address/P. O. Box) (City, County, State, Zip)
Party of the Second Part and hereinafter referred to as DEVELOPER.
WITNESSETH:
THAT WHEREAS, the Developer is the owner and developer of a new subdivision known as
Cottage Gardens
(Name of Subdivision)
located at
Kalispell, MT
(Location of Subdivision) and,
WHEREAS, the City has conditioned it's approval of the final plat of
Cottage Gardens , upon the conditions as set
forth (Name of Subdivision) in the Preliminary Plat of the Subdivision being completed and all
improvements, as cited in "Exhibit A" have not been completed at this time, and the Developer
wishes to bond for the completion of those improvements set forth in "Exhibit A"; and
WHEREAS, the City's Subdivision Regulations require that a subdivider shall provide a
financial security of 125% of the estimated total cost of construction of said improvements as
evidenced by an estimate prepared by a licensed public engineer included herewith as "Exhibit
B"; and
WHEREAS, the estimated total cost of construction of said improvements is the sum of
I I I — Appendix F — Subdivision Improvement Agreement
$ 28,250.00
NOW THEREFORE, in consideration of the approval of the final plat of said Subdivision by
the City, the Developer hereby agrees as follows:
1. The Developer shall deposit as collateral with the City a Letter of Credit, or other acceptable
collateral as determined by the City Council, in the amount of $ 35,312.50
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 $ 35,312.50 the estimated
cost of completing the required improvements in Cottage Gardens
(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 1 20 20
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 two (2) years from the date of acceptance of the
completion of those improvements by the City;
c. That the Developer knows of no defects in those improvements;
d. That these improvements are free and clear of any encumbrances or liens;
e. That a schedule of actual construction costs has been filed with the City; and,
f. All applicable fees and surcharges have been paid.
4. The Developer shall cause to be filed with the City copies of final plans, profiles, grades and
specifications of said improvements, with the certification of the registered professional engineer
responsible for their preparation that all required improvements have been installed in
conformance with said specifications.
1 12 — Appendix F — Subdivision improvement Agrecment
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.
Z& t 4 f U 7e-klk -� e�v 7prL ��
am f Subdivislon/Dev to er G�S
by %N ALX"r 7) , /7�Qt_X
(Title) J
STATE OF MONTANA
COUNTY OF t5t7A`� MAD
On this day of JV Aj , 20 2' , before me, a Notary Public for
the State of Montana, personally appeared f rc FZ . WjE L� , known to
me to be the �f G�l�lt of (1 r rye. l+-iC , whose
name is subscribed to the foregoing instrument and aclrnowledged 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.
`fit . A (r k.-_
Notary Pub7ic for tie State bf Montana
Printed Name
Residing at
My Commis n Ex s
MAYOR, CITY OF KALISPELL
MAYOR
J K4 DOUG AS J KAUFFMAN
NOTARY PUBLIC for the
State of Montana
* SEAL. * nealdkp at Ka"& mwtana
c� My CommUon i 0res
eafMo�� July 11,2020
ATTEST:
CITY CLERK
113 — Appendix F — Subdivision Improvement Agreement
EXHIBIT A
Conditions of approval as fixed to the preliminary plat by the City Council, Kalispell, Montana.
EXHIBIT B
This agreement specifically includes the following improvements, their projected construction
completion date and estimated construction costs.
CHECK CONSTRUCTION ESTIMATED PERCENTAGE
APPROPRIATE COMPLETION CONSTRUCTION COMPLETE
IMPROVEMENTS DATE COSTS
Street Grading/Paving
Street Base
Sidewalks
Curbs and Gutters
Sanitary Sewers
Mains
Other ( )
On -Site Sewage
Facilities
Water Systems
Mains
Other ( )
On -Site Water Supply
Water Storage Tanks
Fire Hydrants
Storm Sewer or
Drainage Facilities
Street Signs
Street Lighting
Street Monuments
Survey Monument Boxes
114 — Appendix F — Subdivision Improvement Agreement
Landscaping/
Boulevard trees
CHECK CONSTRUCTION . ESTIMATED PERCENTAGE
APPROPRIATE COMPLETION CONSTRUCTION COMPLETE
IMPROVEMENTS DATE COSTS
$24,250.00 0%
Other( x )
Central Mailbox Unit $4,000.00 0%
SUBTOTAL $28,250.00
FEES
TOTALS COSTS $28,250.00
TOTAL COLLATERAL (TOTALS COSTS X 125%) $35,312.50
r1(t 0)
P.O. Box 986
Marion, Mt. 59925
Phone (406) 854-2210
Bruce Weiderspiel
Job Name: Cottage Gardens
Kalispell M.T 59901
Estimate: For 63 Trees Delivered, Planted,
Seeded Median.
Total: $24,250.00
Date:06/12/2020
Excavator Cat Backhoe Motor Grader Dump Truck Tree & Stump Removal
Septic Systems Foundations Road Building Gravel & Dirt Hauled Bobcat Rental
Licensed & Insured
2^eo
Terry Homes, Inc.
To: Bruce Weiderspiehl
From: Terry Homes Inc.
RE: ESTIMATE
To purchase mailboxes for
37 homes in Cottage Gardens $3,500.00
Mailbox installation $500.00
Total Estimate $4,000.00
7 Meridian Court • Kalispell, MT 59901 • (406) 755-7516 • www.terryThomesmt.com
Plat Room
Flathead County, Montana
800 S. Main St.
Kalispell, MT 59901
(406) 758-5510
This Form is for Subdivisions Only
BY: TD&H Engineering
FOR : Wiederspiel DATE, 11 /13/2019
DESCP : Cottage Gardens Subdivision PURPOSE: Subdivision
(TR 1A & TR 1AC in 2-28-22)
YEARS ASSESSOR #
2016 thru 2019
9-91-LOWWAII
0033140
0625101
I hereby certify that there are no outstanding taxes on the property
assigned the assessor numbers listed above, for the years indicated for
each assessor number.
uer asurer
mac rRFq
CITY OF
KALISPELL
August 28, 2020
Douglas Peppmeier, PE
Vice President / Regional Manager
TD&H Engineering
450 Corporate Drive, Suite 101
Kalispell, MT 59901
Re: Cottage Gardens
Dear Mr. Peppmeier,
The Final Plat for Cottage Gardens dated (June, 2020) has been reviewed by the Department of
Public Works to ensure conformance with the City of Kalispell Design and Construction
Standards for required easements and right-of-ways. All required easements and right-of-ways
have been determined to be acceptable. Condition ll of the Preliminary Plat conditions is hereby
deemed satisfied.
Additionally, all public infrastructure constructed for the Cottage Gardens Subdivision and
proposed to be transferred to the City of Kalispell has been designed and constructed in
accordance with MDEQ and City Design and Construction Standards, has been tested and
certified by a Montana licensed Professional Engineer, and is considered accepted by the City of
Kalispell. Condition 9 of the Preliminary Plat conditions is hereby deemed satisfied.
Sincerely,
Keith Haskins, PE
City Engineer
Cc: PJ Sorensen — Senior Planner
201 1' Avenue E I Phone (406)758-7720
Po Box 1997 Public Works Department Fax (406)758-7831
Kalispell, MT 59903 1 1 www.kalispell.com
April 26"', 2019
Mr. Wil Goodpaster, EI
TD&H Engineering
450 Corporate Drive
Kalispell, MT 59901
RE: Cottage Gardens — Plan Review
Dear Mr. Goodpaster,
The drawings submitted on April 30t", 2019 for the above project are hereby approved per the following
condition:
• A final review of the road names will be completed when staff in charge of addressing returns
from vacation.
Two reviews were done at a cost of $180 each. Please submit the review fee of $360 to the Public Works
front desk.
Approval does not relieve you, nor the contractor from designing or constructing this project in
accordance with the City Standards currently in effect. If more than 18 months lapse before completing
construction, plans and specifications must be resubmitted and approved before construction continues.
Any modifications made to these approved plans shall be submitted for review prior to construction.
This approval is for the Public Works Department only and not does necessitate full City approval. If
additional approvals from other City Departments are required they should continue to be pursued.
Please contact the Public Works Department at (406)758-7720 to set up a pre -construction meeting prior
to beginning construction. A Right -of -Way and Stormwater permit must be obtained by the prime
contractor for this project. At project completion, please provide the City with hard copy and electronic
record drawings.
We look forward to working with you on this project.
Sincerely,
Patrick Jentz, PE
Engineer 2
cc: Keith Haskins PE, City Engineer
Emily Gillespie PE, MDEQ
2011' Avenue East, P.O. Box 1997, Kalispell, MT 59903 Phone (406)758-7720 — Fax (406)758-7831
www kalispelLcom
Montana Department AQAdIMI%
of Environmental Quality
May 31, 2019
Doug Peppmeier, PE
TD&H Engineering
450 Corporate Drive, Suite 101
Kalispell, MT 59901
Re: City of Kalispell — PWSID#MT000259
Cottage Gardens — Water & Sanitary Sewer Main Extensions
EQ#19-2040 Approval
Dear Mr. Peppmeier
Thank you for the plans and specifications, engineering report and information pertaining to the existing
lift station for the proposed water and sewer main extensions associated with the Cottage Gardens
subdivision in Kalispell, received April 29 — May 28, 2019, under the Professional Engineer's seal of
Douglas A. Peppmeier, #13231 PE. The proposed water and sewer extension was reviewed in
accordance with Circular DEQ-1 design standards, 2014 Edition and Circular DEQ-2 design standards,
2016 Edition. City of Kalispell approval was received on April 26, 2019.
The Cottage Gardens development received approval of the Municipal Facility Exclusion on May 14,
2019, referenced by EQ#19-2041. As such, the City of Kalispell is responsible for the on -site storm
water runoff review within this development.
The plans and specifications for the water and sanitary sewer mains proposed in Cottage
Gardens, received May 15, 2019, are hereby approved. One copy of the plans and specifications
bearing the approval stamp of the Department of Environmental Quality is enclosed. A second set will
be retained as Department Record.
Cottage Gardens proposed 37 residential lots.
As a part of this project, adequate justification was provided by the City of Kalispell to support a design
flow rate of 200 gpd/EDU, rather than 250 gpd per EDU, and that 1/1 was not a problem at the existing
Spring Creek lift station #38 proposed to also serve Cottage Gardens. With City justification, it was
determined that a deviation from DEQ-2 Section 11.243 was not required. Therefore, the existing lift
station is determined to have adequate capacity, allowing connection by Cottage Gardens.
The water main extension includes installation of: approximately 2900 feet of 8-inch diameter water
main (C900 PVC DR18), 14 gate valves, 3 fire hydrant assemblies, two connections to the existing
water main near Three Mile Drive and Mountain Vista Way. 37 residential service connections will be
installed. Fire hydrant flow testing and water modeling illustrate that fire flow capacity of approximately
3000 gpm at 20 psi can be provided.
Steve Bullock, Governor I Shaun McGrath, Director 1 655 Timberwolf Parkway Suite 3 1 Kalispell, MT 59901-1215 1 (406) 755-8985 1 www.deq.mt.gov
City of Kalispell — PWSID#MT000259
Cottage Gardens — Water & Sanitary Sewer Main Extensions
EQ#19-2040 Approval
May 31, 2019
Page 2 of 2
The sanitary sewer main extension includes installation of: approximately 1900 feet of 8-inch diameter
gravity sewer main (SDR 35 PVC), 15 new manholes and connection to one existing manhole south of
Three Mile Drive (in Camp Crook Drive). 37 residential service connections are planned. Existing
sewer flows plus Cottage Gardens are estimate to have a peak hourly flows to the lift station of 39 gpm.
The existing 3HP Hydromatic HPGH300M2-2 pumps are adequate with an operating point of 44 gpm.
Approval is given with the understanding that any deviation from the approved plans and specifications
will be submitted to the Department for reappraisal and approval. The project may not be placed into
service until the project engineer or designer certifies by letter to the Department that the activated
portion of the project was constructed in substantial accordance with the plans and specifications
approved by the Department and there are no deviations from the design standards other than those
previously approved by the department. Within 90 days after the completion of construction, a
complete set of certified "as -built" drawings must be signed and submitted to the department.
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.
Department approval of this project covers only those portions of the plans and specifications that are
subject to the Department's review authority under the Public Water Supply Laws (MCA 75-6) and the
Administrative Rules promulgated thereunder (ARM 17.38). This approval does not cover items found
within the plans and specifications that are outside of the Department's review authority, including but
not limited to: electrical work, architecture, site grading or water and sewer service connections.
Thank you for your efforts regarding this submittal
me at (406) 755-8979 or egillespie(a)-mt.gov
Sincerely,
6p__� /,��
Emily J. Gillespie, P.E.
Engineering Bureau
If you have any further questions, please contact
C: Bruce Wiederspiel, 2783 Columbia Falls Stage Road, Columbia Falls, MT 59912
Patrick Jentz, City of Kalispell Public Works
Wendee Jacobs, Flathead County Environmental Health
MDEQ Plan Review File
June 24, 2019
Murphy Wagar
Murphy's Excavating
PO Box 986
Marion, MT 59925
Re: Approval letter for City Stormwater Management Permit Number SW19-0095 for project site: 575 THREE
MILE DR
DearPermittee:
As of July 17th, 2017, all stormwater permits must be reviewed and approved before the commencement of any
land disturbing activity.
This letter serves as an approval letter to begin land disturbance for the above -referenced project site. You are
required to:
(1) Implement the City Stormwater Management Plan prior to any land disturbance
(2) Develop and maintain best management practices
(3) Terminate the permit once the site is properly stabilized
To keep track of current projects, yearly renewal is required. If your project will continue past December 31st of
the current year, permit renewal is required. Failure to renew your permit before January 1st of next year may
incur a late fee.
Please review and follow the City Stormwater Management Ordinance 1600 (www.kalispell.com) and the
Erosion and Sediment Control Best Management Practices Reference Manual
(www.mdt.mt.gov/research/projects/env/erosion.shtml).
Note: This permit is separate from any permit required by other governmental agencies and does not waive any
obligation by you to obtain other permits or approvals that may be required. If you have any questions, please
call 406-758-5705 or email clewis(cDkalispell.com.
Sincerely,
Casey Lewis
Environmental Specialist
Public Works Department
City of Kalispell
2011st Avenue Fit, P.O. Box 1997, Kalispell, MT 59903 - Phone (406) 758-7720 - Fax (406) 758-7831, www.kalispell.com
D E
Montana Department
of Environmental Quality
June 21, 2019
Murphy Wager
Cottage Gardens Subdivision
Murphy's Excavating
113 Chippewa Drive
Marion, MT 59925
RE: Confirmation Letter, Notice of Intent (NOI) MTR107948
Cottage Gardens Subdivision
Dear Murphy Wager:
The Department of Environmental Quality (DEQ) acknowledges the receipt of your complete application
package (NOI and SWPPP) to discharge under the January 01, 2018, General Permit for Storm Water
Discharges Associated with Construction Activity (SWC-GP) on 6/22/2019. Your authorization number under
the SWC-GP is MTR107948. Please include this number on any correspondence with DEQ regarding this site.
This letter confirms only that a complete NOI has been received. DEQ does not assess the validity of the
information you provided other than project location as it relates to sage grouse habitat. Your signature on the
NOI certifies that you have read, understand, and are implementing all applicable requirements.
Specifically, the SWC-GP:
• Requires implementation of a Storm Water Pollution Prevention Plan (SWPPP),
• Defines the inspection process, and
• Defines record keeping requirements (refer to Part 2.5 of the General Permit).
The SWC-GP and additional guidance materials can be viewed and downloaded at
http://deq.mt.gov/Water/WPB/mpdes/stormwaterconstruction.
Authorization under the SWC-GP remains in effect until you submit a complete Notice of Termination (NOT).
Your signature on the NOT certifies that you have achieved final stabilization, removed your temporary Best
Management Practices, and have paid all applicable fees. All effective authorizations are assessed annual fees
each calendar year until a complete NOT is received.
Coverage under the SWC-GP does not waive your obligation to obtain coverage under other applicable permits.
If you have questions regarding SWC-GP requirements, please contact the Water Protection Bureau at (406)
444-3080.
Sincerely, ---
x4
U4 n,
Deanna Tarum
Data Control Specialist
CITY OF
KALISPELL
August 14, 2020
Kalispell Planning Department
Attn: PJ Sorenson
P.O. Box 1997
Kalispell, MT 59901
Phone: (406) 758-7932
Re: Cottage Gardens
Dear PJ:
Kalispell Parks & Recreation
306 1st Ave E. P.O. Box 1997
Kalispell, Montana 59903-1997
(406) 758-7715 Fax (406) 758-7719
This letter is to serve as conditional approval on the proposed landscaping plans for Cottage
Gardens, per plans submitted by TDH on June 18.
Tree plantings are required to meet the Street Tree Ordinance standards of 2 1/4" caliper and have
a 4-foot fibrous mulch around them in addition to meeting ISA planting standards. Rock in the
boulevards and adjacent to the public way is not permitted. Boulevard and parkland seeding
needs to be a turf blend and not a dryland mix. Any landscape revisions or substitutions need to
be authorized prior to installation. The developer will need to coordinate with Public Works for
any permits/approvals of working in the right of ways prior to working in the right of way.
We are also in receipt of a check for $9,448.96, cash in lieu for parkland dedication.
Final approval will be given upon completion, inspection and approval of the landscaping and
tree plantings, at which time any bonding that has been submitted will be released. It should be
noted that the trees and landscaping are under a warranty period of 2 years from the day the city
releases the bond, and should they die within this time frame, the developer will be responsible
for replacement.
If you have any concerns or questions, please give me a call.
Sincerely,
ld� �—
Chad Fincher, Parks and Recreation Director
Kalispell Parks and Recreation
Cottage Gardens Cash -in -Lieu
37 lots @ 0.03 ac./lot = 1.11 ac. Required Parkland Dedication
0.887 ac. Acceptable Parkland
0.223 ac. Required Cash -in -Lieu
$42,372/ac*0.223 ac = $9,448.96 Total Cash -in -Lieu
UNITEMMATES
A UP POST11L SERVICE
Doug J. Kauffman
450 Corporate Drive, Suite 101
Kalispell, MT 59901
.tune 5. 2020
Doug -
I agree with the placement of the CBU imit for Cottage Gardens Development. The
placement of the CBU's are in front of Lot 24 of this PLAT.
Consider this let approval of the site for ITS postal Service delivery.
Larry A. Golie
_�-Postmaster POSTp��'r
'
350 N. Meridian RD
Kalispell, MT 59901-9998 t JUN 5 2020
`.,v406-25 7-9 r96
Lawrence.R.Golie@USPS.GOu A Q
FCA Flathead station
UNITED STATES
IVS i? L S M
X.
"Efficiency is doing things right; Effectiveness is doing the right things. "— Peter Drucker
450 Corporate Drive
Suite 101
Kalispell, MT 59901
September 1, 2020
l
TD&
Engineering
City of Kalispell - Public Works Department
Attn: Mr. Keith Haskins, P.E. - City Engineer
201 1 sc Avenue East
Kalispell, MT 59901
406.751.5246
tdhengineering.com
RE: COTTAGE GARDENS SUBDIVISION
DRAINAGE PLAN ENGINEER'S CERTIFICATION
FINAL PLAT CERTIFICATION
Dear Keith,
As required for submittal of a final plat application, this letter is to serve as certification that
the subdivider (Unique Realty Developer, Inc.) has provided for inspection of all required
storm drainage plan improvements and TD&H Engineering certifies that all improvements
have been completed in the required manner per the approved plans and specifications. I,
Douglas Peppmeier, P.E. am a professional engineer licensed in the state of Montana and
certify the following:
1. The drainage plan improvements are in compliance with the plans and
specifications approved by the City engineer and the public works department;
2. There are no known defects in these improvements;
3. The improvements are free and clear of any encumbrance or lien;
4. All applicable fees and surcharges have been paid.
If you have any questions or need any additional information, please feel free to contact me
directly.
Sincerely,
-0 '-� P'ff-L—
Douglas Peppmeier, PE
Project Engineer
TD&H ENGINEERING
J:\2018\K18-072 Wiederspiel - Cottage Gardens\011 - Final Plat\DOCUMENTS\PDF'S\FINAL PLAT
DOCUMENTS\PUBLIC WORKS\COTTAGE GARDENS ENGINEER'S DRAINAGE CERTIFICATION.DOC
MONTANA I WASHINGTON I IDAHO I NORTH DAKOTA I PENNSYLVANIA
DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS
FOR
COTTAGE GARDENS
ARTICLE I. DECLARATION AND PURPOSE
Section 1.1: Declarant: The undersigned, Merna Terry as Secretary of Terry Dirt, LLC, the
Declarant and owner of all property encompassed in Cottage Gardens a subdivision according to the
map or plat thereof on file or of record in Flathead County, Montana. The Declarant hereby declares for
itself, its successors, and assigns, that all property in Cottage Gardens shall at all times be owned, held,
used, and occupied subject to the provisions contained in this Declaration of Covenants, Conditions, and
Restrictions. The Declarant is to hold all rights and responsibilities of the future Homeowners Association
as detailed in this declaration in order to care for and manage Cottage Gardens during the Period of
Declarant Control.
Section 1.2: Property: Shall mean all residential lots and common areas in Cottage Gardens
according to the final plat on record in the office of the Clerk on Recorder of Flathead County, Montana.
Additional property to be added to Cottage Gardens shall also be subject to and comply with this
declaration. Declarant has the right to modify property and easements during the Period of Declarant
Control.
Section 1.3: Purpose: The purpose of these Covenants, Conditions, and Restrictions is to
establish and maintain guidelines for developing, building, maintaining, living, and governing in Cottage
Gardens in order to ensure and preserve attractiveness, safety, livability, and values for the benefit of
homeowners and residents in the subdivision. This declaration is meant to ensure all properties maintain a
minimum standard of care and quality and to guard against improper use of homes or property.
Section IA: Term: These Covenants, Conditions, and Restrictions shall be binding to all
property within Cottage Gardens and shall transfer to all future owners.
Section 1.5: Amendments: Shall there be a need to modify these Covenants, Conditions, and
Restrictions, an amendment(s) signed by three directors of the homeowners' association for this
subdivision and stating that a the majority of property owners vote in favor of any changes and stating
the changes must be recorded. Amendments shall be binding upon recording
ARTICLE IL DEFINITIONS
Section 2.1: Architectural Review Committee or ARC means the committee formed to review
project proposals for architecture, design, construction, landscaping, fencing, and exterior improvements
to ensure compliance with this declaration and attractiveness and harmony throughout Cottage Gardens.
Section 2.2: Articles of Incorporation shall mean Articles of Incorporation of Cottage Gardens
Homeowners Association, as the same may be amended from time to time.
Section 2.3: Assessments means the annual, special, and default assessments levied to meet the
estimated financial requirements of the Cottage Gardens Homeowners Association.
Section 2.4: Board of Directors means board of directors of the Homeowners Association.
Cottage Gardens CCRs
Section 2.5: Bylaws shall mean the bylaws of Cottage Gardens Homeowners Association which
establish methods and procedures of its operation, as the same may be amended from time to time. A
copy of the current bylaws has been recorded with this document and any amendments to the bylaws shall
also be recorded with the Clerk and Recorder of Flathead County, Montana.
Section 2.6: Common Area shall mean all property in Cottage Gardens subject to this
declaration but excluding individual lots within the property. Common areas are for common use and
benefit to all homeowners. Common area maintenance is the responsibility of the Homeowners
Association.
Section 2.7: Common Expenses means expenses to maintain Cottage Gardens as defined by
Cottage Gardens Homeowners Association. Common Expenses include road and common area
maintenance, servicing, conserving, management, administration, duties to comply with this declaration,
and any other expenses deemed necessary by the Homeowners Association for care of Cottage Gardens.
Section 2.8: Declarant means the Terry Dirt, LLC, its successors, or assigns acting as the
original owner(s) of the property.
Section 2.9: Declaration means this Declaration of Covenants, Conditions, and Restrictions for
Cottage Gardens.
Section 2.10: Design Guidelines are guidelines specified in this declaration meant to provide
design standards for the exteriors of any lot or common area.
Section 2.11: Cottage Gardens shall mean Cottage Gardens subdivision as defined on recorded
plat.
Section 2.12: Homeowners Association or HOA means Homeowners Association of Cottage
Gardens subdivision
Section 2.13: Improvements means all buildings, parking areas, fences, walls, landscaping,
lighting, driveways, roads, trails, gates, signs, changes in any exterior color or shape, excavation and all
other site work, including, without limitations, grading, road construction, utility improvements, removal
or maintenance of trees or plants, and any new exterior construction or exterior improvement which may
not be included in the foregoing. Improvements does not include turf repair or negligible improvements
which will not affect colors or exterior appearance. Improvements means all current and future
improvements.
Section 2.14: Lot means parcel of land designated as a lot on the recorded plat.
Section 2.15: Member means any person or entity holding membership in the Cottage Gardens
Homeowners Association.
Section 2.16: Owner means the person or persons, entity or entities, who own of record,
according the real property records of Flathead County, Montana, fee simple title to a Lot, except that a
person purchasing a Lot under contract for deed which is recorded in the records of Flathead County,
Montana.
Section 2.17: Period of Declarant Control means the period beginning on the date this
declaration is first recorded in the office of the Clerk and Recorder of Flathead county, Montana, and
Cottage Gardens CCRs
ending on the earlier of. (a) the date which is 20 years later, or (b) the date on which the declarant has
sold all of the Lots on all of the plats.
Section 2.18: Plat means recorded survey of all or part of the property
Section 2.19: Utilities: For the purpose of this declaration, utilities shall mean water, sewer,
electricity, and natural gas.
ARTICLE III. HOMEOWNERS ASSOCIATION
Section 3.1: Homeowners Association: The Cottage Gardens Homeowners Association, or
HOA, shall act as a homeowner's association for Cottage Gardens. The Homeowners Association shall be
established by the declarant.
Section 3.2: Membership: All owners of lots within Cottage Gardens shall be members of the
Homeowners Association. The owners of any lot shall automatically become members of the HOA until
ownership of the lot(s) ceases for any reason. The Declarant shall be a member to the extent of the lot
ownership of the same.
(a) Contact Information: Upon acquiring ownership of a lot, owner shall immediately inform
HOA of names and contact information. Owners shall be responsible for informing HOA of
any change in contact information.
Section 3.3: Board of Directors: At establishment of the Homeowners Association, there shall
be inaugurated a manager of the HOA who will sit on the board of directors. The HOA may establish
other directors as necessary. The Board of Directors is responsible for organizing and managing all duties
of the HOA. The Board of Directors shall schedule HOA meetings from time to time as needed and shall
manage expenses and assessments. Except for management and execution of obligations of the HOA, the
Board of Directors shall have no other powers except those granted to all members. The HOA shall
establish terms for members of the board of directors as they see fit.
Section 3.4: Voting: There shall be one vote for each lot after the Period of Declarant control.
Prior to that time all voting rights shall be vested in the Declarant. Declarant may agree with a majority of
the lot owners to assign certain specific voting rights to the lot owners. Such assignment will be done as
an amendment to this document.
Section 3.5: Powers and Duties: Subject to the rights and obligations of this declaration, the
HOA will be responsible for the administration and operation of Cottage Gardens.
(a)Common Areas: The HOA is responsible for maintaining common areas for safe use by all and visual
appeal. The HOA may grant easements, rights -of -way, leases, licenses and concessions through or over
the common area for the purpose of accommodating minor encroachments by utilities, adjacent property
owners, or other purposes that do not unreasonably interfere with the use of the Common Area by owners.
The HOA shall have the primary purpose of maintaining all common areas of the subdivision including but not
limited to the storm pond, riparian area, park and trail along Three Mile Drive.
Cottage Gardens CCRs
(b) Utilities: HOA is responsible for coordinating maintenance and repair of underground utilities in
common areas as needed. Owners are responsible for repair of utilities serving individual lots and at
connections to main utility lines in the street. Owners are responsible for repair of utilities serving an
individual lot, even if the location of repair is in a Common Area. HOA is not responsible for utility
repairs at connections or to individual lots.
(c)Common Expenses: The HOA is responsible for managing common expenses shared by all owners.
Common expenses shall include road maintenance, snow removal in common areas, common area
maintenance, servicing, conserving, management, administration, duties to comply with this declaration,
and any other expenses deemed necessary by the Homeowners Association for care of Cottage Gardens.
(d)Weed Control: Weed Control in Common Areas is the responsibility of the HOA. The HOA shall
guard against noxious weeds as defined by Flathead County, Montana. The HOA shall control weeds and
landscaping in common areas in order to maintain visual appeal throughout the subdivision. The HOA is
not responsible for weed control on individual lots or on easements which are on individual lots. If an
owner of a lot is not exercising weed control deemed necessary by the HOA, the HOA may take action on
account of non-compliance with this declaration.
(e)Easements: The HOA has the right to easements on individual lots for the purpose of inspections and
maintenance of utilities or access to common areas. Except for underground utility maintenance, upkeep
of easements on individual lots is the responsibility of the corresponding owner(s) of the lot.
(f) Books and Records: The HOA is responsible for keeping updated books, records, documents, and
financial statements and will make them available for inspection by Owners upon request.
(g) Budget and assessments: The HOA is responsible for keeping a budget and estimating yearly expenses
for Cottage Gardens. The HOA is responsible for setting and collecting annual assessments and managing
money and expenses throughout the year.
(h) Committees: The HOA may delegate duties and responsibilities to any committee or other entity that
the HOA may choose to form. The HOA shall support and maintain an active Architectural Review
Committee to review ongoing improvements in the subdivision.
(i) Remedies for non-compliance to Declaration of Covenants, Conditions, and Restrictions: The HOA
may establish and charge fines for violations of this declaration. The HOA has the right to take action for
violations to this declaration to the extent allowed by law.
0) Meetings: The HOA is responsible for scheduling and holding meetings from time to time. All owners
shall be notified of all HOA meetings not less than 30 days in advance of any meeting.
3.6 The Declarant hereby waives on behalf of all the properties within the subdivision the right to object
to any Special Improvement District Assessment imposed by the City of Kalispell for the purpose of
completing the obligations stated in section 3.5 a through d, in the event the Homeowners Association is
dissolved or ceases to perform such functions and the City Council for the City of Kalispell adopts such
special improvement district.
Cottage Gardens CCRs 4
ARTICLE IV. ASSESSMENTS
Section 4.1: Assessments: Each owner of any lot, by acceptance of the deed to a lot, is deemed
to covenant and agree to pay to the HOA assessments for common expenses. All types of assessments
shall be payable to the HOA in installments and on dates determined by the HOA. The HOA shall notify
owners of assessments, installments, and due dates no less than thirty (30) days prior to due dates.
Section 4.2: Annual Assessments: The HOA shall figure and collect annual assessments from
each owner in an amount equal for each lot based on estimated common expenses for the year. Annual
Assessments shall be prorated for lots which transfer ownership during a year.
Section 4.3: Special Assessments: Special Assessments may be collected for capital
improvements or other purposes agreed upon within the HOA and not included in annual assessments.
Special Assessments shall be equal for each lot.
Section 4.4: Default Assessments: Default assessments may be assessed against a lot pursuant to
this declaration for the Owner's failure to perform an obligation under this declaration or because the
HOA has incurred an expense on behalf of or caused by the owner.
Section 4.5: Remedies for Nonpayment of Assessment: Any installment of an Assessment
which is not paid within thirty (30) days after its due date shall bear interest from the due date at the rate
of ten percent (10%) per annum. The HOA or manager may bring an action at law against the owner
personally and/or place and foreclose a lien against the property. No owner may waive or otherwise
escape liability for the assessments or charges provided for herein by non-use of the common area or
abandonment of their unit. If there is a default in payment of an installment, assessment, or charge, the
HOA may accelerate the remaining balance of the annual or special assessment due by giving ten days
written notice to the defaulting owner.
Section 4.6: No refunds: No owner shall be entitled to any rebate, return, or refund of any
amount of assessments paid to the HOA which are held as cash on hand or in any reserve account.
Section 4.7: No Assessments for Declarant: Notwithstanding the ownership of any empty lot,
the Declarant shall not be obligated to pay any assessments.
ARTICLE V. PROPERTY USE RESTRICTIONS
Section 5.1: Easements: The property will be subject to all easements shown on any recorded
Plat.
Section 5.2: Land Use: Each lot may be used for a single family home. There shall be no
commercial use on the property. Rentals or home office or related uses which do not result in increased
vehicular traffic shall not be considered commercial use. Garage sales shall be permitted, as long as no
more than two such sales are conducted per year on any lot.
Section 5.3: No subdivision of Lots: No Lot shall be further subdivided in any manner.
Section 5.4: Structures: There shall be no more than one single family home on any lot.
Structures, including fences, must conform to setbacks and height restrictions set by Kalispell, Montana.
Accessory structures for storage and recreation may be allowed per the City of Kalispell's Zoning
Cottage Gardens CCRs
regulations and upon approval of the Architectural Review Committee. Fencing must be in accordance
with the design guidelines and must be approved by the Architectural Review Committee.
Section 5.5: Dwelling size: Each home shall have a minimum of 1000 square feet of total living
space, not including garages or outdoor spaces. Two story dwellings shall have at least 600 square feet of
living space at ground level.
Section 5.6: Garage: Each home shall have an attached garage for at least one car.
Section 5.7: Driveways: Each home shall have a driveway paved in asphalt or concrete.
Driveways shall be constructed so as to not interfere with drainage and shall include culverts where
necessary.
Section 5.8: Dwelling Construction: All dwellings shall be constructed on the lot with new
materials. There shall be no trailer homes, mobile homes, modular homes, or prefabricated homes placed
on any lot. Used materials in good condition, such as brick, stone, or timber beams may be utilized
provided advance approval has been obtained from the Architectural Review Committee. All construction
must conform to Local Building Codes and Fire Codes. All construction shall be completed within 12
months after the start of construction.
Section 5.9: Drainage Control: Reasonable precaution shall be taken during construction and
thereafter to prevent erosion and drainage problems. All disturbed soil areas shall be revegetated within a
reasonable time in such a fashion to minimize erosion.
Section 5.10: Utilities: All utilities shall be placed underground. The subdivision shall be
connected to City of Kalispell water and sewer systems. No private water or sewer systems may be
constructed.
Section 5.11: Antennas, Poles, and other structures: No antennas, poles, cellular telephone
towers, communication towers, or other structures shall be erected unless approved by the Architectural
Review Committee prior to installation. Any satellite dish receiver must be 24 inches or less in diameter
and shall not be visible from any road.
Section 5.12: House numbers: Owners shall maintain house numbers which are clearly visible
from the street.
Section 5.13: Vehicles: All vehicles shall be parked in the garages or driveways, and no vehicle
shall be parked on the common area except on a temporary bases. The parking or storage of campers,
camping trailers, recreational vehicles, boats, snowmobiles, trailers, or unlicensed vehicles is only
allowed if in an enclosed garage or screened from view.
Section 5.14: Animals: Dogs (no more than 2) or cats (no more than 2) or other small household
pets may be kept, providing that they are not kept, bred, or maintained for any commercial purpose. No
livestock shall be raised, bred, or kept on any lot. Household pets must be contained upon owner's lot. In
common areas, pets must be kept on leashes and cleaned up after. All pet enclosures shall be kept in the
rear yard of a lot. No dog which barks and can be heard on any frequent or continuing basis shall be kept
on any lot. Pets constituting a nuisance may be ordered by the HOA to be kept within the residence of the
owner or ordered expelled from Cottage Gardens.
Cottage Gardens CCRs 6
Section 5.15: Signs: No signs, billboards, banners, or advertising devices of any nature except as
may be authorized be the Architectural Review Committee shall be erected on any lot except for
temporary For Sale signs.
Section 5.16: Outdoor Lighting: Lighting shall serve only the lot on which it is located. A
reasonable effort should be exercised to limit light pollution and lights shining onto neighboring
properties.
Section 5.17: Landscaping: Landscaping of an entire lot must occur within 1 year of excavation
or other ground disturbance following approval of landscaping plans by the Architectural Review
Committee.
Section 5.18: No Noxious weeds: No Noxious weeds, as defined by Flathead County, may be
allowed on any lot or in any common area.
Section 5.19: No hunting: No hunting of any kind shall be permitted in Cottage Gardens.
Section 5.20: No fuel tanks: No fuel tanks, whether above or below ground, shall be permitted in
Cottage Gardens.
Section 5.21: No oil drilling: No oil drilling, oil development operations, oil refining, quarrying,
or mining operation of any kind shall be permitted upon or in any lot, nor shall oil wells, tanks, tunnels,
mineral excavations or shafts be permitted upon or in any lot. No derrick or other structures designed for
use in boring for natural gas shall be erected, maintained, or permitted upon any lot.
ARTICLE VI. OWNERS RIGHTS AND RESPONSIBILITIES
Section 6.1: Abide by Declaration: Agreed upon at acceptance of a deed to any lot, all owners
and residents in Cottage Gardens must conform and abide to all portions of this declaration.
Section 6.2: Homeowners Association: All owners are automatically equal members of the
Homeowners Association as of its initiation. All owners have equal voting rights, however all votes must
be collected at times given and through methods established by the HOA in order to be counted.
(a) Contact Information: Owner is responsible for providing to the HOA current contact
information and notifying the same of any updates to contact information immediately.
Section 6.3: Assessments: All owners must pay assessments as levied by the HOA. Nonpayment
of assessments is subject to action as allowed by this declaration and by law. Any assessment not paid
within two months of the due date is deemed to be consent of the lot owner(s) to the filing of a lien for the
assessments which lien shall include interest at the legal rate and attorney fees.
Section 6.4: Maintenance: Owners are responsible for maintaining all structures, land,
driveways, sidewalks, and any other features on the lot in working order and in appealing condition to
promote safety, health, visual attractiveness, and value in the neighborhood. All expenses incurred as a
result of maintenance shall be the responsibility of the owner. If reasonable maintenance is not being
exercised in the opinion of the HOA, the HOA may take action for non-conformance to this declaration.
Cottage Gardens CCRs
(a) Sidewalks and Boulevards: Maintenance of any sidewalk median strip or boulevard shall be
the responsibility of the Lot Owner whose Lot directly abuts the median strip. Where a median
strip abuts on a common area, the maintenance responsibility shall be the obligation of the HOA.
Section 6.5: Improvements: Improvements are encouraged to maintain quality and increase
value. Improvements that change the exterior of the home or the lot must be submitted to and approved by
the Architectural Review Committee prior to initiation of any project.
Section 6.6: Weeds: Owners are responsible for guarding against and treating weeds on any part
of the lot.
Section 6.7: Easement Access: Access must be granted to easements by the HOA or utility
companies for inspections and maintenance.
Section 6.8: Easement Maintenance: Easements on any individual lot shall be maintained by
the owner of the lot.
Section 6.9: Trash: Trash removal for each lot is the responsibility of the owners. No trash or
debris shall be collected, piled, or burned on any part of any lot.
Section 6.10: Snow Removal: Snow removal on any driveway or private sidewalk is the
responsibility of the owner. Driveways and sidewalks shall be cleared as needed to maintain safety for
residents and visitors. Snow removal on sidewalks abutting a lot shall be the responsibility of the Lot
owner per city ordinances.
Section 6.11: Landscaping: Landscaping shall be maintained regularly to promote health, safety,
value, and guard against weeds. Landscaping on any lot is the responsibility of the owner. Landscaping
shall be established and maintained on each entire lot to provide erosion control and visual appeal. Lawns
and landscaping features shall be irrigated and mowed/trimmed as needed. Any improvements to
landscaping which change the look or character of the lot shall be submitted and approved by the
Architectural Review Committee prior to commencement of any project. Landscaping on sidewalk
boulevards is the responsibility of the adjacent lot owner.
Section 6.12: No noxious activity: 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.
ARTICLE VII. DESIGN GUIDELINES
Section 7.1: Purpose: The purpose of design guidelines is to provide guidelines and expectations
for the exterior appearance and quality of all structures in Cottage Gardens to owners, builders, or any
other entities involved in establishing, maintaining, or improving all areas in Cottage Gardens except the
interiors of residences. The Design Guidelines are meant to ensure all structures in Cottage Gardens meet
a high standard of quality and appearance in order to maintain pride and value throughout the subdivision.
Section 7.2: Applicable Features: All exterior structures, landscaping, hardscapes, fencing, and
all other exterior features, whether permanent or temporary, shall be subject to these design guidelines.
Any exterior improvement that changes the appearance or quality of the lot or structures on the lot must
comply with the design guidelines.
Cottage Gardens CCRs 8
Section 7.3: Enforcement: All new structures or improvements to exteriors must be submitted
and approved by the Architectural Review Committee prior to commencement of any project as described
in Article VIIL If any feature is created which has not been approved by the Architectural Review
Committee, the HOA may take action for non-compliance with this declaration including but not limited
to demanding removal of the unapproved feature, charging a fine for a violation, or taking action as
allowed by law.
Section 7.4: Architecture: Homes and secondary structures shall be of complementary
architecture to other structures in the neighborhood.
Section 7.5: Exterior Finishes: Exterior colors shall be pleasant and complementary to
surrounding exterior finishes in the neighborhood. Colors in the subdivision shall be complementary, but
not matching in order to achieve pleasing variation. The primary home structure on each lot must have at
least two colors. Neighboring homes must have reasonable variation in color. Only Class A or B roofing
materials, as rated by the National Fire Protection Association, shall be allowed on all structures.
Section 7.6: Secondary structures: sheds, canopies, or other yard structures must complement
the primary structure in architecture and exterior finishes and must be approved by the Architectural
Review Committee prior to construction or installation.
Section 7.7: Landscaping: Each lot shall be landscaped completely to provide erosion control
and visual appeal. A mixture of grass lawn, trees, hardscape areas, and garden areas is encouraged. Plant
species natural to the area are encouraged.
Section 7.8: Fencing: Fencing must comply with Flathead County zoning restrictions. No
fencing is allowed forward of the front of the primary residential structure. Allowable fencing options
include but are not limited to wood, chain link, and vinyl. Other fencing materials may be permitted at the
discretion of the Architectural Review Committee.
ARTICLE VIII. ARCHITECTURAL REVIEW COMMITTEE
Section 8.1: Committee and Purpose: An Architectural Review Committee (ARC) shall exist to
review and ensure compliance with the design guidelines and property use regulations in order to ensure
standards of quality and visual appeal throughout Cottage Gardens. During the Period of Declarant
Control, the ARC shall consist of at least two members appointed by the declarant.
(a) Members and Management: The HOA shall manage the ARC and establish membership
practices and terms. Members of the ARC may be HOA members, or the HOA may choose to
hire external consultants as members for the ARC. The ARC must be comprised of at least two
committee members at all times. One member of the ARC shall be the main contact person and
shall receive submittals and communicate on behalf of the ARC.
Section 8.2: Scope: The Architectural Review Committee must review and approve of the
appearance and materials of all structures on the exterior of the home on any lot. The ARC is NOT
responsible for reviewing construction methods or practices for safety or compliance with building codes.
The ARC shall not have control of or influence over anything on the interior of any structure. Items that
must be submitted and approved by the ARC include but are not limited to: new homes, new accessory
structures, fencing, landscaping, tree removal, and improvements, including new paint colors, to any of
the same. ARC review for the foregoing is necessary for work on all lots and in all common areas. ARC
approval is not necessary for planting small gardens, bushes, or trees. The ARC must review submittals
based on this declaration and the design guidelines. The ARC may use its judgement and interpretation of
Cottage Gardens CCRs
this declaration while reviewing submittals. Wherein a submittal, or portion of a submittal, is not
addressed in this declaration, the ARC may use discretion based on the appearance and values of the
subdivision. Previous or existing construction or installation of exterior features or elements in the
subdivision does not justify future approvals of similar elements, and each submittal will be reviewed
individually and considered on a case by case basis.
Section 8.3: Required Submittals: The ARC shall keep a list of approved builders and
designs. An owner using an approved builder need to seek the approval of ARC, but simply must
advise ARC that they are using an approved builder and the builder will notify ARC of the
approved design. ARC will only have to approve changes in the design and the color of the
structure. The provisions below are waived.
Section 8.4: Required Submittals If Not An Approved Builder: An owner, builder, or other
representative must provide detailed plans for new construction or improvements for ARC review. Plans
shall show location and the exterior appearance of the structure. Plans must include colors and types of
materials. Plans and other necessary documents may be emailed to the designated ARC contact person.
The HOA shall keep current contact information for the ARC contact person and shall share the
information upon request. The ARC may request additional information or materials such as color or
material samples if they feel it is necessary to review any given project.
Section 8.5: Fees: The HOA may decide to charge a fee for Architectural Review to compensate
for review time, meeting and submittal management, or outside hires if applicable. The fee and any
details regarding the fee must be disclosed to all owners prior to being levied for any project.
Section 8.6: Review Process: The ARC may choose to have regular meeting or scheduled
meetings, but a meeting may not be required in all cases. The ARC members may choose to communicate
in person or in any other manner about submittals. The designated ARC contact shall collect submittal
documents and disperse them to the committee using a method agreed upon by the committee. The ARC
contact person shall respond to the submittal in writing with the conclusion of the review agreed upon by
all members of the ARC. The conclusion may be approval, disapproval, or conditional approval.
Commencement of any project shall not occur until final approval has been granted by the ARC and any
applicable fees have been paid.
Section 8.7: Timeline: The ARC shall have thirty (30) days from the date of submittal to
complete the review process and issue a response. The ARC shall issue a written response within 30 days.
Construction or installation of approved projects may begin when approval is issued provided any
appropriate fees have been paid. Where disapprovals exist, future submittals for the same project shall be
treated as new submittals and are subject to an additional 30 day review timeline. Where conditional
approvals exist, work may commence after the required conditions are agreed upon in writing, providing
any applicable fees have been paid. In an event in which no response is issued by the ARC within the 30
day review timeline, the project shall be deemed approved, however it is the responsibility of the owner to
ensure it meets standards in this declaration.
Section 8.8: Revisions to Processes: The ARC and the HOA jointly shall have the power to
change, add, or modify ARC processes, applications, and practices as necessary. Any change must be
written and recorded prior to initiation of new or changed processes.
ARTICLE IX. MISCELLANEOUS
Cottage Gardens CCRs 10
Section 9.1: Limited Liability: Neither the declarant, the HOA, the ARC, nor their respective
members shall be liable to any party for any action or for any failure to act with respect to any matter if
the action taken or failure to act was in good faith and without malice.
Section 9.2: Severability: Invalidity or unenforceability of any provision contained in this
declaration in whole or in part shall not affect the validity or enforceability of any other provision of the
declaration.
Section 9.3: No Waiver: Failure to enforce any provision contained in this declaration shall not
operate as a waiver of any such provision or of any other provision of this declaration.
Section 9.4: Entirety: This declaration shall be binding in its entirety and any article or section
of this document cannot stand alone.
Signature of Declarant
Date:
Merna Terry, Secretary
Terry Dirt, LLC
STATE OF MONTANA, COUNTY OF FLATHEAD
On this day of , 20 , before me, the undersigned, a Notary public for
the State of Montana, personally appeared Merna Terry, Secretary, Terry Dirt, LLC, known to me to be
the person whose name is subscribed to the within instrument and acknowledged to me that such person
executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and year
first above written.
Cottage Gardens CCRs 11
BYLAWS
OF
COTTAGE GARDENS HOMEOWNERS ASSOCIATION, INC.
These Bylaws are and constitute the bylaws for the Cottage Gardens HOMEOWNERS ASSOCIATION,
INC. ("Homeowners Association"), effective as of 12020.
ARTICLE I.
Definitions
The terms defined in the Declaration of Covenants, Conditions and Restrictions of Cottage Gardens
Subdivision, recorded in the records of Flathead County, Montana, (the 'Declaration") shall have the same meaning
in these Bylaws.
ARTICLE II.
Offices
The initial principal offices of the Homeowners Association shall be at 7 Meridian Court Kalispell, MT
59901. The board of directors may change the location of the principal offices. The Homeowners Association may
also have offices and may carry on its purposes at such other places within and outside the State of Montana as the
board of directors may from time to time determine.
ARTICLE III.
Property Rights and Rights of Enjoyment of Facilities and Functions
Each member and guest shall be entitled to the use and enjoyment of the Homeowners Association
Common Areas, common facilities and functions, subject to such rules and regulations as may be adopted by the
board of directors from time to time, pursuant to these Bylaws, below.
ARTICLE IV.
Membership, Voting, Quorum and Proxies
1. Members. The members of the Homeowners Association shall be all Owners of the Lots within
Cottage Gardens Subdivision, as defined in the Declaration. Initially, consists of the property described on Exhibit
"A" attached hereto. The Declarant may expand the membership of the Homeowners Association by annexing
additional real property to Cottage Gardens Subdivision, as provided in the Declaration.
2. Voting Rights. The voting rights of the members within the Homeowners Association shall be limited
to one (1) vote per Lot. If a person or entity owns more than one Lot, that person or entity shall have as many votes
as the number of Lots owned by that person or entity. If more than one person or entity has an ownership interest in
a single Lot, such persons or entities must decide among themselves how the vote for that Lot shall be cast. In the
case of multiple owners of a single Lot, unless informed otherwise in writing, it shall be assumed that the first
Page 1 of 9
person listed in the ownership records of the Homeowners Association shall be permitted to act in all respects for
that Lot.
3. Record Date. The board of directors shall have the power to fix in advance a date as a record date for
the purpose of determining members entitled to notice of or to vote at any meeting or to be furnished with any other
information or material, or in order to make a determination of membership, for any purpose. The members existing
on any such record date shall be deemed members for such notice, vote, meeting, furnishing of information or
material, or other purpose, and for any supplementary notice or information or material with respect to the same
matter and for any adjournment of the same meeting. A record date shall not be more than 50 days prior to the date
on which the particular action requiring determination of membership is proposed or expected to be taken or to
occur. If no record date is established for a meeting, the date on which notice of such meeting is first given to any
member shall be deemed the record date for the meeting.
4. Quorum. Except as otherwise provided in the Articles of Incorporation or these Bylaws, the presence in
person or by proxy of the Owners of thirty-three percent (33%) of the Lots shall constitute a quorum.
5. Proxies. Votes may be cast in person or by proxy. Every proxy must be executed in writing by the
member or his duly authorized attorney in fact. Except as provided in Article X herein, no proxy shall be valid after
the expiration of eleven months from the date of its execution.
6. Majority Vote. At any meeting of the members where a majority vote is required, if a quorum is
present, the affirmative vote of the Owners of a majority of the Lots represented at the meeting, in person or by
proxy, shall be the act of the members unless the vote of a greater number is required by law, the Articles of
Incorporation, the Declaration or these Bylaws as from time to time in force and effect.
7. Written Ballot. Any action which can be taken at a meeting of members may also be taken by written
ballot. The ballot must set forth each action proposed to be taken and provide an opportunity to vote for or against
the proposed action. The ballots must be mailed to all members at their addresses shown on the records of the
Homeowners Association, together with a statement of the number of responses needed to meet the quorum
requirements, the percentage of votes that is needed to pass the proposed action, and the date upon which the ballot
must be returned to the Homeowners Association in order to be counted. A written ballot, once received by the
Homeowners Association, may not be revoked.
ARTICLE V.
Meetings of Members
1. Annual Meeting. The annual meeting of the members of the Homeowners Association shall be held at
a time and place in Flathead County designated by the Homeowners Association board of directors. The meeting
shall be for the purpose of providing a forum for the homeowners to elect directors and for the transaction of such
other business and matters as may be pertinent to the Homeowners Association which is brought before the meeting.
If the day fixed for the annual meeting shall be a legal holiday in Montana, such meeting shall be held on the next
succeeding business day.
2. Special Meetings. Special meetings of the members, for any purpose, may be called by the president or
by a majority of the board of directors.
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3. Place of Meeting. The board of directors may designate any place in Flathead County as the place for
any annual meeting or for any special meeting called by the board of directors.
4. Notice of Meeting. Written notice of any meeting of the members stating the place, day and hour of the
meeting, and the purpose or purposes for which the meeting is called, shall be delivered personally or by mail to
each member entitled to vote at such meeting not less than fourteen (14) days nor more than fifty (50) days before
the date of the meeting. If mailed, such notice shall be deemed to be delivered when deposited in the United States
mail, addressed to the member at his address as it appears in the office of the Homeowners Association, with
postage thereon prepaid.
ARTICLE VI.
Board of Directors
1. Number, Tenure and Qualifications. The business and affairs of the Homeowners Association shall be
managed by a board of directors. Directors shall be appointed or elected as follows:
(a) The initial Directors of the Homeowners Association shall be:
Mema Terry 7 Meridian Court Kalispell, MT 59901
Lee Daugherty 7 Meridian Court Kalispell, MT 59901
Ryan Schultz 7 Meridian Court Kalispell, MT 59901
(b) During the period of Declarant Control, Declarant may appoint, remove and replace from time
to time all of the directors of the Homeowners Association. If Declarant so elects, Declarant may from
time to time relinquish, either on a temporary or permanent basis, the right to appoint all or a portion of the
directors of the Homeowners Association: provided that any such relinquishment shall be expressed in
writing to the Homeowners Association.
(c) Following the Period of Declarant Control, Directors shall be elected or appointed annually by
the members at the Homeowners Association annual meeting.
The total number of directors comprising the board of directors may be increased or decreased from, time
to time by act of the board of directors, but the number of directors shall not be less than three directors nor
more than five (5) directors. Each director shall hold office until the election or appointment and
qualification of his successor. If a director resigns, his replacement shall hold office only until the next
annual meeting of the Homeowners Association.
2. Resignations, Vacancies. Any director may resign at any time by giving written notice to the president
or the secretary of the Homeowners Association. Such resignation shall take effect at the time specified therein; and
unless otherwise specified therein, the acceptance of such resignation shall not be necessary to make it effective.
Any vacancy occurring in the board of directors by reason of resignation or death, may be filled by the affirmative
vote of a majority of the directors then in office though less than a quorum, except that during the Period of
Declarant Control, the vacancy shall be filled by Declarant. A director elected to fill such a vacancy shall be elected
to serve until the next annual meeting of the members.
Page 3 of 9
3. General Powers. The board of directors shall have and may exercise all the powers of the Homeowners
Association consistent with the Declaration, except such as are expressly conferred upon the members by law, by the
Articles of Incorporation, or the Bylaws as from time to time in force and effect.
4. Additional Powers and Responsibilities. In addition to its general powers, the board of directors shall
have the authority and the responsibility, acting through the board of directors and officers:
(a) To administer and enforce the covenants, conditions, restrictions, easements, uses, limitations,
obligations and all other provisions set forth in the Articles of Incorporation, Declaration, or the Bylaws as
from time to time in force and effect.
(b) To maintain in good order, condition and repair Common Areas and all items of personal
property used in the enjoyment of such property, to include roads, landscaping, and other facilities under
control or deemed the responsibility of the Homeowners Association.
(c) To obtain and maintain appropriate insurance in connection with Common Areas and related
personal property.
(d) To fix, determine, levy and collect Assessments from Owners to meet the Common Expenses
of the Homeowners Association and to create reasonable reserves therefor.
(e) To collect promptly all delinquent assessments by suit or otherwise.
(f) To issue, or cause an appropriate officer to issue, upon written demand of any member a
certificate setting forth whether any Assessment has been paid by such member. Such certificate shall be
conclusive evidence against the Homeowners Association for all purposes. The Homeowners Association
may charge a reasonable fee for such certificate.
(g) To protect and defend Common Areas and related personal property from loss and damage by
suit or otherwise.
(h) To borrow funds in order to pay for any expenditure or outlay authorized by these Bylaws, the
Declaration, and the Articles of Incorporation as from time to time in force and effect.
(i) To enter into contracts within the scope of their duties and powers.
0) To establish a bank account or accounts for the common treasury and for all separate funds
which are required or may be deemed advisable by the board of directors.
(k) To maintain full and accurate books and records showing all of the receipts, expenses or
disbursements of the Homeowners Association. Any member may inspect such records upon reasonable
notice at any reasonable time.
(1) To prepare an annual written report to the board regarding the financial record of the
Homeowners Association. If they deem necessary, to employ independent third -party accountants and/or
auditors to review and inspect the financial records.
5. Compensation. By resolution of the board of directors, any director may be paid any one or more of
the following: his reasonable expenses incurred, if any, in furtherance of the business or affairs of the Homeowners
Page 4 of 9
Association; a fixed sum for attendance at meetings; or a stated salary as a director. No such payment shall preclude
any director from serving the Homeowners Association in any other capacity and receiving compensation thereof.
6. Regular Meetings. Regular meetings of the board of directors may be held without call or formal
notice at such places and at such times as the board may from time to time by vote determine. Any business may be
transacted at a regular meeting. Until further determination, the regular meeting of the board of directors for the
election of officers and for such other business as may come before the meeting may be held without call or formal
notice immediately after, and at the same place as, the annual meeting of members, or any special meeting of
members at which a board of directors is elected.
7. Special Meetings. Special meetings of the board of directors may be held at any place and time when
called by the president, or by two or more directors, upon at least five (5) days' prior notice of the time and place
thereof being given to each director by leaving such notice with him or at his residence or usual place of business, or
by mailing or telegraphing it prepaid, and addressed to him at his post office address as it appears on the books of
the Homeowners Association, or by telephone or facsimile transmission. Notices shall state the purposes of the
meeting. No notice of any adjourned meeting of the directors shall be required.
8. Quorum. A majority of the number of directors fixed by the Bylaws shall constitute a quorum for the
transaction of business, but a lesser number may adjourn any meeting from time to time. When a quorum is present
at any meeting, a majority of the voting directors in attendance shall decide any question brought before such
meeting, except where a larger number is required by law, the Articles of Incorporation, or by these Bylaws as from
time to time in force and effect.
9. Waiver of Notice. Before, at or after any meeting of the board of directors, any director may, in
writing, waive notice of such meeting and such waiver shall be deemed equivalent to the giving of such notice.
Attendance by a director at any meeting of the board shall be a waiver of notice by him except when a director
attends the meeting for the express purpose of objecting to the transaction of business because the meeting is not
lawfully called or convened.
10. Informal Action by Directors. Any action required or permitted to be taken at a meeting of the
directors may be taken without a meeting with consent in writing, setting forth the action so taken, shall be signed
by all of the directors entitled to vote with respect to the subject matter thereof. Such consent shall have the same
force and effect as a unanimous vote of the directors.
11. Executive Committee. An executive committee may be appointed by the Directors as deemed
necessary.
ARTICLE VII.
Officers and Agents
1. General. The officers of the Homeowners Association shall be a president, one or more vice presidents,
a secretary and a treasurer and such other officers, assistant officers, committees and agents, including assistant
secretaries and assistant treasurers, as the board of directors may consider necessary or advisable. A person may
hold more than one office, except that President and Secretary shall not be the same person. The officers shall hold
their offices for such terms and have such authority and duties as from time to time may be determined by the board
of directors. The officers shall be selected as follows:
Page 5 of 9
(a) During the Period of Declarant Control, Declarant may appoint, remove and replace from time
to time all of the officers of the Homeowners Association. If Declarant so elects, Declarant may from time
to time relinquish, either on a temporary or permanent basis, the right to appoint all or a portion of the
officers of the Homeowners Association; provided that any such relinquishment shall be expressed in
writing to the Homeowners Association.
(b) Following the Period of Declarant Control, the officers shall be chosen in such manner as
from time to time may be determined by the board of directors.
The salaries, if any, of all the officers of the Homeowners Association shall be fixed by the board of
directors. In all cases where the duties of an officer, agent or employee are not prescribed by the Bylaws or
by the board of directors, such officer, agent or employee shall follow the orders and instructions of the
president or his designee.
2. Removal of Officers. During the Period of Declarant Control, any officer may be removed, either with
or without cause, and his successor appointed by Declarant. After the Period of Declarant Control, upon an
affirmative vote of a majority of the members of the board of directors, any officer may be removed, either with or
without cause, and his successor elected at any regular meeting of the board of directors, or at any special meeting of
the board called for such purpose.
3. Vacancies. A vacancy in any office, however occurring, may be filled (a) during the Period of
Declarant Control, by the Declarant, or (b) after the Period of Declarant Control, by the board of directors for the
unexpired portion of the term.
4. President. The president shall be the chief executive officer of the Homeowners Association. He shall
have the general and active control of the affairs and business of the Homeowners Association and general
supervision of its officers, agents and employees.
5. Vice Presidents. The vice presidents shall assist the president and shall perform such duties as may be
assigned to them by the president or by the board of directors. In the absence of the president, the vice president
designated by the board of directors or (if there be no such designation) designated in writing by the president shall
have the powers and perform the duties of the president. If no such designation shall be made all vice presidents may
exercise such powers and perform such duties.
6. Secretary. The secretary shall:
(a) Keep the minutes of the proceedings of the members, executive committee and the board of
directors;
(b) See that all notices are duly given in accordance with the provisions of these Bylaws, the
Articles of Incorporation and Declaration, and as required by law;
(c) Be custodian of the Homeowners Association's records;
(d) Keep at its principal place of business a record containing the names and registered addresses
of all members, the designation of the property owned or leased by each member, and, if such property is
mortgaged and the mortgagee has given the Homeowners Association notice thereof, the name and address
of the mortgagee;
Page 6 of 9
(e) In general, perform all duties incident to the office of secretary and such other duties as from
time to time may be assigned to him by the president or by the board of directors. Assistant secretaries, if
any, shall have the same duties and powers, subject to supervision by the secretary.
7. Treasurer. The treasurer shall be the principal financial officer of the Homeowners Association and
shall have the care and custody of all funds, securities, evidences of indebtedness and other personal property of the
Homeowners Association and shall deposit the same in accordance with the instructions of the board of directors.
He shall receive and give receipts for moneys paid into the Homeowners Association and shall pay out of the funds
on hand all bills, payrolls and other just debts of the Homeowners Association of whatever nature upon maturity. He
shall perform all other duties incident to the office of the treasurer and, upon request of the board of directors, shall
make such reports to it as may be required at any time. He shall, if required by the board of directors, give the
Homeowners Association a bond in such sums and with such sureties as shall be satisfactory to the board,
conditioned upon the faithful performance of his duties and for the restoration to the Homeowners Association of all
books, papers, vouchers, money and other property of whatever kind in his possession or under his control
belonging to the Homeowners Association. He shall have such other powers and perform such other duties as may
be from time to time prescribed by the board of directors or the president. The assistant treasurers, if any, shall have
the same powers and duties, subject to the supervision of the treasurer.
ARTICLE VIII.
Obligations of the Members
1. Assessments. Each member shall be obligated to pay and shall pay to the Homeowners
Association all Assessments levied under the Declaration, the Articles of Incorporation or these Bylaws with respect
to such Owner's Lot, and each member shall comply with any determinations made by the board of directors with
respect to such Assessments.
2. Compliance with the Articles of Incorporation, Bylaws and Rules and Regulations. Each
member shall comply with all provisions of the Declaration, Articles of Incorporation, these Bylaws, and any rules
and regulations issued by the board of directors as from time to time in force and effect. The membership rights and
privileges, including, but not limited to, the right to vote and the right to use Common Areas of any member or
guest, shall be suspended by action of the board of directors during the period when any assessments or other
amounts due relating to such member's Lot remain unpaid; but, upon payment of such assessments or other amounts,
such rights and privileges shall be automatically restored.
ARTICLE IX.
Evidence and Determination of Membership, Registration of Mailing Address and Lien Holders
1. Evidence of Membership and Registration of Mailing Address. Members in the Homeowners
Association shall attain membership status by ownership of a Lot.
2. Members shall furnish to the Homeowners Association a copy of the deed or other recorded instrument
vesting that party with the interest required to make it a member of the Homeowners Association. Each
such member shall at the same time give a single name and address to which notices to such member may
Page 7 of 9
be sent. In the event of any change in the facts reported in the original written notice, including any change
of ownership, the member shall give a new written notice to the Homeowners Association containing all
the information required to be covered by the original notice. The Homeowners Association may, but shall
not be obligated to, rely, for any and all purposes, on the information reflected in the most recent written
notice furnished with respect to such member. The Homeowners Association shall keep and preserve the
most recent written notice received by the Homeowners Association with respect to each member.
3. Homeowners Association Determination as to Membership. The Homeowners Association shall
keep records of its determinations of membership which shall be used and may be relied upon by it for any and
all purposes. No party shall be entitled to any notice or the right to vote until it has been determined by the
Homeowners Association that such party is a member and that all dues assessed to that site have been paid in
full. Any party aggrieved by any determination of the Homeowners Association with respect to its voting rights
may contest such action within 45 days after it has notice thereof by commencing a legal action in the District
Court of Flathead County, Montana, within such 45-day period. If such action is not commenced in such
period, the determination of the Homeowners Association shall be final.
4. Mortgagees. Any member who mortgages or grants a deed of trust covering his Lot may notify
the board of directors of the name and address of the mortgagee or beneficiary of the deed of trust and may file
conformed copies of the note and security instrument with the board of directors. Such notice shall include an
agreement by the lending institution that it will notify the Homeowners Association when its lien has been
released. If such notice is given, the board of directors, when giving notice to a member of default in paying an
assessment or other default, shall send a copy of such notice to each mortgagee or beneficiary of a deed of trust
covering such member's Lot whose name and address has theretofore been filed with the Homeowners
Association, and which has not been removed by appropriate notice that the lien has been released. However,
failure to give such notice to a mortgagee shall not invalidate the notice to a member.
5. Address of the Homeowners Association. The initial address of the Homeowners Association shall
be as provided in Article II, above. Such address may be changed from time to time upon written notice to all
members and all mortgagees or beneficiaries of deeds of trust whose names have been previously filed with the
Homeowners Association.
ARTICLE X.
Amendments
These Bylaws may be amended or repealed by the board of directors from time to time. During
the Period of Declarant Control, any amendment shall require the written consent of the Declarant.
ARTICLE XI.
Miscellaneous
1. Fiscal Year. The fiscal year of the Homeowners Association shall commence on January 1 st and
terminate on December 31 st of each year.
Page 8 of 9
The undersigned, incorporator of Cottage Gardens Homeowners Association, Inc. does hereby adopt the
foregoing Bylaws as the bylaws of Cottage Gardens HOMEOWNERS ASSOCIATION, INC.
STATE OF MONTANA
ss
County of Flathead
Mema Terry
On this day of 2019, before me the undersigned, a Notary Public for the State aforesaid,
personal appeared , known to me to be the person(s) whose name(s) are
subscribed the within instrument, and acknowledged to me that he/she/they executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial seal the day and year first
above written.
Notary Public for the State of Montana
Residing at , Montana
My Commission expires
Page 9 of 9
ARTICLES OF INCORPORATION
OF
COTTAGE GARDENS HOMEOWNERS ASSOCIATION, INC.
Pursuant to the Montana Non -Profit Corporation Act, the undersigned corporation hereby adopts, in the
manner prescribed by statute, the following Articles of Incorporation.
FIRST: The name of the corporation shall be as follows:
COTTAGE GARDENS HOMEOWNERS ASSOCIATION, INC.
SECOND: The duration of the corporation shall be perpetual.
THIRD: The corporation is a mutual benefit corporation.
FOURTH: The name of the registered agent of the corporation is Merna Terry. The street address of the
registered office of the corporation is 7 Meridian Court, Kalispell, MT 59901. The mailing address of the registered
office is 7 Meridian Court Kalispell, MT 59901.
FIFTH: The management and control of the corporation shall be vested in a Board of Directors. The
number of directors constituting the Board of Directors shall be specified in the Bylaws of the Corporation but shall
be no less than three(3). During the Period of Declarant Control, Declarant may appoint, remove and replace from
time to time all the directors and officers of the corporation.
SIXTH: The name and address of the original incorporator is:
Merna Terry
7 Meridian Court
Kalispell, MT 59901
SEVENTH: The purpose of the corporation is to act as a residential homeowner's association for properties
known as Cottage Gardens Subdivision. The corporation, through its Board of Directors, shall have all powers
inherent in the operation of a homeowner's association as provided by the laws of the State of Montana.
EIGHTH: The members of the corporation shall be all the Owners of the Lots within, Cottage Gardens
Subdivision, as provided in the Declaration of Covenants, Conditions and Restrictions of Cottage Gardens
Subdivision, Flathead County, Montana, recorded in the records of Flathead County, Montana (the "Declaration").
Initially, Cottage Gardens Subdivision consists of the property described in said Declaration. The Declarant in the
Declaration may expand the membership of the corporation by annexing additional real property to Cottage
Gardens Subdivision, as provided in the Declaration.
NINTH: . After the period of Declarant Control as stated in the Declaration, there shall be one vote for
each Lot If a person or entity owns more than one Lot, that person or entity shall have as many votes as the
number of Lots owned by that person or entity. If more than one person or entity has an ownership interest in a
Page 1 of 3
single Lot, such persons or entities must decide among themselves how the vote for that Lot shall be cast. During
the Period of Declarant Control, the corporation shall be managed and run by the board of directors.
TENTH: These Articles of Incorporation may be amended by the members by two-thirds (2/3rds) of the
votes cast either at a meeting of members or by written ballot mailed to all members. During the Period of
declarant Control, any amendment shall also require the written consent of the Declarant.
ELEVENTH:
11.1 Subject to the consent required in section 11.2 and the further requirements stated in 11.3, the corporation
may be dissolved by the members by two-thirds (2/3rds) of the votes cast either at a meeting of members or by
written ballot mailed to all members. During the Period of Declarant Control, any amendment shall also require
the written consent of the Declarant. In the event of such dissolution, the assets of the corporation shall be
dedicated to an appropriate public agency or agencies or utility or utilities to be devoted to purposes as nearly as
practicable the same as those to which they were required to be devoted by the corporation. In the event that
such dedication is not accepted, such assets shall be granted, conveyed and assigned to any non-profit
corporation, association, trust or other organization to be devoted to the purposes as nearly as practicable, the
same as those to which they were required to be devoted by the corporation. If no such organization is available,
the assets shall be disposed of by the district court of the county in which the principal office of the corporation is
located for such purposes or related purposes or to such organization or organizations as the Court shall
determine. No such disposition of corporation property shall be effective to divest or diminish any right or title of
any member vested in him under the covenants and deeds applicable to Cottage Gardens Subdivision unless made
in accordance with the provisions of such covenants and deeds.
11.2 No dissolution may occur with out the written consent of the City of Kalispell.
11.3 Prior to any dissolution occurring the corporation must send notice of the existence of that the portion of the
Declaration of Covenants, Conditions, and Restrictions for Cottage Gardens (Section 3.6) for the subdivision which
provides for waiver of protest to any Special Improvement District should the City of Kalispell, Montana, through
its city council choose to adopt the same, to all members of the Corporation..
TWELFTH:
12.1. To the fullest extent permitted by applicable law, the corporation shall indemnify any director or
officer of the corporation who is made a party to any legal, regulatory or other proceeding because he or she is or
was a director or officer of the corporation.
12.2 No director or officer of the corporation shall be liable to the corporation or its members for any
actions taken or any failure to take any action, as a director or officer, except liability for:
(1) A breach of the director's or officer's duty of loyalty to the corporation;
(2) Acts or omissions not in good faith or that involve intentional misconduct or a knowing
violation of law;
3) A transaction from which the director or officer derived an improper personal economic
benefit; and
(4) A violation of MCA § 35-2-418, 35-2-435, or 35-2-436.
Page 2 of 3
THIRTEENTH: Any capitalized terms used herein shall have the same meaning as provided in the Declaration.
Richard DeJana, Esq., is authorized to file this document and complete the registration of this corporation with the
Montana Secretary of State and is the corporation and undersigned's attorney in fact for such purpose.
DATED this day of 2019
Merna Terry, Declarant
STATE OF MONTANA
County of Flathead
On this day of , 20 , before me, the undersigned, a Notary Public for the State
aforesaid, personally appeared Merna Terry known to me to be the person whose name is subscribed to the
within instrument, and acknowledged to me that she executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial seal the day and year first above
written.
Notary Public for the State of Montana
Residing at , Montana
My Commission expires
Page 3 of 3
M_ Montana Department of Transportation Michael T. Tooley, Director
Steve Bullock, Governor
Kalispell Area Office
85 Fifth Avenue East North
PO Box 7308
Kalispell, MT59904-0308
August 16, 2019
Joe Bushong
TD&H Engineering
450 Corporate Dr. Suite 101
Kalispell, MT 59901
Subject: Cottage Gardens Approach Permit
Please find enclosed the approach permit application with attachment for the access
located on Secondary 424 (Three Mile Drive) at reference post 1.5.
Please have the owner sign and date the permit application on the second page at the
bottom as indicated for permittee and initial the bottom of the supplemental attachment.
(Note all the locations to fill in/sign are highlighted.)
Please make a copy of the signed permit and the initialed supplemental attachment
for your files and return the originals to me. You can keep the copy of the enclosed
signed environmental checklist for your records, you do not have to return it.
If you have any questions, please feel free to contact me.
Sincerely,
lo� /,*f g'4-0
James M. Freyholtz, P.E.
Kalispell Area Traffic Engineer
(406) 751-2066
Enclosures:
copies:
An Equal Opportunity Employer
Phone: (406) 751 2000 T7Y: (800) 335-7592
Fax. (406) 752-5767 Web Page: www.mdt.mt.gov
2701 Prospect Avenue
State of Montana
Pa Box201001
ML");r
Helena, MT 59620-1001
Montana Department of Transportation
Phone:(406)444-7237
MDT-MAI-006 11/13
Pagel oft Driveway Approach Application and Permit
Fax (406) 444-0807
TTY.(406)444-7696
www mdt.rnt.aov
Print Farm
F.A. Route No: Milepost: Project: Approach Station:
C-424 (S-424) I FAS 5 157(1) 117+20 RT
District: County: Maint Section No:
Missoula I Flathead 1201
Drainage as determined by Department of Transportation
Type: as per plans Size: Length:
Sight Distance (feet): Right: 1,100 Left: 1,200
4444�n 8116 Ll
Wproach RecommendejVby Di nct Traff is Date Approa4h App ica ion ftproved by Dat
Engineer or Traffic & Safety Bureau Dist rict1Administrator or Designee
Access Control: C Yes (a- No
1 Access Controlis Yes: Date
Approach Recommended by Access Manager, RIW Bureau
(PROPERTYAPPLICANT
Name Phone\Fax Number
Bruce R. Wiederspiel c/o Apex 1, LLC (Cottage Gardens Subdivision) 406-892-1118
Address City State Zip Code E-mail
2783 Columbia Falls Stage Road Columbia Falls MT 5991 i chruce2@gmail.com
herein termed the applicant, requests permission to construct approach(es) described and shown on attached site plan or plan and profile and
hereby made a part of this application
Use of Property or Facility: Mulit-family Residence 37 lot single-family residential
An environmental checklist must be filled out, signed and attached in order for this application to be considered complete.
2701 Prospect Avenue
State of Montana PO Box201001
MD7* Helena, MT 59620-1001
Montana Department of Transportation Phone: (406) 444-7237
MDT-MAI-006 11 /13 Fax (406) 444-0807
Page 2of2 Driveway Approach Application and Permit TTY: (406) 444-7696
www.mdt.mt.gov
(INSTRUCTIONS CONCERNING USE OF THIS FORM)
Applicant will complete and deliver this form in duplicate to the OistrictAdministratorserving the area in which theApproach Permitis requested.
The District Administrator, in conjunction with the District Traffic Engineer, is delegated authority to approve curb cuts, public and private approaches serving businesses,
residences and agricultural uses in rural or urban areas without further consultation if the traffic conditions are not congested. In congested areas, usually urban situations,
the District Administrator and District Traffic Engineer can request the Traffic and Safety Engineer in Helena for additional technical assistance. If this is necessary, the
approach should be scaled onto existing plan and profile sheets showing the highway right-of-way and sent to Helena.
- APPROACH PERMIT -
Subject to the following terms and conditions, the permit applied for upon the reverse side hereof, is hereby granted:
i ) TERM. This permit shall be in full force and effect from the date hereof until revoked as herein provided.
2) REVOCATION. This permit may be revoked by State upon giving thirty 30 days notice to Permittee by ordinary mail, directed to the address shown in the
application hereto attached, but the State reserves the right to revoke this permit without giving said notice in the event Permittee breaks any of the conditions
or terms set forth herein.
3) COMMENCEMENT OF WORK. No work shall be commenced until Permittee notifies the Department of Transportation when work is proposed to commence.
4) CHANGES IN HIGHWAY, If the State changes the highway, or there are other changes to adjoining streets, alleys, etc., which necessitate alterations in structures
or installations installed under this permit, Permittee shall make the necessary alterations at Permittee's sole expense or in accordance with a separate
agreement.
5) STATE SAVED HARMLESS FROM CLAIMS. In accepting this permit the Permittee, its/his successors or assigns, agree to protect the State and save it harmless from
all claims, actions or damage of every kind and description which may accrue to, or be suffered by, any person or persons, corporations or property by reason of
the performance of any such work, character of materials used, or manner of installations, maintenance and operation, or by the improper occupancy of said
highway right of way, and in case any suitor action is brought against the State and arising out of, or by reason of, any of the above causes, the Permittee, its/his
successors or assigns, will upon notice to it/him of the commencement of such action, defend the same at its/his sole cost and expense and satisfy any judgment
which may be rendered against the State in any such suit or action.
6) PROTECTION OF TRAFFIC. Submit a traffic control plan for review and approval prior to any work being performed in MDT Right -of -Way. Traffic control must
meet current MUTCD and MDT standards and guidance. The approval shall in noway operate to relieve or discharge the Permittee from any ofthe obligations
assumed by acceptance of this permit, and especially those set forth under Section 6 thereof.
7) HIGHWAY DRAINAGE. If the work done under this permit interferes in anyway with the drainage of the State Highway affected, Permittee shall, at its/his own
expense, make such provisions as the State may direct to take care of said drainage.
8) RUBBISH AND DEBRIS. Permittee is responsible for debris that is carried onto the roadway by this construction with sweeping and cleaning done daily at
permittee's expense. Upon completion of work contemplated under this permit, all rubbish and debris shall be immediately removed and the roadway and the
roadside left in a neat and presentable condition satisfactory to the State.
9) WORK TO BE SUPERVISED BY STATE. All work contemplated under this permit shall be done under the supervision of and to the satisfaction ofthe authorized
representative of the State, and the State hereby reserves the right to order the change of location or removal of any structure or installation authorized by this
permit at any time, said changes or removal to be made at the sole expense ofthe permittee.
10) STATE'S RIGHT NOTTO BE INTERFERED WITH. All such changes, reconstructing or relocation shall be done by Permittee, in such a manner as will cause the least
interference with any ofthe State's work, and the State shall in no way be liable for any damage to the Permittee by reason of any such work by the State, its
agents, contractors or representatives, or by the exercise of any rights by the State upon the highways by the installations or structures placed under this permit.
11) REMOVAL OF INSTALLATIONS OR STRUCTURES. Unless waived by the State, upon termination of this permit, the Permittee shall remove the installations or
structures contemplated by this permit and restore the premises to the condition existing at the time of entering upon the same under this permit, reasonable
and ordinary wear and tear and damage by the elements, or by circumstances over which the Permittee has no control, excepted.
12) MAINTENANCE AT EXPENSE OF PERMITTEE. Permittee shall maintain, at its/his sole expense the installations and structures for which this permit is granted, in a
condition satisfactory to the State.
13) STATE NOT LIABLE FOR DAMAGE TO INSTALLATIONS. In accepting this permit the Permittee agrees that any damage or injury done to said installations or
structures by a contractor working for the State, or by any State employee engaged in construction, alteration, repair, maintenance or improvement ofthe State
Highway, shall be at the sole expense of the Permittee.
14) STATE TO BE REIMBURSED FOR REPAIRING ROADWAY. Upon being billed therefor Permittee agrees to promptly reimburse State for any expense incurred in
repairing surface or roadway due to settlement at installation, or for any other damage to roadway as a result of the work performed under this permit.
15) OTHER CONDITIONS AND/OR REMARKS.
a. All approach side slopes will preferably be constructed on 10 to 1 slope but not less than 6 to 1 slope, unless otherwise approved.
b. No private signs or devices etc., will be constructed or installed within the highway right -of --way limits.
C. This permit is valid only if approach construction is completed within specified months from date of issue. 6 Months
d. Prior to Starting work, for construction inspection and approval of completed approach contact Joel Hoerner 406-751-2023
e. ® See attached addendum
Dated at: Kalispell, MT Agreement Date
The undersigned, the "Permittee' mentioned in the aforegoing
instrument, hereby accepts this permit, together with all of the terms
and conditions set forth therein.
Signed by Permittee
To be filled in by Department of Transportation Personnel
Completed Approach Inspection By: Date
Title:
7/2019
Attachment for Cottage Gardens approach:
Sec. 424 MP 1.5 Sta. 106+94 RT
This attachment includes terms and conditions in addition to those listed on the back (page 2) of the approach permit form.
A. This permit is for a 3/4 movement access (no left ingress) to property which is being developed as a residential subdivision.
This has been reviewed and approved through MDT's System Impact Analysis Process. The new approach, removal of
existing approaches and associated improvements shall be as per the plans which were submitted and approved by MDT.
B. Prior to initiating any work within the MDT right-of-way submit a traffic control plan to MDT for approval.
C. Parking is not allowed on MDT right of way. Landscaping or beautification on right of way requires a separate
encroachment permit.
D. Any work performed prior to MDT review and approval is subject to removal if MDT design standards and/or guidelines are
not met.
E. If any change from the MDT approved plans is determined necessary at the time of construction the change must be approved
by MDT in writing prior to installation.
F. MDT design reviews are made to insure compatibility with existing facilities and design standards and guidelines. The
permittee is responsible for all survey and plan errors and/or omissions that impact the constructability or intended design
function of the project.
G. The permittee must obtain approvals from downstream Iandowners if their proposed facility impacts downstream properties
(easements, etc.) and provide documentation of appropriate coordination with affected landowners. If any aquatic resources,
such as streams, canals, wetlands, etc, will be impacted as a result of this project, the appropriate water quality permits must
be obtained from state, federal, tribal, and/or local agencies.
H. The permittee is solely responsible for any environmental impacts incurred as a result of this project and is solely responsible
for obtaining any necessary environmental permits, notifications, and /or any other necessary environmental clearances.
1. Prior to starting construction in the right of way please contact Joel Hoerner, Maintenance Section Supervisor, at
406-751-2023 in the Kalispell Area Office. For permit to be valid, all work must be completed and inspected with
approval signature.
Permittee Initial:
2701 Prospect Avenue
Montana Department of Transportation
MD7*Phone:
FO Box 201001
Helena, MT59620.1001
MDT-ENV-0W 0*17 Environmental Checklist
(406)444-7228
Fax (406) 444-7245
Page 1 of 2
TTY: (406) 44d.7596
Date Choose type of Environmental Checklist:
hAar 5, 2018 Approach Permit
•
Highway or Route: Milepost($): Name:
Yale
5.424 001-0,550 Keith Haskln% P.E.
filly Engineer
Physical Address; City: CompanylUti lty:
575 Three Mile Drive J Kalispell clty of Kalispel
Legal Description, County: Moiling Address,
Phone:
SW 1/4 SE.114 and BE 1/4 SW 1/4 Flathead 201 let Ave. E
(448) 756.7727
Township: Range: Sectfon(s): city: Slate: Zlpr
ausinass Phone:
28N 22W 2 Kalispell MT 59801
Montana Environmental Checklist Help Guide (cifek button to view) I Guide
ilmpact Questions Comment, Expl, endlor
Actions that quality for Catagarieal Exclusion under MEPA and/or NEPA (See ARM 182 261 and 23 CFR 771.117) fnfomtallon Source (Aftsoh
(See ARM 1ti.2.261 and 23 CFR 771.117) supporting Information, as
necessary.)
1 Will the proposed action Impact any known historical or archaeological site(s)?
f Yes re No
2 Will the proposed action impact any publldy owned parkland(s), recreation area(s), wildiire or waterfowl
r Yes r= No
reluge(s)?
a Will the proposed action impact prime farmlands? (if yes, attach a completed Farmland Conversion Impact
r Yes re No
Rating Ad-1006.)
4 a. Will the proposed actlon have an Impact an the human anvironmant that may result from reloastlona of
r Yes rr No
or
persona or businesses. changes In traffic patterns, changes In grade, ar alhertypes of changes?
b. Has the proposed action received any pralirninary or final approval from the local land use authority?
re Yes r No
6 For the proposed action, la there documented controversy an emrironmantal grounds? (For example, has
r• yes it No
the appk4nt recelvad a letter of petition from an environmental orgarIWDn?)
6 Will the proposed acdon require work in, across or adjacent to a listed or proposed wild or Scenfo fllver?
r Yes re No
7 Will the proposed action require work In a Class I Air Shed or,nonattainment area? +f
q Yes r No $e tt E •� r] t ( f
6 Will the proposed action impact air quality or Increase noise, even temporarly7
'9 a. Is the proposed action located within an M84 Area?
ice Yes t: No 't�/. { 4+v1 V, r ; f e y
to Yes r No F—, tit t -t 5 � I f
b. YVIIf the proposed action have poiendaf to atlect water quaRry, wetlands, streams or other water bodies? r- yes re No
If YES, an environment•ralated permit or authorUallon may be required,
10 Ara solid or hazardous wastes or petroleum products Ilkely to be enco irnered? (For example, project r Yes r: 140
occurs to or adjacent to Superfund sltas, known spill areas, understorage tars, or abandoned mfnes.)
11 e. Are there any listed or candidate threatened or endangered species, or cdtleal habllal In the viainly of r Yes r. No
the proposed action?
b. Witt the proposed action adversely affect listed or candidate threatened or endangered epodes, or r Yes r; No
adversely modify critled habitat?
12 Will the proposed action require an environmental•reiated permit or aulhorization? r yes r- No
11 the answer is "yes; please list the specific permits or authorizations.
13 Is the proposed action within designated sage grouse habitat (hltpsYlsagegrouse.mt govrproJecfis}, (If yes, r Yea (a No
a consultation letter Issued from the Montana Sage Grouse Habitat Conservation Program Is required.)
14 a, to the proposed action on or within approximately t mile of an Indan Reservation? ryes r: me
b. Il'Yes". will a Tribal Water Permit be required? r Yes r No to N/A
15 will the proposed action result in Increased traffic volumes, increased wall or delays an state highways, or r; Yes r No
have adverse impacts on other forms of transportation (rail, transit or air movements)?
MD7* 2701 Prospect 001
PO Box 201001
Montana Department of Transportation Helena, MT59620•1001
Phone: (406j "4-7226
MDT-ENV-006 EW17 Environmental Checklist Fax (406) 444-7245
Page 2 o12 TTY: (4001 444-7696
r
is the proposed action pert of a project that may require other governmental permits, licenses or C., Yes f No
'16 easements? If 'Yee, describe the full extent of the project and any other permits, licenses or easements
that may be necessary for the applicant to acquire, See attached project description for more Infoimat(on.
17 Atach a brief description of the work to be performed, including any subsurface work
19 Attach representative photos of the shale) where the proposed action would be implemented. Photos are
to include any structures, streams, Irrigallon canals, and/or potential weltands In the Project area,
119 Attach map(s) showing the tacation(s) of the proposed eetton(s); Section, Township, Rango; highway or
route number and approximate route posf(s),
®
Description Attached
®
Photos Attached
®
Maps Attached
Cheoidist preperer: Title: Date
Janessa Courtney Civil Engineer O Mar 5.20t9
Sig ure
Reviewed for completeness by: 2T
,AMT District Representative Two ._._ _,.. pate
Checkllgt Approved b
iL
i.
En onmental cos Bureau Me D�
(iN n any of 1 rns 1 through 16 are checked "Yee")
napon arming Title pate
ere any of t e items 15 or 16 are checked 'Yes*)
Checklist Conditions and Required Approvals
A. The applicant is not authorized to proeeed with the proposed work until the checkllst has been reviewed and approved, as necessary. and any requested
conditions of approval have been Incorporated.
8. Complete the checklist items 1 through 16, indleating'Yes" or'No' for each item. include comments, explanations, information sources, and a description of
the magnitudalimporlance of potentlal impacts in the right hand column. Attach additional and supporting information as needed. Ensure that Information
required for Items 17. 16, and 19, fa attached. The checklist praparer, by signing, certifies the accuracy of the Information provided.
C. It "Yea' is indicated on any of the Items, the Applicant must explain the impacts as aWIcable. Appropriate mitigation measures that will betaken to avoid,
minimize, and/or mitigate adverse impacts must also be described. Any proposed miI>Batlon measures vdil become a condition of approval. Use
attachments if necessary. If the applicant checks 'No' and the District concludes Thera may in fact be potential impacts, the Environmental Checklist must be
forwarded to Transportation Planning for review and approval.
D. lf'YeC is indicated In Item 11 a. (threatened or endangered "des), the Applicant should provide Information naming the particular species and the
expected Icomtion, distribution and habitat use in the proposed action area, Le. within the immediate area of the proposed action; or, in the general area on
occasion (seasonally passes through) but does not nest, den or occupy the area for more than a few days.
E. It the applicant checks "Yes" for any item, the approach permit, occupancy agreement or permit, along with the checklist and supporting Information, including
the Applicanra mitigation prapasel, documentation, evaluation and/or permits must be submitted to Transportation Planning. Electronic formal Is preferred,
F. When the applicant checks "Yes' to any hem, the Applaam cannot be authorized to proceed with the proposed work until the MDT Environmental Servlees
Bureau and/or Transportation Planning, as appropriate, reviews the Information and signs the checklist.
G. Applicant must o4larn OJI necessary permits of authorkallonz from other entities with jurisdallon pelor to beginning the proposed aeffion or activity. The
Applicant is solely responsible for any environmental impacts incurred as a result of the project; obtaining any necessary environmental permits. notificatlore,
and/or clearances; and ensuring compPanoe with environmental taws and regulations.
0 Montana Department of Transportation
PO Box 201001
Helena, MT 59620-1007
ViSiON ZERO
zero deaths
zero serious injuries
Memorandum
To: lames Freyholtz— Kalispell Area Traffic Engineer
From: Jim Skinner —Chief
Policy, Program & Performance Analysis Bureau
Date: July 10, 2019
Subject: Cottage Gardens Subdivision --Kalispell-3 Mile Dr (U-6706) RP 1.450 to 1.632
Driveway Approach
The appropriate MDT staff has reviewed the Driveway Approach Application and Permit, Environmental
Checklist, and supporting documentation for the encroachment into MDT right-of-way on 3 Mile Dr (U-
6706) at Reference Post (RP) RP 1.450 to 1.632 in Kalispell. The Developer will be closing three
approaches and installing one new approach.
Environmental Services has made changes and has the following comments and conditions:
• The response to question 7 was changed to "Yes" as this project occurs within the Kalispell PM-
10 Non -attainment area. Permittee assumes all responsibility to comply with all applicable rules
in regulations associated with work inside a Non -attainment area.
« The response to Question 8 was changed "Yes" due to operation of construction equipment. No
long-term air quality or noise impacts are anticipated, and no additional analysis is necessary.
• The response to question 9 Is correctly marked "Yes" indicating that this project is within the
City of Kalispell MS4. The applicant should.be directed to contact the City of Kalispell, Public
Works Director, 201 15t Ave East, Kalispell MT 59901, phone 406-758-7720 prior to construction
to determine if additional requirements are in place for construction storm water discharges
that would affect this project.
• Approval is contingent upon the applicant complying with all applicable environmental
laws. The applicant is solely responsible for any environmental impacts incurred as a result of
this project and is solely responsible for obtaining any necessary environmental permits,
notifications, and/or any other necessary environmental clearances.
1 have attached standard additional conditions you may include. I am returning the packet toyou for
the completion of the processing and issuance of the permit at your discretion.
If there are any questions concerning the attached conditions, please contact Jean Riley at 444-9456 or
mail at'riiey.@mt eov.
PJ Sorensen
From:
Freyholtz, James <jfreyholtz@mt.gov>
Sent:
Tuesday, September 1, 2020 9:54 AM
To:
Doug Peppmeier; Doug Kauffman; PJ Sorensen; chruce2@gmail.com
Cc:
Oliver, Dennis; Hoerner, Joel
Subject:
[EXTERNAL] Cottage Gardens Approach
This email is to notify you that the approach for the Cottage Gardens subdivision, located on Three Mile Drive (Sec. 424)
at milepost 1.5, has been reviewed by MDT and determined to be completed as per the approach permit requirements.
Feel free to contact me if you have any questions.
James Freyholtz, P.E.
Kalispell Area Traffic Engineer
Montana Department of Transportation (MDT)
(406) 751-2066
Form 273 (Rev. 09122/03)
(file name 273-03.doc)
310 PERMIT
CONSERVATION DISTRICT'S DECISION
DECISION DATE: gh 7
Notice: THIS AUTHORIZATION DOES NOT GIVE PERMISSION TO CARRY OUT A PROJECT ON LAND THAT IS NOT OWNED BY
THE HOLDER OF THIS PERMIT. Landowner permission, easements or other federal, state, or local permits, licenses, special use
permits, or authorizations may be required before construction of the project. It is the duty of the holder of this permit to
determine which are necessary and obtain them prior to construction of the project.
Landowner Name/Address: Apex 1 LLC, 10 E. Roanoke Street, Suite 8, Seattle, WA 98102
Applicant Name/Address: Unique Realty Developer, Inc., Bruce R. Wiederspiel, 2783 Columbia Fails Stage Road,
Columbia Falls, MT 59911
Perennial Stream: Bowser Spring Creek Section: 2 Township: 28 Range: 22
ors' Decision (check) Explanation:
I K ] Approved
❑ Approved With Modifications
❑ Denied
❑ Not A Project
See Attached (if more room is necessary)
❑ Check here if 15-day waiting period has been
waived
Work may begin on or after:�(/1 �l
2z �2D
Permit Expiration Date: 4�
Date Transmitted to Applicant & DFWP: 09/1
Supervisors' Signatures
TO BE COMPLETED BY THE APPLICANT
Check the appropriate box, sign and return a cop X to the district office within 15 days of receipt of this permit.
❑ I agree to proceed with the project in accordance with the approved application and specifications outlined in this
permit and will allow a follow-up inspection.
❑ 1 disagree with the terms of this permit and I will seek judicial review in district court within 15 days of receipt of this
permit. (This box may only be checked if you did not sign an arbitration agreement when you submitted your
application.)
❑ 1 disagree with the terms of this permit and hereby request arbitration. I agree to abide by the arbitration agreement
attached to or on the reverse of this form — OR, if an arbitration agreement was signed when the permit application
was submitted, I will abide that agreement.
Signature of Applicant: Date:
FLATHEAD CONSERVATION DISTRICT
133 interstate Lane, Kalispell, MT 59901 Phone: 406-752-4220 Fax: 406-752-4077 www.flatheadcd.org
310-PERMIT APPLICATION #FL2019010, Bowser Spring Creek, Apex 1 LLC
Flathead Conservation District
133 Interstate Lane, Kalispell, MT 59901
_ = Phone: 406-752-4220 Fax: 406-752-4077
Website: www.flatheadcd.org
310-PERMIT ATTACHMENT
MONTANA NSLPA 310 PERMIT: #FL2019010, Bowser Spring Creek, Apex 1 LLC
Legal Description: S2 T28 R22
Landowner: Apex 1 LLC,10 E. Roanoke Street, Suite 8, Seattle, WA 98102
Applicant: Unique Realty Developer Inc., Bruce R. Wiederspiel
2783 Columbia Falls Stage, Columbia Falls, MT 59912
Contractor/Agent: TD&H Engineering, Doug Peppmeier
450 Corporate Drive, Suite 101, Kalispell, MT 59901
Stream: Bowser Spring Creek
Decision Date: 4/22/2019
Approved Project: asphalt access path/road, detention pond, site trail
Permit Expiration Date: 4/22/2020
WORK MAY BEGIN ON OR AFTER:5/6/2019
(Note: If date listed, this date is 15-days after the decision is made. Day 1 is date of decision) only if
the "310 PERMIT CONSERVATION DISTRICT'S DECISION" form has been signed by the
applicant/landowner & returned to the Flathead CD within 15 days of receipt of the permit. Failure
to return the form will automatically VOID the permit without further warning.
SPECIFICATIONS & STANDARDS
Work is to be completed as outlined in the application, in addition to the following points:
1. The asphalt material on the access path/road that is proposed in the plans is outside of the
Adopted Rules of the Flathead CD (Ch.2, B, 2.a.), but under the circumstances it will be
approved at this time because of the upcoming state road development at the site. The
asphalt access path/road is a requirement by the City of Kalispell and its impacts are
concentrated along the Three Mile Drive right -of --way.
2. Future work in the stream or on the streambanks will require an additional 310-permit.
• All work must be completed in as expeditious a manner as possible and must take place
during low flow periods.
• Work must be conducted to minimize impact on the stream and immediate vicinity, with
use of machinery in stream only when absolutely necessary. To prevent leaks of petroleum
products into the waterway, defective equipment must not be operated in areas capable of
contributing surface flows to the waterway.
• Any excess material generated from a project must be disposed of out of the flood plain and
not in an area classified as a wetland.
310-Permit #FL2019010, Bowser Spring Creek, Apex 1 LLC
PERMITTEE'S RISK
The permittee is hereby notified that any financial outlay or work invested in a project
pursuant to this authorization is at the permittee's risk. The issuance of this authorization
does not reduce the permittee's liability for damage caused by development of the authorized
project. Nor does the conservation district in issuing this authorization in any way
acknowledge liability for damage caused by the permittee's development of the authorized
project.
OTHER NECESSARY PERMITS
The FCD Board of Supervisors advises that the issuance of a 310-permit does not relieve the
parties involved from securing other necessary permits which are listed in the application form.
erdell Jackson Supervisor
cc: Montana Fish, Wildlife and Parks, Kalispell
Landowner & TD&H
ORIGINAL to: Applicant
310-Permit #FL2019010, Bowser Spring Creek, Apex 1 LLC
310-Permit Work Completion Form
310-Permit Information
MONTANA NSLPA 310 PERMIT: #FL2019010, Bowser Spring Creek, Apex 1 LLC
Legal Description: S2 T28 R22
Landowner: Apex 1 LLC, 10 E. Roanoke Street, Suite 8, Seattle, WA 98102
Applicant: Unique Realty Developer Inc., Attn: Bruce R. Wiederspiel
2783 Columbia Falls Stage, Columbia Falls, MT 59912
Contractor/Agent: TD&H Engineering, Attn: Doug Peppmeier
450 Corporate Drive, Suite 101, Kalispell, MT 59901
Stream: Bowser Spring Creek
Decision Date: 4/22/2019
Approved Project: asphalt access path/road, detention pond, site trail
Permit Expiration Date: 4/22/2020
Requirements
The Applicant/Landowner is required to return this form to the Flathead Conservation
District when work is completed or the permit expires.
• Include pre and post photos of the project.
Date work completed
Note: If work not completed, provide explanation below.
Explanation
Contact Information (Required for Follow -Up Inspection)
Name
Address
Phone/Cell #
Email
Flathead Conservation District
133 Interstate Lane, Kalispell, MT 59901, Phone: 406-752-4220, Fax 406-752-4077 Gh7si�
Website: www.flatheadcd.org
g
Rev.5/2017
310-Permit #FL2019010, Bowser Spring Creek, Apex 1 LLC
318 AUTHORIZATION REVIEW
I have reviewed the above project on behalf of the Montana Department of Environmental
uali Epursuant to the Montana Water OualityAct Short-term Water ualit
Standards for Turbid& 75-5-318 MCA:
X This project will not increase turbidity if completed according to the conditions listed in
the 310 or 124 permit. Therefore, application to DEQ for a 318 authorization is not
required.
0 Impacts to the physical and biological environment from turbidity generated as a result of
this project are uncertain. Therefore, the applicant must contact the Montana Department
of Environmental Quality, 1520 East Sixth Avenue, Box 200901, Helena, MT 59620-
0901, (406 444-3080) to determine project specific narrative conditions required to meet
short-term water quality standards and protect aquatic biota,
0 Turbidity generated from this project is expected to be short-term and have only
temporary and minor impacts on the physical and biological environment. Therefore,
compliance with the conditions stated in DEQ's Short Term Water Quality Standard for
Turbidity Related to Construction Activity, as well as other conditions listed in the 310
or 124 permit, are appropriate for this project.
DFWP Representative's Signature// - Date ��� / 17
310 Permit Application #FL2019-010
FCD 2017