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Ordinance 1518 - Zoning/PUD - Aspen Creek SubdivisionIII NI II1 �111111IIII PageUi of S bs Fees. /v Paula Robinson, Flathead County MT by NC 4/13J2009 9:16 :16 AM ORDINANCE NO.1518 i� N ORDINANCE TO AMEND SECTION 27.02.010, OFFICIAL ZONING MAP, CITY OF KALISPELL ZONING ORDINANCE, (ORDINANCE NO.1460), BY ZONING CERTAIN REAL PROPERTY AS MORE PARTICULARLY DESCRIBED ON EXHIBIT "A", LOCATED IN SECTION 11, TOWNSHIP 28 NORTH, RANGE 22 WEST, P.M.M. FLATHEAD COUNTY, MONTANA (PREVIOUSLY ZONED COUNTY AG-80, AGRICULTURAL) TO CITY R-2 (SINGLE FAMILY RESIDENTIAL), WITH A PLANNED UNIT DEVELOPMENT OVERLAY IN ACCORDANCE WITH THE KALISPELL GROWTH POLICY 2020, AND TO PROVIDE AN EFFECTIVE DATE. t� WHEREAS, Douglas Johnson, the owner of the property described above, petitioned the City of Kalispell that the zoning classification attached to the above described tract of land be zoned R-2, Single Family Residential with a Planned Unit Development overlay on approximately 20 acres of land, and WHEREAS, the property is located on the south side of Three Mile Drive and west of Stillwater Road, and WHEREAS, the petition of Douglas Johnson was the subject of a report compiled by the Tri-City Planning Office, Staff Report #KA-04-14 / KPUD-04-6, in which the Tri-City Planning Office evaluated the petition and recommended that the property as described above be zoned R-2, Single Family Residential with a Planned Unit Development overlay as requested by the petition, and WHEREAS, after considering all the evidence submitted on the proposal to zone the property as described R-2, Single Family Residential with a Planned Unit Development overlay, the City Council finds such initial zoning to be consistent with the Kalispell Growth Policy 2020 and adopts, based upon the criterion set forth in Section 76-3-608, M.C.A., and State, Etc. v. Board of County Commissioners, Etc. 590 P2d 602, the findings of fact of TCPO as set forth in Staff Report No. KA-04-14 / KPUD-04-6. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF KALISPELL, AS FOLLOWS: SECTION I. Section 27.02.010, of the Official Zoning Map of the Kalispell Zoning Ordinance, (Ordinance No. 1460) is hereby amended by designating the property described above as R-2, Single Family Residential with a Planned Unit Development overlay on approximately 20 acres. SECTION II. The Planned Unit Development proposed by Douglas Johnson upon the real property described in Exhibit "A", attached hereto, incorporated herein, and thereby made a part hereof, is hereby approved, subject to the following conditions: 1. That the development of the site shall be in substantial compliance with the application submitted, the site plan, materials and other specifications as well as any additional conditions associated with the PUD as approved by the city council. (Kalispell Subdivision Regulations, Appendix C — Final Plat) IIIII I II I I III I II I II i III III I II III II II I II I I II I I II III III IN Page: 2 o f 5 Page: 2 of 5 Fees:$55.00 Paula Robinson, Flathead County MT by NC 4/13/2009 9:16 AM 2. That the proposed deviation from zoning setbacks from 10 feet on the sides to five feet on the sides be applied to Lots 1 A / 1 B through Lots 1 OA / 1 OB. Lots 37A /37B shall have a five foot setback from the west boundary and a 15 foot setback for the primary structure and a 20 foot setback for the garage for the property that fronts the street. Lots I / I through l0A / IOB shall be allowed a 40 percent lot coverage rather than the 35 percent required in the R-2 zoning district. 3. That the development of lots in the PUD shall be subject to architectural review as outlined in the application and supporting materials and a letter be submitted to the Kalispell Site Development Review Committee from the Architectural Review Committee of the homeowners association prior to the issuance of a building permit. 4. That permits be obtained from the Flathead Conservation District, Montana Department of Natural Resources and the Montana Department of Environmental Quality for any work or activity along the Spring Creek Channel or a letter from those agencies stating that the scope of work does not require permitting. 5. That the plans and specifications for all public infrastructure be designed and installed in accordance with the Kalispell Design and Construction Standards and a letter shall be obtained stating that they have been reviewed and approved by the Kalispell Public Works Department. (Kalispell Subdivision Regulations, Chapter 3, Design Standards, Section 3.01). 6. That an easement shall be obtained from the adjoining property owner to the west granting the right to develop the proposed 60 foot right-of-way for road and utility purposes and once completed dedication to the City of Kalispell as a public roadway. (Kalispell Subdivision Regulations, Section 3.08 (A)). That a minimum 20-foot buffer strip shall be established between Three Mile Drive and the subdivision that would include a bike and pedestrian trail and buffering in the form of berming or landscaping or both. These improvements are to be coordinated with the Kalispell Public Works Department, Parks and Recreation Department, Flathead County Road Department and Montana Department of Transportation. 8. The following requirements shall be met per the Kalispell Fire Department: Kalispell Subdivision Regulations, Section 3.20). a. Water mains designed to provide minimum fire flows shall be installed per City specifications at approved locations. Minimum fire flows shall be in accordance with Uniform Fire Code (1997) Appendix III -A. b. Fire hydrants shall be provided per City specifications at locations approved by this department, prior to combustible construction. Additional design information shall be submitted for approval by this department. c. Fire Department access shall be provided in accordance with Uniform Fire Code (1997) Article 9. d. Secondary emergency access shall be addressed during project phasing as required by this department. e. Emergency vehicle access to the existing 3 structures is indicated via an existing wooden bridge. More information is required related to the adequacy of the bridge structure to support fire apparatus. f. Due to project phasing it should be noted that hazardous weed abatement shall be provided in accordance with City of Kalispell Ordinance 10-8. 2 IIII II III II II IIIIIIIIIIIIIIIIIIIIIIII IIIIIIIIIIIIIIIIII III IIII I IIII Page: 3 of 5 65 Fees: $55.00 Paula Robinson, Flathead County MT by NC 4/13/2009 9:16 AM 9. That a letter be obtained from the Kalispell Parks and Recreation Director approving a landscape plan for the placement of trees and landscaping materials within the five foot landscape boulevard developed between the curb and the sidewalk. (Kalispell Subdivision Regulations, Section 3.11). 10. That the area designated on the plat as "park" shall meet the requirements for parkland dedication and shall be developed in accordance with a plan approved by the Kalispell Parks and Recreation Director that provides recreational amenities including but not limited to pedestrian access, irrigation, landscaping and play equipment so as to provide a recreational component within the development and not simply left as passive open space. (Kalispell Subdivision Regulations, Section 3.19). 11. That a provision be made for a future 60 foot right of way easement within the subdivision that would allow for the extension of the proposed roadway to provide future access to adjoining properties to the west in the area of Lots 18 and 19. (Kalispell Subdivision Regulations, Section. 3.04). 12. That a detailed floodplain study be completed and accepted by FEMA determining the base flood elevation for the floodplain area within the subdivision. No lots that are within 100 feet of the 100 year floodplain as currently indicated on the FIRM panels shall be platted prior to the completion and acceptance of the study area. The base flood elevation as determined as accepted by FEMA shall be indicated on the final plat. 13. That a letter be obtained from the Montana Department of Transportation and Flathead County Road Department stating that the proposed accesses onto Three Mile Drive (Farm to Market Road) have been reviewed and approved and any associated and necessary improvements have been satisfactorily completed. (MDOT) 14. The roads within the subdivision shall be named and signed in accordance with the policies of the Kalispell Public Works Department and the Uniform Traffic Control Devices Manual and be subject to review and approval of the Kalispell Fire Department. A letter shall be obtained from the Kalispell Public Works Department stating the naming and addressing on the final plat have been reviewed and approved (Kalispell Subdivision Regulations, Section 3.09). 15. All existing and proposed easements shall be indicated on the face of the final plat. Utility easements for City water and sewer shall be provided to allow for the logical extension of utilities from this subdivision to adjoining properties. A letter from the Kalispell Public Works Department shall be obtained stating that the requirement easements are being shown on the final plat. 16. The developer shall provide a letter from the U.S. Postal Service approving the plan for mail service. (Kalispell Subdivision Regulations, Section 3.22). 17. Street lighting shall be located within the subdivision and shall be shielded so that it does not intrude unnecessarily onto adjoining properties. (Kalispell Subdivision Regulations Section 3.09(L)). 18. All utilities shall be installed underground. (Kalispell Subdivision Regulations, Section 3.17). 3 III�IIIIIIIIII IIIIIIIIIIII�IIIIIIIIIIIIIIIIIIIIIIIIII�IIIIIIII��IIII�IIIIIIIIlIIIII�II Page: 4 of 5 0� Fees: $55.00 Paula Robinson, Flathead County MT by NC 4/13/2009 9:16 AM 19. That a minimum of two-thirds of the necessary infrastructure for this subdivision shall be completed prior to final plat submittal. 20. All areas disturbed during development of the subdivision shall be re -vegetated with a weed - free mix immediately after development. 21. That the developer correct the covenants to the setbacks to five feet on the sides be applied to Lots I / I through Lots 1 OA / IOB. Lots 37A /37B shall have a five foot setback from the west boundary and a 15 foot setback for the primary structure and 20 foot setback for the garage for the property that fronts the street. 22. That there also be a 20 foot rear setback on the southern tier of lots for all structures and this language be included in the covenants. 23. That the southerly 10 foot landscape buffer be landscaped with vegetation not to exceed six feet in height. 24. A note be placed on the face of the final plat that waives protest to the creation of a special improvement district (SID) for the upgrade of roads in the area to City standards which may be impacted by this subdivision. 25. That a development agreement be drafted by the Kalispell City Attorney between the City of Kalispell and the developer outlining and formalizing the terms, conditions and provisions of approval. The final plan as approved, together with the conditions and restrictions imposed, shall constitute the Planned Unit Development (PUD) zoning for the site. 26. That preliminary plat approval for the first phase of the planned unit development shall be valid for a period of three years from the date of approval with an automatic two year extension as each phase of the subdivision plat has been completed and filed. (Kalispell Subdivision Regulations, Section 2.04). SECTION III. The balance of Section 27.02.010, Official Zoning Map, City of Kalispell Zoning Ordinance not amended hereby shall remain in full force and effect. SECTION IV. This Ordinance shall take effect from and after 30 days of its passage by the City Council. PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF THE CITY OF KALISPELL, MONTANA, THIS 20TH DAY OF DECEMBER, 2004. Pamela $. Kennedy Mayor ATTEST: Theresa White m O 'A1NA a' City Clerk �o 3 2 I IIIIIIII II II I II(Illil lllll lllll lllll lllll lull lull ll(IIII(IIIIIi lull lll(II I III IIII II(I Page: 5 of 5 65 Fees. $55.00 Paula Robinson, Flathead County MT by NC 4/13/2009 9:16 AM MC HIBIT A DOUGLAS JOHNSON / ASPEN CREEK SUBDIVISION / PTjD LEGAL DESCRIPTION Tract 1 of Certificate of Survey No. 15941 in Section I I Township 28 North, Range 22 West, P.M.M., Flathead County, Montana. P . y PLANNED UNIT DEVELOPMENT AGREEMENT ASPEN CREEK ESTATES — PHASES I and 2 04 sq��3 (Formerly known as Bowser Creek Estates) �h e?Dolo��!/ �cjlQ t THIS AGREEMENT, made as of the 30th day of August, 2006, by Kalispell Bowser Creek Associates, LLC, a Montana limited liability company, of 121 Spear Street, Suite 250, San Francisco, CA 94105 (hereinafter "KBCA"), and the City of Kalispell, a municipal corporation, of 312 1s` Avenue East, Kalispell, Montana 59901 (hereinafter "CITY"); WITNESSETH (� WHEREAS, KBCA is the fee owner of certain real property located in Kalispell, Flathead (� County, Montana, which is further described in Exhibit A attached hereto and is hereinafter referred to as "Subject Property"; and Q WHEREAS (i) KBCA desires to have the Subject Property rezoned from County R-2 Suburban Residential to a City R-2 (Single Family Residential) with a Planned Unit Development overlay (PUD), developed pursuant to said zoning change; (ii) a predecessor in interest to KBCA filed a PUD Application containing (a) a Zone Change Application, (b) a PUD Narrative Supplement with Exhibits, (c) a Perimeter Legal Description, (d) a Title Report, (e) a Covenant Conditions and Restrictions (CC&R'S's) covering the Subject Property, and (f) Large Map Exhibits; and WHEREAS, in order to allow the PUD, assure the installation of infrastructure improvements within the Subject Property, and prescribe the permitted uses within the subject property, the parties hereto determine it to be in their interests to enter into this Development �) Agreement. I. GENERAL INTRODUCTION § 1.01 General The use and development of the Subject Property shall substantial) conform to and comply with P J p Y Y pY the provisions of the PUD Application, dated May 5, 2004, Ordinance 1504 — PUD Approval and the conditions contained within Kalispell City Resolution No. 4906 conditionally approving the rt preliminary plat of the Bowser Creek Estates PUD (now known as Aspen Creek Estates) and incorporated fully herein by this reference. § 1.02 Relationship to Zoning Ordinance Except as specifically modified or superseded by the Development Agreement and the annexed drawings, and the PUD Application, dated May 5, 2004, the laws, rules and regulations of the City of Kalispell governing the use and development of land and buildings, including the City of Kalispell Zoning Ordinance, shall apply to the Subject Property. 1 i § 1.03 Drawings The drawings attached to this Planned Unit Development Agreement as Exhibit B — Final Plat for Aspen Creek Subdivision -Phase 1 and Exhibit C — Preliminary Plat of Bowser Creek Estates showing the portion now known as Aspen Creek Subdivision -Phase 2, are an integral and essential component thereof, and they are incorporated by reference herein. § 1.04 Effectiveness and Cancellation The provisions of this Planned Development Agreement shall become effective immediately and shall terminate upon the issuance of a building permit(s) for development of the last improvement on the Subject Property. However, this Agreement shall continue to be in effect as a zoning overlay for the subject property subject to the terms of this Agreement. This Development Agreement may be modified or amended only as set forth below. § 1.05 Certification Procedure Whenever in this Planned Unit Development Agreement a certificate by the Director of Public Works is required to be given, such certificate shall be given within thirty (30) days of the receipt of a completed application. Such an application shall be deemed to be complete upon receipt of such drawings and narrative information as are reasonably necessary for the issuance of such certification. II. PARCEL DESCRIPTION §2.01 The Subject Property shall be developed with the infrastructure improvements set forth below. III. CONDITIONS OF DEVELOPMENT §3.01 The parties agree to the following conditions of development: 1. 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 PUD as approved by the city council. 2. The CC&R's for the subdivision shall reflect the components of this subdivision and submitted for review and approval by the Kalispell Site Development Review Committee that includes architectural standards for both the residential and commercial components of the project, a provision for the conservation and maintenance of common areas and the private internal roadways that are proposed for the townhouses. Setbacks for the townhouses accessed via an interior street shall be measured from the edge of the roadway and shall be 20 feet in the front and rear and five feet on the sides with the exception of the zero lot line required to achieve the townhouse configuration. The CC&R's shall also create a provision for architectural review prior to the application and issuance of a building permit from the City of Kalispell. 2 3. The commercial component of the subdivision shall not be developed until the residents have occupied a minimum of 50 percent of the subdivision. Additionally, the architecture shall be of a generally residential character with particular attention given to internal access, low-level lighting, adequate landscaping, unobtrusive signage and limited hours of evening operation. The commercial component may contain one or more parcels but may not exceed one acre in size. 4. The development of lots in the PUD shall be subject to architectural review as outlined in the application and supporting materials and a letter be submitted to the Kalispell Site Development Review Committee from the Architectural Review Committee of the homeowners association prior to the issuance of a building permit. 5. Permits shall be obtained from the Flathead Conservation District, Montana Department of Natural Resources and the Montana Department of Environmental Quality for work done along the Spring Creek Channel or a letter from those agencies stating that the scope of work does not require permitting. 6. The plans and specifications for all public infrastructures shall be designed and installed in accordance with the Kalispell Design and Construction Standards and the Kalispell Subdivision Regulations. A letter shall be obtained stating that they have been reviewed and approved by the Kalispell Public Works Department. 7. An easement shall be obtained from the adjoining property owner to the east granting the right to develop the proposed 60-foot right-of-way for road and utility purposes and once completed dedicated to the City of Kalispell as a public roadway. 8. A minimum 20-foot buffer strip shall be established between Three Mile Drive and the subdivision that would include a bike and pedestrian trail and buffering in the form of berming or landscaping or both. These improvements are to be coordinated with the Kalispell Public Works Department, Parks and Recreation Department, Flathead County Road Department and Montana Department of Transportation. MDOT shall determine other impacts on Three Mile Drive resulting from this development and the property owner shall comply with all requirements of the Department to mitigate such impacts. 9. The following requirements shall be met per the Kalispell Fire Department: a. Water mains designed to provide minimum fire flows shall be installed per City specifications at approved locations. Minimum fire flows shall be in accordance with Uniform Fire Code (1997) Appendix III -A. b. Fire hydrants shall be provided per City specifications at locations approved by this department, prior to combustible construction. C. Fire Department access shall be provided in accordance with Uniform Fire Code (1997) Article 9. d. Secondary emergency vehicle access shall be provided at Phase 2 meet the requirements of the Subdivision Regulations (Section 3.08) and emergency vehicle access needs. e. Due to project phasing, hazardous weed abatement will be required in accordance with City of Kalispell Ordinance 10-8. 3 elk 10. A letter shall be obtained from the City of Kalispell Parks and Recreation Director approving a landscape plan for the placement of trees and landscaping materials within the five-foot landscape boulevard development between the curb and the sidewalk. 11. The area designated on the plat as "park" shall meet the requirements for parkland dedication and shall be developed in accordance with a plan approved by the Kalispell Parks and Recreation Director that provides recreational amenities including but not limited to pedestrian access, irrigation, landscaping and play equipment so as to provide a recreational component within the development and not simply left as passive open space. 12. A provision shall be made for right-of-ways within the development that will allow for the extension of the proposed roadway so that they will provide future access to adjoining properties to the east. 13. A detailed floodplain study shall be completed and accepted by FEMA determining the base flood elevation for the floodplain area within the subdivision. No lots that are within 100 feet of the 100-year floodplain as currently indicated on the FIRM panels shall be platted prior to the completion and acceptance of the study area. 14. A floodplain development permit shall be obtained from the City of Kalispell after the FEMA study has been completed and accepted for the proposed creek crossing. 15. Structures shall be setback a minimum of 20 feet from the established vegetation line of the creek if these areas are determined to be outside the 100 year floodplan. 16. Lots 14A and B, 15A and B, 16A and B (as shown on the Preliminary Plat) shall be reconfigured to accommodate single-family dwellings. 17. A letter shall be obtained from the Montana Department of Transportation and Flathead County Road Department stating that the proposed accesses onto Three Mile Drive (Farm to Market Road) have been reviewed and approved and any associated and necessary improvements have been satisfactorily completed. 18. A 60-foot right-of-way reservation shall be noted on the final plat in the area of lots 40 and 41 to provide ingress and egress to the adjoining parcel to the west and to avoid the potential for an additional future access onto Three Mile Drive. 19. The roads within the subdivision shall be named and signed in accordance with the policies of the Kalispell Public Works Department and the Uniform Traffic Control Devices Manual and be subject to review and approval of the Kalispell Fire Department. 20. The developer shall provide a letter from the U.S. Postal Service approving the plan for mail service. 21. Street lighting shall be located within the subdivision and shall be shielded so that it does not intrude unnecessarily onto adjoining properties. .19 I 22. All utilities shall be installed underground. 23. A landscape buffer consisting of a coniferous vegetative screen that height of six feet within three years of planting shall be established on the southern boundary of the development Lots 65-73 as shown on the Preliminary Plat. 24. Setbacks for the townhouses will be established at five feet between the property boundary and the eave of the building while the setbacks for the single family homes will be established at ten feet between the property boundary and the eave of the building. 25. A minimum of two-thirds of the necessary infrastructure for this subdivision shall be completed prior to final plat submittal. 26. All areas disturbed during development of the subdivision shall be re -vegetated with a weed -free mix immediately after development. 27. The preliminary plat approval for the first phase of the planned unit development shall be valid for a period of three years from the date of approval with an automatic two-year extension as each phase of the subdivision plat has been completed and filed. 28. The landowner shall execute and submit to the City of Kalispell a waiver of right to protest the implementation of a SID for roadway improvements that benefit the property. This waiver shall be disclosed upon the face of the final plat and shall run with the land. IV. AMENDMENT OR MODIFICATIONS OF DEVELOPMENT AGREEMENT § 4.01 This Development Agreement may be amended or modified only, by application of the owner, in accordance with the procedures set forth herein. 1. Application for amendment or modification may be made to the City of Kalispell Site Review Committee by any fee owner or ground lessee of the Subject Property. For purposes of this Article, "fee owner" shall not include the owner of an individual unit owned in whole or in part pursuant to the Unit Ownership Act — Condominiums, Title 70, Chapter 23 Montana Code Annotated (or any successor statutes). 2. Modifications of this Development Agreement which are determined by the Site Review Committee to be minor modifications shall require only the consent of the Site Review Committee, and shall not require the consent or approval of the City Council or any other public agency. 3. All amendments and modifications to this Development Agreement other than minor modifications shall require the approval of the City Council of the City of Kalispell. 4. All applications for modification or amendment of this Development Agreement shall be filed with the Site Review Committee and the Site Review Committee shall promptly determine whether the modification is minor or major. 5 I10 5. The Site Review Committee shall make its determination with respect to any application for a minor modification subject to this Section within fifteen (15) days after it determines the application to be subject to said minor modification. 6. If the amendment or modification requested is of such a nature as to require approval of the City Council, the Site Review Committee shall refer the matter to the City Council within fifteen (15) days after it determines the matter requires Council review. 7. The owner may appeal any decision of the Site Review Committee to the City Council, who may affirm, reverse or modify the Site Review Committee decision. V. CONSTRUCTION PHASING §5.01 General Requirements 1. No building permit in respect to any building shall be issued by the Building Department until: A) The Zoning Administrator has certified to the Building Department that proposed building(s) substantially conform to the requirements set forth above. B) The Director of Public Works has certified to the Building Department that the infrastructure improvements and roads required as shown on the drawings submitted by the developer substantially conform to the conditions contained in this Agreement and that said improvements have been constructed or security guaranteeing the construction has been received by this City. For purposes of this Section, the "Security" required shall be in an amount equal to 125% of the developer's Licensed Engineer's estimate of the cost of constructing said improvements. The estimate is subject to review and acceptance by the Director of Public Works based upon the reasonableness of the estimate. VI. SEQUENCING § 6.01 General 1. The phases and their associated portions of the Common Area are intended to be as stand-alone developments within the Subject Property. The sequencing of infrastructure improvements must conform to the requirements set forth above. 2. The infrastructure improvements associated with the phases located on the Subject Parcel shall be substantially completed by July 6, 2007 or two years thereafter as an extension for each phase of the subdivision as each has been completed and filed. If said infrastructure improvements, required within the respective phases of the Subject Parcel, are not completed within three years plus the automatic extension time, the Council shall redesignate the undeveloped portion of the Subject Property in accordance with the City of Kalispell Zoning Ordinance. 0 114v10 VII. MISCELLANEOUS §7.01 Effective Date This Agreement shall be effective immediately and shall remain in full force and effect until all phases within the Subject Property are developed or July 6, 2007 or two years thereafter as an extension for each phase of the subdivision as each has been completed and filed, whichever occurs last. However, this Agreement shall continue to be in effect as a zoning overlay for the subject property. §7.02 Severability In the event that any provisions of this Declaration shall be deemed, decreed, adjudged or determined to be invalid or unlawful by a court of competent jurisdiction, such provision shall be severable and the remainder of this Agreement shall continue to be of full force and effect. §7.03 Recordation This Agreement shall be recorded along with the CC&R's with respect to the Subject property. §7.04 Entire Agreement — Primacy This Agreement constitutes the entire agreement between the parties and may only be amended as set forth herein. In the event, during the term of this Agreement, there is a variance between the provisions of this Agreement and the CC&R's, this Agreement shall take precedence. §7.05 Binding Effect This Agreement shall be binding upon and inure to the benefit of the respective parties heirs, successors and assigns. Dated this 30h day of August, 2006. KALISPELL BOWSER CREEK ASSOCIATES, LLC, CITY OF KALISPELL a Montana limited liability company By: VPI, Inc., a California corporation, B r f its manager Ja s H. Patrick, City Manager By:. Debra L. Perry, Vice Presi By: Charles Harbail, ityAttorne� 7 STATE OF CALIFORNIA COUNTY OF SAN FRANCISCO On 1 3 t before me, '`��` � e,2" a Notary Public in and for said County and State, personally appeared P&arc. 4. P— , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. 7�2 --- - `�� Sig otary DONA GOMEZ Commission # 1468442 z- Notary Public - California ®. San Francisco County My Comm. Expires Feb 8, 2008 (For notary seal or stamp) STATE OF MONTANA ss County of Flathead On this 30th day of August, 2006, before me, a Notary Public in and for the State of Montana, personally appeared James H. Patrick and Charles A. Harball known to me to be the persons whose names are subscribed to the foregoing instrument, and acknowledged to me that they executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal, the day and year first above written. Notary Public, State of Montana Residing at KV My Commission expires ' y EXHIBIT A Legal Description Phase 1 A tract of land located in the Northeast quarter of the Northeast quarter of Section 11, Township 28 North, Range 22 West, Principal Meridian, Montana, Flathead County, Montana, being more particularly described as follows: Commencing at the Northeast corner of the Northeast quarter of the Northeast quarter of Section 11, Township 28 North, Range 22 West, Principal Meridian, Montana; thence SO4°54'29"W along the East line of said quarter, quarter section, 59.94 feet to the Northeast corner of Tract 2 of Certificate of Survey No. 15888, records of Flathead county, and the POINT -OF -BEGINNING; thence SO4°52'27"W along the East boundary of said tract, 1127.29 feet to the Southeast corner of said tract; thence S89°30'56"W along the South boundary of said tract, 474.71 feet; thence N35°33'34"E 49.44 feet; thence N34°31'43"E 69.52 feet; thence N55°02'35"W 108.46 feet; thence N34°57'25"E 22.50 feet; thence N15°28'07"W 51.93 feet; thence N55°02'35"W 78.92 feet; thence northerly along a non - tangent curve, concave to the West, having a radius of 180.00 feet, a central angle of 09°02'23", a chord bearing of NO1°31'09"W and a chord distance of 28.37 feet, an arc length of 28.40 feet; thence N06002'20"W 272.97 feet; thence S77°50'25"W 60.36 feet; thence Northwesterly along a non -tangent curve, concave to the Southwest, having a radius of 100.00 feet, a central angle of 52°13'05", a chord bearing of N33°00'20"W and a chord distance of 88.02 feet, an arc length of 91.14 feet; thence N59006'52"W 43.10 feet; thence northwesterly along a tangent curve, concave to the Northeast, having a radius of 170.00 feet and a central angle of 30°29'38", an arc length of 90.48 feet; thence N87026'32"W 177.89 feet to a point on the westerly boundary of said Tract 2; thence N56°42'16"E along said boundary, 64.06 feet; thence NO2°47'58"E along said boundary, 375.21 feet to the Northwest corner of said tract; thence N89°54'57"E along the North boundary of said tract, 475.22 feet; thence S05°50'17"E along said boundary, 12.03 feet; thence S89°58'39"E along said boundary, 521.62 feet to the POINT -OF -BEGINNING, containing 19.227 acres. Phase 2 A tract of land located in the Northeast quarter of the Northeast quarter of Section 11, Township 28 North, Range 22 West, Principal Meridian, Montana, Flathead County, Montana, being more particularly described as follows: Commencing at the Southwest corner of Tract 2 of Certificate of Survey No. 15888, records of Flathead County, and the POINT -OF -BEGINNING; thence N02050'18"E along the West boundary of said tract, 426.98 feet; thence NO2°47'58"E along said boundary, 317.12 feet to the approximate thread of a creek; thence along said thread the following eleven (11) courses: N75°49'14"E 48.91 feet; N22055'03"E 26.82 feet; N63°08'45"E 45.05 feet; S25°12'47"E 25.96 feet; S43°17'37"E 16.90 feet; S79037'50"E 54.16 feet; S10°47'38"E 31.22 feet; S53021'49"E 7.99 feet; N41026'44"E 11.50 feet; N75037'48"E 24.96 feet; S67°18'30"E 23.50 feet; thence leaving said thread N56°42'16"E 19.05 feet; thence S87°26'32"E 177.89 feet; thence southeasterly along a non -tangent curve, concave to the Northeast, having a radius of 170.00 feet, a central angle of 30°29'38", a chord bearing of S43°52'03"E EXHIBIT A Page 1 of 2 and a chord distance of 89.41 feet, an are length of 90.48 feet; thence S59°06'52"E 43.10 feet; thence southeasterly along a tangent curve, concave to the Southwest, having a radius of 100.00 feet and a central angle of 52°13'05", an arc length of 91.14 feet; thence N77°50'25"E 60.36 feet; thence S06002'20"E 272.97 feet; thence southerly along a tangent curve, concave to the West, having a radius of 180.00 feet and a central angle of 09°02'23", an are length of 28.40 feet; thence S55°02'35"E 78.92 feet; thence S15°28'07"E 51.93 feet; thence S34°57'25"W 22.50 feet; thence S55°02'35"E 108.46 feet; thence S34°31'43"W 69.52 feet; thence S35°33'34"W 49.44 feet to a point on the South boundary of said Tract 2; thence S89°30'56"W along said boundary, 791.75 feet to the POINT -OF -BEGINNING, containing 11.540 acres. EXHIBIT A Page 2 of 2 200(3251 'q31 EXHIBIT B Final Plat Drawing — Phase 1 (2 pages attached hereto) r. I OWNER: KALLSPELL BOWSER CREEK ASSOCIATES, LLC, A MONTANA LIMITED LIABILITY COMPANY BY: THOMAS, DEAN AND HOSKINS, INC. 31 THREE MILE DRIVE SUITE #101 KALLSPELL, MT. 59901 PHONE: (406) 751-5246 DATE: JUNE, 2006 TRACT 1 C.O.S. 15888 t- In "S THREAD OF CREEK Q E F o i O �J L10 471 (g wA PLAT OF ASPEN CREEK SUBDIVISION- PHASE 1 LOCATED IN THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 11, TOWNSHIP 28 NORTH, RANGE 22 WEST, P.M.,M., FLATHEAD COUNTY, MONTANA. ,( N89'56'35'W 2616.99' !_ -------------------------------- TY H R E E M I L E D R I V E N89"54'57"E 475.22' �-5/8" REW 130.t 1 60.08 11932 N 165.66' 113-� �- 589'58'39"E 521.62' �` �5/e" RE7?AR CP•O.a PHASE 1) PRNATE ROAD k BItU1Y ' I 1 4"z4' CONC - . - . _ _ _ _ _ _ w.oY EASEUENT (C.OS i5888) I 1 R/W LL4t1KER IM 45.OZ' 45A2' 1 1 40 m m IcorvctA1J RECREATIONAL AREA - - ap ^Ace - (COA9AtERC1AU •�, W .490 AC. - 10�' ^ ^ ©,• n l a .500 AC. i 8i .498 AC. i o z `� m e m O P $ _ 30' 30' Id 110 H I 6 y7 gOM1 -45.00'--45A0'- 8].56' � I,- - 1 79.8< 40y4• 22A�e j iI ,�S ty84-a] 47 >8434 � w'r $�c O � ��• fi x�7y34622'f l U%` 65'1Y c. 100.78�' S88'25'412 132.86'-lJ 229N2290A 188 In„gz IIgwW AC. I J It TRACT 1 ----S8T26'32"E-___J :',$(� _✓`'O��21B 9�' ti V-m 7W t03 o V) IG C.O.S. 1 6 3 4 1 HOMEOWNERS PARK NO. 1 `] `' ""W s682s<, E 4.{6' W S U u I 'libROAD RESERVATION KN 2.510 AC. 208.175128.82' L26 �� a a 18A /I ry 1 U 589'49'49"E L19 p . m sarz6.321= -� tp yc tib 23A�,s' .173 AC. h - 2�11- 21A41•;38 233 AC.2158. 33U.6r-�J !n SBT26'32'E H y yy J 9 a $• 2` tP M1h f \J .192 1,C. V OSS h24Br u SS9'49'i9'E ��aO try .155 AC. 42 565 to' g 1 111.10 1P C22 - _ _ � 41.86'7 � 129.28' � 1- .148 AC. JJ� > 4, f lz6 I 'm' W i 37 h 0 60 1D3y`y1 \S b ^ 4/ i 17 ;/ 10 Q S8726'32'E 1 I .181 AC. J "jl h �• f 9b. $' '1' _ ( 0 u 'b' 26A 24A \ i° orv% 66 Ac. g 1 0 1 125 R S y}y C .195 AC. 1v .178 AC. 1\ i \ 85.ai' C)-18 \ \ \ 104 ,y}'it f� 101 / 4. P 0�' " -1 J`CJf' 't� / O ti c 'f6, • ry I tto I - TRACT 2 134 .205 AC. 585roras 171.89 \ \ $• J °J. P / / C.O.S. 16341 \ � 1 135 G- \ 2� f g'-pr/ �a� .4. L2] it2.60' N8T2632 W LIFT STATION .211 AC. � , ] t• �j 1 so, / f 102 Gb � 1$ .225 AC. -1 .235 AC. / /3 118g W l32 ( S o \ \ \ \ .`L ar• O CJ , ,(// 142 Sc>' �878'57 - />•?>• i/ /� 15o.s 4 t+7T2sE tfi6. 1 A ' % 14*S.>l• e //� .258 AC. I J .227 i N 1fA-57 33 Q4"E N7T50'25"E (�66.12 \ + S80'3{•28� % 14z2r /l c, Ld 9A46 N 1 150 27 �' U 1 120.6t' / Gon \ m 4 '\ y 57T�25 c .214 AC, 13 \4i .305 AC. 295 1 o u .177 AC. o\ 1 r1 w. 134 1 y, 1 N7 t\2.39 \ a � \ N76•a050 \ \ p34 \ 28 JN$ '.1\\". J1 .186 AC. o\e \.�. .1622AC. u N 287 1 -�7 \ u 1 In 1172}�O7'f. L37J\ :+\\ 745136-� .313 AC. N 29 t/2REBNi N \ L38 i .171 AC. \\ \ .156 AC. '\ �, ti y0- 6 �� BY 9250 S ^' � .391 AC. mm ab'1a00 Qi1J. SJa,. 750 Hb7�W'\ �� \ 9g• \ 10 \ 30 .174 AC. @' a•;'+. 10/ ,J . i 608AC. L PHASE 2 (NOT A PART) .� 27t L 11.540 AC. \ 8 �j •�t_Oy �� es.ae• .163 AC. 31 J9.55/ HOMEOWNERS = \ J z4D � PARKNO.2 \P 198AC. 2.149 AC. '" ' \M1 \ i i `'o. 8 /% ti JB `.207 AC..� / ssbz 91. \ d�}\' •y ',;, \ 232 y`' 7 32 .275 AC. 7ia s .203 AC. \ $mJ. 9ry 224 _ ` 255 33 \ .195 AC. 247 op IQ .179 AC. ///�� 4 Ca0 St15pT ` 0 '---SSS2'-- .P o. 35 36 AC. .214 .184 AC. Al 2}1 z 223 .Mh GJ REwx+OER S89'30'56-W 791.75 =yn 310.30' 78.48' 85.93' 589'30'S6'W 474.71' -� L0732 WEST VIEW DRIVE LOT 33 HOMEOWNERS LOT 38 T VVO M I L E T R A C T S P H AI S E 2 PARK TRACT 3 C.O.S. 16340 TRACT 2 C.O.S. 16341 BASIS OF BEARINGS+ C.O.S. NO. 15888 NOTE - LOT ACREAGES SHOWN ARE NET AREAS. FOR GROSS AREAS REFER TO TABLE ON SHEET 2 LEGEND AND. 1/2" REBAR W/CAP MARKED "SANDS 7975 S", OR AS NOTED a FND. 5/8" REBAR W/CAP MARKED 'DOYLE 2516 S" 0 SET 5/8" REBAR W/CAP MARKED "9525 LS" ® SECTION CORNER- FOUND BRASS CAP e QUARTER CORNER- 1/2" REBAR (RECORD) SUBJECT BOUNDARY TOWNHOUSE ACCESS & UTILITY EASEMENT - - - - - - - - - - UTILITY EASEMENT- 5' INSIDE, AND PARALLEL TO PROPERTY UNE, UNLESS OTHERWISE NOTED - . - . - . - 20' BIKE & PEDESTRIAN STRIP - SECTION LINE I O 60' 120' ( I 1 I 180' S C A L E LINE TABLE LINE i BEARING I DISTANCE Li N7549'14"E 1 48.91' L2 N2T55'03"E 1 26.82' L3 1 N63'08'45E 1 45.05' L4 S25.12'47E 25.96' L5 S43'17'37E 16.90' L5 S7T37'50"E 54.15' L7 I S10'47'38"E 1 31.22' L8 I S53-21.49"E 1 7.99' L9 I N41'26'44E 1 1150' 110 I N7537'48"E 1 24.96' LII I S67'78'30'E 1 23.50' 112 I N5642'16"E 1 19.05' L13 SOS'SO'17'E 1203' L14 115 N58'51'20'E I N5651'20"E 15.50' 27.21' L16 I S3T20.2.3 W 30.37' 117 I S0540'06'W 24.87' LIS I S19'45'13'E 3.76' L19 I S79'45'13"E 5.00' L20 I S2TO9'59"E 1 31.83' L21 N53'46'28"E 1 37.89' L22 SDT19'S91Y 27.28' L23 N33-24.46-E 3653- L24 N3524'46-E 1 12-37' L25 516'43'16'W 32.50' L26 SW52'27'W 3.70' L27 S21'23'04'W 15.99' L28 S3TI I'i 8'W 70.02' L29 53T1 V18-W 24.60, L30 S2,V41'16'W 48.55' L31 S24'41'16'W 53.13' L32 S37'11'18"W 14.74' 1-33 S24'41'161Y 42.23' L34 53T 11'18'W 60.16' L35 51642'04"E 30.68' L36 51642'O4"E 76.25' L37 SIY44'55"E 9.19' L38 S3647'41"E 32.59' L39 53647'41'E C78' L40 S36-47.41"E 37,37' L41 5W48'30"E 64.10' L42 53P48'30"E 32.28' L43 S30'48'30"E 31.82, L44 S3629'43"E 18.51' L46 52C41'16'Yi 46.81' L47 543'15'S6"E 10.52' L48 N34'S7'25"E 22.50' L49 569'S8'39'E Zr CURVE TABLE CURVE I LENGTH I RADIUS I DELTA I CHORD CHORD BEARING Cl 1 6.13' 1 270.00' 1 1'18'06" 1 6.13' 1 NO3'27'01"E C2 1 60.72' 1 270.00' 1 12-53'03" 1 60M' I NI o'32'35"E Cl 2.44 270.00' 0'31'04" 2.44' N1 r14'39"E C4 3327' 330.00' 1 5'46'37" 1 33.26' 1 N05-41.17-E CS 1 20.32' 1 330.00' 1 3'31'42" 1 2032' 1 N1 U20'27'E C6 1 31.09' 1 330.00' 1 5.23'53" 1 31.08' 1 N14'48'14"E C7 1 6.03' 1 110.00' 1 3.08'1 a- 1 6.02' 1 S1556'02-W C8 1 9.10' 1 170.00' 1 3'04'02" 1 9.10' 1 S15'58'10-W C9 1 63.38' 1 170.OD' 21-21.41" 1 63.01' 1 SOX45.18-W CIO 1 82.58' 1 110.DD' 4500'52" 1 80.66' 1 S07'08'33-E CII 1 64.37' 1 170.00' 21'41'42" 1 63.99' 1 S1 7r46'23"E C72 58.49' 110.00' 3027.53" 57.80' S43'52'56"E C73 SKI 170.OD' 30'29'38" 1 89.41' 1 N43'52'03'W C14 1 91.14' 1 100.00' 1 5T13'05' I 88.02' I N33'00'20'W C15 1 79.40' 1 160.00' 1 2625.58" 1 78.59' 1 N44'53.53"W C16 39.69' 200.00' 11-22.17" 39.63' N7T69'17"E C17 76.95 140.00' 31*29'37" 1 75.99' N6705'37"E CIB 1 18.95' 1 140.00' 1 7-45.18" 1 18.93' 1 N42'28'09"E 1161 34,1 200.00' 9'50'S3" 3433' N43'30'57"E C20 52.93' 200.00' I 1509'50' 1 S278' I S461D'26'V! C21 40.30' i40.W' 1629.29" 1 40.16' 1 S46-50.15W C22 1 97.11' 1 140.00' 3944'28" 1 95.17' 1 S74'57'13W C23 1 90.38' 1 200.00' 25*53-31' 1 89.61' 1 S6642'06'1Y C24 52,98' 200.00' 1 15*10'35" 1 5182' 1 S87*14'10''N C25 1 4030' 1 70.00' 3T58'S6" 39.74' 1 N21'21'55"E C26 1 44.30' 1 30.00' 1 19'31'21" 1 44.08' 1 S2605'42W C27 1 60.81' 1 230.00' 1 15'08'52" 1 60.63' 1 S2S79'21"E Cl2 21.94' 230.00' S'27.51" 21.93' S3337'43"E C29 52.68' 170.00' 1 17 45'22' 1 52.47' I S24'37'36'E C30 1 8.47' 1 170.00' 1 2'51'22" 1 8.47' 1 S3V55'58'E C31 1 10.06' 1 370.00' 1 1.33*27" 1 10.W. N3534'56'W C32 1 22.24' 1 43D.DO' 1 T57'46" 1 22.23' 1 N34-52.46-W C33 13.02' 430.00' 1•4 OF- 13.02' N3T31.50"V/ C34 20.28' 370.00' 1 3*08*25" 1 20.28' 1 N33.14'00'W G35 1 9.87' 1 150.-0' 1 X32y0^ 1 087' 1 S33'25'52"E C36 1 69.61' 1 160.OD' 24'55'3a. 69.06' S4r39'47"E C37 42.67' 100.00- 24'26'47" 1 4234' 1 S43'53'11'E C38 1 50.64 11 Do- 29-00'58' 1 50.10' 1 S7P37'04'E C39 39.30' 160.00' 1 14'04'25" 1 39.20' 1 S6T09'48"E C40 30.51' 160.00' 10'55'33" 30.46' S79'39.4TE C41 44.24' S5.00' 46-G454" 43.05' 1 S66-37.03-W 742 6S47004" 58.12' S11'41'041W E43 54.45' S5.00' 5643.23" 52.25' S4634'I WE C44 94.26' S5.00' 9511'41" 83.14' N53-58.18"E C46 28.40' 780.00' 09'02'23" 28.37' N01'31'D9'V/ SHEET 1 OF 2 „ ws� OWNER: KALISPELL BOWSER CREEK ASSOCIATES, LLC, A MONTANA LIMITED LIABILITY COMPANY BY: THOMAS, DEAN AND HOSKINS, INC. 31 THREE MILE DRIVE SUITE #101 KALISPELL MT. 59WI PHONE: (406) 751-5246 DATE: JUNE, 2006 CERTIFICATE OF CONSENT I (we), the undersigned property owner(s), do hereby certify that I (we) have caused to be surveyed and platted into lots, streets. Parks and Recrecthonai area as shown by the plot and certificate of survey hereunto the following described tract of land, to wit: A tract of land located in the Northeast quarter of the Northeast quarter of Section 11, Township 28 North. Range 22 West, Principal Meridian, Montano. Flathead County, Montana, being more particulorfy described as follows: Commencing at the Northeast corner of the Northeast quarter of the Northeast quarter of Section 11, Township 28 North, Range 22 West, Principal Meridian, Montana: thence S0454'29Y1 along the East fine of said quarter. quarter section, 59.94 feet to the Northeast comer of Tract 2 of Certificate of Survey No. 15888. records of Flathead county, and the POINT -OF -BEGINNING: thence SO4'52'27 W along the East boundary of said tract. 1127.29 feet to the Southeast corner of said tract. thence S8730'56'W along the South boundary of said tract. 474.71 feet; thence N35'33'34"E 49.44 feet; thence N34'31'43E 69.52 feet; thence N55'02'35`W 108.46 feet; thence N3457'25'E 22.50 feet: theme N15'28'07'W 51.93 feet; thence N55'02'35'W 78.92 feet; thence northerly along a non-longent curve, concave to the West, having a radius of 180.00 feet, a central angle of 09'02'23 a chord bearing of NOt'31'09'W and o chard distance of 28.37 feet, an on: length of 28.40 feet: thence N0602'20'W 272.97 feet: thence S7750'25'W 60.36 feet; thence Northwesterly along a non -tangent curve, concave to the Southwest, a having a rous of 100.00 feet, a centr f air . of 52'13'05', a chord bearing of N3S00'2O'W and a chord distonce of 88.02 feet, on arc length of 91.14 feet; thence N59'O6'52"W 43.10 feet; thence northwesterly along a tangent curve• concave to the Northeast• having a radius of 170.DO feet and o central =gle of 30'29'38% on arc length of 90.48 feet; thence N87'26'32W 177.89 feet to a point on the westerly boundary of said Tract 2; thence N5642'16'E along said boundary, 64.06 feet: thence NOZ47.58-E a" sad boundary, 375.21 feet to the Northwest comer of said tract; thence N89'54'57"E along the North boundary of said tract. 475.22 feet; thence S05750'17'E along said boundary, 12.03 feet: thence S89'58'39"E along said boundary, 521.62 feet to the POINT -OF -BEGINNING, contoinin 19.227 acres. The above described tract of land is designated and to be known as Plat of Aspen Creek Subdivision- Phase 1, located in the Northeast quarter of the Northeast quarter of Section 11. Township 28 North, Range 22 West, Pr'uhcipal Meridian, Montano, Flathead County, Montano, and oil the land included in the streets ant rood reservation is hereby dedicated to the City of Kalispell far road and utility purposes. PUT OF ASPEN CREEK SUBDIVISION- PHASE 1 LOCATM N TM NORTWASTOUMTM • TM NOffrWASTOUMTM CF _ •; •WNSW 28 ?J0FnK PLANW2' WEST, P.M.A FUn*-#M COUWY, MCWAN& A tract of land located in the Northeast quarter of the Northeast quarter of Section 11, Township 28 North, Ronge 22 West, Principal Meridian, Montana, flathead County, Montana, being more particularly described as follows: Commencing at the Southwest comer of Tract 2 of Certificate of Survey No. 15888, records of Flathead county, and the POINT -OF -BEGINNING; thence NO2'50'18"E along the West boundary of said tract. 426.98 feet; thence NOZ47'58"E along said boundary, 317.12 feet to the approximate thread of a creek: thence along said thread the following eleven (I1) courses: N75'49'14"E 48.91 feet: N2255'03"E 26.82 feet: N63'08'45"E 45.05 feet: S25'12'47E 25.96 feet; S4Yl7'37"E 16.90 feet: S79'37'50'E 54.16 feet; S10'47'38'E 31.22 feet: S53'21'49'E 7.99 feet; N41'26'44'E 11.50 feet; N75'37'48'E 24.96 feet: 56718'30'E 23.50 feet; thence leaving said thread N5642'16"E 19.05 feet: thence S8726'32E 177.89 feet: thence southeasterly along a non-tongent curve, concave to the Northeast, having o radius of 170.00 feet, a central angle of 30'29'38', a chord bearing of S43'52'03"E and a chord distance of 89.41 feet, on orc length of 90.48 feet; thence S59'06'52'E 43.10 feet; thence southeasterly along a tangent curve, concove to the Southwest, having a radius of 100.00 feet and a central angle of 5Z13'05". on orc length of 91.14 feet: thence N77*50'25"E 60.36 feet; thence SO602'20'E 272.97 feet; thence southerly along a tongent curve, concave to the West. having a radius of 180.DO feet and a central angle of 09'02'23', en arc length of 28.40 feet; thence S5602'35"E 78.92 feet; thence S1528'07"E 51.93 feet: thence S34.57'25"W 22.50 feet: thence S5602'35'E 108.46 feet; thence S34'31'43'W 69.52 feet; thence S3533'34'W 49.4-4 feet to a point on the South boundary of said Tract 2: thence S89'30'56"W along said boundary, 791.75 feet to the POINT-DF-BEGINNING. containing 11.540 acres. DIMENSIONS FOR TOWNHOUSE 19B 19A ! ACCESS & UTILITY EASEMENTS • �•-_------- lbn cat------- 22A 228 20A w 1� 18B E 8 I218 ' \Y 20B C 18A 21A\ 1\ / 23A I� L--- 25B \ 238 • .p24B A $ 24A > LIE TABLE CURVE TABLE 28 LINE BEARING DISTANCE CURVE ILMTHI RADIUS I DELTA I CHORD CHORD BEARING \ L49 NSS51'S7"E 22.DO' C48 14.55- 140.D0' 1 5-57.15' 14.54' N49'19'26E \ ,� i7 v i� ► I ISO N5S51'57'E 2200' C49 \/`\\ 4�s�• $'v s � N 12.140.00' 459'79" 12..079 LN53'51'57E tC5.01' 20.00' S26'26' 12 t52 NL5S51S7E o.0C51 13.76' 1 20O.00' 1'' N5547S0521''OO79i'EY S56'30" 13.76' S55'43'35'Y' 52 `fG. 'e \ / 1 L54 N5S52'75'E 1292, \\ 200 "S.'�• q LS5 N5S23'47"E 22.00' i56 NSW23'47"E 22.00' L57 N2732'23'W 25.58' ` L58 S6S02'2D1r 13.09' O 50' 7 00' 150' \\ _ L59 N23'Q'07'w 22*-4 L60 N3657'12 W 19.58' L61 SW25'41'E 22,00' S C A L E L62 S8S25'41'E 22.00' L63 5852V41'E 8.74' L64 S88Z5'47'E 10.00' L65 S8610'33'E 13.28' L66 SaViW33'E 12.02' OF J 71 ROFICMMON IN S • •fit;y Kalispell Bowser Creek Associates, LLC (Owner) hereby waives any and oil right to protest which it may have in regards to ony attempt to be made by the City of Kotispell, to initiate a Special Improvement District for update of roads in the area, to City standards, which ore impacted by this subdivision; provided however that Kalispell Bowser Creek Associates. LLC understands that (he/she/it/they) retains the ability to object to the amount of assessment imposed as a result of the formation of a Special Improvement District, Kalispell Bowser Creek Associates, LLC agrees that this covenant shall run to, with and be bindng on the title of the real property described above, and shalt be binding on the heirs, assigns. successors in interest, purchasers, and any and off subsequent holders or owners of the real property shown on the plot of Aspen Creek Subdivision- Phase 1. NET/GROSS AREAL TABLE LOT a NU AREA PARK AREA AECFEATi)H/LL AAE/', 4314088 AREA SO. Fr. ACRES SO. Fr. SO. FT. S0. R. ACRES 1 8498 0.1951 3845 404 12747 02926 2 9833 iO2257 4449 467 14749 033M 3 11256 0.2534 5093 5W 16384 OM76 4 13271 0.3047 6004 631 19906 0.4570 5 13640 0.3131 6171 648 20460 0.4697 6 17028 0.39D9 7704 810 25542 0.5864 7 11959 0.2745 5411 569 17938 0.4118 8 9011 0.2069 4077 428 13516 03103 9 7092 0.1628 3209 337 10638 02442 10 6987 10.1604 3161 332 10480 02406 11 68D6 0.1562 3079 324 10209 0.23a4 12 79t3 O. 1817 3581 376 11672 0.2726 13 7719 0.1772 3492 367 11578 02658 14 9879 0.2268 4470 47D 14818 02402 15 10245 0.2352 4635 487 15367 0352E 16 8939 0.2052 4044 425 13408 03078 17 7312 0.1679 3308 348 TOM 0.2518 18A 8948 0.2054 404E 425 13422 0.3081 Ise 9159 02103 41N 435 13738 03154 19A 3499 0.0803 15M 166 5248 O.t205 198 3"1 0.0791 1558 164 5166 0A 186 20A 9423 10.1934 3511 400 12634 02900 200 7521 10.1727 3403 358 11251 OM90 21A 7801 OA791 3529 371 f1701 0.2686 218 6420 0.1474 2905 305 9630 02211 22A 3654 0.0539 1653 174 5481 0.1258 228 3615 0.0630 1636 172 5422 0.1245 234 5624 O.t29t 2544 267 8436 0.1937 238 81376 T1923 3790 398 12564 0.2864 2" 7825 0.1796 3540 372 11737 02695 248 6755 0.1551 3056 321 10132 0.2326 25A 3420 0.0785 1547 163 5130 0.1178 258 3420 0.0785 1547 163 5t30 10.1178 26A 7455 0.1711 3373 354 11182 10.2%7 268 9208 0.2114 4166 438 13812 03171 27 9337 0.2143 4224 4" 14005 03215 28 8092 0.1856 3661 365 12i38 0.2786 29 745a 0.17t2 3374 355 11187 02368 30 7589 0.1742 3434 361 113M 0,2613 31 8627 0.1980 3903 4f0 12940 02977 39ii 0 13257 _ ____ 33 8507 0.1953 3M9 404 12760 9.2929 34 7786 OA787 3523 370 11679 1 0.268/ 35 9302 0.2135 4209 1 -2 139S3 03203 36 7996 0.1a36 3618 380 11994 0.2753 37 78% 0.1813 3572 375 1IS" 0.2719 38 10146 0.2329 4590 482 i5219 0.3494 39 21781 0.5000 98S4 1035 32671 0.7500 40 21674 0A276 9806 1030 32510 0.7453 41 7466 0.1714 3378 355 11199 0.2571 42 6439 0.1478 2913 305 9658 02217 43 7734 0.1775 3499 368 11601 0260 TOTAL 448612 10-99 202967 21327 fi72906 15.44a The undersigned hereby certifies that aO pork and recreational areas on this plot ore not subject to sonilary review persuont to ARM 17.36.605(2)(e), which exempts 'a Parcel that has no existing facilities for water supply, wastewater disposal, and solid waste disposal, if no new facilities Will be constructed on the pomel." 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 for the construction, maintenance, repair and removal of their fines and other facilities, in, over, under, and across each area designated on this plat as Utility Easement and streets to have and to hold forever. KALISPELL DOWSER CREEK ASSOCIATES. LLC, A MONTANA LIMITED LL481LITY COMPANY BY: VPI. INC., A CALIFORNIA CORPORATION, ITS MANAGER By: State of ) County of ) ss. On this day of _ 200_ before me, the undersigned, a Notary far the State of personofy appeared known to me to be the person(s) whose nome(s) is(om) subscribed to this instrument, and acknowledged to me that they executed the same. Notary Public far the Stott of Residing of My Co.-.. on expires PHASE 1 AREA TOTALS LOTS 10.299 AC. ROADS 3.779 AC. PARK AREAS 4.659 AC. RECREATIONAL AREA 0.490 AC. TOTAL 19.227 AC This Plat has been examined by the office of the City Attorney according to Section 76-3-612(2). M.CA relying upon title report No. _, and approved based on information submitted by the developer and/or his agent. Office of the City Attorney Kalispell, Montano Dated:_ ---- -- By._ The City Council of Kalispell, Montana does hereby certify that it has examined this subdivision plot and having found the some to conform to low, approves it, and hereby accepts the dedication to public use of any and all lands shown on this plot as being dedicated to such use, this day of , 200__. Theresa White, Clerk of Council Pomeio B. Kennedy. Mayor CERTIFICATE OF SURVEYOR REGISTRATION NO. 9525 LS APPROVED 20_ EXAMINING LAND SURVEYOR REG. NO. STATE OF MONTANA SS COUNTY OF FLATHEAD FILED ON THE _ DAY OF-, 20- TIME: CLERK AND RECORDER RECEPTION NOTE: ALL LOTS TO BE TAXED ON GROSS ACREAGE AS SET FORTH 1N THE FOLLOWING TABLE. SHEET 2 OF 2 w.l r..a rur4,e EXHIBIT C Preliminary Plat Drawing — Phase 2 (3 pages attached hereto) OWNER: RUSSELL J. PURDY BY: THOMAS, DEAN AND HOSKINS, INC. 690 NORTH MERIDIAN SUITE #101 KALISPELL, MT. 59901 PHONE: (406) 752-5246 DATE: MAY, 2004 u.so• 2356 S.F. 8 8 23.50' 8 4&00' c DETAIL- TCWNHOWE(/U 32.OD' 24.OW 3 1808 S.F. 8 50.00' DETAL- T (8) PRELIMINARY PLAT OF CREEKBOWSER ESTATES LOCATED IN THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 11, TOWNSHIP 28 NORTH, RANGE 22 WEST, P.M.M., FLATHEAD COUNTY, MONTANA. I T AND ROADLAYOUT ���60' 120' 18120' 180' S C A L E SINGLE FAMILY LOTS 9.702 AC. TOWNHOUSE LOTS 7.072 AC. COMMERCIAL LOTS 0.936 AC. HOMEOWNER'S PARK 8.588 AC. RECREATIONAL AREA 0.551 AC. ROADS 5.919 AC. TOTAL 30.768 AC. SUBDIVISION SUMMARY PROPOSED USES UTILITIES SINGLE FAMILY LOTS (54) NATURAL GAS (NORTHWESTERN ENERGY) TOWNHOUSE LOTS (42) ELECTRICITY (F.E.C.) COMMERCIAL LOTS (2) TELEPHONE (CENTURYTEL) CABLE TV (BRESNAN) CONSTRUCTION WATER (CITY OF KALISPELL) SEWER (CITY OF KALISPELL) PRIVATE ROADS SOLID WASTE (FLATHEAD CO. LANDFILL) 60' ROW 24' PAVEMENT LAND USE REGULATION 5' WALKING PATH ZONING (R-3 PUD-KAUSPEI.L) HOMEOWNER'S ASSOCIATION COVENANTS & ARCHITECTURAL REVIEW TRACT 1 QaS.15941 22 COMMERCIAL 0.50 AC. 730.00' /+7 8 24 2 $ 0.17 AC. $ It r- M TRACT 1 0 120.99' Q0.8. 15888 z 8 25 0.17 AC. a; 104.69' ? 26 016 AC d N89'44'46"E 476.22' 100.13' I Wr a o 23 COMMERCIAL I 0.44 AC. I � n 80.47' 91.31' 28 0.23 AC. THREE MILE DRIVE 184.85' ATIOX4L AFFA OM AC A, ,I 12B i1B 9B to Cr 103.64' 8 I & tr 29 0.18 AC. ilA \ \\ la lv �'01$ gg'$� 64.18' 27 mi 'o\a 0.18 AC. o. cb!. 85.41' a� �0 13A $• `06 4r� r 1# ¢ e°' iv �70• \ ri � i �g9g 78.19 Id bg r o 20B'�, 20A w FAQ /vo .� \,�o Nj7.yp 98.50' 201.77•14 tis. \ t 105• \! 97.74' 61.87' 75.20' 1 64.70• 7 386 94• 50 o w 021 AC pal T N89.51'30"E 521.62' 476.84' PROPOSED 20' LANDSCAPE BUFFER 45.01' - - - - NL-- 30. 9A gs.t9 8zo 8B N 7A n __ 114.48' I 5B I I 128 '- - r; I e, m 7B I C L v \\g! 8A 8 5A \ j s296' 3s1.. 9s.7s X 128.80• - 1 4f.88' 1 a � CN. 071� 85.39' I M / so 0.177 AC. 0. rc •� 78. AC. I W q°ji 00 31 p0.21 AC. 5 1 fto.e4' I 0 a.o: ^°4p• 0.2 TRACT SAS 32 0.23 AC 410/282 . y® ryM. 1 r r� 6' 93 ,'F' 0.28 0.23 AC. a w \$ w 3.I 4 4. co 0 21A -fig �' 19B '�•s�. 7s?ss. u w 0.18 AC. •g•. 0. C. Si. m o i I 18H 118A 1 tt2�, 1 ; a 1711 tos. JN 49 N 21B 52 N N 0.19 AC. m 35 0.18 AC. n' 1 l I / / 0.17 AC. +? $I 0 49 5 A m N N 110• ` 0.32 AC. 75.78' A\\ ^ � ' � / ^m N 7Lss' J�, O $ 'o b 780r 1�, � 9s.28' I 4r. 0.14 AC. $ 0.13 AC. , 8 , 1y10'� 438y��8.5�7•�-- 1w p; / n 0.21 AC�.py�'A �T00.00 •--__ S84'42'S5'E - -- c g7 ?g ,�,.4� 4 B• •Hi j . .$ I 7t.00• 37 118.85' / 70.16' I uo 47 'o,A. 'io�$ 0.1,a 7 AC. ' 70.19' ie 87.81• iOa 0.17 AC. 76 ,^, IV 57 u 1 `1p . ,ems 0.18 AC. $1 58 0.20 AC. � 58 n 56 �,� �� 84. 0.17 AC. R 64 - I tea. 38 3g 5, �' a 0.19 AC. m 0.16 AC. iA 0.18 AC. 63 48 'pybe, 0.16 AC. 44.33• 107.52' n 0.21 AC. % 0.20 AC. 83.53' 71.05' 71.35' 47.64 25.94• r M't di co S 75 n 0&44' 70.29' 87.82. 70.00' 70.37' n �1 ' '?�, 99 ao 0 0.17 AC. m^ I 72.82' 90.11, 113.80' ' Se?• A ��i. �1"�0 � i. `t 0.18 AC. v �r 1 ,4L-N �� 9�\m. 40 104.73' N 59 60 ^ 81 82 ^ 84 " ? 7i 35.48' 0.22 AC. ol$ a c $ 83 0.18 AC. ^ / U i9 0.20 AC. 00• u� 0.18 AC. V 0.18 AC. a 0.17 AC. - 0.17 AC. g 0.17 AC. " 16H 74 $ x r ,b� �g% °!, TRACT 3ACA p n 0.16 C. m / �/� \ 16A �2 R �. �' 480/186 102.oe' i 69.49' 7o.3r 69.92' 70.07' 70.65' 79• �,�i �` 44 C - 0.20 AC. ?. 130.98_ _ _ _ 389.19' A S89'20.45'W 520.18' -�- CU4DE-8/4;: / \I__/ ��' J 39 > 43 7129' 71.40' 71.40' 71.40' 70.30' 70.30' 70.30' gg•72 ' 15B 0.17 AC. ry s, 3j 14 ss.33' m 8 72 71 8 70 I & 89 88 & 87 I & 88 o0.175AC. ^ 42 41 0 B 0.18 AC. 8 0.17 AC. 8 0.17 AC. 8 0.17 AC. $ 0.17 AC. 8 0.17 AC. 8 0.17 AC. $ 0.17 AC. 14A 14H g 0.20 AC. 0.38 AC. 171.40' 11 70.0' 70.0' I I .SD\' 65982k�. 310.73' 78.01' 85.9Y 77.48' 71.4071.40' 70.30S89.20'45"W 1288.48' LOT 32 WEST VIEW DRIVE 1. c07"o ACCESS SIM I.AIT 33 PNK LOT 38 T W M I L E T R A C T 8 P H A 8 E 2 SHEET 1 OF 3 OWNE& RUSSElL J. PURDY BY: THOMAS, DEAN AND HOSKINS, INC. 690 NORTH MERIDIAN SUITE #101 KAUSPELI., MT. 59901 PHONE: (406) 762-6246 DATE: MAY, 2004 PRELIMINARY PLAT OF BOWSER CREEK ESTATES LOCATED IN THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 11, TOWNSHIP 28 NORTH, RANGE 22 WEST, P.M.M., FLATHEAD COUNTY, MONTANA. TOPOGRAPHY, ROA ■uNm•il PERIMETER BOUNDARY • EXISRNG PROPERTY PIN 19 1/16TH CORNER e 1/4 CORNER W— EXISTING WATER MAIN S EXISTING SEWER MAIN 0 EXISTING SEWER MANHOLE W—►-4 PROPOSED WATER MAIN W/VALVE t PROPOSED HYDRANT OPROPOSED LIFT STATION SITE S— PROPOSED SEWER AWN (GRAV" - - - - - - - PROPOSED SEWER MAIN (FORCE) • PROPOSED SEWER MANHOLE - - - - - - CONTOUR LINE (1' INTERVAL) -odEZ'�� CONTOUR UNE (5' INTERVAL) GRAVEL EDGE I "OJ BUILDING ® TREE FENCE EXISTING CULVERT TREE - SHRUB BOUNDARY DRAINAGE ARROW PROPOSED RIPRAP OUTFALL PAD PROPOSED STORM DRAIN W/ INLET �-� UTILITY POLE W/SUPPORT EXISTING OVERHEAD POWER PROPOSED SIDEWALK PROPOSED STREET W/CURB & GUTTER y--- K EXISTING GATE EXISTING TRAFFIC SIGN - - - PROPOSED CULVERT CONNECT TO EXISTING LIFE I STATION (BLUE HERON) -\ I i II I I 60' 1 0' 180' S C A L E SHEET 2 OF 3 O11NUL- RUSSELL J. PURDY BY: THOMAS, DEAN AND HOSK NS, INC. 880 NORTH MERIDIAN SUITE #101 KALISPEL4 MT. 69801 PHONE: (408) 752-6246 DATE: MAY, 2004 2006IIMIlTA/RY PLAT OF BOWSER CREEK ESTATES LOCATED IN THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 11, TOWNSHIP 28 NORTH, RANGE 22 WEST, P.M.M., FLATHEAD COUNTY, MONTANA. PHASING, FLOODPLAIN, TRAFFIC FLOW + DETAILS Sao' I f 1.0' Sa10,0' 2.0' /27 �rrA' COIICALIE BOIAi.YIRD TACK CWT ILL SIOOIWX 7YP. �TfP. �ASPI4LT &9ED mx — PER ASSM T-N 97X CCEPACnW M AASH10 T-N TYPICAL ROAD SECTION N0 SCALE NEENAH R-2583 SERIES BEHNE CRATE MID FRAME OR APPROJED EOM CONCRETE BASE J WITH J2 AT 12' O.C. WAYS (CENTERED IN SUB) BEEHIVE FIELD INLET DETAIL NO SCALE i �r�nin — — — — PHASING BOUNDARY TRAFFIC FLOW PATTERN APPROX. FLOODPLAIN PROPOSED PEDESTRIAN PATH THRFF AAII F nRIVF 0 60' 120' 180' 1 1 I 1 1 1 S C A L E SHEET 3 OF 3