The Reserve at Johnson Ranch Application MaterialsThe Reserve at Johnson Ranch ‐ 1
THE RESERVE AT JOHNSON RANCH
PLANNED UNIT DEVELOPMENT NARRATIVE
Kalispell, Montana
Prepared By:
Jackola Engineering & Architecture
PO Box 1134
Kalispell, MT 59903
Project No. 240208:200
Contact: Michael Bestwick, PE
406‐755‐3208
Date
January 6th, 2024
The Reserve at Johnson Ranch ‐ 2
Table of Contents
a) Description of Goals and Objectives for the Development ................................. 4
b) Project Timeframe and Schedule .................................................................... 4
c) Conformance with Zoning and Subdivision Regulations ..................................... 4
d) Nature and Extent of Common Open Space ...................................................... 6
e) Strategy for the Provision of Local Services ..................................................... 7
f) Relationship of Development upon Neighborhood ............................................ 8
g) Suitability of Property for the Proposed Use ................................................... 8
h) Mitigation of the Impact of Incompatible Uses ................................................ 8
i) Furthering the Kalispell Growth Policy ............................................................ 9
j) Supplemental Information ............................................................................ 10
1. Total acreage and present zoning classifications ....................................... 10
2. Zoning classification of all adjoining properties ........................................ 10
3. Density in dwelling units per gross acre ................................................... 10
4. Location, size height and number of stories for buildings and uses proposed
for buildings. .............................................................................................. 11
5. Layout and dimensions of streets, parking areas, pedestrian walkways, and
surfacing .................................................................................................... 11
6. Vehicle, emergency and pedestrian access, traffic circulation and control ... 11
7. Location, size, height, color and materials of signs .................................... 11
8. Location and height of fencing and/or screening ....................................... 11
9. Location and type of landscaping ............................................................. 12
10. Location and type of open space and common areas ............................... 12
11. Proposed maintenance of common areas and open space ........................ 12
12. Property boundary locations and setback lines ...................................... 12
13. Special design standards, materials and/or colors .................................. 12
14. Proposed schedule of completions and phasing of the development, if
applicable ................................................................................................... 12
15. Covenants, conditions and restrictions .................................................. 12
16. Any other information that may be deemed relevant and appropriate to allow
for adequate review ..................................................................................... 13
The Reserve at Johnson Ranch ‐ 3
LIST OF ATTACHMENTS
1) Existing Zoning Map
2) Vicinity Map
3) Adjacent Landowner Map
4) PUD Site Plan
5) Draft CCR’s
6) Preliminary Plat Drawing
7) Phasing Plan
8) Preliminary Site and Utility Plans
The Reserve at Johnson Ranch ‐ 4
a) Description of Goals and Objectives for the Development
The Reserve at Johnson Ranch proposes to create a single‐family, multi‐family and
neighborhood‐commercial development on approximately 92 acres located in the
northwest corner of the Old Reserve Drive and Stillwater Road intersection. The overall
intent of this PUD is to create a single‐family, multi‐family and neighborhood business
community that blends well with the surrounding residential areas. The site is located
directly adjacent to the current City of Kalispell limits and the site’s proximity to City
infrastructure and significant transportation routes make it suitable for the proposed
mixed‐use development. The site is also within the Growth Policy Planning Area and
the Annexation Policy Boundary per the Kalispell Growth Policy Planning Area Map.
The project aims to support the need for both single‐family and rental housing while
integrating neighborhood businesses to provide goods and services to residents.
b) Project Timeframe and Schedule
The project is expected to be completed in multiple phases over the next 12 years.
Phase 1 is intended to start construction in the Fall of 2025 with the infrastructure and
buildings being complete in 2037. The tentative schedule is presented in the table
below.
Phase Estimated Start Estimated
Completion
Phase 1 Fall 2025 Spring 2026
Phase 2 Spring 2026 Spring 2027
Phase 3 Spring 2027 Spring 2028
Phase 4 Spring 2028 Spring 2029
Phase 5 Spring 2029 Spring 2030
Phase 6 Spring 2030 Spring 2031
Phase 7 Spring 2031 Spring 2032
Phase 8 Spring 2032 Spring 2033
Phase 9 Spring 2033 Spring 2034
Phase 10 Spring 2034 Spring 2035
Phase 11 Spring 2035 Spring 2036
Phase 12 Spring 2036 Spring 2037
c) Conformance with Zoning and Subdivision Regulations
The plan departs from the zoning policy in three ways. First, the southeast 10‐acres of
the property will be zoned B‐1 (neighborhood business) as opposed to RA‐2 (high
density residential). Second, the B‐1 zoning will allow for a maximum building footprint
for a neighborhood grocery store or equivalent use of up to 40,000 SF, and the total
building footprint area of all buildings within the B‐1 district would not exceed 110,000
SF. Third, the RA‐2 zoned district will allow for multifamily dwelling(s).
The Reserve at Johnson Ranch ‐ 5
These deviations are deemed to be in the public interest because they are aligned with
the City Growth Policy. Specifically, the development falls within the Kalispell West
Neighborhood Plan. One of the specific policies of the growth plan is to provide for
neighborhood shopping centers to serve residents within a one‐mile radius while
providing a buffer with higher density housing to transition away from the
neighborhood shopping center. There are no neighborhood shopping centers within a
mile of the development, and the nearest major shopping center is the Hutton Ranch
Development that exceeds a 1‐mile radius from the subdivision. The proposed B‐1
zoning will serve as a neighborhood shopping center for the proposed and existing
residential zoning districts that surround the B‐1 zoning. Specifically, the
neighborhood B‐1 zoning will serve the proposed RA‐1, RA‐2 and R‐3 zoning districts
associated with the subject subdivision. In addition, the neighborhood B‐1 zoning will
serve the Westview Park subdivision to the east, which consists of R‐3 and RA‐2 zones.
Lastly the B‐1 zoning will serve the developing Starling subdivision to the south, which
is zoned as R‐3/PUD, and is anticipated to be developed for high‐density residential
use.
Because the proposed B‐1 zoning is surrounded by residential zoning, there is no risk
for strip commercial development land use patterns. Limiting strip commercial
development also aligns with the City growth policy. However, because the immediate
area is rapidly developing with high‐density multifamily and single‐family use, there is
a growing population that would benefit from retail stores business exceeding 4,000
SF in floor area. Examples of such neighborhood businesses include grocery stores,
convenience stores, or equivalent uses.
To mitigate potential for developing the B‐1 zone with high‐density box stores, the
PUD limits the total allowable footprint area within the 10‐acre B‐1 zoning district to
110,000 SF. This would allow ample space for buildings and parking lots while reserving
significant greenspace for landscape buffers and walking path connectivity throughout
the B‐1 zoned area.
The RA‐2 zoned area lies directly north of the B‐1 zoning. This area will allow for
multifamily housing directly adjacent to neighborhood business, which will provide
necessary services (e.g. banks, community grocery stores, convenience stores) for the
multifamily portion of the development. Per the City growth policy, high density
housing developments should be in close proximity to necessary services, so allowing
for multifamily units directly adjacent to the B‐1 district is aligned with the City growth
policy.
The Reserve at Johnson Ranch ‐ 6
Additionally, the PUD proposes to integrate pedestrian path connectivity throughout
the subdivision. This would be done by integrating a 10‐foot‐wide pedestrian path that
would connect from West Reserve Drive and extend along an internal subdivision road
and ultimately terminate at Stillwater Road to the north. The path would effectively
link the B‐1 zoned district to the south with the RA‐2 and R‐3 zones to the north. This
would enhance the overall nature of the development by providing walkable and
bikeable connectivity between the residential and commercial sectors of the
subdivision. Creating walkable and bikeable neighborhoods is a goal of the City Growth
Policy, so the implementation of the pedestrian promotes the City growth policy.
Lastly, the PUD proposes to develop the R‐3 zoning at a reduced density relative to
zoning regulations allowances. Specifically, the proposed minimum lot size is 7,000 SF
as opposed to 6,000 SF in the R3 zone. Increased lot size will provide more greenspace
and reduced congestion throughout the subdivision and surrounding neighborhoods.
The R‐3 zone will also not allow for ADUs to ensure that the density remains as planned.
The lower density R‐3 also works to transition away from the higher density RA‐2 zone
and B‐1 zone consistent with the Kalispell West Neighborhood Plan.
d) Nature and Extent of Common Open Space
The nature and extent of the common area would focus on pedestrian connectivity
between the various zoning designations within the subdivision. As stated above, a 10‐
foot‐wide pedestrian path will run from Reserve Drive to Stillwater Road to provide
pedestrian and bicycle access throughout the subdivision. Limiting the total building
area footprint area to 110,000 SF within the proposed 10‐acre B‐1 zone will further
allow for more greenspace and pedestrian connectivity within the southwest 10‐acres
of the property. Setting a minimum lot size of 7,000 SF within the R‐3 zoning will reduce
overall dwelling densities, thereby reducing congestion within proposed paths, open
areas, and on roadways. The PUD also proposes an approximate 10.5‐acre parcel
directly north of Stillwater Road. This tract will be used for both stormwater detention
as well as common open space/parkland.
As a predominant single‐family & multi‐family development, parkland will be provided
at a ratio of 0.03 acres per dwelling unit or recreational amenities equivalent to the
fair market value of 0.03 acres of land per unit. Amenities and landscaping will be
proposed with each project phase and the engineering and construction documents
will be reviewed and approved by the Planning and Parks & Recreation Departments to
ensure compliance. With the amenities being provided for use by the entire portion of
The Reserve at Johnson Ranch ‐ 7
the development, it supports a more community feel. Maintenance and conservation
of the common space would be the responsibility of the HOA/POA for the subdivision.
e) Strategy for the Provision of Local Services
Water supply, sewer collection, storm water management, roadways, traffic
management, pedestrian access, and recreational facilities will be designed and
constructed in accordance with the City of Kalispell Standards for Design and
Construction. The facilities will be designed and installed at the expense of the
developer and will be granted to the City of Kalispell after completion of construction
for future ownership.
The water distribution system will be comprised of a network of water mains which
will extend from the existing 12” water main located within Taelor Road to the east.
New water mains will be extended within the subdivision as well as within the
Stillwater Road ROW. The water main will be extended to the far north boundary of
Stillwater Road for future developments. Fire hydrants will be installed at appropriate
locations coordinated with the Fire Department and each building will be provided with
an individual water service and fire suppression service where required by code.
Wastewater collection will be provided by gravity sewer mains. Sewer mains will be
constructed in the public ROW and will tie into existing sewer mains within the
intersection of Stillwater Road and Old Reserve Drive. A main will also be extended
from Taelor Road to serve the northern portion of the subdivision.
City ROWs will be constructed to meet the City Standards, and curb and gutters will
direct stormwater to low points. Stormwater will then be conveyed to stormwater
retention or detention facilities. The topography of the site naturally falls from west
to east. Stormwater will generally drain from west to east/northeast. Post
development drainage patterns are expected to generally match existing, with
overflows from the site meeting pre‐development conditions.
There will be three Public ROW ingress/egress points for the residential portion of the
site, and two egress/ingress points for the multifamily (RA‐2) and neighborhood
business (B‐1) portions of the site respectively. Reserve Drive is owned by MDT, so the
south access will need to be coordinated with MDT. Stillwater Road is a county road,
but upon annexation, ownership will transfer to the City. Interior roadways will be
aligned to the extent feasible with the City of Kalispell’s transportation plan to
anticipate future roadway extensions. MDT does have plans to improve Old Reserve
The Reserve at Johnson Ranch ‐ 8
Drive in the next couple years, and as such, coordination will be required for the
approach from the development to that road. Power is located overhead on the north
side of Old Reserve Drive along the site’s southern boundary. Fiber optic runs along
the north side of Old Reserve Drive. These will be extended underground throughout
the development.
f) Relationship of Development upon Neighborhood
The subject property is situated in a highly visible and accessible location in proximity
to both US Hwy 93 and the 93 by‐pass. This area is currently experiencing residential
growth with the development of the Westview Estates subdivision, the Owl View
Subdivision, Johnson Ranch Subdivision (Flathead County), and the Starling
Development. The Project is expected to facilitate further growth and provide
additional commercial and residential opportunities for current and future residents
due to the location, extension of public utilities, and exposure from passing vehicles.
The B‐1 zoning will allow for neighborhood businesses to serve the immediate needs
of surrounding residential areas. Neighborhood business will also be an asset to future
residential developments that are anticipated to expand to the west and north. The
B‐1 zoning location provides easy access to surrounding neighborhoods, but it is
bounded by residentially zoned districts, which will mitigate concerns of commercial
sprawl. The development also emphasizes pedestrian connectivity via a 10‐foot‐wide
walking path that connects Reserve Drive to Stillwater Road. For these reasons, the
planned development is anticipated to have a beneficial relationship upon the local
neighborhood.
g) Suitability of Property for the Proposed Use
The immediate area within the vicinity of the subdivision is experiencing rapid
residential growth. As such, the development will provide additional residential units
while blending a neighborhood business district to provide goods and services to
support residential development. The PUD also emphasizes connectivity by integrating
a 10‐foot‐wide path through the subdivision. Limiting total floor areas within the 10‐
acre B‐1 zoning will provide ample greenspace and buffers between the commercial
district and adjacent residential development. Because the B‐1 zoning is bounded by
residential zoning district, there is no potential for commercial sprawl, so the
neighborhood business will blend into the adjacent residential zones.
h) Mitigation of the Impact of Incompatible Uses
The proposed B‐1 zoning use limits total building footprint area to 110,000 SF within
the 10‐acre zone. This will ensure that B‐1 zone does not develop as a high‐density box
The Reserve at Johnson Ranch ‐ 9
store development like Hutton Ranch Plaza. Limiting the total allowable building area
will also provide more greenspace and pedestrian connectivity throughout the B‐1
zone.
The RA‐2 zone will allow for multifamily development. To offset the increased density
associated with multifamily development, the PUD will set a minimum lot size in the
R‐3 zone to 7,000 SF. Per City zoning rules, minimum lot size for R‐3 is 6,000 SF, so the
increased minimum lot size will reduce dwelling density within the R‐3 district by up
to 16%.
The multifamily RA‐2 zone will be situated adjacent to the B‐1 zone and then transition
to the R‐3 zone. Thus the neighborhood will transition from neighborhood business to
multifamily development to lower density residential. The blend from commercial to
high density residential to lower density residential is consistent with the growth
policy for the Kalispell West Neighborhood Plan.
i) Furthering the Kalispell Growth Policy
The development will further the goals of the growth policy by providing neighborhood
shopping centers to serve residents within a one‐mile radius, while providing a buffer
with higher density housing to transition away from the neighborhood shopping center.
This B‐1 zoning area will serve the proposed RA‐2 and R‐3 zoning for the development,
along with the existing R‐3 and RA‐2 zones associated with the Westview Park
Subdivision. The B‐1 zoned area will have a maximum building footprint of up to 40,000
SF for a neighborhood grocery store or similar use and no more than 110,000 SF of
floor space between all buildings, which will discourage big box stores from using the
space. Because the B‐1 zoned area is surrounded by residential development, there is
no risk of strip commercial development, which also aligns with the city growth policy.
The RA‐2 zoned area lies directly north of the B‐1 zoning. This lot will allow for
multifamily housing directly adjacent to neighborhood business, which will provide
necessary services for residents. Per the city growth policy, high density residential
development should be located near to necessary services that would be provided in
the B‐1 zoned lot. Therefore, allowing for multifamily units directly next to the B‐1
district is aligned with the City Growth Policy.
Additionally, the PUD proposes to integrate the pedestrian path connectivity
throughout the subdivision. This would be done by building a 10‐foot‐wide pedestrian
path that would connect from Reserve Drive and extend along an internal subdivision
The Reserve at Johnson Ranch ‐ 10
road, ultimately terminating at Stillwater Road to the north. The path would link the
B‐1 zoned district to the south with the RA‐2 and R‐3 zones to the north. Creating
walkable and bikeable neighborhoods is a goal of the City Growth Policy, so the
implementation of the pedestrian path promotes the City Growth Policy.
Lastly, the PUD proposes to develop the R‐3 zoned area at a reduced density relative
to zoning regulations allowances. Specifically, the proposed minimum lot size is 7,000
SF as opposed to 6,000 SF for the R‐3 zone in the zoning regulations. The R‐3 zone will
also prohibit ADUs. Increasing the lot size will provide more greenspace and will help
to reduce congestion throughout the subdivision. The lower density R‐3 zoning will
also help to transition away from the higher density RA‐2 zone and B‐1 neighborhood
business zone. It is a goal of the City Growth Policy to provide more single‐family
housing, so the R‐3 zoned area aligns with the growth policy.
j) Supplemental Information
1. Total acreage and present zoning classifications
The Site occupies 91.8‐acres and is currently zoned as AG‐80.
2. Zoning classification of all adjoining properties
Zoning of adjacent properties consists of County AG‐80, County SAG‐5, County
R‐1, City R‐5/PUD, City RA‐2 and City R‐3. Please refer to the attached zoning
map.
3. Density in dwelling units per gross acre
The dwelling density for the subdivision is summarized below:
Zone Area (AC) Dwelling Units
(No.)
Density (No/AC)
B‐1 10.0 N/A N/A
RA‐2 14.8 237 16*
R‐3 35.9 186 5.2
North Residential RA‐1 5.0 80 16*
Right of Way 14.2 N/A N/A
Open Space 11.9 N/A N/A
Totals 91.8 503 5.5
Notes:
*Dwelling Density of 16 units/Ac assumed for multifamily units based on
similar developments throughout the area.
The Reserve at Johnson Ranch ‐ 11
Based on the varying lot sizes, the unit densities per lot ranges from 0.20‐16 units per
acre. The average unit density as presented above is 7.6 units per acre. By clustering
multifamily buildings in the Stillwater Road frontage, the densities to the north and
west can be reduced and softened to the adjacent properties. Refer to the attached
site maps for preliminary lot layouts.
4. Location, size height and number of stories for buildings and uses proposed for
buildings.
The Neighborhood Commercial lot is in the southeast corner of the property,
adjacent to the intersection of Old Reserve Drive and Stillwater Road. Buildings
on this lot will not exceed the B‐1 zone 60 feet height limit and will have a
maximum footprint size of 40,000‐sf. The businesses within this area are to
serve primarily the residents of the subdivision and surrounding neighborhoods.
Those types of businesses that will be encouraged include neighborhood grocery
stores, convenience stores, banking, small boutique businesses and coffee
shops, and convenience stores among others. The RA‐2 lot may be developed
with multi‐family residential buildings not exceeding the 45‐foot building height
limit per the zoning regulations. Roof heights will be determined from native
grade as determined in the zoning ordinance. The remaining R‐3 zoning will
consist of single‐family homes.
5. Layout and dimensions of streets, parking areas, pedestrian walkways, and
surfacing
All streets and parking area design will follow the guidelines listed in the City
of Kalispell Standards for Design and Construction and City Zoning Ordinance.
Streets and parking areas will be paved with asphalt. A 10‐foot‐wide pedestrian
path will provide connectivity from the neighborhood commercial area to
Stillwater Road to the north. This will allow pedestrian circulation for the
multifamily and urban residential areas as well.
6. Vehicle, emergency and pedestrian access, traffic circulation and control
The development will be accessed from both Stillwater Road and Old Reserve
Drive, with interior site roadways providing traffic circulation through the Site.
Roadway design will follow City of Kalispell design standards, and International
Fire Code (IFC) will be followed to ensure appropriate emergency access is
provided in parking lots and throughout commercial and multi‐family areas.
7. Location, size, height, color and materials of signs
All signs will comply with City of Kalispell ordinances. A. Final design of signs
will be reviewed by the city, and the height, size, color, and materials of the
proposed signage will conform to the Kalispell Sign Ordinance.
8. Location and height of fencing and/or screening
The Reserve at Johnson Ranch ‐ 12
No fencing is being proposed at this time; a preliminary landscape plan will be
submitted prior to construction of the development. Should fences be
constructed, they will conform to City regulations (4 feet height maximum front,
6.5 feet height maximum rear).
9. Location and type of landscaping
The subdivision will follow City of Kalispell Landscape ordinances. Specifically,
boulevard trees will be provided throughout the subdivision. Site specific
landscape plans will be developed for the neighborhood business and RA‐2
zoned multifamily lots as these lots are developed. Landscaping will also be
provided in the stormwater retention area to the north of the enhance the visual
appeal of the stormwater system. Final landscape and irrigation design will be
reviewed and approved by the City Parks department prior to construction.
10. Location and type of open space and common areas
An approximate 10‐acre open space is provided to the north of Stillwater Road.
This open space will serve as an area for stormwater retention in addition to
parkland, which may consist of playgrounds, linear parks, or a dog park. As the
RA‐2 and RA‐1 area develops with multifamily units, it is anticipated that
common courtyard areas with pavilions or clubhouses will be integrated into the
site design to meet City of Kalispell amenity requirements. The proposed 10‐
wide path running across the site will also serve as a common area to promote
safe pedestrian and bicycle connectivity. Additional open space/green space will
be developed with site design within the B‐1 area as well since overall building
footprints are being limited to 110,000 SF. Overall open space and common
areas will be constructed throughout the subdivision to allow for ease of access
and increase overall neighborhood feel.
11. Proposed maintenance of common areas and open space
Maintenance of common areas and open space will be maintained by an
HOA/POA. Please refer to the attached draft CCRs.
12. Property boundary locations and setback lines
Property Boundaries are shown on the attached preliminary plat drawing and
building setbacks will meet City zoning standards for B‐1, RA‐2, and R‐3.
13. Special design standards, materials and/or colors
All buildings and materials will comply with City Architectural standards and
building code. No special building design standards or materials are being
proposed.
14. Proposed schedule of completions and phasing of the development, if
applicable
A phasing plan with schedule is provided as an attachment to this application.
15. Covenants, conditions and restrictions
The Reserve at Johnson Ranch ‐ 13
See Attached CCRs.
16. Any other information that may be deemed relevant and appropriate to allow
for adequate review
Please refer to the attached plans and other supplementary information.
SITE BOUNDARY
SUBJECT PROPERTY
91.8 AC.
STILLWATER ROAD
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ZONING LEGEND:
CITY ZONING R-3
CITY ZONING RA-2
CITY ZONING R-5/PUD
COUNTY ZONING AG-80
COUNTY ZONING SAG-5
COUNTY ZONING R-1
VANCOUVER
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EXISTING ZONING MAP
1"=250'
SITE BOUNDARY
THE RESERVE AT
JOHNSON RANCH
91.8 AC.
OLD RESERVE DRIVE
STILLWATER ROAD
GLACIER HIGH SCHOOL
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VICINITY MAP
1"=500'
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Lot Tract ID Owner Mailing Address Property Address
1
2922X26-XXX-7C REGIER, KEITH S &
JOLENE A
1078 STILLWATER
RD KALISPELL MT
59901
1078 STILLWATER
RD KALISPELL MT
59901
2
2922X26-XXX-1 ALLMARK LAND
HOLDINGS LLC
201 HIGHVIEW LN
MEDIA PA 19063
1104 STILLWATER
RD KALISPELL MT
59901
3
2922X26-XXX-3B L H C INC PO BOX 7338
KALISPELL MT
59904
1100 STILLWATER
RD KALISPELL MT
59901
4
2922X25-XXX-5 OWL
CORPORATION
500 PALMER DR
KALISPELL MT
59901
1080 STILLWATER
RD KALISPELL MT
59901
5
2922X25-XXX-5D MC COLLUM,
WILLIAM O &
PAULA C
985 STILLWATER
RD KALISPELL MT
59901
985 STILLWATER
RD KALISPELL MT
59901
6
2922X25-WVG-33 COCHRAN, MARY 202 TAELOR RD
KALISPELL MT
59901
202 TAELOR RD
KALISPELL MT
59901
7
2922X25-WE5-34 CANNON, TAMRA
JEAN & DANIEL
WELDON
176 OWL LOOP
KALISPELL MT
59901
176 OWL LOOP
KALISPELL MT
59901
8
2922X25-WE5-34 CANNON, TAMRA
JEAN & DANIEL
WELDON
176 OWL LOOP
KALISPELL MT
59901
176 OWL LOOP
KALISPELL MT
59901
9
2922X25-WE5-35 MORGAN, PETER &
TANYA
172 OWL LOOP
KALISPELL MT
59901
172 OWL LOOP
KALISPELL MT
59901
10
2922X25-WE5-36 IRON STAR
CONSTRUCTION
LLC
Attn:KISA DAVISON
130 2ND ST W
KALISPELL MT
59901
168 OWL LOOP
KALISPELL MT
59901
11
2922X25-WE5-37 MUONIO, LEE &
ANNIE
184 EMPIRE LOOP
KALISPELL MT
59901
164 OWL LOOP
KALISPELL MT
59901
12
2922X25-WE5-38 BONDAR, OLEKSII 122 OSPREY
BUSINESS CT STE
103 COLUMBIA
FALLS MT 59912
160 OWL LOOP
KALISPELL MT
59901
13
2922X25-WE5-39 KAUFFMAN, HOPE 156 OWL LOOP
KALISPELL MT
59901
156 OWL LOOP
KALISPELL MT
59901
14
2922X25-WE5-40 BUCK, DARREN &
JANET
152 OWL LOOP RD
KALISPELL MT
59901
152 OWL LOOP RD
KALISPELL MT
59901
15
2922X25-WE5-41 LEMOS, MICHAEL &
KELSI
150 OWL LOOP
KALISPELL MT
59901
150 OWL LOOP
KALISPELL MT
59901
16
2922X25-WE5-42 VOGEL, JAMES H &
TATE E
148 OWL LOOP
KALISPELL MT
59901
148 OWL LOOP
KALISPELL MT
59901
17
2922X25-WE5-43 CATTRON,
RICHARD & KAREN
KAYLYNN
146 OWL LOOP
KALISPELL MT
59901
146 OWL LOOP
KALISPELL MT
59901
18
2922X25-WE4-45 POTTER,
CHRISTOPHER
JAMES & JEANNINE
LYNN
276 LANDING LN
STE 103 KALISPELL
MT 59901
276 LANDING LN
STE 103 KALISPELL
MT 59901
19
2922X25-WE4-46 NOLAN, LOGAN 272 LANDING LN
KALISPELL MT
59901
272 LANDING LN
KALISPELL MT
59901
20
2922X25-WE4-47 WILEY, BRIAN G &
MIKKI R
137 TRAILRIDGE
RD KALISPELL MT
59901
268 LANDING LN
KALISPELL MT
59901
21
2922X25-OWA-1A LBO PROPERTIES
LIMITED
PARTNERSHIP
500 PALMER DR
KALISPELL MT
59901
1295 OLD
RESERVE DR
KALISPELL MT
59901
22
2922X36-GHS-1 ST MT DEPT OF
NATURAL
RESOURCES &
CONSERVATION
FLTHD SCHOOL
DIST 5 233 1ST AVE
E KALISPELL MT
59901
375 WOLFPACK WY
KALISPELL MT
59901
23
2922X35-XXX-3 ASPEN
STILLWATER
PROPERTIES LLC
6550 E IRONWOOD
DR PARADISE
VALLEY AZ 85253
885 OLD RESERVE
DR KALISPELL MT
59901
24
2922X26-XXX-7E MORGAN, DENNIS
M & LILLIAN M
515 FARM VIEW LN
KALISPELL MT
59901
515 FARM VIEW LN
KALISPELL MT
59901
25
2922X26-XXX-7EA WEAVER,
MALLORY MARIE &
STEVEN PATRICK
547 FARM VIEW LN
KALISPELL MT
59901
547 FARM VIEW LN
KALISPELL MT
59901
26
2922X26-XXX-7DA OSLER
REVOCABLE
TRUST, RODNEY R
577 FARM VIEW LN
KALISPELL MT
59901
577 FARM VIEW LN
KALISPELL MT
59901
27
2922X26-XXX-7DAA WALTERS, MICHEL
ANN
2184 E EMERALD
RIVER CIR FORT
MOHAVE AZ 86426
605 FARM VIEW LN
KALISPELL MT
59901
28
2922X26-XXX-7BA WILSON, ERIC A &
RACHEL E
633 FARM VIEW LN
KALISPELL MT
59901
633 FARM VIEW LN
KALISPELL MT
59901
VANCOUVER
360-852-8746
KALISPELL
406-755-3208
BOZEMAN
406-586-0707
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10' WIDE PEDESTRIAN PATH THROUGH SUBDIVSION
10' WIDE PEDESTRIAN PATH WITH
LANDSCAPE BUFFER AROUND
PERIMETER OF SUBDIVSION
PEDESTRIAN INTERCONNECTIONS BETWEEN
MULTI-FAMILY AND COMMERCIAL
RA-1 ZONING
PUD SUMMARY:
COMMON AREA/ OPEN SPACE
11.92 ACRES TOTAL AREA
SINGLE-FAMILY RESIDENTIAL (186 LOTS)
MINIMUM 7,000 SF - 35.89 ACRES
MULTI-FAMILY RESIDENTIAL OR EQUIVALENT USE
MAXIMUM 397 UNITS - 14.84 ACRES
NEIGHBORHOOD BUSINESS - 10 ACRES
40,000 SF MAX FOOTPRINT FOR GROCERY STORE &
110,000 SF TOTALFOOTPRINT BETWEEN ALL BUILDINGS.
RIGHT-OF-WAY AND ROADWAY DEDICATION
14.20 ACRES
RA-1 ZONING-4.98 ACRES
125-125 250
SCALE: 1" =
0
250'PUD SITE PLAN11" = 250'
DATE:
JACKOLA ENGR. & ARCH., P.C. WITHOUT THE WRITTEN CONSENT OFMAY NOT BE USED OR REPRODUCEDIS PROPRIETARY. THIS DOCUMENT
THE INFORMATION CONTAINED HEREIN
REVISIONS:
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info@jackola.com jackola.com
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After recording return to: Mark Buckwalter, Esq. Buckwalter Webb PLLC 40 Second Street East, Suite 226 Kalispell, MT 59901
DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND EASEMENTS FOR THE RESERVE AT JOHNSON RANCH (Single-Family Residential)
This Declaration of Covenants, Conditions, Restrictions, and Easements for The Reserve at Johnson Ranch (Single-Family Residential) (the “Declaration”) is made this ____day of ______________, 202__, by The Reserve at Johnson Ranch, LLC, a Montana limited liability company, hereinafter (the “Declarant”).
ARTICLE 1 STATEMENT AND PURPOSE AND IMPOSITION OF COVENANTS Section 1.1. Owner. The Declarant is the owner of the property in Flathead County,
Montana, more particularly described as follows (the "Property"):
LEGAL DESCRIPTION TO BE CHANGED UPON FINAL PLAT. The East Half (E½) of the Southeast Quarter (SE¼) of Section 26, Township 29 North, Range 22 West, P.M.M., Flathead County, Montana;
EXCEPTING THEREFROM that portion deeded to Flathead County for road purposes, Recorded December 5, 1899, in Book 30, Page 582, and ALSO EXCEPTING THEREFROM that portion deeded to the Montana
Department Of Transportation for highway purposes, recorded June 28, 2007, as Doc. No. 2007-179-14150. Section 1.2. Purpose. The purpose of the Declarant in making this Declaration is to create a development known as The Reserve at Johnson Ranch on the Property (the “Project” or “The
Reserve at Johnson Ranch”). The Reserve at Johnson Ranch Project is presently planned to include
multi-family and commercial components, but those components are not covered by this Declaration upon its execution, but may be at some future time as provided herein.
DECLARATION OF COVENANTS. CONDITIONS, RESTRICTIONS AND EASEMENTS
FOR THE RESERVE AT JOHNSON RANCH (SINGLE-FAMILY RESIDENTIAL) PAGE 2
The Declarant further intends to ensure the attractiveness of the Property, including the residences and other improvements constructed on it to prevent any future impairment of the
Property and to guard against the construction on the Property of improvements of improper or
unsuitable materials or with improper quality or methods of construction, to protect and enhance the values and amenities of the Property; to provide for the operation, administration, use and maintenance of the common areas within the Property; to preserve, protect and enhance the values and amenities of the Property; and to promote the health safety and welfare of the owners of the
Property.
Section 1.3. Imposition of Covenants. To accomplish the purposes indicated above, the Declarant hereby declares that from the date of recording this Declaration forward, the Property will constitute a planned community known as The Reserve at Johnson Ranch, and will be held,
sold, and conveyed subject to the following covenants, conditions, restrictions and easements
(collectively, these "Covenants"). These Covenants will run with the land and will be binding upon all persons or entities having any right, title, or interest in all or any part of the Property (including Declarant) and their heirs, successors, and assigns, and their tenants, employees, guests, and invitees. These Covenants will inure to the benefit of each owner of the Property.
ARTICLE 2 DEFINITIONS The following terms, as used in this Declaration, are defined as follows:
Section 2.1. "Annual Assessment" means the Assessment levied annually pursuant to Section 9.3. Section 2.2. "Architectural Review Committee" means the committee formed pursuant
to Article 6 to maintain the quality and architectural harmony of improvements in The Reserve at
Johnson Ranch. Section 2.3 "Articles” or "Articles of Incorporation" means the Articles of Incorporation of The Reserve at Johnson Ranch Property Owner’s Association, Inc., a Montana
non-profit corporation, which were filed with the Montana Secretary of State's office on
_______________, as such Articles, may be amended from time to time. Section 2.4 "Assessments" means the Annual, Special and Default Assessments levied pursuant to Article 9 to meet the estimated cash requirements of the Association.
Section 2.5. "Association" means The Reserve at Johnson Ranch Property Owner’s Association, Inc., a Montana non-profit corporation, and any successor of that entity by whatever name. The Declarant reserves the right to, but is not obligated to, create separate associations of the commercial lot owners as well as a master association with over-arching jurisdiction over the
other associations. Declarant reserves the right to structure all associations of The Reserve at
Johnson Ranch property Owners in the manner Declarant believes best serves the interests of The Reserve at Johnson Ranch.
DECLARATION OF COVENANTS. CONDITIONS, RESTRICTIONS AND EASEMENTS
FOR THE RESERVE AT JOHNSON RANCH (SINGLE-FAMILY RESIDENTIAL) PAGE 3
Section 2.6. "Bylaws" means the bylaws of the Association which establish the methods
and procedures of its operation, as such bylaws may be amended from time to time.
Section 2.7. "The Reserve at Johnson Ranch Documents" means the basic documents creating and governing The Reserve at Johnson Ranch, including, but not limited to, this Declaration, the Articles of Incorporation and Bylaws, the Design Guidelines and any other
procedures, rules, regulations or policies adopted under such documents by the Association, all as
may be amended from time to time. Section 2.8. "The Reserve at Johnson Ranch Rules" means the rules and regulations adopted by the Association from time to time.
Section 2.9. "Common Area" means all of the areas shown as parks and common areas, depicted on the Final Plat or Plats of The Reserve at Johnson Ranch, records of Flathead County, Montana, and any other property in which the Association owns an interest for the common use, benefit and enjoyment of the Members.
Section 2.10. "Common Expenses" means (i) premiums for the insurance carried by the Association under Article 9; (ii) all other expenses incurred by the Association in administering, servicing, conserving, managing, maintaining, repairing or replacing the Common Area and any Improvements located on it; (iii) all expenses expressly declared to be Common Expenses by The
Reserve at Johnson Ranch Documents; (iv) all expenses lawfully determined to be Common
Expenses by the Board of Directors; and (v) all expenses to be allocated among the Owners as provided in Article 9. Section 2.11. "Declarant" means The Reserve at Johnson Ranch, LLC, or its successors
or assigns, including any Successor Declarant.
Section 2.12. "Default Assessment" means any Assessment levied by the Association pursuant to Section 9.5 below.
Section 2.13. "Design Guidelines" means the guidelines and rules published and amended
and supplemented from time to time by the Architectural Review Committee. Section 2.14. "Development Rights" is defined in Section 11.1.2.
Section 2.15. "Expansion Property" means such additional real property owned at the
time of the execution of this Declaration, or in the future acquired, by The Reserve at Johnson Ranch, LLC, the Declarant named herein, or any Successor Declarant as such Declarant or Successor Declarant may make subject to the provisions of this Declaration, by duly recorded Declaration of Annexation and are not covered by this Declaration or included as part of the
Property at the time of execution of this Declaration.
DECLARATION OF COVENANTS. CONDITIONS, RESTRICTIONS AND EASEMENTS
FOR THE RESERVE AT JOHNSON RANCH (SINGLE-FAMILY RESIDENTIAL) PAGE 4
Section 2.16. "Improvement(s)" means all buildings, parking areas, loading areas, fences, exterior walls, hedges, plantings, lighting, poles, driveways, roads, ponds, lakes, trails, gates, signs,
changes in any exterior color or shape, excavation and all other site work, including, without
limitation, grading, road construction, utility improvements, removal of trees or plantings, and any new exterior construction or exterior improvement which may not be included in the foregoing. "Improvement(s)" does not include turf, shrub, or tree repair or replacement of a magnitude which does not change exterior colors or exterior appearances. "Improvement(s)" does include both
original improvements and all later changes and improvements.
Section 2.17. "Lot" means a parcel of land designated as a lot on any Plat of the Property. Section 2.18. "Operations Fund" means the fund created by Assessments and fees levied
pursuant to Article 9 below to provide the Association with the funds required to carry out its
duties under this Declaration. Section 2.19. "Member" means any person or entity (including a trust) holding membership in the Association.
Section 2.20 “Mortgage” means a mortgage, deed of trust, Montana trust indenture, deed to secure debt, or any other form of security instrument secured by real estate. Section 2.21 “Mortgagee” means a beneficiary or holder of a Mortgage, including the
seller under a contract for deed.
Section 2.22. "Owner" means the owner of record (including Declarant, and including the most recent contract purchaser, but excluding all contract sellers) whether one or more persons or entities, of fee simple title to any Lot or, if the Lot is subject to one or more contracts for deed, the
owner of the purchaser's interest in the most recent contract for deed, but "Owner" does not mean
or refer to any person or entity who holds such interest merely as security for the performance of a debt or other obligation, including a Mortgage, unless and until such person or entity has acquired fee simple title pursuant to foreclosure or other proceedings.
Section 2.23. "Period of Declarant Control” means the period beginning on the date this
Declaration is first recorded in the office of the Clerk and Recorder of Flathead County, Montana, and ending on the date which is forty (40) years later. The Declarant at any time may terminate its period of control by giving ninety (90) days’ written notice to the Board of Directors.
Section 2.24. "Person" means a natural person, a corporation, a partnership, a limited
liability company, an association, a trust or any other entity or combination of the foregoing. Section 2.25. “Pets” means domesticated animals including but not limited to dogs, and cats, and specifically excludes poultry, fowl, and livestock animals.
Section 2.26. "Plat" means any survey or surveys of all or part of the Property, together with such other diagrammatic plans and information regarding the Property as may be required by
DECLARATION OF COVENANTS. CONDITIONS, RESTRICTIONS AND EASEMENTS
FOR THE RESERVE AT JOHNSON RANCH (SINGLE-FAMILY RESIDENTIAL) PAGE 5
applicable law, or as may be included in the discretion of Declarant, as each such survey may be amended and supplemented from time to time, and all as recorded in the office of the Clerk and
Recorder of Flathead County, Montana.
Section 2.27. "Property" means and includes the property described in Section 1.1 and initially subjected to this Declaration, and also refers to any additional real property that may be incorporated in the Project from time to time and made subject to these Covenants pursuant to the
provisions of this Declaration.
Section 2.28. "Special Assessment" means an Assessment levied pursuant to Section 9.4 below.
Section 2.29. "Special Declarant Rights" is defined as set forth in Section 11.1 below.
Section 2.30. "Successor Declarant” means any person or entity to whom Declarant assigns any or all of its rights, obligations or interest as Declarant, as permitted by Section 17.7 and evidenced by an assignment or deed of record in the office of the Clerk and Recorder of
Flathead County, Montana, designating such party as a Successor Declarant, signed by the
transferor and the transferee. Upon such recording, Declarant's rights and obligations under the Declaration will cease and terminate to the extent provided in such document, and all such rights and obligations shall be transferred to and assumed by the Successor Declarant to the extent provided in such document.
ARTICLE 3 EXPANSION AND PLAT Section 3.1. Development Rights. Declarant reserves the right to exercise all
Development Rights in connection with The Reserve at Johnson Ranch subdivision in accordance
with Article 11 below. Section 3.2. Declaration of Boundaries. The boundaries of each Lot are delineated on the Plat, and each Lot is identified by the number noted on the Plat.
Section 3.3. Plat. The Plat will be filed for record in the office of the Clerk and Recorder of Flathead County, Montana. The Plat may be filed as a whole or as a series of Plats from time to time.
ARTICLE 4 ASSOCIATION MEMBERSHIP AND VOTING RIGHTS Section 4.1. Membership. Every Owner, by virtue of being an Owner, and for so long as he is an Owner, will be a Member of the Association. Membership will be appurtenant to and may
not be separated from ownership of any Lot. No Owner, whether one or more persons, will have
more than one membership per Lot owned, but all of the persons owning each Lot will be entitled to rights of membership and of use and enjoyment appurtenant to such ownership. The Declarant
DECLARATION OF COVENANTS. CONDITIONS, RESTRICTIONS AND EASEMENTS
FOR THE RESERVE AT JOHNSON RANCH (SINGLE-FAMILY RESIDENTIAL) PAGE 6
shall be considered an Owner and shall be a Member of the Association with all of the same privileges of the other Owners and Members, except that Declarant shall have such additional
rights as provided in this Declaration. For purposes of assessments, the Declarant shall be exempt
from all forms of assessments imposed pursuant to this Declaration. Section 4.2. Transfer of Membership. An Owner may not transfer, pledge or alienate his membership in the Association in any way except upon the sale or encumbrance of his Lot, and
then only to the purchaser or Mortgagee of his Lot.
Section 4.3. Classes of Membership. The Association will have two classes of voting membership. One class is composed only of the Declarant, which class (and Member) shall be the only one entitled to vote during the Period of Declarant Control. The other class is composed of
all Owners, including Declarant, and shall have voting rights in the Association and under this
Declaration after the Period of Declarant Control, provided that the Declarant shall have such additional rights and responsibilities as expressly provided in this Declaration. Section 4.4. Voting Rights. All Members entitled to vote shall be entitled to one vote on
the Association matters on the basis of one vote for each Lot owned. When more than one person
or entity is an Owner of the same Lot, all such persons or entities will be Members, but they may collectively cast only one vote for each Lot with such vote to be cast in such manner as those multiple Owners may determine among themselves.
Section 4.5. Appointment of Officers and Directors by Declarant. Until the expiration
of the Period of Declarant Control, Declarant shall retain the exclusive powers to vote for, appoint, designate, remove and replace Directors and officers of the Association. ARTICLE 5
POWERS AND DUTIES OF THE ASSOCIATION
Section 5.1. Association Management Duties. Subject to the rights and obligations of Declarant as set forth in this Declaration, the Association will be responsible for the administration and operation of the Association and for all matters as provided in The Reserve at Johnson Ranch
Documents. The Board of Directors will exercise for the Association all power, duties and
authority vested in or obligated to be taken by the Association and not reserved to Declarant or the other Members by this Declaration, or by other applicable law. Section 5.2. Common Area.
5.2.1. Conveyance by Declarant. On or before the expiration of the Period of Declarant Control, Declarant will convey to the Association, by written instrument recorded with the Clerk and Recorder of Flathead County, Montana, the Common Area located on the Property.
5.2.2. Use of Common Area. The Common Area generally is designated by this
Declaration for the common use, benefit and enjoyment of the Owners and their families, tenants, employees, guests and invitees.
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5.2.3. Association's Responsibility for Common Area. The Association, subject to
the rights and obligations of the Owners set forth in this Declaration, will be responsible for the
management, maintenance and control of the Common Area. 5.2.4. Association's Agreements Regarding Common Area. The Association, acting through the Board of Directors, may grant easements, right-of-way, leases, licenses and
concessions through or over the Common Area without the independent approval by the Owner.
Without limiting the generality of the foregoing, the Association may grant such rights to suppliers of utilities serving the Project or property adjacent to the Project, and to developers or owners of property adjacent to the Project for the purpose of accommodating minor encroachments onto the Common Area or other purposes that do not unreasonably interfere with the use and enjoyment of
the Common Area by the Owners.
Section 5.3. Delegation by the Association. 5.3.1. Committees. The Association may delegate any of its rights, duties or
responsibilities to any committee or other entity (in addition to the Architectural Review
Committee) that the Board may choose to form. 5.3.2. Limitation. Any delegation by the Board under this Section is subject to compliance with the Bylaws and the requirement that the Board, when so delegating, will not be
relieved of its responsibilities under The Reserve at Johnson Ranch Documents.
Section 5.4. Books and Records. The Association will make available for inspection by Owners and Mortgagees, upon request, during normal business hours or under other reasonable circumstances, current copies of The Reserve at Johnson Ranch Documents, and the books,
records, and financial statements of the Association prepared pursuant to the Bylaws.
Section 5.5. Successor to Declarant. The Association will succeed to all the rights, duties, and responsibilities of the Declarant under this Declaration upon termination of the Period of Declarant Control.
ARTICLE 6 ARCHITECTURAL REVIEW COMMITTEE Section 6.1. Committee. There is hereby established an Architectural Review
Committee, which will be responsible for the review and approval of all proposed Improvements
on the Lots. Section 6.2. Committee Membership. The Architectural Review Committee will be composed of three or more persons. All of the members of the Architectural Review Committee
will be appointed, removed, and replaced by Declarant, in its sole discretion, until the expiration
of the Period of Declarant Control or such earlier time as Declarant may elect to voluntarily waive this right by notice to the Association, and at that time the Board of Directors will succeed to
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Declarant's right to appoint, remove, or replace the members of the Architectural Review Committee. Members of the Architectural Review Committee are not required to be Members of
the Association.
Section 6.3. Purpose and General Authority. No Improvements will be erected, placed, reconstructed, replaced, repaired or otherwise altered, nor will any construction, repair or reconstruction be commenced until plans for the Improvements have been approved by the
Architectural Review Committee; provided, however, that Improvements that are completely
within a building may be undertaken without such approval. The Owner shall submit a detailed site plan and elevations showing the design, location, material, color and exterior finish of proposed Improvements to the Architectural Review Committee. All improvements will be constructed only in accordance with approved plans.
Section 6.4. Design Guidelines. The Architectural Review Committee may publish Design Guidelines which set forth the procedures and criteria for review of Improvements to be constructed on any Lot, and for review of landscaping plans. Failure to follow procedures or criteria set forth in the current published Design Guidelines shall form an adequate basis for
rejection of the submitted site plan and elevations; provided, however, that this requirement shall
not be construed as preventing the Declarant or the Architectural Review Committee, at their option, from waiving or amending the Design Guidelines at any time or with respect to any application. Failure to follow such procedures or criteria set forth in the Design Guidelines shall also be deemed a breach of this Declaration by such Owner and shall entitle the Association or the
Architectural Review Committee to exercise and pursue the rights and remedies provided herein
with respect to such breach. Section 6.5. Failure to Act. In the event the Architectural Review Committee fails to approve or disapprove the design, location, material, color and exterior finish of proposed
Improvements within thirty (30) days after the detailed site plan and elevations have been
submitted to it, approval shall not be required, and such Owner shall be deemed in compliance with this Article. Any plans, elevations and proposals so approved, either expressly in writing or by the expiration of the thirty-day period herein above provided, shall then permit the Owner to commence construction in accordance with said plans and elevations, but any deviation from said
plans and elevations which in the judgment of said Architectural Review Committee is a
substantial detriment to the appearance of the structure or of the surrounding area shall be corrected to conform with the plans and elevations as submitted. Section 6.6. Committee Discretion. The Architectural Review Committee will exercise
its best judgment to see that all Improvements conform and harmonize with any existing structures
as to external design, quality and type of construction, materials, color, location on the Lot, height, grade and finished ground elevation, and the schemes and aesthetic considerations set forth in the Design Guidelines and the other The Reserve at Johnson Ranch Documents. The Architectural Review Committee, in its sole discretion, may excuse compliance with such requirements as are
not considered necessary or appropriate in specific situations and may permit compliance with
different or alternative requirements.
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Section 6.7. Binding Effect. The actions of the Architectural Review Committee in the exercise of its discretion by its approval or disapproval of plans and other information submitted
to it, or with respect to any other matter before it, will be conclusive and binding on all interested
parties. Section 6.8. Organization and Operation of Architectural Review Committee.
6.8.1. Term. The term of office of each member of the Architectural Review
Committee will be one year, commencing January 1 of each year, and continuing until his successor shall have been appointed. Should an Architectural Review Committee member die, retire or become incapacitated, or in the event of a temporary absence of a member, a successor may be appointed as provided in Section 6.2.
6.8.2. Chairman. So long as Declarant appoints the Architectural Review Committee, Declarant will appoint the chairman. At such time as the Architectural Review Committee is appointed by the Board of Directors, the chairman will be elected annually from among the members of the Architectural Review Committee by a majority vote of the members
thereof. In the absence of a chairman, the party responsible for appointing or electing the chairman
may appoint or elect a successor, or if the absence is temporary, an interim chairman. 6.8.3. Operations. The Architectural Review Committee chairman will take charge of and conduct all meetings and will provide for reasonable notice to each member of the
Architectural Review Committee prior to any meeting. The notice will set forth the time and place
of the meeting, and notice may be waived by any member. 6.8.4. Voting. The affirmative vote of a majority of the members of the Architectural Review Committee will govern its actions and be the act of the Architectural Review
Committee.
Section 6.9. Other Requirements. Compliance with The Reserve at Johnson Ranch architectural review process is not a substitute for compliance with City of Kalispell building, zoning and subdivision regulations, and each Owner is responsible for obtaining all approvals,
licenses, and permits as may be required by The City of Kalispell or other state or local authorities
prior to commencing construction. Section 6.10. Enforcement.
6.10.1. Inspection. Any member or authorized consultant of the Architectural
Review Committee, or any authorized officer, Director, employee or agent of the Association may enter upon any Lot at any reasonable time after notice to the Owner, without being deemed guilty of trespass, in order to inspect Improvements constructed or under construction on the Lot to determine whether the Improvements have been or are being built in compliance with The Reserve
at Johnson Ranch Documents and the plans and specifications approved by the Architectural
Review Committee.
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6.10.2. Deemed Nuisances. Every violation of these Covenants is hereby declared to be and to constitute a nuisance, and every public or private remedy allowed for such violation
by law or equity against a Member will be applicable. Without limiting the generality of the
foregoing, these Covenants may be enforced as provided below. (i) Fines for Violations. The Architectural Review Committee may adopt a schedule of fines for failure to abide by the Architectural Review
Committee rules and the Design Guidelines, including fines for failure to
obtain any required approval from the Architectural Review Committee. (ii) Injunction for Removal of Nonconforming Improvements. The Association may, upon request of the Architectural Review Committee and
after reasonable time after notice to the Owner, seek an injunction or other
judicial relief to remove any Improvement constructed, reconstructed, refinished, altered, or maintained in violation of these Covenants. The Owner of the Improvements waives any requirement for the Association to post a bond in connection with the granting of an injunction. The Owner of
the Improvement will immediately reimburse the Association for all
expenses incurred in connection with the exercise of such remedy, including but not limited to attorney and legal assistant fees. If the Owner fails to reimburse the Association within thirty (30) days after the Association gives the Owner notice of the expenses, the sum owed to the Association will bear
interest at the maximum rate permitted under Montana law from the date
the expense was incurred by the Association through the date of reimbursement in full, and all such sums and interest will be a Default Assessment enforceable as provided in Article 9.
Section 6.11. Continuity of Construction. All Improvements commenced on the Property
will be prosecuted diligently to completion. If an Improvement is commenced and construction is then abandoned for more than ninety (90) days, or if construction is not completed within the required twelve-month period described below in Section 7.4, then after notice and opportunity for hearing as provided in the Bylaws, the Association may impose a fine of not more than $50.00
per day to be charged against the Owner of the Lot until construction is resumed, or the
Improvements are completed, as applicable. Section 6.12. Standard of Review; Non-liability for Approval or Disapproval. In reviewing any Plans, the Architectural Review Committee may consider without limitation:
(a) Suitability of the Construction and materials to the site upon which it is to be located; (b) The nature of what has already been constructed or otherwise exists on the
adjacent or neighboring property;
(c) The quality of the materials to be utilized in any proposed Construction;
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(d) The effect of any proposed Construction on the adjacent or neighboring
property;
(e) Whether the Construction will be so similar or so dissimilar to other property in the vicinity that values, monetary or aesthetic, may be impaired; and
(f) The character of the area.
In reviewing the Plans, the Architectural Review Committee assumes no responsibility and/or liability for engineering design, including, but not limited to, structural engineering, or compliance with zoning and building codes or laws. The Architectural Review Committee, the
Declarant, the Board of Directors, and any members, officers, directors, employees, agents,
attorneys, consultants, and independent contractors shall each not be liable in damages or otherwise for any reason including, but not limited to, any mistake in judgment, negligence, or nonfeasance arising out of or in connection with the review, approval or disapproval of any Plans.
ARTICLE 7 PROPERTY USE RESTRICTIONS Section 7.1. General Restriction. The Property will be used only for the purposes set forth in these Covenants, as permitted by the applicable regulations of the City of Kalispell and
any other local governing body, and the laws of the State of Montana and the United States, and
as set forth in The Reserve at Johnson Ranch Documents or other specific recorded covenants affecting all or any part of the Property. Section 7.2. Single-Family Residence. Upon obtaining the approval of the Architectural
Review Committee, one single-family residence may be built on each single-family Lot. Construction of the residence must be started within thirty-six (36) months of closing, unless otherwise provided for by the Declarant. Section 7.3. Further Subdivision. Other than Lots owned by the Declarant, no Lot shall
be further subdivided. Section 7.4. Temporary Buildings, Square Footage, etc. No temporary building, shack, tent, house trailer, mobile home or modular structure shall be located on any Lot. All construction, including landscaping, must be completed within twelve (12) months from the commencement of
construction. All residences must be of new construction, built on-site, and shall contain a minimum of 1,300 square feet of finished living space above grade, exclusive of garages, decks, porches or basements. All two-level residences must contain no less than 900 square feet of living space on the first level, exclusive of attached garages, basements, decks, and porches. All residences must have an attached garage of at least 400 square feet unless otherwise approved by
the Architectural Review Committee.
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Section 7.5. Roofs, Siding and Colors. It is expected that all elevations will not only take advantage of the view from within the residence, but will provide pleasant views from all
surrounding areas. All side and rear elevations are expected to be articulated to break up the façade
into smaller elements, as well as adding the richness of shade and shadow. Large blank walls will not be allowed. Failure to provide adequate articulation and richness may be grounds for rejection of the design by the Architectural Review Committee.
Roof shape and character is important to avoid vertical monotony. Slopes of 6/12
or greater are to be considered for dominant roof elements and gable ends. Gentler roof pitches can be integrated for background and less conspicuous connections. Alternative configurations may also be considered to balcony roofs and dormers of all sizes as these contribute to the human scale. This is encouraged to provide a texture and an apparent reduction of the built mass. All
overhangs and projections shall be a minimum of 16" with 24" preferred.
The Architectural Review Committee strongly recommends that sloping roofs be designed as sheltering and shading elements, normally with broad overhangs and strong shadow lines. Thin edges or thin fascias should be avoided. Sloped roof materials should be textural with very dark or
deep color tones.
Roof surfaces must be non-reflective and, in the opinion of the Architectural Review Committee, not visually objectionable from neighboring properties and roads.
The composition of roof forms should be carefully considered. No continuous ridgelines
should exceed forty (40) feet. Changing the ridge direction, offsets or major roof projections should be used to break ridgelines. Fascia boards are required. Rafters shall not be exposed. Wood with the look of substance is required unless otherwise approved.
The placement of the various pipes and vents that penetrate the roof should be considered.
Combine them in the attic space and project through roof in a common enclosed stack when possible. Where it is practical, place stacks on the roof away from the side of greatest visibility. All roof vents are to be colored to match the dominant roofing material.
Colors
• Non-reflective materials are to be used, including non-reflecting glazing • Color selections shall range from white or off-white to weathered driftwood (a very light gray) through to light brown, green or related tones. The use of blue may be
allowed in certain shades.
• Materials for roofs may be sculpted architectural asphalt, flat concrete or fiber- cement tile, slate or other cut stone only. Metal roofs are not permitted. • Materials for walls may be stained wood or wood, painted fiber-cement lap siding and stone. Colored stucco may be incorporated for very small area as an accent
only. Stucco colors are to be deeply toned rich warm grays, greens and browns;
light or soft reflective tones are not acceptable.
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Section 7.6. Landscaping, Drainage, Grading and Irrigation. Immediately after construction, all disturbed ground must be landscaped. All lots must have underground irrigation
systems. Residences should be designed to fit the existing topography of the property without
excessive manipulation of the site by cut or fill. Changes in the natural grade by cutting or filling for structures, walks and driveways must be kept to a minimum to preserve the existing landform. Owners shall be responsible for irrigation, maintenance and upkeep of all boulevards that are adjacent to their property.
General siting and grading principles are as follows: • The finish grade around the residence and any site walls should remain as close as possible to the original natural grade.
• Grading may be done outside the landscaping for driveway access and site drainage.
• Screen walls, walls not supporting a building structure or retaining earth, may not exceed six (6) feet in height measured from finish grade along the exterior side of the enclosure.
A landscaping plan for each building Lot shall be submitted to the Architectural Review
Committee for approval. Landscaping of the entire Lot shall be complete within ninety (90) days of occupancy or unless otherwise approved by the Architectural Review Committee in writing. In the event that soil must be imported or exported from the Lot, the Lot Owner will be
responsible for this cost. Import soils scheduled for use as landscape topsoil may be subject to an
agricultural soil analysis at the discretion of the Architectural Review Committee. The following building Lot landscape design criteria are provided to enhance the definition of each home site. The primary goal is to protect and maximize individual property values through
the implementation of a generous landscape design. These criteria must be met to successfully
receive the approvals required by the Architectural Review Committee. Drainage of individual properties must work with the existing topography and be directed toward the natural open space or drainage systems, developed in conjunction with the roadways.
The Front Yard/Streetscape Zone is the area nearest to the neighborhood street and includes boulevard area to the back of curb and is normally at the front of the property. On corner Lots this zone also extends down the side of the property parallel to the street. The landscape requirements for the front yard are:
• Minimum one (1) City Tree per Lot. • Lawn area to be sodded with underground irrigation systems. The Side/Rear Yard includes the transitional side yard area and "backyard" area adjacent
to another lot or the street. The landscape requirements are:
• Lawn area to be sodded with underground irrigation systems.
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Landscape areas that require irrigation should conform to the following:
• Buried PVC sprinkler system or the utilization of drip irrigation systems; • Sprinklers and nozzles selected to provide water to the landscape that are compatible with their respective soils, slopes, exposure, orientation and plant types; • Utilization of an automatic control system; and
• No overthrowing of irrigation water onto public roadways, sidewalks, neighboring
homes, or trails is permitted. Section 7.7. Storage Vehicles, etc. All automobile, trailers and boat storage shall be within the side property setback and the garage. Fencing and/or heavy landscaping is required to
soften this impact and must be approved by the Architectural Review Committee. Fencing will be
the primary consideration. No vehicle, boat or trailer shall be allowed to park overnight in the right of way. No, trailers, recreational vehicles, or watercraft of any kind, nor storage shed, tent, recreational equipment or any type of modular structure, may be parked on driveways except briefly for purposes of loading and unloading.
Section 7.8. Signs. Other than signs advertising Lots or residences for sale or rent, no sign, billboard or advertising structure of any kind shall be erected, used or maintained on the Property. Signs shall be no larger than twenty-four (24) square inches.
Section 7.9. Driveways. All driveways shall be concrete from the street to the garage
and only one driveway entrance off the street will be permitted for each lot unless otherwise approved by the Architectural Review Committee. Lot owners are responsible to provide six (6) inch concrete to the street.
Section 7.10. Commercial Activity. No profession, business, manufacturing, trade or
commercial activity may be conducted on any Lot except home occupations as defined by City ordinance and which do not significantly increase traffic within The Reserve at Johnson Ranch. Notwithstanding the foregoing, no Owner shall operate any daycare, pre-school or other child or person care facility on their Lot. No Owner shall lease or rent their Lot for terms less than thirty
(30) days (“Short-Term Rentals”), including, but not limited to, VRBOs, AirBnB’s, or any other
Short-Term Rentals will be allowed on any Lot. Section 7.11. Maintenance. All Improvements located on any Lot shall be maintained in the same condition as at the time of initial construction, normal wear and tear excepted. All
Improvements shall be preserved and of a pleasant appearance by maintaining paint, stain or sealer
as needed. If any Improvement or landscaping is damaged or destroyed, the Owner shall promptly rebuild, repair and restore it to its appearance and condition prior to the casualty. Reconstruction or repair shall be completed within nine (9) months of any casualty that damaged or destroyed the Improvement or landscaping.
Section 7.12. Fences, Gates, Screening, Hot Tubs, etc. All fences, gates, and screening shall be a maximum of six (6) feet in height and can extend from the rear property corner to within
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five feet of the face of the residence or garage. All rear property line fences shall be a maximum of six (6) feet in height. Consideration as to the storage of parking of vehicles, trailers and boats is
essential. All above-ground garbage and trash containers, mechanical equipment, and other
outdoor maintenance and service facilities must be completely screened from adjacent lots, streets, or common spaces by walls, fences and gates, at least one (1) foot higher than the equipment, but not to exceed six (6) feet in height. The Declarant reserves the right to change the standards for fences. Fences, hot tubs, pools, etc. must be approved by the Architectural Review Committee.
Section 7.13. Utilities and Lighting. All utilities shall be buried underground. There shall be no exterior antennas except for small satellite dishes, which shall be unobtrusive. Exterior lighting shall not be directed at neighboring Lots, extend beyond the boundaries of the Owner’s Lot, or impair the neighbors' use or enjoyment of their Lots.
Section 7.14. Pets. 7.14.1 Dog runs and animal pens must be enclosed and approved by the Architectural Review Committee. To protect birds and wildlife, dogs and cats must be
accompanied and on a leash at all times when not on the Owner’s Lot, and will be expected to be
cleaned up after when outside the Lot. Plastic baggies work well, but cannot be put in the sewer. 7.14.1. No Owner shall have or keep any dog which barks or whines on regular or continuous basis, or which otherwise creates an ongoing disturbance for any other Owner.
Section 7.15. Nuisances. No noxious or offensive activity shall be carried out upon any Lot, nor shall anything be done thereon which is or which may become an annoyance or nuisance to other Owners.
Section 7.16. Landscape Maintenance and Irrigation. All yards and landscaping shall be
maintained and shall not be allowed to become unsightly. Lawns shall be mowed on a regular basis. All weeds, including noxious weeds, shall be eradicated or controlled and all Owners shall fully comply with state and local law regarding the control and eradication of noxious weeds. Undeveloped Lots must be mowed at least twice each year and may not be used as a dumping area
for trimmings or grass clippings.
Section 7.17. Garbage. No Lot shall be used or maintained as a dump site or storage ground for rubbish, trash, garbage, junk vehicles, equipment or other waste. All garbage and other waste shall be removed as reasonably necessary.
ARTICLE 8 OWNER'S OBLIGATIONS FOR MAINTENANCE Section 8.1. Owner's Responsibility for Lot. All maintenance of a Lot and the
Improvements located on it will be the sole responsibility of the Owner of the Lot. The Association
may, in the discretion of the Board, assume the maintenance responsibilities of such Owner, if, in the opinion of the Board, the level and quality of maintenance being provided by such Owner is
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not satisfactory. Before assuming the maintenance responsibilities, the Board will notify the Owner in writing of its intention to do so, and if the Owner has not commenced and diligently
pursued remedial action within thirty (30) days after the mailing of such written notice, then the
Association may proceed. The expenses of the maintenance by the Board will be reimbursed to the Association by the Owner within thirty (30) days after the Association notifies the Owner of the amount due, and any sum not reimbursed within that thirty (30) day period will bear interest at the maximum rate permitted under Montana law from the date of the expenditure until payment in
full.
Section 8.2. Owner’s Negligence. If the need for maintenance, repair or replacement of any portion of the Common Area (including Improvements located on it) arises because of the negligent or willful act or omission of an Owner or his family member, guest, invitee or tenant,
then the expenses incurred by the Association for the maintenance, repair or replacement will be
a personal obligation of that Owner. If the Owner fails to repay the expenses incurred by the Association within thirty (30) days after the notice to the Owner of the amount owed, then those expenses will bear interest at the maximum rate permitted under Montana law from the date of the advance by the Association until payment by the responsible Owner is paid in full.
ARTICLE 9 ASSESSMENTS Section 9.1. Creation of Lien and Personal Obligation for Assessments. Except as
otherwise provided by this Declaration, each Owner of a Lot (for each Lot owned within the
Property), by accepting a deed for a Lot, is deemed to covenant to pay to the Association (1) the Annual Assessments imposed by the Board of Directors as necessary to generally carry out the functions of the Association; (2) Special Assessments for capital improvements and other purposes as stated in this Declaration; and (3) Default Assessments which may be assessed against a Lot
pursuant to The Reserve at Johnson Ranch Documents for the Owner’s failure to perform an
obligation under The Reserve at Johnson Ranch Documents or because the Association has incurred an expense on behalf of or caused by the Owner under The Reserve at Johnson Ranch Documents.
Notwithstanding the ownership of any Lot, the Declarant shall not be obligated to pay any
of the Assessments described in this Declaration. All Assessments, together with fines, interest, costs, and reasonable attorney’s (and legal assistants’) fees will be a charge on the land and will be a continuing lien upon the Lot against
which each such Assessment is made until paid.
Each Assessment, together with fines, interest, costs, and reasonable attorney’s fees and costs, will also be the personal and individual obligation of the Owner of such Lot as of the time the Assessment falls due, and two or more Owners of a Lot will be jointly and severally liable for
such obligations. No Owner may exempt himself from liability for any Assessments by
abandonment of his Lot or by waiver of the use or enjoyment of the Common Area. Suit to recover
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a money judgment for unpaid Assessment and related charges as listed above may be maintained without foreclosing or waiving the Assessment lien provided in this Declaration.
Section 9.2. Purpose of Assessments. The Assessments levied by the Association will be used for all purposes provided for in The Reserve at Johnson Ranch Documents, including but not limited to promoting the recreation, health, safety and welfare of the Owners and occupants of The Reserve at Johnson Ranch.
Section 9.3. Annual Assessments. 9.3.1. Calculation of Annual Assessments. The Board of Directors will prepare a budget before the close of each fiscal year of the Association. Annual Assessments for Common
Expenses will be based upon the estimated net cash flow requirements of the Association to cover
items including, without limitation, the cost of routine maintenance, repair and operation of the Common Area; and premiums for insurance coverage as deemed desirable or necessary by the Association; snow removal, landscaping, care of grounds and common lighting within the Common Area; routine renovations within the Common Area; wages; common water and utility
charges for the Common Area; legal and accounting fees; expenses and liabilities incurred by the
Association under or by reason of this Declaration; payment of any deficit remaining from a previous Assessment period; and the supplementing of the reserve fund for general, routine maintenance, repairs and replacement of improvements within the Common Area on a periodic basis, as needed. Assessments shall be fixed at a uniform rate for all Lots. Assessments shall be
divided by the number of Lots in the Association. Each Lot shall bear its pro rata share.
9.3.2. Collection. Annual Assessments will be collected in periodic installments as the Board may determine from time to time; but until the Board directs otherwise, they will be payable annually in advance on the date determined by the Board. The omission or failure of the
Association to fix the Annual Assessment period will not be deemed a waiver, modification or
release of the Owners from their obligation to pay the same. Section 9.4 Special Assessments.
9.4.1. Determination by Board. The Board of Directors may levy, in any fiscal
year, one or more Special Assessments, applicable to that year only, for the purpose of defraying, in whole or in part, the cost of any construction or reconstruction, repair or replacement of a described capital improvement upon the Common Area, including the necessary fixtures and personal property related thereto, or, after adopting and submitting a revised budget to the
Association, as may be required to make up any shortfall in the current year’s budget.
9.4.2. Apportionment and Collection of Special Assessments. The Board will apportion Special Assessments among the Lots as set forth in Annual Assessments in Section 9.3.1, and collect payment according to the same guidelines as set forth for Annual Assessments in
Section 9.3.2.
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9.4.3. Notice. Notice of the amount and due dates for such Special Assessments must be sent to each Owner at least thirty (30) days prior to the due date.
Section 9.5. Default Assessments. All monetary fines, penalties, interest or other charges or fees (excluding Annual and Special Assessments) levied against an Owner pursuant to The Reserve at Johnson Ranch Documents, or any expense of the Association which is the obligation of an Owner or which is incurred by the Association on behalf of the Owner pursuant to The
Reserve at Johnson Ranch Documents, and any expense (including without limitation attorneys’
fees and costs) incurred by the Association as a result of the failure of an Owner to abide by The Reserve at Johnson Ranch Documents, constitutes a Default Assessment, enforceable as provided in this Declaration below.
Section 9.6. General Remedies of the Association for Nonpayment of Assessment. Any
installment of an Annual Assessment, Special Assessment or Default Assessment which is not paid within thirty (30) days after its due date will be delinquent. In the event that an installment of an Annual Assessment or Special Assessment becomes delinquent, or in the event any Default Assessment is established under this Declaration, the Association, in its sole discretion, may take
any or all of the following actions:
9.6.1. Assess a late charge for each delinquency at uniform rates set by the Board of Directors from time to time;
9.6.2. Charge interest from the date of delinquency at the maximum rate permitted
under Montana law; 9.6.3. Suspend the voting rights of the Owner during any period of delinquency;
9.6.4. Accelerate all remaining Assessment installments for the fiscal year in
question so that unpaid Assessments for the remainder of the fiscal year will be due and payable at once; 9.6.5. Bring an action at law or equity against any Owner personally obligated to
pay the delinquent Assessment charges;
9.6.6. File a statement of lien on the Lot and foreclose as set forth in more detail below.
9.6.7. For a delinquent Assessment related to the provision of utilities, the utility
service to the Lot may be suspended after giving the Owner ten (10) days’ written notice that the service will be suspended unless the delinquent Assessment is paid. The remedies provided under this Declaration will not be exclusive, and the Association may
enforce any other remedies to collect delinquent Assessments as may be provided by law.
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Section 9.7. Assessment Lien. Any Assessment chargeable to a Lot will constitute a lien on the Lot, effective the due date of the Assessment. To evidence the lien, the Association may,
but will not be obligated to, prepare a written lien statement with respect to the Lot, setting forth
the name of the Owner, the legal description of the Lot, the name of the Association, and the delinquent Assessment amounts then owing. Any such statement will be duly signed and acknowledged by an officer or Director of the Association and will be served upon the Owner of the Lot by mail to the address of the Lot or at such other address as the Association may have in
its records for the Owner. At least ten (10) days after the Association mails the statement to the
Owner, the Association may record the lien statement in the office of the Clerk and Recorder of Flathead County, Montana. Thirty (30) days following the recording of the lien statement in the office of the Clerk and Recorder of Flathead County, Montana, the Association may proceed to foreclose the statement of lien in the same manner as provided for the foreclosure of mortgages
under the statutes of the State of Montana.
Section 9.8. Successor 's Liability for Assessment. All successors to the fee simple title of a Lot, except as provided in Section 9.9, will be jointly and severally liable with the prior Owner or Owners thereof for any and all unpaid Assessments, interest, late charges, costs, expenses, and
attorney's and legal assistants' fees against such Lot without prejudice to any such successor's right
to recover from any prior Owner any amounts paid by such successor. Section 9.9 Exempt Property. The following portions of the Property will be exempt from the Assessments, charges, and liens created under the Declaration:
9.9.1. Any Lot owned by Declarant; and 9.9.2. Common Areas.
Section 9.10. Statement of Status of Assessments. The Association will furnish to an
Owner or his designee or to any Mortgagee, within fourteen days of request, a statement setting forth the amount of unpaid Assessments then levied against the Lot in which the Owner, designee or Mortgagee has an interest.
Section 9.11. Failure to Assess. The omission or failure of the Board to fix the
Assessment amounts or rates or to deliver or mail to each Owner an Assessment notice will not be deemed a waiver, modification or a release of any Owner from the obligation to pay Assessments. In such event, each Owner will continue to pay Annual Assessments on the same bases as for the last year for which an Assessment was made until a new Assessment is made, at which time any
shortfalls in collections may be assessed retroactively by the Association.
ARTICLE 10 PROPERTY RIGHTS OF OWNERS
Section 10.1 Owner's Easements of Access and Enjoyment. Every Owner has a perpetual,
non-exclusive easement for ingress, egress and utilities to and from his Lot and for the use and
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enjoyment of the Common Area, which easement is appurtenant to and will pass with the title to every Lot, subject to the provisions set forth in this Declaration.
Section 10.2. Delegation of Use. Any Owner may delegate, in accordance with The Reserve at Johnson Ranch Documents, its rights of access and enjoyment described in Section 10.1 above to its tenants, employees, family, guests or invitees.
Section 10.3. Easements of Record and of Use. The Property will be subject to all
easements shown on any recorded Plat and to any other easements of record or of use as of the date of recordation of this Declaration. ARTICLE 11
SPECIAL DECLARANT RIGHTS AND ADDITIONAL RESERVED RIGHTS
Section 11.1. General Provisions. Until the expiration of the Period of Declarant Control, Declarant will have the following Special Declarant Rights:
11.1.1. Completion of Improvements. The right to complete Improvements as
indicated on any Plat filed with respect to the Property. 11.1.2. Development Rights. The right to exercise all Development Rights in connection with the development of The Reserve at Johnson Ranch Project, including without
limitation the right or combination of rights hereby reserved by Declarant, as follows: (i) the right
to create Lots and Common Area on the Property; (ii) the right to subdivide Lots, combine Lots, and convert Lots into Common Area on any part of the Property; (iii) the right to withdraw real property from The Reserve at Johnson Ranch; (iv) the right to annex all or part of the Expansion Property to the Project, in accordance with Article 12; and/or (v) the right to do all things necessary
to complete the Project consistent with law.
11.1.3. Sales Activities. The right to maintain sales and management offices, signs advertising The Reserve at Johnson Ranch and model residences on the Common Area and on Lots owned by Declarant.
11.1.4. Easements. The right to use easements through the Common Area on the Property for the purpose of making, utilizing, and operating Improvements on the Property. 11.1.5. Association Directors and Officers. The right to vote for, appoint, designate,
remove, and replace any officer or Director of the Association, as provided in this Declaration or
the Bylaws. 11.1.6. Order of Exercise of Declarant's Rights. Declarant makes no representations and gives no assurances regarding the legal description of the boundaries of any
future phases of the Project or the order or time in which the future phases of the Project may be
developed or incorporated into The Reserve at Johnson Ranch, or whether or to what extent any of the Expansion Property will be developed or incorporated into the Project. Further, the fact that
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Declarant may exercise one or more of Declarant's Development Rights or other Special Declarant Rights on one portion of the Property or Expansion Property will not operate to require Declarant
to exercise a Development Right or other Special Declarant Right with respect to any other portion
of the Property or Expansion Property. Section 11.2 Supplemental Provisions Regarding Declarant's Rights. Without limiting the generality of the foregoing, certain of these Special Declarant rights are explained more fully
in this Article below. Further, Declarant reserves the right to amend this Declaration and any Plat
(including, without limitation, easements created thereby) in connection with the exercise of any Development Right or any other Special Declarant Right, and Declarant also reserves the additional rights retained for the benefit of Declarant in this Article and in other provisions of this Declaration. The Declarant further reserves the right to, but is not obligated to, create separate
associations of the multi-family and commercial lot owners as well as a master association with
over-arching jurisdiction over the other associations. Declarant reserves the right to structure all associations of The Reserve at Johnson Ranch property Owners in the manner Declarant believes best serves the interests of The Reserve at Johnson Ranch.
Section 11.3. Utility Easements. There is hereby created an easement upon, across, over,
in, and under the Common Area, roadways and the areas designated on the final Plat or Plats of The Reserve at Johnson Ranch as utility easements for the installation, replacement, repair and maintenance of all utilities, including but not limited to water, sewer, gas, telephone, electrical, television and other communications systems. By virtue of this easement, it will be expressly
permissible and proper for the companies providing utility services to install and maintain
necessary equipment on and under the Common Area, the private roadways and the areas designated on the final Plat of The Reserve at Johnson Ranch as utility easements and to affix and maintain utility pipes, wires, circuits, conduits and other equipment under those areas. Any utility company using this easement will use its best efforts to install and maintain the utilities provided
for without disturbing the uses of the Owners, the Association and Declarant; will prosecute its
installation and maintenance activities as promptly and expeditiously as reasonably possible; and will restore the surface to its original condition as soon as possible after completion of its work. Should any utility company furnishing a service covered by the easement granted above request a specific easement by separate recordable document, either Declarant or the Association, will have,
and are hereby given, the right and authority to grant such easement upon, across, over, in or under
any part or all of the Common Area, the private roadways and the areas designated on the final Plat or Plats of The Reserve at Johnson Ranch as utility easements without conflicting with the terms of this Declaration. This easement will in no way effect, avoid, extinguish, or modify any other recorded easement on the Property.
Section 11.4. Reservation for Expansion and Construction. Declarant hereby reserves for itself and its successors and assigns and for Owners in all Expansion Property and future phases of The Reserve at Johnson Ranch, a perpetual easement and right-of-way for access over, upon, in, under, and across the Property for construction, utilities, drainage, ingress and egress, and for
use of the Common Area. The location of these easements and rights-of-way may be made certain
by Declarant or the Association by instruments recorded in Flathead County, Montana.
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Declarant further reserves the right to establish from time to time, by declaration or otherwise, utility, drainage, ingress and egress, and other easements over and across the Common
Areas, and to create other reservations, exemptions, and exclusions convenient or necessary for
the use and operation of any other property of the Declarant. The location of these easements may be made certain by Declarant or the Association by instruments recorded in Flathead County, Montana.
Section 11.5. Reservation of Easements, Exceptions and Exclusions for Utilities,
Infrastructure, and Access. Declarant reserves for itself and its successors and assigns and hereby grants to the Association, acting through the Board of Directors, the concurrent right to establish from time to time, by declaration or otherwise, utility and other easements, permits, or licenses over the Common Area, for purposes including but not limited to streets, paths, walkways,
drainage, recreational areas and parking areas, and to create other reservations, exceptions, and
exclusions in the interest of the Owners and the Association. Section 11.6. Maintenance Easement. An easement is hereby reserved to Declarant for itself and its successors and assigns and granted to the Association, and any member of the board
of Directors and their respective officers, agents, employees, and assigns, upon, across, over, in
and under the Property and a right to make such use of the Property as may be necessary or appropriate to make emergency repairs or to perform the duties and functions which the Association is obligated or permitted to perform pursuant to The Reserve at Johnson Ranch Documents.
Section 11.7. Drainage Easement. An easement is hereby reserved to Declarant for itself and its successors and assigns and granted to the Association, its officers, agents, employees, successors and assigns to enter upon, across, over, in, and under any portion of the Property for the purpose of changing, correcting, or otherwise modifying the grade or drainage channels of the
Property so as to improve the drainage of water. Reasonable efforts will be made to use this
easement so as not to disturb the uses of the Owner, the Association and Declarant, as applicable, to the extent possible; to prosecute such drainage work promptly and expeditiously; and to restore any areas affected by such work to a sightly and usable condition as soon as reasonably possible following such work.
Section 11.8. Declarant's Rights Incident to Construction. Declarant, for itself and its successors and assigns, hereby retains a right and easement of ingress and egress over, in, upon, under and across the Common Area and the right to store materials thereon and to make such other use thereof as may be reasonably necessary or incident to the construction of the Improvements
on the Property or other real property owned by The Reserve at Johnson Ranch, LLC or any
Successor Declarant, provided, however, that no such rights will be exercised by Declarant in such a way as to unreasonably interfere with the occupancy, use, enjoyment or access to an Owner's Lot by the Owner or his family, tenants, employees, guests or invitees.
Section 11.9. Easements Deemed Created. All conveyances of Lots hereafter made,
whether by Declarant or otherwise, will be construed to grant and reserve the easements contained
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in this Article, even though no specific reference to such easements or to this Article appears in the instrument for such conveyance.
ARTICLE 12 EXPANSION AND WITHDRAWAL Section 12.1. Reservation of Right to Expand. Declarant reserves the right during the
Period of Declarant Control, but will not be obligated, to expand the effect of this Declaration to
include all or part of the Expansion Property. The consent of the existing Lot Owners and Mortgagees will not be required for any such expansion, and Declarant may proceed with such expansion without limitation at its sole option. Declarant will have the unilateral right to transfer to any other person this right to expand by an instrument duly recorded.
Section 12.2. Declaration of Annexation. Any expansion of the Project may be accomplished by recording a Declaration of Annexation and, when appropriate, one or more supplemental Plats in the records of the Clerk and Recorder of Flathead County, Montana, before the expiration of the Period of Declarant Control. The Declaration of Annexation will describe
the real property to be expanded, submitting it to these Covenants and, as applicable, provide for
voting rights in the Association and Assessment allocations as determined in Declarant’s sole discretion. Such Declaration of Annexation will not require the consent of Owners, the Association, or the Board of Directors; any such expansion will be effective upon the filing for record of such Declaration of Annexation in the real estate records of Flathead County, Montana,
unless otherwise provided therein. The expansion may be accomplished in stages by successive
supplements or in one supplemental expansion. Upon the recordation of any such Declaration of Annexation, the definitions used in this Declaration will be expanded automatically to encompass and refer to The Reserve at Johnson
Ranch as expanded. Such Declaration of Annexation may add supplemental covenants peculiar to
the Expansion Property in question, or delete or modify provisions of this Declaration as it applies to the Expansion Property added. However, this Declaration may not be modified with respect to that portion of the Property already subject to this Declaration, except as provided in this Declaration for amendment.
ARTICLE 13 INSURANCE Section 13.1. Authority to Purchase. All insurance policies relating to the Common Area
will be purchased by the Board of Directors or its duly authorized agent. The Board of Directors
and the Declarant will not be liable for failure to obtain any coverage required by this Article or for any loss or damage resulting from such failure if such failure is due to the unavailability of such coverage from reputable insurance companies, or if such coverage is available only at demonstrably unreasonable costs.
Section 13.2. General Insurance Provisions. All such insurance coverage obtained by the Board of Directors will be governed by the following provisions:
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13.2.1. As long as Declarant owns any Lot, Declarant, and Declarant’s members,
managers, officers, directors, shareholders, trustees, and other persons designated by Declarant,
will be protected by all such policies in the same manner as any other Owner. 13.2.2. The deductible, if any, on any insurance policy purchased by the Board of Directors may be treated as a Common Expense payable from Annual Assessments or Special
Assessments (allocable to all of the Lots or to only some of the Lots, if the claims for damages
arise from the negligence of particular Owners, or if the repairs benefit only particular Owners), or as an item to be paid from working capital reserves established by the Board of Directors. Section 13.3. Physical Damage Insurance on Common Area. The Association will obtain
insurance for such insurable Improvements and with such coverages, limits, deductibles and other
terms and conditions as the Board may determine from time to time. Section 13.4. Liability Insurance. The Association may obtain a comprehensive policy of public liability insurance and property damage insurance with such coverage and limits as the
Board of Directors may from time to time determine, insuring each member of the Board of
Directors, the Association, and the respective employees, agents, and all persons acting as agents against any liability to the public or the Owners (and their guests, invitees, tenants, agents and employees) arising in connection with the ownership, operation, maintenance or use of the Common Area and streets and roads within The Reserve at Johnson Ranch and any other areas
under the control of the Association. Declarant will be included in the coverage as an additional
insured in Declarant's capacity as an Owner or Director. ARTICLE 14 ENFORCEMENT OF COVENANTS
Section 14.1. Violations Deemed a Nuisance. Every violation of this Declaration or any other violation of The Reserve at Johnson Ranch Documents is deemed to be a nuisance and is subject to all the remedies provided for the abatement of the violation. In addition, all public and private remedies allowed at law or equity against anyone in violation of these Covenants will be
available.
Section 14.1.1 Fines. In addition to the means of enforcement provided in this Declaration, all covenants, conditions and restrictions applicable to The Reserve at
Johnson Ranch may be enforced as follows:
(a) The Board may impose fines upon Owners for violations.
(b) Prior to the imposition of a fine, the Board or its agent shall give the Owner in question written notice of the violation and intended amount of the fine, and the notice shall indicate the specific number of days’ after receipt of the notice to correct the violation so as to avoid the fine.
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(c) If the violation is remedied within the specified period, no fine shall be imposed. If the violation is not corrected within the specified period, the Board may, but is
not required to, impose a fine, using the procedures set forth below.
(d) The Board may impose fines ranging from twenty-five dollars ($25) to five hundred dollars ($500) per fine for violations continuing after the Owner's receipt of the written notice. Each separate day of a continuing violation may be considered a separate violation. Imposition of a fine shall be by mailing a notice, certified mail, return receipt
requested, to all Owners of the Lot in question. In determining the appropriate amount of a
fine, the Board shall consider, among other factors:
(i) Whether the violation threatened the health or safety of anyone,
(ii) Whether the violation involved physical damage to property of
another, to Community Property, or to the environment,
(iii) The cost of remedying the violation, and
(iv) Whether the Owner has been previously warned in writing or
fined for the same or substantially similar violations.
(e) The notice of imposition of fine shall also give the Owner in question at
least seven (7) days’ notice of the next meeting of the Board at which the Owner may appear
to appeal the determination of violation and the fine or amount of the fine. The Owner may appear in person, by agent or by written communication.
(f) If a fine is neither paid nor appealed within seven days of the receipt of notice by the Owner, then the Board may cause a lien to be filed against the Owner's Lot for the amount of the fine, plus the cost of filing the lien and attorney's fees. If the Owner appeals the Board's notice, no lien shall be filed until the Board hears the appeal.
(g) The Board shall keep a written record of all notices sent and the
disposition of each.
(h) The Owner and the Board may each be represented by an attorney at all hearings on the violation.
(i) If the Owner wishes to appeal the Board's decision after the Board's hearing of the Owner's appeal, the Owner shall, in writing, request binding arbitration by a
single arbitrator to be agreed upon by the parties. The parties shall equally share the fees, if
any, of the arbitrator. Section 14.2. Compliance. Each Owner or other occupant of any part of the Property will comply with the provisions of The Reserve at Johnson Ranch Documents as the same may be
amended from time to time.
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Section 14.3. Failure to Comply. Failure to comply with The Reserve at Johnson Ranch
Documents will be grounds for an action to recover damages or for injunctive relief to cause any
such violation to be remedied, or both. The Owner in violation waives any requirement to post a bond in connection with the granting of an injunction. Reasonable notice and an opportunity for a hearing may, but is not required to be, provided in the Bylaws, and if such notice and opportunity is so provided, will be given to the delinquent party prior to commencing any legal proceedings.
Section 14.4. Who May Enforce. Any action to enforce The Reserve at Johnson Ranch Documents may be brought by Declarant or the Board in the name of the Association on behalf of the Owners. If, after a written request from an aggrieved Owner, none of the foregoing persons or entities commences an action to enforce The Reserve at Johnson Ranch Documents, then the
aggrieved Owner may bring such an action.
Section 14.5. Nonexclusive Remedies. All the remedies set forth herein are cumulative and not exclusive.
Section 14.6. No Waiver. The failure of the Board of Directors, Declarant, or any
aggrieved Owner to enforce The Reserve at Johnson Ranch Documents in any one or more instances will not be deemed a waiver of the right to do so for any subsequent violations or of the right to enforce any other part of The Reserve at Johnson Ranch Documents at any future time.
Section 14.7. No Liability. No member of the Board of Directors, the Declarant or any
Owner will be liable to any other Owner for the failure to enforce any of The Reserve at Johnson Ranch Documents at any time. Section 14.8. Recovery of Costs. If legal assistance is obtained to enforce any of the
provisions of The Reserve at Johnson Ranch Documents, or in any legal proceeding (whether or
not suit is brought) for damages or for the enforcement of The Reserve at Johnson Ranch Documents or the restraint of violations of The Reserve at Johnson Ranch Documents, the prevailing party will be entitled to recover all costs incurred by it in such action, including reasonable attorney’s fees (and legal assistants’ fees) and costs as may be incurred, or if suit is
brought, as may be determined by the court.
ARTICLE 15 RESOLUTION OF DISPUTES
If any dispute or question arises between Members or between Members and the
Association or relating to the interpretation, performance or nonperformance, violation, or enforcement of The Reserve at Johnson Ranch Documents, such dispute or violation may, but is not required to, be subject to a hearing and determination by the Board in accordance with the procedures set forth in the Bylaws.
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ARTICLE 16 DURATION OF THESE COVENANTS AND AMENDMENT
Section 16.1. Term. This Declaration and any amendments or supplements hereto will remain in effect from the date of recordation until the fiftieth (50th) anniversary of the date this Declaration is first recorded in the office of the Clerk and Recorder of Flathead County, Montana. Thereafter these Covenants will be automatically extended for five successive periods of ten (10)
years each, unless otherwise terminated or modified as provided below.
Section 16.2. Amendment, Replacement, Termination. Until the end of the Period of Declarant Control, the Declarant shall have the sole authority and power to amend, replace, supersede, or terminate this Declaration from time to time, by recording an instrument in writing
signed by the Declarant. After the Period of Declarant Control, the Association shall have the sole
authority to amend, replace, supersede, or terminate the Declaration, by recording an instrument in writing signed by a duly authorized officer of the Association, but only after obtaining the affirmative vote from the Owners of seventy percent (70%) of the Lots. No amendment, replacement, or termination of the Declaration shall be effective until it has been recorded in the
office of the Clerk and Recorder of Flathead County, Montana.
ARTICLE 17 MISCELLANEOUS PROVISIONS
Section 17.1. Severability. This Declaration, to the extent possible, will be construed or reformed so as to give validity to all of its provisions. Any provision of this Declaration found to be prohibited by law or unenforceable will be ineffective to the extent of such prohibition or unenforceability without invalidating any other part hereof.
Section 17.2. Construction. In interpreting words in this Declaration, unless the context will otherwise provide or require, the singular will include the plural, the plural will include the singular, and the use of any gender will include all genders.
Section 17.3. Headings. The headings are included only for purposes of convenient
reference, and they will not affect the meaning or interpretation of this Declaration. Section 17.4. Waiver. No failure on the part of the Association or the Board to give notice or default or to exercise or to delay in exercising any right or remedy will operate as a waiver,
except as specifically provided above in the event the Board fails to respond to certain requests.
No waiver will be effective unless it is in writing and signed by the President or Vice President of the Board on behalf of the Association. Section 17.5. Limitation of Liability. Neither the Declarant, the Association, nor any
partner, officer, manager, director, or member of either the Declarant or the Board will be liable
to any party for any action or for any failure to act with respect to any matter arising by, through or under The Reserve at Johnson Ranch Documents if the action or failure was made in good faith. The Association will indemnify all of the officers, Board members, Architectural Review
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Committee members, Declarant, and the Declarant’s managers and members with respect to any act taken in their official capacity to the extent provided in The Reserve at Johnson Ranch
Documents.
Section 17.6. Conflicts Between Documents. In case of conflict between this Declaration and the Articles of Incorporation or the Bylaws, this Declaration will control. In case of conflict between the Articles of Incorporation and the Bylaws, the Articles of Incorporation will control.
Section 17.7. Assignment. Declarant may assign all or any part of the Special Declarant Rights or any of Declarant's other rights, obligations, interests, and reservations hereunder to any successor who takes title to all or part of the Property in a bulk transfer for the purpose of development and sale. Such successor will be identified, the rights, interests, and reservations
being assigned will be described, and, to the extent required, concomitant obligations will be
expressly assumed by such successor, all in a written instrument duly recorded in the records of the Clerk and Recorder of Flathead County, Montana. Section 17.8. Covenants and Easements Run with the Land. The Covenants and all
easements created and referenced in this Declaration shall run with the land.
Section 17.9. Notice. All notices required to be delivered hereunder shall be in writing and shall be delivered by the following methods and deemed effectively delivered as of the date hereinafter specified: (i) three days after it is deposited in the mail if it is delivered postage prepaid,
(ii) on the date the notice is delivered by a courier service (including Federal Express, Express
Mail, UPS, or similar operation) to the address of the person to whom it is directed, provided it is sent prepaid, return receipt requested (if available), (iii) on the date sent by electronic mail, with receipt confirmation requested, and (iv) on the date the notice is handed to the recipient if delivered in person.
Notice may be delivered to any address of the recipient on file with the Association. Anyone entitled to receive notice hereunder may, from time to time, change its address for receiving notices by delivering written notice thereof in the manner outlined above or to a valid email address for the Association.
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IN WITNESS WHEREOF, Declarant has signed this Declaration on the Date shown.
THE RESERVE AT JOHNSON RANCH, LLC By:
Nicholas J. Coussoulis, Manager
STATE OF MONTANA ) ss.
County of Flathead )
On the _____ day of ________________, 202__, before me, the undersigned Notary Public in and for the State of Montana, duly commissioned and sworn, personally appeared Nicholas J.
Coussoulis, Manager of The Reserve at Johnson Ranch, LLC, known to me to be the individual
described in and who executed the within and foregoing instrument, and acknowledged that he signed the same as his free and voluntary act and deed, for the uses and purposes therein mentioned.
WITNESS my hand and official seal hereto affixed the day and year first above written.
__________________________________________ Notary Public for the State of Montana
(SEAL) Printed Name:
Residing at: My Commission Expires:
After recording return to: Mark W. Buckwalter, Esq. Buckwalter Webb PLLC 40 Second Street East, Suite 226 Kalispell, MT 59901
DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND EASEMENTS
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DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND EASEMENTS FOR THE RESERVE AT JOHNSON RANCH (Commercial)
This Declaration of Covenants, Conditions, Restrictions, and Easements for The Reserve at Johnson Ranch (Commercial) (the “Declaration”) is made this ____ day of __________________, 202__, by The Reserve at Johnson Ranch, LLC, a Montana limited liability company, hereinafter (the “Declarant”).
ARTICLE 1 STATEMENT AND PURPOSE AND IMPOSITION OF COVENANTS Section 1.1. Owner. The Declarant is the owner of the property in Flathead County,
Montana, more particularly described as follows (the “Property”):
LEGAL DESCRIPTION TO BE CHANGED UPON FINAL PLAT. The East Half (E½) of the Southeast Quarter (SE¼) of Section 26, Township 29 North, Range 22 West, P.M.M., Flathead County, Montana;
EXCEPTING THEREFROM that portion deeded to Flathead County for road purposes, Recorded December 5, 1899, in Book 30, Page 582, and ALSO EXCEPTING THEREFROM that portion deeded to the Montana
Department Of Transportation for highway purposes, recorded June 28, 2007, as Doc. No. 2007-179-14150. Section 1.2. Purpose. The purpose of the Declarant in making this Declaration is to create a development known as The Reserve at Johnson Ranch on the Property (the “Project” or
“The Reserve at Johnson Ranch”). The Reserve at Johnson Ranch Project is presently planned to
include single-family residential, but those components are not covered by this Declaration upon its execution, but may be at some future time as provided herein.
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The Declarant further intends to ensure the attractiveness of the Property, including the commercial buildings and other improvements constructed on it to prevent any future impairment
of the Property and to guard against the construction on the Property of improvements of improper
or unsuitable materials or with improper quality or methods of construction, to protect and enhance the values and amenities of the Property; to provide for the operation, administration, use and maintenance of the common areas within the Property; to preserve, protect and enhance the values and amenities of the Property; and to promote the health safety and welfare of the owners of the
Property.
Section 1.3. Imposition of Covenants. To accomplish the purposes indicated above, the Declarant hereby declares that from the date of recording this Declaration forward, the Property will constitute a planned community known as The Reserve at Johnson Ranch, and will be held,
sold, and conveyed subject to the following covenants, conditions, restrictions, and easements
(collectively, these “Covenants”). These Covenants will run with the land and will be binding upon all persons or entities having any right, title, or interest in all or any part of the Property (including Declarant) and their heirs, successors, and assigns, and their tenants, employees, guests, and invitees. These Covenants will inure to the benefit of each owner of the Property.
ARTICLE 2 DEFINITIONS The following terms, as used in this Declaration, are defined as follows:
Section 2.1. "Annual Assessment" means the Assessment levied annually pursuant to Section 9.4. Section 2.2. "Architectural Review Committee" means the committee formed pursuant
to Article 6 to maintain the quality and architectural harmony of improvements in The Reserve at
Johnson Ranch. Section 2.3. "Articles” or "Articles of Incorporation" means the Articles of Incorporation of The Reserve at Johnson Ranch Property Owner’s Association, Inc., a Montana
non-profit corporation, which were filed with the Montana Secretary of State’s office on
__________________, as such Articles may be amended from time to time. Section 2.4. "Assessments" means the Annual, Special, and Default Assessments levied pursuant to Article 9 to meet the estimated cash requirements of the Association.
Section 2.5. "Association" means The Reserve at Johnson Ranch Property Owner’s Association, Inc., a Montana non-profit corporation, and any successor of that entity by whatever name. The Declarant reserves the right to, but is not obligated to, create separate associations of the residential lot owners as well as a master association with over-arching jurisdiction over the
other associations. Declarant reserves the right to structure all associations of The Reserve at
Johnson Ranch Property Owners in the manner Declarant believes best serves the interests of The Reserve at Johnson Ranch.
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Section 2.6. “Building” means any structural improvement on any Lot which is enclosed
fully or partially by exterior walls and used in connection with the Owner’s or Occupant’s business
activity. Section 2.7. "Bylaws" means the bylaws of the Association which establish the methods and procedures of its operation, as such bylaws may be amended from time to time.
Section 2.8. "The Reserve at Johnson Ranch Documents" means the basic documents creating and governing The Reserve at Johnson Ranch, including, but not limited to, this Declaration, the Articles of Incorporation and Bylaws, the Design Guidelines and any other procedures, rules, regulations or policies adopted under such documents by the Association, all as
may be amended from time to time.
Section 2.9. "The Reserve at Johnson Ranch Rules" means the rules and regulations adopted by the Association from time to time.
Section 2.10. "Common Area" means all of the areas shown as parks and common areas,
depicted on the Final Plat or Plats of The Reserve at Johnson Ranch, records of Flathead County, Montana, and any other property in which the Association owns an interest for the common use, benefit, and enjoyment of the Members.
Section 2.11. "Common Expenses" means (i) premiums for the insurance carried by the
Association under Article 9; (ii) all other expenses incurred by the Association in administering, servicing, conserving, managing, maintaining, repairing, or replacing the Common Area and any Improvements located on it; (iii) all expenses expressly declared to be Common Expenses by The Reserve at Johnson Ranch Documents; (iv) all expenses lawfully determined to be Common
Expenses by the Board of Directors; and (v) all expenses to be allocated among the Owners as
provided in Article 9. Section 2.12. "Declarant" means The Reserve at Johnson Ranch, LLC, or its successors or assigns, including any Successor Declarant.
Section 2.13. "Default Assessment" means any Assessment levied by the Association pursuant to Section 9.6 below. Section 2.14. "Design Guidelines" means the guidelines and rules published and amended
and supplemented from time to time by the Architectural Review Committee.
Section 2.15. "Development Rights" is defined in Section 11.1.2. Section 2.16. "Expansion Property" means such additional real property owned at the
time of the execution of this Declaration, or in the future acquired, by The Reserve at Johnson
Ranch, LLC, the Declarant named herein, or any Successor Declarant as such Declarant or
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Successor Declarant may make subject to the provisions of this Declaration, by duly recorded Declaration of Annexation.
Section 2.17. "Improvement(s)" means all buildings, parking areas, loading areas, fences, exterior walls, hedges, plantings, lighting, poles, driveways, roads, ponds, lakes, trails, gates, signs, changes in any exterior color or shape, excavation and all other site work, including, without limitation, grading, road construction, utility improvements, removal of trees or planting, and any
new exterior construction or exterior improvement which may not be included in the foregoing.
"Improvement(s)" does not include turf, shrub, or tree repair or replacement of a magnitude which does not change exterior colors or exterior appearances. "Improvement(s)" does include both original improvements and all later changes and improvements.
Section 2.18. "Lot" means a parcel of land designated as a lot on any Plat of the Property.
Section 2.19. "Maintenance Fund" means the fund created by Assessments and fees levied pursuant to Article 9 below to provide the Association with the funds required to carry out its duties under this Declaration.
Section 2.20. "Member" means any person or entity (including a trust) holding membership in the Association. Section 2.21. “Mortgage” means a mortgage, deed of trust, Montana trust indenture, deed
to secure debt, or any other form of security instrument secured by real estate.
Section 2.22. “Mortgagee” means a beneficiary or holder of a Mortgage, including the seller under a contract for deed.
Section 2.23. "Owner" means the owner of record (including Declarant, and including the
most recent contract purchaser, but excluding all contract sellers) whether one or more persons or entities, of fee simple title to any Lot or, if the Lot is subject to one or more contracts for deed, the owner of the purchaser's interest in the most recent contract for deed, but "Owner" does not mean or refer to any person or entity who holds such interest merely as security for the performance of
a debt or other obligation, including a Mortgage, unless and until such person or entity has acquired
fee simple title pursuant to foreclosure or other proceedings. Section 2.24. "Period of Declarant Control” means the period beginning on the date this Declaration is first recorded in the office of the Clerk and Recorder of Flathead County, Montana
and ending on the date which is forty (40) years later. The Declarant at any time may terminate its
period of control by giving ninety (90) days' written notice to the Board of Directors. Section 2.25. "Person" means a natural person, a corporation, a partnership, a limited liability company, an association, a trust or any other entity or combination of the foregoing.
Section 2.26. "Plat" means any survey or surveys of all or part of the Property, together with such other diagrammatic plans and information regarding the Property as may be required by
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applicable law, or as may be included in the discretion of Declarant, as each such survey may be amended and supplemented from time to time, and all as recorded in the office of the Clerk and
Recorder of Flathead County, Montana.
Section 2.27. "Property" means and includes the property described in Section 1.1 and initially subjected to this Declaration, and also refers to any additional real property that may be incorporated in the Project from time to time and made subject to these Covenants pursuant to the
provisions of this Declaration.
Section 2.28. "Special Assessment" means an Assessment levied pursuant to Section 9.5 below.
Section 2.29. "Special Declarant Rights" is defined as set forth in Article 11 below.
Section 2.30. "Successor Declarant” means any person or entity to whom Declarant assigns any or all of its rights, obligations or interest as Declarant, as permitted by Section 17.7 and evidenced by an assignment or deed of record in the office of the Clerk and Recorder of
Flathead County, Montana, designating such party as a Successor Declarant, signed by the
transferor and the transferee. Upon such recording, Declarant's rights and obligations under the Declaration will cease and terminate to the extent provided in such document, and all such rights and obligations shall be transferred to and assumed by the Successor Declarant to the extent provided in such document.
ARTICLE 3 EXPANSION AND PLAT Section 3.1. Development Rights. Declarant reserves the right to exercise all
Development Rights in connection with The Reserve at Johnson Ranch subdivision in accordance
with Article 11 below. Section 3.2. Declaration of Boundaries. The boundaries of each Lot are delineated on the Plat, and each Lot is identified by the number noted on the Plat.
Section 3.3. Plat. The Plat will be filed for record in the office of the Clerk and Recorder of Flathead County, Montana. The Plat may be filed as a whole or as a series of Plats from time to time.
ARTICLE 4 ASSOCIATION MEMBERSHIP AND VOTING RIGHTS Section 4.1. Membership. Every Owner, by virtue of being an Owner, and for so long as he is an Owner, will be a Member of the Association. Membership will be appurtenant to and may
not be separated from ownership of any Lot. No Owner, whether one or more persons, will have
more than one membership per Lot owned, but all of the persons owning each Lot will be entitled to rights of membership and of use and enjoyment appurtenant to such ownership. The Declarant
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shall be considered an Owner and shall be a Member of the Association with all of the same privileges of the other Owners and Members, except that Declarant shall have such additional
rights as provided in this Declaration. For purposes of assessments, the Declarant shall be exempt
from all forms of assessments imposed pursuant to this Declaration. Section 4.2. Transfer of Membership. An Owner may not transfer, pledge or alienate his membership in the Association in any way except upon the sale or encumbrance of his Lot, and
then only to the purchaser or Mortgagee of his Lot.
Section 4.3. Classes of Membership. The Association will have two classes of voting membership. One class is composed only of the Declarant, which class (and Member) shall be the only one entitled to vote during the Period of Declarant Control. The other class is composed of
all Owners, including Declarant, and shall have voting rights in the Association and under this
Declaration after the Period of Declarant Control, provided that the Declarant shall have such additional rights and responsibilities as expressly provided in this Declaration. Section 4.4. Voting Rights. All Members entitled to vote shall be entitled to one vote on
the Association matters on the basis of one vote for each Lot owned. When more than one person
or entity is an Owner of the same Lot, all such persons or entities will be Members, but they may collectively cast only one vote for each Lot with such vote to be cast in such manner as those multiple Owners may determine among themselves.
Section 4.5. Appointment of Officers and Directors by Declarant. Until the expiration
of the Period of Declarant Control, Declarant shall retain the exclusive powers to vote for, appoint, designate, remove and replace Directors and officers of the Association. ARTICLE 5
POWERS AND DUTIES OF THE ASSOCIATION
Section 5.1. Association Management Duties. Subject to the rights and obligations of Declarant as set forth in this Declaration, the Association will be responsible for the administration and operation of the Association and for all matters as provided in The Reserve at Johnson Ranch
Documents. The Board of Directors will exercise for the Association all power, duties and
authority vested in or obligated to be taken by the Association and not reserved to Declarant or the other Members by this Declaration, or by other applicable law. Section 5.2. Common Area.
5.2.1. Conveyance by Declarant. On or before the expiration of the Period of Declarant Control, Declarant will convey to the Association, by written instrument recorded with the Clerk and Recorder of Flathead County, Montana, the Common Area located on the Property.
5.2.2. Use of Common Area. The Common Area generally is designated by this
Declaration for the common use, benefit and enjoyment of the Owners, tenants, employees, guests and invitees.
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5.2.3. Association's Responsibility for Common Area. The Association, subject to the rights and obligations of the Owners set forth in this Declaration, will be responsible for the
management, maintenance and control of the Common Area.
5.2.4. Association's Agreements Regarding Common Area. The Association, acting through the Board of Directors, may grant easements, right-of-way, leases, licenses and concessions through or over the Common Area without the independent approval by the Owner.
Without limiting the generality of the foregoing, the Association may grant such rights to suppliers
of utilities serving the Project or property adjacent to the Project, and to developers or owners of property adjacent to the Project for the purpose of accommodating minor encroachments onto the Common Area or other purposes that do not unreasonably interfere with the use and enjoyment of the Common Area by the Owners.
Section 5.3. Delegation by the Association. 5.3.1. Committees. The Association may delegate any of its rights, duties or responsibilities to any committee or other entity (in addition to the Architectural Review
Committee) that the Board may choose to form.
5.3.2. Limitation. Any delegation by the Board under this Section is subject to compliance with the Bylaws and the requirement that the Board, when so delegating, will not be relieved of its responsibilities under The Reserve at Johnson Ranch Documents.
Section 5.4. Books and Records. The Association will make available for inspection by Owners and Mortgagees, upon request, during normal business hours or under other reasonable circumstances, current copies of The Reserve at Johnson Ranch Documents, and the books, records, and financial statements of the Association prepared pursuant to the Bylaws.
Section 5.5. Successor to Declarant. The Association will succeed to all of the rights, duties and responsibilities of the Declarant under this Declaration upon termination of the Period of Declarant Control.
ARTICLE 6 ARCHITECTURAL REVIEW COMMITTEE Section 6.1. Committee. There is hereby established an Architectural Review Committee (“ARC”), which will be responsible for the review and approval of all proposed Improvements on
the Lots.
Section 6.2. Committee Membership. The ARC will be composed of three or more persons. All of the members of the ARC will be appointed, removed, and replaced by Declarant, in its sole discretion, until the expiration of the Period of Declarant Control or such earlier time as
Declarant may elect to voluntarily waive this right by notice to the Association, and at that time
the Board of Directors will succeed to Declarant's right to appoint, remove, or replace the members of the ARC. Members of the ARC are not required to be Members of the Association.
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Section 6.3. Purpose and General Authority. All plans (“Plans”) for the construction,
remodeling, reconstruction, or alteration of any Building, road or driveway, parking area, fence,
wall or other structure or improvement upon any Lot (“Construction”) shall be submitted to and must have written approval from the ARC before beginning Construction, except for any Construction that is completely within the interior of a Building already built. The Plans shall include but not be limited to front, side, and rear elevations, floor plans for each floor, exterior
color schemes, a block or plot plan indicating and fixing the exact location of the Improvement,
and architectural drawings. All improvements will be constructed only in accordance with approved plans. In the event the proposed improvement shall be one for repainting or redecorating the
exterior of a Building or other structure without remodeling or changing it, it shall only be
necessary to file one color and redecorating scheme of such proposed work and have the same approved by the ARC prior to the commencement of such work. Section 6.4. Design Guidelines. The ARC may publish Design Guidelines which set
forth the procedures and criteria for review of Improvements to be constructed on any Lot, and for
review of landscaping plans. Failure to follow procedures or criteria set forth in the current published Design Guidelines shall form an adequate basis for rejection of the submitted site plan and elevations; provided, however, that this requirement shall not be construed as preventing the Declarant or the ARC, at their option, from waiving or amending the Design Guidelines at any
time or with respect to any application. Failure to follow such procedures or criteria set forth in
the Design Guidelines shall also be deemed a breach of this Declaration by such Owner and shall entitle the Association or the ARC to exercise and pursue the rights and remedies provided herein with respect to such breach.
Section 6.5. Failure to Act. In the event the ARC fails to approve or disapprove the
design, location, material, color and exterior finish of proposed Improvements within thirty (30) days after the detailed site plan and elevations have been submitted to it, approval shall not be required and such Owner shall be deemed in compliance with this Article. Any plans, elevations, and proposals so approved, either expressly in writing or by the expiration of the thirty (30) day
period herein above provided, shall then permit the Owner to commence construction in
accordance with said plans and elevations, but any deviation from said plans and elevations which in the judgment of said ARC is a substantial detriment to the appearance of the structure or of the surrounding area shall be corrected to conform with the plans and elevations as submitted.
Section 6.6. Committee Discretion. The ARC will exercise its best judgment to see that
all Improvements conform and harmonize with any existing structures as to external design, quality and type of construction, materials, color, location on the Lot, height, grade and finished ground elevation, and the schemes and aesthetic considerations set forth in the Design Guidelines and the other The Reserve at Johnson Ranch Documents. The ARC, in its sole discretion, may
excuse compliance with such requirements as are not considered necessary or appropriate in
specific situations and may permit compliance with different or alternative requirements.
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Section 6.7. Binding Effect. The actions of the ARC in the exercise of its discretion by its approval or disapproval of plans and other information submitted to it, or with respect to any
other matter before it, will be conclusive and binding on all interested parties.
Section 6.8. Organization and Operation of ARC. 6.8.1. Term. The term of office of each member of the ARC will be one (1) year,
commencing January 1 of each year, and continuing until his successor shall have been appointed.
Should an ARC member die, retire, or become incapacitated, or in the event of a temporary absence of a member, a successor may be appointed as provided in Section 6.2. 6.8.2. Chairman. So long as Declarant appoints the ARC, Declarant will appoint
the chairman. At such time as the ARC is appointed by the Board of Directors, the chairman will
be elected annually from among the members of the ARC by a majority vote of the members thereof. In the absence of a chairman, the party responsible for appointing or electing the chairman may appoint or elect a successor, or if the absence is temporary, an interim chairman.
6.8.3. Operations. The ARC chairman will take charge of and conduct all
meetings and will provide for reasonable notice to each member of the ARC prior to any meeting. The notice will set forth the time and place of the meeting, and notice may be waived by any member.
6.8.4. Voting. The affirmative vote of a majority of the members of the ARC will
govern its actions and be the act of the ARC. Section 6.9. Other Requirements. Compliance with The Reserve at Johnson Ranch architectural review process is not a substitute for compliance with City of Kalispell building,
zoning, and subdivision regulations, and each Owner is responsible for obtaining all approvals,
licenses, and permits as may be required prior to commencing construction. Section 6.10. Enforcement.
6.10.1. Inspection. Any member or authorized consultant of the ARC, or any
authorized officer, Director, employee, or agent of the Association may enter upon any Lot at any reasonable time after notice to the Owner, without being deemed guilty of trespass, in order to inspect Improvements constructed or under construction on the Lot to determine whether the Improvements have been or are being built in compliance with The Reserve at Johnson Ranch
Documents and the plans and specifications approved by the ARC.
6.10.2. Deemed Nuisances. Every violation of these Covenants is hereby declared to be and to constitute a nuisance, and every public or private remedy allowed for such violation by law or equity against a Member will be applicable. Without limiting the generality of the
foregoing, these Covenants may be enforced as provided below.
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(i) Fines for Violations. The ARC may adopt a schedule of fines for failure to abide by the ARC rules and the Design Guidelines, including fines
for failure to obtain any required approval from the ARC.
(ii) Injunction for Removal of Nonconforming Improvements. The Association may, upon request of the ARC and after reasonable time after notice to the Owner, seek an injunction or other judicial relief to remove
any Improvement constructed, reconstructed, refinished, altered, or
maintained in violation of these Covenants. The Owner of the Improvements waives any requirement for the Association to post a bond in connection with the granting of an injunction. The Owner of the Improvement will immediately reimburse the Association for all expenses
incurred in connection with the exercise of such remedy, including but not
limited to attorney and legal assistant fees. If the Owner fails to reimburse the Association within 30 days after the Association gives the Owner notice of the expenses, the sum owed to the Association will bear interest at the maximum rate permitted under Montana law from the date the expense was
incurred by the Association through the date of reimbursement in full, and
all such sums and interest will be a Default Assessment enforceable as provided in Article 9. Section 6.11. Continuity of Construction. All Improvements commenced on the Property
will be prosecuted diligently to completion. If an Improvement is commenced and construction is
then abandoned for more than ninety (90) days, or if construction is not completed within one (1) year from the date of approval of the Plans, then after notice and opportunity for hearing as provided in the Bylaws, the Association may impose a fine of not more than $50.00 per day to be charged against the Owner of the Lot until construction is resumed, or the Improvements are
completed, as applicable.
Section 6.12. Standard of Review; Non-liability for Approval or Disapproval. In reviewing any Plans, the ARC may consider without limitation:
(a) Suitability of the Construction and materials to the site upon which it is to
be located; (b) The nature of what has already been constructed or otherwise exists on the adjacent or neighboring property;
(c) The quality of the materials to be utilized in any proposed Construction;
(d) The effect of any proposed Construction on the adjacent or neighboring property;
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(e) Whether the Construction will be so similar or so dissimilar to other property in the vicinity that values, monetary or aesthetic, may be impaired;
and
(f) The character of the area. In reviewing the Plans, the ARC assumes no responsibility and/or liability for engineering
design, including, but not limited to, structural engineering, or compliance with zoning and
building codes or laws. The ARC, the Declarant, the Board of Directors, and any members, officers, directors, employees, agents, attorneys, consultants, and independent contractors shall each not be liable in damages or otherwise for any reason including, but not limited to, any mistake in judgment, negligence, or nonfeasance arising out of or in connection with the review, approval
or disapproval of any Plans.
ARTICLE 7 PROPERTY USE RESTRICTIONS
Section 7.1. General Restriction. The Property will be used only for commercial
purposes, specifically excluding any residential and any marijuana commercial use, as set forth in these Covenants, as permitted by the applicable regulations of the City of Kalispell, and the laws of the State of Montana and the United States, and as set forth in The Reserve at Johnson Ranch Documents or other specific recorded covenants affecting all or any part of the Property.
Section 7.2. Further Subdivision. Other than Lots owned by the Declarant, no Lot shall be further subdivided. Section 7.3. Landscaping, Drainage, Grading and Irrigation. Immediately after
construction, all disturbed ground must be landscaped. All lots must have underground irrigation
systems. Buildings should be designed to fit the existing topography of the property without excessive manipulation of the site by cut or fill. Changes in the natural grade by cutting or filling for buildings, parking areas, loading areas, fences, exterior walls, hedges, plantings, lighting, poles, driveways, roads, ponds, lakes, trails, gates, and signs must be kept to a minimum to preserve the
existing landform. Owners shall be responsible for irrigation, maintenance, and upkeep of all
boulevards that are adjacent to their property. General siting and grading principles are as follows:
• The finish grade around the Building and any site walls should remain as close as
possible to the original natural grade. • Grading may be done outside the landscaping for driveway access and site drainage. • Screen walls, walls not supporting a building structure or retaining earth, may not exceed five (5) feet in height measured from finish grade along the exterior side of
the enclosure.
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A landscaping plan for each building Lot shall be submitted to the ARC for approval. Landscaping of the entire Lot shall be complete within ninety (90) days of Building completion or
unless otherwise approved by the ARC in writing.
In the event that soil must be imported or exported from the Lot, the Lot Owner will be responsible for this cost. Import soils scheduled for use as landscape topsoil may be subject to an agricultural soil analysis at the discretion of the ARC.
Drainage of individual properties must work with the existing topography and be directed toward the natural open space or drainage systems, developed in conjunction with the roadways. Section 7.4. Signs. All signs shall comply with applicable City of Kalispell Ordinances.
All identity signage shall be submitted to the Declarant, the ARC, and the City for review and
approval. (a) All identity signage not attached to the building shall be setback a minimum of fifteen (15) feet from the property line. Signs shall be incorporated into the
landscape plan. Sign material shall be as specified by the Declarant, the ARC, and
the City. Maximum size overall shall not exceed five (5) feet in height or fifty (50) square feet in area. (b) All identity signage attached to the building shall be incorporated into the building
architecture and shall be presented for approval with the architectural plans. Signs
may not exceed ten percent (10%) of the square feet contained in the wall to which they are affixed. In addition, signs may not extend above the roof parapet line or project more than eighteen (18) inches from the face of the building.
(c) There shall be no more than one exterior freestanding sign for each Lot, unless
otherwise expressly approved by the Declarant, the ARC, and the City for good cause shown.
(d) Flashing signs are expressly prohibited.
Section 7.5. Parking. Each Lot shall be provided with off-street automobile parking as follows: USE REQUIREMENT Office Five (5) spaces plus one (1) space for each 300
square feet of floor area over 1,000 square feet. Manufacturing Two (2) spaces for each three (3) employees or two (2) spaces for each 1,000 square feet of floor space.
No parking will be permitted on any street, driveway, or any other place in The Reserve at Johnson Ranch or on any Lot other than in an approved parking space. With the exception of
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construction trailers in use on the Lot, overnight parking of campers, mobile homes, boats, trailers and similar vehicles is prohibited.
Shared parking and access between Lots is encouraged to improve business access and reduce the number of curb cuts. Parking lot plans and configuration shall be reviewed and subject to approval by the ARC
and the City.
All parking surfaces, roadways, and driveways shall be paved with an asphalt or concrete surface. Curb and gutters shall be placed along the borders of all permanent parking areas and permanent driveways.
Section 7.6. Maintenance. All Improvements located on any Lot shall be maintained in the same condition as at the time of initial construction, normal wear and tear excepted. All Improvements shall be preserved and of a pleasant appearance by maintaining paint, stain, or sealer as needed. If any Improvement or landscaping is damaged or destroyed, the Owner shall promptly
rebuild, repair, and restore it to its appearance and condition prior to the casualty. Reconstruction
or repair shall be completed within nine (9) months of any casualty that damaged or destroyed the Improvement or landscaping. Section 7.7. Garbage and Refuse Containers. Garbage and refuse containers shall be
screened from view with appropriate enclosures. All such storage areas shall have concrete floors
and approach, and shall be sufficient in size to contain all refuse generated on each Lot. Section 7.8. Utilities and Lighting. All utilities shall be buried underground. Exterior lighting shall not be directed at neighboring Lots or impair the neighbors' use or enjoyment of their
Lots.
Section 7.9. Roof Mounted Equipment. Roof-mounted equipment shall be so located and/or screened and/or painted to minimize visibility from streets and adjacent Lots. Solar panels and other alternative energy devices shall be reviewed on an individual basis.
Section 7.10. Fencing. No fences shall be constructed on any Lot without prior written approval by the ARC. Fencing shall be constructed only of permanent materials such as pressure-treated wood or masonry, and shall require prior written approval by the ARC in every instance. This requirement is in addition to any requirements that may be established by City ordinances.
Section 7.11. Landscape Maintenance and Irrigation. All landscaping shall be maintained and shall not be allowed to become unsightly. Lawns shall be mowed on a regular basis. All weeds, including noxious weeds, shall be eradicated or controlled and all Owners shall fully comply with state and local law regarding the control and eradication of noxious weeds.
Undeveloped Lots must be mowed at least twice each year and may not be used as a dumping area
for trimmings or grass clippings.
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Section 7.12. Garbage. No Lot shall be used or maintained as a dump site or storage ground for rubbish, trash, garbage, junk vehicles, equipment or other waste. All garbage and other
waste shall be removed as reasonably necessary.
ARTICLE 8 OWNER'S OBLIGATIONS FOR MAINTENANCE
Section 8.1. Owner's Responsibility for Lot. All maintenance of a Lot and the
Improvements located on it will be the sole responsibility of the Owner of the Lot. The Association may, in the discretion of the Board, assume the maintenance responsibilities of such Owner, if, in the opinion of the Board, the level and quality of maintenance being provided by such Owner is not satisfactory. Before assuming the maintenance responsibilities, the Board will notify the
Owner in writing of its intention to do so, and if the Owner has not commenced and diligently
pursued remedial action within thirty (30) days after the mailing of such written notice, then the Association may proceed. The expenses of the maintenance by the Board will be reimbursed to the Association by the Owner within thirty (30) days after the Association notifies the Owner of the amount due, and any sum not reimbursed within that thirty (30) day period will bear interest at
the maximum rate permitted under Montana law from the date of the expenditure until payment in
full. Section 8.2. Owner's Negligence. If the need for maintenance, repair or replacement of any portion of the Common Area (including Improvements located on it) arises because of the
negligent or willful act or omission of an Owner or his customer, guest, invitee or tenant, then the
expenses incurred by the Association for the maintenance, repair or replacement will be a personal obligation of that Owner. If the Owner fails to repay the expenses incurred by the Association within thirty (30) days after the notice to the Owner of the amount owed, then those expenses will bear interest at the maximum rate permitted under Montana law from the date of the advance by
the Association until payment by the responsible Owner is paid in full.
ARTICLE 9 ASSESSMENTS
Section 9.1. Annual Assessments. The Association shall fix, levy, collect and enforce
assessments for maintenance of the Common Areas, assessments as further defined in The Reserve at Johnson Ranch Documents, and assessments to cover all costs and expenses of the Association. Said Assessments shall be based on a budget, as may be adjusted from time to time. All Members shall be entitled to copies of Association records for the purposes of verifying assessments for
accuracy and consistency with The Reserve at Johnson Ranch Documents.
Section 9.2. Creation of Lien. In the event any assessment, cost, expense, or other amount charged against a Lot or any Owner thereof is not paid in full within thirty (30) days from when the notice of assessment was delivered (“Delinquent Charge”), the Delinquent Charge shall
be a charge upon and constitute a lien in favor of the Association against the Lot, which lien shall
attach and take effect upon recordation by the Association of a lien in the real estate records of Flathead County, Montana.
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Notwithstanding the ownership of any Lot, the Declarant shall not be obligated to pay any
of the Assessments described in this Declaration.
Each Assessment, together with fines, interest, costs, and reasonable attorney's fees and costs, will also be the personal and individual obligation of the Owner of such Lot as of the time the Assessment falls due, and two or more Owners of a Lot will be jointly and severally liable for
such obligations. No Owner may exempt himself from liability for any Assessments by
abandonment of his Lot or by waiver of the use or enjoyment of the Common Area. Suit to recover a money judgment for unpaid Assessment and related charges as listed above may be maintained without foreclosing or waiving the Assessment lien provided in this Declaration.
Section 9.3. Purpose of Assessments. The Assessments levied by the Association will be
used for all purposes provided for in The Reserve at Johnson Ranch Documents, including but not limited to promoting the recreation, health, safety and welfare of the Owners and occupants of The Reserve at Johnson Ranch.
Section 9.4. Annual Assessments.
9.4.1. Calculation of Annual Assessments. The Board of Directors will prepare a budget before the close of each fiscal year of the Association. Annual Assessments for Common Expenses will be based upon the estimated net cash flow requirements of the Association to cover
items including, without limitation, the cost of routine maintenance, repair, and operation of the
Common Area; and premiums for insurance coverage as deemed desirable or necessary by the Association; snow removal, landscaping, care of grounds and common lighting within the Common Area; routine renovations within the Common Area; wages; common water and utility charges for the Common Area; legal and accounting fees; expenses and liabilities incurred by the
Association under or by reason of this Declaration; payment of any deficit remaining from a
previous Assessment period; and the supplementing of the reserve fund for general, routine maintenance, repairs and replacement of improvements within the Common Area on a periodic bases, as needed.
9.4.2. Collection. Annual Assessments will be collected in periodic installments
as the Board may determine from time to time; but until the Board directs otherwise, they will be payable annually in advance on the date determined by the Board. The omission or failure of the Association to fix the Annual Assessment period will not be deemed a waiver, modification or release of the Owners from their obligation to pay the same.
Section 9.5. Special Assessments. 9.5.1. Determination by Board. The Board of Directors may levy, in any fiscal year, one or more Special Assessments, applicable to that year only, for the purpose of defraying,
in whole or in part, the cost of any construction or reconstruction, repair or replacement of a
described capital improvement upon the Common Area, including the necessary fixtures and
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personal property related thereto, or, after adopting and submitting a revised budget to the Association as may be required to make up any shortfall in the current year's budget.
9.5.2. Apportionment and Collection of Special Assessments. The Board will apportion Special Assessments among the Lots as set forth in Annual Assessments in Section 9.4.1, and collect payment according to the same guidelines as set forth for Annual Assessments in Section 9.4.2.
9.5.3. Notice. Notice of the amount and due dates for such Special Assessments must be sent to each Owner at least 30 days prior to the due date. Section 9.6. Default Assessments. All monetary fines, penalties, interest or other charges
or fees (excluding Annual and Special Assessments) levied against an Owner pursuant to The
Reserve at Johnson Ranch Documents, or any expense of the Association which is the obligation of an Owner or which is incurred by the Association on behalf of the Owner pursuant to The Reserve at Johnson Ranch Documents, and any expense (including without limitation attorneys' fees and costs) incurred by the Association as a result of the failure of an Owner to abide by The
Reserve at Johnson Ranch Documents, constitutes a Default Assessment, enforceable as provided
in this Declaration below. Section 9.7. General Remedies of the Association for Nonpayment of Assessment. Any installment of an Annual Assessment, Special Assessment or Default Assessment which is not
paid within thirty (30) days after its due date will be delinquent. In the event that an installment of
an Annual Assessment or Special Assessment becomes delinquent, or in the event any Default Assessment is established under this Declaration, the Association, in its sole discretion, may take any or all of the following actions:
9.7.1. Assess a late charge for each delinquency at uniform rates set by the Board
of Directors from time to time; 9.7.2. Charge interest from the date of delinquency at the maximum rate permitted under Montana law;
9.7.3. Suspend the voting rights of the Owner during any period of delinquency; 9.7.4. Accelerate all remaining Assessment installments for the fiscal year in question so that unpaid Assessments for the remainder of the fiscal year will be due and payable
at once;
9.7.5. Bring an action at law or equity against any Owner personally obligated to pay the delinquent Assessment charges;
9.7.6. File a statement of lien on the Lot and foreclose as set forth in more detail
below.
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9.7.7. For a delinquent Assessment related to the provision of utilities, the utility service to the Lot may be suspended after giving the Owner ten (10) days written notice that the
service will be suspended unless the delinquent Assessment is paid.
The remedies provided under this Declaration will not be exclusive, and the Association may enforce any other remedies to collect delinquent Assessments as may be provided by law.
Section 9.8. Assessment Lien. Any Assessment chargeable to a Lot will constitute a lien
on the Lot, effective the due date of the Assessment. To evidence the lien, the Association may, but will not be obligated to, prepare a written lien statement with respect to the Lot, setting forth the name of the Owner, the legal description of the Lot, the name of the Association, and the delinquent Assessment amounts then owing. Any such statement will be duly signed and
acknowledged by an officer or Director of the Association and will be served upon the Owner of
the Lot by mail to the address of the Lot or at such other address as the Association may have in its records for the Owner. Section 9.9. Successor 's Liability for Assessment. All successors to the fee simple title
of a Lot, except as provided in Section 9.10, will be jointly and severally liable with the prior
Owner or Owners thereof for any and all unpaid Assessments, interest, late charges, costs, expenses, and attorney's and legal assistants' fees against such Lot without prejudice to any such successor's right to recover from any prior Owner any amounts paid by such successor.
Section 9.10. Exempt Property. The following portions of the Property will be exempt
from the Assessments, charges, and liens created under the Declaration: 9.10.1. Any Lot owned by Declarant; and
9.10.2. Common Areas.
Section 9.11. Statement of Status of Assessments. The Association will furnish to an Owner or his designee or to any Mortgagee, within fourteen days of request, a statement setting forth the amount of unpaid Assessments then levied against the Lot in which the Owner, designee
or Mortgagee has an interest.
Section 9.12. Failure to Assess. The omission or failure of the Board to fix the Assessment amounts or rates or to deliver or mail to each Owner an Assessment notice will not be deemed a waiver, modification or a release of any Owner from the obligation to pay Assessments.
In such event, each Owner will continue to pay Annual Assessments on the same bases as for the
last year for which an Assessment was made until a new Assessment is made, at which time any shortfalls in collections may be assessed retroactively by the Association.
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ARTICLE 10 PROPERTY RIGHTS OF OWNERS
Section 10.1. Owner's Easements of Access and Enjoyment. Every Owner has a perpetual, non-exclusive easement for ingress, egress and utilities to and from his Lot and for the use and enjoyment of the Common Area, which easement is appurtenant to and will pass with the title to every Lot, subject to the provisions set forth in this Declaration.
Section 10.2. Delegation of Use. Any Owner may delegate, in accordance with The Reserve at Johnson Ranch Documents, its rights of access and enjoyment described in Section 10.1 above to its tenants, employees, customers, guests or invitees.
Section 10.3. Easements of Record and of Use. The Property will be subject to all
easements shown on any recorded Plat and to any other easements of record or of use as of the date of recordation of this Declaration. ARTICLE 11
SPECIAL DECLARANT RIGHTS AND ADDITIONAL RESERVED RIGHTS
Section 11.1. General Provisions. Until the expiration of the Period of Declarant Control, Declarant will have the following Special Declarant Rights:
11.1.1. Completion of Improvements. The right to complete Improvements as
indicated on any Plat filed with respect to the Property. 11.1.2. Development Rights. The right to exercise all Development Rights in connection with the development of The Reserve at Johnson Ranch Project, including without
limitation the right or combination of rights hereby reserved by Declarant, as follows: (i) the right
to create Lots and Common Area on the Property; (ii) the right to subdivide Lots, combine Lots, and convert Lots into Common Area on any part of the Property; (iii) the right to withdraw real property from The Reserve at Johnson Ranch; (iv) the right to annex all or part of the Expansion Property to the Project, in accordance with Article 12; and/or (v) the right to do all things necessary
to complete the Project consistent with law.
11.1.3. Sales Activities. The right to maintain sales and management offices, and signs advertising The Reserve at Johnson Ranch.
11.1.4. Easements. The right to use easements through the Common Area on the
Property for the purpose of making, utilizing, and operating Improvements on the Property. 11.1.5. Association Directors and Officers. The right to vote for, appoint, designate, remove, and replace any officer or Director of the Association, as provided in this Declaration or
the Bylaws.
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11.1.6. Order of Exercise of Declarant's Rights. Declarant makes no representations and gives no assurances regarding the legal description of the boundaries of any
future phases of the Project or the order or time in which the future phases of the Project may be
developed or incorporated into The Reserve at Johnson Ranch, or whether or to what extent any of the Expansion Property will be developed or incorporated into the Project. Further, the fact that Declarant may exercise one or more of Declarant's Development Rights or other Special Declarant Rights on one portion of the Property or Expansion Property will not operate to require Declarant
to exercise a Development Right or other Special Declarant Right with respect to any other portion
of the Property or Expansion Property. Section 11.2. Supplemental Provisions Regarding Declarant's Rights. Without limiting the generality of the foregoing, certain of these Special Declarant rights are explained more fully
in this Article below. Further, Declarant reserves the right to amend this Declaration and any Plat
(including, without limitation, easements created thereby) in connection with the exercise of any Development Right or any other Special Declarant Right, and Declarant also reserves the additional rights retained for the benefit of Declarant in this Article and in other provisions of this Declaration. The Declarant further reserves the right to, but is not obligated to, create separate
associations of the multi-family and residential lot owners as well as a master association with
over-arching jurisdiction over the other associations. Declarant reserves the right to structure all associations of The Reserve at Johnson Ranch property Owners in the manner Declarant believes best serves the interests of The Reserve at Johnson Ranch.
Section 11.3. Utility Easements. There is hereby created an easement upon, across, over,
in, and under the Common Area, roadways and the areas designated on the final Plat or Plats of The Reserve at Johnson Ranch as utility easements for the installation, replacement, repair and maintenance of all utilities, including but not limited to water, sewer, gas, telephone, electrical, television and other communications systems. By virtue of this easement, it will be expressly
permissible and proper for the companies providing utility services to install and maintain
necessary equipment on and under the Common Area, the private roadways and the areas designated on the final Plat of The Reserve at Johnson Ranch as utility easements and to affix and maintain utility pipes, wires, circuits, conduits and other equipment under those areas. Any utility company using this easement will use its best efforts to install and maintain the utilities provided
for without disturbing the uses of the Owners, the Association and Declarant; will prosecute its
installation and maintenance activities as promptly and expeditiously as reasonably possible; and will restore the surface to its original condition as soon as possible after completion of its work. Should any utility company furnishing a service covered by the easement granted above request a specific easement by separate recordable document, either Declarant or the Association, will have,
and are hereby given, the right and authority to grant such easement upon, across, over, in or under
any part or all of the Common Area, the private roadways and the areas designated on the final Plat or Plats of The Reserve at Johnson Ranch as utility easements without conflicting with the terms of this Declaration. This easement will in no way effect, avoid, extinguish, or modify any other recorded easement on the Property.
Section 11.4. Reservation for Expansion and Construction. Declarant hereby reserves for itself and its successors and assigns and for Owners in all Expansion Property and future phases
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of The Reserve at Johnson Ranch, a perpetual easement and right-of-way for access over, upon, in, under, and across the Property for construction, utilities, drainage, ingress and egress, and for
use of the Common Area. The location of these easements and rights-of-way may be made certain
by Declarant or the Association by instruments recorded in Flathead County, Montana. Declarant further reserves the right to establish from time to time, by declaration or otherwise, utility, drainage, ingress and egress, and other easements over and across the Common
Areas, and to create other reservations, exemptions, and exclusions convenient or necessary for
the use and operation of any other property of the Declarant. The location of these easements may be made certain by Declarant or the Association by instruments recorded in Flathead County, Montana.
Section 11.5. Reservation of Easements, Exceptions and Exclusions for Utilities,
Infrastructure, and Access. Declarant reserves for itself and its successors and assigns and hereby grants to the Association, acting through the Board of Directors, the concurrent right to establish from time to time, by declaration or otherwise, utility and other easements, permits, or licenses over the Common Area, for purposes including but not limited to streets, paths, walkways,
drainage, recreational areas and parking areas, and to create other reservations, exceptions, and
exclusions in the interest of the Owners and the Association. Section 11.6. Maintenance Easement. An easement is hereby reserved to Declarant for itself and its successors and assigns and granted to the Association, and any member of the Board
of Directors and their respective officers, agents, employees, and assigns, upon, across, over, in
and under the Property and a right to make such use of the Property as may be necessary or appropriate to make emergency repairs or to perform the duties and functions which the Association is obligated or permitted to perform pursuant to The Reserve at Johnson Ranch Documents.
Section 11.7. Drainage Easement. An easement is hereby reserved to Declarant for itself and its successors and assigns and granted to the Association, its officers, agents, employees, successors and assigns to enter upon, across, over, in, and under any portion of the Property for the purpose of changing, correcting, or otherwise modifying the grade or drainage channels of the
Property so as to improve the drainage of water. Reasonable efforts will be made to use this
easement so as not to disturb the uses of the Owner, the Association and Declarant, as applicable, to the extent possible; to prosecute such drainage work promptly and expeditiously; and to restore any areas affected by such work to a sightly and usable condition as soon as reasonably possible following such work.
Section 11.8. Declarant's Rights Incident to Construction. Declarant, for itself and its successors and assigns, hereby retains a right and easement of ingress and egress over, in, upon, under and across the Common Area and the right to store materials thereon and to make such other use thereof as may be reasonably necessary or incident to the construction of the Improvements
on the Property or other real property owned by The Reserve at Johnson Ranch, LLC or any
Successor Declarant, provided, however, that no such rights will be exercised by Declarant in such
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a way as to unreasonably interfere with the occupancy, use, enjoyment or access to an Owner's Lot by the Owner or his family, tenants, employees, guests or invitees.
Section 11.9. Easements Deemed Created. All conveyances of Lots hereafter made, whether by Declarant or otherwise, will be construed to grant and reserve the easements contained in this Article, even though no specific reference to such easements or to this Article appears in the instrument for such conveyance.
ARTICLE 12 EXPANSION AND WITHDRAWAL Section 12.1. Reservation of Right to Expand. Declarant reserves the right during the
Period of Declarant Control, but will not be obligated, to expand the effect of this Declaration to
include all or part of the Expansion Property. The consent of the existing Lot Owners and Mortgagees will not be required for any such expansion, and Declarant may proceed with such expansion without limitation at its sole option. Declarant will have the unilateral right to transfer to any other person this right to expand by an instrument duly recorded.
Section 12.2. Declaration of Annexation. Any expansion of the Project may be accomplished by recording a Declaration of Annexation and, when appropriate, one or more supplemental Plats in the records of the Clerk and Recorder of Flathead County, Montana, before the expiration of the Period of Declarant Control. The Declaration of Annexation will describe
the real property to be expanded, submitting it to these Covenants and, as applicable, provide for
voting rights in the Association and Assessment allocations as determined in Declarant’s sole discretion. Such Declaration of Annexation will not require the consent of Owners, the Association, or the Board of Directors; any such expansion will be effective upon the filing for record of such Declaration of Annexation in the real estate records of Flathead County, Montana,
unless otherwise provided therein. The expansion may be accomplished in stages by successive
supplements or in one supplemental expansion. Upon the recordation of any such Declaration of Annexation, the definitions used in this Declaration will be expanded automatically to encompass and refer to The Reserve at Johnson
Ranch as expanded. Such Declaration of Annexation may add supplemental covenants peculiar to
the Expansion Property in question, or delete or modify provisions of this Declaration as it applies to the Expansion Property added. However, this Declaration may not be modified with respect to that portion of the Property already subject to this Declaration, except as provided in this Declaration for amendment.
ARTICLE 13 INSURANCE Section 13.1. Authority to Purchase. All insurance policies relating to the Common Area
will be purchased by the Board of Directors or its duly authorized agent. The Board of Directors
and the Declarant will not be liable for failure to obtain any coverage required by this Article or for any loss or damage resulting from such failure if such failure is due to the unavailability of
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such coverage from reputable insurance companies, or if such coverage is available only at demonstrably unreasonable costs.
Section 13.2. General Insurance Provisions. All such insurance coverage obtained by the Board of Directors will be governed by the following provisions: 13.2.1. As long as Declarant owns any Lot, Declarant, and Declarant’s members,
managers, officers, directors, shareholders, trustees, and other persons designated by Declarant,
will be protected by all such policies in the same manner as any other Owner. 13.2.2. The deductible, if any, on any insurance policy purchased by the Board of Directors may be treated as a Common Expense payable from Annual Assessments or Special
Assessments (allocable to all of the Lots or to only some of the Lots, if the claims for damages
arise from the negligence of particular Owners, or if the repairs benefit only particular Owners), or as an item to be paid from working capital reserves established by the Board of Directors. Section 13.3. Physical Damage Insurance on Common Area. The Association will obtain
insurance for such insurable Improvements and with such coverages, limits, deductibles and other
terms and conditions as the Board may determine from time to time. Section 13.4. Liability Insurance. The Association may obtain a comprehensive policy of public liability insurance and property damage insurance with such coverage and limits as the
Board of Directors may from time to time determine, insuring each member of the Board of
Directors, the Association, and the respective employees, agents, and all persons acting as agents against any liability to the public or the Owners (and their guests, invitees, tenants, agents and employees) arising in connection with the ownership, operation, maintenance or use of the Common Area and streets and roads within The Reserve at Johnson Ranch and any other areas
under the control of the Association. Declarant will be included in the coverage as an additional
insured in Declarant's capacity as an Owner or Director. ARTICLE 14 ENFORCEMENT OF COVENANTS
Section 14.1. Violations Deemed a Nuisance. Every violation of this Declaration or any other violation of The Reserve at Johnson Ranch Documents is deemed to be a nuisance and is subject to all the remedies provided for the abatement of the violation. In addition, all public and private remedies allowed at law or equity against anyone in violation of these Covenants will be
available.
Section 14.2. Compliance. Each Owner or other occupant of any part of the Property will comply with the provisions of The Reserve at Johnson Ranch Documents as the same may be amended from time to time.
Section 14.3. Failure to Comply. Failure to comply with The Reserve at Johnson Ranch Documents will be grounds for an action to recover damages or for injunctive relief to cause any
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such violation to be remedied, or both. Reasonable notice and an opportunity for a hearing may, but is not required to be, provided in the Bylaws, and if such notice and opportunity is so provided,
will be given to the delinquent party prior to commencing any legal proceedings.
Section 14.4. Who May Enforce. Any action to enforce The Reserve at Johnson Ranch Documents may be brought by Declarant or the Board in the name of the Association on behalf of the Owners. If, after a written request from an aggrieved Owner, none of the foregoing persons or
entities commences an action to enforce The Reserve at Johnson Ranch Documents, then the
aggrieved Owner may bring such an action. Section 14.5. Nonexclusive Remedies. All the remedies set forth herein are cumulative and not exclusive. The Owner in violation waives any requirement to post a bond in connection
with the granting of an injunction.
Section 14.6. No Waiver. The failure of the Board of Directors, Declarant, or any aggrieved Owner to enforce The Reserve at Johnson Ranch Documents in any one or more instances will not be deemed a waiver of the right to do so for any subsequent violations or of the
right to enforce any other part of The Reserve at Johnson Ranch Documents at any future time.
Section 14.7. No Liability. No member of the Board of Directors, the Declarant or any Owner will be liable to any other Owner for the failure to enforce any of The Reserve at Johnson Ranch Documents at any time.
Section 14.8. Recovery of Costs. If legal assistance is obtained to enforce any of the provisions of The Reserve at Johnson Ranch Documents, or in any legal proceeding (whether or not suit is brought) for damages or for the enforcement of The Reserve at Johnson Ranch Documents or the restraint of violations of The Reserve at Johnson Ranch Documents, the
prevailing party will be entitled to recover all costs incurred by it in such action, including
reasonable attorney’s fees (and legal assistants’ fees) and costs as may be incurred, or if suit is brought, as may be determined by the court. ARTICLE 15
RESOLUTION OF DISPUTES
If any dispute or question arises between Members or between Members and the Association or relating to the interpretation, performance or nonperformance, violation, or enforcement of The Reserve at Johnson Ranch Documents, such dispute or violation may, but is
not required to, be subject to a hearing and determination by the Board in accordance with the
procedures set forth in the Bylaws. ARTICLE 16 DURATION OF THESE COVENANTS AND AMENDMENT
Section 16.1. Term. This Declaration and any amendments or supplements hereto will remain in effect from the date of recordation until the 50th anniversary of the date this Declaration
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is first recorded in the office of the Clerk and Recorder of Flathead County, Montana. Thereafter these Covenants will be automatically extended for successive periods of ten (10) years each,
unless otherwise terminated or modified as provided below.
Section 16.2. Amendment, Replacement, Termination. Until the end of the Period of Declarant Control, the Declarant shall have the sole authority and power to amend, replace, supersede, or terminate this Declaration from time to time, by recording an instrument in writing
signed by the Declarant. After the Period of Declarant Control, the Association shall have the sole
authority to amend, replace, supersede, or terminate the Declaration, by recording an instrument in writing signed by a duly authorized officer of the Association, but only after obtaining the affirmative vote from the Owners of seventy percent (70%) of the Lots. No amendment, replacement, or termination of the Declaration shall be effective until it has been recorded in the
office of the Clerk and Recorder of Flathead County, Montana.
ARTICLE 17 MISCELLANEOUS PROVISIONS
Section 17.1. Severability. This Declaration, to the extent possible, will be construed or reformed so as to give validity to all of its provisions. Any provision of this Declaration found to be prohibited by law or unenforceable will be ineffective to the extent of such prohibition or unenforceability without invalidating any other part hereof.
Section 17.2. Construction. In interpreting words in this Declaration, unless the context will otherwise provide or require, the singular will include the plural, the plural will include the singular, and the use of any gender will include all genders.
Section 17.3. Headings. The headings are included only for purposes of convenient
reference, and they will not affect the meaning or interpretation of this Declaration. Section 17.4. Waiver. No failure on the part of the Association or the Board to give notice or default or to exercise or to delay in exercising any right or remedy will operate as a waiver,
except as specifically provided above in the event the Board fails to respond to certain requests.
No waiver will be effective unless it is in writing and signed by the President or Vice President of the Board on behalf of the Association. Section 17.5. Limitation of Liability. Neither the Declarant, the Association, nor any
partner, officer, manager, director, or member of either the Declarant or the Board will be liable
to any party for any action or for any failure to act with respect to any matter arising by, through or under The Reserve at Johnson Ranch Documents if the action or failure was made in good faith. The Association will indemnify all of the officers, Board members, ARC members, Declarant, and the Declarant’s managers and members with respect to any act taken in their official capacity to
the extent provided in The Reserve at Johnson Ranch Documents.
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Section 17.6. Conflicts Between Documents. In case of conflict between this Declaration and the Articles of Incorporation or the Bylaws, this Declaration will control. In case of conflict
between the Articles of Incorporation and the Bylaws, the Articles of Incorporation will control.
Section 17.7. Assignment. Declarant may assign all or any part of the Special Declarant Rights or any of Declarant's other rights, obligations, interests, and reservations hereunder to any successor who takes title to all or part of the Property in a bulk transfer for the purpose of
development and sale. Such successor will be identified, the rights, interests, and reservations
being assigned will be described, and, to the extent required, concomitant obligations will be expressly assumed by such successor, all in a written instrument duly recorded in the records of the Clerk and Recorder of Flathead County, Montana.
Section 17.8. Covenants and Easements Run with the Land. The Covenants and all
easements created and referenced in this Declaration shall run with the land. Section 17.9. Notice. All notices required to be delivered hereunder shall be in writing and shall be delivered by the following methods and deemed effectively delivered as of the date
hereinafter specified: (i) three days after it is deposited in the mail if it is delivered postage prepaid,
(ii) on the date the notice is delivered by a courier service (including Federal Express, Express Mail, UPS, or similar operation) to the address of the person to whom it is directed, provided it is sent prepaid, return receipt requested (if available), (iii) on the date sent by electronic mail, with receipt confirmation requested, and (iv) on the date the notice is handed to the recipient if delivered
in person.
Notice may be delivered to any address of the recipient on file with the Association. Anyone entitled to receive notice hereunder may, from time to time, change its address for receiving notices by delivering written notice thereof in the manner outlined above or to a valid
email address for the Association.
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IN WITNESS WHEREOF, Declarant has signed this Declaration on the Date shown.
THE RESERVE AT JOHNSON RANCH, LLC
By: Nicholas J. Coussoulis, Manager
STATE OF MONTANA ) ss. County of Flathead )
On the ____ day of _____________, 202___, before me, the undersigned Notary Public in and for the State of Montana, duly commissioned and sworn, personally appeared Nicholas J. Coussoulis, Manager of The Reserve at Johnson Ranch, LLC, known to me to be the individual described in and who executed the within and foregoing instrument, and acknowledged that he
signed the same as his free and voluntary act and deed, for the uses and purposes therein
mentioned. WITNESS my hand and official seal hereto affixed the day and year first above written.
__________________________________________ Notary Public for the State of Montana (SEAL) Printed Name:
Residing at:
My Commission Expires:
B-
1
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70
7
1
7
2
59 60
69 68
COMMON AREA 4
61
66
64
COMMON AREA 3
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S00°15'55"E 633.44'
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S00°06'15"E 2271.14'S14°18'10"
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121.45'S00°10'50"W88.71'S4
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N00°01'26"W 2580.09'
SEE C-101 SEE C-101 SEE C-101 SEE C-101
40.2'
81.3'
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STREET NAME TBD
STREET NAME TBD
STREET NAME TBD
STILLWATER ROAD
ST
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FOUND 5/8" RE-BAR (NO CAP)
FOUND 2" ALUMINUM CAP BY
MONTANA DEPT. OF TRANSPORTATION
FOUND 5/8" RE-BAR WITH CAPMARKED "PUTNAM 4739S"
FOUND 1/2" RE-BAR WITH CAPMARKED "SANDS 7975S
FOUND 5/8" RE-BAR WITH CAP MARKED"BRIEN 7681S"
FOUND 5/8" RE-BAR (NO CAP)
FOUND 2" ALUMINUM CAP BY
MONTANA DEPT. OF TRANSPORTATION
FOUND 5/8" RE-BAR WITH CAPMARKED "PUTNAM 4739S"
FOUND 1/2" RE-BAR WITH CAPMARKED "SANDS 7975S
FOUND 5/8" RE-BAR WITH CAP MARKED"BRIEN 7681S"
LEGEND:
TOTAL AREA 91.81 Ac.
SINGLE-FAMILY RESIDENTIAL (LOTS 1-186) 35.89
MULTI-FAMILY RESIDENTIAL (LOT RA-2): 14.86COMMERCIAL (LOT B-1): 10.00
NORTH RESIDENTIAL LOT 187(RA-1) 4.98COMMON AREA: 11.92ROADS: 12.03
RIGHT-OF-WAY DEDICATION: 1.65ROAD RESERVATION: 0.52
DATE:
JACKOLA ENGR. & ARCH., P.C. WITHOUT THE WRITTEN CONSENT OFMAY NOT BE USED OR REPRODUCEDIS PROPRIETARY. THIS DOCUMENTTHE INFORMATION CONTAINED HEREIN
REVISIONS:
KALISPELL406-755-3208
#
BOZEMAN406-586-0707 VANCOUVER360-852-8746
DRAWN:CHECKED:
info@jackola.com jackola.com
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PRELIMINARY
C-100240
2
0
8
11/21/2024
MLBRAE
OVERALL
PRELIMINARY
PLAT
KA
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H
OVERALL PRELIMINARY PLAT11" =120'60-60 120 240
SCALE: 1" =
0
120'
ADDENDUMA
REVISION --/--/--1
--/--/--
A TRACT OF LAND LOCATED IN THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 26, TOWNSHIP 29 NORTH, RANGE 22WEST, PRINCIPAL MERIDIAN, MONTANA, FLATHEAD COUNTY, MONTANA AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE EAST QUARTER CORNER OF SAID SECTION 26; THENCE N00°15'55"W ALONG THE EAST BOUNDARY OF THENORTHEAST QUARTER OF SAID SECTION 26, A DISTANCE OF 30.00 FEET TO A POINT ON THE NORTH RIGHT-OF-WAY OF A 60-FOOT WIDE
DEEDED COUNTY ROAD KNOWN AS STILLWATER ROAD; THENCE S89°51'29"W ON AND ALONG SAID RIGHT-OF-WAY, A DISTANCE OF 206.22FEET TO THE TRUE POINT OF BEGINNING;
THENCE S89°51'21"W CONTINUING ALONG SAID RIGHT-OF-WAY BOUNDARY OF STILLWATER ROAD, A DISTANCE OF 1117.62 FEET TO APOINT ON THE WEST BOUNDARY OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF AID SECTION 25; THENCE N00°06'22"WALONG SAID WEST BOUNDARY, A DISTANCE OF 632.98 FEET; THENCE N89°50'04"E, A DISTANCE OF 1115.86 FEET; THENCE S00°15'55"E, A
DISTANCE OF 633.40 FEET TO THE POINT OF BEGINNING CONTAINING 16.23 ACRES, SUBJECT TO AND TOGETHER WITH ALL APPURTENANTEASEMENTS AND ENCUMBRANCES OF RECORD.
AND;
A TRACT OF LAND LOCATED IN THE EAST HALF OF THE SOUTHEAST QUARTER OF SECTION 26, TOWNSHIP 29 NORTH, RANGE 22 WEST,PRINCIPAL MERIDIAN, MONTANA, FLATHEAD COUNTY, MONTANA AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE EAST QUARTER CORNER OF SAID SECTION 26; THENCE S00°06'15"E ALONG THE EAST BOUNDARY OF THE SOUTHEASTQUARTER OF SAID SECTION 26, A DISTANCE OF 30.0 FEET; THENCE S89°51'48"W, A DISTANCE OF 30.00 FEET A POINT ON THE WESTERLY
RIGHT-OF-WAY OF A 60.00-FOOT WIDE DEEDED COUNTY ROAD KNOWN AS STILLWATER ROAD AND SAID POINT BEING THE TRUE POINT OFBEGINNING;
THENCE S00°06'15"E ALONG SAID WESTERLY RIGHT-OF-WAY, A DISTANCE OF 2271.14 FEET TO THE NORTHERLY RIGHT-OF-WAY OF OF AVARIABLE WIDTH PUBLIC ROAD KNOWN AS OLD RESERVE DRIVE; THENCE ALONG SAID RIGHT-OF-WAY THE FOLLOWING TEN (10) COURSES:
S14°18'09"W, A DISTANCE OF 121.45 FEET; S00°10'50"W, A DISTANCE OF 88.71 FEET; S49°18'14"W, A DISTANCE OF 103.92 FEET;N88°55'50"W, A DISTANCE OF 237.69 FEET; N75°59'10"W, A DISTANCE OF 86.45 FEET; N89°51'09"W, A DISTANCE OF 189.86 FEET;S79°39'44"W, A DISTANCE OF 148.58 FEET; S89°55'05"W, A DISTANCE OF 131.34 FEET; S61°21'36"W, A DISTANCE OF 74.61 FEET;S89°48'20"W, A DISTANCE OF 333.60 FEET TO A POINT ON THE WEST LINE OF THE EAST HALF OF THE SOUTHEAST QUARTER OF SECTION 26;
THENCE N00°01'26"W ALONG SAID WEST LINE, A DISTANCE OF 2580.09 FEET TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY OF
AFOREMENTIONED STILLWATER ROAD; THENCE N89°51'49"E ALONG SAID RIGHT-OF-WAY, A DISTANCE OF 1294.01 FEET TO THE POINT OFBEGINNING, CONTAINING 75.58 ACRES SUBJECT TO AND TOGETHER WITH ALL APPURTENANT EASEMENT AND ENCUMBRANCES OF RECORD.
WE HEREBY CERTIFY THAT THESE LOTS ARE EXCLUDED FROM SANITATION REVIEW BY THE DEPARTMENT OF ENVIRONMENTAL QUALITY
PURSUANT TO MCA 76-4-125 (1) A SUBDIVISION EXCLUDED FROM THE PROVISIONS OF CHAPTER 3 MUST BE SUBMITTED FOR REVIEWACCORDING TO THE PROVISIONS OF THIS PART, EXCEPT THAT THE FOLLOWING DIVISIONS OR PARCELS, UNLESS THE EXCLUSIONS ARE USEDTO EVADE THE PROVISIONS OF THIS PART, ARE NOT SUBJECT TO REVIEW: (d) AS CERTIFIED PURSUANT TO 76-4-127 (i) NEW DIVISIONS
SUBJECT TO REVIEW UNDER THE MONTANA SUBDIVISION AND PLATTING ACT.
DESCRIPTION
CO
M
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2
192021222324252627 161718 15
8
14 13
12
11
10
9
7176
178
177
180
179
160
96
97
99
100
101
98 161
163158
159 162
28
30
29
CO
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3
COMMON AREA 1
COMMON AREA 7 187
8,472 S.F.8,469 S.F.8,467 S.F.8,465 S.F.8,463 S.F.8,461 S.F.8,459 S.F.8,457 S.F.8,455 S.F.9,158 S.F.8,476 S.F.8,474 S.F.
8,113 S.F.
7,779 S.F.
7,269 S.F.
7,766 S.F.
7,766 S.F.
7,766 S.F.
7,766 S.F.
7,752 S.F.
7,280 S.F.7,489 S.F.
8,021 S.F.
7,511 S.F.
8,495 S.F.
8,500 S.F.
7,950 S.F.
7,500 S.F.
7,500 S.F.
8,113 S.F.
7,500 S.F.
7,500 S.F.
8,113 S.F.7,950 S.F.
7,350 S.F.7,350 S.F.
7,350 S.F.7,350 S.F.
10,063 S.F.
9,300 S.F.
9,300 S.F.
0.
1
1
A
c
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0.0
5
A
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10.43 Acres
4.98 Acres
0.91 Acres
0.8
3
A
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N89°53'18"E 770.00'
N0
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N89°53'48"E 74.68'
N89°53'48"E 74.76'
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N89°53'48"E 235.00'N89°53'48"E 240.00'
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N89°53'48"E 150.00'
N89°16'39"E 79.51'
N89°51'48"E 1284.02'
N89°50'04"E 1115.86'
S0
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S89°51'29"W 1117.62'
N0
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S89°51'29"W 1077.60'
729.8'347.8'
N0
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6
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40.0'728.0'347.8'
N89°51'48"E 1294.01'
35.0'60.0'60.0'60.0'60.0'60.0'60.0'60.0'60.0'15.0'60.0'60.0'60.0'65.0'60.0'
14
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35.2'60.0'60.0'60.0'60.0'60.0'60.0'60.0'60.0'15.0'60.0'60.0'60.0'59.8'
D=90°04'46"
R=355.00'
L
=
5
5
8.1
2'
L=75.4'
L=75.4'
L=75.4'
L=
75.4'
L=
75.4'
L=75.4'
14.5'L=52.9'65.0'
16
.
4
'
449.0'
120.0'120.0'117.5'117.5'74.8'
125.0'
125.0'46.8'122.5'122.5'
122.5'122.5'125.0'125.0'155.0'
60
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L=45.8'
L=143.8'
L=77.7'
D=90°04'46"
R
=230.0
0'
L=361.60'
D=90°04'46"
R=1
7
0.00'
L=267.27'
L=34.2'L=48.9'
L=48.9'
L=48.9'
L=4
8.9'
L
=
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L=49.1'
L=34.2'
155.0'125.0'125.0'
60
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40' RIGHT-OF-WAY DEDICATIONTO THE CITY OF KALISPELL
10' RIGHT-OF-WAYDEDICATION TO THE CITY
OF KALISPELL
10.0'
10' RIGHT-OF-WAYDEDICATION TO THE CITYOF KALISPELL
10.0'
N63°47
'
3
0
"
E
6
7
.
6
8
'
''
STILLWATER ROAD
EXISTING 30' DEEDED
COUNTY ROAD PERBOOK 30, PAGE 582
L=52.9'
7'
38
6
.
8
'
PROPOSED WATER SYSTEMEASEMENT FOR FUTURE"JOHNSON RANCH SUBDIVISION"
MATCH LINE
10' UTILITY EASEMENT
10' UTILITY EASEMENT
10' UTILITYEASEMENT
10' UTILITY
EASEMENT
DATE:
JACKOLA ENGR. & ARCH., P.C. WITHOUT THE WRITTEN CONSENT OFMAY NOT BE USED OR REPRODUCEDIS PROPRIETARY. THIS DOCUMENTTHE INFORMATION CONTAINED HEREIN
REVISIONS:
KALISPELL406-755-3208
#
BOZEMAN406-586-0707 VANCOUVER360-852-8746
DRAWN:CHECKED:
info@jackola.com jackola.com
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PRELIMINARY
C-101240
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MLBRAE
PRELIMINARY
PLAT
KA
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PRELIMINARY PLAT11" =50'25-25 50 100
SCALE: 1" =
0
50'
ADDENDUMA
REVISION --/--/--1
--/--/--
6
5
4
3
2
1
8
10
9
7
174
176
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182
170 186
171 185
172 184
173 183
175 181
177
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94 103
95
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96
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106
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91
100
90
92
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93
102
98 161
152 169
153 168
167154
155 166
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157 164
163158
159 162
32
36
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28
31
30
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138
37
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89 108
88 109
87 110
86 111
85 112
84 113
83 114
82 115
151140141142143144145146147148149150
134
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139
10,046 S.F.
9,300 S.F.
9,300 S.F.
9,300 S.F.
9,300 S.F.
9,300 S.F.
9,300 S.F.
9,300 S.F.
7,692 S.F.7,692 S.F.7,692 S.F.7,692 S.F.7,692 S.F.7,692 S.F.7,692 S.F.7,692 S.F.
8,113 S.F.8,113 S.F.
7,344 S.F.7,344 S.F.
7,344 S.F.7,344 S.F.
7,344 S.F.7,344 S.F.
7,344 S.F.7,344 S.F.
7,344 S.F.7,344 S.F.
7,344 S.F.7,344 S.F.
7,344 S.F.7,344 S.F.
8,750 S.F.8,727 S.F.7,692 S.F.7,692 S.F.
7,029 S.F.
7,029 S.F.
7,029 S.F.
7,029 S.F.
7,029 S.F.
7,029 S.F.
8,376 S.F.
8,381 S.F.
8,386 S.F.
8,391 S.F.
8,396 S.F.
9,076 S.F.
7,779 S.F.
7,766 S.F.
7,752 S.F.
7,280 S.F.
7,500 S.F.
7,489 S.F.
8,021 S.F.
7,500 S.F.
8,113 S.F.8,113 S.F.
7,500 S.F.7,500 S.F.
7,500 S.F.7,500 S.F.
7,500 S.F.7,500 S.F.
7,500 S.F.7,500 S.F.
7,511 S.F.
8,495 S.F.
8,500 S.F.
7,950 S.F.
7,500 S.F.7,500 S.F.
7,500 S.F.
7,500 S.F.
7,500 S.F.
7,500 S.F.
7,500 S.F.
7,500 S.F.
8,113 S.F.
8,113 S.F.
7,500 S.F.
7,500 S.F.
8,113 S.F.
7,500 S.F.
7,500 S.F.
7,500 S.F.
7,500 S.F.
8,113 S.F.7,950 S.F.
7,950 S.F.7,950 S.F.
7,350 S.F.7,350 S.F.
7,350 S.F.7,350 S.F.
7,350 S.F.7,350 S.F.
7,350 S.F.7,350 S.F.
7,350 S.F.7,350 S.F.
7,350 S.F.7,350 S.F.
7,350 S.F.7,350 S.F.
9,300 S.F.
10,063 S.F.
9,300 S.F.
9,300 S.F.
9,300 S.F.
10,063 S.F.
9,300 S.F.
9,300 S.F.
9,300 S.F.
0.
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X X X X
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N0
0
°
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1
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2
6
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W
3
7
3
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7
1
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N89°53'48"E 135.07'
S89°53'48"W 750.16'
N89°53'48"E 74.76'
S0
0
°
0
1
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2
6
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E
3
7
3
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8
0
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S89°53'48"W 240.00'
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5
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5
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9
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N89°53'48"E 235.00'N89°53'48"E 240.00'
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6
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5
2
9
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3
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0
0
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N89°53'48"E 150.00'
S89°53'48"W 150.00'
N89°53'48"E 150.00'N89°53'48"E 240.00'
S0
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0
1
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6
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5
7
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0
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120.0'120.0'117.5'117.5'74.8'
125.0'
125.0'46.8'122.5'122.5'
122.5'122.5'125.0'125.0'155.0'
60
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L=143.8'
L
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R
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D=90°04'46"
R=17
0.0
0'
L=267.27'
L=48.9'
L=48.9'
L
=
48.6'
L=4
9.1'
L=34.2'
155.0'
155.0'
155.0'
155.0'
155.0'
155.0'
155.0'
155.0'
155.0'
155.0'
155.0'
155.0'
155.0'
155.0'
125.0'125.0'
125.0'125.0'
125.0'125.0'
125.0'125.0'
125.0'125.0'
125.0'125.0'
125.0'125.0'
120.0'120.0'
125.0'125.0'
125.0'125.0'
125.0'125.0'
125.0'125.0'
125.0'125.0'
125.0'125.0'
125.0'125.0'
122.5'122.5'
122.5'122.5'
122.5'122.5'
122.5'122.5'
122.5'122.5'
122.5'122.5'
125.0'125.0'
125.0'125.0'
125.0'125.0'
125.0'125.0'
125.0'125.0'
125.0'125.0'140.0'
139.9'
139.8'
139.7'
139.6'
139.6'
64.8'61.5'61.5'61.5'61.5'61.5'61.5'61.5'61.5'61.5'61.5'70.0'
120.0'
120.0'
120.0'
120.0'
120.0'
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65
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DEDICATION TO THE CITYOF KALISPELL
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MATCH LINE
MATCH LINE
10 UTILITY EASEMENT
10' UTILITYEASEMENT
10' UTILITYEASEMENT
10' UTILITY
EASEMENT
10' UTILITYEASEMENT 10' UTILITYEASEMENT
10' UTILITY
EASEMENT
10' UTILITYEASEMENT 10' UTILITYEASEMENT
DATE:
JACKOLA ENGR. & ARCH., P.C. WITHOUT THE WRITTEN CONSENT OFMAY NOT BE USED OR REPRODUCEDIS PROPRIETARY. THIS DOCUMENTTHE INFORMATION CONTAINED HEREIN
REVISIONS:
KALISPELL406-755-3208
#
BOZEMAN406-586-0707 VANCOUVER360-852-8746
DRAWN:CHECKED:
info@jackola.com jackola.com
PR
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#
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PRELIMINARY
C-102240
2
0
8
11/21/2024
MLBRAE
PRELIMINARY
PLAT
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L
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PRELIMINARY PLAT11" =50'25-25 50 100
SCALE: 1" =
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ADDENDUMA
REVISION --/--/--1
--/--/--
127
126
125
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9,300 S.F.
9,300 S.F.
9,300 S.F.
9,300 S.F.
9,300 S.F.
9,300 S.F.
9,300 S.F.
9,300 S.F.
9,300 S.F.
9,300 S.F.
9,300 S.F.
8,113 S.F.8,112 S.F.
9,154 S.F.9,167 S.F.9,167 S.F.
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8,113 S.F.8,113 S.F.
7,344 S.F.7,344 S.F.
7,344 S.F.7,344 S.F.
7,344 S.F.7,344 S.F.
7,344 S.F.7,344 S.F.
7,344 S.F.7,344 S.F.
8,113 S.F.8,113 S.F.
7,615 S.F.7,615 S.F.
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8,106 S.F.
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7,200 S.F.
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8,062 S.F.
14.86 Acres
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N89°58'34"E 220.00'
N89°58'34"E 756.73'
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7.1'
ST
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A
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A
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10' RIGHT-OF-WAYDEDICATION TO THE CITY
OF KALISPELL
MATCH LINE
MATCH LINE
10' UTILITYEASEMENT
10' UTILITY
EASEMENT
10' UTILITY
EASEMENT
10' UTILITYEASEMENT
35
9
.
3
'
DATE:
JACKOLA ENGR. & ARCH., P.C. WITHOUT THE WRITTEN CONSENT OFMAY NOT BE USED OR REPRODUCEDIS PROPRIETARY. THIS DOCUMENTTHE INFORMATION CONTAINED HEREIN
REVISIONS:
KALISPELL406-755-3208
#
BOZEMAN406-586-0707 VANCOUVER360-852-8746
DRAWN:CHECKED:
info@jackola.com jackola.com
PR
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PRELIMINARY
C-103240
2
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11/21/2024
MLBRAE
PRELIMINARY
PLAT
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PRELIMINARY PLAT11" =50'25-25 50 100
SCALE: 1" =
0
50'
ADDENDUMA
REVISION --/--/--1
--/--/--
B-1
127
126
125
129
128
58
50
51
52
53
54
55
56
57
12473
77 120
76 121
75 122
74 123
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59
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9,300 S.F.
9,300 S.F.
9,300 S.F.
9,300 S.F.
9,300 S.F.
9,300 S.F.
9,300 S.F.
9,300 S.F.
9,300 S.F.
8,113 S.F.8,112 S.F.
16,723 S.F.
19,452 S.F.
11,464 S.F.
20,849 S.F.
9,154 S.F.9,167 S.F.9,167 S.F.
9,313 S.F.
9,765 S.F.
16,133 S.F.
15,937 S.F.
10,572 S.F.
17,106 S.F.
10,491 S.F.
7,615 S.F.7,615 S.F.
7,615 S.F.7,615 S.F.
7,615 S.F.7,615 S.F.
7,604 S.F.7,626 S.F.
7,200 S.F.
7,200 S.F.
7,200 S.F.
7,200 S.F.
8,062 S.F.
0.3
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10.00 Acres
0.48 Acres
0.04 Acres
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(OHP)(OHP)(OHP)(OHP)(OHP)(OHP)(OHP)(OHP)(OHP)(OHP)(OHP)(OHP)
(OHP)
(OHP)
(OHP)
(OHP)(OHP)(OHP)(OHP)(OHP)(OHP)(OHP)(OHP)(OHP)(OHP)(OHP)(OHP)(OHP)(OHP)(OHP)(OHP)(OHP)(OHP)(OHP)(OHP)(OHP)(OHP)(OHP)(OHP)
(FO)(FO)(FO)
(FO)
(FO)(FO)(FO)(FO)(FO)(FO)(FO)(FO)(FO)(FO)
(UT)(UT)(UT)(UT)
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60
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125.0'125.0'
125.0'125.0'
7.1'7.1'7.1'
7.1'
7.1
'
N89°58'34"E 115.00'
N0
0
°
0
1
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2
6
"
W
4
3
5
.
0
73.3'73.3'73.3'
12
0
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N89°58'34"E 220.00'
N89°58'34"E 756.73'
20
6
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2
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60
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70
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N53°0
7
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1
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30.0
'
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1
°
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1
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°
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30.0
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°
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30
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0
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°
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S57
°
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'
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°
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3
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9
'
N88°41'22"E 465.12'
201.7'70.0'163.4'30.0'
L=109.77'
R=23
0.00'
D=27°20'41"
L=79.91'
R=1
70.00'
D=26°55'55"
L=26.5'
L=62.1'
L
=
2
1.2'
D=292°
2
9'11
"
R=58.00'
L=296.0
8'
L=37.3'
L=28.3'
L=31.4'
L=47.4'
L =33.0'
L=33.0'
35
.
0
'
57
4
.
9
'
ROAD RESERVE FOR FUTURERIGHT-OF-WAY DEDICATION
21.1'
R=5.00'L=5.03'
R=5.00'L=4.82'
ROAD RESERVE FOR FUTURERIGHT-OF-WAY DEDICATION
OLD RESERVE DRIVE
ST
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W
A
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E
R
R
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A
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10' RIGHT-OF-WAY
DEDICATION TO THE CITYOF KALISPELL
MATCH LINE
10' UTILITYEASEMENT
10' UTILITY
EASEMENT
10' UTILITYEASEMENT
N0
0
°
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"
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5
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3
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3
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'
48
.
3
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21
.
9
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23
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3
'
146.6'
N89°48'20"E 333.60'N61°21
'
3
6
"
E
7
4
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6
1
'
N89°55'05"E 130.91'
N79°41'30"E
1
4
9
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0
1
'
S89°51'09"E 189.86'S75°59'10"
E
8
6
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4
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S88°55'50"E 237.70'
N49°1
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65.0'65.9'
35
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40.
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81.
3
'
DATE:
JACKOLA ENGR. & ARCH., P.C. WITHOUT THE WRITTEN CONSENT OFMAY NOT BE USED OR REPRODUCEDIS PROPRIETARY. THIS DOCUMENTTHE INFORMATION CONTAINED HEREIN
REVISIONS:
KALISPELL406-755-3208
#
BOZEMAN406-586-0707 VANCOUVER360-852-8746
DRAWN:CHECKED:
info@jackola.com jackola.com
PR
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#
:
C:\D
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PRELIMINARY
C-104240
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8
11/21/2024
MLBRAE
PRELIMINARY
PLAT
KA
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P
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L
L
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A
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PRELIMINARY PLAT11" =50'25-25 50 100
SCALE: 1" =
0
50'
ADDENDUMA
REVISION --/--/--1
--/--/--
PHASE 1
PHASE 2
PHASE 2
PHASE 6
PHASE 3
PHASE 4
PHASE 5
PHASE 7
PHASE 8
PHASE 9
PHASE 10
PHASE 11
PHASE 12
LOT SUMMARY:
ZONING = R-3/PUD & RA-2/PUD & B-1/PUD
TOTAL RESIDENTIAL LOTS = 187
TOTAL RIGHT-OF-WAY = 14.20 AC.TOTAL R-3 AREA = 40.87 AC.
TOTAL RA-2 AREA = 14.86 AC.TOTAL B-1 AREA = 10.00 AC.
TOTAL COMMON/PARK AREAS = 11.92 AC.
PHASING LEGEND:
PHASE 1 - PROJECTED COMPLETION SPRING 2026- RESIDENTIAL - 26 LOTS- COMMON AREA- 1 LOT
PHASE 2 - PROJECTED COMPLETION SPRING 2027- RESIDENTIAL - 28 LOTS
- COMMON AREA - 1 LOT
PHASE 3 - PROJECTED COMPLETION SPRING 2028- RESIDENTIAL - 27 LOTS- COMMON AREA - 1 LOT
PHASE 4 - PROJECTED COMPLETION SPRING 2029
- RESIDENTIAL - 27 LOTS
PHASE 5 - PROJECTED COMPLETION SPRING 2030
- RESIDENTIAL - 32 LOTS
PHASE 6 - PROJECTED COMPLETION SPRING 2031
- COMMERCIAL - 1 LOT
PHASING LEGEND:
PHASE 7 - PROJECTED COMPLETION SPRING 2032- MULTIFAMILY - 1 LOT
PHASE 8 - PROJECTED COMPLETION SPRING 2033- MULTIFAMILY - 1 LOT
PHASE 9 - PROJECTED COMPLETION SPRING 2034- RESIDENTIAL - 29 LOTS
PHASE 10 - PROJECTED COMPLETION SPRING 2035
- RESIDENTIAL - 17 LOTS
PHASE 11 - PROJECTED COMPLETION SPRING 2036
- MULTIFAMILY - 1 LOT
PHASE 12 - PROJECTED COMPLETION SPRING 2037
- MULTIFAMILY - 1 LOT
DATE:
JACKOLA ENGR. & ARCH., P.C. WITHOUT THE WRITTEN CONSENT OFMAY NOT BE USED OR REPRODUCEDIS PROPRIETARY. THIS DOCUMENTTHE INFORMATION CONTAINED HEREIN
REVISIONS:
KALISPELL406-755-3208
#
BOZEMAN406-586-0707 VANCOUVER360-852-8746
DRAWN:CHECKED:
info@jackola.com jackola.com
PR
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J
E
C
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#
:
C:\U
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C
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1
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d
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PRELIMINARY
240
2
0
8
11/21/2024
MLBWJS
SUBDIVISION
PHASING PLAN
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L
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SUBDIVISION PHASING PLAN11" = 120'60-60 120 240
SCALE: 1" =
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(OHP)(OHP)(OHP)(OHP)(OHP)(OHP)(OHP)(OHP)(OHP)(OHP)(OHP)(OHP)(OHP)(OHP)(OHP)(OHP)(OHP)(OHP)(OHP)(OHP)(OHP)
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C.O.S. 7262
X X X X X X X X X X X X X X X X
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1
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3
3
3
3 3
3
4
4
4
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4
4
4
4
5
5
5
5 5
5
KEYNOTES:
1. WATER MAIN.2. SANITARY SEWER MAIN.3. SANITARY SEWER MANHOLE.
4. STORM MAIN.5. STORM MANHOLE.6. NEW RETENTION POND.
GENERAL NOTES:1. CONTRACTOR TO COORDINATE DRY UTILITYCONNECTIONS WITH APPROPRIATE UTILITYCOMPANY PRIOR TO CONSTRUCTION.
#
SITE UTILITY PLAN11" = 120'60-60 120 240
SCALE: 1" =
0
120'
DATE:
JACKOLA ENGR. & ARCH., P.C. WITHOUT THE WRITTEN CONSENT OFMAY NOT BE USED OR REPRODUCEDIS PROPRIETARY. THIS DOCUMENTTHE INFORMATION CONTAINED HEREIN
REVISIONS:
KALISPELL406-755-3208
#
BOZEMAN406-586-0707 VANCOUVER360-852-8746
DRAWN:CHECKED:
info@jackola.com jackola.com
PR
O
J
E
C
T
#
:
C:\U
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A
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1
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PRELIMINARY
240
2
0
8
11/21/2024
MLBWJS
SITE UTILITY PLAN
KA
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X
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C.O.S. 7262
X X X X X X X X X X X X X X X X
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3 3
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5
5
5
5 5
5
KEYNOTES:
1. WATER MAIN.2. SANITARY SEWER MAIN.3. SANITARY SEWER MANHOLE.
4. STORM MAIN.5. STORM MANHOLE.6. NEW RETENTION POND.
GENERAL NOTES:1. CONTRACTOR TO COORDINATE DRY UTILITYCONNECTIONS WITH APPROPRIATE UTILITYCOMPANY PRIOR TO CONSTRUCTION.
#
SITE UTILITY PLAN11" = 120'60-60 120 240
SCALE: 1" =
0
120'
DATE:
JACKOLA ENGR. & ARCH., P.C. WITHOUT THE WRITTEN CONSENT OFMAY NOT BE USED OR REPRODUCEDIS PROPRIETARY. THIS DOCUMENTTHE INFORMATION CONTAINED HEREIN
REVISIONS:
KALISPELL406-755-3208
#
BOZEMAN406-586-0707 VANCOUVER360-852-8746
DRAWN:CHECKED:
info@jackola.com jackola.com
PR
O
J
E
C
T
#
:
C:\U
s
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\
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.
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PRELIMINARY
240
2
0
8
11/21/2024
MLBWJS
SITE UTILITY PLAN
KA
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