Mountain View Ph 1A Final PlatCITY OF
KALISPELL
REPORT TO: Doug Russell, City Manager
FROM: PJ Sorensen, Senior Planner
SUBJECT: Final plat request for Mountain View Phase IA
MEETING DATE: July 1, 2024
Planning Department
201 1st Avenue East
Kalispell, MT 59901
Phone: (406) 758-7940
Fax: (406) 758-7739
www.kalispell.com/planning
BACKGROUND: Bison Hill, LLC has submitted a request for final plat approval of Mountain View
Phase IA. This phase is approximately 9.8 acres and includes 30 residential lots, common area, and
streets. The property can be described as shown on the attached Exhibit A.
The City Council approved the preliminary plat with 49 conditions on August 2, 2021 (Resolution
6034). All of the conditions have been met or adequately addressed. The following report summarizes
the applicant's compliance with the conditions of approval. All infrastructure has been installed and
accepted or bonded for. A subdivision improvement agreement in the amount of $1,069,783.21 secured
by a performance bond is included for the Council's consideration.
RECOMMENDATION: It is recommended that the City Council make a motion to approve the final
plat for Mountain View Phase IA, as well as the subdivision improvement agreement.
FISCAL EFFECTS: Positive impacts once developed.
ALTERNATIVES: Deny the request.
ATTACHMENTS: Final plat compliance letter and associated attachments.
Report compiled: June 25, 2024
Aimee Brunckhorst, Kalispell City Clerk
EXHIBIT A
Legal Description: Mountain View — Phase IA: Perimeter
A Tract Of Land Being A Portion Of Tract 9 Of Certificate Of Survey No. 19234, On File And Of
Record In Flathead County, Montana, Situated In Section 13, Township 28 North, Range 22 West,
P.M., M., And More Particularly Described As Follows:
Commencing At The Southwest Corner Of Tract 9 Of Said Certificate Of Survey No. 19234; Thence
S86039'35"E, 2046.83 Feet To The Point Of Beginning Of This Description; Thence N3020'25"E,
120.00 Feet; Thence S86039'35"E, 204.55 Feet; Thence N6012'54"W, 60.84 Feet; Thence
N3020'25"E, 100.00 Feet; Thence N17026'27"E, 184.09 Feet; Thence S82022'26"E, 65.74 Feet;
Thence S85°56'44"E, 131.62 Feet; thence N87°38'14"E, 131.45 feet; thence N81°13'36"E, 131.37
feet; thence N79°15'34"E, 48.16 feet; thence N23°33'21"E, 28.97 feet; thence N11°23'36"E, 57.21
feet; Thence S84°41'17"E, 100.00 Feet To A Point On A Non -Tangent Curve Concave To The West
And Having A Radius Of 370.00 Feet, A Radial From Last Said Point Bears N84°41'17"W; Thence
Northerly, Along Said Non -Tangent Curve Through A Central Angle Of 11'56'03", An Arc Length
Of 77.07 Feet; Thence N53°52'30"W, 6.84 Feet; Thence N10°44'26"W, 60.00 Feet; Thence
N37°39'07"E, 7.53 Feet; Thence N79°15'34"E, 60.00 Feet; Thence S10°44'26"E, 43.42 Feet To A
Point On A Tangent Curve Concave To the West And Having A Radius Of 430.00 Feet; Thence
Along Said Tangent Curve Through A Central Angle Of 21°32'30", An Arc Length Of 161.67 Feet;
Thence S79°11'57"E, 100.00 Feet; thence S13°59'05"W, 99.23 feet; thence S29°00'38"W, 99.23 feet;
Thence N73°03'02"E, 203.16 Feet To The East Boundary Line Of Tract 9 Of Said Certificate Of
Survey No. 19234 And The West Right -Of -Way Line Of State Highway 93 Bypass; Thence
S 19°08'08"E, Along Said East Boundary Line And Said West Right -Of -Way Line, 189.98 Feet To A
Point On The North Right -Of -Way Line Of Foys Lake Road And On A Non -Tangent Curve Concave
To The Northwest, Having A Radius Of 1500.14 Feet, A Radial From Last Said Point Bears
N24°51'46"W;
Thence Continuing Along Said North Right -Of -Way of Foys Lake Road The Following 8 Courses:
1) Southwesterly, Along Said Non -Tangent Curve Through A Central Angle Of 05'18'01", An
Arc Length Of 138.78 Feet;
2) S56°39'43"W, 50.92 Feet To A Point On A Non -Tangent Curve Concave To The Northwest
And Having A Radius Of 1513.27 Feet, A Radial From Last Said Point Bears N17°38'02"W;
3) Along Said Non -Tangent Curve Through A Central Angle Of 10°24'24", An Arc Length Of
274.86 Feet;
4) S64°37'47"W, 69.26 Feet To Point On A Non -Tangent Curve Concave To The North And
Having A Radius Of 1536.25 Feet, A Radial From Last Said Point Bears N04°46'23"W;
5) Along Said Non -Tangent Curve Through A Central Angle Of 05°56'38", An Arc Length Of
159.37 Feet;
6) N87°27'13"W, 112.46 Feet;
7) S79°32'07"W, 94.61 Feet;
8) N86°39'35"W, 364.06 Feet To The Point Of Beginning;
Containing 10.01 Acres More Or Less.
EXCEPTING THEREFROM:
A Portion Of Tract 9 Of Certificate Of Survey No. 19234, On File And Of Record In Flathead
County, Montana, Situated In Section 13, Township 28 North, Range 22 West, P.M., M., And More
Particularly Described As Follows:
Commencing At The Southwest Corner Of Tract 9 Of Said Certificate Of Survey No. 19234; Thence
S86039'31"E, 2046.83 Feet; Thence N88050'14"E, 413.70 Feet To The Point Of Beginning Of This
Description; Thence N10027'53"W, 100.00 Feet; Thence N79032'07"E, 78.12 Feet; Thence
S10027'53"E, 100.00 Feet; Thence S79032'07"W, 78.12 Feet To The Point Of Beginning, Containing
0.18 Acres, More Or Less;
Mountain View - Phase I Contains 9.83 Acres, More Or Less
CITY OF
KALISPELL
June 20, 2024
Doug Russell, City Manager
City of Kalispell
201 1" Ave E
Kalispell, MT 59901
Re: Final Plat request for Mountain View Phase I
Dear Doug:
Planning Department
201 1" Avenue East
Kalispell, MT 59901
Phone: (406) 758-7940
Fax: (406) 758-7739
www.kalispell.com/planning
Bison Hill, LLC has submitted a request for final plat approval of Mountain View Phase IA. This
phase is approximately 9.8 acres and includes 30 residential lots, common area, and streets. The
property can be described as shown on the attached Exhibit A.
The City Council approved the preliminary plat with 49 conditions on August 2, 2021 (Resolution
6034). All of the conditions have been met or adequately addressed. The following report
summarizes the applicant's compliance with the conditions of approval. All infrastructure has
been installed and accepted or bonded for. A subdivision improvement agreement in the amount
of $1,069,783.21 secured by a performance bond is included for the Council's consideration.
COMPLIANCE WITH CONDITIONS OF APPROVAL
The Planned Unit Development for Mountain View allows the following deviations from
the Zoning Regulations:
(1) Minimum lot size: Sec 27.06.040(1) — Minimum lot size in the R-3 zone is 6000 square
feet. The deviation reduces minimum lot area to 3500 square feet for the attached
townhome and cottage lots as a minimum lot area.
(2) Minimum lot width: Sec 27.06.040(2) — The minimum lot width in the R-3 zone is 50
feet. The lot width applies to sublots as well. The deviation allows 35 foot minimum
widths for alley loaded detached cottage homes. Sublots with a minimum lot width of
30 feet are allowed provided they are in substantial compliance with the proposed plat,
PUD plan, and other conditions of the PUD.
Staff Response: This condition has been met. The lots were designed in compliance
with those requirements.
2. The Planned Unit Development for Mountain View allows the following deviations from
the Kalispell Subdivision Regulations:
(1) Block length Sec 28.3.12(A)(2) — Block lengths must be at least 250 feet, but not
more than 600 feet. This deviation allows blocks in excess of 600 feet as well as
less than 250 feet in the area of the cottage lots.
(2) Driveway access to collector road: Sec 28.3.14(G) and (J) — Individual driveways
are prohibited on collector streets per Sec 28.3.14(G) except in infill situations, with
access to be from an alley with the front of the house facing the collector. This
deviation would provide that, where alleys are not feasible, that driveway access to
the street would be allowed if the block is posted as "no parking." Additionally,
any townhouse/sublot accessing a collector street would be required to have a
minimum lot width of 40 feet.
(3) Cottage Alleys as an alternative street section: The cottage lots would include two
"cottage alleys" which would be a cross section 40 feet wide. The street section
would be allowed provided that they are maintained as a private street. A note to
that effect shall be placed on the final plat.
(4) Alleys with townhouse development: Sec. 28.3.15 — Alleys are required for
townhouse development creating a street frontage density of 40 feet/unit or smaller
on average for any block. They are also required whenever lots are adjacent to a
collector street. The proposed layout for Phase 1 is appropriate provided that (a)
shared driveways are used whenever feasible; and (b) the townhouses along Foys
Lake Road are reviewed and approved by the City of Kalispell Architectural
Review Committee. Future phases should be reviewed separately with each
preliminary plat as part of the subdivision review to determine if any deviation is
appropriate.
Staff Response: This condition has been met. The subdivision was designed in
compliance with those requirements.
3. The preliminary plat approval for the subdivision is not effective until the ordinance
approving the PUD becomes effective.
Staff Response: This condition has been met. The PUD became effective in September
2021.
4. The development of the site shall be in substantial compliance with the application
submitted, the site plan, materials and other specifications as well as any additional
conditions associated with the preliminary plat as approved by the city council.
Staff Response: This condition has been met. The development is in substantial
compliance.
5. A development agreement shall be drafted by the Kalispell City Attorney between the City
of Kalispell and the developer outlining and formalizing the terms, conditions and
provisions of approval. The final plan as approved, together with the conditions and
restrictions imposed, shall constitute the Planned Unit Development (PUD) zoning for the
site that shall be completed and signed by the city and owner prior to the issuance of a
building permit.
Staff Response: This condition is adequately addressed. After consultation with the City
Attorney, a development agreement is not required in this instance.
6. Upon approval of the preliminary PUD by the City Council, the property owner shall
proceed with the preparation of the final PUD plan as provided in Section 27.19.020(7) of
the Kalispell Zoning Ordinance.
Staff Response: This condition is adequately addressed. A separate final PUD plan is
not required in conjunction with this plat.
7. As a PUD with an associated preliminary plat application, the abandonment or expiration
of the PUD is governed by Section 27.19.020(10) of the Kalispell Zoning Ordinance.
Staff Response: This condition is met. With a valid preliminary plat and site construction,
the PUD has not expired.
8. The storm water ponds shall be designed in a way that they become a visual interest to the
development. Chain link fencing surrounding the retention pond as the dominant fixture
shall not be allowed without mitigation. The developer shall work closely with the Parks
Department and Public Works to develop a design that is both visually appealing and meets
the required safety guidelines. It is intended that when the project is developed the ponds
will act as features, particularly along the roadways, rather than a private maintenance
utility facility.
Staff Response: This condition has been met. Public Works provided a letter dated June
12, 2024, which noted the design was approved and constructed according to the plans.
9. The aesthetic appearance of the landscaping, fencing, and townhomes along Foys Lake
Road shall be in substantial compliance with the representation submitted. In order to
ensure that the final design of the frontage and townhomes along Foys Lake Road as well
as along the bypass meet these requirements, the landscaping, fencing and townhome plans
for sublots along the south side of the internal road paralleling Foys Lake Road shall be
submitted to the Planning Department and the City of Kalispell Architectural Review
Committee for review and approval.
Staff Response: This condition has been met. The plans were submitted and reviewed by
ARC, with approval of the plans on May 14, 2024.
10. 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. The preliminary plat was approved on
August 2, 2021, and remains valid.
11. 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. An offsite downstream analysis
for any drainage flowing south across Foys Lake Road shall be completed, including a no -
rise determination if offsite volumes increase above historic volumes. 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. Public Works issued a conditional
engineering approval for the project dated March 30, 2023, including the no -rise
determination, and provided a letter dated June 12, 2024, noting that the certification for
the storm water system was submitted by the engineer of record.
12. 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. Public Works provided a letter dated June
12, 2024, which noted that City Stormwater Permit SW23-0042 and DEQ Permit
MTR110166 were approved.
13. 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. Public Works provided a letter dated March
30, 2023, providing conditional review approval and a letter dated June 12, 2024, noting
that the city conducted the DEQ review and that both approvals were completed prior to
construction.
14. 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. Public Works provided letters dated March
30, 2023, and June 12, 2024, stating that the plans were reviewed and approved by the
Public Works Department, and that the engineer of record had submitted certifications that
all work had been completed in accordance with the approved plans.
15. 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. Public Works provided letters dated March
30, 2023, and June 12, 2024, stating that the plans were reviewed and approved by the
Public Works Department, and that the engineer of record had submitted certifications that
all work had been completed in accordance with the approved plans.
16. Any water rights associated with the property shall be transferred to the City of Kalispell.
The water rights shall be allocated proportionally for each phase of the development prior
to final plat.
Staff Response: This condition has been adequately addressed. Public Works provided a
letter dated June 12, 2024, stating that the water rights had been quit claimed to the City
and that ownership is being filed with DNRC.
17. Per the extension of services plan and the standards for design and construction, a water
main shall be extended within Foys Lake Road to the western end of the development. The
extension shall extend from the existing main to the western end of a given phase,
ultimately extending to the western property line.
Staff Response: This condition has been met. Public Works provided a letter dated June
12, 2024, confirming that the water main was extended to the western edge of Phase IA.
18. Any crossing of Ashley Creek will require the appropriate permitting relating to working
in or near the creek, and could involve local, state, and federal jurisdictions and permitting.
Staff Response: This condition is not applicable. This phase does not include any
crossings of Ashley Creek.
19. The design of the water system shall address the water pressure issues related to servicing
the development.
Staff Response: This condition is adequately addressed. Public Works provided a letter
dated June 12, 2024, stating that no special modifications were required to provide water
to this phase of the subdivision.
20. Per the extension of services plan and the standards for design and construction, a sewer
main shall be extended within Foys Lake Road to the western end of the development. The
extension shall extend from the existing main to the western end of a given phase,
ultimately extending to the western property line.
Staff Response: This condition has been met. Public Works provided a letter dated June
12, 2024, confirming that the sewer main was extended to the western edge of Phase IA.
21. The developer shall submit the street design to the Kalispell Public Works Department for
review and approval prior to construction. Street designs shall meet the city standards for
design and construction.
Staff Response: This condition has been met. Public Works provided letters dated March
30, 2023, and June 12, 2024, stating that the plans were reviewed and approved by the
Public Works Department.
22. Internally, the streets shall be constructed as local streets under the City of Kalispell
Standards for Design and Construction, with the exception of the cottage alleys and the
collector street running from the west entrance through the center of the project, then west
to the north property line to provide an eventual connection to Highway 2.
Staff Response: This condition has been met. Public Works provided a letter dated June
12, 2024, confirming that all streets in this phase were constructed to a local street design
standard. Cottage alleys and the collector street are part of future phases.
23. The plat shall be amended to increase the sublot size and, if necessary, reduce lots on the
collector street to provide at least 40-foot wide sublots for any sublot accessing the
collector.
Staff Response: This condition is not applicable. The collector street is located in future
phases.
24. Foys Lake Road shall be improved in accordance with City of Kalispell Standards for
Design and Construction and the subdivision regulations to a full width minor arterial. Any
right-of-way necessary to provide the right-of-way width shall be dedicated to the City.
Phase IA of the subdivision shall improve Foys Lake Road from the Highway 93 Bypass
to the westerly extent of the phase. Any subsequent phase of development shall improve
the remaining portion of Foys Lake Road to the westerly extent of the given phase as shown
on the preliminary plat provided by this application. Improvements shall include an 8'
concrete sidewalk, streetlights, and other applicable improvements on the development
side of the roadway.
Staff Response: This condition has been adequately addressed. Public Works provided a
letter dated June 12, 2024, stating that the improvements to Foys Lake Road were
determined by the Montana Department of Transportation and have been bonded for. MDT
provided a letter dated May 13, 2024, conditionally accepting the approach and
encroachment permit applications.
25. The eastern end of Phase 1 shall include a temporary turnaround to be reviewed and
approved by the Fire Department in order to provide sufficient fire access under the fire
code.
Staff Response: This condition has been adequately addressed. Public Works provided a
letter dated June 12, 2024, stating that the Fire Department approved the turnaround. Prior
to issuing building permits, the final grading at the perimeter of the turnarounds will be
completed.
26. The bike path/pedestrian plans shall be amended to provide the appropriate connectivity
and to provide for pedestrian/bike traffic within the adjoining Foys Lake Road right-of-
way and extending to the western property line of the development as well as connecting
to the existing bike path at the northeast corner of the development.
Staff Response: This condition has been met. Public Works provided a letter dated June
12, 2024, stating that the path was extended to the western edge of this phase.
27. The Traffic Impact study shall be amended pursuant to comments from Public Works
detailed within this report. Prior to final plat, all mitigation recommended as part of the
approved amended traffic impact study relative to the given phase shall be completed. All
improvements shall be reviewed and approved by the Public Works Department and the
Montana Department of Transportation, if applicable. The timing of the improvements
will be determined by the recommendations contained in the approved amended TIS.
Staff Response: This condition has been met. Public Works provided a letter dated June
12, 2024, stating that the current modifications for this phase have been completed and that
future phases will require an updated TIS to identify when improvements are required.
28. The road extending to Highway 2 is included within the Transportation Plan and the
amended TIS may show that the connection is necessary from a transportation perspective.
If recommended by the updated TIS, the road shall be installed connecting to Highway 2.
If the full connection is not recommended, the developer will need to provide for a future
connection by extending the internal road to the north property line. The road shall be fully
developed to city standards as a collector in accordance with the Standards for Design and
Construction in conjunction with Phase 3 to the appropriate northern terminus unless the
approved amended TIS recommends different timing of the improvement.
Staff Response: This condition is not applicable to this phase.
29. The cottage alleys shall be owned and maintained as private streets, and a note to that effect
shall be placed on the final plat.
Staff Response: This condition is not applicable. There are no cottage lots/alleys included
within this phase.
30. The street intersection north of the western approach shall be designed such that the
western street tees into the eastern/northern leg, opposite of what is shown in the PUD.
Staff Response: This condition is not applicable. The intersection is not located within
this phase.
31. 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, any private
infrastructure has been constructed per city standards, and a proper bond has been accepted
for unfinished work.
Staff Response: This condition has been met. The Public Works Department submitted
a letter dated June 12, 2024, accepting the infrastructure and noting that bonding has been
submitted for unfinished work.
32. All existing and proposed easements shall be indicated on the face of the final plat. Utility
easements for city water and sewer shall be provided to allow for the logical extension of
utilities from this subdivision to adjoining properties. A letter from the Kalispell Public
Works Department shall be obtained stating that the required easements are being shown on
the final plat.
Staff Response: This condition has been met. Public Works provided a letter dated
December 15, 2023, accepting the easements and rights -of -way as shown on the final plat.
33. The Geotech reports shall be updated to reflect comments from the Public Works and
Building Departments. The updated report would be subject to review and approval by
both departments. Any recommendations in the Geotech report shall be followed.
Staff Response: This condition has been met. The Public Works Department submitted
a letter dated June 12, 2024, stating that the areas of concern for the Geotech are not in the
current phase. Additionally, the Building Department reviewed the Geotech information
as it relates to this phase to their satisfaction.
34. Geotech information for individual building sites may be required by the Building Department
prior to issuing a building permit for any construction, including, but not limited to, primary
structures, accessory structures, and decks, in order to ensure appropriate soils bearing
pressure, placement of footings, slopes, and other building code requirements pursuant to the
IRC or other applicable code.
Staff Response: This condition has been adequately addressed. The building department
reviewed the Geotech information as it relates to this phase to their satisfaction. If any
specific site warrants additional information prior to construction, it will be required as part
of the individual building permit.
35. A full final grading plan shall be submitted to Public Works and the Planning Department
showing that slopes, building sites, and driveways are in compliance with Sections 28.3.03,
28.3.11(D), and 28.3.11(F) of the subdivision regulations.
Staff Response: This condition has been met. The Public Works Department submitted
a letter dated June 12, 2024, stating that the plans were reviewed and approved.
36. A noise study and detailed mitigation plans for highway sound mitigation showing
compliance with Section 28.3.09 of the subdivision regulations shall be submitted for review
and approval by the city prior to construction. Any fencing or walls shall be reviewed by the
city Architectural Review Committee pursuant to the PUD approval.
Staff Response: This condition has been met. A noise study by Big Sky Acoustics was
prepared on March 22, 2023, showing that the subdivision layout, with appropriate
mitigation, meets the requirement. The plans were included in the ARC submittal and
provided for in the subdivision improvement agreement.
37. 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 j oint 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 face of the plat.
38. 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. The applicant provided a letter from the
USPS dated November 26, 2022, approving the location of the mailboxes.
39. A homeowner's association (HOA) shall be formed and established to provide for the
maintenance of the common areas, including, but not necessarily limited to, roads, parks
and open space. Maintenance of private roads shall include both short term and long term
maintenance including, but not necessarily limited to, snow plowing, landscaping,
sidewalks, street repairs, overlays, and rebuilds of the street.
Staff Response: This condition has been met. The applicant provided homeowners
covenants which provide for the maintenance of common areas and assessments to pay for
the costs.
40. 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. The fire department provided a letter dated
December 21, 2023, which approved the design from a fire perspective.
41. 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, common area, and adjoining rights -of -way. The
approved landscape plan shall be implemented or a cash -in -lieu payment for installation of
the street trees and groundcover be provided to the Kalispell Parks and Recreation
Department.
Staff Response: This condition has been met. The Parks Department provided a letter
dated May 6, 2024, approving the boulevards and common area.
42. A park plan shall be created and approved by the Parks and Recreation Director prior to
final plat of Phase IA, and the plan shall show that the parkland dedication requirement is
met for each phase.
Staff Response: This condition has been met. The Parks Department provided a letter
dated May 6, 2024, approving the park for this phase.
43. 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
assessments 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 face of the plat.
44. 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 assessments 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 face of the plat.
45. Section 28.3.25 of the subdivision regulations requires a waiver of the right to protest a
Special Improvement District ("SID") for roadway improvements in adjacent areas. On
the face of the final plat, there shall be a note stating "The owners hereby waive the right
to protest the creation of an SID for the purpose of financing improvements to area roads
which will specifically benefit this subdivision."
Staff Response: This condition has been met. The note appears on the face of the plat.
46. Prior to final plat, the description of the lots on the plat shall be amended to eliminate the
reference to duplex lots and to reference them as townhouse lots.
Staff Response: This condition has been met. The reference was changed.
47. 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 approved engineers estimate submitted
with the subdivision improvement agreement shows that more than 2/3 of the work has
been completed.
48. All utilities shall be installed 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. Public Works provided a letter dated June
12, 2024, which noted that utilities were underground according to the approved plans.
49. All areas disturbed during development shall be re -vegetated with a weed -free mix
immediately after development.
Staff Response: This condition has been adequately addressed. The letter submitted by
the applicant dated December 15, 2023, states that disturbed areas were appropriately re -
vegetated.
COMPLIANCE WITH THE SUBDIVISION REGULATIONS
This subdivision plat has been found to be in compliance with the State and City subdivision
regulations.
COMPLIANCE WITH THE ZONING REGULATIONS
This subdivision complies with the Kalispell Zoning Ordinance and the R-3 zoning/Planned Unit
Development overlay for the property.
RECOMMENDATION:
It can be found that the conditions of preliminary plat approval have been met or are otherwise
adequately addressed. It is recommended that the Kalispell City Council approve the final plat
and subdivision improvement agreement for Mountain View Phase IA.
Attachments: - Mylars
- Copy of final plat
- Subdivision Improvement Agreement and Engineers Estimate
- Applicant responses and final plat application
- First American Title Insurance Guarantee 5010500-1120381-FT dated 4/23/24
- Consents to Plat dated 12/6/23 and 12/7/23
- Flathead County tax certification dated 12/19/23
- MDT approval email dated 2/12/24
- Infrastructure certifications dated 11/20/23, 7/26/23, 4/30/24, and 5/14/24
- Letters from Public Works dated 9/8/21, 3/30/23, 3/30/23, 12/15/23, 6/12/24,
and 6/12/24
- DEQ letters dated 2/7/22 and 3/28/23
- Parks letter dated 5/6/24
- ARC memo dated 5/21/24
- Fire Dept letter dated 12/21/23
- USPS letter dated 11/26/22
- MDT letter dated 5/13/24
- Accoustical Study dated 3/22/23
- DEQ and City Stormwater Permits
- Water Rights Documents
- CCRs
c w/ Att: Aimee Brunckhorst, Kalispell City Clerk
c w/o Att: WGM Group
431 1 st Ave W
Kalispell, MT 59901
EXHIBIT A
Legal Description: Mountain View — Phase IA: Perimeter
A Tract Of Land Being A Portion Of Tract 9 Of Certificate Of Survey No. 19234, On File And
Of Record In Flathead County, Montana, Situated In Section 13, Township 28 North, Range 22
West, P.M., M., And More Particularly Described As Follows:
Commencing At The Southwest Corner Of Tract 9 Of Said Certificate Of Survey No. 19234;
Thence S86°39'35"E, 2046.83 Feet To The Point Of Beginning Of This Description; Thence
N3°20'25"E, 120.00 Feet; Thence S86°39'35"E, 204.55 Feet; Thence N6°12'54"W, 60.84 Feet;
Thence N3°20'25"E, 100.00 Feet; Thence N17°26'27"E, 184.09 Feet; Thence S82°22'26"E,
65.74 Feet; Thence S85°56'44"E, 131.62 Feet; thence N87°38'14"E, 131.45 feet; thence
N81°13'36"E, 131.37 feet; thence N79°15'34"E, 48.16 feet; thence N23°33'21"E, 28.97 feet;
thence N11°23'36"E, 57.21 feet; Thence S84°41'17"E, 100.00 Feet To A Point On A Non -
Tangent Curve Concave To The West And Having A Radius Of 370.00 Feet, A Radial From
Last Said Point Bears N84°41'l7"W; Thence Northerly, Along Said Non -Tangent Curve
Through A Central Angle Of 11'56'03", An Arc Length Of 77.07 Feet; Thence N53°52'30"W,
6.84 Feet; Thence N10°44'26"W, 60.00 Feet; Thence N37°39'07"E, 7.53 Feet; Thence
N79° 15'34"E, 60.00 Feet; Thence S 10°44'26"E, 43.42 Feet To A Point On A Tangent Curve
Concave To the West And Having A Radius Of 430.00 Feet; Thence Along Said Tangent Curve
Through A Central Angle Of 21°32'30", An Arc Length Of 161.67 Feet; Thence S79°11'57"E,
100.00 Feet; thence S13°59'05"W, 99.23 feet; thence S29°00'38"W, 99.23 feet; Thence
N73°03'02"E, 203.16 Feet To The East Boundary Line Of Tract 9 Of Said Certificate Of Survey
No. 19234 And The West Right -Of -Way Line Of State Highway 93 Bypass; Thence
S19°08'08"E, Along Said East Boundary Line And Said West Right -Of -Way Line, 189.98 Feet
To A Point On The North Right -Of -Way Line Of Foys Lake Road And On A Non -Tangent
Curve Concave To The Northwest, Having A Radius Of 1500.14 Feet, A Radial From Last Said
Point Bears N24°51'46"W;
Thence Continuing Along Said North Right -Of -Way of Foys Lake Road The Following 8
Courses:
1) Southwesterly, Along Said Non -Tangent Curve Through A Central Angle Of 05°18'01",
An Arc Length Of 138.78 Feet;
2) S56°39'43"W, 50.92 Feet To A Point On A Non -Tangent Curve Concave To The
Northwest And Having A Radius Of 1513.27 Feet, A Radial From Last Said Point Bears
N17°38'02"W;
3) Along Said Non -Tangent Curve Through A Central Angle Of 10°24'24", An Arc Length
Of 274.86 Feet;
4) S64°37'47"W, 69.26 Feet To Point On A Non -Tangent Curve Concave To The North
And Having A Radius Of 1536.25 Feet, A Radial From Last Said Point Bears
N04°46'23"W;
5) Along Said Non -Tangent Curve Through A Central Angle Of 05°56'38", An Arc Length
Of 159.37 Feet;
6) N87°27'13"W, 112.46 Feet;
7) S79°32'07"W, 94.61 Feet;
8) N86°39'35"W, 364.06 Feet To The Point Of Beginning;
Containing 10.01 Acres More Or Less.
EXCEPTING THEREFROM:
A Portion Of Tract 9 Of Certificate Of Survey No. 19234, On File And Of Record In Flathead
County, Montana, Situated In Section 13, Township 28 North, Range 22 West, P.M., M., And
More Particularly Described As Follows:
Commencing At The Southwest Corner Of Tract 9 Of Said Certificate Of Survey No. 19234;
Thence S86°39'31"E, 2046.83 Feet; Thence N88°50'14"E, 413.70 Feet To The Point Of
Beginning Of This Description; Thence N10°27'53"W, 100.00 Feet; Thence N79°32'07"E, 78.12
Feet; Thence S10°27'53"E, 100.00 Feet; Thence S79°32'07"W, 78.12 Feet To The Point Of
Beginning, Containing 0.18 Acres, More Or Less;
Mountain View - Phase I Contains 9.83 Acres, More Or Less
o
w "o Q=ao
Q sn o <
l s
a ado a
o -_
0 0 0
o
s
r o o
ag =
- _ "
_ -
a ao oo -
o
ol
o
w
o
LL -
o
o-
o
oo
o
o
2 a -o o a¢
g ao aw wo
20
- a � 0
o$ a
0 W ao o--o!-
�?'a a$
sa=wo
= = a g
-z�- $ O 8,
O try i-o m'a-o o- H
owe wz C ;
u� n _ CCUa
a _ -
o w a m w o w - _a =
�1N H l'a o`2 aon
O aLL aol
-
>
in W ^1
z O
°
U U
H W �
ti
_ n
Z W " 20 w� 14
m z saow ow
o.
W
Q - oasLLFaW w� ar s -
O o n s
o
wWgm s -'o w._
o
no - o
py � Qo
oo Q
=ao or
m _ _ - m go
s wLL oo - o mw n o.
sw Jos
ow "�w w aama" n ToE g
wn p
a oo=, sn n ass 2 oa
w w=Na= o oooo
ppp
og _ o= M w
w;" �w
->-,-n �w oon is. rw -
w� m`w=�a�on osww - -o�omr wN
- m �_ -
a�m - H
n -
wo
so. asoo" 2s ss s s zao ao
ps os,o Kowa W
-
wwLwLL -_ - -
- - � " � w
- w� s -
o s w�Q rs 3 ��_ as =gip w �I
W oo.
o �n� oo
o �9�9n�m -
- - - >x II
a 5 - „
=o
o a az z ��i y �
" - - = Low -
'ouzo o
O - N
m a ��� _ �o� n ^� pg� 'ate � a� -
e�m
HWY 93 BYPASS
US
o
_' W y.sp.esc�s xgxi; A.n
ry a
o d�07
a o
Ram
v
-
�
- - -
o
F 3 3 3 3 3 3 3 3 3 0 3 3 3 W rn x L -
a
z s a w 3 3_
a d : a- xio'xTZY'N N I d w o
o
o m n^ 2 ¢ o
mow, "mod w o C) - w
F ssinmcx Y _&
Z J Jit3403� n W A u) �z 8 Lous- w p
z Q aias�" O -
0 7 7 7 7 7 7 7 7 7 7 W Ski LL n
g 0 uOj
co
Z
�� Lu O o o`do
=2 LL o'
w og F 3 3 3 3 3 3 3 3 3
w a a n o m n o m m j
= oa O e£
93
gYPAss 91 g;= i
O w
�l N 26"E 12z9133 R�)1
� zo
Y ~ ^a ry
m �
VI 2 lP5» M19�eo C1 eee'xs' r
m3w_
w W �52523jis9.-�- 2 d d - _ u % coQ> w o
�ga.s�.0leix HPi '6e
10
uj
No
co
------ ---
z---=o
--IpO
o
jaw" a
U)iao
SL29 t`fZl fi J i w oM. a
3 j
as o a�
�1i Q. a= o 0
�!`— �o - o
zo I �� w o o 00
= WP I
ad
Q.. o o-------------J ------ �aa, os�sz� 3.zeszoftN, - _
w -
a
w � �
ao
r %I w o oI
j LLJ
J o a o a� o ® • a a ®®
dl
�— — — — — — — SEE SHEET 4 — — LU —
a
aQ0'F JIP ;z,rLs o�
a �
L'i
/I Pam;
�Nb^ ab \� o P
10
a=
$.+
STt3'38`E....—_
ws
l a � 5 — pP➢IPL
µrQ`-ye c v
g// a2i m 0 \\ � S \\ St3•g50.pp1Pl �-
Z
2O O 5� RPOtA 1001J \ .s. `+,�$1 rvQ 0 < m
W tfi75'S0W �W Nn a �+ pp 00 �1
� g N �� U" / m `""`✓ 510'2T53`E
m
LU w d "
vJ
aN10'2T91` T "
lea I r 1 tea' O � ~ 1 St0'2T53E t0040 11 3,Sl,OLIN
3 1 n m$0 1 W� oVE (.vPl m0 $1
O e_ 1 02T 53"W 1 Y ro 1\
U�
� � .{ 1 N1 00 "dw 1\ i ¢ $"1—•` 510'�TgS,E��� a _
a �Z ow "i w
o w a� 8 y1 00 g
1
in
Ua
W U N
fwll ao EN 11 s 1
O- _ 1 �� N10'2"153"X "1 1 N102J'53"N
jUI 1 1 a t00� 4]fiT
w 1 e 0 1 T
m w f 50.33' \ \<
ess
oc (nPl� mo'2T5YN t000° I a J s97T 2t° vvvv
o s o = \ aiaiii xor+-* _ 0 Lu
w
d
IW- \ m xw m 53'39'08`E \ = w w w
U u e 0 in
ITlip u'g' 0'9'-IU➢IPL NCN-iPNCFNT .5
� ltl10tla - 11-
--.b>'101 3�50,9£lN1 � I Q � 1✓ -
LU
ry 0g a x� - - -
E .
n � m a m a
w
o l
e _ � _ a n o
e L�
0
iw I -
1I
I I � w ,88'Y 3.LO,SLfN � � ri'd
3aIMA0 09 -
a< nlb4 NLL,
tl
d,ll an 31n SHy3d 0
1 OZ -a ,a E2 E2 E2
MILL
,00'OOl 3,SZ,OZ.fN iB'09 M,bS.ZL9N — — — — — — — — — — — — — — — — �
I
z I
0 No
- sewer w3
10
-O.guoa—
11
o ooao ooz _w �' n
ELLJ
n
,86'6ll 3„SZ,OZ.fN
� y 1
11 11 mR
w - -� 11 F\\ 11 g
d- 1 so oo'
0 0ul
o
0 1 ioo 00 �ysi s J
L Ig, R
a -`0
�� z�k a R NIGI H
II NssTo+W 39.°o
3 3 z LU
5; m� W
am EE r0 Q ^m� 0 Q
�� El r-M �
W
U) - o H
H 5
ow o 0
0n ( -
w g
&o �rom
o
H
_ Y
.86'fll 3.4.9L N u)
p
LL
- 3UIM,00 09
0 a ^ 3n180 M31A S>fV3d
a s
g 0
Q
w ¢� o _ CD
O j N t' 0
a 1
O W N
(P pSS
� U.S.
y
s Y � HW 93 B w b
ro o ^� WIDTH�ARIES O _ --
9 M
ti -�---
U U 510'4a�b'E
ww
Z
i rO r
C � 7
G .sN bs O
ro = a
�q
Z ¢ _o
� �N
Q r H
P
---- ---- -------- - �00 ` i
.a.ztiz_v ,aaf-a .L9'l9l=i _ w-�__
e N 3
Y /r- dOp x,
g Nw •xe��,fi0 90 So-----�.----i _---
�,aoGl 9
o
m
='Sag r 9 a eNo
3,9f.CL!!N
N d
a$ a , O ooa-
�p€= A ml
eefe�
;rro r
w
door
h�' J��:•, bah hry��
M1M1,' 1ry�
:a3 5
z a
z
O
g
�z
QZ o �lp
g W wz 43 0 tiE
9 p
jj
\
w ti a �Q
vJ gz
Q �a LJJ
,a ;oz'
w
a v `'
3d
``` ate• c
Q nN Wry o0.9 ; '1 W x g
p / Y rvj U NRS•`�� J� a � � ��'
m O '� O
z O
$s,E. , .,s
1 w V411 V wo 9�$ '=x
LU
Z zO � Y53W r00 o0 A1a Rao? '"? 52o`W ��i
O � \ U.J
z rr
¢ _ a-
N102J'5Y.W 1 .N 1
1 A �
�1
$�� ROP]' $S x��Y]i Nam$. •535_E �00.00_
e e ' 6 � � p0] era 5102J
N102J'��Y z`xia'lY]Yx
1 A $
� A 1
1 e 1 5102T53'E
i1 f 1
,53.W 100.00 1 � 1
N102J 1 6 1 � 0
g�'d, y0'� era000'�'dg _soli o
100 o0_
—
w
N10'zJ'53� i`N1YRT]3x f � �]�_"4
1 A \
1 A 1
no 1 - 1 51027\E \ 5�
100A0 1 1
N10'zJ'SS�W 1 1
111 3a$ ;Nry
n�
W o y � oii3oo3o M R LL
R.m.]em
i a
,00aol a.co.sl.rry R
e"ee_
00s�s�
110 — Appendix F — Subdivision improvement Agreement
Return to:
Kalispell City Clerk
P.O. Box 1997
Kalispell, MT 59903
APPENDIX F
SUBDIVISION IMPROVEMENT AGREEMENT
SUBDIVISION IMPROVEMENT AGREEMENT
THIS AGREEMENT, made and entered into this day of , 20 ,
by and between the CITY COUNCIL, CITY OF KALISPELL, MONTANA, Party of the First
Part and hereinafter referred to as the CITY, and
Bison Hills, LLC
(Name of Developer)
a ComDan
(individual, Companv or Corporation)
located at 970 W. Broadway, #446, STE. E / P.O.Box 30,000 Jackson, Wyoming 83002
(Street Address/P. O. Box) (City, County, State, Zip)
Party of the Second Part and hereinafter referred to as DEVELOPER.
WITNESSETH:
THAT WHEREAS, the Developer is the owner and developer of a new subdivision known as
Mountain View Phase 1A
(Name of Subdivision)
located at A Tract Of Land Being A Portion Of Tract 9 Of Certificate Of Survey No. 19234, On File
And Of Record, Situated In Section 13, T28N, R22W, P.M.M., Flathead County, Montana
(Location of Subdivision) and,
WHEREAS, the City has conditioned it's approval of the final plat of
Mountain View Phase 1A , upon the conditions as set
forth (Name of Subdivision) in the Preliminary Plat of the Subdivision being completed and all
improvements, as cited in "Exhibit A" have not been completed at this time, and the Developer
wishes to bond for the completion of those improvements set forth in "Exhibit A"; and
WHEREAS, the City's Subdivision Regulations require that a subdivider shall provide a
financial security of 125% of the estimated total cost of construction of said improvements as
evidenced by an estimate prepared by a licensed public engineer included herewith as "Exhibit
B"; and
WHEREAS, the estimated total cost of construction of said improvements is the sum of
S 855,826 (100%)
111 — Appendix F — Subdivision improvement Agreement
NOW THEREFORE, in consideration of the approval of the final plat of said Subdivision by
the City, the Developer hereby agrees as follows:
1. The Developer shall deposit as collateral with the City a Letter of Credit_ or other accentahle
collateral as determined by the City Council, in the amount of $ 1,069,783.21 (125%)
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 $ 1,069,783.21 (125%) the estimated
cost of completing the required improvements in Mountain View Phase 1A
(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 May 1, , 20 25
I 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.
112 — Appendix F —Subdivision improvement Agreement
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.
Bison Hills, LLC
(Name of Subdivision/Developer/Firm)
by
(Title)
STATE OF MONTANA
COUNTY OF
On this day of , 20 , before me, a Notary Public for
the State of Montana, personally appeared , known to
me to be the of , whose
name is subscribed to the foregoing instrument and acknowledged to me that he/she executed the
same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal this day
and year first above written.
Notary Public for the State of Montana
Printed Name
Residing at _
My Commission Expires
MAYOR, CITY OF KALISPELL ATTEST:
MAYOR
CITY CLERK
Project Name: MOUNTIAN VIEW - PHASE 1A
WGM Project Number: 200917
EXHIBIT "B"
Owner: Bison Hills, L.L.C. CERTIFICATION OF WORK TO BE
Bonding Date: June 7, 2024 COMPLETED
NOTES: Quantities were removed from Foy Lake Rd items that have previously been bonded for and have remaining QTY in other schedules
WGMGROUP
Completed as of Bonding Date Total
Final Construction
Construction
Quantity Costs
Quantities
and Costs
Line Item Item Description
Unit
Quantity
Unit Price
Total
Quantity
Current Total
Schedule 1 - Site Work
1.1
Mobilization, Submittals & Permits
LS
1
$43,116.00
$43,116.00
1.0000
$43,116.00
1.2
Regulatory Permitting
LS
1
$1,200.00
$1,200.00
1.0000
$1,200.00
1.3
Erosion Control Measures
LS
1
$16,042.00
$16,042.00
1.0000
$16,042.00
1.4
Traffic Control
LS
0
$0.00
$0.00
0.0000
$0.00
1.5
Construction Survey(2.5%)
LS
1
$14,700.00
$14,700.00
1.0000
$14,700.00
1.6
Landscaping, Seeding, And Restoration
LS
1
$57,600.00
$57,600.00
0.8000
$46,080.00
1.7
Material Testing
LS
1
$16,800.00
$16,800.00
1.0000
$16,800.00
SCHEDULE 1 TOTAL
$149,458.00
$137,938.00
Schedule 2 - Roads & Sidewalks
Clearing Topsoil, Stockpile, Re -Spread (remaining stockpile can remain on
2.1
property)
CY
8821
$12.00
$105,852.00
8,821
$105,852.00
Embankmet (assumes 10% shrinkage in -place density, Cut material beyond
2.2
topsoil and recompacted onsite)
CY
31240
$11.00
$343,640.00
31,240
$343,640.00
2.3
3" Minus Select Subbase Material
CY
1357
$39.00
$52,923.00
1,357
$52,923.00
2.4
3/4" Minus Base Course Material
CY
801
$45.00
$36,045.00
801
$36,045.00
2.5
Asphalt Pavement (4" Thickness)
SY
4617
$31.67
$146,220.39
4,617
$146,220.39
2.6
Concrete Curb & Gutter
LF
453
$18.50
$8,380.50
453
$8,380.50
2.7
Drive Over Concrete Curb & Gutter
LF
1958
$19.00
$37,202.00
1,958
$37,202.00
2.8
Standard Sidewalk (4" concrete, 5' width, 6" Base Gravel)
SF
21738
$6.00
$130,428.00
21,738
$130,428.00
2.9
ADA Ramp (Truncated Domes)
EA
14
$1,020.00
$14,280.00
14
$14,280.00
SCHEDULE 2 TOTAL
$874,970.89
$874,970.89
Schedule 3 - Water System
3.1
8" PVC Water Main
LF
957
$93.00
$89,001.00
957
$89,001.00
3.2
12" PVC Water Main
LF
537
$125.00
$67,125.00
537
$67,125.00
3.3
12" 11.25 DI Elbow
EA
2
$1,669.00
$3,338.00
2
$3,338.00
3.4
12" 90 DI Elbow
EA
4
$1,806.00
$7,224.00
4
$7,224.00
3.5
8" DI 11.25 DI Elbow
EA
2
$1,351.00
$2,702.00
2
$2,702.00
3.6
8" DI 22.5 DI Elbow
EA
2
$1,366.00
$2,732.00
2
$2,732.00
3.7
8" X 12" DI Tee
EA
1
$2,295.00
$2,295.00
1
$2,295.00
3.8
8" X 8" DI Tee
EA
1
$1,957.00
$1,957.00
1
$1,957.00
3.9
Connect to Existing Water Main
EA
1
$1,404.00
$1,404.00
1
$1,404.00
3.10
6" Fire Hydrant Assembly
EA
5
$9,210.00
$46,050.00
5
$46,050.00
3.11
8" Gate Valves with Aprons
EA
9
$2,981.00
$26,829.00
9
$26,829.00
3.12
12" Gate Valves with Aprons
EA
6
$4,610.00
$27,660.00
6
$27,660.00
3.13
3/4" Domestic Water Service
EA
38
$3,810.00
$144,780.00
38
$144,780.00
3.14
12" MJ End Cap
EA
1
$1,061.00
$1,061.00
1
$1,061.00
3.15
8" MJ End Cap
EA
2
$854.00
$1,708.00
2
$1,708.00
SCHEDULE 3 TOTAL
$425,866.00
$425,866.00
Schedule 4 - Sewer System
4.1
Connect to Existing Sewer Main Stub
EA
1
$2,093.00
$2,093.00
1
$2,093.00
4.2
Install 48" Dia. Manhole with Apron
EA
12
$5,200.00
$62,400.00
12
$62,400.00
4.3
8" PVC Sewer Main within City ROW -Under 10'
LF
1330
$80.00
$106,400,00
1,330
$106,400,00
4.4
8" PVC Sewer Mainwith City ROW -Over 10'
LF
463
$120.00
$55,560.00
463
$55,560.00
4.5
4" Sewer Service
EA
50
$1,916.00
$95,800.00
50
$95,800.00
SCHEDULE 4 TOTAL
$322,253.00
$322,253.00
Schedule 5 - Stormwater Management
5.1
30" Storm Basin
EA
5
$3,593.00
$17,965.00
5
$17,965.00
5.2
48" Storm Basin
EA
6
$4,627.00
$27,762.00
6
$27,762.00
5.3
Water Quality Unit
EA
2
$18,430.00
$36,860.00
2
$36,860.00
5.4
12" PVC Storm Main
LF
855
$81.00
$69,255.00
855
$69,255.00
5.5
Stormwater Pond Grading
EA
2
$3,501.00
$7,002.00
2
$7,002.00
5.6
Pond Outlet Structure
EA
1
$5,165.00
$5,165.00
1
$5,165.00
5.7
Temporary Swale And Berm
LS
1
$5,253.00
$5,253.00
1
$5,253.00
SCHEDULE 5 TOTAL
$169,262.00
$169,262.00
Schedule 6 - Dry Utilities, Street Lighting, and Signage
6.1
Utility Trench with Bedding
LF
3,353
$12.00
$40,236.00
3,353
$40,236.00
6.2
3" SCH 40 Conduit
LF
2,680
$12.75
$34,170.00
2,680
$34,170.00
6.3
2" SCH 40 Conduit
LF
4,385
$7.75
$33,983.75
4,385
$33,983.75
6.4
2" SCH 40 Conduit- Lights
LF
0
$0.00
$0.00
0
$0.00
6.5
Three Phase Vaults
EA
5
$1,535.00
$7,675.00
5
$7,675.00
6.6
3" Long Radius Sweep
EA
15
$110.00
$1,650.00
15
$1,650.00
6.7
2" Long Radius Sweep
EA
105
$84.00
$8,820.00
105
$8,820.00
6.8
Light Pole Base
EA
12
$1,089.00
$13,068.00
12
$13,068.00
6.9
Street Signs
EA
4
$480.00
$1,920.00
4
$1,920.00
SCHEDULE 6 TOTAL
$141,522.75
$141,522.75
Schedule 7 - Additional Charges
7.1
6" Concrete Approach and Mailbox Turnout
SF
1,039
$12.00
$12,468.00
1,039
$12,468.00
7.2
12"X8" Reducer
EA
1
$998.00
$998.00
1
$998.00
7.3
2" Irrigation Meter Pit
EA
1
$7,650.00
$7,650.00
1
$7,650.00
7.4
Water Tri View Markers and Concrete Collars
EA
5
$150.00
$750.00
0
$0.00
7.5
Sewer Tri View Markers and Concrete Collars
EA
3
$150.00
$450.00
0
$0.00
7.6
Sewer Caps
EA
3
$150.00
$450.00
3
$450.00
7.7
Storm Drain Tri View Markers and Concrete Collars
EA
2
$150.00
$300.00
0
$0.00
7.8
Storm Drain Flared Ends and Rat Guards
EA
9
$450.00
$4,050.00
9
$4,050.00
7.9
6" SCH 40 Conduit
LF
1430
$21.81
$31,188.30
1,430
$31,188.30
7.10
1" SCH 40 Conduit
LF
1166
$5.25
$6,121.50
1,166
$6,121.50
7.11
Single Phase Utility Vaults
EA
6
$890.00
$5,340.00
6
$5,340.00
7.12
Electrical Secondary Pedestals
EA
18
$125.00
$2,250.00
18
$2,250.00
SCHEDULE 7 TOTAL
$72,015.80
$70,515.80
Schedule 8 - Foys Lake Road Improvements
8.1
Embankment
CY
2062
$11.00
$22,682.00
0.0000
$0.00
8.2
Special Borrow - Sub Base 3" Minus
CY
299
$39.00
$11,648.00
0.0000
$0.00
8.3
Crush Base Course - 1.5" Minus (8" Lift)
CY
199
$45.00
$8,960.00
0.0000
$0.00
8.4
Asphalt Pavement (4" depth)
SY
896
$31.67
$28,376.32
0.0000
$0.00
8.5
Type'L' Curb & Gutter
LF
657
$18.50
$12,154.50
0.0000
$0.00
8.6
Mountable Curb & Gutter
LF
315
$19.00
$5,985.00
0.0000
$0.00
8.7
Concrete sidewalk(8'Width)
SF
6682
$6.00
$40,092.00
0.0000
$0.00
8.8
Curb Cut - Slope Drain
EA
3
$2,000.00
$6,000.00
0.0000
$0.00
8.9
Valley Gutter(8'Width)
SF
396
$12.50
$4,950.00
0.0000
$0.00
8.10
Concrete Median Cap
SF
167
$6.00
$1,002.00
0.0000
$0.00
8.11
Plow Friendly Nose - Curbing
EA
2
$1,200.00
$2,400.00
0.0000
$0.00
8.12
Surface Mount Reflectors
EA
5
$200.00
$1,000.00
0.0000
$0.00
8.13
Street Signs
EA
4
$480.00
$1,920.00
0.0000
$0.00
8.14
8.15
8.16
8.17
8.18
Pavement Markings (MDT- Foys Lake Road)
Light Pole Bases
1" SCH 40 Conduit
Electrical Secondary Pedestals
18" RCP Type IV Culvert W/RACETs
LS
EA
LF
EA
LS
1
3
419
3
1
$10,800.00
$1,089.00
$5.25
$125.00
$10,000.00
$10,800.00
$3,267.00
$2,199.75
$375.00
$10,000.00
0.0000
0.0000
0.000
0.000
0.000
$0.00
$0.00
$0.00
$0.00
$0.00
SCHEDULE 8 TOTAL
$173,811.57
$0.00
Schedule 9 - Landscaping
9.1 Landscaping Earthwork
9.2 Landscape Plantings
9.3 Irrigation
9.4 Other Landscaping Material
9.5 6' Sound Mitigation Fencing on 4' berm (along US-93 bypass)
LS
LS
LS
LS
LF
1
1
1
1
600
$27,000.00
$237,099.00
$125,848.00
$216,048.00
$105.00
$27,000.00
$237,099.00
$125,848.00
$216,048.00
$63,000.00
0
0
0
0
0
$0.00
$0.00
$0.00
$0.00
$0.00
SCHEDULE 4 TOTAL
$668,995.00
$0.00
CIVIL CONSTRUCTION BASE BID TOTAL
$2,998,155.01
$2,142,328.44
TOTAL PROJECT BUDGET
$2,998,155.01
$2,142,328.44
TOTAL ESTIMATED COST OF CONSTRUCTION
$2,998,155.01
Approximate percentage of completed
work as of bonding date: 71%
AMOUNT COMPLETED PRIOR TO BONDING
$2,142,328.44
AMOUNT OF REMAINING WORK PRIOR TO BONDING
$855,826.57
AMOUNT OF BOND (125%OF REMAINING WORK)
$1,069,783.21
AS PROJECT ENGINEER FOR MOUNTAIN VIEW PHASE 1A, I CERTIFY THAT THE WORK LISTED HEREIN IS
CORRECT. IN ADDITION, I CERTIFY THAT THE ASSOCIATED COSTS ARE REASONABLY ACCURATE ESTIMATES
OF THE RESPECTIVE COSTS OF THE WORK.
THE VALUE OF CONSTRUCTION AND OTHER WORK COMPLETED TO DATE IS ESTIMATED TO BE: $2,142,328.44
THE TOTAL VALUE OF REMAINING WORK, SERVICES AND FEES IS ESTIMATED TO BE: $855,826.57
SECURITY HELD AT 125%OF THE REMAINING COSTS SHOULD BE IN THE AMOUNT OF: $1,069,783.21
/ ///1 . "-- C
Mike Brodie, P.E. *ALL IMPROVEMENTS SHALL BE COMPLETED BY: 5/1/25
Development Services
Department
2011st Avenue East
Kalispell, MT 59901
KAILISPEILIL
Phone (406) 758-7940
FINAL PLAT
Email: planningpkalispell.com Website: www.kalispell.com
Project Name
Property Address
Mountain View Phase 1A
964 Foys Lake Rd, Kalispell, MT 59901
NAME OF APPLICANT
Applicant Phone
Bison Hill, LLC
406-425-1394
Applicant Address
City, State, Zip
970 W BROADWAY, #446 SUITE E
Jackson, Wyoming, 83002
Applicant Email Address
gsehnell@tetonlanddevelopment.com
If not current owner, please attach a letter from the current owner a °pplicant to proceed with the application.
OWNER OF RECORD
Owner Phone
Bison Hill, LLC Attn: Gary Schnell
406-425-1394
Owner Address
City, State, Zip
970 W BROADWAY, Box 30,000, Suite E, #446
Jackson, Wyoming, 83002
Owner Email Address
gschnell@tetonlanddevelopment.com
CONSULTANT (ARCHITECT/ENGINEER)
Phone
WGM Group, LLC
406-756-4848
Address
City, State, Zip
431 1st Ave. West
Kalispell, MT, 59901
Email Address
mbrodie@wgmgroup.com
POINT OF CONTACT FOR REVIEW COMMENTS
Phone
Mike Brodie
360-689-7535
Address
lCity, State, Zip
431 1st Ave. West
Kalispell, MT, 59901
Email Address
mbrodie@wgmgroup.com
List ALL owners (any individual or other entity with an ownership interest in the property):
BISON HILL, LLC
BISON HILL, LLC
BISON HILL, LLC
Legal Description (please attach a full legal description for the property and a copy of the most recent deed).
Before the application will be deemed to be accepted for review, our office must receive an approval of the legal
description from the Flathead County Plat Room. Please submit the legal description to their office
(plat@flathead.mt.gov).
�ALISPELL
1. Date of Preliminary Plat Approval C.,.;: ,.:: .
Development Services
Department
2011st Avenue East
Kalispell, MT 59901
Phone (406) 758-7940
2. Type of Subdivision: Residential Industrial Commerciair PUDZ Other
3. Total number of lots in Subdivision: 30
4. Land in Project (acres) 9.83
5. Parkland (acres) 1.99
8. Number of lots by type:
Single Family
Commercial/Industrial
Townhouse (sublots)
6. Cash -in -lieu $ o
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 engineers 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
Attacid 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)
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 information or representation submitted in connection with this application be incorrect or untrue, I understand that any approval based
thereon may be rescinded, and other appropriate action taken. The signing of this application signifies approval for the Kalispell City staff to be
present on the property for routine monitoring and inspection during the approval and development process.
&�Vo AMcam, JIofi&e, - I - C ' Z c3
-63
Applicant Signature 11 Date
l�m6m 14. (A... LLr_
K.A.LISPELL
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
2011st 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@kalispell.com (Please
note the maximum file size to email is 20MB)
3. Electronic copy of the .dwg files of the final plat
4. Application fee based on the schedule below, made payable to the City of Kalispell:
Minor Subdivision with approved preliminary plat $800 + $250 per lot
Major Subdivision with approved preliminary plat $1600 + $250 per lot
Subdivisions with waiver of preliminary plat $1600 + $250 per lot
Subdivision Improvement Agreement $100
Filing Fee Attached $ 9 , 200
WGMGROUP
Community Values. Inspired Futures.
u
December 15, 2023
Jarod Nygren, Director
Kalispell Planning Department
201 1 st Avenue East
Kalispell, MT 59901
Re: Final Plat Application for Mountain View Phase 1A Subdivision
Dear Jarod:
As engineer of record for Mountain View Phase 1A Subdivision, I hereby certify that all of the
conditions stated in Resolution No. 6034 have been addressed to the best of my knowledge, except
for the following conditions which are currently in review and pending City approvals: Conditions 41,
42
Enclosed is the Final Plat application for the Mountain View Phase 1A Subdivision. The conditions of
approval are listed below along with how each has been addressed:
The Planned Unit Development for Mountain View allows the following deviation from the Kalispell
Zoning Regulations:
(1) Minimum lot size: Sec 27.06.040 - Minimum lot size in the R-3 zone is 6000 square feet. The
deviation reduces minimum lot area to 3500 square feet for the attached townhome and
cottage lots as a minimum lot area.
(2) Minimum lot width: Sec 27.06.040-The minimum lot width in the R-3 zone is 50 feet. The lot
width applies to sublots as well. The deviation allows 35 foot minimum widths for alley loaded
detached cottage homes. Sublots with a minimum lot width of 30 feet are allowed provided
they are in substantial compliance with the proposed plat, PUD plan, and other conditions of
the PUD.
The development of the site utilized the above deviations. Please see enclosed Mountain View
Staff Report and Conditions of Approval, Section II Evaluation Based on Statutory Criteria for
Initial Zoning and Proposed PUD Overlay, paragraph 1.
2. The Planned Unit Development for Mountain View allows the following deviation from the Kalispell
Subdivision Regulations:
(1) Block length: Sec 28.3.12(A)(2)-Block lengths must be at least 250 feet, but not more than 600
feet. This deviation allows blocks in excess of 600 feet as well as less than 250 feet in the area
of the cottage lots.
(2) Driveway access to collector road: Sec 28.3.14(G) and (J) -Individual driveways are prohibited
on collector streets per Sec 28.3.14(G) except in infill situations, with access to be from an
alley with the front of the house facing the collector. This deviation would provide that, where
alleys are not feasible, that driveway access to the street would be allowed if the block is
posted as "no parking." Additionally, any town house/sublot accessing a collector street would
be required to have a minimum lot width of 40 feet.
431 1" Avenue West, Kalispell, MT 59901 1 OFFICE 406.756.4848 1 EMAIL wgm@wgmgroup.com
Mountain View Phase 1
12-15-2023
Page 2 of 11
(3) Cottage Alleys as an alternative street section: The cottage lots would include two "cottage
alleys" which would be a cross section 40 feet wide. The street section would be allowed
provided that they are maintained as a private street. A note to that effect shall be placed on
the final plat.
(4) Alleys with townhouse development: Sec. 28.3.15 - Alleys are required for townhouse
development creating a street frontage density of 40 feet/unit or smaller on average for any
block. They are also required whenever lots are adjacent to a collector street. The proposed
layout for Phase 1 is appropriate provided that (a) shared driveways are used whenever
feasible; and (b) the townhouses along Foys Lake Road are reviewed and approved by the
City of Kalispell Architectural Review Committee. Future phases should be reviewed
separately with each preliminary plat as part of the subdivision review to determine if any
deviation is appropriate.
This phase of the development utilized the above deviations, with the exception of #3
above (cottage alleys). Please see enclosed Mountain View Staff Report and Conditions
of Approval, Section II Evaluation Based on Statutory Criteria for Initial Zoning and
Proposed PUD Overlay, paragraph 1.
3. The preliminary plat approval for the subdivision is not effective until the ordinance approving the
PUD becomes effective.
Ordinance No. 1862 approving the PUD became effective August 16th, 2021. Please see
enclosed Ordinance No. 1862.
4. 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.
The development of the site is in substantial compliance with the preliminary plat
documents as approved by City Council. Please see enclosed Resolution No. 6034 —
Preliminary Plat Conditions of Approval.
A development agreement shall be drafted by the Kalispell City Attorney between the City of
Kalispell and the developer outlining and formalizing the terms, conditions and provisions of
approval. The final plan as approved, together with the conditions and restrictions imposed, shall
constitute the Planned Unit Development (PUD) zoning for the site that shall be completed and
signed by the city and owner prior to the issuance of a building permit.
Per email correspondence with PJ Sorensen, this is not applicable for this final plat.
G. Upon approval of the preliminary PUD by the City Council, the property owner shall proceed with
the preparation of the final PUD plan as provided in Section 27 .19 .020(7) of the Kalispell Zoning
Ordinance.
Mountain View Phase 1
12-15-2023
Page 3 of 11
The owner and development are proceeding to comply with PUD plan and Section
27.19.020(7) and any items not yet addressed are included with later phases or included as
a part of the Subdivision Improvement Agreement (SIA).
7. As a PUD with an associated preliminary plat application, the abandonment or expiration of the
PUD is governed by Section 27.19.020(10) of the Kalispell Zoning Ordinance.
No Abandonment or expiration governed by Section 27.19.020(10) should be necessary for
the Mountain View Phase 1A development.
8. The storm water ponds shall be designed in a way that they become a visual interest to the
development. Chain link fencing surrounding the retention pond as the dominant fixture shall not
be allowed without mitigation. The developer shall work closely with the Parks Department and
Public Works to develop a design that is both visually appealing and meets the required safety
guidelines. It is intended that when the project is developed the ponds will act as features,
particularly along the roadways, rather than a private maintenance utility facility.
The permanent storm ponds were designed as entrance features and included in the
landscape plan submittal to Kalispell Parks and Recreation. No fencing along these
features is proposed.
9. The aesthetic appearance of the landscaping, fencing, and townhomes along Foys Lake Road
shall be in substantial compliance with the representation submitted. In order to ensure that the
final design of the frontage and townhomes along Foys Lake Road as well as along the bypass
meet these requirements, the landscaping, fencing and townhome plans for sublots along the
south side of the internal road paralleling Foys Lake Road shall be submitted to the Planning
Department and the City of Kalispell Architectural Review Committee for review and approval.
Landscape plan has been submitted to Kalispell Parks and Recreation. The intention is to
adhere to the representations presented. In instances where sound mitigation is required,
the installation of sound fencing may need to be installed in lieu of buck and rail fencing.
These plans will be submitted to arch review as a part of building permits.
10. The preliminary plat approval shall be valid for a period of three years from the date of approval.
The preliminary plat was approved August 2nd, 2021, and the PUD was approved August
161", 2021 and are still valid.
11. 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. An offsite downstream analysis for any drainage
flowing south across Foys Lake Road shall be completed, including a no -rise determination if
offsite volumes increase above historic volumes. 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.
A stormwater drainage plan has been reviewed and approved by City of Kalispell for phase
1A. this includes a no -rise analysis of the creek on the south side of Foys Lake Road. A
Mountain View Phase 1
12-15-2023
Page 4 of 11
certification of the stormwater facilities have been installed with the approved plans is
included with this submittal.
12. 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.
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.
18. 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 and
Montana Department of Environmental Quality's approval letter (EQ#22-2665) and
MFE Approval (DEQ#23-2269).
14. 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 #13 stating that design of all new infrastructure has been approved by the City of
Kalispell. Please see enclosed Public Works Engineering approval letter for Mountain View
Subdivision Phase 1A. Additionally, a "will serve" certification was provided by the City of
Kalispell Public Works and is enclosed.
15. 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 Professional Engineer certification letter stating water & sewer mains have been
installed and tested in accordance with City of Kalispell and DEQ requirements is
enclosed.
16. Any water rights associated with the property shall be transferred to the City of Kalispell. The
water rights shall be allocated proportionally for each phase of the development prior to final plat.
Mountain View Phase 1
12-15-2023
Page 5 of 11
All water rights associated with this property are surface irrigation affiliated with Ashley
Creek. Water rights will be transferred with future phases of the plat adjacent to Ashley
Creek.
17. Per the extension of services plan and the standards for design and construction, a water main
shall be extended within Foys Lake Road to the western end of the development. The extension
shall extend from the existing main to the western end of a given phase, ultimately extending to
the western property line.
The water main is currently extended to the western extents of the phase 1A
improvements. For future approvals, it should be noted that discussions with public works
indicate extension to the western property boundary may not require the extension to exist
in Foys Lake Road as long as it ultimately reaches the western property line. This was
deemed reasonable because of the booster station and that main extensions of the mid -
pressure zone would better serve properties to the west. See MDEQ design approval
enclosed.
18. Any crossing of Ashley Creek will require the appropriate permitting relating to working in or near
the creek, and could involve local, state, and federal jurisdictions and permitting.
No Ashley Creek crossing or work near the creek was necessary for this phase of
construction.
19. The design of the water system shall address the water pressure issues related to servicing the
development.
This phase of the development does not require a booster station to address pressure
concerns for domestic services at higher elevations as outlined in the Water and Sewer
Design Report, submitted for engineering review for this phase. A conditional approval
letter from the Kalispell Public Works Department is enclosed under Condition #13 stating
the water system was designed to address any water pressure issues. See enclosed
Technical Memorandum by AE2S corroborating MDT.
20. Per the extension of services plan and the standards for design and construction, a sewer main
shall be extended within Foys Lake Road to the western end of the development. The extension
shall extend from the existing main to the western end of a given phase, ultimately extending to
the western property line.
Sewer main has been extended to the extents of the phase. The sewer main was installed,
tested, and completed within Foys Lake Road to the western access of the Mountain View
Development area and down Learn Lane. This portion of the project was called "Mountain
View Subdivision Water & Sewer Extension" and that portion of the project has been
completed with all testing and certifications in place. See MDEQ design approval enclosed.
21. The developer shall submit the street design to the Kalispell Public Works Department for review
and approval prior to construction. Street designs shall meet the city standards for design and
construction.
The street design has been reviewed and approved by City of Kalispell Public Works and
been designed according to existing City of Kalispell standards with the exception of a
Mountain View Phase 1
12-15-2023
Page 6 of 11
widened sidewalk on the eastern side of the road to be ultimately extended to the rails to
trails path system. A conditional approval letter from the Kalispell Public Works
Department is enclosed under Condition #13 stating that street design has been approved
by the City of Kalispell. Please see enclosed Public Works Engineering approval letter for
Mountain View Subdivision Phase 1A
22. Internally, the streets shall be constructed as local streets under the City of Kalispell Standards for
Design and Construction, with the exception of the cottage alleys and the collector street running
from the west entrance through the center of the project, then west to the north property line to
provide an eventual connection to Highway 2.
For this phase, Phase 1A, of the Mountain View Development, no alleys were proposed or
constructed. The alleys and the collector street from the west entrance will be addressed
on a future phase.
28. The plat shall be amended to increase the sublot size and, if necessary, reduce lots on the
collector street to provide at least 40-foot wide sub lots for any sub lot accessing the collector.
The phase 1A final plat does not have any collector streets associated with it. All internal
roads are classified as City of Kalispell Urban Local.
24. Foys Lake Road shall be improved in accordance with City of Kalispell Standards for Design and
Construction and the subdivision regulations to a full width minor arterial. Any right-of-way
necessary to provide the right-of-way width shall be dedicated to the City. Phase 1A of the
subdivision shall improve Foys Lake Road from the Highway 93 Bypass to the westerly extent of
the phase. Any subsequent phase of development shall improve the remaining portion of Foys
Lake Road to the westerly extent of the given phase as shown on the preliminary plat provided by
this application. Improvements shall include an 8' concrete sidewalk, streetlights, and other
applicable improvements on the development side of the roadway.
A conditional approval letter from the Kalispell Public Works Department is enclosed under
Condition #13 stating that street design and section has been approved by the City of
Kalispell. Please see enclosed Public Works Engineering approval letter for Mountain View
Subdivision Phase 1A. The areas that remain unimproved in this section are within MDT
ROW and included in the subdivision improvement agreement and subsequent bond.
25. The eastern end of Phase 1 shall include a temporary turnaround to be reviewed and approved by
the Fire Department in order to provide sufficient fire access under the fire code.
The turnaround provided meets City of Kalispell Subdivision requirements and approval of
fire service/hydrant layout was provided by Dan Pearce which included dead end street and
appropriate turn around. This email correspondence is included with this submittal.
26. The bike path/pedestrian plans shall be amended to provide the appropriate connectivity and to
provide for pedestrian/bike traffic within the adjoining Foys Lake Road right-of-way and extending
to the western property line of the development as well as connecting to the existing bike path at
the northeast comer of the development.
The path has been installed to current phase westerly edge. Future phases will address
continual Foys Lake Road section improvements.
Mountain View Phase 1
12-15-2023
Page 7 of 11
27. The Traffic Impact study shall be amended pursuant to comments from Public Works detailed
within this report. Prior to final plat, all mitigation recommended as part of the approved amended
traffic impact study relative to the given phase shall be completed. All improvements shall be
reviewed and approved by the Public Works Department and the Montana Department of
Transportation, if applicable. The timing of the improvements will be determined by the
recommendations contained in the approved amended TIS.
An updated memorandum was submitted to the City and generally concluding the same as
the original data. No improvements, are required per the TIS for Phase 1A, but the study did
indicate the ultimate need of a right turn deceleration lane at the eastern entrance. This
was verified in the update memorandum.
Turn lane warrants were reassessed using the revised volumes, but the conclusions regarding
turn lanes at the site access points did not change from those stated in the original TIS, e.g.,
left -turn lanes are not warranted, a right -turn deceleration lane should be constructed on Foys
Lake Road at the eastern site access, and the western site access should be monitored for a
possible future right -turn deceleration lane. The updated nomography are attached to this
memo.
The right turn deceleration lane is included as a part of the phase 1A improvements and
included with the Subdivision Improvements Agreement. The updated memorandum along
with the original TIS is included with this submittal.
28. The road extending to Highway 2 is included within the Transportation Plan and the amended TIS
may show that the connection is necessary from a transportation perspective. If recommended by
the updated TIS, the road shall be installed connecting to Highway 2. If the full connection is not
recommended, the developer will need to provide for a future connection by extending the internal
road to the north property line. The road shall be fully developed to city standards as a collector in
accordance with the Standards for Design and Construction in conjunction with Phase 3 to the
appropriate northern terminus unless the approved amended TIS recommends different timing of
the improvement.
This condition is directed at future phases and is not included as a part of phase 1A.
29. The cottage alleys shall be owned and maintained as private streets, and a note to that effect shall
be placed on the final plat.
The alleyways are not included within this development phase. The alleyways will be
designated as "private" within the future phases Construction Documents. In addition, the
above note shall be included on the future phase's final plats.
30. The street intersection north of the western approach shall be designed such that the western
street tees into the eastern/northern leg, opposite of what is shown in the PUD.
The street intersection located north of the western approach is beyond the Phase 1A
limits and shall be addressed on a future phase.
31. 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, any private infrastructure has
been constructed per city standards, and a proper bond has been accepted for unfinished work.
Mountain View Phase 1
12-15-2023
Page S of 11
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. Letter from
City pending all work completed.
32. All existing and proposed easements shall be indicated on the face of the final plat. Utility
easements for city water and sewer shall be provided to allow for the logical extension of utilities
from this subdivision to adjoining properties. A letter from the Kalispell Public Works Department
shall be obtained stating that the 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.
38. The Geotech reports shall be updated to reflect comments from the Public Works and Building
Departments. The updated report would be subject to review and approval by both departments.
Any recommendations in the Geotech report shall be followed.
A new Geotechnical Report was conducted by Slopeside Engineering in May of 2021 and
the recommendations were followed within the Construction Documents. See Geotechnical
Report enclosed.
34. Geotech information for individual building sites may be required by the Building Department prior
to issuing a building permit for any construction, including, but not limited to, primary structures,
accessory structures, and decks, in order to ensure appropriate soils bearing pressure, placement
of footings, slopes, and other building code requirements pursuant to the IRC or other applicable
code.
The areas of primary concern and the direction of this condition were more focused on the
phase 1 B lots proposed on the hillside between the two accesses on Foys Lake Road.
Geotechnical information and guidance should be enforced during future lot and building
development, but little to no fill is placed in the phase 1A lots. Construction of homes on fill
material is the primary focus of the concern.
35. A full final grading plan shall be submitted to Public Works and the Planning Department showing
that slopes, building sites, and driveways are in compliance with Sections 28.3.03, 28.3.11(D), and
28.3.11(F) of the subdivision regulations.
A conditional approval letter from the Kalispell Public Works Department is enclosed under
Condition #13 stating that the grading design plan has been approved by the City of
Kalispell. Please see enclosed Public Works Engineering approval letter for Mountain View
Subdivision Phase 1A. The individual lot development, including building sites and
driveways, shall be evaluated as lots get developed.
30'. A noise study and detailed mitigation plans for highway sound mitigation showing compliance with
Section 28.3.09 of the subdivision regulations shall be submitted for review and approval by the
city prior to construction. Any fencing or walls shall be reviewed by the city Architectural Review
Committee pursuant to the PUD approval.
Mountain View Phase 1
12-15-2023
Page 9 of 11
A noise study was completed by Big Sky Acoustics. The noise study is enclosed with the
following caveats:
Recommendations for sound walls directly adjacent to the 93 Bypass were recommended,
but additional monitoring was discussed along Foys Lake Road. The study drew
conclusions based on elevations along Foys lake Road using sound readings completed
along the bypass, and ultimately need to be revisited for lots on the next portion of phase 1
(Phase 1 B).
37. 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
The above note is included on the final plat.
38. 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.
39. A homeowner's association (HOA) shall be formed and established to provide for the maintenance
of the common areas, including, but not necessarily limited to, roads, parks and open space.
Maintenance of private roads shall include both short term and long term maintenance including,
but not necessarily limited to, snow plowing, landscaping, sidewalks, street repairs, overlays, and
rebuilds of the street.
The Mountain View Association, Inc., has been established for the upkeep and
maintenance of the common areas of Mountain View Phase 1A. Please see enclosed HOA
Certification Letter.
40. 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.
An approval from the Kalispell Fire Department is enclosed, in the form of an email
correspondence with the Fire Chief.
41. 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, common area, and adjoining rights -of -way. The approved landscape plan
Mountain View Phase 1
12-15-2023
Page 10 of 11
shall be implemented or a cash -in -lieu payment for installation of the street trees and groundcover
be provided to the Kalispell Parks and Recreation Department.
The Phase 1A landscape plan was provided to Chad Fincher and was recently revised to
address his initial comments. His approval letter is pending.
42. A park plan shall be created and approved by the Parks and Recreation Director prior to final plat
of Phase 1A, and the plan shall show that the parkland dedication requirement is met for each
phase.
A Park and Trail Master Plan was provided to Chad Fincher and was recently revised to
address his initial comments. His approval letter is pending.
43. 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 assessments 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.
44. 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 assessments
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.
45. Section 28.3.25 of the subdivision regulations requires a waiver of the right to protest a Special
Improvement District ("SID") for roadway improvements in adjacent areas. On the face of the final
plat, there shall be a note stating "The owners hereby waive the right to protest the creation of an
SID for the purpose of financing improvements to area roads which will specifically benefit this
subdivision."
The above note is included on the final plat.
46. Prior to final plat, the description of the lots on the plat shall be amended to eliminate the
reference to duplex lots and to reference them as townhouse lots.
The description of the lots on the plat have been changed so they are now referred to as
townhouse lots.
47. A minimum of two-thirds of the necessary infrastructure for the subdivision shall be completed
prior to final plat submittal.
Mountain View Phase 1
12-15-2023
Page 11 of 11
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.
48. All utilities shall be installed underground and in locations that are approved by the Kalispell Public
Works Department in accordance with the Kalispell Standards for Design and Construction.
Please refer to the City's conditional approval letter enclosed under Condition #13. In
addition, all dry utilities have been designed and constructed in underground conduits and
vaults or pedestals.
49. All areas disturbed during development shall be re -vegetated with a weed -free mix immediately
after development.
Areas disturbed during construction have been re -vegetated by contractor with a weed -
free mix.
Sincerely,
WGM Group, Inc.
Mike Brodie, P.E.
Senior Project Engineer
Enclosures: Conditions of approval supporting documentation for Phase 1A
GUARANTEE
Issued by
Insured Titles
44 4th Street West/P- O- Box 188, Kalispell MT 59901
Title Officer Andrea Reum
Phone: (406)755-5028
FAX-- (406)755-3299
File No. 1120381-FT Cover Pa e
4� w
FirstAmerican TitleT'
Form 5010500 (7-1-14)
Guarantee Number: 501055-1120381
Guarantee Face Page
Issued By
FIRST AMERICAN TITLE INSURANCE COMPANY
P'ir st Arncrr'caii T1t1c
First American Title Insurance Company
Dennis J Gilmore, PresklW
Gcrti L `_+rndh tit+,rOt r,
This jacket was created electronically and constitutes an original document
File No. 1120381-FT Page 2 of 9 Guarantee Face Page - Exclusions, Conditions and Stipulations
Form 5010500 7-1-14
SCHEDULE OF EXCLUSIONS FROM COVERAGE OF THIS GUARANTEE
2.
2.
Except to the extent that specific assurances are provided in
Schedule A of this Guarantee, the Company assumes no
liability for loss or damage by reason of the following:
(a) Defects, liens, encumbrances, adverse claims or other
matters against the title, whether or not shown by the
public records.
(b) (1) Taxes or assessments of any taxing authority that
levies taxes or assessments on real property; or, (2)
Proceedings by a public agency which may result in taxes
or assessments, or notices of such proceedings, whether
or not the matters excluded under (1) or (2) are shown
by the records of the taxing authority or by the public
records.
(c) (1) Unpatented mining claims; (2) reservations or
exceptions in patents or in Acts authorizing the issuance
thereof; (3) water rights, claims or title to water, whether
or not the matters excluded under (1), (2) or (3) are
shown by the public records.
Notwithstanding any specific assurances which are provided in
Schedule A of this Guarantee, the Company assumes no
liability for loss or damage by reason of the following:
(a) Defects, liens, encumbrances, adverse claims or other
matters affecting the title to any property beyond the
lines of the land expressly described in the description set
forth in Schedule (A), (C) or in Part 2 of this Guarantee,
or title to streets, roads, avenues, lanes, ways or
waterways to which such land abuts, or the right to
maintain therein vaults, tunnels, ramps or any structure
or improvements; or any rights or easements therein,
unless such property, rights or easements are expressly
and specifically set forth in said description.
(b) Defects, liens, encumbrances, adverse claims or other
matters, whether or not shown by the public records; (1)
which are created, suffered, assumed or agreed to by
one or more of the Assureds; (2) which result in no loss
to the Assured; or (3) which do not result in the invalidity
or potential invalidity of any judicial or non -judicial
proceeding which is within the scope and purpose of the
assurances provided.
(c) The identity of any party shown or referred to in
Schedule A.
(d) The validity, legal effect or priority of any matter shown
or referred to in this Guarantee
GUARANTEE CONDITIONS AND STIPULATIONS
DEFINITION OF TERMS.
The following terms when used in the Guarantee mean:
(a) the "Assured": the parry or parties named as the
Assured in this Guarantee, or on a supplemental writing
executed by the Company.
(b) "land": the land described or referred to in Schedule
(A)(C) or in Part 2, and improvements affixed thereto
which by law constitute real property. The term "land"
does not include any property beyond the lines of the
area described or referred to in Schedule (A)(C) or in Part
2, nor any right, title, interest, estate or easement in
abutting streets, roads, avenues, alleys, lanes, ways or
waterways.
(c) "mortgage": mortgage, deed of trust, trust deed, or
other security instrument.
(d) "public records": records established under state
statutes at Date of Guarantee for the purpose of
imparting constructive notice of matters relating to real
property to purchasers for value and without knowledge.
(e) "date": the effective date.
NOTICE OF CLAIM TO BE GIVEN BY ASSURED
CLAIMANT.
An Assured shall notify the Company promptly in writing in
case knowledge shall come to an Assured hereunder of any
claim of title or interest which is adverse to the title to the
estate or interest, as stated herein, and which might cause
loss or damage for which the Company may be liable by virtue
of this Guarantee. If prompt notice shall not be given to the
Company, then all liability of the Company shall terminate
with regard to the matter or matters for which prompt notice
is required; provided, however, that failure to notify the
Company shall in no case prejudice the rights of any Assured
unless the Company shall be prejudiced by the failure and
then only to the extent of the prejudice
3. NO DUTY TO DEFEND OR PROSECUTE.
The Company shall have no duty to defend or prosecute any
action or proceeding to which the Assured is a party,
notwithstanding the nature of any allegation in such action or
proceeding.
4. COMPANY'S OPTION TO DEFEND OR PROSECUTE
ACTIONS; DUTY OF ASSURED CLAIMANT TO
COOPERATE.
Even though the Company has no duty to defend or prosecute
as set forth in Paragraph 3 above:
(a) The Company shall have the right, at its sole option and
cost, to institute and prosecute any action or proceeding,
interpose a defense, as limited in (b), or to do any other
act which in its opinion may be necessary or desirable to
establish the title to the estate or interest as stated
herein, or to establish the lien rights of the Assured, or to
prevent or reduce loss or damage to the Assured. The
Company may take any appropriate action under the
terms of this Guarantee, whether or not it shall be liable
hereunder, and shall not thereby concede liability or
waive any provision of this Guarantee. If the Company
shall exercise its rights under this paragraph, it shall do
so diligently.
(b) If the Company elects to exercise its options as stated in
Paragraph 4(a) the Company shall have the right to
select counsel of its choice (subject to the right of such
Assured to object for reasonable cause) to represent the
Assured and shall not be liable for and will not pay the
fees of any other counsel, nor will the Company pay any
fees, costs or expenses incurred by an Assured in the
defense of those causes of action which allege matters
not covered by this Guarantee.
(c) Whenever the Company shall have brought an action or
interposed a defense as permitted by the provisions of
File No. 1120381-FT Page 3 of 9 Guarantee Face Page - Exclusions, Conditions and Stipulations
Form 5010500 7-1-14
GUARANTEE CONDITIONS AND STIPULATIONS (Continued)
this Guarantee, the Company may pursue any litigation
to final determination by a court of competent jurisdiction
and expressly reserves the right, in its sole discretion, to
appeal from an adverse judgment or order.
(d) In all cases where this Guarantee permits the Company
to prosecute or provide for the defense of any action or
proceeding, an Assured shall secure to the Company the
right to so prosecute or provide for the defense of any
action or proceeding, and all appeals therein, and permit
the Company to use, at its option, the name of such
Assured for this purpose. Whenever requested by the
Company, an Assured, at the Company's expense, shall
give the Company all reasonable aid in any action or
proceeding, securing evidence, obtaining witnesses,
prosecuting or defending the action or lawful act which in
the opinion of the Company may be necessary or
desirable to establish the title to the estate or interest as
stated herein, or to establish the lien rights of the
Assured. If the Company is prejudiced by the failure of
the Assured to furnish the required cooperation, the
Company's obligations to the Assured under the
Guarantee shall terminate.
S. PROOF OF LOSS OR DAMAGE.
In addition to and after the notices required under Section 2
of these Conditions and Stipulations have been provided to
the Company, a proof of loss or damage signed and sworn to
by the Assured shall be furnished to the Company within
ninety (90) days after the Assured shall ascertain the facts
giving rise to the loss or damage. The proof of loss or
damage shall describe the matters covered by this Guarantee
which constitute the basis of loss or damage and shall state,
to the extent possible, the basis of calculating the amount of
the loss or damage. If the Company is prejudiced by the
failure of the Assured to provide the required proof of loss or
damage, the Company's obligation to such Assured under the
Guarantee shall terminate. In addition, the Assured may
reasonably be required to submit to examination under oath
by any authorized representative of the Company and shall
produce for examination, inspection and copying, at such
reasonable times and places as may be designated by any
authorized representative of the Company, all records, books,
ledgers, checks, correspondence and memoranda, whether
bearing a date before or after Date of Guarantee, which
reasonably pertain to the loss or damage. Further, if
requested by any authorized representative of the Company,
the Assured shall grant its permission, in writing, for any
authorized representative of the Company to examine, inspect
and copy all records, books, ledgers, checks, correspondence
and memoranda in the custody or control of a third parry,
which reasonably pertain to the loss or damage. All
information designated as confidential by the Assured
provided to the Company pursuant to this Section shall not be
disclosed to others unless, in the reasonable judgment of the
Company, it is necessary in the administration of the claim.
Failure of the Assured to submit for examination under oath,
produce other reasonably requested information or grant
permission to secure reasonably necessary information from
third parties as required in the above paragraph, unless
prohibited by law or governmental regulation, shall terminate
any liability of the Company under this Guarantee to the
Assured for that claim.
OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS:
TERMINATION OF LIABILITY.
In case of a claim under this Guarantee, the Company shall
have the following additional options:
(a) To Pay or Tender Payment of the Amount of Liability or
to Purchase the Indebtedness.
The Company shall have the option to pay or settle or
compromise for or in the name of the Assured any claim
which could result in loss to the Assured within the
coverage of this Guarantee, or to pay the full amount of
this Guarantee or, if this Guarantee is issued for the
benefit of a holder of a mortgage or a lienholder, the
Company shall have the option to purchase the
indebtedness secured by said mortgage or said lien for
the amount owing thereon, together with any costs,
reasonable attorneys' fees and expenses incurred by the
Assured claimant which were authorized by the Company
up to the time of purchase.
Such purchase, payment or tender of payment of the full
amount of the Guarantee shall terminate all liability of
the Company hereunder. In the event after notice of
claim has been given to the Company by the Assured the
Company offers to purchase said indebtedness, the
owner of such indebtedness shall transfer and assign said
indebtedness, together with any collateral security, to the
Company upon payment of the purchase price.
Upon the exercise by the Company of the option provided
for in Paragraph (a) the Company's obligation to the
Assured under this Guarantee for the claimed loss or
damage, other than to make the payment required in
that paragraph, shall terminate, including any obligation
to continue the defense or prosecution of any litigation
for which the Company has exercised its options under
Paragraph 4, and the Guarantee shall be surrendered to
the Company for cancellation.
(b) To Pay or Otherwise Settle With Parties Other Than the
Assured or With the Assured Claimant.
To pay or otherwise settle with other parties for or in the
name of an Assured claimant any claim assured against
under this Guarantee, together with any costs, attorneys'
fees and expenses incurred by the Assured claimant
which were authorized by the Company up to the time of
payment and which the Company is obligated to pay.
Upon the exercise by the Company of the option provided
for in Paragraph (b) the Company's obligation to the
Assured under this Guarantee for the claimed loss or
damage, other than to make the payment required in
that paragraph, shall terminate, including any obligation
to continue the defense or prosection of any litigation for
which the Company has exercised its options under
Paragraph 4.
DETERMINATION AND EXTENT OF LIABILITY.
This Guarantee is a contract of Indemnity against actual
monetary loss or damage sustained or incurred by the
Assured claimant who has suffered loss or damage by reason
of reliance upon the assurances set forth in this Guarantee
and only to the extent herein described, and subject to the
File No. 1120381-FT Page 4 of 9 Guarantee Face Page - Exclusions, Conditions and Stipulations
Form 5010500 7-1-14
GUARANTEE CONDITIONS AND STIPULATIONS (Continued)
Exclusions From Coverage of This Guarantee.
The liability of the Company under this Guarantee to the
Assured shall not exceed the least of:
(a) the amount of liability stated in Schedule A or in Part 2;
(b) the amount of the unpaid principal indebtedness secured
by the mortgage of an Assured mortgagee, as limited or
provided under Section 6 of these Conditions and
Stipulations or as reduced under Section 9 of these
Conditions and Stipulations, at the time the loss or
damage assured against by this Guarantee occurs,
together with interest thereon; or
(c) the difference between the value of the estate or interest
covered hereby as stated herein and the value of the
estate or interest subject to any defect, lien or
encumbrance assured against by this Guarantee.
8. LIMITATION OF LIABILITY.
(a) If the Company establishes the title, or removes the
alleged defect, lien or encumbrance, or cures any other
matter assured against by this Guarantee in a reasonably
diligent manner by any method, including litigation and
the completion of any appeals therefrom, it shall have
fully performed its obligations with respect to that matter
and shall not be liable for any loss or damage caused
thereby.
(b) In the event of any litigation by the Company or with the
Company's consent, the Company shall have no liability
for loss or damage until there has been a final
determination by a court of competent jurisdiction, and
disposition of all appeals therefrom, adverse to the title,
as stated herein.
(c) The Company shall not be liable for loss or damage to
any Assured for liability voluntarily assumed by the
Assured in settling any claim or suit without the prior
written consent of the Company.
9. REDUCTION OF LIABILITY OR TERMINATION OF
LIABILITY.
All payments under this Guarantee, except payments made
for costs, attorneys' fees and expenses pursuant to Paragraph
4 shall reduce the amount of liability pro tanto.
10. PAYMENT OF LOSS.
(a) No payment shall be made without producing this
Guarantee for endorsement of the payment unless the
Guarantee has been lost or destroyed, in which case
proof of loss or destruction shall be furnished to the
satisfaction of the Company.
(b) When liability and the extent of loss or damage has been
definitely fixed in accordance with these Conditions and
Stipulations, the loss or damage shall be payable within
thirty (30) days thereafter.
11. SUBROGATION UPON PAYMENT OR SETTLEMENT.
Whenever the Company shall have settled and paid a claim
under this Guarantee, all right of subrogation shall vest in the
Company unaffected by any act of the Assured claimant.
The Company shall be subrogated to and be entitled to all
rights and remedies which the Assured would have had
against any person or property in respect to the claim had this
Guarantee not been issued. If requested by the Company,
the Assured shall transfer to the Company all rights and
remedies against any person or property necessary in order to
perfect this right of subrogation. The Assured shall permit the
Company to sue, compromise or settle in the name of the
Assured and to use the name of the Assured in any
transaction or litigation involving these rights or remedies.
If a payment on account of a claim does not fully cover the
loss of the Assured the Company shall be subrogated to all
rights and remedies of the Assured after the Assured shall
have recovered its principal, interest, and costs of collection.
12. ARBITRATION.
Unless prohibited by applicable law, either the Company or
the Assured may demand arbitration pursuant to the Title
Insurance Arbitration Rules of the American Arbitration
Association. Arbitrable matters may include, but are not
limited to, any controversy or claim between the Company
and the Assured arising out of or relating to this Guarantee,
any service of the Company in connection with its issuance or
the breach of a Guarantee provision or other obligation. All
arbitrable matters when the Amount of Liability is $1,000,000
or less shall be arbitrated at the option of either the Company
or the Assured. All arbitrable matters when the amount of
liability is in excess of $1,000,000 shall be arbitrated only
when agreed to by both the Company and the Assured. The
Rules in effect at Date of Guarantee shall be binding upon the
parties. The award may include attorneys' fees only if the
laws of the state in which the land is located permits a court
to award attorneys' fees to a prevailing party. Judgment upon
the award rendered by the Arbitrator(s) may be entered in
any court having jurisdiction thereof.
The law of the situs of the land shall apply to an arbitration
under the Title Insurance Arbitration Rules.
A copy of the Rules may be obtained from the Company upon
request.
13. LIABILITY LIMITED TO THIS GUARANTEE;
GUARANTEE ENTIRE CONTRACT.
(a) This Guarantee together with all endorsements, if any,
attached hereto by the Company is the entire Guarantee
and contract between the Assured and the Company. In
interpreting any provision of this Guarantee, this
Guarantee shall be construed as a whole.
(b) Any claim of loss or damage, whether or not based on
negligence, or any action asserting such claim, shall be
restricted to this Guarantee.
(c) No amendment of or endorsement to this Guarantee can
be made except by a writing endorsed hereon or
attached hereto signed by either the President, a Vice
President, the Secretary, an Assistant Secretary, or
validating officer or authorized signatory of the Company.
14. NOTICES, WHERE SENT.
All notices required to be given the Company and any
statement in writing required to be furnished the Company
shall include the number of this Guarantee and shall be
addressed to the Company at First American Title
Insurance Company, Attn: Claims National Intake
Center, 1 First American Way, Santa Ana, California
92707. Phone:888-632-1642.
File No. 1120381-FT Page 5 of 9 Guarantee Face Page - Exclusions, Conditions and Stipulations
Form 5010500 7-1-14
a5 i x M c,�r
*} 7 First American Title
4
Guarantee
Subdivision Guarantee
ISSUED BY
First American Title Insurance Company
GUARANTEE NUMBER
5010500-1120381-FT
Subdivision or Proposed Subdivision: Mountain View - Phase 1A
Order No.: 1120381-FT
Reference No.:
Fee: $150.00
SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE LIMITS OF LIABILITY, AND OTHER PROVISIONS
OF THE CONDITIONS AND STIPULATIONS HERETO ANNEXED AND MADE A PART OF THIS GUARANTEE,
FIRST AMERICAN TITLE INSURANCE COMPANY, A CORPORATION HEREIN CALLED THE COMPANY
GUARANTEES:
WGM Group
FOR THE PURPOSES OF AIDING ITS COMPLIANCE WITH FLATHEAD COUNTY SUBDIVISION
REGULATIONS,
in a sum not exceeding $5,000.00.
THAT according to those public records which, under the recording laws of the State of Montana, impart
constructive notice of matters affecting the title to the lands described on the attached legal description:
Legal Description attached hereto as Exhibit A, and by this referenced incorporated herein.
(A) Parties having record title interest in said lands whose signatures are necessary under the
requirements of Flathead County Subdivision Regulations on the certificates consenting to the recordation
of Plats and offering for dedication any streets, roads, avenues, and other easements offered for
dedication by said Plat are:
Bison Hill, LLC; Trailwest Bank; Sandry Construction Company, Inc.
(B) Parties holding liens or encumbrances on the title to said lands are:
Mortgage dated December 17, 2020, to secure an original indebtedness of $2,500,000.00, and any
other amounts and/or obligations secured thereby.
Recorded: December 17, 2020, as Instrument No. 2020-000-42604
Mortgagor: Bison Hill, LLC
Mortgagee: Trailwest Bank
(C) Easements, claims of easements and restriction agreements of record are:
2. County road rights -of -way not recorded and indexed as a conveyance of record in the office of the
Clerk and Recorder pursuant to Title 70, Chapter 21, M.C.A., including, but not limited to any right of
the Public and the County of Flathead to use and occupy those certain roads and trails as depicted on
County Surveyor's maps on file in the office of the County Surveyor of Flathead County.
File No. 1120381-FT Page 6 of 9 Guarantee Face Page - Exclusions, Conditions and Stipulations
Form 5010500 7-1-14
3. 2024 taxes and special assessments.
The first one-half becomes delinquent after November 30th of the current year, the second one-half
becomes delinquent after May 31st of the following year.
General taxes as set forth below. Any amounts not paid when due will accrue penalties and interest
in addition to the amount stated herein:
Year First Half / Status Second Half / Status Parcel Number Covers
2023 $1,740.59 PAID $1,740.58 PAID 0662950 Subject Land
Supplemental 2023 Tax Bill Amount /Status Parcel Number Covers
$19.78 PAID 0662950 Subject Land
This property may be in a County in which a revised 2023 tax bill may be issued by the
County Treasurer's Office. This bill will replace the bill sent in late October 2023. A
revised tax bill impacts prorations and lender escrow reserve accounts paid at closing.
Please contact the County Treasurer's office for more information. The prorated taxes
will be calculated based on the amounts shown above unless the parties instruct
otherwise.
4. Reservation and Provisions in deed to Grant Blakewell, recorded June 23, 1948 in Book 295, Page
24 as Instrument No. 3334 .
Easement for an electric transmission and distribution line granted toPacific Power & Light Company,
recorded August 8, 1966 in Book 482, Page 490 as Instrument No. 5485 .
6. A three-quarter interest in the Northerly irrigation ditch crossing such property; and a one-third
interest in the Southerly irrigation ditch crossing such property; and a one -quarter interest in the
pump and water pipes used in connection therewith for the irrigation of the within described property
and other property, as disclosed in document recorded September 14, 1981, in Book 721, Page 971,
as Instrument No. 12823.
7. Easement for irrigation pump, pipe lines and irrigation system for the maintenance and operations of
such system granted to L.A. Storm and William Royer, recorded September 14, 1981 in Book 721,
Page 971 as Instrument No. 12823 .
8. All matters, covenants, conditions, restrictions, easements and any rights, interest or claims which
may exist by reason thereof, disclosed by Certificate of Survey(s) No.8698 , but deleting any
covenant, condition or restriction indicating a preference, limitation or discrimination based on race,
color, religion, sex, handicap, familial status, or national origin to the extent such covenants,
conditions or restriction violate 42 USC 3604 (c).
9. Easement for an electric transmission and distribution line granted toPacificorp, dba Pacific Power &
Light Company, recorded November 28, 1990 as Instrument No. 90-332-10360 .
10. Easement for an electric underground distribution line granted toPacificorp, dba Pacific Power & Light
Company, recorded May 18, 1995 as Instrument No. 95-138-14460.
File No. 1120381-FT Page 7 of 9 Guarantee Face Page - Exclusions, Conditions and Stipulations
Form 5010500 7-1-14
11. Terms and conditions of Resolution Designation of Limited Access Highway, recorded November 14,
1997, as Instrument No. 1997-318-10050.
12. Assignment and Assumption of Leases, executed by and between Pacificorp and Flathead Electric
Cooperative, Inc., recorded November 10, 1998, as Instrument No. 1998-314-10270.
13. Settlement Agreement upon the terms, conditions and provisions contained therein:
Parties: Roger O'Neil, Barbara E. Hall, Marilyn K. Bain, individually and as the Personal Representative of
the Estate of Lawrence E. O'Neil, deceased, and Charles H. O'Neil and Wynona M. O'Neil, individually and
as Trustees under that certain O'Neil Trust Agreement dated May 13, 1983
Recorded: October 17, 2000, as Instrument No. 2000-291-14250
14. Amended Resolution Designation of Controlled Access Highway and Facility Project recorded October
8, 2004, as Instrument No. 2004-282-08180.
15. All matters, covenants, conditions, restrictions, easements and any rights, interests or claims which
may exist by reason thereof, disclosed by Certificate of Survey No. 18086, recorded October 24, 2007
, Doc. No. 2007-000-32570, but deleting any covenant, condition or restriction indicating a
preference, limitation or discrimination based on race, color, religion, sex, handicap, familial status, or
national origin to the extent such covenants, conditions or restrictions violate 42 USC 3604(c).
16. Petition to Annex and Notice of Withdrawal from Rural Fire District, recorded December 18, 2007 as
Doc. No. 2007-000-37956.
17. Resolution No. 5251, by the city of Kalispell for annexation, recorded December 18, 2007 as Doc. No.
2007-000-37957.
18. Ordinance No. 1625 by the City of Kalispell, recorded April 10, 2009 as Doc. No. 2009-000-09933.
19. Amended Resolution for designation of controlled access highway filed February 11, 2010 under Doc.
No. 2010-000-03450.
20. All matters, covenants, conditions, restrictions, easements and any rights, interests or claims which
may exist by reason thereof, disclosed by Record of Survey No. 19234, recorded October 20, 2011,
as Doc. No. 2011-000-21562, but deleting any covenant, condition or restriction indicating a
preference, limitation or discrimination based on race, color, religion, sex, handicap, familial status, or
national origin to the extent such covenants, conditions or restrictions violate 42 USC 3604(c).
21. Ordinance No. 1862 creating the Mountain View Planned Unit Development filed by the City of
Kalispell on August 17, 2021, as Doc. No. 2021-000-28779.
Date of Guarantee: April 23, 2024 at 7:30 A.M.
By:
Authorized Countersignature
File No. 1120381-FT Page 8 of 9 Guarantee Face Page - Exclusions, Conditions and Stipulations
Form 5010500 7-1-14
EXHIBIT A
Mountain View — Phase 1A: Perimeter
A Tract Of Land Being A Portion Of Tract 9 Of Certificate Of Survey No. 19234, On File And Of
Record In Flathead County, Montana, Situated In Section 13, Township 28 North, Range 22
West, P.M., M., And More Particularly Described As Follows:
Commencing At The Southwest Corner Of Tract 9 Of Said Certificate Of Survey No. 19234;
Thence S86039'35"E, 2046.83 Feet To The Point Of Beginning Of This Description; Thence
N3020'25"E, 120.00 Feet; Thence S86039'35"E, 204.55 Feet; Thence N6012'54"W, 60.84
Feet; Thence N3020'25"E, 100.00 Feet; Thence N17026'27"E, 184.09 Feet; Thence
S82022'26"E, 65.74 Feet; Thence S85056'44"E, 131.62 Feet; thence N87038'14"E, 131.45
feet; thence N81013'36"E, 131.37 feet; thence N79015'34"E, 48.16 feet; thence
N23033'21"E, 28.97 feet; thence N11023'36"E, 57.21 feet; Thence S84041'17"E, 100.00 Feet
To A Point On A Non -Tangent Curve Concave To The West And Having A Radius Of 370.00
Feet, A Radial From Last Said Point Bears N84041'17"W; Thence Along Said Non -Tangent
Curve Through A Central Angle Of 11056'03", An Arc Length Of 77.07 Feet; Thence
N53052'30"W, 6.84 Feet; Thence N10044'26"W, 60.00 Feet; Thence N37039'07"E, 7.53 Feet;
Thence N79015'34"E, 60.00 Feet; Thence S10044'26"E, 43.42 Feet To A Point On A Tangent
Curve Concave To the West And Having A Radius Of 430.00 Feet; Thence Along Said Tangent
Curve Through A Central Angle Of 21032'30", An Arc Length Of 161.67 Feet; Thence
S79011'57"E, 100.00 Feet; thence S13059'05"W, 99.23 feet; thence S29000'38"W, 99.23
feet; Thence N73003'02"E, 203.16 Feet To The East Boundary Line Of Tract 9 Of Said
Certificate Of Survey No. 19234 And The West Right -Of -Way Line Of State Highway 93
Bypass; Thence S19008'08"E, Along Said East Boundary Line And Said West Right -Of -Way
Line, 189.98 Feet To A Point On The North Right -Of -Way Line Of Foys Lake Road And On A
Non -Tangent Curve Concave To The Northwest, Having A Radius Of 1500.14 Feet, A Radial
From Last Said Point Bears N24051'46"W;
Thence Continuing Along Said North Right -Of -Way of Foys Lake Road The Following 8
Courses:
1) Along Said Non -Tangent Curve Through A Central Angle Of 05018'01", An Arc Length Of
138.78 Feet;
2) S56039'43"W, 51.01 Feet To A Point On A Non -Tangent Curve Concave To The Northwest
And Having A Radius Of 1513.27 Feet, A Radial From Last Said Point Bears N17038'02"W;
3) Along Said Non -Tangent Curve Through A Central Angle Of 10024'24", An Arc Length Of
274.86 Feet;
4) S64037'47"W, 69.26 Feet To Point On A Non -Tangent Curve Concave To The North And
Having A Radius Of 1536.25 Feet, A Radial From Last Said Point Bears N04046'23"W;
5) Along Said Non -Tangent Curve Through A Central Angle Of 05056'38", An Arc Length Of
159.37 Feet;
6) N87027'13"W, 112.46 Feet;
7) S79032'07"W, 94.61 Feet;
8) N86039'35"W, 364.06 Feet To The Point Of Beginning;
EXCEPTING THEREFROM:
A Portion Of Tract 9 Of Certificate Of Survey No. 19234, On File And Of Record In Flathead
County, Montana, Situated In Section 13, Township 28 North, Range 22 West, P.M., M., And
More Particularly Described As Follows:
Commencing At The Southwest Corner Of Tract 9 Of Said Certificate Of Survey No. 19234;
Thence S86039'35"E, 2046.83 Feet; Thence N88050'14"E, 413.70 Feet To The Point Of
Beginning Of This Description; Thence N10027'53"W, 100.00 Feet; Thence N79032'07"E,
78.12 Feet; Thence S10027'53"E, 100.00 Feet; Thence S79032'07"W, 78.12 Feet To The Point
Of Beginning.
File No. 1120381-FT Page 9 of 9 Guarantee Face Page - Exclusions, Conditions and Stipulations
Form 5010500 7-1-14
Consent to Platting and Dedication:
Pursuant to 76-3-612, M.C.A, the undersigned TrailWest Bank, Mortgagee under that
certain Mortgage identified as follows:
Date: December 17, 2020
Mortgagor: Bison Hill, LLC
Document Number: # 2020-000-42604
Signature and Title Printed Name and Date
Does hereby join in and consent to the platting of the following described lands located
in the City of Kalispell, Flathead County, Montana, a portion of which lands are subject to
the mortgage of the above referenced Mortgagee:
Acknowledgement * * * * *
This instrument was acknowledged before me on this
dayy -c
of � c e e r 20_q 3
By. /\ od �' 2 ef5e.
(Notary Seal)
L.t?w.� ORRAINE FORD
Q4{,lNE F�
�Q�QtARIy{9p
NOIARY PUBLIC for the
* SEAL *
State of Montana
Residing at Kalispell, Montana
NgT�afp�e
My Commission Expires
February 17, 2026
G;4
Notary Signature
Residing at: 5
My commission expires: / % a D R
Consent to Platting and Dedication:
Pursuant to 76-3-612, M.C.A, the undersigned Sandry Construction Company, Inc.,
Claimant under that certain Construction Lien identified as follows:
Date:
Respondent:
Document Number:
And
Signature and Title
October 2, 2023
Bison Hill, LLC
# 2023-000-17435
# 2023-000-19051
Printed Name and Date
Does hereby join in and consent to the platting of the following described lands located
in the City of Kalispell, Flathead County, Montana, a portion of which lands are subject to
the lien of the above referenced Claimant:
Acknowledgement * * * * *
This instrument was acknowledged before me on this
day of Ce i- 20a3
By
(Notary Seal)
Notary Signature
Tf3RENDA D BALDI
e�NpA �s NOTARY PUBLIC for the
m NosnRtyt '- State of Montana
v S�AL e (residing at Kalispell, MT
no4
'k FiMy Commission Expires
-w September 21, 2024.
Residing at:
My commission expires:
Plat Room
Flathead County, Montana
800 S. Main St.
Kalispell, MT 59901
(406) 758-5510
This Form is for Subdivisions Only
BY: WGM Group LLC
FOR: Bison Hill LLC
DESCP : Tr 1
13-28-22
YEARS
2021 thru 2023
DATE: 11 /29/2023
PURPOSE: Subdivision
ASSESSOR #
0662950
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.
h i i� �, DEC 1 9 2023
KM/
Deputy Treasurer
(seal)
s
\�`� M0N i� t
WGMGROUP
Community Values. Inspired Futures.
u
November 20, 2023
City of Kalispell
Public Works Department
Attn: Matt Carlenzoli
201 1 st Avenue East
Kalispell, MT 59901
Re: Mountain View Stormwater Certification — Phase 1A
Dear Matt:
For the purpose of meeting final plat requirements, WGM Group, Inc. certifies that the
stormwater system improvements installed to date serving the roads and site associated with
Phase 1A of the Mountain View Subdivision have been completed and tested. This storm
infrastructure has been found to be in substantial conformity with the approved WGM Group,
Inc. construction plans and specifications dated 4/24/23 and approved construction
modifications. These improvements consist of stormwater pipes, catch basins and inlet grates,
manholes, detention ponds, water quality units, and curb and gutter.
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 mbrodie@wgmgroup.com.
Sincerely,
WGM Group, Inc.
Mike Brodie, PE
Senior Project Engineer
Author's Initials MJB
Encl.
cc:
431 1" Avenue West, Kalispell, MT 59901 1 OFFICE 406.756.4848 1 EMAIL wgm(a)wgmgroup.com
4"&AWGMGROUP
.�uuiii — , ., aiues. Irsplre2J Futures_
July 26, 2023
City of Kalispell
Public Works Department
Attn: Matt Carlenzoli
201 1st Avenue East
Kalispell, MT 59901
Re: Mountain View Subdivision Water and Sewer Extension
EQ#23-2269
Phase 1A Water & Sewer Certification
Dear Matt:
WGM Group, Inc. certifies that the water main and sewer main extension(s) to Mountain View Subdivision,
Phase 1A project has been completed and tested in substantial conformity with the approved WGM Group,
Inc. construction plans and specifications dated 4/24/2023 and approved construction modifications. There
are no deviations from the design standards other than those previously approved by the department.
1►ITI—All
Pressure testing was completed on June 61", 2023, and witnessed by WGM and City personnel. Final flushing
was conducted on June 271", 2023, by City personnel. Final water samples were collected on July 171", 2023 and
July 181", 2023 respectively.
SEWER
Sewer main pressure testing and manhole vacuum testing was completed on July 181", 2023 and July 191", 2023.
Sewer main cleaning, flush and camera inspection was completed on July 171", 2023 and July 191", 2023.
STORM SEWER
STORM Sewer cleaning, flush and camera inspection was completed on July 171", 2023.
The testing results are summarized with the enclosed letter for your review. 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
mbrodie(d)wgmgroup.com.
Sincerely,
WGM Group, Inc.
Mike Brodie, PE
SENIOR PROJECT ENGINEER
431 1It Avenue West, Kalispell, MT 59901 1 OFFICE 406.756.4848 1 EMAIL wgm@wgmgroup.com
Addressee
Date
Page 2 of 2
cc: MDEQ / EQ#23-2269
Bison Hill, LLC. — Gary Schnell
City of Kalispell Public Works Department — Keith Haskins
Enclosure: Construction Observation Reports, Testing Reports and Sample results
4"&AWGMGROUP
Community Values_ Inspired Futures.
April 30, 2024
City of Kalispell
Public Works Department
Attn: Matt Carlenzoli
201 1st Avenue East
Kalispell, MT 59901
Re: Mountain View Subdivision Water and Sewer Extension
EQ#22-1079
Sewer System Certification
Dear Math
WGM Group, Inc. certifies that the sewer main extension installed to serve the Mountain View
Subdivision project has been completed and tested in substantial conformity with the approved WGM
Group, Inc. construction plans and specifications dated 3/4/2022 and approved construction
modifications. This testing was originally completed in 2022 and found to be within specifications. At
the request of the City this main was re-videoed due to deficient camera angles. Sandry Construction
was brought back to the project and fixed several bellies that were found in the subsequent camera test.
In removing these bellies, several sections of pipe were noted out of round, and were mandrel tested in
April of 2024. It was found to be in compliance with Montana public works standard specifications.
There are no deviations from the design standards other than those previously approved by the
department.
Please note that this certification letter completes the water and sewer certification for the entire
project.
The testing results are summarized with the enclosed letter for your review. 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
mbrodie@wgmgroul).com.
Sincerely,
WGM Group, Inc.
Mike Brodie, PE
SENIOR PROJECT ENGINEER
cc: MDEQ / EQ#22-1079
Bison Hill, LLC. — Gary Schnell
City of Kalispell Public Works Department — Keith Haskins
Enclosure: Sanitary Sewer System Testing Summary Letter
431 1"Avenue West, Kalispell, MT 59901 I OFFICE 406.756.4848 1 EMAIL wgm@wgmgroup.com
4"&AWGMGROUP
Community Values_ Inspired Futures.
July 21, 2022/May 141h 2021
City of Kalispell
Public Works Department
Attn: Patrick Jentz
201 1st Avenue East
Kalispell, MT 59901
Re: Mountain View Subdivision Water and Sewer Extension
EQ#22-1079
Water Systems Certification
Dear Patrick:
WGM Group, Inc. certifies that the water main extension installed to eventually serve the Mountain
View Subdivision project have been completed and tested in substantial conformity with the approved
WGM Group, Inc. construction plans and specifications dated 3/4/2022 and approved construction
modifications. There are no deviations from the design standards other than those previously approved
by the department. This certification letter was sent in July of 2022, and the temporary service for
chlorination/de-chlorination of the main was abandoned to the corporation stop and capped in April
2024. Photos have also been added to this certification letter verifying the cap and abandonment.
Please note that this certification letter completes the water certification for the entire offsite water
main project.
The testing results are summarized with the enclosed letter for your review. 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
mbrodie@wgmgroul).com.
Sincerely,
WGM Group, Inc.
c
Mike Brodie, PE
SENIOR PROJECT ENGINEER
cc: MDEQ / EQ#22-1079
Bison Hill, LLC. — Gary Schnell
City of Kalispell Public Works Department — Keith Haskins
Enclosure: Water System Testing Summary Letter
431 1"Avenue West, Kalispell, MT 59901 I OFFICE 406.756.4848 1 EMAIL wgm@wgmgroup.com
CITY OF
KALISPELL
September 8, 2021
Mike Brodie, PE
Senior Project Engineer
WGM Group
431 1st Ave West
Kalispell, MT 59901
Re: Will Serve - Water and Sewer Extensions for Mountain View
Dear Mr. Brodie,
The purpose of this letter is to inform you that the City of Kalispell is willing and able to provide
service for the proposed water and sewer extensions meant to serve Mountain View
Development north of Foys Lake Road and West of the Hwy 93 Alternate The property has been
reviewed by this office and has been determined to have adequate water supply, sewer collection,
and solid waste disposal available to it.
Per our records, water service is available to the property via a 12" PVC water main on the south
side of Foys Lake Road. Sanitary sewer is available to the property via an 8" PVC sanitary sewer
main in Learn Lane, south of Foys Lake Road.
Design of all city infrastructure proposed to serve this site will be reviewed for compliance with
City of Kalispell Standards for Design and Construction and must be approved prior to
construction.
The provision of these services is contingent upon the development meeting minimum design
and construction standards, plan reviews, zoning regulations, payments of all applicable fees, and
meeting all other rules, regulations, and codes applicable to the site. Final evaluation of city
utility capacities will be completed during the plan review process.
Sincerely,
Keith Haskins, PE
City Engineer
201 1st Avenue E IPhone (406)758-7720
Po Box 1997 Public Works Department Fax (406)758-7831
Kalispell, MT 59903 1 1 www.kalispell.com
March 30, 2023
Mike Brodie, P.E.
Senior Project Engineer
WGM
431 1st Ave W
Kalispell, MT 59901
Re: Mountain View Phase 1A Conditional Engineering Approval
Dear Mike:
Thank you for your plan submittal. The City of Kalispell has reviewed the plans and supporting
documents submitted on 3/8/23 for the above referenced project. This project is hereby approved
contingent of the following items:
• Plans for upgrading Foys Lake Road must be approved by the City of Kalispell and the Montana
Department of Transportation prior to final plat of Mountain View Phase 1A.
Approval does not relieve you from designing, nor the contractor from constructing this project in
accordance with the City Standards currently in effect. Any deviations from City of Kalispell Design and
Construction Standards or approved plans shall be submitted for review and approval prior to
construction.
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.
201 1' Avenue E Phone (406)758-7720
Po sox 1997 Public Works Department Fax (406)758-7831
Kalispell, MT 59903 1 1 www.kalispell.com
Please contact Matt Carlenzoli at 406-250-2633 or mcarlenzoligkali spell. 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,
f AWI-V�
Patrick Jentz, PE
Engineer 3
CC:
• Matt Carlenzoli — City of Kalispell — Construction Manager
• Keith Haskins, PE — City of Kalispell — Deputy Public Works Director/City Engineer
Page 2 of 2
1111111111116�6-
KALISPELL
Mike Brodie
WGM Group
431 1 st Ave W
Kalispell, MT 59901
March 30, 2023
RE: Mountain View Phase 1A - EQ# 22-2665
Dear Mike Brodie
The design report, plans, referenced specifications and other supporting documentation for Mountain View
Phase 1A were received on 03/08/23. The design documents were submitted under the seal of PE# 28348. The
submittal was reviewed in accordance with Department of Environmental Quality standards in Circular DEQ-1
and 2, current at the time of submittal.
The project consists of the installation of approximately: 1508 lineal feet of 12-inch and 8-inch C900 PVC water
main and 1,808 feet of 8-inch water main. The project also includes all fittings, valves, hydrants, manholes,
services and appurtenances as shown on the plans and indicated in the specifications.
Plans and referenced specifications for Mountain View Phase 1A are hereby approved. An electronic copy of
the plans bearing the approval stamp of the Department of Environmental Quality is enclosed.
A deviation request from DEQ-2 — Section 38.2 allwoing the design engineer to ceritfy no wells are near the
proposed sewer main has been reviewed and approved by the Department. Approval is given with the
understanding that any deviation from the approved plans and specifications will be submitted to the City of
Kalispell for review and approval.
The project may not be placed into service until the project engineer or designer certifies by letter to the City of
Kalispell that the activated portion of the project was constructed in substantial accordance with the plans and
specifications approved by the City of Kalispell 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 City of Kalispell.
It is further understood that construction of this project must be completed within three years of this approval
date. If more than three years elapse before completing construction, plans and specifications must be
resubmitted and approved before construction begins.
201 1st Avenue E
PO BOX 1997
Kalispell, MT 59903
Public Works Department
Phone (406)758-7720
Fax (406)758-7831
www.kalispell.com
The City of Kalispell has reviewed this project on behalf of the Department of Environmental Quality. The
City of Kalispell 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.
Sincerely,
Patrick Jentz, PE - Engineer 3
Department of Public Works
City of Kalispell
Enclosures: One set of approved plans
cc:
Bison Hill, LLC, 970 W. Broadway #446 Suite E, Jackson, WY 83002
201 1st Avenue E
PO BOX 1997
Kalispell, MT 59903
Public Works Department
Phone (406)758-7720
Fax (406)758-7831
www.kalispell.com
111INK6
-1001dIJ001141t
CITY OF
KALISPELL
December 15, 2023
Mike Brodie, PE
WGM
431 1 st Ave W
Kalispell, MT 59901
Re: Mountain View PH I
Dear Mr. Brodie,
The Final Plat for Mountain View Estates PH IA (December 12, 2023) has been reviewed by the
Department of Public Works to ensure conformance with the City of Kalispell Design and
Construction Standards for required easements and right-of-ways. All required easements and
right-of-ways have been determined to be acceptable. Condition 32 of the Preliminary Plat
conditions is hereby deemed satisfied.
Sincerely,
f�6"Pc
Patrick Jentz, PE
Engineer 3
Cc: PJ Sorensen — Senior Planner
Keith Haskins — Deputy Public Works Director/City Engineer
201 1' Avenue E Phone (406)758-7720
Po sox 1997 Public Works Department Fax (406)758-7831
Kalispell, MT 59903 1 1 www.kalispell.com
111INK6
-1001dIJ001141t
CITY OF
KALISPELL
June 12, 2024
Ben Rankin, PE
WGM
431 1 st Ave W
Kalispell, MT 59901
Re: Mountain View PH IA and Foys Lake Water and Sewer Extensions
Dear Mr. Brodie,
Public infrastructure constructed for the Mountain View PH IA Subdivision and proposed to be
transferred to the City of Kalispell has been designed and constructed in accordance with MDEQ
and City Design and Construction Standards, has been tested and certified by a Montana licensed
Professional Engineer, and is considered accepted by the City of Kalispell. A satisfactory bond
has been provided for work not yet complete. Condition 31 of the Preliminary Plat conditions is
hereby deemed satisfied.
Sincerely,
f Aw-)VA
Patrick Jentz, PE
Engineer 3
Cc: PJ Sorensen — Senior Planner
Keith Haskins — Deputy Public Works Director/City Engineer
201 1' Avenue E Phone (406)758-7720
Po sox 1997 Public Works Department Fax (406)758-7831
Kalispell, MT 59903 1 1 www.kalispell.com
-1001dIJ001141t
CITY OF
KALISPELL
June 12, 2024
Mike Brodie, PE
Senior Project Engineer
431 1st Avenue W
Kalispell, MT 59901
Re: Final Plat Conditions for Mountain View PH IA
Dear Mr. Brodie,
The purpose of this letter is to address the Public Works related conditions required prior to Final
Plat as referenced in the conditions of Preliminary Plat described in Resolution No 6035. The
following conditions require Public Works approval and appear to be applicable to the Final Plat
of Phases 3 of the Meadows Edge Subdivision.
Condition 8: "The storm water ponds shall be designed in a way that they become a visual
interest to the development. Chain link fencing surrounding the retention pond as the dominant
fixture shall not be allowed without mitigation. The developer shall work closely with the Parks
Department and Public Works to develop a design that is both visually appealing and meets the
required safety guidelines. It is intended that when the project is developed the ponds will act as
features, particularly along the roadways, rather than a private maintenance utility facility. "
The stormwater ponds were constructed according the plans for Mountain View PH IA
which were approved on March 30, 2023 and certified by the engineer on June 12, 2024.
Condition 8 of the preliminary plat conditions shall hereby be considered satisfied.
Condition 11: "The developer shall submit to the Kalispell Public Works Department for review
and approval astorm water report and an engineered drainage plan that meets the requirements of the
current city standards for design and construction. An offsite downstream analysis for any drainage
flow ingsouth across Foys Lake Roadshall be completed, including arx)-Iisedetermination if offsite
volumes increase above historical volumes. Prior to final plat, a certification shallbe submitted
to thepublicworksdepartmentstating that the drainage plan for the subdivision has been installed
as designed and approved. "
The stormwater infrastructure was reviewed and approved by the public works
department on March 30, 2023. Included in this review was a no rise analysis for the
development. The public works department received a certification from Mike Brodie
201 1' Avenue E Phone (406)758-7720
Po sox 1997 Public Works Department Fax (406)758-7831
Kalispell, MT 59903 1 1 www.kalispell.com
(engineer of record) stating the stormwater infrastructure was installed as designed on
June 12, 2024.
Condition 11 of the preliminary plat conditions shall hereby be considered satisfied.
Condition 12: "The developer shallsubmittotheKalispellPublic WorksDepartmentpriorto
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. "
City of Kalispell Construction Site Stormwater Permit SW23-0042 and Montana DEQ
SWPPP Permit MTR110166 were approved and issued for construction.
Condition 12 of the preliminary plat conditions shall hereby be considered satisfied.
Condition 13: The developer shall submit water and sanitary sewer plans, applicable
specifications, and design reports to the Kalispell Public Works Department andMontana
Department of Environmental Quality for concurrent review, with approval of both required
prior to construction.
Plans and specifications for Mountain View PH IA were submitted to the Kalispell
Department of Public Works in accordance with the Standards for Design and
Construction. The City completed the DEQ review of this subdivision City and DEQ
approval was obtained on March 30, 2023. Both approvals were received prior to
commencement of construction.
Condition 13 of the preliminary plat conditions shall hereby be considered satisfied.
Condition 14: "New infrastructure required to serve the subdivision shall be designed and
constructed in accordance withthe City ofKalispell'sStandardsforDesign 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 andsidewalks. "
Plans and specifications for Mountain View PH I were reviewed and approved by the
Kalispell Department of Public Works in accordance with the Standards for Design and
Construction on March 30, 2023. Mike Brodie (engineer of record) certified that all work
had been completed in accordance with the approved plans on June 12, 2024.
Condition 14 of the preliminary plat conditions shall hereby be considered satisfied.
Page 2 of 7
Condition 15: "Water and sewer main extensions shall be designed and constructed in
accordance with the City ofKalispell's Standards for Design and Construction and in
compliance with the city's facilities update and extension 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. "
The water and sewer mains were designed in accordance with the City of Kalispell's
standards as noted in the March 30, 2023 approval letter. A Certification letter for the
water and sewer infrastructure was provided dated July 26, 2023 by Mike Brodie.
Condition 15 of the preliminary plat conditions shall hereby be considered satisfied.
Condition 16: "Any water rights associated with the property shall be transferred to the City of
Kalispell. The water rights shall be allocatedproportionallyfor eachphase ofthe developmentprior
to final plat. "
Water rights were quit claimed to the City of Kalispell on June 6, 2024 and the ownership
update is currently being filed with DNRC.
Condition 16 of the preliminary plat conditions shall hereby be considered satisfied.
Condition 17: "Per the extension of services plan and the standards for design and construction,
a water main shall be extended within Foys Lake Road to the western end of the development. The
extension shallextendfrom the existingmain to thew estern endofagivenphase, ultimately extending
to the western property line. "
A water main was extended to the western edge of the current phase.
Condition 17 of the preliminary plat conditions shall hereby be considered satisfied.
Condition 19: "The design of the water system shall address the water pressure issues related to
servicing the development. "
No special modifications were required to provide water service for this phase of
development.
Condition 19 of the preliminary plat conditions shall hereby be considered satisfied.
Page 3 of 7
Condition 20: "Per the extension of services plan and the standards for design and construction,
a sewer main shall be extended within Foys Lake Road to the western end of the development. The
extension shallextendfrom the existingmain to the w estern endofagivenphase, ultimately extending
to the western property line."
A sewer main was extended past the western edge of the current phase.
Condition 20 of the preliminary plat conditions shall hereby be considered satisfied.
Condition 21: "The developer shall submit the street design to the Kalispell Public Works
Department for review and approval prior to construction. Street designs shall meet the city
standards for design and construction. "
The streets were reviewed and approved by the public works department on March 30,
2023.
Condition 21 of the preliminary plat conditions shall hereby be considered satisfied.
Condition 22: "Internally, the streets shall be constructed as local streets under the City of
Kalispell Standards forDesign and Construction, with the exception of the cottage alleys and the
collector street runningfrom the west entrance through the center of theproject, then west to the north
property line to provide an eventual connection to Highway 2. "
All streets in this phase were constructed as local streets in compliance with this
condition.
Condition 22 of the preliminary plat conditions shall hereby be considered satisfied.
Condition 24: "Foys Lake Road shall be improved in accordance with City ofKalispell Standards for
Design and Construction and the subdivision regulations to a full width minor arterial. Any right-of-
way necessary to provide the right-of-way width shall be dedicated to the City. Phase IA of the
subdivision shall improve FoysLakeRoadfromtheHighway93Bypasstothewesterly extent of the
phase. Any subsequent phase of development shall improve the remaining portion of Foys Lake
Road to the westerly extent of the given phase as shown on the preliminary platprovided by this
application. Improvements shall include an 8' concrete sidewalk, streetlights, and other
applicable improvements on the development side of the roadway. "
MDT has dictated the improvements to Foys Lake Road. A bond has been provided for
this work.
Condition 24 of the preliminary plat conditions shall hereby be considered satisfied.
Page 4 of 7
Condition 25: "The eastern end ofPhase I shall include a temporary turnaround to be reviewed
and approved by the Fire Department in order to provide sufficient fire access under the fire
code. "
A turnaround approved by the fire chief was provided at the eastern end of Phase IA.
Condition 25 of the preliminary plat conditions shall hereby be considered satisfied.
Condition 26: "The bike path/pedestrian plans shall be amended to provide the appropriate
connectivity and to provide for pedestrian/bike traffic within the adjoining Foys Lake Road right-of-
way and extending to the western property line of the development as well as connecting to the
existing bike path at the northeast corner of the development. "
A path was extended from the end of the existing pedestrian way to the west edge of the
current phase.
Condition 26 of the preliminary plat conditions shall hereby be considered satisfied.
Condition 27: "The Traffic Impact study shall be amended pursuant to comments from Public
Works detailed within this report. Prior to final plat, all mitigation recommended as part of the
approved amended traffic impact study relative to the given phase shall be completed. All
improvements shall be reviewed and approved by the Public Works Department and the
Montana Department of Transportation, if applicable. The timing of the improvements will be
determined by the recommendations contained in the approved amended TIS. "
The current modifications for this phase of development have been completed. Future
phases will require an updated TIS to identify when improvements are required.
Condition 27 of the preliminary plat conditions shall hereby be considered satisfied.
Condition 31: "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 ofKalispell, anyprivate
infrastructure has been constructed per city standards, and a proper bond has been accepted for
unfinished work. "
On June 12, 2024 Mike Brodie (engineer of record) submitted a certification that all new
infrastructure was installed per the approved plans and the City of Kalispell's Design
Standards. The City of Kalispell issued a letter on June 12, 2024 accepting all of the
public infrastructure.
Condition 31 of the preliminary plat conditions shall hereby be considered satisfied.
Page 5 of 7
Condition 32: "All existing and proposed easements shall be indicated on the face of the final plat.
Utility easements for city water andsewer shall beprovided to allow for the logical extension of utilities
from this subdivision to adjoiningproperties. A letter from the Kalispell Public Works Department shall be
obtained stating that the required easements are beingshown on the final plat.
On December 15, 2023 the City of Kalispell issued a letter approving the easements and
right of ways as shown on the final plat.
Condition 32 of the preliminary plat conditions shall hereby be considered satisfied.
Condition 33: "The Geotech reports shall be updated to reflect comments from the Public
Works and Building Departments. The updated report would be subject to review and approval
by both departments. Any recommendations in the Geotech report shall be followed. "
The areas of concern highlighted in the Geotechnical Report are not in the current phase
of development.
Condition 33 of the preliminary plat conditions shall hereby be considered satisfied.
Condition 35: A full final grading plan shall be submitted to Public Works and the Planning
Department showing that slopes, building sites, and driveways are in compliance with Sections
28.3.03, 28.3.11(D), and 28.3.11(F) of the subdivision regulations.
The plans approved by the Public Works Department were reviewed and approved on
March 30, 2023 which showed the driveway conforming to the City's regulations.
Condition 33 of the preliminary plat conditions shall hereby be considered satisfied.
Page 6 of 7
Condition 48: All utilities shall be installed underground and in locations that are approved by the
Kalispell Public Works Department in accordance with the Kalispell Standards for Design and
Construction.
The plans approved by the Public Works Department were reviewed and approved on
March 30, 2023. On June 12, 2024 Mike Bordie (engineer of Record) certified that all
work had been completed in accordance with the approved plans and the City's design
standards.
Condition 48 of the preliminary plat conditions shall hereby be considered satisfied.
Sincerely,
Patrick Jentz, PE
Engineer 3
CC: PJ Sorenson, Esq. — Senior Planner
Page 7 of 7
Q. Montana Department
of Environmental Quality r _,.
March 28, 2023
Mike Brodie PE
WGM Group
431 1 st Avenue West
Kalispell MT 59901
RE: Mountain View Phase IA
Municipal Facilities Exclusion
EQ# 23-2269
City of Kalispell
Flathead County
Dear Mr. Brodie,
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.
Mountain View Phase IA Municipal Facilities Exclusion will consist of 30 Residential Lots.
Sincerely,
Rachel Clark
Engineering Bureau Chief
Water Quality Division
Department of Environmental Quality
(406) 444-1277
Email rachel.clark2mt.-gov
cc: City Engineer
County Sanitarian
file
Greg Gianforte, Governor I Chris Dorrington, Director I P.O. Box 200901 1 Helena, MT 59620-0901 1 (406) 444-2544 1 www.deq.mt.gov
DEQ.,M,
Montana Department
of Environmental Quality
February 7, 2022
Michael Brodie, PE
WGM Group, Inc.
431 1st Avenue West
Kalispell, MT 59901
RE: Foys Lake Road Water and Sewer Main Extensions; City of Kalispell; EQ#22-1079
Dear Mr. Brodie:
Design information, plans, and specifications for the Foys Lake Road Water and Sewer Main
Extensions project were submitted under the seal of Michael J. Brodie, PE#28348, and received
by the Department on July 19, 2021. A review letter was sent by the Department on July 22, 2021
and a response was received on October 5, 2021. A second review letter was sent on October
13, 2021, with a response received on January 28, 2022. The submittal was reviewed in
accordance with the Department of Environmental Quality design standards in Circular DEQ-1,
2018 edition, and Circular DEQ-2, 2018 edition.
The project consists of installation of 740 lineal feet of new 12-inch water main, with
appurtenances, and approximately 2,400 lineal feet of new 8-inch PVC gravity sewer main and
ten manholes. All work shall be constructed within public right-of-way only.
Plans and specifications for the Foys Lake Road Water and Sewer Main Extensions project
are hereby approved. One copy of the plans and specs bearing the approval stamp of the
Department of Environmental Quality are enclosed. One set will be retained for Department
record and one set will be provided to the ow County Health Department.
'r &A-V-t ILA
Approval is given with the understanding that any deviation from the approved plans and
specifications will be submitted to the Department for review and approval. The project may not
be placed into service until the project engineer or designer certifies by letter to the Department
that the activated portion of the project was constructed in substantial accordance with the plans
and specifications approved by the Department and there are no deviations from the design
standards other than those previously approved by the department. Within 90 days after the
completion of construction, a complete set of certified "as -built" drawings must be signed and
submitted to the Department.
It is further understood that construction of this project must be completed within three years of
this approval date. If more than three years elapse before completing construction, plans and
specifications must be resubmitted and approved before construction begins.
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
Greg Gianforte, Governor I Chris Dorrington, Director I P.O. Box 200901 1 Helena, MT 59620-0901 1 (406) 444-2544 1 www.deq.mt.gov
Foys Lake Road Water and Sewer Main Extensions
EQ#22-1079
February 7, 2022
Page 2
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 or concerns,
please feel free to contact me at (406) 444-5322 or mmarsh@mt.gov.
Sincerely,
Michele Marsh, PE
DEQ Engineering Bureau
cc: Flathead County Health Department
File: EQ#22-1079
CITY OF
KALISPELL
May 6, 2024
Kalispell Planning Department
Attn: PJ Sorenson
P.O. Box 1997
Kalispell, MT 59901
Phone: (406) 758-7932
Re: Mountain View Phase I
Dear PJ:
Kalispell Parks & Recreation
306 1st Ave E. P.O. Box 1997
Kalispell, Montana 59903-1997
(406) 758-7715 Fax (406) 758-7719
This letter is to serve as conditional approval on the proposed landscaping plan for the boulevards, park,
and common area Mountain View Phase IA, per designs submitted by WGM Group.
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 Mountain View Phase IA. 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. Prior to installation of the trees, the developers landscape contractor is to contact our
Parks Superintendent about proper planting protocols and submit a planting permit. Mineral mulch in the
boulevards and adjacent to the public way is not permitted. Any landscape revisions or substitutions need
to be authorized by Kalispell Parks and Recreation prior to installation. Irrigation systems will need to
extend to the furthermost edges of all landscaped areas and provide head -to -head coverage. Any areas
with temporary irrigation will need to be underground with no hoses or portable sprinklers used to irrigate
and be on a central timer with the rest of the subdivision irrigation. The sound wall/fence that will be
installed on the eastern side of the phase will need to have planning, public works, and our approval prior
to installation.
Final approval will be given upon completion, inspection and approval of the landscaping and tree
plantings at which time any bonding that has been submitted will be released after acceptance of
completed landscaping. It should be noted that all trees and landscaping are under a 2-year warranty
period, and should they die within this period, the developer will be responsible for replacement. The
warranty period will not begin till Kalispell Parks and Recreation accepts all landscaping 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
Planning Department
CITY OF ����� 201 111 Avenue East
ALISPALE-IL Kalispell, 59901
Phone: (406) 6) 758-798-7940
Fax: (406) 758-7739
www.kalispell.com
REPORT TO: PJ Sorenson
FROM: Kari Barnhart, Kalispell Planning Dept
SUBJECT Mountain View PUD
DATE: May 21, 2024
Ordinance 1862, Mountain View PUD, was approved by The Kalispell City Council on August
16, 2021. Pursuant to condition 99 - The aesthetic appearance of the landscaping, fencing, and
townhomes along Foys Lake Road shall be in substantial compliance with the representation
submitted. In order to ensure that the final design of the frontage and townhomes along Foys
Lake Road as well as along the bypass meet these requirements, the landscaping, fencing and
townhome plans for sublots along the south side of the internal road paralleling Foys Lake Road
shall be submitted to the Planning Department and the City of Kalispell Architectural Review
Committee for review and approval.
All of these items appeared before the Architectural Review Committee on March 26 and May
14, 2024 and were approved.
KALISUNWEPARTMENT
Dan Pearce — Fire Chief PO Box 1997
Jessica Kinzer Assistant Chief 312 First Avenue East
Cec Lee — Fire Secretary Kalispell, Montana 59901
Phone: (406) 758-7760
FAX: (406) 758-7777
Re: Mountain View Phase 1 Fire Hydrant Locations December 21, 2023
Upon review of the Fire Hydrant Exhibit plan submitted to Kalispell Fire Department for Mountain
View Phase 1 (WGM project number 200917, Fire Hydrant Exhibit, record drawing date February
2022), the Fire Department approves the hydrant layout/spacing and ability to access these hydrants
from the design submitted. This approval does not include future development/expansions with
additional lots or phases where additional hydrants might be needed depending on site layout.
ADDITIONAL ACTION/COMMENT-
Excerpted from Comments sent to Patrick Lentz- 12-5-2022.
"Peaks View Drive would need to extend to 60' paved from the 51'. Also, Zenith would need to be
paved the full 70', not as it is at 50' paved and 20' gravel. My concern with. Gene is the degradation
of the gravel over time and could see the front of an engine sinking in during a spring thaw. The
snow would need to be pushed beyond the ends of the pavement for it to be a proper turnaround for
our vehicles."
Daniel Pearce
Fire Chief
City of Kalispell
"Protecting our community with the highest level of professionalism"
�r UNITED STATES
POSTAL SERVICE
Sharon Wilhelm
431 1" Ave W.
Kalispell, MT 59901 November 26, 2022
RE: Mountain View Sub -division ( Bison Hills, LLC)
Sharon -
I have looked at the phase 1A Plat Plan for the Mountain View Sub -Division site. The approved site for
the CBU's and Parcel Lockers are to be located near Lot # 39 A and B. The agreed is 3-16-unit CBU's
to service the 37 new addresses plus 1 additional 1-2 unit Parcel locker separate from the 3 CBU units.
This is a tempoiMr a2ree►nent until finol plot for ALL OF THE MOUNTAIN If1ER SUBDIVISION and final
house numbers become available.
If further development of the adjacent property is to happen it will be the responsibility of the Developer
and or HOA to purchase a larger CBU and additional Parcel Lockers. (Parcel Locker for every S
deliveries is the Domestic Mail Manual and USPS minimum Requirements for New Construction)
The Unit will be installed prior to the residents moving into their homes. USPS will input the addresses
for this project into the AMS system and will retain all keys for the project and hand out to the new
residence when their homes are occupied.
Developer and or HOA will be responsible for the maintenance and replacement of CBU and Parcel
locker if destroyed or stolen.
This is a condition of my approval so that the customers have a secure Mode of Delivery and will be able
to receive mail and parcels and to be added to the Automated Mail System (AMS) that the USPS
provides this for address conformation for Local, City, State and Federal Mandates.
We have a mutually agreed signed Mode of Delivery Agreement.
Consider this letter as approval of the site for US Postal Service Delivery.
Resp Y,
Larry A. Golie
,-._ Postmaster
350 N. Meridian RD
Kalispell, MT 59901-9998
406-257-9796
Lawrence.A.Golie@USPS.GOV
FCA Flathead Station
AGUNITED STATES
POST13L SERVICE
� �pST Otp
3 s
j
a ufltiux
"Efficiency is doing things right, Effectiveness is doing the right things." - Peter Drucker
MONTANA
Department of Transportation
May 13, 2024
Mike Brodie, PE
Senior Project Engineer
431 1st Avenue W
Kalispell, Montana 59901
Larry Flynn, Interim Director
2701 Prospect • PO Box 201001
Helena MT 59620-1001
Subject: Mountain View Subdivision Phase 1A Approach and Encroachment— U-6713, MP 1.26
Mike, the Montana Department of Transportation (MDT) has completed the review of the Phase 1A approach
and sidewalk encroachment permit applications requested by the developers of the Mountain View
Subdivision located along U-6713 at mile post 126.3.
We have the following informational comments and guidance for construction of the approach and sidewalk:
1. The proposed borings would not impact any archaeological sites or historic properties within the
MDT right-of-way.
2. Approval is contingent upon the applicant complying with all applicable environmental laws. The
applicant is solely responsible for any environmental impacts incurred as a result of this project and is
solely responsible for obtaining any necessary environmental permits, notifications, and/or any other
necessary environmental clearances prior to beginning construction.
3. If the approved plans change, the developer is responsible for getting approvals from MDT and any
other agency approvals needed prior to construction of the new design.
4. Question 15 was changed to "yes". A traffic control plan is required for work along Foy's Lake Road.
5. Please be prepared to submit a traffic control plan and the construction schedule for construction.
6. All MDT permits requested by the developer are subject to the standard permit conditions shown in
the attachment.
7. Please contact Justin Juelfs at 406-751-2010 to complete the permit process and for permission to
enter MDT right of way to begin construction.
8. No work for Phase 1B approach or associated road improvements have been authorized with permit
applications 10293 & 9031.
Please contact Mike Tierney at 406-444-9416 to facilitate responses to any questions you may have
concerning the permit review.
Sincerely,
LeR� Wosoba, P.E.,
System Impact Supervisor
Attachments: Standard MDT Permit Conditions
Copies: Bob Vosen, P.E., Missoula District Administrator
Justin Juelfs, Kalispell Area Maintenance Chief
Rebecca Franke, P.E., Kalispell Area Traffic Engineer
Rail, Transit and Planning Division Toll -free: (800) 714-7296
Phone: (406) 444-3423 An Equal Opportunity Employer TTY: (800) 335-7592
Fax: (406) 444-7671 Web Page: wvvw.mdt.mt.gov
PO Box 27 Helena, Montana 59624
406.457.0407 www.bigskyacoustics.com
Big Sky Acoustics
March 22, 2023
Mr. Mike Brodie
WGM Group
431 1" Avenue West
Kalispell, MT 59901
Re: Mountain View Subdivision — Phase 1
Traffic Noise Contour Analysis
BSA Project #22141
Dear Mike:
Big Sky Acoustics, LLC (BSA) has completed the Traffic Noise Contour Analysis for Phase 1 of
the proposed Mountain View Subdivision located adjacent to the Kalispell Bypass and Foys
Lake Road. The enclosed report summarizes BSA's analysis, and provides recommendations to
meet the City of Kalispell traffic noise limit of 60 dBA at the Phase 1 lot lines.
Thank you for the opportunity to assist you. If you have any questions or comments regarding
the information presented in the report, please do not hesitate to call me at (406) 457-0407 or
email me at seangbigskyacoustics.com.
Sincerely,
/'�
Sean Connolly, INCE Bd. Cert.
BIG SKY ACOUSTICS
Attachment
PO Box 27 Helena, Montana 59624
406.457.0407 www.bigskyacoustics.com
Big Sky Acoustics
MOUNTAIN VIEW SUBDIVISION — PHASE 1
TRAFFIC NOISE CONTOUR ANALYSIS
1.0 INTRODUCTION
Big Sky Acoustics (BSA) completed a Traffic Noise Contour Analysis for Phase 1 of the proposed
Mountain View Subdivision located adjacent to the west side of Kalispell Bypass (KBP) and the
north side of Foys Lake Road. The City of Kalispell requires that noise from major arterial roads
not exceed 60 dBA at a subdivision lot line, and that subdivisions incorporate noise mitigation to
reduce traffic noise impacts (City of Kalispell 2011). Phase 1 of the Subdivision includes 107 lots
for planned two-story townhomes and single-family residences, with a maximum home height of
35 feet, and open park space areas (Figure 1, attached).
The KBP-Foys Lake Road Interchange was recently reconstructed and completed in August 2022
(MDT 2021a). Adjacent to the Subdivision, KBP generally consists of a bridge over Foys Lake
Road, two onramps, two offramps, four 12-foot travel lanes, a 10-foot center median (variable),
and 8-foot shoulders (variable), with a current speed limit of 60 miles per hour (mph). Two single -
lane roundabouts were constructed on Foys Lake Road at the KBP on/off ramp termini, and the
speed limit on the two-lane Foys Lake Road adjacent to the Subdivision is 50 mph.
This report summarizes the Traffic Noise Contour Analysis for Phase 1 of the Mountain View
Subdivision, including the calculated location of the 60 dBA traffic noise contour due to existing
and future traffic traveling on the KBP and Foys Lake roadways. This noise analysis was based on
the data listed in Section 6.0, including MDT's Road Plans and traffic data, and the planned
Phase 1 Mountain View Subdivision lot lines and surface grading digital files. A similar analysis
for Phase 2 of the Subdivision will be completed when surface grading topography is available.
2.0 TERMINOLOGY
Sound levels are quantified using units of decibels (dB). Sound levels can also be expressed as A -
weighted decibels (dBA). Humans typically have reduced hearing sensitivity at low frequencies
compared with their response at high frequencies, and the A -weighting of sound levels closely
correlates to the frequency response of normal human hearing. By utilizing A -weighted sound
levels in a study, a person's response to sound can be assessed. Decibels are logarithmic values,
and cannot be combined using normal algebraic addition. For example, the combined sound level
of two 50-dBA noise sources is 53 dBA, not 100 dBA.
Sound can be quantified using many different metrics and time periods. For environmental noise
studies, ambient sound levels and noise impact criteria are based on A -weighted equivalent sound
levels, Leq, during a certain time period. The equivalent sound level during a one -hour period is
represented as Leq(h) and is the metric used by the Federal Highway Administration (FHWA) and
MDT for traffic noise studies (MDT 2021b). The equivalent sound level is defined as the steady
state sound level that has the same acoustical energy as the actual, time -varying sound signal
Page I of 6
Mountain View Subdivision — Phase I Big Sky Acoustics
Traffic Noise Contour Analysis
during the same time period. The Leq(h) metric is useful for traffic noise studies because it uses a
single number to describe the constantly fluctuating ambient sound levels at a receptor location
during one hour of time. The sound levels used in this report refer to the Leq(h) metric.
3.0 ANALYSIS
3.1 Ambient Sound Level Measurement
BSA completed a sound level measurement on March 6, 2023 to determine the existing ambient
sound level in Phase 1 of the Mountain View Subdivision. The measurement was 30-minutes in
duration, and BSA doubled the traffic counted to determine the Leq(h) sound level (MDT 2021b).
The measurement location is depicted on Figure 1, and in the following photo, looking south at
the KBP-Foys Lake Road Interchange and the existing Phase 1 pre -construction berm.
BSA completed the measurement using a Larson Davis Model 831 Type I Sound Level Meter with
a preamplifier, a 0.5-inch diameter microphone and a windscreen over the microphone. The meter
was calibrated using a Larson Davis Model CAL200 Acoustical Calibrator prior to and checked
after the measurement. The sound level meter was set to "slow" response per FHWA requirements.
The meter was mounted on a tripod such that the microphone was approximately 5 feet above the
ground surface and on the berm on the east side of Phase 1. Atmospheric conditions were measured
using a Kestrel 3000 meter, with a field temperature of 32°F, 47% relative humidity, and calm to
light wind (3 mph) conditions. Table 3-1 summarizes the measured ambient Leq(h) sound level.
Page 2 of 6
Mountain View Subdivision — Phase I
Traffic Noise Contour Analysis
Table 3-1: Ambient Sound Level Measurement
Big Sky Acoustics
Distance and
Field
Phase 1
Direction from
Measured
Dominant
Meas.
Date and
Centerline of KBP
Leq(h)
Noise
Location
Time (hours)
Description
Southbound Lanes
(dBA)
Source
As shown on Figure 1, the northeast
corner of Phase 1, on top of the
3/6/23
1
existing earthen berm. Direct line of
240 feet west
66.7
KBP traffic
1400 to 1430
sight to KBP, west ramps and Foys
Lake Road.
3.2 Creating and Verifying the Traffic Noise Model
BSA predicted traffic noise levels at Phase 1 of the Mountain View Subdivision using the Cadna-A
software (2023) from Datakustik, which includes the algorithms of the FHWA-approved Traffic
Noise Model (TNM) software that predicts the noise due to moving vehicles. The ambient sound
level measurement taken by BSA (Table 3-1) was used to verify that the Cadna-A/TNM model
was accurate.
Cadna-A and TNM use a three-dimensional coordinate system (x, y, and z) to define the location
of the roadways, receptor locations and terrain elevations. The number and type of vehicles
traveling on KBP that were tallied during the measurement, the approximate speed of the traffic,
the location of the centerlines of the southbound driving lanes, the approximate ground elevation
between the measurement and KBP, and the measurement location were entered into the model.
BSA also used the Phase 1 grading topographic elevations and lot lines digital files (WGM 2023a
and 2023b), and MDT's Road Plans and traffic data (MDT 2023 and MDT 2021a) in the model.
Table 3-2 lists the traffic data BSA counted during the measurement, and used the data to compare
the measured sound level to the traffic noise levels predicted by the Cadna-A/TNM model at the
measurement location. The difference between the measured Leq(h) level and the level predicted
by the Cadna-A/TNM model was -1.2 dBA. A difference of +/- 3 dBA between measured and
predicted traffic noise levels indicates that the Cadna-A/TNM model is reasonably accurate and
acceptable for traffic noise level predictions. (MDT 2021b).
Table 3-2: Measured Ambient vs. Predicted Noise Levels
Distance and
Southbound
Northbound
Phase 1
Date and
Direction from
KBP Traffic
KBP Traffic
Field
Predicted
Meas.
Time
Centerline of KBP
Tallied during
Tallied during
Measured
Leq(h) by TNM
Location
(hours)
Southbound Lanes
Measurement'
Measurement'
Leq(h)
Model
3/6/23
Autos:400
Autos:372
1
240 feet west
MT: 12
MT: 36
66.7 dBA
65.5 dBA
1400 to 1430
HT: 14
HT: 14
Notes:
1 Traffic counts were doubled by BSA to determine the Leq(h) sound level.
Autos Automobiles — 2-axle, 4-wheel vehicles including pickup trucks (FHWA Vehicle Classes 1— 3)
MT Medium trucks — 2-axle, 6-wheel vehicles, plus automobiles pulling trailers (FHWA Vehicle Classes 4 — 5)
HT Heavy trucks — 3 or more axles (FHWA Vehicle Classes 6 —16)
Page 3 of 6
Mountain View Subdivision — Phase I
Traffic Noise Contour Analysis
3.3 Traffic Data Used for the Traffic Noise Predictions
Big Sky Acoustics
BSA calculated the traffic noise levels for the existing and future KBP and Foys Lake Road
conditions, and MDT provided Present Year (2023) and Design Year (2043) traffic data (MDT
2023). BSA assumed that traffic would be evenly divided between the roadway travel lanes in each
direction. Table 3-3 shows the traffic data BSA used for the traffic noise level predictions.
Table 3-3: Traffic Data Used for Noise Level Predictions
Roadway Section
Year
AADT
DHV
Autos
MT
HT
KBP north of Foys
Present Year 2023
19,950
2,033
0
97.5/
o
0.9/
a
2.0/
Design Year 2043
29,640
3,020
Lake Road
Foys Lake Road
Present Year 2023
5,450
556
o
a
0.2/
o
1.1/0
Design
Design Year 2043
6,660
680
west of KBP
Notes:
AADT Average Annual Daily Traffic
DHV Design Hourly Volume
Autos Automobiles — 2-axle, 4-wheel vehicles including pickup trucks (FHWA Vehicle Classes 1— 3)
MT Medium trucks-2-axle, 6-wheel vehicles, plus automobiles pulling trailers (FHWA Vehicle Classes 4-5)
HT Heavy trucks — 3 or more axles (FHWA Vehicle Classes 6 —16)
3.4 Results
The traffic noise contours in this report are based on a receptor height of 6 feet above the ground
level, to evaluate ground -level areas of exterior human use (e.g., patio), and second floor shielding
by a barrier at 15 feet (MDT 2021b). The predicted traffic noise contours for Phase 1 of the
Subdivision for the existing (Year 2023) and future conditions (Year 2043), without any noise
mitigation, are shown respectively on Figures 2 and 3 (attached). As shown, noise levels from
both existing and future traffic traveling on the KBP and Foys Lake Road are predicted to exceed
60 dBA at the majority of the first -row lots located directly adjacent to the roadways. Therefore,
BSA completed a barrier analysis to meet the City's Subdivision Regulations (City of Kalispell
2011).
4.0 RECOMMENDATIONS
4.1 Phase 1 Barrier
To meet the City's Highway Sound Mitigation requirement to reduce traffic noise to 60 dBA at
the Phase 1 Subdivision lot lines, BSA evaluated the construction of a traffic noise barrier wall on
top of the berm located behind all the first -row lots that are located adjacent to KSP and/or Foys
Lake Road. The City of Kalispell restricts the height of a barrier wall to 6.5 feet above grade (City
of Kalispell 2011), but the construction of the barrier on top of a berm increases the overall height
of the barrier.
Page 4 of 6
Mountain View Subdivision — Phase I Big Sky Acoustics
Traffic Noise Contour Analysis
To mitigate the traffic noise and meet the City's 60 dBA requirement, BSA recommends
constructing a barrier on top of the berm located behind the first -row lots, for a total height of 10
feet above the ground surface. The traffic noise contours associated with the recommended 10-foot
barrier (Year 2043 future conditions) are shown on Figure 4 (attached). The barrier/berm would
wrap around the first -row lot lines from the northeast end of Phase 1, proceeding southeast adjacent
to the KBP, and then east along Foys Lake Road, with openings at the two Subdivision entrance
and park locations. The 10-foot barrier/berm is predicted to reduce traffic noise levels to 54 dBA
at the residences, and 60 dBA along the Subdivision residential road at the two entrance/park
locations.
4.2 Barrier Design and Materials
Barriers are used for noise control by shielding a receptor location from a noise source, such as a
roadway. A barrier is most effective when it is continuous and solid, and blocks the direct line -of -
sight between the entire roadway and a receptor. Barriers can be constructed using built up dirt to
create a berm, using concrete, concrete block, other similar masonry materials, metal panels, or
thick wood to create a wall, or a combination of a berm with a wall on top, which is recommended
for Phase 1 of the Mountain View Subdivision.
Barriers need to be at least 4 pounds per square foot (psf) to be effective for noise control. Other
concerns such as structural integrity, wind loading, durability, etc., can increase the weight of the
materials used to construct a barrier. Therefore, to achieve the 10-foot total height, the Phase 1
barrier/berm needs to be designed by a licensed structural engineer to determine the appropriate
berm to barrier height ratio, design, footing, materials, etc.
Although it may be used for visual screening, vegetation, such as trees and shrubs, are not
considered effective barrier material since sound passes readily through vegetation. An earthen
berm typically has a large base for support and may also require additional land to accommodate
construction. To be effective, the barrier wall must be continuous and solid with no gaps, holes or
openings in it, including between the bottom edge of the barrier wall and the berm.
Barrier design guidelines are available in the FHWA Highway Noise Barrier Design Handbook,
February 2000. The Handbook includes information concerning various types of barriers,
materials, aesthetics, structural, drainage and safety considerations. Examples of barrier wall
materials recommended by BSA include the following:
Post -and -Panel Systems
• Noishiele Sound Barrier (www.iacacoustics.com)
• NoiseblockTM Barrier Wall System (www.kineticsnoise.com)
• SonaGuardo or LSE® Noise Barrier Wall System (www.soundfighter.com)
• SOUND ZEROTM or ULTRASCREENTM Sight & Sound Barriers (www.soundzero.com)
Concrete
• Glacier Precast Concrete in Kalispell, Montana (www. lg aciep2recast.com)
• StoneTree Concrete Fence Wall (www.aftec.com)
• Whisper Wall (www.whisper-wall.com)
Page 5 of 6
Mountain View Subdivision — Phase I Big Sky Acoustics
Traffic Noise Contour Analysis
Wood or Polyethylene
• Plywall® (www.plywall.com)
• SimTeV Fence by Certainteed (www.certainteed.com)
5.0 CONCLUSION
A traffic noise contour analysis was completed by for Phase 1 of the Mountain View Subdivision.
BSA completed a noise level measurement and traffic counts, and developed a Cadna-A/TNM
model for the project. Traffic noise levels of both existing and future traffic traveling on either
KBP or Foys Lake Road are predicted to exceed 60 dBA at the majority of the first -row lots located
directly adjacent to the roadways (Figure 4). To mitigate the traffic noise and meet the City's 60
dBA requirement, BSA recommends constructing a barrier on top of the berm located behind the
first -row lots, for a total height of 10 feet above the ground surface (Section 4.2). A similar analysis
for Phase 2 of the Subdivision will be completed when surface grading topography is available.
6.0 REFERENCES
City of Kalispell. 2011. Ordinance No. 1707, Subdivision Regulations. 28.3.09 Highway Sound
Mitigation. December 19.
Montana Department of Transportation (MDT). 2023. Email communication with Peder Jerstad,
transmitting traffic data and projections for KBP north of Foys Lake Road and Foys Lake Road
west of KBP. March 7.
Montana Department of Transportation (MDT). 2021a. KBP-Foys Lake Road Interchange Road
Plans. NH 15(132), UPN 2038022. January 22.
Montana Department of Transportation (MDT). 2021b. Traffic Nosie Analysis and Abatement
Policy. August 4.
WGM Group. 2023a. Email communication with Julian Nizzoli, transmitting file 200917 -
surfaces out to BSA-2-28-2023.dwg. February 28.
WGM Group. 2023b. Email communication with Mike Brodie, transmitting 200917 - surfaces out
to BSA- 7-1-22. dwg and Duplex and Townhome Street Loaded RS.pdf. February 24.
7.0 STANDARD OF CARE
To complete this report, BSA has endeavored to perform its services consistent with the
professional skill and care ordinarily provided by acoustical consultants practicing in similar
markets and under similar project conditions. BSA is fully experienced and properly qualified to
perform acoustical consulting services. However, BSA makes no warranty, either expressed or
implied, as to the professional services it has rendered to complete this report. For the completion
of this report, BSA has used data provided by WGM Group and MDT in performing its services
and is entitled to rely upon the accuracy and completeness thereof. Therefore, if the data used to
create this report change, then the noise analysis and the recommended noise control measures will
need to be reevaluated.
Page 6 of 6
EM
m�w `
'k
r `4
\koAsPe\\ 6`Jp0,
9
9
..................
CN
W
0
M
W
O
--
M�=
CD
N d x
L 4�•oco
U)
U - •_
s
>
J = V
U)0N
's m
EM
e
Bypass
Ka\\sPe\\
op
or
.. .. .. .. .. .. .. .. ..
-1 E
L
0
Q
0
y-►
0
W
0
LL
Agency Use
Permit No.: MTRI10166
WATER
PROTECTION
Date Rec'd
Rec' d
IFAmount
Montana Department BUREAU
k N
Checko.
Rec'd By
of Environmental Quality
Date Gen'd 05/04/2023
App. Doc. Version No.: 5
Application: Notice of Intent
FORM
Storm Water Discharges Associated with Construction Activity
NOI-SWC
General Permit
MTRI00000
The NOI form is to be completed by the owner or operator of construction activity eligible for coverage under
the Department's General Permit for Storm Water Discharges Associated with Construction Activities. You must
print or type legibly; forms that are not legible or are not complete or are unsigned will be returned. You must
maintain a copy of the completed NOI form for your records.
PLEASE READ THE ATTACHED INSTRUCTIONS BEFORE COMPLETING THIS FORM
Section A - NOI Status (Check one):
0 New No prior NOI submitted for this site.
❑ Renewal Permit Number:
0 Resubmittal/Administrative Processing
NOI Fee: $0.00
Section B - Facility or Site Information (See instruction sheet):
Site Name: Mountain View Subdivision
Site physical address (or directions to the site): 869 Foys Lake Road
City, State, Zip: Kalispell, MT, 59901
County: Flathead
Township, Range, Section: 28N 22W 13SN
Latitude: 48.1868779 Longitude:-114.337893
Is this facility or site located in Indian country per 40 CFR § 122.2? No
Section C - Applicant (Owner/Operator) Information
Name of Owner/Operator(Legal Name of Organization): SANDRY CONSTRUCTION CO INC
Mailing Address: PO BOX 507
City: BIG FORK State: MT Zip: 59911
Phone: 406-752-2419
Email: mitch@sandryconstruction.com
5/4/2023
L OT 16
Applicant Type: Operator
Status of Applicant: Privately Owned Facility
Facility / Site Contact:
Facility Contact: MITCHELL HILL
Title: Owner
Company Name: SANDRY CONSTRUCTION CO INC
Mailing Address: PO BOX 507
City: BIG FORK State: MT Zip: 59911
Telephone: 406-752-2419 Email: mitch@sandryconstruction.com
Section D - Other Applicable Permits, Certifications and Approvals
MPDES Permit: No 404 Permit (dredge & fill): No
UIC #: MGWPCS #: No
Plat Approval EQ #: Other: No
Municipal Separate Storm Sewer System (MS4):
1. Is the construction project located within a regulated Municipal Separate Storm Sewer System (MS4)?
Yes
2. The applicant must contact the MS4 (and provide contact information below) to determine:
a) If the MS4 requires SWPP submission, and
b) If the MS4 has additional requirements including local sediment and erosion controls.
Name of MS4: CITY OF KALISPELL
MS4 Contact Name: Gina Hodges Contact Date: 02-May-2023
Submit the SWPPP to the MS4 if required. Any additional MS4 requirements must be incorporated into the
SWPPP.
Sage Grouse Habitat:
Is the construction project located in designated sage grouse habitat (general habitat, core area, or connectivity
area) per the Montana Sage Grouse Habitat Conservation Program website? No
Yes: Submit application to the Program and attach resulting consultation letter.
No: Project is not located in a designated habitat.
Section E - Classification Codes
Provide at least one SIC and one NAICS code which best reflect the type of construction work at the site.
SIC Code
Description
1611
Highway And Street Construction
NAICS Code
Description
237210
Land Subdivision
Section F - SWPPP Preparer and Administrator(s)
SWPPP Preparer:
Name MITCHELL HILL Title: Owner Position Title Owner
Mailing Address PO BOX 507
5/4/2023
City BIG FORK State MT Zip 59911
Telephone 406-752-2419 Email mitch@sandryconstruction.com
Company SANDRY CONSTRUCTION CO INC
Training Course Altitude- BMP 201R-SWPPP Preparer and Administrator ReCertification Date
Completed 24-Jan-2020
SWPPP Administrator:
Name MITCHELL HILL Title: Owner Position Title Owner
Mailing Address PO BOX 507
City BIG FORK State MT Zip 59911
Telephone 406-752-2419 Email mitch@sandryconstruction.com
Company SANDRY CONSTRUCTION CO INC
Training Course Altitude- BMP 201R-SWPPP Preparer and Administrator ReCertification Date
Completed 24-Jan-2020
Section G — Dulv Authorized Representative
The signatory of this NOI may identify a duly authorized representative(s) who can sign documents related to the
permit authorization including the SWPPP and inspection reports. Even if a duly authorized representative is
designated, only the signatory authority may sign the NOI, PTN, or NOT.
The signatory
o designates the individual(s) listed as a duly authorized representative(s); and
o certifies that the individual(s) has the responsibility for the overall operation of the regulated facility or
activity such as the position of plant manager, operator of a well or a well field, superintendent, position
of equivalent responsibility, or an individual or position having overall responsibility for environmental
matters for the company (per ARM 17.30.1323)
For additional duly authorized representatives, please submit Attachment A.
Section H - Receiving Surface Water(s)
For each outfall, list latitude and longitude in the decimal degrees (00.0000;-000.0000), the name of the
receiving water, and indicate whether the waterbody is impaired. This information can be obtained from DEQ's
Clean Water Act Information Center website. Attach a separate sheet for additional outfalls. See instructions for
more information
This section must be completed, and N/A is not allowed.
Outfall
Latitude
Longitude
Receiving Surface Waters
Impaired
Receiving Water
001
48.1924122
-114.340553
ASHLEY CREEK
Yes
Waterbodies with Impairments (skip this section if no receiving waters are impaired)
1. Are any of the impaired waterbodies impaired for potential pollutants from construction activities?
(Typical pollutants from construction activities include sediment, suspended solids and turbidity,
and any secondary sources of pollutants based on materials and support activities.)
Yes
If Yes Continue with next question If No Go to Section J
2. Has the SWPPP been updated to include BMPs that target and reduce discharges of the identified
pollutants causing impairment of the waterbodies and any applicable TMDL requirements? Yes
Section I — Project Summary
1. Total Site Area 30.000 acres Construction -Related Disturbance Area 10.000 acres
(Total site area cannot be greater than disturbance area)
2. Estimated Project Start Date 15-May-2023 Estimated Project Completion Date 06-Oct-2023
5/4/2023
Qy�
3. Estimated Project Final Stabilization Date 30-Nov-2023
4. What type of construction project is this? Commercial
5. Is this project part of a larger common plan of development or sale (larger common plan)? Yes
6. Is this project part of a larger common plan that currently has authorization under the General Permit? No
If Yes Provide permit number: MTRI
7. Is this a linear project? No
8. Briefly describe the nature of the construction activity or project.
Construction of a new subdivision
9. Provide a summary of Best Management Practices (BMPs) listed in the SWPPP.
Vegetative Berms, Vegetative Buffer,
Supplemental Information
Section M — Certification
This form must be signed by an individual with signatory authority per ARM 17.30.1323.
A signatory authority is defined as:
• For a corporation, a responsible corporate officer. A responsible corporate officer means:
o A president, secretary, treasurer, or vice-president of the corporation in charge of a principal business
function, or any other person who performs similar policy- or decision -making functions for the corporation;
or
o The manager of one or more manufacturing, production, or operating facilities employing more than 250
persons or having gross annual sales or expenditures exceeding $25 million (in second-quarter 1980
dollars), if authority to sign documents has been assigned or delegated to the manager in accordance with
corporate procedures.
• For a partnership or sole proprietorship, a general partner or the proprietor, respectively.
• For a municipality, state, federal, or other public agency, either a principal executive officer or ranking elected
official. A principal executive officer of a federal agency includes:
o The chief executive officer of the agency; or
o A senior executive officer having responsibility for the overall operations of a principal geographic unit
of the agency
Any Person Signing this Document Must Complete the Following Certification:
I certify under penalty of law that this document and all attachments were prepared under my direction or
supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate
the information submitted. Based on my inquiry of the persons who manage the system, or those persons directly
responsible for gathering the information, the information submitted is, to the best of my knowledge and belief,
true, accurate, and complete. I am aware that there are significant penalties for submitting false information;
including the possibility of fine and imprisonment for knowing violations. [75-5-633, MCA]
A. Name (Type or Print)
MITCHELL HILL
B. Title (Type or Print)
Owner
C. Phone No.
406-752-2419
D. Signature
Digitally Signed - CROMERR Compliant
E. Date Signed
May 04, 2023
The Department will not process this form until all of the requested information is supplied, and the appropriate
fees are paid. Return this form and the applicable fee to:
Department of Environmental Quality
5/4/2023
Page 5 of 18
Water Protection Bureau
PO BOX 200901
Helena, MT 59620-0901
406 444-5546
5/4/2023
Page 6 of 18
AGENCY USE ONLY
WATER
DF: (
Permit No.:MTRI10166
Date Received:
PROTECTION
Amount Received:
Montana Department BUREAU
Check No.:
of Environmental QuaPitf
Received By:
FORM
Storm Water Pollution Prevention Plan (SWPPP) Form
SWPPP
Storm Water Discharge Associated with Construction Activity
MTR100000
READ THIS BEFORE COMPLETING THE FORM
The Form SWPPP is intended to assist permittees in developing a SWPPP which complies with Part 3 of the
General Permit for Storm Water Discharges Associated with Construction Activity (General Permit). References
to `Part' in this document refer to parts of the General Permit. It is the permittee's responsibility to ensure all
required items in the General Permit are adequately addressed and that the SWPPP is properly developed,
implemented, and maintained. Additional information may be needed to supplement the Form SWPPP.
Section A — Status (Choose one)
0 New No prior Application submitted for this site
❑ Renewal Permit Number: MTR110166
❑ Modification
0 Resubmittal/Admin. Processing
Section B — Facility or Site Information
Site Name: Mountain View Subdivision
Site Physical Address (or directions to the site): 869 Foys Lake Road
Nearest City or Town: Kalispell Zip Code: 59901 County: Flathead
Section C - Applicant (Owner/Operator) Information
Name of Owner/Operator (Legal Name of Organization): SANDRY CONSTRUCTION CO INC
Mailing Address: PO BOX 507
City, State, and Zip Code: BIG FORK MT 59911
Phone Number: 406-752-2419 Email: mitch@sandryconstruction.com
Section D - SWPPP Preparer and Administrator(Part 3.2)
SWPPP Preparer:
Name MITCHELL HILL Title: Owner Position Title Owner
Mailing Address PO BOX 507
5/4/2023
City BIG FORK
Telephone 406-752-2419
State MT Zip 59911
Email mitch@sandryconstruction.com
Company SANDRY CONSTRUCTION CO INC
Training Course Altitude- BMP 201R-SWPPP Preparer and Administrator ReCertification Date
Completed 24-Jan-2020
Section D — SWPPP Preparer and Administrator (Continued)
SWPPP Administrator:
Name MITCHELL HILL Title: Owner
Mailing Address PO BOX 507
City BIG FORK
Telephone 406-752-2419
State MT
Position Title Owner
Zip 59911
Email mitch@sandryconstruction.com
Company SANDRY CONSTRUCTION CO INC
Training Course Altitude- BMP 201R-SWPPP Preparer and Administrator ReCertification Date
Completed 24-Jan-2020
For additional SWPPP Administrators please submit Attachment
Section E — Site Description (Part 3.3)
1. Describe the nature of the construction activity and what is being constructed:
Construction of a new subdivision
2. Describe all support activities (and their associated storm water discharges) dedicated to the construction
activity including but not limited to: • material borrow areas a material fill areas a access roads/corridors
• concrete or asphalt batch plants a material storage areas, and a material crushing/recycling /processing
areas: Single Access with tracking pad.
3. Provide estimates of the total area of the site and the area of the site expected to undergo construction -related
disturbance including support activities and the total area of a larger common plan of development or sale.
Disturbance area cannot be greater than total site area.
Total Site Area 30.000 acres Construction -Related Disturbance Area 10.000 acres
4. Describe the character and erodibility of soil(s) and other earth material to be disturbed at the site, including
cut/fill material to be used: Mild erodibility
5/4/2023
Section E — Site Description (continued)
5. Briefly describe existing vegetation at the site and an estimate of the percent density of vegetative ground
cover:
Existing site is 50% vegetated
Percent Density of Existing Vegetation: 50.00 %
6. Is the area of construction -related disturbance (as listed in 3, above) equal or greater to five acres?
Yes Complete a and b No Go to 7
a. Provide an estimate of the runoff coefficient of the site, both before and after construction, and the
source of information:
Runoff coefficient before construction 0.30 Runoff coefficient after construction 0.60
Information Source: Runoff Coefficient Fact Sheet
b. Provide an estimate of the increase in impervious area after the construction activity is completed.
Percent increase in impervious area 50.00 %
7.Outfall Table
For each outfall, list latitude and longitude in the decimal degrees (00.0000;-000.0000), the name of the
receiving water, and indicate if the water body is impaired. This information should match the NOI. Also
indicate whether outfall discharges to a municipal storm sewer system (MS4), the drainage area associated
with the outfall, and the type of flow. Attach a separate sheet for additional outfalls. Definitions of terms are
provided below:
•Outfall— a discrete channel, conveyance, structure, or flow path from which storm water discharge
leaves the boundary of the facility or site.
•Sheet flow— runoff which flows over the ground as a thin, even layer, not concentrated in a channel.
•Concentrated flow— runoff confined to a channel with greater velocity and flow depth than sheet flow.
Outfall
Latitude
Longitude
Receiving Surface
Impaired
Discharge
Drainage
Type of Flow
Waters
Receiving
to MS4
Area
Water
001
48.1924122
-114.340553
ASHLEY CREEK
Yes
Yes
Sheet
5/4/2023
y OT 1b
Section F — Potential Pollutant Sources (Part 3.4)
1. Select the pollutant sources expected to be present at the construction project
Soils
❑ Areas of Shallow Grade (3:1 or less)
❑ Areas of Steep Grade (3:1 or greater)
❑ Slopes
❑ Ditch
0 Stockpiles
❑ Contaminated Soils
0 Import and Export Operations
Z Entrance / Exit Locations
❑ Other
Materials
❑ Loading and Unloading Operations
❑ Storage of building materials
❑ Storage of chemicals
Z Portable Toilets
❑ Concrete Batch Plant
❑ Asphalt Batch Plant
Z Worker Trash
❑ Demolition Materials / Debris
❑ Other
Activities
Z Concrete Truck Washout
❑ Masonry - Stone / Brick / Concrete
❑ Spray / Wand Applications
❑ Finish Work — Dry wall / Painting
❑ Equipment Washing
❑ Washing of Buildings
❑ Maintenance of Equipment
Z Refueling Operations
❑ Application of herbicides, pesticides, fertilizers
❑ Application of solvents or detergents
❑ Construction Dewatering
❑ Other
2. Additional Pollutant Sources
List any additional pollutant sources likely to be present at the construction project:
5/4/2023
10 of 18
3. Non -Storm Water Discharges
Select the types of allowable non -storm water discharges likely to be present at the construction project.
Type of Allowable Non -Storm Water Discharge
Present at Construction Project
Irrigation Drainage
No
Landscape Watering
No
Pavement Wash Waters
No
Routine Building Wash Down
No
Uncontaminated spring or ground water
No
Water used for dust control
Yes
Emergency fire -fighting activities
No
Foundation or footing drains
No
Incidental windblown mist from cooling towers
No
Uncontaminated condensate from air conditioners, coolers, or other
compressors
No
Other (list)
No
5/4/2023
Section G — Selection of Best Management Practices (BMPs) (Part 3.5)
1. Select the BMPs to be used during the construction project.
All selected BMPs are required to have a specification provided in the SWPPP. The specifications are
required to be maintained by the SWPPP Administrator(s) on -site and provided upon request
Erosion Control BMPs
Z Surface Roughening
❑ Diversion Ditches
❑ Velocity Checks / Check Dams
❑ Preservation of Existing Vegetation
❑ Minimizing Ground Disturbance
❑ Mulch — Straw / Compost
❑ Tackifiers / Soil Binders
❑ Temporary Seeding
❑ Erosion Control Blankets
❑ Rough Cut Street Controls / Water Bars
❑ Channel Liner
❑ Stream Crossing
❑ Terracing
❑ Culvert
❑ Outfall / Outlet Protection (Rip Rap)
❑ Other
Run On / Runoff Control BMPs
❑ Temporary Slope Drain
❑ Rock Run Down
❑ Clean Water Diversion
Z Drainage Swales
❑ Other
5/4/2023
IGOT1b
Sediment Control BMPs
❑ Silt Fence
❑ Straw Wattles
❑ Rock Wattles / Rock Socks
❑ Curb Socks
❑ Straw Bales
0 Earthen Berms
0 Vegetative Buffers
❑ Drainage Ditch / Ditch Berm
❑ Gravel Pack
❑ Tarps/ Plastic/ Visqueen
❑ Compost Socks
❑ Brush Barrier
❑ Sandbag Barrier
Z Inlet Protection
Z Vehicle Tracking Control Pad
❑ Stabilized Vehicle Entrance
❑ Stabilized Parking Area
❑ Stabilized Construction Roadway
Z Street Sweeping
❑ Sediment Trap
❑ Sediment Basin
❑ Other
Administrative Control BMPs
❑ Concrete and Liquid Waste Washouts
Z Worker Toilets
❑ Construction Fencing
Z Dust Control
❑ Dumpsters / Waste Receptacles
❑ Stabilized Staging Area
❑ Material Storage and Stockpile Area
❑ Paving and Painting Controls
❑ Saw Cutting and Grinding Controls
❑ Spill Prevention and Response Procedures/ Secondary Containment
❑ Traffic Control
❑ Back Charging / Penalties
❑ Other
5/4/2023
Page 13 of 18
Post Construction BMPs
❑ Detention Pond(s)
❑ Retention Pond(s)
❑ Drainage Swales
❑ Infiltration System(s)
❑ Dry Well(s)
❑ Other
2. Additional BMPs
List any additional BMPs likely to be used at the construction project: none
3. BMP Specifications
Provide the source (e.g. website link, name of manual) of specifications for each BMP selected (excluding
those with an *). Specifications may include design, installation, implementation, and maintenance
procedures and may or may not contain a drawing: Montana DEQ Stormwater Management During
Construction Field Guide for BMPs
Per Part 3. S, specifications need to be maintained on -site, but do not need to be submitted with the SWPPP.
Section H — Water Quality Controls for Discharges to Impaired Water Bodies (Part 2.2)
1. Are any of the waterbodies impaired for potential pollutants from construction activities associated
this project? (Typical pollutants from construction activities include sediment, suspended solids and
turbidity, and any secondary sources of pollutants based on materials and support activities.) Yes
Yes Continue with next question. No Go to Section I
2. Describe BMPs that will target and reduce discharges of the identified pollutants of impairment
expected present based on the construction activities specific to this project. Include any applicable
TMDL condition, goal, requirement, implementation intent, or specific controls or requirements as directed
by DEQ.
Tracking pad, earthen berms, seeding, witches hats
Section I — Municipal Separate Storm Sewer Systems (MS4s)
1. Is this construction project located within a MS4? Yes
Yes Continue to next question No Go to Section J
2. Describe the MS4's local erosion and sediment control requirements.
Same as state DEQ. SWPPP over 1 acre
3. Have you updated the SWPPP to include all additional requirements specific to your MS4? Yes
Section J — Dewatering Activities (Part 3.6)
1. Will there be any dewatering activity (including surface water, ground water, or accumulated storm water)
associated with the constructionproject? No
5/4/2023
Yes Continue with next question No Go to Section K
2. Describe dewatering activities associated with the construction project.
3. Identify BMPs used to control dewatering activities.
4. Will dewatering discharge reach or have the potential to reach state waters?
If yes, separate authorization under the Construction Dewatering General Permit is required.
Construction Dewatering General Permit authorization number: MTG07
0
� � w
w o
ZZ
cq
O �
U •�
¢ cd
mow°zj❑
❑
❑
❑
❑
❑
❑
❑
❑
❑
toll
O C
U
Qo�
ai ^' �
Cyr •�
� bA •ti
G� e�
� '� �
� �
❑7
❑7
❑7
❑
❑7
❑7
❑7
❑7
❑7
❑7
U rA
U U
a Pn
U �
cd
O
Q cd bA
•~■ rrA
40 In
CA
n
o3
U
03
CA
A-
Q
c 13 ^C3
a03
O
H
�O ¢ n
U
a
cd�
Section K— Major Construction Activity and BMP Phasing (continued)
List the major construction activities identified in the table above and provide an estimated timeframe for each
major construction activity. For each major construction activity, identify the construction related tasks that will
occur during the proposed major construction activity.
Section L — Final Stabilization (Part 3.8)
Identify the BMPs that will be used to achieve final stabilization. In the description, include seed mix selection
and application methods, soil preparation and amendments, soil stabilization practices, and any temporary BMPs.
Site will be hydroseeded with tackfier, slopes will be roughened, witches hats in catch basins
Section M— Post -Construction Storm Water Management (Part 3.9)
Identify BMPs that will be used to control storm water discharges that will occur after the major construction
activities are complete. Include a description of applicable local requirements.
Witches hats
Section N — Site Map (Part 3.10)
Develop SWPPP site maps and plans and submit them with the SWPPP. The site maps must be legible, of
sufficient size and scale, and include all of the requirements in Part 3.10 of the General Permit. Multiple site
maps or plans are highly encouraged.
Section O — Inspection and BMP Maintenance Procedures (Part 3.11)
1. Select the self -inspection schedule for the construction project:
❑ Once every 7 calendar days
0 Once every 14 calendar days, and a post -storm event inspection within 24 hours of the end of a
rainfall event of 0.25 inches or greater, and/or within 24 hours of runoff from snowmelt.
2. How will rainfall amount be determined?
❑ Rain gage on site
0 Weather service (list source) Wunderground
3. Describe the inspection and maintenance procedures that will be used to maintain all erosion, sediment
control, and other BMPs in good and effective operating condition. BMPs will be maintained frequently to
ensure they are functioning properly
4. How will updates and revisions to the SWPPP be documented? (Part 3.12)
❑ Form SWPPP and SWPPP site maps
* Inspection records and SWPPP site maps
❑ Site log and SWPPP site maps
5. Will any post construction BMPs be used during major construction activities? Yes
Yes Continue with next question No Go to Section P
6. Explain how post construction BMPs will be maintained and transitioned from active construction to post
construction.
Retention Ponds
5/4/2023
Section P — Supplemental Information
Use this space to identify additional information that is to be included in the SWPPP.
Section Q - Certification
This form must be signed by an individual with signatory authority or a duly authorized representative of the
signatory (designated in the NOI or Attachment A) per ARM 17.30.1323,
A signatory authority is defined as:
• For a corporation, a responsible corporate officer. A responsible corporate officer means:
o A president, secretary, treasurer, or vice-president of the corporation in charge of a principal business
function, or any other person who performs similar policy- or decision -making functions for the
corporation; or
o The manager of one or more manufacturing, production, or operating facilities employing more than
250 persons or having gross annual sales or expenditures exceeding $25 million (in second-quarter
1980 dollars), if authority to sign documents has been assigned or delegated to the manager in
accordance with corporate procedures.
• For a partnership or sole proprietorship, a general partner or the proprietor, respectively.
• For a municipality, state, federal, or other public agency, either a principal executive officer or ranking
elected official. A principal executive officer of a federal agency includes:
o The chief executive officer of the agency; or
o A senior executive officer having responsibility for the overall operations of a principal geographic
unit of the agency
A person is a duly authorized representative if:
• Authorization is made in writing by an individual with signatory authority;
o The authorization specifies either an individual or a position having responsibility for the overall
operation of the regulated facility or activity such as the position of plant manager, operator of a well
or a well field, superintendent, position of equivalent responsibility, or an individual or position
having overall responsibility for environmental matters for the company (A duly authorized
representative may be either a named individual or any individual occupying a named position.)
• The written authorization is submitted to the department.
Any Person Signing this Document Must Complete the Following Certification:
I certify under penalty of law that this document and all attachments were prepared under my direction or
supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate
the information submitted. Based on my inquiry of the persons who manage the system, or those persons
directly responsible for gathering the information, the information submitted is, to the best of my knowledge and
belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false
information; including the possibility of fine and imprisonment for knowing violations. [75-5-633, MCA]
A. Name (Type or Print)
MITCHELL HILL
B. Title (Type or Print)
C. Phone No.
Owner
406-752-2419
D. Signature
E. Date Signed
Digitally Signed - CROMERR Compliant
May 04, 2023
5/4/2023
The Department will not process this form until all of the requested information is supplied, and the appropriate fees
are paid. Applications may be submitted via DEQ's online permitting system FACTS or mailed to the following address:
Montana Department of Environmental Quality
Water Protection Bureau
PO Box 200901
Helena, MT 59620-0901
(406) 444-5546
if
CITYOF
KALISPELL
May 11, 2023
Sandry Construction
200 Basin View Road
Bigfork, MT 59911
Permit Number: SW23-0042
Date Submitted: 5/4/23
Re: Approval letter for City Construction Stormwater Permit Number SW23-0042 for project site: FOYS LAKE
RD - Mountain View Subdivision
Dear Permittee:
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 Constuction 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
Please review and follow the City Stormwater Ordinance 1831 (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 406-758-7720 or email publicworks@kalispell.com.
Sincerely,
Gina Hodges
Environmental Coordinator
Public Works Department
City of Kalispell
201 1st Ave E Phone (406)758-7720
PO Box 1997 Public Works Department Fax (406)758-7831
Kalispell, MT 59903 www.kalispell.com
Form 608 Revised 10/2021
File in WRIt
DNRC WATER RIGHT
OWNERSHIP UPDATE
This form is for DNRC record keeping purposes only
as required by § 85-2-101(2), MCA.
The deed is the legal document transferring the
water right.
Use a new form for each deed transaction.
Mail the completed form and fee to your local water
resources office at the address on the next page.
Filing Fee
$50.00 for 1 water right and $10.00 for each
FOR DEPARTMENT USE ONLY
Rec'd By
Fee Rec'd $
Payor _
Refund $ _
Deposit Receipt # _
Coder RO#
Check No.
QUID#
Date
additional right up to a maximum of zliouU 0.
For complete information, see file:
*Make checks payable to DNRC*
1. SELLER (Grantor) Bison Hill LLC Attn: Gary Schnell
MAILING ADDRESS 970 W. Broadway, Box 30,000, Suite-E, #446,
CITY Jackson STATE WY ZIP 83001-6402
PHONE EMAIL gschnell@tetonlanddevelopment.com
2. BUYER (Grantee)
MAILING ADDRESS
CITY
PHONE
City of Kalispell Attn: Susie Turner
201 1 st Avenue East
Kalispell
406-758-7720
3. CLOSING I CONTACT INFORMATION
DATE OF CLOSING: N/A
NAME ADDRESS
STATE "
EMAIL sturner@kalispell.com
If applicable, provide your file number:
ZIP 59901
_ PHONE #
4. ATTACH A COPY OF RECORDED DEED(S) OR OTHER DOCUMENT(S) OF CONVEYANCE SHOWING TRANSFER OF THE
PROPERTY I WATER RIGHTS FROM THE DNRC RECORD OWNER TO THE CURRENT OWNER. If full chain of conveyance
from DNRC record owner to the current I new owner is not attached, the form cannot be processed.
5. LIST ALL WATER RIGHTS THAT REQUIRE UPDATED OWNERSHIP. Attach a list if additional space is needed.
"If the buyer did not receive 100% of the seller's interest in the water rights, do not use this form. File Form 641.
County
Geocode of Property being
Transferred
Water Right Number
Flathead
07396513111030000
76LJ 39788-00
Flathead
07396513111030000
76LJ 103288-00
76LJ 103289-00
76LJ103290-00
Flathead
07396513111030000
Flathead
07396513111030000
DNRC OWNERSHIP UPDATE INFORMATION
IMPORTANT INFORMATION
If you do not attach copies of the full recorded chain of conveyance from the DNRC record owner to the new /
current property / water right owner, DNRC cannot process the form. Example: Owner A files a water right and
sells property to owner B but does not update the ownership of the water right. Owner B sells property to owner
C who finds and attempts to update ownership of the water right. DNRC needs recorded conveyance
documents from A to B and B to C because A is still listed in DNRC records.
Do not file this form if only a portion of the seller's interest of the water right is being transferred. Complete and
file Form 641 DNRC Ownership Update Divided Interest.
Do not file this form if you are severing a water right. Complete and file Form 642 DNRC Ownership Update
Exempt (Reserved) / Severed Water Right.
• Do not file this form if your only use of water is from an irrigation district, municipal system, water users'
association, or other public water supply.
If the sale is on a Contract for Deed, the seller will remain listed as a co-owner of the water right until the
contract is satisfied.
IF YOU HAVE QUESTIONS, CONTACT YOUR LOCAL WATER RESOURCES REGIONAL OFFICE.
BILLINGS
Airport Business Park
1371 Rimtop Dr.
Billings, MT 59105
406-247-4415
Big Horn, Carbon, Carter, Custer, Fallon, Powder
River, Prairie, Rosebud, Stillwater, Sweet Grass,
Treasure, & Yellowstone Counties
BOZEMAN
2273 Boot Hill Court, Suite 110
Bozeman, MT 59715
406-586-3136
Gallatin, Madison, & Park Counties
GLASGOW
222 Sixth St. South; PO Box 1269
Glasgow, MT 59230
406-228-2561
Daniels, Dawson, Garfield, McCone, Phillips,
Richland, Roosevelt, Sheridan, Valley, & Wibaux
Counties
HELENA
1424 9th Ave
PO Box 201601
Helena, MT 59620
406-444-6999
Beaverhead, Broadwater, Deer Lodge, Jefferson,
Lewis & Clark, Powell, & Silver Bow Counties
KALISPELL
655 Timberwolf Parkway, Suite 4
Kalispell, MT 59901-1215
406-752-2288
Flathead, Lake, Lincoln, & Sanders Counties
LEWISTOWN
613 NE Main, Suite E
Lewistown, MT 59457
406-538-7459
Cascade, Fergus, Golden Valley, Judith Basin,
Meagher, Musselshell, Petroleum, & Wheatland
Counties
HAVRE MISSOULA
210 6th Ave.; PO Box 1828 2705 Spurgin Rd, Bldg C
Havre, MT 59501 PO Box 5004
406-265-5516 Missoula, MT 59806
Blaine, Chouteau, Glacier, Hill, Liberty, Pondera, 406-721-4284
Teton, & Toole Counties Granite, Mineral, Missoula, & Ravalli Counties
littp://www.dnrc.iiit.gov/divisions/water
After recording, return to:
Johnna Preble, City Attorney
City of Kalispell
201 First Avenue East
Kalispell, MT 59901
QUITCLAIM DEED TRANSFERRING PROPORTIONATE INTEREST IN
WATER RIGHTS
FOR VALUABLE CONSIDERATION, the receipt of which is acknowledged, the
undersigned, Bison Hill LLC, whose mailing address is 970 W Broadway STE 446, Jackson,
WY, 83001-6402, as Grantor, hereby grants to The City of Kalispell, whose mailing address is
201 First Avenue East, Kalispell, MT 59901, as Grantee, the following described water rights
attached to Tract 9 of Certificate of Survey 19234, located in the South 1/2 of Section 13 T.28
N., R. 22 W., P.M.,M. City of Kalispell, Flathead County, Montana
Those certain water rights described as:
1. The interest held by Bison Hill LLC in the State of Montana Department of Natural
Resources Statement of Claim 76LJ 39788-00, specific to the property contained in the
Mountain View PUD set forth in City of Kalispell Ordinance 1862, said property being
the 138.94 acres more particularly described as Tract 9 of COS 19234, located in the
South 1/2 of Section 13 T.28 N., R. 22 W., P.M.,M.
2. The interest held by Bison Hill LLC in the State of Montana Department of Natural
Resources Statement of Claim 76LJ 103288-00, specific to the property contained in the
Mountain View PUD set forth in City of Kalispell Ordinance 1862, said property being
the 138.94 acres more particularly described as Tract 9 of COS 19234, located in the
South 1/2 of Section 13 T.28 N., R. 22 W., P.M.,M.
3. The interest held by Bison Hill LLC in the State of Montana Department of Natural
Resources Statement of Claim 76LJ 103289-00, specific to the property contained in the
Mountain View PUD set forth in City of Kalispell Ordinance 1862, said property being
the 138.94 acres more particularly described as Tract 9 of COS 19234, located in the
South 1/2 of Section 13 T.28 N., R. 22 W., P.M.,M.
4. The interest held by Bison Hill LLC in the State of Montana Department of Natural
Resources Statement of Claim 76LJ 103290-00, specific to the property contained in the
Mountain View PUD set forth in City of Kalispell Ordinance 1862, said property being
the 138.94 acres more particularly described as Tract 9 of COS 19234, located in the
South 1/2 of Section 13 T.28 N., R. 22 W., P.M.,M.
The parties recognize that the Statements of Claim and Provisional Permit are subject to
the Montana Water Court Adjudication and there is no guarantee the acreage, flow rate, priority
date or other elements will remain the same as they appear on the current abstracts. Together
with all easements or other rights that may be appurtenant to or associated with the foregoing
water rights, to have and to hold unto the Grantee, and to the Grantee's successors and assigns,
forever.
DATED: :TA l,) 30.20
Z�
Bison Hill L
By
Thomas Garlock, Managing Member
STATE OF -T-4ALA-- )
SS:
County of�IgID )
This instrument �as acknowledged before me on ,20 by TM QG9 -1c y 1OC1=
WJ
Print Name:1_LLLL
Notary Public for the Stag
Residing at s
My Commission expires�1,7 ID , 20 Z(O
Alyssa Pangelinan
NOTARY PUBLIC
STATE OF NEVADA
Appt. No. 22-7750-01
My Appl- Expires: March 10, 2026
2
After recording return to:
William VanCanagan
Datsopoulos, MacDonald & Lind, P.C.
201 W. Main Street, Suite 201
Missoula, MT 59802
Phone: (406) 728-0810
DECLARATION OF COVENANTS, CONDITIONS,
RESTRICTIONS AND EASEMENTS FOR MOUNTAIN VIEW PUD
This Declaration of Covenants, Conditions, Restrictions and Easements for Mountain View
PUD (this "Declaration") is made this day of , 202 (the "Effective Date"), by
Bison Hill, LLC, a Wyoming limited liability company ("Declarant").
RECITALS
WHEREAS, Declarant is the developer of the project in Flathead County, Montana, known
as the Mountain View Planned Unit Development (PUD) and Subdivision (the "Project'); and
WHEREAS, Declarant is hereby submitting Phase 1 of the Project to this Declaration,
which is legally described as (the "Property"); and
WHEREAS, Declarant may develop and submit addition portions of the Project to this
Declaration in phases, whereupon they shall become part of the "Property" as defined herein; and
WHEREAS, Declarant wishes to provide a governance structure and a flexible system of
standards and procedures for the overall administration, maintenance and preservation of the
Property as a residential community; and
WHEREAS, Declarant desires to establish the Association to operate and maintain the
Common Elements and to administer and enforce the provisions of this Declaration; and
WHEREAS, Declarant desires to establish certain covenants, conditions, restrictions and
easements for the common benefit and enjoyment of the Owners from time to time in order to
promote, preserve and enhance the value and desirability of the Property and the aesthetic quality
of the improvements erected thereon and to facilitate the continuing care and maintenance thereof,
and in furtherance thereof, intends to submit the Property to the provisions of this Declaration;
NOW, THEREFORE, Declarant, as the owner of the Property, hereby declares that the
Property is hereby submitted to the following covenants, conditions, restrictions and easements,
which shall run with the land and bind and inure to the benefit of all Owners and any other Persons
from time to time having or acquiring any right, title or interest in the Property or any portion
thereof:
1. Incorporation. The foregoing recitals and all exhibits attached hereto are hereby
incorporated into this Declaration by reference as if fully set forth in this Section 1.
2. Definitions. Capitalized terms used in this Declaration shall have the following meanings:
a. "Additional Property" means any part of the Property not included in the Final
Plat for Mountain View Subdivision, Phase 1, which is submitted to this Declaration in
whole or in part subsequent to the Effective Date pursuant to Section 3 below.
b. "Appearance Review Committee" has the meaning given that term in Section 15
below.
C. "Assessments" means the annual assessments, special assessments and specific
assessments levied in accordance with this Declaration.
d. "Association" means the Mountain View PUD Association, Inc. and its successors
and assigns.
e. "Board" means the Board of Directors of the Association.
f. "Bylaws" means the Bylaws adopted by the Association, as the same may be
amended from time to time. To the extent the Association has not adopted Bylaws separate
from this Declaration, then the applicable provisions of this Declaration shall be deemed
to be the Bylaws of the Association. In no event shall any separate Bylaws adopted by the
Association be inconsistent or in conflict with the provisions of this Declaration.
g. "Common Elements" means all of the common areas designated on the Plat and
such other areas, elements, facilities and improvements designated as Common Elements
to be maintained by the Association pursuant to this Declaration.
h. "Common Expenses" means the actual and estimated expenses incurred, or
anticipated to be incurred, by the Association for the benefit of all Lots, including, but not
limited to, the expenses incurred or anticipated to be incurred in carrying out the rights and
responsibilities of the Association as set forth in Section 9.a below.
i. "Declarant" means Bison Hill, LLC and any successor or assign designated as such
by the preceding Declarant in writing.
j. "Declaration" means this Declaration, as it may be amended and supplemented
from time to time.
k. "Director" means an appointed or elected member of the Board of Directors.
2
Except for Directors appointed by Declarant, each Director shall be an Owner.
"Effective Date" has the meaning given to it in the preamble of this Declaration.
in. "Home" means any attached or detached single -dwelling residence or townhouse
and its appurtenant improvements constructed or to be constructed on the Property (a
primary single -dwelling residence and a so-called "accessory dwelling unit" located on the
same Lot shall be considered to be a single "Home" for purposes of this Declaration).
n. "Lot" means any lot within the Property designated on the Plat as intended for
development of a Home.
o. "Owner" means one or more Persons who hold record title to any Lot or an interest
as a purchaser under a contract for deed for any Lot. "Owner" shall not include a Person
holding an interest merely as security for the performance of an obligation, or a Person
who is a seller under a contract for deed for any Lot. Where this Declaration imposes
responsibility for conduct of an Owner and where otherwise appropriate given the context,
the term "Owner" shall include such Owner's occupants, tenants, guests, contractors,
invitees and licensees.
P. "Party Wall" means a wall, including the foundations thereof, constituting the
barrier and separation between any two attached Homes.
q. "Person" means a natural person, a corporation, a partnership, a trustee, or any
other legal entity.
"Plans and Specifications" has the meaning given that term in Section 15.b below.
S. "Plat" means the final Plat of Subdivision for Mountain View Subdivision Phase 1,
recorded in the public land records of Flathead County, as amended from time to time,
together with any final plat or plats of subdivision hereafter recorded in the public land
records of Flathead County for the Additional Property, or any part thereof, submitted by
Declarant to the provisions of this Declaration.
"Project" has the meaning given to it in the recitals.
U. "Property" means Mountain View PUD and Subdivision, Phase 1, and any
Additional Property.
V. "Turnover Date" has the meaning given that term in Section Ta below.
3. Subinissioji of Additional Property. This Declaration shall apply to that portion of the
Property depicted on the Plat, and to Additional Property to the extent the Additional Property is
submitted to the provisions of this Declaration. Declarant may, in its sole discretion and without
the further consent of the Board, the Association or the Owners, submit all or any part of the
Additional Property to this Declaration by duly executing and recording an amendment or
supplement to this Declaration in the public land records of Flathead County, whereupon such
Additional Property or portion thereof so submitted, including all Lots and Common Elements
therein, shall constitute part of the "Property" for all purposes of this Declaration.
4. Formation of the Association. The Association has been, or will be, formed as a non-profit
corporation under Montana law having the name the "Mountain View PUD Association, Inc." and
shall be the governing body for the Association and all Owners for the maintenance, repair,
replacement, administration and operation of the Property. The Association shall not be deemed
to be conducting a for -profit business of any kind, and all funds received by the Association shall
be held and applied by it for the use and benefit of the Owners in accordance with this Declaration.
5. Association Membership. Membership in the Association shall be appurtenant to and may
not be separated from ownership of a Lot, except as may otherwise be required by law. Ownership
of a Lot shall be the sole qualification to be a member of the Association. Each Owner, by
acceptance of a deed or other conveyance of a Lot, thereby becomes a member of the Association,
whether or not a declaration of such membership is made a part of, incorporated by reference or
expressed in said deed or conveyance. Where a Lot has multiple Owners, such Owners shall
designate in writing a single Person to act as the representative member on behalf of all such
Owners with regard to Association membership, and in the absence of such a written designation,
the Declarant, Board and Association may rely upon the action, representation or vote by any one
of such Owners and may hold such action, representation or vote as conclusively binding upon all
Owners of such Lot.
6. Board of Directors.
a. The Board shall be the governing body of the Association. Declarant shall have the
right to select and appoint the Persons who shall initially serve as Directors or exercise the
powers of the Board as provided herein. The initial Board designated by Declarant shall
consist of not less than one (1) Director who shall serve without compensation. Such initial
Board shall serve for a period commencing on the date the Association is formed by the
filing of the articles of incorporation in the office of the Secretary of State of Montana and
ending upon the election of Directors at the initial meeting of the Association membership.
b. At the first meeting of the Association membership provided for in Section Ta
below, the Owners shall elect five (5) Directors who shall replace those Directors appointed
by Declarant. Each Director's term of office shall be three years, except that the Directors
elected at the first annual meeting shall have terms of one (1), two (2) and three (3) years,
such that one Director position expires and is up for election each year thereafter. All
Directors shall serve without compensation.
C. Any Director may be removed from office by the affirmative vote of the Owners
representing two-thirds (2/3) of all Lots, provided that Declarant's prior written consent
shall be required to remove any Director prior to the Turnover Date. Vacancies in the Board
shall be filled by the majority vote of remaining Directors, or if no majority prevails, by
the Owners in accordance with the procedures for electing Directors set forth herein.
d. The Board shall meet at least once annually but may meet more often at its
discretion. A majority of Directors may call for a special meeting of Board. Notice shall be
given to each Director not less than ten (10) days prior to each regularly scheduled and
0
special meeting of the Board. The presence of a majority of Directors constitutes a quorum.
A majority of a quorum is required for Board action.
e. The Board shall elect from among its members a President who shall preside over
all meetings and who shall be the chief executive officer of the Board and Association, a
Secretary who shall keep minutes of all meetings, a Treasurer, and such other officers as
the Board shall see fit. Officers shall serve without compensation.
7. Meetings of the Association Membership.
a. The initial meeting of the Association membership shall be held upon not less than
ten (10) days' prior written notice from Declarant to all Owners. Such notice must be given
no later than the earliest to occur of. (a) one hundred twenty (120) days following the date
upon which Declarant no longer holds any interest in the Property or the Additional
Property, or (b) such earlier date as may be elected by the Declarant in its sole discretion
or required by applicable law (the "Turnover Date").
b. There shall be an annual meeting of the Association membership on or about each
anniversary of such initial meeting, or at such other reasonable date and at such time, and
at such place, as may be designated by written notice from the Board. Special meetings
may be called at any time for any purpose consistent with this Declaration on not less than
ten (10) days' notice from a majority of the Board, or by the Owners representing at least
one-third (1/3) of all Lots.
C. On matters put to a vote of the Association membership, there shall be one vote per
Lot, except that Declarant shall have five votes for each Lot it owns. The presence in person
or by proxy of the Owners holding a majority of the voting power in the Association shall
constitute a quorum. Unless otherwise expressly provided herein, any action may be taken
by a majority of a quorum. In the event a quorum is not present at any meeting of the
Association membership, another meeting may be called by notice from the Board.
8. Powers of the Board. Except as expressly otherwise provided by the Association's articles
of incorporation or this Declaration or otherwise required by law, all power and authority to act on
behalf of the Association both pursuant to this Declaration and otherwise shall be vested in the
Board and its officers under the direction of the Board, and shall not be subject to any requirement
of approval on the part of the Owners. Without limiting the foregoing, the Board, acting in
accordance with Section 6 above, shall have the following powers:
a. To levy Assessments as set forth in Section 11 below.
b. After giving at least ten (10) days prior written notice to all Owners, to adopt rules
and regulations governing the use, maintenance and administration of the Common
Elements and the Property for the health, comfort, safety and general welfare of the Owners
and for the protection of property values.
C. To enter into contracts on behalf of, and to purchase or secure in the name of, the
Association any materials, supplies, insurance, equipment, fixtures, labor, services and
advice required by the terms of this Declaration, or which in its reasonable opinion shall
be necessary or proper for the operation or protection of the Association and the Property.
d. To enter upon, and to have its contractors, subcontractors and agents enter upon,
the Common Elements and the exterior of any Lot as may be required to exercise all of the
rights and obligations granted to or imposed upon it pursuant to this Declaration.
e. To maintain one or more bank accounts (granting authority as the Board shall desire
to one or more Persons to draw upon such accounts), and generally, to have all the powers
necessary and incidental to the operation and management of the Association.
f. To procure appropriate casualty and liability insurance policies for the Association,
the Board and the Common Elements, and casualty insurance policies for the townhouses
if requested by the townhouse Owners.
g. To borrow money on behalf of the Association provided, however, that the Board
shall not secure any such borrowings by encumbering any part of the Property or any Lots.
The Board shall, however, have the power to secure such borrowings by pledging and
granting a security interest in the Assessments due the Association hereunder.
h. To enter into a contract for the management of the Property with a professional
manager or management company on such reasonable terms as the Board shall determine;
provided that any such contract shall have a term not to exceed two years, and shall be
terminable by the Association with cause upon not more than 30 days written notice.
i. To acquire and hold real property constituting Common Elements, and to acquire,
hold, and dispose of tangible and intangible personal property.
j. To take such other action as may be required to enforce the provisions of this
Declaration and the rules and regulations made herein.
k. To exercise any and all other powers, rights and authorities of a non-profit
corporation under Montana law for the common benefit of the Property and the Owners.
9. Maintenance Responsibilities of the Association and the Owners.
a. Common Elements. The Association, at its expense, shall be responsible for the
maintenance, repair, replacement and resurfacing of, and, where applicable, snow removal
from, all Common Elements, including, without limitation:
i. common areas and open spaces;
ii. walkways between Lots providing connections between and among streets,
parks and open spaces;
iii. parking lots;
iv. entry monuments and directional signage;
0
V. cottage alleys and other private streets on the Property; and
vi. recreational trails or paths located in common areas outside of rights -of -
way, and non -motorized access easements.
In addition, all accessory structures and uses constituting Common Elements shall be
approved and maintained by the Association.
b. Public Way Improvements. The Association, at its expense, shall be responsible for
snow removal from the sidewalks within or abutting the Property. Excepting the foregoing
limited responsibility of the Association, each Owner shall be responsible for all
(i) maintenance (including, without limitation, snow removal), repair, and replacement of
sidewalks adjacent to such Owner's Lot in accordance with City of Kalispell ordinances
and regulations; and (ii) tree maintenance such as installation, maintenance, replacement,
treatment and boulevard landscaping including species selection and placement within
public rights -of -way. All tree work must be performed in accordance with City of Kalispell
ordinances and regulations.
C. Responsibility of Owners. Except for those improvements which are the
Association's responsibility as provided in Section 9.a or 9.b above, Each Owner shall be
solely responsible for, at such Owner's expense, all maintenance, repair and replacement
of such Owner's Lot or Home, including, without limitation, all buildings, landscaping,
fencing, irrigation systems, driveways, walkways, utility facilities, and all other
improvements, fixtures, finishes, furnishings and equipment upon or within such Owner's
Lot or serving such Owner's Lot or Home exclusively. Each Owner shall keep his or her
Home and Lot in good order and repair including, without limitation, repainting and
replacing elements of the Home in disrepair and keeping landscaping and lawns properly
watered and trimmed. Each Owner shall maintain his or her Lot in conformity with the
Montana County Weed Control Act and shall be responsible for the control of noxious
weeds and vegetation on the entirety of such Owner's Lot.
d. Limitation of Association Liability. Nothing contained in this Declaration shall be
construed to impose a contractual liability upon the Association for maintenance, repair or
replacement of the Common Elements or any other portion of the Property, but the
Association's liability shall be limited to damages resulting from gross negligence or
willful misconduct. Further, no Owner shall have a claim against the Association for any
work ordinarily the responsibility of the Association, but which the Owner has performed
or paid for, unless such an arrangement shall have been duly approved in advance by the
Board.
10. I.Jability of Declarant. the Board and Officers. None of Declarant, the Directors or the
officers of the Association shall be liable to the Association or the Owners for any mistake of
judgment or for any other acts or omissions of any nature whatsoever, and, to the fullest extent
permitted by law, the Association and the Owners shall indemnify, defend and hold harmless
Declarant and each of the Directors and officers of the Association from and against, all claims,
demands, costs, fees, suits, judgments and other liabilities arising out of acts or omissions of
Declarant, the Directors or the officers of the Association acting pursuant to this Declaration,
7
unless such act or omission is found by a court of competent jurisdiction to be ineligible for
indemnification under applicable law.
11. Assessments.
a. In General, Lien for Assessments. Each Owner, by acceptance of a deed to, or
other interest in, a Lot, whether or not it shall be so expressed in any such deed or other
conveyance for such Lot, hereby covenants and agrees to pay Assessments and other costs
and fees levied pursuant to this Declaration. Such Assessments, costs and fees, not paid
when due, together with interest thereon at the rate of twelve percent (12%) per annum,
late fees in the amount of five percent (5%) of the total amount past due, and costs of
collection (including, without limitation, attorneys' fees incurred in respect thereto whether
or not suit shall be instituted), shall be a charge and a continuing lien upon the Lot against
which such levy is made.
b. Purpose of Assessments. The Assessments levied by the Association shall be used
for the purpose of promoting the health, safety and welfare of the Owners and, in particular,
for (i) payment of Common Expenses; (ii) the establishment of such reasonable reserves
as the Board deems appropriate; (iii) the performance of the duties of the Board as set forth
in this Declaration, including the enforcement of the provisions thereof; and (iv) in general,
carrying out the purposes of the Association as stated herein and in the articles of
incorporation of the Association.
C. Annual Assessments. Each year on or before December 1 st, the Board shall estimate
the total amount necessary to pay the Common Expenses for the ensuing calendar year
(which estimate shall include a reasonable amount considered by the Board to be desirable
for reserves). Subject to the remaining provisions of this subsection "c", such amount shall
be apportioned equally among all Lots and, on or before the fifth (5th) day of each calendar
month of said year, each Owner shall be liable for and obligated to pay one -twelfth (1/12)
of such Owner's share of the total annual assessment.
Notwithstanding the foregoing, certain Homes, including attached townhouse
Homes and detached "cottage" Homes to be constructed on the Property, will receive
certain additional services from the Association that are not enjoyed by other Homes in the
Project. Specifically, (i) as set forth in Section 17 below, attached townhouse Homes may
have property damage insurance procured by the Association covering shared structural
components and building enclosures (i.e., a "studs out" policy), and (ii) attached
townhouse Homes and cottage Homes will have appurtenant common areas, for which the
Association will maintain landscaping, sidewalks, and other improvements (including,
without limitation, planting, trimming, mowing, irrigation, repaving, and snow removal).
The Owners of all townhouse Homes and cottage Homes, which will benefit from such
additional services, hereby acknowledge and agree that the costs of such additional services
will be assessed only to such Owners as an additional annual assessment, and not to the
Owners of other Homes in the Project that do not benefit from such additional services.
d. Special Assessments. The Board may at any time or from time to time levy special
assessments for the purpose of defraying, in whole or in part, the cost incurred by the
Association for any repair, replacement, maintenance, service, labor or materials not
provided for in the annual assessment for the then current calendar year. Special
assessments may be approved by an affirmative vote of a majority of the voting power in
the Association at an annual or a special meeting of the Association membership. Special
assessments shall be apportioned equally among all Lots.
e. Specific Assessments. The Board shall have the power to levy specific assessments
against a particular Lot and the Owner(s) thereof (i) to cover costs incurred in bringing a
nonconforming Lot into compliance with this Declaration or any rules or regulations of the
Association; and/or (ii) to cover costs or liabilities incurred as a consequence of the conduct
of such Owner(s).
f. Nonpayment of Assessments. Any Assessment which is not paid when due shall be
deemed delinquent, with no requirement for notice to the delinquent Owner. If an
Assessment is not paid within five (5) days after the delinquency date, such Assessment
shall be subject to interest and late fees as provided in Section I La above from the
delinquency date. If an Owner fails to pay when due any Assessment, charge, fee, cost, or
other amount authorized to be charged to the Owner hereunder, such amount shall
constitute a default hereunder and a lien on the Lot of such Owner. The Board shall, in the
name of and on behalf of the Association, have all rights and remedies to enforce collection
as permitted by law, including bringing an action at law or in equity against such Owner
and foreclosing the aforesaid lien. All expenses of the Association in connection with such
action or proceedings, whether or not suit shall be instituted, including attorneys' fees and
court costs and other fees and expenses, shall be charged to and assessed against such
Owner (and shall constitute a personal liability of such Owner) and shall be added to and
deemed part of that Owner's Assessment.
g. Subordination of Lien to Mortgage. The lien for Assessments provided for herein
shall be subordinate to the lien of any prior, recorded first mortgage or trust deed on a Lot
made to any bona fide lender not related to or affiliated with the Owner of said Lot, except
for the amount of any Assessments which becomes due and payable from and after the date
such lender obtains title to or possession of such Lot pursuant to a decree of foreclosure or
any other proceeding in lieu of foreclosure. Such transfer of title or possession shall not
relieve any Owner from personal liability for any Assessments.
h. Failure to Levy or Notify. Failure of the Board to fix assessment amounts or rates
or to deliver or mail each Owner an assessment notice shall not be deemed a waiver,
modification, or a release of any Owner from the obligation to pay Assessments.
i. No Withholding of Payment. No Owner shall be entitled to withhold, offset or abate
Assessments for any reason without prior approval of the Board. Specifically, but without
limitation, no Owner shall withhold Assessments due to interruption to services or due to
an Owner's failure or refusal to benefit from Common Elements or Association services.
j. Commencement of Assessments. The obligation for Assessments with respect to
each Lot commences upon the sale or transfer of such Lot by the Declarant to any Person
not succeeding to the rights of Declarant hereunder. Notwithstanding any provision of this
0
Declaration to the contrary, Lots owned by Declarant are not subject to Assessments,
provided, however, Declarant shall contribute to the payment of Common Expenses as they
are incurred in proportion to the number of Lots owned by Declarant.
12. casements. Declarant hereby declares, grants and establishes the following non-exclusive,
perpetual easements:
a. Use of Common Elements. Subject to the provisions of this Declaration and the
rules and regulations that may be adopted by the Board from time to time (which rules may
include, without limitation, restrictions on the nature and extent of permitted uses of the
Common Elements), the Declarant, the Association, and each Owner shall have the non-
exclusive right to use the Common Elements for their intended purposes in common with
all other Owners.
b. Easement for Maintenance and Enforcement. A blanket easement over the Property
is hereby granted in favor of Declarant and the Association for the purpose of exercising
their respective rights and performing their respective duties under this Declaration. The
authorized representatives of Declarant and the Association or the Board, or of the
management company for the Property, shall be entitled to reasonable access to, over and
through the Common Elements and Lots as may be required in connection with the
operation, maintenance, repairs, or replacements of or to the Common Elements or any
equipment, facilities or fixtures affecting or serving the Common Elements.
C. Utilities. Subject to review and approval of utility facility plans by the Declarant
or the Board, as applicable, an easement is hereby granted in and to the Common Elements
in favor of the City of Kalispell and utility companies for purposes of providing the
Property with necessary and appropriate utility services, including a right of reasonable
access in the Common Elements to install, operate, maintain, repair and replace facilities
providing such services.
13. Cor,cnants, Conditions and Restrictions on Use. The Property shall at all times be subject
to the following covenants, conditions and restrictions on use:
a. Zoning. The Property is subject to the zoning ordinances and regulations of the City
of Kalispell, as the same may be amended from time to time, and each Owner hereby
covenants and agrees to keep his or her Lot and Home in compliance with said ordinances
and regulations at all times.
b. Residential Use. All Lots shall be known and described as residential Lots and no
business, trade, or commercial activity of any kind or description shall be conducted
thereon, other than lawful home occupations that are not advertised with signage on the
Property and, with the exception of children's daycares, do not involve clients or customers
visiting the Home.
C. Noxious or Offensive Activi . No noxious or offensive activity shall be carried on
upon the Property, nor shall anything be done thereon which constitutes an annoyance or
nuisance to the neighborhood.
10
d. MJI]UfhCturecl Homes. High -quality, factory -built buildings maybe considered and
approved by the Appearance Review Committee. Declarant shall not be restricted from
maintaining trailers on the Property during construction, nor from manufacturing or
assembling components of structures off -site.
C. Trash and Garbage. No part of the Property shall be used or maintained as a
dumping ground, nor shall any salvage, rubbish, trash, garbage or other waste be allowed
to accumulate except in sanitary containers which shall be emptied on at least a weekly
basis by a local garbage collection firm. All garbage shall be stored in containers of metal,
plastic, or other suitable material which have sufficiently tight -fitting covers to prevent the
escape of noxious odors and to prevent entrance by animals. All trash receptacles shall be
kept in the alleys or indoors only.
f. Parkin . No vehicles shall at any time be placed or parked so as to impede, obstruct
or interfere with pedestrian or vehicular traffic along any street, alley, sidewalk, trail or
right-of-way within the Property. Trucks exceeding one ton capacity, semi -tractors, semi-
trailers, mobile homes, equipment, unsightly vehicles, recreational vehicles such as motor
homes, travel trailers, fifth wheel trailers, pickup truck campers, boats, snowmobiles, or
utility trailers are not permitted on the streets, alleys or upon the front or side yards of any
Lots for more than twenty-four (24) hours unless stored in the backyard of a Lot, a garage
or other structure as approved by the Appearance Review Committee.
g. Outdoor Storage. Outdoor storage of personal property is not permitted except
outdoor furniture fit for outdoor use unless approved by the Appearance Review
Committee. Such outdoor furniture must be kept in good order and repair. Storage sheds
and playhouses may be located in backyards only. Storage sheds and playhouses must be
constructed of materials and with design standards and color schemes similar to those of
the dwelling they serve. Storage sheds may not exceed one hundred (100) square feet and
cannot exceed a height of eight feet (8') from grade to the highest point of the structure.
h. Animals. There shall be no livestock whatsoever allowed upon the Property. No
more than two dogs or two cats or one cat and one dog may be kept on each Lot. No cats
or dogs shall be permitted or allowed to run at large. Any kennel must be located in the
backyard area, out of sight from other Lots. No commercial breeding operation may be
maintained on the Property. Dogs should be kept in an enclosed structure when not under
the direct supervision of its owner. Excessive barking will be considered a nuisance. Pet
food shall be stored indoors.
i. Temporaiy Dwellings. No structure of a temporary character shall be constructed,
placed or used on any Lot at any time as a residence or otherwise, nor shall any building
be occupied for residential purposes until it is completely finished in accordance with the
plans approved by the Appearance Review Committee. Campers, trailers, mobile homes or
recreational vehicles shall not be used as either permanent or temporary dwellings. Nothing
herein shall prohibit Declarant from maintaining construction trailers and other temporary
structures on the Property.
Wood Burning Devices. No solid fuel burning devices of any type shall be
11
permitted or used on the Property. This specifically includes, but is not limited to,
fireplaces, wood burning stoves, pellet stoves, fireplace inserts, or similar devices.
Charcoal grills are pennitted in back yards only.
k. SM. No advertising signs, billboards or unsightly objects shall be erected, placed
or permitted on any Lot, excepting customary realty signs upon Lots that are for sale and
political campaign signs that are placed not more than sixty (60) days prior to, and removed
not more than ten (10) days following, the date of the election to which such signs pertain.
All signs shall be subject to applicable City of Kalispell regulations. Nothing herein shall
prohibit Declarant from installing and maintaining any type or number of signs relating to
the development, marketing or sale of the Property or any part thereof.
1. Minim. No mining or mineral removal activity, including the removal of gravel or
sand, shall be permitted on the Property except for as necessary for construction of the
Project.
in. Wildlife. The Declarant advises the Owners of the potential problems associated
with the occasional presence of bears, mountain lions, deer and other wildlife. Owners are
advised to protect vegetation from damage, to confine their pets and to properly store
garbage and other items that might attract wildlife. Artificial feeding of wildlife is
prohibited. Owners should refer to Montana Fish Wildlife and Parks brochure, entitled
"Living with Wildlife" and exert their best efforts to adhere to the information and practices
provided therein.
14. Horne Construction and Appearance Review Committee. The following regulations shall
apply to the construction of Homes and all other improvements upon the Property:
a. Type of Residential Strictures. No residential structures shall be erected, altered,
placed or permitted to remain on any Lot other than one Home (including a primary single -
dwelling residence and one so-called "accessory dwelling unit"). All Homes shall be
constructed of new materials. However, suitable used materials or recycled materials, such
as used brick or beams, may be utilized for aesthetic purposes and but must have prior
approval by the Appearance Review Committee.
b. Residential Structure Size. The ground floor area of each detached single -dwelling
residence, exclusive of open porches and garages, shall be not less than eight hundred (800)
square feet for a one-story house and one thousand one hundred (1,100) square feet for a
one and one-half story or two-story house. Attached townhouses and accessory dwelling
units shall not be subject to this requirement.
C. Re -Subdivision. No Lot may be further subdivided.
d. Maimeizance of Original Design. No Home shall be renovated or remodeled so as
to change the external appearance from its original design (including, without limitation,
repainting or retaining of the exterior) without prior approval of the Appearance Review
Committee.
e. Garages. Garages may be attached to the Home or constructed as a detached
12
structure. All garages must be constructed with materials and design standards and color
schemes similar to and compatible with those of the Home they serve. No open carports
are permitted.
f. BOL111c1a1-V Control Monuments. It shall be the responsibility of each Owner to
provide for immediate professional replacement of any survey monuments that are
removed or become lost from his or her Lot.
g. Seeding and Planting. Within six (6) months of the completion or occupancy of
each Home, whichever occurs first, the Owner thereof shall seed, plant and landscape the
entire Lot in accordance with plans approved by the Appearance Review Committee.
h. Fences. No fence or comparable structure shall be constructed or placed on any Lot
until after the height, color, type, materials, design and location thereof shall have been
approved by the Appearance Review Committee. No fence shall be allowed in the front of
any Home. No fence shall be placed outside of a property line. The height of such fences
shall be no greater than six feet (6'). Installation and maintenance shall be in conformance
with existing City regulations.
i. Decks. Decks are permitted in backyard and side yard areas subject to the prior
approval of the Appearance Review Committee.
j. Grade. All buildings shall be situated such that the finished grade has positive
drainage away from buildings.
k. Utility Coiinect on Costs. The Owner of each Lot shall pay all utilities and utility
connection costs for such Lot including, without limitation, water, sewer, electricity, gas,
internet and cable television.
1. Utilities. Wiring and iitciuias. All utility service lines shall be located
underground. No exterior television or radio antennas, or satellite dishes larger than one
meter in diameter shall be placed or permitted to remain on any Lot and shall be located so
as to be as inconspicuous as possible, at such locations as approved by the Appearance
Review Committee.
15. Appearance Review Committee.
a. Appointment. Upon the Turnover Date, the Board shall appoint an Appearance
Review Committee consisting of three (3) members. No person shall be a member of the
Appearance Review Committee who is not actively engaged and/or experienced in land
development, land planning, architecture, landscape architecture, exterior or interior
design, engineering, or such other fields that would lend background experience to such
person to responsibly and reasonably judge the intent of these restrictions and the
conformity of the submitted plans and specifications to this Declaration. The members of
the Appearance Review Committee shall serve without compensation, provided, however,
where the Board determines that there are not a sufficient number of Owners who have the
requisite experience and are willing to serve on the Appearance Review Committee, then
the Board may approve of the payment of reasonable consulting fees to Persons who are
13
not Owners but who have the requisite expertise and are willing to serve on the Appearance
Review Committee.
b. Submission of Plain ,iiid Specifications. No site work or preparation shall be
commenced, no building or other structure shall be started, constructed, installed, erected
or maintained on any Lot, nor shall any addition, renovation or remodeling thereto or
change or alteration therein, be made, until complete Plans and Specifications therefor have
been submitted to and approved in writing by the Appearance Review Committee. Such
plans and specifications shall include the following (collectively, the "Plans and
Specifications"):
i. a dimensioned site plan including Lot boundaries and the location of all
existing and proposed structures, improvements, walkways, driveways, and
parking areas;
ii. a site grading and contour plan;
iii. a utility plan showing the location of all existing and proposed utility
facilities serving the Lot;
iv. schematic floor plans with dimensions and floor areas;
V. elevations of all sides of each structure including specifications for all
exterior building materials, fixtures, finishes, and colors;
vi. material samples for exterior siding, paint and stain samples, roofing
materials and others samples as deemed necessary by the Appearance
Review Committee.
vii. a landscaping plan, including any required street trees;
viii. such other information as the Appearance Review Committee may
reasonably request in order to properly review the project contemplated by
the Plans and Specifications.
C. Standard of Review. The Plans and Specifications shall conform to the Mountain
View PUD Ordinance and the plans approved by the City of Kalispell in connection
therewith, and any design guidelines for the Property adopted by the Declarant or the Board
and in effect on the date of submission. Any application for approval submitted to the
Appearance Review Committee shall include an itemized statement from the Owner's
architect detailing how the Plans and Specifications conform to such design guidelines.
d. Review of' flans and Specifications. The Appearance Review Committee may
require the payment of a reasonable fee application fee for review of Plans and
Specifications, which shall be deposited into the Association's general fund. Approval or
disapproval by the Appearance Review Committee shall be in writing. A denial shall be
accompanied by specific reasons for such denial. If the Appearance Review Committee
fails to approve or deny a written request for approval within sixty (60) days of the
14
submission of all required Plans and Specifications and payment of required fees, then the
Appearance Review Committee shall be deemed to have approved the submitted Plans and
Specifications. The Appearance Review Committee shall not be liable to any Owner for
any damage, loss or prejudice suffered as a result of the performance by the Appearance
Review Committee of its responsibilities hereunder, provided the Appearance Review
Committee has acted in good faith. The Appearance Review Committee will not review
the Plans and Specifications for, and shall have no liability whatsoever relating to,
compliance with applicable codes and regulations, the quality of design or materials, the
adequacy of space or facilities, the integrity of structures or enclosures, or the existence of
design or construction defects.
e. Construction. All construction shall be undertaken in substantial conformance with
the Plans and Specifications approved by the Appearance Review Committee. Any
material changes to or departures from the Plans and Specifications following approval by
the Appearance Review Committee shall require review and approval of the Appearance
Review Committee according to the procedures provided for in this Declaration.
16. Party Wails. The provisions of this Section 16 shall apply to any and all attached Homes
constructed upon the Property.
a. R_ ijzhts. Each Owner shall have the obligations, rights and privileges set forth in this
Section, as well as those not inconsistent herewith, embraced within the general rules of
law regarding party walls. Each Owner shall have the right to use Party Walls for support
of such Owner's Home, including any replacement thereof, and the rebuilding of a Party
Wall, including all pipes, conduits and ducts located herein.
b. Restrictions. Each Owner shall refrain from using Party Walls in any manner that
interferes with the equal use and enjoyment thereof by other Owners. No openings shall be
made through a Party Wall other than for ordinary wall -mounted furnishings and
decorations. Except for wall -mounted televisions, wall -mounted or in -wall devices that
could cause noise or vibration, such as speakers, are expressly prohibited in and on Party
Walls. No Owner shall take any action that diminishes the structural integrity of such Party
Wall, its fire resistancy, or its sound -deadening quality.
C. Damage. If any Party Wall is damaged or destroyed due to the act or omission of
an Owner, then such Owner shall, at its own cost, promptly repair or reconstruct the same
to a condition at least as good as that which existed prior to such damage or destruction in
accordance with plans approved by the Appearance Review Committee. If such Owner
shall fail, within a reasonable time after such damage or destruction, to perform such repair
or reconstruction, the Board may cause such repair or reconstruction to be performed, and
the cost thereof, along with all other reasonable costs and expenses incurred by the Board,
the Association, and other Owners in connection with such damage or destruction, shall be
charged to the Owner who, through act or omission, caused such damage or destruction.
d. Disagreement. In the event of a disagreement between the Owners of attached
Homes with respect to their Party Wall rights and obligations, upon the written request of
either Owner, the matter shall be adjudicated by the Board, whose decision with respect
15
thereto shall be final and binding.
17. Insurance. Each Owner shall obtain and maintain at all times, at such Owner's expense, a
homeowner's insurance policy covering the full replacement value of the Owner's Home and
personal liability of not less than $500,000 per occurrence, subject to adjustment by the Board
from time to time to account for inflation. Notwithstanding the foregoing, upon receipt of a petition
signed by a majority of the townhouse Lot Owners, the Board may elect to procure a "studs out"
property insurance policy covering damage to townhouses, in which case the covered Owners shall
obtain complementary "studs in" insurance, and the premiums for the "studs out" insurance policy
procured by the Board shall be assessed to the covered Owners.
18. Reserved Rights of Declarant. Without limiting any other rights of Declarant provided by
this Declaration or by law, Declarant hereby expressly reserves the following rights.
a. Until the Turnover Date, all rights, titles, powers, privileges, trusts, duties and
obligations vested in or imposed upon the Board shall be held and performed solely by the
initial Board designated by Declarant in accordance with Section 6.
b. Notwithstanding any provision of this Declaration to the contrary, until the
Turnover Date, Declarant reserves the right and power to prepare, execute and record
amendments to this Declaration (i) to correct clerical or typographical or similar errors in
this Declaration or any exhibit hereto; (ii) to submit the Additional Property or any portion
thereof to this Declaration as provided in Section 3 above, or (iii) to make any other
changes to this Declaration which do not materially and adversely affect the rights or
responsibilities of any Owner. In furtherance of the foregoing, a power coupled with an
interest is hereby reserved and granted to Declarant to vote in favor of, make or consent to
such an amendment on behalf of each Owner as proxy or attorney in fact, as the case may
be. Each deed, mortgage, trust deed, other evidence of obligation, or other instrument
affecting a Lot, and the acceptance thereof, shall be deemed to be a grant and
acknowledgment of, and a consent to the reservation of, the power to the Declarant to vote
in favor of, make, execute and record such amendments.
C. Nothing in this Declaration shall be construed to prohibit Declarant (including its
contractors, employees and agents) from undertaking any activity upon, or use of, the
Property or any portion thereof in furtherance of development and disposition of the Project
including, without limitation, activities related to advertising, construction, demolition,
excavation, grading, maintenance, marketing, planning, surveying, sales and leasing. To
the extent any provision of this Declaration could be construed to limit any such activity
by Declarant upon the Property or any portion thereof, Declarant shall be deemed to be
exempt from such limitation.
19. General Provisions.
a. Manner of Giving Notices. Notices provided for in this Declaration to be given to
the Board or Association shall be in writing and addressed to the address of each member
of the Board or at such other address as otherwise provided herein. Unless otherwise
provided in this Declaration, notices provided for in this Declaration to any Owner shall be
16
in writing and addressed to the address of said Owner's Home. Any Owner may designate
a different address or addresses for notices by giving written notice thereof to the
Association. Notices addressed as above shall be deemed delivered when mailed by United
States registered or certified mail or when delivered in person with written
acknowledgment of the receipt thereof, or, if addressed to an Owner, when posted on such
Owner's Home or deposited in such Owner's mailbox at such address as is designated
pursuant hereto.
b. PLirtia] Invalidity. The invalidity of any covenant, restriction, condition, limitation
or any other provision of this Declaration, or any part of the same, shall not impair or affect
in any manner the validity, enforceability or effect of the rest of this Declaration.
C. Term; Perpetuities and Other Invalid. This Declaration shall continue in effect
in perpetuity. If any of the options, privileges, covenants or rights created by this
Declaration would otherwise be unlawful or void for violation of the rule against
perpetuities, the rule restricting restraints on alienation, or any other statutory or common
law rules imposing time limits, then such provision shall continue for so long as permitted
by law.
d. Amendments. Subject to the Declarant's rights as set forth in Section 18.b above,
this Declaration may only be amended by a written instrument that is signed and
acknowledged by the President of the Board, and approved by the Owners having, in the
aggregate, at least three fourths (3/4) of the voting power in the Association, at a special
meeting of the Association membership called for that purpose, written notice of which
shall be given to all Owners at least thirty (30) days in advance of such meeting setting
forth such purpose. No such amendment shall change the boundaries of any Lot, the
quorum or voting requirements for action by the Association, or liability for Common
Expenses assessed against any Lot. No amendment to this Declaration may remove,
revoke, or modify any right or privilege of Declarant without the prior written consent of
Declarant.
e. No Waivers. No covenants, restrictions, conditions, obligations or provisions
contained in this Declaration shall be deemed to have been abrogated or waived by reason
of any failure to enforce the same, irrespective of the number of violations or breaches
which may occur.
£ Enfoi-ccinent. The Association, any Owner or the Declarant shall have the option
and right to enforce by any proceeding at law or in equity all restrictions, conditions,
covenants, reservations, and charges now or hereafter imposed by the provisions of this
Declaration. The method of enforcement may include legal action seeking an injunction to
prohibit any violation, to recover damages, or both. Should any lawsuit or other legal
proceeding be instituted against an Owner who is alleged to have violated one or more of
the provisions of this Declaration, the prevailing party in such proceeding shall be entitled
to reimbursement for the costs of such proceeding, including reasonable attorneys' fees.
[The remainder of this page is intentionally left blank.]
17
IN WITNESS WHEREOF, Declarant has executed this Declaration on the Effective
Date..
Bison Hill, LLC
a Wyoming limited li ility c nipany
•
By: &Add
Its: Authorized Signatory
STATE OF
) SS
COUNTY OF (' kv ►L )
Acknowledged before me this 30 day of _ avc�.yv 2021 by ��ow■ 5 authorized
signatory of Bison Hill, LLC.
LORN ANDREW SHIELDS of lie for the State of
Y NOM Public, State of Nevada
N Ciii 109228-1 Printed Name: S
fyAppt Exp, Oct. 5, 2026 Residing At: _L hS 1j',T. &< /t/
My Commission Expffes. 10 / 5 z G
18