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Staff Report/Final Plat Unit No. IFlathead Regional Development Office 723 5th Avenue East - Room 414 KalispelL Montana 59901 Phone: (406) 758-5980 Fax: (406) 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. Condition No. 1.That the development of the site will be in substantial conformance with the approved preliminary plat which shall govem the general location of the lots, casements 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 fi7om Schwarz Engineering certifying the improvements has been included with the final plat application. Providing Community Planning Assistance To: Flathead County - City of Columbia Falls - City of Kalispell - City of Whitefish Final Plat for Willows Unit No. I Subdivision April 28, 1999 Page 2 Condition No. 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 1 0 0 1 =-- - I - I a 9-0.1 Milo. a NO a of M! Condition No. 5. The name of the subdivision shall be changed so as not to conflict with other subdivisions in Flathead County narned 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 No. 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 comer 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 comer 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-heu 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 fhe 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 fmal 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, '-&& yw� 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-heu of parkland fee $15,610 Preliminary plat 11 x 17 c: Schwarz Eng., 4 Sunset Plaza, Suite 20 1, 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 V FA -0114 1 �_11 ^4 41- col THE WILLOWS - UNIT NO. 1 Namei Schwarz Engineering Address: 4 Sunset Plaza, Suite 201 Kalis2ell, MT 59901 Phone No. - 406/755-1333 COMM AL Owner: �Vv_ F. P_ DL Q American Land & Develop ent, Inc. P.O. Box 417 406/756-1998 Date of Preliminary Plat Approval: April 1,1997 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 (XUST 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 DEPARi MENT OF ENVIRONMEN 1AL QUALITY PERNE[TTING AND COMIPMNCE 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, rVIONTANA 59620-mi 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 (Jay. 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. Z� 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 engin "AN ECUA L 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) cljv�idl_ 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 COMEPLLANCE DWISION MARC RACICOT, GOVERNOR j7ATE OF MONTANA (400"4-3080 FAX (40"4-1374 JOHN SCHWARZ SCHWARZ ENGINEERING #4 SUNSET PLAZA SUITE 201 KALISPELL MT 59901 Dear Mr. Schwan: September 18, 1998 129 METCALF BUELDING 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-referencM division of land have been reviewed as required by ARM Tide 17, Chapter 36 and have been found to be in compliance with those acts. Two copies of the Certific-ate 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 Department, 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 EOUAL OPPORTUNITY EMPLOYER" STATE OF MONTANA DEPARTMENT OF ENVIRONMENTAL QUALITY CERTIFICATE OF SUBDIVISION PLAT APPROVAL Wfim v7sTIWI.M. 5 111 a I ME --lygm, TO: County Clerk and Recorder E.Q. #99-1264 Flathead County Kalispell, Montana THIS IS TO CERTTFY THAT the plans and supplemental information relating to the subdivision known as The Willows A tact of land located in the Northwest 1/4, Section 21, Township 28 North, Range 21 West, Principal Meridian Montana, Flathead County, Montana consisting of 87 lots have been reviewed by personnel of the Permitting and Compliance Division, and, 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.;W,MMr#1rj I a I M11 ON Zu a) IMMI 0*11 IS WN1 I iFIVOR WIWO 17-01LI) 0 fq#1161W�_-1 W 1011 IN I I 1,74,1W I 1 9 Im 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. #1 1258PE, 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 accompanied by a 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 develoDer and/or owner of record shall p�yide each purchaser of pMpgM with a oM 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(l)(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: ,(,,,DennTs_T­McKenna, Supervisor Subdivision Section Permitting and Compliance Division Department of Environmental Quality Owner's Name: American Land & DeveloDment. Inc. CL. 0� �Rli�0011 110EIVED it� NOV 1 8 1997 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 V%rd 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-nela B. Kennedy Ward I V Please feel free to contact me if you have questions. M- Duane Larson Ward IV Sincerely, David A. Holst Public Works/Engineering cc: file Billmayer Engineering Co. August 26, 1998 John Schwarz, P.E. Schwarz Engineering 94 Sunset Plaza, Suite 201 Kalispell, Mt. 599,01 Re: Wfflows Subdivision Storm Drainage Dear John: The writer has reviewed your REVISED DRAINAGE PLAN, Sheet I 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. 2Respect c ard aAmerm40E. Assistant City Engineer Post Office Box ' 1997 - Kalispell, Montana 59903-1997 0 Telephone (406) 758-7700 - FAX (406) 758-7758 April 27, 1999 Narda Wilson Flathead Regional Development Office 723 Fifth Avenue East, Room 414 Kalispell, Mt. 59901 Re: Willows Subdivision Dear Narda: APPLICATION APR 28 19 9 F. R. D. 0. 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. c ?Respectfully, ard Amerman, P.E. Assistant City Engineer Copy To: Robert W. Stauffer, Schwarz Engineering wost 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 W-M-EMMUN mc & 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 4111 (insert Nature of Permit) DAVE BOARD AMERICAN LAND & DEVELOPMENT 406 / 755-4993 1 Name of Applicant: Phone No. 2. Address of ApDlicanz: 75 FIRST AVENUE WEST NORTH - KALISPELL, MONTANA 59901 3. If A=-- I icant is a Business or Corporation, please provide the nan-?_- 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 n-ap of location. (Submit blueprints or sketches) . z b. Location is to be flagged for pre -construction inspection. LEGAL: Section 21 Township 28 Range 21 6. For hcw long a period is the permit desired: UNLIMITED Permittee my be required, as outlined in Policy Bccklet, to obtain bonding in. both names; -(Flathead Coun-Ly Road Der�artment "or" amlicant) , for assurance of conszructicn �repairs, also to pay necessary recording fees, if required. Jkmlica-Licn. Fee: $50.00 Check No. Rec:e i pt No. —1 Nlame of Surezy ConTany: T-y-pe of Surezy: No. Amt. 8. Reseed: All _"ight-o-E—epay disz-arbed by t.'ne, utilization of this encrcac!h_m-_—.z must be . C Zi= -y We -ese=ded P 0 - acCOrCI.Ing _r1e Spe-­' 1 Ca S Of Lhe Flathead Colm. ed Dept. Contact We,ed Depe-rimir—ant for area information and specifications. 9. Renarks: 10. Rcad Denartment is to be notified upon ccmlettion of work. for scheduling of inspecticn. ANAMM, 01WOR! 11 h.5 as — Apolicanr will cca - lete this form and transmit it to the Flathead County Rcad Dept. This application is for all -_--icroaclrff�ts on or thru County right-of-Aay. When applicant has signed both sides of application and application is approved, a copy will be made available to applicant. (see reverse side) F HEAD COWTY ROAD DEFT. BOARD OF COMISSIONERS IA= Applicant Authorized Reoresentative Chairman Date A,r_ol i can-, ,5 - / - Date Afl- _____k1 Title S ­5 -9 -7 r*70 Camissioner Date Ccrmnissioner Date Sub,!ict' to th-, fo I loving cer3s and condi ti on s , the per3i t a pp I ied for upon the r eve rse side, hereof , is hereby q ran ced: TERM. Ttis per3it shall be in fu;1 force and in effect from the date bereo- until revoked as herein provided. REVOCATION., Tris permit say be revoked by the County upon giving 10 days notice to Per3ittee by ordinary 3a'tl, d4ra-tted cc the aA_dresS shown in the application herer.- attacked, but the County reserves the right to revoke this perm�-� wi:hout .-:vinc Said notice in tne event Perait:ee breaks any off the conditions or terms set forth herein. COMNEXCENENT OF WORK. So work shall- be commenced an:';" Per3-ittee notifies the County authorized represencative!, at _,_ste� on the front of t,,Js application, as to the proposed commencement of work. 4. CBAIGZS 11 HIGHWAY. If ,.,e County c� ne ns'alations under thi_- ..anqes highway, cessitarinc changes in structure or i Der2i:, Peraittee shall sake necessary changes without expense to County. TREMCBTIG OR PAVEMENT ALTERATIONS. Removal of pavement iust be preceded by sawing the existing pavement around the a-eais! to be removed. Replacement base and subbase materials must be coapacced to a minimum of 954 relative density. ReplaCele!llt Of PaVe2ent must be accomplished within five (5) days ol pavement removal. 6. COUNTY SAVED HARMLESS FROM CLAIMS. In accepting thS permit, the Per3itCee, its/his successors or-assign.s, agree to proten '-be County and save iz. harmless from all claims, actions, or damage of any kind and description which say accrue to, o.- be suffered by, any person, or persons, corporations, or property by reaso n of 'he 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-wav, and in case of any suit or action brought against the County and arising out olf, -,r by reason -r, any of the above causes, the Persittee, its/his successors or assigns, will, upon notice to it/hia oil the cosaencement ol such action, defend the same a., its/his sole cost and expense and satisfy any Judgment which say be rendered against the Councv in any suit or action. lic are concernedd PROTECTION OF TRAFFIC. insofar as the interests of the County and the traveling Dub' , all work De.-foried under this Derni, Shall be done under the supervision of the County Road, Department and its author:zed rzoresen:arives, and he/';,ey ShaN 'ndicate 'the contro' devices, the liahtina 'hereof at nic­, placina oL- flaaaen and wacc�.aen. the acceo:aol.a manner in which iS ro be handled, and shall sDecily to Per3ittee how roz,� Surface �s ,I -, be rec*Aced �'f it is o1scurbed during coerations, but said sunervision shai'� in no way ooerate to Jischar.-e ?srr3-i',:ec :froa any of the obiligations assumed by acceotance of thiS permit and especially those W zor:n unde.- Section 6 8. HIGHWAY DRAINAGE. 1-41i cne work done under this oer3i' intarferes in any way with the dralinace of the County highwav -act to affecta.J . Pe_?-3J 7tee shall, ar its IhJ s owD expense, iake such pr,0054��ns as the :,,OUn[Y lay al� �.jKa Care 07 Sala drainace. 9 -e3o'a�ed unde-- this Deri�it, al', rubbish and debr4 a s�al' be immediate*,-,, RUBBISH AND DEBRIS. Upon coauleJon of work con4 in a Deac and oresentable cond1rion satisfactory to the Counrv. ,.e3oved and, roadway and roadside lef.. 10. 909K TO BE SUPERVISED BY COUNTY. Al! work conte2D!aced under this :eri.it sha7_1 be done under the suroervision of and cc t1ne saziz-facton of the authorized reoresentative of the County, and the County heraby reserves the right to order the change of location or remove'-, of any structure of installation authorized by this permit at any time, said changes or re3oval to be aade at the sole expense of the Peraitcee. COUNTY'S RIGHT NOT TO BE 1XTERFERED WITH. All Such chanaes, reconstruct'ng, and relocacion shall- be done by D­.ittee in Such a man, is will �er 3 wo, i-, cause the 'Least interference with any of the County zk, and the 6ounc-; Shall -n nc iav be liable for any damage to the Per3ittee by reason Of any suc . h work by the County, its agents, contractors, or reuresentat'ves, or by the exercise of any richts by the County upon the highways by the Jnstallation or sz.­Ic­�-ras placed under tts perait. 12. REMOVAL OF INSTALLATIONS OF STRUCTURES. Unless wailved by the County, upon termination of this permit, the ?s7*a,--,­,ee shall _�esove the installation or structures conta!;_!-_r.*d by this permit and restore the premises to �te conditicr existing a', the ti3e of entering UDOD 'the same under this perUiC, reasonable and ordinary wear and tear and daiage by Cncc ele3e2cs, or by circumstances over which the Peri�ittee has no control, excepted. i3. MAINTENANCE AT EXPENSE OF PERKITTEU2. Per3ittee Shall 3aintain, at its/his sole expense 'the inst'allations and structures Lor 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 cons t.-uct ion, alteration, repair, maintenance, or iaprove2enc- of the County right.-of�way shall. be at the sole- expense of the Periittee. 15. COUNTY TO BE REIMBURSED FOR REPAIRING ROADWAY. Upon be' -no billed there -for, Periittee 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. ��;c day of A'/'�l 19 7/7 Dated �be undel'sa ed, th . I - "q �/PEIMITTBV mentioned in the -oragoiDg instrument, hereby accepts this perait, together with all of the terms an na tiAs spt n. (Peraittee) (Per2ittee) Z'F-'rM2-L JVU. rA- -/-I X APPROACH (IrL-,-rt Nature of Permit) DAVE BOARD 1. Name of Apol i cant: AMERICAN LAND & DEVELOPMENT phone No. 406 / 755-4993 2. A4kjress of ApDl ic�an-C: 75 FIRST AVENUE WEST NORTH KALISPELL, MONTANA 59901 if Aqpplican�. is a Business or Corporation, ple provide the name of President: and Secretary: 4. Nat-ure of Permit desired. (Give sufficient detail). SUBDIVISION ROAD APPROACH ONTO WILLOW GLEN DRIVE 5. Give description at or near which instal lat ions or structures will be installed. a. Provide detailed map of location. (Submit blueprints or sketches) . b. Izcation is to be flagged for pre -construction inspection. LEGAL: Sect ion 21 - Township 28 — Range 21 rb . For how long a period is the permit desired: UNLIXETED 7. Peermittee my be required-, as outlined in Policy Bocklet, to obtain bonding in both names; -(Flathead County Road Department, or" a=licant) , for assurance or construction repairs, also to pay necessary recording fees, if requ2red. Aj=licaticn Fee: $50.00 Check No. Rece i *pt No. (C -7) Nam Of Surety czmpany, : Type off Surety: 'No. Ann. 8. Resed : All right-of-way disturbed by th� utilization of this encroa&ment must be C=-,,- reseed-ed according to the spe-c-iflic�--ticns o-E the Flat-'-�ad Cznm-cy Weeed Dept- ac Tek-ed De-pa-rtment for area information and specifications. 9. Remr-ks: 10. Road De?zartment is to be notified upon canpletion of viork for sc�neduling of inspection. LkE1111111111111 1111 0*2=019)= 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-ve-n applicant has tigned both sides of application and application is approved, a copy will be made available to applicant. (see- reverse side) . /7 A�p 1 -i cant Appl icant- Date FLAMMAD CO= ROAD DEPI. BOARD OF M114ISSIONERS Authorized Representa-tive Title 15 - 4; Date Date ccMissialer Date Ccmmissioner Date Sub ject 'to the following teris and conditions, he per3i I, applied for upon the reverse side, hereof , is her eby granted: I I.- TERM. This permit shall be in full force and in effect from the date hereof until revoked as herein provided. 2. REVOCATION. * This penh may be rvoked by he County upon gjAg 10 days notice to Peraittee by ordinary ;vj, dinted to the address shown ih the application beroo a"acked. bs he County reserves the rigb, to revoke this permit giving said notice in he event Penittee breaks any of the condi:ions or terms set for:n herein. COMMENCEMENT OF WORK. No work shall be conewed un:K PerhVie DOLL* the Canty authorized mpresnnt:vv� az- ced on the front of th-s application, as to the proposed commencement of work. 4. CHANGES IN HIGHWAY. if tn C3un�y changes highway, necessitating changes in structure or installations under thi. permit, Penittee shall make necessary changes without expense to County. 5. TRENCHING OR PAVEMENT ALTERATIONS. Removal of pavement must be preceded by sawing the existing pavement around the area(s� to be renved. Re-,:aceient base and subbase materials int be compacted to a minimum of 95% relative Replace2ent of payesent 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 claiis, actions, or damage of any kind anc description which aay accrue to, or be suffered by, any ;erson, or persons, corporations, or property by reason of the performance of any su�z work, character of materials used, or manner of installations, maintenance and operation, or by thE improper occupancy of said highway righ.r-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 Per3ittee, its1his successors or assigns, will, upon notice to it!him of the coaaenceian: of such action, defend the same ai its/bis sole cost and. expense and satisfy any Judgment which may be rendered against tie County in any suit or action. 7. PROTECTION OF TUFFIC. Awfar as the interests of the Couty and the traveling public are concerned, all work perfor3O, under this permit :kli be done unde-r-the supervision of the County Road Department and it.-- authorized representatives, and he/the.y shall indicate the traffic control devices, the lighting thereof at night, placing 3- flagmen .and watchmen, the acceptable manner in which traffic is to be kDd!E�, and shall specify to Penittee how road :u7f3cs is to be replaced if iWis disarAd drAg oyntionsi Ac s6d supaysion ski! in no way opera-,-e to relieve or d:scharge Penittee froa any of the ob:igacions assumed by acceptance of this penit and especially those set for,.b under Sec::on 6 hereof. S. HIGHWAY DRAINAGE. If the work done under this peni: interferes in any way with the drainage of the County highway iffact& Penittee sh5l, a: its/his own expense. ate sub prokshns as the County may direct to take care of said drainage. RUBBISH AND DEBRIS. Upon cupletion of muk cmaglated unde: thzis peniV all rubbish and debris shall be immediately re3oved and roadway and roadside left in a neat and presentable condition satisfactory to the County. 10. iORI TO BE SUPERVISED BY COUNTY. 111 work cuu3placed under this peraic sh:1 be done under he squvision of and to :he satsfac;in of he authorized rqnsuatHe of be Counc:y, ad the Couny hereby reserves the right to order the daqe of localon or resova: of any stneure of Asul-lation authorind by his perait at any the, said changes or re3oval to be made at the soie expense of the ?enitcee. COU17T'S RIGHT M? TO BE 13TERFRED WITL All such changen reconstructing, and relocation shall be done by Per2itzee in such a mamer is All cane the lust inarbrence with a" of he County's wod, and the County shh! in no way be Mle for any daye to he Pnhttn by reason of any sub work by 'he County, its agents, contractors, or representatives, or by the exercise of any rights by ,be c3unty upon the highways by the installation or stzjc.-u:as placed under this permit. i2. REMOVAL OF INSTALLATIONS OF STRUCTURES. Unless waived by the County, upon termination of this permit, the Periittee shall remove the installation or structures conasplated by this permit and restore the premises to the coDL-:on existing at the time of entering upon the same under this per3it, reasonable and ordinary wear and tear and damage by tne ele2ents, or by circusstances over which the Penittee has no control, excepted. 13. 9AI1TFJA1C8 AT EXPENSE OF PERMITTLEE. Penittee ski! nintain, at its/his sole expense the installations and stnctures 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 Penittee agrees that any damage or injury done to sAd intal-latons or structures by a contravor working he County or by any Canty eyloyee eqaged ovezent of the County right-of-way, shal.l. be at the so -le expeue - docaorution,alteration, repai,, maintenance, or imp, of the Per2ittee. 15. COUNTY TO BE REIMBURSED MR REPAIRING ROADWAY. Upon being Vied then5r, Per2ittee agrees to promptly rei3bur.-;e the Z-unty 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 tne work performed under this permit. Dated %this d a v o f 19 ��7 The undersigned, the 'PERMITTEE' mentioned in the foregoing -nstn3ent, hereby accepts this permit, together iith all of the terms a ond 4 lops set. f h erein. P er, t t�-�- (Permictee) APPROACF PERMIT R QUIREMENTIS rru-n. .. i. 14G NDITIONS ARE ME7- TS IF T:iE; CO --rees are t= v e o m the cc-",-Iz- r a for. a distance ci s i a e C D-r%D=_= 1. = : ;z L) ' * I -- r o 4- h e c f e =_ t and a sez'--a- f e e �. L shoulder of the rcad. (This will faci.1 itate.. improved. r :;a -Y an-' C u er t v C a M; A CzrruC=_r.=_I-i Metal 0 (i Ite-n-e-ath t2he' arproazh; -zh zlne C V e 7 0 S Z -, .0 eVe-, w I T. n -=:Ic at the sa-me grade as th-e- 'rainag= should _�,70:nz. !T-'n.-- culvez-z prov-de a2equat.e accumula�=_ in the 0 a C., M U s z awa7 7 r om" -;.ne count-; road. (See the azzach.id she'---,. foZ.- det=-ils.) wj _eciuce 7_n.�e amoun__ C: grave-i loss.a.-Id t.he=,OCs:z 0; drainace from z h 'c 0 un t r 0 I approach,es onto a p-aved :,cad sh'al 1 be =aVe_d: a 24 feez a_n-� f r c 7,.,' ths pave' e'_- e 7, C z .7. S 7u C o n. S c f C a i on S =_711d re-:-u-irements s=-=- r7t 'Z Sr a s W za. 7ne COU­�7--7 0 u z - C s 7, L, , Z 0 -3 =-:-3as to r W- er, t ;=I.' -";z CroWz:4 or ncxlous 0 ME' COUZI'Zy .:%0 a C_ a S 11 a s z In e a d I a "t p r 0 p Z sc*,--Zul e a =Qs� c On s �­L­ C the Road C_ 4o P%4C �-, P R 0 A C H P -7 R M 1 T T -*-r A C F M E I! T T Ci, "7' rJ LA"' D 1 RADIUS STRIP SEE APPROACH PERMIT ALL LANDING STRIPS 75-01 MINT. LANDING TO BE SLOPED 0.03 FT. STRIP FOR COUNTY < PER FOOT AWAY FROM & MAIN ROADS. =TGHWAY FOR nRAINAGE 2-5.0' MINT. F07R—�'�, R,:,Gr7LAR APPROACH ----------- r V "INC -'R NC SE- APPROACH DE--MlT "pi- G , !Zr C. APPROAC�.--. WIDT-H-24 f eet SEE APr-ROA'-:--' 'P-7.31MIT TYPICAL S7-CTTON USED 6:1 SLOPE FOR FILLS OF 5 FEET CR LESS FOR DRAINAGE USE PIPE AS SPECIFIED IN APPROACH PEP -MIT 7 1� 0 %:.n - -c - -- - - "-- Fr. r-� 10 % Ur 17: T, E So- T -1 IM , G-RAD-7 APPROACH NOT T- 7 -RAF.z'.r-' TV% Z A.j D C!,D S T T N % -- '7:Z T 1 f -7 2, -.01CATE A P P R 0 ACH 7- S T 0 12 -E C 0 N S T R r-'C T E D- T 0 T L C A L C C i-; D i 7- r B,--, -A I � i MIN7MIlT n 7RIF71C =-ZAao AND -F70RO ZAr7 SUCH r"% K4NNz-R AS T") - 4- ^ . ...?% r% , AND COMUMODIOUS ENTRY AND EXIT OF T.I:LkF.7-TC TO AND FROM H:G,-:W-AY. SeedYna wiLl be drLled f6flowin a tI2e slope contours Z-I� I= ihmediatel.7 after final garading, using- the below, mix. Tbe seedin,!z m-Lran d ra tes to be used are as fol7ows: SPECIES s PLSIACRE Regar brome 3-5 Flard fescue 3.0 -Inte=ediate 2.5 Alsike clover 2.5 Annual ryegrass 2-5 Ken tucky bluegrass 2.0 Ladak alfaffa 2.0 Timo t b y- 1.5 Napier orchardgrass 1.0 , 4-o tal po un ds per a cre 20.5 T� P-T S/4 CR 27 =, ea -n s po unds per F-Cre of Du--,e, —7-,Ye Seed 'Eed -;-o be w�eed, free. T�e 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 - _n a, 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. g'Q" /y) C� ELDEN MARVEL MGR CUSTOMER SERVICES U S POSTAL SERVICE FLATHEAD STATION 2481 ST AVE W KALISPELL MT 59901-9998 NO V i ti 1998 FAx: JF 4i KEL-'T RC I ----------- tl 4F- ------------ ------------- L Jv- M ZE go 3m DECLARATION OF CONDITIONS, COVENANTS AND RESTRICTIONS THE WILLOWS SUBDIVISION 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 restTictions 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 I 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 stnucture 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. 0. 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 11. 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. Ill. 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 sha,14 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 adopt e-d 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 �ght, 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 filina. 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 /qday of Afl �'l 1999. F T-Bend Construction, Inc., P.O. Box 1415, Whitefish, MT 59937 Company Name . Address State Zip Code $ 9,787.00 Amount - - -- - I - I I - - 11 - - - - .7 7 STATE OF MONTANA ss. County of Flathead Onthisl4tbayof April . 1 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. Notc�<-Public for the �T`ate of Montana Residingat: Columbia Falls, MT My Commission Expires: 3/22/02 AGREEMENT AGREEMENT made this 30"t�Uayof.. &-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 NTWI/4 SWI/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 NW 1/4 Section 2 1, Township 28 North, Range 21 West, Flathead County, Montana, which is generally shown on Exhibit A. C. Located near the northwest comer 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 prope . The parties agree that American Land and Development, Inc. will fill and level the swail located near the northwest comer of the School's property tothe 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 gasses 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 i=rovements. Once filled, leveled and seeded, maintenance of the improved real property will be the responsibility of the School. 3. Permitted use of i=roved 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 usa-e 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. -ad E-3hristi 111�� American Land and Development, Inc. A- — \-I-- President i/ )OPresident W- m 4C —a r-no n 0 WAFE�A + FFOFeFT'�( COUNTY SHOP COMPLEX F 7 6 5 7 6 5 3AC 3 2 2 A AM D PLAT s L 'A9FA -To Fi--- CHR S c "-� �001- ioT