I02. West View 5 Final Plat-7w
CITY OF
KALISPELL
REPORT TO: Doug Russell, City Manager
FROM: PJ Sorensen, Senior Planner
SUBJECT: Final plat request for West View Estates — Phase 5
MEETING DATE: August 16, 2021
Planning Department
201 1" Avenue East
Kalispell, MT 59901
Phone: (406) 758-7940
Fax: (406) 758-7739
www.kalisuell.com/planning
BACKGROUND: Sands Surveying Inc. submitted a request, on behalf of Owl Corp, for final plat
approval of West View Estates Phase 5. West View Estates Phase 5 is a 22-lot residential subdivision on
6.264 acres. Phase 5 is located within West View Estates south of the intersection of Stillwater Road and
Taelor Road. The property is a tract of land, situated, lying and being within the West Half of the
Southwest Quarter of Section 25, Township 29 North, Range 22 West, P.M.M., Flathead County,
Montana. A more precise legal description of the subject property is attached as Exhibit A.
The City Council approved the preliminary plat with 20 conditions in May 2003 (Resolution 4786). All
of the conditions have been met or adequately addressed. The attached report summarizes the applicant's
compliance with the conditions of approval. All infrastructure has been installed and accepted, and a
subdivision improvement agreement is not required.
RECOMMENDATION: It is recommended that the City Council make a motion to approve the final
plat for West View Estates Phase 5 and approve the related subdivision improvement agreement.
FISCAL EFFECTS: Positive impacts once developed.
ALTERNATIVES: Deny the request.
ATTACHMENTS: Final plat compliance letter and associated attachments.
Report compiled: August 9, 2021
c: Aimee Brunckhorst, Kalispell City Clerk
CITY OF
KALISPELL
August 6, 2021
Doug Russell, City Manager
City of Kalispell
201 1st Ave E
Kalispell, MT 59901
Re: Final Plat request for Westview Estates — Phase 5
Dear Doug:
Planning Department
201 1' Avenue East
Kalispell, MT 59901
Phone: (406) 758-7940
Fax: (406) 758-7739
www.kalispell.com/planning
Sands Surveying Inc. submitted a request, on behalf of Owl Corp, for final plat approval of West View
Estates Phase 5. West View Estates Phase 5 is a 22-lot residential subdivision on 6.264 acres. Phase 5 is
located within West View Estates south of the intersection of Stillwater Road and Taelor Road. The
property is a tract of land, situated, lying and being within the West Half of the Southwest Quarter of
Section 25, Township 29 North, Range 22 West, P.M.M., Flathead County, Montana. A more precise
legal description of the subject property is attached as Exhibit A.
The City Council approved the preliminary plat with 20 conditions in May 2003 (Resolution 4786). All
of the conditions have been met or adequately addressed. The following report summarizes the
applicant's compliance with the conditions of approval. All infrastructure has been installed and
accepted, and a subdivision improvement agreement is not required.
COMPLIANCE WITH CONDITIONS OF APPROVAL
General Conditions:
1. Development of the subdivision shall be platted in substantial compliance with the approved
preliminary plat which governs the location of lots and roadways within the subdivision.
Staff Response: This condition has been met. The subdivision has been platted in compliance
with the approved preliminary plat.
2. That the roadways serving the subdivision shall be constructed in accordance with the adopted
Design and Construction Standards for the City of Kalispell for local streets.
Staff Response: This condition has been met. A letter certifying the improvements from Carver
Engineering dated July 23, 2021, is attached, as is a letter from Kalispell Public Works, dated
July 29, 2021, which accepts the improvements.
3. That a letter be obtained from the Kalispell Public Works Department approving the plans and
specifications for water, sewer and drainage facilities for the subdivision.
Staff Response: This condition has been met. A letter from Kalispell Public Works, dated July
24, 2020, was submitted which conditionally approved the plans for the subdivision.
4. A letter from an engineer licensed in the State of Montana certifying that the improvements have
been installed according to the required specifications shall be submitted at the time of final plat
approval along with a letter from the Kalispell Public Works Department stating that the required
improvements have been inspected and comply with the City standards.
Staff Response: This condition has been met. A letter certifying the improvements from Carver
Engineering dated July 23, 2021, is attached, as is a letter from Kalispell Public Works, dated
July 29, 2021, which accepts the improvements.
5. Development of the landscape boulevard with location of street trees shall be placed in
accordance with a plan approved by the Kalispell Parks and Recreation director.
Staff Response: This condition has been met. The developer has provided the City of Kalispell
a check for $18,210.15 to cover the cost of planting 41 boulevard trees. The Parks and Recreation
Department has provided a letter dated June 22, 2021, approving the landscape and boulevard
plan.
6. A storm water drainage plan which has been designed by an engineer licensed in the State of
Montana shall be prepared which complies with the City's Design and Construction Standards
and shall be reviewed and approved by the Kalispell Public Works Department.
Staff Response: This condition has been met. See the attached letters from the Kalispell Public
Works department dated June 24, 2020, and July 29, 2021.
7. That the developer obtain a letter from the Montana Department of Transportation approving the
intersection of the new internal roadway and West Reserve Drive and certifying that any
necessary improvements have been made.
Staff Response: This condition was met with Phase 1 and 2.
8. Obtain a permit from the Flathead County Road Department for the new road access onto
Stillwater Road and any needed improvements be made prior to final plat approval having been
reviewed and approved by the road department superintendent.
Staff Response: This condition was met as part of phases 1 and 2.
9. The road within the subdivision shall be named and signed in accordance with the policies of the
Kalispell Public Works Department and the Uniform Traffic Control Devices Manual and be
subject to review and approval of the Kalispell Fire Department.
Staff Response: This condition has been met. All roads within the subdivision have been named
and signed in accordance with the policies of the Kalispell Public Works Department, and the
Uniform Traffic Control Devices Manual.
10. The developer shall provide a letter from the U.S. Postal Service approving the plan for mail
service.
Staff Response: This condition is met. The mailbox units were constructed with Phase 1. See
attached letter from USPS dated August 6, 2006.
11. Street lighting shall be located within the subdivision and shall be shielded so that it does not
intrude unnecessarily onto adjoining properties.
Staff Response: This condition is met. Street lighting has been approved by Public Works. See
the attached letter from Public Works dated July 29, 2021.
12. That the parkland dedication requirements shall be one -ninth or 11 percent of the area in lots or
3.69 acres. The 2.20 acres as indicated on the plat will meet a portion of that requirement and
the remaining approximately one acre required can be met by investing an equivalent cash value
into the park. The cash -in -lieu of parkland values is based on a value of $10,000 per acre or other
value demonstrated by the developer as the purchase price per acre.
Staff Response: This condition is met. The developer entered into an agreement with the City
on July 5, 2007, for developing the park with a city water well pump house and restrooms. The
City has drilled the well on the property and constructed the well house and restrooms. The
developer has provided funding, through cash -in -lieu payment, to go towards the City to install
irrigation, seeding and playground equipment. The park was dedicated to the City in 2009, as
part of phase 3.
13. That a road access be provided from Taylor Road connecting Parcel A to the subdivision. Staff
Response: This condition has been met. Phase 4 shows the connection of Landing Lane to the
south property and future Owl View multi -family project.
14. That a minimum 20-foot buffer strip shall be established between West Reserve Drive and the
subdivision.
Staff Response: This condition has been adequately addressed. The buffer strip is landscaped,
however, only the portion that was in Phase 1 and Owl View Subdivision has been dedicated.
This phase does not have any frontage along West Reserve Drive (now Old Reserve Drive).
15. In addition to the 20-foot buffer strip, a 10-foot right-of-way reservation along West Reserve
Drive be indicated on the final plat for the future expansion of that road.
Staff Response: This condition has been adequately addressed. This phase does not have any
frontage along West Reserve Drive (now Old Reserve Drive).
16. All utilities shall be installed underground.
Staff Response: This condition is met. Utilities have been installed underground and further
verified by Public Works.
17. That the fire access and suppression system comply with the Uniform Fire Code and a letter from
the Kalispell Fire Department approving the access and number and placement of fire hydrants
within the subdivision as well as fire flows and access shall be submitted with the final plat. The
fire access and suppression system shall be installed and approved by the Fire Department prior
to final plat approval.
Staff Response: This condition is met. A letter from the Fire Department dated June 17, 2020,
approving the design and a letter dated August 9, 2021, approving the installation are attached.
18. That a minimum of two-thirds of the necessary infrastructure for this subdivision shall be
completed prior to final plat submittal.
Staff Response: This condition is met. All of the required infrastructure has been installed and
accepted.
19. All areas disturbed during development of the subdivision shall be re -vegetated with a weed -free
mix immediately after development.
Staff Response: This condition is met. The developer has been actively managing the property
for weeds.
20. That preliminary approval shall be valid for a period of three years from the date of approval.
Staff Response: This condition is met. The preliminary plat is valid until February 20, 2022.
COMPLIANCE WITH THE SUBDIVISION REGULATIONS:
This subdivision plat has been found to be in compliance with the State and City subdivision regulations.
COMPLIANCE WITH THE ZONING REGULATIONS
This subdivision complies with the Kalispell Zoning Ordinance and the R-3 zoning for the property.
RECOMMENDATION:
It can be found that the conditions of preliminary plat approval have been met or are otherwise adequately
addressed. It is recommended that the Kalispell City Council approve the final plat for Westview Estates
Phase 5.
Attachments: - Two mylars of final plat
- Copy of final plat
- Applicant responses and final plat application dated 7/29/21
- Letter from Carver Engineering certifying improvements dated 7/23/21
- Letter from Public Works accepting infrastructure and easements dated 7/29/21
- Montana DEQ approval letters dated 6/11/20 and 6/16/20
- Letter from Public Works (engineering approval) dated 7/24/20
- Letter from Parks and Recreation dated 6/22/21
- Letter from USPS dated 8/9/06
- Letters from Kalispell Fire Department dated 6/17/20 and 8/9/21
- Fidelity Title Insurance Guarantee FT1585-212023 dated 6/3/21
- Flathead County tax certification dated 6/3/21
- CCRs
- Waiver of Protest — Stormwater SID dated 5/27/20
c w/ Att: Aimee Brunckhorst, Kalispell City Clerk
c w/o Att: Sands Surveying
Attn: Eric Mulcahy
2 Village Loop
Kalispell, MT 59901
EXHIBIT A
LEGAL DESCRIPTION
A TRACT OF LAND, SITUATED, LYING, AND BEIM IN THE WEST HALF OF THE SOUTHWEST QUARTER OF SEMON 25, TOWNSHIP 29 NORTH,
RANGE Z2 WES1' P.Af.,M., FLATHEAD COUNN, HONTANA. AND MORE PARTlCUL4RLY DESGRfRLD AS FbLLDD'S TO WIT. -
Commencing at the northwest cornar of the Southwest Quarter of Section 25, Township 29 North, Range 22 West, P.M.,Af., Flathead
County, Montana, which is a found brass cap on the contorlmo of a 60 toot county road known as Stillwator Road: Thenoo afan,g the
west boundary of said SJV114 and along said cantarline S00'06151: 941.75 feet; Thence leaving said ceQterbne N89'5911'E 50.00 feet
to a found iron pin and THE PRUE POMT OF' 1RPt7LVNLNG OF THE TRACT OF LAND HEREIN DESCRLiWD: Thence continuing N89'5911 E
145.03 fact to the cantarlino of a 60 foot eitg straat known as Owf Loop: Thanoo along said contorfino S00'064O'E 25.00 foot, Thanca
lecviug scid rentorline N89'59'11'P 145.00 foot to a found iron pin; Thence S00'00'4D'r 810.74 foot to a found iron pin; Thanee
6JO'43467 69-55 feet to er found Iron pin, Thence 53.3'0.333 F 09.95 ket to e2 found iron pin; Thence S51'17'207 0995 feel to a
found icon pin; Thence S71'46'59'E .6095 feet to a found iron pin: Thence N99'59'11T 70.39 feet to a found iron pin; Thence
S00'O6'417' 115.00 feet to a found iron pin on the northerly " of a 60 foot city street known as Owl Loop: 1'heuce along said R/W
S89'5911"W 46.69 feet to a found iron pia and the P.C. of a 399.00 foot radius curve, concave northeasterly, having a central angle
Of 60'2351 Thence along an are length of SOZ99 feet to a found boR pin: 9fhence leaving said " 580*2840 r L49.Z feet to a
found iron pia; Thence N00'0615'7Y 904.45 feat to tho point of bgginning and containing 6.264 ACRES., Subject to and together with
10 foot utiLtty easements as shown hereon: Subject to and together with a 15 font walkway easement as shaven hereon; Together with
o 15 foot Utility rind drafnerga oese-mont as shown hmloon; TOgalhor with a 15 foot walkway, utilily, frnd dreihago OaBcmont ors shpwtl
hereon; ,Subject to and together with all appurtenant easements of record
Thv above described tract of Lund mbedl L rrcuLftor be known era:
*AST VIAN ilStATh:S, PHASE 5
By. SANDS SURVEYING, Inc. Plat Of
2 village LRRp
Kalispell, A(T 59901 WEST VIEW ESTATES PHASE 5
(406) 755-6481 s En
JOB NO: 212394 (P—jl 1 200001) A Subdivision Located In
DATE: April 1, 2020 W112SW114 Sec. 25, T29N, R.22W., P.M.,M., City of Kalispell,
COMPLETED: / / Flathead County, Montana
FUR. MARK OWENS
OWNER: OWL CORPORATION
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s5 se 4a az FILE No.
July 29, 2021
City of Kalispell Planning Department
201 1" Avenue East
Kalispell, MT 59901
RE: Final Plat submittal for West View Estates, Phase 5.
Dear Planning Office:
This cover letter is intended to give an overview of the conditions of approval and the supporting
documentation for meeting the conditions for West View Estates Phase 5. The Kalispell City Council
granted preliminary plat approval of the subdivision on May 5, 2003 and granted a one year in 2006. The
City Council granted Final Plat of Phase 1 and 2 on August 21, 2006. Phase 3 was filed in 2008. Owl
View Subdivision (A Phase of West View Estates) received final plat approval in 2018. Phase 4 received
final plat approval on February 18, 2020 which gives Phase 5 until February 18, 2022 to reach final plat
approval. The required improvements are in place and accepted and the applicant is not submitting a
Subdivision Improvements Agreement.
Preliminary Plat Conditions
Condition #1: That the development of the subdivision shall be in substantial conformance with the
approved preliminary plat which governs the general location of the lots and roadways.
This condition is met. The final plat conforms to the preliminary plat approved by the City
Council.
Condition 92: That the roadways serving the subdivision shall be constructed in accordance with the
adopted Design and Construction Standards for the City of Kalispell for local streets.
This condition is met. The design was approved by the City of Kalispell. See the letter from
Carver Engineering certifying the Construction and the letter from the City accepting the
infrastructure.
Condition 93: That a letter be obtained from the Kalispell Public Works Department approving the plans
and specification for water, sewer, and drainage facilities for the subdivision.
This condition is met. (See letter from Kalispell Public Works Department, Patrick Jentz, P.E.
dated 7/24/20)
Condition #4: A letter from an engineer licensed in the State of Montana certifying that the
improvements have been installed according to the required specifications shall be submitted at the time
of final plat approval along with a letter from the Kalispell Public Works Department stating that the
required improvements have been inspected and comply with the City Standards.
This condition is met. See the letter from Carver Engineering certifying the Construction and the
letter from the City accepting the infrastructure.
Condition #5: Development of the landscape boulevard with location of street trees shall be placed in
accordance with a plan approved by the Kalispell Parks and Recreation Director
This condition is met. The developer has provided the City of Kalispell a check for $18,210 to
cover the cost of planting 41 boulevard trees within Phases 4. The Kalispell Parks
Superintendent, Chad Fincher has provided a letter dated June 22, 2021 approving the boulevard
plan and accepting the in -lieu fee.
Condition 46: A storm water drainage plan which has been designed by an engineer licensed in the State
of Montana shall be prepared which complies with the City's Design and Construction Standards and
shall be reviewed and approved by the Kalispell Public Works Department.
This condition is met. (See letters from Kalispell Public Works Department)
Condition 97: That the developer obtain a letter from the Montana Department of Transportation
approving the intersection of the new internal roadway and West Reserve Drive and certifying that any
necessary improvements have been made.
This condition was met in Phase 1 and 2. (See MDOT permit and letter from Clay Colby dated
8/2/06. The turn bays are in place and the High School is up and running)
Condition 98: Obtain a permit from the Flathead County Road Department for the new road access onto
Stillwater Road and any needed improvements be made prior to the final plat approval having been
reviewed and approved by the road department superintendent.
This condition was met in Phases 1 and 2. (See Flathead County Road Approach Pennit AE-
2191).
Condition #9: The road within the subdivision shall be named and signed in accordance with the policies
of Kalispell Public Works Department and the Uniform Traffic Control Devices Manual and be subject to
review and approval of the Kalispell Fire Department.
This condition is met. The road signs are in place.
Condition #10: The developer shall provide a letter from the US Postal Service approving the plan for
mail service.
This condition was met and mailbox pull out and structure were constructed in phase 1. (See
Letter from the USPS dated 8/9/06)
Condition 411: Street lighting shall be located within the subdivision and shall be shielded so that it does
not intrude unnecessarily onto adjoining properties.
This condition is met. The lighting plan was approved by Kalispell Public Works. The lights
have been installed by Flathead Electric Coop.
Condition #12: That parkland dedication requirements shall be one -ninth or I I% of the area in lots or
3.69 acres. The 2.00 acres as indicated on the plat will meet a portion of that requirement and the
remaining approximately one acre required can be met by investing and equivalent cash value into the
park. The cash -in -lieu of parkland value is based on a value of $10,000 per acre or other value
demonstrated by the developer as the purchase price per acre.
This condition was met in Phase 3. The Developer entered into an agreement with the City of
Kalispell on July 5, 2007 for developing the park with a City water well pump house and
restrooms. The City drilled the well on the property and constructed the well house and
restrooms. The developer provided funding through the cash -in -lieu payment that went to the
installation of irrigation, seeding and playground equipment. The language on the face of the
West View Estates, Phase 3 plat dedicated the park to the City of Kalispell.
Condition # 13: That a road access be provided from Taylor Road connecting Parcel A to the subdivision.
This condition is met. Phase 4 shows the connection of Landing Lane to the south property and
the future Owl View multi -family project.
Condition 914: That a minimum 20-foot buffer strip shall be established between West Reserve Drive
and the Subdivision.
This condition is met. The buffer strip is landscaped however only the portion that was in Phase
1 and Owl View Subdivision has been dedicated. Phase 5 does not have any frontage on West
Reserve Drive now known as Old Reserve Drive).
Condition 915: In addition to the 20 foot buffer strip, a 10-foot right-of-way reservation along West
Reserve Drive be indicated on the final plat for future expansion of that road.
This condition is met. To date the plats that front West Reserve have provided the right-of-way
reservation. Phase 5 does not have any frontage on West Reserve Drive (Now Old Reserve
Drive).
Condition #16: All utilities shall be installed underground.
This condition is met. The utilities are in place.
Condition 917: That the fire access and suppression system comply with the Uniform Fire Code and a
letter from the Kalispell Fire Department approving the access and number and placement of fire hydrants
within the subdivision as well as fire flows and access shall be submitted with the final plat. The fire
access and suppression system shall be installed and approved by the Fire Department prior to final plat
approval.
This condition is met. (See Letter the Kalispell Fire Department dated 6/17/2020)
Condition #18: That a minimum of two-thirds of the necessary infrastructure for this subdivision shall be
completed prior to final plat submittal.
This condition is met the improvements are complete.
Condition #19: All areas disturbed during development of the subdivision shall be revegetated with weed
free mix immediately after development.
This condition is met. The applicant has been actively managing the property for weeds.
Condition #20: The preliminary approval shall be valid from date of approval.
This condition is met. The plat of West View Phase 5 expires on February 18, 2021.
A title report is included with this application. Taxes are paid in full. Should you have any questions
regarding this final plat application, please contact me at 755-6481.
Sincerely,
Eric H. Mulcahy, AICP
Sands Surveying Inc.
Attachments: City of Kalispell Final Plat Application
Letter -Carver Engineering certifying the infrastructure (7/2321)
Letter — Kalispell Public Works Department (7/29/21)
Letter — Kalispell Public Works Department (7/24/20)
Letter — Kalispell Fire Department (6/17/21)
Letter — Kalispell Parks and Recreation Department (6/22/21)
MDOT permit (8/2/06)
Flathead County Road and Bridge Department Approach Permit (7/31/06)
Letter — USPS (8/9/06)
MDEQ letters EQ#20-2094 and EQ#20-2095 (6/16 2020 and 6/11/2020)
Waiver of Protest SID (Stormwater)
CC&R's West View Estates Phase 5
Title Report for Phase 4 (Guarantee # FT1585-212023, Date 6/3/21)
Tax Certification Phase 4 (6/3/21)
Development Services
c',-r�• utDepartment
203 1st Avenue East
Kalispell, MT 59901
]KA.LISPEILIL Phone (406) 758-7940
FINAL PLAT
Email: planning@kalisoell.com Website: wwwAalisDeli.mm
Project Name
West View Estates Phase 5
Property Address
Owl Loop
NAME OF APPLICANT Applicant Phone
Owl Corp - Attn: Mark Owens
Applicant Address 115 Taelor Rd city, state, zip Kalsipell, MT 59901
Applicant Email Address
mark& owlcorpmt,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 (ARCH ITECTIENGIN EER)
Phone
Sands Surveying. Inc -Eric Mulcahy
755-6481
Address
2 Village Loop
Zip City, State,
Kalispell, MT 59901
Email Address
erlc@sandSSurveying.com
POINT OF CONTACT FOR REVIEW COMMENTS
Phone
Eric Mulcahy
755-6481
Address
City, State, Zip
Email Address
List ALL owners (any individual or other entity with an ownership interest in the property):
NIA
[Lejal Description (please provide a full legal description for the property and attach a copy of the most recent deed):
West View Estates, Phase 51 W2SW4.Section 25, T28N,. R22W, P.M.M. Flathead Count
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.
('r t'Y tyro"
KAILILSPIEUL
1. Date of Preliminary Plat Approval 515103
2. Type of Subdivision: Residential Industrial Commercial
9. Total number of lots in Subdivision: 22
4. Land in Project (acres) 6,264 aces
6. Cash -in -lieu f rya
5. Parkland (acres) rva
7. Exempt No
6. Number of lots by type:
Single Family 22
Multi -Family
Commercialllndustrial
Mobile Home
RV Park
Townhouse (sublots)
Other
INSTRUCTIONS FOR FINAL PLAT
Development Services
Department
2011st Avenue East
Kalispell, MT 59901
Phone (406) 756-7940
PUDEI 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 vd attachments
�—
Title Report (Original, not more than 90 days old)
+
Tax Certification (Property Taxes must be paid)
X
Consents) to Plat (Originals and notarized)
Subdivision Improvement Agreement (Altaeh signed
original & collateral)��
Parkland Cash -in -lieu (Check attached,'
Water rights transfer
Copy of CCR's
Plats (2 mylars & 1 electronic copy) - other attachments required per
appendix 0 of subdivision reg-v'ations
`f(
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.
dalD�
AppK 8Jg rw � r
KAL L
APPLICATION PROCESS
(application must be received and
accepted by the Kalispell Planning
Department 30 days prior to the C-ty
Council Meeting)
Application Contents:
Development Services
Department
201 lsl Avenue East
Ita103001I.Mr S9901
.one 1406) 759.7940
1. Completed application form & attachments
2. Electronic copy of the application materials submitted. Either
copied onto a disk or emailed to planning@kalispell.com (Please
note the maximum file size to email is 20MB)
3. Electronic copy of the .dwg files of the final plat
4. Application fee based on the schedule below, made payable to the City of Kalispell:
Minor Subdivision with approved preliminary plat $400 +$125 per lot
Major Subdivision with approved preliminary plat $800 + $125 per lot
Subdivisions with waiver of preliminary plat $800 + $125 per lot
Subdivision Improvement Agreement $50
Filing Fee Attached 31i 50.00
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CE LLC aba
Carver
July 23, 2021
Keith Haskins, P.E.
Patrick Jentz, P.E.
City of Kalispell PWD
P.O. Box 1997
Kalispell, MT 59903-1997
Re: West View Estates, Phase 5
Project Certification & Record Drawings
Dear Keith & Patrick:
Engineering
Consulting Civil Engineers
With the exception of a few cleanup items, infrastructure improvements for West View
Estates, Phase 5 have been completed, and we are submitting a set of Record Drawings
for the project. An electronic version of the Record Drawings is included on a thumb drive
accompanying this letter.
Based on our observations of construction and testing, it is our opinion that work on all
facets of the project were constructed in accordance with approved plans and
specifications, with the following exception:
Core testing on the asphalt pavement indicated that four (4) of the six (6) cores
showed pavement depths less than the specified 4 inches. These four (4) cores had
thicknesses of 3.82" to 3.90". To address the deficiency, the City has requested, and
the Owner has accepted, to increase the length of the Maintenance Bond from two to
three years. This Maintenance Bond has been provided to the City.
A walk-through inspection was conducted July 14, 2021 with Mark Crowley and a few items
were identified as needing attention. A fire hydrant needed to be raised about 4"; Storz
adapters needed to be installed on all fire hydrants; the stop/street sign and the street
lights had not yet been installed; a stormwater manhole cover and a sanitary sewer
manhole cover needed to be swapped for one another: and additional topsoil was needed
along some of the sidewalks. To date, all of the above -mentioned work has been
completed except the street signage need to be added to the installed stop sign post and
FEC needs to install the street lights. Paid receipts for the street sign and streets lights are
included with this certification letter.
Please call or e-mail me if you have any questions.
Sincerely, 6 e&)
NTAiy
60
CErCdCarver EngineeringOMAS
OWAN
323 P.ETomCowan, P.E.v2.3-d
Montana DeEQ,%,
partment
of Environmental Quality
June 11, 2020
Tom Cowan PE
Carver Engineering
1995 Third Avenue East
Kalispell MT 59901
Dear Mr. Cowan;
RE: West View Estates Phase 5
Municipal Facilities Exclusion
FQ# 20-2095
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.
Plaas and specifications must be submitted when extensions of munic+pal 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.
West View Estates Phase 5 Municipal Facilities Exclusion will consist of (22) Twenty -Two Single Family Lots.
Sincerely,
�— Arm -.Rachel Cl
Department of Environmental Quality
Engineering Bureau
Public Water & Subdivision Review
(406) 444-6722
email relark(2intt.gov
cc: City Engineer
County Sanitarian
Owner
file
Steve Bullock, Governor I Shaun McGrath, Director I RO. Box 200901 1 Helena, MT 59620-0901 1 (406) 444-2544 1 www,deq_mt_gov
Montana Department AAQ111,-
of Environmental Quality
June 16, 2020
Tom Cowan, PE
Carver Engineering
1995 31 Ave East
Kalispell, MT 59901
Re: City of Kalispell — PWSID#MT000259
West View Estates Phase 5— Water & Sanitary Sewer Main Extensions
EQ#20-2094 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 West View Estates Phase 5 subdivision in Kalispell, received April
22, 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, 2018
Edition and Circular DEQ-2 design standards, 2016 Edition. City of Kalispell approval was received on
9, 2020,
The West View Estates Phase 5 subdivision received approval of the Municipal Facility Exclusion on
June 11, 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 West View
Estates Phase 5 subdivision received April 22 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.
West View Estates Phase 5 proposes 22 single family residential lots along Owl Loop. A peak water
demand of 44 gpm is estimated. Peak sanitary sewer flow rate is estimated at 14 gpm.
The water main extension includes installation of: approximately 900 feet of 8-inch diameter water
main (C900 PVC, DR18), 4 gate valves, two fire hydrant assemblies, two connections to the existing
water main in Owl Loop to form a looped distribution system. 22 residential service connections will be
installed as a part of this phase. Fire hydrant flow testing and water modeling illustrate that fire flow
capacity of exceeds the 1000 gpm at 20 psi requirement.
Steve Bullock. Governor I Shaun McGrath, Director 1 655 Timberwolf Parkway Suite 3 1 Ka ispell MT 59901-1215 1 (406) 755.8985 1 www deq mt gov
City of Kalispell - PWSID#MT000259
West View Estates Phase 5- Water & Sanitary Sewer Main Extensions
EQ#20-2094 Approval
June 16, 2020
Page 2 of 2
The sanitary sewer main extension includes installation of: approximately 700 feet of 8-inch diameter
gravity sewer main (SDR 35 PVC), 3 new manholes and connection to existing manhole in Owl Loop.
22 residential service connections are planned as a part of this phase. As part of this approval a
deviation was approved on June 12, 2020 from Section 38.2 for the Engineer to self -certify that no
existing water works lie within 100 feet of the proposed sewer mains.
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) 444-2626 or Jackie.Kuhl@mt.gov
Siinn
j
. 4
e Kuhl, P.E.
ng Bureau
If you have any further questions, please contact
Copies: Mark Owens, 500 Palmer Drive, Kalispell, MT 59901
Patrick Jentz, City of Kalispell Public Works
Wendee Jacobs, Flathead County Environmental Health
MDEQ Plan Review File
.F
OF
KALISPELL
July 24, 2020
Mr. Tom Cowan, PE
CE LLC dba Carver Engineering
1995 Third Ave. East
Kalispell, MT 59901
Re: West View Estates Phase 5 Conditional Engineering Approval
Dear Mr. Cowan:
The drawings submitted on July 23d, 2020 for the above project are hereby approved contingent
on the following condition:
0 The waiver of right to protest a stormwater SID must be filed with final plat.
The following deviation requests are approved for this project only. Several site and project
specific factors were taken into account for this deviation and may not be approved for future
projects.
0 Request to deviate from standard 7.1.5F is approved.
0 Request to deviate from standard 7.1.9A is approved.
Two reviews were done for a total cost of $360. Please submit payment to the Public Works
front desk. Approval does not relieve you, nor the contractor from designing or constructing this
project in accordance with the City Standards currently in effect. If more than 18 months lapse
before completing construction, plans and specifications must be resubmitted and approved
before construction continues. Any modifications made to these approved plans shall be
submitted for review prior to construction.
201 P Avviow E I Mimic (406)753-7720
Po BOX 1997 Public Works Department Fax H0WSS-U-11
Kakpel1. %rr 59903 1 www1alisnell.com
This approval is for the Public Works Department only and does not necessitate full 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 Stormwater permit must be obtained by the
prime contractor for this project. At project completion, please provide the City with PDF and
DWG electronic record drawings in State Plane Coordinates.
We look forward to working with you on this project.
Sincerely,
Patrick 3entz, PE
Engineer 2
cc: Paul Simonich, PE DEQ
Keith Haskins, PE - City Engineer
Mark Crowley, Construction Manager
Page 2 of 2
Kalispell Parks & Recreation
306 1"Ave E. P.O. Box 1997
Kalispell, Montana 59903-1997
(406) 758-7718 Fax (406) 758-7719
June 22, 2021
Gaylon Owens
Owl Corporation
500 Palmer Drive
Kalispell, MT 59901-2767
Re: Westview Estates, Phase 5
Dear Mr. Owens:
This letter is to serve as approval of the landscaping agreement submitted and dated June 17,
2021 for boulevard trees and planting in Westview Estates, Phase 5. This agreement stipulates
that developer will pay the city $444.15 per tree to be planted on twenty-two (22) lots. A total of
forty-one (41) trees will be planted for a total cost of $18,210.15.
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 Westview Estates,
Phase 5.
We are in receipt of your check numbered 12924 for the amount of $18,210.15 to cover the
planting of forty-one (41) trees in Westview Estates, Phase 5. As the lots are developed and
landscaping completed, 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,
�r
Chad Fincher, Parks and Recreation Director
CC: Fred Bicha, Parks Superintendent
Jarod Nygen, Planning Department
Julie Hawes, Finance Department
306 l" Avenue East, P.O. Box 1997, Kalispell, MT 59903 —Phone (406)758-7718— Fax (406)758-7719
www.katispell.com
FLATHEAD STATION
248 FIRST AVENUE WEST
KALISPELL MT 59901
August 9, 2006
Planning Board: West View Estates Phases 1 and 2
To Whom It May Concern:
The above referenced project has been reviewed. A suitable location for mail delivery has been
established . Centralized boxes have been installed with a turnout 10 feet wide and 20 feet long for the
carrier -to service and leave these boxes.
The developer will be responsible for purchasing the CBUs. The Developer or homeowners
individually or collectively will be responsible to keep the roadway and area to the boxes clear of ice and
snow.
If you have any questions please feel free to call me at (406) 755-0187.
Sincerely yours:
�ekv, rv�
Elden Marvel
Manager Customer Services
{406}755-0167
Fax: (406}755-0376
KALISPELL FIRE DEPARTMENT
Dave Dedman Fire Chief PO Box 1997
Jon Campbell Assistant Fire Chief Fri „t 312 First Avenue East
Cec Lee .. Executive Secretary j�LISPELL Kalispell, Montana 59901
Phone: (406) 758-7760
FAX: (406) 758.7777
Wednesday, June 17, 2020
Tom Cowan, P.E.
Carver Engineering
1995 Third Ave E.
Kalispell MT, 59901
Re: West View Estates, Phase 5
Tom, please find this letter as acceptance for the location of fire hydrants and fire flows associated
with West View Estates Phase 5. If you need anything additional please contact me.
Dave Dedman, Fire Chief
City of Kalispell
"Protecting our community with the highest level of professionalism. "
KALISPELL FIRE DEPARTMENT
re: West View Estates Phase 5
J
� •n`r ur•
KALISPELL
August 9, 2021
Upon inspection of Owl Loop today, the access and the proper number of hydrants and their installation
locations have been verified and in accordance with condition 17. This letter serves as the approval of
that condition from the Fire Department.
Daniel Pearce
Fire Chief
City of Kalispell
SUBDIVISION
Issued By:
0- Fidelity
National Title'
ti surance Compaoy
Guarantee/Certificate Number:
FT1585-212023
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
�tu
Countersigned By:?SEAL
Authorized Officer or Agent
Fidelity National Title Insurance Company
By:
Randy Quirk, President
Attest:
�� �& �
Marjorie Nemzura, Secretary
Subdivision GuaranteetCeniftcate Printed 06.15.21 @ 03M PM
Page 1 MT-FT-FLAT-01585.350200-SPS-1-21-FT1585-212023
FIDELITY NATIONAL TITLE INSURANCE COMPANY
ISSUING OFFICE: Y
GUARANTEE/CERTIFICATE NO.
FT1686-212023
Title Officer: Karla Kemm (MG)
Fidelity National Title Company of Flathead Valley, LLC
150 1st Avenue WN, Suite B
Kalispell, MT 59901
Main Phone: (406)755-7004
Email: Karla.Kemm(&fnf.com
Liability
$10,000.00
Effective Date: June 3, 2021 at 08-00 AM
The assurances referred to on the face page are:
SCHEDULE A
Premium Tax
$150.00 $0.00
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 West half of the Southwest quarter of Section 25,
Township 29 North, Range 22 West. P.M.M.. Flathead County, Montana, and more particularly described
as follows to wit:
CommenCLng at the Northwest corner of the Southwest quarter of Section 25, Township 29 North, Range
22 West, P.M.W., Flathead County, Montana, which is a point on the centerline of a 60 foot County road
known as Stillwater Road, thence
along the West boundary of said Southwest Quarter and along said centerline South 000 06' 15" East,
941.75 feet; thence
leaving said centerline North 89' 59' 11" East, 50.00 feet to a point and the true point of beginning of the
tract of land herein described thence
continuing North 89" 59' 11" East, 145.03 Feet to the centerline of a 60 foot City Street known as Owl
Loop; thence
along said centerline South 00' 06' 40" East, 25.00 feet; thence
leaving said centerline North 89' 59' 11" East. 145.00 feet to a point; thence
South 00' 06' 40" East 610.74 feet to a point; thence
South 10° 43' 48" East 69.55 feet to a pant. thence
South 33' 03' 33" East, 69.95 feet to a point. thence
South 51" 17' 20" East, 69.95 feet to a point, thence
South 71 n 46' 59" East, 69.95 feet to a point; thence
North 890 59' 11" East, 79.39 feet to a point; thence
South 00' 06' 41" East. 115.00 feet to a point on the Northerly R/W of a 60 foot City Street known as Owl
Loop; thence
along said R/W South 89` 59' 11" West_ 46.69 feet to a point and the P.C. of a 320.00 foot radius curve,
concave Northeasterly, having a central angle of 60' 23' 31", thence
along an arc length of 337.29 feet to a point, thence
leaving said R/W South 60° 22' 42" West, 248.96 feet to a point; thence
North 00' 06' 15" West, 904.45 feet to the point of beginning
The above parcel is to be known and designated as West View Estates, Phase 6
Title to said real property is vested in
Owl Corporation, a Montana corporation
Subdivision Guarantee/Certificate Printed 06.15.21 Q 0150 PM
age 2 MT-FT-FLAT-01585.350200-SPS-1-21-FT1585-212023
GUARANTEEICERTIFICATE NO.
FIDELITY NATIONAL TITLE INSURANCE COMPANY FT1585-212023
SCHEDULE A
(continued)
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 GuaranteelCertficate Printed: 06.15.21 @ 03 50 PM
Page 3 MT-FT-FLAT-01585.350200-SPS-1-21-FT1585-212023
GUARANTEE/CERTIFICATE NO.
FIDELITY NATIONAL TITLE INSURANCE COMPANY FT1686-212023
SCHEDULE B
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.
f,1iJ:colr.im:v:(d:1S1L0P►)`II
1. General Taxes for the year 2020
1st Half: $7,226.58 PAID
2nd Half: $7,226.56 PAID
Tax ID No.: 01-0006861
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 andlor improvements to the property.
4. Delinquent water and service charges of the City of Kalispell, if any, for which no investigation has been made.
5. Recitals, notes, sanitary restrictions, ordinances, resolutions, easements, dedications and covenants as contained
or referred to on Certificate of Survey No. 14318, No. 14332, No. 14891, No. 16138 & No. 17455. Reference is
hereby made to the survey for more particulars.
Subdivision GuaranteelCertitcate Printed 06.15.21 @ 03:$0 PM
Page 4 MT-FT-FLAT-01585.350200-SPS-1-21-FT1585-212023
FIDELITY NATIONAL TITLE INSURANCE COMPANY
SCHEDULE B
(continued)
6. Easement(s) and rights incidental thereto as set forth in a document:
In favor of: Montana Power Company
For: public utilities
Recording Date: May 27, 1993
Recording No.: 93-147-10570
7. Agreement, and terms set forth within said document
Recording Date: April 17, 2001
Recording No.: 2001-107-16120
AND
Agreement to clarify
Recording Date: June 4, 2004
Recording No.: 2004-156-12330
8. Road Maintenance Agreement, and terms set forth within said document
Recording Date: January 23, 2002
Recording No.: 2002-023-16410
GUARANTEE/CERTIFICATE NO.
FT1586-212023
9. This property lies within the boundaries of Resolution No. 4785 for Annexation, recorded June 9, 2003 at
2003-160-11000 and will be subject to any levies and assessments thereof.
10. Petition to Annex and Notice of Withdrawal from Rural Fire District
Recording Date: June 9, 2003
Recording No.: 2003-160-11010
11. Latecomers Agreement for Reimbursement for Municipal Water and Sewer System Extensions
Recording Date: May 5, 2006
Recording No.: 2006-125-09030
Amendment to Latecomers Agtreement
Recording Date: May 18, 2011
Recording No.: 201100010329
Subdivision Guamntee/Certificate Printed 06.15.21 @ 0150 PM
Page 5 MT-FT-FLAT-01585.350200-SPS-1-21-FT1585-212023
FIDELITY NATIONAL TITLE INSURANCE COMPANY
SCHEDULE B
(continued)
Memorandum of Understanding
Recording Date: August 16, 2011
Recording No.: 201100016731
GUARANTEEICERTIFICATE NO.
FT1686-212023
12, This property lies within the boundaries of Resolution No. 5167 for Annexation, recorded December 18. 2006 at
2006-352-15490 and will be subject to any levies and assessments thereof.
13. Petition to Annex and Notice of Withdrawal from Rural Fire District
Recording Date: December 18, 2006
Recording No.: 2006-352-15500
14. Deed Transferring Water Rights
Recording Date: June 18, 2009
Recording No.: 200900017578
15. 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.
16. Please be advised that our search did not disclose any open Deeds of Trust of record. If you should have
knowledge of any outstanding obligation, please contact the Title Department immediately for further review prior
to closing.
17. The land described in the commitment/policy shall not be deemed to include any home trailer or mobile home
located on the property.
18. Exceptions and reservations contained in Patents of record.
END OF SCHEDULE 8
Subdivision Guarantee/Certificate Printed: 06.15.21 @ 03 50 PM
Page 6 MT-FT-FLAT-01585.350200-SPS-1-21-FT 1585-212023
The map/plat is being furnished as an aid In locating the herein described Land In
25-29-22 relation to adjoining streets, natural boundaries and other land, and is not a
survey of the land depicted. Except to the extent a policy of title insurance is
expressly modified by endorsement, if any, the Company does not Insure dimensions, N
distances, location of easements, acreage or other matters shown thereon.
jun w zuz ur.4yjmn riaineaa county matt 4u01360000
Plat Room
Flathead County, Montana
800 S. Main St.
Kalispell, MT 59901
(406) 758-5510
This Form is for Subdivisions Only
BY: Sands
FOR: Owl Corporation DATE : 61212021
DESCP : West View Est Ph 5 PURPOSE: Subdivision
Tr 5 in 25-29-22
YEARS ASSESSOR #
2058-2020__ ___ 0006861
I hereby certify that there are no outstanding taxes on the property
assigned the assessor numbers listed above, for the years indicated for
each assessor number.
JUN 0 3
2021 ��" ��JL
Deputy Trea er
(seal)
DECLARATION OF COVENANTS, CONDITIONS,
RESTRICTIONS AND EASEMENTS FOR
WEST VIEW ESTATES PHASE 5
This Declaration of Covenants, Conditions, Restrictions and Easements for West View
Estates (the "Declaration") is made this day of t,, , 2021, by the Montana
Corporation, Owl Corporation hereinafter (the "Declarant"), by and through its duly authorized
secretary/treasurer, Mark G. Owens.
ARTICLE 1
STATEMENT AND PURPOSE AND IMPOSITION OF COVENANTS
Section I.I. Owner. The Declarant is the owner of the property in Flathead County,
Montana, more particularly described as follows (the "Property"):
Lots 34 through 43, Lots 69 through 80 in Phase 5 of the West View Estates
subdivision, according to the official Plat thereof on file and of record in the
official records of Flathead County, Montana.
Section 1.2. Purpose. The purpose of the Declarant in making this Declaration is to
create a development known as West View Estates on the Property (the "Project" or "West
View Estates")
The Declarant further intends to ensure the attractiveness of the Property, including the
residences and other improvements constructed on it to prevent any future impairment of the
Property and to guard against the construction on the Property of improvements of improper or
unsuitable materials or with improper quality or methods of construction, to protect and
enhance the values and amenities of the Property; to provide for the operation, administration,
use and maintenance of the common areas within the Property; to preserve, protect and enhance
the values and amenities of the Property; and to promote the health safety and welfare of the
owners of the Property.
Section 1.3. Imposition of Covenants. To accomplish the purposes indicated above, the
Declarant hereby declares that from the date of recording this Declaration forward, the Property
will constitute a planned community known as West View Estates, and will be held, sold, and
conveyed subject to the following covenants, conditions, restrictions and easements
(collectively, these "Covenants"). These Covenants will run with the land and will be binding
upon all persons or entities having any right, title, or interest in all or any part of the Property
(including Declarant) and their heirs, successors, and assigns, and their tenants, employees,
guests, and invitees. These Covenants will inure to the benefit of each owner of the Property.
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ARTICLE 2
DEFINITIONS
The following terms, as used in this Declaration, are defined as follows:
Section 2.1. "Annual Assessment" means the Assessment levied annually pursuant to
Section 9.3.
Section 2.2. "Architectural Review Committee" means the committee formed
pursuant to Article 6 to maintain the quality and architectural harmony of improvement in West
View Estates.
Section 2.3. "Articles: or "Articles of Incorporation" means the Articles of
Incorporation of the West View Estates Homeowners Association, Inc., a Montana non-profit
corporation, which were filed with the Montana Secretary of State's office on July 21, 2006, as
such Articles, may be amended from time to time.
Section 2.4. "Assessments" means the Annual, Special and Default Assessments
levied pursuant to Article 9 to meet the estimated cash requirements of the West View Estates
Homeowners Association.
Section 2.5. `Bylaws" means the bylaws of the West View Estates Homeowners
Association which establish the methods and procedures of its operation, as such bylaws may
be amended from time to time.
Section 2.6. "West View Estates Documents" means the basic documents creating
and governing West View Estates, including, but not limited to, this Declaration, the Articles of
Incorporation and Bylaws, the Design Guidelines and any other procedures, rules, regulations
or policies adopted under such documents by the West View Estates Homeowners Association,
all as may be amended from time to time.
Section 2.7. "West View Estates Homeowners Association" means the West View
Estates Homeowners Association, Inc., a Montana non-profit corporation, and any successor of
that entity by whatever name.
Section 2.8. "West View Estates Rules" means the rules and regulations adopted by
the West View Estates Homeowners Association from time to time.
Section 2.9. "Common Area" means all of the areas shown as parks and common
areas, depicted on the Final Plat or Plats of West View Estates, records of Flathead County,
Montana and any other property in which the West View Estates Homeowners Association
owns an interest for the common use, benefit and enjoyment of the Members.
Section 2.10. "Common Expenses" means (i) premiums for the insurance carried by
the West View Estates Homeowners Association under Article 9; (ii) all other expenses
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incurred by the West View Estates Homeowners Association in administering, servicing,
conserving, managing, maintaining, repairing or replacing the Common Area and any
Improvements located on it; (iii) all expenses expressly declared to be Common Expenses by
the West View Estates Documents; (iv) all expenses lawfully determined to be Common
Expenses by the Board of Directors; and (v) all expenses to be allocated among the Owners as
provided in Article 9.
Section 2.11. "Declarant" means Owl Corporation, or its successors or assigns,
including any successor Declarant.
Section 2.12. "Default Assessment" means any Assessment levied by the West View
Estates Homeowners Association pursuant to Section 9.5 below.
Section 2.13. "Design Guidelines" means the guidelines and rules published and
amended and supplemented from time to time by the Architectural Review Committee.
Section 2.14. "Declaration Rights" is defined in Section 11.1.2.
Section 2.15. "Expansion Property" means such additional real property now owned
or in the future acquired by Declarant (including any Successor Declarant) as Declarant may
make subject to the provisions of this Declaration, by duly recorded Declaration of Annexation.
Section 2.16. "Improvement(s) " means all buildings, parking areas, loading areas,
fences, walls, hedges, plantings, lighting, poles, driveways, roads, ponds, lakes, trails, gates,
signs, changes in any exterior color or shape, excavation and all other site work, including,
without limitation, grading, road construction, utility improvements, removal of trees or
planting, and any new exterior construction or exterior improvement which may not be
included in the foregoing. "Improvement(s)" does not include turf, shrub, or tree repair or
replacement of a magnitude which does not change exterior colors or exterior appearances.
"Improvement(s)" does include both original improvements and all later changes and
improvements.
Section 2.17. "Lot" means a parcel of land designated as a lot on any Plat of the
Property.
Section 2.18. "Maintenance Fund" means the fund created by Assessments and fees
levied pursuant to Article 9 below to provide the West View Estates Homeowners Association
with the funds required to carry out its duties under this Declaration.
Section 2.19. "Member" means any person or entity holding membership in the West
View Estates Homeowners Association.
Section 2.20. "Owner" means the owner of record (including Declarant, and including
the most recent contract purchaser, but excluding all contract sellers) whether one or more
persons or entities, of fee simple title to any Lot or, if the Lot is subject to one or more
contracts for deed, the owner of the purchaser's interest in the most recent contract for deed,
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but "Owner" does not mean or refer to any person or entity who holds such interest merely as
security for the performance of a debt or other obligation, including a mortgage or trust
indenture, unless and until such person or entity has acquired fee simple title pursuant to
foreclosure or other proceedings.
Section 2.21. "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 date which is 20 years later. The Declarant at anytime may
terminate his period of control by written notice to the Board of Directors.
Section 2.22. "Person" (whether or not in capitalized form) means a natural person, a
corporation, a partnership, a limited liability company, an association, a trust or any other entity
or combination of the foregoing.
Section 2.23. "Plat" means any survey or surveys of all or part of the Property,
together with such other diagrammatic plans and information regarding the Property as may be
required by applicable law, or as may be included in the discretion of Declarant, as each such
survey may be amended and supplemented from time to time, and all as recorded in the office
of the Clerk and Recorder of Flathead County, Montana.
Section 2.24. "Property" means and includes the property described in Section 1.1 and
initially subjected to this Declaration, and also refers to any additional real property that may be
incorporated in the Project from time to time and made subject to these Covenants pursuant to
the provisions of this Declaration.
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Section 2.25. "Special Assessment" means an Assessment levied pursuant to Section
Section 2.26. "Special Declarant Rights" is defined as set forth in Section 11.1 below.
Section 2.27. "Successor Declarant" means any party or entity to whom Declarant
assigns any or all of its rights, obligations or interest as Declarant, as permitted by Section 17.7
and evidenced by an assignment or deed of record in the office of the Clerk and Recorder of
Flathead County, Montana, designating such party as a Successor Declarant, signed by the
transferor and the transferee. Upon such recording, Declarant's rights and obligations under
the Declaration will cease and terminate to the extent provided in such document, and all such
rights and obligations shall be transferred to and assumed by the Successor Declarant to the
extent provided in such document.
ARTICLE 3
EXPANSION AND PLAT
Section 3.1. Development Rights. Declarant reserves the right to exercise all
Development Rights in connection with the West View Estates subdivision in accordance with
Article 11 below.
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Section 3.2. Declaration of Boundaries. The boundaries of each Lot are delineated
on the Plat, and each Lot is identified by the number noted on the Plat.
Section 3.3. Plat. The Plat will be filed for record in the office of the Clerk and
Recorder of Flathead County, Montana. The Plat may be filed as a whole or as a series of Plats
from time to time.
ARTICLE 4
ASSOCIATION MEMBERSHIP AND VOTING RIGHTS
Section 4.1. Membership. Every Owner, by virtue of being an Owner, and for so
long as he is an Owner, will be a Member of the West View Estates Homeowners Association.
Membership will be appurtenant to and may not be separated from ownership of any Lot. No
Owner, whether one or more persons, will have more than one membership per Lot owned, but
all of the persons owning each Lot will be entitled to rights of membership and of use and
enjoyment appurtenant to such ownership. The Declarant shall be considered an Owner and
shall be a Member of the West View Estates Homeowners Association with all of the same
privileges of the other Owners and Members. For purposes of assessments, the Declarant shall
be exempt from all forms of assessments imposed pursuant to this Declaration.
Section 4.2. Transfer of Membership. An Owner may not transfer, pledge or alienate
his membership in the West View Estates Homeowners Association in any way except upon
the sale or encumbrance of his Lot, and then only to the purchaser or Mortgagee of his Lot.
Section 4.3. Classes of Membership. The West View Estates Homeowners
Association will have one class of voting membership, composed of all Owners, including
Declarant, except that the Declarant shall have such additional rights and responsibilities as
expressly provided in this Declaration.
Section 4.4. Voting Rights. All Members shall be entitled to one vote on the West
View Estates Homeowners Association matters on the basis of one vote for each Lot owned.
Section 4.5. Appointment of Officers and Directors by Declarant. Until the
expiration of the Period of Declarant Control, Declarant will retain the exclusive powers to
appoint, remove and replace Directors and officers of the West View Estates Homeowners
Association.
ARTICLE 5
POWERS AND DUTIES OF WEST VIEW
Section 5.1. West View Homeowners Association Management Duties. Subject to the
rights and obligations of Declarant as set forth in this Declaration, the West View Estates
Homeowners Association will be responsible for the administration and operation of the West
View Estates. The Board of Directors will exercise for the West View Estates Homeowners
Association all power, duties and authority vested in or obligated to be taken by the West View
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Estates Homeowners Association and not reserved to Declarant or the other members by this
Declaration, or by other applicable law.
Section 5.2. Common Area.
5.2.1. Conveyance by Declarant. On or before the expiration of the period of
Declarant control, Declarant will convey to the West View Estates Homeowners Association,
by written instrument recorded with the Clerk and Recorder of Flathead County, Montana, the
Common Area located on the Property.
5.2.2. Use of Common Area. The Common Area generally is designated by
this Declaration for the common use, benefit and enjoyment of the Owners and their families,
tenants, employees, guests and invitees.
5.2.3. West view Estates Homeowners Association's Responsibility for
Common Area. The West View Estates Homeowners Association, subject to the rights and
obligations of the Owners set forth in this Declaration, will be responsible for the management,
maintenance and control of the Common Area.
5.2.4. Association's Agreements Regarding Common Area. The West View
Estates Homeowners Association, acting through the Board of Directors, may grant easements,
right-of-way, leases, licenses and concessions through or over the Common Area without the
independent approval by the Owner. Without limiting the generality of the foregoing, the West
View Estates Homeowners Association may grant such rights to suppliers of utilities serving
the Project or property adjacent to the Project, and to developers or owners of property adjacent
to the Project for the purpose of accommodating minor encroachments onto the Common Area
or other purposes that do not unreasonably interfere with the use and enjoyment of the
Common Area by the Owners.
Section 5.3. Delegation by West View Estates Homeowners Association.
5.3.1. Committees. The West View Estates Homeowners Association may
delegate any of its rights, duties or responsibilities to any committee or other entity (in addition
to the Architectural Review Committee) that the Board may choose to form.
5.3.2. Limitation. Any delegation by the Board under this Section is subject to
compliance with the Bylaws and the requirement that the Board, when so delegating, will not
be relieved of its responsibilities under the West View Estates Documents.
Section 5.4. Books and Records. The West View Estates Homeowners Association
will make available for inspection by Owners and Mortgagees, upon request, during normal
business hours or under other reasonable circumstances, current copies of the West View
Estates Documents, and the books, records, and financial statements of the West View Estates
Homeowners Association prepared pursuant to the Bylaws.
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Section 5.5. Successor to Declarant. The West View Estates Homeowners
Association will succeed to all of the rights, duties and responsibilities of the Declarant under
this Declaration upon termination of the Period of Declarant Control.
ARTCLE 6
ARCHITECTURAL REVIEW COMMITTEE
Section 6. L Committee. There is hereby established an Architectural Review
Committee, which will be responsible for the review and approval of all proposed
Improvements on the Lots.
Section 6.2. Committee Membership. The Committee will be composed of three or
more persons, all of the members of the Committee will be appointed, removed, and replaced
by Declarant, in its sole discretion, until the expiration of the Period of Declarant Control or
such earlier time as Declarant may elect to voluntarily waive this right by notice to the West
View Estates Homeowners Association, and at that time the Board of Directors will succeed to
Declarant's right to appoint, remove, or replace the members of the Committee.
Section 6.3. Purpose and General Authority. No Improvements will be erected,
placed, reconstructed, replaced, repaired or otherwise altered, nor will any construction, repair
or reconstruction be commenced until plans for the Improvements have been approved by the
Committee; provided, however, that Improvements that are completely within a building may
be undertaken without such approval. The Owner shall submit a site plan and elevations
showing the design, location, material, color and exterior finish of proposed Improvements to
the Architectural Review Committee. All improvements will be constructed only in
accordance with approved plans.
Section 6.4. Design Guidelines. The Architectural Review Committee may publish
Design Guidelines which set forth the procedures and criteria for review of Improvements to be
constructed on any Lot, and for review of landscaping plans. Failure to follow procedures or
criteria set forth in the current published Design Guidelines shall form an adequate basis for
rejection of the submitted site plan and elevations; provided, however, that this requirement
shall not be construed as preventing the Declarant or the Architectural Review Committee, at
their option, from waiving or amending the Design Guidelines at any time or with respect to
any application. Failure to follow such procedures or criteria set forth in the Design Guidelines
shall also be deemed a breach of this Declaration by such Owner and shall entitle the
Association or the Architectural Review Committee to exercise and pursue the rights and
remedies provided herein with respect to such breach.
Section 6.5. Failure to Act. In the event the Architectural Review Committee fails to
approve or disapprove such design, location, material, color and exterior finish within thirty
days after the detailed site plan and elevations have been submitted to it, approval shall not be
required and such Owner shall be deemed in compliance with this Article. Any plans,
elevations and proposals so approved, either expressly in writing or by the expiration of the
thirty day period herein above provided, shall then permit the Owner to commence construction
in accordance with said plans and elevations, but any deviation from said plans and elevations
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which in the judgment of said Architectural Review Committee is a substantial detriment to the
appearance of the structure or of the surrounding area shall be corrected to conform with the
plans and elevations as submitted.
Section 6.6. Committee Discretion. The Committee will exercise its best judgment to
see that all Improvements conform and harmonize with any existing structures as to external
design, quality and type of construction, materials, color, location on the Lot, height, grade and
finished ground elevation, and the schemes and aesthetic considerations set forth in the Design
Guidelines and the other West View Estates Documents. The Committee, in its sole discretion,
may excuse compliance with such requirements as are not necessary or appropriate in specific
situations and may permit compliance with different or alternative requirements.
Section 6.7. Binding Effect. The actions of the Committee in the exercise of its
discretion by its approval or disapproval of plans and other information submitted to it, or with
respect to any other matter before it, will be conclusive and binding on all interested parties.
Section 6.8. Organization and Operation of Committee.
6.8.1. Term. The term of office of each member of the Committee will
be one year, commencing January 1 of each year, and continuing until his successor shall have
been appointed. Should a Committee member die, retire or become incapacitated, or in the
event of a temporary absence of a member, a successor may be appointed as provided in
Section 6.2.
6.8.2. Chairman. So long as Declarant appoints the Committee,
Declarant will appoint the chairman. At such time as the Committee is appointed by the Board
of Directors, the chairman will be elected annually from among the members of the Committee
by a majority vote of the members. In the absence of a chairman, the party responsible for
appointing or electing the chairman may appoint or elect a successor, or if the absence is
temporary, an interim chairman.
6.8.3. Operations. The Committee chairman will take charge of and
conduct all meetings and will provide for reasonable notice to each member of the Committee
prior to any meeting. The notice will set forth the time and place of the meeting, and notice
may be waived by any member.
6.8.4. Voting. The affirmative vote of a majority of the members of the
Committee will govern its actions and be the act of the Committee.
Section 6.9. Other Requirements. Compliance with the West View Estates
architectural review process is not a substitute for compliance with City of Kalispell building,
zoning and subdivision regulations, and each Owner is responsible for obtaining all approvals,
licenses, and permits as may be required prior to commencing construction.
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Section 6.10. Enforcement.
6.10.1. Inspection. Any member or authorized consultant of the
Architectural Review Committee, or any authorized officer, Director, employee or agent of the
West View Estates Homeowners Association may enter upon any Lot at any reasonable time
after notice to the Owner, without being deemed guilty of trespass, in order to inspect
Improvements constructed or under construction on the Lot to determine whether the
Improvements have been or are being build in compliance with West View Estates documents
and the plans and specifications approved by the Architectural Review Committee.
6.10.2. Deemed Nuisances. Every violation of these Covenants is hereby
declared to be and to constitute a nuisance, and every public or private remedy allowed for such
violation by law or equity against Member will be applicable. Without limiting the generality
of the foregoing, these Covenants may be enforced as provided below.
(i) Fines for Violations. The Committee may adopt a schedule of
fines for failure to abide by the Committee rules and the Design
Guidelines, including fines for failure to obtain any required approval
from the Committee.
(ii) Removal of Nonconforming Improvements. The West View
Estates Homeowners Association may, upon request of the Committee
and after reasonable time after notice to the Owner, without being
deemed guilty of trespass, remove any Improvement constructed,
reconstructed, refinished, altered, or maintained in violation of these
Covenants. The Owner of the Improvement will immediately reimburse
the West View Estates Homeowners Association for all expenses
incurred in connection with such removal. If the Owner fails to
reimburse the West View Estates Homeowners Association within 30
days after the West View Estates Homeowners Association gives the
Owner notice of the expenses, the sum owed to the West View Estates
Homeowners Association will bear interest at the maximum rate
permitted under Montana law from the date the expense was incurred by
the West View Estates Homeowners Association through the date of
reimbursement in full, and all such sums and interest will be a Default
Assessment enforceable as provided in Article 9.
Section 6.11. Continuity of Construction. All improvements commenced on
the Property will be prosecuted diligently to completion. If an Improvement is commenced and
construction is then abandoned for more than ninety days, or if construction is not completed
within the required twelve-month period described below in Section 7.4, then after notice and
opportunity for hearing as provided in the Bylaws, the West View Estates Homeowners
Association may impose a fine of not more than $50.00 per day to be charged against the
Owner of the Lot until construction is resumed, or the Improvements are completed, as
applicable.
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ARTICLE 7
PROPERTY USE RESTRICTIONS
Section 7.1. General Restriction, The Property will be used only for the purposes set
forth in these Covenants, as permitted by the applicable regulations of the City of Kalispell, and
the laws of the State of Montana and the United States, and as set forth in the West View
Estates Documents or other specific recorded covenants affecting all or any part of the
Property.
Section 7.2. Single -Family Residence. Upon obtaining the approval of the
Architectural Review Committee, one single-family residence may be built on each Lot.
Construction of the residence must be started within thirty six months of closing. Unless
otherwise provided for by the Declarant.
Section 7.3. Further Subdivision. Other than Lots owned by the Declarant, no Lot
shall be further subdivided.
Section 7.4. Temporary Buildings, Square Footage, etc. No temporary building,
shack, tent, house trailer, mobile home or modular structure shall be located on any Lot. All
construction, including landscaping, must be completed within twelve months from the
commencement of construction. All residences must be of new construction, built on -site, and
shall contain a minimum of 1,500 square feet of finished living space above grade, exclusive of
garages, decks, porches or basements. All two -level residences must contain no less than 1,200
square feet of living space on the first level, exclusive of attached garages, basements, decks,
and porches. All residences must have an attached garage of at least 576 square feet unless
otherwise approved by the Architectural Review Committee.
Section 7.5. Roofs, Siding and Colors. It is expected that all elevations will not only
take advantage of the view from within the residence, but will provide pleasant views from all
surrounding areas. All side and rear elevations are expected to be articulated to break up the
fagade into smaller elements, as well as adding the richness of shade and shadow. Large blank
walls will not be allowed. Failure to provide adequate articulation and richness may be
grounds for rejection of the design by the Committee.
Roof Shape and Character is important to avoid vertical monotony. Slopes of 6/12 or greater
are to be considered for dominant roof elements and gable ends. Gentler roof pitches can be
integrated for background and less conspicuous connections. Alternative configurations may
also be considered to balcony roofs and dormers of all sizes as these contribute to the human
scale. This is encouraged to provide a texture and an apparent reduction of the built mass. All
overhangs and projections shall be a minimum of 18" with 24" preferred.
The Committee strongly recommends that sloping roofs be designed as sheltering and shading
elements, normally with broad overhangs and strong shadow lines. Thin edges or thin fascias
should be avoided. Sloped roof materials should be textural with very dark or deep color tones.
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Roof surfaces must be non -reflective and, in the opinion of the Committee, not visually
objectionable from neighboring properties and roads.
The composition of roof forms should be carefully considered. No continuous ridgelines
should exceed 40 feet. Changing the ridge direction, offsets or major roof projections should
be used to break ridgelines. Fascia boards are required. Rafters shall not be exposed. Wood
with the look of substance is required unless otherwise approved.
The placement of the various pipes and vents that penetrate the roof should be considered.
Combine them in the attic space and project through roof in a common enclosed stack when
possible. Where it is practical, place stacks on the roof away from the side of greatest
visibility. All roof vents are to be colored to match the dominant roofing material.
Colors
1. Non -reflective materials are to be used, including non-reflecting glazing.
2. Color selections shall range from white or off-white to weathered driftwood (a
very light gray) through to light brown, green or related tones. The use of blue
may be allowed in certain shades.
3. Materials for roofs may be sculpted architectural asphalt, flat concrete or fiber -
cement tile, slate or other cut stone only. Metal roofs are not permitted.
4. Materials for walls may be stained wood or wood, painted fiber -cement lap siding
and stone. Colored stucco may be incorporated for very small area as an accent
only. Stucco colors are to be deeply toned rich warm grays, greens and browns;
light or soft reflective tones are not acceptable.
Section 7.6. Landscaping, Drainage, Grading and Irrigation. Immediately after
construction, all disturbed ground must be landscaped. All lots must have underground
irrigation systems. Residences should be designed to fit the existing topography of the property
without excessive manipulation of the site by cut or fill. Changes in the natural grade by
cutting or filling for structures, walks and driveways must be kept to a minimum to preserve the
existing landform. Owners shall be responsible for irrigation, maintenance and upkeep of all
Boulevards that are adjacent to their property. Lots that butt against the perimeter wall shall be
responsible for the irrigation, maintenance and upkeep of the area between the wall and their
property line. When Lot owners build and install their irrigation system in the wall area it will
be their responsibility to insure that the main irrigation line installed by the developer is left
intact and working. Owner will be responsible for any damage that they may cause to the
exterior perimeter wall.
General siting and grading principles are as follows:
1. The finish grade around the residence and any site walls should remain as close
as possible to the original natural grade.
2. Grading may be done outside the landscaping for driveway access and site
drainage.
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3. Screen walls, walls not supporting a building structure or retaining earth, may
not exceed five (5) feet in height measured from finish grade along the exterior
side of the enclosure.
A landscaping plan for each building Lot shall be submitted to the Architectural Review
Committee for approval. Landscaping of the entire lot shall be complete within 90 days of
occupancy or unless otherwise approved by the Architectural Review Committee in writing.
In the event that soil must be imported or exported from the property, the property owner will
be responsible for this cost. Import soils scheduled for use as landscape topsoil may be subject
to an agricultural soil analysis at the discretion of the Architectural Review Committee.
The following building Lot landscape design criteria are provided to enhance the definition of
each home site. The primary goal is to protect and maximize individual property values
through the implementation of a generous landscape design. These criteria must be followed to
successfully receive the approvals required by the Architectural Review Committee.
Drainage of individual properties must work with the existing topography and be directed
toward the natural open space or drainage swale systems, developed in conjunction with the
roadways.
The Front Yard/Streetscape Zone is the area nearest to the neighborhood street and includes
boulevard area to the back of curb and is normally at the front of the property. On corner lots
this zone also extends down the side of the property parallel to the street. The landscape
requirements for the front yard are:
■ Minimum two (2) Neighborhood Shade Trees (2" minimum, caliper) per lot.
■ Minimum one (1) Ornamental Accent Tree per lot.
■ Lawn area to be sodded with underground irrigation systems.
The Side/Rear Yard includes the transitional side yard area and "backyard" area adjacent to
another lot or the street. The landscape requirements are:
■ Minimum two (2) Neighborhood Shade Trees (2" minimum, caliper) per lot.
■ Minimum one (1) Ornamental Accent Tree per lot.
■ Lawn area to be sodded with underground irrigation systems.
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The following is a list of acceptable trees.
Neighborhood Shade / Street Trees
Emerald Queen Maple
Northwood Red Maple
Royal Red Maple
Green Mountain Sugar Maple
Ohio Buckeye
Common Hackberry
Autumn Purple White Ash
Patmore Green Ash
Summit Green Ash
Imperial Honeylocust
Redmond Linden American Linden
Glenleven Littleleaf Linden
Greenspire Littleleaf Linden
Ornamental Accent Trees
Concolor Fir
Amur Maple Multi -stem & Single -stem
Paper Birch Single -stem
Toba Hawthorn
Russian Olive
Dolgo Crabapple
Spring Snow Crabapple
Colorado Blue Spruce
Quaking Aspen Single -stem
Norway Spruce
Austrian Pine
Scotch Pine
Amur Chokecherry Single -stem
European Birdcherry
Canada Red Chokesherry Single -stem
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The following is a list of acceptable shrubs.
Deciduous Shrubs
Apple Serviceberry
Saskaton Seviceberry
Glossy Black Chokecherry
Ruby Carousel Barberry
Sparkle Japanese Barberry
Globe Caragana
Bailey Red Twigged Dogwood
Isanti Dogwood
Pagoda Dogwood
Meadowlark Forsythia
Hydrangea PeeGee
Clavey's Dwarf Honeysuckle
Dart's Gold Ninebark
Gold Drop Bush Cinquefoil
Jackman Bush Cinquefoil
Primrose Beauty Bush Cinquefoil
Western Sand Cherry
Nanking Cherry
Canada Red Chokecherry
Three Leafed Sumac
Alpine Currant
Austnan Copper Shrub Rose
Cuthbert Grant Shrub Rose
Hansa Shrub Rose
Henry Kelsey Rose
Magniflca Shrub Rose
White Meidland Shrub Rose
Nearly Wild Shrub Rose
Sir Thomas Lipto Shrub Rose
Woodsh Rose
Buffaloberry
Anthony Waterer Spirea
Froebel Spirea
Goldmound Spirea
Snowmound Spirea
Chinese Lilac
Donald Wyman Lilac
Dwarf European Cranberry Bush
Common Snowball Vibemum
RedPrince Welgela
Princess Diana Serviceberry
Regent Serviceberry
Japanese Red Leaf Barberry
Burgundy Carousel barberry
Siberian Peashrub
European Variegated Dogwood
Colorado Red Osier Dogwood
Hedge Peking Colonester
Gray Dogwood
Northern Sun Forsythia
Cheyenne Privet (for hedges)
Golden Mockorange
Abbotswood Bush Cinquefoil
Goldfnger Bush Cinquefoil
Katherine Dykes Bush Cinquefoil
Tangerine Bush Cinquefoil
Purple Leaf Sand Cherry
Double Flowering Plum
Smooth Sumac
Staghorn Sumac
Dwarf Alpine Currant
Bonica Shrub Rose
FJ Grootendorst Shrub Rose
Harrison Yellow Shrub Rose
JP Connell
Martin Frobisher Shrub Rose
Morden Centennial Shrub Rose
Prairie Joy Shrub Rose
Theresa Bugnet Shrub Rose
Ural False Spirea
Japanese White Spirea
Dwarf Red Flowering Spirea
Gumball Spirea
Little Princess Spirea
Bridalwreath Spirea
Dwarf Korean Lilac
Summer Glow Tamrisk
Mohican Wayfaring Tree Virbumum
Alfredo Compact Americana Cranberry
Coniferous (Everereen) Shrubs
Gold Coast Juniper
Ptitzer Juniper
Sea Green Juniper
Repanda Juniper
Youngstown Andorra Juniper
Hughes Juniper
Prince of Wales Juniper
Wiltoni Blue Rug Juniper
Broadmoor Juniper
Buffalo Juniper
Pepin Savin Juniper
Scandia Juniper
Cologreen Juniper
Wichita Blue Juniper
Skyrocket Juniper
Oregon Grape
Dwarf Albert Spruce
Mugo Pine
Dense Spreading Yew
Nigra Yew
Pygmy Globe Arborvitae
Little Giant Arborvitae
Techny Globe Arborvitae
Woodward Globe Arborvitae
Allegheny Serviceberry
Sandblow Serviceberry
Crimson Pygmy Barberry
Rose Glow Japanese Barberry
Pygmy Caragana
Mottled Dogwood
Yellow Twigged Dogwood
Cranberry Cotoneaster
Dwarf Winged Euonymus
Annabelle Hydrangea
Arnold's Red Honeysuckle
Minnesota Snowflake
Coronation Triumph Bush Clinquiefoil
Goldstar Bush Cinquefoil
McKay's White Bush Cinquefoil
Yellow Gem Potentilla
Dwarf Russian Almond
Common Chokecherry
Cutleaf Smooth Sumac
Cutleaf Staghom Sumac
Adelaide Hoodless Rose
Champion Shrub Rose
Golden Wings Shrub Rose
Henry Hudson
Jens Munk Rose
Scarlet Meidland Shrub Rose
Morden Fireglow Shrub Rose
Persian Yellow Shrub Rose
William Baffin Rose
Dwarf Blue Arctic Willow
Dwarf Garland Spirea
Crisp Leaf Spirea
Grefsheim Spirea
Norman Spirea
Indian current Coralberry
Miss Kim Lilac
Nannyberry Viburnum
Compact European Cranberry Bush
Bailey Compact American Cranberry
Gold Tip Pfiitzer Juniper
Blue Chip Juniper
Icee Blue Juniper
Arcadia Juniper
Calgary Carpet Juniper
Tamarix Juniper
Blue Star Juniper
Birds Nest Spruce
Shrubby Swiss Mountain Pine
Emerald Arborvitae
Pyramidal Arborvitae
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Landscape areas that require irrigation should conform to the following:
Buried PVC sprinkler system or the utilization of drip irrigation systems;
Sprinklers and nozzles selected to provide water to the landscape that are compatible
with their respective soils, slopes, exposure, orientation and plant types;
Utilization of an automatic control system; and
No overthrowing of irrigation water onto public roadways, sidewalks, neighboring
homes, or trails is permitted.
Section 7.7. Storage Vehicles, etc. All automobile, trailers and boat storage shall be
within the side property setback and the garage. Fencing and/or heavy landscaping is required
to soften this impact and must be approved by the Architectural Review Committee. Fencing
will be the primary consideration. No vehicle, boat or trailer shall be allowed to park overnight
in the right of way.
Section 7.8. Signs. Other than signs advertising Lots or residences for sale or rent, no
sign, billboard or advertising structure of any kind shall be erected, used or maintained on the
Property. Signs shall be no larger than 24" square.
Section 7.9. Driveways. All driveways shall be concrete from the street to the garage
and only one driveway entrance off the street will be permitted for each lot unless otherwise
approved by the Architectural Review Committee. Lot owners are responsible to provide b"
concrete thru the sidewalk sections.
Section 7.10. Commercial Activity. No profession, business, manufacturing,
trade or commercial activity may be conducted on any Lot except home occupations as defined
by City ordinance and which do not significantly increase traffic within West View Estates.
Notwithstanding the foregoing, no Owner shall operate any daycare, pre-school or other child
or person care facility on their lot. No rentals shorter than one month will be allowed.
Section 7.11. Maintenance. All improvements located on any Lot shall be
maintained in the same condition as at the time of initial construction, normal wear and tear
excepted. All improvements shall be preserved and of a pleasant appearance by maintaining
paint, stain or sealer as needed. If any improvement or landscaping is damaged or destroyed,
the Owner shall promptly rebuild, repair and restore the structure to its appearance and
condition prior to the casualty. Reconstruction or repair shall be completed within nine months
of any casualty that damaged or destroyed the improvement or landscaping.
Section 7.12. Fences, Gates, Screening, Hot Tubs, etc. All fences, gates, and
screening shall be tan vinyl, a maximum of five feet in height and can extend from the rear
property corner to within five feet of the face of the residence or garage. A fence of a
maximum of three feet in height can continue to the front property corner. All rear property
line fences shall be a maximum of five feet in height. Consideration as to the storage of
parking of vehicles, trailers and boats is essential. Exterior lots that butt up to the perimeter
wall shall not be allowed to extend their fences to the perimeter wall. All above -ground garbage
and trash containers, mechanical equipment, and other outdoor maintenance and service
151PapL
facilities must be completely screened from adjacent lots, streets, or common spaces by tan
vinyl walls, fences and gates, at least one (1) foot higher than the equipment, but not to exceed
five feet in height. The Declarant reserves the right to change the standards for fences. Hot
tubs, pools, etc. must be approved by the Architectural Review Committee.
Section 7.13. Utilities and Lighting. All utilities shall be buried underground.
There shall be no exterior antennas except for small satellite dishes, which shall be unobtrusive.
Exterior lighting shall not be directed at neighboring Lots or impair the neighbors' use or
enjoyment of their Lots.
Section 7.14. Pets.
7.14.1 Dog runs and animal pens must be enclosed and approved by the
Architectural Review Committee. To protect birds and wildlife, dogs and cats must be
accompanied and on a leash at all times and will be expected to be cleaned up after when
outside the lot. Plastic baggies work well, but cannot be put in the sewer.
7.14.1. No Owner shall have or keep any dog which barks or whines on
regular or continuous basis, or which otherwise creates an ongoing disturbance for any other
Owner.
Section 7.15. Nuisances. No noxious or offensive activity shall be carried out
upon any lot, nor shall anything be done thereon which is or which may become an annoyance
or nuisance to other Owners.
Section 7.16. Landscape Maintenance and Irrigation. All yards and
landscaping shall be maintained and shall not be allowed to become unsightly. Lawns shall be
mowed on a regular basis. All weeds, including noxious weeds, shall be eradicated or
controlled and all Owners shall fully comply with state and local law regarding the control and
eradication of noxious weeds. Undeveloped Lots must be mowed at least twice each year and
may not be used as a dumping area for trimmings or grass clippings.
Section 7.17. Garbage. No Lot shall be used or maintained as a dump site or
storage ground for rubbish, trash, garbage, junk vehicles, equipment or other waste. All
garbage and other waste shall be removed as reasonably necessary.
Section 7.18. City Imposed Restrictions. All conditions or restrictions imposed
by the City of Kalispell or the State of Montana during the subdivision process are hereby
incorporated by reference.
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ARTICLE 8
OWNER'S OBLIGATIONS FOR MAINTENANCE
Section 8.1. Owner's Responsibility for Lot. All maintenance of a Lot and the
Improvements located on it will be the sole responsibility of the Owner of the Lot. The West
View Estates Homeowners Association will, in the discretion of the Board, assume the
maintenance responsibilities of such Owner, if, in the opinion of the Board, the level and
quality of maintenance being provided by such Owner is not satisfactory. Before assuming the
maintenance responsibilities, the Board will notify the Owner in writing of its intention to do
so, and if the Owner has not commenced and diligently pursued remedial action within 30 days
after the mailing of such written notice, then the West View Estates Homeowners Association
will proceed. The expenses of the maintenance by the Board will be reimbursed to the West
View Estates Homeowners Association by the Owner within 30 days after the West View
Estates Homeowners Association notifies the Owner of the amount due, and any sum not
reimbursed within that 30 day period will bear interest at the maximum rate permitted under
Montana law from the date of the expenditure until payment in full.
Section 8.2. Owner's Negligence. If the need for maintenance, repair or replacement
of any portion of the Common Area (including Improvements located on it) arises because of
the negligent or willful act or omission of an Owner or his family member, guest, invitee or
tenant, then the expenses incurred by the West View Estates Homeowners Association for the
maintenance, repair or replacement will be a personal obligation of that Owner. If the Owner
fails to repay the expenses incurred by the West View Estates Homeowners Association within
30 days after the notice to the Owner of the amount owed, then those expenses will bear
interest at the maximum rate permitted under Montana law from the date of the advance by the
West View Estates Homeowners Association until payment by the responsible Owner is paid in
full.
ARTICLE 9
ASSESSMENTS
Section 9.1. Creation of Lien and Personal Obligation for Assessments. Except as
otherwise provided by this Declaration, Declarant, for each Lot owned within the Property,
hereby covenants, and each Owner of any Lot, by accepting a deed for a Lot, is deemed to
covenant to pay to the West View Estates Homeowners Association (1) the Annual
Assessments imposed by the Board of Directors as necessary to generally carry out the
functions of the West View Estates Homeowners Association; (2) Special Assessments for
capital improvements and other purposes as stated in this Declaration; and (3) Default
Assessments which may be assessed against a Lot pursuant to the West View Estates
Documents for the Owner's failure to perform an obligation under the West View Estates
Documents or because the West View Estates Homeowners Association has incurred an
expense on behalf of or caused by the Owner under the West View Estates Documents.
Notwithstanding the ownership of any Lot, the Declarant shall not be obligated to pay
any of the Assessments described in this Declaration.
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All Assessments, together with fines, interest, costs, and reasonable attorney's (and
legal assistants') fees will be a charge on the land and will be a continuing lien upon the Lot
against which each such Assessment is made until paid.
Each Assessment, together with fines, interest, costs, and reasonable attorney's fees
and costs, will also be the personal and individual obligation of the Owner of such Lot as of the
time the Assessment falls due, and two or more Owners of a Lot will be jointly and severally
liable for such obligations. No Owner may exempt himself from liability for any Assessments
by abandonment of his Lot or by waiver of the use or enjoyment of the Common Area. Suit to
recover a money judgment for unpaid Assessment and related charges as listed above may be
maintained without foreclosing or waiving the Assessment lien provided in this Declaration.
Section 9.2. Purpose of Assessments. The Assessments levied by the West View
Estates Homeowners Association will be used exclusively to promote the recreation, health,
safety and welfare of the Owners and occupants of the West View Estates.
Section 9.3. Annual Assessments.
9.3.1. Calculation of Annual Assessments. The Board of Directors will
prepare a budget before the close of each fiscal year of the West View Estates Homeowners
Association. Annual Assessments for Common Expenses will be based upon the estimated net
cash flow requirements of The West View Estates Homeowners Association to cover items
including, without limitation, the cost of routine maintenance, repair and operation of the
Common Area; and premiums for insurance coverage as deemed desirable or necessary by the
West View Estates Homeowners Association; snow removal, landscaping, care of grounds and
common lighting within the Common Area; routine renovations within the Common Area;
wages; common water and utility charges for the Common Area; legal and accounting fees;
expenses and liabilities incurred by the West View Estates Homeowners Association under or
by reason of this Declaration; payment of any deficit remaining from a previous Assessment
period; and the supplementing of the reserve fund for general, routine maintenance, repairs and
replacement of improvements within the Common Area on a periodic bases, as needed.
9.3.2. Collection. Annual Assessments will be collected in periodic
installments as the Board may determine from time to time; but until the Board directs
otherwise, they will be payable annually in advance on the date determined by the Board. The
omission or failure of the West View Estates Homeowners Association to fix the Annual
Assessment period will not be deemed a waiver, modification or release of the Owners from
their obligation to pay the same.
Section 9.4 Special Assessments.
9.4.1. Determination by Board. The Board of Directors may levy, in any fiscal
year, one or more Special Assessments, applicable to that year only, for the purpose of
defraying, in whole or in part, the cost of any construction or reconstruction, repair or
replacement of a described capital improvement upon the Common Area, including the
necessary fixtures and personal property related thereto, or, after adopting and submitting a
181 P a 8
revised budget to the West View Estates Homeowners Association as may be required to make
up any shortfall in the current year's budget.
9.4.2. Apportionment and Collection of Special Assessments. The Board will
apportion Special Assessments among the Lots and collect payment according to the same
guidelines as set forth for Annual Assessments in Section 9.3.2.
9.4.3. Notice. Notice of the amount and due dates for such Special Assessments
must be sent to each Owner at least 30 days prior to the due date.
Section 9.5. Default Assessments. All monetary fines, penalties, interest or other
charges or fees (excluding Annual and Special Assessments) levied against an Owner pursuant
to the West View Estates Documents, or any expense of the West View Estates Homeowners
Association which is the obligation of an Owner or which is incurred by the West View Estates
Homeowners Association on behalf of the Owner pursuant to the West View Estates
Documents, and any expense (including without limitation attorneys' fees and costs) incurred
by the West View Estates Homeowners Association as a result of the failure of an Owner to
abide by the West View Estates Documents, constitutes a Default Assessment, enforceable as
provided in his Declaration below.
Section 9.6. General Remedies of West View Estates Homeowners Association for
Nonpayment of Assessment. Any installment of an Annual Assessment, Special Assessment or
Default Assessment which is not paid within 30 days after its due date will be delinquent. In the
event that an installment of an Annual Assessment or Special Assessment becomes delinquent,
or in the event any Default Assessment is established under this Declaration, the West View
Estates Homeowners Association, in its sole discretion, may take any or all of the following
actions:
9.6.1. Assess a late charge for each delinquency at uniform rates set by the
Board of Directors from time to time;
9.6.2. Charge interest from the date of delinquency at the maximum rate
permitted under Montana law;
9.6.3. Suspend the voting rights of the Owner during any period of
delinquency;
9.6.4. Accelerate all remaining Assessment installments for the fiscal year in
question so that unpaid Assessments for the remainder of the fiscal year will be due and
payable at once;
9.6.5. Bring an action at law against any Owner personally obligated to pay the
delinquent Assessment charges;
9.6.6. File a lien on the Lot and foreclose as set forth in more detail below.
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9.6.7. For a delinquent Assessment related to the provision of utilities, the
utility service to the Lot may be suspended after giving the Owner ten days written notice that
the service will be suspended unless the delinquent Assessment is paid.
The remedies provided under this Declaration will not be exclusive, and the West View
Estates Homeowners Association may enforce any other remedies to collect delinquent
Assessments as may be provided by law.
Section 9.7. Assessment Lien. Any Assessment chargeable to a Lot will constitute a
lien on the Lot, effective the due date of the Assessment. To evidence the lien, the West View
Estates Homeowners Association may, but will not be obligated to, prepare a written lien
statement with respect to the Lot, setting forth the name of the Owner, the legal description of
the Lot, the name of the West View Estates Homeowners Association, and the delinquent
Assessment amounts then owing. Any such statement will be duly signed and acknowledged by
an officer or Director of the West View Estates Homeowners Association and will be served
upon the Owner of the Lot by mail to the address of the Lot or at such other address as the
West View Estates Homeowners Association may have in its records for the Owner. At least
ten days after the West View Estates Homeowners Association mails the statement to the
Owner, the West View Estates Homeowners Association may record the statement in the office
of the Clerk and Recorder of Flathead County, Montana. Thirty days following the mailing of
such notice to the Owner, the West View Estates Homeowners Association may proceed to
foreclose the statement of lien in the same manner as provided for the foreclosure of mortgages
under the statutes of the State of Montana.
Section 9.8. Successor's Liability for Assessment. All successors to the fee simple
title of a Lot, except as provided in section 9.9, will be jointly and severally liable with the
prior Owner or Owners thereof for any and all unpaid Assessments, interest, late charges, costs,
expenses, and attorney's and legal assistants' fees against such Lot without prejudice to any
such successor's right to recover from any prior Owner any amounts paid by such successor.
Section 9.9 Exempt Property. The following portions of the Property will be exempt
from the Assessments, charges, and liens created under the Declaration:
9.9.1. Any easement of other interest in the Property dedicated and accepted by
the City of Kalispell and devoted to public use;
9.9.2. Any Lot owned by Declarant;
9.9.3. All utility lines and easements; and
9.9.4. Common Areas and Parks.
Section 9.10. Statement of Status of Assessments. The West View Estates Homeowners
Association will furnish to an Owner or his designee or to any Mortgagee, within fourteen days
of request, a statement setting forth the amount of unpaid Assessments then levied against the
Lot in which the Owner, designee or Mortgagee has an interest.
201Pagg
Section 9.11. Failure to Assess. The omission or failure of the Board to fix the
Assessment amounts or rates or to deliver or mail to each Owner an Assessment notice will not
be deemed a waiver, modification or a release of any Owner from the obligation to pay
Assessments. In such event, each Owner will continue to pay Annual Assessments on the same
bases as for the last year for which an Assessment was made until a new Assessment is made,
at which time any shortfalls in collections may be assessed retroactively by the West View
Estates Homeowners Association.
ARTICLE 10
PROPERTY RIGHTS OF OWNERS
Section 10.1. Owner's Easements of Access and Enjoyment. Every Owner has a
perpetual, non-exclusive easement for ingress, egress and utilities to and from his Lot and for
the use and enjoyment of the Common Area, which easement is appurtenant to and will pass
with the title to every Lot, subject to the provisions set forth in this Declaration.
Section 10.2. Delegation of Use. Any Owner may delegate, in accordance with the
West View Estates Documents, its rights of access and enjoyment described in Section 10.1
above to its tenants, employees, family, guests or invitees.
Section 10.3. Easements of Record and of Use. The property will be subject to all
easements shown on any recorded Plat and to any other easements of record or of use as of the
date of recordation of this Declaration.
ARTICLE 11
SPECIAL DECLARANT RIGHTS
AND ADDITIONAL RESERVED RIGHTS
Section 11.1. General Provisions. Until the expiration of the Period of Declarant
Control, Declarant will have the following Special Declarant Rights:
11.1.1. Completion of Improvements. The right to complete
Improvements as indicated on any Plat filed with respect to the Property.
11.1.2. Development Rights. The right to exercise all Development
Rights in connection with the development of the West View Estates Project, including without
limitation the right or combination of rights hereby reserved by Declarant, as follows: (i) the
right to create Lots and Common Area on the Property; (ii) the right to subdivide Lots and
convert Lots into Common Area on any part of the Proprety; (iii) the right to withdraw real
property from West View Estate; and/or (iv) the right to annex all or part of the Expansion
Property to the Project, in accordance with Article 12.
11.1.3. Sales Activities. The right to maintain sales and management
offices, signs advertising West View Estates and model residences on the Common Area and
on Lots owned by Declarant.
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11.1.4. Easements. The right to use easements through the Common
Area on the Property for the purpose of making Improvements on the Property.
11.1.5. Association Directors and Offices. The right to appoint any
officer or Director of the West View Estates Homeowners Association, as provided in this
Declaration or the Bylaws.
11.1.6. Order of Exercise of Declarant's Rights. Declarant makes no
representations and gives no assurances regarding the legal description of the boundaries of any
phase of the Property or the order or time in which the phases of the Property may be
developed or incorporated in to West View Estates, or whether or to what extent any of the
Property will be developed or incorporated into the Project. Further, the fact that Declarant
may exercise one or more of Declarant's development rights or other Special Declarant Rights
on one portion of the Property will not operate to require Declarant to exercise a Development
Right or other Special Declarant Right with respect to any other portion of the Property.
Section 11.2 Supplemental Provisions Regarding Declarant's Rights. Without
limiting the generality of the foregoing, certain of these Special Declarant rights are explained
more fully in this Article below. Further, Declarant reserves the right to amend this
Declaration and any Plat in connection with the exercise of any Development Right or any
other Special Declarant Right, and Declarant also reserves the additional rights retained for the
benefit of Declarant in this Article and in other provisions of this Declaration.
Section 11.3. Utility Easements. There is hereby created an easement upon, across,
over, in, and under the Common Area, roadways and the areas designated on the final Plat or
Plats of West View Estates as utility easements for the installation, replacement, repair and
maintenance of all utilities, including but not limited to water, sewer, gas, telephone, electrical,
television and other communications systems. By virtue of this easement, it will be expressly
permissible and proper for the companies providing utility services to install and maintain
necessary equipment on and under the Common Area, the private roadways and the areas
designated on the final Plat of West View Estates as Utility easements and to affix and maintain
utility pipes, wires, circuits, conduits and other equipment under those areas. Any utility
company using this easement will use its best efforts to install and maintain the utilities
provided for without disturbing the uses of the Owners, the West View Estates Homeowners
Association and Declarant; will prosecute its installation and maintenance activities as
promptly and expeditiously as reasonably possible; and will restore the surface to its original
condition as soon as possible after completion of its work. Should any utility company
furnishing a service covered by the easement granted above request a specific easement by
separate recordable document, either Declarant or the West View Estates Homeowners
Association will have, and are hereby given, the right and authority to grant such easement
upon, across, over, or under any part or all of the Common Area, the private roadways and the
areas designated on the final Plat or Plats of West View Estates as utility easements without
conflicting with the terms of this Declaration. This easement will in no way effect, avoid,
extinguish, or modify any other recorded easement on the Property.
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Section l l .4. Reservation for Expansion and Construction. Declarant hereby reserves
for itself and its successors and assigns and for Owners in all future phases of West View
Estates, a perpetual easement and right-of-way for access over, upon, and across the Property
for construction, utilities, drainage, ingress and egress, and for use of the Common Area. The
location of these easements and rights -of -way may be made certain by Declarant or the West
View Estates Homeowners Association by instruments recorded in Flathead County, Montana.
Declarant further reserves the right to establish from time to time, by declaration or
otherwise, utility, ingress and egress, and other easements over and across the Common Areas,
and to create other reservations, exemptions, and exclusions convenient or necessary for the use
and operation of any other property Declarant.
Section 11.5. Reservation of Easements, Exceptions and Exclusions for Utilities,
Infrastructure, and Access. Declarant reserves for itself and its successors and assigns and
hereby grants to the West View Estates Homeowners Association, acting through the Board of
Directors, the concurrent right to establish from time to time, by declaration or otherwise,
utility and other easements, permits, or licenses over the Common Area, for purposes including
but not limited to streets, paths, walkways, drainage, recreational areas and parking areas, and
to create other reservations, exceptions, and exclusions in the interest of the Owners and the
West View Estates Homeowners Association.
Section 11.6. Maintenance Easement. An easement is hereby reserved to Declarant
for itself and its successors and assigns and granted to the West View Homeowners
Association, and any member of the board of Directors and their respective officers, agents,
employees, and assigns, upon, across, over, in and under the Property and a right to make such
use of the Property as may be necessary or appropriate to make emergency repairs or to
perform the duties and functions which the West View Estates Homeowners Association is
obligated or permitted to perform pursuant to the West View Estates Documents.
Section 11.7. Drainage Easement. An easement is hereby reserved to Declarant for
itself and its successors and assigns and granted to the West View Estates Homeowners
Association, it officers, agents, employees, successors and assigns to enter upon, across, over,
in, and under any portion of the Property for the purpose of changing, correcting, or otherwise
modifying the grade or drainage channels of the Property so as to improve the drainage of
water. Reasonable efforts will be made to use this easement so as not to disturb the uses of the
Owner, the West View Estates Homeowners Association and Declarant, as applicable, to the
extent possible; to prosecute such drainage work promptly and expeditiously; and to restore any
areas affected by such work to a sightly and usable condition as soon as reasonably possible
following such work.
Section 11.8. Declarant's Rights Incident to Construction. Declarant, for itself and its
successors and assigns, hereby retains a right and easement of ingress and egress over, in, upon,
under and across the Common Area and the right to store materials thereon and to make such
other use thereof as may be reasonably necessary or incident to the construction of the
Improvements on the Property or other real property owned by Declarant' provided, however,
that no such rights will be exercised by Declarant in such a way as to unreasonably interfere
231papr
with the occupancy, use, enjoyment or access to an Owner's Lot by the Owner or his family,
tenants, employees, guests or invitees.
Section 11.9. Easements Deemed Created. All conveyances of Lots hereafter made,
whether by Declarant or otherwise, will be construed to grant and reserve the easements
contained in this Article, even though no specific reference to such easements or to this Article
appears in the instrument for such conveyance.
ARTICLE 12
EXPANSION AND WITHDRAWAL
Section 12.1. Reservation of Right to Expand. Declarant reserves the right, but will
not be obligated, to expand the effect of this Declaration to include all or part of the Expansion
Property. The consent of the existing Lot Owners and Mortgagees will not be required for any
such expansion, and Declarant may proceed with such expansion without limitation at its sole
option. Declarant will have the unilateral right to transfer to any other person this right to
expand by an instrument duly recorded.
Section 12.2. Completion of Expansion. When Declarant has determined that no
further property shall be added to the Project, Declarant shall notify the West View Estates
Homeowners Association in writing. Until such notice is given, Declarant retains the right to
designate additional property as Expansion Property.
Section 12.3. Declaration of Annexation. Any expansion of the Project 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, before the expiration of
the Period of Declarant Control. The Declaration of Annexation will describe the real property
to be expanded, submitting it to these Covenants and provide for voting rights and Assessment
allocations as provided in this Declaration. Specifically, each new Lot in the annexed area 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. Such Declaration of Annexation will
not require the consent of Owners, the West View Estates Homeowners Association, or the
Board of Directors; 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 and refer to West View Estates as
expanded. Such Declaration of Annexation may add supplemental covenants peculiar to the
Expansion Property in question, or delete or modify provisions of this Declaration as it applies
to the Expansion Property added. 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.
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ARTICLE 13
INSURANCE
Section 13.1. Authority to Purchase. All insurance policies relating to the Common
Area will be purchased by the Board of Directors or its duly authorized agent. The Board of
Directors and the Declarant will not be liable for failure to obtain any coverage required by this
Article or for any loss or damage resulting from such failure if such failure is due to the
unavailability of such coverage from reputable insurance companies, or if such coverage is
available only at demonstrably unreasonable costs.
Section 13.2. General Insurance Provisions. All such insurance coverage obtained by
the Board of Directors will be governed by the following provisions:
13.2.1. As long as Declarant owns any Lot, Declarant will be protected
by all such policies in the same manner as any other Owner.
13.2.2. The deductible, if any, on any insurance policy purchased by the
Board of Directors may be treated as a Common Expense payable from Annual Assessments or
Special Assessments (allocable to all of the Lots or to only some of the Lots, if the claims for
damages arise from the negligence of particular Owners, or if the repairs benefit only particular
Owners), or as an item to be paid from working capital reserves established by the Board of
Directors.
Section 13.3. Physical Damage Insurance on Common Area. The West View Estates
Homeowners Association will obtain insurance for such insurable Improvements and with such
coverages, limits, deductibles and other terms and conditions as the Board may determine from
time to time.
Section 13.4. Liability Insurance. The West View Estates Homeowners Association
may obtain a comprehensive policy of public liability insurance and property damage insurance
with such coverage and limits as the Board of Directors may from time to time determine,
insuring each member of the Board of Directors, the West View Estates Homeowners
Association, and the respective employees, agents, and all persons acting as agents against any
liability to the public or the Owners (and their guests, invitees, tenants, agents and employees)
arising in connection with the ownership, operation, maintenance or use of the Common Area
and streets and roads within West View Estates and any other areas under the control of the
West View Estates Homeowners Association. Declarant will be included in the coverage as an
additional insured in Declarant's capacity as an Owner or Director.
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ARTICLE 14
ENFORCEMENT OF COVENANTS
Section 14. L Violations Deemed a Nuisance. Every violation of this Declaration or
any other violation of the West View Estates Documents is deemed to be a nuisance and is
subject to all the remedies provided for the abatement of the violation. In addition, all public
and private remedies allowed at law or equity against anyone in violation of these Covenants
will be available.
Section 14.2. Compliance. Each Owner or other occupant of any part of the Property
will comply with the provisions of the West View Estates Documents as the same may be
amended from time to time.
Section 14.3. Failure to Comply. Failure to comply with the West View Estates
Documents will be grounds for an action to recover damages or for injunctive relief to cause
any such violation to be remedied, or both. Reasonable notice and an opportunity for a hearing
as provided in the Bylaws will be given to the delinquent party prior to commencing any legal
proceedings.
Section 14.4. Who May Enforce. Any action to enforce the West View Estates
Documents may be brought by Declarant or the Board in the name of the West View Estates
Homeowners Association on behalf of the Owners. If, after a written request from an
aggrieved Owner, none of the foregoing persons or entities commences an action to enforce the
West View Estates Documents, then the aggrieved Owner may bring such an action.
Section 14.5. Nonexclusive Remedies. All the remedies set forth herein are cumulative
and not exclusive.
Section 14.6. No Waiver. The failure of the Board of Directors, Declarant, or any
aggrieved Owner to enforce the West View Estates Documents in any one or more instances
will not be deemed a waiver of the right to do so for any subsequent violations or of the right to
enforce any other part of the West View Estates Documents at any future time.
Section 14.7. No Liability. No member of the Board of Directors, the Declarant or any
Owner will be liable to any other Owner for the failure to enforce any of the West View Estates
Documents at any time.
Section 14.8. Recovery of Costs. If legal assistance is obtained to enforce any of the
provisions of the West View Estates Documents, or in any legal proceeding (whether or not suit
is brought) for damages or for the enforcement of the West View Estates Documents or the
restraint of violations of the West View Estates Documents, the prevailing party will be entitled
to recover all costs incurred by it in such action, including reasonable attorneys' fees (and legal
assistant's fees) and costs as may be incurred, or if suit is brought, as may be determined by the
court.
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ARTICLE 15
RESOLUTION OF DISPUTES
If any dispute or question arises between Members or between Members and West
View Estates Homeowners Association or relating to the interpretation, performance or
nonperformance, violation, or enforcement of the West View Estates Documents, such dispute
or violation may be subject to a hearing and determination by the Board in accordance with the
procedures set forth in the Bylaws.
ARTICLE 16
DURATION OF THESE COVENANTS AND AMENDMENT
Section 16.1. Term. This Declaration and any amendments or supplements hereto will
remain in effect from the date of recordation until the 30`h anniversary of the date this
Declaration is first recorded in the office of the Clerk and Recorder of Flathead County,
Montana. Thereafter these Covenants will be automatically extended for five successive
periods of 10 years each, unless otherwise terminated or modified as provided below.
Section 16.2. Amendment. Subject to Section 16.3 this Declaration, or any provision
of it, may be terminated, extended, modified or amended, or revoked as to the whole or any
portion of the Property as follows:
16.2.1. Prior to Sale of Lots. Prior to the sale of any Lot, the Declarant
(including a Successor Declarant) may terminate, extend, modify, 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.
16.2.2. After Sale of Lots but During Period of Declarant Control. After
the sale of a Lot but before expiration of the Period of Declarant Control, Declarant (including
any Successor Declarant) may terminate, extend, modify, amend or revoke this Declaration as
to the whole or any portion of the Property. A copy of the document stating the action intended
to be taken by the Declarant and a notice of the Owners' rights under this Section shall be
mailed to each Owner by first class mail, postage prepaid, to the address of the Owner on the
records of the West View Estates Homeowners Association. Unless written objection is
received by the Declarant from the Owners holding ninety percent (901/6) of the Owners
objected to the action.
16.2.3. After the Period of Declarant Control. After the Period of
Declarant Control, this Declaration, or any provision of it, may be terminated, extended,
modified or amended, or revoked as to the whole or any portion of the Property upon the
written consent of Owners holding 67% or more of the votes in the West View Estates
Homeowners Association. Any document will be immediately effective upon recording in the
records of Flathead County, Montana, a copy of such executed and acknowledged by the
necessary number of Owners, or alternatively, upon the recording in the records of Flathead
County, Montana, of a copy of the document together with a certificate signed by an officer of
271Page
the West View Estates Homeowners Association stating that the required number of consents
of Owners were obtained.
Section 16.3. Declarant's Approval. Notwithstanding the provisions of Section 16.2,
no termination, extension, modification 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.
Section 16.4. Effect of Amendments. Amendments made pursuant to this Section will
inure to the benefit of and be binding upon all Owners, their families, guests, invitees and
employees, and their respective heirs, successors, and assigns. Joiner of the First Mortgagees
shall not be required in order to effect an amendment.
ARTICLE 17
MISCELLANEOUS PROVISIONS
Section 17.1. Severability. This Declaration, to the extent possible, will be construed
or reformed so as to give validity to all of its provisions. Any provision of this Declaration
found to be prohibited by law or unenforceable will be ineffective to the extent of such
prohibition or unenforceability without invalidating any other part hereof.
Section 17.2. Construction. In interpreting words in this Declaration, unless the
context will otherwise provide or require, the singular will include the plural, the plural will
include the singular, and the use of any gender will include all genders.
Section 17.3. Headings. The headings are included only for purposes of convenient
reference, and they will not affect the meaning or interpretation of this Declaration.
Section 17.4. Waiver. No failure on the part of the West View Estates Homeowners
Association or the Board to give notice or default or to exercise or to delay in exercising any
right or remedy will operate as a waiver, except as specifically provided above in the event the
Board fails to respond to certain requests. No waiver will be effective unless it is in writing
and signed by the President or Vice President of the Board on behalf of the West View Estates
Homeowners Association.
Section 17.5. Limitation of Liability. Neither the Declarant, the West View Estates
Homeowners Association nor any partner, officer or member of either the Declarant or the
Board will be liable to any party for any action or for any failure to act with respect to any
matter arising by, through or under the West View Estates Documents if the action or failure
was made in good faith. The West View Estates Homeowners Association will indemnify all
of the officers and Board members with respect to any act taken in their official capacity to the
extent provided in this Declaration and by law and in the Articles of Incorporation and Bylaws.
Section 17.6. Conflicts Between Documents. In case of conflict between this
Declaration and the Articles of Incorporation or the Bylaws, this Declaration will control. In
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case of conflict between the Articles of Incorporation and the Bylaws, the Articles of
Incorporation will control.
Section 17.7. Assignment. Declarant may assign all or any part of the Special
Declarant Rights or any of Declarant's other rights and reservations hereunder to any successor
who takes title to all or part of the Property in a bulk purchase for the purpose of development
and sale. Such successor will be identified, the particular rights being assigned will be
specified, and, to the extent required, concomitant obligations will be expressly assumed by
such successor, all in a written instrument duly recorded in the records of the Clerk and
Recorder of Flathead County, Montana.
IN WITNESS WHEREOF, Declarant has signed this Declaration on the Date shown
above.
By: Owl Corporation,
Mark G. Owens, Secretary/Treasurer
STATE OF MONTANA
:ss
County of Flathead )
JLV
This instrument was acknowledged before me on this :L day of -2 , as
the true and free act of Owl Corporation, by Mark G. Owens, the Secretary/Treasurer of Owl
Corporation, in accordance with the Articles of Incorporation of Owl Corporation, filed with
the State of Montana.
M B4 LEANN M. BARE
aazrury� 9� NOTARY PUBLIC for the
State of Montana
SEAL
* Residing at Kalispell, Monte
r2e My Commission Expires
IF µof September 22, 2021
"4An Lin
O b+an,+ P LLb I i c. Fn 4-h.. 5f-o-4c bb Phan +a-ncav
291Page
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:
West View Estates, Phase 5
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 and that 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.
lul
Dated this day of 20-IC
Applicant
STATE OF MONTANA
COUNTY OF FLATHEAD
On this day of �`, 2020, before me, the undersigned Notary Public for the State of
Montana, personally appeared Mark Owens, of Owl Corporation, Owner/Developer, 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.
�tiN M�Lpi ROSIN MAUPIN
NOTARY PUBLIC for the
SEAL State of Montana
* Residing at Kalispell, Montana
�'�7 My Commission Expires
0�F_µoS April 16, 2021
� 1
Notary Signature