03. Final Plat - Diamond Ridge EstatesCity of Kalispell
Planning Department
17 - 2"d 5tred East, Suite 211, Kalispell, Montana 59901
Telephone: (406) 751--1850
Fax: (406) 751-1858
Website: www.kahspell/plannmg.corn
REPORT TO: Kalispell Mayor and City council
FROM: Nicole C. Johnson, Planner II
James H. Patrick, city Manager
SUBJECT Final Plat for Diamond Ridge Estates
MEETING DATE: January 22, 2008
BACKGROUND. This is a request for final plat approval of Diamond Ridge Estates, a 23
lot single-family residential subdivision on approximately 12.2 acres located on the southeast
corner of Three Mile Drive and Stillwater Road. There is an existing home located on the
property which is addressed 394 Three Mile Drive, Kalispell. The properties included in the
subdivision can be described as Assessors Tracts 3ABB, 3AC, 3AD, 3AB and 3ACA located
within Section 12, Township 28 North, Range 22 West, Flathead county, Montana.
Preliminary plat approval for this subdivision was granted by the city council on July 3, 2006.
The Kalispell city council approved this subdivision subject to 20 conditions on July 3, 2006.
Note that the application includes a Subdivision Improvements Agreement (SIA) that details
completed and uncompleted improvements to the Diamond Ridge Estates subdivision. The
improvements that remain are bonded for in the amount of $13,250 and include such items as
creating a common area, detention pond fencing, landscaping, etc. All of the conditions have
been adequately met or otherwise addressed and all improvements have been completed or
bonded for.
RECGMMENDATIO N : A motion to accept the SIA in the amount of $1 3 , 2 5 0 for the
remaining improvements and a emotion to approve the final plat for the Diamond Ridge Estates
subdivision would be in order.
FISCAL EFFECTS: Positive impacts once developed.
ALTERNATIVES: As suggested by the city council.
Respectfully submitted,
Nicole C. Jo o James H. Patrick
Planner II city Manager
Report compiled: January 17, 2008
Attachments: Letter of transmittal,
Final plat application and supporting documents
City of Kalispell
Planning Department
17 -- 2d Street East, Suite 21. 1, Kalispell, Montana 59901
Telephone: (406) 751-1850
Fax: (406) 751-1858
Website: kalispellplanning.com
January 15, 2008
Jarmes H. Patrick, City Manager
City of Kalispell
P.O. Drawer 1997
Kalispell, MT 59903
Re: Final Plat for Diamond Ridge Estates
Dear Jim:
This is a request for final plat approval of Diamond Ridge Estates, a 23 lot single-
family residential subdivision on approximately 1 2. 2 acres located on the southeast
corner of Three Mile Drive and Stillwater Road. There is an existing home located on
the property which is addressed 394 Three Mile Drive, Kalispell. The properties
included in the subdivision can be described as Assessors Tracts 3ABB, 3AC, 3AD,
3AB and 3ACA located within Section 12, Township 28 North, Range 22 West,
Flathead County, Montana. Preliminary plat approval for this subdivision was granted
by the City Council on July 3, 2006.
The application includes a Subdivision Improvements Agreement (SIA) detailing
completed and uncompleted improvements to the Diamond Ridge Estates subdivision.
The improvements that remain are bonded for in the amount of $13,250 and include
such items as creating a common area, detention pond fencing, landscaping, etc. The
SIA and the attached exhibit have been certified by Rodney K. Schenck, a licensed
engineer. A letter of credit from. west One Bank for this amount will expire on
December 31, 2008 and the improvements outlined in the SIA will be completed by
October 31, 2008.
COMPLIANCE ITIrI CONDITIONS OF APPROVAL:
Condition 1. That the development of the site shall be in substantial compliance with
the preliminary plat. (Kalispell Subdivision Regulations, Appendix C - Final Plat)
• This condition is net. The final plat conforms to the preliminary plat approved
by City Council on July 3, 2006.
Condition 2. New infrastructure required to serve the subdivision shall be designed
and constructed in accordance with the City of Kalispell's Standards for Design and
Construction and Montana Public Works Standards; and shall be certified by an
engineer licensed in the State of Montana. All work shall be reviewed and approved by
the Kalispell Public Works Department prior to construction. This infrastructure shall
include but not be limited to streets, street lighting, street signage, curb, gutter,
boulevard and sidewalk and shall be installed along Creekside Court. New
infrastructure along Creekside Court shall tie into the existing street infrastructure
serving Bowser Creek Estates subdivision. (Kalispell Design and Construction
Standards)
• This condition is met. A letter from Carver Engineering dated December 14,
2007 certifies that water, sewer, stormwater drainage and road construction
completed to date has been inspected and is in compliance with the approved
plans and specification. Four letters dated March 19, 2007 and December 20,
2007 from the Kalispell Public works Department serve to approve the
infrastructure design. Montana Department of Environmental Quality also
provided the necessary approval on April 6, 2007. Improvements to the water
and stormwater systems and trees for the boulevard along what's now named
Kara Drive (previously Creekside Court) have been adequately bonded for in the
attached SIA.
Condition 3. The developer shall submit to the Kalispell public works Department an
engineered drainage plan that meets the requirements of the current City standards
for design and construction. Prior to final plat, a certification shall be submitted to
the Public Works Department stating that the improvements have been built as
designed and approved. (Kalispell. Design and Construction Standards)
• This condition is islet. The Kalispell Public Works Department approved the
existing completed improvements except those listed in the SIA, Exhibit B for
Diamond Ridge Estates in a letter dated December 20, 2007.
Condition 4. A letter from the Kalispell Public works Department shall be submitted
stating that all new infrastructure has been accepted by the city of Kalispell.
(Kalispell Design and Construction. Standards)
• This condition is met. The Kalispell Public works Department approved the
existing completed improvements except those listed in the SIA, Exhibit B for
Diamond Ridge Estates in a letter dated December 20, 2007.
Condlition. a. The parkland dedication requirements shall be met with the payment of
cash -in -lieu of parkland of 1.14 acres based on the unimproved fair market value of
the area devoted to lots. (Kalispell Subdivision Regulations, Section 3.19)
* This condition is met. A meeting was held on January 11, 2008 between the
applicant and the Kalispell Parks and Recreation Department which resulted in
an agreement on the fair market value of the unimproved land to be used for
cash -in --lieu of providing the required parkland. An amount of $35,000 per acre
was accepted by the department. Two checks have been received by the City of
Kalispell totaling $39,900.
Condition 6. That a minimum 20-foot buffer strip shall be established between Three
Mile Drive and lots 20 and 23 of Diamond Ridge Estates as well as the frontage of the
tract between lots 20 and 23 labeled "Not a part" on the preliminary plat. The 20-foot
2
buffer strip shall include a paved bike and pedestrian trail, 10-feet wide and comply
with AASHTG standards for bike and pedestrian paths, and integrated into existing
bike and pedestrian paths along Three Mile Drive. The 20-foot buffer strip shall also
include buffering in the form of bermking and landscaping. These improvements are to
be coordinated with the Kalispell Public Works Department, Parks and Recreation
Department, Flathead County Road Department and Montana Department of
Transportation.
* This condition is met. The to -foot bike path is installed along Three Mile Drive
and the easement is identified on the final plat for this subdivision. The letter
from Carver Engineering dated August 16, 2007 describes the agreements the
applicant and city staff made and includes an exhibit for the property identified
as "not a part" as the bike path extends across that property. This exhibit will
be filed concurrently with the final plat.
Condition 7. The developer shall provide evidence that lots 19 and 20 have been
included in the road maintenance agreement for Wyndover Hill Drive.
■ This condition is met. A Grant of Easement and Road Maintenance Agreement
(# 200316815310) was provided with the final plat application.
Condition S. The following requirements shall be met per the Kalispell Fire
Department: Kalispell Subdivision Regulations, Section 3.20) .
a. Water mains designed to provide miru*mum fire flows shall be installed per City
specifications at approved. locations. Minimum fire flows shall be in
accordance with Uniform Fire Code (1997) Appendix III -A.
b. Fire hydrants shall be provided per City specifications at locations approved
by this department, prior to combustible construction.
c. Fire Department access shall be provided in accordance with Uniform Fire
Code (1997) Article 9.
• This condition is met. The Kalispell Fire Department approved hydrant
locations, fire flours and fire department access in a letter dated December 18,
2007. The department also requested that an address monument sign be
installed along Kara Drive at the entrance of the private driveway for Lot 4 so
fire emergency services may better locate the existing home. The applicant has
agreed to install the sign.
Condition 9. The required boulevard along Greekside Court shall be a minimum of 5
feet wide and a payment in lieu of landscaping provided to the Department of Parks
and Recreation for the installation of street trees and seeding of the boulevard.
(Findings of Fact Section D)
• This condition is met. A number of street trees have been planted and the
boulevards have been hydroseeded. The SIA included in this application states
that 25 trees still need to be planted at $300 a piece which totals $ 7,500. The
Kalispell Parks Department confirmed the number of street trees and that the
amount was sufficient for purchase and planting.
Condition 10. The existing outbuildings shown on the preliminary plat shall be
3
removed or located on the same lot as the existing house. (Kalispell Zoning
Ordinance, Section 27.22.020(3)(g)
• This condition is met.. Some of the outbuildings have been removed and the
boundary of Lot 4 has been adjusted to include the shed.
Condition 11. The following note shall be placed on the final plat: `Property owner(s)
are responsible for the boulevard strip for the length of their property boundaries.
Responsibilities include watering and mowing of the grass within the boulevard.
Removal of grass or trees within the boulevard is prohibited unless approved by the
Kalispell Department of Parks and Recreation." (Findings of Fact Section D)
* This condition is met. The note appears on the face of the final plat
Condition 12. The following note shall be placed on the final plat: "Property owner(s)
shall waive their right to protest the creation of a special improvement district for road
upgrades in the area to City standards which are impacted by this subdivision."
* This condition is met. The note appears on the face of the final plat.
Condition 13. A letter shall be obtained from the Montana Department of
Transportation and stating that the proposed accesses onto Three Mile Drive (Farm to
Market Road) have been reviewed and approved, and any associated and necessary
improvements have been satisfactorily completed in order to serve the lots within
Diamond Ridge Estates. (MDOT)
■ This condition is met. A letter dated January 24, 2007 from the Montana
Department of Transportation was provided with the application. The letter
required the applicant to obtain a new Joint Use Driveway Approach
Application and permit and complete an Environmental Checklist. James
Freyholtz, Kalispell Area Traffic Engineer for MDOT, verified that these items
had been completed on January 10, 2008.
Condition 14. The roads within the subdivision shall be named and signed in
accordance with the policies of the Kalispell Public Works Department and the
Uniform Traffic Control Devices Manual and be subject to review and approval of the
Kalispell Fire Department. (Kalispell Subdivision Regulations, Section 3.09).
■ This condition is met.
Condition 15. Prior to filing the final plat a letter from the US Postal Service shall be
included stating the Service has reviewed and approved of the design and location of
the mail delivery site. The mail delivery site shall be installed or bonded for prior to
final plat. In addition, the mail delivery site and improvements shall also be included
in the plans to be reviewed by the Public Works Department. (Kalispell Subdivision
Regulations, Section 3.22).
• This condition is met. A letter dated December 11, 2007 from the United States
Postal Service states that the mail delivery site has been approved for the
Diamond Ridge Estates subdivision.
4
Condition 16. Street lighting shall be located within the subdivision and shall be
shielded so that it does not intrude unnecessarily onto adjoining properties. (Kalispell
Subdivision Regulations Section 3.09(L)).
+ This condition is met. A letter from the Kalispell Public works Department
dated February 2, 2007 relays light specifications and locations to the applicant
and also approves the design as suggested.
Condition 17. All utilities shall be installed underground. (Kalispell Subdivision
Regulations, Section 3.17).
+ This condition is met.
Condition 18. That a minimum of two --thirds of the necessary infrastructure for this
subdivision shall be completed prior to final plat submittal.
+ This condition is met. The developer has completed approximately 98% of the
improvements and the SIA adequately addresses the remairn*ng items,
Condition 19. All areas disturbed during development of the subdivision shall be re -
vegetated with a weed -free mix immediately after development.
* This condition is met. Hydroseeding has taken place in the boulevards and
disturbed areas.
Condition 20. The preliminary plat approval shall be valid for a period of three years
from the date of approval. (KalispeU Subdivision Regulations, Section 2.04) .
• This condition is met. The City Council granted preliminary plat approval on
July 3, 2006 and the preliminary approval will expire on July 3, 2009.
COMPLIANCE WITH APPROVED PRELIKINARY PLAT
The final plat is in substantial compliance with the preliminary plat which was
submitted and approved.
COMPLIANCE WITH THE SUBI3IVYSION REGULATIONS:
This subdivision plat has been found to be in substantial compliance with the State
and City Subdivision Regulations. All taxes are current. The title report notes that
Chase Manhatten Mortgage Corporation and west One Bank have an interest in the
property. A Lien on the property from. HD Supply waterworks, Ltd was released and
documentation provided to that effect. Proof of payment from Chase Manhatten was
provided on December 10, 2007 and a consent to plat from west One Bank is included
in the application.
COMPLIANCE WITH THE ZONING REGULATIONS
This subdivision complies with the Kalispell. Zoning Ordinance and the R-2 zoning
designation.
5
RFC- ObUYIENDATION:
All of the conditions of preliminary plat approval have been adequately addressed.
The staff 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
January 22, 2008 city council agenda if possible. You may call me at 751- 1850 if I
can be of assistance to you regarding this matter.
Sincerely,
Nicole C. John n
Planner II
Attachments: 1 opaque Mylar of final plat
1 reproducible Mylar of final plat
3 blueline of iuial plat
11" x 17" copy of plat
Final Plat application (12/10/07)
Letter from Sands Surveying, Inc. (12/21/07)
Letter -Carver Engineering (12 / 14/07)
Exhibit -Drainage Easement
3 Letters -Kalispell Public Works Department (3/19/07)
MDEQ letter (4/6/07)
Letter -Kalispell Public Works Department (2/2/07)
Letter -Kalispell Public Works Department (12/20/07)
Letter -Carver Engineering, bike path (8/16/07)
Exhibit -Bike Path Easement
Grant of Easement Road Maint. Agreement (Doc#200316815310)
Letter -Kalispell Fire Department (12/18/07)
MDOT permit (1 / 24 /07)
Letter - US Postal Service (12/11/07)
Land value agreement letter from Allen Riebe (1 / 11/ 08)
Copy of park land cash -in -lieu checks ($28,500 and $11,400)
Irrevocable Letter of Credit, West One Bank ($13,250)
SIA for Diamond Ridge Estates (1 / 10 / 09)
CCR's
Title Report (Order # 238564-CT; Guarantee #238564-CT)
Consent to Plat, West One Bank (12/10/07)
Lien Release, HD Waterworks, Ltd.
Letter of proof of payment on $149,000 interest from Chase
Manhattan (12/18/07)
Tax Certification (12/14/07)
c: Allen and Virginia Liebe, 394 Three Mile Drive, Kalispell, MT 59901
Sands Surveying, Inc., 2 Village Loop, Kalispell, MT 59 901
Theresa White, Kalispell City Clerk
6
Return to:
Theresa White
Kalispell City Clerk
P.O. Box 1997
Kalispell, MT 59903
SUBDIVISION IMPROVEMENT AGREEMENT
THIS AGREEMENT, made and entered into this _ day of , 200 ,
by and between the CITY COUNCIL, CITY OF KALISPELL, MONTANA, Party of the First Part
and hereinafter referred to as the CITY, and DIAMOND RIDGE ESTATES, LLC, ALLEN RIEBE,
MANAGING- MEMBER, located at 394 Three Mile Drive, Kalispell, MT 59901, Party of the Second
Part and hereinafter referred to as DEVELOPER.
WITNESSETH:
THAT WHEREAS, the Developer is the owner and developer of a new subdivision known as
DIAMOND RIDGE ESTATES located in the NW 114 NW 114 Section 12, T.28N., R.22W. Flathead
County, Montana and,
WHEREAS, the City has conditioned its approval of the final plat of DIAMOND RIDGE ESTATES,
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 125% of the estimated total cost of construction of said improvements as evidenced by an
estimate prepared by a licensed public engineer included herewith as "Exhibit B"; and
WHEREAS, the estimated total cost of construction of said improvements is the sum of $10,600.00.
NOW THEREFORE, in consideration of the approval of the final plat of said Subdivision by the
City, the Developer hereby agrees as follows:
1. The Developer shall deposit as collateral with the City a Letter of Credit, or other acceptable
collateral as determined by the City Council, in the amount of $13,250.00. Said Letter of Credit or
other collateral shall have an expiration date of at least sixty (60) days following the date set for
completion of the improvements, certifying the following:
a. That the creditor guarantees funds in the sum of $13,250.00, which is the estimated cost of
completing the required improvements in DIAMOND RIDGE ESTATES plus an additional 25% of
the estimated construction costs to cover administrative costs.
b. That if the Developer fails to complete the specified improvements within the required period, the
creditor will pay to the City immediately, and without further action, such funds as are necessary to
finance the completion of those improvements up to the limit of credit stated in the letter;
2. That said required improvements shall be fully completed by October 31, 2008.
3. That upon completion of the required improvements, the Developer shall cause to be filed with the
City a statement certifying that:
a. All required improvements are complete;
b. That the improvements are in compliance with the minimum standards specified by the City for
their construction and that the Developer warrants said improvements against any and all defects for a
period of 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;
e. That a schedule of actual construction costs has been filed with the City; and,
f. All applicable fees and surcharges have been paid.
4. The Developer shall cause to be filed with the City copies of final plans, profiles, grades and
specifications of said improvements, with the certification of the registered professional engineer
responsible for their preparation that all required improvements have been installed in conformance
with said specifications.
IT IS ALSO AGREED BY AND BETWEEN THE PARTIES HERETO AS FOLLOWS,
TO -WIT:
That the Developer shall provide for inspection of all required improvements by a registered
professional engineer before the Developer shall be released from the Subdivision Improvement
Agreement.
That if the City determines that any improvements are not constructed in compliance with the
specifications, it shall furnish the Developer with a list of specific deficiencies and may withhold
collateral sufficient to insure such compliance. If the City determines that the Developer will not
construct any or all of the improvements in accordance with the specifications, or within the required
time limits, it may withdraw the collateral and employ such funds as may be necessary to construct the
improvement or improvements in accordance with the specifications. The unused portions of the
collateral shall be returned to the Developer or the crediting institution, as is appropriate.
IN WITNFSS WH ER-EOF, the Parties have hereunto set their hands and seals the day and year
herein before written.
r2401
,
ALLEN RIEB E, MANAGING MEMBER
DIAMOND RIDGE ESTATES, LLC
STATE OF MONTANA )
ss.
County of Flathead
This instrument was acknowledged before me on C: 3 200S
by Allen Riebe.
- .. NOTARY PUBM €ATAMA
Printed Dame
RW"%�
SEAL at V�f
c Notary Public for the State of Montana
N.* mtEx-' 1p),:-----,--
My Commission Expires
MAYOR, CITY OF KALISPELL ATTEST:
MAYOR FINANCE DIRECTOR
EXHIBIT "B"
CERTIFICATION OF WORK TO BE COMPLETED
DIAMOND RIDGE ESTATES
KARA DRIVE
COMPLETED TO DATE
January 10, 2008
Item
No.
Description
Unit
Measure
Estimated
Quan
Unit Price
Total Price
QUANTITY
COMPLETED
TOTAL COST
COMPLETED
101
Ctearinci & Grubbing
AC.
1.5
$ 4 400.00
$ 6,600.00
1.5
$6 600.00
102
Unclassified Excavation {Esttnra*of3WC.Y-
kwWd" R2!!t , 8" Padi, and DotMnWn Pond
LUMP
1
$ 21,000,00
$ 21,00&00
1
$21,000.00
103
9" of 3" - Pit Run Gravel
C.Y.
1,140
$ 24.50
$ 27 930.00
1,140
$27 930.00
104
6" of 314" Crushed Gravel
S.F.
41,005
$ 0.50
$ 20 502.50
41,005
$20 502.50
106
Hot Plant Mix Ash alt 4" - 2 Lifts
S.F.
33800
$ 1.30
$ 43 940.00
33,800
3 940.00
106
Remove ExistingCurb & Gutter
L.F,
100
$ 16.00
$ 1 604.00
100
$1 6WOO
107
Concrete Curb and Gutter
L.F.
2,412
$ 16.00
$ 38 592.00
2,412
$38 592.00
108
S Concrete Sidewalk on V Prepared Base
L.F.
2680
$ 26.50
$ 71 020.00
2680
$71 020.00
109
Concrete HandIcE Accessible Rams
EA.
4
$ 230.00
$ 920.00
4
$920.00
110
10' Asphalt Bike Path on 8" Prepared Base
L, F,
500
$ 22.15
$ 11 075.00
500
$11,075,00
111
Topsoil 3" Depth) In Boulevards & Embankments
G.Y.
320
$ 15.25
$ 4,880.00
320
$4,880.00
112
Street Si n and Placement
EA.
1
$ 570.00
$ 570.00
1
$570.00
113
H droseedln Seed & Mulch Boulevards
AC.
0.8
$ 3.000.00
$ 2,400,00
0.8
$2 400.00
114
Mail Box Slab
EA.
1
$ 1,100.00
$ 1,100.00
1
1 100,00
115
All Weather Access Strip
L,F.
190
$ 47.75
$ 9,072.50
190
$9 072.50
1
Bouferaird Tres ;
EA.
4i3
310.00
:2 i100.0�3
15
5i30.t70
SUBTOTAL ITEMS 101.116
1
$ 273 202.00
$ 265,702.00
WATER SYSTEM
Item
No.
Description
Unit
Measure
Estimated
Quanyt
y
Unit Prue
Total Price
QUANTITY
COMPLETED
TOTAL COST
COMPLETED
201
8" Water Main - AWWA C900 Class 150
L.F.
1,648
$ 27.50
$ 45 320.00
1648
$45 320.00
202
1 8'* Gate Valves & Boxes
EA.
3
$ 1 500.00
$ 4,500,00
3
$4 500.00
203
8" Misc. Di Fittings
EA.
18
$ 7%00
$ 13 500.00
18
$13 500.04
204
Fire Hydrants
EA.
3
$ 5,250,00
$ 15,750.00
3
$15,750.00
2t3
1 Vlla#er Sere#
$17 60020 .
SUBTOTAL ITEMS 201-205
$ 97 470.00
$ 96,670.00
SEWER SYSTEM
Rem
No.
Description
Unit
Measure
Estimated
Quantity
Unit Price
Total Price
QUANTITY
COMPLETED
TOTAL COST
COMPLETED
301
8" Sewer Main PVC SDR 35
L,F.
1,465
$ 27.50
$ 40,287,50
1,465
$40,287,50
302
4' Diam. Manholes wl Ring & Cover
EA.
14
$ 1,750,00
$ 24 500.00
14
$24 500.00
303
Dr2R Connection at Manhole
EA.
2
$ 750.00
$ 1,500.00
2
$1 500.00
304
Connect to Existing Manhole & Rake Rim Elevation
EA.
1
850.00
$ 850.00
1
850,00
305
4" PVC Sewer Services
EA.
19
$ 7%00
$ 14 250,00
19
$14 250.00
306
Pressure Sewer Services
EA.
4
$ 1 000.00
$ 4,00000
4
$4 000.00
SUBTOTAL ITEMS 301 - 306
$ 85 387
$ 85,387.50
❑RAINAGF & MISCFLLANF(7i1S W[7RK
Item
No.
Description
Unit
Measure
Estimated
Quantity
Unit Price
Total Price
QUANTITY
COMPLETED
TOTAL COST
COMPLETED
A401
Catch Basins wl Castings
EA.
6
$ 825.00
$ 4 950.00
6
$4,950,00
A402
Drain Basins wl Castings
EA.
5
$ 825.00
$ 4125.00
5
$4125,00
A403
4' Dlam. Storm Manholes wl Ring & Cover
EA.
5
$ 1 750.00
$ 8,750.00
5
$8 750.00
A404
12" Storm Sewer Main
L.F.
366
$ 28.00
$ 10 248.00
366
$10,248,DD
A405
8" Storm Sewer Main
L.F,
137
$ 26.00
$ 3 562.00
137
3 562.00
A406
6" Storm Sewer Main
L. F.
384
$ 24.00
$ 9,216.00
384
$9 216.00
A407
Storm Tech SC-740 Chambers
L.F.
281
80.00
$ 22 480.00
281
$22 480.00
A408
4" - 6" Rip Rap Outlet Protectionj
C.Y.
2
$ %00
$ 100.00
2
$100.00
A409
Place 3" Topsoil Ponds and Drainage Swales
C.Y.
65
$ 25.00
$ 1,625.00
65
$1 625.00
A410
Drainage Swales
L. F.
300
15.00
$ 4,500.00
300
$4,500.00
A411
H droseed Pond and Swales
AC.
0.2
$ 3,000.00
600.00
0.2
$600.00
A412
12" CMP
L.F.
70
$ 25.00
$ 1,750.00
70
1 750.00
`A413 `
; , Pored E
Deientlort errs ;'
l:F:`
.
SUBTOTAL ITEMS A401 - A413
$ 73 056.00
$ 71.906.00
UTILITIES w TRENCHING, CONDUIT & VAULTS
COMPLETED TO DATE
January 10, 2008
Itern
No.
Description
unit
Measure
Estimated
Quantity -Unit
Price
Total Price
QUANTITY
COMPLETED
TOTAL COST
COMPLETED
501
Common_Utllfty Trench wl Bedding
L.F.
2,000
$ 4,50
$ 9 000.00
2,000
$9,000.00
502
1" Street Light Condutt wl Pull Rope
L.F.
140
$ 1.50
$ 2%00
140
$210.00
503
2" Conduit w! Pull Rope
L.F.
3,000
$ 3.00
9 000.00
3,000
$9 000.00
604
3" Conduit w! Pull Rope
L.F.
4,400
$ 4.00
$ 17 600.00
4,400
$17,600,00
505
4" Conduit for Gas Sleeve
L.F.
210
$ 5.00
$ 1,0%00
210
$1 050.00
506
Light Bases Standard FEC
EA.
5
$ 700.00
$ 3,500.00
5
$3 500.00
507
1 Phase Transformer Vault
EA.
4
$ 750.00
$ 3 000.00
4
$3,000.00
508
Set Secondary Service Pedestals
EA.
10
$ 100.00
$ 1 000.00
10
$1,000,00
509
Bore Utilities Under Three Mile Drive
1•3" Pvc Conduit and 2-r PVC Conduit
L.S.
1
$ 2,000.00
$ 2,000.00
1
$2,000,00
SUBTOTAL ITEMS 501-SM
$ 46,360.00
$ 48,360.00
PP()FFS.qIC)N AI R I ITII ITY -qI+RVlrl= ['-n-4ZTC
Item
No.
Descr3 tion
Unit
Measure
Estimated
Quan#
Unit Price
Total Prim
QUANTITY
COMPLETED
TOTAL COST
COMPLETED
$0
Conattictlori E l r#rx Ir[
nee ! s pit
P
'L1:1M SUM:
1
$ 35
35,000.[30
98°6
$34 304.00
2
L al uryn :
#_UMP SUM
1
15 D00.00
S 15 000:00
97°
` ` $14 550.00 .
603
Flathead Electric
LUMP SUM
1
$ 23 587.00
$ 23,587.00
10(&0
$23, 587.00
604
Northwest Energy
LUMP SUM
1
$ 11 497.00
$ 11,497.00
100%
$11,497.00
605
Cen-turytel
LUMP SUM
1
$ 13 885.68
$ 13 885.68
100%
$13 885.68
SUBTOTAL ITEMS 601-605
$ 98 %,3.68
1
$97,819.68
TOTAL PROJECT BUDGET
ORIGINAL TOTAL ESTIMATED COST OF CONSTRUCTION
AMOUNT COMPLETED PRIOR TO BONDING
AMOUNT OF REMAINING WORT( PRIOR TO BONDING
AMOUNT OF BOND (1125% OF REMAINING WORK)
AMOUNT OF WORK COMPLETED TO DATE
PERCENTAGE OF WORK COMPLETED TO DATE
AMOUNT OF WORK REMAINING
ORIGINAL BOND AMOUNT
AMOUNT OF BOND TO BE RETAINED (125% OF REMAINING WORK)
BOND AMOUNT TO BE RELEASED
AMOUNT PREVIOUSLY RELEASED
AMOUNT TO BE RELEASED AT THIS TIME
AS PROJECT ENGINEER FOR DIAMOND RIDGE ESTATES, I CERTIFY THAT THE WORK LISTED HEREIN
IS CORRECT. IN ADDITION, I CERTIFY THAT THE ASSOCIATED COSTS ARE REASONABLY
ACCURATE ESTIMATES OF THE RESPECTIVE COSTS OF THE WORK. THE VALUE OF
CONSTRUCTION AND OTHER WORK COMPLETED TO DATE IS ESTIMATED TO BE:
THE TOTAL VALUE OF REMAINING WORK, SERVICES AND FEES IS ESTIMATED TO BE:
SECURITY HELD AT 125% OF THE REMAINING COSTS SHOULD BE IN THE AMOUNT OF:
THEREFORE, IT IS IN ACCORDANCE WITH THE SUBDIVISION IMPROVEMENTS AGREEMENT
TO REDUCE THE TOTAL AMOUNT OF THE SECURITY HELD BY: $0.00
ROD SCHENCK, P.E.
E 674,445.18 1 1 t 663,845.1fl
$ 674,445.18
$ 663,845.18
$ 10,600.00
$ 13,250.00
$ 663,845.18
9&457.
$ 10,600.00
$ 13,260.00
$
$ -
S 663,845.18
S 10,600.00
$ 13,250.00
ALL WORK TO BE COMPLETED BY OCTOBER 31, 2008
WEST ONE BANK
January 10, 2008
Irrevocable Letter of Credit No. 124
Diamond Ridge Estates LLC
394 Three Mile Drive
Kalispell, MT 59901
City of Kalispell
312 1" Avenue East
Kalispell, MT 59901
We hereby establish this irrevocable Letter of Credit in your favor for one or more
drawings up to United . Status.,,` 13,250.00. This Letter of Credit is payable at the West
One Bank office at 221 W.0 Idaho, Kalispell, MT 59901, and expires with our close of
business on December 31 1 200 8
Each draft so drawn must be marked "Drawn under West one Bank, 222 W. Idaho,
Kalispell, MT 59901, Letter, of Credit #124 and accompanied by signed statements of the
City of Kalispell that Diamond Ridge. Estates has failed to honor his contractual
agreement with the City of Kalispell.
We hereby agree with you that all drafts drawn under and in compliance with the terms of
this credit will be duly honored if drawn and presented for payment to our office, West
One Bank, 222 W. Idaho, Kalispell, MT 59901.
West one Bank is insured by the FDIC under Certificate #57534.
Sincerely,
West One Bank
.:y t
BY;
Pr t Name: Lance Gittings
Its: Assistant Vice President
112t 222 W. IDAHO ■ PO. BOX 7758 * IAALISPELL, IVIT 59904-0758 Member
ND R TEL. 406-755-9781 ■ FAX 406-755-9794 ■ www.westonebank.com PDK
SANDS SURVEYING, INC.
2 Village Loop Road
Kalispell, MT 59901
406-755-6481
Fax 406-755-6488
December 21, 2007
City of Kalispell Planning Department
17 2nd Street East
Kalispell, MT 59901
RE: Final Plat submittal for Diamond Ridge Subdivision.
Dear Planning Office:
This cover letter is intended to give an overview of the conditions of approval and the supporting
documentation for meeting the conditions for Diamond Ridge Subdivision. The Kalispell City
Council granted preliminary plat approval of the subdivision on May 5, 2003 and granted a one
year in 2006. Final Plat of Phase 1 and 2 was granted by the City Council on July 3, 2006.
Included with this packet is a Subdivision Improvements Agreement with a table calculating the
amount of construction completed and the construction that remains incomplete. The SIA and
Letter of Credit of $12,687.50 is 125% of the cost remaining. The letter of credit from West one
Bank will expire on 12/31/08 and the improvements outlined in the SIA, will be completed by
1013110 S .
Preliminary Plat Conditions
Condition #1: That the development of the site shall be in substantial conformance with the
approved preliminary plat.
This condition is met. The final plat conforms to the preliminary plat approved by the
City Council.
Condition #2: New infrastructure required to serve the subdivision shall be designed and
constructed in accordance with the City of K.alispell's Standards for Design and Construction and
Montana Public works Standards; and shall be certified by an engineer licensed in the State of
Montana. All work shall be reviewed and approved by the Kalispell Public Works Department
prior to construction. This infrastructure shall include but not be limited to streets, street lighting,
street signage, curb, gutter, boulevard and sidewalk and shall be installed along Creekside Court.
New infrastructure along Creekside Court shall tie into the existing street infrastructure serving
Bowser Creek Estates subdivision.
This condition is met. (See the letter from Carver Engineering dated 12/14/07, the three
letters from the City of Kalispell Public Department dated 3/19/07 approving the
infrastructure design and the MDEQ approval dated 416/07)
Condition #3: The developer shall submit to the Kalispell Public Works Department and
engineered drainage plan that meets the requirements of the current City Standards for design and
construction. Prior to the final plat, a certification shall be submitted to the Public Works
Department stating that the improvements have been built as designed and approved.
Diamond Ridge Estates
This condition is met. (See letter from Kalispell Public Works Department, Frank
Castles, P.E.).
Condition #4: A letter from the Kalispell Public Works Department shall be submitted stating
that all new infrastructure has been accepted by the City of Kalispell.
This condition is met. The Public Works Department has the information to write the
letter but they are waiting for verification from. the City's field inspectors. We should
have this letter within the week.
Condition #5: The parkland dedication requirement shall be met with the payment of cash -in -lieu
of parkland of 1.14 acres based on the unimproved fair market value of the area devoted to lots.
This condition is met. The developer is providing to the City of Kalispell with this
application a check for $28,500.00 to meet the cash -in -lieu of parks dedication..
Condition #6: That a minimum 20-foot buffer strip shall be established between Three Mile
Drive and lots 20 and 23 of Diamond Ridge Estates as well as the frontage of the tract between
Lots 20 and 23 labeled "Not a Part" on the preliminary plat. The 20-foot buffer strip shall include
a paved bike and pedestrian trail, I0-feet wide to comply with AASHTO standards for a bike and
pedestrian paths, and integrated into existing bike and pedestrian paths along Three Mile Drive.
The 20-foot buffer strip shall also include buffering in the form of the berming and landscaping.
These improvements are to be coordinated with the Kalispell Public Works Department and the
Montana Department of Transportation.
This condition is met. The ten foot bike path is installed along Three Mile Drive and the
easement show in the final plat. (See the letter from Carver Engineering Dated 8116.07
and copy of Easement Exhibit for the "Not a Part" property.
Condition #7: That the developer shall provide evidence that Lots 19 and 20 have been included
in the road maintenance agreement for Wyndover Hill Drive.
This condition was met. (See Grant of Easement Road Maintenance Agreement Doc
#200316815310)
Condition #8: The following requirements shall be met per the Kalispell Fire Department:
a. Water mains designed to provide minimum fire flows shall be installed per City
specifications at approved location. Minimum fire flows shall be in accordance with
Uniform Fire Code (1997) Appendix III -A
b. Fire Hydrants shall be provided per City Specification at locations approved by this
department, prior to combustible construction.
c. Fire Department access shall be provided in accordance with Uniform Fire Code
(1997) Article 9..
This condition was met. (See letter dated 12/18/07 from the Kalispell Fire Department
approving the hydrants, fire flows, and access.)
Condition #9: The required boulevard along Creekside Court shall be a minimum of 5 feet wide
and a payment-ih-lieu of landscaping provided to the Department of Parks and Recreation for the
installation of street trees and seeding the boulevard.
Diamond Ridge Estates
2
This condition is met. A number of the street trees have been planted and the boulevards
have been hydroseeded, however some trees still need to be planted and these are
included in the Subdivision Improvements Agreement.
Condition # 10: The existing out building shown on the preliminary Plat shall be removed or
located on the same lot as the exiting house.
This condition was met. The boundary of Lot 4 has been adjusted to include the shed.
Condition # 11: The following note shall be placed on the final plat: "Property owner(s) are
responsible for the boulevard strip for the length of their property boundaries. Responsibilities
include watering and mowing of the grass within the boulevard. Removal of grass and trees
within the boulevard is prohibited unless approved by the Kalispell Department of Parks and
Recreation."
This condition is met. The note appears on the face of the plat.
Condition # 12: The following note shall be placed on the final plat: "Property owner(s) shall
waive their right to protest the creation of a special improvement district for road upgrades in the
area to City Standards which are impacted by the subdivision."
This condition is met. The note appears on the face of the plat.
Condition # 13: A letter shall be obtained from the Montana Department of Transportation and
stating the proposed accesses onto Three Mile Drive have been reviewed and approved and any
associated and necessary improvements have been satisfactorily completed in order to serve the
lots within Diamond Ridge.
This condition is met. (See letter from MDOT dated 1/24/07
Condition # 14: The roads within the subdivision shall be named and signed in accordance with
the policies of the Kalispell Public Works Department and the Uniform Traffic Control Devices
Manual and be subject to review and approval of the Kalispell Fire Department..
This condition is met. The road names were approved and the road signs are installed.
Condition # 15: Prior to filing the final plat a letter from the US Postal Service shall be included
stating the Service has reviewed and approved the design and location of the mail delivery site.
The mail delivery site shall be installed or bonded for prior to final plat. In addition, the mail
delivery site and improvements shall also be included in the plans to be reviewed by the Public
Works Department.
This condition is met. (See letter from USPS 12/11/07)
Condition #16: Street lighting shall be located within the subdivision and shall be shielded so
that it does not intrude unnecessarily onto adjoining properties..
This condition is met. (See letter from City of Kalispell Public Works Department dated
2/2/07)
Diamond Ridge Estates
3
Condition # 17: All utilities shall be installed underground.
This condition is met. Utilities and the underground conduit were installed per plans
approved by the Kalispell Public Works Department and the Utility Companies.
Condition # 18: That a minimum of two-thirds of the necessary infrastructure for the subdivision
shall be completed prior to final plat submittal.
This condition is met. The developer has completed 98% of the improvements and the
See SIA addresses the remaining 2% providing the City of Kalispell with an Irrevocable
Letter of Credit in the amount of $1 2, 6 8 7.5 0 .
Condition # 19: All areas disturbed during development of the subdivision shall be revegetated
with weed free mix immediately after development.
This condition is met. Hydroseeding has taken place in the boulevards and disturbed
areas.
Condition #20: The preliminary approval shall be valid for a period of three years from the data
of approval.
This condition is met. The City Council granted preliminary plat pre/' plat
approval on July 3, 2006 and the preliminary approval will expire on July 3, 2009.
A title reports are included with this application. A consent to plat is included from West one
Bank. The Reed of Trust for Chase Manhattan is being paid off by a local bank. So we will
either update the title to reflect this and/or secure the appropriate consent or pay --off document.
This should be coming within a week or two. Taxes are paid in full. Should you have any
questions regarding this final plat application, please contact me at 755--6481.
Sincerely,
Eric H. Mulcahy, AICP
Sands Surveying Inc.
Attachments: City of Kalispell Final Plat Application
Park Land Cash In -Lieu - $28,500.00, Check #1044
Letter —Carver Engineering (12/14/07)
SIA for Diamond Ridge Estates (12/10/07)
Irrevocable Letter of Credit, West One Bank, for $$12,687.50
3 Letters —Kalispell Public Works Department (3/19/07)
Exhibit —Drainage Easement
MDEQ letter (4/6/07)
Letter -Carver Engineer, Diamond Ridge Bike Path (8/16/07)
Exhibit —Bike Path Easement
Grant of Easement Road Maintenance Agreement (Doc#2003168153 10)
MDOT permit (1/24/07)
Letter —Kalispell Public Works Department (2/2/07)
Diamond Ridge Estates
4
Letter —Kalispell Fire Department (12/18/07)
Letter — USPS (12/11/07)
CC&R's Diamond Ridge Estates (Signed but not yet recorded)
Title Report (Order Number 238564-CT; Guarantee #238564-CT)
Consent to Plat, West One Bank (12/10/07)
Lean Release, HD Waterworks, Ltd
Tax Certification (12/14/07)
Diamond Ridge Estates
5
C CARVER ENGINEERING, INC.
1995 Third Avenue East
Kalispell, MT 59901
(406) 257-6202 fax 756-1093
December 14, 2007
City of Kalispell
P.O. Box 1997
312 1 st Avenue East
Kalispell, MT 59901
Re: Diamond Ridge Estates
City of Kalispell
Subdivision Improvement Agreement
Carver Engineering has observed water, sewer, stormwater drainage and road
construction completed to date on Diamond Ridge Estates, as described in EXHIBIT
B. The work has been inspected and is in compliance with approved plans and
specifications.
Sincerely,
CARVER ENGINEERING, INC.
TA 1
�ff o
Sc crick
No. 16a 8P_
4 / SC
r
L\Z\\\\\
Rod Schenck, P.E.
By SANDS SURVEYING, Inc.
2 Village Loop
Kalispell, MT 59901
(406) 755-6461
JOB NO: 204903 (204902.DWG)
DATE: FEBRUARY 10, 2007
FOR: DIAMOND RIDGE ESTATES, LLC
owm KALTSPELL BOWSER CREEK ASSOCIATES, LLC
LEGEND:
'q 1116 Corner (as noted)
Set 1/2"x24" Rebar & Cap (7975S)
9 Found 5/8" Rebar & Cap (9525LS)
mo Found 5/8" Rebar & Cap (2516S)
EXHIBIT
15' DRAINAGE EASEMENT
NE114NE1/4 ,SEC. 11, T. o28N., R.22W., P.M.,M.
FLATHEAD COUNTY, MONTANA
SCALE : 1 = 60'
60' 30' 0 60' 120'
rya
\ a� 34
�a
0
Approx.
--�r Creek
N08'48'14IV N89'30'5B'9
9.59' 162.21
176.76'
Gp - o '%r-------
0167".1 �e
ant
C�
"h ZI
341.43'
93.25' 85.97'
78.48' 85.93'
N04'38'57� S69'30'56 *W 341.17' -�
5.55'
DESCRIPTION, 15' UTILITY EASEMENT 15' DRAINAGE EASEJMYT (Two Mlle Tracts Ph. 2)
A STRIP OF LAND, SITUATED, LYING AND BEING IN THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER �
OF SECTION 11, TOWNSHIP 28 NORTH, RANGE 22 WEST, P.M.,M., FLATHEAD COUXTY, MONTANA, AND MORE
PARTICULARLY DESCRIBED AS FOLLOWS TO WIT.
BEGINNING at the southeast corner of the Plat of Aspen Creek Subdivision Phase 1 (records of ;n
Flathead County, Montana), which is a found iron pin; Thence along the south boundary of said plat o
S69'30'56"W 341.17 feet to the approximate centerline of a creek; Thence along said centerline the �
following two (2) courses.- N04'3857 W 5.55 feet; N08'48'14"E 9.59 feet; Thence leaving said centerline
N89'30 56'r 341.43 feet; Thence SO4'5227"W 15.07 feet to the point of beginning and containing 0.118
ACRES; Subject to and together with all appurtenant easements of record. SE Cor. NE1/4NE11
Found 5/8" Rebar
35 1 36
f
I
1�
�15.07'
+ SO4.52'270r
�I
' lP4B�
I
1 �
f
� O
I
I
1
I
:: 6..:..'::. �.
. ....
City of Kali*spell Public Works Department
Post Office Box i
Telephone
(406)758-7831
March 19, 2097
Carver Engineering, Inc.
1995 Third Avenue East
Kalispell, Montana 59401
Attention: Rod Schenck
RE: Diamond Ridge Estates
Kalispell, Montana
Dear Rod
RECEINIE.D
MAR 20 2007
Carver Engineering
The construction plans and supporting documents for the referenced project are hereby
approved with the following comments:
Use a standard fire hydrant assembly in lieu of the Air Release Hydrant shown at
Station 4+50 on Sheet W-1. In addition provide water services to Lots 2, 5, and 16
with taps at the high paint in the water main. Ensure the taps are turned up to the 11
or 1 o'clock positions for these services,
The City requires a 12-foot wide all weather access strip along the property line
between Lot 18 and 21 from Kara Drive to Manhole 1B for maintenance access. The all
weather access could be grasscrete or a similar material.
The owner of Diamond Ridge Estates shall remove the existing cul-de-sac and extend
the road and sidewalk from Station 11+94 westward to tie to the existing road and
sidewalk at the west edge of the cul-de-sac.
The valley gutter shown at the east edge of the intersection of Kara Drive and Shellan
Way shall conform to Standard Drawing No. SD-16 as shown in the City of Kalispell
Standards for Design and Construction.
Storm water issues are to be resolved with Susie Turner, Associate Civil Engineer, prior
to construction,
Attached is your copy of the letter of approval sent to the Flathead City -County Health
Department and the Montana Department of Environmental Quality. Approval does not
relieve you, nor the contractor from designing or constructing this project in accordance
with the standards currently in effect.
We look forward to working with you on this project.
Sincer ly►
Frank Castles, P.E.
Deputy Public Works Director/Assistant City Engineer
Attachments: As Stated
MUNICIPAL FACILITIES EXCLUSION CHECKLIST
(Formerly Master Plan Exclusion)
Below please find the information required under §76-4-12, MCA, regarding a municipal facilities
exclusion for this subdivision within a growth policy area or first-class or second-class municipality. Use
of this checklist is only appropriate when the municipality is providing the water and sewer main service
and when the municipality engineering staff is reviewing the plans and specifications prior to approval.
L Name of subdivision: Diamond Ridge Estates
2. Applicant: Name Diamond Ridge Estates, LLC
Address 394 Three Mile Drive
3. Engineer: Name Carver Engineering, Inc.
Address 1995 Third Ave. East; Kalispell, MT 59901
4. Copy of the preliminary or final plat: Attached EJ Number of parcels in the subdivision 23
5. A copy of any applicable zoning ordinances in effect: Attached Z Not applicable []
6. How construction of the sewage disposal and water supply systems or extensions will be financed
(method of financing) Utility extensions will be financed by the owner/developer.
7. Certification that the subdivision is: (Check one)
❑ within a jurisdictional area that has adopted a growth policy
21 within a first-class municipality
El Within a second-class municipality
8. Copy of growth policy: Attached ❑ on file Z Not applicable El
9. Location of the subdivision to the city or town, vicinity map attached: Yes Z No ❑
10. Will the owner of the municipal facilities own, operate, and maintain the water supply, sewage
disposal, solid waste, and storm water facilities? Yes Z No R
11. All water and sewer mains or extensions as defined in §76-4-102, MCA, (a main or extension is
any line that serves more than one building or living unit) will be under the control and
maintenance of the certifying municipality? Yes N No ❑
12. Will the existing water main(s) need to be extended to serve the subdivision? Yes Z No ❑
13. will the existing sewer main(s) need to be extended to serve the subdivision? Yes Z No [_1
14. Exclusion Checklist review fee ($75) included: Yes N No ❑
15. I certify that adequate municipal facilities for the supply of water and disposal of sewage and
solid waste are available or will be provided within one (I) year after notice of certification is
issued, and I certify that the governing body has reviewed and approved plans to ensure adequate
storm water drainage. I further certify that I am authorized to sign this form on behalf of the
governing body.
Name Frank Castles, P, E . Signature C
Department Public works Title Assistant City Engineer
City Kalispell Zip Code 59901 Phone 758-7724
Please sign and send with the $75 review fee to:
MoNTANA DEPARTMENT of ENVIRONMENTAL QUALITY
SUBDIVISION REVIEW SECTION, PERMITTING & CONIPLIA�NCE DIVISION
Po Box 200901
HELENA MT 59620
Revised I2/03
Ci'*ty of Kali*spell Publi*c Works Department
1 � ' 3
Post Office Box 1997, Kalispell, � rlt�nt�na � ��t� �- � �) � �'�.I�pl�o��. {� ���7��Y7 � ..t�, Fax � �4_r��}7 �����3 1
M
March 19, 2007
Department of Environmental Quality
Permitting and Compliance Division
PwS/CSB
109 Cooperative way, Suite 105
Kalispell, Montana 59901
Attention: wafter M. Lauder, P.E.
Environmental Engineer Specialist
RE: Diamond Ridge Estates
Kalispell, Montana
Dear Max,
This letter is to confirm that the City of Kalispell has reviewed and approved the construction plans and
specifications prepared by Carver Engineering, Inc.. for the referenced project with the following
comments:
Use a standard fire hydrant assembly in lieu of the Air Release Hydrant shown at Station 4+ 50 on Sheet
W-1. In addition, provide water services to Lots 21 5, and 16 with taps at the high point in the water
main. Ensure the taps are turned up to the 11 or 1 o'clock positions for these services.
The City requires a 12-foot wide all weather access strip along the property line between Lot 18 and 21
from Kara Drive to Manhole 18 for maintenance access. The all weather access could be g rasscrete or a
similar material which would support any service vehicles.
The Kalispell water distribution system and sanitary sewer system has adequate capacity to serve the
project.
Please feel free to call if you have any questions.
Sincerely, I
Frank C . P.E.
Deputy Public Works Di rector/Assistant City Engineer
cc. R.one,.
..A e
ty. -r r 1m
9 ngi
�9� T� Avenue �a5t
lapse 1paa 59J1
. .ram.. ....
Ci*ty of Kali*spell Public Works Departnient
N
,..., r Post 1c. S t , xi -ch, _ Non ma ��99(.)3 097 Tch� phone (-�06)7 8-7 20t Fa t�406) 7 5( 7�,' *' l
March 19, 2007
Dick Montgomery, P.E.
Environmental Health Services
Flathead City -County Health Department
1035 First Avenue Vilest
Kalispell, Mt. 59901
Re: Diamond Ridge Estates
Kalispell, Montana
Dear Dick,
This letter is to confirm that the City of Kalispell has reviewed and approved the
construction plans and specifications prepared by Carver Engineering, Inc., for the
referenced project. The Kalispell water distribution system and sanitary sewer system
has adequate capacity to serve the project.
If you have any questions, please do not hesitate to contact this office.
Sinc ly,;
rank castles, P. E.
Assistant City Engineer
cc: ld Schenck,
Cr Efeedng Inc,.
]5 hrd Ea`t
Kalispell...:Montana 59901
Er,��,m � � w �f � D
APR 09 2007
Carver Enpineem r
,an Schwei r, Governor
P.O. Brix. 200901 Helena, M.T 59620-0901 - (406) 444-2544 www.deq.mt.gov
April 61 2007
Carver Engineering Inc
Kevin J Malloy
1995 Third Ave East.
Kalispell MT 59901
Dear Mr Malloy:
RE: Diamond Ridge Estates
Municipal Facilities Exclusion
EQ#07-2634
City of Kalsipell
Flathead County
This is to certify that the information and fees received by the Department of Environmental Quality relating to
this subdivision are in compliance with 76-4-127, MCA and ARM 17.36.602. Under 76-4-125(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 when extensions of municipal facilities for the supply of water or
disposal of sewage are proposed 176-4-111 (3), MCA} . Construction of water or sewer extensions prior to
DEQ, Public Water Supply Section's approval is prohibited, and is subject to penalty as prescribed in Title 75,
Chapter 6 and Title 76, Chapter 4.
This file has been given to the Public Water Supply Section for review of the extensions.
Sincerely,
Janet Skaarland
Compliance Specialist
Subdivision Section
(406) 444-1801 --- email s�aarland f t ;moov
cc: City Engineer
County Sanitarian
file
Enforcement Division • Permitting & Compliance Division • Planning, Prevention & Assistance Division + Remediation Division
rm� �-''-�„fir"`>�;"^:i%y',..-*,"NrS>.^
City of Ka Public Works Department
Post Office Box 1997 Kalispell, 9 M^ e , It�o�tar�a S_ 903-1997 Telephone (44 758-�772� Fax 40� 758-7831
-a
f
February 2, 2007
Lee Hanson
Carver Engineering, Inc.
1995 Third Ave. East
Kalispell, MT 59901
PX7VrW ra"416
_J
FEB i510D4
Carver Engin"�.,:,,,,g
Re: Diamond Ridge Estates- Street Lighting Layout
Lee,
I have reviewed the street lighting layout submitted by Carver Engineering for the Diamond
Ridge Estates development. The review is based on the placement of Flathead Electric supplied
and maintained 30 foot metal poles equipped with 100W HPS light futures. The plan is
approved with one change — the light adjacent to lot 8 is to be relocated to the property line
between lots 7 and 8. There is a possibility that the access to lot 8 may be located at the original
location of the light. A total of five lights are required. The lights will be installed behind the
curbing at the following locations:
1. South side of Kara Drive on the property line between lots 1 and 2;
2. East side of Kara Drive on the property line between lots 16 and 17;
3. West side of Kara Drive on the property line between lots 3 and 5;
4. East side of Kara Drive on the property line between lots 13 and 14;
5. North side of Kara Drive on the property line between lots 7 and 8.
If you have any questions I can be reached at 75 8-7725.
Sincerely,
Fre vo
Project Manag
%Z
a
City of K
Works Department
e 0 758-7720 Post office Box 1997, Kalispell, Montana 59903-I997 Telephone 4 - , Fax406 758-783 l
December 20, 2007
Kevin Malloy
Carver Engineering, Inc.
1995 Third Avenue East
Kalispell, Montana 59912
Re: Diamond Ridge Subdivision
Dear Kevin:
DEC , 6 2007
Carvccwi engineering
The City of Kalispell Public Works Department hereby approves the existing, completed improvements except those listed
in the Subdivision Improvements Agreement, Exhibit "B" for the referenced subdivision. Approval by the City of
Kalispell, for the City owned and maintained improvements, is granted based on the following:
I . Carver Engineering's letter certifying that the improvements within the referenced subdivision have been
inspected and installed in accordance with the City of Kalispell standards and the approved plans and
specifications.
2. our video records of the sanitary sewer system.
3. Receipt of a Subdivision Improvements Agreement which contains the total estimated construction costs plus
25% for the remaining subdivision improvements. The Subdivision Improvements Agreement, Exhibit B, is
certified by Rod Schenck, F.E., as being an accurate accounting of anticipated costs for the remaining
improvements.
The two-year warranty period for the City owned and maintained improvements will commence upon completion of all of
the required improvements. The security for the SIA will not be released until the City has been provided with a bond in
the amount of 20% of the value of the improvements.
This Department still has concerns with the functionality of the storm water conveyance system at the intersection of Kara
Drive and Shellan Way. Specifically, we are concerned about the possibility that storm water may leave the gutter flow
line and travel across the intersection along the cold asphalt joint (eroding the joint) to the catch basin north of the
intersection. This can result in premature failure of the asphalt pavement.
Acceptance of the 5IA is granted with the understanding that the intersection of Kara Drive and 5hellan Way will be flow
tested during better weather in the spring of 2008 to ensure the water is contained within the gutter flow line to the inlet in
that gutter. If the water is not contained within the gutter, then further methods must be taken to ensure that the water is
contained within the gutter. At that time, the City will provide water via the fire hydrant south of the intersection on
Beville Court.
If you have any questions, do not hesitate to call this office.
Sincerely,
4,4
rk ro ey
Construction Manager
Cc: Alan Reibe, 394 Three Mile Drive, Kalispell, Montana 59901
Kalispell Planning Dept.
n
ON
CA
�3
ct
ON
CS
cons -along Engineers.
r
August 16, 2007
Cyril
Kalispell Public Works St�r�ictural
City Hall Environmental
Kalispell; MT 59901
Subject:. Diamond Ridge Bike Path
Today a meeting was. held on the subject project site tv discuss the construction
of .a hike path across Bill and Cindy Riebe's property, labeled "plot A Fart" on the
Diamond.. Ridge Preliminary Plat, This latter will serve to document- the
discussion of this meeting,
In. attendance, was Alien Riebe, his daughter-in-law Cind. Fiebe Charlie
g r y ,,
,Johnson and. Mark Crowley with the City of Kalispell Public. Works Department
and Cevin Malloy with Carver Engineering.
The bike path alignmept was exarriined b the rou All and Lind Riebe
Y g p y
proposed moving the bike path. out into the 3-Mile Drive ROW ho,wever, the Cit
Y
opposed, this idea due to t.he- possibility of 3-Mile Drive being re -built, in the future
and thus this piece of the bike path would serve as an obstacle and expense to
p
the taxpayers when. 3-Mile Drive is re -built.,
The other option given by the city was to route the bike path to, the south and
around the "Not. A Fart" property: This,was. also discussed by the groupand it
was determined that this option would cost Allen Riebe a
g uite bit more and with
this option,. the "Not a Part" property would. now be surrounded by the bike Path
oa three sides versus just the front.
Reluctantly, Cindy Liebe finally accepted that the bike Rath. needed to be
constructed as planned and agreed to allow construction of this bike ath to
p
proceed. Given this, the following details were discussed and agreed upon by
,the city and the Riebe's:
The existing hedges can remain, where possible.
The existing pine tree at the east property �
edge will need to be trimmed to
,
allow for construction of the. 10' wide bike path..,
• The existing asphalt (driveway), where it p p
intersects the ro used bike
path, can be used, asp -is, provided that a while painted line is applied
along the path southern edges defining the: edge of bike path
p
1 rivate
p
property.
The additional 1 0' berm landscape easement to the south of the o' bike.
path easement, as shown on the Diamond
Ridge PreliminaryPlat will not
be required by the City on this "Not a Part" property. carver Engineering
wii direct Sands Surveying to remove this easement from the Plat. The
10' berm 1 landscape easement will remain on Lots 20 & 23.
Sincerely,
CARVER ENGINEERING, INC.
t�
Kevin J. Malloy
CC: Eric Mulcahy, sands Surveying
Tom Jentz, City of Kalispell Planning Department
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2 7VIU ego Loop
JOB NO. RN (204902.8 )
DATE 28, 2007
FORIOWBER:WffLrL&CZNDYM.PJEBE
12
4
�. H); r, "T
BIKE PA TH EASEMENT
TRACT 2 CO.& 17969
FLATHEAD COUNTY
9
60 0 50
+tea%
NW68'4 T 142. 00 +
�!� 7�i� 156,0610
56,0 #
*�58rr06
10' 1likeedesan
t
O.OW AC.
OESCRIP'i"ION. BM/PUESTIUAN EASEMENT
�
A STRIP OF lAn. SITUATED. LYING AND
B NG IN TIE KORTHI W QUARTER OF
22
*+
%4
THE NC�ST QUARTER OF SECTION 12 ►(LOT
(LOT 20)
TO iSHIP 28 NORTH, RODE 22 WEST,
�
P.II.,3t.,. FL&MiEAD COUNTY, MONTANA, AND
PARTICULARLY DSSCREBED A
�
0 AC.
�
MORE
FOLLOWS T4 WIT.
ThS 310rthOrly 10 f80t 4t TraCt 2 of
Certiftca►te of Survey No. 17989 (records
f t t
`
(COS 1 0
�
of Flathead Couat , Montein&) and
containing 0.038 ACRES as shoal. On
hereon.
(LOT Ze)
(LOT 10)
+
(DLWOND
RMGE
EST fi TM)
rxfi !
LELr�r �:r17' D
1
(LOT )
.
Section corner --Found MV0H Alum. Cep (4740S)
Found 112" Reber & Cap (79758)
THIS GRANT OF W-1 iROAD MAINMENANCE A GRE M KN'r made thti
l 2-Lh day of Junes 2W* by atW betwea L lOWEIL CLD-rWN sad GERTR D L CIAN -N,
who acgluimd dde as Gamide E, Clinton, of 334 `lam Mile Dr. (P O. Box 703.), Kabspcll, MT
5990A, hatimftcr rvfemDd W as 'V. NTO ", mud ALLEN W mil- aW VIRG I-
MERE, of 3-94' "re Mile Dr., "ispa. MT 5990 L, hcarimftr veferred to m
CUNTON it, the per of the t l rm� cribs in "Exhi'bril. A�" anwhec#
"0 ' rfaence tt a of tms a �tP F� re&nvd W as � ``'1l n'W'0 rt ".
Th,e �t and of the Coma ��comm -*idt the cat of the ` k �
Property".
11w et a. lt'`rc " will c on= four (4) sinfk famay rcsi&mW bats of appm rmtoly Z+
acs h, m be in the pUftJ Wyn&,.,vr I -El l Sab&visivo mJ the r+em60a campisM of mk-. (l
lot of qVtoximWly 5-1/2 ems, this prewmt mi&aoe of CLINTON andCLINTON'S be-Nixo4s,
Valley View Nuntry,
D
RMM is the owner of rul prup"-&Y' in Flathead Coutrr, Meng pardmAaly desoibed in
"Exhibit B"' atwched and by reforme nubde a pm of this agrecn en4 hrrein refamd to -n
pc ".. The + bmtday of the lobe Pmrcrty is in Oman with ft wvg boundary of the
Oin.ton Orly.
The lobe Fmprt• at this �m is a ogle vwt of land on whA-.b is sib a single faaW}
residcnm an ouftild'itsss�
RMBE has no prat m=doa to wbdivuk them �; �l� wigs try lave
add fional accou to and from d* public- marl, Thrft Mile C�rim sn tk- event they tic a
devc1op the Abe ProMaddidonal. sem*nom
The parties desim to csuNighan easonent for a p rtv mad eve in o � ink
W epm to aM from the pubfic 7hrcc MAr Lie to the fom km of Wyndmer fill Subdivisi m
and to the mfthxkT UwA gad to In. which rmv. be cmted by subdivision of the lobe may.
NOW THEIW"ItE, in COLTS dk--rant]n of tk nhmW covenarrm agmcmerits and condirims
contained hmim.,
ff I ALA R# ED-.r
1.GRAM RX CLEO=; C1. ITT N gmm Wid comTysRIME, ft 'tmvor, tl"►c
uffvhto "s icVd 'ves and a� a p moneat �ru for the oonwuCt6m, iEntenan�
and. rrWiof a privam maft`y for inpv*s aA egrm to and fmm dx pub Thme Mile Drive aver,
&wwt and upon a snip of lam 3(] fit in with. pat�culmfy dcscTibcd as follows:
B06nn g at a point on tbe Sow#erly mar= of ft pub>lk rc , Th lk Drive, and
the Northwmt mm of the +Clittmn sty &sctibr in `Exhibit A"; themc
South 4049'36 W a dttawe of 394,77 fom flbawe
Nonh #i5' 10'24" Wm a distanm of V ffti to a point nn die c:onuni bowxlwy beta .
the Cham aA lobe pm?o1im; d art
Nortb W4956' Eau upon tlr commm boumivy 394,77 fact.. +mme ctr less to a point on
South 99*53'02" Eam on tt nth bouts of Tkm Abe Drivc a diwuxx u( M30 f= or
km to tho point of berg, wNch 30 hoot Wipt of later sbal1 be the Eam -30, feet of th-c
convon cawnuv.
I Q&= BY RMBL RTFRE doom hueby gm34 oonvicy, h&rpb and sell m
CLLNTON, the survivor, dw Ivor "s kmi aid 1*0 rcptcmmtjdYrs and &$signs a pcmumcill.
memm for the ouaumeden. rmifitekiame and repair of a private mwtway for iagim and egmu try
and frOM &W puW Th= l& L'mnvc over, &mss *�d upon a s ' of �d 30 t In widL .
p cu" � as Mows:
20018 )� )
Bch at $ poiut w the Smkberly tomckry of ft pub d TV= NIk Drive, artd
the Nxast c+rr of the RIB ftop"� ftnce
South W53'Or Wtst along the Swatherly bwrAwy of Ihm Mile D&C a distume of 30
amwe
South 4°49"may' West s distmct of 394.77 fbe,4 Owncc
North $ 33'02" Fit a digmace of 30 ftet, more or less w t w Em hnundary of the kirbe
Property; dew
North. 4#49"36' Eag along the cmunon bottrA rw of the 0inton awl Ricbe propertk8 to a
paint on the Sautbcdy bomwivy of Th= Mile Driver the pit of wing, whk* 30 foot
x0p of bnd tha be ft west 30 fot of tt coffin cua=nL
I - The casemmts gnod hmxin sMtl he appwWMM W the Cbnwn
Ntorty tad the Ricbe I t
4. ;1 rid " be onstructed to Merin. to the sun&w& and
conditi ►s krVw4 by Plaft-ad County and od%er apMTSW gave�tmt aunty W as
subumdAy demib d by of Wyndmrr tBA Snbd.V�. The rcm of nation sball be
a shd , be�t�&Vxi vA RIERF.
(a) CUNION st thm w4e expmsc shmU rnai wa, " i[` and savwe the roodway T. nta tk
road -is used for mnpm ad eggs to said fi-am the Rm*o.- kAs established un the kicbe
RIFF rrt ux tk ray fog` omssimW or omerV=y use to acxss the
Rkbe Property prior w any mjbdivisim
In ft evem R -BE aeaws mWena l lots on ft ate Pit} w d0sim to ux the
road"y for in ass and egress to tl* lots4 R"E shOl pay a poportiomte &h= of ft
(c) MAntmixx fma shaH be shared betwem U. ►" i0J1' and RIEBE bated an the n4mber
of low which use the m*d for ice. and; cgm. Fcw era n&,, thm (3) RIEAE lots sc v�al
b the roadvmy! five f 5) C ims wvod by the roadway; RIFAE'S Owe of vxpemms
3;�S%; CLMTON'S shm 62.5%-.
6L If eid r CUK'MN € ar RIEBL., or the sumxs om r ,r written
+err -an& thih to pay Wit' Wum (if the cy4xnw, iic6oa may be boDught agait the cfiulting party
in mcoun of competent junk by the odxr pwty for ft wnmw of the sham *f ft mwase,
wart casts WW a MMNWAC f�e for SUMM S of dw PMVAiHng
7. • Ilm aft shO be dwamd aA is imended to run with t1w lwd W to
beaburdw upon w6dmay,and shall. hebinding �tl `��ie�ve
'ir. ivor. the �FI.�!vivo '.s h6n, p wal �'C�6�. adusigns. SuNicL`luent
vadews of tk may, ad any pwt dwoof, sMU be domM by the woopwwe of the dehvcr,
of the, &ed or conveyme to have comcmd to and bemm bow by the t=is Of is ggmemat.
IN VMIN WHEREOF, the partics have bmunin wt twir bad this- 12tb day of Juiw,,
2M3.
200316E d 310
STATE OF MONTANA �
sat.
County of Flatbmd
On this 1.2th day of Jul 2W3, before me* the ` � allotary Public for the State of
afm� appeared ALL EN W. RW fE and .0 v1 A L. RIEB�, known to = to be
r)e puns whow num am subscribed to the foregoing insvunvot, ud aeknowk ged to me the
they +exeGuW the ame.
IN Wr 1WW WTIERROF, I have hemunto set my hand and wed any Notutxy Seal, tx
day aed year an thu cadfiem Est abovc writ.
�i
Nary Publk for the Sty of Montana
■\eskat XAiexpires
1, Mom
My C�ssiw expites Oct.. 14, 2006
STATE OF MONTANA �
■
County of Fhd
■ ■
On this day of June, 2M3, be� ram, dw undepsi , a Natal Nblic for the State
of aft• �Ry � L . PO�i.CLINTON and �TRUD E. WrON, known
to rnc to be the person why erne is subscribed to the forrgoin ' and acknowled d to
"le the they exomw dw SWM
IN W'l' rNES5 VMEREOF, I have h=unto wt my ham and affixed nay Notary Seal, tt
day wA yea r in this cif Gate Imi eve wrium
Pmed 4. eYdjUZ
Noutry Pubhc for the State of Motes.
Resting at
Arty
Cotn.� R
200316816510
EXHIBIT LLA 9 7
'IIte m tltti'vest Qurti te=r cif Ilse Ntki tlmt`+=t I :r, Tct vws1iils ?S' Nm (It, R.-mrL! ?2
��t��t, lti•t l'.C�i., l-l:ttli�.•rtcl C`cxttraty, Itile�tti,iti;c,
-if] that 1xitlkem of the Noviliwe st Qtulll :t- trine Noulh%vt:st Qmntcr (NW1,4NW ;)
csfsaid Section. I?, describcd as follows
Begimiing at [tie Southeast comer orsaid Nmthwcst 0mirier of the Northwest Qiiartur; 11w. c
West and along tfze South It -tie of said Nortim:st Quarle.i of tlic. Noill,west Qt r(rr, a distance of 347.00 feet
(o a point; thellec
Nuilli 4'09'JY 1?apt, a distance of 13 i tl-29 Vert, moue fir less, to a point uii the No i-th boundary title of said
St d joa t 2; t1imice
Noi tlt 89"40' last, arul alone; saaid Section iittc it ctistalic-c +-st 330 feet, mote eta- less, ire (tic Noi llicast confer of
s,10 NEtril]WCst Qamt'icr of the Nul tlk'%V S( OtIm tf'i , ttte•iIct-
St Udii farad atlorig the Linst 11Ot_trRIM-Y Of s:aicl Nord I west Quaarlcr ell' tlae Northwest Quartcr (o the PoInL of
l3gbinrting.
I Sf CrXCIIPTING a inlet of la no iei Ott- Not thwest Quat It-1- cif fke► Norih wcst Qtttri-ler of Sc eiital 12,
'l'ck vIi hip'28 Noiilc. Range 22 Wes(, I ,M-,M-, l�laitheAd �'omityr. l�lt>'rtisttirt, Ix.1tticiil:itl� cic�criE3ccl pis l;rltt►W,;
t 'ormortwing Id file Solithecast comer of rite: NutEfavvest Qo4mlet, of lltc Metm[tiwest Qit-trfe^i, llictice
Wcsl :lie}rib the South litre of said PkHt INW-si Qcritr 1VA i1#' #1W N(Wila►vest t art►trlcr, a ilistance of 34'1 fievi to Ilia
'l'mc Pent.. of Beginning of (tic tract of l.mid dc.-st_ritic&, llt otx
North 4"09'33" L ast, a distatwe, of 435.96 feet tri a lxaitll; thence
west a distance of 100,00 feet try a Point; thence
titicl► �� lid': �3" first a tllstattcr. Of tl: ,!�C} t'eel, iiirtic eii, lust, in a point on Ilie ,Snttllt line off he i tiolvvesi
Quarter of the Nor[lmest Qtiai tat; 1hence
fast and along flit Stith litter of sald Norfliwmf Quarter oI- Uic Nortliwcst Qii.arlcr, a dist;tarc.e. of 100 feel,
more or less, to the Point of Beginuing,
ALSO I XGEP7TNG a tract of land in the Nonliwest Quartcr of tlic t'Noi thwest Quartet t3 f .St'.t'Iimi 121.
'roa mistiip ?$ Ntirt.it, Range 22 Wcst, I'.M �,N1., 11atIwad Ct>milY, MOM aiia, tteser€bed as fnIlows -
Ilc gi111lmg zat a poilit on;Ite Sttutherty boutidary of t1w t_eaiitity Road known as "`1'tirec Mile- Drive", lxhicl-i is
450 fect E,,` sleuly of (tie We--%t lumiid;ity of sz;wl N4adhvve:it Qti;arlcr of Ilic; Nm Iliwcst Qtlm tot tvltC13
iEai=iared :rlr?ttt; title nttiltert}r btitrrirlar, cif Sabel C'oulilyr Road; Ilaeirce
`*ciettltzt•ly al Id parallel faith tltc Weslerly I ountlavy (Vt :;;64l Notdtivesi c�ittatl r e)l'the horror e.m t lti.ark-t-,
1225 reef, more or Iv5s, icy (IIC. iIher Iy hoiiiit ary o aid NoftjJWC4"C( ()tt:ti tC I- EiC tfae Ncji'ili�vL�'St Q1 ff(et'
t ktc lies
Weslierly airing the Southerly lttmudary of -said Nottim<!st Qtuirlor tf1he Noiltvvest Quarles, 450 rticiiC
0r less, t() Ole Wc5tc:rly (�ouIrduty of ssiicl N4riliurcist QtatirICr 017tIW Neirtliwt;st Qttaitc:r; tt1clle C
Nartlaerly along the Wcstcrly hcttniclary of said Nortimcst Quarler of the Qtuarit:r, I225 l�el,
inure or less, to its intersm Lion %r0.11 tlw Svotlltierly litiC ti'rThree Mile DI i►c; ihcatcc: along tile souther ly°
tirte of *1bree M i1a Drive, a dimame of 450 hxI tip tl:z I"emit of Itevirrtri12g.
,NL,-so ExcF- vr1 NG that portion lying withii] 'Hitce IN -file lei ive, it Comity Road.
2003168) 65 10
EXHIBIT "B""
A tract of laM in tt lW 1/41W114 of &=ioo 12, Township 28 North, age 22 Wes4 M.P.M.f
Fbdcad wty, Mimam pat doWy descTibod as Mows:
Begin at a POhxt on the South•Iy knownrhea Jaunty load known as'llroc Mile Driver
which is fea Eastcdy of the West bow of saw l 1 f4 lW I /4 when aloe the
South arly bour dary of said miad; a County Road; which ��t is dw t comer of dw cauin
tract deed to Loonaxd E, Rkbc and Lida 13. Riebc in doed rmwdcd in. Boob 434, '763;
tt�� Soutt�ly and paraUcl with the Wc�y bower of saw N'I/41W1/4, l feet, nxxe
or ass, to the Southaly of saW WI/4 NW114; thcncc Eastcriy along the S�ou�y
botmdary of said 1�3,�4 N'1I�
. f r 1 f t thermic
Nbr&aly and pal With the Westoly boundary of said NW 1/4 IW114� 1225 fmt, mme or lass,
to the S t ally bowadary of the County Road; ice
Westerly along the Soudan y boundary of the County Road 150 fea to tbt pLwe of l e&nin
A69%AM 2W1W *SX6W OF PLA THM O"M, STATE a* AWMAK Ar TW
r or 1 • ON
KALISPELL FIRE DEPARTMENT
312 First Avenue East
a" ; PCB Box 1997
Randy Brodeh.l Fire Chief y "
Kalispell, Montana 59901
Dan Diehl Assistant Chief/Operations ,MNW^11 F ;
' , :W (4U 758-7760
DC Haas Assistant ChieVPrevention T „r -:
_(4
05) 755-7952
Tim Soule Training Chief xw~ FAX:
www.kalispell.com
December 18, 2007
Carver Engineering, Inc.
Attn: Kevin Malloy
1995 3rd Ave E
Kalispell, MT 59901
Re: Diamond Ridge Estates subdivision
Dear Mr. Malloy,
In response to your request for approval of the above -referenced profit, our departrnent
approves final plat for Diamond Ridge Estates Subdivision, with the following information
and conditions:
u Fire hydrant locations, fire flows, and fire department access are approved by
this department.
Please contact me if you have any questions.
Sincerely,
F. Ray RufFatto
Deputy Fire Marshal
cc: Tom Jentz, Kalispell Planning Office
Craig Kerzman, Building Official
"'Assisting our community in reducing, preventing, and mitigating emergencies. „
Montano Department of Transportation
'servirrsa roes With pride
Kalispell Area Office
85 Fifth Avenue East North
PO Box 7308
Kafispek MT 59904-0308
January 24, 2007
Leigh Hanson
Carver Engineering, Inc.
1995 Third Ave East
Kalispell, MT 59901
Subject: Diamond Ridge Estates— Three Mile Drive
....................... ------------
--
�C
Leigh, thanks for contacting the Montana Department of Transportation (MDT) regarding
the proposed 23-lot subdivision. The proposed subdivision is located along the south side
of Three Mile Drive (Secondary 157) at the intersection with Stillwater Road.
The subdivision will access Three Mile Drive via an existing joint use approach which is
designated Bowser Creek Court and located directly south of Stillwater Road. The MDT
currently has a joint use approach permit on file for this access. As this is a change in
use, the owners will need to contact the MDT Kalispell Office and complete a new Joint
Use Driveway Approach Application & Permit; and an Environmental check list.
The MDT has no additional concerns regarding the access to Three Mile Drive for the
subject subdivision.
Clay Colby is the contact person for issuing a new approach permit. He can be contacted
at (406) 751-2000.
Sincerely,
James M. Freyholtz, P.E.
Kalispell Area Traffic Engineer
copies: File
Clay Colby, Kalispell Area Maintenance Superintendent
Phone: (406) 75 i-200Q Ht {?_' 7i c-)r:f� rii, y �:�rf1pit ; rF TTY: WO) 335-7592
Fox. (406) 752--5767 Web Page- www,mdt,mt.gov
Addendum for Allen Riebe & Bowser Creek Estates Approach.-
S 424 MP 0.0 08/27/07
The Diamond Ridge subdivision has requested to access their development via this
approach adding 210 trips per day. This proposal has been reviewed and approved by the
Kalispell MDT office. Total trips per day will increase to 640.
CLCIcic S424-0.0
UNITEDSTATES
POSTAL SERVICE
December I I1 2007
TO: Carver Enginedng/Flathead Planning Board
SUBJECT: Housing Subdivision at Diamond Ridge Estates
The Mail box deliver has been approved through the Kalispell Main Post Office for the Subdivision of
Diamond Ridge Estates. The Pad has already been placed and Approved by the Carrier Supervisor.
The Developer will provide the appropriate boxes for delivery.
If you have any que Ions please contact me at the Kalispell Main 0197ce (446) 755-8450.
Chad Taylor
Ass. Growth Manangmerrt Coordinator
475 UENFANT PLAZA SW
WASHiNGToN DC 20260-4210
(202) 2W-4556
FAx: (202) 2$5-=7
City of Kalispell
Planning Department
17 w ?"d Street Fast, Suite 211, Kalispell., Montana 59901
Telephone: (406) 75I-I850
Fax: (406) 751-1858
Website: www.kalispeWplanning.com
MEMORANDUM
To: Deb Deist, City Treasurer
From: Michelle Anderson, Planning Office
Date: January 4, 2008
Subject: Diamond Ridge Estates Cash -in -Lieu of Parkland
Attached is a check in the amount of $28,500.00 for cash -in -lieu of parks for the
Diamond Ridge Estates Final Plat.
DIAMOND RIDGE ESTATES LLC 1052
394 THREE MILE DR PH. 406-752-9010 93. 929
KALISPELL, MT 59W1
Date
Pay to the
Order of
.D
�. Bpirk.
_ .. Zlll. H -
.::..-.:.:,.
P.D. BOX7758 _
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City of Kalispell
Planning Department.
17 - 2°d Stred East, Suite 211, Kalispell, Montana 59901
Telephone: (406) 751-1850
Fax: (406) 751-1858
Website: www.kalispeWplanning.com
MEMORANDUM
To: Deb Deist, City Treasurer
_h�le� Anderson; Planning-O�iic� ...
Date: January 15, 2008
Subject: Diamond Ridge Estates Cash -in -Lieu of Parkland
Attached is an additional check in the amount of $11,,400.00 for cash -in -lieu of
parks for the .Diamond Ridge Estates Final Plat. This amount added to the original
check of $281500.00 represents the full cash -in -lieu payment in the amount of
$39,900.00 for this final plat.
If you have any questions contact our planner Nicole Johnson.
DIAMOND RIDGE ESTATES LLG 1054
394 THREE MILE DR PH. 406-752-9010 93-543/929
KAUSPELL, MT 59901
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Loan #1471133263
CHASE :i
Chase Home Finance LLC
3415 Vision Drive
Columbus, OH 43219-6009
1-800-848-9136 Customer Care
1-800-582-0542 TDDIText Telephone
December 18, 2007
William L. Riebe and Cindy M. Riebe
386 THREE MILE DR
KALISPELL, MT 59901 -0000
RE: Loan Number 1471133263
Property Address: 386 THREE MILE DR
KALISPELL, MT 59901-0000
Dear William L. Riebe and Cindy M. Riebe.
This Metter is to acknowledge that Chase Home Finance (Chase) has received the
funds to pay off your mortgage loan referenced above. Chase will forward an
original executed release of lien for recording to the recorder's office in the
county where the property is located.
Until the release is processed, this letter will serve as proof that Chase has
received the payoff. funds. Within 30 days from receiving the payoff funds, Chase
will forward any funds'we receive in excess of the payoff amount and any remaining
escrow funds to you. Unless notified of an address change, Chase will send the
overpayment or escrow refund you are entitled to as a result of this payoff and
your 1098 year end interest statement to the mailing address used for sending this
letter. To prevent a delay, please inform us of any change in your mailing
address.
You may contact the county or town recorder's office for information about the
time to process the lien release and how to obtain a recorded copy.
If Chase collected escrow funds for paying your mortgage taxes or insurance, you
are now responsible for the payment of these items. Please contact your
homeowner's insurance agent and your taxing authority to advise them of the
address to forward future bills and correspondence. If your mortgage payment also
included an optional insurance product, this coverage was canceled when your loan
F.�as paid off. . if you refinanced your' loan through Chase, Please contact r llstcmer
Care at 1- 800-848--913f if you want to continue this coverage.
Chase's goal is to provide the highest level of quality service. If you have
questions or want to change your mailing address, please contact Customer Care at
1-800-848-9136 to speak with a Customer Care Professional.
We appreciate the opportunity to have serviced your mortgage loan and hope, that
you will contact Chase for your future financial needs ,
Sincerely,
Reconveyance Services.
Chase Nome Finance
P01
Reconveyance Services for Alaska, Nevada and California are provided by
J.P.Morgan Chase Custody Services, Inc.
12/10/2007 10:57 FAX 406 758 5510 FLTH CNTY PLATROON
CA 001
Plat Room
Flathead County, Montana
800 S. Main St.
Kalispell, NIT 59901
(406) 753-5510
This Form is for Subdivisions Only
BY ; SANDS SURVEYING
FOR: WEB TER RIEBE DATE : 81112007
DES ;
DIAMOND FRIDGE ESTATES PURPOSE . PLAT
(TR 3AB Bt 3AC, 3ACA, 3AB, 3AD
IN 12-28-22 )
YEARS ASSESSOR #
2003 "rHR W , 0729850
M.9 00
0729750
Des - 577
I hereby certify t e no outstanding fixes on the property
assigned the n s listed above, for the years indicated for
each asses er.
NO
y Deputy Trr I
o��(seal)
eas ��c 14
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DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS
OF DIAMOND RIDGE ESTATES
ARTICLE I. DECLARATION - PURPOSES
Section 1.1 Propel: The property which is subject to this Declaration of Covenants,
Conditions and Restrictions of DIAMOND RIDGE ESTATES (this "Declaration") is
described as follows:
DIAMOND RIDGE ESTATES, according to the map or plat thereof on file and of record in
the office of the Clerk and Recorder of Flathead County, Montana.
This property is owned by DIAMOND RIDGE ESTATES, LLC (the "Declarant").
Section 1.2 General Purposes: The purpose of this Declaration is to insure the best use of
the property and the most appropriate development and improvement of each Lot within
the property; to protect the owners against such improper use of surrounding Lots as will
depreciate the value of their Lot; to preserve so far as is practicable the natural beauty of
the property; to prevent the construction of inappropriate structures; to insure the highest
and best development of the property; to encourage and secure the building of attractive
homes thereon with appropriate locations; to secure and maintain adequate setbacks and
adequate free space between structures; and in general to provide adequately for a high
quality of improvements on the property and thereby to enhance the values of
improvements made by Owners.
Section 1.3 Declaration: To further the general purposes herein expressed, DIAMOND
RIDGE ESTATES (the "Declarant") for itself and its successors and assigns, hereby
declares that the real property described in Section 1.1, above, and all property added to
this Declaration by the Declarant, shall at all times be owned, held, used and occupied
subject to the provisions contained in this Declaration and to the covenants, conditions and
restrictions contained herein.
ARTICLE II. DEFINITIONS
Section 2.1 Articles of Incorporation: Articles of Incorporation shall mean the Articles of
Incorporation of DIAMOND RIDGE ESTATES HOME OWNERS ASSOCIATION, INC.,
as the same may be amended from time to time.
Section 2.2 Bylaws: Bylaws shall mean the Bylaws of DIAMOND RIDGE ESTATES
HOME OWNERS ASSOCIATION, INC. and the same may be amended from time to time.
Section 2.3 Common Exenses: Common Expenses means (i) premiums for the liability
insurance carried by the Homeowners Association; 00 all expenses incurred by the
Homeowners Association in administering and managing the Homeowners Association; (iii)
all expenses incurred by the Homeowners Association in any other activities undertaken
for the common benefit of all or some of the owners; and (iv} all expenses lawfully
determined to be Common Expenses by the Board of Directors of the Homeowners
Association, as provided in the Articles and Bylaws.
Page 1
Section 2.4 Declarant: Declarant shall mean DIAMOND RIDGE ESTATES, LLC.
Declarant may assign some or all of its rights under this Declaration to a third party by a
written instrument specifically referring to such rights recorded in the records of Flathead
County, Montana. Such instrument may specify the extent and portion of the rights or
interests as a Declarant ant which are being assigned, in which case the initial Declarant shall
retain all other rights as Declarant.
Section 2.5 Declaration: Declaration shall mean this Declaration of Covenants, Conditions
and Restrictions of DIAMOND RIDGE ESTATES HOME OWNERS ASSOCIATION,
INC., as it may be amended from time to time.
Section 2.6 First Mortgage. First Mortgage means any mortgage, deed of trust, trust
indenture, contract for deed, or other similar financial encumbrance granted by an owner to
secure a debt, which is recorded in the office of the Clerk and Recorder of Flathead County,
Montana., which encumbers a Lot, and which is first in priority among all such mortgages,
deeds of trust, trust indentures or other similar financial encumbrances. There can only be
one First Mortgage with respect to a Lot.
Section 2.7 Homeowners Association. Homeowners Association shall mean DIAMOND
RIDGE ESTATES HOME OWNERS ASSOCIATION, INC., and its successors and
assigns.
Section 2.8 Lot: Lot shall mean each parcel within the property described in Section 1.1,
above, which is designated as a Lot on a plat of the property, including any such parcel
owned by Declarant. The boundaries and acreage of each Lot are delineated on a plat, and
each Lot is identified by the number noted on the plat. The roads shown on any plat are not
considered Lots. Any parcel of property owned, held or used by the Homeowners
Association or owned, held or used in common by the Owners shall not be considered a Lot.
Section 2.9 owner: Owner shall mean the person or persons, entity or entitles who own of
record, according to the real property records of Flathead County, Montana, fee simple title
to a Lot, except that a person purchasing a Lot under a contract for deed which is recorded
(or an abstract of which is recorded) in the records of Flathead County, Montana, shall be
considered the owner of the Lot. The term "Owner" shall include Declarant to the extent it
is the owner of fee simple title to a Lot.
Section 2.10 Period of Declarant's Control: Period of Declarant's Control shall mean the
period beginning on the date this Declaration is first recorded in the office of the Clerk and
Recorder of Flathead County, Montana, and ending on the earlier of: (a) the date which is 20
years later, or (b) the date on which the Declarant has sold seventy five percent (75%) of
the Lots within DIAMOND RIDGE ESTATES and the Declarant has notified the
Homeowners Association in writing that Declarant has determined that no additional
property shall be added to DIAMOND RIDGE ESTATES. The Period of Declarant Control
may be reinstated or extended by agreement between Declarant and the Homeowners
Association upon such terms and conditions as the parties may agree. After the
termination of the Period of Declarant Control, Declarant, if still an owner, will continue to
have all the rights and duties ordinarily given to owners under this Declaration.
Section 2.11 Diamond Ridge Estates: DIAMOND RIDGE ESTATES shall mean all of the
real property located in Flathead County, Montana, described in Section 1.1, above, as well
as all real property which in the past is or in the future becomes part of the DIAMOND
RIDGE ESTATES. Additional real property within Flathead County, Montana, may
Page 2
become part of DIAMOND RIDGE ESTATES in the future, as provided in. Article Ix,
below, and in such event shall be deemed to be within DIAMOND RIDGE ESTATES and
subject to all of the provisions contained in this Declaration.
.ARTICLE 111. HOMEOWNERS ASSOCIATION
Section 3.1. Homeowners Association: The Homeowners Association shall act as a
homeowners association for DIAMOND RIDGE ESTATES.
Section 3.2 Powers: The Homeowners Association shall have all such powers as permitted
by the laws of the State of Montana, provided that the Homeowners Association shall be
subject to and abide by the provisions of this Declaration, as the same may be amended
from time to time.
Section 3.3 Membership: All owners of the Lots within DIAMOND RIDGE ESTATES shall
be members of Homeowners Association. The owners of any Lot shall automatically
become members of the Homeowners Association and shall remain a member until such
time as the ownership of such Lot ceases for any reason, at which time the corresponding
membership in the Homeowners Association shall automatically cease.
Section 3.4 owners' Address: Upon acquiring a Lot, the owners of the Lot shall
immediately inform the Homeowners Association of their names and of one address to
which notices from. the Homeowners Association should be sent. The owners shall be
responsible for informing the Homeowners Association of any change of address.
Section 3.5 Votin : There shall be one vote for. each. Lot. If a person or entity owns more
than one Lot, that person or entity shall have as many votes as the number of Lots owned
by that person or entity. If more than one person or entity has an ownership interest in a
single Lot, such persons or entities must decide among themselves how the vote for that
Lot shall be cast.
Section 3.6 Mana ement Duriniz Period of Declarant Control: During the Period of
Declarant Control, Declarant may appoint, remove and replace from time to time any or all
of the directors and officers of the Homeowners Association. If Declarant so elects,
Declarant may from time to time relinquish, either on a temporary or permanent basis, the
right to appoint all or a portion of the directors and officers of the Homeowners Association;
provided that any such relinquishment shall be expressed in writing to the Homeowners
Association.
ARTICLE IV. ASSESSMENTS
Section 4.1 Assessments: Each owner of any Lot, by acceptance of the deed to a Lot,
whether or not it shall be so expressed in such deed, is deemed to covenant and agree, to
pay to the Homeowners Association assessments for Common Expenses as provided
herein, including Annual Assessments, Special Assessments and Default Assessments
(collectively "Assessments"). The Assessments shall be used exclusively to promote the
recreation, health, safety, and general welfare of the Owners and occupants of DIAMOND
RIDGE ESTATES.
Section 4.2 Annual Ass
subsequently collect from
Assessment shall reflect
essment : (a) The Board of Directors may levy upon and
each owner an Annual .Assessment for each Lot. The Annual
the Board's estimate of the requirements of the Homeowners
Page 3
Association to cover items including, without limitation, expenses of management,
premiums for insurance coverage as deemed desirable or necessary by the Homeowners
Associ-ation, legal accounting fees, management fees, expenses and liabilities incurred by
the Homeowners Association under or by reason of this Declaration and payment of any
deficit remaining from a previous Assessment period.
(b) The Annual Assessment shall be equal for each Lot, unless the Board of Directors
determines in good faith that a portion of the Annual Assessment benefits fewer than all
the lots, in which case such portion shall be assessed only against the benefitted Lots.
(c) The initial Annual Assessment shall be in the sum of $25.00 per year and shall be
payable at the time of the purchase of a lot and shall be prorated accordingly.
(d) Payment of the Annual Assessment shall be due and payable annually on January 1st
of. each year or in installments or otherwise, as the Board of Directors may provide.
(e) For Lots that are sold by Declarant during a year, the Annual Assessment shall be
prorated and paid by the purchaser- at closing.
Section 4.3 Special Assessment: (a) The Board of Directors of the Homeowners Association
may, from time to time, levy upon and subsequently collect from each owner a Special
Assessment for each Lot.
(b) Any Special Assessment shall be equal for each Lot, unless the Board of Directors of the
Homeowners Association determines in- good faith that all or a portion of the Special
Assessment benefits fewer than all the Lots, in which case all or such portion shall be
assessed only against the benef i tted Lots.
(c) Payment of the Special Assessment shall be due and payable as the Board of Directors
may provide.
Section 4.4 Default Assessment: ( a) Any cost or expense (including attorneys fees) incurred
by the Homeowners Association as a result of the failure of an owner to abide by the
provisions of this Declaration, or any expense of the Homeowners Association which is the
obligation of an owner or which is incurred by the Homeowners Association on behalf of the
Owner pursuant to this Declaration, or any interest, late charge or other monetary
obligation of an owner under this Declaration.
(b) Default Assessments are levied against the Lot or Lots of an owner who incurs a
Default Assessment.
(c) Default Assessments shall be immediately due and payable by the owner, upon notice
if --from the Homeowners Association of the amount of the Default Assessment.
Section 4.5 Remedies for Nonpayment of Assessment: Any installment of an Assessment
which is not paid within thirty (30) days after its due date will be delinquent. In the event of
such delinquency, the Homeowners Association may take any or all of the following actions. -
(a) Assess a late charge for each delinquency at uniform rates set by the Board of Directors
from time to time with a minimum of late charge;
Page 4
(b ) Charge interest if from the date of delinquency at uniform rates set by the Board of
Directors from time to time;
(c ) Suspend the voting rights of the Owner during any period of delinquency;
(d) Accelerate all remaining Assessment installments for the fiscal year in question so that
unpaid Assessments for the remainder of the fiscal year will be due and payable at once;
(e) Bring an action against any owner personally obligated to pay the delinquent
Assessment charges;
(f) File a statement of lien with respect to the Lot and foreclose as set forth in more detail
below.
The remedies provided under this Declaration are not exclusive, and the Homeowners
Association may enforce any other remedies to collect delinquent Assessments as may be
provided by law.
Section 4.5 Assessment Lien: Any Assessment chargeable to a Lot will constitute alien on
the Lot, effective the due date of the Assessment. If the Assessment is not paid within
thirty (30) days of its due date, the Homeowners Association may prepare and record a
written lien statement with respect to the Lot, setting forth the name of the Owner, the
legal description of the :Lot, the name of the Homeowners Association, and the delinquent
Assessments amounts then owing. Any such statement will be signed by an officer or
director of the Homeowners Association, and will be served upon the owner of the Lot by
mail to the address that the Homeowners Association has in its records for the owner.
Thirty days following the mailing of such notice to the owner, the Homeowners Association
may proceed to foreclose the statement of lien in the same manner as provided for the
foreclosure of mortgages under the statutes of the State of Montana. The Homeowners
Association will have the power to bid on a Lot at foreclosure sale and to acquire, hold,
lease, mortgage and convey the Lot.
Section 4.6 Liability. for Assessment: All Owners of a Lot are personally responsible, jointly
and severally, for all Assessments which become due at the time of their ownership,
including interest, late charges, costs, expenses and attorney's fees incurred in collection of
such Assessments. All successors to the fee simple title of a Lot, except as provided in
Sections 4.7, 4.8 and 4.10, will, be jointly and severally liable with the prior owner or owners
for any and all unpaid Assessments, including interest, late charges, costs, expenses and
attorney's fees incurred in collection of such Assessments. However, any successor will be
entitled to rely on the statement of status of Assessments given by the Homeowners
Association under. Section 4.10.
Section 4.7 Priority of Lien for Assessment: The lien of the Assessments will be superior to
and prior to any homestead exemption provided now or in the future by the laws of the
State of Montana, and to all other liens and encumbrances except the following:
(a) Liens and encumbrances recorded before the date of the recording of this Declaration;
(b) Liens for real estate taxes and other governmental assessments or charges duly
imposed against the Lot by a Montana governmental or political subdivision or special
taxing district, or any other liens made superior by statute; and
Page 5
(c) The lien for all sums unpaid on a First Mortgage recorded before the date of filing of a
written lien statement for delinquent Assessments, including any and all advances made by
the First Mortgagee, even though some or all of such advances may have been made
subsequent to the date of filing of a written lien statement for delinquent Assessments. Any
First Mortgagee who acquires title to a Lot by virtue of foreclosing the First Mortgage or by
virtue of a deed or assignment in lieu of such a foreclosure, or any purchaser at a
foreclosure sale of the First Mortgage, will take the Lot free of any claims for unpaid
Assessments, interest, late charges, costs, expenses, and attorneys fees against the Lot
which accrue prior to the time such First Mortgagee or purchaser acquires title to the Lot.
All other persons who hold a lien or encumbrance of any type not described in subsection
(a), (b) or (c), above, will, be deemed to consent that their lien or encumbrance will be
subordinate to the Homeowners Association's future liens for Assessments, interest, late
charges, costs, expenses and attorney's fees, as provided in this Article, whether or not
such consent is specifically set forth in the instrument creating any such lien or
encumbrance.
Section 4.8 Protection of First Mortgage: No violation or breach of, or failure to comply
with, any provision contained in this Declaration and no action to enforce any such
provision shall affect, defeat, render invalid or impair the lien of any First Mortgage on any
property taken in good faith and for value and perfected by recording in the office of the
Clerk and Recorder of Flathead County, Montana, prior to the time of recording in said
office of an instrument describing such property and listing the name or names of the
Owner or owners and giving notice of such violation, breach or failure to comply. No
violation, breach, failure to comply or action to enforce this Declaration shall affect, defeat,
render invalid or impair the title or interest of the holder of any First Mortgage or the title or
interest acquired by any purchaser upon foreclosure of any First Mortgage or result in any
liability, personal or otherwise, of any such holder or purchaser.. Any such purchaser upon
foreclosure shall, however, take subject to this Declaration.
Section. 4.9 Statement of Status of Assessments: on written request, the Homeowners
Association will furnish to an owner or his designee or to any mortgagee a statement
setting forth the amount of unpaid Assessments then levied against the Lot in which the
Owner, designee or mortgagee has an interest. The information contained in such
statement, when signed by an officer or director of the Homeowners Association, will be
conclusive upon the Homeowners Association, the Board, and every owner as to the person
or persons to whom such statement is issued and who rely on it in good faith.
Section 4.10 Declarant's Responsibility for Assessments: Notwithstanding the foregoing,
the Declarant, although a member of the Homeowners Association, shall not be responsible
at any time for payment of any of the Assessments for Lots owned by Declarant, unless
and until Declarant constructs a home on such Lot. The Declarant, however, shall at all
times pay a proportionate share of all current expenses of administration actually incurred
by the Homeowners Association from time to time. For purposes of the foregoing sentence,
the Declarant's proportionate share of such expenses shall be based upon the ratio of all
Lots which are listed for sale owned by the Declarant at the time the expense is incurred
(i.e., the number. of Lots which are for sale) to the total number of such Lots plus Lots
owned by third parties (i.e., the total number of sold Lots plus Lots which are for sale). In no
event shall. the Declarant be responsible for payment of the costs of any improvements, or
for other. Special Assessments. So long as Declarant owns any Lots, any increase in the
Annual Assessment and any Special Assessment shall require the Declarant' s written
consent. Further, the Declarant shall in no event be liable for any assessment levied in
Page 6
whole or in part to purchase any lot from. the Declarant or, to finance any litigation or other
claim against the Declarant, any cost of investigating and preparing such, litigation or
claim, or similar related costs.
ARTICLE V. PROTECTIVE COVENANTS
Section 5.1. Land Use: The property may be used for single-family residential purposes.
There shall be no commercial use on the property. Rentals for a term of one month or more
shall not be considered commercial use. Home office or related uses which do .not result in
increased vehicular traffic shall not be considered commercial use. Use as a home office or
related uses are permitted provided advance approval has been obtained from. the
Architectural Review committee which do not result in increased vehicular traffic shall not
be considered commercial use. Garage sales shall be permitted, so long as no more than two
such sales are conducted per year on any Lot.
Section 5.2 No Subdivision of Lots: No Lot shall be further subdivided in any manner. A
change in boundary lines between adjacent owners shall not be considered subdivision. Two
or more contiguous Lots may be combined to form a smaller number of Lots, but such a
combination shall not reduce the assessments for the combined Lots (for example, if two
Lots are combined into one Lot, the one Lot shall continue to pay assessments as if it were
two Lots).
Section 5.3 Structures: There shall be no more than one single family residence and
associated outbuildings per Lot. Each residential unit shall include, at a minimum., a two -
car attached garage and at a maximum, a three -car attached garage.
Section 5.4 Set Backs: There shall be no buildings of any kind within 30 feet of the front lot
line and 15 feet from the side and rear lot lines. However, variances as to set backs may be
granted by the Architectural Review Committee.
Section 5.5 Dwelling, Size: The single family residential dwelling on each Lot must have a
ground floor area, excluding open porches, basements, and garages, of not less than 1200
square feet of finished living area on the first floor, and a total finished living area of not less
than 2200 square feet. The additional. 400 square feet finished floor level may be on a
second level or a "bonus" room above the garage. No portion of any building, shall be more
than 35 feet from the ground, as measured from the average existing grade of the building
site, as determined prior to any site preparation. However, the Architectural Review
Committee may grant variances to these requirements.
Section 5.6 Dwelling Construction: All dwellings shall be 1200 square feet above grade
constructed on site on the Lot and no trailer homes, mobile homes, modular homes, or
prefabricated homes of any kind or type shall be placed on a Lot. All structures shall be
constructed of new materials. However, suitable used materials such as used brick or
beams may be utilized, provided that advance approval has been obtained from the
Architectural Review Committee. All construction, once begun, shall be completed within
12 months after the start of construction. The dwelling shall not be occupied until such time
that the above work is completed and all building debris is removed. There shall be no
burying of construction debris on any Lot in DIAMOND RIDGE ESTATES. If construction
activity on any Lot should cause damage to the roads or improvements, the cost or repair
shall be solely borne by the owner of said Lot. All construction shall conform to the Uniform
Fire Code and Uniform Building Code. A driveway with gravel and a black plastic S" culvert
shall be constructed on each. Lot prior to site clearing or excavating of basement The
Page 7
driveway shall be paved prior to or within 90 days of occupancy (weather permitting). The
Homeowners Association may adopt rules and regulations governing construction, including
trash, and debris removal, sanitary facilities, parking areas, restoration of damaged areas,
fire protection and other construction activities. No building materials, vehicles or other
items of personal property shall. be stored on any Lot prior to commencement of
construction of the dwelling.
Section 5.7 Exterior Finishes: No structure on any Lot shall have a roof or exterior siding
which is silver or metallic colored, reflective, or shiny. only Class A or. B roofing materials,
as rated by the National Fire Protection Association, shall, be allowed on all structures. Use
of wood shakes is discouraged, due to their flammability.
Section 5.5. Condition and Reconstruction: Each structure, once constructed on a Lot, shall
be kept in the same condition as at the time of its initial construction, excepting normal
wear and tear . All structures shall be preserved and of pleasant appearance by
maintaining paint, stain or sealer as needed. If any structure is damaged in any way, the
owner shall exercise due diligence to rebuild, repair or restore the structure to its
appearance and condition prior to the casualty. Reconstruction shall be completed within 9
months of the casualty.
Section 5.9 No Temporary Structures: No structure of a temporary character, trailer,
basement, tent, garage, barn, or other outbuilding shall be used on any Lot at a time as
residence, either temporarily or. permanently. Provided, however, during construction of a
dwelling, construction trailers may be used for purposes of construction.
Section 5.10 Outbuildings: All outbuildings on a Lot shall be "site" built and constructed on
the Lots in keeping with the construction and architecture of the other buildings located on
the Lot and shall present an exterior appearance similar to the other buildings located on
the Lot. All outbuildings shall be kept and maintained in good condition, repair, and
appearance. The Architectural Review Committee must approve the size, location and
design of any outbuilding constructed on a Lot.
Section 5.11 Utilities: All utilities shall be placed underground. Each lot owner shall pay all
costs for connection to the Kalispell water mains installed along the roadways, including all
costs for connection of the water lines from their dwelling to the main water line. Each lot
owner shall pay the cost to connect the utilities and to maintain from their dwelling to the
main underground utilities provided along the roads.
Section 5.12 Antennas, Poles, and Other ^Structures: No antennas, poles, cellular telephone
towers, communication towers, or other structures shall be erected unless approved by the
Architectural Review Committee. Any satellite dish receiver must be 24 inches or less in
diameter and attached to residence or outbuildings.
Section 5.13 House Numbers: Owners shall maintain house numbers on the house itself.
All house numbers shall be visible from the driveway entrance. Declarant or the
Homeowners Association may develop standard house numbering plaques or signposts, and
if such standard house numbering is developed, all Lots shall be so numbered.
Section 5.14 Fire Clearance Measures: In construction and landscaping of houses, owners
shall create and maintain defensible space/vegetative clearance measures around
structures that are in compliance with the Urban wildfire Interface Standards for the
purpose of reducing fire danger.
Page 8
Section 5. 2 1 Si ns : No signs, billboards, banners, or advertising devices of any nature
except as may be authorized by the Architectural. Review Committee shall be erected or
maintained on any part of DIAMOND RIDGE ESTATES, except for (a) a standard size
"For Sale" sign placed on a Lot which is for sale and (b) a builder's sign placed on a Lot
during the course of construction of a dwelling. The foregoing restrictions shall, not apply to
the business activities or advertising of the Declarant while any Lots remain unsold.
Section 5.22 Lot Landsca in Basic landscaping, including finish grading, seeding or
sodding, must be completed prior to or within 90 days after date of occupancy (weather
permitting).
Each Owner shall. have the responsibility to maintain the grounds of his Lot including the
mowing of grass, removal of weeds, and proper trimming of bushes and trees. Each owner
is responsible for revegetation of disturbed areas on that owner's Lot and for the control
and eradication of noxious weeds on that owner's Lot in accordance with the requirements
of the City of Kalispell, other governmental and the department responsible for review and
enforcement, Weed and Parks Department or successor agency. If the Homeowners
Association shall receive complaints from other Owners, then, and in that event, it shall
have the right to notify the Owner, and if the owner does not immediately maintain his Lot,
the Homeowners Association may have such maintenance of the grounds of the Lot
performed as the Homeowners Association shall determine as being reasonable, and the
charges therefor shall be assessed against the Lot as a Default Assessment.
Section 5.23 Hunting and Fireworks: Hunting and target shooting is strictly prohibited
within DIAMOND RIDGE ESTATES. No discharge of firearms or projectiles is permitted in
DIAMOND RIDGE ESTATES. Fireworks may be limited in type, location or time, or
prohibited entirely by the Homeowners Association, or the Homeowners Association may
conduct its own fireworks display.
Section 5.24 Driveways: All driveways roust be paved, with asphalt, concrete or other
surfaces approved by the Architectural Review Committee, from the street pavement to
the garage within one year of occupancy.
Section 5.25 Water SystemlSewa;�Ye. No individual sewage disposal system and no
individual water system or wells will be permitted on any lot of DIAMOND RIDGE
ESTATES, except the now existing wells located on Lots 3 and 4 are permitted.
Section 5.26 outdoor Lighting : Ground level lighting of patio, deck, driveway and entryway
areas on any Lot that do not light areas outside such Lot or create glare are permitted. No
other exterior lighting is permitted except as may be authorized by the Architectural
Review Committee.
Section 5.27 Central Mail Delivery: All mail delivery within DIAMOND RIDGE ESTATES
shall be at the central mail facility as determined by the U.S. Postal Service and the City of
Kalispell. Likewise, all newspapers shall also be delivered to the central mail facility, and no
newspaper tubes shall be maintained anywhere else within DIAMOND RIDGE ESTATES.
Section 5.28 Vehicles: All vehicles shall be parked in the garages or driveways and no
vehicle shall be parked on roadways or the common area except on a temporary basis. The
parking or storage of campers, camping trailers, recreational vehicles, pickup campers,
trucks over 1 ton, boats, snowmobiles, trailers, or unlicensed vehicles is prohibited unless in
an enclosed garage or screened from view. No outdoor maintenance, service, rebuilding,
Page 9
dismantling, painting, or repair work shall be performed on any vehicle outside of an
enclosed garage, except for washing and polishing. No abandoned or inoperable vehicles
shall. be parked on any Lot. No more than one RV camper unit is permitted on a
permanent camper site. The pad is to be paved and designated for parking.
Section 5.29 Animals: Dogs (no more than 2) or cats (no more than 2) or other small
household pets may be kept, provided that they are not kept, bred or maintained for any
commercial purpose. No livestock or poultry of any kind shall be raised, bred or kept on any
lot. Household pets, such as dogs, must be contained upon the Owner's Lot and such pet
may not be permitted to run at large at any time. All pet enclosures must be located in the
rear of the house no closer than 25 feet from any lot line, and must be attached to the
house. No dog which barks and can be heard on any frequent or continuing basis shall be
kept on any Lot. owners shall be responsible to clean up after their pets. Pets constituting
a nuisance may be ordered by the Board to be kept within the residence of the owner or
ordered expelled from DIAMOND RIDGE ESTATES.
ARTICLE VI..ARCHITECTURAL REVIEW
Section 6.1 Review: In order to m.aintai.n harmony of external design and location in relation
to surrounding structures, topography and native vegetation and to otherwise assist in
achieving the general purposes of this Declaration, the following activities shall be subject
to architectural review:
(a) Site preparation.
(b) Construction of any dwelling, structure, fence or other improvement on any Lot.
(c) Exterior modification of any dwelling, structure, fence or other improvement.
(d) Landscaping and modifications to landscaping.
None of these activities shall be undertaken without prior written approval of the
Architectural Review Committee. Alterations remodeling which are completely within, a
dwelling or structure and which do not change the exterior appearance of the structure are
not subject to architectural review.
Section 6.2 Architectural Review Committee: The Architectural Review Committee shall
consist of one or more persons. During the Period of Declarant Control., the members of the
Architectural Review Committee shall be appointed by Declarant, and may include
Declarant or parties related to Declarant. After the Period of Declarant Control, the
members of the Architectural Review Committee shall be appointed by the Board of
Directors of the Homeowners Association. The party appointing the members of the
Architectural Review Committee may remove any such members and replace any
members who are so removed.
Section 6.3 Ap Oic ati on : Prior to undertaking any activities that are subject to
architectural review, the owner shall provide the Architectural Review Committee with
detailed plans and specifications concerning the proposed improvement, including the
following:
(a) Site plan showing the location of house, outbuildings, driveway or other structure
proposed to be built or revised. The plan must also show finished grade elevations.
Page 10
(b) A set of building plans including floor plans for all floors, cross sections, and elevations
showing all dimensions and finished square footage.
(c ) Plans shall include exterior colors, materials, and finishes and indicate outdoor lighting.
The Architectural. Review Committee may require that the applicant submit additional
materials reasonably required to perform its review function. The Architectural Review
Committee may charge a fee for review of the plans. Initially, the fee shall be in the sun. of
$25.00.
Section 6.4 Action by Committee: Upon receipt of plans and other material, the
Architectural Review Committee shall review the proposed improvement to determine
whether it is in accordance with the goals stated in Section 6.1 and is otherwise in
conformance with this Declaration. The Architectural Review Committee shall respond to
the proposal in writing within 30 days of receipt of all, required materials, stating its
approval. or the reasons for its disapproval. If the Architectural Review Committee does
not respond within the 30-day period, the plans shall be deemed approved. The
Architectural. Review Committee may monitor construction to ensure that the approved
plans are being followed.
Section 6.5 Guidelines: The Architectural Review Committee may, but shall not be required
to develop guidelines for its architectural .review.
Section 6.6 Liability: Neither the Declarant, the homeowners Association, the
.Architectural Review Committee nor their respective members, officers, directors,
employees or agents shall be responsible or liable for the defects in- any plans or
specifications submitted, revised or approved under this Article, nor for any defects in
construction pursuant to such plans and specifications. Approval of plans and
specifications under this Article shall not be deemed in lieu of compliance by owner ,with
applicable building codes or other governmental laws or regulations.
ARTICLE VII. DURATION AND AMENDMENT
Section 7.1 Duration of Declaration: The provisions of this Declaration are intended to be
easements and covenants running with the land, and are intended to be perpetual, except
as amended or terminated as provided below. If any provision contained in this Declaration
is subject to the laws or rules sometimes referred to as the rule against perpetuities or the
rule prohibiting unreasonable restraints on alienation, such provisions shall continue and
remain in full. force and effect for the period of 21 years following the death of Allen W.
Riebe, the incorporator, and the now living children of Allen W. Riebe and Virginia L. Riebe,
or until the provisions contained in this Declaration are amended or terminated as provided
below, whichever first occurs.
Section 7.2 Amendment during Period of Declarant Control: During the Period of Declarant
Control, this Declaration may be amended by Declarant as provided in this Section 7.2.
Declarant shall prepare the form of amendment. The form of amendment and a notice of
the owners' rights under this Section 7.2 shall be mailed to each owner by first class mail,
postage prepaid, to the address of the Owner on the records of the homeowners
Association. Unless written objection is received by Declarant from the owners holding
80% or more of the votes within 30 days of the mailing of the notice to the owners, the
action proposed to be taken by the Declarant shall be considered approved and shall
become final. The Declarant shall then record in the records of Flathead County, Montana,
Page 11
a document stating the action taken, together with a certificate certifying that notice was
given to the owners as required herein and that fewer than 80% of the owners objected to
the action.
Section. 7.3 Amendment after. Period of Declarant Control: After the Period of Declarant
Control, this Declaration may be amended or repealed as provided in this Section 7.3. Any
amendment shall require the consent of the owners of seventy-five percent (75%) of the
Lots. Such consent may be evidenced by written consent or by vote at a regular or special
meeting of the members of the Homeowners Association, or by a combination of written
consents and votes.
Section 7.4 Unilateral Amendment. by Declarant: At any time, before or after. the Period of
Declarant Control, so long as Declarant owns a Lot, Declarant may unilaterally amend this
Declaration (1) if such amendment is solely to comply with applicable lave or correct a
technical or typographical. error, (2) if such amendment does not adversely- alter any
substantial rights of any owner or mortgagee, or (3) in order to meet the guidelines or
regulations of a mortgagor or insurer including, but not limited to, the Federal National
Mortgage Association, the Federal. Home Loan Mortgage Corporation, the Federal Housing
Administration, or the Veterans Administration or any similar agency. Such amendments
shall not require approval of any owners.
ARTICLE VIII. MISCELLANEOUS
Section 8.1 Effect of Provisions of Declaration: Each provision contained in this
Declaration, and any agreement, promise, covenant and undertaking to comply with each
provision contained in this Declaration, and any necessary exception or reservation or
grant of title, estate, right or interest to effectuate any provision contained in this
Declaration: (a.) shall be deemed incorporated in each deed or other instrument by which
any right, title or interest in any real property within DIAMOND RIDGE ESTATES is
granted, devised or conveyed, whether or not set forth or referred to in such deed or other
instrument; (b) shall., by virtue of acceptance of any right, title or interest in any real
property within DIAMOND RIDGE ESTATES by an owner or the Homeowners
Association, be deemed accepted, ratified, adopted and declared as a personal covenant of
such owner or Homeowners Association, as the case may be, and, as a personal covenant,
shall be binding on such owner or homeowners Association and such Owner's or
Homeowners Association's respective heirs, personal representatives, successors and
assigns; ( c) shall. be deemed a real covenant by Declarant, for itself, its successors and
assigns, and also an equitable servitude, running, in each case, as a burden with and upon
the title to each parcel of real property within DIAMOND RIDGE ESTATES, including
property that may hereafter become part of DIAMOND RIDGE ESTATES; and ( d) shall
be deemed a covenant, obligation and restriction secured by a lien, binding, burdening and
encumbering the title to each parcel. of real property within DIAMOND RIDGE ESTATES,
which lien with respect to any Lot shall be deemed a lien in favor of Declarant.
Section 8.2 Enforcement and Remedies: Each provision contained in this Declaration shall
be enforceable by the Homeowners Association or by any owner who has first made
written demand on the Homeowners Association to enforce such provision and 30 days
have lapsed without appropriate action having been taken by the homeowners
Association. Any enforcement action may be by a proceeding for such relief as may be
provided at law or in equity, including but not limited to a temporary or permanent
injunction and/or a suit or action to recover damages.
Page 12
Section S. 3 Limited Liability: Neither the Declarant, the Homeowners Association, the
Architectural Review Committee or, their respective officers, directors, employees or
agents shall be liable to any party for any action or for any failure to act with respect to
any matter if the action taken or failure to act was in good faith and without malice.
Section 8. Successors and Assi ns . Except as otherwise provided herein, the provisions
contained in this Declaration shall be binding upon and shall inure to the benefit of
Declarant, the Homeowners Association, and each owner and their respective heirs,
personal representatives, successors and assigns.
Section 8.5 Severabilit : Invalidity or unenforceabi.lity of any provision contained in this
Declaration in whole or in part shall not affect the validity or enforceability of any other
provision or any valid and enforceable part of a provision of this Declaration.
Section 8.6 Captions: The captions and headings in this instrument are for convenience
only and shall, not be considered in construing any provisions of this Declaration.
Section 8.7 Construction: when necessary for proper construction, the masculine of any
word used in any provisions contained in this Declaration shall include the feminine or
neuter gender, and the singular the plural, and vice versa.
Section 8.8 No Waiver: Failure to enforce any provision contained ill this Declaration shall
not operate as a waiver of any such provision or of any other provision of this Declaration.
Section 8.9 Attorneys' Fees: In the event of a dispute arising under any provision contained
in this Declaration, the prevailing party shall be entitled to its reasonable costs and
attorneys' fees incurred.
DATED: ��g r� (.� � 2007.
Signature of Declarant:
DIAMOND RIDGE ESTATES, LLC
By: 4� 1
Allen W. R.iebe, Manager
Page 13
STATE OF MONTANA. �
ss.
County of Flathead }
On this day of , 2007, before me, the undersigned, a
Notary Public for the State aforesaid, personally appeared Allen W. Riebe, known to me to
be the Manager of DIAMOND RIDGE ESTATES, LLC., a limited liability company, and
the person who executed the foregoing instrument on behalf of such limited liability
company, and acknowledged to me that said 1 mited liabil' com any executed the same.:::.,
f t
Printed Name
Notary Public fo the State of Montana
Residing at -
My Commission expires 7 12*1.2V
Page 14
City of Kalispell
Planning Department
17 - 2"d Street East, Suite 211, Kalispell, Montana 59901
Telephone: (406) 751-1850
Fax: (406) 751-1 S 5 S
FINAL FLAT APPLICATION
Project /Subdivision Name: Diamond Ridge Estates
Contact Person:
Name: Sands SurveMg,, Inc
Address: 2 Villa e Loo
-Kalispell,, MT 59901
Phone No.: 406 755-6451
Date of Preliminary Plat Approval:__ July 3, 2006.
Type of Subdivision: Residential ., X .Industrial
.... i
Total Number of Lots in Subdivision 23 lots
Land in Project (acres) 12.147 acres
Owner & Mng Address:
Allen and Virginia Rlebe
394 Three Mile Drive
Kalil ell MT 59901
40 752--9919
Commercial PUD other
Parkland (acres) None Cash -in -Lieu L289500.00- Exempt
No. of Lots by 'IYpe:
Single Family X, Townhouse Mobile Home Park
Duplex
Commercial
Apartment
Industrial.
Condominium Multi -Family
Recreational Vehicle Park
Planned Unit Development
other
Legal Description of the Property _NW 1 /4 of NWl /4 of Section 12, Township 28 North, Range 22
West P.M.M.
FILING FEE ATTACHED $_, 3 725.00
Minor Subdivision with approved preliminary plat
Major Subdivision with approved preliminary plat
Subdivisions with Waiver of Preliminary Plat
Subdivision Improvements Agreement
$400 + $125/lot
$800 -r $125/lot
$800 + $125/lot
$ 50
1
Attached
Not Applicable (MUST 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
Subdivision Improvements Agreement (Attach collateral)
X
Parkland Cash -in -Lieu (Check attached)
X
Maintenance Agreement
X
Plats: 1 opaque OR 2 mylars
1 mylar copy 1 signed blueline
4 bluelines 4 bluelines, unsigned
11X17 Copy 11X17 Copy
**The plat must be signed by all owners of record, the surveyor and the exa inmg land surveyor.
Attach a letter, which lists each condition of preliminary plat approval, and individually state how
each condition has specifically been met. In cases where documentation is required, such as an
engineer's certification, State Department of Health certification, etc., original letters shall be
submitted. 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 days prior to expiration date of
the preliminary plat.
When all application materials are submitted to the Kalispell Planning Department, and the staff
finds the application is complete, the staff 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 by
the planning board.
I certify that all information submitted is true, accurate and complete. I 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 that the County Clerk & Recorder requests that all subdivision
final plat applications be accompanied with a digital copy.
07,
Owner(s) Signature Date
**A digital copy of the final plat in a Drawing Interchange File (DXF) format or an AutoCAD file
format, consisting of the following layers;
1. Exterior boundary of subdivision
2. Lot or park boundaries
3. Easements
4. Roads or rights -of --way
5. A tie to either an existing subdivision corner or a corner of the public land survey system
Subdivision Guarantee
Guarantee No.: 238564-CT
Issued by
First American Title Company
704 South Main/P.O. Box 13-10, Kali5pell, M T 59901
Title Officer. Kathleen Vernon
Phone: (406)752-5388
FAX,w,w (406)752-9617
Form No. 1282 (Rev 12/15/95)
Subdivision Guarantee
Guarantee No.: 238564-CT
Farm 1349
CLTA Guarantee Face Page
(Revised 12/15/95)
t ik .f
First American Tit/e Insurance Company
SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE LIMITS OF LIABILITY AND THE CONDITIONS AND
STIPULATIONS OF THIS GUARANTEE,
First American Title Insurance Company
a corporation, herein called the Company
GUARANTEES
the Assured named in Schedule A against actual monetary lass or damage not exceeding the liability amount
stated in Schedule A, which the Assured shall sustain by reason of any incorrectness in the assurances set forth
in Schedule A.
First American Title Company
AUTHORIZED SIGNATORY
Subdivision Guarantee
Guarantee No.: 238564-CT
SUBDIVISION OR PROPOSED SUBDIVISION GUARANTEE
Order No.: 238564-CT
Guarantee No.: 238564-CT
Fee: $ f 50.00
SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE LIMITS OF LIABILITY, AND OTHER PROVISIONS
OF THE CONDITIONS AND STIPULATIONS HERETO ANNEXED AND MADE A PART OF THIS GUARANTEE,
FIRST AMERICAN TITLE INSURANCE COMPANY, A CORPORATION HEREIN CALLED THE COMPANY
GUARANTEES:
Sands Surveying
FOR THE PURPOSES OF AIDING ITS COMPLIANCE WITH FLATHEAD COUNTY SUBDIVISION
REGULATIONS,
in a sum not exceeding $5,000.00.
THAT according to those public records which, under the recording laws of the State of Montana, impart
constructive notice of matters affecting the title to the lands described on the attached legal description:
A TRACT OF LAND, SITUATED, LYING, AND BEING IN THE NORTHWEST QUARTER OF THE
NORTHWEST QUARTER OF SECTION 12, TOWNSHIP 28 NORTH, RANGE 22 WEST. P.M.M.,
FLATHEAD COUNTY, MONTANA, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS TO
WIT:
BEGINNING AT THE SOUTHWEST CORNER OF THE NORTHWEST QUARTER OF THE
NORTHWEST QUARTER OF SECTION 12, TOWNSHIP 28 NORTH, RANGE 22 WEST, P.M.M.,
FLATHEAD COUNTY, MONTANA;
THENCE ALONG THE WEST BOUNDARY OF SAID NORTHWEST QUARTER OF THE NORTHWEST
QUARTER N04042116" EAST A DISTANCE OF 1248.78 FEET TO THE SOUTHERLY R/W OF
THREE MILE DRIVE; THENCE ALONG SAID R/W N89058'44" EAST A DISTANCE OF 150.03
FEET TO A POINT; THENCE LEAVING SAID R/W S04042127" WEST A DISTANCE OF 177.60
FEET TO A POINT; THENCE
EAST A DISTANCE OF 150.02 FEET TO A POINT; THENCE
N04042'37" EAST A DISTANCE OF 177.65 FEET TO A POINT ON SAID SOUTHERLY R/W OF
THREE MILE DRIVE; THENCE ALONG SAID R/W N891058'44" EAST A DISTANCE OF 150.03
FEET TO THE CENTERLINE OF A 60 FOOT PRIMATE ROAD AND UTILITY EASEMENT KNOWN
AS WYNDOVER HILL DRIVE; THENCE LEAVING SAID R/W S04042'48" WEST A DISTANCE OF
1246.27 FEET TO A POINT ON THE SOUTH BOUNDARY OF SAID NORTHWEST QUARTER OF
THE NORTHWEST QUARTER; THENCE ALONG SAID SOUTH BOUNDARY S89039133" WEST A
DISTANCE OF 450.11 FEET" TO THE POINT OF BEGINNING.
THE ABOVE DESCRIBED TRACT OF LAND SHALL HEREAFTER BE KNOWN AS DIAMOND RIDGE
ESTATES.
(A) Parties having record title interest in said lands whose signatures are necessary under the
requirements of Flathead County Subdivision Regulations on the certificates consenting to the recordation
of Plats and offering for dedication any streets, roads, avenues, and other easements offered for
dedication by said Plat are:
Diamond Ridge Estates, LLC
Subdivision Guarantee
Guarantee No.: 238564-CT
(B) Parties holding liens or encumbrances on the title to said lands are:
Chase Manhattan Mortgage
West one Bank
1. 2008 taxes and special assessments are a lien; amounts not yet determined or payable. The first
one-half becomes delinquent after November 30th of the current year, the second one-half
becomes delinquent after May 31st of the following year.
General taxes as set forth below. Any amounts not paid when due will accrue penalties and
interest in addition to the amount stated herein:
Year 1st Half 2nd Half Parcel Number
2007 $531.84 (paid)
$531.82 (paid) 75-0009577
Affects:
Portion of
premises
2007 $935.28 (paid)
$935.26 (paid) 75-0729750
Affects:
Portion of
premises
2007 $2,106.37
$2,106.32 75-0729800
Affects:
(paid)
(paid)
Portion of
Premises
2. Deed of Trust dated June 4, 2007, to secure an original indebtedness of $500,000.00, and any
other amounts and/or obligations secured thereby
Recorded: June 5, 2007, as Instrument No. 2007-156-16200
Grantor: Allen W. Riebe and Virginia L. Riebe
Trustee: Alliance Title & Escrow Company
Beneficiary: West one Bank
AFFECTS: Portion of Premises
NOTE: This document contains construction language.
3. Right to Claim a lien.
Claimant: H. D. Supply waterworks, Ltd
Recorded: June 11, 2007, as Instrument No. 2007-162-08060.
(C) Easements, claims of easements and restriction agreements of record are:
4. Any right, title or interest in any minerals, mineral rights, or related matters, including but not
limited to oil, gas, coal, and other hydrocarbons.
5. County road rights -of -way not recorded and indexed as a conveyance of record in the office of
the Clerk and Recorder to Title 70, Chapter 21, M.C.A., including, but not limited to any right of
the Public and the County of Flathead to use and occupy those certain roads and trails as
depicted on County Surveyor's maps on file in the office of the County Surveyor of Flathead
County.
6. Agreement upon the terms, conditions and provisions contained therein:
Parties: Richard M. Asher and H. H. Dingman
Recorded: October 17, 1907, in Book 90, Page 131
7. Easement for transmission and distribution line granted to Mountain States Power Company,
recorded March 30, 1951 in Book 317, Page 582.
Subdivision Guarantee Guarantee No.: 238564-CT
8. Easement for divert water of Bowser Spring Creek granted to Allen W. Riebe and Virginia L.
Riebe, recorded June 3, 1963 in Book 452, Page 803.
9. Right-of-way or easement of Three Mile Drive and Wyndover Hill Drive.
10. Easement for an electric underground distribution line of one or more conductors and all
necessary or desirable appurtenances granted to Pacific Power & Light Company
, recorded February 4, 1981 in Book 710 of Page 385, as Instrument No. 1517.
11. Resolution Designation of Limited Access Highway R/W by the Transportation Commission of the
State of Montana, recorded November 14, 1997, as Instrument No. 1997-318-10050.
Amended Resolution Designation of Limited Access Highway R/W by the Transportation
Commission of the State of Montana, recorded October 8, 2004, as Instrument No. 2004-282-
08180.
12. All matters, covenants, conditions, restrictions, easements and any rights, interest or claims
which may exist by reason thereof, disclosed by Certificate of Survey(s) No. 16340, 16341 and
17969, but deleting any covenant, condition or restriction indicating a preference, limitation or
discrimination based on race, color, religion, sec, handicap, familial status, or national origin to
the extent such covenants, conditions or restriction violate 42 USC 3604 (c).
13. Grant of Easement and Road Maintenance Agreement upon the terms, conditions and provisions
contained therein:
Parties: L. Powell Clinton, Gertrud E. Clinton wata Gertrude E. Clinton, Allen W. Riebe, and
Virginia L. Riebe
Recorded: June 17, 2003, Instrument No. 2003-168--15310
14. Easement for Drainage Agreement upon the terms, conditions and provisions contained therein:
Parties: Kalispell Bowser Creek Associates, LLC, Aspen Creek Estates Homeowners Association,
Inc., and Diamond Ridge Estates, LLC
Recorded: October 15, 2007, as Instrument No. 2007-00031565
15. All matters, covenants, conditions, restrictions, easements and any rights, interest or claims
which may exist by reason thereof, disclosed on the proposed plat of Diamond
Ridge Estates, subdivision, but deleting any covenant, condition or restriction indicating a
preference, limitation or discrimination based on race, color, religion, sex, handicap, familial
status, or national origin to the extent such covenants, conditions or restrictions violate 42 USC
3604(c) .
Date of Guarantee: January 07, 2008 at 7:30 A.M.
Subdivision Guarantee Guarantee No.: 235564-CT
SCHEDULE OF EXCLUSIONS FROM COVERAGE OF THIS GUARANTEE
1. Except to the extent that specific assurance are provided in Schedule A of this Guarantee, the Company assumes no liability for loss or damage by reason of the following:
(a) defects, liens, encumbrances, adverse claims or other matters against the title, whether or not shown by the public records.
(b) (1) Taxes or assessments of any taxing authority that levies taxes or assessments on real property; or, (2) Proceedings by a public agency which may result in taxes
or assessments, or notices of such proceedings, whether or not the matters excluded under (1) or (2) are shown by the records of the taxing authority or by the public
records.
(c) (1) Unpatented mining claims; (2) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (3) water rights, claims or title to water, whether
or not the matters excluded under (1), (2) or (3) are shown by the public records.
2. Notwithstanding any specific assurances which are provided in Schedule A of this Guarantee, the Company assumes no liability for loss or damage by reason of the
following:
(a) Defects, liens, encumbrances, adverse claims or other matters affecting the title to any property beyond the lines of the land expressly described in the description set
forth in Schedule (A), (C) or in Part 2 of this Guarantee, or title to streets, roads, avenues, lanes, ways or waterways to which such land abuts, or the right to maintain therein
vaults, tunnels, ramps, or any structure or improvements; or any rights or easements therein, unless such property, rights or easements are expressly and specifically set forth
in said description.
(b) Defects, liens, encumbrances, adverse claims or other matters, whether or not shown by the public records; (1) which are created, suffered, assumed or agreed to by
one or more of the Assureds; (2) which result in no loss to the Assured; or (3) which do not result in the invalidity or potential invalidity of any judicial or non judicial
proceeding which is within the scope and purpose of the assurances provided.
(c) The identity of any party shown or referred to in Schedule A.
(d) The validity, legal effect or priority of any matter shown or referred to in this Guarantee.
GUARANTEE CONDITIONS AND STIPULATIONS
1. Definition of Terms.
The following terms when used in the Guarantee mean:
(a) the "Assured": the party or parties named as the Assured in this Guarantee, or
on a supplemental writing executed by the Company.
(b) "land": the land described or referred to in Schedule (A) (C) or in Part 2, and
improvements affixed thereto which by law constitute real property. The term "land"
does not include any property beyond the lines of the area described or referred to in
Schedule (A) (C) or in Part 2, nor any right, title, interest, estate or easement in
abutting streets, roads, avenues, alleys, lanes, ways or waterways.
(c) "mortgage": mortgage, deed of trust, trust deed, or other security instrument.
(d) "public records" : records established under state statutes at Date of
Guarantee for the purpose of imparting constructive notice of matters relating to real
property to purchasers for value and without knowledge.
(e) "date": the effective date.
2. Notice of Claim to be Given by Assured Claimant.
An Assured shall notify the Company promptly in writing in case knowledge shall
come to an Assured hereunder of any claim of title or interest which is adverse to the
title to the estate or interest, as stated herein, and which might cause loss or damage
for which the Company may be liable by virtue of this Guarantee. If prompt notice
shall not be given to the Company, then all liability of the Company shall terminate
with regard to the matter or matters for which prompt notice is required; provided,
however, that failure to notify the Company shall In no case prejudice the rights of
any Assured under this Guarantee unless the Company shall be prejudiced by the
failure and then only to the extent of the prejudice.
3. No Duty to Defend or Prosecute.
The Company shall have no duty to defend or prosecute any action or proceeding to
which the Assured is a party, notwithstanding the nature of any allegation in such
action or proceeding.
4. Company's Option to Defend or Prosecute Actions; Duty of Assured
Claimant to Cooperate.
Even though the Company has no duty to defend or prosecute as set forth in
Paragraph 3 above:
(a) The Company shall have the right, at its sole option and cost, to institute and
prosecute any action or proceeding, interpose a defense, as limited in (b), or to do
any other act which in its opinion may be necessary or desirable to establish the title
to the estate or interest as stated herein, or to establish the lien rights of the
Assured, or to prevent or reduce loss or damage to the Assured. The Company may
take any appropriate action under the terms of this Guarantee, whether or not it shall
be liable hereunder, and shall not thereby concede liability or waive any provision of
this Guarantee. If the Company shall exercise its rights under this paragraph, it shall
do so diligently.
(b) If the Company elects to exercise its options as stated in Paragraph 4(a) the
Company shall have the right to select counsel of its choice (subject to the right of
such Assured to object for reasonable cause) to represent the Assured and shall not
be liable for and will not pay the fees of any other counsel, nor will the Company pay
any fees, costs or expenses incurred by an Assured in the defense of those causes of
action which allege matters not covered by this Guarantee.
(c) Whenever the Company shall have brought an action or interposed a defense
as permitted by the provisions of this Guarantee, the Company may pursue any
litigation to final determination by a court of competent jurisdiction and expressly
reserves the right, in its sole discretion, to appeal from an adverse judgment or order.
(d) In all cases where this Guarantee permits the Company to prosecute or
provide for the defense of any action or proceeding, an Assured shall secure to the
Company the right to so prosecute or provide for the defense of any action or
proceeding, and all appeals therein, and permit the Company to use, at its option, the
name of such Assured for this purpose. Whenever requested by the Company, an
Assured, at the Company's expense, shall give the Company all reasonable aid in any
action or proceeding, securing evidence, obtaining witnesses, prosecuting or
defending the action or lawful act which in the opinion of the Company may be
necessary or desirable to establish the title to the estate or interest as stated herein,
or to establish the lien rights of the Assured. If the Company is prejudiced by the
failure of the Assured to furnish the required cooperation, the Company's obligations
to the Assured under the Guarantee shall terminate.
S. Proof of Loss or Damage.
In addition to and after the notices required under Section 2 of these Conditions and
Stipulations have been provided to the Company, a proof of loss or damage signed
and sworn to by the Assured shall be furnished to the Company within ninety (90)
days after the Assured shall ascertain the facts giving rise to the loss or damage. The
proof of loss or damage shall describe the matters covered by this Guarantee which
constitute the basis of loss or damage and shall state, to the extent possible, the
basis of calculating the amount of the loss or damage. If the Company is prejudiced
by the failure of the Assured to provide the required proof of loss or damage, the
Company's obligation to such Assured under the Guarantee shall terminate. In
addition, the Assured may reasonably be required to submit to examination under
oath by any authorized representative of the Company and shall produce for
examination, inspection and copying, at such reasonable times and places as may be
designated by any authorized representative of the Company, all records, books,
ledgers, checks, correspondence and memoranda, whether bearing a date before or
after Date of Guarantee, which reasonably pertain to the loss or damage. Further, if
requested by any authorized representative of the Company, the Assured shall grant
its permission, in writing, for any authorized representative of the Company to
examine, inspect and copy all records, books, ledgers, checks, correspondence and
memoranda in the custody or control of a third party, which reasonably pertain to the
Loss or Damage. All information designated as confidential by the Assured provided
to the Company, pursuant to this Section shall not be disclosed to others unless, in
the reasonable judgment of the Company, it is necessary in the administration of the
claim. Failure of the Assured to submit for examination under oath, produce other
reasonably requested information or grant permission to secure reasonably necessary
information from third parties as required In the above paragraph, unless prohibited
by law or governmental regulation, shall terminate any liability of the Company under
this Guarantee to the Assured for that claim.
Form No. 1282 (Rev. 12/15/95)
Subdivision Guarantee
Guarantee No.: 238564-CT
6. Options to Pay or Otherwise Settle Claims: Termination of Liability.
In case of a claim under this Guarantee, the Company shall have the following
additional options:
(a) To Pay or Tender Payment of the Amount of Liability or to Purchase the
Indebtedness.
The Company shall have the option to pay or settle or compromise for or in the name
of the Assured any claim which could result In loss to the Assured within the coverage
of this Guarantee, or to pay the full amount of this Guarantee or, if this Guarantee is
issued for the benefit of a holder of a mortgage or a lienholder, the Company shall
have the option to purchase the Indebtedness secured by said mortgage or said lien
for the amount owing thereon, together with any costs, reasonable attorneys' fees and
expenses incurred by the Assured claimant which were authorized by the Company up
to the time of purchase.
Such purchase, payment or tender of payment of the full amount of the Guarantee
shall terminate all liability of the Company hereunder. In the event after notice of
claim has been given to the Company by the Assured the Company offers to purchase
said indebtedness, the owner of such indebtedness shall transfer and assign said
indebtedness, together with any collateral security, to the Company upon payment of
the purchase price.
Upon the exercise by the Company of the option provided for in Paragraph (a) the
Company's obligation to the Assured under this Guarantee for the claimed loss or
damage, other than to make the payment required In that paragraph, shall terminate,
including any obligation to continue the defense or prosecution of any litigation for
which the Company has exercised Its options under Paragraph 4, and the Guarantee
shall be surrendered to the Company for cancellation.
(b) To Pay or Otherwise Settle With Parties Other Than the Assured or With the
Assured Claimant.
To pay or otherwise settle with other parties for or in the name of an Assured claimant
any claim Assured against under this Guarantee, together with any costs, attorneys'
fees and expenses incurred by the Assured claimant which were authorized by the
Company up to the time of payment and which the Company is obligated to pay.
Upon the exercise by the Company of the option provided for in Paragraph (b) the
Company's obligation to the Assured under this Guarantee for the claimed loss or
damage, other than to make the payment required in that paragraph, shall terminate,
including any obligation to continue the defense or prosecution of any litigation for
which the Company has exercised its options under Paragraph 4.
7. Determination and Extent of Liability.
This Guarantee is a contract of Indemnity against actual monetary loss or damage
sustained or incurred by the Assured claimant who has suffered loss or damage by
reason of reliance upon the assurances set forth in this Guarantee and only to the
extent herein described, and subject to the Exclusions From Coverage of This
Guarantee.
The Liability of the Company under this Guarantee to the Assured shall not exceed the
least of:
(a) the amount of liability stated in Schedule A or in Part 2;
(b) the amount of the unpaid principal indebtedness secured by the mortgage of an
Assured mortgagee, as limited or provided under Section 6 of these Conditions and
Stipulations or as reduced under Section 9 of these Conditions and Stipulations, at the
time the loss or damage Assured against by this Guarantee occurs, together with
interest thereon; or
(c) the difference between the value of the estate or interest covered hereby as
stated herein and the value of the estate or interest subject to any defect, lien or
encumbrance Assured against by this Guarantee.
8. Limitation of Liability.
(a) If the Company establishes the tide, or removes the alleged defect, lien or
encumbrance, or cures any other matter Assured against by this Guarantee in a
reasonably diligent manner by any method, including litigation and the completion of
any appeals therefrom, it shali have fully performed its obligations with respect to that
matter and shall not be liable for any loss or damage caused thereby.
(b) In the event of any litigation by the Company or with the Company's consent,
the Company shall have no liability for loss or damage until there has been a final
determination by a court of competent jurisdiction, and disposition of all appeals
therefrom, adverse to the title, as stated herein.
(c) The Company shall not be liable for loss or damage to any Assured for liability
voluntarily assumed by the Assured in settling any claim or suit without the
prior written consent of the Company.
9. Reduction of Liability or Termination of Liability.
All payments under this Guarantee, except payments made for costs, attomeys' fees
and expenses pursuant to Paragraph 4 shall reduce the amount of liability pro tanto.
10. Payment of Loss.
(a) No payment shall be made without producing this Guarantee for endorsement
of the payment unless the Guarantee has been lost or destroyed, in which case proof
of loss or destruction shall be furnished to the satisfaction of the Company.
(b) When liability and the extent of loss or damage has been definitely fixed in
accordance with these Conditions and Stipulations, the loss or damage shall be
payable within thirty (30) days thereafter.
11. Subrogation Upon Payment or Settlement.
Whenever the Company shall have settled and paid a claim under this Guarantee, all
right of subrogation shall vest in the Company unaffected by any act of the Assured
claimant.
The Company shall be subrogated to and be entitled to all rights and remedies which
the Assured would have had against any person or property in respect to the claim had
this Guarantee not been issued. If requested by the Company, the Assured shall
transfer to the Company all rights and remedies against any person or property
necessary in order to perfect this right of subrogation. The Assured shall permit the
Company to sue, compromise or settle in the name of the Assured and to use the
name of the Assured in any transaction or litigation involving these rights or remedies.
If a payment on account of a claim does not fully cover the loss of the Assured the
Company shall be subrogated to all rights and remedies of the Assured after the
Assured shall have recovered its principal, interest, and costs of collection.
12. Arbitration.
Unless prohibited by applicable law, either the Company or the Assured may demand
arbitration pursuant to the Title Insurance Arbitration Rules of the American Arbitration
Association. Arbitrable matters may include, but are not limited to, any controversy or
claim between the Company and the Assured arising out of or relating to this
Guarantee, any service of the Company in connection with its issuance or the breach
of a Guarantee provision or other obligation. All arbitrable matters when the Amount
of Liability is $1,000,000 or less shall be arbitrated at the option of either the Company
or the Assured. All arbitrable matters when the amount of liability is In excess of
$1,000,000 shall be arbitrated only when agreed to by both the Company and the
Assured. The Rules in effect at Date of Guarantee shall be binding upon the parties.
The award may include attorneys' fees only if the laws of the state in which the land is
located permits a court to award attorneys' fees to a prevailing party. Judgment upon
the award rendered by the Arbitrator(s) may be entered in any court having
Jurisdiction thereof.
The law of the situs of the land shall apply to an arbitration under the Title Insurance
Arbitration Rules.
A copy of the Rules may be obtained from the Company upon request.
13. Liability Limited to This Guarantee; Guarantee Entire Contract.
(a) This Guarantee together with all endorsements, if any, attached hereto by the
Company is the entire Guarantee and contract between the Assured and the
Company. In interpreting any provision of this Guarantee, this Guarantee shall be
construed as a whole.
(b) Any claim of loss or damage, whether or not based on negligence, or any action
asserting such claim, shall be restricted to this Guarantee.
(c) No amendment of or endorsement to this Guarantee can be made except by a
writing endorsed hereon or attached hereto signed by either the President, a Vice
President, the Secretary, an Assistant Secretary, or validating officer or authorized
signatory of the Company.
14. Notices, Where Sent.
All notices required to be given the Company and any statement in writing required to
be furnished the Company shall include the number of this Guarantee and shall be
addressed to the Company at 1 First American Way, Santa Ana, CA. 92707.
Form No. 1282 (Rev. 12115/95)
Subdivision Guarantee
Guarantee No.: 238564-CT
F irstAmerican Title Company
704 South Main/P.O. Box 1310, Kalispell, MT 59901
Phone(406)752-5388 - Fax(406)752-9617
PRIVACY POLICY
We Are Commuted to safeguarding Customer Information
In order to better serve your needs now and in the future, we may ask you to provide us with certain information. We understand
that you may be concerned about what we will do with such information -- particularly any personal or financial information. We
agree that you have a right to know how we will utilize the personal information you provide to us. Therefore, together with our
parent company, The First American Corporation, we have adopted this Privacy Policy to govern the use and handling of your
personal information.
Applicability
This Privacy Policy governs our use of the information which you provide to us. It does not govern the manner in which we may
use information we have obtained from an other source such as information obtained from a public r r
Y p record o from another person
or entity. First American has also adopted broader guidelines that govern our use of personal information regardless of its source.
First American calls these guidelines its Fair Information Values, a copy of which can be found on our website at www.firstam.com.
Types of Information
Depending upon which of our services you are utilizing, the types of nonpublic personal information that we may collect include:
Information we receive from you on applications, forms and in other communications to us, whether in writing, in person,
by telephone or any other means;
■ Information about your transactions with us, our affiliated companies, or others; and
Information we receive from a consumer reporting agency.
Use of Information
We request information from you for our own legitimate business purposes and not for the benefit of any nonaffiliated party.
Therefore, we will not release your information to nonaffiliated parties except: (1) as necessary for us to provide the product or
service you have requested of us; or (2) as permitted by law. We may, however, store such information indefinitely, including the
period after which an customer relationship has ceased. Such information may be used for an internal purpose,
Y P Y Y p p se, such as quality
control efforts or customer analysis. We may also provide all of the types of nonpublic personal information listed above to one or
more of our affiliated companies. Such affiliated companies include financial service providers, such as title insurers, property and
casualty insurers, and trust and investment advisory companies, or companies involved in real estate services, such as appraisal
companies, home warranty companies, and escrow companies. Furthermore, we may also provide all the information we collect as
described above, to companies that perform marketing services on our behalf, on behalf f our affiliated companies, or to other
financial institutions with whom we or ur affiliated companies have joint marketing agreements.
P r
P J 9 9
Former Customers
Even if you are no longer our customer, our Privacy Policy will continue to apply to you.
Confidentiality and security
We will use our best efforts to ensure that no unauthorized parties have access to any of your information. We restrict access to
nonpublic personal information about you to those individuals and entities who need to know that information to provide products or
services to you. We will use our best efforts to train and oversee our employees and agents to ensure that your information will be
handled responsibly and in accordance with this PrivacyPolicy and First American's Fair Information Values, Vile currentlymaintain
physical, electronic and procedural safeguards that 1 w th federal regulations to guard our nonpublic personal information.
► P 9 PY 9 9 Y P p
2001 The First American Corporation 9 All Rights Reserved
FIRST AMERICAN TITLE COMPANY
=0
ACKNOWLEDGEMENT/CORPORATE
STATE OF Montana )
ss.
COUNTY OF Flathead )
On
Public, personally
of the Corporation.
,before me, a Notary
ppeared r -,
known to me to be the Authorized Signatory
Sig -nature of Notarial Officer
Notary Public for the State of Montana
Residing at: ����-����'
Commission xpire's.
.16"0
O
SEA-
HERIE A. EDWARDE
NOTARY PUBLI r
State of Monla a
Residing it
Kalispell, Nlon'2na
my Comm issi res
October ,
CONSENT TO PLATTING
Pursuant to Section 76-3-6 12, MCA, the undersigned, west One Bank, as beneficiary of
a Deed of Trust, dated June 4, 2007, to secure payment in the original indebtedness of
$500,000.00, recorded June 5, 2007 as Document #2007-156-16200, hereby consents to
the Platting of a tract of land to be known and named as Diamond Ridge Estates.
IN WITNESS WHERE OF, said party has caused their name to be subscribed hereto on
the day of ��-c,.. , 20 � �' Z7
,'Signature:
Printed Name and T tle;
STATE OF,���
-7SS
COUNTY OFf�
On this day of =ehl)jh.,20 , before me a Notary Public for the State
of , personally appeared whose name is subscribed to the foregoing
instrument and acknowledged to me that they executed the same.
12/10/2007 SON 110907 FAX t2538402232 NATIONAL wATERwORAS,INC, Z002/005
ULEASIB
From: HA Supply Waterworks Ltd. Project hl' 4.Mairs-o!`�f�
(== of �
602 Valley Ave NEirh J'-J..P LO rs At 16.41 ,J )A 7r
(adacoss orr►nilet) .
Puyallup, WA 98372-25 18 j W.rYj 7 �-- -- � � � -.-
cciry Ana swce orpo;ed,
1"Y
g C&I 45
OiND1TI4NARBLEISE � �r�� U�TCONDiiIONAL RET.EASE
The xadenAgned does hereby release all
xnechauic''s lies, stop notice, equitable lien, and
labor and material bond rights against the
above-descnbed project for all materials,
supplies, labor, sacvi ces, etc., pu r6basod,
.aoquir4 or fiunished by or for us and used on
above primes up to and including (date.)
. This release
does not apply to any rights an' g after the date
listed in tho previous sentence.
This release,. is partial and wnditiorW,
and shall be effective only upon complete
payment to the undersigned in the sum of
$ . paymt t is by check,
this rcl=e is conditional and effective only
when the check is paid by the bank capon which
it is drawn without m=Tafion of any r hts
against HD Supply Waterworks Ltd.
FMM DAME: HD S 1 wa# l:►td.
Firm �g ma�.7ria�sj
BY:
DATE
The undersigned has been *din Full for all
subcontmotor work, and ar, 1. t— — _ —
eriah, supplied to the above desenlbed project
ana wleases all to mhanic's lien, stop notice
equitable lien, and Labor and material bond
rights on the project for all materials, supplies,
labor, semces, etc., pnr b sed, acquired, or
Wished by or for us and used on above
premises, to and it�cxudag (date)
" 07 s
113is release is for the benefit of, and
may be died upon by the.owner, the pri=
conbutor, the construction Bader, and the
�ipal and surety on any labor and marl
bond posted for the prof wL
If paymmt is by chwk1 this release is
conditional and effotive only when then check
is paid by the bank upon which it is draw
without memtion of any ri& s against ID
Supply waterworks Ltd.
FIRM NAMMLIMIWply waterworks Ltd,
(Sign 'of Owncr "Authori=d AgM)
BY:
DATE.'0
12/10/2007 SON 114408 FAX 12538402232 NATIONAL wATERwORKS,INC,
File No:1267 [MTJ[PRIVATE][j ��� `�9''Q • � Customer. SIDERWS CONSTRUCTION
We Requested by and Relum To: cl z Zn v Project: DIAMOND RIDGE ESTATES
HD LY WATERWORKS, LTD. Rec. ID: 22S0J9VDG
602 VAI.L NE
Pu a1�u, WA 98372- No: 07-042556-AMEND] L
' % C_x
NOTICE OF THE RIGHT TO CLAIM A LIEN . &f % (t'� I le-0
WARNING: READ THIS NOTICE. PROTECT YOURSELF FROM PAYIN '"'3
ANY CONTRACTOR OR SUPPLIER TWICE FOR THE SAME SERVICE.
TO: OWNER OR REPUTED OWNER rI. The following is a general description of the labor, service,
ALLEN W & VIRGINIA L RIEBE equipment or Materials furnished or to be furnished by the
394 THREE MILE Dk undersigned:
Kalispell, MT 5 01-3040 WATERWORKS &WOR SEWERAGE SUPPLIES
TO: GENERAL CONTRACTOR OR PRIDE CONTRACTOR
LENDER, SURETY OR BONDING COMPANY
of mailing: 0513112007
2. Estimated Prue: $70,000.00
3. The name of the person who contacted for the purchase of that
labor, service, equipment or materials is:
SIDERIUS CONSTRVCTION
737 EGAN RD.
Kalispell, MT 59901
4. The dewiptlan of the l"obsite is:
DIAMOND RIDGE ESTATES
3 MILE DR. & SHELLAN WAY
Kalispell, MT , County -of Flathead
is is to inform you that HD SUPPLY WATERWORKS, LTD. has begun to Provide WATERWORKS WOR SEWERAGE SUPPLIES
Y �9
rdered b SIDERIUS CONSTRUCTION for improvements to r you own. The rois located at DIAMOND FRIDGE ESTATES,
t`�. Y P P Y P
x MILE DR. & SHELLAN WAY, Kalispell, MIT . A Tien may be claimed for all services and materials furnished to you if this notice is given
you within 20 days after the date on which the seruims or materials described are first furnished � u, If the notice is not iven within
Y Ys Yo g
at Limo: a lien is enforceable for only the sew or materials furnished within the 20-day period before the date on which the notice is
*given. Mo ver, K a regulated lender has provided the funds far the serum or matefials descdbed in this no§oe, the notice may be given
45 days after the date the services or materials are first furnished to you. If the nonce is not given within that time, a lien is enforceable for
only the services or materials furnished within the 45-day period before the date the notloe is given..
Even if you or your mortgage tender have nude fu (I payment to the contractor who ordered these services or matenats, your properly
may still be subject to a Lien unless the subcontrator or material supplier providing this notice is paid. THIS IS NOT A LIEN. It is a notice
seat to you for your prone n in oomptiance with the oonshdon lien laws of the state of Montana.
This notice has been seat to you by:
..._.___.. ....HD.SUPPLY-WATERWORKS; LTD. .,
602 VALLEY AVE_ NE
Puyallup, WA 98372-2618
TELEPHONE: Rhone: (800) 884-5545
IF YOU HAVE ANY QUESTIONS ABOUT THIS NOTICE, PLEASE CALL. US
IMPORTANT INFORMATION FOR YOUR PROTECTION
Under Montana's flaws, those who work on your property or provide materials and are not paid have a right to enforce their claim for
payment against your property_ This Bairn is known as a construdon lien. If your contrador fails to pay subcontractors or material
suppliers or neglects to make other legally required payments, the people who are owed money may look to your property for payment,
even if you have paid your contractor in full. The law states that all people hired by a contractor to provide you with services or materials
are rewired to give you a notice of the right to Bairn a lien to let you know what they have provided.
12/10/2007 YON 11:08 FAX 12538402232 NATIONAL WATERWORWINC, Z004/005
?,0,,,15-62 4506'9
WAYS TO PROTECT YOURSELF ARE:
RECOGNIZE that this notice of delivery of sees or materials may result in a lien against your property unless all those supplying a
notice of the right to lien have been paid.
- LEARN more about the construction lien laws and the meanie of this notice by contacting an attomey or the firm sending this notice.
- WHEN PAYING your conbwbr for services or materials, you may make checks payable join0y to the contractor and the firm
furnishing services or matedals for which you have received a notice of the right to claim a lien.
- OBTAIN EVIDENCE that all firms from whom you have received a notice of the right to daim a lien have been paid or have waived the
right to claim a lien against your property,
w CONSULT an attorney, a professional escrow company, or your mortgage lender.
VERIFICATION
I declare that I am authorized to file the Notice of The Might To Claim A Lien on behalf of the claimant. I have read the foregoing
document and know the contents and know the contents thereof; the same is true of my own knowledge. l declare under penalty of
pegury under Maws of Montana that the foregoing is true and erect. ExeKmted at I►AARYSVILLE on 05/3112007 for ND SUPPLY
By. �' Phone. Phone, (boo) 884-5505 Fax: Fax. (253) 840-2232
a SA0 S, t NT
y,.
PROOF of SERVICE BY MAIL AFFIDAVIT
ly J SARKIS declare that I nerved copies of the above Notice Of The Right To Claim A Lien by First Class Certified Return Receipt
Reques �, or�Costered Mail servioe, postage prepaid, addressed to each of the parties at the addresses shown above on 0513112007. l
declarerand at of eau ryun de r the laws of the State of Fontana that the foregoing is true and correct
SARK15, AGENT
r
1210/2007 SON tt:08 FAX t2538402232 NATIONAL, wATERwORKS,INC,
Z005/005
20071 E2 d0
Exhibit A -Property Description
Owned ALLEN W & VIRGINIA L RIEBE
Project: DIAMOND RIDGE ESTATES
The following is a complete legal descr3Ption, to the best of our knowledge, of the property to be llencd. Information for
this exhibit was obtained through the Recorders ice where the property Is located, or from other sources.
TRACT 3AD, CERTIFICATE OF SURVEY 016340-4, TRACT 3ACA,
CERTIFICATE OF SURVEY # 16340-3 & TRACT 3AS, CERTIFICATE OF
SURVEY # 16341-2} ALL IN THE NORTHWEST QUARTER OF THE
NORTHWEST QUARTER OF SECTION 112, TOWNSHIP 28 NORTH, RANGE 22
WEST, RECORDS OF FLATHEAD COUNTY, STATE of M ONTANAr
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ALLEN & VIRGINIA RIEBE, WILLIAM & CINDY RIEBE AND
POLTY WEBSTER
REQUEST FOR ANNEXATION & INITIAL
SINGLE FAMILY RESIDENTIAL) FROM
SUBURBAN RESIDENTIAL) DISTRICT -
CONCURRENTLY WITH A PRELIMINARY
ZONING
COUNTY
FILED
OF R-2
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amain r1@•4 ft. wast ter► at mid Mina/*as1/4 0" 4a•14-•z
s1ay4��aq.7e rent to tan mntreaorly lit K Yarns Mile ariwt "an"0' » to tpG' 1@•�l+r aeidsa/. i u�riri."I." ra«at rto a e�'�`,�"4?ae,�PUT
_ _ skmw 1INR Il4.N [mt m rdOM !cab JdAj serr0a /.'4s•17a
14a." tout to a rand !rm pdA a sdn ant 1 m err voran Rhin
hrivor ihmme slag wt.al !/a we'4s•u•S s 0.0, root to tan
lr
Y ametmor ar a Y rest grlvate ~ � Utilitye.a....t qww as
sl'mmm�+e fill arlwr tk.rtama laedag said !/! so4't!•4t"1m 1s4s.tt
[het t0 a rsaai m rim to the sib ?*admry of said aml/4Mai/4t
RtW..rO. •lmw4 meets .rack Mm u, aaf 1e131'm 45a.0 cast m tM
P,�.�{ ••a �••r•, ,•� 1s 1.r .asiYc� sob aat - -4C= er.yqrsn Y ISIS ADM mazaamnew Imm[S err ldW soil xaxhflm AS: 10Wna Asa
V aSA101100 liar lmtt�
bo ermays woma m iA1 h 1l19S Mel s ant"m wLT ss iron! aee@aa
rr.'n 4r► bin. dndimeM to the City mr arllspell rarsaar.
2 1
11 12 THREE MILE DRIVE
u..+anwrarsuam, d zbw asllc Onto maser maw" u gam, erne or
AW*S8'44� �7RQ! aiop 71r"A � r�aatrlo°r'�,°r 9 f, ai.Y�le
A691 B•44"L QQ_Gt3' "A.tala....t$ err ewer the a to ter. rwlio, the riot to the
i�ftOD' ¢ter � !•ant ... or m ......e* for the aaasiz7otlm..rintanmecm, rapalr,
"^' ( aamc uua hike tmrw Mod
a �40 � a: lane. b aa�nls plot an e`�o I iewer, amoder
re
,nav AISy to Mob man to loin rmra.ar.
mt Sam A t
'I.VR
23
3
XOS 43I1
y 22
WAY
+s^M' awtrtr
�EBff
XOT
so.
1
slits
Kates)
a.521
!
2
0.56S
3
4
s
6
a.412
0.691
o.s4e
0.294
7
�
9
10
11
0.776
0.353
0.495
to.471
0.592
12
1s
14
15
16
a.631
a,a46
a.118
0.42s
0.443
19
26
21
22
22
0.427
0.805
0.110
.44040
0.346
0.165
TOTAL
Roads
5.345
1.762
KA14A
TOTAL
12.147 AC.
f
ova
tAal:;
s0. PILTA
1 (T) sa,wel•
a (r) 42.1a•4o�
WMIw lanais
I" o0' ' "A ad,
120.00• 44.sr
p r t
4 (!) 611:4ew
4 (t1 41'q•4!•
4 (T) 4".0"
a (T) 4: as OD-
41'44'
in.00' ta1.74'
110.00• 164.N'
170.a0• 14II.a1•
a10. do' as7.Oa'
1K.00• a14.a!'
7 (7) IL*:
• (!) Ili '41 44"
m a•l4.1z•
10 34'02.4"
11 as 12.
":Go,1e1,44'
11m.4a' 14.zv
11a.*s• 40.az•
1".00' is.s4•
t
1
s !BIG SKY HOAC-grES, ADDflM s/1
kW
�p � � ere oral► )
pCana err .,AT110210
A ttis --Amy K hstotm me, a votary Irblia
far the .fete at Montanan, 1orfems"T spon.rass
m aam to be the palsmrm(a) .ran@ *ors(.) mra m.bmao-ibM 4 tM
roc pi.a larttNwrt sad ockes lep.e to m that tart amounted the
d ant two flat. at S+aat.a.
!t mat
w tin aamirm
4mnt� Qmamm )
as
aaastlr err mfAlal4o , .
an t9" ere• ee 10_---.. 6dosa ere, a fogy matte
mac the !rate a r.rne. lss�allt app.emade ,...,
wmm to mm to be tha prc.m(s) seaman >rma 0) a" e.al7mar to Sod
for piav dastromant and aokoarlrytl to ere that they "most" the
seas.
many vold� Ne the Smteata mr sa4imme
r:
An= err mwnmIN
) .
a m m A !NI!!pa )
for err st+tt.at*em, ger.mally eppmar�d2 an, s tmetaCy Public
Samoan ze ass to ere 04 patssn(s) area@ some(*) ova M tan
faemgalq lartx.m@st sod.ackm.mledrd is sm the* trey wasasted the
acme.
v.kr tie tk* an ! h ante saters
lss at
IS.T@r Nr an City at 17elistsil.
maeianbb�bq *ratb. rtat ban w
@abritaad terr amad mean fa mad of tbab to caata.s tin the
lam, aka eras SWWP@a by tar city Canned our the City at sa.p imall
at its rbgal4r boating Wn ra tarry._ day err -
sr4_.
m1M�d M ter. IWlamtim of pkeklr.i dtlrtm t6r glattal atwa a[
s000 me anam is dad�re4 !� tan earaoea set ra<tJi fa
a. ai b. at tals meeting, it is b-ww ardaxed by - 14l2901,
City tarrrzil teat lad "awtim for Pam Pm'DK+t4r N helve" had
that hash in !ism of fort lmd, is tar most Of
aollorn ( ,, be aoo.gt.d In eaaaedenen nick tho
*tv.laleae w1-4aa, i.C.br
!M r0a00113111 ran iar*m Y *ASWAN pi mind KSM OWN! ata
aa*maby maaq*od f the City at mdt__ impo".
wane of ant, tt, Sa..tastm tS1Yy Plant of mml 1, Sbntem
ills plat am k*me msia.d by tar @rttme err Ohm City ++twanal me
smlimpmll, Sontima, aoomarding to arattm 74-3-dl2 (a) s.cr.,
relying tow title Snatt Ito.
W+s@ beamd ere IXOQ=tia sd=it�rd b1 tag dm1a1@per arn/0i
0rrtae err luum.rll CitT Atbrraq
Clay err kalimpall, Merton
erne. by
®rnow o taalanmsla. cm C0a t
A. mraverty evow(s) arm royosaime-for the boale.srd strip
for tow: i*etgtb err hair pprrvopp��tt�y bolmrdarir.
l.slcmtMlitle* lmfalaa. srtalag =aamlbg err tar gtas*
Mai tbin the ba ulavardm. ameewl of gram ar tram math
tW ma[o7ard as gaeribited "Aiwa aparwrad by ter■
Sallspma]1 0rprrt4mt w lsrk* arm learestive,
h. Ali at111tlss "all ba plmow .
ggbmae In tA* sr.. to City stMda:da Which err% inpaatna
by skis erdigAlm.
CZRT CM or st>tivsto.l
1iJ01Q13 E. �� TBTS-8
Jlimffl0'viDt _�
53
COW" OF FIAMUW)
Mled for =shard this _ dam of
20_, at ---o'clock
lriathald Canty Clark i Noorder
awl
�sutaklat �e/0aa:ri tree