Staff Report/Final Plat Unit No. IFlathead Regional Development Office
Room 414
KalispelL Montana91
Phone: (406) 758-5980
Fax: () 758-5781
April 28, 1999
Al Thelen, Interim City Manager
City of Kalispell
P.O. Drawer 1997
Kalispell, MT 59901
Re: Final Plat for The Willows Unit No. 1 Subdivision
Dear Al:
Our office has received the application for final plat approval of the Willows Unit No.
1 Subdivision, a 36 lot residential subdivision on the east side of Willow Glen Drive.
This is the first phase of the two phase 87 lot subdivision At the time this property
was proposed for development it was in the County jurisdiction and was given
preliminary plat approval, as was the past policy. Preliminary plat approval for this
subdivision was granted by the commissioners on April 1, 1997 subject to 16
conditions. This property has been annexed into the city and now has a zoning of R-
3, single family residential. The following is a list of the conditions of approval and a
discussion of how they have been met.
�a.;if.. �"#�"'��+Z�r�'t-y��ti�C��i�alT�"• �. s
Condition No. 1.That the development of the site will be in substantial conformance
with the approved preliminary plat which shall govern the general location of the lots,
easements and roadways.
® This condition has been met. The final plat design complies with the preliminary plat
approved.
Condition No. 2.That the roadways within the subdivision shall be constructed in
accordance with the adopted Standards for Design and Construction which includes the
pavement, curbs, gutters, sidewalks and drainage system. A letter from the Kalispell
Public Works Department shall be required stating that the improvements have been
installed according to the required specification at the time of final plat approval.
® This condition has been met. A letter from the Kalispell Public Works Department
stating that the required improvements have been reviewed and approved for
compliance with City standards has been received. Additionally, a letter from
Schwarz Engineering certifying the improvements has been included with the final
plat application.
Providing Community Planning Assistance To:
® Flathead County ® City of Columbia Falls v City of Kalispell ® City of Whitefish a
Final Plat for Willows Unit No. I Subdivision
April 28, 1999
Page 2
Condition o. 3. A note shall be placed on the final plat reserving ten feet along the
western boundary of the property for future right-of-way acquisition for the expansion
of Willow Glen Drive.
This condition has been met. A note has been placed on the face of the final plat
reserving 10 feet along Willow Glen Drive for future acquisition.
Condition No. 4. That an approach permit for accer>s onto Willow Glen Drive shall
obtained from the Flathead County Road Department. I
Condition No. 5. The name of the subdivision shall be changed so as not to conflict
with other subdivisions in Flathead County named Willow Brook and shall be approved
by the County Plat Room.
® This condition has been met. The subdivision name has been changed from
Willowbrook to the Willows so as not to conflict with other existing subdivisions in
the county.
Condition No. 6. The developer shall install a central mailbox location approved by the
U.S. Postal Service and shall be indicated on the final plat.
This condition has been met. A letter from the post office has been submitted with
the final plat application and a common mail location has been indicated on the
attached sketch.
Condition o. 7. That a 20 foot wide buffer area comprised of coniferous trees shall be
provided along the western property boundary and around the parcel containing the
existing building located on the southwest corner of the subdivision to provide
screening, buffering and dust abatement
This condition has been adequately addressed. The developers have submitted a
subdivision improvements agreement along with an engineer's estimate of the work
and propose to post collateral for 125 percent of the incomplete landscaping costs
along the western and southwest corner of the subdivision.
Condition No. S. That sidewalks shall be constructed on both sides of the street and
there be a minimum five foot boulevard space between the sidewalk and roadway that is
planted with street trees at 50 foot intervals. Street lighting shall be located within the
subdivision and shall be shielded so that does not intrude unnecessarily onto adjoining
properties.
® This condition has been adequately addressed. The developers have submitted a
subdivision improvements agreement along with an engineer's estimate for the costs
Final Plat for Willows Unit No. I Subdivision
April 28, 1999
Page 3
of installing the sidewalks and propose to post collateral for the improvements. The
street lights and street trees have been installed.
Condition No. 9. That a cash -in -lieu of parkland fee in the amount of $15,610 may be
accepted if the developer can provide an agreement with the neighboring -school to
access and utilize their playground equipment and open space. Access from the
subdivision to the school shall be provided by way of a footbridge across the stormwater
treatment swale. A pedestrian access easement shall be located on the plat and
easements from the adjoining property owner(s) and school granting this use must be
submitted with the final plat. If this is not viable, then a park shall be dedicated within
the subdivision which is no smaller than 20,000 square feet and a cash -in -lieu of
parkland in the amount of $12,738 shall be paid.
This condition has been met. The developers have an easement agreement from the
school to the south that allows them to utilize the play field. A cash in lieu of
parkland in the amount of $15,610 has been paid in full with the final plat
application and will not have to be further addressed during the filing of Phase U.
Condition No. 10. All utilities shall be installed underground.
This condition has been met. All of the utilities have been installed underground and
verified by an on -site inspection.
Condition No. 11. A storm water drainage plan which incorporates the drainage
easement along the south side of the property and the slough to the west shall be
coordinated with the City of Kalispell and Flathead County and implemented
accordingly. The stormwater drainage plan shall be approved by the Kalispell Public
Works Department.
This condition has been met. The stormwater drainage improvements have been
reviewed and approved by the Kalispell Public Works Department and the Montana
Department of Environmental Quality. The stormwater drainage system within the
subdivision, including the drainage swale running along the southern boundary of
the subdivision shall be owned and maintained by the Willows Homeowners
Association. Additionally, prior to the final platting of Phase II the outfall culvert
from the drainage swale to the Stillwater River shall be upsized to the proper
diameter.
Condition No. 12. That all water and sewer service plans and specifications shall be
reviewed and approved by the Department of Environmental Quality and the Kalispell
Public Works Department.
This condition has been met. A letter from the Kalispell Public Works Department
and DEQ approving the plans and specifications has been submitted with the final
plat application.
Final Plat for Willows Unit No. I Subdivision
April 28, 1999
Page 4
Condition No. 13. That a letter from the Kalispell fire chief approving the location and
placement of the fire hydrants within the subdivision shall be submitted with the final
plat.
This condition has been met. A letter from the Kalispell Fire Department approving
the fire hydrants has been submitted with the final plat.
Condition No. 14. That the final plat for Phase II shall be filed within two years of final
plat approval for Phase I.
Condition No. 15. That Phases I and 1E1 shall be annexed into the city prior to final plat
approval.
This condition has been met. The -property containing both phases of the subdivision
has been annexed into the city.
Condition No. 16. That preliminary approval shall be valid for a period of three years
from the date of approval.
This condition has been met. The final plat was filed prior to the expiration of the
preliminary plat approval.
COMPLIANCE WITH APPROVED PRELDMARY PLAT
The final plat is in substantial compliance with the preliminary plat which was
submitted and approved.
COMPLIANCE WITH THE SUBDIVISION REGULATIONS:
This subdivision plat has been found to be in substantial compliance with the State
and City Subdivision Regulations.
COMPLI,ANCE WITH THE ZONING REGULATIONS
This subdivision complies with the Kalispell Zoning Ordinance and the R-3 zoning
designation.
RECOMMENDATION:
All of the conditions of preliminary plat approval have been adequately addressed The
Flathead Regional Development Office recommends that the Kalispell City Council
approve the final plat for this subdivision. Please note that the subdivision
improvements agreement should be accepted along with the final plat approval.
Please schedule this matter for the regular City Council meeting of May 3, 1999. You
may call me at (406)758-5980 if I can be of assistance to you regarding this matter.
Final Plat for Willows Unit No. I Subdivision
April 28, 1999
Page 5
Sincerely,
Narda Wilson, AICP
Senior Planner
NW/
Attachments: 1 opaque mylar of final plat
1 reproducible mylar of final plat
1 blueline of final plat
Letter from Schwarz Engineering dated 4/19/99
Final plat application received 4/20/99
Letter from MDEQ dated 1/ 12/98
Letter from MDEQ dated 1/ 15/98
Letter from MDEQ dated 9/18/98
Letter from Kalispell Public Works dated 11 / 17/97
Letter from Kalispell Public Works dated 8/26/98
*Letter from Kalispell Public Works dated 4/28/99
Letter from Fire Department (no date)
County approach permit dated 5/5/97
Letter from USPS dated 11 / 12 / 98
*Easement agreement with school for park access
Covenants for the Willows Subdivision
Schwarz Eng. Certification on improvements 4/27/99
Schwarz Eng. certification and engineers estimate 4/19/99
Subdivision improvements agreement
Letter of credit from Glacier Bank
Title report from First American Title dated 4/14/99
Consent to plat from Glacier Bank and other parties with interest
Treasurers Certification 4/20/99
Cash -in -lieu of parkland fee $15,610
Preliminary plat 11 x 17
c: Schwarz Eng., 4 Sunset Plaza, Suite 201, Kalispell, MT 59901
American Land and Dev., Box 417, Kalispell, MT 59901
Theresa White, Kalispell City Clerk
Flathead Regional Development Office
723 51h Ave. East Room 414
Kalispell,MT 59901
Phone: (406)758-5980 Fax: (406)7SS-S781
..rem
Subdivision Name:
Contact Person:
I S ! .. 1 . o s
THE WILLOWS - UNIT NO. 1
Name: Schwarz Engineering
Address:4 Sunset Plaza, Suite 201
Kalis ell, MT 59901
Phone No.: 406/755-1333
Al
Owner:
American Land & Development, Inc.
P.O. Box 417
r-
406/756-1998
Date of Preliminary Plat Approval: April 1 ,19 9 7
Type Subdivision: Residential X Industrial _ Commercial _ PUD _ Other _
No. of Lots Proposed: 36 Park Land (ac.): 2.0
Land in Lots: (ac.) 11.912 Cash -in -lieu: $ 15, 610.0 0
Exempt:
FILING FEE ATTACHED: $ 6 6 0.0 0 Note: Minor Subdivision - $200 + 10 /lot
Major Subdivision - $300 + 10/lot
Prel. Plat Waived - $400 + 10/lot
Not
Attached Applicable
(RUST CHECK ONE)
X Health Department Certification (Original)
X Title Report (Original, not more than 90 days old)
X Tax Certification (Property taxes must be paid)
X Consent(s) to Plat (Originals and notarized)
_X_ Sub. Improvements Agreement (attach collateral)
X Parkland Cash -in -Lieu (check attached)
X Covenants (Original signature provided)
X Homeowners By-Laws/Articles of Incorporation (Originals)
X Plats: 1 opaque cloth back (hard back)
2 mylar copies
3 bluelines
0
DEPART MENT OF ENVIRONMEN 1AL QUALITY
PERMITTING AND COMPLIANCE DIVISION
METCALF BUILDING
MARC RACICOT, GOVE304OR MO 6TH AVENUE
- STATE OF MONTANA
(406)444-3080
FAX (406)444-1374
Billmayer Engineering
2191 Third Ave E
Kalispell MT 59901
January 12,1998
PO BOX 200901
HELENA, NIONTANA 59620-0901
RE: The Willows Subdivision; Water and Sewer Main Extensions and Storm Drainage; Kalispell;
Flathead County; E.Q.#97-2782
Dear Mr. Billmayer:
The above referenced plans and specifications have been reviewed by personnel of the Permitting and
Compliance Division and were found to be satisfactory. Approval of the plans is given herewith.
Enclosed is one set of plans and specifications bearing the approval stamp of the Department.
Approval is based on plans submitted by Billmayer Engineering and approved by the Department on
January 12, 1998. The water main extension consists of 4,692 lineal feet of 8-inch Class 150 PVC and
10 fire hydrants. The sewer main extension consists of 1,238 lineal feet of 10-inch SDR 35 PVC, 2,858
lineal feet of 8-inch SDR 35 PVC, 1,450 lineal feet of 6-inch HDPE force main, and an above -ground
Gorman Rupp lift station. The lift station was sized to accommodate The Willows Subdivision and
surrounding development for a total daily flow of 50,203 gallons per day.
The storm drainage system consists of gutters and culverts that convey all stormwater generated on -site
to a wetlands treatment system. The wetlands treatment system discharges to the Stillwater River.
This approval is given with the understanding that any deviation from the approved plans will be
submitted to the Department for reappraisal and approval. Within 90 days after the project has been
completed, the project engineer shall certify to the Department that the project was inspected and found
to be installed in accordance with the plans and specifications approved by the Department. This
certification shall be accompanied by a set of "as -built" drawings signed by the project engineer.
AN EQUAL OPPORTUNITY EMPLOYER"
Page 2 of 2
January 12, 1998
RE: The Willows Subdivision; Water and Sewer Main Extensions and Storm Drainage; Kalispell;
Flathead County; E.Q.#97-2782
It is Rather understood that construction will be started within two years of this date. If more than two
years elapse before beginning construction it shall be necessary to resubmit the plans when construction
is contemplated.
Sincerely,
C) cljvtiidl_
Janqt G. Cherry
Environmental Engineer
Permitting -and Compliance Division
c: file
Flathead County Sanitarian
City Engineer, Kalispell
American Land & Development, Inc., owner
DEPARTMENT OF ENVIRONMENTAL QUALITY
PERMITTING AND COMPLIANCE DIVISION
MARC RACICOT, GOVERNOR
--- STATE OF MONTANA
(400"4-3080
FAX (40"4-1374
JOHN SCHWARZ
SCHWARZ ENGINEERING
#4 SUNSET PLAZA SUITE 201
KALISPELL MT 59901
Dear Mr. Schwarz:
September 18, 1998
9
METCALF BUILDING
PO BOX 200901
HELENA, MONTANA 5%20-0901
The Willows Subdivision
Flathead County
E.Q. #99-1264
The plans and supplemental information relating to the water supply, sewage, solid waste disposal facilities, and storm
drainage (if any) for the above -referenced division of land have been reviewed as required by ARM Title 17, Chapter 36
and have been found to be in compliance with those acts.
Two copies of the Certificate of Subdivision Plat Approval are enclosed. The original is to be filed with the Plat at the
office of the county clerk and recorder. The duplicate is for your personal records.
Development of the approved subdivision may require a General Discharge Permit for Storm Water Associated with
Construction Activity. Please contact Vicki Sullivan at (406)444-5338 for more information. Failure to obtain this permit
(if required) prior to development can result in significant penalties.
Your copy is to inform you of the conditions of the approval. Please note that you have specific responsibilities according
to the plat approval statement, primarily with regard to informing any new owner as to inherent limitations which have
been imposed.
If you wish to challenge the conditions of this Certificate of Subdivision Plat Approval, you may request a hearing before
the Board of Environmental Review or the Dew, pursuant to Section 764-126, MCA and the Montana
Administrative Procedures Act.
If you have any questions, please contact this office.
Sincerely,
Dennis P. McKenna
Supervisor
Subdivision Section
Water Protection Bureau
c: file
Flathead County Sanitarian
'AN EQUAL OPPORTUNITY EMPLOYER"
STATE OF #
DEPARTMENTOF 'r QUALITY
ICERTIFICATE OF r •APPROVAL
Wfimv7sTIWI.M. 5 111•
TO: County Clerk and Recorder E.Q. #99-1264
Flathead County
Kalispell, Montana
knownTHIS IS TO CERTTFY THAT the plans and supplemental information relating to the subdivision
h. Willows
tact of • located in the NorthwestSection•. • r 28 North,,a
Principal21 West, - •Montana,- • County,Montana
consisting of • have been - • by personnel of Permitting and Compliance Division,
•
THAT the documents and data required by ARM Title 17 Chapter 36 have been submitted and
found to be in compliance therewith, and,
THAT the approval of the Plat is made with the understanding that the following conditions shall
be met:
W•, . • , I a r M11 ON •a) IMMI 0*11 IS WN1 I iFIVOR •,WIWO-• • . • ;.c v - m
THAT the lot sizes as indicated on the Plat to be filed with the county clerk and recorder will not
be further altered without approval, and,
THAT each lot shall be used for one single family residence, and,
THAT the public water supply and public sewage treatment system will be provided by the City
of Kalispell, and,
THAT the storm drainage system shall consist of culverts and gutters that convey all stormwater
generated on -site to a storm water settling Swale and then discharges to the Stillwater River, and,
THAT water, sewer and storm drainage systems be installed per plans submitted by Billmayer
Engineering and approved in a separate document by the Department on January 12, 1998, and,
THAT the storm water settling swale shall be installed per plans dated received August 27, 1998,
and received under the seal of John P. Schwarz P.E. #11258PE, and,
THAT construction will be started within two years of this date. If more than two years pass before
beginning construction, it shall be necessary to resubmit the plans and specifications when
construction is anticipated. This two year expiration period does not extend any compliance schedule
requirements pursuant to enforcement action against a public water/sewage system.
Page 2 of 2
The Willows
Flathead County
E.Q.#99-1264
THAT within 90 days after construction is completed upon a public water system, wastewater
system, or storm drainage system, or upon an extension of or addition to such a system, the
professional engineer shall certify to the Department that the construction, alteration or extension
was completed in accordance with the plans and specifications approved by the Department, and,
THAT project certification shall be • • . et by complete set of "as -built" drawings bearing
the signature and seal of the professional engineer, and,
THAT instruments of transfer for this property shall contain reference to these conditions, and,
THAT the developer and/or owner of record shall provide each purchaser of property with_a coM
of the Plat, and a copy of this document, and.
THAT departure from any criteria set forth in the approved plans and specifications and Title 17,
Chapter 36, Sub -Chapters 1, 3, and 6 ARM when erecting a structure and appurtenant facilities
in said subdivision without Department approval, is grounds for injunction by the Department of
Environmental Quality.
Pursuant to Section 76-4-122 (2)(a), MCA, a person must obtain the approval of both the State
under Title 76, Chapter 4, MCA, and local board of health under section 50-2-116(1)(i), before
filing a subdivision plat with the county clerk and recorder.
YOU ARE REQUESTED to record this certificate by attaching it to the Plat filed in your office
as required by law.
DATED this 18th day of September 1998.
luvrgamls�
By:
,.Dennis g. McKenna, Supervisor
Subdivision Section
Permitting and Compliance Division
Department of Environmental Quality
Owner's Name: American Land & Development. Inc.
C L. 0� �Rli�0011it�
Incorporated 1892
Telephone (406) 758-7700
Douglas Rauthe
FAX (406) 758-7758
Mayor
Post Office Box 1997
Kalispell, Montana
Clarence W. Krepps
Zip 59903-1997
City Manager
November 17, 1997
city council
Members:
Ms. Janet Cherry
Gary W. Nystul
Montana Department of Environmental Quality
ward I
Permitting and Compliance Division
cliff Collins
Helena, Montana 59620-0901
ward I
Norbert F. Donahue
RE: Kalispell Water Improvements to Serve the Willows Subdivision, Flathead County
Ward if
E.Q. No. 97-2782
Date Haarr
Ward 11
Dear Ms. Cherry:
Jim Atkinson
Ward III
We have reviewed the plans and specifications for the Willows Subdivision, Water and
John Graves
Sewer Extension Project designed by Billmayer Engineering and found them to be
Ward III
acceptable. The Kalispell water system has adequate capacity to serve this project.
Par;zela B. Kennedy
Ward IV
Please feel free to contact me if you have questions.
M_ Duane Larson
Ward IV
Sincerely,
David A. Holst
Public Works/Engineering
cc: file
Billmaver Engineering Co.
August 26, 1998
John Schwarz, P.E.
Schwarz Engineering
94 Sunset Plaza, Suite 201
Kalispell, Mt. 59901
Re: Willows Subdivision
Storm Drainage
Dear John:
The writer has reviewed your REVISED DRAINAGE PLAN, Sheet 1 of 1, dated July 28, 1998 for
the referenced subdivision. The storm drainage flows to the southerly property line of the subdivision
where it is collected in an open trench approximately 250 feet in length and then flows through an
outlet structure and 15 in. pipe to the Stillwater River. Even though there will be no retention of
storm water, the drainage plan is consistent with the storm water management requirements of the
City of Kalispell Extension of Services Plan due to the fact that the runoff is directly to the Stillwater
River. Based on the above, the drainage plan is hereby approved.
RespaAmerm40E.
'c and
Assistant City Engineer
Post Office Box 1997 • Kalispell, Montana 59903-1997
Telephone (406) 758-7700 • FAX (406) 758-7758
�N
April 27, 1999
Narda Wilson
Flathead Regional Development Office
723 Fifth Avenue East, Room 414
Kalispell, Mt. 59901
Re: Willows Subdivision
Dear Narda:
APPLICATION
� sti
APR 28 1999
F. R. D. O.
The improvements installed in the referenced subdivision are in accordance with the City of Kalispell
Standards for Design and Construction, dated April 15, 1996 and adopted by resolution No. 4259.
All improvements have been installed with the exception of the sidewalks and a portion of the street
trees. The Developer has provided a guarantee equal to the projected costs to complete the above.
A 12 in. storm drain outfall was installed instead of the design size of 15 in. The 12 in. will have to
be replaced with a 15 in. prior to the final plat approval of Phase H. It is the understanding of the
writer that the Phase I and Phase U storm water drainage systems are to be maintained by the Willows
Homeowner's Association.
If you have any questions on the above, please feel free to contact me.
Respectfully,
Amerman,
P.E.
Assistant City Engineer
Copy To: Robert W. Stauffer, Schwarz Engineering
Post Office Box 1997 - Kalispell, Montana 59903-1997
Telephone (406) 758-7700 - FAX (406) 758-7758
Kalispell Fire/Ambulance Dept.
336 1 st Ave. East • P.O. Box 1997
Kalispell, MT 59903-1997
To: Bob Stausfer
Re: Hydrants at Willows subdivision
The Kalispell Fire Department approves of the placement and spacing of the fire
Hydrants at the Willows subdivision.
Orland Leland
Assistant Chief
Telephone 406-758-7764
Fax 406-758-7758
rp 4.1 �! P►/P '!t►lii! Mr1w1.1�1/ ari',i� iit1 - rr i • r
(insert Nature of Permit)
DAVE BOARD
-. Name of Applicant: RIC LAND & DEVELOPMENT Phone No. 406 / 755-4993
2. Address of Applicanz: 75 FIRST AVENUE WEST NORTH - KALISPELL, MONTANA 59901
3. If Applicant is a Business or Corporation, please provide the name of
President: and Secretary:
4. Nature of Permit desired. (Give sufficient detail).
SUBDIVISION ROAD APPROACH ONTO WILLOW GLEN DRIVE
Give description at or near which installations or structures will be installed.
a. Provide detailed map of location. (Submit blueprints or sketches).
b. Location is to be flagged for pre -construction inspection.
LEGAL: Section 21 Township 28 Range 21
6. For has long a period is the permit desired: UNLIMITED
i. rPermittee may be required, as outlined in Policy Bccklet, to obtain bonding in both
names; -(Flathead County Road Department "or" applicant), for assurance of corszructicn
repairs, also to pay necessary recording fees, if required.
=.ppl ication Fee: $50.00 Check No. Receipt No. (i
Name of Surezy ConTany :
Ty-pe of S•urezy: No. Amt. $
8. Reseed: All right-of-way disz-arbed by the Utilization of this encrcachm-_—.z must be
resided according t o t `1e spec i =1 Ca i s of Lhe Flathead CoL7:ty We Dept. Contact
Weed Department for area information and specifications.
9. Remarks:
_C. Rcad Department is to be notified upon ccmpletion of work for scheduling of inspecticn.
Applicant will ccanplete this form and transmit it to the Flathead County Rcad Dept.
This application is for all -_--icroaclrff its on or thru County right-of-way. When
applicant has signed both sides of application and application is approved, a copy
will be made available to applicant. (see reverse side).
FIA`L�iEAD COilftTY ROAD DEPT. BOARD OF SSIONERS
Applicant Authorized Representative Chairman Date
rippl i cant
c5-/-� %
Date
Title
S-S-9 -7
C.`_-_'
Comsni ss i over Date
Ccrmni ss i over Date
Sub ict'to t h_ foIloving tens and conditions, the permit appIied for upon the reverse side, hereof, is hereby granted:
TERM. Ttis peruit shall be in full force and in effect from the date hereof until revoked as herein provided.
2. REVOCATION.• Tr.is permit say be revoked by the County upon giving 10 days notice to Peraittee by ordinary mail, directed
cc the address shown in the application heret;, attacked, but the County reserves the right to revoke this permit wi:hout
::ving said notice in tn. event Peraittee breaks any of the conditions or terms set forth herein.
COMMENCENENT OF WORT. So work shall be Commenced an::. Permittee notifies the County authorized representative!. at
::Sted on the front of t,,?s application, as to the proposed commencement of work.
4. CBANGES IN HIGHWAY. If tue County chances highway, necessitating changes in structure or installations under thi_
D.rmi:, Peraittee shall make necessary changes without expense to County.
5. TRENCBTIG OR PAVEMENT ALTERATIONS. Removal of pavement gust be preceded by sawing the existing pavement around the
weals! to be removed. Replacement base and subbase materials must be compacted to a minimum of 954 relative density.
Replaceae.,t of pavement must be accomplished within five (5) days of pavement removal.
c. COUNTY SAVED HARMLESS FROM CLAIMS. In accepting th:S permit, the Permittee, its/his successors or -assigns, agree to
proten '-be County and save is harmless from all claims, actions, or damage of any kind and description which say accrue
to, or be suffered by, any person, or persons, corporations, or property by reason of the performance of any such work,
character of materials used, or manner of installations, maintenance and operation, or by the improper occupancy of said
highway_ right-of-way, and in case of any suit or action brought against the County and arising out of, cr by reason -r, any
of the above Causes, the Persittee, its/his successors or assigns, will, upon notice to it/hia of the comaencement of such
action, defend the same at its/his sole cost and expense and satisfy any Judgment which say be rendered against the County
in any suit or action.
;. PROTECTION OF TRAFFIC. insofar as the interests of the County and the traveling public are concerned, all work
performed under this peruit Shall be done Under the supervision of the County Road Department and its author:zed
representatives, and he/:;hey Shall indicate the traf fic control devices, the lighting thereof at nice , placing of flaaaen
and watChlen, the aCcep:ao!a 'manner in which tra`::C iS to be handled, and Shall specify to Permittee how roar Surface :s
to be rec*Aced .f it is disturbed during operations, but said Supervision shad in no way operate to rellEYe Sr discharge
?emit:ee roa any of the obligations assumed by acceota➢ce of this permit and especially those Set forth uncle' Section o
P_reQf.
3. HIGHWAY DRAINAGE. if the work done under this permit interferes in any way with the drainage of the County hiahwav
affect. . Per3ittee shall, at its ,IhJs own expense, lake such prQviSions as the CQUnty lay alr CO take Care of Sala
drainage.
RUBBISH AND DEBRIS. Upon coapletion of work contemplated uncle- this permit! all rubbish and debris shall be immediate*,-,,
removed and, roadway and roadside left in a neat and presentable condition satisfactory to the Count?.
10. WORX TO BE SUPERVISED BY COUNTY. Al! work conteapiated under this hermit shall be done under the supervision o: and cc
the satisfaction of the authorized representative of the County, and the County hereby reserves the right to order the
change of location or removal of any structure of installation authorized by this permit at any time, said changes or
removal to be Dade at the sole expense of the Peraittee.
_1. COUNTY`S RIGHT NOT TO BE INTERFERED WITH. All Such chanaes, reconstructing, and relocation shall be done by Persittee
in SUCh a man, is will cause the 'Least Interference with any of the County'S wQ:k, and the COunti Shall in nc may be
liable for any damage to the Permittee by reason of any such work by the County, its agents, contractors, or
representatives, or by the exercise of any rights by the Count: upon the highways by the installation or s:r�Ictures placed
under tts peruit.
12. REMOVAL OF INSTALLATIONS OF STRUCTURES. Unless waived by the County, upon termination of this permit, the ?ersittee
Shall resove the installation or structures conte!riated by this permit and restore the premises to `he conditicr existing
at the ti3e of entering UDOD the same under this permit, reasonable and ordinary wear and tear and damage by tns elements,
or by circumstances over which the Persittee has no control, excepted.
i2. MAINTENANCE AT EXPENSE OF PERKITTEE. Peraittee shall maintain, at its/his sole expense the installations and structures
for which this permit is granted, in a condition satisfactory to the County.
14. COUNTY 107 LIABLE FOR DAMAGE TO INSTALLATIONS. in accepting this permit the Peraittee agrees that any damage or injury
done to said installations or structures by a ^contractor working the County or by any County employee engaged
in construction, alteration, repair, maintenance-, or iaprovesent- of the County right-of-way shall be at the sole- expense
of the Peraittee.
15. COUNTY TO BE REIMBURSED FOR REPAIRING ROADWAY. Upon being billed therefor, Persittee agrees to promptly reimburse the
County for any expense incurred in repairing surface of roadway due to settlement at installation, or for any other damage
to-oadwav as a result of the work performed under this permit.
Dated '/�(
.his r day of " 19 7/7
mhe unders ed, the/ PEIMITTBV mentioned in the foregoing instrument, hereby accepts this permit, together with all of
the terms an naitians spt for h rein.
(/ (Peraittee) (Peraittee)
i'e'rM2-L JVU. _.. riC- /-t 6
APPROACH
(Insert Nature of Permit)
DAVE BOARD
1. Name of Applicant: AMERICAN LAND & DEVELOPMENT phone No. 406 / 755-4993
2. A kjress of Appl icant : 75 FIRST AVENUE NEST NORTH -KALISPELL, MONTANA 59901
If Applicant is a Business or Corporation, please provide the name of
President: and Secretary:
4. Nature of Permit desired. (Give sufficient detail).
SUBDIVISION ROAD APPROACH ONTO WILLOW GLEN DRIVE
5. Give description at or near which installations or structures will be installed.
a. Provide detailed trap of location. (Submit blueprints or sketches).
b. Location is to be flagged for pre -construction inspection.
LEGAL: Section 21 Township 28 Rance 21
b. For how long a period is the permit desired: UNLIXETED
7. Permittee may be required, as outlined in Police Bocklet, to obtain bonding in both
names; -(Flathead County Road Department, "or" applicant) , for assurance of construction
repairs, also to pay necessary recording fees, if requ2red.
j=l icaticn Fee: $50.00 Check No. t` Receipt No. i Cr (C -7)
Nam Of Surety Czmpany, :
Type of Surety: 'No. Ann. $
3. :weed: All riot -of -way disturbed by t_hs utilization of this encroachment must be
reseer?d according_ to tre specific--ticns of the Flathead County Weed Dept. Contact
'need Dezp*^ tmen L for area 2 n.i ormat i on and s^ c i L i cations .
--yJ-
9 . ks:
10. goad Department is to be notified upon ccanpletion of work for sc�nediling of inspection.
►. i terLkE1111111111111 • i =
Applicant will complete this form and transmit it to the Flathead County Road Dept.
This application is for all encroachments or. or thru County right-of-way. R-ven
applicant has Signed both sides of application and application is approved, a copy
will be made available to applicant. (see- reverse side).
P r
Applicant
Applicant.
Date
FLAMMAD COLfiI'.PY RED DE,'PI'. BOARD OF M114ISSIONERS
Authorized Representative
Title
15-4; i
Date
Date
issia er Date
Ccmmissioner Date
Sub ject'to the following terns and conditions, the perait applied for upon the reverse side, hereof, is hereby granted:
I.. TERM. This permit shall be in full force and in effect from the date hereof until revoked as herein provided.
2. REVOCATION.* This pen h may be revoked by the County upon giving 10 days notice to Peraittee by ordinary ;ail, directed
to the address shown is the application beroo attacked. but the County reserves the right to revoke this permit =lthout
giving Said notice in the event Peraittee breaks any of the conditions or terms set fortn herein.
i. COMMENCEMENT OF WORK,. No work shall be codnewed until Peraittee DOLL* * the County authorized representat. ._
listed on the front of this application, as to the proposed commencement of work.
4. CHANGES IN HIGHWAY. if the County changes highway, necessitating changes in structure or installations under tri.
permit, Peraittee shall ma?e necessary changes without expense to County.
5. TRENCHING OR PAVEMENT ALTERATIONS. Removal of pavement must be preceded by sawing the existing pavement around the
areais' to be removed. Rep:acement base and subbase materials must be compacted to a minimum of 95% relative 3e :itY.
Replacement of pavement must be accomplished within five (5) days of pavement removal.
6. COUNTY SAVED HARMLESS FROM CLAIMS. In accepting this permit, the Perlittee, its/his successors or assigns, agree :o
protect the County and save it harmless from all claims, actions, or damage of any kind anc description which nay accrue
to, or be suffered by, any :erson, or persons, corporations, or property by reason of the performance of any su work,
character of materials used, or manner of installations, maintenance and operation, or by the improper occupancy of said
highway right-of-way, and in case of any suit or action brought against the County and arising out of, or by reason of, any
of the above causes, the Peraittee, its/his successors or assigns, will, upon notice to it;him of the codme➢ceian: of such
action, defend the same at its/his sole cost and expense and satisfy any Judgment which may be rendered against the County
in any suit or action.
;. PROTECTION OF TRAFFIC. insofar as the interests of the County and the .raveling public are concerned, all work
performed under this permit _call be done under the supervision of the County Road Department and its authorized
representatives, and he/the: shall indicate the traffic control devices, the lighting thereof at night, placing of flagmen
and watchmen, the acceptable manner in which traffic is to be handle., and shall specify to Perlittee how road :u7 3cs is
to be replaced if it is disturbed during operations, but said superyision shall in no way operate to relieve or d:scaarge
Peraittee from any of the obligations assumed by acceptance of this pert'-t and especially those set fortb under Section 6
hereof.
S. HIGHWAY DRAINAGE. If the work done under this perm_: interferes in any way with the drainage of the County highway
"affected, `'enittee shall, t_ its/his own expense. lake such provisions as the County may direct to take care of said
drainage.
RUBBISH AND DEBRIS. Upon completion of work contemplated undo- this permit, all rubbish and debris shall be immediately
removed and roadway and roadside left in a neat and presentable condition satisfactory to the County.
10. WORX TO BE SUPERVISED BY COUNTY. 111 work cam➢ u3 plated under this perait shall be done under the supervision of and to
the satisfac:io➢ of the authorized representative of the County, and the County hereby reserves the right to order the
change of location or remova: of any structure of installation authorized by this perait at any time, said changes or
removal to be lade at the sole expense of the ?enittee.
__. COUATY'S RIGHT NOT TO BE INTERFERED WITH. All such changes, reconstructing, and relocation shall be done by Peraittee
in such a manner is will cause the least i➢terf£rence with any of the County's work, and the County shall in no way be
liable for any damage to the Peraittee by reason of any such work by the County, its agents, contractor, or
representatives, or by the exercise oI any rights by the County upon the highways by the installation or structures plaaced
under this permit.
12. REMOVAL OF INSTALLATIONS OF STRUCTURES. Unless waived by the County, upon termination of this permit, the Peraittee
shall remove the installation or structures contamplated by this permit and restore the premises to the condi=_gn existing
at the time of entering upon the same under this perait, reasonable and ordinary wear and tear and damage by the elements,
or by circumstances over which the Peraittee has no control, excepted.
13. MAINTENANCE AT EXPENSE OF PERMITTEE. Peraittee shall maintain, at its/his sole expense the installations and structures
for which this permit is granted, in a condition satisfactory to the County.
14. COUNTY NOT LIABLE FOR DAMAGE TO INSTALLATIONS. in accepting this permit the Peraittee agrees that any damage or injury
done to said installations or structures by a contractor working the County or by any County employee e➢gaged
i coast rctionf.alteration,.repair, maintenance; or improvement of the County right-of-way, shall. be at the so-leexpense-
of the Peraittee.
15. COUNTY TO BE REIMBURSED FOR REPAIRING ROADWAY. Upon being billed therefor, Per2ittee agrees to promptly rei3bur.:e the
County for any expense incurred in repairing surface of roadway due to settlement at installation, or for any other damage
to roadway as a result of the work performed under this permit.
Dated %his day of f' / 19 �7
The undersigned, the 'PERMiTTEE' mentioned in the foregoing instrument, hereby accepts this permit, together with all of
the terms a ond4 logs set f rth erein.
(Peraittee (Peraittee)
APPROACF PERMIT_ REQGIREMENTS
rru_.r,� JU - �1� r i _ .>�? nir'L'J J ► `i_ jv: IJG CONDIT I QNS ARE ME~-
_rees are t= .veu _rom the Co`"at7 roaQ
-- c = .a= : s i a e c: _ :e �--r-aa�jc%.^.\fo=. a distance
G_ TJ�j fact and a set--aCi: Ci � C.(1feei rrO:i :lie
shoulder of the read. (This will face 1 i tate.• improved.
oc wa-Y L:a:r';c=ia lr= an-'
. i ��. C=rrLCa =C Meta. CL'1vc:. »av C ` o_er t � � a
a Gl : _ iLL . a:u G i
%c_7 0vZ_3� I _.lYCr./ eCc wI T. :Ic at the same grade as t^?
vv__=:c. t==1e Cii:vc_ : wi_1 _ ro'v:de aCequate GrainaC should
accumi:l at _ in the
0aC., M U s : iiavC a �. =vv t 1 _h•5 1 nhuinC raucu _� p3= C t
awa= =ro:u the count? road. (See the attached She-,. so= details.)
_. k _ : l red _Ce t= = a.Coun_ C_ Crave_ l Oss . ailu t e_DGss
0; d__1::ace from t_lc apprGa=__ C tv i:?_ c0untrG�C"
=.1 approac ,es onto a Caved :,cad sh'al 1 be Caved: a L:I:7iAli G_
7" feefeet :tiir= a_nC =rGiu the pave'
eC;e _= the ==-ka �vr auCit?G a.
.S__LC__on. SDc.,___Ca _GnS =__cu re'u—ireme is s==
Sr as W_ a. t e COU 7
C_s7Lr0-3 areas
to
=c_ �r Cctal l s 1 (:Z=Sce�:rl W- "ems: e Ile 7Gt?:at i?►I.
=Cr CroWz:4 it nc`: i oLs Wceus jaCc::t tG file CGLi t y rAaC a
11 as tine aCi===mot propc_ty
v Cc:.taCt the Road Sc*,--ill e a _ OSt CCnS :t? :_ 1 v'
—1, L u c ve �� s f
a P C Q n S' f't %4c �-., ,G r
F. P P R 0 A C H P E R M I T A T '" A C Fi M E A; T
RADIUS
STRIP
' SEE APPROACH PERMIT
75.0' MINT. LANDING ALL LANDING STRIPS
STRIP FOR COUNTY � r � TO BE SLOPED 0.03 FT.
MAIN ROADS. �' � PER FOOT AWAY FROM
I=IGHWAY FOR nRAINAGE
2-5.0' MINT. F07R—�'�,
F;EG;;LAR APPROACH
LAAiO = NC SE- AP: ROACH DE—'R
STt'Ci? :
APPR JAC - S IDT-H -24 f ee t
SEE APP ROACH PERMIT
~1�0�;
TYPICAL SECTION
USED 6:1 SLOPE FOR FILLS OF 5 FEET OR LESS
FOR DRAINAGE
USE PIPE AS SPECIFIED IN APPROACH PERMIT
%:0—= . GRAD_ C: APPROACH NOT :, r :''_ = i G g `1c {.ESS TRAFFIC V% `"'�E
(� .
A.jD C!,DST I'dD rC LTC �L'L ^1 % 111 - 1iiL� •
APPR0A'_.._S TO C0NSTR;;CTED TO . 1T L CAL CCi-;DITIC'.. SCT I > i
SitC:: n MaNtiL 7 AS TO tLi Ty ter: i �' :'I:.I F IC =- ZAao AND - FF 0RC SA. _
AND COMUMODIOUS ENTRY AND EXIT OF TRAF: /C TO AND FROM H:G.'-:kAY.
Seeding wiLl be dried following tI2e slope contours
Z-I� I
ihmediatel.7 after final garading, using- the below, mix. Tbe
seeding mix and rates to be used are as follows:
SPECIES s PLSIACRE
Regar brume 3-5
Flard fescue
3.0
-Inte=ediate waeatgrass
2.5
Alsike clover
2.5
Annual ryegrass
2-5
Kentucky bluegrass
2.0
Ladak alfalfa
2.0
Timo t b y-
1.5
Napier orchard grass
1.0
total tal po un ds per acre
20.5
Tn Pr S/4 CR 27 Zrea -n s po unds per acre of pure, -7-,Ye Seed
'Eed -;-o be w�eed, free. Tne rates shown shoz.72d be
t Ys c rn
dCZ.7ble-7 j:7 S-Olfs are b-, alfCaSt, a a rIr Vin Z .15 1, C C :ZZI C C.-, � -0 - and S - - - _4
after �z-edlie c- to s%--.-,ds w---7'r.L-7 Mpsoi-1 to ', 5 17
I-
d, -�va ter an d wfld- Efe.
November 12, 1998
TO: FLATHEAD COUNTY PLANNING DEPARTMENT
RE: THE WILLOWS SUBDIVISION
TO WHOM IT CONCERNS:
THE ABOVE -REFERENCED PROJECT HAS BEEN REVIEWED, AND A SUITABLE LOCATION
FOR MAIL DELIVERY HAS BEEN ESTABLISHED.
IF YOU HAVE ANY QUESTIONS, PLEASE FEEL FREE TO CALL ME AT (406) 755-0187.
Via„ /y)
C�
ELDEN MARVEL MGR CUSTOMER SERVICES
U S POSTAL SERVICE FLATHEAD STATION
2481 ST AVE W
KALISPELL MT 59901-9998
NO
Vs ti 1998
FAx:
JF
4i
KEL-'T RC I
-----------
tl
4F-
------------
------------- L
Jv-
M ZE go 3m
DECLARATION OF CONDITIONS, COVENANTS
AND RESTRICTIONS
WILLOWSTHE / •`.
THIS DECLARATION, made this day of , 1999, by the
undersigned, AMERICAN LAND AND DEVELOPMENT, INC.,
WHEREAS, the undersigned is/are the owner(s) of certain real property known as THE
WILLOWS SUBDIVISION, according to the recorded plat thereof on file and of record in
the Office of the Clerk and Recorder of Flathead County, Montana, and whereas the
undersigned are desirous of subjecting the real property to the restrictions covenants
and reservations hereinafter set forth, each and all of which is and are for the benefit of
said property and for each owner thereof, and shall inure to the benefit of and pass
with said property and each and every parcel thereof, and shall apply to and bind the
successors in interest and any owners thereof;
NOW, THEREFORE,
AMERICAN LAND AND DEVELOPMENT, INC., being the owners of all the real property
know as THE WILLOWS SUBDIVISION, according to the plat thereof on file and of record
in the Office of the Clerk and Recorder of Flathead County, Montana, hereby declare
that the said real property is, and shall be held, transferred, sold and conveyed, subject
to the conditions, restrictions, covenants and reservations hereinafter set forth.
The covenants, conditions and restrictions hereinafter set forth are designed to provide
a uniform plan for the development of the whole of said subdivision.
All persons or corporations who now or shall hereafter acquire any interest in and to the
above described property shall be taken and held to agree and covenant with the
owner of the lots in said subdivision and with their heirs, successors and assigns, to
conform to and observe the following covenants, restrictions and conditions as to the
use thereof and as to the construction of dwellings and improvements thereon.
PURPOSE, USE AND ACTIVITIES:
A. No lot shall be used except for one single-family residence and no
building shall be erected, altered, placed or permitted to remain except
for residential purposes, together with the outbuildings approved by the
Architectural Control Committee.
B. No lot shall be further subdivided.
C. No temporary building, house trailer, mobile home, basement or partly -
finished building or structure shall be erected or placed upon this property
Conditions, Covenants & Restrictions — The Willows Subdivision Page 1 of 7
determined by said Association. All owners intending to construct a
dwelling or build any type of structure whatever upon any lot shall first
submit their plans and specifications, in writing, to the Architectural
Control Committee. Plans must include proposed exterior colors.
N. No dwelling house or other structure or fence shall be erected, placed or
altered on any lot until the construction plans and specifications, along
with the proposed site therefor, have been approved, in writing, by the
Architectural Control Committee 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.
Approval or disapproval by the Architectural Control committee must be
in writing. In the event the Committee fails to act within thirty (30) days
after the proposed plans and specifications of any structure have been
submitted, in writing or in any event, if no suit to enjoin the construction
has been commenced prior to the completion of an entire dwelling, no
specific approval shall be required for such structure and the pertinent
provisions of this Declaration shall be deemed to have been fully
complied with.
O. No fence shall be over six feet (6'-0") in height. There shall be no fence
forward of the rear of the house. The fence design shall be approved by
the Architectural Control Committee.
P. All utilities shall be underground.
Q. The zoning of the property at the time of the filing of these covenants is R-
2 and all uses must comply with that zoning, unless the zoning has been
changed prior to the attempted use. If the zoning has been changed,
the use shall comply with the then existing zoning. In addition, if, as at the
present time, there is a need for a zoning compliance permit from the
local planning authority, such permit shall also be required under these
covenants.
R. One of the purposes of these covenants is to impose upon each lot a
proportionate share of the taxes on the subdivision's common properties.
Such share is determined by dividing the number of lots in the final plat by
the tax amount. As to common properties which are roads outside the
subdivision, taxation thereon will be determined by the instrument of
conveyance.
The conditions imposed upon subdivision approval are incorporated
herein as part of these covenants to the extent they apply to the use of
the property. (Attached hereto as Exhibit A is a copy of the conditional
approval of the subdivision.)
Conditions, Covenants & Restrictions — The Willows Subdivision Page 3 of 7
II. ANIMALS, BIRDS AND PETS:
A. No poultry, birds, hogs or other livestock shall be kept or raised. Cats, dogs
or other small household pets, not to exceed two in total number, may be
kept.
B. All pets are to be leashed or fenced or otherwise confined to the
premises.
III. REMOVAL OF WASTE, PROPERTY APPEARANCE AND UPKEEP:
A. No noxious or offensive activity shall be carried on upon any lot, nor shall
anything be done thereon which may be or may become an annoyance
to the neighborhood.
B. All structures upon the property shall be kept in good repair and
appearance.
C. No part of this property shall be used or maintained as a dumping ground
or storage ground for rubbish, trash, garbage, old automobiles or other
waste. All waste shall be removed as often as necessary. Equipment for
the disposal of such material shall be concealed, except for pick-up, and
must be removed from the street by 6:00 p.m. on the day of pick-up.
Undeveloped lots shall be mowed at least once a year.
D. The acquisition of property in this subdivision is a waiver of any claims for
normal agricultural activities conducted on adjacent properties. Any
owner of a lot within this subdivision recognizes that there are adjacent
agricultural activities on the adjoining land and relinquishes all rights for
relief from such activity. Each owner specifically reserves his right to seek
compensation or injunctive relief for injuries to person or property caused
by any dangerous instrumentality or toxic waste or for negligent or
intentional actions by those using the agricultural property.
IV. HOMEOWNERS ASSOCIATION:
A. The Grantee covenants and agrees that he, she or they will become and
remain a member to The Willows Homeowners' Association so long as the
Grantee retains any interest in the property conveyed and, by accepting
the conveyance, the Grantee binds himself, herself or themselves to
abide by the by-laws and reasonable rules and regulations of the
Association which may be adopted by the Board of Directors from time to
time, and the Grantee agrees to pay the Association such annual dues
and assessments as its Board of Directors shall fix and determine, and said
dues and assessments shall be paid at such time as the Directors shall
determine.
B. The Willows Homeowners' Association shall be formed at a time to be
designated by the developers, but no later than when the entire
Conditions, Covenants & Restrictions — The Willows Subdivision Page 4 of 7
development is complete, and shall consist of the owners of each lot of
The Willows Subdivision. The owner of owners of each lot shall be entitled
to a single vote in the Association. The By -Laws or Articles of incorporation
may provide for the joining of the Association by lot owners.
C. The Willows Homeowners' Association shall be responsible for the care
and maintenance of the common properties and each homeowners use
of the common properties will be governed by such rules as adopted by
the Association. For the purposes of maintaining and caring for these
common properties, the Board of Directors may make reasonable annual
assessments to the lot owners and such assessment may be collected in a
suit subject to the provisions stated below for enforcement of covenants
and may become a lien* upon the land by a filing by the Board of
Directors of a lien which shall describe the lot, state the amount of the
assessment that has not been paid, and when it was assessed. A lot
owner whose lot is subject to such a lien must pay the assessment, costs
for preparation of the lien and the lien release, and all recording costs
before the lien is released. This lien may also be foreclosed in the manner
of foreclosure for mortgages with the prevailing party entitled to attorney
fees. Common properties as used herein shall include parks, pathways,
and stormwater facilities located along the south subdivision boundary.
D. Lot owners are encouraged to remain active members of this Association.
Each lot owner is a member of the Association by virtue of his acquisition
of the lot.
V. WATER UTILITY SYSTEM:
Water system will be constructed by the developers to be maintained and
operated by the City of Kalispell.
VI. SEWER UTILITY SYSTEM:
Sewer system will be constructed by the developers and will be maintained and
operated by the City of Kalispell.
VII. STORM WATER DRAINAGE SYSTEM:
Storm drainage system will be constructed by the developers and maintained by
The Willows Homeowners' Association. Regular maintenance shall include a
semi-annual check of the catch basins and stormwater Swale and detention
basin including inlet and outlet, and cleaning of these structures, if necessary.
VIII. ROAD SYSTEM:
Road system shall be constructed by the developers and maintained and
operated by the City of Kalispell.
Conditions, Covenants & Restrictions — The Willows Subdivision Page 5 of 7
IX. OPEN SPACE:
A two acre area on the Northwest corner of the Flathead Valley Christian School
property, located just South of The Willows Subdivision, designated as open
space/recreation area has been set aside for use by the residents of The Willows
Subdivision. Access to the area is provided by an easement twenty feet (20'-0")
in width across county property at the Southeast corner of the subdivision. The
Willows Homeowners Association agrees to indemnify the school against all
claims, causes of action and damages that may arise from usage of the schools
property and shall maintain casualty and liability insurance coverage that
names the school as a covered insured. The Flathead Valley Christian School
assumes no responsibility or liability for any subdivision residents using the
designated open space.
X. GENERAL PROVISIONS:
A. These covenants are to run with the land, and shall be binding on all
parties, and all persons claiming under them, for a period of thirty (30)
years from the date these covenants are recorded, after which time said
covenants shall be automatically extended for successive periods of ten
(10) years, unless an instrument signed by a majority of the owners of the
lots has been recorded agreeing to change said covenants in whole or in
part.
B. The Grantor and every person hereinafter receiving any right, title or
interest in any tract in said property shall have the right to prevent or stop
violation of any of the said restrictions by injunction or other lawful
procedure, in law or in equity, against the person or persons violating or
threatening to violate these restrictive covenants. Any person who shall
prosecute an action successfully may recover any damages resulting
from such violation, and it is expressly understood by any persons
purchasing this property that, if an action is successfully brought against
him for a violation of these covenants, that a reasonable attorney's fee
shall be assessed against him in addition to any other damages.
C. Invalidation of any one of these covenants by judgment or court order
shall in no wise affect any of the other provisions which shall remain in full
force and effect.
D. These covenants may be altered or additions made thereto with the
written consent of the owners of ninety percent (90%) of the lots (by
number) or the owners of lots agreeing thereto, by written amendment,
acknowledged by signature and filed with the Office of the County Clerk
and Recorder of Flathead County, Montana. The Willows Homeowners'
Association shall be entitled to enforce these regulations as if it was a lot
owner and be, upon prevailing, entitled to attorney fees. Any
amendment is to be deemed effective thirty (30) days after recording or
filing.
Conditions, Covenants & Restrictions — The Willows Subdivision Page 6 of 7
IN WITNESS WHEREOF, we have hereunto set our hands the day and year first
herein above written.
STATE OF MONTANA
County of Flathead
On this day of 1999, before me, the undersigned,
a Notary Public for the State of Montana, personally appeared
known to me to be the person(s) whose
names(s) is/are subscribed to the within instrument, and acknowledged to me
that he/they executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notary Seal
the day and year first above written.
Notary Public for the State of Montana
Residing at:
My Commission Expires:
Conditions, Covenants & Restrictions — The Willows Subdivision Page 7 of 7
LIEN WAIVER
The undersigned do hereby severally waive, relinquish and disclaim any right or claim to
a lien under the statutes of the State of Montana, for any work, labor or materials that
were furnished for the construction of improvements for The Willows Subdivision - Unit
No. 1, at 1005 Willow Glen Drive, Kalisoell, MT 59901.
Dated this 1 `7 day of A1 1999.
T-Bend Construction, Inc., P.O. Box 1415, Whitefish, MT 59937
Company Name Address State Zip Code
$ 9,787.00
Amount
STATE OF MONTANA )
ss.
County of Flathead )
On this 14 tbay of April , 1999, before me, the undersigned, a
Notary Public for the State of Montana, personally appeared Ronald C . Thornberry
known to me to be the person whose name is subscribed to the within
instrument, and acknowledged to me that he executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed Notary Seal the
day and year first above written.
Not Public for the Tate of Montana
Residing at: Columbia Falls, MT
My Commission Expires: 3/22/02
AGREEMENT
AGREEMENT made this 30"t'Uay of r-4 1999, between Flathead
Christian School, a Montana non-profit corporation, and American Land and
Development, Inc., a Montana corporation.
Recitals
A. Flathead Christian School ("School") owns property located in the NWl/4
SW1/4 Section 21, Township 28 North, Range 21 West, Flathead County, Montana,
which is generally shown on Exhibit A.
B. American Land and Development, Inc. ("American") is the developer of a
subdivision known as The Willows located in the NW1/4 Section 21, Township 28
North, Range 21 West, Flathead County, Montana, which is generally shown on Exhibit
A.
C. Located near the northwest corner of the School's property is swail which
American has offered to fill, compact and level in exchange for residents of The Willows
being permitted to use the filled area for park or recreational purposes so long as said uses.
do not conflict with the School's use of the area.
NOW, THEREFORE, in consideration of the mutual covenants and promises set
forth in this Agreement, the sufficiency of which is acknowledged, the parties agree as
follows:
1. Dnprovement to real property. The parties agree that American Land and
Development, Inc. will fill and level the swail located near the northwest corner of the
School's property to the a level of balance, cut and fills. The fill will be of native
materials from the surrounding area, and it will be compacted consistent with acceptable
engineering standards recognizing the intent of the parties that the resulting area will be
uniform, level and suitable for outdoor recreational activity. American will seed the area
with native grasses and will be responsible for ensuring its initial growth in a manner
acceptable to the School. The location and amount of fill material that American may use
from other property owned by the School must have the latter's prior written permission.
American's responsibilities pursuant to this property will be performed prior to
September 1 1999, and its responsibilities shall not be considered completed until the
results have been approved in writing by the School.
2. Maintenance of improvements. Once filled, leveled and seeded, maintenance
of the improved real property will be the responsibility of the School.
3. Permitted use of improved area. The School hereby grants a license (not an
easement) to American and its grantees of lots in The Willows subdivision to use the
improved area for park and recreational purposes, provided that use of the filled area for
School activities shall have priority and may be to the exclusion of American and its
grantees at such times. This license does not extend to any real or personal property of
the School other than the fill area. No improvements may be erected or constructed on
the fill area by American or its grantees without the prior written consent of the School.
4. Alternate usage. The parties recognize that the School may decide to convert
the area of filled real property to other usage in the future. In that event, the School will
notify American, or its successor, of the intended change of usage and will designate
alternate property belonging to the School for recreational or park usage, if available.
5. Indemnification and insurance. American agrees to indemnify the School
against all claims, causes of action and damages that may arise from usage of the
School's property as described in this Agreement, and shall provide casualty and liability
insurance coverage that names the School as a covered insured in the amount of $1
million per occurrence against such claims, causes of action and damages. At such time
as American conveys the common areas in the subdivision to an incorporated
homeowners' association or upon final approval of Phase II of The Willows, American
shall assign this Agreement to said association and shall require the association to honor
the terms of this Agreement, including the provisions of this paragraph. A copy of the
current insurance endorsement naming the School as a covered insured shall be provided
to it by American or the association. The parties recognize that the provisions of this
paragraph are material and that a failure to comply with its terms is grounds for the
School denying usage of the improved area or terminating this Agreement upon giving
prior written notification thereof to American or the Association and allowing them an
opportunity to cure the default.
6. Binding effect. This Agreement shall be binding upon the parties, their
successors, assigns and grantees.
IN WITNESS WHEREOF, the parties have executed this Agreement the day and
year first above written.
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