Ordinance 1504/Zoning and PUD01--r/ CLERK II I I III II IIII IIIIIIY II� IIII IIII IIIII III IIII � I II II II II II Page: : s of
if7 Paula Robinson, Flathead County MT by NC 9/10/30098:20 PM
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ORDINANCE N0.1504
AN ORDINANCE TO AMEND SECTION 27,02,010, OFFICIAL ZONING MAP, CITY OF
I ALISPELL ZONING ORDINANCE, (ORDINANCE NO,1460), BY ZONING CERTAIN
REAL PROPERTY AS .MORE PARTICULARLY DESCRIBED ON EXHIBIT "A",
0859800 LOCATED IN SECTION 11 TOWNSHIP 28 NORTH RANGE 22 WEST P.M.M.
0504985 3
0504987 FLATHEAD COUNTY, MONTANA (PREVIOUSLY ZONED COUNTY R-2, SUBURBAN
0504988
0504989 RESIDENTIAL) TO CITY R.--2 (SINGLE FAMILY RESIDENTIAL), WITH A PLANNED
0504991
0504992 UNIT DEVELOPMENT OVERLAY IN ACCORDANCE WITH THE KALISPELL
0504993
0504994 GROWTH POLICY 2020 AND TO PROVIDE AN EFFECTIVE DATE.
0504995
0504996
0504997
0504999 'WHEREAS, Russell J. Purdy, the owner of the property described above, petitioned the City of
050500
0505001 Kalispell that the zoning classification attached to the above described tract of land
0505002
0505003 be zoned R-2, Single Family Residential with a Planned Unit Development overlay
0505005
0505006 on approximately 31 acres of land, and
❑505009
❑505010
0505012 WHERFAS the property is located at the southwest corner of Three Mile Drive and Stillwater
0505013 p p y
0505014 Road, and
0505015
0505016
0505017
0505019 WHEREAS, the petition of Russell J. Purdy was the subject of a report compiled by the Tri-City
0505020
0505021 Planning office, Staff Report #KA-04-11 1 KPUD-04-5, in which the Tri-City
❑505022
0505023 Planning Office evaluated the petition and recommended that the property as
E001193
0505007 described above be zoned R-2, Single Family Residential with a Planned Unit
Development overlay as requested by the petition, and
WHEREAS, after considering all the evidence submitted on the proposal to zone the property as
described R-2, Single Family Residential with a Planned Unit Development overlay,
the City Council finds such initial zoning to be consistent with the Kalispell Growth
Policy 2020 and adopts, based upon the criterion set forth in Section 76-3-608,
M.C.A., and StateLEtc. v. Board of County Commissioners Etc. 590 P2d 602, the
findings of fact of TCPO as set forth in Staff Report No. KA-04-11 1 KPUD--04-5.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
IALISPELL, AS FOLLOWS:
SECTION I. Section 27,02.010, of the official zoning Map of the Kalispell zoning
Ordinance, (ordinance No. 1460) is hereby amended by designating the property described
above as R-2, Single Family Residential with a Planned Unit Development overlay on
approximately 31 acres.
SECTION II. The Planned Unit Development proposed by Russell J. Purdy upon the real
property described in Exhibit "A", attached hereto, incorporated herein, and thereby made a
part hereof, is hereby approved, subject to the following conditions:
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1. That the development of the site shall be in substantial compliance with application submitted,
the site plan, materials and other specifications as well as any additional Conditions associated
with the PUD as approved by the city council. (Kalispell Subdivision Regulations, Appendix C
----- Final Plat)
2. That covenants, conditions, and restrictions for the subdivision shall be amended to reflect the
components of this subdivision and submitted for review and approval by the Kalispell Site
Development Review Committee that includes architectural standards for both the residential
and commercial components of the prc j ect, a provision for the conservation and maintenance of
common areas and the private internal roadways that are proposed for the townhouses.
Setbacks for the townhouses accessed via an interior street shall be measured from the edge of
the roadway and shall be 20 feet in the front and rear and five feet on the sides with the
exception of the zero lot line required to achieve the townhouse configuration. The covenants,
conditions and restrictions shall also create a provision for architectural review prior to the
application and issuance of a building permit from. the City of Kalispell. (Site Development
Review Committee)
3. The commercial component of the subdivision shall not be developed until a minimum of 50
percent of the subdivision has been occupied by the residents. Additionally, the architecture
shall be of a generally residential character with particular attention given to internal access,
low level lighting, adequate landscaping, unobtrusive signage and limited hours of evening
operation. The commercial component may contain one or more parcels but may not exceed
one acre in size. (Site Development Review Committee)
4. That the development of lots in the PUD shall be subject to architectural review as outlined in
the application and supporting materials and a letter be submitted to the Kalispell Site
Development Review Committee from. the Architectural Review Committee of the
homeowners association prior to the issuance of a building permit. (Site Development Review
Committee)
S. That permits be obtained from the Flathead Conservation District, Montana Department of
Natural Resources and the Montana Department of Environmental Quality for work done along
the Spring Creek Channel or a letter from those agencies stating that the scope of work does not
require permitting. (FCCD 1 DNRC)
6. That the plans and specifications for all public infrastructure be designed and installed in
accordance with the Kalispell Design and Construction Standards and the Kalispell Subdivision
Regulations. A letter shall be obtained stating that they have been reviewed and approved by
the Kalispell Public works Department. (Kalispell Subdivision Regulations, Chapter 3, Design
Standards, Section 3.01).
7. That an easement shall be obtained from the adjoining property owner to the east granting the
right to develop the proposed 60 foot right-of-way for road and utility purposes and once
completed dedicated to the City of Kalispell as a public roadway. (Kalispell Subdivision
Regulations, Section 3.08 (A)).
3. That a minimum 20-foot buffer strip shall be established between Three Mile Drive and the
subdivision that would include a bike and pedestrian trail and buffering in the form of berrning
or landscaping or both. These improvements are to be coordinated with the Kalispell Public
0,
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Paula Robinson, Flathead County MT by NC 4/10/20098:30 PM
Works Department, Parks and Recreation Department, Flathead County Road Department and
Montana Department of Transportation. MDOT shall determine other impacts on Three Mile
Drive resulting from this development and the property owner shall comply with all
requirements of the Department to mitigate such impacts.
9. The following requirements shall be met per the Kalispell Fire Department: Kalispell
Subdivision Regulations, Section 3.20),
a. water mains designed to provide minimum fire flows shall be installed per City
specifications at approved locations. Minimum fire flows shall be in accordance with
Uniform Fire Code (1997) Appendix III -A.
b. Fire hydrants shall be provided per City specifications at locations approved by this
department, prior to combustible construction.
c. Fire Department access shall be provided in accordance with Uniform Fire Code (1997)
Article 9.
d. Secondary emergency vehicle access shall be provided at Phase IV meet the
requirements of the Subdivision Regulations (Section 3.08) and emergency vehicle
access needs.
e. Due to project phasing it should be noted that hazardous weed abatement will be
required in accordance with City of Kalispell ordinance 10-8.
10. That a letter be obtained from the Kalispell Parks and Recreation Director approving a
landscape plan for the placement of trees and landscaping materials within the five foot
landscape boulevard developed between the curb and the sidewalk. (Kalispell Subdivision
Regulations, Section 3.11).
11. That the area designated on the plat as "park" shall meet the requirements for parkland
dedication and shall be developed in accordance with a plan approved by the Kalispell Parks
and Recreation Director that provides recreational amenities including but not limited to
pedestrian access, irrigation, landscaping and play equipment so as to provide a recreational
component within the development and not simply left as passive open space. (Kalispell
Subdivision Regulations, Section 3.19).
12. That a provision be made for right-of-ways within the development that will allow for the
extension of the proposed roadway so that they will provide future access to adjoining
properties to the east. (Kalispell Subdivision Regulations, Section. 3.04).
13. That a detailed floodplain study be completed and accepted by FEMA determining the base
flood elevation for the floodplain area within the subdivision. No lots that are within 100 feet
of the 100 year floodplain as currently indicated on the FIRM panels shall be platted prior to
the completion and acceptance of the study area.
14. That a floodplain development permit be obtained from the City of Kalispell after the FEMA
study has been completed and accepted for the proposed creek crossing.
15. Structures be setback a minimum of 20 feet from the established vegetation line of the creek if
these areas are determined to be outside the 100 year floodplain.
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16. That Lots 14A and B, 15A and B, 1 6A and B be reconfigured to accommodate single family
dwellings.
17. That a letter be obtained from the Montana Department of Transportation and Flathead County
Road Department stating that the proposed accesses onto Three Mile Drive (Farm to Market
Road) have been reviewed and approved and any associated and necessary improvements have
been satisfactorily completed. (MDOT)
18. That a 60 foot right-of-way reservation be noted on the final place in the area of lots 24, 25 or
26 Phase 2 to provide ingress and egress to the adjoining parcel to the west and to avoid the
potential for an additional future access onto Three Mile Drive.
19. The roads within the subdivision shall be named and signed in accordance with the policies of
the Kalispell Public Works Department and the Uniform Traffic Control Devices Manual and
be subject to review and approval of the Kalispell Fire Department. (Kalispell Subdivision
Regulations, Section 3.09).
20. The developer shall provide a letter from the U.S. Postal Service approving the plan for mail
service. (Kalispell Subdivision Regulations, Section 3.22).
21. Street lighting shall be located within the subdivision and shall be shielded so that it does not
intrude unnecessarily onto adjoining properties. (Kalispell Subdivision Regulations Section
3.09(L)).
22. All utilities shall be installed underground. (Kalispell Subdivision Regulations, Section 3.17).
23. A landscape buffer consisting of a coniferous vegetative screen that height of six feet within
three years ofplanting be established on the southern b oundary of the development (lots 65-73.
(Kalispell Planning Board)
24. Setbacks for the townhouses will be established at five feet between the property boundary and
the eave of the building while the setbacks for the single family homes will be established at
ten feet between the property boundary and the eave of the building. [Kalispell Planning Board]
25. That a minimum of two-thirds of the necessary infrastructure for this subdivision shall be
completed prior to final plat submittal.
26. All areas disturbed during development of the subdivision shall be re -vegetated with a weed -
free mix immediately after development.
27. That a development agreement 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.
28. That preliminary plat approval for the first phase of the planned unit development shall be valid
for a period of three years from the date of approval with an automatic two-year extension as
each phase of the subdivision plat has been completed and filed. (Kalispell Subdivision
Regulations, Section 2.04) .
4
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Paula Robinson, Flathead county MT by NC a/1o/xoo9 e zo�gM
29. The landowner shall execute and submit to the City of Kalispell a waiver of right to protest the
implementation of an SID for roadway improvements that benefit the property. This waiver
shall be disclosed upon the face of the preliminary plat and shall run with the land.
SECTION IIL The balance of Section 27.02.010, official Zoning Map, City of Kalispell
Zoning Ordinance not amended hereby shall remain in full force and effect.
SECTION IV. This Ordinance shall take effect from and after 30 days of its passage by the
City Council.
PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF
THE CITY OF KALISPELL, MONTA.NA, THIS 19TH DAY OF JULY, 2004.
P',efffielaVcKennedi'41:57
Mayor
ATTEST:
Theresa White
City Clerk
A
EXHIBIT. A
RUSSELL PURDY / BOW WE CREEK ESTATES�%�X�
LEGAL DESCRIPTION ,. , G76 lC
The land referred to in this policy is situated in the State of Montana, County of Flathead and Is described as follows:
A tract of land situated, lying and being in the Northeast Quarter of the
Northeast Quarter (NE1 / 4NE1. / 4) . of Section 11, Township 28 North, Range 22
West, '.F . M . M . , Flathead County, Montana, and more particularly described as
'follows to wit:
Commencing at ` the Northeast corner of the Northeast Quarter of the Northeast
Quarter of Section 11, Township 28 North, Range 22 West, P OM- M. { Flathead
County, Montana, which is a found brass cap; thence along -the East
boundary of said NE1/4NEI/4
South 04 ` 51141 " West, 5 9.91 feet to a *found iron pin and the True Point of
Beginning of ' the tract of land herein described; thence
South 0 4 ' 5 2 ` 2 7 " We s.t 1127.30 feet to a found iron pin and the Northeast
corner of the Plat of Two Mile Tract, Ph. 2 `(records of Flathead County,
Montana) ; thence along the North boundary of said Plat '
South 8 9 ' 3 0 ' 5 6 " West 12 6 6.4 6 feet to a found iron pin on the West boundary
of said NE1 / 4NE1/ 4 and the Northwest corner of said Plat; thence leaving
said Plat and along the West boundary of said NEl/4NEI/4
North 02 ' 50 ' 18 " East 426.98 feet to a found iron pin; thence
North 02 ' 47 ' 58 " East 317.12 feet to the approximated thread 'of a creek;
thence along said thread the following Eleven (11) courses
North 75049,11411 East 48.91 feet;
North 22 *55' 03" East 26. 82'feet;
North 63 ' 08' 45" East 45. 05 feet. -
South 259121471, East 25 .96 feet, -
South 43 ' 17' 3711 East 16.90 'feet;
'South 79937,15011 East 54.16 feet;
South 10 * 47 13 8 " East 31.22 feet;
South 53 ' 21' 49" East 7.99 feet;
North 41'26'44" East *11..50 feet$
North 75 ' 37' 48" East 24.96 feet;
South 67 ' 18' 30" East 23.50 feet; thence leaving said t1jread
North 56' 42' 1.6" East 83.11 feet to a set iron pin; thence
North 02 ' 47 ' 58 t' East 375.21 feet to a set iron pin on the Southerly R/W of
Three Mile Drive; thence along said Southerly R/W
North 89 * 54' 57" East - 475 22 feet to a found iron pin; thence
South 05 ' 50' 17 E' East 12 . 03 feet to a found R/W monument; t-hence.
South 8 9 ' 5 8 ' 3 9 1' East 521.62 feet to the Point of Beginning.
Tract .2 , Certificate of Survey No. 15888.
According to the Flathead County tax rolls the property address for the
insured description is as follows: None given.
THE END
IIIIflIIId1119111GIIIAIIIRIIINIIINIIINIIItlIIIdIII0111nIIIRIIINIIIBIIINIIII Pase°6°�6934
Paula Robinson,, Flathead county MT by N< Fee::;ex.00
4/10/3009 8:20 AM
WITNESSETH
(� WHEREAS, KBCA is the fee owner of certain real property located in Kalispell, Flathead
(� County, Montana, which is further described in Exhibit A attached hereto and is hereinafter referred
to as "Subject Property"; and
Q WHEREAS (i) KBCA desires to have the Subject Property rezoned from County R-2
Suburban Residential to a City R-2 (Single Family Residential) with a Planned Unit Development
overlay (PUD), developed pursuant to said zoning change; (ii) a predecessor in interest to KBCA
filed a PUD Application containing (a) a Zone Change Application, (b) a PUD Narrative
Supplement with Exhibits, (c) a Perimeter Legal Description, (d) a Title Report, (e) a Covenant
Conditions and Restrictions (CC&R'S's) covering the Subject Property, and (f) Large Map
Exhibits; and
WHEREAS, in order to allow the PUD, assure the installation of infrastructure
improvements within the Subject Property, and prescribe the permitted uses within the subject
� property, the parties hereto determine it to be in their interests to enter into this Development
Agreement.
O
L GENERAL INTRODUCTION
� § 1.01 General
The use and development of the Subject Property shall substantially conform to and comply with
P J P Y Y PY
the provisions of the PUD Application, dated May 5, 2004, Ordinance 1504 — PUD Approval and
�� the conditions contained within Kalispell City Resolution No. 4906 conditionally approving the
rt preliminary plat of the Bowser Creek Estates PUD (now known as Aspen Creek Estates) and
� incorporated fully herein by this reference.
§ 1.02 Relationship to Zoning Ordinance
Except as specifically modified or superseded by the Development Agreement and the annexed
drawings, and the PUD Application, dated May 5, 2004, the laws, rules and regulations of the City
of Kalispell governing the use and development of land and buildings, including the City of
Kalispell Zoning ordinance, shall apply to the Subject Property.
1
§ 1.03 Drawings
The drawings attached to this Planned Unit Development Agreement as Exhibit B — Final Plat for
Aspen Creek Subdivision -Phase 1 and Exhibit C — Preliminary Plat of Bowser Creek Estates
showing the portion now known as Aspen Creek Subdivision -Phase 2, are an integral and essential
component thereof, and they are incorporated by reference herein.
§ 1.04 Effectiveness and Cancellation
The provisions of this Planned Development Agreement shall become effective immediately and
shall terminate upon the issuance of a building permit(s) for development of the last improvement
on the Subject Property. However, this Agreement shall continue to be in effect as a zoning overlay
for the subject property subject to the terms of this Agreement. This Development Agreement may
be modified or amended only as set forth below.
§ 1.05 Certification Procedure
Whenever in this Planned Unit Development Agreement a certificate by the Director of Public
Works is required to be given, such certificate shall be given within thirty (30) days of the receipt of
a completed application. Such an application shall be deemed to be complete upon receipt of such
drawings and narrative information as are reasonably necessary for the issuance of such
certification.
II. PARCEL DESCRIPTION
§2.01 The Subject Property shall be developed with the infrastructure improvements set forth
below.
III. CONDITIONS OF DEVELOPMENT
§3.01 The parties agree to the following conditions of development:
1. Development of the site shall be in substantial compliance with application submitted,
the site plan, materials and other specifications as well as any additional conditions
associated with the PUD as approved by the city council.
2. The CC&R's for the subdivision shall reflect the components of this subdivision and
submitted for review and approval by the Kalispell Site Development Review
Committee that includes architectural standards for both the residential and commercial
components of the project, a provision for the conservation and maintenance of common
areas and the private internal roadways that are proposed for the townhouses. Setbacks
for the townhouses accessed via an interior street shall be measured from the edge of the
roadway and shall be 20 feet in the front and rear and five feet on the sides with the
exception of the zero lot line required to achieve the townhouse configuration. The
CC&R's shall also create a provision for architectural review prior to the application and
issuance of a building permit from the City of Kalispell.
2
3. The commercial component of the subdivision shall not be developed until the residents
have occupied a minimum of 50 percent of the subdivision. Additionally, the
architecture shall be of a generally residential character with particular attention given to
internal access, low-level lighting, adequate landscaping, unobtrusive signage and
limited hours of evening operation. The commercial component may contain one or
more parcels but may not exceed one acre in size.
4. The development of lots in the PUD shall be subject to architectural review as outlined
in the .application and supporting materials and a letter be submitted to the Kalispell Site
Development Review Committee from the Architectural Review Committee of the
homeowners association prior to the issuance of a building permit.
5. Permits shall be obtained from the Flathead Conservation District, Montana Department
of Natural Resources and the Montana Department of Environmental Quality for work
done along the Spring Creek Channel or a letter from those agencies stating that the
scope of work does not require permitting.
6. The plans and specifications for all public infrastructures shall be designed and installed
in accordance with the Kalispell Design and Construction Standards and the Kalispell
Subdivision Regulations. A letter shall be obtained stating that they have been reviewed
and approved by the Kalispell Public works Department.
7. An easement shall be obtained from the adjoining property owner to the east granting the
right to develop the proposed 60-foot right-of-way for road and utility purposes and once
completed dedicated to the city of Kalispell as a public roadway.
8. A minimum 20--foot buffer strip shall be established between Three Mile Drive and the
subdivision that would include a bike and pedestrian trail and buffering in the form of
berming or landscaping or both. These improvements are to be coordinated with the
Kalispell Public works Department, Parks and Recreation Department, Flathead County
Road Department and Montana Department of Transportation. MDOT shall determine
other impacts on Three Mile Drive resulting from this development and the property
owner shall comply with all requirements of the Department to mitigate such impacts.
9. The following requirements shall be met per the Kalispell Fire Department:
a. Water mains designed to provide minimum fire flows shall be installed per City
specifications at approved locations. Minimum fire flows shall be in accordance
with Uniform Fire Code (1997) Appendix III -A.
b. Fire hydrants shall be provided per City specifications at locations approved by
this department, prior to combustible construction.
C. Fire Department access shall be provided in accordance with Uniform Fire Code
(1997) Article 9.
d. Secondary emergency vehicle access shall be provided at Phase 2 meet the
requirements of the Subdivision Regulations (Section 3.08) and emergency
vehicle access needs.
e. Due to project phasing, hazardous weed abatement will be required in
accordance with City of Kalispell Ordinance 10-8.
3
w
10. A letter shall be obtained from the City of Kalispell Parks and Recreation Director
approving a landscape plan for the placement of trees and landscaping materials within
the five-foot landscape boulevard development between the curb and the sidewalk.
11. The area designated on the plat as "park" shall meet the requirements for parkland
dedication and shall be developed in accordance with a plan approved by the Kalispell
Parks and Recreation Director that provides recreational amenities including but not
limited to pedestrian access, irrigation, landscaping and play equipment so as to provide
a recreational component within the development and not simply left as passive open
space.
12. A provision shall be made for right-of-ways within the development that will allow for
the extension of the proposed roadway so that they will provide future access to
adjoining properties to the east.
13. A detailed floodplain study shall be completed and accepted by FEMA determining the
base flood elevation for the floodplain area within the subdivision. No lots that are
within 100 feet of the 100-year floodplain as currently indicated on the FIRM panels
shall be platted prior to the completion and acceptance of the study area.
14. A floodplain development permit shall be obtained from the City of Kalispell after the
FEMA. study has been completed and accepted for the proposed creek crossing.
15. Structures shall be setback a minimum of 20 feet from the established vegetation line of
the creek if these areas are determined to be outside the 100 year floodplan.
16. Lots 14A and B, 15A and B, 16A and B (as shown on the Preliminary Plat) shall be
reconfigured to accommodate single-family dwellings.
17. A letter shall be obtained from the Montana Department of Transportation and Flathead
County Road Department stating that the proposed accesses onto Three Mile Drive
(Farm to Market Road) have been reviewed and approved and any associated and
necessary improvements have been satisfactorily completed.
18. A 60-foot right-of-way reservation shall be noted on the final plat in the area of lots 40
and 41 to provide ingress and egress to the adjoining parcel to the west and to avoid the
potential for an additional future access onto Three Mile Drive.
19. The roads within the subdivision shall be named and signed in accordance with the
policies of the Kalispell Public works Department and the Uniform. Traffic Control
Devices Manual and be subject to review and approval of the Kalispell Fire Department.
20. The developer shall provide a letter from the U.S. Postal Service approving the plan for
mail service.
21. Street lighting shall be located within the subdivision and shall be shielded so that it does
not intrude unnecessarily onto adjoining properties.
►•1
W
22. All utilities shall be installed underground.
23. A landscape buffer consisting of a coniferous vegetative screen that height of six feet
within three years of planting shall be established on the southern boundary of the
development Lots 65-73 as shown on the Preliminary Plat.
24. Setbacks for the townhouses will be established at five feet between the property
boundary and the eave of the building while the setbacks for the single family homes
will be established at ten feet between the property boundary and the eave of the
building.
25. A minimum of two-thirds of the necessary infrastructure for this subdivision shall be
completed prior to final plat submittal.
26. All areas disturbed during development of the subdivision shall be re -vegetated with a
weed -free mix immediately after development.
27. The preliminary plat approval for the first phase of the planned unit development shall
be valid for a period of three years from the date of approval with an automatic two-year
extension as each phase of the subdivision plat has been completed and filed.
28. The landowner shall execute and submit to the City of Kalispell a waiver of right to
protest the implementation of a SID for roadway improvements that benefit the property.
This waiver shall be disclosed upon the face of the final plat and shall run with the land.
IV. AMENDMENT OR MODIFICATIONS OF DEVELOPMENT AGREEMENT
§ 4.01 This Development Agreement may be amended or modified only, by application of the
owner, in accordance with the procedures set forth herein.
1. Application for amendment or modification may be made to the City of Kalispell Site
Review Committee by any fee owner or ground lessee of the Subject Property. For
purposes of this Article, "fee owner" shall not include the owner of an individual unit
owned in whole or in part pursuant to the Unit ownership Act Condominiums, Title
70, Chapter 23 Montana Code Annotated (or any successor statutes).
2. Modifications of this Development Agreement which are determined by the Site Review
Committee to be minor modifications shall require only the consent of the Site Review
Committee, and shall not require the consent or approval of the City Council or any
other public agency.
3. All amendments and modifications to this Development Agreement other than minor
modifications shall require the approval of the City Council of the City of Kalispell.
4. All applications for modification or amendment of this Development Agreement shall be
filed with the Site Review Committee and the Site Review Committee shall promptly
determine whether the modification is minor or major.
RJ
200625JL I . L13) 0
5. The Site Review Committee shall make its determination with respect to any application
for a minor modification subject to this Section within fifteen (15) days after it
determines the application to be subject to said minor modification.
6. If the amendment or modification requested is of such a nature as to require approval of
the City Council, the Site Review Committee shall refer the matter to the City Council
within fifteen (15) days after it determines the matter requires Council review.
7. The owner may appeal any decision of the Site Review Committee to the City Council,
who may affirm, reverse or modify the Site Review Committee decision.
V . CONSTRUCTION PHASING
§5.01 General Requirements
1. No building permit in respect to any building shall be issued by the Building Department
until:
A) The Zoning Administrator has certified to the Building Department that proposed
building(s) substantially conform to the requirements set forth above.
B) The Director of Public Works has certified to the Building Department that the
infrastructure improvements and roads required as shown on the drawings submitted
by the developer substantially conform to the conditions contained in this Agreement
and that said improvements have been constructed or security guaranteeing the
construction has been received by this City.
For purposes of this Section, the "Security" required shall be in an amount equal to
125% of the developer's Licensed Engineer's estimate of the cost of constructing said
improvements. The estimate is subject to review and acceptance by the Director of
Public works based upon the reasonableness of the estimate.
VI. SEQUENCING
§6.01 General
1. The phases and their associated portions of the Common Area are intended to be as
stand-alone developments within the Subject Property. The sequencing of infrastructure
improvements must conform to the requirements set forth above.
2. The infrastructure improvements associated with the phases located on the Subject
Parcel shall be substantially completed by July 6, 2007 or two years thereafter as an
extension for each phase of the subdivision as each has been completed and filed. If said
infrastructure improvements, required within the respective phases of the Subject Parcel,
are not completed within three years plus the automatic extension time, the Council shall
redesignate the undeveloped portion of the Subject Property in accordance with the City
of Kalispell Zoning Ordinance.
C1
20062511 14 51 0
VII. MISCELLANEOUS
§7.01 Effective Date
This Agreement shall be effective immediately and shall remain in full force and effect until all
phases within the Subject Property are developed or July G, 2007 or two years thereafter as an
extension for each phase of the subdivision as each has been completed and filed, whichever occurs
last. However, this Agreement shall continue to be in effect as a zoning overlay for the subject
property.
§7.02 Severability
In the event that any provisions of this Declaration shall be deemed, decreed, adjudged or
determined to be invalid or unlawful by a court of competent jurisdiction, such provision shall be
severable and the remainder of this Agreement shall continue to be of full force and effect.
§7.03 Recordation
This Agreement shall be recorded along with the CC&R's with respect to the Subject property.
§7.04 Entire Agreement —Primacy
This Agreement constitutes the entire agreement between the parties and may only be amended as
set forth herein. In the event, during the term of this Agreement, there is a variance between the
provisions of this Agreement and the CC&R's, this Agreement shall take precedence.
§7.05 Binding Effect
This Agreement shall be binding upon and inure to the benefit of the respective parties heirs,
successors and assigns.
Dated this Soh day of August, 2006.
KALIS PELL B O W S ER CREEK. ASSOCIATES, LLC ,
a Montana limited liability company
CITY OF KALISPELL
B■ f
Jan'res H. Patrick, City Manager
By:
Charles Harba 1, ity AAtto-mey
VA
STATE OF CALIFORNIA
COUNTY OF SAN FRANCISCO
On 8 16-3 before me a NotaryPublic in and for said Count and
Y
State, personally appeared 'rC-. per; , personally known to me (or proved to me on
the basis of satisfactory evidence) to be the persons 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.
WITNESS my hand and official seal.
.i
Srg otary
DONA GOM�EZ
R
Commission #1468942
rn
Z it Notary Public - California
Son Francisco County
My Comm, Expires Feb 8, 2008
(For notary seal or stamp)
�.c os251JAq,3jo
STATE OF MONTANA )
ss
County of Flathead )
On this 30th day of August, 2006, before me, a Notary Public in and for the State of
Montana, personally appeared James H. Patrick and Charles A. Harball known to me to be the
persons whose names are subscribed to the foregoing instrument, and acknowledged to me that they
executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal, the
day and year first above written.
Notary Public, State of Montana
Residing at 1 i, �
My Commission expires
EXHIBIT A
Legal Descrij2fion
Phase 1
A tract of land located in the Northeast quarter of the Northeast quarter of Section 11, Township 28
North, Range 22 West, Principal Meridian, Montana, Flathead County, Montana, being more
particularly described as follows:
Commencing at the Northeast corner of the Northeast quarter of the Northeast quarter of Section 11,
Township 28 North, Range 22 West, Principal Meridian, Montana; thence 504'54'29"W along the East
line of said quarter, quarter section, 59.94 feet to the Northeast corner of Tract 2 of Certificate of
Survey No. 15888, records of Flathead county, and the POINT -OF -BEGINNING; thence
SO4°52'27"W along the East boundary of said tract, 1127.29 feet to the Southeast corner of said tract;
thence S89°30'56"W along the South boundary of said tract, 474.71 feet; thence N35°33'34"E 49.44
feet; thence N34°31'43"E 69.52 feet; thence N55°02'35"W 108.46 feet; thence N34°57'25"E 22.50
feet; thence N15°28'07"W 51.93 feet; thence N55°02'35 "W 78.92 feet; thence northerly along a non -
tangent curve, concave to the West, having a radius of 180.00 feet, a central angle of 09°02'23", a
chord bearing of NO1 °31'09"W and a chord distance of 28.37 feet, an arc length of 28.40 feet; thence
N06002'20"W 272.97 feet; thence 577'50'25 "W 60.36 feet; thence Northwesterly along a non -tangent
curve, concave to the Southwest, having a radius of 100.00 feet, a central angle of 52° 13'05", a chord
bearing of N33°00'20"W and a chord distance of 88.02 feet, an arc length of 91.14 feet, thence
N59006'52"W 43.10 feet; thence northwesterly along a tangent curve, concave to the Northeast, having
a radius of 170.00 feet and a central angle of 30°29'38", an arc length of 90.48 feet; thence
N87026'32"W 177.89 feet to a point on the westerly boundary of said Tract 2; thence N56°42'16"E
along said boundary, 64.06 feet; thence NO2°47'5 8 "E along said boundary, 375.21 feet to the
Northwest corner of said tract; thence N89°54'57"E along the North boundary of said tract, 475.22
feet; thence S05°50'17"E along said boundary, 12.03 feet; thence S89°58'39"E along said boundary,
521.62 feet to the POINT -OF -BEGINNING, containing 19.227 acres.
Phase 2
A tract of land located in the Northeast quarter of the Northeast quarter of Section 11, Township 28
North, Range 22 West, Principal Meridian, Montana, Flathead County, Montana, being more
particularly described as follows:
Commencing at the Southwest corner of Tract 2 of Certificate of Survey No. 15888, records of
Flathead County, and the POINT -OF -BEGINNING-; thence N02050' 18 "E along the West boundary of
said tract, 426.98 feet; thence NO2°47'58"E along said boundary, 317.12 feet to the approximate thread
of a creek; thence along said thread the following eleven (11) courses: N75 °49' 14"E 48.91 feet;
N2205 5'03 "E 26.82 feet; N63 °08'45 "E 45.05 feet; S25 ° 12'47 "E 25.96 feet; S43 ° 17'37 "E 16.90 feet;
S79037'50"E 54.16 feet; S 10°47'38 "E 31.22 feet; S53 °21'49"E 7.99 feet; N41 °26'44"E 11.50 feet;
N75037'48 "E 24.96 feet; S67° 18'30"E 23.50 feet; thence leaving said thread N56°42' 16"E 19.05 feet;
thence S87°26'32"E 177.89 feet; thence southeasterly along a non --tangent curve, concave to the
Northeast, having a radius of 170.00 feet, a central angle of 30°29'38", a chord bearing of S43°52'03"E
EXHIBIT A
Page I of 2
and a chord distance of 89.41 feet, an are length of 90.45 feet; thence S59°06'52"E 43.10 feet; thence
southeasterly along a tangent curve, concave to the Southwest, having a radius of 100.00 feet and a
central angle of 52° 13'05", an arc length of 91.14 feet; thence N77°50'25 "E 60.36 feet; thence
S06002'20"E 272.97 feet; thence southerly along a tangent curve, concave to the West, having a radius
of 180.00 feet and a central angle of 09°02'23", an are length of 28.40 feet; thence S55°02'35"E 78.92
feet; thence S 15°28'07"E 51.93 feet; thence S34°57'25"W 22.50 feet; thence S55°02'35"E 108.46 feet;
thence S34°31'43"W 69.52 feet; thence S35°33'34"W 49.44 feet to a point on the South boundary of
said Tract 2; thence S 89°30'56 "W along said boundary, 791.75 feet to the POINT -OF -BEGINNING,
containing 11.540 acres.
EXHIBIT A
Page 2 of 2
EXHIBIT B
Final Plat Drawing -- Phase I
(2 pages attached hereto)
�C
4
OWNERELL BOWSER CREEK ASSOCIATES, LLG,
NTA A LF" ` D UkBILITY COMPANY
13Y,.- THMAS, DEAF AND HOSKINS, INC. ASPEN CREEK S1,
1 SEE M DRY SUS 10 1
KAUSPEU,, Nff. 59901 LOCATED IN THE NORTHEAST QUARTER
PHONE: (406) 751-5246
DATE.- JUNE., 2006 TOWNSHIP 2:8 NIORTH, Rj�1!1111111�NllGF 22 iE
N8Gr56035'*W1 6;9 "
T H R E E I L E D R
WKIR p
a: 40 up
.,rRECREA110NAL AREA
-- � � .490 .
s-i (CC*MAERC4AU
to � A.
.8 A.
]` 4.5
�---�- 79.E 4
'i
.......... 22A
�-`, - 'OL
. ,
di
IL
TRACT 1
C.O.S. 15888rt HOMEOWNERSPARK N.,O1 Im 0
45
ROAD RESERVATION � SW9492.510 t
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f
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. .174 AC.
PHASE 2 (NOS' A PART)
1 1 . A. p},
HOMEOWNERS31
S. x .198 .
PARK NO. 2 !4b cr�
fri a- (ED
2.149 AC. vt
N.
EFS
Av
iA
i
i
LT 32 WEST VIEW DRIVE
T W 0 M I L E T R A C T S P H A S E 2
OWNER. KAUSPELL BOWSER CREEK ASSOCIATES, LLC,
MONTANA LIMED LLAB11= COMPANY
BY: THOW, DEAN AND HORNS., INC.
31 THREE MILE DRY SUITE J101
MT. 59WI
FHONE: 06) 751-5246
D. JUNE, 2006
l we , the undersigned property o er s * do hereby certiffythat I we
hove caused to be surveyed and platted into lots, streets. Paris and
e'ect nal oreo as shown by the pJat and carti f*a to of suntey hereunto
the followinig described tract of londt to wit:
tract of land mated in the Northeest quarter of the Northeast quarter
f Sec t ion 11 # Township 28 North, lane 22 West, Principal Meridian,
Montano,, Fla tend County, Mon tans, beting more particulcuiy described as
follows:
Convnencing at the Northeost corner of the Northeast quarter of the
Northeast quarter of S�actian 11. Towip 28 North, Mange 22 West#
Principal Meridian, onto thence SOS 54* along the East fine of
said quarter, quarter section, 59,94 f ee� to the Northeast corner of Tract
of Certificate of Survey No. 15888. reams of Flathead county. and the
POINT- 01r -BEG INNING * thence SO4.'52'27W Wong the East boundary of scid
tract. 1127.29 feet to the Southecmt air of said tract; thence
S 30 * 56along the South boundary of said t root. 474.71 feet; thence
U55** " 49.4-4 feet* thence N34*31"43E 69.52feet; thence
N55"02"35ft'W108.46 feet; sae 37*t50 feet thence
1 w ;"` 1.93 feet* thence 1 * r 78.92 feet. thence r rt er r
akog a non - tcog erg t curve,, concave to the West, *ving a radius o
180.00 feet, a aen tro l aNle of Off` 0 * 3"# a aid Ong of N 1' 1
and o chord distance of 28.37 feet,, an orc 1"th of 28.40 feet* theme
N060 * 0' 7 . 7 feet* thence 77 50" 60.36 feet; thence
NorthwestNorthwestedy okmg a non-tongent curve, concave to the Southwest,
Ong a rags of 100.00 feet, a centres "a of 1 ' '* a aid
4ecuinq of N3X00'20R4W and a cad ctistanc a of 88.02 feet* an arc 1"th
of 91.14 fet ; thence N5SrO6'52W 4,3.10 feet thence nodh westerly o
a tangent curve+ concave to the Northeast. haviin a radius of 170.00
feet and a centrcd an ie of 3 ' g' 3 *, are = "th of 90.48 feet*
theme N8726032V 177.89 feet to a point an the westerly boundory of
soid Troct * thence NST42"167E along said boundary. 64.06 feet: thence
l 47*58" said boundary, 375.21 feet to the Northwest corer of
said tract; tie N8' k "E alb the North teary of soid tract,,
475.22 feet; thence w * 17 akng soid boundary, 12.03 f t4 tie
S '` 58' along soid bomdory., 521-62feet to the POINT-OF-SEGINNU4G.
can tainuon 19.227 acres,
The above described tit c4 land is dezignoted and to be known as pi o t
of open Crftk 3 is n - use % mated in the Northeast ctuarter of
the Northeast qwrter of Seams 1 1 * Township 28 Nth, barge 22 west
Principol Meridian, Montwv3,, Flotheod County, liontom+ cnd cH the land
inizWed in tM str" is and road rest tin l s hereby dedicated to the
City of KofispeU for rood wW u till r purposes.
tract of land mated in the Northeast quarter of the Northeast quarter
of Sects 11, Township 28 North. Rom 22 West., Principal Meriden*
Monte* Flathead County. Montana, being more parUculody described as
follows:
Commencing at the Southwest comer of Tract 2 of Certificote of Survey
No. 15 # records of Flotoad county,, and the POINT -OF -BEGINNING;
thence NOZ50"18"E along the West boundary of soid tract, feet;
theme NO2*47'58"E along sold boundary. 317.12 feet to the aWa i ate
thread of a creek-, theme oil said thread the foH awing eleven (11)
courses: '49" 14" . 1 1 feet; 2Z"03' E t feet;
N6X08"45'E
45.05 feet; ' 1 * feet* S43'17"37E 16.90 feet* ' "
54.16 feet, SIU47*38"E 31.22 feet S5X21"49E 7.99 feet-- 4-1` 6'44'+
11.50 feet; # ' 'E 24.96 feet: 1 #30' ,50 feet* thence leaving
said thr� ` R 1 1 t feet; thence S87** 177.89 feet -
the -nee south steel along a non -tangent awe, concave to the Northeast,
havimig a radius of 170.00 feet. a central on le of 3 ' `38'. a chord
bea ri n of ' " 3 and a chard distance of 89.41 feet, on ora length
of 90.48 feet, thence S,' r " " 43.10 feet; thence southeosterly alon
a tang ant awe, gave to the Sou t hwezt having a bus of 100-00
feet and a central angle of 1' D er, on arc length of91.14 feet*
thence 7` ' 60.3 feet-, t hence S0 ' ' "2724.97 feet thence
southedy along a tangent care' concave to the Wes t f having a rad s a d
180-00 feet end a central angle of 0-T' arc length of 28.40
feet-, thence S5'3'"E 78.92 feet* thence 1 � *0 1.93 f eet;
thence S34*57625V 22.50 feet; thence S5602'35'E 108.46 feed, thence
S34' 1 '43'W 69.52 feet; thence S34 . feet to o point on the
South boundary of said Tract * thence S8*30* ak:mg sold boundory.,
791.75 feet to the POINT -OF- BEGINNING, containing 11.540 acres.
DIMENSIONS FOR TOWNHOUSE
ACCESS & UTILITY EASEMENTS
00,0 01
1.01
0-4
Ap Z
,.'100
< 23A
22A \
Ll
1B i9A
LS■ �ti.. �` ..�■ � �� .irk +ti,f �..� � 1 }
cow
�-188
M L
1 �
20B
1A
-"-�
4
To,,
\S� Ve
UNE TA8LE
;4CE
LLNE
�!
L9
1 ' 7
t'
1..
N5Y 1 * 7"
. '
#.51
# 1 * 7
10.00 IF
3F 1 '7
10.00
L53
SOS*
,.
L54
N5` 1
1 s
L55
N5T23*47"E
t '
5W' 7
. .4
H2'�
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L58
S63' . 0
.
15.09
L59
N=4 r0
. '
L60
W 7' 1 "
19.58 `
L6 1
25# 1
L2
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22.00"
1.3
S`' 4 1 T
8.74 ■
L64
SW25' 1
1 . "
L65
S85110'r33T
1.3. 8r
.L66.1Ste'
10# 3"
12.02 '
S
0
CURVE TABLE
LURRVE
LENGTH
RADIUS
DELTA
CHORD C�Mj4
49
12.19
1 . d'
4*59*119 "
12.191F 1� �''/� 1 ' '
5
C50
'Mmp�' 12.01'
200.00"
y *
12.0 1
1
13.761
;00-00'
X56"30 op
1 . Y' V 4 *
501 1*
L.-I I.._. I ... ___ A
U, 3114us AW 0 VD&ftj
Kalispell Bowser Creek Associates, LLC (Owner) her
right to protest which it may have 'in regards to t
by e City of lafi spell , to inl do to a Sal ipra
update of roads ire the area' to City standards, wt
this sub diri sion; provided however that Kalispell So,,
LLC understands thct (he/she/it/ they) retains the
amount of assessment unposed as a re It of the
Improvement District,
Kalispell Bowser Creek AsS00"ates* LLC agrees that
to, with and be bindbindng on the title of the reol pet
and steal i be bindingon the heim. ossigns. a es�
purchasers, and ony and ail subsequent hailers or
pray shown an the pint of Aspen Creek Sub M'
Z�L�T;�i��'�T
LOTS
WT
AFEA
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AMA
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1
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f4OTE t ALL LOTS TO BE TAXED ON
AS SET FORTH IN THE irYANG
20()6251L
EXHIBIT C
i
Preliminary Plat Drawing -- Phase Z
(3 pages attached hereto)
t
j
� RUBSJ. PURDY
w
BY: THOU, DEAN AND HOSKNS, INC.
90 Nth IAN SUM A 01
KAUSPMT, 59901
PHONE: 4 —4
DATE: MAY, 2004
uE TABLE
u
BEING
DISTANCE
L
. '
L2
L3
N2Z44"52*E
82'
L
" 4
45.�*
L5
•58
L
1 "
L7
SlCr#*
1-'
L8
S5#000
�1'
L9 I
1 * 1 "'OE
11.50E
L10N
.
0. - NZ&2z "No
.24. 2
1 1
L
'
r
235
it 5W
w
2356 SY.
fY
8
1 4.'
i
dh 8
i
!i
T
W
uftiAL�
32.ar
b
g s4.00•
g 1808 S.F. $
se.oW
DEfAL- TOY IS)
AFEA TOTALB----------
SINGLE FAMILY LOTS
TOWNHOUSE LOTS
COMMERCIAL LOTS
HOMEOWNER'S PARK
RECREATIONAL AREA
ROADS
A�j &ITA,
COUNTY,, MONTANA.
���I03Z�J
9*702 AC.
7.072 AC.
0*936 AC.,
8-.588 AC.
0.551 AC.
5.919 AC.
.100 dFL160.
SUBDIVISION SUMMARY
PROPOSED USES
UTILITIES
SINGLE FAMILY LOTS (54)
NAit1RA! GAS (NOITMWESTERN ENERGY)
TOWNHOUSE LOTS (42)
ELECTRICITY (F.E.C.)
COMMERCIAi. LOTS (2)
TELEPHONE (CENTURYTEL)
C►48i.E IV (BRESNAN)
CONSTRUCTION
WATER (CffY OF iUWSPELL}
SCR CRY OF KA1.i5PELE.)
PRIVATE READS
SOLID WASTE (FLATHEAD CO. LANDFILL)
60' ROW
24' pg11EkAEN-r'
LAND USE REGULATION
5' WAUCNG PATH
ZONING (R-3 PUC]—ICAI.iSPEll)
HOMDWNER'S ASSOCIATION
COVENANI'S do ARCHITECTURAL
REVIEW
0 60' 120' 1800
1 1 1 1 1 ---------- -
S C A L E
TRACT 1
C.Q8. 15941
0 ow
62ZDIL
22 CO G
0.50 AC.
4
0.1
2
to 0*17 AC.
26
0.16 ACV
27
. 18 AC.
is
r
A--�odi
59 6 81 62
1.18 Ac. 7: 0. 18 AC. v- 017 AC. 9 0.17 ACM
p... zq
M. 1
S, 20'45.1 '
WEST VIEW
M I L E
i
i 7
J. PURDY
TH MAS, DL4N AND HOSKNS, INC.
90 NOS urRrnIAN S= #101
KALLSP MT. 59901
SINE: 7 — 6246
DATE: MAY. 2004
PRELIMINARY PLAT OF
BOWSER CREEK ESTATES
LOCATED IN THE NORTHEAST QUARTER OF THE
NORTHEAST QUARTER OF SECTION 11, TOWNSHIP 28
NORTH, RANGE 22 WEST, P.M.M., FLATHEAD
COUNW, MONTANA.
TOPOGRAPHY, ROAD
LEGEND
I a_: ( a !l _: q- f ti-A 6; P)MA
IST114PROPERTY F1N
50
1/16TH ENE
E)
1 4 CORNER
EKISTING WATER ICI
EXISTING EWER MAJN
EXISTING SCR MANHOLE
PROPOSED WATER I N WIVAL1
PROPOSED HYD #&NT
PROPOSED UFT STAB SITE
PF PSED SCR MAIN (GRAVITY)
POSED SMM MAIN (FORCE)
PROPOSED SE1 E:R MAN14OLE
COIF 1 R LINE (11 p I NTERVAL)
CONTOUR LI N " INTERVAL
GRAB EDGE
-M0U f3t
BUILDING
TREE
X
FENCE
MSTING CULVERT
�E - SHRUB WUNDA1Y
DFW NAGE ARROW
P ROBS ED RIPRAP OLFTFLLL PAD
PROPOSED STORM DR 1 INLET
`
U 1LAY POLE S PP RT
DaSTING OVERHEAD POWER
POSED SIDEWALK
PROPOSED /CURB & GAR
EXISTING GATE
EXtnNG TRAFFIC SIGN
PROPOSED CULVERT
CONNECT TO EX
STATION (BLUE
- llllw� -i
ow m
qhmmhk
oftolmh
4MMIRM OAL
■ ammmp #
~ mm-Ir
1
s f J. PAY
t
r BY: THOU, DFAN AND HOSENS, ING.
90 NOS �#101
KALL"M UT. m1
PHONEV 4G8—246
DATE: MAY, 2CO4
20OG��IIMI�TARY PLAT OF
BOWSER CREEK ESTATES
LOCATED IN THE NORTHEAST QUARTER OF THE
NORTHEAST QUARTER OF SECTION 11, TOWNSHIP 28
NORTH, RANGE 22 WEST, P.M.M., FLATHEAD
COUNTY. MONTANA.
PHASING, FL
TRAFFIC FLOV
Sao' za� 12.d
4" ODNp4'E7� TACK COAT ALLSICF�UIEX 7'fP /—BOULEMMSMACESFEJhSF'FNLT
ODURSE PER TM 1 124' OF 46' MOM SELECT,
(95X T-90) 3. - $LO-My 95X COMPACTWN
]~./CRt=cGR^VL PER AASM T
97X ODWACTM
Ak%MT-
rr■r"I•+r it % ^R%tnr
�t
E
Wf H J2 AT 1 •
O.C. WAYS
(CMIMED N SLAB)
NO SCALE
G N D
��■■
NG
(YW PAIN
APPROX. FLOODPLAIN
PROPOSED PATH
—la—
� �
DPLAIN,
DETAILS
-4- QF 4q' �
.. GRAAEL LW= CURB
9M
PER AAS M. 1r-.Mod
3.4' I.Or
I r ig -