H1. Jaxon Ridge Final platCITY OF
KALISPELL
REPORT TO: Doug Russell, City Manager
FROM: PJ Sorensen, Senior Planner
Development Services Department
201 1st Avenue East
Kalispell, MT 59901
Phone: (406) 758-7940
Fax: (406) 758-7739
www.kalispell.com/plannine
SUBJECT: Final Plat request for Jaxon Ridge Subdivision
MEETING DATE: March 15, 2021
BACKGROUND: Our office has received an application for final plat approval from Sands
Surveying, on behalf of Siderious Construction, LLP, for a 24-lot (12 parent lots/24 sublots)
residential subdivision on approximately 3.90 acres of land. The subject property is located on
South Woodland Drive. The property is generally located in the SW1/4 of the SE1/4 of Section
17, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana and is more
specifically described on the face of the final plat.
The Kalispell City Council approved the preliminary plat with 20 conditions on December 2, 2019
(Resolution 5951). All of the conditions have been met or otherwise adequately addressed. The
following report summarizes the applicant's compliance with the conditions of approval.
RECOMMENDATION: It is recommended that the City Council approve the final plat for Jaxon
Ridge Subdivision.
FISCAL EFFECTS: Positive impacts once developed.
ALTERNATIVES: Deny the request.
ATTACHMENTS: Final plat compliance letter and associated attachments.
Report compiled: March 10, 2021
Aimee Brunckhorst, Kalispell City Clerk
s7 snrvns smr ING,, i Plat Of ,nrP e e
ap JAXON RIDGE
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(406) >66-6481
A Subdivision Located In
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COMPLETEE DATE / /
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S"TLE"No.
SANDS SURVEYING, INC.
2 Village Loop Road
Kalispell, MT 59901
406-755-6481
Fax 406-755-6488
February 9, 2021
Kalispell Planning Office
PJ Sorenson, Senior Planner
201 1" Avenue East
Kalispell, MT 59901
Dear PJ:
Attached please find the materials necessary to review and approve the final plat for Jaxon
Ridge. I have listed the Conditions of Approval and address how each Condition is met.
Jaxon Ridge was granted Preliminary Plat approval on December 2, 2019 (KPP-19-03). The
conditions of approval are addressed as follows.
1. Preliminary plat approval is contingent upon final approval of annexation request KA-19-
03
This condition is met.
2. The development of the site shall be in substantial compliance with the application
submitted, site plan, materials and other specifications as well as any additional
conditions associated with the preliminary plat as approved by the city council.
This condition is met. The subdivision is in substantial compliance with the approved
preliminary plat.
3. The preliminary plat approval shall be valid for a period of three years from the date of
approval.
This condition is met as the final plat is submitted prior to the expiration date of
December 2, 2022.
4 The developer shall submit to the Kalispell Public Works Department for review and
approval of a stormwater report and an engineered drainage plan that meets the
requirements of the current city standards for design and construction. 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.
This condition is met. Attached is a copy of the MFE (5/13/20), COSA from the MDEQ
(EQ-20-1856) and Letter from Carver Engineering (114121).
5. 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
Rocky Mountain Education Page 1
submitted to Montana Department of Environmental Quality for the General Permit from the
stormwater discharge associated with construction activities.
This condition is met. See attached DEQ Permit
6. The developer shall submit water and sanitary sewer plans, applicable specification, 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.
This condition is met. See City of Kalispell PW approval Letter (5/13120) and MFE (EQ#
20-1856)
7. The developer shall submit the street design to the Kalispell Public Works Department
for review and approval prior to construction. Street design shall meet the city standards
for design and construction.
This condition is met. See City of Kalispell PW approval Letter (5113120)
8. South Woodland Drive shall be upgraded to an urban standard in accordance with the
City of Kalispell Construction and Design Standards the length of the property.
Upgrades include sidewalks, curb, and gutter, street trees and landscaping boulevard
adjacent to the applicant property.
This condition is met. The improvements are in place. See letter from Carver
Engineering.
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.
This condition is met. See acceptance letter from City of Kalispell.
10. All existing and proposed easements shall be located 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 for this subdivision to adjoin properties.
This condition is met. All required easements are shown on the face of the final plat.
11. 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 of
offering to provide telephone, telegraph, electric power, gas, cable television, water, or
sewer services 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,
and across each area designated on this plat as "Utility Easement" to have and to hold
forever.
This condition is met. The utility easement certificate appears on the plat
12. Prior to filing the final plat, a letter from the US Postal Service shall be included stating
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
main delivery sire 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.
This condition is met. See letter from USPS (1/24/20)
13. 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 the slough along the property western boundary.
This condition is met. The applicant contacted the Conservation District and the District
provided a statement that this is not a project and did not trigger a permit.
14. A Homeowners Association (HOA) shall be formed and established for the common
areas prior to final plat. The HOA should include provisions for maintenance of all
common areas.
This condition is met. Signed CC&R's are included in the application. These will be
recorded with the final plat upon approval by the City.
15. A letter shall be obtained from the Kalispell Parks and Recreation Direction 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 the installation of the street trees
and groundcover be provided to the Kalispell Parks and Recreation Department.
This condition is met. See attached receipt from Fred Bicha of Kalispell Parks
16. A cash -in -lieu of parkland in the amount of 0.03 acres per dwelling unit shall be
provided. The cash payment will be based off of the fair market value of undivided,
unimproved land prior to final plat approval.
This condition is met. The applicant paid $200,000 for the 3.9 acres in 2019 but it
included a house at the time. Without discounting the old house on the property, the
value is $51,282 per acre. The parkland dedication works out as follows; 0.03 ac (24
units)= 0.72 acre of parkland. The cash equivalent is 0.72(51,282) _ $36,923.00. The
applicant has provided the City of Kalispell a check for $36,923.00.
17. A minimum of two thirds of the necessary infrastructure for the subdivision shall be
completed prior to final plat submittal.
This condition is met.
18. All utilities shall be installed underground.
This condition is met.
19. All areas disturbed during the development shall be revegetated with a weed -free mix
immediately after development
This condition is met.
Attached please find a title report and tax certification. Thank you for your kind consideration of
this application. If you should have any further questions or concerns, please do not hesitate to
call.
Sincerely,
Eric H. Mulcahy, AICP
Sands Surveying, Inc.
Attach: Final Plat Application
Application Fee - $3800.00
Cover Letter
Carver Engineering Certification Letter (1/4/21)
MDEQ Approval EQ #20-1856 and EQ#20-1855 (5/27/20 and 7/10/20)
Kalispell PW MFE Approval (5-13-20)
Kalispell Acceptance Letter (5/13/20)
DEQ Stormwater Discharge Permit
USPS Approval (1/24/20)
310 Permit (7/8/2020)
Receipt of Cash -in -Lieu of Street Trees $9,327.00
Copy of Check for Cash -in -lieu of parkland $36,923.00
CC&R's Jaxon Ridge Subdivision
Common Facilities Agreement with CC&R's
Stormwater Maintenance Agreement (1/28/20)
Stormwater Maintenance Plan
Waiver of protest to formation of Special Improvements District
Fidelity National Title Subdivision Guarantee (FT-1585-204197)
Tax Cert (12/20/20)
Development Services
�,t.�.,. �,,: Department
201 1st Avenue East
114CAIL I S P ELL Kalispell, 7 59901
Phone (406) 58794D
-794
FINAL PLAT
Email: plannirq(ftalispell.com Website: www.kalisl)ell.com
Project Name
Jaxon Ridge
Property Address
1702 South Woodland Drive
NAME OF APPLICANT Applicant Phone
Siderius Construction LLC - Doug Siderius 253-6891
Applicant Address
737 Egan Road
Zip City, State,
Kalsipell, MT 59901
Applicant Email Address
dougsider@hotmail.com
if not current owner, please attach a letter from the current owner authorizing the applicant to proceed with the application.
OWNER OF RECORD Same
Owner Phone
Owner Address City, State, Zip
Owner Email Address
CONSULTANT (ARCHITECT/ENGINEER)
Sands Surveying, Inc - Eric Mulcahy
Phone
755-6481
Address
2 Village Loop
City, State, ZipKalispell, MT 59901
Email Address
eric@sandssurveying.com
POINT OF CONTACT FOR REVIEW COMMENTS
Eric Mulcahy
Phone
755-6481
Address
City, -state, Zip
Email Address
List ALL owners {any individual or other entity with an ownership interest in the property):
NIA
Legal Description (please provide a full legal description for the property and attach a copy of the most recent deed):
Jaxon Ridge, SW4SE4, Section 17, T28N, R21 W, P.M.M., Flathead County
eh m please initial here indicating that you have verified the description with the Flathead County Clerk and
Recorder and that the description provided is in a form acceptable to record at their office.
(:FYY U1+
KALISPELL
1. Date of Preliminary Plat Approval 12019
2. Type of Subdivision: Residential Industrial Commercial
3. Total number of lots in Subdivision: 24
4. Land in Project (acres) 3_896acres 6. Cash -in -lieu $ 36.923
5. Parkland (acres) 1.00(i ac 7. Exempt No
8. Number of lots by type:
Single Family Multi -Family
Commercialllndustrial Mobile Home
RV Park
Townhouse (sublols) 24 Other
INSTRUCTIONS FOR FINAL PLAT
Development Services
Department
201 1st Avenue East
Kalispell, MT 59901
Phone (406) 758-7940
PUDD Other
1. 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. Blank statements
stating, for example, "all improvements are in place" are not acceptable.
2. A complete final plat application must be submitted no less than 60 days prior to expiration date of the preliminary plat.
3. Please verify the final plat with staff and submit to the county 509 committee prior to submitting mylars.
REQUIRED SUBMITTALS
Attached Not Applicable
Cover letter addressing preliminary plat conditions wl attachments
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)
kAZ0,
Subdivision Improvement Agreement (Attach signed
original & collateral)
r 4 A
�(
Parkland Cash -in -lieu (Check attached)
X
Water rights transfer
14 AS
Copy of CCR's
X
Plats (2 mylars & 1 electronic copy) - other attachments required per
appendix D of subdivision regulations
J(
I hereby certify under penalty of perjury and the laws of the State of Montana that the information submitted herein, on all other submitted forms,
documents, plans or any other information submitted as a part of this application, to be true, complete, and accurate to the best of my knowledge.
Should any information or representation submitted in connection with this application be incorrect or untrue, I understand that any approval
based thereon may be rescinded, and other appropriate action taken. The signing of this application signifies approval for the Kalispell City staff to
be present on the property for routine monitoring and inspection during the approval and development process.
Applicant Signature
D ate
CE LLC aba
Carver Enqineerin6j
Con5ultin9 Civil Engineers
January 4, 2021
Keith Haskins, P.E. & Tom Tabler, P.E.
City of Kalispell PWD
P.O. Box 1997
Kalispell, MT 59903-1997
Re: Jaxon Ridge — Project Certification
Dear Keith & Tom:
All project work items have now been completed for Jaxon Ridge. Certification for
the water system has already been provided in our November 11, 2020 water
system certification letter. Since then, work on all other infrastructure
improvements, including sewer mains and services, stormwater system
improvements, and all road, sidewalk and "dry" utility work has been completed.
Based on our observations of construction and testing, it is our opinion that work on
all infrastructure improvements for Jaxon Ridge was done in accordance with
approved plans and specifications, with the following exceptions.
• With prior approval of the City, the center island in the cul-de-sac was not
constructed.
• With prior approval of the City, the proposed hydrodynamic separator was
changed from a 4'0 Downstream Defender to a 4'0 Contech CDS unit
thus eliminating the weir manhole required with the Downstream Defender.
• Construction of the CMP stormwater detention structure resulted in the
disturbance of significant portion of the steep sloping area down to the
slough. To mitigate erosion, an erosion control matting was installed over
the entire disturbed slope, including the area immediately along -side and
upslope of the concrete energy dissipater. The mat covered area was
seeded. The ground immediately below the energy dissipater was not
disturbed but the Contractor placed rock between the dissipater and slough
to mitigate possible erosion. It was determined that this erosion control
work was adequate to allow elimination of the proposed Flexamat as
shown on the approved plans. This change was discussed with the City.
Sincerely, 0NTA q
CE LLC a Carve Engineering
Ho A
-ti CC AN
T 10323 P.E. �u
Tom Cowan, P.E. 1p —dy-;t P.r
'0 OFEWO
DE An -�qw
Montana Department Q-qlb�,
of Environmental Quality
May 27, 2020
Tom Cowan
Carver Engineering
1995 Third Avenue East
Kalispell MT 59901
Dear Mr. Cowan;
RE: Jaxon Ridge
Municipal Facilities Exclusion
EQ## 20-1856
City of Kalispell
Flathead County
This is to certify that the information and fees received by the Department of Environmental Quality relating to
this subdivision are in compliance with 76-4-127, MCA. Under 76-4-125 (1)(d), MCA, this subdivision is not
subject to review, and the Declaration can be filed with the county clerk and recorder.
Plans and specifications must be submitted when extensions of municipal facilities for the supply of water or
disposal of sewage are proposed 76-4-131. Construction of water or sewer extensions prior to DEQ, Public Water
Supply Section's approval is prohibited, and is subject to penalty as prescribed in Title 75, Chapter 6 and Title
76, Chapter 4.
Jaxon Ridge Municipal Facilities Exclusion will consist of 12 Lots with 24 Single Family Units.
Sincerely,
i. s,d,4
Rachel Clary
Department of Environmental Quality
Engineering Bureau
Public Water & Subdivision Review
(406) 444-6722
email rclark wmt.gov
cc: City Engineer
County Sanitarian
Owner
file
Steve Bullock, Governor I Shaun McGrath, Director I P.O. Box 200901 1 Helena, MT 59620-0901 1 (406) 444-2544 1 www.deq.mt.gov
DEq
Owner Name:
MONTANA DEPARTMENT OF ENVIRONMENTAL QUALITY
MUNICIPAL FACILITIES EXCLUSION
StgnaturoAf If o}Ahers of record
Address: 737 Ega R ad; Kalispell, MT 59901
Email: dougsider@hotmail.com
Siderius Construction LLP (Doug Siderius)
Street or P.O. Box, City, State, Zip Code
Print name of owner (s)
Phone: 406-253-6891
Protect Information: Geocode 07-3966-17-4-01 -01 -0000 (this can be found at httnlsvc.rnt.gr7v;msllmtcddastrai)
Subdivision Name: Jaxon Ridge Number oflotslparcels/units: 24
Are main extensions necessary to serve the subdivision? kes ❑ No If yes, have plans for the mains been submitted for review?xyes ❑ No
Now will construction of the facilities be financed? Financed by Owner To L.11•J
Eligibility Re uirements: All of the follo%ijinq criteria must be met:
✓ The project must be provided with adequate municipal water and sewer, solid waste disposal and the municipality must review storm water
plans.
✓ All the mains necessary to serve the subdivision must be municipally owned, operated and maintained. Privately owned mains or lift
stations make the project ineligible for this exemption.
The municipality must be a 1 sL or 2"d class municipality as described in MCA 7-4-11 for covered under a grown policy pursuant to Tide 76.
chapter 1.
✓ The project must be one of the following (check applicable box):
❑✓ A new division subject to review under the Montana Subdivision and Platting Act,
❑ previously divided parcels recorded with Sanitary Restrictions, or
❑ divisions or parcels of land that are exempt from Montana Subdivision and Platting Act review under 76-3-203 or 76-3-207
(1) (a), (b), (d), (e), or (f)
Submittal requirements:_ Ali of the following items must be submitted:
❑✓ This form, signed by the property owner, and the municipalities representative
❑f Copy of Preliminary Plat, COS, Amended Plat or Unit Declaration. The Plat or COS must contain the exemption 76-4-125 (1)(d)(i), (ii) or
(iii). If using item (iii), the Plat or COS must also contain the appropriate Platting Act exemption.
❑✓ Vicinity map showing project location.
0 Applicable zoning ordinances in effect. ❑ On file
❑ Copy of growth policy, if applicable. On file
5100 processing fee
Certification: I hereby certify that I am authorized to sign on behalf of the municipaiity and that:
1. the existing water and wastewater systems are in compliance with the provisions of Title 75, chapters 5 and 6,
2. the systems have adequate capacity to meet the needs of the project, and
3 the municipality has or will review plans to ensure adequate storm water drainage and adequate solid waste disposal.
Signature: 'f l I Printed Name: +? �`Z� pate; ' I` 7®
D E, QMm
Montana Department
of Env[ronrnenta[ Quality
July 7, 2020
Tom Cowan, PE
Carver Engineering
1995 Third Ave. East
Kalispell, MT 59901
Re: City of Kalispell — PWSID#MT000259
Jaxon Ridge — Water & Sanitary Sewer Main Extensions
EQ#20-9855 Approval
Dear Mr. Cowan:
Thank you for the plans and specifications and engineering report for the proposed water and sewer
main extensions associated with the Jaxon Ridge subdivision west of South Woodland Drive in
Kalispell, received February 27 — July 7, 2020, under the Professional Engineer's seal of Thomas M.
Cowan, #10323PE. 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 May 13, 2020.
The Jaxon Ridge development received approval of the Municipal Facility Exclusion on May 27, 2020.
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 Jaxon Ridge,
July 7, 2020, 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.
The water main extension includes installation of: approximately 450 feet of 8-inch diameter water
main (C900 PVC DR18), 4 gate valves, two fire hydrant assemblies and one connection to the existing
water main in South Woodland Drive. 24 residential service connections will be installed as a part of
this project to serve 24 townhomes (12 structures). Fire hydrant flow testing and water modeling
illustrate that fire flow capacity exceeds 1500 gpm at 20 psi.
The sanitaa sewer main extension includes installation of: approximately 450 feet of 8-inch diameter
gravity sewer main (SDR 35 PVC), 3 new manholes and connection to one existing manhole in south
Woodland Drive. 24 residential service connections are planned as a part of this project.
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
Jaxon Ridge — Water & Sanitary Sewer Main Extensions
EQ#20-1855 Approval
April 8, 2020
Page 2 of 2
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,
61f4_1&117�
Emily J. Gillespie, P.E.
Engineering Bureau
If you have any further questions, please contact
CC. Siderius Construction, 737 Egan Road, Kalispell, MT 59901
Keith Haskins, City of Kalispell Public Works
Wendee Jacobs, Flathead County Environmental Health
MDEQ Plan Review File
r-'
AGENCY USE ONLY ..
PERMIT.NO.:. Date Rec'd.:
- � - AmountRec'd.: - -
check -No.:. .. Reed B
FORM
Notice of Intent (NOI)
N01-SWC Storm Water Discharge Associated With Construction
Activity MTR100000
The NOI form is to be completed by the owner or operator of construction activity eligible for coverage under the
Department's General Permit for Storm Water Discharges Associated with Construction Activities. Please read the
attached instructions before completing this form. You must print or type legibly; forms that are not legible or are not
complete or are unsigned will be returned. You must maintain a copy of the completed NOI form for your records.
Section A - NOI Status (Check one):
Q New No prior NOI submitted for this site. r,� p, I G,� j
;� j Renewal Permit Number: MTRi 0
0 Modification Permit Number: MTRI0 (Discuss Modification in
OResubmittal/Administrative Processing Permit Number: MTRI0 Section T) _ _ _
Section B — Facility or Site Information
Site Name Jaxon Ridge
Site physical address, mailing address at location, or directions to the site
1700 S Woodland Drive
Township/Range/Section (optional):
Nearest City or Town Kalispell, MT
Latitude 48.182913
Zip Code 59901 County _Flathead
Longitude 114..295481
Is this facility or site located within a recognized Indian Reservation? Yes r!'` No If yes permit must be
obtained through US EPA
Section C — Applicant (Owner/Operator) Information: 0 Owner 0 Operator Q Both
Owner or Operator Name (Organization Fonnal Name) Siderius Construction
Mailing Address PO BOX 147
City, State, and Zip Code: Kalispell, MT 59901
Phone Number (406) 253-6891 Email dougsider@hotmail.com
Status of Applicant (Check one) OFederal Q State Q private 10 Public QOther (specify)
Final 2018-2022 NOI-SWC
Page t of 5
Section D — Existing or Pending Permits, Certifications, or Approvals:
❑✓ None ❑MPDES
❑ RCRA
❑ 404 Permit (dredge & fill) ❑ Other
Local Sediment and Erosion Control Requirements:
1. Is the construction project located within a regulated Municipal Separate Storm Sewer System (MS4)?
Q Yes, Complete item 2. r No
2. The applicant must contact the MS4 to verify if additional Iocal sediment and erosion controls are required:
Name of MS4:
MS4 Contact Name:
Submit the SWPPP to the MS4 if required. Any additional MS4 requirement Contact
be incorporated into the
SWPPP.
Sage Grouse Habitat:
Visit the Montana Sage Grouse Habitat Conservation Program (Program) website to determine if the
construction project is Iocated in designated sage grouse habitat (core, general, and/or connectivity).
Q Yes, Submit application to the Program and attach resulting consultation letter.
E)No, Project is not Iocated in a designated habitat.
Section E - Standard Industrial Classification (SIC) Codes:
Select at least one SIC code which best reflects the type of construction work.
A. Primary S. Second
1611 - Highway and Street Construction, Except Elevated l
C. Third FD. Fourth
Section F — SWPPP Pre -parer and Administrator
SWPPP Preparer:
Name Aaron Oberlitner Position Title Project Engieer
Mailing Address Po BOX 147
City, State, and Zip Code Kalispeli, MT 59901
Phone (406) 752 2755 Alternate Phone (406) 752-2755
Company Name Knifefiver Email aaron.oberiitner@kniferiver.com
Training Course MCA - Administrator Recertification Date Completed 10/2312019
SWPPP Administrator: 0 Same as above
Name Position Title
Mailing Address
City, State, and Zip Code
Phone Alternate Phone
Company Name Email
Course —
�_ nIT 71l
«,.7 v TT l i a --ij uustrazor:
Narne
Mailing Address
Dity, State, and Zip Code
?hone
-ompany ame
Training Course
Position Title
Alternate Phone
Email
Date Completed
Date Completed
For additional SWPPP Administrators, please complete and submit Attachment A — Delegation of Authority
Final 2018-2022 NQl-swc
Page 2 of 5
OCcLeUn U -- tcecetvrng Nurface Water(s):
Storm Water Outfall/Discharge Locations: For each outfall, list latitude and Iongitude in the decimal degrees
format (00.0000;-000.0000) and the name of the receiving waters. This section must not be left blank and
N/A is not acceptable (see instructions for details)
Outfall Latitude Lone tude l
Number
00I 48.18291300 114.29548100
002
003
004
005
006
007
008
004
010
Surface Waters
Stonn water pond to west of the site
Waterbodies with Impairments (see instructions):
Are any of the above Waterbodies listed as impaired for potential pollutants from your construction activities.
(see instructions for accessing the Clean Water Act Information Center)
0 Yes (continue with next question) 0 No
If yes, have you updated the SWPPP to include BMPs that target and reduce discharges of the identified
pollutants causing impairment of the waterbodics and any TMDL requirements?
r fires (- No
Section H — Briefly Describe the Nature of the Construction Activity or Project
New subdivision
Please provide a summary of Best Management Practices (BMPs) in the SWPPP
Silt fence at outfall location
Stockpile/storage area
staging area
stabilized haul/entrance road
vegetative buffer
minimize disturbance
human waste containment
landscape and seeding
Final 2018-2022 Npi-5WC
Page 3 of 5
Total site area (acres) 4
Area of Construction Related Disturbance (acres) 3.5
f Estimated Project Start Date 04/3012020 Estimated Project Completion Date 07/31/2020
Estimated Project Final Stabilization Date 10/30/2020
Section I — Supplemental Information (For Permit Modificatlon Only — leave blank except for
modification)
Notre
Section J — Fee:
("e)NEW PROJECTS:
Indicate the acreage of construction related disturbance indicated in Section H of this NOI form. The
fee for new projects includes the application and the annual fee for the calendar year in which the
perMit authorization is effective.
(F
1-5 acres
$ 900.00
C
>5-10 acres
$1,000.00
C'
>10-25 acres
$1,200.00
G
>25-100 acres
$2,000.00
(-;
>100 acres
$3,500.00
RENEWAL
$ Amount specified in Rule (fee provided in renewal notice)
Q MODIFICATION $ 500.00 (minor modification, only if less than six months from
date the permit authorization is effective)
O RESUBMITTAL /
ADMINISTRATIVE PROCESSING $ 500.00
Section K - Attachments:
Map: E
Attach a USGS topographic quadrangle map extending one mile beyond the property boundaries of the site or
activity identified in Section B depicting the facility or activity boundaries, major drainage patterns, and the
receiving surface waters stated above.
f SWPPP and Site Map: Q Attached Q Renewal (updated SWPPP and site map attached)
Final 2018-2022 N01-5WC
Page 4 of 5
Section L - Certification
Authorized Signatories: This form must be completed, signed, and certified as follows:
• For a corporation, by a principal officer of at least the level of vice president;
• For a partnership or sole proprietorship, by a general partner or the proprietor, respectively; or
• For a municipality, state, federal, or other public facility, by either a principal executive officer or
ranking elected official.
All Applicants Must Complete the Following Certification:
1 certify under penalty of law that this document and all attachments were prepared under my direction or
supervision in accordance with a system designed to assure that qualified personnel properly gather and
evaluate the information submitted. Based on my inquiry of the persons who manage the system, or those
persons directly responsible for gathering the information, the information submitted is, to the best of my
knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for
submitting false information; including the possibility of fine and imprisonment for knowing violations.
A. Name (Type or Print)
Doug Siderius
B. Title (Type or Print)
C. Phone No.
Preside>}i� (406) 253-6891
D.
E. Date Signed
�✓'N� 03/24/2020
The Dep ment ill not process this form until all of the requested information is supplied, and the appropriate
fees are paid. t et ern this form and the applicable fee to:
Department of Environmental Quality
Water Protection Bureau
PO Box 200901
Helena, MT 59620-0901
(406) 444-3080
Final 2018-2022 NOI-SWC
Page 5 of 5
AGENCY i19E.oNLY
Date-Rec'd.:- ..
AmounkRec'd.:- ChechNo.: Rec'-d:By:
DIA
Montana Department =�,.
of Environmental Quality -
RM WATER PROTECTION BUREAU
SWPPP Storm Water Pollution Prevention Plan (SWPPP) Form
2018 Storm Water Discharge Associated With Construction Activity
MTR100000
READ THIS BEFORE COMPLETING FORM: The Form SWPPP is intended to assist operators in
developing a SWPPP which complies with Part 3 of the General Permit for Storm Water Discharges Associated
with Construction Activity (General Permit). It is the permittee's responsibility to ensure all required items in the
General Permit are adequately addressed and that the SWPPP is developed, implemented, and maintained.
Additional information may be needed to supplement the Form SWPPP. For additional information, please call:
(406) 444-3080 or visit: http://deq.mt.gov/wqinfQ/mpdcs/storrnwaterconstruction.mcpx
Section A - SWPPP Status: (Check one)
New No prior SWPPP submitted for this site.
❑ Modification Permit Number: MTR10 _ (Please specify these four numbers)
Section B - Facility or Site Information:
Site Name Jaxon Ridge
Site Locatio 9700 S Woodland Drive
Nearest City or Tow Kalispell, MT County.Flathead
�
Section C - Applicant (Owner/Operator) Information:
Owner or Operator Name Siderius Construction
Mailing Address PO BOX 147
City, State, and Zip Code Kalispell, MT 59901
Phone Number 406-253-6891
Section D SWPPP Preparer and SWPPP Administrator
SWPPP Preparer:
Name or Position Title Aaron Oberlitner
Mailing Address Po sox 147
City, State, and Zip Code Kalispell, MT 69901
Phone Number 406-752-2755 Email Aaron oberli •y
Training Course MCA -Administrator Recertification Date Completed 10-23-19
Final Permit: 2018-2022 Form SWPPP Page 1 of 10
rrimary 6wrrY Administrator: ®Sarne as above
Name or Position Title Aaron Oberlitner
Xailing Address
City, State, and Zip Code
Phone Number
Training Course
Secondary SWPPP Administrator:
Name or Position Title Aaron Oberlitner
Mailing Address
City, State, and Zip Code
Phone Number
Training Course
Email
Email
Date Completed
Date Completed
Section E — Site Description (Part 33)
1. Describe the nature of the construction activity and what is being constructed.
New subdivision
2. Describe all support activities and associated storm water discharges dedicated to the construction activity
including but not limited to: material borrow areas, material f H areas, concrete or asphalt batch plants, equipment
.aging areas, access roads/corridors, material storage areas, and material crushing/recycling /processing areas.
Equipment staging area on site.
No batch plants
Topsoil storage area
No crushing/processing
3. Provide an estimate of the total area of the site, and an estimate of the area of the site expected to undergo
construction -related disturbance (including all construction -related support activities).
Total Site Area (acres): 4
Area of Construction -Related Disturbance (acres): 3.5
4. Describe the character and erodibility of soil(s) and other earth material to be disturbed at the site, including
cut/fill material to be used.
The site is mostly flat and grassy existing vegetaion. All distrubed areas will be track walked or
compacted. Low erodibility as a result of flat grades.
Final Permit: 2018-2022 Form SWPPP Page 2 of 10
5. Provide a brief description of the existing vegetation at the site and an estimate of the percent density of
vegetative ground cover.
The site is very flat and consists of dense grass. Existing vegetation within the site and surrounding
The disturbed limits consists of dense grass standing 2-6 inches tall.
Specify Percent Density of Existing Vegetation: 75% 91
6. For a storm water discharge associated with construction activity with construction -related disturbance of five
acres or more of total land area (based on the acreage provided in item E.3 above):
a. Provide an estimate of the runoff coefficient of the site, both before and after construction, and describe what
supporting information this determination is based upon:
Runoff coefficient before construction: •25
Runoff coefficient after construction: .50
Supporting Information Source: The Clean Water Team Guidance Compendium for Watershed Monitoring and Assessment State Water Resources
Control Board 5.1.3 FS-(RC) 2011.
b. Provide an estimate of the increase in impervious area after the construction activity is completed:
30 Percent.
7. In the Outfall table below, identify the name(s) of the first state surface water(s) that receives storm water from
the construction project. Provide a description of the size, type, location of each outfall, and if the discharge is to a
storm sewer system. To properly identify the state receiving water, locate the drainage(s) into which the
construction project discharges. If additional outfa is are applicable, please include an attachment.
Outfall
Size of
Receiving Surface Water Drainage Area
Type of
Number
Associated with
Discharge
each Qutfall
001
Storm water pond to west of the site 4
C- Sheet
G Concentrated
002
0 Sheet
C' Concentrated
003
G Sheet
G' Concentrated
004
f] Concentrated
005
G Sheet
r' Concentrated
006
t eet
G Concentrated
007
C Sheet
G Concentrated
Ong
G Sheet
G Concentrated
009
C` Sheet
p Concentrated
010
GD Sheet
r' Concentrated
a. List the impaired receiving surface waters from the table above.
None
Latitude and Longitude of Discharge to
outfall Municipal Storm
Sewer System
48.182913 , 114..295481 O Yes ON.
Yes (^ No
C Yes (-', No
Yes ( No
C' Yes No
(7' Xes �' No
Yes G No
C Yes (7) No
C Yes j No
Yes (7, No
Final Permit: 2018-2022
Form SWPPP
Page 3 of 10
or-Liurl v — xaenancation and Summary of Potential Pollutant Sources (Part 3.4)
Select the pollutants expected to be present on the construction project:
Soils
BAreas of Shallow Grade
❑Areas of Steep Grade
BSIopes
❑ Ditch
BStockpiles
❑Contaminated Soils
Blmport and Export Operations
BEntrance / Exit Locations
❑Other Explain
Materials
RLoading and Unloading Operations
❑Storage of building materials
❑ Storage of chemicals
»Portable Toilets
❑Concrete Batch Plant
❑Asphalt Batch Plant
8 Worker Trash
❑Demolition Materials / Debris
❑ Other Explain
Activities
El Concrete Truck Washout
❑Masonry - Stone / Brick / Concrete
❑Spray / Wand Applications
❑Finish Work —Dry wall / Painting
❑Equipment Washing
❑ Washing of Buildings
®Maintenance of Equipment
®Refueling Operations
❑Application of herbicides, pesticides, fertilizers
❑Application of solvents or detergents
El Construction Dewatering
❑Other Explain
Wditional Pollutants
List any additional pollutants likely to be present at the construction project.
None Anticiapted
Non -Storm Water Discharges
Select the types of allowable non -storm water d
of Allowable Non -Storm Water Disch
Landscape Watering
Pavement Wash Waters
"Wullne tsuiiozng Wash Down
Uncontaminated spring or groi
Water used for dust control
r,mergency tire -lighting activities
Foundation or footing drains
Incidental windblown mist from c
water
Uncontaminated condensate from air
Uther
towers
likely to be
or other
at the construction project.
Present at Construction Pro'eet
Yes
•
No
Yes
•
No
Yes
•
No
Yes
•
No
Yes
•
No
Yes
No
Yes
•
No
Yes
Yes
'
•
No
Na
sors Yes
'
No
Yes
'
No
Final Permit: 2018-2022 Form SWPPP Page 4 of 10
Section G — Selection of Best Management Practices (BMPs) (Part 3.5)
Select the BMPs to be used during the construction project. All selected BMPs are required to have a specif catior.
provided in the SWPPP. The specifications do not have to be submitted to DEQ. The specifications are required tc
be maintained by the SWPPP Administrator(s) and provided to DEQ, EPA, or other local permitting authority
upon request.
Erosion Control BWs
59 Surface Roughening
❑Diversion Ditches
❑ Velocity Checks / Check Dams
Wreservation of Existing
Vegetation
RMinimizing Ground Disturbance
❑Mulch — Straw / Compost
❑Tackifiers / Soil Binders
❑Temporary Seeding
❑Erosion Control Blankets
❑Rough Cut Street Controls / Water
Bars
❑Channel Liner
El Stream Crossing
❑Terracing
❑Culvert
❑Outfall / Outlet Protection (Rip
Rap)
❑ Other
Run On / Runoff Control BWs
❑Temporary Slope Drain
❑Rock Run Down
❑Clean Water Diversion
❑Drainage Swales
❑ Other
Sediment Control BIYRs
RSilt Fence
®Straw Wattles
❑Rock Wattles / Rock Socks
El Curb Socks
[]Straw Bales
❑Earthen Berms
R Vegetative Buffers
❑Drainage Ditch / Ditch Berm
El Gravel Pack
❑Tarps, Plastic, Visqueen
El Compost Socks
❑Brush Barrier
❑Sandbag Barrier
BInlet Protection
Administrative Controls
BConcrete and Liquid Waste Washouts
R Worker Toilets
❑Construction Fencing
®Dust Control
El Secondary Containment
BDumpsters / Waste Receptacles
IR Stabilized Staging Area
aMaterial Storage and Stockpile Area
[]Paving and Painting Controls
17Saw Cutting and Grinding Controls
BSpill Prevention and Response
Procedures
RTraffic Control
❑Back Charging / Penalties
®Vehicle Tracking Control Pad ❑Other
BStabilized Vehicle Entrance
BStabilized Parking Area
BStabilized Construction Roadway
RStreet Sweeping
❑Sediment Trap
❑Sediment Basin
❑ Other
Additional BMPs
List any additional BMPs likely to be used at the construction project.
None Anticipated
Post Construction BMTs
❑Detention Pond(s)
❑Retention Pond(s)
EDrainage Swales
❑Infiltration System(s)
❑Dry Well(s)
❑ Other
Final Permit: 2018-2022 . Form SWPPP Page 5 of 10
�uacaf .urosIon and 6ediment Controls
Describe applicable local erosion and sediment control requirements.
Design, Install and maintain effective erosion and sediment controls to minimize the discharge of
potential pollutants.
Sec. 2.1.1 of the General Permit
Dewatering Activities (Part 3.6)
Describe dewatering activities associated with the construction project. Identify the BMPs to be used to control
dewatering activities and prevent discharges to state waters. If a separate authorization is obtained under the
Construction Dewatering General Permit, include the dewatering plan with the SWPPP.
No dewatering
❑ Dewatering activities will be controlled on -site with no discharge to state waters.
Provide a description of BMPs to be used to control dewatering activities on -site.
No dewatering
❑Separate authorization obtained under the Construction Dewatering General Permit.
MPDES Permit Authorization Number: MTG07_ _
❑Dewatering plan is attached to the SWPPP for th_e s_
eparate authorization.
Final Permit: 2018-2022 Form SWPPP Page 6 of 10
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lria�vi um struction ActIvrty Nchedule (Part 3.7)
List the major construction activities identified in the table above and provide an estimated timeframe for each
major construction activity. For each major construction activity, identify all construction activities that will occur
during the proposed major construction activity.
excavtion/embankment - 1 week
Underground utilities - 1 Month
Gravel base/grading - 'I week
Paving - 1 Day
Landscape/seeding - 1 week
Section I -- Final Stabilization (Part 3.8)
Identify the BMPs that will be used to achieve final stabilization. Information to be included is seed mix selection
and application methods, soil preparation and amendments, soil stabilization practices, and any temporary BMPs.
Topsoil placement and broadcast seeding. This may be left up to home builders once they take over
the permit
Section J — Post -Construction Storm Water Management (Part 3.9)
Identify BMPs that will be used to control storm water discharges that will occur after the major construction
activities are complete. Include a description of applicable Iocal requirements.
Silt fence at outfall location
Vegetative buffer
Design, install and maintain effective erosion and sediment controls to minimize the discharge of
potential pollutants.
Sec. 2.1.1 of the General Permit
Final Permit: 2018-2022 Form SWPPP
Page 8 of 10
► ULAI ,ar n - dire w ap traet 3.-tU)
Develop and attach the required SWPPP site maps and plans with the SWPPP. The site maps or plans must
clearly indicate all the required information in Part 3.10 of the General Permit. This means SWPPP site maps
must be of sufficient size, scale, and legibility.
Section L — Inspection and BMP Maintenance Procedures (Part 3.11)
Select the inspection schedule for the construction project:
l]Once every 7 calendar days
❑Once every I4 calendar days, and a post -storm event inspection within 24 hours of the end of a rainfall event of 0.25
inches or greater, and/or within 24 hours of runoff from snowmelt. Check one: The rainfall event will be determined by
either 0 a rain gage on site or ®the following weather service:
Describe the inspection and maintenance procedures that will be used to maintain all erosion, sediment control,
and other BMPs in good and effective operating condition. Identify how changes to the S WPPP will occur per Part
3.12 of the General Permit. If post construction BMPs will be used during major construction activities, include a
maintenance plan that will transition the BMP from active construction to post construction.
Swppp administrator will identify temp's that require maintenance, replacement and or installation.
These issues will be passed on to the field crew for installation and then inspected for correctness.
Section M — Water Quality Controls for Discharges to Impaired Water bodies (Part 2)
Describe BMPs that target and reduce discharges of identified pollutants of impairment to impaired waterbodies.
The permittee should only describe additional BMPs based on their construction activities pollutant sources.
Include any applicable TMDL condition, goal, requirement, implementation intent, or specific controls or
requirements as directed by the Department.
No impaired water bodies
Final Permit: 2018-2022 Form SWPPP
Page 9 of 10
Section N — Miscellaneous Information
Use this space to identify miscellaneous information that is to be included in the SWPPP.
Section O - CERTIFICATION
Permittee Information,: This SWPPP must be completed, signed, and certified as follows:
• For a corporation, by a principal officer of at least the level of vice president;
• For a partnership or sole proprietorship, by a general partner or the proprietor, respectively; or
• For a municipality, state, federal, or other public facility, by either a principal executive officer or
ranking elected official.
Alternatively, this SWPPP may be signed by a duly authorized representative of the person above. A person is a
duly authorized representative only if.
• The authorization is made in writing by a person described above;
• The authorization specifies either an individual or a position having responsibility for the overall
operation of the regulated facility or activity such as the position of plant manager, operator of a well or
a well field, superintendent, position of equivalent responsibility, or an individual or position having
overall responsibility for environmental matters for the company (a duly authorized representative may
thus be either a named individual or any individual occupying a named position);
• The written authorization is submitted to the department.
All rurnuttees Must [_:omplete the Following Certification;
1 certify under penalty of Iaw that this document and all attachments were prepared under my direction or
supervision in accordance with a system designed to assure that qualified personnel properly gather and
evaluate the information submitted. Based on my inquiry of the persons who manage the system, or those
persons directly responsible for gathering the information, the information submitted is, to the best of my
knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for
submitting false information; including the possibility of fine and imprisonment for knowing violations. [75-5-
633, MCA]
A. Name (Type or Print)
Doug Siderius
$. Title (Type or Print)
en. C. Phone No.
Presi�l
D. Si na u 1
406-253-689 1
E. Date Signed
3-24-2020
The D part wiI not process this form until all of the requested information is supplied, and the appropriate
fees are pai R urn this form and the applicable fee to:
Department of Environmental Quality
Water Protection Bureau
PO Box 200901
Helena, MT 59620-0901
(406) 444-3080
Final Permit: 2018-2022 Form SWPPP
Page 10 of 10
CITY OF
KALISPELL
May 13, 2020
Thomas Cowan, PE
CE LLC
1995 3rd Avenue East
Kalispell, MT 59901
Re: Jaxon Ridge Subdivision — Engineering Approval
Dear Mr. Cowan:
Thank you for your plan submittal. The submittals received May 6, 2020 for the above project are
hereby conditionally approved with the following comments:
General Comments:
1. Please provide a waiver of right to protest a Stormwater Improvement District per 7.1.8D of the
City of Kalispell Standards for Design and Construction. An example is provided in Appendix H3
of these Standards. This document will need to be filed and recorded with the final plat for the
subdivision.
Please provide a certification that the owner will employ a Professional Engineer to witness and
verify all construction is in compliance with the approved design. An example is provided in
Appendix J of the City's Standards.
Please provide the well certification per Section 38.2 of DEQ Circular 2. The certification will also
require a deviation to be submitted to MDEQ.
Sheet 2 of 10 Comments:
1. Please adjust underground detention to a provide 5 foot separation between outside edge of
pipe and property line.
2. Confirm that the underground detention system will be accessible for maintenance from the
end of the cul-de-sac. The route along the storm sewer line may need to be reinforced to
withstand the cleaning equipment (potential vac truck).
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.
201 ]`Avenue East, P.O. Box 1997, Kalispell, ,i1T 59903 —Phone (406)758-7720— Fax (406)758-7831
mov. kalispell.com
This approval is for the Public Works Department only and not does necessitate fill City approval.
If additional approvals from other City Departments are required they should continue to be
pursued.
Please contact Mark Crowley at (406)249-2485 to set up a pre -construction meeting prior to
beginning construction. A Right -of -Way and Storm Water Construction permit must be
obtained by the prime contractor for this project. At project completion, please provide the
City with electronic record drawings.
We look forward to working with you on this project.
Sincerely,
Tom Tabler, PE
Civil Engineer
cc: Emily Gillespie, PE — MDEQ
Keith Haskins, PE — City Engineer
201 J'AvenaeEast, P.O. Box 1997, Kalispell, MT 59903—Phone (406)758-7720—Frcr (=i06)758-7831
imm kalispell.com
January 24, 2020
United States Postal Sewice
350 N. Meridian Rd,
Kalispell, MT 59901
To Whom It May Concern the contractor has meet with the USPS and the
property listed has meet all the postal regulations and standards. If you
have and questions please feel free to call.
Don Landis
Supervisor Customer Service
Kalispell, MT 59901
(406) 755-6450
This is for the:
AXON RIDGE
Form 273 (Rev. 09122103)
(file name 273-03,doc)
310-PERMIT
CONSERVATION DISTRICT'S DECISION
DECISION DATE: Zt5
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 NamelAddress: Siderius Construction, 737 Egan Road, Kalispell, MT 59901
Applicant Name/Address: Doug Siderius, 737 Egan Road, Kalispell, MT 59901
Perennial Stream: Unnamed Section: 17 Township: 28 Range: 21
Supervisors' Decision (check)
Approved
❑ Approved With Modifications
❑ Denied
XNot A Project
Explanation:
See Attached (if more room is necessary)
❑ Check here if 15-day waiting period has been
waived f
Work may begin on or after: I Y
4
Permit. Fpiration Date:
Date Transmitted to Applicant & DFWP: 7
Supervisors' Signatures
r'
TO BE COMPLETED BY THE APPLICANT
Check the aoorooriate box, sign and return a coov to the district office within 30 days of receipt of this permit.
❑ 1 agree to proceed with the project in accordance with the approve pplication and specifications outlined in this
permit and will allow a follow-up inspection.
❑ I disagree with the terms of this permit a d Ir1� I seek �cial review in district court within 30 days of receipt of this
permit. (This box may only be checked if yoc�di of n an arbitration agreement when you submitted your
application.) 3 j !
❑ I disagree with the terms of this permit hereby request arbitration. I agree to abide by the arbitration
agreement attached to or on the rever of this form — OR, if an arbitration agreement was signed when the permit
application was submitted, I will abi that agreement.
Signature of Applicant:
Date;
FLATHEAD CONSERVATION DISTRICT
133 Interstate Lane, Kalispell, MT 59901 Phone: 406-752-4220 Fax: 406-752-4077 www,fatheadcd.org
310-PERMIT APPLICATION #FL2020023, Unnamed, Siderius Construction
Fc. 1 271 (Rev. 09122/03)
NATURAL STREAMBED AND LAND PRESERVATION ACT - ARBII RATION AGREEMENT
The Natural Streambed and Land Preservation Act arbitration process is governed by the Uniform Arbitration Act, MCA §27-5-11 1
through §27-5-324, except as expressly provided as provided herein. According to MCA §75-15-112, any team member may request
arbitration. The team includes the applicant, a representative of the Department of Fish, Wildlife and Parks, and a representative of the
conservation district.
1. Parties. The applicant and the conservation district are always a parry to the arbitration process. If the applicant requests arbitration,
parties will include the applicant and the conservation district. If the Department of Fish, Wildlife and Parks requests arbitration, parties
will include the Department of Fish, Wildlife and Parks, the applicant, and the conservation district. If the conservation district
representative requests arbitration, the parties will include the conservation district, the conservation district's representative, and the
applicant. The team member requesting arbitration is the contesting party.
2. Administering Agency. The conservation district or the county attorney will act as the administering agency for the arbitration
process. The conservation district shall provide clerical services to collect fees associated with the costs of the arbitration panel.
3. Selection of the Arbitration Panel. Within 30 days of the request for arbitration, the contesting party and the conservation district will
submit to the administering agency the names and qualifications of three consenting persons who reside in the judicial district in which
the dispute is taking place. The consenting persons must reside in the judicial district in which the dispute takes place. The parties may
agree on a list of no less than four consenting persons to act as the arbitrators to be submitted to the senior judge. That list shall contain
all of the names and qualifications of the consenting persons without designating the party submitting the names to the conservation
district. The senior judge will select three persons from the list who, from a review of the qualifications, appear to be the most impartial to
serve as arbitrators. If the contesting party fails to submit names within 30 days, the request for arbitration is deemed withdrawn. If the
other parties fail to submit names and qualifications, the arbitrators must be selected from the list provided by the administrating agency
by the senior district judge. The arbitration panel shall only sit for the period of time necessary to settle the dispute before it and will
review the proposed project pursuant to this arbitration agreement and in accordance with the statutory criteria set forth in MCA §75-7-
112, implementing rules, and the policy set forth by MCA §75-7-102. The panel may appoint a chair. The powers of the arbitration panel
shall be exercised by majority agreement of the panel. If during the course of the hearing an arbitrator ceases to act, the remaining panel
members may continue with the hearing and make a determination on the dispute.
4. Costs of the Arbitration. Costs of the arbitration panel, computed as for jurors' fees under MCA §3-15-201, shall be bome by the
contesting party. Clerical costs of the panel shall be paid by the non -prevailing party as determined by the panel. For all other expenses,
including counsel fees, each party shall bear its own costs.
5. Prehearing. The panel may call a prehearing conference to set the arbitration schedule, and to request specific written information
from the parties_
6. Date, Time, and Place of Hearing. The panel will select the time and place for the hearing. The hearing must be held in the judicial
district in which the dispute takes place. The panel may consider requests for specific locations for the hearing. The panel may conduct
on -site inspections. The panel may require the parties to submit copies of exhibits and a summary of its case, including a list of
witnesses, to the panel and all other parties, prior to the hearing.
7. Notice of Hearing. Not less than ten days before the hearing, the administering agency shall give notice to each party. The notice
must be by personal delivery or by certified mail_ The notice shall include a description of the subjects and issues involved and the time
and place of the hearing.
8. Representation. All parties have the right to be represented by an attorney. The arbitration parcel may request the district court issue
subpoenas for the attendance of witnesses and the production of books, records, documents, and other evidence and may administer
oaths. The provisions of law providing for service of subpoenas are applicable. The arbitration panel may permit a deposition to be taken
of a witness who cannot be subpoenaed or is unable to attend the hearing. At the conclusion of the hearing, the panel may take the
matter under advisement. A majority of the panel will render a final decision.
9. Procedure at the Hearing. Each party may give opening statements, describing, generally, their position on the supervisors' decision.
The contesting party will then present its witnesses and evidence. If there is more than one contesting parry, then the chair shall
determine the order of presentation by the contesting parties. The other parties will follow, in turn as directed by the chair, with their
witnesses and evidence. A witness is subject to cross-examination by the parties to the proceeding. A panel member may ask questions
of any witness or party to the dispute. Each party may conclude with closing remarks or statements summarizing their positions and
evidence. The hearing must be tape-recorded. If the judicial review is necessary, the tapes or relevant portions of the tapes may be
transcribed. The parties may arrange for a transcription of the hearing at their own cost.
10. Award. The award is the final decision of the arbitration panel. The award must be in writing and signed by the arbitrators. The
arbitration panel's award must be issued within 60 days after the hearing. The arbitration panel shall deliver a copy of the decision to
each of the parties and the district judge either personally or by certified mail. The district court shall confirm the panel's award, unless a
party applies and shows grounds for vacating, modifying, or correcting the award.
11. Judicial Review. If the panel's decision is contested, the court will review the panel's decision in accordance with MCA §27-5-312
and 313, Uniform Arbitration Act.
12. Other. Piease specify.
Date: Date:
Requesting Party Conservation District
310-PERMIT APPLICATION #FL2020023, Unnamed, Siderius Construction
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L A TUEAD
CONSERVATION
DISTRICT
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t', Slfit L' ��f ti
133 Interstate Lane, Kalispell, MT 59901 1 www.flatheadcd.org l 406-752-4220
ATTACHMENT
MONTANA NSLPA 310 APPLICATION: # FL2020023, Unnamed, Siderius Construction
Legal Description: S17 T28 R21
Landowner: Siderius Construction, 737 Egan Road, Kalispell, MT 59901
Applicant: Doug Siderius, 737 Egan Road, Kalispell, MT 59901
Stream: Unnamed
Decision Date: 7/8/2020
Based upon the recommendation of the Flathead Conservation District Board of Supervisors and
Montana Fish, Wildlife and Parks, the Board has determined that this is not a project under our
jurisdiction, because this body of water is not part of Flathead River backwater system. It is a
slough which fills by groundwater and stormwater runoff from city development. No further action
will be taken on this application.
The FCD Board of Supervisors advises that it is the landowner's responsibility to secure any other
necessary permits prior to work. If you have any questions, please do not hesitate to contact the
district office.
Donna Prid ore, Supervisor
cc: Montana Fish, Wildlife & Parks, Kalispell
KALISPELL
February 8, 2021
Mr. Tom Cowan, PE
Carver Engineering;
1995 Third Avenue East
Kalispell, MT 59901
Re: Jaxon Ridge Subdivision
Dear Mr, Cowan,
This letter is to colifinn that all public infrastructure constructed for the Jaxon Ridge Subdivision
and proposed to be transferred to the City of Kalispell has been designed and constructed in
accordance with MDEQ and City of Kalispell Standards for Design and Construction; has been
tested and certified by a Montana licensed Professional Engineer; and is considered accepted by
the City of Kalispell.
It is also understood that the concrete will be warrantied an additional year and that the
maintenance period will commence upon final plat,
Sincerely,
!' V �`-;7
Mark Crowley, CPII
201 1" A+enue F Phone (406)754-7720
PO BOX ILm Public WCrks Department Fax (406)75R-7R;1
Kalkliell. MT 50903 1 W"'U.kalil C11xo11)
CITY OF
KALISPELL
March 2, 2021
Thomas Cowan, PE
Carver Engineering, LLC
1995 3rd Ave East
Kalispell, MT 59901
Re: Jaxon Ridge Subdivision — Final Plat
Dear Mr. Cowan,
The Final Plat for Jaxon 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. The 10' Utility Easement through the Common Areas is addressed
on the plat via a dedication that all common areas are also utility lots.
A shared driveway easement for Lots 3A & 3B is missing from the Final Plat. Pending an
acceptable shared driveway for Lots 3A and 3B, all required easements and right-of-ways have
been determined to be acceptable.
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
CITY OF
KALISPELL
January 27, 2021
Eric Mulcahy
Sands Surveying, Inc
2 Village Loop
Kalispell, MT 59901
Re: Jaxon Ridge Subdivision
Dear Eric:
Kalispell Parks & Recreation
306 1st Ave E. P.O. Box 1997
Kalispell, Montana 59903-1997
(406) 758-7718 Fax (406) 758-7719
This letter is to serve as approval of the landscaping agreement submitted and dated November
18, 2020 for boulevard trees and planting in Jaxon Ridge Subdivision. This agreement stipulates
that developer will pay the city $444.15 per tree to be planted in the boulevards adjacent the
homes in the subdivision. A total of twenty-one (21) trees will be planted for a total cost of
$9,327.15.
The developer and/or property owner will be responsible for any boulevard prep, seeding or sod.
This developer's agreement is solely for trees and no other landscaping in Jaxon Ridge
Subdivision.
We are in receipt of your check numbered 6317 for the amount of $9,327.15 to cover the
planting of twenty-one (21) trees in Jaxon Ridge Subdivision. As the lots are developed, please
have the property owners call our office to schedule the tree plantings.
If you have questions regarding the timing involved to plant trees or any concerns, feel free to
contact me.
Sincerely,
Fred Bicha, Parks Superintendent
CC: Chad Fincher, Parks and Recreation Director
Jarod Nygen, Planning Director
Julie Hawes, Treasurer
306 I'Avenue East, P.O. Box 1997, Kalispell, MT 59903 —Phone (406)758-7718— Fax (406)758-7719
www.kalispelfcom
September 21, 2020
Doug Siderius
737 Egan Road
Kalispell, MT 59901
Re: Approval letter for City Stormwater Management Permit Number SW20-0221 for project
site: 1702 S WOODLAND DR, 59901
Dear Permittee:
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
31 st of the current year, permit renewal is required. Failure to renew your permit before January 1 st 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 _kalispell.com.
Sincerely,
/n
Casey Lewis
Environmental Specialist
Public Works Department
City of Kalispell
201 1 st Avenue East, P.O. Box 1997, Kalispell, MT 59903 - Phone (406) 758-7720 - Fax (406) 758-7831, www.kalispell.com
After recording mail to:
B.I.D., Inc.
285 2nd Ave W.N. #102
Kalispell MT 59901
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS
OF JAXON RIDGE SUBDIVISION
THE UNDERSIGNED, Siderius Construction, LLC, a Limited Liability Company (herein
known as the "Developer") of 737 Egan Road, Kalispell, MT 59901, hereby encumbers and
restricts the real property situated in Flathead County, Montana, known as lots 1A-12B of Jaxon
Ridge, according to the plat thereof recorded in the records of the Office of the Clerk and
Recorder of the County of Flathead, State of Montana (the "Plat") with this Declaration of
Covenants, Conditions and Restrictions of Jaxon Ridge (referred to herein as the "Declaration")
as set forth below, and declares that the real property shall at all times be owned, held, used and
occupied subject to the provisions contained herein from and after the date this document is
recorded with the Flathead County Clerk and Recorder's office. The property shall not be used,
nor shall any activities be conducted on it in violation of this Declaration.
Now, Therefore, for the purpose of providing a uniform plan for the development of the Property
and protecting the value and desirability of the Property, Declarant hereby declares that the real
Property described above and in Article 1 is and shall be held, transferred, sold and conveyed
subject to the covenants, conditions and restrictions hereinafter set forth. These covenants are in
addition to the requirements of the underlying zoning which is R-4 (Residential).
ARTICLE I
DEFINITIONS
Section 1.1 —Association: 'Association' means the Jaxon Ridge Homeowners Association, and
its successors and assigns.
Section 1.2 - Board of Directors: 'Board of Directors' means the Board of Directors of the
Association.
Section 1.3 - Bylaws: 'Bylaws' means the Bylaws of the Association as the same may be
amended from time to time.
CC&Rs for Jaxon Ridge Subdivision
Page 1
Section 1.4 - Common Area: "Common Area' means the Property which is subject to this
Declaration, but excluding individual Lots within the Property and property dedicated to the City of
Kalispell, Montana for public use including streets, public utilities, and related improvements.
Thus, the Common Area includes real Property maintained by the Association for the common
benefit of the Owners and such other persons as may be permitted to use the Common Area
under the terms of this Declaration or any contract with the Association.
Section 1.5 - Common Expenses: 'Common Expenses' means (a) the expenses of maintaining,
managing, and operating the Common Area; (b) premiums for liability
insurance carried by the Association; (c) all other expenses incurred by the Association in
administering, servicing, conserving, managing, paying Property taxes upon, maintaining,
repairing, or replacing the Common Area and any improvements located on it; (d) all expenses
incurred by the Association in administering and managing the Association and this Declaration;
(e) all expenses incurred by the Association in any other activities undertaken for the common
benefit of all or some of the Owners; and (f) all expenses lawfully determined to be Common
Expenses by the Board of Directors of the Association, as provided in this Declaration and in the
Articles and Bylaws of the Association.
Section 1.6 - Declarant: 'Declarant' means B.I.D., Inc. Declarant may assign some or all of its
rights under this Declaration to a third party by a written instrument specifically referring to such
rights recorded in the records of Flathead County, Montana. Such instrument may specify the
extent and portion of the rights or interests of Declarant which are being assigned, in which case
the initial Declarant shall retain all other rights as Declarant.
Section 1.7 — Declaration: Declaration' means this Declaration of Covenants, Conditions and
Restrictions of Jaxon Ridge, as it may be amended from time to time.
Section 1.8 - Lot: 'Lot' means each parcel within the Property described below, which is
designated as a Lot on a plat of the Property, including any such parcel owned by Declarant and
excluding any Common Area.
Section 1.9 - Owner: "Owner' means any person or entity owning a fee simple interest in a Lot or
a contract purchaser, whether one or more persons or entities, owning or purchasing a Lot, but
excluding those having a mortgage or an interest merely as security for the performance of an
obligation, provided, however, that prior to the first conveyance of a Lot for value, the term
"Owner" shall mean "Declarant" or its successors or assigns.
Section 1.10 - Period of Declarant Control: '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 ending on the earlier of: (a) the date which is 10 years later, or
CC&Rs for Jaxon Ridge Subdivision
Page 2
(b) the date on which the Declarant has sold one hundred percent (100%) of the Lots within
Jaxon Ridge and has notified the Association in writing that Declarant has determined that no
additional Property shall be added to Jaxon Ridge.
Section 1.11 - Property: 'Property' means the real Property which is and shall be held,
transferred, sold and conveyed subject to the covenants, conditions, and restrictions herein set
forth and more particularly described as follows:
LOTS 1AIB-12AIB (INCLUDING COMMON AREA/DRAINAGE) OF THE
SUBDIVISION PLAT OF JAXON RIDGE, LOCATED IN:
SW1/4SE1/4, S17, T28N, R21W, PM, M, FLATHEAD COUNTY, MONTANA
Section 1.12 - Other Definitions: Other definitions may be found throughout this Declaration.
Any term not specifically defined shall be deemed to have its common and ordinary meaning.
ARTICLE II
HOMEOWNERS ASSOCIATION
Section 2.1 - Establishment of Association and Adoption of Bylaws: An Association is
hereby established known as "Jaxon Ridge Homeowners Association." Said Association may be
incorporated under a different name as may be determined by the Association and approved by
the Montana Secretary of State. The Association shall be formed prior to the close of sale of any
Lot within the Property. The Bylaws of the Association will be adopted by the Association prior to
the close of sale of any Lot within the Property.
Section 2.2 - Powers: The Association shall have all such powers as permitted by the laws of
the State of Montana, provided that the Association shall be subject to and abide by the
provisions of this Declaration, as the same may be amended from time to time.
Section 2.3 - Membership: All Owners of the Lots within Jaxon Ridge shall be members of the
Association. The Owners of any Lot shall automatically become members of the Association and
shall remain members until such time as the Ownership of such Lot ceases for any reason, at
which time the corresponding membership in the Association shall cease.
For the purpose of determining membership at any meeting, a person or entity shall be deemed
to be a member upon the recording of a duly executed deed to that Owner, or upon the recording
of a notice of a purchaser's interest or an abstract of a contract for deed showing a contract
purchase by an Owner. The legal title retained by the vendor selling under contract shall not
qualify such vendor for membership. Foreclosure of a mortgage, trust indenture or the termination
or foreclosure of a contract for deed wherein title is vested in the mortgagee, beneficiary or
original seller on a contract, or repossession for any reason of a Lot sold under a contract shall
terminate the vendee's membership, whereupon all rights to such membership shall vest in the
legal Owner.
CC&Rs for Jaxon Ridge Subdivision
Page 3
Members shall participate in the manner prescribed by the Articles and Bylaws of the Association,
and resolutions of the Association's Board of Directors.
Section 2.4 - Owners' Address: Upon acquiring a Lot, the Owners of the Lot shall immediately
inform the Association of their names and of one address to which notices from the Association
should be sent. The Owners shall be responsible for informing the Association of any change of
address.
Section 2.5 - Voting: 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 single Lot, such
persons or entities must decide among themselves how the vote for that Lot shall be cast.
Section 2.6 - Management during Period of Declarant Control: During the Period of Declarant
Control, Declarant may appoint, remove and replace from time to time any or all of the directors
and officers of the 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 and
officers of the Association. Any such relinquishment shall be expressed in writing to the
Association.
Section 2.7 - Association Meetings: Annual and Special meetings of the Association shall
occur as set forth in the Association's Bylaws.
Section 2.8 - Turnover Meeting: The Declarant reserves the right, at any time before the
expiration of the Period of Declarant Control, to call a special meeting of the Association for the
purpose of transferring control of the Association to the members. Should the Declarant call such
a meeting, it shall present to the members its plan for the orderly transfer of control of the
Association to the members, and the members will be obligated to accept control of the
Association in accordance with such plan.
ARTICLE III
COMMON PROPERTIES
Section 3.1 - Control and Management: The Association shall have the exclusive right and
obligation to manage, control, improve and maintain the Common Area within Jaxon Ridge. The
Association shall be responsible for liability insurance, state and local taxes payable by the
Association, and maintenance of facilities and improvements in the Common Area. The Board of
Directors, among its other duties, shall establish and levy assessments to pay for the taxes
payable by the Association, insurance, maintenance and other expenses associated with the
Common Area under the control and authority of the Association. The Board of Directors may, in
its discretion, adjust the assessments to meet the changing needs of the Jaxon Ridge community
and the areas serving the community.
CC&Rs for Jaxon Ridge Subdivision
Page 4
Section 3.2 — Common Properties. Common Properties means the property, which is subject
to this Declaration, but excluding the individual lots within the property. The Common Areas are
labeled on the Jaxon Ridge Final Plat as Common Area/Drainage and Common Area. The
Common Properties shall include any common areas that are shown on the Plat of Jaxon Ridge
Subdivision, according to the map or plat thereof on file and of record in the office of the Clerk
and Recorder of Flathead County, Montana.
Section 3.3 — Maintenance of Common Properties. The Homeowners Association shall
maintain the common areas in attractive state with mowing and weed management.
Section 3.4 — Stormwater Drainage System Maintenance. The stormwater drainage systems
located within the common areas shall be maintained by the Homeowners Association as
prescribed in the Jaxon Ridge Stormwater Drainage System Maintenance Plan and found in
Exhibit `A' of this document and are incorporated herein by this reference.
Section 3.5 — Easement Over All Common Properties. The owners shall have an easement
for use and enjoyment of all of the Common Properties, subject to such rules and regulations as
the Homeowners Association may develop from time to time, and also subject to the rights
reserved to Declarant.
Section 3.6 — Property Taxes. It is acknowledged that, for property tax purposes, Flathead
County and the State of Montana may allocate to each lot a fractional, proportional portion of the
value attributable to the Common Properties. By accepting a deed to a lot the owner agrees to
this mechanism for property taxation and agrees to pay a proportional share (as allocated by
Flathead County and the State of Montana) of the taxes attributable to the value of the Common
Properties, while at the same time allowing the Homeowners Association to administer and
control the Common Properties.
Section 3.7 — Insurance on Common Area. The Homeowners Association shall maintain the
following types of insurance: property insurance, liability and comprehensive fidelity to the extent
that such insurance is reasonable and available, considering the availability, cost and risk
coverage provided by such insurance, and the cost of such coverage shall be included in the
budget and shall be paid by the Homeowners Association as a common expense.
ARTICLE IV
ASSESSMENTS
Section 4.1 - Assessments: Each property owner agrees to pay to the Association such annual
dues and assessments as the Board of Directors shall determine. Such dues and assessments
may include amounts for operation of the Association, payment of insurance on Common
Properties, Common Properties maintenance, utilities, maintenance of the Jaxon Ridge
Stormwater drainage systems, and all other matters determined to be appropriate by the
Association for the benefit of the owners and approved or assessed in accordance with the
CC&Rs for Jaxon Ridge Subdivision
Page 5
applicable rules and procedures of the Association. The Association dues and assessments shall
be the same for each lot of the Subdivision. The annual and special assessments, together with
interest, costs and reasonable attorney's fees, shall be a charge on each Lot, and shall be a
continuing lien upon the property against which each such assessment is made. Each
assessment, together with any accruing interest, costs and attorney's fees, shall be the joint and
several personal obligation of the Owner(s) of such Lot at the time when the assessment is due.
Section 4.2 - Purpose of Assessments: The assessments levied by the Association shall be
used to promote the health, safety, convenience, and welfare of the Owners; for the
improvement, repair and maintenance of easements, trails, and the Common Area, and for any
other purposes, expressed or implied in this Declaration.
Section 4.3 - Annual Assessments: The maximum annual assessment per Lot which may be
made by the Association in any calendar year shall not substantially exceed the projected and
budgeted actual and reasonable costs to be incurred by the Association during the coming year in
carrying out its functions, and may include a reasonable reserve for contingencies. The annual
assessment shall be equal for each Lot. Payment of the annual assessment shall be due and
payable on a date or dates established by the Board of Directors, in an annual, monthly,
quarterly, or other periodic installment as the Board of Directors may provide.
The initial annual assessment shall be $125.00 per lot.
The amount of the annual assessments shall be fixed by the Board of Directors in the following
manner:
At each annual meeting of the members, the Board of Directors shall present a proposed budget
of the estimated expenses for the Association for the coming year to the members for review,
discussion, amendment, comment and approval. Estimated expenses for the Association shall
include, without limitation, the cost of maintenance, repair, and operation of the Common Area;
expenses of management; premiums for insurance coverage as deemed desirable or necessary
by the Association; common water and utility charges for the Common Area; legal and accounting
fees; management fees; expenses and liabilities incurred by the Association under or by reason
of this Declaration, payment of any deficit remaining from a previous assessment period; and the
creation or supplementing of a reserve fund for general, routine maintenance, repairs and
replacement of improvements within the Common Area on a periodic basis, as needed. The
Members shall approve or amend the proposed budget by a majority vote of the members
present or voting by proxy. After the annual meeting, the Board of Directors shall set the amount
of the assessments and the date(s) upon which they are due for the coming year to cover the
budget approved in the manner herein set forth.
Section 4.4 - Special Assessments: The Board of Directors may, from time to time, levy upon
and subsequently collect from each Owner a special assessment for each Lot. Special
assessments may be levied for capital improvements or acquisitions, extraordinary expenses or
for such other purposes as the Board of Directors may determine. Any special assessment shall
be equal for each Lot. Payment of any special assessment shall be due and payable as the
Board of Directors may provide.
CC&Rs for Jaxon Ridge Subdivision
Page 6
Section 4.5 - Priority of Lien for Assessments: The lien of any assessments will be superior to
and prior to any homestead exemption provided now or in the future by the laws of the State of
Montana, and to all other liens and encumbrances except the following: (a) Liens and
encumbrances recorded before the date of the recording of this Declaration; (b) Liens for real
estate taxes and other governmental assessments or charges duly imposed against the Lot by a
Montana governmental or political subdivision or special taxing district, or any other liens made
superior by statute; and (c) The lien for all sums unpaid on a first mortgage taken in good faith
and for value and perfected by recording in the office of the Clerk and Recorder of Flathead
County, Montana, prior to the time of recording in said office of an instrument describing the Lot
affected and listing the name or names of the Owner or Owners and giving notice of such
violation, breach or failure to comply, (with such superiority to include any and all advances made
by the first mortgagee, even though some or all of such advances may have been made
subsequent to the date of filing of a written lien statement for delinquent assessments). Any first
mortgagee who acquires title to a Lot by foreclosing the first mortgage or by receiving a deed or
assignment in lieu of such a foreclosure, or any purchaser at a foreclosure sale of the first
mortgage, will take the Lot free of any claims for unpaid assessments, interest, late charges,
costs, expenses, and attorney's fees against the Lot which accrue prior to the time such first
mortgagee or purchaser acquires title to the Lot. All other persons who hold a lien or
encumbrance of any type not described in subsection (a), (b) or (C), above, will be deemed to
consent that their lien or encumbrance will be subordinate to the Association's future liens for
assessments, interest, late charges, costs, expenses and attorney's fees, as provided in this
Article and in this Declaration, whether or not such consent is specifically set forth in the
instrument creating any such lien or encumbrance.
Section 4.6 - Failure to Pay Assessments - Remedies of the Association: No Owner may
waive or otherwise escape liability for the assessments provided for herein by non-use of the
Common Area, or by abandonment of their Lot. Any assessment or installment of an assessment
not paid within thirty (30) days after its due date will be delinquent. In the event of such
delinquency, the Association may take any or all of the following actions:
(a) Assess a late charge for each delinquency at uniform rates set by the Board of Directors
from time to time;
(b) Charge interest from the date of delinquency at uniform rates set by the Board of Directors
from time to time, but not to exceed the maximum rate of interest allowed by applicable law,
(c) Suspend the voting rights of the Owner during any period of delinquency;
(d) Bring an action against any Owner personally obligated to pay the delinquent assessments;
(e) Record a notice of lien with the Clerk and Recorder of Flathead County, Montana. Upon
delivery of the notice of assessment to the Owner, the assessment shall be a lien upon the
Owner's Lot until paid. If the assessment is not paid within thirty (30) days after the recording
of the notice of lien, the Association may foreclose the lien in the manner set forth under
Montana law for the foreclosure of liens against real property;
CC&Rs for Jaxon Ridge Subdivision
Page 7
(f) The Association shall be entitled to recover from the Owner any and all reasonable
attorney's fees and costs incurred in the collection of any delinquent assessments;
(g) The remedies provided under this Declaration shall not be exclusive, and the Association
may enforce any other remedies to collect delinquent assessments as may be provided by
law.
Section 4.7 - Sale or Transfer of a Lot: The sale, transfer, or encumbrance of any Lot shall not
affect the personal liability of the Owner responsible for the assessment or the assessment lien if
a lien is recorded in the records of Flathead County, Montana. No sale or transfer to a third party
with actual or constructive knowledge of an assessment shall relieve such new Owner from the
liability for any outstanding assessments, or from any assessments thereafter becoming due, or
from the recorded lien thereof. A person or entity purchasing a Lot shall be responsible for
checking with the Association for any outstanding assessments against said Lot before closing
the transaction.
Section 4.8 - Statement of Status of Assessments: On written request, the Association will
furnish to an Owner or his designee or to any mortgagee a statement setting forth the amount of
unpaid assessments then levied against the Lot in which the Owner, designee or mortgagee has
an interest. The information contained in such statement, when signed by an officer, director or
agent of the Association, will be conclusive upon the Association, the Board, and every Owner as
to the person or persons to whom such statement is issued and who rely on it in good faith.
Section 4.9 - Declarant's Responsibility for Assessments: Notwithstanding the foregoing, the
Declarant, although a member of the Association, shall not be responsible at any time for
payment of the annual assessments for Lots owned by Declarant, unless and until Declarant
constructs a home on such Lot. The Declarant, however, shall pay a proportionate share of all
current expenses of administration actually incurred by the Association from time to time for
routine maintenance of the Common Area. For purposes of the foregoing sentence, the
Declarant's proportionate share of such expenses shall be based upon the ratio of all Lots which
are listed for sale owned by the Declarant at the time the expense is incurred (i.e., the number of
Lots which are for sale) to the total number of such Lots plus Lots owned by third parties (i.e., the
total number of sold Lots plus Lots which are for sale). So long as Declarant owns any Lots, any
increase in the annual assessment and any special assessment shall require the Declarant's
written consent. Further, the Declarant shall in no event be liable for any assessment levied in
whole or in part to purchase any property from the Declarant or to finance any litigation or other
claim against the Declarant, any cost of investigating and preparing such litigation or claim, or
similar related costs.
CC&Rs for Jaxon Ridge Subdivision
Page 8
ARTICLE V
PROTECTIVE COVENANTS
Section 5.1 - Conditions from Subdivision Approval: The conditions imposed upon the
approval of the Jaxon Ridge Subdivision are incorporated herein as part of this Declaration to the
extent they apply to the use of the Property.
Section 5.2 - Zoning Regulations: The zoning of the Property at the time of the filing of this
Declaration is R-4 and all uses must comply with that zoning unless changed prior to the
attempted use. If the zoning has been changed, the use shall comply with the then existing
zoning. In addition, if as at the present time there is a need for a zoning compliance permit from
the local planning authority, (presently known as the Flathead Regional Development Office, or
City of Kalispell), such permit shall also be required under this Declaration.
Section 5.3 - Land Use: No Lot shall be used except for one townhouse residence not to exceed
two stories in height. Basements are prohibited.
Section 5.4 - Sewage Disposal: No individual sewage disposal system shall be permitted. All
sewage disposal shall be by connection to the City of Kalispell's sewer system.
Section 5.5 - Water Supply: No individual water supply system or systems shall be permitted. All
water service must be furnished by public water connections.
Section 5.6 - Building Location: All structures shall be constructed within the setback
requirements established by the City of Kalispell, Montana.
Section 5.7 - Dwelling Design Guidelines: Residential improvements shall be no higher than
two (2) stories above finished grade level with a maximum of a thirty-four foot (34') ridgeline
above the highest finished grade at the home foundation. Minimum square footage of heated
living area for a townhouse residence, excluding garage, enclosed patios or decks, attics and
unheated storage areas, shall be as follows: (a) one story: 900 square feet; (b) two story: 1,200
square feet with a minimum of 600 square feet on the primary level. All construction shall be
complete within one year from the date construction begins.
Section 5.7.1 - Exterior Finish: The exterior of all construction on any Lot shall be designed,
built and maintained in such a manner as to blend in with the natural surroundings, existing
structures and landscaping in the Property. Exterior colors must be subdued earth tones or white.
Exterior trim, fences, doors, railings, decks, eaves, gutters and the exterior finish of garages and
other accessory buildings shall be designed, built and maintained to be compatible with the
exterior of the structure they adjoin.
Section 5.7.2 - Exterior Materials: Roofing materials shall be minimum 25-year architectural
laminated composition or equivalent composite material as may be further limited or described in
the rules and regulations of the Association. Roofing colors must be earth tones, gray tones, or
shades of black. No manufactured wood roofs or metal roofs are permitted. Window trim, if any,
CC&Rs for Jaxon Ridge Subdivision
Page 9
must be wood or vinyl wrap, or shutters. Exterior siding shall be cedar, L.P., Lap, or comparable
products, no vinyl siding. Minimum roof pitch is to be no less than four -twelve, (4:12).
Section 5.8 - Landscaping: The front yard landscaping of each Lot and the side yard
landscaping of each corner Lot must be completed within six (6) months from the date of
occupancy of the home constructed on the Lot. In the event of undue hardship due to weather
conditions, this provision may be extended upon written request to the Association, (or Declarant
during the Period of Declarant Control). Landscaping of all rear yard areas must be completed
within six (6) months from the date of occupancy of the home on the Lot.
All front and rear yard areas shall be planted with any of the following: trees and shrubs, ground
cover, conifer trees, deciduous shrubs and trees, and lawn areas. All other yard areas shall, at a
minimum, be covered with bark mulch or similar material. Extensive areas of sparsely planted
shrub beds covered with bark dust or similar materials is not permitted.
Mounding of planting beds and lawn areas will be permitted if graded so as to blend with adjacent
property and/or landscaping. Special care shall be taken to ensure proper surface drainage to
eliminate casual water pockets, and so as not to infringe on neighboring property.
Each Owner shall maintain the landscaping and yard area in an attractive appearance and free
from insects and diseases and noxious weeds. Each Owner shall provide for the timely
replacement of lost plant life and bark dust, and trimming and pruning of plant material to prevent
an overgrown look. Hedges must be kept trimmed and neat and not exceed six (6) feet in height.
No hedge, shrubs or other plantings or any fence shall be permitted which unreasonably
obstructs the view of an Owner or motor vehicle driver.
Section 5.9 - Landscaping of Boulevards: All Lots shall be landscaped to the paved street.
Boulevards shall be grass only except plantings approved by the City of Kalispell.
Section 5.10 - Fences: Fences shall not exceed six (6) feet in height. In no event shall a fence
project beyond the front walls of any residence or any garage. All fences shall be constructed of
either wood or vinyl. Wire fences are prohibited.
Section 5.11 - Owners' Obligation to Repair: Each Owner, at the Owner's sole cost and
expense, shall repair the Owner's residence, keeping the same in a condition comparable to the
condition of the residence at the time of its initial construction, excepting only normal wear and
tear.
Section 5.12 - Owners' Obligations to Rebuild: If all or any portion of a residence is damaged
or destroyed by fire or other casualty, it shall be the duty of the Owner or Owners, with all due
diligence, to rebuild, repair, or reconstruct the residence in a manner that will substantially restore
it to its appearance and condition immediately prior to the casualty. Reconstruction shall be
undertaken within six (6) months after the damage occurs, unless prevented by causes beyond
the control of the Owner or Owners.
CC&Rs for Jaxon Ridge Subdivision
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Section 5.13 - Mobile Homes and Trailers for Residential Purposes: No house trailer, mobile
home, doublewide or any other prefabricated structure designed to be hauled or moved on
wheels, shall be used for residential purposes. No structures of a temporary character, trailer,
tent, shack, garage, or other outbuilding shall be used on any Lot at any time as a residence,
whether temporarily or permanently.
Section 5.14 - Commercial Activities: No Lot or any part of the herein described Property shall
be used at any time for any manufacturing or other commercial purpose that would cause any
significant increase in traffic. Lawful home occupation businesses shall comply with the
requirements of the City of Kalispell, including, without limitation, Municipal Code Section
27.20.060, as amended.
Section 5.15 - Vehicles: No truck (except pickups of 3/4 ton hauling weight or less), house
trailer, motor home, camper, boat, motorcycles, motor -scooters, or trailer of any type shall be
stored or parked on any Lot or street other than temporarily (in no case in excess of 24 hours)
and then solely for the purpose of loading or unloading or a service call; provided, however, that
each vehicle may be kept within an Owner's enclosed garage. No vehicles of any kind shall be
parked on any portion of the Property while such vehicles are in a state of disrepair or while being
repaired.
Section 5.16 - Signs: No signs, advertising, billboards or advertising structures of any kind shall
be erected, used or maintained on the Property except for the purpose of advertising for sale or
rent the Property upon which it is erected, except as provided in section 6.1(d). This Section shall
not be construed to limit a Member's right to place and display a sign advocating the election,
appointment, or defeat of a candidate for public office or the passage or defeat of a ballot issue,
as permitted by MCA 70-1-522, as amended, and as regulated by such rules and regulations that
the Association may hereafter lawfully adopt.
Section 5.17 — Garbage: No rubbish, trash, garbage, or other waste material shall be kept or
permitted on any Lot or on any Common Area. All waste shall be removed as often as reasonably
necessary. Equipment for the disposal of such material shall be concealed except for the day of
garbage pickup and must be removed from the street within one day of the day of garbage
pickup. No part of the Property shall be used or maintained as a dumping or storage ground for
rubbish, trash, garbage, old automobiles or other wastes.
Section 5.18 - Common Area: No Owner shall deposit debris such as lawn clippings, limbs,
shrub trimmings, or garbage of any nature in the Common Area. The Common Area is to be left
in its natural state, other than as reasonably required by the Association, a governing
municipality, or the Declarant to access, repair, replace, or update current conditions and
improvements.
Section 5.19 —Animals: No animals of any kind shall be raised, bred, or kept on any Lot, except
that dogs, cats, and other domestic animals may be kept and raised, but not for commercial
purposes. Permitted animals must be confined to the Lot of their Owner and not permitted to run
at large.
CC&Rs for Jaxon Ridge Subdivision
Page 11
Section 5.20 - Nuisances: No noxious or offensive activity shall be carried on or permitted upon
any Lot, nor shall anything be done thereon which is or may become an annoyance or nuisance to
the neighborhood.
Section 5.21 - Rules and Regulations: The Board of Directors may from time to time adopt,
amend or terminate rules and regulations concerning the Common Area and/or actions or
activities within Jaxon Ridge that have an impact on other Owners. A copy of any such rules and
regulations shall be sent to all Owners. All Owners and their family, guests and invitees shall
abide by any such rules and regulations.
ARTICLE VI
DECLARANT RIGHTS
Section 6.1 - Completion of Work and Establishment of Subdivision: Declarant or the
transferees of Declarant shall undertake the work of developing all Lots included within the Jaxon
Ridge Subdivision, The completion of that work, and the sale, rental, or other disposal of
residential units is essential to the establishment and welfare of the Property as an ongoing
residential community. In order that such work may be completed and the Property established as
a fully -occupied residential community as soon as possible, nothing in this Declaration shall be
understood or construed to:
(a) prevent Declarant, Declarant's transferees, or the employees, contractors or subcontractors
of Declarant or Declarant's transferees from constructing and maintaining on any part or
parts of the Property owned or controlled by Declarant, Declarant's transferees, or their
representatives, whatever they determine may be reasonably necessary or advisable in
connection with the completion of such work;
(b) prevent Declarant, Declarant's transferees, or the employees, contractors or subcontractors
of Declarant or Declarant's transferees from constructing and maintaining on any part or
parts of the Property owned or controlled by Declarant, Declarant's transferees, or their
representatives, such structures as may be reasonably necessary for the completion of such
work, the establishment of the Property as a residential community, and the disposition of
Lots by sale, lease, or otherwise;
(c) prevent Declarant, Declarant's transferees, or the employees, contractors, or subcontractors
of Declarant or Declarant's transferees from conducting on any part or parts of the Property
owned or controlled by Declarant or Declarant's transferees or their representatives the
business of completing such work, of establishing the Property as a residential community,
and of disposing of Lots by sale, lease, or otherwise; or
(d) prevent Declarant, Declarant's transferees, or the employees, contractors, or
subcontractors of Declarant or Declarant's transferees from maintaining such sign or
signs on any of the Lots owned or controlled by any of them as may be necessary in
connection with the sale, lease, or otherwise of such Lots.
CC&Rs for Jaxon Ridge Subdivision
Page 12
As used in this section, the words "Declarant's transferees" specifically exclude purchasers of
Lots improved with completed residences.
Section 6.2 - Sales Office and Model Unit: Declarant shall have the right to maintain a sales
office and model unit in one or more of the Lots or living units which the Declarant owns. The
Declarant and prospective purchasers and their agents shall have the right to use and occupy the
sales office and model during reasonable hours any day of the week. Declarant may assign these
rights to other developers of Lots or living units on the Property.
Section 6.3 - Unilateral Amendment by Declarant: At any time, before or after the Period of
Declarant Control, so long as Declarant owns a Lot, Declarant my unilaterally amend this
Declaration (1) if such amendment is solely to comply with applicable law or correct a technical or
typographical error, (2) if such amendment does not adversely alter any substantial rights of any
Owner or mortgagee, or (3) in order to meet the guidelines or regulations of a mortgagor or
insurer including, but not limited to, the Federal National Mortgage Association, the Federal Home
Loan Mortgage Corporation, the Federal Housing Administration, or the Veterans Administration
or any similar agency. Such amendments shall not require approval of any Owners.
Section 6.4 - Expansion:
Section 6.4.1 - Declarant May Expand: Declarant reserves the right, but will not be obligated to
expand the effect of this Declaration to include additional property. The consent of the existing
Owners, the Association or the Board of Directors of the Association will not be required for any
such expansion, and Declarant may proceed with such expansion without limitation at its sole
option.
Section 6.4.2 - Declaration of Annexation: Any expansion may be accomplished by recording a
Declaration of Annexation and one or more supplemental plats in the records of the Clerk and
Recorder of Flathead County, Montana. The Declaration of Annexation will describe the real
property to be annexed, submitting it to this Declaration. Upon such annexation, each lot in the
annexed property will be allocated one vote and liability for the Common Expenses equal to the
liability allocated to each of the other Lots, and the proportionate voting interest and allocation of
Common Expenses for the other Lots will be adjusted accordingly. Upon such annexation, each
owner of a lot in the annexed property shall automatically become a member of the Association.
Such Declaration of Annexation will not require the consent of Owners, the Association, or the
Board of Directors of the Association. Any such expansion will be effective upon the filing for
record of such Declaration of Annexation, unless otherwise provided therein. The expansion may
be accomplished in stages by successive supplements or in one supplemental
expansion. Upon the recordation of any such Declaration of Annexation, the definitions used in
this Declaration will be expanded automatically to encompass the annexed property. Such
Declaration of Annexation may add supplemental covenants peculiar to the annexed property, or
delete or modify provisions of this Declaration as it applies to the annexed property. However, this
Declaration may not be modified with respect to that portion of the Property already subject to this
Declaration, except as provided below for amendment.
CC&Rs for Jaxon Ridge Subdivision
Page 13
ARTICLE Vil
DURATION AND AMENDMENT
Section 7.1 - Duration of Declaration: These covenants, conditions, and restrictions are to run
with the land and shall be binding on all parties and all persons claiming under them for a period
of fifteen (15) years from the date these covenants, conditions, and restrictions are recorded after
which time said covenants, conditions, and restrictions shall be automatically extended for
successive periods of ten (10) years, unless the written consent of Owners holding seventy-five
percent (75%) or more of the votes in the Association has been recorded, agreeing to change
said covenants, conditions and restrictions in whole or in part.
Section 7.2 — Amendment: Subject to the limitations of Section 6.3 and Section 6.4, this
Declaration of covenants, conditions, and restrictions, or any provision of it, may be terminated,
extended, amended, or revoked as to the whole or any portion of the Property as follows:
Section 7.2.1 - Prior to and After Sale of Lots During Period of Declarant Control: Prior to
the sale of any Lot (excluding any sale to a person or entity affiliated with Declarant), and after
sale of lots during period of Declarant Control, Declarant may terminate, extend, amend, or
revoke this Declaration as to the whole or any portion of the Property by recording in the records
of Flathead County, Montana, a document signed by the Declarant stating the action taken.
Section 7.2.2 - Declarant Approval: No termination, extension, or amendment of this
Declaration will be effective in any event during the Period of Declarant Control
unless the written approval of Declarant is first obtained.
Nothing in this section should be construed to permit the abandonment of the Association's
responsibility for the maintenance of Common Area identified herein.
ARTICLE VIII
MISCELLANEOUS
Section 8.1 - Effect of Provisions of Declaration: Each provision contained in this Declaration,
and any agreement, promise, covenant and undertaking to comply with each provision contained
in this Declaration, and any necessary exception or reservation or grant of title, estate, right or
interest to effectuate any provision contained in this Declaration: (a) shall be deemed
incorporated in each deed or other instrument by which any right, title or interest in any real
property within Jaxon Ridge Subdivision is granted, devised or conveyed. whether or not set forth
or referred to in such deed or other instrument: (b) shall, by virtue of acceptance of any right, title
or interest in any real property within Jaxon Ridge Subdivision by an Owner or the Association, be
deemed accepted, ratified, adopted and declared as a personal covenant of such Owner or
Association, as the case may be, and as a personal covenant, shall be binding on such Owner or
Association and such Owner's or Association's respective heirs, personal representatives,
CC&Rs for Jaxon Ridge Subdivision
Page 14
successors and assigns; (c) shall be deemed a real covenant by Declarant, for itself, its
successors and assigns, and also an equitable servitude, running, in each case, as a burden with
and upon the title to each parcel of real property within Jaxon Ridge Subdivision, including
property that may hereafter become part of Jaxon Ridge Subdivision; and (d) shall be deemed a
covenant, obligation and restriction secured by a lien, binding, burdening and encumbering the
title to each parcel of real property within Jaxon Ridge Subdivision, which lien with respect to any
Lot shall be deemed a lien in favor of Declarant and/or the Association.
Section 8.2 - Enforcement and Remedies: The Declarant, the Association, and/or any Owner
or Owners of Lots shall have the right to enforce all covenants, conditions, and restrictions now or
hereafter imposed by the provisions of this Declaration. Any enforcement action may be by a
proceeding for such relief as may be provided at law or in equity, including but not limited to a
temporary or permanent injunction and/or a suit or action to recover damages. Each provision
contained in this Declaration shall be enforceable by the Association or by any Owner who has
first made written demand on the Association to enforce such provision and 30 days have lapsed
without appropriate action having been taken by the Association. Any enforcement action may be
by a proceeding for such relief as may be provided at law or in equity, including but not limited to
a temporary or permanent injunction and/or a suit or action to recover damages.
Section 8.3 - Limited Liability: Neither the Declarant, the Association, or their respective officers,
directors, employees or agents 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 8.4 — Headings: The headings are included only for purposes of convenient reference,
and they will not affect the meaning or interpretation of this Declaration.
Section 8.5 - 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 8.6 - Attorney's Fees: In the event of a dispute arising under any provision contained in
this Declaration, the prevailing party shall be entitled to its reasonable costs and attorney's fees
incurred. It is expressly understood by any person purchasing a Lot in this Property, that if an
action is successfully brought against an Owner for a violation of the terms of this Declaration,
that a reasonable attorney's fee shall be assessed against the Owner in addition to costs and any
other damages.
Section 8.7 - 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
or any valid and enforceable part of a provision of this Declaration.
Section 8.8 - Limited Liability: Neither the Declarant, the Association, or their respective officers,
directors, employees, or agents 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.
CC&Rs for Jaxon Ridge Subdivision
Page 15
DATED this [ Lth day of
(Signature of Declarant)
STATE OF MONTANA )
ss
County of FLATHEAD )
2021.
Sid1rius Conslucgl�, LLC
O�ll i
ius, Managing Member
On this 11 day of 2021, before me, the undersigned, a Notary Public
for the State of Montana, personally appeared DOUG SIDERIUS, known to me to be the person
whose name is subscribed to the within instrument and acknowledged to me that he executed the
same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal, the day and
year in this certificate last above written.
+ N�A nn. p LEANN M. BARE
rr��� NOTRRY PUBLIC for the
SEAL * State of Montana
Residing at Kalispell, MontE
0�e My Commission Expires
qr� aF Mo�e September 22, 2021
Notary Public for the State of Montana
Residing at:
My Commission expir s:
CC&Rs for Jaxon Ridge Subdivision
Page 16
After recording mail to:
B.I.D., Inc,
285 2"d Ave W.N. #102
Kalispell MT 59901
COMMON FACILITIES AGREEMENT WITH
DECLARATION OF EASEMENTS, COVENANTS,
CONDITIONS AND RESTRICTIONS
This Common Facilities Agreement with Declaration of Easements, Covenants, Conditions and Restrictions, (hereafter
"Agreement"), is by and between Siderius Construction, LLC, a Limited Liability Company, (hereafter "Developer").
Developer does hereby declare that the Properties described below shall at all times be owned, held, used and
occupied subject to the provisions contained in this Agreement.
Recitals
Whereas, Declarant is the owner of certain real property in Flathead County, Montana, known as Jaxon Ridge
Subdivision, for which a plat or map thereof is on file and of record in the office of the County Clerk and Recorder of
Flathead County, Montana;
Whereas, the Jaxon Ridge Subdivision is subject to that certain Declaration of Covenants, Conditions and Restrictions
of Jaxon Ridge, recorded on. 2021, under County Clerk and Recorder's number.
(hereafter "CC&Rs");
Whereas, the Declarant has or will cause a Townhouse structure containing two contiguous residential dwellings to
be constructed an the Properties described below, which shall be subject to the CC&Rs, as well as this Agreement;
Whereas, the Declarant is the owner in fee simple of the adjacent Properties described as follows:
1. All lots of Jaxon Ridge, according to the map or plat thereof on file and of record in the office of the Clerk
and Recorder, Flathead County, Montana.
Whereas, the two contiguous residential dwellings that make up the Townhouse on the Properties are or will be
separated by a "Party Wall", and will share a common roof, foundation, driveway slab, Party Fence, and other
Common Facilities as described herein;
Whereas, MCA 70-17-101 permits certain burdens and servitudes upon land which may be attached to other land as
incidents or appurtenances and treated as easements; and,
Whereas, the Declarant, for itself and its successors in title, desires to enter into this Agreement to establish the
rights and responsibilities, covenants, conditions, restrictions, easements, and other provisions of this Agreement as
to the use, occupancy and enjoyment of the Common Facilities on the Properties:
Page 1
Agreement
NOW THEREFORE, to further the general purposes herein expressed, Declarant does hereby establish, publish and
declare that the following covenants, conditions, restrictions, easements and other provisions shall run with the land,
shall be a burden and a benefit to Declarant and to each person and entity having any interest in any part of the
Properties, and each of their respective heirs, personal representatives, executors, administrators, devisees,
successors and assigns.
Section 1-Recitals. The foregoing Recitals are true and accurate, and are incorporated herein by reference.
Section 2 - Definitions. In addition to terms defined elsewhere in this Agreement, the following terms used in this
Agreement shall have the following meanings:
2.1. Common Facilities. "Common Facilities" shall mean and include collectively all of the following
improvements servicing both Properties and now or hereafter existing on the Properties:
2.1.1. Party Wall. "Party Wall" shall mean and refer to the common wall between
and dividing each adjoining Townhouse dwelling unit and located on the
division line between the Properties.
2.1.2. Party Foundation. "Party Foundation" shall mean and refer to the common
foundation elements, located above and below ground level, between and
dividing each adjoining Townhouse dwelling unit and located on the division
line between the Properties.
2.1.3. Party Roof. "Party Roof" shall mean and refer to the common roof elements
shared by the adjoining Townhouse dwelling units and located on the division
line between the Properties.
2.1.4. Party Fence. "Party Fence" shall mean and refer to the exterior fences, if
any, separatingthe two Properties.
2.1.5. Party Slab. "Party Slab" shall mean and refer to any common improved
surface located partially on both of the adjoining Townhouse dwelling units as
well as on the division line between the Properties including, without limitation,
any common driveway or patio surface, whether constructed of concrete,
asphalt, brick pavers, or other material.
2.1.6. Other Common Improvements. "Other Common Improvements" shall mean
any and all structures, buildings, improvements, pavement, landscaping,
utilities, and fixtures of any kind now or hereafter located on any part of the
Properties which either divide the Properties, are located on the division line
between the Properties, or are common to the two adjoining Townhouse
dwelling units on the Properties.
Page 2
2.2. Owner. "Owner" means any person or entity owning a fee simple interest in one or both of the
Properties, or a contract purchaser, whether one or more persons or entities, owning or purchasing one or
both of the Properties, and their successors in title, but excluding those having a mortgage or an interest
merely as security for the performance of an obligation; provided, however, that prior to the first
conveyance of either of the Properties for value, the term "Owner shall mean the "Declarant" or its
successors or assigns.
2.3. Properties. "Properties" means the real Properties which are and shall be held, transferred, sold and conveyed
subject to the covenants, conditions, restrictions, easements and provisions herein set forth, and which are
more particularly described on the first page of this Agreement.
2.4. Townhouse. "Townhouse" shall mean the building or buildings containing two contiguous residential single-
family dwelling units located on the adjacent Properties, with each dwelling unit separated from the other
similar dwelling unit by a common Party Wall having no doors, windows or other provisions for human passage
or visibility. Each of the attached dwelling units has or will have (a) independent water and sewer service lines
and metering pursuant to the applicable plumbing code and any other City of Kalispell regulations, and (b)
a 2-hour fire wall separating each dwelling unit from the adjoining dwelling unit.
Section 3 - Shared Use and Maintenance of Common Facilities. Each Owner shall have and is hereby granted a one-
half, undivided interest in and to the Common Facilities. Each Owner may use the Common Facilities in accordance
with the purposes for which they are intended but may not hinder or encroach upon the lawful rights of the other
Property's Owners, Neither Owner shall have the right to damage, destroy, remove, or make any structural changes
to the Common Facilities without the prior written consent of the other Owner, except as allowed by this Agreement.
3.1. Maintenance of Common Facilities. The Owners of both Properties shall keep the Common Facilities in a
condition of good order and repair and shall cause such inspection, maintenance, repair, restoration and
replacement as may be necessary to keep the Common Facilities in such condition. In the event of damage to or
the destruction of any Common Facilities, the Owners of both Properties shall, with due diligence, repair,
restore and/or replace the damaged or destroyed Common Facilities to substantially the same condition which
existed priorto the damage or destruction, including the use of the same or similar materials and in the same
proportions, and each Owner shall have the right to the full appropriate use of the Common Facilities as so
repaired, restored and/or replaced.
3.2 Exterior decoration. In order to maintain uniformity, the entire exterior of the two residential
Townhouse dwelling units have been painted in the same color and roofed with the same color and style of
roofing material. The aesthetics of the continuation of a common color scheme for the Townhouse dwelling units
is in the best interest of the Owners of the residential units. The exteriors of the Townhouse dwelling units on
the Properties shall therefore be decorated, painted and roofed with uniform materials and uniform color(s).
Should the Owners wish to modify the existing colors, roofing, or other decoration, the owners must mutually
agree in writing to such uniform changes. Otherwise, the exterior paint colors, roofing material and color,
and/or other decoration shall be of the equivalent color, material, and style as when the Townhouse residences
on the Properties were constructed.
3.3. Party Slab. if any Party Slab repairs are required, and if the entire monolith structure
must be involved in the repair process, the Owners of both Properties shall cooperate
regarding repairs.
Page 3
Section 4 - Responsibility for the Costs of Common Facilities. The cost of maintaining any of the Common Facilltles
shall be borne by one or both of the Owners as described in this Agreement.
4.1. Shared Costs. If the owner of a Property has caused an inspection, maintenance, repair,
restoration or replacement of any Common Facilities having complied with Section 4.2 below, then except as
provided in Section 4.3, the cost of such inspection, maintenance, repair, restoration or replacement
(hereinafter referred to as the "Work") shall be shared equally by the Owners of both Properties in the
following situations:
4.1.1. The Work is approved by the owner of the other Property; or,
4.1.2. The Work is reasonably required in order to keep the Common Facilities in a
condition of good order and repair, or in order to repair, restore and/or replace
damaged or destroyed Common Facilities; or,
4.1.3 The Work is immediately required for the habitability of the Townhouse dwelling unit
on the Property of the owner causing the Work or for the health, safety or welfare of
occupants of such a dwelling unit,
If an Owner receives a bill for expenses that pursuant to this Agreement are to be shared
by the Owners of both Properties, such Owner shall provide a copy of the bill to the other
Owner, and such other Owner shall pay, within 10 days after receipt of such bill, said
Owner's share of the amount due to the Owner who received the bill. The Owner who receives
the bill shall cause the bill to be paid in a timely manner. All amounts required to be paid by
an Owner under this Agreement shall be the personal and individual obligation of such Owner.
4.2. Conditions for Cost Sharing. Before the owner of a Property causes any inspection,
maintenance, repair, restoration or replacement of any Common Facilities, such Owner
shall first do the following:
4.2.1. Give reasonable prior notice of such Work to the Owner of the other Property;
and,
4.2.2. Make diligent, good faith efforts to reach an agreement with the owner of
the other Property as to the nature, scope, timing, cost and other details of such
work, and the arrangements among the Owners of the Properties for the payment of
the costs of such work.
In the case where immediate action is required, i.e., a condition that is immediately threatening to the safety of
persons or property, and it would not be reasonable under the circumstances to give prior notice of Work, the notice
requirements of this Section 4.2 may be disregarded.
4.3. Sole Responsibility for Costs.
4.3.1. Notwithstanding anything to the contrary stated in this Agreement, if the
negligence or willful act or omission of a Property's Owner or occupant or of
such Owner's guests, invitees or agents causes damage to or destruction of
Common Facilities, such Owner shall bear the entire cost of repair, restoration and/or
replacement necessary to repair, restore and/or replace such Common Facilities to
substantially the condition that existed before the occurrence of the damage or
destruction.
Page 4
4.3.2. To the extent that one Owner's personal part of Common Facilities is damaged (i.e. such as
the interior sheetrock, paint, wallpaper, or trim attached to the interior of a Party Wall) in a
situation that is not incident to general damage to the Common Facilities, then the Owner
of the damaged portion of the Party Wall or other Common Facilities shall repair its portion of
the Common Facilities at its own cost and expense.
4.4. Additional Remedies for Failure to Pay or Contribute. If either Owner shall neglect
or refuse to timely pay his or her share of costs, whether that share be a portion or all of the costs as allocated
herein, and where the other Owner has Common Facilities repaired or restored, the other Owner shall be
entitled to have a mechanic's lien on the Property and dwelling unit of the Owner failing to pay for the amount
due from such defaulting Owner for the repair or replacement costs together with interest at the
maximum rate allowable. The Owner having such Common Facilities repaired or replaced shall, in addition to
the mechanic's lien, be entitled to recover all reasonable attorney's fees and costs associated with the
mechanics lien and shall be entitled to all other remedies provided herein or by law. The mechanic's lien granted
herein is effective only if filed in the real property records of Flathead County, by affidavit declaring under oath
the claim of the mechanic's lien. The Owner's lien may be foreclosed in like manner as a mortgage on real
property. All amounts due for satisfaction of the lien shall also be the personal obligation of the defaulting
Owner.
Section 5 - Other Liability. Any injury to third parties caused by the use, maintenance or modification of the Common
Facilities is the responsibility of both Property Owners jointly, unless the injury is caused by the act or omission of one
of the Owners, in which case the Owner whose act or omission caused the injury shall be solely liable.
Section 6 - Easements. In addition to all other easements to which the Properties are subject, the Properties shall be
subject to the easements set forth on the Jaxon Ridge Subdivision Plat and the easements provided for in this
Agreement, even if not specifically shown on the Plat. Such easements created by this Agreement are and shall (a)
remain burdens upon the interest and ownership of each Property, (b) be appurtenant to and conveyed as a part of a
Property without additional reference in the conveyance, (c) be inseparable from the ownership of a Property, and (d)
not be separately conveyed, except by amendment to this Agreement. The easements herein created are non-
exclusive, perpetual easements that shall run with the land, provided that if the Properties are ever recombined into
a single parcel, the easements shall thereupon terminate. Said easements shall be interpreted to give equal rights of
use of each easement to the dominant and servient estates.
6.1. Easements Created for Initial Encroachments. Should any of the Common Facilities
on the Properties be so constructed that any part of the Common Facilities extend over the boundary line of one
Owner's Property and onto the Property of the adjoining Owner, the Common Facilities of such Property so
extended shall remain as situated and shall be construed and deemed to be a Common Facility of the
Properties, so that in the event an encroachment exists, neither Owner shall be compelled to take down or
remove such Common Facilities for so long as the same shall remain standing. Such encroachment shall be
deemed permissive, with no adverse or prescriptive rights created on the Property that is burdened by the
encroachment.
6.2. Reciprocal Easements Created for Access. Each Property Owner (and its agents, contractors or
employees) shall have and is herebygranted a perpetual easement on, over, across, in, under and through the
one-half, undivided interest held by the other Owner in and to the Common Facilities on the Properties for the
sole purpose of access in a reasonable manner and at reasonable times for purposes of installation,
inspection, maintenance, repair, restoration and replacement of the Common Facilities.
Page 5
Such rights are only to be exercised upon reasonable prior notice to the other Property Owner and only
to the minimum extent necessary to perform such installation, Inspection, maintenance, repair, restoration and
replacement to carry out the purpose and intent of this Agreement.
6.3. Easements Created for Future Encroachments. To the extent that Common Facilities may be deemed to be an
encroachment by one Property on the other Property by reason of error in location due to settlement or
innocent error in the restoration thereof, there is hereby created a perpetual easement in favor of the Property
from which the encroachment exists for the purposes of maintenance and support of each encroachment. Such
encroachment shall be deemed permissive, with no adverse or prescriptive rights created on the Property that is
burdened by the encroachment.
Section 7 — Resolution of Disputes. Except in the case of an emergency, if the Owners cannot reach a mutual
agreement about their obligations for the maintenance or repairs or for damage or destruction to Common Facilities,
then the Owners mutually agree to first submit the dispute to mediation within 15 days of the initial written
notification of the dispute. The Owners shall agree upon a mediator. In the event the Owners are unable to agree
upon a mediator within 10 days after the expiration of the 15 day notice period, the Owners shall each select a
mediator and those mediators shall agree upon another mediator who shall conduct the mediation. The Owners shall
share equally the mediator's fee and any other costs or filing fees. Agreements reached in mediation shall be
enforceable as settlement agreements in any court having jurisdiction thereof. If the Owners fail to reach agreement
in mediation, each Owner shall have the right to enforce, by a proceeding at law or in equity, the provisions of this
Agreement.
Section 8 - Additional Covenants. The covenants, conditions and limitations imposed herein shall be deemed
covenants running with the land and running with each Property for the benefit of, and as a limitation and burden
upon each Property, and upon all future Owners of the Properties, and their heirs, personal representatives,
executors, administrators, devisees, successors and assigns, who will be subject thereto in all respects as though the
covenants, conditions and limitations imposed herein had been specifically included in the deed transferring title to
the Property and made a part thereof, and deemed accepted, ratified, adopted and declared as a personal covenant
of the grantee(s) under such deed. The right of the Property Owners to use Common Facilities from time to time shall
be perpetual, but the covenants contained herein shall not be personally binding upon a Property Owner from time to
time except with respect to obligations existing or to a breach occurring during the period that a party is the owner of
either Property.
8.1. Jaxon Ridge Subdivision CC&Rs. The Properties described in this Agreement are
a part of the Jaxon Ridge Subdivision and are subject to the CC&Rs for the Jaxon Ridge Subdivision.
As such, each Owner of a Property described herein shall automatically become a member of the Jaxon Ridge
Homeowners Association and shall be subject to the CC&Rs and Bylaws of that organization.
8.2. Covenant for Quiet Enjoyment. The Owners recognize that sharing a Party Wall can result in sound from one
Townhouse dwelling unit being audible in the adjoining Townhouse dwelling unit. Each Owner agrees not
to create sound or allow others to create sound in their Townhouse dwelling unit that is unreasonably disturbing
to the occupants of the adjoining Townhouse dwelling unit. If either Owner elects to rent his or her Property, the
lease or rental agreement shall require the tenants to comply with the duty to minimize sound that can be heard
in the adjacent Townhouse dwelling unit. If tenants do not reasonably respect this requirement, the parties may
pursue appropriate remedies and defenses available under law.
Page 6
8.3. Covenant of Reasonable Care. Each Property Owner affected by this Agreement shall be responsible for the care
and maintenance of his or her individual Townhouse dwelling unit and other improvements that may be located
upon the Owner's Property, including doors, windows, siding, roofing, etc., as well as Common Facilities located
on his or her Property. All repairs and maintenance to an Owner's Property shall be performed in such a
manner that the Common Facilities and the adjoining Property shall not be adversely affected. In this regard, all
maintenance and repairs shall be carried out in a manner that will restore the building as close as possible to its
original condition, including colors. All replacement parts shall he exact duplicates of the original parts, if
possible.
8.4. Covenant of Cooperation During Reconstruction. If either Owner desires to reconstruct all or part of the
Owner's residence, or do anything which will impact the Common Facilities, or if the Owner desires to undertake
any construction activity which requires a building permit to be signed by both Owners, such Owner shall notify
the other Owner in writing prior to submitting the permit application and shall include the proposed plans for
reconstruction in such written notice. Each Owner agrees that it shall pay any and all costs of its own
construction activities and shall make every effort to continue availability of Common Facilities to the other
Owner during the period of construction. If applicable law and/or the City of Kalispell require the joinder of the
Owners of both Properties in the application for any permit, the Owner seeking to permit any construction must
obtain the approval and joinder of the other Owner, which approval must not be unreasonably withheld.
8.5. Covenant to Keep Properties Free from Certain liens. Unless otherwise provided in
this Agreement for permissible Work relating to the Common Facilities, each Owner agrees that no
improvement or repair made to the residential structure or other improvements on the Owner's Property
shall result in encumbrances or liens on the other Owner's Property, and that the Owner shall be liable to the
other Owner for all mechanics liens and any associated fees and costs in obtaining the release of any lien
such as but not limited to, payment of the lien and any applicable interest thereon, attorneys' fees, recording
fees, and court fees and costs, as well as all losses, liabilities, damages, claims, costs and expenses, including
reasonable attorney's fees, resulting from the existence of the prohibited lien.
Section 9 - Duration, Termination, and Amendment.
9.1. Termination Upon Total Condemnation. If both of the Properties are taken,
condemned, sold or otherwise disposed of in lieu or in avoidance of condemnation,
then the regime created by this Agreement shall terminate,
9.2. Other Termination or Amendment. The provisions of this Agreement shall continue
and remain in full force and effect until the earlier of (a) January 1, 2098, or (b) the
date when the Common Facilities no longer exist and where there is no intent by
either Property Owner to rebuild them. This Agreement may only be changed,
modified or terminated by a written instrument executed by all of the then -Owners of
both Properties subject to this Agreement and recorded in the real estate records of
Flathead County, Montana.
Section 10 - Insurance. Each Owner shall obtain and keep in force homeowners insurance insuring their building and
their interest in the Common Facilities for their full insurable replacement value against fire and other customary
casualties. Each Owner shall also obtain and keep in force liability insurance covering their Property and their interest
in the Common Facilities. On request of either Owner, the other Owner shall provide written proof of such insurance.
Page 7
Section 11— Non -Merger of Real Property Interests. it is acknowledged that as of the date of execution of this
Agreement by the Declarant, the two Properties are owned by the same entity. However, it is anticipated that the
common ownership of the two Properties will be severed at some time in the near future. It is the express intent of
the Declarant that the easements and other rights, privileges and covenants provided herein shall not be deemed to
be merged or ineffective by reason of the present common ownership of the two Properties. If for any reason the
present common ownership of the two Properties is deemed to cause a merger or otherwise render ineffective any
easements, rights, privileges and covenants provided herein, all such easements, rights, privileges and covenants shall
be deemed automatically granted and re -granted and in full force and effect at such time as the common ownership
is severed by conveyance of one of the Properties to a third party, and all such easements shall thereupon be deemed
to be effective and in full force and effect without any further action by the Property Owners ortheir successors or
assigns. For purposes of this Agreement generally, the doctrine of merger shall not apply.
Section 12 — Application of General Law. Any matters concerning the Common Facilities which are not covered by
the terms of this Agreement shall be governed by the general rules of law regarding the particular Common Facility
involved, including general rules relating to liability for personal or property damage due to negligence or willful acts
or omissions.
Section 13 — General Use of Properties and Common Facilities. The Property Owners shall not use the Properties for
any purpose other than that of a residence and shall not use the Properties or any part thereof for any illegal purpose.
The Property Owners agree to conform to municipal, county and state codes, statutes, ordinances and regulations
concerning the use and occupation of said Properties. The Property Owners shall maintain the Properties and the
Common Facilities in substantial conformance with all applicable provisions of municipal, county and state codes,
statutes, ordinances and regulations governing maintenance or operation of such Properties and Common Facilities.
Section 14 — Rights and Remedies Cumulative. The rights and remedies under this Agreement are cumulative, and
the use of any one right or remedy by either Owner will not preclude or waive that Owner's right to use any other
right or remedy. These rights and remedies are in addition to any other rights the Owner's may have by law, statute,
ordinance, or otherwise.
Section 15 — Attorney's fees. In the event of a dispute arising under any provision contained in this Agreement, the
prevailing party shall be entitled to its reasonable costs and attorney's fees incurred. It is expressly understood by any
person or entity purchasing a Property described in this Agreement that if an action is successfully brought against an
Owner for a violation of the terms of this Agreement, a reasonable attorney's fee shall be assessed against the Owner
in addition to costs and any other damages.
Section 14 — Waiver. Failure by any Owner to enforce any provision of this Agreement shall not operate as a waiver of
any such provision or the right to enforce such provision thereafter, or as a waiver of any other provision of this
Agreement. No waiver of compliance with any provision or condition of this Agreement, and no consent provided for
under this Agreement, shall be effective unless evidenced by an instrument in writing duly executed by all of the
then -Owners of both Properties.
Section 15 — Gender and Number. As used in this Agreement, words in the present tense shall include the future
tense. Words used in the feminine, masculine or neuter gender shall include each other gender. The singular shall
include the plural, and the plural shall include the singular.
Section 16 - Severability. If any provision of this Agreement or the application thereof shall, for any reason and to any
extent, be invalid or unenforceable, neither the remainder of this Agreement nor the application of the provision to
other persons, entities or circumstances shall be affected thereby, but instead shall be enforced to the maximum
extent permitted by law.
Page 8
Section 17 - Governing Law/Venue. This Agreement is made and executed under and shall be governed and
construed by the laws of the State of Montana. All proceedings to enforce any of the provisions of this Agreement,
whether at law or in equity, shall be brought in and only in the courts of Flathead County, Montana, or the City of
Kalispell, Montana, as may be appropriate.
Section 18 - Conflict with Other Restrictions. Notwithstanding anything to the contrary contained in this Agreement,
in the event of a conflict between any provisions of this Agreement and any other provision of any other covenant,
condition, restriction or easement to which either Property is subject as of the date of the recording of this
Agreement, the provision which is the more stringent or restrictive shall govern and control.
Section 19 - Joint and Several Liabilities of the owners. The Owners, if more than one, having the ownership of a
Property shall agree among themselves how to share the rights and obligations of such ownership, but all such
Owners shall be jointly and severally liable for performance and observance of all of the duties and obligations of an
Owner hereunder with respect to the Property in which they own an interest. If there is more than one Owner of a
Property, the Owners shall designate one of such Owners to act as the representative of all the Owners of said
Property and shall provide written notice to the Owner of the other Property of the name, mailing address and phone
number of the designated representative, If no such designation is made, or if the Owners of a Property fail to provide
such written notice to the Owner of the other Property, the Owners of the other Property shall have the right to rely
on the statements and decisions of any Owner of such Property.
Section 20 - Notices. All notices required or permitted to be given hereunder shall be in writing. All notices or
demands to be served upon Owners of a Property shall be personally served, or sent by certified mail, postage
prepaid, addressed in the name of the representative of the Owners at the mailing address provided pursuant to
Section 19 above. If no designation of a representative is made, or if the Owners of a Property fail to provide to the
Owners of the other Property written notice of the name and mailing address of the owner of such Property or of
such Owner's representative, notice may be sent to the address of the Owner as shown on the records of the
Flathead County Assessor. Notices shall be considered effective as follows: (a) If hand -delivered, when received; or
(b) If mailed with the United States Postal Service, three days after deposit with first-class postage prepaid.
Section 21- Use of Term "Including". When the term "including" orthe term "include" is used in this Agreement, it
shall mean "including without limitation", unless the context requires otherwise.
Section 22 —Headings. The Section headings in this Agreement are included only for purpose of convenient
reference, and they will not affect the meaning or interpretation of this Agreement.
Section 23 - Mortgagee Rights. Nothing contained in this Agreement shall be construed so as to alter the rights of any
mortgagee of either Property to obtain payment of insurance monies in rebuilding, reinstating or repairing all of any
part of the dwelling units located on the land, or at its option to have such insurance monies paid to it or paid to it
partly in one way and partly in the other, or applied in whole or in part to the mortgage debt or any part thereof
whether due or not then due. IN WITNESS WHEREOF the Declarant has duly executed this Agreement as of the day
and year indicated below.
Page 9
IN WITNESS WHEREOF the Declarant has duly executed this Agreement as of the day and year indicated below.
DATED this i i day of 2021.
(Signature of Developer os the owner of each of the Properties described herein.)
Siderius Construction, LLC.
STATE OF MONTANA )
) ss.
COUNTY OF FLATHEAD )
On this—] I th day of, r—eb 2021, before me, the undersigned, a Notary Public for the State of
Montana, personally appeared Doug Siderius, known to me to be the person whose name is subscribed to the within
instrument and acknowledged to me that he executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal, the day and year in this certificate
last above written.
LEANN M. BARE
Aln 9 NOTARY PUBLIC for the
State of Montana
SEAL * Residing at Kalispell, Monte
My Commission Expires
„� „ September 22, 2021
Notary Public for the State of Montana
Residing at:
My commission expires:
Page 10
Stormwater Maintenance Agreement
Jaxon Ridge
Responsible Party
List the party that shall be permanently responsible for the maintenance of structural or
non-structural measures required by the Operation Manual.
Siderius Construction LLP - Owner
Designate personnel for inspection and maintenance:
Name: Doug Siderius
Address: 737 Ean Road; Kalispell, MT 59901 _
Contact Phone: J Cell Phone Cell: (406) 253-6891
Property Description
List legal description of property: Jaxon Ridge
Operation and Maintenance
Has the Operation and Maintenance Manual been created? X Yes ❑ No
Responsible Party shall ensure the continued performance of the maintenance obligation
in accordance with the Operation and Maintenance Manual.
Failure to Maintain Stormwater Systems
If the required maintenance and repairs are not being performed and inhibit the intended
function of the stormwater system the City may hire a contractor to perform the required
maintenance and bill the HOA, POA, or responsible property owner.
In the event the HOA, POA, or responsible property owner fail to perform the required
maintenance and repairs to the stormwater facility and inhibit the intended function of the
stormwater system, a stormwater maintenance district program may be formed in
accordance with §7-12-4102 MCA incorporating all the lots within a development. The
taxes levied within the maintenance district shall be determined by the Public Works
Department with approval by the Kalispell City Council.
By signing the Maintenance Agreement the Responsible Party shall assume full
responsib, ility for the mainten of the stormwater system.
947
�� ao
Date
JAXON RIDGE
STORMWATER DRAINAGE SYSTEM
MAINTENANCE PLAN
INTRODUCTION:
This maintenance plan has been prepared for use by developers and the Jaxon Ridge
HOA Maintenance Personnel who are responsible for maintaining those portions of the
Jaxon Ridge stormwater drainage system located outside of the public right-of-way. This
plan presents general information on drainage system design and operation, and it
presents maintenance requirements and scheduling to ensure continued effective and
efficient system performance. Maintenance personnel should be familiar with the
information provided in this manual to help ensure long system life, trouble -free operation,
and a safe and presentable drainage system for the subdivision residents, guests and
public who visit the Jaxon Ridge development.
It is important that management, maintenance personnel and the subdivision residents
understand that each has a responsibility in seeing that the drainage system is properly
maintained. If any abandons their responsibilities, the investment can easily become a
considerable and costly liability. Residents have the responsibility to make sure their
properties are kept clean and free of debris that can be washed, blown or somehow
conveyed to the stormwater catch basins, drainage swales and slough. Maintenance
personnel are responsible to make sure that functional parts of the drainage system are
properly maintained and working as intended, and management has the responsibility to
provide the maintenance personnel with adequate equipment, manpower and support
necessary to properly maintain the stormwater drainage system.
SYSTEM DESCRIPTION:
The existing property slopes down gradually from east to west or towards the slough at
the west end of the property. The new roadway is graded in the same manner. The
new road is crowned at a 2.0% slope and has drive -over curbs and gutters to collect
and convey runoff water in a westerly direction. Two catch basins (CB#1 and CB #2)
collect runoff water from the first approximately 330 ft. of road. Runoff collected in
CB#1 flows in a 12" PVC pipe to CB#2 and then from CB#2 across the cul-de-sac to
CB#3.
All water collected in Catch Basins 1 — 3 will then flow to a nearby 4'0 hydrodynamic
separator. Treated water then flows out through a 12-inch outlet line to a stormwater
detention system with a flow control manhole to restrict flow to predevelopment rates.
Water is then discharged to the slough.
A concrete energy dissipator is installed at the outlet end of the 12" discharge line and a
segmented concrete mat (Flexamat®) will be installed down the slope to protect against
erosion. The receiving slough is, in part, on Jaxon Ridge property and the water level is
about 22 ft. below the top of slope or the ground surface where units on Lots 4B — 6A
will be constructed.
Stormwater Drainage Page 1 of 3
Maintenance Plan
Runoff water on the north halves of Lots 1 B — 413 and south halves of Lots 6A — 12A will
flow to grass -lined drainage swales along the north and south property lines underlain
by 3-ft wide rock trenches. Water will flow to these swales and seep through a shallow
grass/soil layer into the rock trench. Any water not lost to infiltration will flow.in a
westerly direction and will discharge on the slope down to the slough.
MAINTENANCE RESPONSIBILITIES:
It is important that Jaxon Ridge HOA Maintenance Personnel and the residents clearly
understand how the drainage system was designed and constructed so as to better
understand how proper maintenance, or the lack thereof, affects system performance.
If maintenance of the catch basins, catch basin piping, drainage swales, weir manhole
and hydrodynamic separator by management and/or maintenance personnel is
neglected, sand, silt, clay particles, petroleum products and other debris can plug or can
flow through catch basins. This can result in a significant reduction water quality in the
slough.
Therefore, it is important that maintenance personnel understand how the drainage
system components are interrelated and how the lack of proper maintenance may
adversely affect the effectiveness of the drainage system in treating runoff water. The
maintenance activities presented in the table above, and the frequency of performing the
individual activities, are essential to the performance and longevity of the stormwater
drainage system.
ACTIVITY
FREQUENCY
JAXON RIDGE HOA RESPONSIBILITIES
Inspect condition of drainage swales. Mow grass &
spray/remove weeds. Clean swales of any buildup of silt,
Routinely
sand or debris
Inspect and clean/pump hydrodynamic separator (Contech
At Least One (1)
cos)
Time/Year
Inspect and clean the detention system and the flow control
At Least One (1)
manhole
Time/Year
Clean any silt & debris buildup at energy dissipator
At Least One (1)
Time/Year
Inspect and clean, if necessary, piping between SD MH-3
through the hydrodynamic separator, detention structure,
As Required
flow control manhole & energy dissipator
Stormwater Drainage Page 2 of 3
Maintenance Plan
Accurate and legible reports or records are essential to the successful, long-term
operation of the drainage system. Maintenance and administrative personnel can use
these records as a guide in adjusting system maintenance activities or frequencies; they
can be used as a guide in determining when major system components should be
added or replaced; and they are of great importance in establishing a reliable record of
performance and in justifying decisions, expenditures and recommendations. System
records are the only sound basis upon which to plan for corrective measures or justify
budgetary changes.
Maintenance records and reports for the Jaxon Ridge stormwater drainage system shall
be completed on a routine basis and the information shall be retained with all other
important operation, maintenance and performance records.
Stormwater Drainage Page 3 of 3
Maintenance Plan
Underground stormwater detention and infiltration systems must
be inspected and maintained at regular intervals for purposes of
performance and longevity.
Inspection
Inspection is the key to effective maintenance of CMP detention
systems and is easily performed. Contech recommends ongoing,
annual inspections. Sites with high trash load or small outlet
control orifices may need more frequent inspect -sons. The rate
at which the system collects pollutants will depend more on -
site specific activities rather than the size or configuration of the
system.
Inspections should be performed more often in equipment
washdown areas, in climates where sanding and/or salting
operations take place, and in other various instances in which
one would expect higher accumulations of sediment or abrasive/
corrosive conditions. A record of each inspection is to be
maintained for the life of the system,
Maintenance
CAhP detention systems should be cleaned when an inspection reveals
accumulated sediment or trash is clogging the discharge orifice,
Accumulated sediment and trash can typically be evacuated through
the manhole over the outlet orifice. If maintenance is not performed
as recommended, sediment and trash may accumulate in front of the
outlet orifice. Manhole covers should be securely seated following
cleaning activities. Contech suggests that all systems be designed with
on access/inspection manhole situated at or near the inlet and the
outlet orifice. Should it be necessary to get inside the system to perform
maintenance activities, ail appropriate precautions regarding confined
space entry and OSHA regulations should be followed.
Annual inspections ore best practice for all underground systems.
During this inspection if evidence of salting/de-icing agents is observed
within the system, it is best practice for the system to be rinsed,
including above the spring line soon after the spring thaw as part of the
maintenance program for the system.
fvlaintaining an underground detention or infiltration system is easiest
when there is no flow entering the system. For this reason, it is a good
idea to schedule the cleonout during dry weather,
The foregoing inspection and maintenance efforts help ensure
underground pipe systems used for stormwater storage continue to
function as intended by identifying recommended regular inspection
and maintenance practices. Inspection and maintenance related to the
structural integrity of the pipe or the soundness of pipe joint connections
is beyond the scope of this guide.
A��ii�\�TCAfV�
NOTHING IN THIS GarALOG SHOULD BE COnSTRUED .AS A WAB.GLP W APPLICATIONS SIJG3*S ED HERER,
�1►�'a4 i rm+n
ARE DESCRIBED ONLY TO HELP READERS MAKE THEIR OtvN ,VALUATIONS .L1+O DEa510.N5. AND ARE NEITHER CMP DETENTION SYSTEMS
GUAPWITEES NOR WARR+NTIES Of SUITABILITY FOR.ANYAMICATION. CONTECH MAKES NO/ARFLANVY
WH,WSOFVcP, EYPRF55 OR IMPLIED. RELATED TO THE ! MICATIONS, MATERIALS, COA7NOS, OR PRODUCTS ■/�—
DISCUSSko HEREIN+, ALL IMPLIED WARPANTI£S OF MERCHAINTAWLITY a1VD.LLL IMKIED.FARRLNIIES OF FITNESS C I NTECH°
FOR ?,NY PW!CLIOR PURPOSE ARE DISCI MMED BY CO•NTECH. SEE CONT£CH'S CCNDITI0.1+S OF i-ItE
,VAILAW AT': "'AN CONTECH£SCOM;CO51 FOR MORE LNFQRRLgTiaN ENGINEERED SOLUTIONS
s 2019 CONTECH ENGINEERED SOLunoNS uC.A OUIMIC CMIRAW
CA{P .wy TE^ A.NCE GUIDE 10/19 Pr* ALL RIGHTS RESERVED PRINTED IN USA
C ,NTECH'
ENGINEERED SOLUTIONS
CDS° Inspection and Maintenance Guide
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Maintenance
The CDS system should be inspected at regular intervals and
maintained when necessary to ensure optimum performance.
The rate at which the system collects pollutants will depend more
heavily on site activities than the size of the unit. For example,
unstable soils or heavy winter sanding will cause the grit chamber
to fill more quickly but regular sweeping of paved surfaces will
slow accumulation.
Inspection
Inspection is the key to effective maintenance and is easily
performed. Pollutant transport and deposition may vary from
year to year and regular inspections will help ensure that the
system is cleaned out at the appropriate time. At a minimum,
inspections should be performed twice per year (e.g. spring
and fail) however more frequent inspections may be necessary
in climates where winter sanding operations may lead to rapid
accumulations, or in equipment washdown areas. Installations
should also be inspected more frequently where excessive
amounts of trash are expected.
The visual inspection should ascertain that the system
components are in working order and that there are no
blockages or obstructions in the inlet and separation screen.
The inspection should also quantify the accumulation of
hydrocarbons, trash, and sediment in the system. Measuring
pollutant accumulation can be done with a calibrated dipstick,
tape measure or other measuring instrument. If absorbent
material is used for enhanced removal of hydrocarbons, the level
of discoloration of the sorbent material should also be identified
during inspection. It is useful and often required as part of an
operating permit to keep a record of each inspection. A simple
form for doing so is provided.
Access to the CDS unit is typically achieved through two manhole
access covers. One opening allows for inspection and cleanout
of the separation chamber (cylinder and screen) and isolated
sump. The other allows for inspection and cleanout of sediment
captured and retained outside the screen. For deep units, a
single manhole access point would allows both sump cleanout
and access outside the screen.
The CDS system should be cleaned when the level of sediment
has reached 75% of capacity in the isolated sump or when an
appreciable level of hydrocarbons and trash has accumulated.
If absorbent material is used, it should be replaced when
significant discoloration has occurred. Performance will not be
impacted until 100%of the sump capacity is exceeded however
it is recommended that the system be cleaned prior to that
for easier removal of sediment. The level of sediment is easily
determined by measuring from finished grade down to the
top of the sediment pile. To avoid underestimating the level of
sediment in the chamber, the measuring device must be lowered
to the top of the sediment pile carefully. Particles at the top of
the pile typically offer less resistance to the end of the rod than
consolidated particles toward the bottom of the pile, Once this
measurement is recorded, it should be compared to the as -built
drawing for the unit to determine weather the height of the
sediment pile off the bottom of the sump floor exceeds 75% of
the total height of isolated sump,
Cleaning
Cleaning of a CDS systems should be done during dry weather
conditions when no flow is entering the system, The use of a
vacuum truck is generally the most effective and convenient
method of removing pollutants from the system. Simply remove
the manhole covers and insert the vacuum hose into the sump.
The system should be completely drained down and the sump
fully evacuated of sediment. The area outside the screen should
also be cleaned out if pollutant build-up exists in this area.
In installations where the risk of petroleum spills is small, liquid
contaminants may not accumulate as quickly as sediment.
However, the system should be cleaned out immediately in
the event of an oil or gasoline spill should be cleaned out
immediately. Motor oil and other hydrocarbons that accumulate
on a more routine basis should be removed when an appreciable
layer has been captured. To remove these pollutants, it may
be preferable to use absorbent pads since they are usually less
expensive to dispose than the oil/water emulsion that may be
created by vacuuming the oily layer. Trash and debris can be
netted out to separate it from the other pollutants. The screen
should be power washed to ensure it is free of trash and debris.
Manhole covers should be securely seated following cleaning
activities to prevent leakage of runoff into the system from above
and also to ensure that proper safety precautions have been
followed. Confined space entry procedures need to be followed
if physical access is required. Disposal of all material removed
from the CDS system should be done in accordance with local
regulations. In many jurisdictions, disposal of the sediments may
be handled in the same manner as the disposal of sediments
removed from catch basins or deep sump manholes.
CDS Mode!
ft
Diameter
Distance from Water Surface Sediment Storage Capacity
to Top of Sediment Pile
m ft m y3
Support
• Drawings and specifications are available at www.mntechstormwatevcom.
• Site -specific design support is available from our engineers.
92017 Contech Engineered Solubans LLC, a QUIKRETE Company
Contech Engineered Solutions LLC provides site solutions for the civil engineering industry. Contech's portfolio includes bridges, drainage, sanitary sewer,
stormwater, earth stabiki ation and wastewater treament products. For information, visit www.ContechES_com or call 800.338.1122
NOTHING IN THIS CATALOG SHOULD BE CONSTRUED AS AN EXPRESSED WARRANTY OR AN IMPLIED WARRANT! OF MERCHANTABILITY OR FITNESS FOR
ANY PARTICULAR PURPOSE, SEE THE CONTECH STANDARD CONDITION OF SALES (VIEWABLE AT WW`KCONTECHES.COf%C05) FOR MORE INFORMATION.
The produrts) described may be protected by one or more of the following US patents: 5,372,629; 5,624,576; 5,707.527; 5,759,415; 5.788,848,
5,985,157; 6,027,639; 6,350,374, 6,406.218. 6.641.720. 6.511.595. 6,649,04& 6,991.114. 6.998,038; 7,186,058, 7.296,692, 7.297.266. 7,517,450
related foreign patents or other patents pending.
m3
CDS Model:
CDS Inspection & Maintenance Log
Location:
Date
Water
depth to
sediment'
Floatable
Layer
Thickness'
Describe
Maintenance
Performed
Maintenance
Personnel
Comments
The water depth to sediment is determined by taking two measurements with a stadia rod: one measurement from the manhole opening to the
top of the sediment p6e and the other from the manhole opening to the water surface. if the difference between these measurements is less
than the values listed in table i the system should be cleaned out. Note: to avoid underestimating the volume of sediment in the chamber,
the measuring device must be carefully lowered to the top of the sediment pile.
For optimum performance, the system should be cleaned out when the floating hydrocarbon layer accumulates to an appreciable thickness. In
the event of an oil spill, the system should be cleaned immediately.
CDs Maintenance Guide - 7118 {PDF)
SCALE I=7E-0'
SLOUGO
COMMON
AREAMRAINAGE "A"
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Sheet Title
-
PLAN & PROFILE
Drawn by TLM G
ROAD AND STORMWATER DRAINAGE u
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0 [P-o2SO S= ILILtO .10 4=yAO
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Project Title JAXON RIDGE evision(s)
Sheet Title
DRAINAGE & EROSION CONTROL
I [LAIARCH 17 2a2LT E
®APPIL 3i+ 20e
Drawn by TLM
Checked by TC
e
EJIN 7711 'SEE PLAN & PROFILE SHEET RO&SD-1
ROLLED CURB INLET FOR CATCH BASIN ELEVATIONS
EJIW 7711
IOR APPROVED EQUAL)
ROLLED CURB INLET
C OR APPROVED EDUALI FLOW
LINE
FLOW
LINES —g 1/4"
812"
8 V2- f
114" D'GRADE RING WAX,,
T GRADE RING IMAX) 6"
RESILIENT RU68ER SCOT ITYP.I � I 6 RESILIENT RUBBER BOOT fTYP.I 12- PVC. SOR 35 )GROUT INTERIOR ANNUWsy i
(GROUT INTERIOR ANNULUS) OUTLET PIPE I I!
5"
t2' IAREf PIPE 010, I?' PVC SDR 35
4'-7' OUTLET PIPE
2,r 5„ r
iG PARL OF COMPACTED 24"
--r 714'CRUSHE0BASE
a -D„
' ! 31PCOMPACT&D
{I / 314'CRU'CRUSHED SASE
6.
CATCH BASIN NO, 1"^
SCALE 314' = 1'4' -
CATCH BASIN NO, 2 & 3
SCALE N. a IL-T
T � rS C�Nq
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i'
ELEVATION VIEW
CURB CUT FOR STORMDRAINAGE 4S" I.D. CONCRETE CNA AB ER
SCALE Ur' IW wmY0R00Tf4"; SEPARATOR
(DOYMSTREAB DEFENDER)
i ------ � 77 PVC TANGE] AL ttR.ET
2933,95
I
.29ZtD$
I
1iPVDDurLrT
ar _
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PIPE COOPUNG
PLAN VIEW 'FROVICEDSTCONTRACTOR
CURB CUT FOR STORMDRAINAGE
SCAL£ T/ = 1,4r
F"I
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12' PvC
Ait HOLES
EDUIRED)
t2 PVC. SDR
MANHOLE 9
1- R DRAIN HOLES
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HYDRODYNAMIC SE
WEIR MANHOLE I
SCALE- Vr a r-V
FRONT VIEW SECTION A
ENERGY DISSIPATER ENERGY DISSIPATER
SCALE 31A' = r-v
SCALE 39' - 11.11'
JAXON RIDGE J
Project TiLle Revision(sl
L1.MARCH 17 az:: L
3,APRIL 30 702V G
i
Sheet Title
STORMWATER CATCH BASIN &
HYDRODYNAMIC SEPARATOR DETAILS Icheekedby TC r
R 051014 PERrIAfrEpT'
ERDSIDI{COrFTRDL
rf �
COMMON -R IAJ J AGE'A'
1 f
\ LOT 4B
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`^ SEPAITATCR
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COMMON / r SEED w�ioe
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AREAIDRAINAGE;`"A" ��Y/
WITH I7- " ILEI
STAR DE I"
rXls EET
LOT 5B DETMLSON5NEE7
_ LO A NEYlRRE
LOT 6B /
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STCRIAWAIER DETBERON 5 iSTEU
SEE CET'O = 11 Sai C 3-HI
SEE DEI+IILS GI! TI.y,55XE1
LOT 3A I LOT 3B
i
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1` ODUE� TER
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LOT 6A LOT 7A LOT 76 LOT SA
� I
-- -- -_-- a - - AID I A
GREENACRES WEST UNIT N0. 1
SITE PLAN
JAXON RIDGE DETENTION SYSTEM HYDRAULICS
100-YR. STORMWATER FLOW -AREAS A. B. C & D
Eleuation
Water
Depth(gI
Incremental
Volume(R')
Ircremenml
Voh)me(Gal)
1'0 Heed "'
14sclresI
1'6 0rfice
F'nri 19wnf
2.75ro Wei "'
HeadftrKhesl
2.75"O WeN
Flbn(gpml
Coned
F)ow(m-1
i}iffrrence
WOul FTow{gpm)
6xmmerMal
Fib Time(AT.)
Total Time
To Fe(FBI
292900
0.0D
I
2930.00
1.00
1.641.01
12276
12.0
172
12,
154-9
79.2
2931.00
2.D0
4030520
32-207
2300
17.2
172
31C9
101.6
180.9
2932.00
3.00
7.221)50
54.D17
36,0
21.1
6 G
651
E62
749.4
72.1
253.0
2933-00
4,p0
9.584.70
73.947
48.0
24.272
I I8.0
1121
137.1
E98.5
105.9
356.8
2934-00
500
11.525-70
86.224
60.0
34.0
145.6
172.E
A3
ISI
534.2
893.0
EMERGENCY OVERFLOW AT ELEVATION 2924.2
- is moasWoe Imm ewm, mo or orrine or opewN
CeMedne Elawibon 1'0 O fte
2925.W
Discharge Coefficient 0,62
Ceniaifne El- i- 2.75'0 OnLca
2931.50
gaDom Ortfce Osm (In.1 1.00
Lipper Onfco tliam. tln.l 2.75
P,e Ir.pm m`m 1G-Yr. Flow
31.7 spm
PosF lmpro emenr 10-Yr_ Fbw 431-5 gpm
P-4mpmwmect100•Yr Flow
1656 gpm
Pc'_1-1npm .rd ICO-Yr. Fbo 5256 gpm
�PrajeciTitle (AXON RIDGE evision(s)
&APA :R- 702-, G
Sheet Title
STORMWATER DETENTION DETAILS Drawn by TLm G
Checked by Tc
n
WAIVER TO PROTEST THE FORMATION AND PARTICIPATION
IN A SPECIAL IMPROVEMENT DISTRICT
The undersigned hereinafter referred to as Applicant has requested and received the
consideration and approval of the City of Kalispell to develop improvements within the City,
on private real property as the legally described as follows:
Jaxon Ridge
The City has approved the requisite stormwater facilities to be constructed upon the
real property owned by the Applicant upon the conditions that 1) the Applicant shall
adequately maintain the stormwater facilities pursuant to City standards and the
applicable Stormwater Maintenance Permit andthat 2) Applicant shall waive the statutory
right it has to protest a future special improvement district as afforded by MCA 7-12-
4110 for the maintenance or the reconstruction of the stormwater facilities serving the
property inthe event the Applicant fails in its maintenance obligation.
The Applicant, therefore, in consideration for the City's approval of its requisite
stormwater facility design, hereby waives right to protest the formation by the City of
Kalispell of a special improvement district pursuant to Title 7 Chapter 12 of Montana Code
Annotated which the Applicant may have or may hereafter acquire, and waive any and all
right to protest any attempt or proceedings made by or on behalf of the City of Kalispell to
form such special improvement district.
The Applicant further agrees that this Waiver to Protest to the formation of a Special
Improvement District is a covenant which shall run to, with, and be binding upon the title of
the said real property, and shall be binding upon any heirs, assigns, successors in interest,
purchasers, and any and all subsequent holders or owners of the above described real property.
Dated this -day of 26P , 202_1
STATE OF MONTANA
COUNTY OF FLATHEAD
On this a6 aay of 6A1 , before me, the undersigned Notary Public for the State of
Montana, personally appeared Ga lon Owens of Owl Corporation, Owner/Develo er who proved
to me through documentary evidence to be the person whose name is subscribed to the foregoing
instrument, and acknowledged to me that he executed the same as his free act and deed, for the
uses and purposes therein mentioned.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official Notarial Seal, the
day and year first above written.
"•Q,• NNBIRK
for lltr
SEAL'n e"a
" !I, Moalaaa
I xpires
`n'4
44
353737
Lary P Mic oIRK
Kolary P+i1ie rw lbe
WAL3ule
of �laaiaMa
ReaidiabarlCslispol,Momlawa
My COM iseioa Rapiees
Decearber4,2024
+M�
Commission Nambeu 353737
SUBDIVISION
Issued By:
Fidelity
4
Guarantee/Certificate Number:
National Title' FT1585-204197
Insurance Company
FIDELITY NATIONAL TITLE INSURANCE COMPANY
a corporation, herein called the Company
GUARANTEES
Sands Surveying, Inc.
herein called the Assured, against actual loss not exceeding the liability amount stated in Schedule A which the Assured
shall sustain by reason of any incorrectness in the assurances set forth in Schedule A.
LIABILITY EXCLUSIONS AND LIMITATIONS
1. No guarantee is given nor liability assumed with respect to the identity of any party named or referred to in Schedule A
or with respect to the validity, legal effect or priority of any matter shown therein.
2. The Company's liability hereunder shall be limited to the amount of actual loss sustained by the Assured because of
reliance upon the assurance herein set forth, but in no event shall the Company's liability exceed the liability amount
set forth in Schedule A.
Please note carefully the liability exclusions and limitations and the specific assurances afforded by this guarantee. If you
wish additional liability, or assurances other than as contained herein, please contact the Company for further information
as to the availability and cost.
Fidelity National Title Company of Flathead Valley, LLC
150 1st Avenue WN, Suite B
Kalispell, MT 59901
Countersigned By:
SEAL
Karla Kemm
Authorized Officer or Agent
Fidelity National Title Insurance Company
By:
Attest:
Randy Quirk, President
Marjorie Nemzura, Secretary
Subdivision Guarantee/Certificate Printed: 01.26.21 @ 07:09 AM
Page 1 MT-FT-FLAT-01585.350200-SPS-1-21-FT1585-204197
GUARANTEE/CERTIFICATE NO.
FIDELITY NATIONAL TITLE INSURANCE COMPANY FT1585-204197
ISSUING OFFICE:
Title Officer: Karla Kemm (SM)
Fidelity National Title Company of Flathead Valley, LLC
150 1s#Avenue WN, Suite 8
Kalispell, MT 59901
Main Phone: (406)755-7004
Email: Karla.Kemm@fnf.com
SCHEDULE A
Liability
Premium
Tax
$10,000.00
$150.00
$0.00
Effective Date: January 20, 2021 at 08:00 AM
The assurances referred to on the face page are:
That, according to those public records which, under the recording laws, impart constructive notice of matter relative to
the following described property:
A tract of land, situated, lying and being in the Southwest Quarter of the Southeast Quarter of Section 17,
Township 28 North, Range 21 West, P.M.,M., Flathead County, Montana, and more particularly described
as follows to wit:
BEGINNING at the Southwest corner of Lot 1 of Certificate of Survey No. 18774 (records of Flathead
County, Montana) which is a found iron pin; Thence S89°17'57"E 604.44 feet to a found iron pin on the
westerly RAN of South Woodland Drive; Thence along said RIW SDO°03'49"W 281.76 feet to a found iron
pin; Thence leaving said RIW N89°04'18"W 557.47 feet to a found iron pin; Thence N89°30'54"W 48,08
feet to a found iron pin; Thence NOO°17'10"E 279.72 feet to the point of beginning.
The above described tract of land shall hereafter be Known as: JAXON RIDGE
Title to said real property is vested in:
Siderius Construction LLP
subject to the matters shown below under Exceptions, which Exceptions are not necessarily shown in the order of their
priority.
END OF SCHEDULE A
Subdivision Guarantee/Certificate Printed, 01.26.21 @ OT09 AM
Page 2 MT-FT-FLAT-01585.350200-SPS-1-21-FT1585-204197
FIDELITY NATIONAL TITLE INSURANCE COMPANY
SCHEDULE B
GUARANTEE/CERTIFICATE NO.
FT1585-204197
Any defect, lien, encumbrance, adverse claim, or other matter that appears for the first time in the Public Records
or is created, attaches, or is disclosed between the Commitment Date and the date on which all of the Schedule B,
Part I —Requirements are met.
a. Rights or claims of parties in possession not shown by the Public Records.
b. Encroachments, overlaps, boundary line disputes, and any other matters which would be disclosed by
an accurate survey and inspection of the Land including, but not limited to, insufficient or impaired
access and matters contradictory to any survey plat shown by the Public Records.
c. Easements, or claims of easements, not shown by the Public Records.
d. Any lien, or right to a lien, for services, labor, or material heretofore or hereafter furnished, imposed by
law and not shown by the Public Records.
e. (a) unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the
issuance thereof; (c) water rights, claims or title to water, whether or not the matters accepted
under (a), (b), (c) are shown by the Public Records.
f. Taxes to special assessments which are not shown as existing liens by the records of any taxing
authority that levies taxes or assessments on real property or by the Public Records. Proceedings by
a public agency which may result in taxes or assessments, or notices of such proceedings, whether or
not shown by the records of such agency or by the Public Records.
g. 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 MCA, including, but not limited to any right of the
public to use and occupy those certain roads and trails.
h. Mineral rights, claims or title to minerals in or under said land, including but not limited to metals, oil,
gas, coal, or other hydrocarbons, sand, gravel, or stone, and geothermal energy rights, and easement
or other rights or matters relating thereto, whether express or implied, recorded, or unrecorded.
Paragraphs 1, a, b, c, d, and f will not appear as printed exceptions on extended coverage policies, except as to
such parts thereof which may be typed as a Special Exception as shown below.
SPECIAL EXCEPTIONS:
General Taxes for the year 2020
1st Half: $2,283.34, PAID
2nd Half: $2,283.28, PAID
Tax ID No.: 75-0674350
General County Taxes for the year 2021 and subsequent years, which are a lien but not yet due or payable.
Any possible additional tax assessments because of construction and/or improvements to the property.
Subdivision Guarantee/certificate Printed: 01.26.21 @ 07.09 AM
Page 3 MT-FT-FLAT-01585.350200-SPS-1-21-FT1585-204197
FIDELITY NATIONAL TITLE INSURANCE COMPANY
91
10
11
12
13
14.
SCHEDULE B
(continued)
Any adverse claim based upon the assertion that:
GUARANTEE/CERTIFICATE NO.
FT1585-204197
a) Some portion of said Land is tide or submerged land, or has been created by artificial means or
has accreted to such portion so created.
b) Some portion of said Land has been brought within the boundaries thereof by an avulsive
movement of unnamed slough or has been formed by accretion to any such portion.
Rights and easements for navigation and fishery which may exist over that portion of said Land lying beneath the
waters of unnamed slough.
Any rights in favor of the public which may exist on said Land if said Land or portions thereof are or were at any
time used by the public.
Recitals, notes, dedications, easements, certificates and covenants as contained on the plat of Greenacres.
Reference is hereby made to the plat for more particulars.
Recitals, notes, dedications, easements, certificates and covenants as contained on the plat of Greenacres
North-West Subdivision. Reference is hereby made to the plat for more particulars.
Easement(s) and rights incidental thereto as set forth in a document:
In favor of: Pacific Power & Light Company
Recording Date: June 10, 1957
Recording No.: Book 408 Page 123
Terms and conditions of easement(s) and rights incidental thereto as set forth in a document:
Recording Date: June 22, 1973
Recording No.: Book 554 Page 600
Recitals, notes, sanitary restrictions, ordinances, resolutions, easements, dedications and covenants as contained
or referred to on Certificate of Survey No. 1294. Reference is hereby made to the survey for more particulars.
This property lies within the boundaries of Resolution No. 1220A for the South Woodland/ Greenacres
Neighborhood Plan, recorded May 27, 1997 at 1997-147-09370 and will be subject to any levies and assessments
thereof.
This property lies within the boundaries of Resolution No. 5950 for Annexation, recorded December 19, 2019 at
201900033205 and will be subject to any levies and assessments thereof.
Subdivision GuararleelCertificate Printed: 01.26.21 @ 07:09 AM
Page 4 MT-FT-FLAT-01 585.350200-SPS-1-21-FT1 585-204197
FIDELITY NATIONAL TITLE INSURANCE COMPANY
15.
16.
17.
18.
19,
20.
21.
22,
SCHEDULE B
(continued)
Easement(s) and rights incidental thereto as set forth in a document:
In favor of: Flathead Electric Cooperative, Inc.
Recording Date: October 23, 2020
Recording No.: 202000035617
GUARANTEEXERTIFICATE NO.
FT1585-204197
Recitals, notes, sanitary restrictions, ordinances, resolutions, easements, dedications and covenants as referred
to on proposed survey or plat to be recorded prior to or as a part of this transaction.
State of Montana Department of Environmental Quality Certificate of Subdivision Approval to be recorded with the
proposed plat, if any
Survey, when recorded, must be in compliance with the provisions of the Montana Subdivision and Platting Act,
1973 (Sections 76-3-101 MCA through 76-3-614 MCA) and the regulations adopted pursuant thereto.
The search did not disclose any open mortgages or deeds of trust of record, therefore the Company reserves the
right to require further evidence to confirm that the property is unencumbered, and further reserves the right to
make additional requirements or add additional items or exceptions upon receipt of the requested evidence.
In order to expedite this report to you, no physical inspection of the Land has been made. If a physical inspection
is made, any matters found by our inspection requiring disclosure to you will be shown in a Supplement Report.
The land described in the commitment/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.
END OF SCHEDULE B
Subdivision Guarantee/Certificate Printed: 01.26.21 @ 07:09 AM
Page 5 MT-FT-FLAT-01585.3502C0-SPS-1-21-FT1585-204197
11/03/2020 20:35 4067585519 PLAT ROOM PAGE 01/01
Plat Room
Flathead County, Montana
800 S. Main St,
Kalispell, MT 59901
(406) 758-551 o
This Form is for Subdivisions Only
BY. Sands Surveying
FOR . Siderius Construction DATE: 08/25/2020
DESCP : Maxon Ridge in 17-29-21 PURPOSE., Sub
YEARS ASSESSOR #
2017 t 2019 0674350
Q0 PIP-15
a�
I hereby certify that there are no outstanding taxes on the property
assigned the assessor numbers listed above;,, or the years indicated for
each assessor number.
DEC 0 2 -2020
Deputy Treasurer
(seal)