I3. Aspen Creek West Ph 1 Final PlatPlanning Department
201 1st Avenue East
CITY OF Kalispell, MT 59901
Phone: (406) 758-7940
KALISPELL Fax: kalisp406) ll.com9
www.kalispell.com/planning
REPORT TO: Jarod Nygren, Interim City Manager
FROM: PJ Sorensen, Assistant Director of Development Services
SUBJECT: Final plat request for Aspen Creek West Phase 1
MEETING DATE: October 20, 2025
BACKGROUND: 520 Three Mile Drive Associates, LLC, has submitted a request for final plat
approval of Aspen Creek West Phase 1. This phase contains approximately 15.02 acres, including
52 single-family and townhouse residential lots, common area, and streets. The property can be
described as shown on the attached Exhibit A.
The City Council approved the preliminary plat with 37 conditions on July 5, 2022 (Resolution 6081).
All of the conditions have been met or adequately addressed. The following report summarizes the
applicant's compliance with the conditions of approval. All infrastructure has been installed and
accepted or bonded for. A subdivision improvement agreement in the amount of $835,195.56
secured by two letters of credit (one for $360,160.00 and one for $475,035.56) is included for the
Council's consideration.
In addition, a Memorandum of Understanding ("MOU") was prepared for the Council's
consideration. The MOU is the result of a five-year warranty period for infrastructure rather than the
typical two-year period. The longer warranty period resulted from inconsistencies in the frequency
of compaction testing which potentially could impact the infrastructure within the subdivision. Since
the typical warranty bonding is for a two-year period, the MOU provides for renewing the bond after
the initial two-year period.
RECOMMENDATION: It is recommended that the City Council make a motion to approve the final
plat for Aspen Creek West Phase 1, as well as both the subdivision improvement agreement and
memorandum of understanding.
FISCAL EFFECTS: Positive impacts once developed.
ALTERNATIVES: Deny the request.
ATTACHMENTS: Subdivision Improvement Agreement
Memorandum of Understanding
Final plat compliance letter and associated attachments
Report compiled: October 13, 2025
Aimee Brunckhorst, Kalispell City Clerk
EXHIBIT A
LEGAL DESCRIPTION PERIMETER
A TRACT OF LAND BEING A PORTION OF TRACT 2 OF CERTIFICATE OF SURVEY NO. 16428, ON FILE AND OF RECORD IN FLATHEAD COUNTY, MONTANA. LOCATED IN THE NORTHEAST ONE QUARTER OF
SECTION 11. TOWNSHIP 28 NORTH, RANGE 22 WE PRINCIPAL MERIDIAN, MONTANA. CITY OF KALISPELL. COUNTY OF FLATHEAD, MONTANA; MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF SAID TRACT 2; THENCE NO3'28'39'E. ALONG THE WEST SOUNOARY LINE OF SAID TRACT 2 AND THE EAST BOUNDARY LONE OF THE PLAT OF SPRING
CREEK. ESTATES 1. ON FILE. AND OF RECORD IN FLATHEAD COUNTY, MONTANA, 842.63 FEET TO A POINT ON THE SOUTH BOUNDARY LINE OF PARCEL B OF CERTIFICATE OF SURVEY NO.4218. ON FILE
AND OF RECORD IN FLATHEAD COUNTY. MONTANA; THENCE S86'3702'E, ALONG SAID SOUTH BOUNDARY LINE, 317.35 FEET TO THE SOUTHEAST CORNER OF SAID PARCEL B: THENCE NO3'28A7E,
ALONG THE EAST BOUNDARYLINE OF SAID PARCEL S. 120.60 FEET TO THE APPROXIMATE THREAD OF SPRING CREEM; THENCE S41'15755'E. 182.55 FEET; THENCE S55'08'17'E, 150.35 FEET; THENCE
N68'51'37'E. 25&17 FEET TO THE APPROXIMATE THREAD OF SPRING CREEK AND A POINT ON THE EAST BOUNDARY LINE OF SAID TRACT 2 OF CERTIFICATE OF SURVEY 1642E AND THE WEST
BOUNDARY LINE OF THE PLAT OF ASPEN CREEK SUBDIVISION PHASE 2, ON FILE AND OF RECORD IN FLATHEAD COUNTY, MONTANA; THENCE S05'10'28'W, ALONG SAID WEST BOUNDARY LINE OF THE
PLAT OF ASPEN CREEK SUBDIVISION PHASE 2, 317.10 FEET; THENCE S08'1735'W, CONTINUING ALONG SAID WEST BOUNDARY LINE OF THE PLAT OF ASPEN CREEK SUBDIVISION PHASE 2, 426.09 FEET
TO THE SOUTHWEST CORNER THEREOF, SAID POINT ALSO BEING THE NORTHWEST CORNER OF THE PLAT OF TWO MILE TRACTS PHASE 2, ON FILE AND OF RECORD IN FLATHEAD COUNTY, MONTANA;
THENCE S06'0715"W. ALONG THE WEST BOUNDARY LINE OF SAID PLAT OF TWO MILE TRACTS PHASE 2.114.96 FEET TO THE SOUTHEAST' CORNER OF SAID TRACT 2 OF CERTIFICATE OF SURVEY 16428.
SAID POINT ALSO BEING THE NORTHEAST CORNER OF THE PLAT OF ASPEN KNOLL SUBDIVISION PHASE 1, ON FILE AND OF RECORD IN FLATHEAD COUNTY, MONTANA; THENCE N86'51'1 M. ALONG
THE. SOUTH BOUNDARY LINE OF SAID TRACT 2 AND THE NORTH BOUNDARY LINE OF SAID PLAT OF ASPEN KNOLL SUBDIVISION PHASE 1. 766.54 FEET TO THE POINT OF BEGINNING; CONTAINS 15.02
ACRES, MORE OR LESS, BEING SURVEYED AND MON UMENTED ACCORDING TO THIS PLAT.
Return to:
Aimee Brunckhorst
Kalispell City Clerk
201 V Avenue East
Kalispell, MT 59901
APPENDIX E
SUBDIVISION IMPROVEMENT AGREEMENT
THIS AGREEMENT, made and entered into this .._ day of 20 , by and
between the CITY COUNCIL, CITY OF KALISPELL, MONTANA, Party of the First Part and
hereinafter referred to as the CITY, and
520 Three Mile Drive Associates, L.I-C (Name of
Developer)
a Delaware limited habili company
(Individual, Company or Corporation)
located at 940 Emmett Ave., Suite 200, Belmont, San Mateo County, California, 94002 ,
(Street Address/P. O. Box) (City, County, State, Zip)
Party of the Second Part and hereinafter referred to as DEVELOPER.
WITNESSETH:
THAT WHEREAS, the Developer is the owner and developer of a new subdivision known as
_Aspen Creek West - Phase 1 -� (Name of
Subdivision)
located at Tract 2 of COS 16428, in the N 112 Section 11. T28N, R22W, P.M.,M., Flathead Count, MT
(Location of Subdivision)
and,
WHEREAS, the City has conditioned it's approval of the final plat of
Aspen Creek West - Phase 1 M , upon the conditions as set forth (Name
of Subdivision) in the Preliminary Plat of the Subdivision being completed and all improvements, as
cited in "Exhibit A" have not been completed at this time, and the Developer wishes to bond for the
completion of those improvements set forth in "Exhibit A"; and
WHEREAS, the City's Subdivision Regulations require that a subdivider shall provide a financial
security of 125% of the estimated total cost of construction of said improvements as evidenced by an
estimate prepared by a licensed public engineer included herewith as "Exhibit B'; and
WHEREAS, the estimated total cost of construction of said improvements is the sum of
$ 668.156.45
NOW THEREFORE, in consideration of the approval of the final plat of said Subdivision by the City,
the Developer hereby agrees as follows:
1. The Developer shall deposit as collateral with the City a Letter of Credit, or other acceptable collateral
as determined by the City Council, in the amount of $ 835 195.56 . Said Letter of
Credit or other collateral shall have an expiration date of at least sixty (60) days following the
date set for completion of the improvements, certifying the following:
a. That the creditor guarantees funds in the sum of $ 835,195.56 the estimated cost of
completing the required improvements in Aspen Creek West - Phase 1
(Name of Subdivision)
b. That if the Developer fails to complete the specified improvements within the required period,
the creditor will pay to the City immediately, and without further action, such funds as are
necessary to finance the completion of those improvements up to the limited of credit stated in the
letter;
2. That said required improvements shall be fully completed by July 15 , 20 26
3. That upon completion of the required improvements, the Developer shall cause to be filed with the
City a statement certifying that:
a. All required improvements are complete;
b. That the improvements are in compliance with the minimum standards specified by the City for
their construction and that the Developer warrants said improvements against any and all defects
for a period of two (2) years from the date of acceptance of the completion of those improvements
by the City;
c. That the Developer knows of no defects in those improvements;
d. That these improvements are free and clear of any encumbrances or liens;
c. That a schedule of actual construction costs has been filed with the City; and,
f. All applicable fees and surcharges have been paid.
4. The Developer shall cause to be filed with the City copies of final plans, profiles, grades and
specifications of said improvements, with the certification of the registered professional engineer
responsible for their preparation that all required improvements have been installed in
conformance with said specifications.
IT IS ALSO AGREED BY AND BETWEEN THE PARTIES HERETO AS FOLLOWS, TO -WIT:
That the Developer shall provide for inspection of all required improvements by a registered professional
engineer before the Developer shall be released from the Subdivision Improvement Agreement.
That if the City determines that any improvements are not constructed in compliance with the
specifications, it shall furnish the Developer with a list of specific deficiencies and may withhold collateral
sufficient to insure such compliance. If the City deter -nines that the Developer will not construct any or all
of the improvements in accordance with the specifications, or within the required time limits, it may
withdraw the collateral and employ such funds as may be necessary to construct the improvement or
improvements in accordance with the specifications. The unused portions of the collateral shall be returned
to the Developer or the crediting institution, as is appropriate.
IN WITNESS WHEREOF, the Parties have hereunto set their hands and seals the day and year herein
before written. ;)
(Name of Subdivision/Developer/Firm)
by
(Name)
STATE OF MONTANA
COUNTY OF
On this day of _ _ ..._.._ _ , 20 , before me, a Notary Public for the State
of Montana, personally appea known to me to be the
f whose name is subscribed to
the fore/fo'r'the
cknowledged to me that he/she executed the same.
1N WI-OF,I have hereunto set my hand and affixed my Notarial Seal this day and year
first abo
Notary Montana
a5d Name
ing at
Commission Expires
MAYOR, CITY OF KALISPELL
MAYOR
ATTEST:
CITY CLERK
Subdivision Improvement Agreement
Aspen Creek West — Phase 1
Developer Signature Page
Developer:
520 Three Mile Drive Associates, LLC,
a Delaware limited liability company
By: VPDC 2015, LLC,
a Delaware limited liability company,
its manager
By: ,..�
Name: ebra L. Perry
Its: Vice President
�A notary public or other officer completing this certificate verifies only the identity of the individual who
signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of
that document.
STATE OF CALIFORNIA
COUNTY OF PLACER §
On before me, ., _, Notary Public,
personally appeared Debra L. Perry , who proved to me on the basis of satisfactory
evidence to be the person(s) whose name(s(is�p.re-subscribed to the within instrument and ackno dged
to me that he eMey executed the same in h erft-iir authorized capacity(ies), and that by Iher/their
signature(s) a instrument the person(s),'-6T ttW entity upon behalf of which the person--acldd,
executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
oarapraph is true and correct.
WITNESS my hand and official seal.
Signature
lure of Notary Public
t KEL HESTER
U coMM. # 2458973
NOTARY PUBLIC - CALIFORNIA Q
SACRAMENTO COUNTY O
COMM. EXPIRES AUG.13, 2027s
Sea!
RESOLUTION NO.6081
A RESOLUTION CONDITIONALLY APPROVING THE PRELIMINARY PLAT OF
ASPEN CREEK WEST, DESCRIBED AS TRACT 2 OF CERTIFICATE OF SURVEY
NUMBER 16428, LOCATED IN THE NORTH HALF OF SECTION 11, TOWNSHIP 28
NORTH, RANGE 22 WEST, P.M.M., FLATHEAD COUNTY, MONTANA.
WHEREAS, 520 Three Mile Drive Associates, LLC, the owner of the certain real property
described above, has petitioned for approval of the Subdivision Plat of said property;
and
WHEREAS, the Kalispell City Planning Board and Zoning Commission held a public hearing on
June 14, 2022 on the proposal and reviewed Subdivision Report #KPP-22-05 issued
by the Kalispell Planning Department; and
WHEREAS, the Kalispell City Planning Board and Zoning Commission has recommended
approval of the Preliminary Plat of Aspen Creek West subject to certain conditions
and recommendations; and
WHEREAS, the city council of the City of Kalispell at its regular council meeting of July 5, 2022,
reviewed the Kalispell Planning Department Report #KPP-22-05, reviewed the
recommendations of the Kalispell City Planning Board and Zoning Commission, and
found from the Preliminary Plat, and evidence, that the subdivision is in the public
interest.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
KALISPELL, MONTANA AS FOLLOWS:
SECTION 1. That the Findings of Fact contained in Kalispell Planning Department Report
#KPP-22-05 are hereby adopted as the Findings of Fact of the city council.
SECTION 2. That the application of 520 Three Mile Drive Associates, LLC for approval
of the Preliminary Plat of Aspen Creek West, Kalispell, Flathead County,
Montana is hereby approved subject to the following conditions:
1. The Planned Unit Development for Aspen Creek West allows the following deviations from
the Zoning Regulations:
(1) Lot Area: Sec 27.06.040(1) — Minimum lot size in the R-3 zone is 6000 square feet. The
deviation reduces minimum lot area to 3791 square feet for the attached townhome lots.
(2) Lot Width: Sec 27.06.040(2) — The minimum lot width in the R-3 zone is 50 feet. The
deviation reduces the lot width requirement for the sublots for the townhome units to 40 feet.
2. The Planned Unit Development for Spring Creek Park allows the following deviations from
the Kalispell Subdivision Regulations:
(1) Road Sections: Section 28.3.14 The subdivision regulations and the Standards for
Design and Construction contain design criteria for roads. This deviation would allow an
alternative design for a private street in the northern area of the development and deviations
of the centerline radii on two curves on Triple Creek, as detailed within the staff report.
3. The preliminary plat approval for the subdivision is not effective until the ordinance
approving the PUD/zone change becomes effective.
4. The development of the site shall be in substantial compliance with the application
submitted, the site plan, materials and other specifications as well as any additional
conditions associated with the preliminary plat as approved by the city council.
5. A development agreement shall be drafted by the Kalispell City Attorney between the City
of Kalispell and the developer outlining and formalizing the terms, conditions and provisions
of approval. The final plan as approved, together with the conditions and restrictions
imposed, shall constitute the Planned Unit Development (PUD) zoning for the site that shall
be completed and signed by the city and owner prior to the issuance of a building permit.
6. Upon approval of the preliminary PUD by the City Council, the property owner shall
proceed with the preparation of the final PUD plan as provided in Section 27.19.020(7) of
the Kalispell Zoning Ordinance.
As a PUD with an associated preliminary plat application, the abandonment or expiration of
the PUD is governed by Section 27.19.020(10) of the Kalispell Zoning Ordinance.
8. The preliminary plat approval shall be valid for a period of three years from the date of
approval.
9. The storm water ponds shall be designed in a way that they become a visual interest to the
development. Chain link fencing surrounding the retention pond as the dominant feature
shall not be allowed without mitigation. The developer shall work closely with the Parks
Department and Public Works to develop a design that is both visually appealing and meets
the required safety guidelines. It is intended that when the project is developed the ponds will
act as features, particularly along the roadways, rather than a private maintenance utility
facility.
10. The storm water ponds will be required to be on utility lots, and access for maintenance of
the ponds shall be provided in accordance with city standards.
11. The developer shall submit to the Kalispell Public Works Department for review and
approval a storm water report and an engineered drainage plan that meets the requirements of
the current city standards for design and construction. Prior to final plat, a certification shall
be submitted to the Public Works Department stating that the drainage plan for the
subdivision has been installed as designed and approved.
12. The developer shall submit to the Kalispell Public Works Department prior to construction
an erosion/sediment control plan for review and approval and a copy of all documents
submitted to Montana Department of Environmental Quality for the General Permit for
Storm Water Discharge Associated with Construction Activities.
13. The developer shall submit water and sanitary sewer plans, applicable specifications, and
design reports to the Kalispell Public Works Department and the Montana Department of
Environmental Quality for concurrent review, with approval of both required prior to
construction.
14. New infrastructure required to serve the subdivision shall be designed and constructed in
accordance with the City of KalispeIl's Standards for Design and Construction. All design
work shall be reviewed and approved in writing by the Kalispell Public Works Department
prior to construction. This infiastructure shall include but not be limited to streets, street
lighting, street signage, curb, gutter, boulevard and sidewalks.
15. Water and sewer main extensions shall be designed and constructed in accordance with the
City of Kalispell's Standards for Design and Construction and in compliance with the city's
facilities update and extensions of services plans. The water and sewer main extension plans
shall be reviewed and approved by the Kalispell Public Works Department. Prior to final
plat, a certification shall be submitted to the Public Works Department stating that the water
and sewer mains have been built and tested as designed and approved.
16. The water main extension shall continue in Three Mile Drive to the west extent of the
property instead of entering the private road. The water main extension along Three Mile
Drive shall comply with the Water Facility Plan.
17. Any water rights associated with the property shall be transferred to the City of Kalispell.
The water rights shall be allocated proportionally for each phase of the development prior to
final plat.
18. The sewer main extension shall continue in Three Mile Drive instead of entering the private
road.
19. The developer shall submit the street designs to the Kalispell Public Works Department for
review and approval prior to construction. Street designs shall meet the city standards for
design and construction, except as otherwise provided for herein, including, but not limited
to, sidewalks, landscape boulevard, streetlights, and curb/gutter. A note shall be placed on
the final plat designating the northern road as private.
20. Pursuant to Sec 28.3.25 of the subdivision regulations, the final plat shall include a note
stating that "The owners hereby waive the right to protest the creation of an SID for the
purpose of financing improvements to area roads which specifically benefit this
subdivision."
21. The Traffic Impact Study ("TIS") shall be updated to address a drop in the level of service,
with the updated TIS to be reviewed and approved by the Public Works Department. Prior
to final plat, all mitigation recommended as part of the approved updated traffic impact study
relative to the given phase shall be completed. All improvements shall be reviewed and
approved by the Public Works Department. Per the city Standards for Design and
Construction, the development shall maintain or improve the existing level of service for the
affected roadways rather than simply maintaining an acceptable level of service.
22. The Geotech report and a grading plan shall be submitted for review and approval by the
City of Kalispell prior to submittal of any engineering or building plans related to the
property, and the proposed layout may be altered based on that review, including the
possibility of a reduction in the number of lots.
23. Prior to any work in the floodpWn, a floodplain development permit and any related permits
from the Corps of Engineers, the Conservation District, and/or other agencies shall be
obtained, if necessary, by the developer.
24. Under Section 28.3.06 of the subdivision regulations, the development shall maintain a
minimum I00-foot setback from wetlands to any proposed lot boundaries. Under Section
28.3.07, the development shall limit uses within the 100-foot setback from the stream.
25. Prior to final plat, a letter from the Kalispell Public Works Department shall be submitted
stating that all new infrastructure has been accepted by the City of Kalispell, any private
infrastructure has been constructed per city standards, and a proper bond has been accepted
for unfinished work.
26. All existing and proposed easements shall be indicated on the face of the final plat. Utility
easements for city water and sewer shall be provided to allow for the logical extension of
utilities from this subdivision to adjoining properties. A letter from the Kalispell Public Works
Department shall be obtained stating that the required easements are being shown on the final
plat.
27. The following statement shall appear on the final plat: "The undersigned hereby grants unto
each and every person, firm or corporation, whether public or private, providing or offering to
provide telephone, telegraph, electric power, gas, cable television, water or sewer service to the
public, the right to the joint use of an easement for the construction, maintenance, repair, and
removal of their lines and other facilities, in, over, under, and across each area designated on
this plat as "Utility Easement" to have and to hold forever."
Developer's Signature
28. Prior to filing the final plat, a letter from the US Postal Service shall be included stating the
Service has reviewed and approved of the design and location of the mail delivery site. The
mail delivery site shall be installed or bonded for prior to final plat. In addition, the mail
delivery site and improvements shall also be included in the preliminary and final
engineering plans to be reviewed by the Public Works Department. The mail delivery site
shall not impact a sidewalk or proposed boulevard area.
29. A homeowner's association (HOA) shall be formed and established to provide for the
maintenance of the common areas, including, but not necessarily limited to, roads, parks and
open space. Maintenance of any private roads and alleys shall include both short term and
long-term maintenance including, but not necessarily limited to, snow plowing, landscaping,
sidewalks, street repairs, overlays, and rebuilds of the street.
30. A letter from the Kalispell Fire Department approving the access, placement of the fire
hydrants and fire flows within the subdivision shall be submitted prior to final plat.
31, A letter shall be obtained from the Parks and Recreation Director approving a landscape plan
for the placement of trees and landscaping materials within the landscape boulevards of the
streets serving the subdivision, common area, and adjoining rights -of -way. The approved
landscape plan shall be implemented or a cash -in -lieu payment for installation of the street
trees and groundcover be provided to the Kalispell Parks and Recreation Department.
32. A park plan shall be created and approved by the Parks and Recreation Director prior to final
plat of Phase 1, and the plan shall show that the parkland dedication requirement is met for
each phase.
33. A note shall be placed on the final plat indicating a waiver of the right to protest creation of a
park maintenance district. This district shall only be activated in the event that the property
owners' association defaults on their park and open space amenity conditions. The
assessments levied within the maintenance district shall be determined by the Parks and
Recreation Department with approvals by the Kalispell City Council.
34. A note shall be placed on the final plat indicating a waiver of the right to protest creation of a
stormwater maintenance district. This district shall only be activated in the event that the
property owner(s) default on the maintenance of the approved stormwater facilities. The
assessments levied within the maintenance district shall be determined by the Public Works
Department with approvals by the Kalispell City Council.
35. A minimum of two-thirds of the necessary infrastructure for the subdivision shall be
completed prior to final plat submittal.
36. All utilities shall be installed underground and in locations that are approved by the Kalispell
Public Works Department in accordance with the Kalispell Standards for Design and
Construction.
37. All areas disturbed during development shall be re -vegetated with a weed -free mix
immediately after development.
SECTION 3. Upon proper review and filing of the Final Plat of said subdivision in the
office of the Flathead County Clerk and Recorder, said premises shall be a
subdivision of the City of Kalispell.
PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF
THE CITY OF KALISPELL THIS 5TH DAY OF JULY, 2022.
Judi Funk
Deputy City Clerk
Mark Johns
`,,%%I �rlIJll� ayor
�♦♦♦KA
0''•
�0S L'FR%
= C3 J892
`
RESOLUTION NO. 6252
A RESOLUTION APPROVING A TWO-YEAR EXTENSION TO THE PRELIMINARY
PLAT OF ASPEN CREEK WEST SUBDIVISION, LOCATED AT 520 THREE MILE
DRIVE IN SECTION 11, TOWNSHIP 28 NORTH, RANGE 22 WEST, P.M.M., FLATHEAD
COUNTY, MONTANA.
WHEREAS, the City Council of the City of Kalispell granted preliminary plat approval for Aspen
Creek West on July 5, 2022, and
WHEREAS, 520 Three Mile Drive Associates requested a two-year extension to the preliminary
plat of Aspen Creek West due to a delayed start in the availability of the contractor
and construction materials; and
WHEREAS, 520 Three Mile Drive Associates has met the certain conditions and it is in the best
interests of the city that the two-year extension be given.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
KALISPELL, MONTANA AS FOLLOWS:
SECTION 1. That the application of 520 Three Mile Drive Associates for a two-year
extension of the preliminary plat of Aspen Creek West Subdivision.
Kalispell. Flathead County. Montana is hereby approved.
PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY 'I"HE MAYOR 01'
TI IE CITY OF KALISPELL, -PHIS 5`I-H DAY OF MAY, 2025.
Mark Johnson
May or
ATTEST:
111111
�,�` tiL!' y1,,
o�vok�r S
'`'SEAL :r
�.
Aimee Brunckhorst, CMC
1g 'r;
S v
City Clerk
4f0��� ' .`
Project Name: ASPEN CREEK WEST PHASE 1
WGM Project Number* 171034
Diviner: 520 THREE MILE DRIVE ASSOCIATES
Bonding Date: October 6, 2025
EXHIBIT "B"
CERTIFICATION OF WORK TO BE � W G M IG R O U P
COMPLETED
Completed as of Bonding Date Total
Final Construction
Constru tlon Quantity Costs
Quantities and Costs
Line Item Item Description Unit Quantity
Unit Price Total
Quantity Current Total
Landscape Plan Cost Estimate
LA Park/Open Space Grass Seed Mix SF 28"
$0.09
S2,240.00
0
$0.00
L.2 2.2S' Caliper B&S trees installed with stakes EA 34
$1,199.00
S40.766.00
0
$0.00
L.3 Shrubs EA 180
SSS.00
S9900.00
0
$0.00
LA Perrenials EA 412
$22AO
S9,064.00
0
$000
ILLS Turf Sod SF 1302
$LSO
SI953.00
0
S000
L.6 8'Evergreen Trees installed EA 19
$1.249.00
$23,731.00
0
$0.00
L.7 Automatic Irrigation System SF 38373
S1.65
$63,31SAS
0
$0.00
L9 Colored Edging LF 163S
S12.00
$19,620.00
0
SO -DO
LAO Playground Chips CY 1S2
S30.00
S4,S60.00
0
$0.00
L.11 Large Bark Mukh C'Y 104
S88.00
$9.,1S2.00
0
$000
L.13 Weed Barrier Fabric Sy 1250
S1 75
52.187.S0
0
$0 W
L.12 Picnic Tables EA 3
S3,300.00
$9,900.00
1L
$0.00
L.13 Benches EA 6
S2,200.00
$13.200.00
0
$0.00
L.14 Playground Structure LS 1
$22,000.00
$22,000.00
0
$0.00
L.16 Balance Beam Play Structure FA 3
$72S.00
$2.175.00
0,
$o 00
LIS Scramble Boulder EA 4
$550.00
52,2110.00
0
so 00
L.16 Playground Curb LF 297
S22.00
$6.S34.00
0
$O.OD
L.17 Playground Fence LF 175
S38.50
56,737.S0
0
$o ro
L.18 Playground Gate EA 2
$SS0.00
51,100.00
0
SO.00
L.19 Concrete SF t780
$6.60
511,748.00
0
SO.00
GENERAL, OPEN SPACE, AND POND AREA LANDSCAPE TOTAL
S262,083.45
SO.00
L.20 2.2S' Caliper B&6 trees installed with stakes EA 55
S1,199.00
56S,94S.00
0
$0.00
L.21 Irrigation and seed boulevard areas LOT 52
$1,000.00
S52,000.00
0
$0.00
STREET TREE AND BOULEVARD LANDSCAPE TOTAL
$117,945.00
$0.00
ASPEN CREEK WEST LANDSCAPING TOTAL
S380,026.45
S0.00
Remaining Civil Cost Estimate
C.1 Asphalt Removal SF 63140
SLOO
$63,140.00
0
$0.00
C.2 Asphalt Placement SY 7016
S29.00
S203,464.00
0
$0.00
C.3 Concrete Collar Removal (Damaged and Temp filled) LS 1
S4,800.00
S4,800.00
0
$0.00
CA Concrete Collar Replacement Iraisingfloweriag iron included) LS 1
$10,000.00
$10.000.00
0
$0.00
C.5 Westland Drive Asphalt Removal SF 1400
$1.00
S1,400.00
0
SO.00
C.6 Westland Drive Asphalt Replacement Sy 156
S29.00
$4,524.00
0
50.00
C.7 Westland Drive Valve Boa Replacment LS 1
$800.00
$800.00
0
SO.00
CIVIL ITEMS TOTAL
S2$%128.00
$0.00
CIVIL FFEMS TOTAL
S2W,128.00
50.00
TOTAL PROJECT BUDGET (INCLUDES LANDSCAPING)
S666,156,45
$0.00
TOTAL ESTIMATED COST OF CONSTRUCTION
$668,156AS
.a
Approximate ftamprelpl
work as of
s4 ,,"` • .
AMOUNT COMPLETED PRIOR TO BONDING
$0.00
AMOUNT OF REMAINING WORK PRIOR TO BONDING
5668,156.45
AMOUNT OF BOND (125% OF REMAINING WORK)
$835,195 56
AS PROJECT ENGINEER FOR ASPEN CREEK WEST - PHASE 1, J CERTIFY THAT THE WORK LISTED HEREIN IS
CORRECT. IN ADDITION, I CERTIFY THAT THE ASSOCIATED COSTS ARE REASONABLY ACCURATE
ESTIMATES OF THE RESPECTIVE COSTS OF THE WORK.
THE VALUE OF CONSTRUCTION AND OTHER WORK COMPLETED TO DATE IS ESTIMATED TO BE:
THE TOTAL VALUE OF REMAINING WORK, SERVICES AND FEES IS ESTIMATED TO BE:
SECURITY HELD AT 125%OF THE REMAINING COSTS SHOULD BE IN THE AMOUNT OF:
$0.00
$669,156,45
$835,195.56
BENJAMIN RANKIN, P.E. 'ALL IMPROVEMENTS SHALL BE COMPLETED BY: July 15, 2026
Recording Requested By and
After Recording Return to:
Kalispell City Clerk
P.O. Box 1997
Kalispell, MT 59903
MEMORANDUM OF UNDERSTANDING
THIS MEMORANDUM OF UNDERSTANDING (the "Agreement"), made and entered
into this day of , 2025, by and between the CITY COUNCIL, CITY OF
KALISPELL, MONTANA (the "City"), NELCON, INC., a Montana Corporation, located at P.O.
Box 5370, Kalispell, Montana 59903 (the "Contractor"), and 520 THREE MILE DRIVE
ASSOCIATES, LLC, a Delaware limited liability company, located at 940 Emmett Avenue, Suite
200, Belmont, California 94002 (the "Subdivider").
WITNESSETH:
THAT WHEREAS, Contractor is the builder of record of certain improvements described herein
within a new subdivision owned by Subdivider, known as ASPEN CREEK WEST — PHASE 1 located
in the Northwest Quarter of the Northeast Quarter of Section 11, Township 28 North, Range 22 West
P.M.M., Flathead County, Montana, as legally described on "Exhibit A" attached hereto (the
"Subdivision"); and,
WHEREAS, Contractor has completed the infrastructure improvements in the City right-of-way
within the Subdivision as described on "Exhibit B" attached hereto (the "City Infrastructure"); and
WHEREAS, the City has conditioned its approval of the final plat of Aspen Creek West Phase
I (the "Final Plat") upon Contractor providing a five-year warranty period (the "Warranty Period")
related to the City Infrastructure, beginning on the date that is the later of the recording of the Final Plat
or acceptance of the City Infrastructure improvements by the City; and
WHEREAS, the City's Subdivision Regulations require that a contractor shall provide
financial security equal to 20% of the total value of public infrastructure constructed in the form of
either a Surety Bond, a Certificate of Deposit (CD) or an irrevocable Letter of Credit issued by a
bank licensed to do business in the State of Montana (LC) (each referred to as the "Warranty
Bond"); and
WHEREAS, Contractor cannot obtain a Warranty Bond for longer than a two-year period; and
WHEREAS, City, Contractor and Subdivider desire to enter into this Agreement to assure
Contractor's commitment to renew the Warranty Bond beyond the initial two-year term or otherwise
provide appropriate replacement security to the Warranty Bond for the full Warranty Period.
MEMORANDUM OF UNDERSTANDING
ASPEN CREEK WEST .. PHASE 1
NOW THEREFORE, in consideration of the approval of the Final Plat by the City, the
Contractor and Subdivider hereby agree as follows:
As collateral for the Warranty Bond, Contractor shall deposit with the City a Surety Bond, CD
or LC, or other acceptable collateral as determined by the City Council (the "Collateral), in
the amount of $308,443.00. The initial Collateral, shall have an expiration date of at least two
(2) years following recording of the Final Plat, and shall certify the following:
a. That the creditor of the Collateral guarantees funds in the amount of $308,443.
b. That if the Contractor fails to complete any required repairs or replacement of the City
Infrastructure during the Warranty Period, the creditor will pay to the City immediately,
and without further action, such funds as are necessary to fmance the completion of those
repairs up to the limited amount of credit stated in the instrument;
2. Contractor and/or Subdivider agree to provide the City with approved replacement Collateral no
later than sixty (60) days prior to the expiration date of the existing Collateral instrument. Failure
to provide the replacement Collateral is a breach of this Agreement and said breach would be cause
for the City to execute on the Warranty Bond.
3. Prior to the Surety Bond company issuing replacement Collateral to the initial two-year Warranty
Bond, City and Contractor shall confirm in writing that there are no outstanding repairs or
replacement of the City Infrastructure needed.
4. By acknowledgement of the Surety Bond company referenced below, they are aware that a breach of
this Agreement constitutes cause for the City to execute on the Warranty Bond.
IN WITNESS WHEREOF, the Parties have hereunto set their hands and seals the day and year
herein before written.
Contractor: NELCON, INC,
a Montana Corporation
By: 'ae�/
"Mike P. tte, President
(signatures continue on following page]
MEMORANDUM OF UNDERSTANDING
ASPEN CREEK WEST -PHASE 1 2
Subdivider: 520 Three Mile Drive Associates, LLC,
a Delaware limited liability company
By: VPDC 2015, LLC,
a Delaware limited liability company,
its manager
By:
Name: Debra L._Pe"
Its: Vice President
Surety Bond Company Acknowledgement:
Company Name:
By:
Name:
Its:
MAYOR, CITY OF KALISPELL ATTEST:
MAYOR
MEMORANDUM OF UNDFRSTANDING
ASPEN CREEK WEST PHASE 1
CITY CLERK
Subdivider: 520 Three Mile Drive Associates, LLC,
a Delaware limited liability company
By: VPDC 2015, LLC,
a Delaware limited liability company,
its manager
By:
Name:
Its:
Surety Bond Company Acknowledgement:
Company Name: Old ReDUblig Surety om an,
98q�
Na h
Its: Attorney -in -Fact
Co:
MAYOR, CITY OF KALISPELL ATTEST:
ZA F.%VGM.l
CITY CLERK
MEMORANDUM OF UNDERSTANDING
ASPEN CREEK WEST PHASE I
CONTRACTOR ACKNOWLEDGEMENT
STATE OF MONTANA
COUNTY OF
On this day of 2025, before me, a Notary Public for the State of Montana,
personally appeared _ _ known to me to be the
of , whose name is subscribed to the foregoing
instrument and acknowledged to me that he/she executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal this day and year first
above written.
Notary Public for the State of Montana
Printed Name
Residing at
My Commission Expires
SUBDIVIDER ACKNOWLEDGEMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to
which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California §
County of Placer §
On 1 U1 vN 12GZf, before me. ,)—IV 'jogno% Notary Public_ nersonally
appeared Debra L. Perry , who proved to me on tlobasis of satisfactory evidence to be the
person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they
executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument
the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is
true and correct.
WITNES
Signature
Seal
MEMORANDUM OF UNDERSTANDING
ASPEN CREEK WEST PHASE 1 4
J. TRUONG
COMM. � 23889b1
+' M CO rues is • 88951��
SACRA�ilENTO COUNTY
Comm. Up. JAN. 28 2028
CONTRACTOR ACKNOWLEDGEMENT
STATE OF MONTANA
COUNTY OF F)-A -FMCA-b
On this /6 -bL day of T , 2025, before me, a Notary Pub for the State of Montana,
perso ally appeared t ,known to me to be the
of ., whose name is subscribed to the foregoing
instrument and acknowledged to me that he/she executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal this day and year first
a ve written.
otary Public for the r Sta of Montana
Printed Name SHft A u G C
Residing at & k 1 4)
My Commission Expires l 3v :2
SHAUNA UNGER
NOTARY PUBLIC for the
State of Montana
SEAL Residing at Marion. MT
for My Commission Expires
October 30, 2028,
SUBDIVIDER ACKNOWLEDGEMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to
which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California
County of
On
appeared
before me, , Notary Public, personally
who proved to me on the basis of satisfactory evidence to be the
person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they
executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures) on the instr unent
the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is
true and correct.
WITNESS my hand and official seal.
Signature
Signature of Nolary Public Spfel
MEMORANDUM OF UNDERSTANDING
ASPEN CREEK WEST PHASE 1
EXHIBIT A
Legal Description
A TRACT OF LAND BEING A PORTION OF TRACT 2 OF CERTIFICATE OF SURVEY NO. 16428, ON
FILE AND OF RECORD IN FLATHEAD COUNTY, MONTANA, LOCATED IN THE NORTHEAST ONE
QUARTER OF SECTION 11, TOWNSHIP 28 NORTH, RANGE 22 WEST, PRINCIPAL MERIDIAN,
MONTANA, CITY OF KALISPELL, COUNTY OF FLATHEAD, MONTANA; MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF SAID TRACT 2; THENCE NO3°28'39"E, ALONG THE
WEST BOUNDARY LINE OF SAID TRACT 2 AND THE EAST BOUNDARY LINE OF THE PLAT OF
SPRING CREEK ESTATES 1, ON FILE AND OF RECORD IN FLATHEAD COUNTY, MONTANA, 842.63
FEET TO A POINT ON THE SOUTH BOUNDARY LINE OF PARCEL B OF CERTIFICATE OF SURVEY
NO.4218, ON FILE AND OF RECORD IN FLATHEAD COUNTY, MONTANA; THENCE S86°37'02"E,
ALONG SAID SOUTH BOUNDARY LINE, 317.35 FEET TO THE SOUTHEAST CORNER OF SAID
PARCEL B; THENCE NO3°28'47"E, ALONG THE EAST BOUNDARY LINE OF SAID PARCEL B, 120.60
FEET TO THE APPROXIMATE THREAD OF SPRING CREEK; THENCE S41 ° 15'55"E, 182.55 FEET;
THENCE S55008' l7"E, 150.35 FEET; THENCE N68051'37"E, 256.17 FEET TO THE APPROXIMATE
THREAD OF SPRING CREEK AND A POINT ON THE EAST BOUNDARY LINE OF SAID TRACT 2 OF
CERTIFICATE OF SURVEY 16428 AND THE WEST BOUNDARY LINE OF THE PLAT OF ASPEN
CREEK SUBDIVISION PHASE 2, ON FILE AND OF RECORD IN FLATHEAD COUNTY, MONTANA;
THENCE S06010'28"W, ALONG SAID WEST BOUNDARY LINE OF THE PLAT OF ASPEN CREEK
SUBDIVISION PHASE 2,317.10 FEET; THENCE S06°12'35"W, CONTINUING ALONG SAID WEST
BOUNDARY LINE OF THE PLAT OF ASPEN CREEK SUBDIVISION PHASE 2,426.99 FEET TO THE
SOUTHWEST CORNER THEREOF, SAID POINT ALSO BEING THE NORTHWEST CORNER OF THE
PLAT OF TWO MILE TRACTS PHASE 2, ON FILE AND OF RECORD IN FLATHEAD COUNTY,
MONTANA; THENCE S06°07'15"W, ALONG THE WEST BOUNDARY LINE OF SAID PLAT OF TWO
MILE TRACTS PHASE 2,114.95 FEET TO THE SOUTHEAST CORNER OF SAID TRACT 2 OF
CERTIFICATE OF SURVEY 16428, SAID POINT ALSO BEING THE NORTHEAST CORNER OF THE
PLAT OF ASPEN KNOLL SUBDIVISION PHASE 1, ON FILE AND OF RECORD IN FLATHEAD
COUNTY, MONTANA; THENCE N86°51' 11 "W, ALONG THE SOUTH BOUNDARY LINE OF SAID
TRACT 2 AND THE NORTH BOUNDARY LINE OF SAID PLAT OF ASPEN KNOLL SUBDIVISION
PHASE 1, 766.54 FEET TO THE POINT OF BEGINNING.
MEMORANDUM OF UNDERSTANDING
ASPEN CREEK WEST PHASE 1 5
EXHIBIT B
City Infrastructure
MEMORANDUM OF UNDERSTANDING
ASPEN CREEK WEST PHASE l
* OLD REPUBLIC SURETY COMPANY
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS: That OLD REPUBLIC SURETY COMPANY, a Wisconsin stock insurance corporation, does make, constitute and
ap;,joint: Jaclyn Kruse, James E. Majeskey II, Thomas C. Denison, Jennifer Martinez Ibarra,
James Clegg, Dylan Arre, Casey L. Lund, Victoria Crist, Liliana Castrejon Perez, Taj Hoard -Sire of Spokane, WA
its true and lawful Attorneys}in-Fact, with full power and authority for and on behalf of the company as surety, to execute and
deliver and affix the seal of the company thereto (if a seal is required), bonds, undertakings, recognizances or other written obligations in the nature thereof,
(other than ball bonds, bank depository bonds, mortgage deficiency bonds, mortgage guaranty bonds, guarantees of installment paper and note
guaranty bonds, self-insurance workers compensation bonds guaranteeing payment of benefits, or black lung bonds), as follows:
ALL WRITTEN INSTRUMENTS
and to bind OLD REPUBLIC SURETY COMPANY thereby, and all of the acts of said Attorneys -in -Fact, pursuant to these presents, are ratified and confirmed.
This appointment is made under and by authority of the board of directors at a special meeting held on February 18, 1982.
This Power of Attorney is signed and sealed by facsimile under and by the authority of the following resolutions adopted by the board of directors of the OLD
REPUBLIC SURETY COMPANY on February 18,1982.
RESOLVED that, the president, any vice-pres dent or assistant vice president, in conjunction with the secretary or any assistant secretary, may appoint
attorneys -in -fact or agents with authority as defined or limited in the instrument evidencing the appointment in each case, for and on behalf of the company to
execute and deliver and affix the seal of the company to bonds, undertakings, recognizances, and suretyship obligations of all kinds: and said officers may
remove any such attorney -in -fact or agent and revoke any Power of Attorney previously granted to such person.
RESOLVED FURTHER, that any bond, undertaking, recognizance, or suretyship obligation shall be valid and binding upon the Company
(i) when signed by the president, any vice president or assistant vice president, and attested and sealed (if a seal be required) by any secretary or assistant
secretary; or
(ii) when signed by the president, any vice president or assistant vice president, secretary or assistant secretary, and countersigned and sealed (if a seal be
required) by a duly authorized attorney -in -fact or agent, or
(iii) when duly executed and sealed (if a seal be required) by one or more attorneys -in -fact or agents pursuant to and within the limits of the authority
evidenced by the Power of Attorney issued by the company to such person or persons.
RESOLVED FURTHER that the signature of any authorized officer and the seal of the company may be affixed by facsimile to any Power of Attorney or
certification thereof authorizing the execut on and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the company, and such
signature and seal when so used shall have the same force and effect as though manually affixed.
IN WITNESS WHEREOF, OLD REPUBLIC SURETY COMPANY has caused these presents to be signed by its proper officer, and its corporate seal to be
�#RA ,i,i. 17th day of October 2024
)l nl 5 serr a a, 9t
STATE OF WISCONSIN, COUNTY OF WAUKESHA - SS
sunarr
a.
W �co. rt C.
SEAL.
o ,u,
OLD REPUBLIC SURETY COMPANY
LX4
President
On this 17th day of October 2024 , personally came before me, Alan PaVllc
and Karen J Haffner to me known to be the individuals and officers of the OLD REPUBLIC SURETY COMPANY
who executed the above instrument, and they each acknow�edged the execution of the same, and being by me duly sworn did severally depose and say that
they are the said officers of the corporation aforesaid, and that the seal affixed to the above instrument is the seal of the corporation, and that said corporate seal
and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority of the board of directors of said corporation.
VatsV Nuta-r Fula w
My Commission Expires: September 28 2026
CERTIFICATE (Expiration of notary's commission does not Invalidate this instrument)
I, the undersigned. ass;4st0t secretary of the OLD REPUBLIC SURETY COMPANY, a Wisconsin corporation, CERTIFY that the foregoing and attached
Power of Attorney remains in full force and has not been revoked; and furthermore, that the Resolutions of the board of directors set forth in the Power of
Attorney. are now in force:. ` ,
suor
9th October 2025
789450 g i SEAL . = Signed and sealed at the City of Brookfield, WI this day of _
ORSC 22262 (3-OB)
Marsh & McLennan Agency LLC
CITY OF
KALISPELL
October 13, 2025
Jarod Nygren, Interim City Manager
City of Kalispell
201 1st Ave E
Kalispell, MT 59901
Re: Final Plat request for Aspen Creek West Phase 1
Dear Jarod:
Planning Department
201 P" Avenue East
Kalispell, MT 59901
Phone: (406) 758-7940
Fax: (406) 758-7739
www.kalisnell.com/plannin,a
520 Three Mile Drive Associates, LLC, has submitted a request for final plat approval of Aspen Creek
West Phase 1. This phase contains approximately 15.02 acres, including 52 single-family and townhouse
residential lots, common area, and streets. The property can be described as shown on the attached Exhibit
A.
The City Council approved the preliminary plat with 37 conditions on July 5, 2022 (Resolution 6081). All
of the conditions have been met or adequately addressed. The following report summarizes the
applicant's compliance with the conditions of approval. All infrastructure has been installed and
accepted or bonded for. A subdivision improvement agreement in the amount of $835,195.56 secured
by two letters of credit (one for $360,160.00 and one for $475,035.56) is included for the Council's
consideration.
In addition, a Memorandum of Understanding ("MOU") was prepared for the Council's consideration.
The MOU is the result of a five-year warranty period for infrastructure rather than the typical two-year
period. The longer warranty period resulted from inconsistencies in the frequency of compaction testing
which potentially could impact the infrastructure within the subdivision. Since the typical warranty
bonding is for a two-year period, the MOU provides for renewing the bond after the initial two-year
period.
COMPLIANCE WITH CONDITIONS OF APPROVAL
1. The Planned Unit Development for Aspen Creek West allows the following deviations from the
Zoning Regulations:
(1) Lot Area: Sec 27.06.040(1) — Minimum lot size in the R-3 zone is 6000 square feet. The
deviation reduces minimum lot area to 3791 square feet for the attached townhome lots.
(2) Lot Width: Sec 27.06.040(2) — The minimum lot width in the R-3 zone is 50 feet. The
deviation reduces the lot width requirement for the sublots for the townhome units to 40 feet.
Staff Response: This condition has been met. The lots were designed to those minimums.
2. The Planned Unit Development for Spring Creek Park allows the following deviations from the
Kalispell Subdivision Regulations:
(1) Road Sections: Section 28.3.14 — The subdivision regulations and the Standards for
Design and Construction contain design criteria for roads. This deviation would allow an
alternative design for a private street in the northern area of the development and deviations of
the centerline radii on two curves on Triple Creek, as detailed within the staff report.
Staff Response: This condition has been adequately addressed. The private street in the northern
area is in a later phase and the Triple Creek improvements were reviewed in conjunction with
the Phase 1 design.
3. The preliminary plat approval for the subdivision is not effective until the ordinance approving
the PUD/zone change becomes effective.
Staff Response: This condition has been met. The PUD became effective shortly after the
resolution approving the preliminary plat.
4. The development of the site shall be in substantial compliance with the application submitted,
the site plan, materials and other specifications as well as any additional conditions associated
with the preliminary plat as approved by the city council.
Staff Response: This condition has been met. The site is in substantial compliance.
5. A development agreement shall be drafted by the Kalispell City Attorney between the City of
Kalispell and the developer outlining and formalizing the terms, conditions and provisions of
approval. The final plan as approved, together with the conditions and restrictions imposed, shall
constitute the Planned Unit Development (PUD) zoning for the site that shall be completed and
signed by the city and owner prior to the issuance of a building permit.
Staff Response: This condition has been adequately addressed. A development agreement was
not required in this situation.
6. Upon approval of the preliminary PUD by the City Council, the property owner shall proceed
with the preparation of the final PUD plan as provided in Section 27.19.020(7) of the Kalispell
Zoning Ordinance.
Staff Response: This condition has been adequately addressed. Sufficient plans were in place
as part of the PUD approval.
7. As a PUD with an associated preliminary plat application, the abandonment or expiration of the
PUD is governed by Section 27.19.020(10) of the Kalispell Zoning Ordinance.
Staff Response: This condition has been met. Since the preliminary plat remains valid, the PUD
remains valid as well.
8. The preliminary plat approval shall be valid for a period of three years from the date of approval.
Staff Response: This condition has been met. The original approval of the plat was July 5, 2022,
and a two year extension was granted on May 5, 2025. The plat therefore remains valid.
9. The storm water ponds shall be designed in a way that they become a visual interest to the
development. Chain link fencing surrounding the retention pond as the dominant feature shall
not be allowed without mitigation. The developer shall work closely with the Parks Department
and Public Works to develop a design that is both visually appealing and meets the required
safety guidelines. It is intended that when the project is developed the ponds will act as features,
particularly along the roadways, rather than a private maintenance utility facility.
Staff Response: This condition has been met. Public Works submitted a letter dated October
13, 2025, which stated that the pond was appropriately constructed.
10. The storm water ponds will be required to be on utility lots, and access for maintenance of the
ponds shall be provided in accordance with city standards.
Staff Response: This condition has been met. Public Works submitted a letter dated October
13, 2025, which stated that the pond was located on a utility lot with appropriate access.
11. The developer shall submit to the Kalispell Public Works Department for review and approval a
storm water report and an engineered drainage plan that meets the requirements of the current
city standards for design and construction. Prior to final plat, a certification shall be submitted
to the Public Works Department stating that the drainage plan for the subdivision has been
installed as designed and approved.
Staff Response: This condition has been adequately addressed. Per a letter submitted by Public
Works dated October 13, 2025, the stormwater report and engineered drainage plan for this
project was approved on August 1, 2024. Ben Rankin (engineer of record) certified the
completion or appropriate bonding for the approved stormwater infrastructure on July 30, 2025.
A 5-year warranty has been provided due to the City's backfill standards not being met.
12. The developer shall submit to the Kalispell Public Works Department prior to construction an
erosion/sediment control plan for review and approval and a copy of all documents submitted to
Montana Department of Environmental Quality for the General Permit for Storm Water
Discharge Associated with Construction Activities.
Staff Response: This condition has been met. City of Kalispell Construction Stormwater Permit
SW24-0079 and MDEQ SWPPP Permit MTR110809 were approved and issued for construction
activities.
13. The developer shall submit water and sanitary sewer plans, applicable specifications, and design
reports to the Kalispell Public Works Department and the Montana Department of Environmental
Quality for concurrent review, with approval of both required prior to construction.
Staff Response: This condition has been met. Per the letter from Public Works dated October
13, 2025, plans and specifications were concurrently submitted to the Kalispell Department of
Public Works and the Montana Department of Environmental Quality in accordance with the
Standards for Design and Construction. City approval was obtained on August 1, 2024. MDEQ
approval was obtained on August 7, 2024. Both approvals were received prior to commencement
of construction.
14. New infrastructure required to serve the subdivision shall be designed and constructed in
accordance with the City of Kalispell's Standards for Design and Construction. All design work
shall be reviewed and approved in writing by the Kalispell Public Works Department prior to
construction. This infrastructure shall include but not be limited to streets, street lighting, street
signage, curb, gutter, boulevard and sidewalks.
Staff Response: This condition has been met. Per a letter from Public Works dated October 13,
2025, plans and specifications for new infrastructure within the Aspen Creek West Phase 1
Subdivision were submitted to the Kalispell Department of Public Works in accordance with the
Standards for Design and Construction. City approval was obtained on August 1, 2024. The
minimum construction standards were not met for backfill of utility trench and installation of the
road base and subbase. The required warranty has been extended from 2 years to five years to
satisfy this requirement.
15. Water and sewer main extensions shall be designed and constructed in accordance with the City
of Kalispell's Standards for Design and Construction and in compliance with the city's facilities
update and extensions of services plans. The water and sewer main extension plans shall be
reviewed and approved by the Kalispell Public Works Department. Prior to final plat, a
certification shall be submitted to the Public Works Department stating that the water and sewer
mains have been built and tested as designed and approved.
Staff Response: This condition has been met. Per a letter from Public Works dated October 13,
2025, the water and sewer mains were designed in accordance with the City of Kalispell's
standards as noted in the August 1, 2024, approval letter. A certification letter for the water main
was provided on July 2, 2025. A certification letter for the sewer infrastructure was provided on
October 7, 2024, by Ben Rankin (engineer of record). After the certification was received, the
City became aware that the minimum utility trench backfill requirements were not met. A 5-year
warranty has been provided, rather than the standard 2-year warranty, to compensate for not
meeting the city's standards.
16. The water main extension shall continue in Three Mile Drive to the west extent of the property
instead of entering the private road. The water main extension along Three Mile Drive shall
comply with the Water Facility Plan.
Staff Response: This condition is not applicable. It is related to Phase 2 improvements.
17. Any water rights associated with the property shall be transferred to the City of Kalispell. The
water rights shall be allocated proportionally for each phase of the development prior to final
plat.
Staff Response: This condition has been met. Per a letter from Public Works dated October 13,
2025, the water rights have been transferred to the City.
18. The sewer main extension shall continue in Three Mile Drive instead of entering the private road.
Staff Response: This condition is not applicable. It is related to Phase 2 improvements.
19. The developer shall submit the street designs to the Kalispell Public Works Department for
review and approval prior to construction. Street designs shall meet the city standards for design
and construction, except as otherwise provided for herein, including, but not limited to,
sidewalks, landscape boulevard, streetlights, and curb/gutter. A note shall be placed on the final
plat designating the northern road as private.
Staff Response: This condition has been met. A letter from Public Works dated August 1, 2024,
was submitted approving the plans. The northern road is not part of this phase and that portion
of the condition is not applicable.
20. Pursuant to Sec 28.3.25 of the subdivision regulations, the final plat shall include a note stating
that "The owners hereby waive the right to protest the creation of an SID for the purpose of
financing improvements to area roads which specifically benefit this subdivision."
Staff Response: This condition has been met. The note appears on the final plat.
21. The Traffic Impact Study ("TIS") shall be updated to address a drop in the level of service, with
the updated TIS to be reviewed and approved by the Public Works Department. Prior to final
plat, all mitigation recommended as part of the approved updated traffic impact study relative to
the given phase shall be completed. All improvements shall be reviewed and approved by the
Public Works Department. Per the city Standards for Design and Construction, the development
shall maintain or improve the existing level of service for the affected roadways rather than
simply maintaining an acceptable level of service.
Staff Response: This condition has been met. Per the October 13, 2025, letter from Public
Works, an updated TIS was provided to the City of Kalispell on September 3, 2025, which did
not identify any negative impacts being caused by Phase 1.
22. The Geotech report and a grading plan shall be submitted for review and approval by the City of
Kalispell prior to submittal of any engineering or building plans related to the property, and the
proposed layout may be altered based on that review, including the possibility of a reduction in
the number of lots.
Staff Response: This condition has been met. Per the letter from Public Works dated October
13, 2025, the approved plans followed the City of Kalispell's requirements or the
recommendations of the Geotech report, whichever was stricter.
23. Prior to any work in the floodplain, a floodplain development permit and any related permits
from the Corps of Engineers, the Conservation District, and/or other agencies shall be obtained,
if necessary, by the developer.
Staff Response: This condition has been met. Per the letter from the applicant dated September
3, 2025, and supporting exhibits, no work was performed in the floodplain in conjunction with
this phase.
24. Under Section 28.3.06 of the subdivision regulations, the development shall maintain a minimum
100-foot setback from wetlands to any proposed lot boundaries. Under Section 28.3.07, the
development shall limit uses within the 100-foot setback from the stream.
Staff Response: This condition has been met. Per the letter from the applicant dated September
3, 2025, and supporting exhibits, the 100-foot setback to lot boundaries from the wetlands and
limited uses in the 100-foot setback from the stream have been followed.
25. Prior to final plat, a letter from the Kalispell Public Works Department shall be submitted stating
that all new infrastructure has been accepted by the City of Kalispell, any private infrastructure
has been constructed per city standards, and a proper bond has been accepted for unfinished work.
Staff Response: This condition has been met. Per the letter from Public Works dated October
13, 2025, a letter accepting the infrastructure was issued. Additionally, as part of the subdivision
improvement agreement, letters of credit were submitted for unfinished work.
26. All existing and proposed easements shall be indicated on the face of the final plat. Utility easements
for city water and sewer shall be provided to allow for the logical extension of utilities from this
subdivision to adjoining properties. A letter from the Kalispell Public Works Department shall be
obtained stating that the required easements are being shown on the final plat.
Staff Response: This condition has been met. Public Works submitted a letter dated October 13,
2025, which stated that the required easements are shown on the final plat.
27. The following statement shall appear on the final plat: "The undersigned hereby grants unto each
and every person, firm or corporation, whether public or private, providing or offering to provide
telephone, telegraph, electric power, gas, cable television, water or sewer service to the public, the
right to the joint use of an easement for the construction, maintenance, repair, and removal of their
lines and other facilities, in, over, under, and across each area designated on this plat as "Utility
Easement" to have and to hold forever."
Developer's Signature
Staff Response: This condition has been met. The note appears on the final plat.
28. Prior to filing the final plat, a letter from the US Postal Service shall be included stating the
Service has reviewed and approved of the design and location of the mail delivery site. The mail
delivery site shall be installed or bonded for prior to final plat. In addition, the mail delivery site
and improvements shall also be included in the preliminary and final engineering plans to be
reviewed by the Public Works Department. The mail delivery site shall not impact a sidewalk or
proposed boulevard area.
Staff Response: This condition has been met. A letter from the USPS dated June 26, 2023, was
submitted approving the mail delivery site.
29. A homeowner's association (HOA) shall be formed and established to provide for the
maintenance of the common areas, including, but not necessarily limited to, roads, parks and
open space. Maintenance of any private roads and alleys shall include both short term and long-
term maintenance including, but not necessarily limited to, snow plowing, landscaping,
sidewalks, street repairs, overlays, and rebuilds of the street.
Staff Response: This condition has been met. Proposed covenants for the HOA were submitted
providing for maintenance of common elements.
30. A letter from the Kalispell Fire Department approving the access, placement of the fire hydrants
and fire flows within the subdivision shall be submitted prior to final plat.
Staff Response: This condition has been met. A letter from Kalispell Fire Prevention dated
August 27, 2025, was submitted approving the plan.
31. A letter shall be obtained from the Parks and Recreation Director approving a landscape plan for
the placement of trees and landscaping materials within the landscape boulevards of the streets
serving the subdivision, common area, and adjoining rights -of -way. The approved landscape
plan shall be implemented or a cash -in -lieu payment for installation of the street trees and
groundcover be provided to the Kalispell Parks and Recreation Department.
Staff Response: This condition has been met. A letter from the Parks Department dated August
12, 2024, was submitted approving the boulevards, park, and common area.
32. A park plan shall be created and approved by the Parks and Recreation Director prior to final plat
of Phase 1, and the plan shall show that the parkland dedication requirement is met for each
phase.
Staff Response: This condition has been met. A letter from the Parks Department dated August
12, 2024, was submitted approving the boulevards, park, and common area.
33. A note shall be placed on the final plat indicating a waiver of the right to protest creation of a
park maintenance district. This district shall only be activated in the event that the property
owners' association defaults on their park and open space amenity conditions. The assessments
levied within the maintenance district shall be determined by the Parks and Recreation
Department with approvals by the Kalispell City Council.
Staff Response: This condition has been met. The note appears on the final plat.
34. A note shall be placed on the final plat indicating a waiver of the right to protest creation of a
stormwater maintenance district. This district shall only be activated in the event that the property
owner(s) default on the maintenance of the approved stormwater facilities. The assessments
levied within the maintenance district shall be determined by the Public Works Department with
approvals by the Kalispell City Council.
Staff Response: This condition has been met. The note appears on the final plat.
35. A minimum of two-thirds of the necessary infrastructure for the subdivision shall be completed
prior to final plat submittal.
Staff Response: This condition has been met. Public Works submitted a letter dated October
13, 2025, which stated that over two-thirds of the infrastructure has been completed and a bond
was provided for the remaining work.
36. All utilities shall be installed underground and in locations that are approved by the Kalispell
Public Works Department in accordance with the Kalispell Standards for Design and
Construction.
Staff Response: This condition has been met. Public Works submitted a letter dated October
13, 2025, which confirmed that utilities were placed underground.
37. All areas disturbed during development shall be re -vegetated with a weed -free mix immediately
after development.
Staff Response: This condition has been met. Per the applicant's letter dated September 3, 2025,
the disturbed areas were revegetated with a weed -free mix.
COMPLIANCE WITH THE SUBDIVISION REGULATIONS
This subdivision plat has been found to be in compliance with the State and City subdivision regulations.
COMPLIANCE WITH THE ZONING REGULATIONS
This subdivision complies with the Kalispell Zoning Ordinance and the R-3 zoning with a Planned Unit
Development overlay for the property.
RECOMMENDATION:
It can be found that the conditions of preliminary plat approval have been met or are otherwise adequately
addressed. It is recommended that the Kalispell City Council approve the final plat, subdivision
improvement agreement, and memorandum of understanding for Aspen Creek West Phase 1.
Attachments: - Mylars
- Copy of final plat
- Subdivision Improvement Agreement and Engineers Estimate
- Memorandum of Understanding
- Applicant responses and final plat application
- Engineers Certifications
- Letters from Public Works dated 8/l/24; 10/13/25; and 10/13/25
- DEQ letters and permits dated 5/30/24; 7/25/24; and 8/7/24
- CCRs
- USPS letter dated 6/26/23
- Fire Dept letter dated 8/27/25
- Parks letter dated 8/12/24
- First American Title Guarantee No. 5010500-1193887-FT dated 6/18/25
- Flathead County tax certification dated 8/24/25
- Floodplain exhibits
- Water Rights Deed and Receipt
c w/ Att: Aimee Brunckhorst, Kalispell City Clerk
c w/o Att: WGM
431 1st Ave W
Kalispell, MT 59901
F U RiT A
LEGAL DESCRIPTION PERIMETER
A TRACT OF LAND BEING A PORTION OF TRACT 2 OF CERTIFICATE OF SURVEY NO. 15426, ON FILE AND OF RECORD IN FLATHEAD COUNTY, MONTANA, LOCATED IN THE NORTHEAST ONE QUARTER OF
SECTION 11. TOWNSHIP 2B NORTH. RANGE 22 WEST, PRINCIPAL MERIDIAN. MONTANA, CITY OF KALISPELL. COUNTY OF FLATHEAD. MONTANA:, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF SAID TRACT 2:, THENCE NO3°28'39"E, ALONG THE WEST BOUNDARY LINE OF SAID TRACT 2 AND THE EAST BOUNDARY LINE OF THE PLAT OF SPRING
CREEK ESTATES 1, ON FILE AND OF RECORD IN FLATHEAD COUNTY. MONTANA. 842.53 FEET TO A POINT ON THE SOUTH BOUNDARY LINE OF PARCEL B OF CERTIFICATE OF SURVEY NO. 4218. ON FILE
AND OF RECORD IN FLATHEAD COUNTY, MONTANk THENCE S85"37'02"E, ALONG SAID SOUTH BOUNDARY LINE, 317.35 FEET TO THE SOUTHEAST CORNER OF SAID PARCEL B:. THENCE NO3"28'47"E,
ALONG THE EAST BOUNDARY LINE OF SAID PARCEL 8,120.60 FEET TO THE APPROXIMATE THREAD OF SPRING CREEK: THENCE S41' 15'55E. 182.55 FEET: THENCE 555`08'17"E, 15D.35 FEET: THENCE
N58`5117"E, 256.17 FEET TO THE APPROXIMATE THREAD OF SPRING CREEK AND A POINT ON THE EAST BOUNDARY LINE OF SAID TRACT 2 OF CERTIFICATE OF SURVEY 16428 AND THE WEST
BOUNDARY LINE OF THE PLAT OF ASPEN CREEK SUBDIVISION PHASE 2, ON FILE AND OP RECORD IN FLATHEAD COUNTY.. MONTANA; THENCE S05"10'26"W, ALONG. SAID WEST BOUNDARY LINE OF THE
PLAT OF ASPEN CREEK SUBDIVISION PHASE 2..317.10 FEET; THENCE SO5"12735N1, CONTINUING ALONG SAID WEST BOUNDARY LINE OF THE PLAT OF ASPEN CREEK SUBDIVISION PHASE 2, 426.99 FEET
TO THE SOUTHWEST CORNER THEREOF, SAID POINT ALSO BEING THE NORTHWEST CORNER OF THE PLAT OF TWO MILE TRACTS PHASE 2.. ON FILE AND OF RECORD IN FLATHEAD COUNTY, MONTANA;.
THENCE S06"07'15"W, ALONG THE WEST BOUNDARY LINE OF SAID PLAT OF TWO MILE TRACTS PHASE 2.114H FEET TO THE SOUTHEAST CORNER OF SAID TRACT 2 OF CERTIFICATE OF SURVEY 16428..
SAID POINT ALSO BEING THE NORTHEAST CORNER OF THE PLAT OF ASPEN KNOLL SUBDIVISION PHASE 1. ON FILE AND OF RECORD IN FLATHEAD COUNTY, MONTANA: THENCE 496"51'11"W, ALONG.
THE SOUTH BOUNDARY LINE OF SAID TRACT 2 AND THE NORTH BOUNDARY LINE OF SAID PLAT OF ASPEN KNOLL SUBDIVISION PHASE 1.. 756.54 FEET TO THE POINT OF BEGINNING:. CONTAINS 15.02
ACRES,. MORE OR LESS, BEING SURVEYED AND MON UMENTED ACCORDING. TO TH IS PLAT.
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RESOLUTION NO.6081
A RESOLUTION CONDITIONALLY APPROVING THE PRELIMINARY PLAT OF
ASPEN CREEK WEST, DESCRIBED AS TRACT 2 OF CERTIFICATE OF SURVEY
NUMBER 16428, LOCATED IN THE NORTH HALF OF SECTION 11, TOWNSHIP 28
NORTH, RANGE 22 WEST, P.M.M., FLATHEAD COUNTY, MONTANA.
WHEREAS, 520 Three Mile Drive Associates, LLC, the owner of the certain real property
described above, has petitioned for approval of the Subdivision Plat of said property;
and
WHEREAS, the Kalispell City Planning Board and Zoning Commission held a public hearing on
June 14, 2022 on the proposal and reviewed Subdivision Report #KPP-22-05 issued
by the Kalispell Planning Department; and
WHEREAS, the Kalispell City Planning Board and Zoning Commission has recommended
approval of the Preliminary Plat of Aspen Creek West subject to certain conditions
and recommendations; and
WHEREAS, the city council of the City of Kalispell at its regular council meeting of July 5, 2022,
reviewed the Kalispell Planning Department Report #KPP-22-05, reviewed the
recommendations of the Kalispell City Planning Board and Zoning Commission, and
found from the Preliminary Plat, and evidence, that the subdivision is in the public
interest.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
KALISPELL, MONTANA AS FOLLOWS:
SECTION 1. That the Findings of Fact contained in Kalispell Planning Department Report
#KPP-22-05 are hereby adopted as the Findings of Fact of the city council.
SECTION 2. That the application of 520 Three Mile Drive Associates, LLC for approval
of the Preliminary Plat of Aspen Creek West, Kalispell, Flathead County,
Montana is hereby approved subject to the following conditions:
1. The Planned Unit Development for Aspen Creek West allows the following deviations from
the Zoning Regulations:
(1) Lot Area: Sec 27.06.040(1) — Minimum lot size in the R-3 zone is 6000 square feet. The
deviation reduces minimum lot area to 3791 square feet for the attached townhome lots.
(2) Lot Width: Sec 27.06.040(2) — The minimum lot width in the R-3 zone is 50 feet. The
deviation reduces the lot width requirement for the sublots for the townhome units to 40 feet.
2. The Planned Unit Development for Spring Creek Park allows the following deviations from
the Kalispell Subdivision Regulations:
(1) Road Sections: Section 28.3.14 The subdivision regulations and the Standards for
Design and Construction contain design criteria for roads. This deviation would allow an
alternative design for a private street in the northern area of the development and deviations
of the centerline radii on two curves on Triple Creek, as detailed within the staff report.
3. The preliminary plat approval for the subdivision is not effective until the ordinance
approving the PUD/zone change becomes effective.
4. The development of the site shall be in substantial compliance with the application
submitted, the site plan, materials and other specifications as well as any additional
conditions associated with the preliminary plat as approved by the city council.
5. A development agreement shall be drafted by the Kalispell City Attorney between the City
of Kalispell and the developer outlining and formalizing the terms, conditions and provisions
of approval. The final plan as approved, together with the conditions and restrictions
imposed, shall constitute the Planned Unit Development (PUD) zoning for the site that shall
be completed and signed by the city and owner prior to the issuance of a building permit.
6. Upon approval of the preliminary PUD by the City Council, the property owner shall
proceed with the preparation of the final PUD plan as provided in Section 27.19.020(7) of
the Kalispell Zoning Ordinance.
As a PUD with an associated preliminary plat application, the abandonment or expiration of
the PUD is governed by Section 27.19.020(10) of the Kalispell Zoning Ordinance.
8. The preliminary plat approval shall be valid for a period of three years from the date of
approval.
9. The storm water ponds shall be designed in a way that they become a visual interest to the
development. Chain link fencing surrounding the retention pond as the dominant feature
shall not be allowed without mitigation. The developer shall work closely with the Parks
Department and Public Works to develop a design that is both visually appealing and meets
the required safety guidelines. It is intended that when the project is developed the ponds will
act as features, particularly along the roadways, rather than a private maintenance utility
facility.
10. The storm water ponds will be required to be on utility lots, and access for maintenance of
the ponds shall be provided in accordance with city standards.
11. The developer shall submit to the Kalispell Public Works Department for review and
approval a storm water report and an engineered drainage plan that meets the requirements of
the current city standards for design and construction. Prior to final plat, a certification shall
be submitted to the Public Works Department stating that the drainage plan for the
subdivision has been installed as designed and approved.
12. The developer shall submit to the Kalispell Public Works Department prior to construction
an erosion/sediment control plan for review and approval and a copy of all documents
submitted to Montana Department of Environmental Quality for the General Permit for
Storm Water Discharge Associated with Construction Activities.
13. The developer shall submit water and sanitary sewer plans, applicable specifications, and
design reports to the Kalispell Public Works Department and the Montana Department of
Environmental Quality for concurrent review, with approval of both required prior to
construction.
14. New infrastructure required to serve the subdivision shall be designed and constructed in
accordance with the City of KalispeIl's Standards for Design and Construction. All design
work shall be reviewed and approved in writing by the Kalispell Public Works Department
prior to construction. This infiastructure shall include but not be limited to streets, street
lighting, street signage, curb, gutter, boulevard and sidewalks.
15. Water and sewer main extensions shall be designed and constructed in accordance with the
City of Kalispell's Standards for Design and Construction and in compliance with the city's
facilities update and extensions of services plans. The water and sewer main extension plans
shall be reviewed and approved by the Kalispell Public Works Department. Prior to final
plat, a certification shall be submitted to the Public Works Department stating that the water
and sewer mains have been built and tested as designed and approved.
16. The water main extension shall continue in Three Mile Drive to the west extent of the
property instead of entering the private road. The water main extension along Three Mile
Drive shall comply with the Water Facility Plan.
17. Any water rights associated with the property shall be transferred to the City of Kalispell.
The water rights shall be allocated proportionally for each phase of the development prior to
final plat.
18. The sewer main extension shall continue in Three Mile Drive instead of entering the private
road.
19. The developer shall submit the street designs to the Kalispell Public Works Department for
review and approval prior to construction. Street designs shall meet the city standards for
design and construction, except as otherwise provided for herein, including, but not limited
to, sidewalks, landscape boulevard, streetlights, and curb/gutter. A note shall be placed on
the final plat designating the northern road as private.
20. Pursuant to Sec 28.3.25 of the subdivision regulations, the final plat shall include a note
stating that "The owners hereby waive the right to protest the creation of an SID for the
purpose of financing improvements to area roads which specifically benefit this
subdivision."
21. The Traffic Impact Study ("TIS") shall be updated to address a drop in the level of service,
with the updated TIS to be reviewed and approved by the Public Works Department. Prior
to final plat, all mitigation recommended as part of the approved updated traffic impact study
relative to the given phase shall be completed. All improvements shall be reviewed and
approved by the Public Works Department. Per the city Standards for Design and
Construction, the development shall maintain or improve the existing level of service for the
affected roadways rather than simply maintaining an acceptable level of service.
22. The Geotech report and a grading plan shall be submitted for review and approval by the
City of Kalispell prior to submittal of any engineering or building plans related to the
property, and the proposed layout may be altered based on that review, including the
possibility of a reduction in the number of lots.
23. Prior to any work in the floodpWn, a floodplain development permit and any related permits
from the Corps of Engineers, the Conservation District, and/or other agencies shall be
obtained, if necessary, by the developer.
24. Under Section 28.3.06 of the subdivision regulations, the development shall maintain a
minimum I00-foot setback from wetlands to any proposed lot boundaries. Under Section
28.3.07, the development shall limit uses within the 100-foot setback from the stream.
25. Prior to final plat, a letter from the Kalispell Public Works Department shall be submitted
stating that all new infrastructure has been accepted by the City of Kalispell, any private
infrastructure has been constructed per city standards, and a proper bond has been accepted
for unfinished work.
26. All existing and proposed easements shall be indicated on the face of the final plat. Utility
easements for city water and sewer shall be provided to allow for the logical extension of
utilities from this subdivision to adjoining properties. A letter from the Kalispell Public Works
Department shall be obtained stating that the required easements are being shown on the final
plat.
27. The following statement shall appear on the final plat: "The undersigned hereby grants unto
each and every person, firm or corporation, whether public or private, providing or offering to
provide telephone, telegraph, electric power, gas, cable television, water or sewer service to the
public, the right to the joint use of an easement for the construction, maintenance, repair, and
removal of their lines and other facilities, in, over, under, and across each area designated on
this plat as "Utility Easement" to have and to hold forever."
Developer's Signature
28. Prior to filing the final plat, a letter from the US Postal Service shall be included stating the
Service has reviewed and approved of the design and location of the mail delivery site. The
mail delivery site shall be installed or bonded for prior to final plat. In addition, the mail
delivery site and improvements shall also be included in the preliminary and final
engineering plans to be reviewed by the Public Works Department. The mail delivery site
shall not impact a sidewalk or proposed boulevard area.
29. A homeowner's association (HOA) shall be formed and established to provide for the
maintenance of the common areas, including, but not necessarily limited to, roads, parks and
open space. Maintenance of any private roads and alleys shall include both short term and
long-term maintenance including, but not necessarily limited to, snow plowing, landscaping,
sidewalks, street repairs, overlays, and rebuilds of the street.
30. A letter from the Kalispell Fire Department approving the access, placement of the fire
hydrants and fire flows within the subdivision shall be submitted prior to final plat.
31, A letter shall be obtained from the Parks and Recreation Director approving a landscape plan
for the placement of trees and landscaping materials within the landscape boulevards of the
streets serving the subdivision, common area, and adjoining rights -of -way. The approved
landscape plan shall be implemented or a cash -in -lieu payment for installation of the street
trees and groundcover be provided to the Kalispell Parks and Recreation Department.
32. A park plan shall be created and approved by the Parks and Recreation Director prior to final
plat of Phase 1, and the plan shall show that the parkland dedication requirement is met for
each phase.
33. A note shall be placed on the final plat indicating a waiver of the right to protest creation of a
park maintenance district. This district shall only be activated in the event that the property
owners' association defaults on their park and open space amenity conditions. The
assessments levied within the maintenance district shall be determined by the Parks and
Recreation Department with approvals by the Kalispell City Council.
34. A note shall be placed on the final plat indicating a waiver of the right to protest creation of a
stormwater maintenance district. This district shall only be activated in the event that the
property owner(s) default on the maintenance of the approved stormwater facilities. The
assessments levied within the maintenance district shall be determined by the Public Works
Department with approvals by the Kalispell City Council.
35. A minimum of two-thirds of the necessary infrastructure for the subdivision shall be
completed prior to final plat submittal.
36. All utilities shall be installed underground and in locations that are approved by the Kalispell
Public Works Department in accordance with the Kalispell Standards for Design and
Construction.
37. All areas disturbed during development shall be re -vegetated with a weed -free mix
immediately after development.
SECTION 3. Upon proper review and filing of the Final Plat of said subdivision in the
office of the Flathead County Clerk and Recorder, said premises shall be a
subdivision of the City of Kalispell.
PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF
THE CITY OF KALISPELL THIS 5TH DAY OF JULY, 2022.
Judi Funk
Deputy City Clerk
Mark Johns
`,,%%I �rlIJll� ayor
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RESOLUTION NO. 6252
A RESOLUTION APPROVING A TWO-YEAR EXTENSION TO THE PRELIMINARY
PLAT OF ASPEN CREEK WEST SUBDIVISION, LOCATED AT 520 THREE MILE
DRIVE IN SECTION 11, TOWNSHIP 28 NORTH, RANGE 22 WEST, P.M.M., FLATHEAD
COUNTY, MONTANA.
WHEREAS, the City Council of the City of Kalispell granted preliminary plat approval for Aspen
Creek West on July 5, 2022, and
WHEREAS, 520 Three Mile Drive Associates requested a two-year extension to the preliminary
plat of Aspen Creek West due to a delayed start in the availability of the contractor
and construction materials; and
WHEREAS, 520 Three Mile Drive Associates has met the certain conditions and it is in the best
interests of the city that the two-year extension be given.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
KALISPELL, MONTANA AS FOLLOWS:
SECTION 1. That the application of 520 Three Mile Drive Associates for a two-year
extension of the preliminary plat of Aspen Creek West Subdivision.
Kalispell. Flathead County. Montana is hereby approved.
PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY 'I"HE MAYOR 01'
TI IE CITY OF KALISPELL, -PHIS 5`I-H DAY OF MAY, 2025.
Mark Johnson
May or
ATTEST:
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Aimee Brunckhorst, CMC
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City Clerk
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Project Name: ASPEN CREEK WEST PHASE 1
WGM Project Number* 171034
Diviner: 520 THREE MILE DRIVE ASSOCIATES
Bonding Date: October 6, 2025
EXHIBIT "B"
CERTIFICATION OF WORK TO BE � W G M IG R O U P
COMPLETED
Completed as of Bonding Date Total
Final Construction
Constru tlon Quantity Costs
Quantities and Costs
Line Item Item Description Unit Quantity
Unit Price Total
Quantity Current Total
Landscape Plan Cost Estimate
LA Park/Open Space Grass Seed Mix SF 28"
$0.09
S2,240.00
0
$0.00
L.2 2.2S' Caliper B&S trees installed with stakes EA 34
$1,199.00
S40.766.00
0
$0.00
L.3 Shrubs EA 180
SSS.00
S9900.00
0
$0.00
LA Perrenials EA 412
$22AO
S9,064.00
0
$000
ILLS Turf Sod SF 1302
$LSO
SI953.00
0
S000
L.6 8'Evergreen Trees installed EA 19
$1.249.00
$23,731.00
0
$0.00
L.7 Automatic Irrigation System SF 38373
S1.65
$63,31SAS
0
$0.00
L9 Colored Edging LF 163S
S12.00
$19,620.00
0
SO -DO
LAO Playground Chips CY 1S2
S30.00
S4,S60.00
0
$0.00
L.11 Large Bark Mukh C'Y 104
S88.00
$9.,1S2.00
0
$000
L.13 Weed Barrier Fabric Sy 1250
S1 75
52.187.S0
0
$0 W
L.12 Picnic Tables EA 3
S3,300.00
$9,900.00
1L
$0.00
L.13 Benches EA 6
S2,200.00
$13.200.00
0
$0.00
L.14 Playground Structure LS 1
$22,000.00
$22,000.00
0
$0.00
L.16 Balance Beam Play Structure FA 3
$72S.00
$2.175.00
0,
$o 00
LIS Scramble Boulder EA 4
$550.00
52,2110.00
0
so 00
L.16 Playground Curb LF 297
S22.00
$6.S34.00
0
$O.OD
L.17 Playground Fence LF 175
S38.50
56,737.S0
0
$o ro
L.18 Playground Gate EA 2
$SS0.00
51,100.00
0
SO.00
L.19 Concrete SF t780
$6.60
511,748.00
0
SO.00
GENERAL, OPEN SPACE, AND POND AREA LANDSCAPE TOTAL
S262,083.45
SO.00
L.20 2.2S' Caliper B&6 trees installed with stakes EA 55
S1,199.00
56S,94S.00
0
$0.00
L.21 Irrigation and seed boulevard areas LOT 52
$1,000.00
S52,000.00
0
$0.00
STREET TREE AND BOULEVARD LANDSCAPE TOTAL
$117,945.00
$0.00
ASPEN CREEK WEST LANDSCAPING TOTAL
S380,026.45
S0.00
Remaining Civil Cost Estimate
C.1 Asphalt Removal SF 63140
SLOO
$63,140.00
0
$0.00
C.2 Asphalt Placement SY 7016
S29.00
S203,464.00
0
$0.00
C.3 Concrete Collar Removal (Damaged and Temp filled) LS 1
S4,800.00
S4,800.00
0
$0.00
CA Concrete Collar Replacement Iraisingfloweriag iron included) LS 1
$10,000.00
$10.000.00
0
$0.00
C.5 Westland Drive Asphalt Removal SF 1400
$1.00
S1,400.00
0
SO.00
C.6 Westland Drive Asphalt Replacement Sy 156
S29.00
$4,524.00
0
50.00
C.7 Westland Drive Valve Boa Replacment LS 1
$800.00
$800.00
0
SO.00
CIVIL ITEMS TOTAL
S2$%128.00
$0.00
CIVIL FFEMS TOTAL
S2W,128.00
50.00
TOTAL PROJECT BUDGET (INCLUDES LANDSCAPING)
S666,156,45
$0.00
TOTAL ESTIMATED COST OF CONSTRUCTION
$668,156AS
.a
Approximate ftamprelpl
work as of
s4 ,,"` • .
AMOUNT COMPLETED PRIOR TO BONDING
$0.00
AMOUNT OF REMAINING WORK PRIOR TO BONDING
5668,156.45
AMOUNT OF BOND (125% OF REMAINING WORK)
$835,195 56
AS PROJECT ENGINEER FOR ASPEN CREEK WEST - PHASE 1, J CERTIFY THAT THE WORK LISTED HEREIN IS
CORRECT. IN ADDITION, I CERTIFY THAT THE ASSOCIATED COSTS ARE REASONABLY ACCURATE
ESTIMATES OF THE RESPECTIVE COSTS OF THE WORK.
THE VALUE OF CONSTRUCTION AND OTHER WORK COMPLETED TO DATE IS ESTIMATED TO BE:
THE TOTAL VALUE OF REMAINING WORK, SERVICES AND FEES IS ESTIMATED TO BE:
SECURITY HELD AT 125%OF THE REMAINING COSTS SHOULD BE IN THE AMOUNT OF:
$0.00
$669,156,45
$835,195.56
BENJAMIN RANKIN, P.E. 'ALL IMPROVEMENTS SHALL BE COMPLETED BY: July 15, 2026
* OLD REPUBLIC SURETY COMPANY
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS: That OLD REPUBLIC SURETY COMPANY, a Wisconsin stock insurance corporation, does make, constitute and
ap;,joint: Jaclyn Kruse, James E. Majeskey II, Thomas C. Denison, Jennifer Martinez Ibarra,
James Clegg, Dylan Arre, Casey L. Lund, Victoria Crist, Liliana Castrejon Perez, Taj Hoard -Sire of Spokane, WA
its true and lawful Attorneys}in-Fact, with full power and authority for and on behalf of the company as surety, to execute and
deliver and affix the seal of the company thereto (if a seal is required), bonds, undertakings, recognizances or other written obligations in the nature thereof,
(other than ball bonds, bank depository bonds, mortgage deficiency bonds, mortgage guaranty bonds, guarantees of installment paper and note
guaranty bonds, self-insurance workers compensation bonds guaranteeing payment of benefits, or black lung bonds), as follows:
ALL WRITTEN INSTRUMENTS
and to bind OLD REPUBLIC SURETY COMPANY thereby, and all of the acts of said Attorneys -in -Fact, pursuant to these presents, are ratified and confirmed.
This appointment is made under and by authority of the board of directors at a special meeting held on February 18, 1982.
This Power of Attorney is signed and sealed by facsimile under and by the authority of the following resolutions adopted by the board of directors of the OLD
REPUBLIC SURETY COMPANY on February 18,1982.
RESOLVED that, the president, any vice-pres dent or assistant vice president, in conjunction with the secretary or any assistant secretary, may appoint
attorneys -in -fact or agents with authority as defined or limited in the instrument evidencing the appointment in each case, for and on behalf of the company to
execute and deliver and affix the seal of the company to bonds, undertakings, recognizances, and suretyship obligations of all kinds: and said officers may
remove any such attorney -in -fact or agent and revoke any Power of Attorney previously granted to such person.
RESOLVED FURTHER, that any bond, undertaking, recognizance, or suretyship obligation shall be valid and binding upon the Company
(i) when signed by the president, any vice president or assistant vice president, and attested and sealed (if a seal be required) by any secretary or assistant
secretary; or
(ii) when signed by the president, any vice president or assistant vice president, secretary or assistant secretary, and countersigned and sealed (if a seal be
required) by a duly authorized attorney -in -fact or agent, or
(iii) when duly executed and sealed (if a seal be required) by one or more attorneys -in -fact or agents pursuant to and within the limits of the authority
evidenced by the Power of Attorney issued by the company to such person or persons.
RESOLVED FURTHER that the signature of any authorized officer and the seal of the company may be affixed by facsimile to any Power of Attorney or
certification thereof authorizing the execut on and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the company, and such
signature and seal when so used shall have the same force and effect as though manually affixed.
IN WITNESS WHEREOF, OLD REPUBLIC SURETY COMPANY has caused these presents to be signed by its proper officer, and its corporate seal to be
�#RA ,i,i. 17th day of October 2024
)l nl 5 serr a a, 9t
STATE OF WISCONSIN, COUNTY OF WAUKESHA - SS
sunarr
a.
W �co. rt C.
SEAL.
o ,u,
OLD REPUBLIC SURETY COMPANY
LX4
President
On this 17th day of October 2024 , personally came before me, Alan PaVllc
and Karen J Haffner to me known to be the individuals and officers of the OLD REPUBLIC SURETY COMPANY
who executed the above instrument, and they each acknow�edged the execution of the same, and being by me duly sworn did severally depose and say that
they are the said officers of the corporation aforesaid, and that the seal affixed to the above instrument is the seal of the corporation, and that said corporate seal
and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority of the board of directors of said corporation.
VatsV Nuta-r Fula w
My Commission Expires: September 28 2026
CERTIFICATE (Expiration of notary's commission does not Invalidate this instrument)
I, the undersigned. ass;4st0t secretary of the OLD REPUBLIC SURETY COMPANY, a Wisconsin corporation, CERTIFY that the foregoing and attached
Power of Attorney remains in full force and has not been revoked; and furthermore, that the Resolutions of the board of directors set forth in the Power of
Attorney. are now in force:. ` ,
suor
9th October 2025
789450 g i SEAL . = Signed and sealed at the City of Brookfield, WI this day of _
ORSC 22262 (3-OB)
Marsh & McLennan Agency LLC
C11'r—�
KALISPELL
Development Services
Department
201
hone ( Avenue East
Kalispell, MT 59901
Phone 406) 758-7940
FINAL PLAT
Email: planninco kalisoell.com
Website:
www.kalisoell.com
Project Name
Aspen Creek West - Phase 1
Property Address
520 Three Mile Drive
NAME OF APPLICANT 7415-302-5507
520 Three Mile Drive Associates, LLC (Attn: Mark Sanchez)
pplicant Phone
Applicant Address
940 Emmett Ave., Suite 200
City, State, Zip
Belmont, CA, 94002
Applicant Email Address
mark@villageprop.com
If not current owner, please attach a letter from the current owner authorizing the applicant to proceed with the application.
OWNER OF RECORD
520 Three Mile Drive Associates, LLC (Attn: Mark Sanchez)
Owner Phone
1415-302-5507
Owner Address
940 Emmett Ave., Suite 200
City, State, Zip
Belmont, CA, 94002
Owner Email Address
mark villa a ro .com
CONSULTANT (ARCHITECT/ENGINEER)
WGM Group
Phone
406-756-4848
Address
431 1 st Ave W
City, State, Zip
Kalispell, MT, 59901
Email Address
brankin@wgmgroup.com
POINT OF CONTACT FOR REVIEW COMMENTS
Ben Rankin - WGM Group
Phone
1406-456-4848
Address
431 1 st Ave W.
City, State, Zip
Kalispell, MT, 59901
Email Address
brankin@wgmgroup.com
List ALL owners (any individual or other entity with an ownership interest in the property):
520 Three Mile Drive Associates, LLC
Development Services
crrz of Department
2011st Avenue East
LISP ELL Kalispell, 59901
Phone (406) 758-794-794
0
1. Date of Preliminary Plat Approval A45, 2022 Extended May 5. 2025
2. Type of Subdivision: Residential Industrial[] Commercial PUDD Other
3. Total number of lots in Subdivision: 56
4. Land in Project (acres) 1502
S. Parkland (acres) a
8. Number of lots by type:
Single Family
Com merc i al lind ustri a I
Townhouse (sublots)
6. Cash -in -lieu b o
7. Exempt
Multi -Family
Mobile Home
RV Park
Other
INSTRUCTIONS FOR FINAL PLAT
1. Attach a letter, which lists each condition of preliminary plat approval, and individually state how each condition has specifically been met. In cases where
documentation is required, such as an engineer's certification, State Department of Health certification, etc., original letters shall be submitted. Blank
statements stating, for example, "all improvements are in place' are not acceptable.
2. A complete final plat application must be submitted no less than 60 days prior to expiration date of the preliminary plat.
3. Please verify the final plat with staff and submit to the county 509 committee prior to submitting mylars.
REQUIRED SUBMITTALS
Attached Not Applicable
Cover letter addressing preliminary plat conditions wl attachments
Title Report (Original, not more than 90 days old)
Tax Certification (Property Taxes must be paid)
Consent(s) to Plat (Originals and notarized)
Subdivision Improvement Agreement (Attach signed
original & collateral)
ParkiandCash-in4leu (Check attached)
Water rights transfer
Copy of CCR's
Plats (2 rrylars & 1 electronic copy) - other attachments required per
appendix D of subdivision regulations
i hereby certify under penalty of pedury and the laws of the State of Montana that the information submitted herein, on all other submitted forms,
documents, plans or any other information submitted as a part of this application, to be true, complete, and accurate to the best of my knowledge.
Should any information or representation submitted in connection with this application be incorrect or untrue, I understand that any approval based
thereon may be rescinded, and other appropriate action taken. The signing of this application signifies approval for the Kalispell City staff to be
present on the property for routine monitoring and inspection during the approval and development process.
520 THREE MILE DRIVE, LLC
By: VPDC 2015, L its anage Z�
By:
Applicant Signature ra L. Perry, Vice reside Date
4 /'f WGMGROUP
C OMMunity Values. Inspired Futures.
u
September 3, 2025
Jarod Nygren, Director
Kalispell Planning Department
201 1 st Avenue East
Kalispell, MT 59901
Re: Final Plat Application for Aspen Creek West Subdivision Phase 1
Dear Jarod:
As the engineer of record for Aspen Creek West Subdivision, I hereby certify that all of the conditions
stated in Resolution No. 6081 have been addressed to the best of my knowledge
Enclosed is the Final Plat application for Phase 1 of the Aspen Creek West Subdivision. The
conditions of approval are listed below along with how each has been addressed:
1. The Planned Unit Development for Aspen Creek West allows for the following deviations from the
Zoning Regulations:
(1) Lot Area: Sec 27.06.040(1) — Minimum lot size in the R-3 zone is 6000 square feet. The
deviation reduces minimum lot area to 3791 square feet for attached townhome lots.
(2) Lot Width: Sec 27.06.040(2) — The minimum lot width in the R-3 zone is 50 feet. The deviation
reduces the lot width requirement for the sublots for the townhome units to 40 feet.
All lots are greater than 3791 square feet and at least 40 feet wide.
2. The Planned Unit Development for Aspen Creek West allows for the following deviations from the
Kalispell Subdivision Regulations:
(1) Road Sections: Section 28.3.14 — The subdivision regulations and the Standards for Design
and Construction contain design criteria for roads. This deviation would allow an alternative
design for a private street in the northern area of the development and deviations of the
centerline radii on two curves on Triple Creek, as detailed within the staff report.
The private street in the northern area is a part of Phase 2 and has not been designed and
reviewed yet. Triple Creek was designed, reviewed, and approved as a part of this project.
3. The preliminary plat approval for the subdivision is not effective until the ordinance approving the
PUD/zone change becomes effective.
The PUD was approved July 18th, 2022 and is included enclosed
4. The development of the site shall be in substantial compliance with the application submitted, the
site plan, materials, and other specifications as well as any additional conditions associated with
the preliminary plat as approved by the city council.
431 1" Avenue West, Kalispell, MT 59901 1 OFFICE 406.756.4848 1 EMAIL wgm@wgmgroup.com
Kalispell Planning Department
September 3, 2025
Page 2 of 7
The development of the site is in substantial compliance with the preliminary plat documents
as approved by City Council. Please see enclosed Resolution No. 6081 — Preliminary Plat
Conditions of Approval.
5. A development agreement shall be drafted by the Kalispell City Attorney between the City of
Kalispell and the developer outlining and formalizing the terms, conditions and provisions of
approval. The final plan as approved, together with the conditions and restrictions imposed, shall
constitute the Planned Unit Development (PUD) zoning for the site that shall be completed and
signed by the city and owner prior to the issuance of a building permit.
After consultation with the City, the development agreement is not applicable for this
development.
6. Upon approval of the preliminary PUD by the City Council, the property owner shall proceed with
the preparation of the final PUD plan as provided in Section 27.19.020(7) of the Kalispell Zoning
Ordinance.
The PUD was approved July 18, 2022. The development has followed the PUD plan.
7. As a PUD with an associated preliminary plat application, the abandonment or expiration of the
PUD is governed by Section 27.19.020(10) of the Kalispell Zoning Ordinance.
The PUD was approved July 18, 2022. The preliminary plat was approved July 5th, 2022 and
was extended on May 5, 2025 for two years. Please see enclosed Resolution No. 6252 —
Preliminary Plat Extension.
8. The preliminary plat approval shall be valid for a period of three years from the date of approval.
The preliminary plat was approved July 5th, 2022 and was extended on May 5, 2025 for two
years. Please see enclosed Resolution No. 6252 — Preliminary Plat Extension.
9. The storm water ponds shall be designed in a way that they become a visual interest to the
development. Chain link fencing surrounding the retention pond as the dominant feature shall not
be allowed without mitigation. The developer shall work closely with the Parks Department and
Public Works to develop a design that is both visually appealing and meets the required safety
guidelines. It is intended that when the project is developed the ponds will act as features,
particularly along the roadways, rather than a private maintenance utility facility.
A landscape and irrigation plan for the development was created and approved by Parks
Department. The letter of approval is enclosed with the submittal.
10. The storm water ponds will be required to be on utility lots, and access for maintenance of the
ponds shall be provided in accordance with City Standards.
A utility lot for the stormwater pond is shown on the final plat. Access to the pond is provided
via a 12' wide asphalt path that has been reviewed and approved.
Kalispell Planning Department
September 3, 2025
Page 3 of 7
11. The developer shall submit to the Kalispell Public Works Department for review and approval a
storm water report and an engineered drainage plan that meets the requirements of the current
city standards for design and construction. Prior to final plat, a certification shall be submitted to
the Public Works Department stating that the drainage plan for the subdivision has been installed
as designed and approved.
The stormwater certification has been submitted to Public Works Department and is included
with this submittal.
12. The developer shall submit to the Kalispell Public Works Department prior to construction an
erosion/sediment control plan for review and approval and a copy of all documents submitted to
Montana Department of Environmental Quality for the General Permit for Storm Water Discharge
Associated with Construction Activities.
An erosion control plan was submitted with the construction documents to the Kalispell Public
Works Department and the Montana Department of Environmental Quality. Prior to
construction, the Contractor obtained a General Permit for Storm Water Discharge
Associated with Construction Activities. Please see the enclosed Montana Department of
Environmental Quality Notice of Intent Confirmation Letter and SWPPP,
13. The developer shall submit water and sanitary sewer plans, applicable specifications, and design
reports to the Kalispell Public Works Department and the Montana Department of Environmental
Quality for concurrent review, with approval of both required prior to construction.
City of Kalispell Public Works Engineering approval letter, Montana Department of
Environmental Quality's approval letter (EQ#24-1505) and MFE are enclosed
14. New infrastructure required to serve the subdivision shall be designed and constructed in
accordance with the City of Kalispell's Standards for Design and Construction. All design work
shall be reviewed and approved in writing by the Kalispell Public Works Department prior to
construction. This infrastructure shall include but not limited to streets, street lighting, street
signage, curb, gutter, boulevard and sidewalks.
Please see the City of Kalispell Public Works Engineering approval letter enclosed under
Condition #13 and Montana Department of Environmental Quality's approval letter (EQ#24-
1505) and MFE.
15. Water and sewer main extensions shall be designed and constructed in accordance with the City
of Kalispell's Standards for Design and Construction and in compliance with the city's facilities
update and extensions of services plans. The water and sewer main extension plans shall be
reviewed and approved by the Kalispell Public Works Department. Prior to final plat, a certification
shall be submitted to the Public Works Department stating that the water and sewer mains have
been built and tested as designed and approved.
A certification letter stating water & sewer mains have been installed and tested in
accordance with City of Kalispell and DEQ requirements is enclosed.
Kalispell Planning Department
September 3, 2025
Page 4 of 7
16. The water main extension shall continue in Three Mile Drive to the west extent of the property
instead of entering the private road. The water main extension along Three Mile Drive shall
comply with the Water Facility Plan.
The water main extension will be needed with the development of Phase 2. Improvements along
the Phase 2 frontage will be developed with that phase.
17. Any water rights associated with the property shall be transferred to the City of Kalispell. The
water rights shall be allocated proportionally for each phase of development prior to final plat.
Water rights have been transferred to the City
18. The sewer main extension shall continue in Three Mile Drive instead of entering the private road.
The sewer main extension will be needed with the development of Phase 2. Improvements along
the Phase 2 frontage will be developed with that phase.
19. The developer shall submit the street designs to the City of Kalispell Public Works Department for
review and approval prior to construction. Street designs shall meet the city standards for design
and construction, except as otherwise provided for herein, including, but not limited to, sidewalks,
landscape boulevards, streetlights, and curb/gutter. A note shall be placed on the final plat
designating the northern road as private.
Please see the City of Kalispell Public Works Engineering approval letter enclosed under
Condition #13. The northern road is included as a part of Phase 2 and is not a part of the Phase
plat.
20. Pursuant to Sec 28.3.25 of the subdivision regulations, the final plat shall include a note stating
that "The owners hereby waive the right to protest the creation of an SID for the purpose of
financing improvements to area roads which specifically benefit this subdivision."
The above note is included on the final plat.
21. The Traffic Impact Study ("TIS) shall be updated to address a drop in the level of service with the
updated TIS to be reviewed and approved by the Public Works Department. Prior to final plat, all
mitigation recommended as part of the approved updated traffic impact study relative to the given
phase shall be completed. All improvements shall be reviewed and approved by the Public Works
Department. Per the city Standards for Design and Construction, the development shall maintain
or improve the existing level of service for the affected roadways rather than simply maintaining an
acceptable level of service.
The TIS has been revised and there is no longer a drop in the level of service.
22. The geotech report and a grading plan shall be submitted for review and approval by the City of
Kalispell prior to submittal of any engineering or building plans related to the property, and the
proposed layout may be altered based on that review, including the possibility of a reduction in the
number of lots.
Kalispell Planning Department
September 3, 2025
Page 5 of 7
Geotechnical information and the grading plan was included with the design submittal information
that City of Kalispell reviewed and approved. Specific geotechnical recommendations for individual
lots can be requested at the time of building permits.
23. Prior to any work in the floodplain, a floodplain development permit and any related permits from
the Corps of Engineers, the Conservation District, and/or other agencies shall be obtained, if
necessary, by the developer.
No work within the flood plain was completed with this project.
24. Under Section 28.3.06 of the subdivision regulations, the development shall maintain a minimum
100-foot setback from wetlands to any proposed lot boundaries. Under Section 28.3.07, the
development shall limit uses within the 100-foot setback from stream.
All lot boundaries are 100-feet from any wetlands.
25. Prior to final plat, a letter from Kalispell Public Works Department shall be submitted stating that all
new infrastructure has been accepted by the City of Kalispell, and private infrastructure has been
constructed per city standards, and a proper bond has been accepted for unfinished work.
A Subdivision Improvements Agreement (SIA) including proper bonding is in place for all
outstanding items. All new infrastructure will be accepted by the City when all improvements in the
SIA area complete.
26. All existing and proposed easements shall be indicated on the face of the final plat. Utility
easements for city water and sewer shall be provided to allow for the logical extension of utilities
from this subdivision to adjoining properties. A letter from the Kalispell Public Works Department
shall be obtained stating that the required easements are being shown on the final plat.
All existing and proposed easements are shown on the final plat.
27. The following statement shall appear on the final plat: "The undersigned hereby grants unto each
and every person, firm or corporation, whether public or private, providing or offering to provide
telephone, telegraph, electric power, gas, cable television, water or sewer service to the public,
the right to the joint use of an easement for the construction, maintenance, repair, and removal of
their lines and other facilities, in, over, under, and across each area designated on this plat as
"Utility Easement" to have and to hold forever."
Developer's Signature
The above note is included on the final plat.
28. Prior to filing the final plat, a letter from the US Postal Service shall be included stating the
Service has reviewed and approved of the design and location of the mail delivery site. The mail
delivery site shall be installed or bonded for prior to final plat. In addition, the mail delivery site and
Kalispell Planning Department
September 3, 2025
Page 6 of 7
improvements shall also be included in the preliminary and final engineering plans to be reviewed
by the Public Works Department. The mail delivery site shall not impact a sidewalk or proposed
boulevard area.
A letter of approval from the US Postal Service is enclosed.
29. A homeowner's association (HOA) shall be formed and established to provide for maintenance of
the common areas, including, but not necessarily limited to, roads, parks and open space.
Maintenance of any private roads and alleys shall include both short term and long-term
maintenance including, but not necessarily limited to, snow plowing, landscaping, sidewalks, street
repairs, overlays, and rebuilds of the street.
A copy of the CCR's is included with the application submittal.
30.A letter from the Kalispell Fire Department approving the access, placement of the fire hydrants
and fire flows within the subdivision shall be submitted prior to final plat.
A letter of approval from the Kalispell Fire Department is enclosed.
31. A letter shall be obtained from the Parks and Recreation Director approving a landscape plan for
the placement of trees and landscaping materials within the landscape boulevards of the streets
serving the subdivision, common area, and adjoining rights -of -way. The approved landscape plan
shall be implemented or a cash -in -lieu payment for installation of the street trees and groundcover
be provided to the Kalispell Parks and Recreation Department.
The Phase 1 landscape plan was approved by the Parks Department (See Condition #9). A
Subdivision Improvements Agreement (SIA) including proper bonding is in place
32. A park plan shall be created and approved by the Parks and Recreation Director prior to final
plat of Phase 1, and the plan shall show that the parkland dedication requirement is met for
each phase.
The Phase 1 landscape plan was approved by the Parks Department, see condition #9.
33. A note shall be placed on the final plat indicating a waiver of the right to protest creation of a park
maintenance district. This district shall only be activated in the event that the property owners'
association defaults on their park and open space amenity conditions. The taxes levied within the
maintenance district shall be determined by the Parks and Recreation Department with approvals
by the Kalispell City Council.
The above note is included on the final plat.
34.A note shall be placed on the final plat indicating a waiver of the right to protest creation of a
stormwater maintenance district. This district shall only be activated in the event that the property
owner(s) default on the maintenance of the approved stormwater facilities. The taxes levied within
Kalispell Planning Department
September 3, 2025
Page 7 of 7
the maintenance district shall be determined by the Public Works Department with approvals by
the Kalispell City Council.
The above note is included on the final plat.
35. A minimum of two-thirds of the necessary infrastructure for the subdivision shall be completed
prior to final plat submittal.
More than two-thirds of the subdivision infrastructure has been completed.
36.All utilities shall be placed underground and in locations that are approved by the Kalispell Public
Works Department in accordance with the Kalispell Standards for Design and Construction.
Please refer to the City's approval letter enclosed under Condition #13. In addition, all dry utilities
have been designed and constructed in underground conduits and vaults or pedestals.
37. All areas disturbed during development shall be re -vegetated with a weed -free mix immediately
after development.
Disturbed areas have been reseeded with a weed free mix
Sincerely,
WGM Group, Inc.
Ben Rankin, P.E.
Project Engineer
Enclosures: Conditions of approval supporting documentation for Phase 1
4 AM WC MG" -.SOU
V
October 7, 2024
City of Kalispell
Public Works Department
Attn: Keith Haskins
201 1 St Avenue East
Kalispell, MT 59901
Re: Aspen Creek Subdivision Phase 1
EQ#: 24-1505
Sewer Main Extension Certification
Dear Keith:
WGM Group, Inc. certifies that the sewer main extension improvements within the Aspen Creek Phase 1
subdivision has been completed and tested in substantial conformity with the approved WGM Group, Inc.
construction plans and specifications dated 8/6/24, and approved construction modifications. There is one
other deviation from the design standards other than those previously approved by the department, and the
deviation has been included with the supporting information.
If you have any questions or would like additional information, please feel free to give me a call at 406-756-
4848 or email me at brankin wg_mgroup.com.
Sincerely,
WGM Group, Inc.
_yet
Benjamin Rankin, PE
PROJECT ENGINEER
®•'BENJAMIN J.
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_
cc: MDEQ / EQ# 24-1505
City of Kalispell Planning Department — Jarod Nygren
City of Kalispell Public Works Department — Keith Haskins
File
431 15' Avenue West, Kalispell, MT 59901 1 OFFICE 406.756.4848 1 EMAIL wgm@wgmgroup.com
4 &WGMGROUP'
Community values_ Inspired Futures.
July 2, 2025
City of Kalispell
Public Works Department
Attn: Matt Carlenzoli
201 1st Avenue East
Kalispell, MT 59901
Re: Aspen Creek West Subdivision Phase 1
EQ#: 24-1505 Water Main Extensions
Water System Certification
Dear Matt:
WGM Group, Inc. certifies that the water system improvements serving the Aspen Creek West Phase 1
subdivision have been completed and tested in substantial conformity with the approved WGM Group, Inc.
construction plans and specifications dated 8/6/24 and approved construction modifications. There are no
deviations from the design standards other than those previously approved by the department.
If you have any questions or would like additional information, please feel free to give me a call at 756-
4848 or email me at brankin(a)-wgmgroup.com.
Sincerely,
WGM Group, Inc. Ile T"
U t4 A /.
• B JAI'�IN J.
RAN
KIN
Benjamin Rankin, PE DM �,14,
p I791 PE
PROJECT ENGINEER ,�
AL
cc: MDEQ / EQ# 24-1505
City of Kalispell Public Works Department — Keith Haskins and Patrick Jentz
File
431 1" Avenue West, Kalispell, MT 59901 1 OFFICE 406.756.4848 1 EMAIL wgm@wgmgroup.com
4 &WGMGROUP'
Community Values Inspired Futures
July 30, 2025
City of Kalispell
Public Works Department
Attn: Matt Carlenzoli
201 1st Avenue East
Kalispell, MT 59901
Re: Aspen Creek West Subdivision - Phase 1
Stormwater System Certification
Dear Matt:
For the purpose of meeting final plat requirements, WGM Group, Inc. certifies that the stormwater system
improvements installed to date serving Phase 1 of the Aspen Creek West subdivision have been completed
and tested in substantial conformity with the approved WGM Group, Inc. construction plans and
specifications dated 8/6/24 and any approved construction modifications. These improvements consist of
stormwater pipes, catch basins and inlet grates, manholes, and curb and gutter. Any punch list items will be
addressed at project completion.
If you have any questions or would like additional information, please feel free to give me a call at 756-4848
or email me at brankin w rrl rou .com.
Sincerely,
WGM Group, Inc.
Benjamin Rankin, PE
PROJECT ENGINEER
o yN TA ..
r �•�BERJAMIN I
RANKIN
No. 41791 PP
MR
431 15` Avenue West, Kalispell, MT 59901 1 OFFICE 406.756.4848 1 EMAIL wgm@wgmgroup.com
CITY OF
KALISPELL
October 13, 2025
Ben Rankin, PE
Project Engineer
WGM Group
431 1 st Ave W
Kalispell, MT 59901
Re: Final Plat Conditions for Aspen Creek West PH 1
Dear Mr. Rankin,
The purpose of this letter is to address the Public Works related conditions required prior to Final
Plat as referenced in the conditions of Preliminary Plat described in Resolution No 6081. The
following conditions require Public Works approval and appear to be applicable to the Final Plat
of Phases 1 of the Aspen Creek West Subdivision.
Condition 9: "The storm water ponds shall be designed in a way that they become a visual
interest to the development. Chain link fencing surrounding the retention pond as the dominant
fixture shall not be allowed without mitigation. The developer shall work closely with the Parks
Department and Public Works to develop a design that is both visually appealing and meets the
required safety guidelines. It is intended that when the project is developed the ponds will act as
features, particularly along the roadways, rather than a private maintenance utility facility "
The stormwater pond was constructed in substantial conformance with the plans and
specifications as certified by Ben Rankin on July 30, 2025.
Condition 9 of the preliminary plat conditions shall hereby be considered satisfied.
Condition 10: "The stormwater ponds will be required to be on utility lots, and access for
maintenance of the ponds shall be provided in accordance with city standards. "
The stormwater pond has its own lot on the final plat
Condition 10 of the preliminary plat conditions shall hereby be considered satisfied.
201 1It Avenue E Phone (406)758-7720
Po Box 1997 Public Works Department Fax (406)758-7831
Kalispell, MT 59903 1 1 www.kalispell.com
Condition 11: "The developer shall submit to the Kalispell Public Works Department for review
and approval a storm water report and an engineered drainage plan that meets the requirements of the
current city standards for design and construction. Prior to final plat, a certification shall be
submitted to the public works department stating that the drainage plan for the subdivision has been
installed as designed and approved. "
The stormwater report and engineered drainage plan for this project was approved on
August 1, 2024. Ben Rankin (engineer of record) certified the completion or appropriate
bonding for the approved stormwater infrastructure on July 30, 2025. A 5-year warranty
has been provided due to the City's backfill standards not being met.
Condition 11 of the preliminary plat conditions shall hereby be considered satisfied.
Condition 12: The developer shall submit to the Kalispell Public Works Department prior to
construction an erosion/sediment control plan for review and approval and a copy of all
documents submitted to Montana Department of Environmental Quality for the General Permit
for Storm Water Discharge Associated with Construction Activities.
City of Kalispell Construction Stormwater Permit SW24-0079 and MDEQ SWPPP
Permit MTR110809 were approved and issued for construction activities.
Condition 12 of the preliminary plat conditions shall hereby be considered satisfied.
Condition 13: The developer shall submit water and sanitary sewer plans, applicable
specifications, and design reports to the Kalispell Public Works Department and Montana
Department of Environmental Quality for concurrent review, with approval ofboth required
prior to construction.
Plans and specifications were concurrently submitted to the Kalispell Department of
Public Works and the Montana Department of Environmental Quality in accordance with
the Standards for Design and Construction. City approval was obtained on August 1,
2024. MDEQ approval was obtained on August 7, 2024. Both approvals were received
prior to commencement of construction.
Condition 13 of the preliminary plat conditions shall hereby be considered satisfied.
Page 2 of 6
Condition 14: "New infrastructure required to serve the subdivision shall be designed and
constructed in accordance with the City ofKalispell's Standards for Design and Construction. All
design work shall be reviewed and approved in writing by the Kalispell Public Works Department
prior to construction. This infrastructure shall include but not be limited to streets, street lighting,
street signage, curb, gutter, boulevard and sidewalks. "
Plans and specifications for new infrastructure within the Aspen Creek West PH 1
Subdivision were submitted to the Kalispell Department of Public Works in accordance
with the Standards for Design and Construction. City approval was obtained on August 1,
2024. The minimum construction standards were not met for backfill of utility trench
and installation of the road base and sub base. The required warranty has been extended
from 2 years to five years to satisfy this requirement.
Condition 14 of the preliminary plat conditions shall hereby be considered satisfied.
Condition 15: "Water and sewer main extensions shall be designed and constructed in
accordance with the City ofKalispell's Standards for Design and Construction and in
compliance with the city's facilities update and extension ofservices plans. The water and sewer
main extension plans shall be reviewed and approved by the Kalispell Public Works Department.
Prior to final plat, a certification shall be submitted to the Public Works Department stating that
the water and sewer mains have been built and tested as designed and approved. "
The water and sewer mains were designed in accordance with the City of Kalispell's
standards as noted in the August 1st, 2024 approval letter. A certification letter for the
water main was provided on July 2nd 2025. A certification letter for the sewer
infrastructure was provided on October 7, 2024 by Ben Rankin (engineer of record).
After the certification was received, the City became aware that the minimum utility
trench backfill requirements were not met. A 5-year warranty has been provided, rather
than the standard 2-year warranty, to compensate for not meeting the city's standards.
Condition 15 of the preliminary plat conditions shall hereby be considered satisfied.
Condition 17: Any water rights associated with the property shall be transferred to the City of
Kalispell prior to final plat.
The City received confirmation from DNRC on September 5, 2025 that the water rights
had been transferred to the City.
Condition 17 of the preliminary plat conditions shall hereby be considered satisfied.
Page 3of6
Condition 19: "The developer shall submit the street designs to the Kalispell Public Works
Department for review and approval prior to construction. Street designs shall meet the city
standards for design and construction, except as otherwise provided for herein, including, but
not limited to, sidewalks, landscape boulevard, streetlights, and curb/ gutter. A note shall be
placed on the final plat designating the northern road as private. "
The plans for the Aspen Creek West PH 1 Subdivision were reviewed and approved on
August 1, 2024.
Condition 19 of the preliminary plat conditions shall hereby be considered satisfied.
Condition 21: "The Traffic Impact Study ("TIS') shall be updated to address a drop in the level of
service, with the updated TIS to be reviewed and approved by the Public Works Department. Prior
to finalplat, all mitigation recommended as part of the approved updated traffic impact study relative
to the given phase shall be completed. All improvements shall be reviewed and approved by the
Public Works Department. Per the city Standards for Design and Construction, the development
shall maintain or improve the existing level of service for the affected roadways rather than simply
maintaining an acceptable level of service. "
An updated TIS was provided to the City of Kalispell on September 3, 2025 which did
not identify any negative impacts being caused by the proposed PH 1 subdivision.
Condition 21 of the preliminary plat conditions shall hereby be considered satisfied.
Condition 22: "The recommendations in the Geotech report shall be followed, including
providing additional specific Geotech repots related to buildings and other site improvements,
which are to be reviewed and accepted by the City of Kalispell prior to construction. "
The approved plans followed the City of Kalispell's requirements or the
recommendations of the Geotech report, whichever was stricter.
Condition 22 of the preliminary plat conditions shall hereby be considered satisfied.
Condition 25: "Prior to final plat, a letter from the Kalispell Public Works Department shall be
submitted stating that all new infrastructure has been accepted by the City ofKalispell, anyprivate
infrastructure has been constructed per city standards, and a proper bond has been accepted for
unfinished work. "
A letter accepting the public works infrastructure for Aspen Creek West Phase 1 was sent
on October 13, 2025.
Condition 25 of the preliminary plat conditions shall hereby be considered satisfied.
Condition 26: "All existing and proposed easements shall be indicated on theface ofthe final plat.
Utility easements for city water and sewer shall be provided to allow for the logical extension of
utilities from this subdivision to adjoining properties. A letter from the Kalispell Public Works
Department shall be obtained stating that the required easements are being shown on the final plat. "
Page 4 of 6
A letter accepting the right of ways and easements for Aspen Creek West Phase 1 was
sent on October 13, 2025.
Condition 26 of the preliminary plat conditions shall hereby be considered satisfied.
Condition 35: A minimum of two-thirds of the necessary infrastructure for the subdivision shall
be completed prior to final plat submittal.
Over two-thirds of the infrastructure has been completed and a bond has been provided
for the remaining work.
Condition 35 of the preliminary plat conditions shall hereby be considered satisfied.
Page 5of6
Condition 36: All utilities shall be placed underground and in locations that are approved by
the Kalispell Public Works Department in accordance with the Kalispell Standards for Design
and Construction.
All plans reviewed and approved included only underground utilities, and onsite
construction inspection has included only underground utilities.
Condition 36 of the preliminary plat conditions shall hereby be considered satisfied.
Sincerely,
f A-M,41;;WY
Patrick Jentz, PE
Engineer 3
CC: PJ Sorenson, Esq. — Assistant Director of Development Services
Page 6 of 6
CITY OF
KALISPELL
October 13, 2025
Ben Rankin, PE
WGM
431 1 St Ave W
Kalispell, MT 59901
Re: Aspen Creek West PH 1
Dear Ben,
The Final Plat for Aspen Creek West Phase 1 dated August 1, 2025, has been reviewed by the
Public Works Department to ensure conformance with the City of Kalispell Standards for Design
and Construction for required easements and right-of-ways. All required easement and right-of-
ways required for Phase 1 have been determined to be acceptable.
Additionally, all new infrastructure constructed and completed for the Aspen Creek West Phase
1 Subdivision and proposed to be transferred to the City of Kalispell has been designed and
mostly constructed in accordance with MDEQ and City Design and Construction Standards, has
been tested and certified by a Montana Licensed Professional engineer and is considered
accepted by the City of Kalispell with an extended warranty due to some of the improvements
not being constructed to City Standards. Remaining work that still needs to be completed will be
accepted at the time of release of the performance bond for that infrastructure.
Sincerely,
J-w-
Patrick Jentz, PE
Engineer 3
CC: PJ Sorensen — Assistant Director of Development Services
201 1It Avenue E Phone (406)758-7720
Po Box 1997 Public Works Department Fax (406)758-7831
Kalispell, MT 59903 1 1 www.kalispell.com
1111144111116
CITY OF
KALISPELL
August 1, 2024
Ben Rankin, P.E.
Project Engineer
WGM
431 1st Ave W
Kalispell, MT 59901
Re: Aspen Creek West PH 1 Engineering Approval
Dear Ben:
Thank you for your plan submittal. The City of Kalispell has reviewed the plans and supporting
documents submitted July 25, 2024 for the above referenced project. This project is herby approved.
Approval does not relieve you from designing, nor the contractor from constructing this project in
accordance with the City Standards currently in effect. Any deviations from City of Kalispell Design and
Construction Standards or approved plans shall be submitted for review and approval prior to
construction.
This approval is valid for 18 months from the date of this letter. If more than 18 months lapse before
completing the project, plans, reports, and specifications shall be resubmitted and approved before
construction continues. Please contact the Public Works Department if you have any questions or need
clarification on any items.
This approval is for the Public Works Department only and does not necessitate a full City approval. If
additional approvals from other City Departments are required, they should continue to be pursued.
201 1' Avenue E Phone (406)758-7720
Po sox 1997 Public Works Department Fax (406)758-7831
Kalispell, MT 59903 1 1 www.kalispell.com
Please contact Matt Carlenzoli at 406-758-0243 or mcarlenzoli@kalispell.com to schedule a pre -
construction meeting prior to initializing any construction on the site. A Right -of -Way permit and
Construction Stormwater Permit must be obtained by the prime contractor for the project and are
accessed online on the City's website. At project completion, please provide the city with record
drawings meeting the requirements of Section 1.6 of the City Design and Construction Standards. The
warranty period will not commence until construction is complete, certified, and accepted and record
drawings are received.
Sincerely,
Patrick Jentz, PE
Engineer 3
CC:
• Matt Carlenzoli — City of Kalispell — Construction Manager
• Keith Haskins— City of Kalispell — Deputy Public Works Director/City Engineer
Page 2 of 2
Montana Department QAQWfikh.
of Environmental Quality qqlbw
August 7, 2024
Benjamin Rankin, P.E.
WGM Group
431 1st Avenue W
Kalispell, Montana 59901
RE: E.Q. #24-1505: Water and Sewer Main Extensions to the City of Kalispell to
serve Aspen Creek Subdivision Phase 1
Dear Benjamin:
The engineering report, plans, specifications and supporting information for the
Water and Sewer Main Extensions to the City of Kalispell to serve Aspen Creek
Subdivision Phase 1 project received on October 23, 2023, and additional
information required to approve the project was received in July 2024. The design
documents were submitted under the seal of Benjamin J. Rankin 41791 PE. The
submittal was reviewed in accordance with the Department of Environmental
Quality design standards in Circular DEQ-1 2022 edition and DEQ-2 2018 edition.
Plans and specifications for this project are hereby approved. One copy of the
plans and specifications bearing the approval stamp of the Department of
Environmental Quality is enclosed. A second set will be retained for Department
records and one set will be mailed to the Flathead County Health Department.
The approved project consists of the installation of approximately 1,640 feet
of 8-inch AWWA C900 PVC water main, 4 fire hydrants, and associated
appurtenances, and the installation of approximately 1,700 feet of 8-inch PVC
sewer main,13 manholes, and associated appurtenances.
Approval is given with the understanding that any deviation from the approved
plans and specifications and supporting documentation will be submitted to the
Department for review and approval. The project may not be placed into service
until the project engineer or designer certifies by letter to the Department that the
activated portion of the project was constructed in substantial accordance with the
plans and specifications approved by the Department and there are no deviations
from the design standards other than those previously approved by the department.
Within 90 days after the completion of construction, a complete set of certified "as -
built" drawings must be signed and submitted to the Department.
It is further understood that construction of this project must be completed within
three years of this approval date. If more than three years elapse before completing
construction, plans and specifications must be resubmitted and approved before
construction begins.
Greg Gianforte, Governor I Sonja Nowakowski, Director I P.O. Box 200901 1 Helena, MT 59620-0901 1 (406) 444-2544 1 www.deq.mt.gov
Department approval of this project covers only those portions of the plans and
specifications that are subject to the Department's review authority under the
Public Water Supply Laws (MCA 75-6) and the Administrative Rules promulgated
thereunder (ARM 17.38). This approval does not cover items found within the plans
and specifications that are outside of the Department's review authority, including
but not limited to, electrical work, architecture, site grading or water and sewer
service connections. Acceptance of the plans and specifications by the reviewing
agency does not relieve the owner or the design engineer of their legal liability for
the adequacy of the design.
Thank you for your efforts regarding this submittal. If you have any further
questions or concerns, please feel free to contact me at (406) 444-7343 or
Marc.Golz@mt.gov.
Sincerely, ,
Marc Golz, P.E.
DEQ Engineering Bureau
Enclosures: One set of approved plans & specifications
cc: Flathead County Health Department
City of Kalispell Public Works Department w/o
File: EQ 24-1505
Greg Gianforte, Governor I Sonja Nowakowski, Director I P.O. Box 200901 1 Helena, MT 59620-0901 1 (406) 444-2544 1 www.deq.mt.gov
Montana Department
of Environmental Quality
July 25, 2024
Benjamin Rankin PE
WGM Group
431 1 st Avenue West
Kalispell MT 59901
RE: Aspen Creek West Phase 1
Municipal Facilities Exclusion
EQ# 25-1060
City of Kalispell
Flathead County
Dear Mr. Rankin,
This is to certify that the information and fees received by the Department of Environmental Quality relating to
this subdivision are in compliance with 76-4-127, MCA. Under 76-4-125(1)(d), MCA, this subdivision is not
subject to review, and the Declaration can be filed with the county clerk and recorder.
Plans and specifications must be submitted when extensions of municipal facilities for the supply of water or
disposal of sewage are proposed 76-4-131. Construction of water or sewer extensions prior to DEQ, Public Water
Supply Section's approval is prohibited, and is subject to penalty as prescribed in Title 75, Chapter 6 and Title
76, Chapter 4.
Aspen Creek West Phase 1 Municipal Facilities Exclusion will consist of 31 Single Family Lots and 21 Townhome Lots,
1 Park Lot, 1 Stormwater Lot and 3 Common Area/Open Space Lots.
Sincerely,
Rachel Clark
Engineering Bureau Chief
Water Quality Division
Department ofEnvironmentalQuality
(406) 444-1277
Email racklel.clark2 a)mt. ov
cc: City Engineer
County Sanitarian
file
Greg Gianforte, Governor I Sonja Nowakowski, Director I P.O. Box 200901 1 Helena, MT 59620-0901 1 (406) 444-2544 1 www.deq.mt.gov
Agency Use
WATER
Permit No.: MTR110809
PROTECTION
Date Rec'd
Rec'd
IFAmount
Montana Department BUREAU
Check No.
Rec'd By
of Environmental Quality
Date Gen'd 05/30/2024
App. Doc. Version No.: 2
Application: Notice of Intent
FORM
Storm Water Discharges Associated with Construction Activity
NOI-SWC
General Permit
MTR100000
The NOI form is to be completed by the owner or operator of construction activity eligible for coverage under
the Department's General Permit for Storm Water Discharges Associated with Construction Activities. You must
print or type legibly; forms that are not legible or are not complete or are unsigned will be returned. You must
maintain a copy of the completed NOI form for your records.
PLEASE READ THE ATTACHED INSTRUCTIONS BEFORE COMPLETING THIS FORM
Section A - NOI Status (Check one):
0 New No prior NOI submitted for this site.
❑ Renewal Permit Number:
❑ Resubmittal/Administrative Processing
NOI Fee: $1200.00
Section B - Facility or Site Information (See instruction sheet):
Site Name: Aspen Creek West - Phase I
Site physical address (or directions to the site): 520 Three Mile Dr.
City, State, Zip: Kalispell, MT, 59901
County: Flathead
Township, Range, Section: 28N 22W 11 SN
Latitude: 48.2091721 Longitude:-114.357967
I Is this facility or site located in Indian country per 40 CFR § 122.2? No I
Section C - Applicant (Owner/Operator) Information
Name of Owner/Operator(Legal Name of Organization): Nelcon Inc.
Mailing Address: P.O. Box 5370
City: Kalispell State: MT Zip: 59903
Phone: 406-249-0173
Email: dwilliams@waterenvtech.com
5/30/2024
L OT LV
Applicant Type: Owner and Operator
Status of Applicant: Privately Owned Facility
Facility / Site Contact:
Facility Contact: MONTE WHITE
Title
Vice President
Company Name: Nelcon Inc.
Mailing Address: P.O. Box 5370
City: Kalispell
Telephone: 406-871-3500
State: MT Zip: 59903
Email: monte@nelcon.us
Section D - Other Applicable Permits, Certifications and Approvals
MPDES Permit: No 404 Permit (dredge & fill): No
UIC #: MGWPCS #: No
Plat Approval EQ #:
Other: No
Municipal Separate Storm Sewer System (MS4):
1. Is the construction project located within a regulated Municipal Separate Storm Sewer System (MS4)?
Yes
2. The applicant must contact the MS4 (and provide contact information below) to determine:
a) If the MS4 requires SWPP submission, and
b) If the MS4 has additional requirements including local sediment and erosion controls.
Name of MS4: CITY OF KALISPELL
MS4 Contact Name: Margarite Juarez Thomas Contact Date: 29-May-2024
Submit the SWPPP to the MS4 if required. Any additional MS4 requirements must be incorporated into the
SWPPP.
Sage Grouse Habitat:
Is the construction project located in designated sage grouse habitat (general habitat, core area, or connectivity
area) per the Montana Sage Grouse Habitat Conservation Program website? No
Yes: Submit application to the Program and attach resulting consultation letter.
No: Project is not located in a designated habitat.
Section E - Classification Codes
Provide at least one SIC and one NAICS code which best reflect the type of construction work at the site.
SIC Code
Description
1623
Water, Sewer, And Utility Lines
1794
Excavation Work
1611
Highway And Street Construction
1522
Residential Construction
NAICS Code
237210
uescription
Land Subdivision
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5 oT GU
Section F - SWPPP Preparer and Administrator(s)
SWPPP Preparer:
Name DALTON WILLIAMS Title: Staff Engineer Position Title Staff Engineer
Mailing Address 102 Cooperative Way, Suite 100
City Kalispell State MT Zip 59901
Telephone 406-249-0173 Email dwilliams@waterenvtech.com
Company
Training Course WaterEnvironmentalTechnologies-SWPPP Preparer and Administrator Recertification
Date Completed 09-Jan-2023
SWPPP Administrator:
Name MONTE WHITE Title: Vice President Position Title Vice President
Mailing Address P.O. Box 5370
City Kalispell State MT Zip 59903
Telephone 406-871-3500 Email monte@nelcon.us
Company Nelcon Inc.
Training Course StonnWaterOne-CP241(QPSWPPP)-Qualified Preparer of Storm Water Pollution Prevention
Plans Date Completed 24-Mar-2023
Section G — Duly Authorized Representative
The signatory of this NOI may identify a duly authorized representative(s) who can sign documents related to the
permit authorization including the SWPPP and inspection reports. Even if a duly authorized representative is
designated, only the signatory authority may sign the NOI, PTN, or NOT.
The signatory
o designates the individual(s) listed as a duly authorized representative(s); and
o certifies that the individual(s) has the responsibility for the overall operation of the regulated facility or
activity such as the position of plant manager, operator of a well or a well field, superintendent, position
of equivalent responsibility, or an individual or position having overall responsibility for environmental
matters for the company (per ARM 17.30.1323)
For additional duly authorized representatives, please submit Attachment A.
Section H - Receiving Surface Water(s)
For each outfall, list latitude and longitude in the decimal degrees (00.0000;-000.0000), the name of the
receiving water, and indicate whether the waterbody is impaired. This information can be obtained from DEQ's
Clean Water Act Information Center website. Attach a separate sheet for additional outfalls. See instructions for
more information
This section must be completed, and N/A is not allowed.
Outfall
Latitude
Longitude
Receiving Surface Waters
Impaired
Receiving Water
001
48.2100607
-114.356911
SPRING CREEK
Yes
002
48.2083769
-114.357111
SPRING CREEK
Yes
Waterbodies with Impairments (skip this section if no receiving waters are impaired)
1. Are any of the impaired waterbodies impaired for potential pollutants from construction activities?
(Typical pollutants from construction activities include sediment, suspended solids and turbidity,
and any secondary sources of pollutants based on materials and support activities.)
Yes
If Yes Continue with next question If No Go to Section J
2. Has the SWPPP been updated to include BMPs that target and reduce discharges of the identified
pollutants causing impairment of the waterbodies and any applicable TMDL requirements? Yes
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Page 4 of 20
Section I — Project Summary
1. Total Site Area 20.000 acres Construction -Related Disturbance Area 15.000 acres
(Total site area cannot be less than disturbance area)
2. Estimated Project Start Date 03-Jun-2024 Estimated Project Completion Date 31-Oct-2024
3. Estimated Project Final Stabilization Date 08-Nov-2024
4. What type of construction project is this? Residential
5. Is this project part of a larger common plan of development or sale (larger common plan)? No
6. Is this project part of a larger common plan that currently has authorization under the General Permit? No
If Yes Provide permit number: MTR1
7. Is this a linear project? No
8. Briefly describe the nature of the construction activity or project.
The Aspen Creek West - Phase I development project consists of development of about 15-acres of vacant
property creating a new residential single-family subdivision consisting of 44-lots. The new subdivision is
located between Three Mile Drive and Triple Creek Dr. in Kalispell, MT.
9. Provide a summary of Best Management Practices (BMPs) listed in the SWPPP.
Phase I - Install: Silt fence, existing inlet protection, track pads, portable toilet (staked), dumpster
(covered), designated equipment staging area, and maintain vegetative buffers. Demolish existing asphalt,
fence, barns, sewer and water. Mass site grading.
Phase 2 - Install stormwater pond and outfall. Excavate/install water, sewer, and storm infrastructure along
with all dry utilities. Excavate/construct roads sidewalks and install inlet protection and concrete washout.
Phase 3 - Revegetation of all disturbed areas, remove sediment and debris from stormwater pond, remove
temporary BMP's and achieve final site stabilization.
Supplemental Information
Section M — Certification
This form must be signed by an individual with signatory authority per ARM 17.30.1323.
A signatory authority is defined as:
• For a corporation, a responsible corporate officer. A responsible corporate officer means:
o A president, secretary, treasurer, or vice-president of the corporation in charge of a principal business
function, or any other person who performs similar policy- or decision -making functions for the corporation;
or
o The manager of one or more manufacturing, production, or operating facilities employing more than 250
persons or having gross annual sales or expenditures exceeding $25 million (in second-quarter 1980
dollars), if authority to sign documents has been assigned or delegated to the manager in accordance with
corporate procedures.
• For a partnership or sole proprietorship, a general partner or the proprietor, respectively.
• For a municipality, state, federal, or other public agency, either a principal executive officer or ranking elected
official. A principal executive officer of a federal agency includes:
o The chief executive officer of the agency; or
o A senior executive officer having responsibility for the overall operations of a principal geographic unit
of the agency
Any Person Signing this Document Must Complete the Following Certification:
I certify under penalty of law that this document and all attachments were prepared under my direction or
supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate
the information submitted. Based on my inquiry of the persons who manage the system, or those persons directly
responsible for gathering the information, the information submitted is, to the best of my knowledge and belief,
5/30/2024
Page 5 of 20
true, accurate, and complete. I am aware that there are significant penalties for submitting false information;
including the possibility of fine and imprisonment for knowing violations. [75-5-633, MCA]
A. Name (Type or Print)
B. Title (Type or Print)
C. Phone No.
D. Signature
E. Date Signed
The Department will not process this form until all of the requested information is supplied, and the appropriate
fees are paid. Return this form and the applicable fee to:
Department of Environmental Quality
Water Protection Bureau
PO BOX 200901
Helena, MT 59620-0901
406 444-5546
5/30/2024
Page 6 of 20
AGENCY USE ONLY
WATER
DF: (
Permit No.:MTR110809
Date Received:
PROTECTION
Amount Received:
Montana Department BUREAU
Check No.:
of Environmental Qua
Received By:
FORM
SWPPP
Storm Water Pollution Prevention Plan (SWPPP) Form
Storm Water Discharge Associated with Construction Activity
MTR100000
READ THIS BEFORE COMPLETING THE FORM
The Form SWPPP is intended to assist permittees in developing a SWPPP which complies with Part 3 of the
General Permit for Storm Water Discharges Associated with Construction Activity (General Permit). References
to `Part' in this document refer to parts of the General Permit. It is the permittee's responsibility to ensure all
required items in the General Permit are adequately addressed and that the SWPPP is properly developed,
implemented, and maintained. Additional information may be needed to supplement the Form SWPPP.
Section A — Status (Choose one)
❑ New No prior Application submitted for this site
❑ Renewal Permit Number: MTR110809
❑ Modification
❑ Resubmittal/Admin. Processing
Section B — Facility or Site Information
Site Name: Aspen Creek West - Phase I
Site Physical Address (or directions to the site): 520 Three Mile Dr.
Nearest City or Town: Kalispell Zip Code: 59901 County: Flathead
Section C - Applicant (Owner/Operator) Information
Name of Owner/Operator (Legal Name of Organization): Nelcon Inc.
Mailing Address: P.O. Box 5370
City, State, and Zip Code: Kalispell MT 59903
Phone Number: 406-249-0173 Email: dwilliams@waterenvtech.com
Section D - SWPPP Preparer and Administrator(Part 3.2)
SWPPP Preparer:
Name MONTE WHITE Title: Vice President Position Title Vice President
Mailing Address P.O. Box 5370
5/30/2024
/ OT GU
City Kalispell
Telephone 406-871-3500
State MT Zip 59903
Email monte@nelcon.us
Company Nelcon Inc.
Training Course StormWaterOne-CP241(QPSWPPP)-Qualified Preparer of Storm Water Pollution
Prevention Plans Date Completed 24-Mar-2023
Section D — SWPPP Preparer and Administrator (Continued)
SWPPP Administrator:
Name DALTON WILLIAMS Title: Staff Engineer Position Title Staff Engineer
Mailing Address 102 Cooperative Way, Suite 100
City Kalispell State MT Zip 59901
Telephone 406-249-0173 Email dwilliams@waterenvtech.com
Company
Training Course WaterEnvironmentalTechnologies-SWPPP Preparer and Administrator Recertification
Program Date Completed 09-Jan-2023
For additional SWPPP Administrators please submit Attachment
Section E — Site Description (Part 3.3)
1. Describe the nature of the construction activity and what is being constructed:
The Aspen Creek West - Phase I development project consists of development of about 15-acres of vacant
property creating a new residential single-family subdivision consisting of 44-lots. The new subdivision is
located between Three Mile Drive and Triple Creek Dr. in Kalispell, MT.
2. Describe all support activities (and their associated storm water discharges) dedicated to the construction
activity including but not limited to: • material borrow areas a material fill areas a access roads/corridors
• concrete or asphalt batch plants a material storage areas, and a material crushing/recycling /processing
areas: Fill material from a commercial source will be used if needed. Concrete or asphalt batch plants: Not
Applicable (N/A) ; Concrete or asphalt batch plants are not part of the project plan. Equipment & Material
Staging Areas: Equipment/material staging will be located on the west side of the site. Access
Roads/Corridors: There are three main access point to the site via Westland Dr. and two off of Triple Creek
Dr. Material Crushing/Recycling/Processing Areas: N/A; Material crushing/recycling/processing areas are
not part of the project plan.
3. Provide estimates of the total area of the site and the area of the site expected to undergo construction -related
disturbance including support activities and the total area of a larger common plan of development or sale.
Disturbance area cannot be greater than total site area.
Total Site Area 20.000 acres Construction -Related Disturbance Area 15.000 acres
4. Describe the character and erodibility of soil(s) and other earth material to be disturbed at the site, including
cut/fill material to be used: Three soil types are present on -site: Kza (Kalispell-Tuffit silt loams),Ta (Tally
Blanchard, and Flathead soils 0-3 percent slopes) and Tc (Tally Blanchard, and Flathead soils 3-7 percent
slopes) according to the NRCS Web Soil Survey. These soils consist of primarily a loamy sand to silt loam
with a mixture of clays and sands. Erosion factor k, rock free rating was 0.37 for Kza soils and 0.15 for Ta
and Tc soils. The erodibility factor T, which is an estimate of maximum average annual rate of soil erosion
5/30/2024
Page 8 of 20
measured in tons per acre per year, ranges from I (least susceptible) to 5 (most susceptible). The on -site soils
are rated at a 5. Borrow and fill material will be processed on -site and/or from a commercial source if
needed.
Section E — Site Description (continued)
5. Briefly describe existing vegetation at the site and an estimate of the percent density of vegetative ground
cover:
The existing vegetation is primarily a smooth brome grass species.
Percent Density of Existing Vegetation: 80.00 %
6. Is the area of construction -related disturbance (as listed in 3, above) equal or greater to five acres?
Yes Complete a and b No Go to 7
a. Provide an estimate of the runoff coefficient of the site, both before and after construction, and the
source of information:
Runoff coefficient before construction 0.20 Runoff coefficient after construction 0.60
Information Source: MDEQ Circular 8
b. Provide an estimate of the increase in impervious area after the construction activity is completed.
Percent increase in impervious area 70.00 %
7.Outfall Table
For each outfall, list latitude and longitude in the decimal degrees (00.0000;-000.0000), the name of the
receiving water, and indicate if the water body is impaired. This information should match the NOI. Also
indicate whether outfall discharges to a municipal storm sewer system (MS4), the drainage area associated
with the outfall, and the type of flow. Attach a separate sheet for additional outfalls. Definitions of terms are
provided below:
•Outfall— a discrete channel, conveyance, structure, or flow path from which storm water discharge
leaves the boundary of the facility or site.
•Sheet flow— runoff which flows over the ground as a thin, even layer, not concentrated in a channel.
•Concentrated flow— runoff confined to a channel with greater velocity and flow depth than sheet flow.
Outfall
Latitude
Longitude
Receiving Surface
Impaired
Discharge
Drainage
Type of Flow
Waters
Receiving
to MS4
Area
Water
001
48.2100607
-114.356911
SPRING CREEK
Yes
Yes
Sheet
002
48.2083769
-114.357111
SPRING CREEK
Yes
Yes
Sheet
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Section F — Potential Pollutant Sources (Part 3.4)
1. Select the pollutant sources expected to be present at the construction project
Soils
0 Areas of Shallow Grade (3:1 or less)
0 Areas of Steep Grade (3:1 or greater)
0 Slopes
0 Ditch
0 Stockpiles
❑ Contaminated Soils
0 Import and Export Operations
Z Entrance / Exit Locations
❑ Other
Materials
• Loading and Unloading Operations
• Storage of building materials
❑ Storage of chemicals
Z Portable Toilets
❑ Concrete Batch Plant
❑ Asphalt Batch Plant
Z Worker Trash
❑ Demolition Materials / Debris
❑ Other
Activities
Z Concrete Truck Washout
❑ Masonry - Stone / Brick / Concrete
❑ Spray / Wand Applications
❑ Finish Work — Dry wall / Painting
❑ Equipment Washing
❑ Washing of Buildings
❑ Maintenance of Equipment
❑ Refueling Operations
❑ Application of herbicides, pesticides, fertilizers
❑ Application of solvents or detergents
❑ Construction Dewatering
❑ Other
2. Additional Pollutant Sources
List any additional pollutant sources likely to be present at the construction project:
5/30/2024
ie 10 of 20
If additional pollutants are identified, they will be added to the SWPPP.
3. Non -Storm Water Discharges
Select the types of allowable non -storm water discharges likely to be present at the construction project.
Type of Allowable Non -Storm Water Discharge
Present at Construction Project
Irrigation Drainage
No
Landscape Watering
No
Pavement Wash Waters
No
Routine Building Wash Down
No
Uncontaminated spring or ground water
No
Water used for dust control
Yes
Emergency fire -fighting activities
No
Foundation or footing drains
No
Incidental windblown mist from cooling towers
No
Uncontaminated condensate from air conditioners, coolers, or other
compressors
No
Other (list)
No
5/30/2024
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Section G — Selection of Best Management Practices (BMPs) (Part 3.5)
1. Select the BMPs to be used during the construction project.
All selected BMPs are required to have a specification provided in the SWPPP. The specifications are
required to be maintained by the SWPPP Administrator(s) on -site and provided upon request
Erosion Control BMPs
Z Surface Roughening
❑ Diversion Ditches
❑ Velocity Checks / Check Dams
* Preservation of Existing Vegetation
* Minimizing Ground Disturbance
❑ Mulch — Straw / Compost
❑ Tackifiers / Soil Binders
❑ Temporary Seeding
❑ Erosion Control Blankets
❑ Rough Cut Street Controls / Water Bars
❑ Channel Liner
❑ Stream Crossing
❑ Terracing
❑ Culvert
Z Outfall / Outlet Protection (Rip Rap)
❑ Other
Run On / Runoff Control BMPs
❑ Temporary Slope Drain
❑ Rock Run Down
❑ Clean Water Diversion
❑ Drainage Swales
❑� Other
(list): None
5/30/2024
1 G OT GU
Sediment Control BMPs
❑ Silt Fence
❑ Straw Wattles
❑ Rock Wattles / Rock Socks
❑ Curb Socks
❑ Straw Bales
❑ Earthen Berms
Z Vegetative Buffers
❑ Drainage Ditch / Ditch Berm
❑ Gravel Pack
❑ Tarps/ Plastic/ Visqueen
❑ Compost Socks
❑ Brush Barrier
❑ Sandbag Barrier
Z Inlet Protection
Z Vehicle Tracking Control Pad
Z Stabilized Vehicle Entrance
• Stabilized Parking Area
• Stabilized Construction Roadway
• Street Sweeping
❑ Sediment Trap
❑ Sediment Basin
❑ Other
Administrative Control BMPs
Z Concrete and Liquid Waste Washouts
Z Worker Toilets
❑ Construction Fencing
Z Dust Control
• Dumpsters / Waste Receptacles
• Stabilized Staging Area
• Material Storage and Stockpile Area
❑ Paving and Painting Controls
❑ Saw Cutting and Grinding Controls
Z Spill Prevention and Response Procedures/ Secondary Containment
❑ Traffic Control
❑ Back Charging / Penalties
❑ Other
5/30/2024
Page 13 of 20
Post Construction BMPs
Z Detention Pond(s)
❑ Retention Pond(s)
❑ Drainage Swales
❑ Infiltration System(s)
❑ Dry Well(s)
❑ Other
2. Additional BMPs
List any additional BMPs likely to be used at the construction project: BMP specifications are included in
Audit Ready Binder.
3. BMP Specifications
Provide the source (e.g. website link, name of manual) of specifications for each BMP selected (excluding
those with an *). Specifications may include design, installation, implementation, and maintenance
procedures and may or may not contain a drawing: Montana Department of Environmental Quality
Stormwater Management During Construction Field Guide for Best Management Practices
Per Part 3.5, specifications need to be maintained on -site, but do not need to be submitted with the SWPPP.
Section H — Water Quality Controls for Discharges to Impaired Water Bodies (Part 2.2)
1. Are any of the waterbodies impaired for potential pollutants from construction activities associated
this project? (Typical pollutants from construction activities include sediment, suspended solids and
turbidity, and any secondary sources of pollutants based on materials and support activities.) Yes
Yes Continue with next question. No Go to Section I
2. Describe BMPs that will target and reduce discharges of the identified pollutants of impairment
expected present based on the construction activities specific to this project. Include any applicable
TMDL condition, goal, requirement, implementation intent, or specific controls or requirements as directed
by DEQ.
Spring Creek runs along the northern project boundary line. According to the Montana Clean Water Act
Information Center (CWAIC), the river is impaired for metals, nutrients, and oxygen depletion. flow regime
modification, physical substrate habitat alterations, alteration in stream -side or littoral vegetative covers
The SWPPP intends to prevent the discharge of silt laden soils from the property and altering the stream side
vegetation or banks by utilizing existing vegetative/riparian area buffers, preserving existing vegetation,
inlet protection (witches' hats) and properly installed silt fence.
Section I — Municipal Separate Storm Sewer Systems (MS4s)
1. Is this construction project located within a MS4? Yes
Yes Continue to next question No Go to Section J
2. Describe the MS4's local erosion and sediment control requirements.
Submit City of Kalispell Stormwater Management Permit per the Kalispell MS4 re
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Page 14 of 20
3. Have you updated the SWPPP to include all additional requirements specific to your MS4? Yes
Section J — Dewatering Activities (Part 3.6)
1. Will there be any dewatering activity (including surface water, ground water, or accumulated storm water)
associated with the construction project? No
Yes Continue with next question No Go to Section K
2. Describe dewatering activities associated with the construction project.
3. Identify BMPs used to control dewatering activities.
4. Will dewatering discharge reach or have the potential to reach state waters?
If yes, separate authorization under the Construction Dewatering General Permit is required.
Construction Dewatering General Permit authorization number: MTG07
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Section K— Major Construction Activity and BMP Phasing (continued)
List the major construction activities identified in the table above and provide an estimated timeframe for each
major construction activity. For each major construction activity, identify the construction related tasks that will
occur during the proposed major construction activity.
Section L — Final Stabilization (Part 3.8)
Identify the BMPs that will be used to achieve final stabilization. In the description, include seed mix selection
and application methods, soil preparation and amendments, soil stabilization practices, and any temporary BMPs.
All disturbed areas shall be amended with topsoil and seeded with native grass seed mix. On slopes steeper than
3:1 dozer tracks and erosion control blankets may need to be utilized.
Section M— Post -Construction Storm Water Management (Part 3.9)
Identify BMPs that will be used to control storm water discharges that will occur after the major construction
activities are complete. Include a description of applicable local requirements.
The installed inlets, catch basins, storm drain lines and stormwater pond shall be final BMP's for the site.
Section N — Site Map (Part 3.10)
Develop SWPPP site maps and plans and submit them with the SWPPP. The site maps must be legible, of
sufficient size and scale, and include all of the requirements in Part 3.10 of the General Permit. Multiple site
maps or plans are highly encouraged.
Section O — Inspection and BMP Maintenance Procedures (Part 3.11)
1. Select the self -inspection schedule for the construction project:
❑ Once every 7 calendar days
0 Once every 14 calendar days, and a post -storm event inspection within 24 hours of the end of a
rainfall event of 0.25 inches or greater, and/or within 24 hours of runoff from snowmelt.
2. How will rainfall amount be determined?
❑ Rain gage on site
0 Weather service (list source) Glacier International Airport
3. Describe the inspection and maintenance procedures that will be used to maintain all erosion, sediment
control, and other BMPs in good and effective operating condition. SWPPP alterations will be implemented
as the project progresses, and can be triggered by: 1) changes in site design and/or operation, and/or 2)
inadequacy of BMP function noted by inspector or Department during inspections, per Part 3.12 of the
General Permit.
4. How will updates and revisions to the SWPPP be documented? (Part 3.12)
❑ Form SWPPP and SWPPP site maps
* Inspection records and SWPPP site maps
❑ Site log and SWPPP site maps
5. Will any post construction BMPs be used during major construction activities? Yes
Yes Continue with next question No Go to Section P
6. Explain how post construction BMPs will be maintained and transitioned from active construction to post
construction.
5/30/2024
16 OT GU
The stormwater pond shall be removed of sediment and debris prior to seeding
Section P — Supplemental Information
Use this space to identify additional information that is to be included in the SWPPP.
5/30/2024
Page 19 of 20
Section Q - Certification
This form must be signed by an individual with signatory authority or a duly authorized representative of the
signatory (designated in the NOI or Attachment A) per ARM 17.30.1323,
A signatory authority is defined as:
• For a corporation, a responsible corporate officer. A responsible corporate officer means:
o A president, secretary, treasurer, or vice-president of the corporation in charge of a principal business
function, or any other person who performs similar policy- or decision -making functions for the
corporation; or
o The manager of one or more manufacturing, production, or operating facilities employing more than
250 persons or having gross annual sales or expenditures exceeding $25 million (in second-quarter
1980 dollars), if authority to sign documents has been assigned or delegated to the manager in
accordance with corporate procedures.
• For a partnership or sole proprietorship, a general partner or the proprietor, respectively.
• For a municipality, state, federal, or other public agency, either a principal executive officer or ranking
elected official. A principal executive officer of a federal agency includes:
o The chief executive officer of the agency; or
o A senior executive officer having responsibility for the overall operations of a principal geographic
unit of the agency
A person is a duly authorized representative if:
• Authorization is made in writing by an individual with signatory authority;
o The authorization specifies either an individual or a position having responsibility for the overall
operation of the regulated facility or activity such as the position of plant manager, operator of a well
or a well field, superintendent, position of equivalent responsibility, or an individual or position
having overall responsibility for environmental matters for the company (A duly authorized
representative may be either a named individual or any individual occupying a named position.)
• The written authorization is submitted to the department.
Any Person Signing this Document Must Complete the Following Certification:
I certify under penalty of law that this document and all attachments were prepared under my direction or
supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate
the information submitted. Based on my inquiry of the persons who manage the system, or those persons
directly responsible for gathering the information, the information submitted is, to the best of my knowledge and
belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false
information; including the possibility of fine and imprisonment for knowing violations. [75-5-633, MCA]
A. Name (Type or Print)
B. Title (Type or Print)
C. Phone No.
D. Signature
E. Date Signed
The Department will not process this form until all of the requested information is supplied, and the appropriate fees
are paid. Applications may be submitted via DEQ's online permitting system FACTS or mailed to the following address:
Montana Department of Environmental Quality
Water Protection Bureau
PO Box 200901
Helena, MT 59620-0901
(406) 444-5546
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS OF
ASPEN CREEK WEST
THIS DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS is made this
day of , 2025, by 520 Three Mile Drive Associates, LLC, a Montana limited liability
company, (hereafter referred to as the "Declarant").
WITNESSETH:
WHEREAS, Declarant is the owner of the real property known as Aspen Creek West Subdivision
(the "Subdivision"), legally described on Exhibit "A" attached hereto and as depicted on the Plat Map
as defined below (hereafter referred to as the "Property"), and hereby subjects the Property to the
covenants, conditions and restrictions (hereafter referred to as the "Declaration") set forth in this
document, each and all of which is intended for the benefit of the Property and for each Owner in the
Property. This Declaration shall inure to the benefit of and pass with the Property and each Lot (as
defined below) in the Subdivision, and shall apply to all Owners (as defined below) and their successors
in title;
NOW THEREFORE, Declarant having established a general plan for the improvement and
development of the Property, does hereby establish this Declaration upon which and subject to which all
Lots and portions of Lots within said Property shall be improved or sold, and does hereby declare that
the Property is and shall be held, transferred, sold and conveyed subject to the covenants hereinafter set
forth, all of which shall run with the land and will be binding upon all successors in title of Declarant.
Article L• Definitions
Section 1. "Association" shall mean and refer to Aspen Creek West Homeowners Association,
which shall be created to administer the Property subject to this Declaration and the Bylaws of the
Association, and shall continue to administer said Property.
Section 2. `Bylaws" shall mean the Bylaws of the Association; as such Bylaws may be amended
from time to time.
Section 3. "Common Area" and "Common Areas" shall mean and refer all real property owned
by the Association for the common use and enjoyment of the Owners. The Common Areas of the
Subdivision shall mean all Open Space, Parks, Trails, Wetland and Storm Drainage Pond(s),all as shown
on the Plat Map (hereinafter defined). Unless the context clearly indicates a contrary intent, any reference
herein to the "Common Areas" shall also include any Common Facilities located thereon.
Section 4. "Common Facilities" shall mean the trees, hedges, plantings, lawns, shrubs,
landscaping, fences, utilities, berms, pipes, lines, lighting fixtures, buildings, structures and other
facilities constructed or installed, or to be constructed or installed, or currently located within the
Common Area and owned by the Association.
Section 5. "Dwelling Unit" shall mean and refer to any building or portion thereof providing
complete independent and permanent living facilities for one family.
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS OF ASPEN CREEK ESTATES
Draft — 7/31/25 Page I
Section 6. "Family" shall mean and refer to a natural person and his or her spouse, children,
grandchildren, brothers, sisters, parents, or significant other.
Section 7. "Lot" shall mean and refer to any parcel of real property designated by a number or
number/letter combination on the Plat Map, excluding the Common Area. When appropriate within the
context of this Declaration, the term "Lot" shall also include the structure and other improvements
constructed on a Lot.
Section 8. "Owner "shall mean and refer to the record owner, whether one or more persons or
entities, of any Lot which is a part of the Property, including buyers under a contract for deed, but
excluding those having such interest merely as security for the performance of an obligation. In the
event an Owner is a corporation or other entity other than a natural person, the Owner shall designate
one (1) natural person in each calendar year, who, together with his or her family, shall be the sole
occupant of the Lot and any Dwelling Unit constructed on the Lot during that calendar year.
Section 9. "Plat Map" shall mean and refer to that certain Plat of Aspen Creek West Subdivision
— Phase I, recorded under Reception No. , records of Flathead
County, Montana, and any future phases of Aspen Creek West shall be annexed to the Subdivision by
recordation of an additional Plat Map as approved by the City of Kalispell.
Section 10. "Property" shall mean and refer to that certain property described above and on
Exhibit "A" as Phase I, as may be amended by annexation of the Remainder Land described on Exhibit
"A" ("Remainder Land") as a future phase of the Subdivision.
Section 11. "Townhouse Lot" shall mean and refer to those certain Lots identified with an "A",
"B", or "C" following the Lot number on the Plat Map.
Section 12. "Utility Easements" shall mean and refer to those certain easement areas as defined
on the Plat Map.
Article IL• Homeowner's Association
Section 1. Membership.
The Association shall be formed to provide for the maintenance, repair and construction of
facilities common to all Lot Owners including, but not limited to Open Space, Parks, Trails, Wetland
and Storm Drainage Pond(s) located in the Common Areas.
Every person or entity who is a record Owner of any Lot, including buyers under a contract for
deed, shall be a member of the Association. The foregoing is not intended to include persons or entities
that hold an interest merely as security for the performance of an obligation. Membership shall be
appurtenant to and may not be separated from ownership of the Lot. Ownership of such Lot shall be the
sole qualification for membership.
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS OF ASPEN CREEK ESTATES
Draft — 7/31/25 Page 2
Section 2. Property Rights in Common Area.
(a) Fee Title in Association. Declarant shall convey fee simple title to the Common Areas
of the Subdivision to the Association, free of all encumbrances and liens, with the exception of current
real property taxes (which shall be prorated as of the date of such conveyance) and any easements,
conditions and reservations then of record, including those set forth in this Declaration. Such
conveyance to the Association shall be made prior to, or concurrently with, the first transfer or deed
conveyance of a completed Dwelling Unit in the Subdivision to an individual Owner.
(b) Rights of Owners in Common Areas. The interest of each Lot Owner in and to the use
and benefit of the Common Area and the Common Facilities of the Subdivision shall be appurtenant to
the Lot owned by the Owner and shall not be sold, conveyed or otherwise transferred by the Owner
separately from the ownership interest in the Lot. Any sale, transfer or conveyance of such Lot shall
transfer the appurtenant right to use and enjoy the Common Area and Common Facilities subject to the
terms of this Declaration.
(c) Utility Easements. The Utility Easements as shown on the Plat Map are for the use and
benefit of the adjacent Lots. The easement rights granted herein shall be appurtenant to the Lot owned
by the Owner and shall not be sold, conveyed or otherwise transferred by the Owner separately from the
ownership interest in the Lot. Any sale, transfer or conveyance of such Lot shall transfer the appurtenant
right to benefit from the Utility Easements subject to the terms of this Declaration.
Section 3. Period of Declarant Control.
The Association shall be controlled by Declarant until such time as Declarant has sold all Lots
in the Subdivision. Alternatively, Declarant may turn control of the Association over to the Members at
any time prior to selling all Lots if Declarant so desires. Declarant may also assign Declarant rights and
obligations to any person or entity acquiring some or all of Declarant's interest in the Property pursuant
to a written assignment or similar document recorded in the Flathead County public records. During the
Period of Declarant Control, Declarant may make and record any additions or changes to this Declaration
as Declarant deems desirable, including but not limited to annexation of the Remainder Land to the
Subdivision.
Article III: Voting
All members shall be entitled to one (1) vote for each Lot in which they hold the interest required
for membership. When more than one person holds such interest in any Lot, the vote for such Lot shall
be exercised as such persons among themselves determine, but in no event shall more than one (1) vote
be cast with respect to any Lot.
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS OF ASPEN CREEK ESTATES
Draft —7/3I/25 Page 3
Article IV: Assessments
Section 1. Creation of Personal and Lien Obligations.
The Owner of any Lot by acceptance of a deed or contract for purchase of any Lot within the
Property, whether or not it shall be so expressed in said deed or contract, is deemed to covenant and
agree to be a member of and subject to the assessments ("Assessment or Assessments") and duly
enacted By -Laws and other rules of the Association. All Assessments, together with interest (at a rate
not to exceed the highest rate allowed by Montana law) as computed from the date the delinquency first
occurs, late charges, costs, and reasonable attorney's fees, shall be a charge on the land and shall be a
continuing lien upon the Lot against which each Assessment is made, and the Association may file and/or
record a lien against any Lot(s) for which there is a delinquency for amounts owed for Assessment(s)
against any Lot(s) or owed by the Owner(s) of any Lot(s). Each such Assessment, together with interest,
late charges, costs, and reasonable attorney's fees, shall also be the personal obligation of the person
who was the Owner of such Lot at the time the Assessment arose, and his or her successors in interest
shall be jointly and severally liable for such portion thereof as may be due and payable at the time of
conveyance.
Section 2. Purpose of Assessments.
The Assessments levied by the Association shall be used exclusively for the benefit of the
Association, for purposes including but not limited to the following:
Underground utilities maintenance as required; except that individual Lot Owners shall be
responsible for maintenance of underground utilities installed by them.
b. Incidental expenses incurred by the Association such as legal fees, stationary, stamps,
mailing costs, etc.
Upkeep, maintenance and conservation of all Common Areas, including, but not limited to,
the eradication and control of noxious weeds.
Section 3. Uniform Rate of Assessments.
Both annual and special Assessments for all Lots shall be assessed on an annual basis. Both
annual and special assessments must be a fixed uniform rate for each Lot regardless of size or use. Each
Lot shall be assessed an equal, pro-rata share of any special assessment.
Section 4. Assessments.
Assessments shall be annual or special. Both the annual and the special (if any) assessments
shall be fixed periodically by the Board of Directors of the Association in accordance with an annual
budget as approved by the Declarant or Board. The Assessments shall be assessed on a calendar year
basis, from January 1st through December 3lst each year. The Assessments for any year shall become
due and payable monthly, quarterly, annually and/or in advance, at the discretion of the Board of
Directors of the Association and in accordance with the Bylaws. The Board shall fix the amount of the
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS OF ASPEN CREEK ESTATES
Draft —7/3I/25 Page 4
Assessment against each Dwelling Unit and/or Lot for each Assessment period at least sixty (60) days
in advance of the due date specified herein. The Board shall at the at time, prepare a roster of the Lots
and Assessments applicable thereto, which shall be kept in the office of the Association and shall be
open to inspection by any Owner. Written notice of the Assessment shall be provided to every Owner
at least thirty (30) days in advance of the Assessment due date.
Section 5. Commencement of Assessments.
The Assessments provided for herein shall commence on each Lot upon the sale closing date of
a Lot with a completed Dwelling Unit, sold to the homebuying public. There shall be no Assessments
owed for any Lot owned by Declarant until Declarant sells such Lot to the homebuying public. Upon
sale by Declarant, the purchaser of a Lot with a Dwelling Unit shall owe a pro rata share of the annual
Assessment that have been assessed for the calendar year in which the purchase takes place.
Section 6. Nonpayment of Assessment.
Any Assessments or installment payments on Assessments, which are not paid when due shall
be delinquent. If not paid within thirty (30) days after the due date, the amount shall bear interest from
the date of delinquency at the rate of TWELVE percent (12%), per annum. The Association may bring
an action at law to recover delinquent Assessments, accrued interest, costs and expenses in connection
with bringing a legal suit, including reasonable attorney fees, and may bring equitable actions to
foreclose Assessment liens against Lots.
Section 7. Common Area Maintenance Prior to Commencement of Assessments.
In the event Declarant sells a portion of the Subdivision to a builder, during the period that is
prior to the commencement of Assessments as described herein, all Common Area maintenance shall be
performed by Declarant and said maintenance costs shall be shared between Declarant and any other
Owner in accordance with the prorated amount of land owned by each Owner.
Article V: Protective Covenants
The following Protective Covenants are designed to provide a uniform plan for the development
of the Property and to ensure the best use and the most appropriate development and improvement of
said Property; to protect the Owners of the Property against such improper use of the Property as will
depreciate its value; to preserve, so far as is practical, the natural beauty of said Property; to guard against
the erection thereon of structures built of improper or unsuitable material; to insure the highest and best
development of said Property; to encourage and secure the erection of attractive homes thereon; to secure
and maintain Property setbacks from roads and adequate free space between structures, and, in general
to encourage the development of said Property for country residential living and thereby to enhance the
value of parcels of land and improvements made thereon by purchasers of said land. All construction
and development must comply with all terms and conditions contained on the Plat Map and as approved
by the City of Kalispell.
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS OF ASPEN CREEK ESTATES
Draft — 7/31/25 Page 5
Section 1. Architectural Review Committee.
The "Architectural Review Committee" (the "ARC") shall consist of the Board of Directors of
the Association, or a special "Architectural Review Committee" of at least three (3) or more persons
appointed by the Board, at least one of who must be a member of the Association.
Section 2. Architectural Control.
All Owners intending to construct any type of structure whatsoever upon any Lot shall first
submit their plans and specifications, in writing, to the ARC. No structure, including but not limited to
a fence or gate, shall be erected, placed, or altered on any Lot until the construction plans and
specifications along with the proposed site thereof have been approved in writing by the ARC as to the
quality of workmanship and materials, harmony of external design with existing structures, and location
of the structure with respect to topography and finish grade elevation.
The complete Design Review Guidelines (the "Guidelines") are attached hereto as Exhibit "B"
and are incorporated herein as additional Protective Covenants by this reference.
As provided within the Guidelines, approval or disapproval by the ARC must be in writing. In
the event the ARC fails to act within thirty (30) days after the proposed plans and specifications of any
structure have been submitted, in writing, the pertinent provisions of this Declaration shall be deemed to
have been fully complied with.
Section 3. Land Use.
A Lot shall only be used for a single family or townhouse dwelling, and no business, trade, or
manufacture shall be conducted thereon, except for home occupations of a professional nature that do
not increase traffic, noise or create a public nuisance.
Section 4. Subdivision of Property.
No Lot within Aspen Creek West may be further divided or subdivided, or any fractional portion
thereof sold or conveyed to be held in divided ownership. However, this shall not prohibit property line
adjustments or mergers between adjacent Lots, subject to approval by the City of Kalispell.
Notwithstanding these conditions, after completion of construction on the Townhouse Lots, the A, B, or
C Townhouse Lots may be conveyed individually.
Section 5. Declarant's Reservations.
Declarant, or its successor or assigns, hereby reserves the right to use the roadways within the
Property for ingress and egress as required to complete the development of the Subdivision. Declarant,
or any successor owner of the Remainder Land, also reserves the right to annex the Remainder Land to
the Subdivision, and add additional Lots into the Association at any time. Any successor to Declarant
agrees to cooperate with execution of all documentation as may be necessary to complete the annexation
of the Remainder Land into the Subdivision.
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS OF ASPEN CREEK ESTATES
Draft — 7/31/25 Page 6
Section 6. Leasing of Dwelling Units and Lots.
(a) Definition. "Leasing" or "Renting" for purposes of this Declaration, is defined as regular,
exclusive occupancy of a Dwelling Unit or Lot by any person or persons other than the Owner for which
the Owner receives any value, consideration or benefit, including but not limited to a fee, service,
gratuity, emolument, or consideration of any kind.
(b) Dwelling Units and Lots may be rented only in their entirety and to one family only; no
fraction or portion thereof may be rented. All leases shall be in writing. No Dwelling Unit or Lot may
be leased for less than one month.
Section 7. Building Type.
(a) No residential building shall be erected, altered, placed or permitted to remain on any Lot
other than single family dwellings on single family lots and townhouses on the Townhouse Lots.
(b) All structures shall be constructed of new materials in place on the Lot. However, suitable
used materials such as used brick or beams may be utilized provided that advance approval has been
obtained from the ARC as herein provided. No structures may be moved onto or relocated on the
property. The ARC may, in its sole discretion and on a case by case basis, allow the use of portions of
structures that have been newly constructed off site.
(c) All primary structures shall have permanent foundations.
(d) No house trailer, modular home, mobile home or tent, or any other prefabricated structure
designed to be hauled or moved on wheels, shall be maintained on any Lot.
(e) No structure shall have an exterior surface of tarpaper, vinyl siding, metal or cinder block,
except that asphalt shingles and colored metal may be used as roofing materials.
(f) Chimney design and construction for each dwelling shall be such that it provides for and
contains a spark arresting device.
(g) The exterior of a construction must be completed within twelve (12) months after
commencement thereof.
(h) All house numbers will be visible from the road either at the driveway entrance or on the
house.
(i) No renovations, remodeling, or alterations in the exterior, roofing, or configuration of an
existing structure shall be commenced until plans for such changes have been approved in writing by the
ARC.
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS OF ASPEN CREEK ESTATES
Draft — 7/31/25 Page 7
Section 8. Building Size of Dwellings.
The ground floor of finished living area of the main structure, exclusive of open porches,
basements and garages, shall be not less than 708 square feet for single family homes and 523 square
feet for each side of a townhouse. The total square footage for all above ground floor levels must be at
least 1,395 square feet for single family homes and 1,000 square feet for each side of a townhouse.
Section 9. Setback Lines.
Setbacks for structures shall be measured from the eaves of the buildings, and shall be as follows
(with the exception of the zero lot line required to achieve the townhouse configuration):
Single Family
Front Yard:
15 Feet
Side Yard:
5 Feet
Rear Yard:
10 Feet
Side Corner:
15 Feet
Townhouse Lots
Front Yard: 15 Feet
Side Yard: 5 Feet
Rear Yard: 10 Feet
Side Corner: 15 Feed
Setbacks for townhouses accessed via an interior street shall be measured from the edge of the
roadway.
Adjacent to the asphalt street and part of the City of Kalispell public right of way are a nine (9)
foot boulevard and the sidewalk along each Lot boundary line. Each Owner shall be responsible for
maintenance of both the nine foot landscape boulevards and sidewalk adjacent to their respective Lot.
Section 10. Fences.
Fences (including gates) will be permitted to provide privacy or safety for a play area, patio, or
pool. No fence shall exceed 6 feet in height, and must comply with all rules and regulations of the City
of Kalispell. No fence or gate of any kind, whether for privacy, safety or boundary purposes, shall be
constructed on a Lot until after the height, type, design and approximate location thereof shall first have
been approved by the ARC in writing. All fences and gates are to be of white 6 foot vinyl material,
except for ornamental metal gates that have been approved by the ARC in writing. However, security
gates and fencing can be utilized only during a period of construction of a residence and may be excepted
during the period of construction for a period not to exceed 1 year, if first approved by the ARC.
Section 11. Trees.
The ARC must approve the cutting down of trees greater than four (4) inches in diameter, with the
exception of clearing for a building site or driveway, improving timber growth, enhancing building site
views, and to control fire danger.
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS OF ASPEN CREEK ESTATES
Draft — 7/31/25 Page 8
Section 12. Sewage.
No individual sewage disposal system shall be permitted on any Lot.
Section 13. Garbage.
All garbage cans used in connection with any dwelling erected upon the above -described
premises shall either placed in an enclosure completely screened from view, or if the dwelling has a
garage rather than a carport, the garbage may be kept in the garage. No garbage cans shall be maintained
which are not of a suitable type and which do not have a cover sufficient to prevent the escape of any
noxious odors from such cans. Proper prevention must be taken to keep bears, dogs and other animals
from feeding from garbage cans.
Section 14. Refuse.
No part of the property shall be used or maintained as dumping ground for rubbish, trash,
garbage, unused automobiles or other wastes of an unsightly nature. No hazardous waste of any kind
shall be dumped or stored on any Lot.
Section 15. Vehicles.
No mobile homes, trucks exceeding 2 1/2 tons in capacity, trailers, or unsightly vehicles shall at
any time be parked or allowed to remain on any of said Lots or along roadways. Camper trailers, RV's,
pickup trucks carrying campers, campers for pickup trucks not in use, boats and boat trailers and motor
homes will be permitted only if stored in a garage or stored so as not to be an eyesore.
Section 16. Wildlife.
It is the intention of the Declarant to protect and encourage the abundant wildlife that exists in
the area and to encourage co -existence of man and animals, so to that end no hunting or trapping will be
allowed on any of the Property.
Section 17. Nuisances.
No noxious or offensive activity shall be carried on or permitted upon any of the Property, nor
shall anything be done thereon which may be or may become an annoyance or nuisance to the
neighborhood; nor shall the premises be used in any way or for any purpose which may endanger the
health or safety of or unreasonably disturb the residents of any Lot. Outdoor barbecues are not
considered nuisances under this Section.
Section 18. Pets, Animals, and Livestock.
Dogs, cats or other household pets are permitted, provided that they are not kept, bred or
maintained for any commercial purpose. All dogs must be leashed or fenced in, and not allowed to
create a disturbance or threat. No horses, livestock or other animals may be kept on any Lot.
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS OF ASPEN CREEK ESTATES
Draft — 7/31/25 Page 9
Section 19. Utilities.
Underground utilities are provided along roadways. The Owner of each Lot shall pay all utility
connecting costs from their structure to the main utility lines.
Section 20. Water System.
Each Lot Owner shall pay all costs of connecting to the municipal water mains that are installed
along the roadways, and shall pay the costs of connecting water lines from their structure to the main
water line.
Section 21. Homeowner's Parks.
The Common Areas are for the use and enjoyment of all Owners, and all Owners have the right
to the concurrent peaceful and quiet enjoyment thereof. No Owner or their guests shall make such noise
or commotion within those areas to create a nuisance. There shall be no storage allowed by any
individual Owner within those areas, nor may any garbage or refuse left there.
Article VI: Enforcement
Section 1. Interested Parties.
The Association or any Owner shall have the option and right to enforce, by any proceeding at
law or in equity, all restrictions, conditions, covenants, reservations and charges now or hereafter
imposed by the provisions of the Declaration. The method of enforcement may include proceedings to
foreclose assessment liens, proceedings to enjoin violations, proceedings to recover damages, or any
combination of proceedings. Failure by the Association or by any Owner to enforce any such provision
shall in no event be deemed a waiver of the right to do so thereafter. The prevailing party shall be entitled
to recover its costs and expenses in connection therewith, including reasonable attorneys fees.
Section 2. Severability.
Invalidation of any one of these covenants or restrictions by judgment or court order shall in no
way affect any other provision, which shall remain in full force and effect.
Article VIL• Term
The provisions of this Declaration shall be binding for a term of twenty (20) years from the date
of this Declaration, after which time the Declaration shall be automatically extended for successive
periods of ten (10) years unless amended pursuant to Article VIII herein.
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS OF ASPEN CREEK ESTATES
Draft — 7/31/25 Page 10
Article VIIL• Amendment and Annexation
After the Period of Declarant Control, this Declaration may be amended by a two-thirds (2/3)
vote of the membership and by recording an instrument signed by the President of the Association
certifying that the Owners of at least two-thirds (2/3) of the Lots have voted in favor of such amendment,
and with the approval of the City of Kalispell and/or Flathead Board of County Commissioners. During
the Period of Declarant Control, as approved by the City of Kalispell, Declarant shall have the right to
amend this Declaration to include the annexation of the Remainder Land into the Aspen Creek West
Subdivision and the Association.
Article XIX: Construction and Binding Effect
This Declaration shall be construed pursuant to the laws of the State of Montana and shall be
binding upon the heirs, successors and assigns of Declarant and all Owners. Time is of the essence in
complying with this Declaration. This Declaration should be broadly construed to accomplish their
intended purpose to promote a high -quality development in harmony with its surroundings and the
natural environment.
IN WITNESS WHEREOF, Declarant has executed this Declaration the day and year first
above written.
520 Three Mile Drive Associates, LLC,
a Montana limited liability company
By: VPDC 2015, LLC,
a Delaware limited liability company,
its manager
By:
Name:
Its:
[notary acknowledgment on following page]
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS OF ASPEN CREEK ESTATES
Draft — 7/31/25 Page II
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the
document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
STATE OF CALIFORNIA §
§
COUNTY OF §
On before me, , Notary Public, personally
appeared , who proved to me on the basis of satisfactory evidence to
be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that
he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on
the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is
true and correct.
WITNESS my hand and official seal.
Signature
Signature of Notary Public
(Seal)
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS OF ASPEN CREEK ESTATES
Draft — 7/31/25 Page 12
EXHIBIT "A"
Legal Description
Phase 1
[Phase I Plat Map description to follow upon City Council approval/Plat recording]
Remainder Land
[to follow from engineer]
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS OF ASPEN CREEK WEST
EXHIBIT `B"
DESIGN REVIEW GUIDELINES
ASPEN CREEK WEST
SECTION A — DESIGN REVIEW
The Architectural Review Committee (ARC) has been established to ensure that development in
ASPEN CREEK WEST conforms to these Design Review Guidelines (the "Guidelines"). The
ARC's objective is to encourage good stewardship of the land and sensitive architectural
expression that reflects high quality and attention to detail. The ARC is responsible for reviewing
and approving all development within ASPEN CREEK WEST, from concept to completion. This
includes, but is not limited to:
■ All new building & site development.
■ Any proposed revisions to previously approved plans, prior to or during construction.
■ Any renovation, expansion or refinishing of the exterior of a new structure.
■ Any proposed revisions to Building Envelopes (as defined below).
The ARC process has been designed to encourage dialogue with Owners and their design team
early in the evolution of their plans. The process is intended to be constructive, not adversarial or
unnecessarily restrictive. As Owner, you shall ensure that your development team complies with
the following general requirements and design review process to assure ASPEN CREEK WEST
of your commitment to respecting the community within which you are building.
The ARC reserves the right to amend these Guidelines, or to grant exceptions or variances to any
of these Guidelines if a special case can be demonstrated.
Your design documentation should be prepared by a qualified architect or residential designer,
with engineering input (geotechnical, structural, mechanical, civil...) as required.
SECTION B — SITE DEVELOPMENT GUIDELINES
It is the intent of these Guidelines to reinforce the City of Kalispell's Design and Construction
Standards and Kalispell Subdivision Regulations. Each project must incorporate Kalispell's
standards into its design.
B.1 THE BUILDING ENVELOPE
The Building Envelope is the portion of each lot within which all improvements must be built and
confined therein except for driveway locations approved by the ARC. A Building Envelope has
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS OF ASPEN CREEK WEST Exhibit `B"
Page 1
been identified for each lot based on the setbacks as noted in the Covenants, Conditions and
Restrictions.
B.2 GRADING AND SITING
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.
General siting and grading principles are as follows:
1. The finish grade around the residence and any site walls should remain as close as
possible to the original natural grade.
2. Grading may be done outside the allowable site coverage area for driveway access
and site drainage.
3. 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.
B.3 LANDSCAPE AND IRRIGATION
It is the intent of ASPEN CREEK WEST Design Guidelines to integrate, compliment and blend
in the landscape of each individual Building Envelope with the landscape of the community. The
community landscape maintains a proportional relationship of grass and turf areas to shrub areas
of the least 5:1. Each property owner's landscaping shall maintain a proportional relationship of
grass and turf areas to shrub areas of at least 5:1. Essentially, this means that, at a minimum,
approximately 1/6 of the landscape is allocated to shrub areas.
Drainage of individual properties must work with the existing topography and be directed toward
the natural open space or drainage Swale systems, developed in conjunction with the roadways.
All landscaping plans must be approved in advance by the ARC.
BA RIGHT OF WAY LANDSCAPING
Adjacent to the asphalt street and part of the City of Kalispell public right of way are a nine (9)
foot landscape boulevard, then the sidewalk, along each Lot boundary line. Each Owner shall be
responsible for maintenance of both the nine foot landscape boulevard and sidewalk adjacent to
their respective Lot. All landscaping plans or changes to landscaping in these right of way areas
must be approved in advance by the ARC.
B.5 FENCES
The side and rear yard fence shall be no more than six feet in height and extend from the rear
property corner to within 5 feet of the face of the residence or garage. All fencing must be white
vinyl material and approved in advance by the ARC.
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS OF ASPEN CREEK WEST Exhibit `B"
Page 2
B.6 DRAINAGE
Where construction and development will obstruct natural drainage patterns, surface runoff should
be carefully redirected to existing storm drains.
B.7 SWIMMING POOLS/SPAS
Owners can construct swimming pools or spas within the property's Building Envelope.
B.8 PETS
Dog runs and animal pens must be enclosed. To protect birds and wildlife, dogs must be
accompanied and on a leash at all times when outside the lot, except when accompanied by a lot
owner in the park area, subject to any rules and regulations that may be adopted by the
Homeowners Association.
B.9 TRASH CONTAINERS
All outdoor trash containers must be approved covered containers, and must be stored within the
Building Envelope.
B.10 EXTERIOR LIGHTING
Site lighting is defined as lighting mounted on the building, around trees or on site walls for the
purpose of providing security, decorative accent or functional lighting to outdoor spaces. Building
mounted lighting is defined as lighting built into or attached to buildings on walls, ceilings, eaves,
soffits, fascias. Street lighting is provided and should be considered in your exterior lighting plan.
The following guidelines for residential site lighting have been established.
Site lighting must be directed downward onto vegetation or prominent site features,
and may not be used to light wall or building elements. Up lighting more than 45
degrees above the horizontal is prohibited and lighting aimed between zero and 45
degrees above horizontal must be directed toward the interior of the lot upon which
it is located.
2. Building mounted lighting must be directed downward away from adjacent lots,
streets and open spaces, and may not be used to light walls or building elements for
decorative purposes. Ground lighting must be directed toward the interior of
building foot print and not onto other lots or open areas.
All exterior lighting must provide for significant shielding to ensure that light
sources and lamps are not visible from other properties, from roads or from off -site;
no bare lamps will be permitted. Recessed lights in exterior soffits, eaves, or
ceilings shall have the lamp recessed a minimum of 3" into the ceiling.
4. Only incandescent lamps with a maximum wattage of 75 watts will be allowed for
exterior lighting unless specific approval is received from the ARC. Low voltage
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS OF ASPEN CREEK WEST Exhibit `B"
Page 3
lighting is recommended since these fixtures are typically small and can be easily
concealed within the native vegetation. Colored lights will not be allowed for
exterior lighting.
No lighting will be permitted in setback areas or outside the areas enclosed by patio
or building walls. Site lighting must be confined to areas enclosed by walls or be
in the immediate vicinity of the main entrance or outdoor living spaces of the
residence.
6. Lights on motion detectors for the purpose of security illumination are prohibited
but may be allowed subject to specific approval or the ARC if the lights so activated
do not illuminate adjacent properties. If allowed by the ARC, these lights will only
be allowed to operate on a motion detector and stay lit for a maximum of 5
continuous minutes. Security lights of any type or location must still meet the
requirements of shielding the light sources, and the light sources may not be visible
from neighboring property. If problems with these lights occur, the ARC reserves
the right to demand that the fixtures be disconnected. Care must be taken to avoid
setting off the motion detector by the motion of vegetation. Generally the motion
detector's range should be limited to the Building Envelope area. These lights will
not be allowed to operate for the purpose of general illumination.
B.11 ENTRANCE DRIVEWAYS
Driveways shall be a maximum width of eighteen (18) feet and shall intersect the street preferably
at a right angle, but at a minimum angle of 70 degrees. The five foot area between the asphalt
street and sidewalk shall be of concrete only to provide uniformity along the street access. The
driveway finish (beginning beyond the sidewalk) shall be subject to ARC review and approval for
any material other than concrete. The ARC may, at its sole discretion, approve up to, but not
exceeding two (2) driveway entrances.
Per the City of Kalispell Construction Standards:
a. Where the driveway crosses the nine foot landscape boulevard and sidewalk,
these areas will be removed and replaced with 6" thick concrete on 6" gravel
base.
b. The sidewalk replaced shall meet the ADA standard, i.e. the cross -slope shall
not exceed 2%.
c. The front of the sidewalk at either edge of the new driveway shall be placed a
minimum of five (5) feet from the back of curb, except in areas where the
sidewalk exists against the back of curb.
2. The Owner or their representative is required to contact the City of Kalispell
Public Works Department for inspection of the sidewalk replacement and
driveway after the forms are placed and prior to installing concrete.
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS OF ASPEN CREEK WEST Exhibit `B"
Page 4
B.12 ADDRESS IDENTIFICATION
Individual address identification devices for each approved residence must be installed according
to the City of Kalispell standards. No monument signs are allowed.
SECTION C — BUILDING DESIGN GUIDELINES
The building design guidelines are to assist you in realizing an architectural solution that belongs
in Aspen Creek West. There will be a focus on strong roof form, wall, base and all elevation
images. These design principles will apply to all structures. Good design is also being a good
neighbor in the planning and architecture of your development. The building form and mass is to
respond and conform to the existing grade and site conditions.
C.1 DESIGN CHARACTER
These guidelines do not intend to dictate architectural style of design although all designs must be
of a character appropriate to the guideline.
The design character should create a residence that blends with its environment instead of standing
out against it. The design character of a residence should be considered uniformly from all sides,
not just the front or rear elevations, and all elevations should maintain the same visual integrity,
cohesiveness and design detail. Particular attention should be given to the transition from one
residence to another. Transition refers to aesthetic aspects as well as to the relationship of the
elevation of the respective floor levels and the comparative overall massing of the structures.
In order to create an intimate residential scale and not dominate the natural landscape, long,
unbroken walls and roofs should be avoided, and vertical and horizontal offsets need to be
included. To further reinforce this concern for scale, architectural forms shall be softened by the
inclusion of chimneys, balconies, bay windows, appropriate entrance treatments and other such
devices.
Contractors and lot owners can build the same plan on other lots provided they are at least three
lots apart. The exterior color scheme shall be different on each residence.
C.2 BUILDING SIZE
Building Size: The ground floor of finished living area of the main structure, exclusive of open
porches, basements and garages, shall be not less than 708 square feet for single family homes and
523 square feet for each side of a townhouse. The total square footage for all above ground floor
levels must be at least 1,395 square feet for single- family homes and 1,000 square feet for each
side of a townhouse.
C.3 EXTERIOR DESIGN
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
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS OF ASPEN CREEK WEST Exhibit `B"
Page 5
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". Mansard and flat roofs are prohibited. No trim -less metal
windows are allowed.
The ARC 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 ARC, not visually objectionable from
neighboring properties and roads. The composition of roof forms should be carefully considered.
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 materials.
C.5 COLORS
1. Non -reflective materials are to be used, including non -reflective glazing
2. Color selections shall be reviewed by the ARC but preference will be given to earth tones,
a range of off-white, light gray, light brown, green or related each tones. Other tones may
be allowed on a case -by -case basis.
3. Materials for roofs may be sculpted architectural asphalt, flat concrete or fiber -cement tile,
slate or other cut stone. Metal or wood shake roofs are not permitted, unless specifically
approved by the ARC.
4. Material for walls may be stained wood or wood, painted fiber -cement lap siding and stone.
Cultured stone is permitted in out of reach areas on upper floors or for example for chimney
cladding. Colored stucco may be incorporated for very small areas as an accent only.
C.6 MATERIALS — EXTERIOR SURFACES
In order to impart a sense of solid, substantial construction and to avoid a tacked -on, thin veneer
look, material changes should terminate at a logical inside comer, plan shape change or at a major
wall opening. Changes at outside corners should be avoided. Exterior stone material should be
continued down to the finish grade, thereby eliminating unfinished foundation walls.
C.7 BUILDING PROJECTIONS
All projections from a building including, but not limited to, chimney caps, vents, gutters,
scuppers, downspouts, utility boxes, porches, railings and exterior stairways shall match the color
of the surface from which they project or be an appropriate accent color, unless otherwise approved
by the ARC. All building projections must be contained within the Building Envelope.
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS OF ASPEN CREEK WEST Exhibit `B"
Page 6
C.8 ANTENNA/SATELLITE DISHES
Antennas are restricted to interior attic applications only. Satellite dishes may be used if discretely
located on the building, and a maximum 24" diameter. Large ground mounted satellite dishes are
prohibited.
C.9 SERVICE YARD
All above -ground garbage and trash containers, clotheslines, 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.
Gates, or a "maze" entry that provides complete screening, shall be required around all mechanical
and pool equipment enclosures.
C.10 GUEST HOUSES, GUEST SUITES AND ARCESSORY BUILDINGS
Any accessory building shall be addressed on the site plan as submitted to the ARC for approval.
Accessory buildings are only allowed in the Building Envelope. Such structures must be designed
as an integrated visual element with the residence, and should be visually related to it by walls,
courtyards, or major landscape elements. All accessory buildings must be approved in advance by
the ARC and must in compliance with applicable City of Kalispell building guidelines.
C.11 STORAGE TANKS
No fuel tanks, water tanks or similar storage facilities shall be allowed.
C.12 TRAILER AND BOAT STORAGE
All trailer and boat storage shall be within the garage or along the side of the house within the lot
boundary. Fencing and/or heavy landscaping are encouraged to soften this impact. Motor homes
and trailers larger than 19' shall not be allowed to park on the lot or right-of-way.
SECTION D — REVIEW AND APPROVAL PROCESS
The conditions of approval imposed by the City of Kalispell for Aspen Creek West Subdivision
require a letter of approval to be submitted to the City of Kalispell Site Development Review
Committee from the ARC prior to the issuance of a building permit. The process for obtaining
said approval letter is outlined herein.
D.1 CONCEPTUAL PLAN REVIEW
A conceptual plan review is required to confirm the design incorporates all site requirements
relative to the lot location/Building Envelope plan. It will assist to clarify the intent and application
of the Design Guidelines, review/approval process, development procedures and schedules. In
order to initiate conceptual plan review, the Owner or Owner's representative shall submit a site
plan, floor plan and two elevation views to the ARC. In addition, the Owner or Owner's
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS OF ASPEN CREEK WEST Exhibit `B"
Page 7
representative will meet with the ARC. The ARC will provide its written determination
concerning the conceptual plan within fourteen (14) days of submittal and the conceptual meeting.
The determination may include comments from the conceptual meeting for the designer's use in
preparing the final submittal.
D.2 DETAILED FINAL PLAN REVIEW
In order to initiate final plan review, the Owner shall submit all information that needs to be
provided to the City of Kalispell in an effort to obtain building permits. Additional information
may be required (such as samples of paint, siding, roofing, exterior lighting plan, etc.) at the
discretion of the ARC. The ARC will provide its written determination concerning the final plans
within thirty (30) days of submittal. Incomplete submittals will be returned and this review period
will begin again. No construction or site preparation may begin until final written approval
has been obtained. The City of Kalispell will not issue building permits without an approval
letter from the ARC.
D.3 COMPLETION
Completion in these guidelines means the completion of interior build out as approved for
occupancy (by the City of Kalispell) and the complete exterior of the development including all
hard and soft landscaped areas. There will be a final inspection held at the request of the builder
with the ARC after acceptance by the City of Kalispell.
The Owner shall submit a copy of the City of Kalispell's Certificate of Occupancy to the
Homeowners Association.
[End of Design Review Guidelines]
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS OF ASPEN CREEK WEST Exhibit `B"
Page 8
UNITEDSTATES_
POSi.5L SERVICE
WGM GROUP
Benjamin J. Rankin P.E.
431 1' St W.
Kalispell, MT 59901
RE: Aspen Creek West
Ben -
Aspen Creek West
June 261, 2023
I have looked at the Plat Plan for the site Aspen Creek West the approved site for delivery for the 52
deliveries will be located west of Lott 4 and north of Lot 8 on Eastland Drive on the right side going
North-west. This Site will include 2-16-unit CBU's, 2-12-Unit and 2-4-unit Parcel Locker.
If further development of the adjacent property is to happen it will be the responsibility of the Developer
and or HOA to purchase a more CBU's and additional Parcel Lockers. (Parcel Locker for every 5
deliveries is the Domestic Mail Manual and LISPS minimum Requirements for New Construction)
The Unit will be installed prior to the residents moving into their homes. USPS will input the addresses
for this project into the AMS system and will retain all keys for the project and hand out to the new
residence when their homes are occupied.
Developer and or HOA will be responsible for the maintenance and replacement of CBU and Parcel
locker if destroyed or stolen.
This is a condition of my approval so that the customers have a secure Mode of Delivery and will be able
to receive mail and parcels and to be added to the Automated Mail System (AMS) that the USPS
provides this for address conformation for Local, City, State and Federal Mandates.
We have a mutually agreed signed Mode of Delivery Agreement.
Consider this letter as approval of the site for US Postal Service Delivery.
Larry A. Golie
TPostmaster
350 N. Meridian RD
Kalispell, MT 59901-9998
406-257-9796
®Lawrence.A.Golie@USPS.GOV
FCA Flathead Station
UNITED STATES
POSTU SERVICE
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406-758-7730
Jay Hagen — Fire Chief
Ken Whitehair — Asst. Fire Chief
Gary T. Hoes — Fire Plans Examiner
Jason Landis — Fire Inspector
August 27, 2025
RE: Aspen Creek West Subdivision - Hydrant Locations and Access.
Upon review of Aspen Creek West Subdivision Phase 1 fire hydrant exhibit, project #210313.6 dated
6/1/2023 by WGM Group; The Fire Prevention Division approves the hydrant layout/spacing, and
ability to access these hydrants from the design submitted.
This approval does not include future development/ expansions where an additional hydrant might be
needed depending on site layout.
KALISPELL
GARY T. HOES
FIRE PREVENTION DIVISION
FIRE PLANS EXAMINER
BUILDING FIRE INSPECTOR 11
201 1-AYE E KAuSPELL., MT 59901
c: (406) 253-3353 0: (406) 758-7736
GTHOESQKALISPELL.00M
CITY OF
KALISPELL
August 12, 2024
Kalispell Planning Department
Attn: PJ Sorenson
P.O. Box 1997
Kalispell, MT 59901
Phone: (406) 758-7932
Re: Aspen Creek Phase 1
Dear PJ:
Kalispell Parks & Recreation
306 1st Ave E. P.O. Box 1997
Kalispell, Montana 59903-1997
(406) 758-7715 Fax (406) 758-7719
This letter is to serve as conditional approval on the proposed landscaping plan for the boulevards, park,
and common area Aspen Creek Phase 1, per designs submitted by WGM Group.
It is agreed that if the project is extended, the developer will be responsible for submitting bonding for the
remaining improvements as specified on the submitted plan for Aspen Creek Phase 1. The bond may not
be longer than a period of 12 months. Tree plantings are required to meet the Street Tree Ordinance
standards of 2 't/4" caliper and have a 4-foot fibrous mulch around them in addition to meeting ISA
planting standards. Prior to installation of the trees, the developers landscape contractor is to contact our
Parks Superintendent about proper planting protocols and submit a planting permit. Mineral mulch in the
boulevards and adjacent to the public way is not permitted. Any landscape revisions or substitutions need
to be authorized by Kalispell Parks and Recreation prior to installation. Irrigation systems will need to
extend to the furthermost edges of all landscaped areas and provide head -to -head coverage. Any areas
with temporary irrigation will need to be underground with no hoses or portable sprinklers used to irrigate
and be on a central timer with the rest of the subdivision irrigation.
Final approval will be given upon completion, inspection and approval of the landscaping and tree
plantings at which time any bonding that has been submitted will be released after acceptance of
completed landscaping. It should be noted that all trees and landscaping are under a 2-year warranty
period, and should they die within this period, the developer will be responsible for replacement. The
warranty period will not begin till Kalispell Parks and Recreation accepts all landscaping meeting ISA
standards, our landscape ordinance, and our forestry ordinance.
If you have any concerns or questions, please give me a call.
Sincerely,
/Z//� �—
Chad Fincher, Parks, and Recreation Director
Kalispell Parks and Recreation
GUARANTEE
Issued by
Insured Titles
44 4th Street West/P- O- Box 188, Kalispell MT 59901
Title Officer Andrea Reum
Phone: (406)755-5028
FAX-- (406)755-3299
File No. 1193887-FT Cover Pa e
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FirstAmerican TitleT'
Form 5010500 (7-1-14)
Guarantee Number: 501055-1193887
Guarantee Face Page
Issued By
FIRST AMERICAN TITLE INSURANCE COMPANY
[,'r st Arncricaii Ttt1c
First Atrreticari Tale hisuratice Coiripatq
DenNs J G imofe, PFnk1 nt
Greg E SnW Seaetary
This jacket was created electronically and constitutes an original document
File No. 1193887-FT Page 2 of 7 Guarantee Face Page - Exclusions, Conditions and Stipulations
Form 5010500 7-1-14
SCHEDULE OF EXCLUSIONS FROM COVERAGE OF THIS GUARANTEE
2.
2.
Except to the extent that specific assurances are provided in
Schedule A of this Guarantee, the Company assumes no
liability for loss or damage by reason of the following:
(a) Defects, liens, encumbrances, adverse claims or other
matters against the title, whether or not shown by the
public records.
(b) (1) Taxes or assessments of any taxing authority that
levies taxes or assessments on real property; or, (2)
Proceedings by a public agency which may result in taxes
or assessments, or notices of such proceedings, whether
or not the matters excluded under (1) or (2) are shown
by the records of the taxing authority or by the public
records.
(c) (1) Unpatented mining claims; (2) reservations or
exceptions in patents or in Acts authorizing the issuance
thereof; (3) water rights, claims or title to water, whether
or not the matters excluded under (1), (2) or (3) are
shown by the public records.
Notwithstanding any specific assurances which are provided in
Schedule A of this Guarantee, the Company assumes no
liability for loss or damage by reason of the following:
(a) Defects, liens, encumbrances, adverse claims or other
matters affecting the title to any property beyond the
lines of the land expressly described in the description set
forth in Schedule (A), (C) or in Part 2 of this Guarantee,
or title to streets, roads, avenues, lanes, ways or
waterways to which such land abuts, or the right to
maintain therein vaults, tunnels, ramps or any structure
or improvements; or any rights or easements therein,
unless such property, rights or easements are expressly
and specifically set forth in said description.
(b) Defects, liens, encumbrances, adverse claims or other
matters, whether or not shown by the public records; (1)
which are created, suffered, assumed or agreed to by
one or more of the Assureds; (2) which result in no loss
to the Assured; or (3) which do not result in the invalidity
or potential invalidity of any judicial or non -judicial
proceeding which is within the scope and purpose of the
assurances provided.
(c) The identity of any party shown or referred to in
Schedule A.
(d) The validity, legal effect or priority of any matter shown
or referred to in this Guarantee
GUARANTEE CONDITIONS AND STIPULATIONS
DEFINITION OF TERMS.
The following terms when used in the Guarantee mean:
(a) the "Assured": the parry or parties named as the
Assured in this Guarantee, or on a supplemental writing
executed by the Company.
(b) "land": the land described or referred to in Schedule
(A)(C) or in Part 2, and improvements affixed thereto
which by law constitute real property. The term "land"
does not include any property beyond the lines of the
area described or referred to in Schedule (A)(C) or in Part
2, nor any right, title, interest, estate or easement in
abutting streets, roads, avenues, alleys, lanes, ways or
waterways.
(c) "mortgage": mortgage, deed of trust, trust deed, or
other security instrument.
(d) "public records": records established under state
statutes at Date of Guarantee for the purpose of
imparting constructive notice of matters relating to real
property to purchasers for value and without knowledge.
(e) "date": the effective date.
NOTICE OF CLAIM TO BE GIVEN BY ASSURED
CLAIMANT.
An Assured shall notify the Company promptly in writing in
case knowledge shall come to an Assured hereunder of any
claim of title or interest which is adverse to the title to the
estate or interest, as stated herein, and which might cause
loss or damage for which the Company may be liable by virtue
of this Guarantee. If prompt notice shall not be given to the
Company, then all liability of the Company shall terminate
with regard to the matter or matters for which prompt notice
is required; provided, however, that failure to notify the
Company shall in no case prejudice the rights of any Assured
unless the Company shall be prejudiced by the failure and
then only to the extent of the prejudice
3. NO DUTY TO DEFEND OR PROSECUTE.
The Company shall have no duty to defend or prosecute any
action or proceeding to which the Assured is a party,
notwithstanding the nature of any allegation in such action or
proceeding.
4. COMPANY'S OPTION TO DEFEND OR PROSECUTE
ACTIONS; DUTY OF ASSURED CLAIMANT TO
COOPERATE.
Even though the Company has no duty to defend or prosecute
as set forth in Paragraph 3 above:
(a) The Company shall have the right, at its sole option and
cost, to institute and prosecute any action or proceeding,
interpose a defense, as limited in (b), or to do any other
act which in its opinion may be necessary or desirable to
establish the title to the estate or interest as stated
herein, or to establish the lien rights of the Assured, or to
prevent or reduce loss or damage to the Assured. The
Company may take any appropriate action under the
terms of this Guarantee, whether or not it shall be liable
hereunder, and shall not thereby concede liability or
waive any provision of this Guarantee. If the Company
shall exercise its rights under this paragraph, it shall do
so diligently.
(b) If the Company elects to exercise its options as stated in
Paragraph 4(a) the Company shall have the right to
select counsel of its choice (subject to the right of such
Assured to object for reasonable cause) to represent the
Assured and shall not be liable for and will not pay the
fees of any other counsel, nor will the Company pay any
fees, costs or expenses incurred by an Assured in the
defense of those causes of action which allege matters
not covered by this Guarantee.
(c) Whenever the Company shall have brought an action or
interposed a defense as permitted by the provisions of
File No. 1193887-FT Page 3 of 7 Guarantee Face Page - Exclusions, Conditions and Stipulations
Form 5010500 7-1-14
GUARANTEE CONDITIONS AND STIPULATIONS (Continued)
this Guarantee, the Company may pursue any litigation
to final determination by a court of competent jurisdiction
and expressly reserves the right, in its sole discretion, to
appeal from an adverse judgment or order.
(d) In all cases where this Guarantee permits the Company
to prosecute or provide for the defense of any action or
proceeding, an Assured shall secure to the Company the
right to so prosecute or provide for the defense of any
action or proceeding, and all appeals therein, and permit
the Company to use, at its option, the name of such
Assured for this purpose. Whenever requested by the
Company, an Assured, at the Company's expense, shall
give the Company all reasonable aid in any action or
proceeding, securing evidence, obtaining witnesses,
prosecuting or defending the action or lawful act which in
the opinion of the Company may be necessary or
desirable to establish the title to the estate or interest as
stated herein, or to establish the lien rights of the
Assured. If the Company is prejudiced by the failure of
the Assured to furnish the required cooperation, the
Company's obligations to the Assured under the
Guarantee shall terminate.
S. PROOF OF LOSS OR DAMAGE.
In addition to and after the notices required under Section 2
of these Conditions and Stipulations have been provided to
the Company, a proof of loss or damage signed and sworn to
by the Assured shall be furnished to the Company within
ninety (90) days after the Assured shall ascertain the facts
giving rise to the loss or damage. The proof of loss or
damage shall describe the matters covered by this Guarantee
which constitute the basis of loss or damage and shall state,
to the extent possible, the basis of calculating the amount of
the loss or damage. If the Company is prejudiced by the
failure of the Assured to provide the required proof of loss or
damage, the Company's obligation to such Assured under the
Guarantee shall terminate. In addition, the Assured may
reasonably be required to submit to examination under oath
by any authorized representative of the Company and shall
produce for examination, inspection and copying, at such
reasonable times and places as may be designated by any
authorized representative of the Company, all records, books,
ledgers, checks, correspondence and memoranda, whether
bearing a date before or after Date of Guarantee, which
reasonably pertain to the loss or damage. Further, if
requested by any authorized representative of the Company,
the Assured shall grant its permission, in writing, for any
authorized representative of the Company to examine, inspect
and copy all records, books, ledgers, checks, correspondence
and memoranda in the custody or control of a third parry,
which reasonably pertain to the loss or damage. All
information designated as confidential by the Assured
provided to the Company pursuant to this Section shall not be
disclosed to others unless, in the reasonable judgment of the
Company, it is necessary in the administration of the claim.
Failure of the Assured to submit for examination under oath,
produce other reasonably requested information or grant
permission to secure reasonably necessary information from
third parties as required in the above paragraph, unless
prohibited by law or governmental regulation, shall terminate
any liability of the Company under this Guarantee to the
Assured for that claim.
OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS:
TERMINATION OF LIABILITY.
In case of a claim under this Guarantee, the Company shall
have the following additional options:
(a) To Pay or Tender Payment of the Amount of Liability or
to Purchase the Indebtedness.
The Company shall have the option to pay or settle or
compromise for or in the name of the Assured any claim
which could result in loss to the Assured within the
coverage of this Guarantee, or to pay the full amount of
this Guarantee or, if this Guarantee is issued for the
benefit of a holder of a mortgage or a lienholder, the
Company shall have the option to purchase the
indebtedness secured by said mortgage or said lien for
the amount owing thereon, together with any costs,
reasonable attorneys' fees and expenses incurred by the
Assured claimant which were authorized by the Company
up to the time of purchase.
Such purchase, payment or tender of payment of the full
amount of the Guarantee shall terminate all liability of
the Company hereunder. In the event after notice of
claim has been given to the Company by the Assured the
Company offers to purchase said indebtedness, the
owner of such indebtedness shall transfer and assign said
indebtedness, together with any collateral security, to the
Company upon payment of the purchase price.
Upon the exercise by the Company of the option provided
for in Paragraph (a) the Company's obligation to the
Assured under this Guarantee for the claimed loss or
damage, other than to make the payment required in
that paragraph, shall terminate, including any obligation
to continue the defense or prosecution of any litigation
for which the Company has exercised its options under
Paragraph 4, and the Guarantee shall be surrendered to
the Company for cancellation.
(b) To Pay or Otherwise Settle With Parties Other Than the
Assured or With the Assured Claimant.
To pay or otherwise settle with other parties for or in the
name of an Assured claimant any claim assured against
under this Guarantee, together with any costs, attorneys'
fees and expenses incurred by the Assured claimant
which were authorized by the Company up to the time of
payment and which the Company is obligated to pay.
Upon the exercise by the Company of the option provided
for in Paragraph (b) the Company's obligation to the
Assured under this Guarantee for the claimed loss or
damage, other than to make the payment required in
that paragraph, shall terminate, including any obligation
to continue the defense or prosection of any litigation for
which the Company has exercised its options under
Paragraph 4.
DETERMINATION AND EXTENT OF LIABILITY.
This Guarantee is a contract of Indemnity against actual
monetary loss or damage sustained or incurred by the
Assured claimant who has suffered loss or damage by reason
of reliance upon the assurances set forth in this Guarantee
and only to the extent herein described, and subject to the
File No. 1193887-FT Page 4 of 7 Guarantee Face Page - Exclusions, Conditions and Stipulations
Form 5010500 7-1-14
GUARANTEE CONDITIONS AND STIPULATIONS (Continued)
Exclusions From Coverage of This Guarantee.
The liability of the Company under this Guarantee to the
Assured shall not exceed the least of:
(a) the amount of liability stated in Schedule A or in Part 2;
(b) the amount of the unpaid principal indebtedness secured
by the mortgage of an Assured mortgagee, as limited or
provided under Section 6 of these Conditions and
Stipulations or as reduced under Section 9 of these
Conditions and Stipulations, at the time the loss or
damage assured against by this Guarantee occurs,
together with interest thereon; or
(c) the difference between the value of the estate or interest
covered hereby as stated herein and the value of the
estate or interest subject to any defect, lien or
encumbrance assured against by this Guarantee.
8. LIMITATION OF LIABILITY.
(a) If the Company establishes the title, or removes the
alleged defect, lien or encumbrance, or cures any other
matter assured against by this Guarantee in a reasonably
diligent manner by any method, including litigation and
the completion of any appeals therefrom, it shall have
fully performed its obligations with respect to that matter
and shall not be liable for any loss or damage caused
thereby.
(b) In the event of any litigation by the Company or with the
Company's consent, the Company shall have no liability
for loss or damage until there has been a final
determination by a court of competent jurisdiction, and
disposition of all appeals therefrom, adverse to the title,
as stated herein.
(c) The Company shall not be liable for loss or damage to
any Assured for liability voluntarily assumed by the
Assured in settling any claim or suit without the prior
written consent of the Company.
9. REDUCTION OF LIABILITY OR TERMINATION OF
LIABILITY.
All payments under this Guarantee, except payments made
for costs, attorneys' fees and expenses pursuant to Paragraph
4 shall reduce the amount of liability pro tanto.
10. PAYMENT OF LOSS.
(a) No payment shall be made without producing this
Guarantee for endorsement of the payment unless the
Guarantee has been lost or destroyed, in which case
proof of loss or destruction shall be furnished to the
satisfaction of the Company.
(b) When liability and the extent of loss or damage has been
definitely fixed in accordance with these Conditions and
Stipulations, the loss or damage shall be payable within
thirty (30) days thereafter.
11. SUBROGATION UPON PAYMENT OR SETTLEMENT.
Whenever the Company shall have settled and paid a claim
under this Guarantee, all right of subrogation shall vest in the
Company unaffected by any act of the Assured claimant.
The Company shall be subrogated to and be entitled to all
rights and remedies which the Assured would have had
against any person or property in respect to the claim had this
Guarantee not been issued. If requested by the Company,
the Assured shall transfer to the Company all rights and
remedies against any person or property necessary in order to
perfect this right of subrogation. The Assured shall permit the
Company to sue, compromise or settle in the name of the
Assured and to use the name of the Assured in any
transaction or litigation involving these rights or remedies.
If a payment on account of a claim does not fully cover the
loss of the Assured the Company shall be subrogated to all
rights and remedies of the Assured after the Assured shall
have recovered its principal, interest, and costs of collection.
12. ARBITRATION.
Unless prohibited by applicable law, either the Company or
the Assured may demand arbitration pursuant to the Title
Insurance Arbitration Rules of the American Arbitration
Association. Arbitrable matters may include, but are not
limited to, any controversy or claim between the Company
and the Assured arising out of or relating to this Guarantee,
any service of the Company in connection with its issuance or
the breach of a Guarantee provision or other obligation. All
arbitrable matters when the Amount of Liability is $1,000,000
or less shall be arbitrated at the option of either the Company
or the Assured. All arbitrable matters when the amount of
liability is in excess of $1,000,000 shall be arbitrated only
when agreed to by both the Company and the Assured. The
Rules in effect at Date of Guarantee shall be binding upon the
parties. The award may include attorneys' fees only if the
laws of the state in which the land is located permits a court
to award attorneys' fees to a prevailing party. Judgment upon
the award rendered by the Arbitrator(s) may be entered in
any court having jurisdiction thereof.
The law of the situs of the land shall apply to an arbitration
under the Title Insurance Arbitration Rules.
A copy of the Rules may be obtained from the Company upon
request.
13. LIABILITY LIMITED TO THIS GUARANTEE;
GUARANTEE ENTIRE CONTRACT.
(a) This Guarantee together with all endorsements, if any,
attached hereto by the Company is the entire Guarantee
and contract between the Assured and the Company. In
interpreting any provision of this Guarantee, this
Guarantee shall be construed as a whole.
(b) Any claim of loss or damage, whether or not based on
negligence, or any action asserting such claim, shall be
restricted to this Guarantee.
(c) No amendment of or endorsement to this Guarantee can
be made except by a writing endorsed hereon or
attached hereto signed by either the President, a Vice
President, the Secretary, an Assistant Secretary, or
validating officer or authorized signatory of the Company.
14. NOTICES, WHERE SENT.
All notices required to be given the Company and any
statement in writing required to be furnished the Company
shall include the number of this Guarantee and shall be
addressed to the Company at First American Title
Insurance Company, Attn: Claims National Intake
Center, 1 First American Way, Santa Ana, California
92707. Phone:888-632-1642.
File No. 1193887-FT Page 5 of 7 Guarantee Face Page - Exclusions, Conditions and Stipulations
Form 5010500 7-1-14
Subdivision Guarantee
First American T1'de
Guarantee
Subdivision or Proposed Subdivision: Aspen Creek West
Order No.: 1193887-FT
Reference No.:
ISSUED BY
First American Title Insurance Company
GUARANTEE NUMBER
5010500-1193887-FT
Fee: $150.00
SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE LIMITS OF LIABILITY, AND OTHER PROVISIONS
OF THE CONDITIONS AND STIPULATIONS HERETO ANNEXED AND MADE A PART OF THIS GUARANTEE,
FIRST AMERICAN TITLE INSURANCE COMPANY, A CORPORATION HEREIN CALLED THE COMPANY
GUARANTEES:
WGM Group
FOR THE PURPOSES OF AIDING ITS COMPLIANCE WITH FLATHEAD COUNTY SUBDIVISION
REGULATIONS,
in a sum not exceeding $5,000.00.
THAT according to those public records which, under the recording laws of the State of Montana, impart
constructive notice of matters affecting the title to the lands described on the attached legal description:
Tract 2 of Certificate of Survey No. 16428, situate, lying and being in the Northwest Quarter
of the Northeast Quarter of Section 11, Township 28 North, Range 22 West P.M.M., Flathead
County, Montana.
(A) Parties having record title interest in said lands whose signatures are necessary under the
requirements of Flathead County Subdivision Regulations on the certificates consenting to the recordation
of Plats and offering for dedication any streets, roads, avenues, and other easements offered for
dedication by said Plat are:
520 Three Mile Drive Associates, LLC, a Delaware limited liability company
(B) Parties holding liens or encumbrances on the title to said lands are:
NONE
(C) Easements, claims of easements and restriction agreements of record are:
County road rights -of -way not recorded and indexed as a conveyance of record in the office of the
Clerk and Recorder pursuant to Title 70, Chapter 21, M.C.A., including, but not limited to any right of
the Public and the County of Flathead to use and occupy those certain roads and trails as depicted on
County Surveyor's maps on file in the office of the County Surveyor of Flathead County.
2. 2025 taxes and special assessments are an accruing lien, amounts not yet determined or payable.
File No. 1193887-FT Page 6 of 7 Guarantee Face Page - Exclusions, Conditions and Stipulations
Form 5010500 7-1-14
The first one-half becomes delinquent after November 30th of the current year, the second one-half
becomes delinquent after May 31st of the following year.
General taxes as set forth below. Any amounts not paid when due will accrue penalties and interest
in addition to the amount stated herein:
Year First Half / Status Second Half / Status Parcel Number Covers
2024 $7,051.19 PAID $7,051.15 PAID 0007271 Subject Land
3. Easement for conveyance of water from Spring Creek in Section 2 by means of Talbott Ditch over the
NWNE granted to Edward Constad, etal, recorded March 9, 1937, in Book 221, Page 428, records of
Flathead County, Montana.
4. Easement for an electric underground distribution line of one or more conductors granted to Pacific
Power & Light Company, recorded December 9, 1982, as Doc. Nos. 18403, 18404 & 18405, records
of Flathead County, Montana.
Easement for right of way to construct, reconstruct, replace and remove communication system
granted to American Telephone and Telegraph Company, recorded November 2, 1993, as Doc. No.
93-306-08560, records of Flathead County, Montana.
6. Easement for right of way to construct, reconstruct, replace and remove communication system
granted to American Telephone and Telegraph Company, recorded December 21, 1993, as Doc. Nos.
93-355-08380 and 93-355-08390, records of Flathead County, Montana.
7. All matters, covenants, conditions, restrictions, easements and any rights, interests or claims which
may exist by reason thereof, disclosed by Record of Survey Nos. 15300, 15941 & 16428, but deleting
any covenant, condition or restriction indicating a preference, limitation or discrimination based on
race, color, religion, sex, handicap, familial status, or national origin to the extent such covenants,
conditions or restrictions violate 42 USC 3604(c).
8. Easement Agreement between Roy and Carol Stanley Family Limited Partnership and Douglas R.
Johnson recorded December 30, 2003, as Doc. No. 2003-364-08430, records of Flathead County,
Montana.
9. Ordinance No. 1518 by the City of Kalispell for zoning filed April 13, 2009, as Doc. No. 2009-000-
10065.
10. Easement for public roadway and utilities granted to the City of Kalispell, recorded September 12,
2017 Doc. No. 2017-000-22711.
11. Ordinance No. 1885 creating the Aspen Creek West PUD, recorded August 8, 2022, as Doc. No.
2022-000-20755.
Date of Guarantee: June 18, 2025 at 7:30 A.M.
By:
Authorized Countersignature
File No. 1193887-FT Page 7 of 7 Guarantee Face Page - Exclusions, Conditions and Stipulations
Form 5010500 7-1-14
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purpose of assisting in locating the
land and the Company assumes no
liability for variations, if any, with
actual survey." Insured Titles
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"This plat is provided solely for the
purpose of assisting in locating the
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liability for variations, if any, with
actual survey." Insured Titles
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$ 33 , 3 PA6Es
FLATHEAD COUNTY MONTANA
pAULA RORINSON
20OS203 �lj, �Z� CLERK/RECORDER
C,y>
Return To: S10 I h lzfi Mt I DY /ASS c LLC
C%o t�i llGcct: }�ro�et%�lis
JcN Fvcu�ci �r' Cry R'�IIaS" q
COMPLIMENTS OF: CITIZEN'S`STT& & ESCROW CO, INC.;
704 SOUTH MAIN, KALISPELL MT 59901 (406)752-5388
OrderNo.CT-85983
WARRANTY DEED
For Value Received Douglas R. Johnson
Grantors do hereby grant, bargain, Sell and convey unto
520 Three Mile Drive Associates, LLC, a Delaware limited liability company
and to the heirs and assigns forever, the following described premises, in FLATHEAD COUNTY,
MONTANA, to -wit:
SEE EXHIBIT `A' ATTACHED HERETO AND MADE A PART HEREOF
TO HAVE AND TO HOLD the said premises, with their appurtenances unto the said Grantee, forev
er. The Grantors do hereby covenant to and with the said Grantee, that they are the owners in fee simple df said premises; that
said premises are free from all encumbrances, EXCEPT those matters state above.
DATED: Jul 2005.
Douglas R. Johnson
STATE OF Montana, COUNTY OF Flathead
On this U-day of JULY, 2005, before me, a Notary Public in and for said State, personally appeared Douglas R. Johnson
known to me to be the person(s) whose name(s) is/are subscribed to the within instrument and ackrigwledged to me that
she/he/they executed the same.
FUME K40CRE
NOTARY PU5LIG!.tONTAN.A
SEAL Resdlnpat M:5pal,hlonlana [S E A L]
Notary Public for the State of MONTANAF ;Ic? :+vCarm. Fops , i. a za, zoo?
Residing at: {,:,,.
My Commission Expires:
MONTANA, COUNTY OF FLATHEAD
I hereby certify that this instrument was filed for record at minutes past o'clock
m., tlus day of 20 , in my office, and duly recorded in
Book of
Deeds at Page ,records of Flathead County, State of Montana.
Reception No.
County Clerk and Recorder
Fee $ Paid
Deputy
EXHIBIT A i
FILE NO.;.: CT-85983 2005203
TRACT 1
i
A tract of land, situate. lying and being in the NW1/4NE1/4 of Section 11,
Township 28 North, Range 22 West. P.M.M., Flathead County. Montana and more
particularly described as follows:
Beginning at the NE1/16 corner of said Section 11. thence
South 89'40'20" West, 766.60 feet along the South boundary of the NW1/4NE1/4
of said Section 11; thence leaving said South boundary:
North, 842.68 feet to the South boundary of Parcel B of Certificate of Survey
No. 4218; thence
North 89'54'45" East, 317.29 feet to the Southeast corner of said Parcel B:
thence
North 00'00'23" East 420.62 feet to the Northeast corner of said Parcel 9;
thence "{ v
South 89'56'31" East, 508.71 feet to the Northeast corner of Parcel C'lof V
Certificate of Survey No. 4218; thence
South 02'41'52" West, 1261.31 feet to the Point of Beginning.
Tract 2 Certificate of Survey No, 16428.
AND
TRACT 2
Non-exclusive easement for ingress and egress as set forth on Easement
Agreement recorded December 30, 2003 as Doc. No. 2003-364-08430. records of
Flathead County, Montana.
SUBJECT TO County road rights -of -way not recorded and indexed as a conveyance
in the office of the Clerk and Recorder pursuant to title 70, chapter:21,
M.C.A.
SUBJECT TO Easement for conveyance of water from Spring Creek in Section 2 by
means of Talbott Ditch over the NWNE granted to Edward Constad. etal.'recorded
March 9. 1937. in Book 221, Page 428. records of Flathead County, Montana.
I'
SUBJECT TO Easement for an electric underground distribution line of dne or
more conductors and all necessary or desirable appurtenances granted t;o Pacific
Power & Light Company. recorded December 9, 1982, in Book 756, Page 152, as
Doc. No. 18403 and recorded December 9. 1982 , in Book 756. Page 154,!as Doc.
No. 18404. records of Flathead County, Montana.
SUBJECT TO Easement for right of way to construct, reconstruct, replace and
remove communication system granted to American Telephone And Telegraph
Company, a New York corporation. recorded November 2, 1993. as Doc. Ni
93-306-08560, records of Flathead County, Montana.
SUBJECT TO Easement for right of way to construct, reconstruct, replace and
remove communication system granted to American Telephone And Telegraph
Company. a New York corporation, recorded December 21. 1993, as Doc. No,
93-355-08380 and 93-355-08390. records of Flathead County, Montana.
SUBJECT TO Easement for communications systems granted to American Telephone
and Telegraph Company. recorded December 21, 1993, as Doc. No. 93-355-;08390.
records of Flathead County, Montana.
I
SUBJECT TO A 30 foot access and utility easement as shown on Certificate of
Survey No. 15300, records of Flathead County, Montana. (AFFECTS. Tract 1)
i
SUBJECT TO Easement Agreement between Roy and Carol Stanley Family Limited
Partnership and Douglas R. Johnson recorded December 30, 2003, as Doc.j No.
2003-364-08430. records of Flathead County, Montana. (AFFECTS: Tract'1)
I
SUBJECT TO A possible easment created by Notice of Appropriation of Water
Right, recorded July 1, 1954, in Book 361 at Page 204, records of Flathead
County, Montana. (AFFECTS: Tract 2)
SUBJECT TO A reservation of an easement over the portion of said land and for
the purposes stated herein, and incidental purposes,
IN FAVOR OF: Ray and Carol Stanley Family Limited Partnership
Zoos 2 03 t ss 30
EXHIBIT A CONTINI
FILE NO.: CT-85983
FOR The right to use.
RECORDED December 30, 2003, as Doc. No. 2003-364-08430,
records of _fathead County, Montana.
AFFECTS Tract 2
SUBJECT TO Southerly right-of-way line of Farm to Market Road as depicted on
Certificate of Survey No. 4218, records of Flathead County, Montana.
(AFFECTS: Tract 2)
SUBJECT TO 60' wide access and utility easement as depicted or. Certificate of
Survey No. 15941, records of Flathead County, Montana. (AFFECTS: Tract 2)
SUBJECT TO Access is subject to Terms and Conditions of Easement Agreement
between Roy Stanley and Carol Stanley Family Limited Partnership AND Douglas
R. Johnson, recorded December 30, 2003 as Doc. No. 2003-364-08340, records of
Flathead County, Montana. (AFFECTS: Tract 2)
SUBJECT TO AND TOGETHER WITH Rights of way and easments established or of
record.
Options Inquiry Overview
Email: L Email OverviewyRpt
Active Header Year: 25 Assessor: 0007271 SD: 01 BCC: 00
Names:
I M 520 THREE MILE DRIVE ASSOCIATES LLC
Addresses:
Mailing Address
940 EMMETT AVE STE 200
BELMONT CA 94002
Physical Address
520 THREE MILE DR
KALISPELL MT 59901
Legal Descriptions
Record 401 Sec:11 Twp:28 Rng:22
Description:TR 4D IN NW4NE4
Acres: 20.00
COS - 16428-2 RETRACE
Value record(s) for year 2023 - Year 2025 not found
Catcd Description Acres Value TaxableVal Geocode
1 KIUV 17010 NON-QUALAG 19.00 10�-7 158.00 07396511109090000
1 KIUV 20020 1 AC BLDG SIT 1.00 119100 1608.00 07396511 109090000
1 KIUV 35010 IMPS ON RES 0.00 1212250 16365.00 07396511109090000
Shopping Cart: 0 items [$0.00]
New Search History Payoff j PayTaxes
Assessor#: 0007271 Mailing Address:
940 EMMETT AVE STE 200
Status: Paid BELMONT, CA 940023881
Receipt: 68917 Legal Description:
S11, T28 N, R22 W, 16428-2, PARCEL N/A, TR 4D IN N
2024 Owner(s):
520 THREE MILE DRIVE ASSOCIATES LLC
Market: $1,332,397
Taxable: $18,131
Detail
140 View Pie Charts
First Half: $7,051.19 Due: 11/3012024
Second Half: $7,051.15 Due: 5/31/2025
Total: $14,102.34
Show Current Tax Bill
Detail
Geo Code: 07-3965-11-1-09-09-0000 Date: 2005-07-22
Property address: 520 THREE MILE DR. KALISPELL MT 59901
TRS: T28 N, R22 W, Sec. 11
Legal: S11, T28 N, R22 W, 16428-2, PARCEL N/A,
TR 4D IN NW4NE4
Short: TR 4D IN NW4NE4
Acres: 20.00
COS: 16428-2
4) Help
Tax Comparison
First Half: $7,051.19
Second Half: $7,051.15
Total: $14,102.34
(May include penalty & interest)
Note: The accuracy of this data is not guaranteed. Only one search criterion is required (e.g. Parcel # or Owner Name). Entering
additional criteria can result in an incomplete search.
Property Tax data was last updated 06/25/2025 03:30 PM.
Send Payment To:
Flathead County Treasurer
290 A North Main
Kalispell, MT 59901
(406) 758-5680
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New Search Detail
k�', Help
Assessor#: 0007271
Status: Paid
Type: RE
Owner: 520 THREE MILE DRIVE ASSOC::ATES LLC
Value Breakdown:
..
1 2024i 0007271 1i 1.701
j
i Nor: -Qualified Ag I -and 20-160 Acres
$1,047
$158 ,
2024 ? 0007271 i 2002
{ 1 Acre Bldg, Site On Non -Qualified Ag Land
$11.9,100
2024i 0007271 i 3501
Improvements on Residential City/Town Lots
$1,212 2SU
$16,365
2023 0007271 1701
i
Non -Qualified Ag Land 20-160 Acres
$1,047';
$158
2023 0007271 2002
1 Acre Bldg, Site On Non -Qualified Ag Land
$119,100
$1,608
1 2023 = 0007271 1 3501
Improvements on Residential City/Town Lots
$1,2.12,250
$16,365
20220007271 j 1701
Non -Qualified Ag Land 20-160 Acres
$1,052'
$159
2022' 0007271 2002
1 Acre Bldg. Site On Non -Qualified Ag Land
$61,800 <
$834
�
2022i 0007271 3501
�
Improvements on Residential City/Town Lots
t
$906 580
$12,239
..
Current Market Value: $1,332,397
Current Taxable Value:
$18,131
Previous Market Value: $1,332,397
Previous Taxable Value:
$18,131
Note: The accuracy of this data is not guaranteed. Only one search criterion is required (e.g. Parcel # or Owner Name). Entering
additional criteria can result in an incomplete search.
Property Tax data was last updated 06/25/2025 03:30 PM.
Send Payment To:
Flathead County Treasurer
290 A North Main
Kalispell, MT 59901
(406) 758-5680
Shopping Cart: 0 items [$0.00] f
,m.
Help
New Search Detail payoff
' a
Assessor#: 0007271
Status: Paid
Type: RE
Owner: 520 THREE MILE DRIVE ASSOC..ATES LLC
History:
_ ..._ .._ .. . _ ..... ._ _
_.__ _ _
... .
I
i 2024 68917
10/07/2024
$14,102.34
11/21/2024
$7,051 19 ;
4/29/2025
$7,051 15
2023 2023,06,76,5
09/29/2023
$12,420.21 '
11/29/2023
$6,210.12
�_._....
5/24/2024
$6,210.09
2023 20236634_1
02/28/2024
$310.04
4/30/2024;
$0.00
$310.04i
11/17/20223
$6,025 33 €
2022 1202200342
11/01/2022;
$12,050.61
5/9/2023
$6,025.28
2021 202100342 i
11/01/2021{
$12,768.48
11/12/2021
$6,384 25
6/1/2022y
$6,384.23
2020, 202000343,
i...
11/01/2020
....
$13,187.52
11/23/2020
3/23/2021
$6,593 79
$6,593.73
** Paid Amount may include penalty &.
interest
Note: The accuracy of this data is not guaranteed. Only one search
criterion is required (e.g. Parcel #
or Owner Name). Entering
additional criteria can result in an incomplete search.
Property Tax data was last updated 06/25/2025
03:30 PM.
Send Payment To:
Flathead County Treasurer
290 A North Main
Kalispell, MT 59901
(406) 758-5680
o4F�THZLO
Flathead County Treasurer
.: c
Adele Krantz, Treasurer
290 A North Main
Ny
Kalispell, MT 59901
'• _�
TFoFMQ''tP
(406) 758-5680
https://flathead.mt.Qov/property tax
50104'144"G50"0596`•1/2*";;" AUTOALL FOR AADC 940
520 THREE MILE DRIVE ASSOCIATES LLC
940 EMMETT AVE STE 200
BELMONT CA 94002-3864
IIII,IIIIIIII„IIII�II.IIIII�IIIIIIIII'lllllllllllltl"lt'tllll.I
Assessor#:
0007271!
I Tax District OB84-001 / Annexed into Kalispe
IGeo Code
07396511109090000
'Mill Levy:
595.350
Market Value:
'
1,332,397
j Real Estate:
1,766 !
Building & Improvements:
16,365 1
j Personal Property:
0
j Exemption:
0.00 j
i Taxable Value:
18,131
911 GENER OBLIG BON
0.910
$16.50 -i?;14 SD 01 BUS DEPRECIATI
0.300
$5 44 SCT: 11 TWN: 28 N RNG. 22 W
AIRPORT
2.000
$36 26 ",. „I SOOi DEBT SERVICE
23,040
$417.74
AREA AGENCY ON AGIN
0.470
$8,52 *" SO 01 GENERAL
56.960
$1,032.74 TR 40 IN NW4NE4
BOARD OF HEALTH
4.000
$72 52 I ' - z SO Oi TECHNOLOGY
3.780
$68,54
BRIDGE
1.590
$28 82 SD 01 TRANSPORTATIO
14.430
$261.64 Physical Address:
520 THREE MILE OR
CO PERM MED LEVY
COMMUNITY COL. RET.
7.960
2.750
$144 32 SD 01 TUITION
$49,86 • SEARCH 8 RESCUE
10.280
1.000
$186.38
$18.14
COMP INSURANCE
4.360
$79.06 „_e; SHERIFF
27.370
$496,24
COUNTY LIBRARY
4.210
$76.34 „, SPECIAL EMS PROGRA
2.000
$36.26
COUNTY PARKS
1.060
$19 22'':;«2ia. TRANSPORTATION
1.390
$25.20
COUNTY POOR FUND
0.180
$3 26 UNIVERSITY MILL -AGE
6,000
$108.78
COUNTY RETIREMENT
7.820
$141.78 TOTAL LEVY
595.350
$10,794.29
COUNTYWIDE MOSQUIT
0.500
$9,06 !.T FCSW Fee - Residential
$92.84 s
DISTRICTCOURT
0,810
$1438 990 FECC SPECIAL DIST
$132.60
ELEM GENERAL MAINT
33.000
$598.32 ILIA KAL GARBAGE
$6.51
ELEM RETIREMENT
14,020
$254 20 KAL LIGHTING 50
$359.37
SIC
OT
EMS
EQUALIZATION MILLAG
1.000
41
$1814 KAL STORM SEWER
$725 24 Ci KAL STREET MAINT
$502.42
$1,781.00
' ..
EXTENSION
0.330
$5 98 KAL URBAN FOREST DST
$413,00
a�_ �
FAIR
0.560
$10.16 #.., SOIL 8 WATER CONSERV
$20.31
_
FHS BUILDING RESERV
0.920
$16.58 TOTAL TAX
$14,102.34
FHS BUS RESERVE
0.840
$15.23
FHS DEBT SERVICE
11S90
$210.14
FHS DEBT SRV NEW 00
5,690
$103,16
ST
FHS FLEX
1.560
$28.28
Cl
FHS GENERAL
24.340
$441.30
CO
FHS TRANSPORTATION
9.41 0
$170.62
FHS TUITION
2,500
$45.32
CITY 25.42%
$3,584,32
FVCC ADULT EOUCATIO
FVCC DEBT SERVICE
0,990
1,920
$17.94
$34,82
�m'� COUNTY 11.61 %
$1,637,58
FVCC GENERAL
6.810
S123.48
STATE 12,99%
$1,831.22
FVCC PERMIS MED LEV
3,310
$60,02
SCHOOL 26,53%
$3, 741.17
GENERAL
1&810
$341.04
�OTHER 23.46%
$3,308.05
GROUP INSURANCE
0.130
$2,36
HIGH SCH GEN MAINT
22.000
$398.88
HIGH SCH RETIREMENT
7.030
$127,46
JUVENILE DETENTION
0.340
$6 16
KAL PERM MED LEVY
19.000
$344,48
KALISPELL CITY
120.260
$2,180.44
KALISPELL Emergency R
58.430
$1,059AO
NOXIOUS WEEDS
0.970
$17.58
PERM SRS LEVY
0.300
$5.44
PORT AUTHORITY
1.090
$19,76
PUBLIC TRANSIT
0.550
$9.98
SD Ot ADULT ED
0.240
$4.36
SO 01 BLDG RESERVE
2,240
$40.52
'2nd Half: $7,051 15
i
05/3112025
I
520 THREE MILE DRIVE ASSOCIATES LLC
940 EMMETT AVE STE 200
BELMONT CA 94002-3881
i
!Assessor No: 0007271
MAKE CHECK PAYABLE TO:
Adele Krantz
Flathead County Treasurer
290A N MAIN ST
KALISPELL, MT 59901-3946
1 s7DIue
I[Assessor No: 0007271:
1sr r
NO SECOND HALF NOTICE WILL BE SENT.
Ful: r YOUR CHECK IS YOUR RECEIPT.
STUBS MUST ACCOMPANY PAYMENT. FOR A COPY OF YOUR TAX
RECEIPT INCLUDE A SELF ADDRESSED STAMPED ENVELOPE.
Toe. � �
520 THREE MILE DRIVE ASSOCIATES LLC
940 EMMETT AVE STE 200
BELMONT CA 94002-3881
MAKE CHECK PAYABLE TO:
Adele Krantz
Flathead County Treasurer
290A N MAIN ST
KALISPELL, MT 59901-3946
0
Na
STATE LBRARY Cadastral Property Report
Tax Year: 2025
Scale: 1 5911.07 Basemap: Cadastral Application Base Map
CaMrlxc
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..... _. Tn—(roa Dma..
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tkopk Dnn'.
httl)s://svc. mt.goy/ms I/cadastral/?page=Map&geocode=07-3965-11-1-09-09-0000&taxYea r=2025
Referenced on 6/25/2025 1 / 6
0STATE LIBRARY TACadastral Property Report
�/ ST
Tax Year: 2025
General Property Information
I
Neighborhood: 207.150.0
Property Type: Improved Property
Living Units: 1
Levy District: 07-OB8436-01 - KIUV
Zoning:
Ownership: 100
Linked Property: No linked properties exist for this property
Exemptions: No exemptions exist for this property
Condo Ownership:
General: 0
Limited: 0
Property Factors
Topography: n/a
Fronting: n/a
Utilities: n/a
Parking Type: n/a
Access: n/a
Parking Quantity: n/a
Location: n/a
Parking Proximity: n/a
Land Summary
Land Type:
Acres:
Value:
Grazing
0
0
Fallow
0
0
Irrigated
0
0
Continuous Crop
Wild Hay
0
0
Farmsite
0
0
ROW
0
0
NonQual Land
19
0
Total Ag Land
19
0
Total Forest Land
0
0
Total Market Land
1
0
Deed Information
Deed Date Book Page Recorded Date Document Number Document Type
Owners
Party #1
Default Information:
520 THREE MILE DRIVE ASSOCIATES LLC
940 EMMETT AVE STE 200 BELMONT, CA 94002-3881
Ownership % :
100
Primary Owner:
Yes
Interest Type:
Conversion
Last Modified:
2/1/201213:12:12 PM
httos:llsvc mt gov/msl/cadastral/?page=Mao&geocode=07-3965-11-1-09-09-0000&taxYear=2025
Referenced on 6/25/2025 2/6
STATE LIBRARY
Cadastral Property Report
Tax Year: 2025
Appraisals
Appraisal History
Tax Year Land Value Building Value Total Value Method
_ —
2024 120147 1212250 1332397 COST
2023 120147 1212250 1332397 COST
Market Land
Market Land Item #1
Method: Acre
Type: 1 Ac. beneath Improvements (for dwlg on NQ Ag Land)
Width: n/a
Depth: n/a
Square Feet: n/a
Acres: 1
Class Code: 2002
Value: n/a
Dwellings
Dwelling #1
Dwelling Information
Dwelling Type
Style Year Built
SFR
08 - Conventional 1983
Residential Type: SFR
Style: 08 - Conventional
Year Built: 1983
Effective Year: n/a
Roof Material: 6 -Wood Shake
Roof Type: 3 -Gable
Story Height: 1.0
Attic Type: 0 - None
Grade: 8
Exterior Walls: 1 -Frame
Class Code: 3501
Exterior Wall Finish: 6 - Wood Siding or Sheathing
Year Remodeled: n/a
Degree Remodeled: n/a
Mobile Home Details
Manufacturer: n/a
Serial # n/a
Width: n/a
Length: n/a
Model: n/a
Basement Information
Foundation: 2 - Concrete
Finished Area: n/a
Daylight: N
Basement Type: 2 - Part
Quality: n/a
Heating/Cooling Information
Type: Central
System Type: 5 - Forced Air
Fuel Type: 3 - Gas
Heated Area: n/a
httos //svc mt.goy/msl/cadastral/?l)age=Mao&geocode=07-3965-11-1-09-09-0000&taxYear=2025
Referenced on 6/25/2025 3/6
VONIANASTATE LIBRARY Cadastral Property Report
Tax Year: 2025
Other Buildings
https://svc. mt.gov/ms I/cad astral/?page=Map&qeocode=07-3965-11-1-09-09-0000&taxYear=2025
Referenced on 6/25/2025 4/6
' °'J,AN Cadastral Property Report
STATE LIBRARY p y p
Tax Year: 2025
Commercial
No commercial buildings exist for this parcel
Ag/Forest Land
https://svc. mt.goy/ms I/cadastral/?Page=Map&geocode=07-3965-11-1-09-09-0000&taxYear=2025
Referenced on 6/25/2025 5/6
M LIBRARY STACadastral Property Report
STATE
Tax Year: 2025
Ag/Forest Land Item #1
Acre Type: NQ - Non Qualified Ag Land Irrigation Type: n/a
Class Code:1701 Timber Zone: n/a
Productivity
Quantity: We Commodity: n/a
Units: Non Qual
Valuation
Acres: 19 Per Acre Value: n/a
Value: n/a
Easements
No easements exist for this parcel
Disclaimer
The Montana State Library (MSL) provides this product/service for informational purposes only. MSL did not produce it for, nor is it suitable for legal, engineering,
or surveying purposes. Data from disparate sources may not be in vertical alignment. Consumers of this information should review or consult the primary data
and information sources to ascertain the viability of the information for their purposes. The MSL provides these data in good faith and in no event, shall be liable
for any incorrect results or analysis, any lost profits and special, indirect or consequential damages to any party, arising out of or in connection with the use or the
inability to use the data or the services provided. The MSL makes these data and services available as a convenience to the public, and for no other purpose. The
MSL reserves the right to change or revise published data and/or services at any time.
https:/Isvc. mt.goy/msl/cadastral/?page=Mao&geocode=07-3965-1 1-1-09-09-0000&taxYear=2025
Referenced on 6/25/2025 6/6
Plat Room
Flathead County, Montana
800 S. Main St.
Kalispell, MT 59901
(406) 758-5510
This Form is for Subdivisions Only
BY: WGM
FOR: 520 THREE MILE DRIVE ASSOCIATES LLC DATE: 7/25/2025
DESCP : Aspen Creek West Ph 1 PURPOSE: Subdivision
11-28-22
YEARS ASSESSOR #
2022 thru 2024 000727
I hereby certify that there are no outstanding taxes on the property
assigned the assessor numbers listed above, for the years indicated for
each assessor number.
C' 3 1S3AA >EEI210 N3dSV
SNOUIGNOOONUSIX3 -and
"ASOW1
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IIIIIIII II II I III IIIII IIIII IIIII IIIII IIIII IIIII IIIIIIIIIIIIIIIIIIII IIIIIIIII II IIII IIII IIII rees
p$1of 2
6-00
Debbie Pierson, Flathead County MT by DC 9/2/2075 4'68 Pt-9
After recording, return to:
Charles Harball, City Attorney
City of Kalispell
201 First Avenue East
Kalispell, MT 59901
QUITCLAIM DEED TRANSFERRING
PROPORTIONATE INTEREST IN WATER RIGHTS
FOR VALUABLE CONSltllElIATI Gib, the receipt of which is acknowledged, the
undersigned, 520 Three Mile Drive Associates, LLC:, a Delaware limited liability company, 940
Emmett Ave. Suite 200, Belmont. CA 94002-3881, as Grantor, hereby grants to The City of
Kalispell, 201 First Avenue bast_ Kalispell. ,\] T59901, as Grantee, the follolN�ing described
water rights attached to Tract 2 ol' COS 10428. on file and of record in Flathead County,
Montana. more particularly described as ]allows:
1. The entirety of the interest held by 520 Three Mile Drive Associates LLC in
t the State of Montana Department of Natural Resources Statement of Claim
76LJ 532-00.
i
2. The entirety of the interest held by 520 Three Mile Drive Associates LLC in
the State of Montana Department of Natural Resources Statement of Claim
76LJ 147253-00.
0
1 3. The entirety of the interest held by 520 Three Mile Drive Associates LLC in
the State of Montana Department of Natural Resources Statement of Claim
76LJ 147254-00.
4. The entirety of the interest held by 520 Three Mile Drive Associates LLC in
. the State of Montana Department of Natural Resources Statement of Claim
76LJ 52648-00.
[remainder of page is blank]
The parties recognize that the Statements of Claim and Provisional Permit are subject to
the Montana Water Court Adjudication and there is no guarantee the acreage, flow rate, priority
date or other elements will remain the same as they appear on the current abstracts. Together
with all easement or other rights that may be appurtenant to or associated with the foregoing
water rights, to have and to hold unto the Grantee, and to the Grantee's successors and assigns,
forever.
DATED: August 22, 2025
520 Three Mile Drive Associates, LLC,
a Delaware limited liability company
By: VPDC 2015, LLC,
a Delaware limited liability company,
its manager
By. 14�
a.
Name: Debra L. Perry
Its: �Viee President
A notary public or other officer completing this certificate verifies only the identity of the individual who
signed the document to which this certificate is attached. and not the truthfulness, accuracy, or validity of
that document.
STATE OF CALIFORNIA §
§
COUNTY OF PLACER §
On _ �7 _ �'= / � before me, L� ,Notary Public,
personally appeared Debra L. Perry who proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s�slsre subscribed to the within instrument and acknowledged to me that
he�lthey executed the same in hi er eir authorized capacity(ies), and that by hi herl_t_heir
signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted.
executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct. _
WITNESS my hand and official seal. �„ f! q, 4?•
I
rp 1
.L!.lf7 L7t3fV 1 „�
Signature
= S nt ture of Notary Public [stamp]
2
Starting Feb. 1, 2025, the online payment surcharge will change from $1 to 1.5% per transaction, with a maximum fee of $20. Note that this is separate
from the 3% credit card processing fee.
Montana Department of Natural Resources and Conservation
WATER RIGHT OWNERSHIP UPDATE ID: 276983
SELLER: 520 THREE MILE DR ASSOCIATES
PAYMENT FROM: WGM GROUP, INC/BENSON, KAREN
Payment Type: Credit/Debit Card
Description
Water -Ownership Update (1)
The Montana Department of
Natural Resources
& Conservation
Receipt
09/04/25 01:02 PM MST
WR# : 76LJ 532 00, 76LJ 52648 00. 76LJ 147253 00, 76LJ 147254 00
BUYER: KALISPELL, CITY OF
Transaction Id : 11109036630
Water -Ownership Update (2+) ($20 each additional up to a maximum total of $600)
Surcharge
TOTAL
Billing Information
BENSON KAREN
1111 E BROADWAY ST
MISSOULA, MT 59802
KBENSON@WGMGROURCOM
Thank you for your payment!
Price Quantity Amount
$100.00 1 $100.00
$20.00 3 $60.00
$6.40
$166.40
Montana Department of Natural Resources and Conservation