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4. Final Plat - Cottonwood Park SubdivisionREPORT FROM* SUBJECT MEETINGATE* City of Kalispell Planning Department ` ree.Eas� Suite 2 . Kalispell, Mona 5990 Kalispell Mayor and City Council Narda Wilson., Senior Planner James H. Patrick, City Manager Final flat for Cottonwood Park Subdivision September 1, 2005 Telephone: 40751-1850 Fax: o6 R BACKGROUND: This is a request for fma.l plat approval of Cottonwood Park Subdivision that plats 39 lots consisting of 31 single family lots and 8 townhouse lots on appro.,sdmately tern acres. This subdivision is located at the northwest comer of Stillwater Road and Three Mile Drive. Most of the required infrastructure has been completed and constructed m accordance with City standards. The remaining improvements are being addressed with a subdivision improvements agreement and a letter of credit M the amount of 125 percent of those costs totaling $11,640. It is anticipated that the remaining improvements will be completed by July 31, 2006 in accordance with the agreement. A park has been dedicated and approximately $20,000 in park improvements ents s Mel ded ire the SIA. When the property was annexed into the city and given are. -3, Urban Single Family Residentialzoning designation, the subdivision was given preliminaxy plat approval by the Kalispell City Council on April 4, 2005 subject to conditions. Subsequently a. conditional use permit was granted allow.g the conversion of four single family lots into four two omit townhouse lots subject to the same conditions as the preliminary plant. A list of the conditions of preliminary plant approval for this subdivision and a discussion of how they have been met or otherwise addressed is included with the transmittal letter attached. REC MMNAT motion to accept the subdivision improvements agreement and approve the final plat for Cottonwood lark Subdivision would be in order. FISCAL EFFECTS: Potential positive impacts once developed. ALTERNATIVES: As suggested by the City Council. Cottonwood Park Subdivision August 3' 1, .2005 Page Narda A. Wilson Senior Planner Report compiled: September 14, 2005 es H . k ity Manager Attachments: Fetter of transmittal Vicinity map Final plat Final plat application and supporting documents REPORTS /KAI , / 0 KFKF- -14 MEMO 2 SUBDIVISION IMPROVEMENT AGREEMENT THIS AGREEMENT, made and entered into this _ day of 2005, by and between the CITY COUNCIL, CITY P KA I PEL L, MONTANA, Flathead County, Montana, Party of the First Part and hereinafter referred to as the CITY, and Andrew and Tricla Silvers, located at 2665 Farm to Market Road, Kalispell, Montana, 59901, Party -of the Second Fart and hereinafter referred to as D.P. W1 'N S H: THAT WHEREAS, the Developer is the owner of a new subdivision known as ITC TTONW D PARKIt, located in Section 2, `f`28N, R22W, PM , Flathead County and, WHEREAS, the city has conditioned it's approval of the final plat of "COTTONWOOD PARK". upon the conditions as set forth in the Preliminary Plat of the Subdivision being completed and all improvements, as cited in "Exhibit A" have not been completed at this time, and the Developer wishes to bond for the completion of those improvements set forth in "Exhibit ,A"; and WHEREAS, the City's Subdivision Regulations require that a subdivider shall provide a financial security of 12 % of the estimated total cost of construction of said improvements as evidenced by an estimate prepared by a licensed public engineer or the contractor included herewith as "Exhibit ", and WHEREAS,, the estimated total cost of construction of said impro ements is the sum of 9,31 .0 . NOW THEREFORE , in consideration of the approval of the final plat of said Subdivision by the City, the Developer hereby agrees as follows: 1. The Developer shall deposit a3 collateral with the City a Letter of Credit, or other acceptable collateral as determined by the City Council, City of Kalispell, Fontana, in the amount of $111,640,00. Said Letter of Credit or other collateral shall have an expiration date of at least sixty 0 days following the date set for completion of the improvements, certifying the following. a. That the creditor guarantees funds in the sum of $1119640.009 the estimated cost of completing the required improvements in "COTTONWOOD PARK". b, That if the Developer fails to complete the specified improvements within the required period, the creditor will pay the City immediately, and without further action, such funds as are necessary to finance the completion of those improvements p to the limited of credit stated in the letter; 2, That said required improvements shall be fully completed by JULY 31, 2006. 3. That upon completion of the required improvements, the Developer shall cause to be filed with the City a statement Certifying that: . All required im.provemems are complete; b. That the improvements are in compliance with the minimum standards specified by the City for them- construction and that the Developer warrants said improvements against any and all defects for a period of one 1 year from the date of acceptance of the completion of those improvements by the City; c. That the Developer knows of no defects in those improvements; d, That these improvements are free and clear of any encumbrances or liens; That a schedule of actual construction costs have been filed with the City; and f. All applicable fees and surcharges have been paid. . The Developer shall cause to be filed with the City copies of final plans, profiles, grades and specifications of said improvements, with the certification of the registered professional engineer responsible for their preparation that all required improvements have been installers in conformance with said specifications. IT S ALSO AGREED BY AND BETWEEN THE I S HERETO AS FOLLOWS, -WIT: That the Developer shad provide for inspection of all required improvements by registered professional engineer- before the Developer shall be released from, the Subdivision Improvement Agreement. That if the City determines that any improvements are not constructed in. compliance with the specifications, it shall furnish the Developer with a list of specif ie deficiencies and may withhold collateral sufficient to insure such compliance. If the City determines chat the Developer will not constrUct any or all of the improvements in accordance with the specifications, or within the required time limits, it may withdraw the cof ateral and employ such funds as may be necessary to construct the improvement or improvements in accordance with the specifications. The unused portions of the collateral shall be returned to the Developer or the crediting Enstit do , as is appropriate. IN WITNESS WHEREOF, the Parties have hereunto set their hands and seals the day and,,rar here' ore w . f� ------ --------- W H. SILVERS � , -_".TRICI L. S 1 ERS STATE OF M N ANA COUNTY OF F1 head n this �` da of before one a NotaryPublic for the .� �' I Mate of Montana, personally ppppeareT.&NDREW H. and ` `RICI . L. SILVERS, husband and wife and known to me to be the persons whose names are subscribed to the foregoing instrument and acknowledged to me that they executed the same. IN WITNESS WHEREOF, f .have here. � e �}#hand and affixed zny Notarial e t day and year first above ritte ram... i y#� y;erg$ elk €i 5� .-" - L.€ 3� � � it w... -..... �.w �^..... '� � ^-"" T ary Public for the Mate of Montan Rodiding at Kalispell, Montana �WCommission Expires6/18/2007 CITY NCI , CITY OF KALISPELL, MONT ANA ATTEST: City Clerk ENGINEERS ESTIMATE OF CONSTRUCTION PROGRESS Cottonwood Park Subdivision Flathead County, Montana City of Kalispell, Montana Exhibit A Exhibit l 11TEM EST. TOTAL I COST % COMP REMAIN .. Roads a. Exc and Grade to Subbase 571M0 5% 25850 b. Base, Crush Rock $ 31,500 100% e. Paving5% 5 d. Site Concrete/Lights and Bases $ 1000 100% e. Curbs/Gutters ,000 100% w idewall s $ 42,600 100% . Bike Path . base & Cushion25 ,295 b. Pavia $ 1. ,1. 0% 10,192 . Sewer a. Manholes & " Sewer 51,200 100% b. Services 171550 100% c. Lift Station & F.M. ,oho %65480 . Water . " water Mains $ 38,480 100% b. €# valves % -- e. " Hydrants wNalves 15,000 100% . Services M500 100% . Storm water a. 8 " Malls $ 6,200 100% b. CateBasins $ 4j5} 1 0% ++k Manholes Separators 13,2M MOO f % � d. Retention Basins Postal Service a. Mailboxes ii & MounLi- $ }� /V � 2.500 f �/ V y *Y �500 '. Signage a, Street Signs 21400 f 1 C if b. Traffic e i s 1.600 100% . Landscape a. Trees 14490 � 4.Rf $ } 1 R i 4/}Y b. Seed & Topsoil 5 o °/ .i 5.220 . Utilities a. Electric 32�402 100% b. Gas 53 �1 % . ele one ' / 91707 100% ti d. Cable ' ` ^ e. Trench, Conduit &Vaults � 1 % o. Farb Improvements 20,000 0% o,o o Subtotal 619 058 86% l used on Combined Total. Rernainmajo. Complete 895312 [Based on Combined TotakSe xrity Amount Required x 1.25 111, 55 .gyp C.. _. Three ..ive�r au o Montana is a plat whereyou can still know your hanker, get per ova hz d attention and quick amswers hecause we're independently owner and locally operated. STANDBY LETTER OF CREDIT Letter of Credit No..091605A Dated: o o5 Expiration Date; 30 Amount: $111,640..LO Kalispell City Council City of Kalispell P.O. Box 1997 Kalispell, Mt. 59903 We hereby establish in your favor an irrevocable letter of credit up to an aggregate amount of Nine hundred ninety-two thousand two hundred fifty and no/too dollars $ 11, o.00) at the request of Andy H. Silvers & TriciaL. Silvers. If, Andy H. Silvers & Tricia L. Silvers should fail to complete the specified improvements, i the Cottonwood Park subdivision within the time period set forth in the attached Improvements Agreement, we will pay on demand your draft or drafts for such funds, to the limit of credit set forth herein, as are required to complete said improvements. All drafts must indicate the number and date of this letter of credit and be accompanied by a signed statement of an authorized official that the amount is drawn to install improvements not installed i conformance with the Improvements Agreement and specifying the default or defect in question. All drafts must be presented prior to the expiration date stated above, and this letter of credit rust accompany the final draft for payment. This letter may not be withdrawn or reduced in any amount prior to its expiration date except by your draft or written release. THREE RIVERS BANK OF MONTANA -t Y ,-J'ohn R. King, - eSide6t CEO I, Donald W. sears, certify that I am the Consumer Loan Manager of Three Divers Bank of Montana; and that John R. King, who signed this Later of Credit on behalf of said Corporation, was then President of the said Corporation by authority of its governing body and is within the scope of its Corporate Powers. } Ron W. sears, CLM 233 c o P. . Box D • Kalispell, �. � - �� -, -- -� : * Fax �- ` - 021 • .1. - -- -1 8 MEMBER F.D.I.C. #..:::.:: f.{ ww ,t rir az c �-i.ana.com 121 City of Kalispell Planning Department Street .East Suite 211, Kalispell, Mona 59901 Telephone: 40751-1850 Fax:751-1858 September 14, 2005 Mr. James Patrick, City Manager City of Kalispell P.O. Drawer 1997 Kalispell, el.l, MT 59901 Re: Final Plat for Cottonwood Park Subdivision Dear Jim: ,r office has received an application for final plat approval of Cottonwood Park Subdivision that plats 39 lots consisting of 31 single family ily lots and 8 tovmhouse lots on apprmdmately tern acres. This subdivision is located at the northwest comer of Stillwater Road and Three Mile Drive. Most ofthe required infrastructure has been completed and constructed in accordance with City standards. The remaining ainin improvements are being addressed with a subdivision improvements ents agreement and a .otter of credit in the a.rrro nt of 125 percent of those costs totaling $11,640. It is anticipated that the remaining improvements will be completed by July 31, 2006 In accordance with the agreement. A park has been dedicated and approximately $20,000 in park improvements is included in the SI . When the property was annexed into the city and given an -3, Urban Single Family Residential zoning designation, the subdivision was given preliminary plat approval by the Kalispell City Council on Apn*1 4, 2005 subject to conditions. Subsequently a. conditional use permit was granted allowing the conversion of four single family lots into four two unit tovmouse lots subject to the same conditions as the relirr�'nary plat. The following is a. list of the conditions of prehminary plat approval for this subdivision and a. discussion of homer they have been met or otherwise addressed. C MPLLkNCE WITH CONDMONS OF APPROVAL Condition No. 1 That the development of the site shall be in substantial eomphance with the application submitted, the site plan, mat rla.ls and other s eci iea.tl.ons as well as any additional conditions associated with the rehn-iinary plat as approved by the city council. (Kalispell Subdivision Regulations, en&x C - Final Plat) . Cottonwood Park Subdivision September 14, 2005 Page 2 This condition has been reset. The final plat complies with the preliminary plat that was approved.. Condition No. 2 That the plans and specifications for aH pubhc infrastructure be designed and Mstalled in accordance with the Kalispell Design and Construction Standards and a letter shall be obtained stating that they have been reviewed and approved by the Kalispell Public Works Department. (Kah'spell Subdivision Regulations, Chapter 3, Design Standards,, Section 3.01 . This condition has been met. A letter from the Kalispell public Works Department dated 5 Jos approving the infrastructure plans has been submitted with the final plant. Condition No. 3 That a. rm*ni .um 20-foot buffer strip shall be established along Three Mile Drive and along Stillwater Road between the roads and the subdivision that would include a bike and pedestrian trail a.n.d buffering in the form of ber-min.g or landscaping or both. These improvements are to be coordinated with. the Ka.l. seen l ub e Works Department, Parrs and Recreation. Department, Flathead. County Road Department and Montana Department of Transportation. This condition has been adequately addressed. Most of the bike and pedestrian path has been completed with the remaining pro ements being covered under the subdivision improvements agreement. Condition No. 4 Lot 7 which has a substantial part of the building paid located in the 100 year floodpla.l.r be eliminated and the lots to the south be shifted to the north so that the building pad. for Lot 1 will be entirely out of the f.00dpla n.. Kalispell Site Development Review committee) This condition has been met. The lots have been rearranged so that there are no lots in the 100 year flood.plain.. Condition No. 5 Demonstrate that development within the 40 by 40 foot building area for proposed Lot 36 can be achieved without disturbance or filling the 100 year floodplain area and that the required setbacks can be met. (Kalispell Site Development Review Committee) • This condition has been met. A detailed sketch indicating a 40 by 40 foot building area has been submitted with the final plat. Condition No. 6 That a. pedestrian access be developed to access the park area from the north where Lot 7 would have been previously located. (Kalispell. Site Development Review Committee) This condition has been adequately addressed. A pedestrian path has been indicated on the plat at the north end of the subdivision where Lot 7,row Lot 6, is located.. Cottonwood Park Subdivision Page Condition No. 7 That a letter be obtained from the Kalispell Parrs and Recreation Director approving a landscape plan for the placement of trees and landscaping materials within the five foot landscape boulevard developed between the curb and the sidewalk. (Kalispell Subdivision Regulations, Section 3.11 . This condition has been met. A letter from the Kalispell Parks and Recreation Department dated 8/23/05 approving plan four landscaping has been submitted with the fmal plat. Condition No. 8 That the area designated on the plat as "park" shall satisfy M part the requirements for parkland land dedication and shall be developed in accordance with a plan approved by the Kalispell. Parks and Recreation Director that provides recreational amenities including but not limited to pedestrian access, irrigation, landscaping and play equipment so as to provide a recreational component within the development and not simply let as passive open space. The developer shall attempt t coordinate with the developer of Blue Heron Estates and. the Kalispell Parks and Recreation Department to develop a. park that is integrated with the park development laps for Blue Heron Estates to the west. (Kalispell Subdivision Regulations, section .1. * This condition has been adequately addressed. A letter from the Kalispell Parrs and Recreation Department dated 9 / 12 / o 5 outlining a plan for park improvements and the estimated cost of the improvements has been submitted with the final plat. The cost of the park improvements has been included in the subdivision improvements agreement. ent. Condition iti The following requirements ents shall be met per the l ahs ell Fire Department; (Kalispell Subdivision Regulations, s, Section 3.20). a. 'Falter maims designed to provide minimum dire flours shall be ire stalled per City specifications at approved locations. Minimum fire flows shall be in accordance with the International Fire code 20Appendix D. b. Fire hydrants shall be provided per City specifications at locations approved by this department,, p6or to combustible construction. C. Fire Department access shall be provided in accordance with International Fire Code 2003 Section 503. d. Due to project phasing it should be noted that hazardous weed abatement shall be provided in accordance with City of Kalispell rdmance 10- . e. It is recommended that consideration be given to annexation of Three Mile Drive and Farm to Market Road adjacent t to the public right-of-way. • This condition has been met. A letter from the Kalispell Fire Department dated / /2o 5 approving the subdivision has been submitted with the fmal plat. Condition No. 10 The roads within the subdivision sh.al.l be named and signed i accordance with the policies of the Kalispell I ubhc Works Department and the Cottonwood Park Subdivision September 14, 2005 Page 4 Uniform Traffic control Devices Manual and be subject to review and approval of the Kalispell Fire Department. A letter shall be obtained from the Kahspe l Public Works Department stating the naming and addressing on the final plat have been reviewed and approved. Kalispell Subdivision Regulations, Section 3.09). • This condition ha been adequately addressed. Si .ague has been . included in the subdivision improvements agreement. t. Condition No. 11 AR em*sting and proposed easements sh.afl be Mdicated on the face of the fma.l plat. Utility easements for City grater and sewer shall e provided to allow for the logical extension of utihties from this subdivision to adjoffiffig properties. A five foot utility easement be placed behind the right-of-way along all lots to allow for the placement of utilities minus City surer and water. The placement of unities should be coordm* ated. with the respective utffity comps-mi.es prior to construction. A letter from the Kalispell Public Works Department shall be obtained stating that the required easements are beffig shown on the final plat. (Kalispell la is Forks Department) . This condition has been met. The required easements have been indicated on the face of the final plait. Condition No. 12 After the construction and. Msta latior of util sties are completed., the developer shall insure that all property corners are replaced by a licensed surveyor that might have been disturbed during construction. In locations where there is a conflict such as are electrical paid, are offset marketer shall be placed and recorded on the f maf plat. Ka .spell Public lic Forks Department). This condition ion has been adequately addressed. Required rx onumentation wi1 be completed upon completion of ` the final site work, Condition No. 13 The developer shall provide a letter from the U.S. Postal Service approving the plan for rail service. (Kalispell Subdivision Regulations, Section 3.22). This condition has been met. A Letter from the USPS not d.a.ted has been submitted. Frith. the final plat. Condition No. 14 Street lighting shafl be located within the subdivision and shall be shielded so that it does not intrude unnecessarily onto adjoining properties. (Kalispell Subdivision Regulations section 3.09(L)). This condition has been adequately addressed. The street hgh.ts have been purchased from FEc and the paid invoice Included with the final plait application. Condition No. 15 All utilities shall he installed underground. (Kalispell Subdivision Regulations, section 3.17). • This condition has been reset. Utilities have been installed underground as verified y an on -site inspection. Cottonwood Park Subdivision September , 2005 Page Condition No. 16 That a. minimum of two-thirds of the necessary infrastructure for this subdivision shaU be completed prior to final plat submittal. This condition has been met, Improvements in excess of two thirds have been completed prior to fmal plat submittal. Condition No. 17 The base flood elevation of the 100 year flood plain be delineated, along with the elevation, and be indicated on the final plat. This condition has been met. The 100 year floodplain has been shown on the face of the fma.l plat along with the BE. Condition No. IS All areas disturbed rhed during development of the subdivision shall be re -vegetated with a weed -free mix immediately after development. This condition has been adequately addressed. Seeding has been included in the subdivision improvements agreement. Condition No. 19 A note shall be placed on the face of the final plat which waives protest to the creation of a special improvement district for upgrade of roads in the area to City standards which are impacted by this subdivision.. • This condition has been met. The required note has been placed on the face of the final plat. Condition No. 20 That preliminary plat approval shall be valid for a penod of three years from the date of approval with are automatic two year extension as each phase o the subdivision divisio plat has been completed and filed if the subdivision is phased. (Kalispell Subdivision Regulations, Section 2.04). This condition has been reset. The final plat has been submitted prior to the expiration of the preliminary plat. CONMUNCE WITH APPROVED REIMIN.R PLAT The final plat is in substantial compliance with the amended preliminary plat which was reviewed and approved by the City Council on dune 6, 2005. C MPLUNCE WITH THE SUBDIVISION REGULATIONS. This subdivision plat has been found to be in compliance ee ith the State and City Subdivision Regulations. s. Cottonwood Park Subdivision September 14, 2005 Page eMPMNCE THE ZONING REGULATIONS This subdivision can be found to be in compliance with the Kalispell Zoning Ordinance and. the R- 3 , Urban Single Family Residential, zoning i designation and the conditional use permit for the creation of the townhouses for the property which governs the dimensional requirements of the lots within the subdivision as well as the uses. All of the conditions of p ehminary plat approval have been reset or otherwise adequately addressed. The staff would recommend that the Kalispell City Council approve the final a.l. plat for Cottonwood park Subdivision. Please schedule this matter for the regular city council meeting of September 19, 2005. Sincerely, Nard.a A. Wilson Senior Planner Niid Attachments: Vicinity map 1 opaque mylars of final plat reproducible mylar of final plat I copy of final plat Ltr from Jackola Engineering dated 8/26/05 Final plat application dated 8% 23 /Q5 Ltr frozen. MDEQ dated 4/25/05 Ltr from MDEQ dated 5/4/05 Ltr from public works dated 7/25/05 Ltr from public works dated 7/25/05 Ltr from Fire Department dated 4/4/05 Ltr from Kalispell Parks and Rec dated 8/23/05 Ltr from Kalispell Parks and Rec dated 9/12J05 Ltr from USPS no date Flaadpain sketch for Lot 36 Ltr from Andy Silvers dated 8 / 23 / 05 Treasurer's certification dated 8/24/05 Title report dated 8/ 15/05 Consent to plat from Three Rivers Bank dated 8/23/05 Ltr from public works dated 9/ 13/45 Ltr from Jackola Eng certifying improvements dated 9 / 12 / 05 Subdivision improvements agreement no date Cottonwood Park Subdivision September 14, 2005 Page Letter of credit $111,640 from Tree Rivers Bank dated / 1 / 5 Utility documentation tati Covenants, conditions and restrictions Reduced plat showing subdivision Ce/w att Theresa White, City Clerk Jim Burton, Jackcla Engineefing, Box 1134, Kalispell, MT 59903 Andy & Tricia Silvers, 2665 Farm to Market Rd, Kalispell, M 1 August 2, 200 4, Mr. Tom Jentz City of Kalispell. Planning Department ent 17 Second Street East Kalispell, Montana 59901 Re: Final Plat ppl-I atio Cottonwood Park Subdivision Sec. 2, T28N, R22W, P1 , M, Flathead. Counter Dear Mr. Dent Enclosed is our Application for Final Approval for the above referenced Subdivision. Conditions of Preliminary Plat Approval are as follows: That the development of the site shall be i substantial compliance with the application submitted/ the site plan, materials and other specifications as well as any additional conditions associated ith the preliminary plat as approved by the city council. Plat is in compliance 2. That the plans and specifications for all public infrastructures e designed and installed i accordance with the Kalispell Design and Construction Standards and a. letter shall be obtained stating that they have been reviewed and approved by the Kalispell Public Works Department. portioni is being bonded. (P)405.70 (F)406.755.32 1 B P© E30X1 1 34 µ1 E330 `�"' AvE E SUITE 302, # AL3SEl..L,MT. 5990 1 . That a minimum 20-foot buffer strip shall be established along Three Mile Drive and. along Stillwater Road between the roads and the subdivision that would include a bike and pedestrian trail and buffering in the form of ber ing or landscaping or both, These improvements are to be coordinated. with the Kalispell Public c Works Department, Parks and Recreation Department, la.thead. counter Road Department and Montana Department of Transportation. Bike Path is being boded . Demonstrate that development within the 40 by 40 foot building area for proposed Lot 36 can be achieved without disturbance or filling the 100 year f .00d.plaln area and that the required setbacks can be rye t . ,fee enclosed blow-up drawing showing 401x401 and floodplain boundary. . That a letter be obtained from the Kalispell Parks and Recreation .on Director approving a landscape plan for the placement of trees and landscaping materials within the five foot landscape boulevard development between the curb and the sidewalk. See enclosed letter, trees and landscaping is being bonded and will be done next spring, 6. That the area designated on the plat a "park" shall satisfy in part the requirements for parkland dedication and shall be developed in accordance with a plan approved by the Kalispell Parks and Recreation Director that provided recreational amenities including but not limited to pedestrian access, irrigation, landscaping and play equipment so as to provide a recreational component within the development and not simply left as passive open space. The developer shall attempt to coordinate with the developer of Blue Heron Estates and the Kalispell Parks and Recreation Department to develop a. park that is integrated with the park development plans for Blue Heron Estates to the west. (P)'r'^F06. / . r320B (r )40i.1 . l r 3 2 S PO BOX 1 1 4 — F 8 30 RO AVE E SUITE 302, ALI .;:.1R LUs M F . 90 1 Irrigation, Playground equipment and landscaping is being bonded. . The following requirements Shall be met per the Kalispell Fire Department. a. Water mains designed to provide minimum fire flows Shall be .installed, per City Spe ificationS at approved locations. Minimum fire flows shall be in accordance with the Internationa2 Fire Code (2003) Appendix B. b . Fire hydrants shall be provided per City specifications at locations approved by this department, prior to combustible const uctio c . Fire Department access shall be provided in accordance with International. Fire Code oo Section 503. d. Due to project phasing it Should be noted that hazardous geed abatement shall be provided in accordance with City of Kalispell Ordinance 10 - . e # It is recommended that consideration be given to annexation of Three Bile Drive adjacent to the public right-of-way. See enclosed letters from Engineer, Fire Department and Landowner . The roads within the subdivision shall be named and signed in accordance with the policies of the Kalispell Public Works Department and the Uniform TrafficControl Devices Manual and. be subject to review and approval of the Kalispell Fire Department. A letter shall be obtained from the Kalispell Public Works Department stating the naming and addressing on the final plat have been reviewed and approved. See enclosed letter (P)406,7 55.3 20B (F)406.75 5.3 21 8 R 13 BOX 1 1 34 -1 830 5'0 AVE E ms...' UITE 3 0, Karl-15RELL,MT, 599 01 . All existing and proposed easements shall be indicated on the face of the final plat. Utility easements for city water and sewer shall be provided to allow for the logical extension of utilities from this subdivision to adjoining properties. A five foot utility easement be placed behin.d the right-of- way along all lots to alloy for the placement of utilities minus city sewer and water. The placement of utilities should be coordinated with the respective utility companies prior to construction. A letter from the Kalispell Public Works Department shall be obtained stating that the required e easements are being shown on the final plat. See enclosed letter 10. After the construction and installationof utilities are completed, the developer shall insure that all proper -ter corners are replaced by a. licensed surveyor - that might have been disturbed during construction. In locations where there is a conflict such as an electrical pad, an offset marker shall be placed and recorded on the final plat. Property pins will be set soon as all preliminary to work is done. 11. he developer shall provide a letter from the U.S. Postal Service approving the plan for mail service. See enclosed le e 12, Street sighting shall be located within the subdivisionand shall be shielded so that it doe not intrude unnecessarily onto adjoining properties. Street lights have been purchased and will be installed y Flathead Electric co-op (see enclosed receipt) 13. All utilities shall be installed underground. Water and sewer is in, electricity, cable, phone and gas have been paid for and the related companies will install. (see enclosed receipts) (P)40 . 0 (F)406.755,321 8 RO BOOT 134 -1 830 3RD AvE E SWTE 302, K+ LISP I.L.., T- 1 1 . That a minimum of two-thirds of the necessary infrastructure for this subdivision shall e completed prior to final plat submittal. See enclosed Special Improvements Agreement. 15. The base flood elevation of the 100 year floodplain e delineated, along with the elevation, and be indicated on the final. plat. On face of final plat 16. All areas disturbed during development of the subdivision shall be re -vegetated with a geed -free mix immediately after development. See enclosed Landowners letter . A note shall be placed on the face of the final plat hied waives protest to the creation of a special improvement district for upgrade of roads in the area to City standards which are impacted by this subdivision. On face of final plat 18. That preliminary plat approval shall be valid for a period of tree years from the plate of approval with an automatic two year extension as each phase of the subdivision plat has been completed and filed if the subdivision is phased., This conditionis met (approved Resolution No. 5019 on June 6, 2005.) Should you have any questions, please do not hesitate to contact me. Thank you. T remaia. JHB/ib. Enc. 110E 'r2ly, , t atnes H . Burton I City of Kali*spell Planning Department 1 - "" Street .fast, Suite 2 11, Kalispell, Montana 59901 Tel pho : 751-1850 Fax.-751-1858 FINAL AT APPLICATION Project divisionName: Contact Person: Address: 113V LP<4.-_A40da 8 Owner & Mailing Address: Date of Preliminary Plat Approval: J Ct I 00,S7" 41, Type of Subdivision: si ential �Industrial C rr mer iaJ PUD Other Total Number of Lets in S bdivision —31— Land. in Project (acres) 00 AclrtS5 Parkland acres I. 4-YAC. Cash -in -Lieu $ Exempt N. of Lots by Typem Single Family 5) Townhouse Mobile Horne Park :duplex Apartment Recreational Vehicle Park Commercial mm��m � Industrial Planned. Unit Development Condominium Multi -Family Other Legal Description of the Property_Fccuti. ... ..............�G Z 20 0 yY7 FILING FEE ATTACHED $4 Minor Subdivision with approved. preliminary Alt $ + $ 1/lot Major Subdivision with approved preliminary Plat $ 5 $1 1 t Subdivisions with Waiver of Preliminary Plat $ $1 /lot Subdivision Improvements ents Agreement Attached Not Applicable(MUST CHECK Health Department Certification (Original) Title Report (Original, not more than 90 days old) Tax Certification (Pr e ty taxes must be paid) Consents to Plat (originals and notarized) ..� Subdivision Improvements Agreement ent (Attach collateral) Parkland Cash -in -Lieu (Cheek attached) Maintenance Agreement X Plats: l opaque OR 2 mylars r.ylar copy I sid blueline l elines 4 bluehnesl unsigned 1 IX17 Copy I IX17 Copy **The plat must be signed by all owners of record, the surveyor and the examining land surveyor. Attach a letter, which lists each condition of preliminary plat approval, and individually state how each condition has specifically 'been reset. In cases whore documentation is required, such as an engineer's certification, state Department of Health certification, etc., original letters shall be submitted. Blanket statements stating, for example, "all improvements are in place" are not acceptable. A complete final plat application must be submitted no less than 60 clays prior to expiration date o the preliminary flat. When all application ma.t ri s are submitted to the Kalispell Planning Department, and the staff finds the application s complete, the stall` will submit a report to the governing body. The governing body must act within. 30 days of receipt of the revised preliminary plat application and staff report. Incomplete submittals will not be accepted and will not be forwarded to the governing body for approval. Changes to the approved preliminary plat may necessitate reconsideration y the planning board. l certify that all information submitted is true, accurate and complete. l understand that incomplete information will not be accepted and that false information will delay the application and may invalidate any approval. The signing of this application signifies approval for Kalispell Planning staff'' to be present on the property for routine monitoring and inspection during the approval and development process. **NOTE-,, Please be advised thatthe County Clerk & Recorder requests that all subdiVision finalplat applica'ns be a d with a digital copy. Owne - s Signature Date *A digital copy of the final plat in a Drawing yin Interchange File Xformat or an AutoCAD file format, consisting of the following layers: 1. Exterior bounder of subdivision. 2. Lot or park boundaries 3. Easements -. Roads or rights -of -way . A tie to either are existing subdivision corner or a corner of the public land survey system 2 Montana Department of ENVIRONMENTAL QUALITY P.O. Box 200901 a Helena, MT 59620-0901 April 25, 2005 Jac ola S neer' & Architecture PO Box 1. 134 Kalispell MT 5990 Dear Sir or Madam: Bran Schweitzer, Governor Municipal Facilities Exclusion Q05 -5 5 t City of Kalispell Flathead County This is to certify that the information and fees received by the Department ofEnvironmental Qualityrelating to this subdivision are in compliance with -- - 2 , MCA and ARM 17.36-602. Under - 4-12 2 d , MCA, this subdivision is not subject to review, and the plat can be filed with the county clerk and. recorder. Plans and specifications .must be submitted wben extensions municipal ac l.ltIes for the supply of water or disposal o f sewage are proposed 176 - -1 1 (3), MCA I . Construction o .l water or sewer extensons prior to EQ, Public Water Supply Section's approval is prohibited, and is subject to penalty as prescribed in Tltic 75, Chapter 6 and Title 7, Chapter 4. This file has been mailed to DEQ, Public Water Supply Section, Kalispell Office for their review. Sincerely, Janet Ska.arland Compliance Technician Subdivision Section 'water protection Bureau (406) 444-1801 — email Jskaar1and(Dastate.mt.us cc: City Engineer County Sanitarian file Enforcement en Division - Permitting & Compliance Division * Planning, Prevention & Assistance Division $ Remediation Division 109 CooperativeWad- - Suite 1*'Kalispell, M - -P (: 0 7-55-8985 0, FAX : 0 755-8977 Thor A. Jac ola, P.E. Jacko a. Engineermig, P.C. P.O. Box 1134 Kalia pelf, MT 59901 May 4, 2005 RE: Cottonwood Park Subdivision water and sewer Extensions; o - 5 1 Dear Mr. Jacl ola: Plans and specifications for the above -referenced project have been reviewed by personnel with the Permitting & Cor plianee Division utilizing the certified checklist procedure and Q- . The plans and specifications are hereby approved. One set of plans and specifications bearing the approval stamp of the Department of EnvironmentalQuality is enclosed. Approval is based on plans and specifications received April 21, 2005 under the seal of, Thor A. Jackola_ P.E.# 3335PE. { Approval is also given with the understanding that any deviation from the approved plans and speci c tior s will be submitted itted to the Department for reappraisal and approval. v it ire 90 days after the project has been completed the project engineer shall certify to the Department that the projeet 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" record drawings signed by the project engineer. It is further understood that construction will be completed within tree years of this date. If more than three years elapse before cornpletlr construction, plans and specifications must be resubmitted and approved before construction begins. This three-year expiration period does not extend any compliance schedule requirements pursuant to a Department enforcement action against a public water or sewage system. Please be aware that this project may need a storm water general permit. Please contact the Water Protection Bureau at 406-444-3080 for more information. Sincerely, nviroer t .l Engineer Public Watr pply Section. Public Water Supply and Subdivisions Bureau cc: Andy Silvers City of Kalispell PVV-D Flathead County Sanitarian Pile Centralized services Division - enforcement Division * Permitting . ;onq)fi nce Division $ Planning, Prevention & assistance Division # Remediation Division "ubli"c Works DC�Martmx:hnt Ulty Post Office Box ' * � , .�IR .� 9 - 9 -Telephone.0) 72 , Fax 0 �- ` ,r July 25, 2005 Environmental Health Services Flathead Qt�-County Health Department 1035 First Avenue West Kalispell, Montana 59901 Attention: Dick Montgomery, P.E. E: Cottonwood Park Subdivision — Plans Revised - - 5 Routing Blue Heron, Phase 3 Kalispell, Montana Dear Dick, This letter is to confirm that the City of Kalispell has reviewed and approved the plans and specificationsPrepared by Ja k la Engineering, P*C,, for the referenced project. The Kalispell water and sanitary sewer systems have adequate capacitor to serve the ram. Please feel free to call if you have any questions, cc: Thor 3ackola, P. E 3ackola Engineering,, eering,, EC. U11 Publ'c WONrks Io4partment AvUrf Kalievpl I Post Office Box 7, Kalispell. Montana 59903 � � -Telephone�� '��" . July 2, 2005 JackJackola Engineering, P.C. P.O. Box 3 Kalispell, Montana 59903 Attention: Tbor Jackola, P.E. RE* Cottonwood Farb Subdivision — Plans Revised - 9_ 5 Routing Blue Heron,, Phase 3 Kalispell, Montana Dear Thor: The construction plans and supporting document for the referenced project are hereby approved. Attached is your copy of the letter of approval sent to the Flathead City -County Health Department. We look forward to working with you on this rect. Sincerely, Frank Castles P.E. Assistant City Engineer Attachment; As Stated KALISPELL FIRE DEPARTMENT .ay Brodehl - Fire Chief April 412005 Jackola Engineering and Architecture Attn: Bob Erickson 1830 3 Ave Kalispell, IVI e: Andy Silvers Cottonwood Park (Fire Hydrants) Dear Mr. Erickson: 312 First avenue East 06 FAX: 6) 758-7952 have reviewed the design information that was submitted on the above referenced project. The fire hydrant locations are acceptable as located. Fire -flow for this project is required to meet the provisions of the 23 International Fire Code. It is my understanding that all construction in this area is limited to one and two family dwellings, presumably less than 3600 square feet in size. A minimum fire -flow of 1000 gallons per minute, with a residual pressure of 20 psi, is required. This is standard requirement for all developments with one and two family dwellings, up t 3600 square feet in size. Structures other than one and two family dwellings i.e. commercial buildings) and those greater than 3600 square feet will require 1500 gallons per minute as a minimum imam — in this case: the size of the building and type of construction determine the actual fire -flow requirement. Feel free to contact me if you have any questions. Sincerely, F. Ray Ruffatto Acting Deputy Fire Marshal Kalispell Fire Department "'Assisting our community in reducing, preventing, and mitigating emergencies. x 35 Ave East — P 0 Boy. 1997 — Kalispell MT 03-99 Phone: 0658-Fax:758-7719 Email: parknrec@kalispell.co August 23, 2005 Andy Silvers P 0 Box 518 Kalispell NIT 59903 Fie: Cottonwood Park subdivision Dear Mr. Silvers: This letter is to serve as approval on the proposed landscaping plans skmittad for Cottonwood Park subdivision. It is agreed that you will be responsible for bonding for landscaping improvements for this 35 lot subdivision including approximately 63 boulevard trees of a 2 " caliper of an approved species from the Kalispell Pars department planting list) and 5' wide yrdoi-seeded boulevards as per the plan. It was agreed that the developers would plant the required boulevard trees to city standards at a later date when tree planting is more appropriate to the construction status. That is after driveways, sidewalks, etc, have been installed and trees can be given adequate care and grater. Final approval will be given upon completion, inspection and approval of the landscaping and tree plantings, at which time bonding and/or latter of credit would be released if it is in place. It should be noted that the trees and landscaping are under a warranty period and should they die within this time frame, the developer will be responsible for replacement. This J ftar serves as approval for landscaping requirements only and does not address the 1.089 acres of park lard. Park land requirements and development will be addressed at a later date, after future meetings and discussions have been held. Thank you for your cooperation and consideration for developing a quality subdivision project* If you have any questions or concerns, please give me a call. Sincerely, } LA - . Michael Baer, Director Kalispell Parks and Recreation Cc: Narda Wilson, ri-City Planning Kalip... Parks and Recreation September 12, 25 Andy Silvers P 0 Box 5181 Kalispell MT 59903 35 l ' Ave East — P 0 Box199 — Kalispell MT 59903-199 Phone: 6) 758-7718 Fax: (406) 758-7719 Email; parknrec@kalispell.com Ref Lotto wood Park & Blue Herron Subdivisions 'ark Dear Mr. Silvers: It was great to meet with both you and Mr. Lapp. This letter is to serve as clarification of developer responsibilities on the Cottonwood and Blue Herron park improvements. This letter addresses only the park improvements and is independent of the responsibilities the developers have for residential boulevards and landscaping for these subdivisions. s per your letter dated August 23, 2005, you have agreed to be responsible for the installation of a hard surface basketball sports court, a swing set and a picnic table at Cottonwood Park and a soccer/football field at Blue Herron. These improvements and equipment will need to meet the specifications and standards required of all city parks for the city to assume ownership when all improvements have been completed and met final approval. Open space park turf areas reed to be level with adequate grass, either seeded or sod. Thepedestrian/bicycle path connecting the parrs from Blue Herron to Cottonwood was agreed upon as being leveled and covered by turf; this would allow an avenue to walk from one area to the other. The subdivision Perimeter bicycle path would be hard surfaced asphalt. You are required to submit a plan to our office showing all of these park improvements and identifying the manner in which this parr area will be made accessible by Blue Herron residents. bond of $20,000 will need to be submitted to the city for said improvements and will be released when all improvements have been installed and met final improvements. ts. It should be noted than these improvements are under a one year warranty period and the developer will be responsible for replacement ent if necessary. Thank you for your cooperation and consideration for developing a quality subdivision project. If you have any questions or conoems, please give me a call. Si oer -I M i h el Baker, Director Kalispell Parks and Recreation Cc: Narda Wilson, ri-City Planning Charles Lapp FLATHEAD STATION 248 FIRST AVENUE WEST KALIS ELL NIT 591 -999 April 22, 2005 To: Planning Board Cottonwood Park To whom it concerns- - The above referenced project has been reviewed. A suitable location for nail delivery has been established . Centralized boxes will be installed with a turnout 10 feet wide and 20 feet long for the carrier to service and leave theses boxes. The developer will be responsible for purchasing the CBU. The Developer or homeowners individually or collectively will be responsible to keep the roadway and area to the boxes clear of lee and snow. If you have any questions please feel free to call me at 5-1 7. Sincerely yours: Elden Marvel Manager Customer Services (407- 1 87 FA: (0)-7-07 August 23, 2005 Cottonwood Park Landscaping Plea To: Mike Baker The perk area has been sprayed and worked over, andre-seeded. Also the entire subdivision will have topsoil spread over it. n the covenants it states each homeowner must sod or hydro -seed after construction is complete. Topsoil will be placed between the back of curb and sidewalk and hydro -seed will follow. Regarding the perk area, we plan on putting in a basketball area, a swingset and picnic table. Blue Herron Park planson a soccer/football field. fk$� Andy-Slve s 'T T 0 Ult f al'2 1%.11 `ubl"'ct, Wvd-%rks partment Y IN.- is Y 1%.W ..r xk-58-7720. Fax k� September 13., 200 Andy Silvers 2665 Farm to Market Road Kalispell, Montana 59901 Re: Cottonwood Park sD Dear Mr. Silvers: The City of Kalispell Public Works Department hereby approves the eAsting, completed improvements except those listed In the Subdivision Improvement Agreement,. Exhibit BF for the referenced subdivision* Approval by the City of Kalispell for the City owned and maintained improvements Is granted based on the following: 1. Jackola Engineering letter dated September 12, 2005,f certifying that the improvements ents within the referenced subdivision have been inserted and installed In accordance with the City of Kalispell standards and the approved plans and specifications. t Our video records of the sanitary sewer system. 3. Receipt of a Subdivision Improvement Agreement, Exhibit 6,Fwhich contains the total est mated construction costs plus 25 percent covering the estimated costs for the remaining street trees and pedestrian bridge to park. The Subdivision Improvement Agreement, Exhibit B, is certified by Thor A, Jackola, P.E., to being an accurate accounting of anticipated costs for the remaining improvements. The one year warranty period for the City owned and maintained existing, completed improvements will commence on September 12, 2005. The one year warranty period for the remaining construction will commence upon acceptance by the City of the completed constructed Improvements in accordance with approved plans and specifications. If you have any questions, please do not hesitate to contact this office. Sincerely, Frank Castles, P.E. Assistant City Engineer Cc; Narda Wilson, senior Planner Kalispell Planning ice September 12, 2005 City of X'-ftlispell Y)Janming Department Attn: Narda Wilson — Senior or Planner 17 n Street East. Ste. 21 KahspeH, Xff 9901 .fie: Cottonwood Estates Subdivision City of . .ahs eH Fathead County, Montana Dear Narda Wilson: -he above referenced subdivision is in the final platting process with a portion of the -work that remains to be completed covered by an irrevocable letter of credit The Nvo that bas been completed thus far is in eXcess o. % and has been completed per the approved drawings and specification. As -built dravAings wiU be prepared and submitted when the remadrung work is completed. . ee. s Estimate of Construction Progress has been prepared for your review. In the event you have any questions, please caU me at my office. Thank you. Mailing Address: Pea Box 1134, Kalispefl, MT 59903 phone 5-3 fax (0 r3 1 CONSENT TO PLAT We. the d s g ed, THREE RIVERS BANK of MON�rANA, do hereby consent to the platting of the real property described as '-COTTONWOOD PARK", attached hereto, and by this reference made part hereof. THREE RIVERS BANK OF MONTANA x STATE OF MONTAN SS County of Flathead . On the l day of ��...� ., 200 , before , the undersigned a Kota 7 PU ic for the State of Montatia, personally appe,aTed ��.�� .��. and known to me to be `THREE RIVERS BANK of 1 ONTAN . and who subscjibedname to the within instrument d to t.at e uted the s a e, �c_2rtoid4YrmsyF � � _ M19ti 6y" ¢@� .Fp Y �`° �t�P "f Commission xie rs L -�� $ a -' DECLARATION OF DESIGN GCE INES, CONDITION COVENANTS., AND RESTRICTIONS Co NWo AK TIES DECLARATION, made this day of , . y the undersigned, Andrew Silvers of R 0, Box 518 1, Kalispell! AMt. 9903. Whereas, the undersigned is the owner of cenain real property known as Cottonwood Park, according to the recorded plat thereof on file and of recording with Office of the Clerk and Recorder of Flathead County, Montana_ Cottonwood Park is a subdivision located in the SE 1 4, S C. ,T. Nr,R.22W,� P.M.M., to be part ofthe Home Owners Association and subject to these g 'delines, conditions, covenants, and restrictions. The undersigned is desirous of s bj ect ng the real property to the conditions, covenants and restrictions herein after set forth each owner thereof, and shall 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, TIAEREFoRE, Andrew Silvers, herein referred to as Declarant being the owner of all the real property known as Cottonwood Park according to the plat thereof on file and of record in the Office of the Clerk and Recorder of Flathead County, Montana, hereby declares that the said real property 'is , and shall be held, transferred, sold, and conveyed, subjected to the design guidelines, conditions'. covenants, and restr"etions hereafter set forth. The design guidelines, conditions, covenants, and restrict*on, hereinafter set Forth are designed to provide a. uniform plan for the development of the whole of said subdivision. All persons or corporations who shall hereinafter acquire any interest in the above eser' ed property shall be taken and held to agree and covenant with the owner of the lots in said subdivision and with their heirs, s ccessors, and assignees, to conform to and observe the following conditions, covenants, and restrictions as to the use thereof and as the construction of dwellings and 'improvements thereon. Each owner is responsible for complying with and meeting the spirit and intent of the cnteria of the G ide i es, Conditions, Covenants, and .estrietior s_ . Cottonwood Park. Horne Owners Association_ The Declarant snarl create an organization consisting of all owners to be called the Cottonwood Park Horne Owners Association. Said association shall be operated as per Roberts Rules of order. Cottonwood Park Hone Owners Association shall be formed at a time to be designated by the Declarant, but no later than when 75% of the lots have occupied structures, and shall consist of the owners of each lot of Cottonwood .dark.. The owner or owners of each lot shall be entitled to a single vote in theAssociation- The Board of Directors, shall consist of not fewer than 0% and not greater then % of the lot owners. The Home owners Association sbarr be responsible for the care and maintenance of the common properties and each homeowner 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. lot owner whose lot is subject to such a lien must pay the assessment 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. Coon properties as used herein shall include designated parkland. Lot owners are encouraged to remain active members of this Association. Each lot owner is a member of the Association by virtue offs acquisition of the lot. . Design Review Board The Design Review Board RBshall consist of the Declarant, arant, and or whom ever they may appoint. When the Hone Owners Association has been established, the Board of Directors may act as the DRB , 3, The Process The DRB is responsible for reviewing and approving all development w4thin Cottonwood Park, This includes but not limited to, new construction, renovation, on, expansion or refinishing of the exterior of structures. Plans must be reviewed by the DRB before construction. Plans should be submitted to the l RB before application to the city for building permits. The DRB process has been designed to encourage dialogue with owners and builders_ The process is intended to be constructive, not adversarial or unnecessarily restrictive. s owner, you shall ensure your development team omplie with the following general requirements to assure Cottonwood park Hone Owners Association of your commitment to respecting the community within which you are build' . 4. Building Guidelines-. Guidelines are out lined in more detail as follows. 5. Lot Grading and Drainage are responsibilities of the owner/Builder every effort should be made to save all top soil while excavating for foundation and drive wav to be used in forming the yard, Foundation elevations must be set With drainage as a pot . Typically, natural drainage patterns and flow should not be obstructed. Your development and other improvements should be sited to avoid drainage courses. 5.1 Driveways may be considered individually or in common with a suitable adjacent lot and owner. You may be required to provide a Shared Access Agreement if undertaking to incorporate a common driveway or amenity. This location must consider safe road design? in particular relative to intersections, vehicle stacking and natural landscape impact on safe driver site lures. The owner is responsible to maintain the lot and road right-of-way, including side walks. Driveways shall be adequately reinforced concrete. . Building limits and exterior walls of the building and foundation are to be designed to meet all set backs established for the applicable zoning. 6.1 Building Size: Each dwelling unit shall be built and contain not less than 1,200 square feet of total living space; exclusive of attached garage and open porches. Houses with exact exterior designs must not be in adjoining lots. If the designs are similar they must be differentiated with such things as porch design dormers, bays or the like. Simply 4< flipping, a plan would not be adequate. .2 Buildings should provide bor'omtal and/or vertical breaks in the wall planes. Establishing a rhythm of openings between solids and voids in the fa ade through design and proportion_ .front and Rear Elevations should be articulated with relief Variations in set backs in both plane and elevation are encouraged. 63 Building Heights should take advantage or the view opportunities, while at the same time be sensitive to adjacent development, and laird slope. Maximum building heights are measured in accordance with applicable zoning. 6A Roof Shape and Character is important to avoid vertical monotony. . The use of porch or balcony roofs and dormers of all sizes cothtes to the human scale. This is encouraged to provide a texture and an apparent reduction of the built mass- 6,5 Finishing for the various building faces, walls and roofs must adhere to the following notes'. . mater"als for roofs may be asphalt, flat concrete or fiher- cementile or similar composition matea, metal or wood material must he approved by DRB. B. Siding Materials for walls must be lap style. Stucco, stone or brick may be incorporated as an accent- C. .materials for garage doors are preferred 'in a type of maintenance free construction- 6.6 Exterior lighting is to he limited to low intensity non -glare fires to provide adequate illumination for safety and acetic enhancement. Uncovered light fixtures or non- focused, non -downward lighting fixtures are not permitted. 6-7 Building Accessories are those vafious atttes that are part of the atmosphere of each building. The following elements are often used and the following conditions are directed at hoer they may be used in Cottonwood Park.. A. Antennae are restcted to interior attics applications only. B. Satellite dishes may be used if discretely located on the building and a maximum 2 " diameter_ Large ground mounted satellite dishes are prohibited. ted. C. Address identification , is mandatory and suggested near the road by the vehicle access driveway for defivery and emergency response purposes. D. garbage rust be contained near the side or .rear of each residence in containers furnished by garbage disposal services. E. Fencing is to comply with applicable zoning. F. out buildings shall be developed to coordinate with architectural motif and finish of the house. They are to be located Within the back yard, and cannot be larger than 1 o of the living space of the house. 6.8 Compliance with other relations; It remains the responsibility of the owner/Builder to ensure that the construction of any buildings on the site conforms with State, gown or Municipal laws, regulations,by-laws or other enactment's and any encumbrances affecting the title to the property, including, without limitation, utility rights -of -way, easements and resuictive covenants and all requirements outfined in the drainage section of these covenants. Landscape Guidelines All open or undeveloped area of the lot should be seeded or sodded in conjunction with any other plants, shrubs or trees and nai nta'ned appropr atel�. ibis done within 6 months of occupancy. 7.1 'tree planting is encouraged as part of your lot and development process. .2 Lawn Areas shall be seeded or sodded with a movable seed mixture. 7.3 Retaining Walls are to be designed and constructed so as to blend into the natural landscape. pe. They may take on a more natural appearance through the use of native rock", timber and plant material, or perhaps reflect the architecture presented through the building by incorporating matching or eompli nentar { material and detail, . Site Guidelines The following guidelines shall he included any construction and/or project plans for any lot located within Cottonwood Park. These guidelines shall be strictly adhered to and shall be interpreted as the intent of these Design Guidelines, Conditions., Covenants, and .lti est6dio s. 8.1 Purpose Use and Activities. A. No lot shall be used except for single-family residential purposes, or duplex/townhouse. B. No lot or sub 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 any lot during construction. All e terial construction shall be complete within one year from the date construction begins. All homes must be new construction. Factory built homes are not allowed within the subdivision. D. The parking or storage of campers, camping trailers pick-up campers, boats, snowmobiles, trailers, infrequently used or seasonal vehicles must be kept 'n the side or back yard. Street parking is reserved for short term parking such as guests. L. No advertising, billboards or advertising structures of any kind shall be erected, used or maintained on the property. F. At the time of home construction, lot owner shall construct a minimum um one car attached garage. G. 'Home business must comply with applicable zoning and must comp)y with city ordinances and not create undo vehicle traffic. H. Fuel tanks are not allowed. I. All utilities shall be under ground. 8.2 Park Space(Recreational Area). A. Park space has been created as per subdivision regulations and some non home owner use can be expected but not encouraged. 8.3 Animals, Birds, and Pets No animals. Livestock or poultry of any kind shall be raised, bred or kept on any lot., except that dogs, cats, or household pets may be kept, provided that they are not kept bred or maintained for any commercial purpose and must be confined to their owners property and must be kept under their direct control, as per local ordinance. 8.4 Removal of Waste.,, Property Appearance and Upkeep A. Noxious or offensive activity shall not be carn'ed on upon any lot, nor shall anything be done thereon which. may be or may become an annoyance to the -neighborhood 'Including barking dogs. 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 automobile or other waste. All waste shall be stored in contwners fumished by garbage disposal services and shall be promptly removed from the property in a timely manner. D. Property owners shall comply with a weed management plan approved by the Flathead County Noxious Weed Board, 9. General:Provisions A.. These Covenants are to run With the land, and shall be binding on all parties, and all persons claiming under them,, unless an instrument signed by a majofity 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 bave the right to prevent or stop violation of any of the said restn'dions by injunction or other lawful procedure, in law or in equity against the persons violating or threatening to violate these restrictive covenants. Any person who shall prosecute an action successfially may recover any damages resulting from such ton, and it Is expressly -understood by any- persons purchasing this property that, if an action is successfally brought against him/her for a -violation of these covenants, that a reasonable attomey-s fee shall be assessed against him/her in addition to any other damages. , C. Invalidation of any one of these covenants by 'u.gm ent or court order shall in no way 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 at least eighty percent ( 80% ) 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 Cottonwood Park Home Owners Association shall be entitled to enforce these regulations as if it was a lot ovmer and be, upon prevailing, entitled to attorney fees. Any amendment is to be deemed effective thirty ( 30 ) days after -recording or filing. The revised Declaration of Covenants so approved will be the goveming document regarding SW*d covenants and all previous Declaration of Covenants will have no force or effect. 10. Enforcement Before legal proceedings are cornmenced, the D-RB intending to enforce the covenants shall notify the lot owner violating any covenant in writing specifying the failure and demanding that it be remedied Within a period of thirty (30) days of the date of the notice- If the owner falls or refuses to'remedy the violation within said thirty (30) days, then the Cottonwood Park Association or DR-B shall have the right to undertake any and all action that they in their sole discretion deem necessary and reasonable under the circumstances in order to terminate or correct the act or condition which violates the covenants including obtaining legal or equitable relief including injunctions or orders and / or enten'ng upon the premises for the purposes of removing any non -complying improvements, nuisance, garbage, or vehicle. No entry upon a lot by the DRB, the Board of Directors, or its agent for purposes of enforcing these covenants shall be deemed a civil or cnminal trespass. INWITNESS WHEREOF, I have hereunto set my hand the day and year first herein above written STATE OF MONTANA) Ss County of Flathead On - a this day of urt 20051before me., the enders' ped, Notary Public for the State hof 'omens, personally appeared 4AIrf_. /q. known to me to be the person(s) whose name(s) *are subscribed to the within instrument- and acknowledged to me that he/they executed the same - IN WITNESS WHEREOF., I have set my hand and affixed my Notary Seal the day and vear first above w-fitten..,. 0 If A M SEAL Or UO Plat Room Flathead County, Montana 800 S. Main St. Kalispell, MT 59901 (406)758-5510 This Form is for Subdivisions & Condominiums Only JACKOLA BY: FO R: SILVERS DATE. 8124/2005 DESCP: COTTONWOOD PARK PURPOSE: PLAT (Tr 4C In 2-28-22) YEARS ASSESSOR # .2.. ....0. . ...0...............I.......1 .. 001 1"149 V 0003431 .. . ..... ..... .. -, .. ..... . .... ..... ..... . .... ..... ..... .... . .... ..... ..... .... .. . . . ... . ..... ...... .. .. .... . ... ... .. .... I ..... ... .. ... ..... ..... .... .... ..... .... ..... ..... ..... ..... . .... ..... ..... . ........ ..... .. I.....,...,.." ..... ... .... ..... ........... .... ..... ..... ..... .. 1-.11 . .............. .... .... ..... ... . ..... ... . ..... ..... ..... ..... ..... .... .. .... ..... ..... .. -.1'...... .... .... . . .... ..... ..... ... . .... .. ... . .... ..... ... . .. .. .... ... .... ..... ..... .. . .... . ..... ...... ..... ...... . . . . . ... . ..... .. ... ..... ..... .. ... ... . ..... . I...., ... ... . . . .. . ... .... ..... . .... . ... .... . ..... ..... ..... ..... ..... ..... ..... ..... .. .. .. ........ ..... ...... ..... .......... I hereby certify that there are no outstanding taxes on the property assigned the assessor numbers listed above, for the years indicated for each assessor number. AUG 2 4 ?MS- -- --------- Dep Tr as'urertrer (seat) 58 q °22134" ----------------- _ ............................t.... .... vM U0 n r0.411 ' = f 6' it $$kry Y M1}} 13 .' i.` :.1 12 1 I B fIpm 16 m" 45 4V 41 . �..: ri�4m.� •pry *. _ .:�.�;' -,i 8pe 14 ' x 27 DA Cou n - -F RG.k �. B �k+ ' doun A(mNL 5 24 Count } F { R- 23ACB f x M1 r �' a etM1 }� # 3AB f {. s } 3 3 `M1 B iM1 eM1 '- 3ACA k Unt $+ 1 ." 22 31 }" 2/ 34 IT 144 30 y f M1+ F ti # x "w 37 } ...3 '+ 1 ' } � ry{ �I, VM1k11Jy\l n xv h.••V,,.�,arkr. __ JAA P2 MIA >, = µ26 _ #y VICINITY MAP SCALE 1 550; PHILIP & BARBARA BLANDFORD PRELIMINARY PLAT COTTONWOOD AR K A 36 LOT U y SINGLE-FAMILY SUBDIVISION ON 10 ACRES IN A COUNTY AG-80 (AGRICULTURAL) DISTRICT FILED CURRENTLY WITH AN ANNEXATION, INITIAL ZONING APPLICATIO'N. PLOTDATE: 1 131/ J402XA JM7¢M I AJXk0TKTtK AC M. aura R-Ls. SWOMSM PLAT OF CM ,gyp AVV" lr 6ML, P17 5qqm Aeg-255-3?Z I wo COTTON �� PARK A PARED f - ANVREN 5X V Z r y y �y Y� � � f r y + � { y .7 y ry L 41�r i ED I F 7T 6 E. Z 4 i IT . F im if sfc Tov 11f f i �� j l �f .�{ +7 �{ *� p� dry { }� +�y f y y "TA P i, i, FLA f mEA o c% w i I, r �4/� f f#f 7A LUF HERO PARK a S € l l iCi . 204 ,R � 93�1'F 7 85' �...� ..,...� ..,,..v MAW _i+TJ 600 Wool igo.4V 6000 ..r way PV.F+Tf s LOT r at u 'i LOT LOT 8 *7 LOT � LOT � 7,045-F= LOT 11 � �' 12 � LOT 13 14A �9U, A3- 7, , F= il�'IUT 7,fi S, F LC A61'14 WWI i `ems LOT 7, M 5.Ir CAMLAPSE ' UIVT7' JQ' ► '�5" +� FAMMENT F_ 0, LOT 4 • +_ LOT ur tfrr`it iSvvw 1 A f LOB` 21 LOT 20 LOT 19 LOT 18 LOB` 17 LOT 16 LOT 15B LOT 3 7, 5-F rears S.F ar 7,M - 7,LOT ++ r 2 LOT 2 LOT 2�4 L T 2 LC�T LT R - � .(T 7, 5-F. I, a% SF. 7, -F. 1, C06 5, F. 7, Lt75 5, �, T, t�71F 5-f LOT 2A € 28B LOT rf5.F, 2 ip _ y E ad5.3. �7R7' "s #. i '15 u AURICH AVENUE PARK 4h5 ACRE LOT 35 LOT 34 LET LOT T 5, 5S 6,1M 5, F e, a F. e, 5, F, rxF, , 777 -.-, 41 � LET LOT 2W 779 S F, __j 65 AREAS: NTAf A HIGHWAY 424 LOTS 6S36 ACRES PARK 1145 ACRES FOWD AW1Wrlr ROADS 2-319 ACRES PMrtENT F lvcTVv G'ORNFi2 TOTAL 1000 ACRES 65 AREAS: NTAf A HIGHWAY 424 LOTS 6S36 ACRES PARK 1145 ACRES FOWD AW1Wrlr ROADS 2-319 ACRES PMrtENT F lvcTVv G'ORNFi2 TOTAL 1000 ACRES %juAp'%AN TEE � $ z A M E ptt FirstAmeri"can Title Insurance Company 3 5 9,2 1 Form No. 1282 (Rev. 11 /9) r-t Y. r-s A 7 � -7 0 � r^7^ CT-- E: $125.00 14_1 , UBDIV L I -N OR PROPOSED SUBDIVISION- Cottonwood Park SUBJFECT TO THE EXCLUSIONS ]FROM COVERAGE, THE LIMITS OF L124BILIT , AND 0111". P ROV I I O F '�` HE ND I T S :NT=?STD STIPULATIONS HaE.3RPTO A IEX ED A.ND ]JADE A PART F THIS GUARANTEE, FIRST AyiERTCAN TITLE INSUF,_kNCE COMP AaI , A CORPORATION, HERE.N CALLEED THE COMPANTY Gr A .A B` aola Engineering & Architecture, P.C. FOR THE PURPOSE OF AIDING ITS COMPLTANCE WITH FLATHEAD =, T 7JBD.IV1 1 _N REGULATIONS, IN, A bl%� NOT EXCEEDING $:5, 0 0 0. 0 0. THAT according to tho public records which, under the recordinglaws of the State of Montana, 4. art co.-structive notice ol[ _mcatters affecting the tits.e to the -.ands described as follows: tract o .and .gin the Southeast uar ter o the Scut t Quarter o, Sec t,ion , Towra iforth , Ra.nae 22 West, P.M.M. , Flathead County, Montana and mor e particularly described as follows: Conunencing at the Southeast section corner of said cti on ; thence North 0 ° ' "" East, a distance of 51.79feet to a point and which point- IS the Solutheast corner of Tract 2 of rti i at of Survey Nu=er 79701. records of Fitah ad County and which oint is the True Point of Beginning; thence on and alongthe exterior boundarieso said Tract , the old owing f ' Ve courses: South " West, a distance of 702.28 feet to a found °" re -bar; North. 0 ° 2 ' " West-, a d1stance of 10.00 feet to ca found " re -bar; North 0 0 ° ' 0 " East, a. i stance of 615.19feet to a found #" re -bar; South ° 2' " East, a distance of 702.85feet to a point and which point lies on the East boundary of said Southeast Quarter of the Southeast Quarter; South. "r West-, on and along said East boundary, a distance of 614.34 feet to the True Point or' Beg -inning. THE ABOVE DESCRIBED TACT OF LAND IS To BE KNOWN AND DESIGNATED A Cottonwood Park Continued... FILE NO.: *- 7 19 PAGE 2 H 359241 { arty.es havi c record title interes t 4n said ands whose signatures are necessary per the requirements of Flathead County SubdivIsi Regulations an the certi -J"'icat o.n ent n to the recordation of ! its and c wring f-or dedication carry streets, roads, avenues and other ea e:nne .t o-rfer n. -For dedication de icaticn by said Fiat are Andrew H . Silve-r-s Silversand Trivia L. i 'er , as tenants - Owners rRivers BC -Mk of Montana - Beneficiary ( Parties holding 1--Lens or encumbrances on the title to saidwands are 1. General and special county taxes for the year 2005, a lien not yet payabl . NOTE: General and special county taxes ror the year 2004 and all z for years have been a�d in fal' . . Deed � t ru dated r ii 20051 to secure an in ebt ree � the principal o AY-1UN1 , 0 0 , 00 . 0 0 , and any other mo t and,/or obligations secured thereby. RECORDED Apri 1 7, 2005, as Doc. No. 0 -0 7-1-. $ records ef Flathead County, onta-n . GPLANTOR Andrew H. Si:3vers and Tricia L. Silvers TRUSTEE C�ti e ' Tithe row o a y, Inc. BENEFICIARY: Three Rivers Bank of Montana ( ) Easements, claims of easements and restriction agreement of record are The above described property is locatedwithin and subs ect to the jurisdiction 1. Decla-re county road }mown a ti-Ilwater Road a mown on avva able bounty maps. . County road rit -of -may not .recorded and indexed a ryas in the office of the clerk and Recorder pursuant to title 70, chapter 21, . . , . Easement for communications systems granted to A-merican Telephone and. Telegraph Company, recorded November 2, 1993, as Doc. No. 93-306-08540, records of FlatheadCounty, Montana. . The effect of rest-Irictions containedin Certificateof Subdivision Plat Approval recorded w .tili certificate of Surrey No. 7970, records of FgWL--heizad County, Montana . Continued... FILE NO.: *CT-8731-95 PAGE 3 H 359141 5. Grant of Conditional Use by and b,.7-3tween the City o-!- Kalispell andAn dy I - Silver, recorded June 141 2005, as Doc. No. 2005-1.65-08070, records of Flathead County, low tali . 6. Ut i 1-i it Ecase--Legit Cert -i f iccate as s'-"-0-VM on +L-,-he proposed Plat of Cc 1-- ton-.�:ood Park. 7. Utility Easement-s as showr.n on the proposed Plat of Cott woo Park. S. 20 " Bi"Ke Pat--.h. Easement as shown on 'Che p-ropose PIC-It of Cottonwood Pal-k. The above desC.-,gibed property is located wiit'nin any subjec- to the j,..'.,'-.-isdict ion of the Kalispell Fire Distric�. DATED: August 16, 2005 a,,-- 8:00 A.M. Subscribed and sworn to bef-o-re me try ii;z�:)��ay o. JZO 0 5. " 'J ) r ", ary Pub' -,IQ-. - .03f Montana S tta c� iding N; N' scion p4res . . . ........ fit; END CenturyTel of Montana, Inc. Agreement for Subdivision Telepbone Facilities THIS AGREEMENT, ENT, n-tade, June by and between CenturyTel of Montana, Inc., with its principal place of business In Kalispell. Montana located at 290 North Main beyeinafter referred to.I ' Company," and Andv Silvers hereinafter- referred to as "Developer"; P EC ITAI, : Developer is In the process of s0dividing and developi1301, Property or .has subdivided and developed property, Which property is hereinafter referred to as "Pr ect", and will be or is offering lots or portions of 'rojec�t for sale or tease. . Developer is desirous of making the necessary arran ernents for the installation of telephone facilities to serve the Protect and the various portions thereof: 3. The Company is agreeable to His-t -1.1 telephone facilities- in the Project and the various portions thereof, subject, however, to the terms and conditions as hereinafter set forth. The parties agree as follows: INS"I'AL CATION OF FACILITIES: The Companv agrees to design and install telephone facilities in the Proi ect located irr F1 a th ea County, State of Montana, and know as C ottonwood 'ark telephone senice to subscribers in the Project as the lots and portions of said project are developed and sold or leased . ADVANCE: promptly upon the execution hereof, Developer shall pay t T-he Company as an advance against The Companyrs cost the sum of $9,706.49 which is the estimated cost of design., purchase, and installation of such telephone facilities. I.f mul tip le visits are required due to customer caused delays, a n ad.ditio n a] charge rat00.00 per visit will apply. Upon completion of such installation and a deterrmination of the actual cost thereof by The Company, the Developer shall within tern 10 clays after xvritten demand on the Developer by ` he Company pay to The Company are additional amount not to exceed 1 % of the estimated cost if the actual cost is ai, ater than the estimated cost. The Developer shalI be entitled to a rc1mbu semen.t of the dr ference rf the actual cost; as I.-na I ly determ-ned by T lie Company, is less than the sum herewith as the estimated cost. .REFUNDS: a Developer {eloper shall be entitled to a refund from The Company of $242.66 for each lot or portion of the Project connected to The Company's facilities for telephone service to a subscriber within the period of five ears from the date of which the facilities to be installed by The Company under the terms of this Agreement are completed. It is specifically understood and agreed that the installation of the facilities contemplated hereunder- do not include the services rendered to a subscriber. If an adjustment of cost is made in accordance with the, tens ofParagraph of this Agreement, the refund shall he adjusted accordingly based on the actual cost of the design, purchase and installation to The Company. It is understood and agreed that the amount of refund is deterrmued by dividing the sum paid to The Company under the terms of Paragraph 2 of this Agreement by 40 Lots* in the Project. * Lots I thru . , I AA.& , 1 A , 16 thru , A B, 30 thru 36. h Such refund shall be paid to the Developer each year for all lots and units connected during the previous calendar year. No interest shall be charged or paid on any payments made by the Developer do The Company or Oil any refunds due Developer by The Company. . All rotund requests must be submitted to CenturyTel each year between anuaryl and February 1.5, within the five 5 year refund period. e Developer shall not be entitled to any refund for lots or Units connected after expiration of the five year period described in Paragraph 3 (a) of this Agreement. and any ur efunded portion of said cost referred to in paragraph shalt become the property offhe Company free and clear of any claim ofthe Developer. . HT off, `A, ADD IRENC ES: Developer shall provide at no cost to The Company appropriate utility rights of way by dedicatingstrips or easements for the installation of'f"�he C`o pany's facilities, such rights of way or casements to be dedicated or conveyed in a form acceptabte to The Company. Such rights of way shall be graded to er . -finished ed dad.e by, or at the expense of, the Developer prior to the trenching or Installation of The Company's facilities bereund r. Developer may rovide, with the consent ofTh ompany, all -trenching, excavation andback filling necessary for the proper Installation ofThe Company's facilities, at no cost to The Company, and in accordance nth the specifications to be f�. mished by The Company, DXINIAGES TO FACILITIES: Developer agrees to comply with all the Statutes of the State of Montana or any agency or m nicipallty having Jurisdiction thereof relating to any excavation, trenching and back filling necessary and proper for the installation of The Company's facilities. Developer shall .pay The Company for any damage caused to The Company's facilities by Developer or any of Developer's contractors or subcontractors, and Developer shall hold The Company haryrdess from any and all damage, liability, cost or expense of whatsoever nature resultin `rorn any damage caused to The Company by Developer or any of Developer's contractors or subcontractors. Such damage shall be paid promptly by Developer to The- -Company at such dine as The Company has determined the amount of damage sustained by The Company under the terms of this paragraph. 6. REGULATORY JURISDICTION: This Agreement, the obligations of The Company hereunder, and all telephone service to be provided by The Company in connection hereunder, shall be subject to the rules, regulations and orders of any regulatory agency having J rlsd1ction thereof, and the rates, roles and re tilations of The Company's taniffs as now or hereafter filed with the regulatory aothonties with whom such tariffs must e filed. 7. SUCCESSORS: The rights and obligations of this Agreement shall inure to the benefit of and be bind]'ng UPOIA the respective heirs, administrators, executors, successors and assigns of the parties hereto, provided, however, that no assignment of any of Devt-,Ioper's rights ofobligations hereunder. or any portion hereof, shall become effective with out the prior written consent of The Company 30 daysafter the receipt o.fyour payment and signed contract before we will begin construction. IN WITNESS HEREOF, the parties hereto have caused this Agreement to be ex ecuted as oft e day and year first berein above written. ***Developer to provide conduit as shown on attached print. Developer to provide all open trenching. fl 1�N 0 g 20D5 COMPANY: CenturvTel of Montana,Inc. Jeremy Fe r i — General Manager ,7 o r p)e ' oiler . Da te: { �f� C -! ETVVORKD U1,AT __LE-__ �.16DSUB€ IVISIO MB ONTRA TBi.20D5 o T�AT 1 T CONTRACTICOTTONWOOD PARKDOC '!Fd lskak� Wr d iWe si er� Energy Kalispell Office Phone: - 5 -22 10 PO BOX 9888 Fax.- 406-751-2224 Kalispell MT 59904 Quotation Quotation Now 20015627 Document Date o 005 Payment Terms PaYable upon receipt Service order No. 23083246 Quotation valid To: 01 to Item I Material Description This quote represents the cost to install the backbone natural gas system in Cottowood Park Subdivision, This cast is for non frozen ground conditions and is subject to all the easements being platted by the developer and It D T permit (to dig in the Hwy 424 right of gay) berm acquired by NorthWestern Energy. This quote is for a design for the gas system that des not eater the flood plain and would not require permit to do so. (SEE , N L S 1 DESIGN) m 1 1228 Av. Rule -) Gas Main Ras Price - labor & Materials Tax adder Subtotal Total Amount... 1-- l - -_ _ _. - � ._. -. . i rf-% iJ &.I C %.&1 r- NICZ n M Quantity I Unit Price I Amount SAR ere 055296 E p Rivers REM a n THREE RIMERS BANK of MONTANADATE, 200593-141/929 PAY T THEORUER **c +�� k'�rr�cr�ir�k�c�r�k�k�k�c�k�lk�k�r9 306 00*********** Wx CASHIER'S CHECK Three Rivers Bank of Montana 2 N. Meridian good Kalispell, Montana 59901 'Request for Construction Loan Disbursements NAME: Andy Silvers ATE: 5 LOAN NUMBER: PROPERTYLOCATION: 411 Three Mile You are hereby requested to make immediate payments to the payees and contractor/borrower shown Baer in accordance with the follow-up schedule, together with the aftached invoices, .°Sc 2'y�'�`xY'r�,�,] { � �°�.. .=% \C. a�, � W 5 .)i .. �.. `wC."rµ ttkkry ,�"v. \ �! ¢.�� 4k-. L"��i�9.��1 {} l yki R4'-�_ _*�j(""'Q'✓.%t'i'xi.V. ♦ �k �y+�• H+.w � �,'+�w.l{%�'ti� /.Y�i sv i%/4��v}ti�u `i.�,'..iV�Y1'f t£2:%'tmy'�}.�`.ifa*�f\y `y y:+l w,?w;. .,_ 75 ' 6 TOTS hereby certify that the work done and r materials furnished have (or for) sajo propel the extent of within payments and all oth This ust be etedfull b ursements are e. Signatureof G grantor ign t r — Peen actually completed ar furnished to mounts previously authorized by me. of Contractor im FO REMITTER I THREE RIVERS BANK OF. MONTA.M. PAY TO THo�***BEAVER ORDER GRAVEL AND ANDY SILVERS**********************************$87,959,76****** A" IvEw. ot *# T I F- JF4C Ev c, - W CASHIER'S CHECK SIGNATURES REQUIRE NP 1110 SC308 Sit" 10*09 290 Its 113188 00 - r�O 6 3 115 F C7 SHEET SERVICE REFERENCICId & l.. po#� I e q A NAME, u-- DA-rF.: UX I 1tv" It is our des;ire t.4 '1.ding t1i's ference sheet to indicate the division of responsib'l' With 7i�gard to 1-h- above Service- we are provi 3 1,,,- ' ` 4 i electric servsce,- The cust9m; n, I Ings and I dc fl is 'nformation to help avoid imisunders tand.- eliminate any problems in providing I )mum I ies prior to construction. ct ion. The CU stomer I S also req U- Ired to provide a , A ni is advised to contact tel . ephone Aud TV utilit' ther obstruction is allowed. I -F a and swilchgear. No shrubber-y or o lit pad � t C i e ar zarv� a f 10` n ftol- 4 Ser,%-11C 031 of line extension is: (2-ot-i estimates are subject to chant :c after 90 days,) VA5 A9A01 94 C-K0e7AIIIII` Cr Design Is bassed connected load, Custlomer ser%iice S ze is. amPs, '11 bthe proe loceted on by With mainain dismin:r c-ectimanual bpas Meter lbase wi and-, •-vi Jb nflo-VII! will n ed to FZ,—C, r1or to sett'm'& a wn Yr Utility Credit History ne Exltension Costs 0 RrX Easements 0 Electrical Permit a Membership Apt plica, m E Is frory, FC's location nuber_d&z�k o2 -H provide all primarywire and the stzrvicew�re , C. Nv .E..I custom. el-'s, 0 teeter base 0 ter.m.-inabon can I ;splice point Flathead Vic Cou Will Provide 0 for priTnarf 24"'1- 33 017 for secondary) T-RENCH (36 4kO 1,4 Of separation required betwecn power & phone or of separation required between power gas.) 0 I CON01-51T (Schedule 40 r steel, Minimum Pull 31r.e in conduit. All lsweI shall be wide radlus.) For primary Cable 56 For service cable LTS 'Transforrner an- I zo,� 2. v � I dior switch cabinet vault-, - -1" y 01 BACK FILL, (Must be sand or other rock free material Six Mces below & six inches above'llhe conductor.) R 1:'r-OF-WAY Clear, in j jv 1 1 g per F.E.C. specifications. OTHER switch gear, CT comparnlent 0 Will Pralde R� ENCH (36"- 40' for primary 24"!- 30" for seconda ry A (1p r ion required bet-weenpmAjeraphoneo3 cable. 3of separation required between power & gas) ("ONDUIT (Gray SQhedtfle 40 PVC or teel. MkInimum 1/ Pull 1-in e in conduit. All sweeps shall be wide radius,) , r or primary cable 3 Phase 3 P In as ONCRETE 'VAULTS I LIDS Standard Open Lid .. Solild ilk TRENC-1-4 NSPECTION RBQUT",D CALL PRIOR TO BACKFIL1-, ACKFILL (Must be sand other rock f'ree material Six inches below & six inches above the conductm) RIGHT-OF-WAY Clearing per E.C. specifilicatiorls. )4 ETHER f Cr .. Ie;lw- I Ae A Work order scheduling is based upon the re ' levise date from Engineering. CALL THE ENGINEERJNG DEPARTMENT Ca,) 751-4495 OR 7.514448 WHENMETER, TRENCH, CONDUIT, VAULT, ETC IS READY DO NOT CAL lc FOR SCHEDULING UNTIL YOU HAVEPAID FOR YOUR JOB AND PROVIDED AN ELECTRICAL PERMIT. For Inquiries regarding construction schedides call osney @ 751-4436 or Denny*r Dave Biggar @751-4435, STAKING EWANNEER: CU STONIER ropy to Customer, Original to be placed in Job jacket. SEP-13-2005 12:00 FRoM,.,wEAvER CnRqUEL INC 406-756-0733 TO:7553218 94004U fuauj r-JIVAKU L$4Z IACMANA ENVMQNMEWAL LABORATORY LLC Nwo" Pdft uom"" oxwftm tn vc&md I VO N. Mmiftn Rd P.O. Box SM WWMs MT MM VAjW4ftVftW5bwiW* PMnW (40% -1&15�21 31 FaX (4ft) M7-5M PLEASE FILL IN m PRESS FIRMLY ■ C* p ifp1jr it ....... c0mv. 0aw Tame* l4b, &I dW tACoftowr of Sammig Tyr)80f —,! WRIOr WJppbrlF KAI v IA izow* 'e); A* s— FJOW 6.901 . is UTM wwom Oise auftr�wo re"Wo "m maft? It ft who? #�mtv= V.L lb —17- Fk .... . ........... ... 4'4jr . ..... Anahmtv: A L;W*wdmied vmftr m** shoW ba dWirfop-i-Amaks MW im: d b a ft a Is Lead' ddolft or hWnhcgd WOW. Y r. . ................ ---------- BR1 (FIEV 7104)