H4. Meadows Edge Ph 2 Final platCITY OF
KALISPELL
REPORT TO: Doug Russell, City Manager
FROM: PJ Sorensen, Senior Planner
Development Services Department
201 1st Avenue East
Kalispell, MT 59901
Phone: (406) 758-7940
Fax: (406) 758-7739
www.kalispell.com/plannine
SUBJECT: Final Plat request for Meadows Edge Phase 2 Subdivision
MEETING DATE: September 7, 2021
BACKGROUND: Our office has received an application for final plat approval from WGM
Group, on behalf of Meadows Edge, LLC, for a 37-lot residential subdivision on approximately
10.2 acres of land. The subject property is located on Three Mile Drive. The property can be
described as a portion of Tract 3 of COS No. 18892, on file and of record in Flathead County,
Montana, located in the SE t/4 of Section 3, T28N, R22W, Principal Meridian, Montana, City of
Kalispell, County of Flathead, Montana, and is more specifically described on the face of the final
plat.
The Kalispell City Council approved the preliminary plat with 29 conditions on November 2, 2020
(Resolution 6004). All of the conditions have been met or otherwise adequately addressed. The
attached report summarizes the applicant's compliance with the conditions of approval. In
addition, a Subdivision Improvement Agreement in the amount of $1,432,949.38 (125% of
remaining cost) is included for City Council action.
RECOMMENDATION: It is recommended that the City Council approve the final plat and
Subdivision Improvement Agreement for the Meadows Edge Phase 2 Subdivision.
FISCAL EFFECTS: Positive impacts once developed.
ALTERNATIVES: Deny the request.
ATTACHMENTS: Final plat compliance letter and associated attachments.
Report compiled: August 24, 2021
c: Aimee Brunckhorst, Kalispell City Clerk
CITY OF
KALISPELL
August 24, 2021
Doug Russell, City Manager
City of Kalispell
201 1st Ave E
Kalispell, MT 59901
Development Services Department
201 1st Avenue East
Kalispell, MT 59901
Phone: (406) 758-7940
Fax: (406) 758-7739
www.kalispell.com/planning
Re: Final Plat request for Meadows Edge Phase 2 Subdivision
Dear Doug:
Our office has received an application for final plat approval from WGM Group, on behalf of Meadows
Edge, LLC, for a 37-lot residential subdivision on approximately 10.2 acres of land. The subject property
is located on Three Mile Drive. The property can be described as a portion of Tract 3 of COS No. 18892,
on file and of record in Flathead County, Montana, located in the SE t/4 of Section 3, T28N, R22W,
Principal Meridian, Montana, City of Kalispell, County of Flathead, Montana, and is more specifically
described on the face of the final plat.
The Kalispell City Council approved the preliminary plat with 29 conditions on November 2, 2020
(Resolution 6004). All of the conditions have been met or otherwise adequately addressed. The
following report summarizes the applicant's compliance with the conditions of approval. In addition, a
Subdivision Improvement Agreement in the amount of $1,432,949.38 (125% of remaining cost) is
included for City Council action.
COMPLIANCE WITH CONDITIONS OF APPROVAL
The development of the site shall be in substantial compliance with the application submitted,
the site plan, materials, and other specifications as well as any additional conditions associated
with the preliminary plat as approved by the city council and any conditions related to the
Meadows Edge Planned Unit Development.
Staff Response: This condition has been met. The development has been in substantial
compliance with the submitted materials and approvals related to the project.
2. The preliminary plat approval shall be valid for a period of three years from the date of approval.
Staff Response: This condition has been met. Preliminary plat approval was granted on
November 2, 2020.
3. The developer shall submit to the Kalispell Public Works Department for review and approval a
storm water report and an engineered drainage plan that meets the requirements of the current
city standards for design and construction. Prior to final plat, a certification shall be submitted to
the public works department stating that the drainage plan for the subdivision has been installed
as designed and approved.
Staff Response: This condition has been met. A letter from WGM dated May 26, 2021,
certifying the stormwater system was submitted.
4. The developer shall submit to the Kalispell Public Works Department prior to construction an
erosion/sediment control plan for review and approval and a copy of all documents submitted to
Montana Department of Environmental Quality for the General Permit for Storm Water
Discharge Associated with Construction Activities.
Staff Response: This condition has been met. Copies of the approvals from Public Works dated
December 2, 2020, and from DEQ dated November 18, 2020, were submitted.
5. The developer shall submit water and sanitary sewer plans, applicable specifications, and design
reports to the Kalispell Public Works Department and the Montana Department of Environmental
Quality for concurrent review, with approval of both required prior to construction.
Staff Response: This condition has been met. The letters from DEQ and the Municipal Facilities
Exclusion (dated December 10, 2020, January 6, 2021, and December 7, 2020) were submitted
by the applicant, as well as a letter from Public Works dated December 7, 2020, conditionally
approving the plans.
6. Water and sewer main extensions shall be designed and constructed in accordance with the City
of Kalispell's Standards for Design and Construction and in compliance with the city's facilities
update and extensions of services plans. The water and sewer main extension plans shall be
reviewed and approved by the Kalispell Public Works Department. Prior to final plat, a
certification shall be submitted to the Public Works Department stating that the water and sewer
mains have been built and tested as designed and approved.
Staff Response: This condition has been met. The engineering design approval letter from
Public Works dated December 7, 2020, is attached, as is a letter from WGM certifying the
improvements dated May 26, 2021.
7. The sewer for Phases 2 and 5 shall be designed to connect into the West Side Sewer Interceptor.
Final design plans shall be reviewed and approved by the Kalispell Public Works Department
prior to final plat of Phase 2.
Staff Response: This condition has been met. The current configuration has capacity to support
this phase and the connection will be addressed in future phases.
8. New infrastructure required to serve the subdivision shall be designed and constructed in
accordance with the City of Kalispell's Standards for Design and Construction. All design work
shall be reviewed and approved in writing by the Kalispell Public Works Department prior to
construction. This infrastructure shall include but not be limited to streets, street lighting, street
signage, curb, gutter, boulevard and sidewalks.
Staff Response: This condition has been met. Letters from Public Works approving the design
dated December 7, 2020, and accepting the infrastructure dated August 31, 2021, are attached.
9. Three Mile Drive shall be upgraded to a rural collector standard along the property boundary
from the eastern terminus of the development to the west side of the intersection with Edwards
Lane.
Staff Response: This condition has been adequately addressed. The improvements are included
within the Subdivision Improvement Agreement and are bonded for.
10. The developer shall dedicate 40 feet of right-of-way from the center line of Three Mile Drive in
order to provide for the upgrade as part of this and future phases. The dedication shall occur in
conjunction with the final plat of Phases 2 and 5.
Staff Response: This condition has been met. The plat shows a 40-foot dedication along the
frontage of Phase 2.
II. The developer shall obtain an approach permit from the Montana Department of Transportation
(MDT) for approaches onto Farm to Market Road. If any improvements are necessary at the
intersection of the roadways, these improvements shall be completed to the satisfaction of the
MDT prior to final plat and MDT shall so certify this in writing to the city.
Staff Response: This condition is not applicable to Phase 2 as it relates to Phase 5.
12. Individual lots in Phase 2 would not have access onto Three Mile Drive. Access onto Farm -to
Market Road for the lot in Phase 5 would be reviewed at the time of development and would be
required to meet city and MDOT standards.
Staff Response: This condition has been met. Individual lots are accessed through roads within
Phase 2. Access for Phase 5 will be designed at the time that lot is developed.
13. Prior to final plat, a letter from the Kalispell Public Works Department shall be submitted stating
that all new infrastructure has been accepted by the City of Kalispell or a proper bond has been
accepted for unfinished work.
Staff Response: This condition has been met. A letter from Public Works dated August 31,
2021, was submitted which accepted the infrastructure.
14. All easements and/or right-of-ways shall be indicated on the face of the final plat. Utility easements
for City water and sewer shall be provided to allow for the logical extension of utilities from this
subdivision to adjoining properties. A letter from the Kalispell Public Works Department shall be
obtained stating that the required easements are being shown on the final plat.
Staff Response: This condition has been met. A letter from the Public Works Department dated
July 12, 2021, was submitted approved the easements.
15. The following statement shall appear on the final plat: "The undersigned hereby grants unto each
and every person, firm or corporation, whether public or private, providing or offering to provide
telephone, telegraph, electric power, gas, cable television, water or sewer service to the public, the
right to the joint use of an easement for the construction, maintenance, repair, and removal of their
lines and other facilities, in, over, under, and across each area designated on this plat as "Utility
Easement" to have and to hold forever."
Developer's Signature
Staff Response: This condition has been met. The note appears on the final plat
16. Prior to filing the final plat, a letter from the US Postal Service shall be included stating the
Service has reviewed and approved of the design and location of the mail delivery site. The mail
delivery site shall be installed or bonded for prior to final plat. In addition, the mail delivery site
and improvements shall also be included in the preliminary and final engineering plans to be
reviewed by the Public Works Department. The mail delivery site shall not impact a sidewalk or
proposed boulevard area.
Staff Response: This condition has been met. A copy of an email from September 5, 2018,
approving the USPS facilities for Phases 1 and 2 is attached.
17. A letter from the Kalispell Fire Department approving the access, placement of the fire hydrants
and fire flows within the subdivision shall be submitted prior to final plat.
Staff Response: This condition has been met. A letter from the Fire Department dated May 11,
2021, was submitted.
18. A letter shall be obtained from the Parks and Recreation Director approving a landscape plan for
the placement of trees and landscaping materials within the landscape boulevards of the streets
serving the subdivision. The letter shall also approve compliance with the approved park plan
for the overall Meadows Edge PUD as well as satisfaction of any parkland requirements for Phase
2 which may not be met with existing improvements.
Staff Response: This condition has been met. A letter from the Parks Department dated June
25, 2021, was submitted approving the landscaping and parks plans.
19. A note shall be placed on the final plat indicating a waiver of the right to protest creation of a
park maintenance district. This district shall only be activated in the event that the property
owners' association defaults on their park and open space amenity conditions. The taxes levied
within the maintenance district shall be determined by the Parks and Recreation Department with
approvals by the Kalispell City Council.
Staff Response: This condition has been met. The note appears on the final plat.
20. A note shall be placed on the final plat indicating a waiver of the right to protest creation of a
stormwater maintenance district. This district shall only be activated in the event that the property
owner(s) default on the maintenance of the approved stormwater facilities. The taxes levied
within the maintenance district shall be determined by the Public Works Department with
approvals by the Kalispell City Council.
Staff Response: This condition has been met. The note appears on the final plat.
21. A minimum of two-thirds of the necessary infrastructure for the subdivision shall be completed
prior to final plat submittal.
Staff Response: This condition has been met. The remaining portion is part of a Subdivision
Improvement Agreement and is bonded for.
22. All utilities shall be placed underground and in locations that are approved by the Kalispell Public
Works Department in accordance with the Kalispell Standards for Design and Construction.
Staff Response: This condition has been met. Utilities have been placed underground in
compliance with Public Works approvals
23. All areas disturbed during development shall be re -vegetated with a weed -free mix immediately
after development.
Staff Response: This condition has been met. The developer is revegetating disturbed areas.
24. Any water rights associated with the property are to be addressed according to the provisions of
the Memorandum of Understanding between the developer and the City of Kalispell dated May
6, 2019.
Staff Response: This condition has been met. Water rights have been addressed pursuant to the
Memorandum of Understanding.
25. A note shall be placed on the final plat that stating: "This subdivision is located in an agriculture
area and potential nuisances such as noise, dust, odors, and irregular hours of operation are to be
expected. As such, the right to farm on adjoining properties shall not be restricted as a result of
the development or occupancy of this subdivision."
Staff Response: This condition has been met. The note appears on the final plat.
26. A homeowner's association (HOA) shall be formed and established for the common areas prior
to final plat.
Staff Response: This condition has been met. The developer has submitted covenants showing
that this phase is incorporated into the HOA, which has maintenance responsibility for the
common areas.
27. Subdivision signage for the development shall comply with Section 27.22.050(6) of the Kalispell
Zoning Ordinance.
Staff Response: This condition has been met. Subdivision signage was addressed with a prior
phase.
28. The alleyways within the development shall be designated as "private" at time of final plat.
Staff Response: This condition has been met. The alleys are shown as private on the final plat.
29. The paths located within Three Mile Drive and W. Spring Creek/Farm to Market shall be
maintained by the Meadows Edge HOA.
Staff Response: This condition has been met. Provisions for path maintenance have been
incorporated into the Meadows Edge covenants.
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, the R-3 zoning underlying zoning, and
the Planned Unit Development overlay on 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 Meadows Edge
Phase 2.
Attachments: - Two mylars of final plat
- 11 x 17 copy of final plat
- Subdivision Improvement Agreement dated 8/24/21
- Applicant letter responding to conditions dated 5/26/21
- Final plat application
- Fidelity National Title Report FT1585-211754
- Flathead County tax certification dated 8/10/21
- DEQ MFE Letters dated 12/10/20 and 1/6/21
- MFE dated 12/7/20
- DEQ Stormwater Discharge/SWPPP 11/18/20
- City Stormwater Management Permit dated 12/2/20
- WGM certification for water and sewer dated 5/26/21
- WGM certification for stormwater dated 5/26/21
- USPS email dated 9/5/18
- Kalispell Public Works Engineering Approval dated 12/7/20
- Kalispell Public Works acceptance letter dated 8/31/21
- Kalispell Public Works easement letter dated 7/12/21
- Kalispell Parks Dept letter dated 6/25/21
- Kalispell Fire department letter dated 5/11/21
- Stormwater maintenance agreement dated 8/10/18
- CCRs
c w/ Att: Aimee Brunckhorst, Kalispell City Clerk
c w/o Att: WGM Group
431 1st Ave W
Kalispell, MT 59901
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Return to:
Aimee Brunckhorst
Kalispell City Clerk
201 151 Avenue East
Kalispell, MT 59901
APPENDIX E
SUBDIVISION IMPROVEMENT AGREEMENT
THIS AGREEMENT, made and entered into this 24th day of August 20 21 , by and
between the CITY COUNCIL, CITY OF KALISPELL, MONTANA, Party of the First Part and
hereinafter referred to as the CITY, and
Meadows Edge, LLC (Name of
Developer)
a Corporation
(Individual, Company or Corporation)
located at P.O. Box 7184, Kalispell, Flathead County, Montana 59904
(Street Address/P. O. Sox) (City, County, State, Zip)
Party of the Second Part and hereinafter referred to as DEVELOPER.
WITNESSETH:
THAT WHEREAS, the Developer is the owner and developer of a new subdivision known as
Meadows Edge Phase 2 (Name of
Subdivision)
located at Tract 3 of COS 18892, in the SE 114 Section 3, T28N, R22W, P.M.,M., Flathead County, MT
(Location of Subdivision)
and,
WHEREAS, the City has conditioned it's approval of the final plat of
_Meadows Edge Phase 2 , upon the conditions as set forth (Name
of Subdivision) in the Preliminary Plat of the Subdivision being completed and all improvements, as
cited in "Exhibit A" have not been completed at this time, and the Developer wishes to bond for the
completion of those improvements set forth in "Exhibit A"; and
WHEREAS, the City's Subdivision Regulations require that a subdivider shall provide a financial
security of 125116 of the estimated total cost of construction of said improvements as evidenced by an
estimate prepared by a licensed public engineer included herewith as "Exhibit B"; and
WHEREAS, the estimated total cost of construction of said improvements is the sum of
$ 1,146,359.50
NOW THEREFORE, in consideration of the approval of the final plat of said Subdivision by the City,
the Developer hereby agrees as follows:
L The Developer shall deposit as collateral with the City a Letter of Credit, or other acceptable collateral
as determined by the City Council, in the amount of $ 1,432,949.38 . Said Letter of
Credit or other collateral shall have an expiration date of at least sixty (60) days following the
date set for completion of the improvements, certifying the following:
a. That the creditor guarantees funds in the sum of $ 1,432,949.38 the estimated cost of
completing the required improvements in Meadows Edge Phase 2 (landscape plus offsite improvements)
(Name of Subdivision)
b. That if the Developer fails to complete the specified improvements within the required period,
the creditor will pay to the City immediately, and without further action, such funds as are
necessary to finance the completion of those improvements up to the limited of credit stated in the
letter;
2. That said required improvements shall be fully completed by June 30 , 2022
3. That upon completion of the required improvements, the Developer shall cause to be filed with the
City a statement certifying that:
a. All required improvements are complete;
b. That the improvements are in compliance with the minimum standards specified by the City for
their construction and that the Developer warrants said improvements against any and all defects
for a period of two (2) years from the date of acceptance of the completion of those improvements
by the City;
c. That the Developer knows of no defects in those improvements;
d. That these improvements are free and clear of any encumbrances or liens;
e. That a schedule of actual construction costs has been filed with the City; and,
f. All applicable fees and surcharges have been paid.
4. The Developer shall cause to be filed with the City copies of final plans, profiles, grades and
specifications of said improvements, with the certification of the registered professional engineer
responsible for their preparation that all required improvements have been installed in
conformance with said specifications.
IT IS ALSO AGREED BY AND BETWEEN THE PARTIES HERETO AS FOLLOWS, TO -WIT:
That the Developer shall provide for inspection of all required improvements by a registered professional
engineer before the Developer shall be released from the Subdivision Improvement Agreement.
That if the City determines that any improvements are not constructed in compliance with the
specifications, it shall furnish the Developer with a list of specific deficiencies and may withhold collateral
sufficient to insure such compliance. If the City determines that the Developer will not construct any or all
of the improvements in accordance with the specifications, or within the required time limits, it may
withdraw the collateral and employ such funds as may be necessary to construct the improvement or
improvements in accordance with the specifications. The unused portions of the collateral shall be returned
to the Developer or the crediting institution, as is appropriate.
IN WITNESS WHEREOF, the Parties have hereunto set their hands and seals the day and year herein
before written.
e?"d3 e!FJG 6-
(Name of Subdivision/Developer/Firm) n
by CJ&D6 N)A06A �l`L� fooS�fu /K 0-9 -
(Name) (Title)
STATE OF MONTANA
COUNTY OF r-1 - f e o
On this Zq-t'N day of ALA-1 LLS7L 20 �� , before me, a Notary Public for the State
of Montana, personally appeared'i82 a %., known to me to be the
(1ct'-:ct� of m,whose name is subscribed to
the foregoing instrument and acknowledged to me that helshe executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal this day and year
first above written.
Notary Public f r the State of M tana
Printed Name 'M'N&c--0Gt�'A
Residing at Name
T 1 `4,
My Commission Expires
MAYOR, CITY OF KALISPELL
ATTEST:
o� 000y MINDY COCHRAN
NOTARY PUBLIC for the
State of Montana
N� SEAL i Residing at Kalispell, MT
OF M� My Commission Expires
May 17, 2023.
MAYOR----�--------� -- � � --��- CITY CLERK-- �-- —
EXHIBIT A
Conditions of approval as fixed to the preliminary plat by the City Council, Kalispell, Montana.
EXHIBIT B
This agreement specifically includes the following improvements, their projected construction completion date and
estimated construction costs.
CHECK CONSTRUCTION ESTIMATED PERCENTAGE
APPROPRIATE COMPLETION CONSTRUCTION COMPLETE
IMPROVEMENTS DATE COSTS
Street Grading/Paving
Street Base
Sidewalks
Curbs and Gutters
Sanitary Sewers
Mains
Other { )
On -Site Sewage
Facilities
Water Systems
Mains
Other ( }
On -Site Water Supply
Water Storage Tanks
Fire Hydrants
Storm Sewer or
Drainage Facilities
Street Signs
Street Lighting
Street Monuments
Survey Monument Boxes
Landscaping/Boulevard trees
Other ( )
SUBTOTAL
FEES
TOTALS COSTS
TOTAL COLLATERAL (TOTALS COSTS X 125%)
EXHIBIT "A"
RESOLUTION NO.6004
A RESOLUTION CONDITIONALLY APPROVING THE PRELIMINARY PLAT OF
PHASES 2 AND 5 OF MEADOWS EDGE, DESCRIBED AS A TRACT OF LAND BEING A
PORTION OF TRACT 3 OF CERTIFICATE OF SURVEY NO.18892, ON FILE AND OF
RECORD IN FLATHEAD COUNTY, MONTANA, LOCATED IN THE SOUTHEAST
QUARTER OF SECTION 3, TOWNSHIP 28 NORTH, RANGE 22 WEST, P.M.M.,
FLATHEAD COUNTY, MONTANA.
WHEREAS, Meadows Edge, LLC, the owner of the certain real property described above, has
petitioned for approval of Phases 2 and 5 of the Subdivision Plat of said property;
and
WHEREAS, the Kalispell City Planning Board and Zoning Commission held a public hearing on
October 13, 2020 on the proposal and reviewed Subdivision Report #KPP-20-03
issued by the Kalispell Planning Department; and
WHEREAS, the Kalispell City Planning Board and Zoning Commission has recommended
approval of the Preliminary Plat of Phases 2 and 5 of Meadows Edge, subject to
certain conditions and recommendations; and
WHEREAS, the city council of the City of Kalispell at its regular council meeting of November 2,
2020, reviewed the Kalispell Planning Department Report #KPP-20-03, reviewed the
recommendations of the Kalispell City Planning Board and Zoning Commission, and
found from the Preliminary Plat, and evidence, that the subdivision is in the public
interest.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
KALISPELL, MONTANA AS FOLLOWS:
SECTION 1. That the Findings of Fact contained in Kalispell Planning Department Report
#KPP-20-03 are hereby adopted as the Findings of Fact of the city council.
SECTION 2. That the application of Meadows Edge, LLC for approval of the Preliminary
Plat of Phases 2 and 5 of Meadows Edge, Kalispell, Flathead County,
Montana is hereby approved subject to the following conditions:
1. The development of the site shall be in substantial compliance with the application
submitted, the site plan, materials, and other specifications as well as any additional
conditions associated with the preliminary plat as approved by the city council and any
conditions related to the Meadows Edge Planned Unit Development.
2. The preliminary plat approval shall be valid for a period of three years from the date of
approval.
3. The developer shall submit to the Kalispell Public Works Department for review and
approval a storm water report and an engineered drainage plan that meets the requirements of
the current city standards for design and construction. Prior to final plat, a certification shall
be submitted to the public works department stating that the drainage plan for the subdivision
has been installed as designed and approved.
4. The developer shall submit to the Kalispell Public Works Department prior to construction
an erosion/sediment control plan for review and approval and a copy of all documents
submitted to Montana Department of Environmental Quality for the General Permit for
Storm Water Discharge Associated with Construction Activities.
5. The developer shall submit water and sanitary sewer plans, applicable specifications, and
design reports to the Kalispell Public Works Department and the Montana Department of
Environmental Quality for concurrent review, with approval of both required prior to
construction.
6. Water and sewer main extensions shall be designed and constructed in accordance with the
City of Kalispell's Standards for Design and Construction and in compliance with the city's
facilities update and extensions of services plans. The water and sewer main extension plans
shall be reviewed and approved by the Kalispell Public Works Department. Prior to final
plat, a certification shall be submitted to the Public Works Department stating that the water
and sewer mains have been built and tested as designed and approved.
7. The sewer for Phases 2 and 5 shall be designed to connect into the West Side Sewer
Interceptor. Final design plans shall be reviewed and approved by the Kalispell Public Works
Department prior to final plat of Phase 2.
8. New infrastructure required to serve the subdivision shall be designed and constructed in
accordance with the City of Kalispell's Standards for Design and Construction. All design
work shall be reviewed and approved in writing by the Kalispell Public Works Department
prior to construction. This infrastructure shall include but not be limited to streets, street
lighting, street signage, curb, gutter, boulevard and sidewalks.
9. Three Mile Drive shall be upgraded to a rural collector standard along the property boundary
from the eastern terminus of the development to the west side of the intersection with
Edwards Lane.
10. The developer shall dedicate 40 feet of right-of-way from the center line of Three Mile Drive
in order to provide for the upgrade as part of this and future phases. The dedication shall
occur in conjunction with the final plat of Phases 2 and S.
11. The developer shall obtain an approach permit from the Montana Department of
Transportation (MDT) for approaches onto Farm to Market Road. If any improvements are
necessary at the intersection of the roadways, these improvements shall be completed to the
satisfaction of the MDT prior to final plat and MDT shall so certify this in writing to the city.
12. Individual lots in Phase 2 would not have access onto Three Mile Drive. Access onto Farm -
to Market Road for the lot in Phase 5 would be reviewed at the time of development and
would be required to meet city and MDOT standards.
13. Prior to final plat, a letter from the Kalispell Public Works Department shall be submitted
stating that all new infrastructure has been accepted by the City of Kalispell or a proper bond
has been accepted for unfinished work.
14. All easements and/or right-of-ways shall be indicated on the face of the final plat. Utility
easements for City water and sewer shall be provided to allow for the logical extension of
utilities from this subdivision to adjoining properties. A letter from the Kalispell Public
Works Department shall be obtained stating that the required easements are being shown on
the final plat.
15. The following statement shall appear on the final plat: "The undersigned hereby grants unto
each and every person, firm or corporation, whether public or private, providing or offering
to provide telephone, telegraph, electric power, gas, cable television, water or sewer service
to the public, the right to the joint use of an easement for the construction, maintenance,
repair, and removal of their lines and other facilities, in, over, under, and across each area
designated on this plat as "Utility Easement" to have and to hold forever."
Developer's Signature
16. Prior to filing the final plat, a letter from the US Postal Service shall be included stating the
Service has reviewed and approved of the design and location of the mail delivery site. The
mail delivery site shall be installed or bonded for prior to final plat. In addition, the mail
delivery site and improvements shall also be included in the preliminary and final
engineering plans to be reviewed by the Public Works Department. The mail delivery site
shall not impact a sidewalk or proposed boulevard area.
17. A letter from the Kalispell Fire Department approving the access, placement of the fire
hydrants and fire flows within the subdivision shall be submitted prior to final plat.
18. A letter shall be obtained from the Parks and Recreation Director approving a landscape plan
for the placement of trees and landscaping materials within the landscape boulevards of the
streets serving the subdivision. The letter shall also approve compliance with the approved
park plan for the overall Meadows Edge PUD as well as satisfaction of any parkland
requirements for Phase 2 which may not be met with existing improvements.
19. A note shall be placed on the final plat indicating a waiver of the right to protest creation of a
park maintenance district. This district shall only be activated in the event that the property
owners' association defaults on their park and open space amenity conditions. The taxes
levied within the maintenance district shall be determined by the Parks and Recreation
Department with approvals by the Kalispell City Council.
20. A note shall be placed on the final plat indicating a waiver of the right to protest creation of a
stormwater maintenance district. This district shall only be activated in the event that the
property owner(s) default on the maintenance of the approved stormwater facilities. The
taxes levied within the maintenance district shall be determined by the Public Works
Department with approvals by the Kalispell City Council.
21. A minimum of two-thirds of the necessary infrastructure for the subdivision shall be
completed prior to final plat submittal.
22. All utilities shall be placed underground and in locations that are approved by the Kalispell
Public Works Department in accordance with the Kalispell Standards for Design and
Construction.
23. All areas disturbed during development shall be re -vegetated with a weed -free mix
immediately after development.
24. Any water rights associated with the property are to be addressed according to the provisions
of the Memorandum of Understanding between the developer and the City of Kalispell dated
May 6, 2019.
25. A note shall be placed on the final plat that states: "This subdivision is located in an
agriculture area and potential nuisances such as noise, dust, odors, and irregular hours of
operation are to be expected. As such, the right to farm on adjoining properties shall not be
restricted as a result of the development or occupancy of this subdivision."
26. A homeowner's association (HOA) shall be formed and established for the common areas
prior to final plat.
27. Subdivision signage for the development shall comply with Section 27.22.050(6) of the
Kalispell Zoning Ordinance.
28. The alleyways within the development shall be designated as "private" at time of final plat.
29. The paths located within Three Mile Drive and W. Spring Creek/Farm to Market shall be
maintained by the Meadows Edge HOA.
SECTION 3. Upon proper review and filing of the Final Plat of said subdivision in the
office of the Flathead County Clerk and Recorder, said premises shall be a
subdivision of the City of Kalispell.
PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF
THE CITY OF KALISPELL THIS 2ND DAY OF NOVEMBER, 2020.
ATTEST:
ae Brunckhorst, CMC
City Clerk
Mark Jc"
Mayor
y ............
,,p�`
SEAL
1892
4�01VT
Project Name: MEADOWS EDGE SUBDMSION, PHASE 2
WGM Project Number 171034.21
Owner. MEADOWS EDGE, LLC
Bonding Date: August 23, 2021
EXHIBIT "B"
CERTIFICATION OF WORK TO BE 4, WG M G R 0 U P
COMPLETED
Completed as of Bonding Date Total
Final Construction
Construction
Quantity Costs
Quantities
and Costs
Une Item Item 0esulpdan
iiaAiF
Unit
quantity
Unit Price
Total
Quantity
Current Total
Schedule 1- Site Work
1.1
Mobilization, Submittal. & Permits
tS
1
$201000.00
$20,W0.00
1.0000
$217,000.00
1.2
Erosion Control Measures
1S
1
$4,000.00
$4.000.00
1.0000,
$4,000.00
13
Traffic Control
t5
1
$2,500.00
$2.500.00
1.0000
$2.500.00
1.4
Construction Survey
LS
i
$4400.00
$5A00.00
1.0000
$6A00.00
is
Clearing Topsoil & Stockpile
LS
1
528,OW.00
$28,000.00
Low
$28,000,01)
1.6
Embankment lwumrs lSriMraeye Npla[edenxyl
LS
1
$54,DDD.00
$54,000.00
1.0000
554,000.00
17
Import Material
LS
1
$127,100,00
$127,100,00
1.0000
$127,2W.00
18
Seeding&Restoration
LS
1
$6,400.00
$6AD0.00
1.00W
$6.400.00
19
Material Testing
LS
i
$4,6DO.00I
$4,600.00
1.DDDD
$4,6110.00
SCHEDULE i TOTAL
$253,09iGOD
$253J0110-M.
Schedule 2 • Roads & Sidewalks
2.1
3' Minus Select Subbase Material
Cw
1515
$34.201
$51,813.00
1,51s
$51,8L3.00
2.2
3/4' Minus Base Course Material
rY
lolo
$38.50
$38,385.00
1,0101
$38,835.00
2.3
Asphall Pavement(4' Thickness)
SY
$014
$23.00
$115,322.DO
5,014
$115,322.00
2A
Standard Curb & Gutter
LF
1632
$20.0D
$36,640.110
1,832
$36,640.DD
2S
Drive Over Curb and Gutter
LF
943
$23.00
$21.699.00
943
$21,689.00
2.6
Aley Approach
EA
1
$2,235.00
$2,235.00
1
$2,235.00
2.7
Sidewalk (4' Concrete. 5 Width, 6' Base}
SF
14066
$6.00
$84,396.00
24,066
$84,396.00
2.3
ADATruncaled Domes
EA
6
$1,270.00
$7,620.00
6
$7,620.00
2.9
Saw -Cut and Replace Existing Pavement, Base. and Sub -Base
1S
1
$8,907,00
$3,907.00
$367,F07.00
1
S%907,W
$167,507.00
SCHEDULE 2 TDTAL
- --_ . -
Schedule 3 - Water System
3.1
B' PVC Water Main
LF
1394
$62.00!
$85,moo
113"
$85,808.00
3.2
8' Dia. L3.25' O.I. Elbow
EA
2
$730.00
$1A60.00
2
$1,460.00
3.3
8' Dia. 22.5' D.1. Elbow
EA
3
$730.00
$2,2L4.00
3
$2.214.00
3.4
Conned to Existing Water Main
EA
3
$1,370.00
$4,110,00
3
$4,110,00
35
ex8' M)XW D.1. Tee
EA
1
$1,035.W
$1,035.00
1
$1,035.00
3.6
6' Fire Hydrant Assembly
EA
3
$6,075.00
$18,225.00
3
$18,225.00
3.7
r M]xW Gate Valens, Boxes. & Apron
EA
7
$2,005.00
$14,035.00
7
$14,035.00
3.8
3/4' Domestic Water Service Iwith standard meter pit lid)
EA
36
$3,344.00
$120,384.00
36
$120,394.00
3.9
3/4' Domestic Water Service (with traHc.rated meter pit lid)
EA
1
$3,344.00
$3,344.00
1I
$3,344.00
SCREDULE 3 TOTAL
825Q615.00
$250,E15.00
Schedule 4 • Sewer System
4.1
Cornett to Existing
FA
1
$1,978.00
$1,978.00
1I
$1,978.00
4.2
install 48' Dia. Manhole w/Cover & Concrete Collar
(A
i
$3,550.00
$28A00.00
8'
$28,400.00
43
4' Sanitary Sewer Service
LA
37
$1,645.00
$68,265.00
37
$60,265.00
4A
8' SDR35 PVC Sewer Main
Lf
1111
553 m l $72,716.00
1,372
$72,716.00
SCHEDULE 4 TOTAL
-- -- $171,359.00
$171,359.00
Schedule 5 - Stormwater Management
5.1
30' I.D. Storm Basin {w/ slotted grate casting, collar, & rings)
EA
1
$1,936.00
$1,936.00
1
S1,936.00
5.2
30' I.D. Storm Basin {w/ stand-up curb casting, apron, & rings)
EA
5
$2,30D.00
S111500.00
5
$11,500.00
5.3
30" I.D. Storm Basin {w/ drlvewer curb casting, apron, & rings)
EA
1
$2,15D.00
S2.150.00
1
$2,150.00
SA
45' I.D. Storm Basin (w/ drive -over curb astittg, apron, & rings)
EA
1
$3,200.00
$3,200.00
1
S3,2011.00
5.5
49" I.D. Storm Basin (w/ solid cover casting, collar, & rings)
EA
7
$3,525.00
$24,675.00
7
S24,67520
5.6
12' PVC, 509 35 Storm Main
LF
"a
$56.50
$53,562.D0
948
SS3,562.00
5.7
18' PVC, SDA 35 Storm Main
LF
20
$80.00
$1,6W.01)
20
$1,600,00
5.8
Connect to Existing Storm Manhole
EA
1
$1,980.00
$1,980.00
$100,603.00
1
$1,980.00
SCHEDULE 5 TOTAL
$100,603.00
Schedule 6 - Dry Utilities, Street Lighting, and Signage
6.1
Utility Trench vAth Bedding
LF
2,381
$8,00
$19,048.00
2,381
$19,048,00
6.2
3" Conduit w/ Pull Rope
LF
3,266
$4 50
$14,697.00
3,266
$14,697.00
6.3
2' Conduit W/ Pull Rope
IF
6,240
$3 50
$21,84020
6,240
$21,BWOO
6.4
1" Conduit w/ Pull Rope
LF
212
$2 751 $503.00
212
$593.00
6.5
Single Phase Utility Vault
EA
S
SeS0.00
$4,250.00
5
$4,250.00
6.6
Secondary Electrical Pedestal
EA
15
$57.001
SR55.00
15
$955,00
6.7
Street Ught Concrete Base
EA
4
$925.00 1 $3,700.00
4
$3,700.00
6.9
Street Signs I2-Stop w/road names, 2•Prlvate Alkyl
LS
1
$1,150.00
$1,350.00
1
$1,150.00
6.9
3v Lang Radius Sweep
EA
27
$65.00
$1,75S.00
27
$1,755,00
6.10
2" tong Radius Sweep
EA
Ili
$58.00
$6,612.00
114
$6,612.00
6.11
1' Long Radius Sweep
EA
8
$52.00
S416.00
a
$416.00
6.22
4' Gas Sleeve
LF
y47
$5.00
$1,176.00
147
$1,176.00
SCHEDULE 6TOTAL
$76,OB2A0
-
- -- $76,082.00
PRASE 2 CIVIL CONSTRUCTION BASE BID TOTAL
S1,219,166.110
1,219.166.00
PHASE 2 LANDSCAPING
L.1
Mobilization, Demobilization, Insurance, Permits
LS
1
$4,000.00
$4,000-00
a
$0.00
L.2
Park/Open Space Grass Seed Mix
i i
1
$21,321-W
$11,321.00
0
$000
1.3
Deciduous Tree 2.25'cal sired
U
12
$360.00-
$18,720.00
0
$0.00
L,4
Coniferous Tree: S-6' height
EA
S
$360.00
$1,800.00
0
$0.00
LS
Vinyl Fence
iF
963
$2150
$20,70450
0
$000
L6
10' wide Asphalt Path (3" asphalt, 8" gavel base)
: G
47#
$32.00
$26,932.DO
0
$0.00
$0.00
PHASE 2 LANDSCAPING TOTAL
$73,377.50
PHASE
5 QIFFSITE
WATER MAIN
EXTENSION
Schedule 1 - Site Work
2.1
Mobilization, Submittals & Permits
LS
i
$7,200.00
$7,200.00
0.0000
$0.00
1.2
Erosion Control Measures
LS
1
$2,950.00
$2,950.00
0.000D
$0.00
1.3
Taffic Control
LS
1
$26,550.00
$26,550.00
0.0000
$0.00
IA
Construction Surrey
LS
1
$2,950,00
52.9S0.00
0.0000
$0.00
I.5
Clearing & Reuse of Topsoil
IS
1
$3,061.00
$3,061.00
0.0000
$0.00
2.6
Embankment
IS
z
$3,10S.00
$3,105.00
0.0000
$0.00
1.7
Seeding & Restoration
IS
5
S2,950.00
$2,950.00
0.0000
$0.00
is
"Wrw Testing
0
i
51. W C-5
$2,360.00
n NW
$0.00
SCHEDULE 1 TOTAL
$52,216.00
SO.DD
Schedule 2 -Water System
2.1
22"CM PVC Water Main
LF
4k7
$99.00,
$57,613DO
0
2.2
8' C9W PVC Water Main
LF
56
59O.So I
$3,077.00
0
%D0
2.3
12' X 8' M1XW D.I. Tee
EA
1
$1,502.00
51,S02.00
■
so.00
2A
18- to 12- RedYLer
EA
L
$2,153.00
$2,153.00
g
$0.00
2.5
Connect to Existing water Main - IS-
EA
1
$1,836.00
$1,836.00
0
$0.00
I.6
Connect to Existing Water Main -8'
EA
L
S5,045.00
$5,045.00
9
Woo
2.7
22' Dis. Ml End Cap
EA
L
$912.00
S912.00
D
$0.00
2.8
&" Fire Hydrant Assembly (12' x 6' Tee)
EA
1
$8,065.00
$16,130.00
0
$0,00
29
12' MJXM1 Gate Valve w/ Box & Collar
EA
_
$3,633.00
$18,165.00
C
$0.00
2 10
8' MJXM1 Gate Valve w/9ox & Collar
EA
3
$2,349.00
$7,349.00
6
$0.00
SCHEDULE 3 TOTAL
$10$ 796.00
1
$0.004
PHASE 5 WATER BASE BIO TOTAL
$159,912.00
$0.00
OF F58TE
•ail e
FqjlRf! Ml
NT5 JF)ICLMES
ANY IhADTF'
Schedule 1 • Site Work
1.1
Mobilization, Submittals & Permits
LS
1
$45,000.00
S4S,000.00
0
$0,00
1.2
Erosion Control Measures
IS
1
$10,000.OD
$10,000.00
0
%oo
1.3
Traffic Control
IS
H
$22,000.00
$22,D00.00
0
$0.00
1.4
Cxtnstruction5urvey
LS
t
$9,000.00
Sa,000,00
0
$0.00
I's
Clearing Topsoil & Stockpile
LS
L
$15,000.00
SI5,000A0
0
$0.00
1.6
Embankment (assumes IS% shrinkage fin-p ace density)
LS
_
520,OD0.00
S20,000.D0
D
S0.00
1.7
Seeding & Restaraton
LS
1
$10,000,00
$101000.00
0
$i•..00
1.8
Material Testing
LS
3
$20,000.00�
$20.000.00
0
$0.00
1.9
Demolition
IS
1
S25,000.00I
52S,000.00
0
50.0o
SCHEDULE lTOtAI-
--- S0.60
-
-- 5175,000.00
--
Schedule 2 - Roads & Sidewalks
21
Asphalt Pavement (4' Thickness)
iY
9037
$21.00
$208,677.00
0
$0.00
22
3/4' Minus Base Course Materla (6' Thickness)
cr
1757
$44.00
$77,308.00
D
$0,00
23
3' Minus Select Subbase Maier at I IS -Thickness;
CY
4392
$28.00
$122,976.00
D
$0.00
2A
Standard Curb &Gutter
LF
$96
$20.00
511,9moo
D
50.00
25
Laydown Curb and Gutter
IF
34
$23.00
$782A0
D
$0.00
2.6
Sidewalk W Concrete, 8' Width, 6- Base)
SF
256N
$6.00
$153,624.00
$0.D0
27
ADA Truncated Domes
EA
5
$1,270.01)
$6,350.00
7I
2.8
SIW{Yt Existing Pavement
tF
420
$10.001
$4,200.00
a
SCHEDULE 2 TOTAL
s0.00
$5g5,>I37.OD
Schedule 3 - Stormwater Management
3.1
48' I.D. Storm Basin (w/ standard curb casting, aprcn, & r ngsl
LA
,
$3,600.00
$3.600.00
a
$0,00
3.2
48' I.D. Storm Basin (w/ solid cover cast'ng, collar, & rings?
FA
$3,525.00
$3,525.D0
D
S0.00
33
12' Class4 Circular RCP Pipe
LJ
4+L1
$300.00
$4,400.00
U
$0.00
3.4
13.5' x 22' (Ir Equlvalent) RCP Arch Pipe
L`
282
$120.00
$33,840.00
C
$0.00
3.5
24" CMP Pipe
L;
7
$80.00
S560.DD
0
$0.00
3.6
12'Clas&4 RCP Clrcuhr Flared End SeCLcn
LA
2
$8uu.cu
$1,600,00
0
$0.00
37
3.8
13 S' x 22' (18' Equhalent) pass a RCP Arch Flared End Section
24 Orwlar CMP Flared End Section
EA
EA
6
1
$1,000.00
$600.00
S6.000-oo
$600.00
0
0
$0.00
$0.00
SCHEDULE 3 TOTAL
$S41125.00
woo
Schedule 4 - Striping, Signage and Lighting
4.1 Street Signs 14•Stop whoad names, 2-stop sign ahead)
4.2 Temporary Pavement Markings
4.3 Epoxy Pavement Markings
4.4 Street light concrete Bare
4.5 1- PVC Conduit for Street Ughts
4.6 1' long Radius Snoop
4.7 FEC Electrical and Street Ught Fee
LS
GAL
GAL
EA
LF
EA
LS
1
37
49
12
2679
24
1
$5,000.00
$160,00
$350.00
$1,000m
$10,00
$52.00
S30,000.00
SS,000.00
$5,920,00
$11,1S0.00
$12,000.00
$26,790,00
S1,248.00
$30,000.00
0
0
1
0
0
0
0
$0.00
SO-00
$0,00
$0.00
S0.0o
$0.00
$0.00
SCHEDULE4TOTAL
69g,108J o
$0.00
PHASES 1, 2, & S OFFSITE ROAD BASE BID TOTAL
$913,070.00
$0.00
TOTAL PROJECT BUDGET (INCLUDES LANDSCAPING & OFFSITE)
52.36SS25.50
$1,2119,1166A0
TOTAL ESTIMATED COST OF CONSTRUCTION
$2,365,S25.50
AMOUNT COMPLETED PRIOR TO BONDING
$1,219,166.00
AMOUNT OF REMAINING WORK PRIOR TO BONDING
$1,146,359.50
AMOUNT OF BOND (125% OF REMAINING WORK)
$1,432,949.38
AS PROJECT ENGINEER FOR MEADOWS EDGE SUBDIVISION PHASE 2,1 CERTIFY THAT THE WORK LISTED
A,
HEREIN IS CORRECT. IN ADDITION, I CERTIFY THAT THE ASSOCIATED COSTS ARE REASONABLY ACCURATE
STEPI-LANIIEA.
ESTIMATES OF THE RESPECTIVE COSTS OF THE WORK.
REYNOLDS
THE VALUE OF CONSTRUCTION AND OTHER WORK COMPLETED TO DATE IS ESTIMATED TO BE:
28
$1,219,166.00
THE TOTAL VALUE OF REMAINING WORK, SERVICES AND FEES IS ESTIMATED TO BE:
$1,146,359.50
SECURITY HELD AT 12S%OF THE REMAINING COSTS SHOULD BE IN THE AMOUNT OF:
$IA32,949.38
STEPHANIE REMOLDS, P.E. *ALL IMPROVEMENTS SHALL BE COMPLETED BY: August 23, 2022
4&"AWGMGROUP
Community Values. Inspired Futures.
May 26, 2021
Jarod Nygren, Director
Kalispell Planning Department
201 1 st Avenue East
Kalispell, MT 59901
Re: Final Plat Application for Meadows Edge Phase 2 Subdivision
Dear Jarod:
As the engineer of record for Meadows Edge Phase 2 Subdivision, I hereby certify that all of the
conditions stated in Resolution No. 6004 have been addressed to the best of my knowledge, except
Conditions #14 and #18, which are currently in review and pending City approval.
Enclosed is the Final Plat application for the Meadows Edge Phase 2 Subdivision. The conditions of
approval are listed below along with how each has been addressed:
1. The development of the site shall be in substantial compliance with the application submitted, the
site plan, materials, and other specifications as well as any additional conditions associated with
the preliminary plat as approved by the city council and any conditions related to the Meadows
Edge Planned Unit Development.
The development of the site is in substantial compliance with the preliminary plat documents as
approved by City Council. Please see enclosed Resolution No. 6004 — Preliminary Plat Conditions
of Approval.
2. The preliminary plat approval shall be valid for a period of three years from the date of
approval.
The preliminary plat was approved in November 2020 and is still valid.
3. The developer shall submit to the Kalispell Public Works Department for review and approval
a storm water report and an engineered drainage plan that meets the requirements of the
current city standards for design and construction. Prior to final plat, a certification shall be
submitted to the public works department stating that the drainage plan for the subdivision
has been installed as designed and approved.
Please see enclosed City of Kalispell Public Works Engineering approval letter. A
certification letter stating that the drainage plan for the subdivision has been installed as
designed and approved is enclosed.
4. The developer shall submit to the Kalispell Public Works Department prior to construction an
erosion/sediment control plan for review and approval and a copy of all documents submitted
to Montana Department of Environmental Quality for the General Permit for Storm Water
Discharge Associated with Construction Activities.
431 1 st Avenue West, Kalispell, MT 59901 1 OFFICE 406.756.4848 1 EMAIL wgm@wgmgroup.com
Kalispell Planning Department
May 26, 2021
Page 2 of 6
An erosion control plan was submitted with the construction documents to the Kalispell Public
Works Department and the Montana Department of Environmental Quality. Prior to
construction, the Contractor obtained a General Permit for Storm Water Discharge
Associated with Construction Activities. Please see the enclosed Montana Department of
Environmental Quality Notice of Intent Confirmation Letter and the City of Kalispell
Stormwater Permit Approval Letter.
5. The developer shall submit water and sanitary sewer plans, applicable specifications, and
design reports to the Kalispell Public Works Department and the Montana Department of
Environmental Quality for concurrent review, with approval of both required prior to
construction.
Please see the City of Kalispell Public Works Engineering approval letter enclosed under
Condition #3 and Montana Department of Environmental Quality's approval letter (DEQ#21-
1452) and MFE.
6. Water and sewer main extensions shall be designed and constructed in accordance with the
City of Kalispell's Standards for Design and Construction and in compliance with the city's
facilities update and extensions of services plans. The water and sewer main extension plans
shall be reviewed and approved by the Kalispell Public Works Department. Prior to final plat,
a certification shall be submitted to the Public Works Department stating that the water and
sewer mains have been built and tested as designed and approved.
A certification letter stating water & sewer mains have been installed and tested in
accordance with City of Kalispell and DEQ requirements is enclosed.
7. The sewer for Phases 2 and 5 shall be designed to connect into the West Side Sewer Interceptor.
Final design plans shall be reviewed and approved by the Kalispell Public Works Department prior
to final plat of Phase 2.
The current sewer configuration has the capacity to support this phase of the subdivision without
connection to the West Side Interceptor, therefore connection to the West side Interceptor will be
addressed in future phases.
8. New infrastructure required to serve the subdivision shall be designed and constructed in
accordance with the City of Kalispell's Standards for Design and Construction. All design work shall
be reviewed and approved in writing by the Kalispell Public Works Department prior to construction.
This infrastructure shall include but not be limited to streets, street lighting, street signage, curb,
gutter, boulevard and sidewalks.
A conditional approval letter from the Kalispell Public Works Department is enclosed under
Condition #3 stating that design of all new infrastructure has been approved by the City of
Kalispell. Please see enclosed Public Works Engineering approval letter for Meadows Edge
Subdivision Phase 2.
9. Three Mile Drive shall be upgraded to a rural collector standard along the property boundary from
the eastern terminus of the development to the west side of the intersection with Edwards Lane.
Kalispell Planning Department
May 26, 2021
Page 3 of 6
This will be addressed as part of the future offsite road improvements project scheduled to be
constructed this summer/fall.
10. The developer shall dedicate 40 feet of right-of-way from the center line of Three Mile Drive
in order to provide for the upgrade as part of this and future phases. The dedication shall
occur in conjunction with the final plat of Phases 2 and 5.
The above note is included on the final plat.
11. The developer shall obtain an approach permit from the Montana Department of
Transportation (MDT) for approaches onto Farm to Market Road. If any improvements are
necessary at the intersection of the roadways, these improvements shall be completed to the
satisfaction of the MDT prior to final plat and MDT shall so certify this in writing to the city.
Not applicable to Phase 2.
12. Individual lots in Phase 2 would not have access onto Three Mile Drive. Access onto Farm -
to Market Road for the lot in Phase 5 would be reviewed at the time of development and
would be required to meet city and MDOT standards.
Individual lots are accessed through roads within Phase 2. Access for Phase 5 will be designed at
the time that lot is developed.
13. Prior to final plat, a letter from the Kalispell Public Works Department shall be submitted
stating that all new infrastructure has been accepted by the City of Kalispell or a proper bond
has been accepted for unfinished work.
A Subdivision Improvements Agreement (SIA) including proper bonding is pending due to
landscaping items that are in the process of being completed. Almost all of the infrastructure has
been constructed to date. Please see the SIA enclosed with the final plat application form. A
cashier's check will be provided to the City of Kalispell.
14. All easements and/or right-of-ways shall be indicated on the face of the final plat. Utility
easements for City water and sewer shall be provided to allow for the logical extension of utilities
from this subdivision to adjoining properties. A letter from the Kalispell Public Works Department
shall be obtained stating that the required easements are being shown on the final plat.
All existing and proposed easements are shown on the face of the enclosed final plat. A letter from
the Kalispell Public Works Department confirming this is pending.
15. The following statement shall appear on the final plat: "The undersigned hereby grants unto
each and every person, firm or corporation, whether public or private, providing or offering to
provide telephone, telegraph, electric power, gas, cable television, water or sewer service to the
public, the right to the joint use of an easement for the construction, maintenance, repair, and
removal of their lines and other facilities, in, over, under, and across each area designated on
this plat as "Utility Easement" to have and to hold forever."
Kalispell Planning Department
May 26, 2021
Page 4 of 6
The above note is included on the final plat.
16. Prior to filing the final plat, a letter from the US Postal Service shall be included stating the
Service has reviewed and approved of the design and location of the mail delivery site. The
mail delivery site shall be installed or bonded for prior to final plat. In addition, the mail delivery
site and improvements shall also be included in the preliminary and final engineering plans
to be reviewed by the Public Works Department. The mail delivery site shall not impact a
sidewalk or proposed boulevard area.
A letter of approval from the US Postal Service is enclosed.
17. A letter from the Kalispell Fire Department approving the access, placement of the fire
hydrants and fire flows within the subdivision shall be submitted prior to final plat.
A letter of approval from the Kalispell Fire Department is enclosed.
18. A letter shall be obtained from the Parks and Recreation Director approving a landscape plan
for the placement of trees and landscaping materials within the landscape boulevards of the
streets serving the subdivision. The letter shall also approve compliance with the approved
park plan for the overall Meadows Edge PUD as well as satisfaction of any parkland
requirements for Phase 2 which may not be met with existing improvements.
The Phase 2 landscape plan is pending approval by the Parks Department.
19. A note shall be placed on the final plat indicating a waiver of the right to protest creation of a
park maintenance district. This district shall only be activated in the event that the property
owners' association defaults on their park and open space amenity conditions. The taxes
levied within the maintenance district shall be determined by the Parks and Recreation
Department with approvals by the Kalispell City Council.
The above note is included on the final plat.
20. A note shall be placed on the final plat indicating a waiver of the right to protest creation of
a stormwater maintenance district. This district shall only be activated in the event that the
property owner(s) default on the maintenance of the approved stormwater facilities. The
taxes levied within the maintenance district shall be determined by the Public Works
Department with approvals by the Kalispell City Council.
The above note is included on the final plat.
21. A minimum of two-thirds of the necessary infrastructure for the subdivision shall be
completed prior to final plat submittal.
Please reference the SIA Exhibit "B" enclosed with the final plat application that states
approximately 95% of necessary public infrastructure has been completed as of the bonding date.
22. All utilities shall be placed underground and in locations that are approved by the Kalispell
Public Works Department in accordance with the Kalispell Standards for Design and
Kalispell Planning Department
May 26, 2021
Page 5 of 6
Construction.
Please refer to the City's conditional approval letter enclosed under Condition #3. In addition, all
dry utilities have been designed and constructed in underground conduits and vaults or pedestals.
23. All areas disturbed during development shall be re -vegetated with a weed -free mix
immediately after development.
Areas disturbed during development will be re -vegetated by contractor with a weed -free mix
immediately after development.
24. Any water rights associated with the property are to be addressed according to the provisions
of the Memorandum of Understanding between the developer and the City of Kalispell dated
May 6, 2019.
For simplification of the water rights transfer process, we transferred all water rights to the City
after the completion of a memorandum of understanding (MOU) from the City allowing the
developer to continue using the north well for farming undeveloped land within the subdivision
until the last phase gets developed. Enclosed is a Meadows Edge Water Rights Memorandum
quantifying the water rights associated with this development and the MOU from the Public Works
Department.
25. A note shall be placed on the final plat that stating: "This subdivision is located in an
agriculture area and potential nuisances such as noise, dust, odors, and irregular hours of
operation are to be expected. As such, the right to farm on adjoining properties shall not be
restricted as a result of the development or occupancy of this subdivision."
The above note is included on the final plat.
26.A homeowner's association (HOA) shall be formed and established for the common areas
prior to final plat.
The Meadows Edge Homeowners Association, Inc., has been established for the upkeep and
maintenance of the common areas of Meadows Edge Subdivision Phase 2. Please see enclosed
HOA Certification Letter.
27. Subdivision signage for the development shall comply with Section 27.22.050(6) of the
Kalispell Zoning Ordinance.
A subdivision sign for the development will comply with Kalispell Zoning Ordinances. The
subdivision sign is specified within the Phase 1A Landscaping Plan.
28. The alleyways within the development shall be designated as "private" at time of final plat.
The alleyways have been designated as "private" within the Construction Documents and on the
Final Plat. In addition, signage will be placed at the beginning of the private alleyways, as seen in
the construction plan set.
Kalispell Planning Department
May 26, 2021
Page 6 of 6
29. The paths located within Three Mile Drive and W. Spring Creek/Farm to Market shall be
maintained by the Meadows Edge HOA.
The Meadows Edge Homeowners Association, Inc., has been established and shall maintain any
paths located outside of City Right -of -Way and within the Meadows Edge Subdivision. Please see
enclosed HOA documentation.
Sincerely,
WGM Group, Inc.
34�z�- A,
Stephanie A. Reynolds, P.E.
Senior Project Engineer
Enclosures: Conditions of approval supporting documentation for Phase 2
Development Services
Department
11CAILISPEILIL 201 1st Avenue East
honKalispell, ) 7 59901
Phone (406) 758-7940
-794
FINAL PLAT
Email: planning@kalispell.com Website: www•kalispell.com
Project Name Property Address
Meadows Edge Subdivision Phase 2 825 Three Mile Dr.
NAME OF APPLICANT
Meadows Edge, LLC.
Applicant Phone
(360) 609-8105
Applicant Address
P.O. Box 7184
Zip City, State,
Kalispell, MT, 59904
Applicant Email Address
rayk@northwoodcabinets.com
If not current owner, please attach a letter from the current owner authorizing the applicant to proceed with the application.
OWNER OF RECORD Owner Phone
Meadows Edge, LLC. I (360) 609-8105
Owner Address City, State, Zip
P.O. Box 2190 Woodland, WA 98674
Owner Email Address
rayk@northwoodcabinets.com
CONSULTANT (ARCHITECT/ENGINEER)
WGM Group, Inc.
Phone
406-756-4848
Address
431 1 st Avenue West
City, State, Zip
Kalispell, MT, 59901
Email Address
POINT OF CONTACT FOR REVIEW COMMENTS
Stephanie Reynolds P.E.
Phone
406-756-4848
Address
431 1 st Avenue West
City, State, Zip
Kalispell, MT, 59901
Email Address
sreynolds@wgmgroup.com
List ALL owners (any individual or other entity with an ownership interest in the property):
Meadows Edqe, LLC.
Legal Description (please provide a full legal description for the property and attach a copy of the most recent deed):
A Portion of Tract 3 of COS 18892 in the SE 1/4 of Section 3, Township 28 North, Range 22 West, P.h
Flathead County, Montana
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.
KALISPELL
1. Date of Preliminary Plat Approval November 2, 2020
Development Services
Department
201 1st Avenue East
Kalispell, MT 59901
Phone (406) 758-7940
2. Type of Subdivision: Residential tndustrlalE] Commercial PUDD Other❑
3. Total number of lots in Subdivision: 37
4. Land in Project (acres) 102
5. Parkland (acres) 056
8. Number of lots by type:
Single Family 37
Commercial/Industrial
Townhouse (sublots)
6. Cash -in -lieu $
7. Exempt
Multi -Family
Mobile Home
RV Park
Other
INSTRUCTIONS FOR FINAL PLAT
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 w/ attachments
Title Report (Original, not more than 90 days old)
Tax Certification (Property Taxes must be paid)
Pending
Consent(s) to Plat (Originals and notarized)
Subdivision Improvement Agreement (Attach 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 D of subdivision regulations
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 i formation or representation submitted in connection with this application be incorrect or untrue, I understand that any approval
based thereon ay be rescinded, and other appropriate action taken. The signing of this application signifies approval for the Kalispell City staff to
ee
present on the property for routine monitoring and inspection during the approval and development process.
Applicant Signature Date
c.t t aii
Ap-
]FICALISPELL
APPLICATION PROCESS
(application must be received and
accepted by the Kalispell Planning
Department 30 days prior to the City
Council Meeting)
Application Contents:
Development Services
Department
201 1st Avenue East
Kalispell, MT 59901
Phone (406) 758-7940
1. Completed application form & attachments
2. Electronic copy of the application materials submitted. Either
copied onto a disk or emailed to planning@kaIispell.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 $ 5,475
SUBDIVISION
Issued By:
... Fidelity
National Title
Guarantee/Certificate Number:
FT1585-211754
FIDELITY NATIONAL TITLE INSURANCE COMPANY
a corporation, herein called the Company
GUARANTEES
WGM Group, its successors and/or assigns as their respective interests may appear.
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 Insurance Company
By:
Fidelity National Title Company of Flathead Valley, LLC
150 1st Avenue WN, Suite B
Kalispell, MT 59901
Countersigned By:
Karla Kemm
Authorized Officer or Agent
DEA
Attest:
Randy Quirk, President
Marjorie Nemzura, Secretary
Subdivision Guarantee/Certificate Printed: 05.24.21 @ 10:14 AM
Page 1 MT-FT-FLAT-01585.350200-SPS-1-21-FT1585-211754
FIDELITY NATIONAL TITLE INSURANCE COMPANY
ISSUING OFFICE:
GUARANTEE/CERTIFICATE NO.
FT1585-211754
Title Officer: Karla Kemm (LC)
Fidelity National Title Company of Flathead Valley, LLC
150 1st Avenue WIN, Suite B
Kalispell, MT 59901
Main Phone: (406)755-7004
Email: Karla.Kemm@fnf.com
SCHEDULE A
Liability
Premium
Tax
$10,000.00
$150.00
$0.00
Effective Date: May 19, 2021 at 08:00 AM
The assurances referred to on the face page are:
That, according to those public records which, under the recording laws, impart constructive notice of matter relative to
the following described property:
A TRACT OF LAND BEING A PORTION OF TRACT 3 OF CERTIFICATE OF SURVEY NO. 18892, ON
FILE AND OF RECORD IN FLATHEAD COUNTY, MONTANA, LOCATED IN THE SOUTHEAST ONE
QUARTER OF SECTION 3, TOWNSHIP 28 NORTH, RANGE 22 WEST, PRINCIPAL MERIDIAN,
MONTANA, CITY OF KALISPELL, COUNTY OF FLATHEAD, MONTANA; MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF OPEN SPACE 'F' OF THE PLAT OF MEADOWS
EDGE - PHASE 1 B, ON FILE AND OF RECORD IN FLATHEAD COUNTY, MONTANA; THENCE
ALONG THE SOUTH AND WEST BOUNDARY LINES OF SAID PLAT OF MEADOWS EDGE PHASE 1 B
THE FOLLOWING EIGHT COURSES:
1) S85°46'19"E, ALONG THE SOUTH LINES OF SAID OPEN SPACE 'F' AND LOT 51 OF SAID PLAT
OF MEADOWS EDGE - PHASE 1 B, 127.53 FEET; 2) S08°07'58"W, 38.20 FEET; 3)S81 °52'19"E, 60.00
FEET; 4) S73°57'59"E, 110.19 FEET TO A POINT ON A TANGENT CURVE CONCAVE TO THE NORTH
HAVING A RADIUS OF 1180.00 FEET; 5)EASTERLY, ALONG SAID TANGENT CURVE THROUGH A
CENTRAL ANGLE OF 14'19'21", AN ARC DISTANCE OF 294.97 FEET TO THE NORTHWEST
CORNER OF THE PRIVATE ALLEY LYING WEST OF LOTS 85-92 OF SAID PLAT OF MEADOWS
EDGE - PHASE 1 B; 6) SO4°22'56"W, ALONG THE WEST LINE OF SAID PRIVATE ALLEY, 473.83
FEET; 7) N86°14'37"W, 12.17 FEET; 8) S03°45'23"W, 232.27 FEET TO A POINT ON THE SOUTH LINE
OF SAID SECTION 3;
THENCE N86°48'42"W, ALONG THE SOUTH LINE OF SAID SECTION 3,574.47 FEET; THENCE
N04°13'48"E, ALONG THE WEST LINE OF TRACT 3 OF SAID CERTIFICATE OF SURVEY NO. 18892,
805.18 FEET TO THE POINT OF BEGINNING.
THE ABOVE PARCEL IS TO BE KNOWN AND DESIGNATED AS MEADOWS EDGE - PHASE 2
Title to said real property is vested in:
Meadows Edge, LLC
subject to the matters shown below under Exceptions, which Exceptions are not necessarily shown in the order of their
priority.
Subdivision Guarantee/Certificate Printed: 05.24.21 @ 10:14 AM
Page 2 MT-FT-FLAT-01585.350200-SPS-1-21-FT1585-211754
GUARANTEE/CERTIFICATE NO.
FIDELITY NATIONAL TITLE INSURANCE COMPANY
SCHEDULE A
(continued)
END OF SCHEDULE A
FT1585-211754
Subdivision Guarantee/Certificate Printed: 05.24.21 @ 10:14 AM
Page 3 MT-FT-FLAT-01585.350200-SPS-1-21-FT1585-211754
GUARANTEE/CERTIFICATE NO.
FIDELITY NATIONAL TITLE INSURANCE COMPANY
SCHEDULE B
a. Rights or claims of parties in possession not shown by the Public Records.
FT1585-211754
b. Encroachments, overlaps, boundary line disputes, and any other matters which would be disclosed by
an accurate survey and inspection of the Land including, but not limited to, insufficient or impaired
access and matters contradictory to any survey plat shown by the Public Records.
c. Easements, or claims of easements, not shown by the Public Records.
d. Any lien, or right to a lien, for services, labor, or material heretofore or hereafter furnished, imposed by
law and not shown by the Public Records.
e. (a) unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the
issuance thereof; (c) water rights, claims or title to water, whether or not the matters accepted
under (a), (b), (c) are shown by the Public Records.
f. Taxes to special assessments which are not shown as existing liens by the records of any taxing
authority that levies taxes or assessments on real property or by the Public Records. Proceedings by
a public agency which may result in taxes or assessments, or notices of such proceedings, whether or
not shown by the records of such agency or by the Public Records.
g. County road rights -of -way, not recorded and indexed as a conveyance of record in the office of the
Clerk and Recorder pursuant to Title 70, Chapter 21 MCA, including, but not limited to any right of the
public to use and occupy those certain roads and trails.
h. Mineral rights, claims or title to minerals in or under said land, including but not limited to metals, oil,
gas, coal, or other hydrocarbons, sand, gravel, or stone, and geothermal energy rights, and easement
or other rights or matters relating thereto, whether express or implied, recorded, or unrecorded.
Paragraphs 1, a, b, c, d, and f will not appear as printed exceptions on extended coverage policies, except as to
such parts thereof which may be typed as a Special Exception as shown below.
SPECIAL EXCEPTIONS:
General Taxes for the year 2020
1st Half: $1,725.00 PAID
2nd Half: $1,724.96 PAID
Tax ID No.: 01-0013865
Affects: Premises and other property
2. General County Taxes for the year 2021 and subsequent years, which are a lien but not yet due or payable.
Delinquent water and service charges of the City of Kalispell, if any, for which no investigation has been made.
4. Any possible additional tax assessments because of construction and/or improvements to the property.
A 60 foot declared county road, known as Three Mile Drive along the southerly boundary as disclosed by County
Assessor's Map and surveys of record.
Subdivision Guarantee/Certificate Printed: 05.24.21 @ 10:14 AM
Page 4 MT-FT-FLAT-01585.350200-SPS-1-21-FT1585-211754
GUARANTEE/CERTIFICATE NO.
FIDELITY NATIONAL TITLE INSURANCE COMPANY
0
10
11
12
13
SCHEDULE B
(continued)
FT1585-211754
Recitals, notes, sanitary restrictions, ordinances, resolutions, easements, dedications and covenants as contained
or referred to on Certificate of Survey No. 17323. Reference is hereby made to the survey for more particulars.
Recording No.: 2006-158-10510
Recitals, notes, sanitary restrictions, ordinances, resolutions, easements, dedications and covenants as contained
or referred to on Certificate of Survey No. 18892. Reference is hereby made to the survey for more particulars.
Recording No.: 201000004200
Grant of Easement and Water Well Agreement
Recording Date: June 18, 2010
Recording No.: 201000014008
This property lies within the boundaries of Resolution No. 5873 for The alteration of the boundaries of the City of
Kalispell by including therein as an annexationto be known as Meadows Edge Additon No. 438, recorded June 14,
2018 at 201800011933 and will be subject to any levies and assessments thereof.
Ordinance No. 1810
Recording Date: September 21, 2018
Recording No.: 201800023321
Memorandum of Understanding between The City of Kalispell, Montana and Meadows Edge, LLC
Recording Date: June 10, 2019
Recording No.: 201900011237
This property lies within the boundaries of Resolution No. 5874 for approving the preliminary plat of Phase 1 of
Meadows Edge, recorded July 17, 2019 at 201900014653 and will be subject to any levies and assessments
thereof.
Notice of Right to Claim a Lien
Claimed by: Sliters Lumber and Building Supply
Against: Meadow Edge LLC
For: building materials
Recording Date: April 2, 2020
Recording No.: 202000008501
Pmb
Renewal for a 2nd Year of Notice of Right to Claim a Lien
Recording Date: March 19, 2021
Recording No.: 202100009443
Affects: Premises and Other Property
Subdivision Guarantee/Certificate Printed: 05.24.21 @ 10:14 AM
Page 5 MT-FT-FLAT-01585.350200-SPS-1-21-FT1585-211754
GUARANTEE/CERTIFICATE NO.
FIDELITY NATIONAL TITLE INSURANCE COMPANY
SCHEDULE B
(continued)
FT1585-211754
14. Recitals, notes, dedications, easements, certificates and covenants as contained on the proposed plat of
Meadows Edge - Phase 2. Reference is hereby made to the plat for more particulars.
15. 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.
16. The land described in the commitment/policy shall not be deemed to include any home trailer or mobile home
located on the property.
17. Exceptions and reservations contained in Patents of record.
END OF SCHEDULE B
Subdivision Guarantee/Certificate Printed: 05.24.21 @ 10:14 AM
Page 6 MT-FT-FLAT-01585.350200-SPS-1-21-FT1585-211754
Plat Room
Flathead County, Montana
800 S. Main St.
Kalispell, MT 59901
(406) 758-5510
This Form is for Subdivisions Only
BY: WGM Group
FOR: Meadows Edge LLC DATE: 06/04/2021
DESCP : Meadows Edge Phase 2 PURPOSE: Subdivision
YEARS ASSESSOR #
2018 thru 2020 0013865
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. f
AUG 1 G 2021
asurer
\s'°FCL, MON`�
Montana DeEQ
partment
of Environmental Quality
December 10, 2020
Stephanie Reynolds PE
WGM Group
431 1st Avenue West
Kalispell MT 59901
RE: Meadows Edge Phase 2
Municipal Facilities Exclusion
EQ# 21-1587
City of Kalispell
Flathead County
Dear Ms. Reynolds;
This is to certify that the information and fees received by the Department of Environmental Quality relating to
this subdivision are in compliance with 76-4-127, MCA. Under 76-4-125(1)(d), MCA, this subdivision is not
subject to review, and the Declaration can be filed with the county clerk and recorder.
Plans and specifications must be submitted when extensions of municipal facilities for the supply of water or
disposal of sewage are proposed 76-4-131. Construction of water or sewer extensions prior to DEQ, Public Water
Supply Section's approval is prohibited, and is subject to penalty as prescribed in Title 75, Chapter 6 and Title
76, Chapter 4.
Meadows Edge Phase 2 Municipal Facilities Exclusion will consist of 37 Residential Lots.
Sincerely,
Ashle�n
Department of Environmental Quality
Engineering Bureau
Public Water & Subdivision Review
(406) 461-9844
email akroonL&mt.gov
cc: City Engineer
County Sanitarian
Owner
file
Steve Bullock, Governor I Shaun McGrath, Director I P.O. Box 200901 1 Helena, MT 59620-0901 1 (406) 444-2544 1 www.deq.mt.gov
Montana Department AQM,�M
of Environmental Quality
January 6, 2021
Stephanie Reynolds, PE
WMG Group
431 1 st Ave West
Kalispell, MT 59901
Re: Meadows Edge Subdivision Phase II
Water & Sewer Main Extensions Approval
EQ#21-1452
Dear Mrs. Reynolds:
Thank you for the additional information and revised plans and specifications, received December 10,
2020. This information was reviewed along with the original submittal for the proposed Meadows Edge
Subdivision, Phase 2, located west of West Spring Creek Road and north of Three Mile Drive. All
submittal material was received under the seal of Stephanie Reynolds license#28574PE. The application
was reviewed in accordance with Circular DEQ-1 Design Standard, 2018 Edition and Circular DEQ-2
Design Standard, 2018 Edition. A deviation request from DEQ-2, Standard 38.2 was approved on
December 10th, 2020.
The water and sanitary sewer plans and specifications, received December 10, 2020, are hereby
approved. One copy of the plans and specifications bearing the approval stamp of the Department of
Environmental Quality is enclosed. A second set will be retained as Department Record.
The water main improvements include: approximately 1,485 lineal feet of 8-inch water main (PVC C900
DR18) and associated hydrants.
The sanitary sewer main improvements include: approximately 1,368 feet of 8-inch diameter (SDR 35
PVC) gravity sewer main, associated manholes, with connection to an existing manhole located on
Morning Eagle Drive.
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.
Steve Bullock, Governor I Shaun McGrath, Director 1 655 Timberwolf Parkway Suite 3 1 Kalispell, MT 59901-1215 1 (406) 755-8985 1 www.deq.mt.gov
Meadows Edge Subdivision Phase II
Water & Sewer Main Extensions Approval
EQ#21-1452
Page 2
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. If you have any further questions, please contact me
at (406) 444-6713 or psimonich2(u-)_mt.gov
Sincerely,
t — --
Paul Simonich, P.E.
Public Water Supply and Subdivisions Bureau
cc: Flathead County Environmental Health
MDEQ Plan Review File
DEAQd4%%�
Montana Department
of Environmental Quality
November 18, 2020
Mitchell Hill
SANDRY CONSTRUCTION CO INC
PO BOX 507
Big Fork, MT 59911
RE: Confirmation Letter, Notice of Intent (NOI) MTR108698, Meadows Edge Subdivision Phase 2
Effective January 1, 2021 a sign or other form of notice to publicly display confirmation of coverage is required on
site.
Dear Mitchell Hill:
The Department of Environmental Quality (DEQ) acknowledges the receipt of your complete application package (NOI
and SWPPP) to discharge under the January 01, 2018, General Permit for Storm Water Discharges Associated with
Construction Activity (SWC-GP) on 11/19/2020 08:39:00. Your authorization number under the SWC-GP is
MTR108698. Please include this number on any correspondence with DEQ regarding this site.
This letter confirms only that a complete NOI has been received. DEQ does not assess the validity of the information you
provided other than project location as it relates to sage grouse habitat. Your signature on the NOI certifies that you have
read, understand, and are implementing all applicable requirements.
Specifically, the SWC-GP:
Requires implementation of a Storm Water Pollution Prevention Plan (SWPPP),
Defines the inspection process, and
Defines record keeping requirements (refer to Part 2.5 of the General Permit).
The SWC-GP and additional guidance materials can be viewed and downloaded from out FACTS page at
http://deq.mt.gov/Public/FACTS or the MT DEQ website at http://deq.mt.gov/Water/StorrnWater/StorrnSystems.
Authorization under the SWC-GP remains in effect until you submit a complete Notice of Termination (NOT). Your
signature on the NOT certifies that you have achieved final stabilization, removed your temporary Best Management
Practices, and have paid all applicable fees. All effective authorizations are assessed annual fees each calendar year until a
complete NOT is received.
Coverage under the SWC-GP does not waive your obligation to obtain coverage under other applicable permits. If you
have questions regarding SWC-GP requirements, please contact me at (406) 444-0574 or via email
catherine.culver@mt.gov.
Sincerely,
en- a,u
Cathy Culver
Data Control Tech
December 02, 2020
Mitchell Hill
Sandry Construction
200 Basin View Road
Bigfork, MT 59911
Re: Approval letter for City Stormwater Management Permit Number SW20-0264 for project
site: 927 THREE MILE DR, 59901
Dear Permittee:
As of July 17th, 2017, all stormwater permits must be reviewed and approved before the
commencement of any land disturbing activity.
This letter serves as an approval letter to begin land disturbance for the above -referenced project site.
You are required to:
(1) Implement the City Stormwater Management Plan prior to any land disturbance
(2) Develop and maintain best management practices
(3) Terminate the permit once the site is properly stabilized
To keep track of current projects, yearly renewal is required. If your project will continue past December
31 st of the current year, permit renewal is required. Failure to renew your permit before January 1 st of
next year may incur a late fee.
Please review and follow the City Stormwater Management Ordinance 1600 (www.kalispell.com) and
the Erosion and Sediment Control Best Management Practices Reference Manual
(www.mdt.mt.gov/research/projects/env/erosion.shtml).
Note: This permit is separate from any permit required by other governmental agencies and does not
waive any obligation by you to obtain other permits or approvals that may be required. If you have any
questions, please call 406-758-5705 or email clewis(a)kalispell.com.
Sincerely,
/n
Casey Lewis
Environmental Specialist
Public Works Department
City of Kalispell
201 1st Avenue East, P.O. Box 1997, Kalispell, MT 59903 -Phone (406) 758-7720 -Fax (406) 758-7831, www.kalispell.com
4 &WGMGROUP'
Community Values. Inspired Futures.
May 26, 2021
City of Kalispell
Public Works Department
Attn: Mark Crowley
201 1 st Avenue East
Kalispell, MT 59901
Re: Meadows Edge Subdivision Phase 2
EQ#: 21-1452 Water and Sanitary Sewer Main Extensions
Water and Sanitary Sewer System Certification
Dear Mark:
WGM Group, Inc. certifies that the water and sanitary sewer system improvements serving the Meadows
Edge Phase 2 subdivision have been completed and tested in substantial conformity with the approved
WGM Group, Inc. construction plans and specifications dated 12/14/20 and approved construction
modifications. There are no deviations from the design standards other than those previously approved by
the department.
If you have any questions or would like additional information, please feel free to give me a call at 756-
4848 or email me at sreynolds(a�wgmgroup.com.
Sincerely,
WGM Group, Inc.
Sjj�4�- 1q//�_) /,4,-
Stephanie A. Reynolds, PE
SENIOR PROJECT ENGINEER
cc: MDEQ / EQ#21-1452 — Paul Simonich
Edge, LLC —Wade Rademacher
City of Kalispell Planning Department — Jarod Nygren
City of Kalispell Public Works Department — Keith Haskins
File
431 1 "Avenue West, Kalispell, MT 59901 1 OFFICE 406.756.4848 1 EMAIL wgm@wgmgroup.com
MONTANA DEPARTMENT OF ENVIRONMENTAL QUALITY
DE MUNICIPAL FACILITIES EXCLUSION
Q.-
Subdivision Name: Meadows Edge Phase 2 Number of lots/parcels/Units: M 1
Geocode:07396503401010000
(this can be found at h :1 t o l m a a
Are main extensions necessary to serve the subdivision? X Yes _No If yes, have plans for the mains been submitted
for review? _LYes—No By the applicant
How will construction of the facilities be financed?
Owner Information:
Owner(s) Name: Meadows Edge, LLC
Print name of owner(s)
Address: P.O. Box 7148, Kalispell, MT 59904
Signature of all owners of record
Street or PO Box, City, State, Zip Code
Email: wade@edgedevelopment-mt.com
Phone: (406) 756-7484
Consultant Information:
Company and Address: WGM Group, Inc., 431 1 st Ave. W., Kalispell, MT 59901
Email: sreynolds@wgmgroup.com
Phone: (406) 756-4848
Eliaibilifi► Requirements: All of the followilna criteria must be met:
WIThe project must be provided with adequate municipal water and sewer, solid waste disposal and the
municipality must review storm water plans.
W]All the mains necessary to serve the subdivision must be municipality owned, operated and maintained. Privately
owned mains or lift stations make the project ineligible for this exemption.
WThe municipality must be a 1"1 or 214 class municipality as described in MCA 7-4-111 or covered under a growth
policy pursuant to Title 76, chapter 1.
The project must be one of the following (check applicable box):
A new division subject to review under the Montana Subdivision and Platting Act, or
Previously divided parcels recorded with Sanitary Restrictions prior to July 1, 1973 or
Divisions or parcels of land that are exempt from Montana Subdivision and Platting Act review
under 76-3-203 or 76-3-207 (1) (a), (b), (d), (e), or (f)
Form continues on next page♦
Submittal Reaulreme ts: All of the following Remo must be submitted:
This form, signed by the property owner, and the municipalities' representative.
Copy of Preliminary Plat, COS, Amended Plat or Unit Declaration. The Plat, COS, Am Plat or Unit
Declaration must contain the exemption 764-125 (1)(d)(i), (!I) or (iii). If using item (iii), the Plat, COS, Am Plat
or Unit Declaration must also contain the appropriate Platting Act exemption.
Vicinity map showing project location.
✓❑ Applicable zoning ordinances in effect ❑on file
Copy of growth policy, if applicable Wion file
$120 processing fee
Certification:
I hereby certify that I am licensed to practice engineering in the State of Montana, I am employed directly or retained by the
municipality providing service and am authorized to sign on behalf of the municipality. In addition, I hereby certify that:
1. The existing water and wastewater systems are in compliance with the provisions of Title 75, chapters Sand 6, and
2. The water and wastewater systems have adequate capacity to meet the needs of the project, and
3. The municipality has or will review plans to ensure adequate storm water drainage and adequate solid waste
disposal.
(Signature of Professional Engineer)
Montana P.E. Number 28672
Send to: MTDEQ Subdivisions
PO Box 200901
Helena MT 59620-0901
12/07/2020 2:48:58 PM
(Date Signed)
',pNTA /V,q
DOUGLAS
KETH
HASKINS
No. 28672PE
PE Stamp
4 &WGMGROUP'
Community Values. Inspired Futures.
May 26, 2021
City of Kalispell
Public Works Department
Attn: Mark Crowley
201 1 st Avenue East
Kalispell, MT 59901
Re: Meadows Edge Subdivision Phase 2
Stormwater System Certification
Dear Mark:
For the purpose of meeting final plat requirements, WGM Group, Inc. certifies that the stormwater system
improvements installed to date serving the Meadows Edge Phase 2 subdivision have been completed and
tested in substantial conformity with the approved WGM Group, Inc. construction plans and specifications
dated 12/14/20 and approved construction modifications. These improvements consist of stormwater pipes,
catch basins and inlet grates, manholes, and curb and gutter. Any punch list items will be addressed at
project completion.
If you have any questions or would like additional information, please feel free to give me a call at 756-4848
or email me at srevnolds(a)wamarouo.com.
Sincerely,
WGM Group, Inc.
Stephanie A. Reynolds, PE
SENIOR PROJECT ENGINEER
431 1 "Avenue West, Kalispell, MT 59901 1 OFFICE 406.756.4848 1 EMAIL wgm@wgmgroup.com
Stephanie Reynolds
From: Bridget Roskam
Sent: Wednesday, September 5, 2018 2:58 PM
To: Stephanie Reynolds; EMAIL FILE BASKET
Subject: FW: Meadows Edge Subdivision Postal Facilities
From: Carter, Susii - Kalispell, MT <Carrol.S.Carter@usps.gov>
Sent: Wednesday, September 5, 2018 2:47 PM
To: Bridget Roskam <broskam@wgmgroup.com>
Cc: Schlecht, Josh W - Kalispell, MT <Joshua.W.Schlecht@usps.gov>; Landis, Donald T - Kalispell, MT
<donald.t.landis@usps.gov>
Subject: RE: Meadows Edge Subdivision Postal Facilities
To whom it may concern;
You have been approved for mail delivery using CBUs in a turnout format for Phase 1 & 2. 1 have reviewed all the
submitted documents and everything looks good. I suggest that the CBU location be moved closer to the curb, and the
concrete area there be widened to accommodate the sidewalk running behind the CBUs. I also reminded Bridget that
the concrete in this area needed to be 8 inches thick to accommodate a 6 inch bolt. I am also suggesting that the
developer utilize 16 unit cluster instead of the 13 unit since the 16 unit cluster box has two parcel lockers built in instead
of one.
Any questions, feel free to contact me.
Thanks,
Susii Carter
350 N Meridian Rd
Kalispell MT 59901-9998
(406)755-6450
From: Bridget Roskam [mailto:broskam@wgmgroup.com]
Sent: Wednesday, August 15, 2018 4:52 PM
To: Carter, Susii - Kalispell, MT <Carrol.S.Carter@usps.gov>
Subject: [EXTERNAL] Meadows Edge Subdivision Postal Facilities
Hi Susie,
Thanks again for all of your help today. As requested, I have assembled a preliminary plat of Meadows Edge Subdivision
Phase 1, a phasing plan for Meadows Edge Subdivision, an exhibit showing the mail facility pull-out, and a drawing of the
selected cluster -box unit. It has been decided the facility will serve only Phases 1 & 2 of the subdivision. A total of 179
dwelling units will have mail services at the pull-out. I believe 15, 13-Door Cluster Box Units will be needed. If you have
any questions or would like more information please let me know.
Thank you,
WGMGROUP
..gee. 1—Wed Fut—o.
Bridget Roskam
E.I.
OFFICE: 406-756-4848
CELL: 406-249-4736
EMAIL: bwalcheck@wgmgroup.com
ADDRESS: 431 1 st Avenue West, Kalispell, MT 59901
CITY OF
KALISPELL
December 7, 2020
Stephanie Reynolds, P.E.
Senior Project Engineer
WGM Group
431 1st Ave West
Kalispell, MT 59901
Re: Meadows Edge — Phase 2 — Subdivision Engineering Conditional Approval
Dear Stephanie:
I greatly appreciate your and Ben's efforts in addressing the comments received from the first
review. That made my second review much easier and didn't leave items hanging in the balance.
Following are conditions of this approval:
1. Water and sewer extensions to the west side of Edwards Lane are required with this phase of
construction, but were not included in this design submittal. As a condition of approval, design
plans must be submitted, and approved for construction to be completed concurrent with the rest
of the Phase 2 project. Please note, the city will not accept a bond for these utility extensions.
On sheet 16 of the plans, please modify the keyed note No. 1 by deleting the text "PVC
GASKETED COUPLING OR STAINLESS STEEEL SLEEVED FLEXIBLE COUPLING".
These couplings are only used for connecting pipe together, not for insertions into manholes. The
manhole should be fitted with a flexible gasketed or booted joint and the interior should be
grouted. A Kor-N-Seal or PSX boot are two common types.
Deviation Requests:
1. A deviation to Standard §7.1.5.H.11 was requested to reduce the setback from building
foundations for Lot 129 from a minimum of 50 feet to a minimum of 25 feet. As justification for
this request, a restriction shall be placed on the final plat noting the building construction shall be
slab on grade with a capillary break of 8" depth of 3/4" rock chips under the slab to prevent
wicking. The deviation request is hereby approved. As an alternative to the note on the final
plat, the same note could be placed in a deed restriction for Lot 129, if preferred.
Approval does not relieve you from designing, nor the contractor from constructing this project
in accordance with the City Standards currently in effect. The above referenced deviation request
is currently the only deviation approved for Meadows Edge — Phase 2. Any other deviations from
City of Kalispell Design and Construction Standards or approved plans shall be submitted for
review and approval prior to construction.
201 1' Avenue E IPhone (406)758-7720
Po Box 1997 Public Works Department Fax (406)758-7831
Kalispell, MT 59903 1 www.kalispell.com
This approval is valid for 18 months from the date of this letter. If more than 18 months lapse
before completing the project, plans, reports, and specifications shall be resubmitted and
approved before construction continues. Please contact the Public Works Department if you have
any questions or need clarification on any items.
This approval is for the Public Works Department only and does not necessitate a full City
approval. If additional approvals from other City Departments are required, they should continue
to be pursued.
Please contact Mark Crowly at (406) 758-7776 or mcrowley(r)c,kalispell.com to schedule a pre -
construction meeting prior to initializing any construction on the site. A Right -of -Way permit
and Construction Stormwater Permit must be obtained by the prime contractor for the project and
are accessed online on the City's website. At project completion, please provide the city with
record drawings meeting the requirements of Section 1.6 of the City Design and Construction
Standards. The warranty period will not commence until construction is complete, certified, and
accepted and record drawings are received.
Sincerely,
Keith Haskins, PE
City Engineer
CC:
• Mark Crowley — City of Kalispell — Construction Manager — mcrowleykkalispell.com
• Rachel Ezell — City of Kalispell — Planner II — rezellkkalispell.com
• Paul Simonich — MDEQ - PSimonich2knit.gov
Page 2 of 2
CITY OF
KALISPELL
August 31, 2021
Stephanie Reynolds, PE
Senior Project Engineer
W GM Group
431 1st Ave West
Kalispell, MT 59901
Re: Meadows Edge — Phase 2 — Infrastructure Acceptance
Dear Stephanie,
All public infrastructure constructed Meadows Edge Phase 2 and proposed to be transferred to
the City of Kalispell has been designed and constructed in accordance with MDEQ and City
Design and Construction Standards, has been tested and certified by a Montana licensed
Professional Engineer.
Condition 13 of the Preliminary Plat conditions for Phase 2 is hereby deemed satisfied.
Sincerely,
4-; ft5k�
Keith H"ins,
City Engineer
201 1' Avenue E I Phone (406)758-7720
PO Box 1997 Public Works Department Fax (406)758-7831
Kalispell, MT 59903 1 1 www.kalispell.com
CITY OF
KALISPELL
July 12, 2021
Kristine McMahon, PLS
Land Surveyor
W GM Group
431 1 st Avenue W
Kalispell, MT 59901
Re: Meadows Edge Phase 2 Easements & Right -of -Way
Dear Kristine,
The Final Plat for Meadows Edge, Phase 2 has been reviewed by the Department of Public
Works to ensure conformance with the City of Kalispell Standards for Design and Construction
for required easements and right-of-ways. All required easement and right-of-ways have been
determined to be acceptable. Condition 14 of the Preliminary Plat conditions for Phase 2 is
hereby deemed satisfied.
Sincerely,
Keith H"*ns,PE
City Engineer
201 1' Avenue E I Phone (406)758-7720
Po Box 1997 Public Works Department Fax (406)758-7831
Kalispell, MT 59903 1 1 www.kalispell.com
CITY OF
KALISPELL
June 25, 2021
Kalispell Planning Department
Attn: PJ Sorenson
P.O. Box 1997
Kalispell, MT 59901
Phone: (406) 758-7932
Re: Meadows Edge Phase II
Dear PJ:
Kalispell Parks & Recreation
306 1st Ave E. P.O. Box 1997
Kalispell, Montana 59903-1997
(406) 758-7715 Fax (406) 758-7719
This letter is to serve as approval on the proposed landscaping plans for Meadows Edge Phase II,
per plans submitted by WGM on April 9, 2021.
It is agreed that if the project is extended, the developer will be responsible for submitting
bonding for the remaining improvements as specified on the submitted plan for Meadows Edge
Phase II. The bond may not be longer than a period of 12 months. Tree plantings are required to
meet the Street Tree Ordinance standards of 2 t/4" caliper and have a 4-foot fibrous mulch around
them in addition to meeting ISA planting standards. Developers landscape contractor to contact
our Parks Superintendent prior to any tree plantings about proper planting protocols and set
inspection dates and times. Rock in the boulevards and adjacent to the public way is not
permitted. Any landscape revisions or substitutions need to be authorized prior to installation.
Parkland dedication/improvements for Phase II have been met through dedication/improvements
in Phase I.
Final approval will be given upon completion, inspection and approval of the landscaping and
tree plantings, and other amenities at which time any bonding that has been submitted will be
released after acceptance completed landscaping. It should be noted that the trees and
landscaping are under a 2-warranty period and should they die within this time frame, the
developer will be responsible for replacement. Our warranty period will not begin till our
arborists accepts them meeting ISA standards, our landscape ordinance, and our forestry
ordinance.
If you have any concerns or questions, please give me a call.
Sincerely,
Chad Fincher, Parks and Recreation Director
Kalispell Parks and Recreation
KALISPELL FIRE DEPARTMENT
Dave Dedman — Fire Chief Po Box 1997
Cec Lee — Executive Secretary ,. 312 First Avenue East
KALISPELLKalispell, Montana 59901 Phone: (406) 758-776060
FAX: (406) 758-7777
Tuesday, May 11, 2021
Charity Zemke, E.I
W GM Group
431 Ist Ave W.
Kalispell MT, 59901
Re: Meadow Edge Phase II Hydrant Layout
Dear Charity,
Please find this letter as acceptance of the proposed hydrant layout for Meadows Edge Subdivision
phase II as presented. If you have any additional questions please feel free to contact me.
Dave Dedman, Fire Chief
City of Kalispell
"Protecting our community with the highest level ofprofessionalism."
APPENDIX H3
Maintenance Agreement
Responsible Party
List the party that shall be permanently responsible for the maintenance of structural or non-structural
measures required by the Operation Manual. (e.g. owner, governmental agency, or other legal
established entity) p`T G ,
Designate personnel for inspection and maintenance:
Name: au l`' r s i e, - - - - - --
Address:a�?J$+ ,XA L�-4
Contact Phone:
Pronerty Description
--- 120,11 Cell:
List legal description of property: r—o r hI n ak- -T-r"+ E V IZ. 5d.c,+ti,+ 3 TZ$ �j
MT
oyeration and Maintenance
Has the Operation and Maintenance Manual been created? z Yes ❑ No
Responsible Party shall ensure the continued performance of the maintenance obligation in accordance
with the Operation and Maintenance Manual.
Failure to Maintain Stormwater Systems
If the required maintenance and repairs are not being performed and inhibit the intended function of
the stormwater system the City may hire a contractor to perform the required maintenance and bill the
HOA, POA, or responsible property owner.
In the event the HOA, POA, or responsible property owner fail to perform the required maintenance
and repairs to the stormwater facility and inhibit the intended function of the stormwater system, a
stormwater maintenance district program may be formed in accordance with §7-12-4102 MCA
incorporating all the lots within a development. The taxes levied within the maintenance district shall
be determined by the Public Works Department with approval by the Kalispell City Council.
By signing the Maintenance Agreement the Responsible Party shall assume full responsibility for the
maintenance f the stormwater system.
Si nature of Responsible Party Date
206
Return after recording to:
Ogle, Worm & Travis, PLLP
P.O. Box. 899
Kalispell, MT 59903
SECOND DECLARATION OF ANNEXATION
FOR
MEADOWS EDGE
(Meadows Edge Phase 2)
This Second Declaration of Annexation for Meadows Edge is made as of
2021, by MEADOWS EDGE, LLC (hereinafter referred to as "Declarant").
W1 TNESSETH:
WHEREAS, Declarant has heretofore caused to be recorded that certain Declaration of
Covenants, Conditions, Restrictions and Reservations for Meadows Edge recorded July 17, 2019
as Document No. 201900014654, records of Flathead County Montana; the 2020 Amended and
Restated Covenants, Condition, and Reservations for Meadows Edge recorded February 4, 2020,
Document No. 202000003205, records of Flathead County Montana, and the Second 2020
Amended and Restated Covenants, Conditions Restrictions and Reservations for Meadows Edge
recorded December 2, 2020, (as such Declaration has been amended or supplemented from time
to time, the "Declaration") in the Office of the Clerk and Recorder of Flathead County, Montana;
and
WHEREAS, in Article IX of the 2020 Amended and Restated Declaration of Covenants,
Conditions, Restrictions and Reservations of Meadows Edge, Declarant expressly reserved for
itself the right to annex additional Property (all capitalized terms used herein shall have the
meanings as defined in the Declaration, unless otherwise defined or modified herein) by recording
a Declaration of Annexation and one or more supplemental plats; and
WHEREAS, Declarant wishes to submit to the Declaration, the property described on
Exhibit A attached hereto and incorporated herein by reference (hereinafter referred to as the
"Supplemental Property"); and
WHEREAS, Declarant wishes to reserve the right to further expand the Declaration in the
future to annex additional Property to the declaration.
SECOND DECLARATION OF ANNEXATION FOR MEADOWS EDGE -Phase 2
NOW, THEREFORE, Declarant hereby declares that both the Property (which shall
include any property previously subjected to the terms of the Declaration) and the Supplemental
Property shall be held, sold and conveyed subject to the covenants, conditions, restrictions and
reservations contained in the Declaration, which are for the purpose of protecting the value and
desirability of the Property and the Supplemental Property and shall run with the land and be
binding on all parties and heirs, successors and assigns of parties having any right, title, or interest
in all or any part of the Property or the Supplemental Property,
1. General. The terms and conditions contained in this Declaration of Annexation
shall be in addition and supplemental to the terms and provisions contained in the Declaration. All
terms and provisions of the Declaration, including all definitions, shall be applicable to this
Declaration of Annexation and to the Supplemental Property, except those terms and provisions
specifically modified herein. The definitions used in the Declaration are hereby expanded and
shall hereafter and in the Declaration be deemed to encompass and refer to the Property as defined
in the Declaration and the Supplemental Property as defined herein. For instance, reference to the
"Property" shall mean both the original Property and the Supplemental Property, and reference to
the "Declaration" shall mean the Declaration, as previously supplemented or amended, and as
supplemented by this Declaration of Annexation.
2. Annexation of Supplemental Property. The Supplemental Property is hereby
and, upon the recording of this Declaration of Annexation shall be, annexed into the Property, and
the Supplemental Property shall be subject to all of the covenants, conditions, restrictions and
reservations as contained in the Declaration,
3. Reservation. Declarant hereby reserves the right for itself to further expand the
Property in the future to annex additional property to the Declaration.
4. Severability. Invalidation of any one of these covenants or restrictions by
judgment or court order shall in no way affect any other provisions which shall remain in full force
and effect.
5. Conflicts Between Documents. In case of conflict between the Declaration, as
supplemented hereby, and the Articles or Bylaws of the Associations, the Declaration as
supplemented shall control.
Executed as of )2021.
SECOND DECLARATION OF ANNEXATION FOR MEADOWS EDGE -Phase 2
IN WITNESS WHEREOF, the Declarants hereunto executed this SECOND
DECLARATION OF ANNEXATION FOR MEADOWS EDGE this day of August, 2021,
STATE OF Washington.
:ss.
County of Clark
MEADOWS EDGE, LLC, a Washington
Limited Liability Company,
ME
By:
Derek Kysar, Member
Raymond Koistinen, Member
This instrument was acknowledged before me on this day of August, 2021, by Derek
Kysar and Raymond Koistenen, known to me to be the members of Meadows Edge, LLC.
Notary Public for the State of Washington
SECOND DECLARATION OF ANNEXATION FOR MEADOWS EDGE -Phase 2
EXHIBIT "A"
Single Family Lots - Lots 93 through 129 of Meadows Edge -Phase 2, a subdivision in the City of
Kalispell, County of Flathead, Montana located in the Southeast'/a of Section 3, Township 28
North, Range 22 West Principal Meridian, Montana, according to the Plat of Meadows Edge -
Phases 2 and 5 on file and of record in the office of the Clerk and Recorder of Flathead County,
Montana.
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Return to:
Ogle, Worm & Travis, PLLP
P.O. Box 899
Kalispell, MT 59903
SECOND
2020 AMENDED AND RESTATED
DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND
RESERVATIONS OF MEADOWS EDGE
THIS DECLARATION is made as of this L day of June, 2020 by MEADOWS EDGE,
LLC, hereinafter referred to as "Declarant."
RECITALS
A. The Declarant recorded the original Declaration of Covenants, Conditions, Restrictions
and Reservations of Meadows Edge on July 17, 2019 as Document Number 201900014654,
records of Flathead County, Montana.
B. The Declarant recorded the 2020 Amended and Restated Declaration of Covenants,
Conditions, Restrictions and Reservations of Meadows Edge on February 4, 2020, as document
No. 202000003205, records of Flathead County, Montana,
C. The Declarant recorded the the First Declaration of Annexation for Meadows Edge --
Phase I on April 28, 2020, as document No. 202000010866, records of Flathead County,
Montana;
D. The original Declaration provides that the Declarant may amend the Declaration during
the period of Declarant Control;
E. The period of Declarant Control has not expired and the Declarant desires to further
amend and restate the Covenants, Conditions, Restrictions and Reservations of Meadows Edge
as set forth herein;
F. The real property described on Exhibit A attached hereto is subject to the above referenced
Covenants, Conditions, Restrictions and Reservations of Meadows Edge;
G. The Common Area of the Project is the open space and alleys shown on Exhibit "A" hereto
and the Plat Maps of Meadows Edge — Phase 1 A and Meadows Edge — Phase 113 on file and of
record 'in the office of the Clerk and Recorder of Flathead County, Montana.
H. For the benefit and protection of the Project, to enhance its value and attractiveness, and as
an inducement to vendors and investors to make and purchase loans secured by Homes and Lots
within the Project, Declarant agrees to provide herein for a comprehensive system of land use and
building controls within the Project.
NOW, THEREFORE, Declarant, during the period of Declarant Control, hereby makes
this Declaration for the purpose of subjecting said property and the Project to this Declaration, and
declares that the property and the Project described herein shall be held, conveyed, encumbered,
leased, rented, used, occupied and improved subject to the following covenants, conditions,
restrictions, reservations, grants of easement rights, rights of way, liens, charges and equitable
servitudes, which are for the purpose of protecting the value and desirability of the Project and
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shall be binding on all parties having any right, title or interest in the above described property or
any part thereof, and shall inure to the benefit of and be binding on each owner thereof and to the
successors in interest thereto. Any conveyance, transfer, sale, assignment, lease or sublease of a
Lot or Home in the Project shall and hereby is deemed to incorporate by reference all provisions
of this Declaration. The provisions of this Declaration shall be enforceable by Declarant, any Lot
Owner, the Association and any first Mortgagee of any Lot. To further the general purposes herein
expressed, the Declarant, for itself and its successors and assigns, does hereby declare that the real
property described on Exhibit "A" attached hereto, and all property added to this Declaration by
the Declarant, shall at all times be owned, held, used and occupied subject to the provisions
contained in this Declaration, to the covenants, conditions and restrictions contained herein and to
any amendments hereto.
Article I
INTERPRETATION
1.1- LIBERAL CONSTRUCTION
The provisions of this Declaration shall be liberally construed to effectuate its purpose of
creating a uniform plan for the operation and maintenance of the Project.
1.2 - COVENANT RUNNING WITH LAND
This Declaration shall be operative as a set of covenants running with the land, or equitable
servitudes, binding on Declarant, its successors and assigns, all subsequent owners of the Property
or any part thereof, together with their grantees, successors, heirs, personal representatives,
administrators, devisees or assigns.
1.3 - DECLARANT IS ORIGINAL OWNER
Declarant is the original Owner of all Lots and Property and will continue to be deemed
the Owner thereof except as conveyances or documents changing such ownership regarding
specifically described Lots are filed of record.
1.4 - CAPTIONS
Captions given to the various articles and sections herein are for convenience only and are
not intended to modify or affect the meaning of any of the substantive provisions hereof.
1.5 - DEFINITIONS
Architectural Control Committee or ACC means the committee established pursuant Article
III.
Articles means the articles of incorporation of the Association, as defined below.
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Assessments means all sums chargeable by the Association (or by Declarant in exercising
Declarant Rights) against a Lot, including without limitation (a) regular and special assessment for
Common Expenses and Home Expenses, (b) deposits and contributions to the Association's
working capital as established by its Board of Directors, (c) special charges against a Lot Owner
for work done on the Owner's Lot, (d) fines, (e) interest and late charges on any delinquent
account, and (f) costs of collection, including reasonable attorneys' fees incurred in connection
with the collection of delinquent Owner's account.
Association shall mean Meadows Edge Homeowners Association, Inc., a Montana mutual benefit
corporation, as described more fully in Article 2, and its successors and assigns. The term
"Association" shall be deemed to refer to the Declarant when exercising Declarant Rights
otherwise permitted to the Association.
Board shall mean the Board of Directors of the Association.
Bylaws shall mean the Bylaws of the Association as the same may be amended from time to time.
Common Area. The Common Area of the Project are the open spaces and private alleys as
depicted on the Plat of Meadow Edge — Phase IA and the Plat of Meadows Edge — Phase 1 B, both
on file and of record in Flathead County, Montana, but excluding individual Lots within the
Property and property dedicated to the City of Kalispell, Montana for public use including streets,
public utilities, and related improvements. Thus, the Common Area includes real Property
maintained by the Association for the common benefit of the Owners and such other persons as
may be permitted to use the Common Area under the terms of this Declaration or any contract with
the Association.
Common Expenses shall mean (a) the expenses of maintaining, managing, and operating the
Common Area; (b) premiums for liability insurance carried by the Association; (c) all other
expenses incurred by the Association in administering, services, conserving, managing, paying
Property taxes upon, maintaining, repairing, or replacing the Common Area and any improvements
located on it; (d) all expenses incurred by the Association in administering and managing the
Association and this Declaration; (e) all expenses incurred by the Association in any other
activities undertaken for the common benefit of all or some of the Owners; and (f) all expenses
lawfully determined to be Common Expenses by the Board of Directors of the Association, as
provided in this Declaration and in the articles and Bylaws of the Association.
Declarant shall mean Meadows Edge LLC. Declarant may assign some or all of its Tights under
this Declaration to a third party by a written instrument specifically referring to such rights
recorded in the records of Flathead County, Montana. Such instrument may specify the extent and
portion of the rights or interests of Declarant which are being assigned, in which case the initial
Declarant shall retain all other rights as Declarant.
Declaration shall mean this 2020 Amended and Restated Declaration of Covenants, Conditions
and Restrictions of Meadows Edge, as it may be amended from time to time.
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Home shall mean and refer to any structure, or portion of a structure, located on a Lot, which
structure is designed and intended for use and occupancy as a residence or which is intended for
use in connection with such residence.
Lot shall mean each parcel within the Property described below, which is designated as a Lot on
a plat of the Property, including any such parcel owned by Declarant and excluding any Common
Area.
Member means a person entitled to membership in the Association.
Mortgage shall mean a recorded mortgage or deed of trust that creates a lien against a Lot and
shall also mean a real estate contract for the sale of a Lot.
Mortgagee shall mean the beneficial owner, or the designee of the beneficial owner, of an
encumbrance on a Lot created by mortgage or deed of trust and shall also mean the vendor, or the
designee of a vendor, of a real estate contract for the sale of the Lot.
Owner shall mean and refer to the record owner, whether one or more persons or entities, of a fee
simple title to any Lot which is a part of the Project and except as may be otherwise expressly
provided herein, shall, in the case of a Lot which has been sold pursuant to a real estate contract,
include any person of record holding a vendee's interest under such real estate contract, to the
exclusion of the vendor thereunder. Any person or entity having such an interest merely as security
for the performance of an obligation shall not be considered an owner.
Period of Declarant Control means the period beginning on the date this Declaration is first
recorded in the office of the Clerk and Recorder of Flathead County, Montana, and ending on the
earlier of. (a) the date which is 7 years later, or (b) the date on which the Declarant has sold 90%
of the Lots in each of the Plats. The Period of Declarant control may be reinstated or extended by
agreement between the Declarant and the Association; subject to whatever terms, conditions and
limitations the Board of Directors may impose on the subsequent exercise by Declarant of the
Special Declarant Rights. After the termination of the Period of Declarant Control, Declarant, if
still an owner, will continue to have all the rights and duties ordinarily given to Members under
this Declaration.
Plat Maps shall mean the recorded final plat(s) depicting the layout of the Lots in the Project,
Including any amendments thereto.
Project shall mean any real property (including any improvements and structures thereon) as are
now or hereafter subjected to this Declaration and brought within the jurisdiction of the
Association.
Property shall mean the real estate described in Exhibit A and any additions thereto, (together
with all improvements and structures thereon) as well as any property which may in the future
become part of Meadows Edge as provided in this Declaration.
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Transition Date shall mean the earlier of the following:.(l) 60 days after the date on which
Declarant has sold 90% of the lots in each of the plats, or (2) the seventh anniversary of the
recordings of this Declaration, or (3) the date on which Declarant elects to permanently relinquish
all Declarant Rights by written notice to all Owners.
Article II
HOMEOWNERS ASSOCIATION
2.1 — Establishment of Association and Adoption of Bylaws: An Association is hereby
established known as "Meadows Edge Homeowners Association." Said Association may be
incorporated under a different name as may be determined by the Association and approved by the
Montana Secretary of State. The Association shall be formed prior to the close of sale of any Lot
within the Property. The Bylaws of the Association will be adopted by the Association prior to the
close of sale of any Lot within the Property.
2.2 — Powers: The Association shall have all such powers as permitted by the laws of the State of
Montana, provided that the Association shall be subject to and abide by the provisions of this
Declaration, as the same may be amended from time to time
2.3 — Membership: All Owners of the Lots within Meadows Edge shall be members of the
Association. The Owners of any Lot shall automatically become members of the Association. and
shall remain members until such time as the Ownership of such Lot ceases for any reason, at which
time the corresponding membership in the Association shall cease.
For the purpose of determining membership at any meeting, a person or entity shall be deemed to
be a member upon the recording of a dully executed deed to that Owner, or upon the recording of
a notice of a purchaser's interest or an abstract of a contract for a deed showing a contract purchase
by an Owner. The legal title retained by the vendor selling under contract shall not qualify for
membership. Foreclosure of a mortgage, trust indenture or the termination or foreclosure of a
contract for deed wherein title is vested in the mortgagee, beneficiary or original seller on a
contract, or repossession for any reason of a Lot sold under a contract shall terminate the vendee's
membership, whereupon all rights to such membership shall vest in the legal Owner.
Members shall participate in the manner prescribed by the Articles and Bylaws of the Association,
and resolutions of the Association's Board of Directors. .
2.4 — Owners' Address: Upon acquiring a Lot, the Owner(s) of the Lot shall immediately inform
the Association of their names and of one address to which notices from the Association should
be sent. The Owners shall be responsible for informing the Association of any change of address,
2.5 — Voting: There shall be one vote for each Lot. If a person or entity owns more than one Lot,
that person or entity shall have as many votes as the number of Lots owned by that person or entity.
If more than one person or entity has an Ownership interest in a single Lot, such persons or entities
must decide among themselves how the vote for that Lot shall be cast.
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2.6 — Management During Period of Declarant Control: During the Period of Declarant
Control, Declarant may appoint, remove and replace from time to time any or all of the directors
and officers of the Association. If Declarant so elects, Declarant may from time to time relinquish,
either on a temporary or permanent basis, the right to appoint all or a portion of the directors and
officers of the Association. Any such relinquishment shall be expressed in writing to the
Association.
2.7 — Association Meeting: Annual and Special meetings of the Association shall occur as set
forth in the Association's Bylaws.
2.8 — Turnover Meeting: The Declarant reserves the right, at any time before the expiration of
the Period of Declarant Control, to call a special meeting or the Association for the purpose of
transferring control of the Association to the member. Should the Declarant call such a meeting, it
shall present to the members its plan for the orderly transfer of control of the Association to the
members, and the members will be obligated to accept control of the Association in accordance
with such plan.
Article III
ARCHITECTURAL CONTROL
3.1 Construction and Exterior Alteration/Repair:
3.1.1 The "Architectural Control Committee" (ACC) shall consist of the Board of
Directors of the Association, or of a special "Architectural Control Committee" of at least
three (3) or more persons appointed by the Board, all of whom must be members of the
Association. All buildings, structures and other improvements (including, without
limitation, concrete or masonry walls, rockeries, fences, sheds, over -the -air reception
devices, landscaping or other structures and improvements) to be constructed within the
Project, and all exterior alterations and repairs of any building, structures or improvements
in the Project and visible from any public street, Common Area or other Lot must be
approved by the Architectural Control Committee (ACC). Complete plans and
specifications, together with an initial ACC Review Fee of $50, for all such proposed
buildings, structures, and exterior alterations and repairs, together with detailed plans
showing the proposed location of the same in the particular buildings site and other data
requested by the ACC, shall be submitted to the ACC before construction, alteration or
repair is started. Construction, alteration or repair shall not be started until written approval
thereof is given by the ACC. Any exterior -modifications approved or developed by the
Declarant while exercising Declarant Rights will be deemed approved exterior
modifications. The ACC shall have the right, from time to time, to increase the ACC
Review Fee, provided such increased fee is in an amount -reasonably anticipated to
compensate the ACC for its time and costs related to the review of such plans and
specifications. The ACC may, in its discretion, reduce or waive the Review Fee for smaller
projects such as minor repairs, alterations or small additions to existing improvements. The
ACC shall have the right to adopt design guidelines.
3.1.2 The ACC will review submittals as to the quality of workmanship and materials
planned and for conformity and harmony of the external design with proposed or existing,
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structures on neighborhood residential Lots or building sites, and as to location of the
building with respect to topography, finish grade elevation and building setback
restrictions.
3.1.3 In the event the ACC fails to approve or disapprove such design and location within
forty-five (45) days after said plans, and specifications have been submitted to it, such
approval will not be required.
3.1.4 All plans and specifications for approval by the ACC must be submitted in
duplicate, at lease forty-five (45) days prior to the proposed construction or exterior
alteration or repair starting date, unless such requirement is waived in writing by the ACC.
Neither the waiver of, nor the failure to waive such requirements shall be construed as a
waiver or a relinquishment of such rights for the future.
3.1.5 The ACC may require that, said plans or specifications shall be prepared by an
architect or a competent house -designer, approved by the ACC. One complete set of said
plans and specifications shall in each case be delivered to and permanently left with the
ACC. All buildings or structures shall be erected or constructed, and all exterior alterations
or repairs made, by a contractor, house Builder or other person or entity approved by the
ACC. The ACC shall have the right to refuse to approve any design, plan or color for such
improvements, construction, or exterior alteration or repair visible from a public street,
Common Area or other Lot which is not suitable or desirable, in the ACC's reasonable
opinion, and in accordance with the standards and specifications herein set forth, aesthetic
or otherwise.
3.1.6 In so passing upon such design, the ACC shall have the right to take into
consideration the suitability of the proposed building or other structure, and the material of
which it is to be built, and the exterior color scheme, to the site upon which it is proposed
to erect the same.
3.1.7 The ACC shall have the right to disapprove the design or installation of a swimming
pool, hot tub or any other recreational structure or equipment undesirable, in the ACC's
reasonable opinion, aesthetic or otherwise.
3.1.8 Declarant shall not be subject to the restrictions of this Section 3.1 as to any Lot
owned by Declarant, whether before or after the Transition Date. Additionally, until the
Transition Date, Declarant, in its sole discretion, may remove any individual(s) from the
ACC, and replace such individual(s) with individual(s) designated by Declarant.
3.2 — Sales Facilities of Declarant and Builders:
3.2.1 Notwithstanding any provision in this Declaration to the contrary, until the
Transition Date, Declarant and any Builder shall be permitted to maintain during the period
of sale of Lots and/or Homes upon such portion of the Project as Declarant may choose,
such facilities as in their sole opinion may be reasonably required, convenient or incidental
to the construction, sale, lease or rental of Lots or Homes, including but not limited to,
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business office, storage area, signs, model units, sales office, construction office, and
parking areas for all prospective tenants or purchasers of Declarant or Builders.
3.2.2 Until the Transition Date, Declarant and Builders may make temporary alterations
to model homes which are not otherwise permitted by this Declaration or the ACC
guidelines for marketing purposes. The selling Owner must remove model home alterations
and return the Home to full compliance with the ACC guidelines prior to occupancy by a
Home purchaser or tenant. Owners other than Declarant or Builders may not make such
alterations to any Lot or Home,
Article IV
COMMON AREA
4.1— Control and Management: The Association shall have the exclusive right and obligation to
manage, control, improve and maintain the Common Area within Meadows Edge. The Association
shall be responsible for liability insurance, state and local taxes payable by the Association for the
common area, and maintenance of facilities and improvements in the Common Area. The Board
of Directors, among its other duties, shall stablish and levy assessments to pay for the taxes payable
by the Association, insurance, maintenance and other expenses associated with the Common Area
under the control and authority of the Association. The Board of Directors may, in its discretion,
adjust the assessments to meet the changing needs of the Meadows Edge community and the areas
serving the community.
4.2 — Property Taxes: It is acknowledged that, for property tax purposes, Flathead County and
the State of Montana may allocate to each Lot a fractional, proportional portion of the value
attributable to the Common Area. By accepting a deed to a Lot, the Owner agrees to this
mechanism for property taxation and agrees to pay a proportional share (as allocated by Flathead
County and the State of Montana) of the Taxes attributable to the value of the Common Area,
while at the same time allowing the Association to administer and control the Common Area.
4.3 — Easements Over All Common Area: The Owners shall have an easement for the use and
enjoyment of all of the Common Area, subject to such rules and regulations as the Association
may develop from time to time, and also subject to the rights reserved to Declarant and the reserved
rights of any third parties with respect to the Common Area. Declarant reserves and shall have an
easement over all of the Common Area for ingress, egress and utilities. Declarant may grant further
easements to others for such use of the Common Area.
4.4 -- No Dedication to the Public: Nothing in this Declaration will be construed as a dedication
to public use, or a grant to any public municipal or quasi -municipal authority or utility, or an
assumption of responsibility for the maintenance of any Common Area by such authority or utility,
absent an express written agreement to that effect. However, the Association has the right to
dedicate or transfer all or part of the Common Area to any public agency, authority or utility for
such purpose and subject to such conditions as may be agreed to.
4.5 — Approval of Declarant: During the Period of Declarant Control, no construction of
improvements shall take place within the Common Area nor shall any other changes or alterations
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be made to the Common Area or the uses within the Common Area without the prior written
consent of the Declarant.
Article V
ASSESSMENTS
5.1— Assessments: Each Owner, whether or not it shall be so expressed in any deed or contract,
is deemed to have agreed to this Declaration, and to pay to the Association assessments for
Common Expenses as provided herein, including annual assessments or charges, and special
assessments for capital improvements and other expenses, such assessments to be established and
collected as hereinafter provided. The annual and special assessments, together with interest, costs
and reasonable attorney's fees, shall be a charge on each Lot, and shall be continuing lien upon
the property against which each such assessment is made. Each assessment, together with any
accruing interest, costs and attorney's fees, shall be the joint and several personal obligations of
the Owner(s) of such Lot at the time when the assessment is due.
5.2 — Purpose of the Assessments: The assessments levied by the Association shall be used to
promote the health, safety, convenience, and welfare of the Owners; for the improvement, repair
and maintenance of easements, trails, and the Common Area; and for any other purposes,
expressed or implied in this Declaration.
5.3 — Annual Assessments: The maximum annual assessment per Lot which may be made by the
Association in any calendar year shall not substantially exceed the projected. and budgeted actual
and reasonable costs to be incurred by the Association during the coming year in carrying out its
functions and may include a reasonable reserve for contingencies. The annual assessment shall be
equal for each Lot. Payment of the annual assessment shall be due and payable on a date or dates
established by the Board of Directors, in an annual, monthly, quarterly, or other periodic
installment as the Board of Directors may provide.
The initial annual assessment shall be $150 per Lot.
The amount of the annual assessments shall be fixed by the Board of Directors in the following
manner.
At each annual meeting of the members, the Board of Directors shall present a proposed budget of
the estimated expenses for the Association for the coming year to the members for review,
discussion, amendment, comment and approval. Estimated expenses for the Association shall
include, without limitation, the cost of maintenance, repair, and operation of the Common Area;
expenses of management fees; expenses and liabilities incurred by the Association under or by
reason of this Declaration; payment of any deficit remaining from a previous assessment period;
and the creation or supplementing of a reserve fund for general, routine maintenance, repairs and
replacement of improvements within the Common Area on a periodic basis, as needed. The Board
of Directors shall adopt a budget for the coming year after considering input from the members.
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After the annual meeting, the Board of Directors shall set the amount of the assessments and the
dates(s) upon which they are due for the coming year to cover the budget approved in the manner
herein set forth.
5.4 — Special Assessments: The Board of Directors may, from time to time, levy upon and
subsequently collect from each Owner a special assessment for each Lot. Special assessments may
be levied for capital improvements or acquisitions, extraordinary expenses or for such other
purposes as the Board of Directors may determine. Any special assessment shall be equal for each
Lot. Payment of any special assessment shall be due and payable as the Board of Directors may
provide.
5.5 — Priority of Lien for Assessments: The lien of any assessments will be superior to and prior
to any homestead exemption provided now or in the future by the laws of the State of Montana,
and to all other liens and encumbrances except the following: (a) Liens and encumbrances recorded
before the date of the recording of this Declaration; (b) Liens for real estate taxes and other
governmental assessments or charges duly imposed against the Lot by a Montana governmental
or political subdivision or special taxing district, or any other liens made superior by statute; and
(c) The lien for all sums unpaid on a first mortgage taken in good faith and for value and perfected
by recording in the office of the Clerk and Recorder of Flathead County, Montana, prior to the
time of recording in said office of an instrument describing the Lot affected and listing the name
or names of the Owner or Owners and giving notice of such violation, breach or failure to comply,
(with such superiority to include any and all advances made by the first mortgagee, even though
some or all of such advances may have been made subsequent to the date of filing of a written lien
statement for delinquent assessments). Any first mortgagee who acquires title to a Lot by
foreclosing the first mortgage or by receiving a deed or assignment in lieu of such a foreclosure,
or any purchaser at a foreclosure sale of the first mortgage, will take the Lot free of any claims for
unpaid assessments, interest, late charges, costs, expenses, and attorney's fees against the Lot
which accrue prior to the time such first mortgagee or purchaser acquires title to the Lot. All other
persons who hold a lien or encumbrance of any type not described in subsection (a), (b) or (c),
above, will be deemed to consent that their lien or encumbrance will be subordinate to the
Association's future liens for assessments, interest, late charges, costs, expenses and attorney's
fees, as provided in this Article and in this Declaration, whether or not such consent is specifically
set forth in the instrument creating any such lien or encumbrance.
5.6 — Failure to Pay Assessments- Remedies of the Association: No Owner may waive or
otherwise escape liability for the assessments provided for herein by non-use of the Common Area,
or by abandonment of their Lot. Any assessment or installment of an assessment not paid within
thirty days after its due date will be delinquent. In the event of such delinquency, the Association
may take any or all of the following actions:
(a) Assess a late charge for each delinquency at uniform rates set by the Board of Directors
from time to time;
(b) Charge interest from the delinquency at uniform rates set by the Board of Directors
from time to time, but not to exceed the maximum rate of interest allowed by applicable
law,
(c) Suspend the voting rights of the Owner during any period of delinquency;
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(d) Bring an action against any Owner personally obligated to pay the delinquent
assessments;
(e) Record a notice of lien with the Clerk and Recorder of Flathead County, Montana.
Upon delivery of the notice of assessment to the Owner, the assessment shall be a lien
upon the Owner's Lot until paid. If the assessment is not paid within thirty days after
the recording of the notice of lien, the Association may foreclose the lien in the manner
set forth under Montana law for the foreclosure of liens against real property;
(f) The Association shall be entitled to recover from the Owner any and all reasonable
attomey's fees and costs incurred in the collection of any delinquent assessments;
(g) The remedies provided under this Declaration shall not be exclusive, and the
Association may enforce any other remedies to collect delinquent assessments as may
be provided by law.
5.7 — Sale or Transfer of a Lot: The sale, transfer, or encumbrance of any Lot shall not affect the
personal liability of the Owner responsible for the assessment or the assessment lien if a lien is
recorded in the records of Flathead County, Montana. No sale or transfer to a third party with
actual or constructive knowledge of an assessment shall relieve such new Owner from the liability
for any outstanding assessments, or from any assessments thereafter becoming due, or from the
recorded lien thereof. A person or entity purchasing a Lot shall be responsible for checking with
the Association for any outstanding assessments against said Lot before closing the transaction.
5.8 — Statement of Status of Assessments: On written requests, the Association will furnish to an
Owner or his designee or to any mortgagee a statement setting forth the amount of unpaid
assessments then levied against the Lot in which the Owner, designee or mortgagee has an interest,
The information contained in such statement, when signed by an officer director or agent of the
Association, will be conclusive upon the Association, the Board, and every Owner as to the person
or persons whom such statement is issued and who rely on it in good faith.
5.9 — Declarant's Responsibility for Assessments: Notwithstanding the foregoing, the Declarant,
although a member of the Association, shall not be responsible at any time for payment of the
annual assessments for Lots owned be Declarant, unless and until Declarant completes
construction of a home on such Lot. The Declarant, however, shall pay a proportionate share of all
current expenses of administration actually incurred be the Association from time to time for
routine maintenance of the Common Area. For purposes of the forgoing sentence, the Declarant's
proportionate share of such expenses shall be based upon the ratio of all Lots which are listed for
sale owned by the Declarant at the time expense is incurred to the total number of such Lots plus
Lots owned by third parties. So long as Declarant owns any Lots, any increase in annual assessment
and any special assessment shall require the Declarant's written consent. Further, the Declarant
shall in no event be liable for any assessment levied in whole or in part to purchase any property
from the Declarant or to finance any litigation or other claim against the Declarant, any cost of
investigation and preparing such litigation or claim, or similar related costs.
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Article VI
PROTECTIVE COVENANTS
6.1— Conditions from Subdivision Approval: The conditions imposed upon the approval of the
Meadows Edge Subdivision are incorporated herein as part of this Declaration to the extent they
apply to the use of the Property.
6.2 — Zoning Regulations: The zoning of the Property at the time of the filing of this Declaration
is R-3 and all uses must comply with that zoning unless the zoning has been changed prior to
attempted use. If the zoning has been changed, the use shall comply with the then existing zoning.
In addition, if at the present time there is a need for a zoning compliance permit from the local
planning authority, (presently known as the Flathead Regional Development Office, or City of
Kalispell), such permit shall also be required under this Declaration.
6.3 — Land Use: No Lot shall be used except for a single-family residence not to exceed two stories
in height. Lots 1 through 7 and Lots 20 through 31 of Meadows Edge Phase 1 A and Lots 8 through
19, 32 through 59 and 85 through 92 of Meadows Edge Phase 113 are "single family lots" and shall
be occupied by the owner(s) or immediate family member of the owner(s) (i.e. parent, children,
grandchildren or siblings) and shall not be rented to other people. All lots designated "Single
Family Lots" shall be subject to the above referenced conditions. Other lots shown on Exhibit "A"
may be rented by the owners.
6.4 — Sewage Disposal: No individual sewage disposal system shall be permitted. All sewage
disposal shall be by connection to the City of Kalispell's sewer system.
6.5 — Water Supply: No individual water supply system or systems shall be permitted. All water
service must be furnished by public water connections.
6.6 — Building Location: All structures shall be constructed within the setback requirements
established by the City of Kalispell, Montana,
6.7 — Dwelling Design Guidelines: Minimum square footage of heated living area for a single-
family residence, excluding garage, enclosed patios or decks, attics and unheated storage areas
shall be no less then 1,000 square feet. All construction shall be complete within one year from
the date construction begins.
6.7.1— Exterior Knish: The exterior of all construction on any Lot shall be designed, built
and maintained in such a manner as to blend in with the natural surroundings, existing
structures and landscaping in the Property. Exterior colors must be approved by the
Architectural Control Committee. Exterior trim, fences, doors, railings, decks, eaves,
gutters and the exterior finish of garages and other accessory buildings shall be designed,
built and maintained to be compatible with the exterior of the structure they adjoin.
6.7.2 — Exterior Materials: Roofing materials shall be minimum 25-year composite.
Metal roofing material may be used on accent roofs with the approval of the Architectural
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Control Committee. No manufactured wood roofs are permitted. Exterior siding may not
be vinyl. Minimum roof pitch is to be no less than five -twelve, (5:12).
6.8 — Landscaping: The landscaping of each Lot must be completed within three (3) months from
the date of occupancy of the home constructed on the Lot. In the event of undue hardship due to
weather conditions, this provision may be extended upon written request to the Association.
All front and rear yard areas shall be planted with any of the following: trees and shrubs, ground
cover, conifer trees, deciduous shrubs and trees, and lawn areas.
Each Owner shall maintain the landscaping of yard area in attractive appearance and free from
insects and diseases and noxious weeds. Each Owner shall provide for the timely replacement of
lost plant life and bark dust and trimming and pruning of plant material to prevent an overgrown
look.
6.9 — Parking Pads: Homeowners are allowed to install parking pads alongside their driveways
and garages. The parking pads must be paved, concrete, or constructed of pavers. The pads may
not be within 1 % feet of a neighboring property line. The homeowner of any parking pad that is
within 5' feet of a side property line will erect, at their own expense, a privacy fence which is at
least 5' feet tall and run the length of the pad, provided that the area outside the fence shall be
landscaped to allow for drainage. The fence must meet the standards of other Meadows Edge
covenants. If the builder constructs a parking pad for a buyer, it will be the buyer's responsibility
to erect the fence.
6.10 —Fences: Fences shall not exceed six (6) feet in height, except a front yard fence, which shall
not exceed three (3) feet in height. All fencing materials and locations must be approved by the
Architectural Control Committee.
6.11— Owner's Obligation to Repair: Each Owner, at the Owner's sole cost and expense, shall
repair the Owner's residence, keeping the same in a condition comparable to the condition of the
residence at the time of its initial construction, excepting only normal wear and tear.
6.12 — Owner's Obligation to Rebuild: If all or any portion of a residence is damaged or
destroyed by fire or other casualty, it shall be the duty of the Owner or Owners, with all due
diligence, rebuild, repair or reconstruct the residence in a manner that will substantially restore it
to its appearance and condition immediately prior to the casualty. Reconstruction shall be
undertaken within six months after damage occurs, unless prevented by causes beyond control of
the Owners.
6.13 — Mobile Homes and Trailers for Residential Purpose: No house trailer, mobile home,
doublewide or any other prefabricated structure designed to be hauled or moved on wheels, shall
be used for residential purposes. No structures of a temporary character, trailer, tent, shack, garage,
or other outbuilding shall be used on any Lot at any time as a residence, whether temporarily or
permanently.
6.14 — Commercial Activities: No Lot or any part of the herein described property shall be used
at any time for any manufacturing or other commercial purpose that would cause any significant
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increase in traffic. Lawful home occupation businesses shall comply with the requirements of the
City of Kalispell.
6.15 — Signs: No signs, advertising, billboards or advertising structures of any kind shall be
erected, used or maintained on the Property except for the purpose of advertising of sale or rent of
the Property upon which it is erected, provided that the Declarant may place marketing signs for
model homes constructed upon any property.
6.16 — Garbage: No rubbish, trash, garbage, or other waste material shall be kept or permitted on
any Lot or Common Area. All waste shall be removed as often as reasonably necessary. Equipment
for the disposal of such material shall be concealed except for the day of garbage pickup and must
be removed from the street within one day of the day of garbage pickup. No part of the Property
shall be used or maintained as a dumping or storage ground for rubbish, trash,- garbage, old
automobiles or other wastes.
6.17 — Common Area: No Owner shall deposit debris such as lawn clippings, limbs, shrub
trimmings, or garbage of any nature in the Common Area. The Common Area is to be left in its
natural state, other than as reasonably required by the Association, a governing municipality, or
the Declarant to access, repair, replace, or update current conditions and improvements.
6.18 — Animals: No animals of any kind shall be raised, bred or kept on any Lot, except that dogs,
cats, and other domestic animals may be kept and raised, but not for commercial purposes.
Permitted animals (excluding cats) must be confined to the Lot of their Owner, kept under control
of the owner, and not permitted to run at large. All owners shall comply with the Flathead County
Dog Ordinance or any other ordinance, rule or regulation the City of Kalispell, Flathead County
or the State of Montana regarding animals. No more than 6 chickens shall be allowed on any lot.
6.19 — Nuisances: No noxious or offensive activity shall be carried on or permitted upon any Lot,
nor shall anything be done thereon which is or may become an annoyance or nuisance to the
neighborhood.
6.20 — Junk Vehicles: No discarded, ruined, wrecked, or dismantled motor vehicle (including
component parts) that is inoperative or incapable of being driven shall be permitted on any lot.
6.21 - Rental and Leasing: Subject to the terms of Section 6.3 above, the owner(s) of a
Lot will have the right to rent or lease a Lot, subject to the following conditions:
1. All leases or rental agreements must be in writing with a minimum
term of at least thirty (30) days to a single Lessee. No subleasing
shall be allowed.
2. The lease or rental agreement shall be specifically subject to the
Declaration of Covenants, Conditions, Restrictions and
Reservations of Meadows Edge, and any failure of a tenant to
comply with the Declaration of Covenants, Conditions, Restrictions
and Reservations for Meadows Edge will be a default under the lease
or rental agreement.
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6.22 — Rules and Regulations: The Board of Directors may from time to time adopt, amend or
terminate rules and regulations concerning the Common Area and/or actions or activities within
Meadows Edge that have an impact on other Owners. A copy of any such rules and regulations
shall be sent to all Owners. All Owners and their family, guests and invitees shall abide by any
such rules and regulations.
Article VII
DECLARANT RIGHTS
7.1 — Completion of Work and Establishment of Subdivision: Declarant or the transferees of
Declarant shall undertake the work of developing all Lots included within the Meadows Edge
Subdivision. The completion of that work, and the sale, rental, or other disposal of residential units
is essential to the establishment and welfare of the Property as an ongoing residential community.
In order that such work may be completed, and the Property established as fully -occupied
residential community as soon as possible, nothing in this Declaration shall be understood or
construed to:
(a) prevent Declarant employees, contractors, or subcontractors of Declarant from
doing on any part or parts ofthe Property owned or controlled by Declarant or their
representatives, whatever they determine may be reasonably necessary or advisable
in connection with the completion of such work; .
(b) prevent Declarant, or the employees, contractors, or subcontractors of Declarant
from constructing and maintaining on any part or parts of the Property owned or
controlled by Declarant or their representatives, such structures as may be
reasonably necessary for the completion of such work, the establishment of the
Property as a residential community, and the disposition of Lots by sale, lease, or
otherwise;
(c) prevent Declarant, or the employees, contractors, or subcontractors of Declarant
from conducting on any part or parts of the Property owned or controlled by
Declarant or their representatives the business of completing such work, of
establishing the Property as a residential community, and of disposing of Lots by
sale, lease, or otherwise; or
(d) prevent Declarant, or the employees, contractors, or subcontractors of Declarant
from maintaining such sign or signs on any of the Lots owned or controlled by any
of them as may be necessary in connection with the sale, lease or otherwise of such
Lots.
7.2 — Expansion: Declarant reserves the right but is not obligated to expand the effect of this
Declaration to include additional property. Any expansion may be accomplished by recording
a Declaration of Annexation and one or more supplemental plats in the records of the Clerk
and Recorder of Flathead County, Montana. Upon such annexation, each owner of a lot in the
annexed property shall automatically become a member of the Association. Such Declaration
of Annexation will not require the consent of Owners, the Association, or the Board of
Directors of the Association.
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Article VIII
DURATION AND AMENDMENT
8.1— Duration of Declaration: These covenants, conditions, and restrictions are to ran with the
land and shall be binding on all parties and all persons claiming under them for a period of fifteen
(15) years from the date these covenants, conditions, and restrictions are recorded, after which
time said covenants, conditions, and restrictions shall be automatically extended for successive
periods of ten (10) years, unless the written consent of Owners holding sixty percent (60%) or
more votes in the Association has been recorded, agreeing to change said covenants, conditions,
and restrictions in whole or in part.
8.2 — Amendment: This Declaration of covenants, conditions, and restrictions, or any provision
of it may be terminated, extended, amended or, revoked as to the whole or any portion of the
Property as follows:
8.2.1— Prior to Sale of Lots: Prior to the Sale of any Lot, Declarant may terminate, extend,
amend or revoke this Declaration as to the whole or any portion of the Property by
recording in the records of Flathead County, Montana, a document signed by the Declarant
stating the action taken.
81.2 — 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 may terminate,
extend, amend, or revoke this Declaration as to the whole or any portion of the Property.
8.2.3 — After of period of Declarant Control: After the Period of Declarant Control, this
Declaration, or any provision of it, may be terminated, extended, amended or revoked as
to the whole or any portion of the Property upon the written consent of Owners holding
sixty (601/o) or more of the votes in the Association, The amendment will be immediately
effective 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 the Association stating that the
required number of consents of Owners were obtained.
8.2.4 — Declarant Approval: No termination, extension, or amendment of this Declaration
will be effective in any event during the Period of Declarant Control unless the written
approval of Declarant is fist obtained.
Nothing in this section should be construed to permit the abandonment of the Association's
responsibility for the maintenance of Common Area identified herein.
ARTICLE IX. EXPANSION
Section 9.1 Declarant May Expand: Declarant reserves the right, but will not be
obligated, to expand the effect of this Declaration to include additional property. The consent of
the existing Owners, the Homeowners Association or the Board of Directors of the Homeowners
Association will not be required for any such expansion, and Declarant may proceed with such
expansion without limitation at its sole option.
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Section 9.2 Declaration of Annexation: Any expansion may be accomplished by
recording a Declaration of Annexation and one or more supplemental plats in the records of the
Clerk and Recorder of Flathead County, Montana. The Declaration of Annexation must be
signed by Declarant and (if different) the owner of the real property to be annexed. The
Declaration of Annexation must describe the real property to be annexed, submitting it to this
Declaration, Upon such annexation, each Lot in the annexed property will be allocated one vote
and liability for the Common Expenses equal to the liability allocated to each of the other Lots,
and the proportionate voting interest and allocation of Common Expenses for the other Lots will
be adjusted accordingly. Upon such annexation, each Owner of a Lot in the annexed property
shall automatically become a member of the Homeowners Association. Such Declaration of
Annexation will not require the consent of Owners, the Homeowners Association, or the Board
of Directors of the Homeowners Association. Any such expansion will be effective upon the
filing for record of such Declaration of Annexation, unless otherwise provided therein. The
expansion may be accomplished in stages by successive supplements or in one supplemental
expansion. Upon the recordation of any such Declaration of Annexation, the definitions used in
this Declaration will be expanded automatically to encompass the annexed property. Such
Declaration of Annexation may add supplemental covenants peculiar to the annexed property, or
delete or modify provisions of this Declaration as it applies to the annexed property. However,
this Declaration may not be modified with respect to that portion of the property already subject
to this Declaration, except as provided below for amendment,
Article X
MISCELLANEOUS
10.1— Effect of Provisions of Declaration: Each provision contained in this Declaration, and any
agreement, promise, covenant and undertaking to comply with each provision contained in the
Declaration, and any necessary exception or reservation or grant of title, estate, right or interest to
effectuate any provision contained in this Declaration: (a) shall be deemed incorporated in each
deed or other instrument by which any right, title or interest in any real property within Meadows
Edge Subdivision is granted, devised or conveyed. Whether or not set forth or referred to in such
deed or other instrument; (b) shall, by virtue of acceptance of any right, title or interest in any real
property within Meadows Edge Subdivision by an Owner or the Association, be deemed accepted,
ratified, adopted and declared as a personal covenant of such Owner or the Association, as the case
may be, and as a personal covenant, shall be binding on such Owner or Association and such
Owner's or Association's respective heirs, personal representatives, successors and assigns; (c)
shall be deemed a real covenant by Declarant, for itself, its successors and assigns, and also an
equitable servitude, running, in each case, as a burden with and upon the title to each parcel or real
property within Meadows Edge Subdivision, including property that may hereafter become part of
Meadows Edge Subdivision; and (d) shall be deemed a covenant, obligation and restriction secured
by a lien, burdening and encumbering the title to each parcel of real property within Meadows
Edge Subdivision, which lien with respect to any Lot shall be deemed a lien in favor of Declarant
and/or the Association.
10.2 — Enforcement and Remedies: The Declarant, the Association, and/or any Owner or Owners
of Lots shall have the right to enforce all covenants, conditions, and restrictions to or hereafter
imposed by the provisions of this Declaration.
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10.4 -- No Waiver: Failure to enforce any provision contained in this Declaration shall not operate
as a waiver of any such provision or of any other provision of this Declaration.
10.5 — Attorney's Fees: In the event of a dispute under any provision contained in this Declaration,
the prevailing parry shall be entitled to its reasonable costs and attorney's fees incurred. It is
expressly understood by any person purchasing a Lot in this Property, that if an action is
successfully brought against an Owner for a violation of the terms of this Declaration, that a
reasonable attorney's fee shall be assessed against the Owner in addition to costs and any other
damages.
10.6 — Severability: Invalidity or unenforceability of any provision contained in this Declaration
in whole or in part shall not affect the validity or enforceability of any other provision or any valid
and enforceable part of the provision of this Declaration.
10.7 — Limited Liability: Neither the Declarant, the Association, or their respective officers,
directors, employees, or agents shall be liable to any party for any action or for any failure to act
with respect to any matter if the action taken or failure to act was in good faith and without malice.
This 2020 Amended and Restated Declaration of Covenants, Conditions, Restrictions and
Reservations of Meadows Edge supersedes and entirely replaces the original Declaration of
Covenants, Conditions, Restrictions and Reservations of Meadows Edge recorded July 17, 2019
as Document number 201900014654, records of Flathead County, Montana.
IN WITNESS WHEREOF, the Declarants hereunto executed this Second 2020 Amended and
Restated Declaration of Conditions, Covenants, Restrictions and Reservations of Meadows Edge
this I? day of June, 2020.
MEADOWS EDGE, LLC, a Washington
Limited Liability Company.
By. <
rek Kysar, Member
r
sy
Raymond Koistinen, Member
18