6. Final Plat - Aspen Creek Phase 1City of Kalispell
Planning Department
17 - 2dStred East, Sine -, Kalispell, Montana 9901
Telephone* (406) 75 - 5
.fax: 6) 5 - l 5
SPORT TO: Kalispell Mayor and City Council
]FROM* Sean Conrad, Senior Planner
James H. Patrick, City Manager
SUBJECT Final flat for Aspen Creek Phase 1
MEETING DATE: August 7, 2006
BACKGROUND: This is a request for final plat approval of Aspen Creek
Subdivision Phase 1, consisting of 32 single family residential lots and 18
townhouse lots and two commercial lots on approximately 19 acres. The
property is generally located on the south side of Three Mlle Drive
approximately 700 feet merest of the intersection of Stillwater Road. and Three
Mlle Drive. e. The property proposed for development can be deser*bed as a.
portion of Tract 2, Certificate of Survey 15888 located in Section 11, Township
28 North.,, Range 22 West, .M.M., Flathead County, Montana. The property
was annexed 'Into the city of Kalispell on May 2, 2005 and given an initial
zoning designation of RA-1 Low Density Residential Apartment t with a Planned
Unit Development Overlay.
The Aspen Creek Subdivision formerly known as Bowser Creek Estates) was
given preliminary plat approval by the Kalispell City Council on July 6, 2004,
subject to 29 conditions.
As a. requirement of the preliminary plat, at least two-thirds of the required
improvements have been installed per fetter from William Boger, . E.. A
Subdivision Improvements Agreement (SIA) In the amount of $547,504.16 has
been submitted to secure completion of the remaining improvements which
consists primarily of` street work, curbing, mall box receptacle, Side�al� and
landscaping. The performance boards submitted with the final plat application
address the 125 of the estimated cost of remaining improvements. The Sri.
motes the water and sewer mains and the hydrants have been completely
installed. A letter from the Assistant City Engineer dated July 27thstates that
the Public Works Department has approved the completed improvements er is listed
in the SIA. The estimated completion date for the remaining items listed in the
SI is No e Abel 1.5, 2006 or sooner,
RECOMMENDATION: motion to approve the n 1 plat for Aspen Creek
Phase 1 and accept the Subdivision Improvement Agreement would be in order.
FISCAL EFFECTS: S: os tiv mp t once developed.
ALTERNATIVES: As suggested by the city council.
Respectfully submitted,
Scan Conrad
Senior Planner
Report compiled-. d: July 28, 2006
.............. <.
'Ames H . Patrick
City Manager
Attachments*. Letter of transmittal
Final plat application and supporting documents
Return to:
Theresa White
Kalispell City Clerk
P.O. Box 199
Kalispell., MT 59903
APPENDIX
SUBDIVISION IMPROVEMENT AGREEMENT
THIS AGREEMENT, made and entered into this 'j day of ------ gpnk by and
between the CITY COUNCIL, CITY OF KA ISPELL, Party of the First Part and hereinafter referred to
as the CITY, and Kahs e11 Dowser Creek Associates. LL(Name of
Developer) a Co . oration (Individual, Company or Corporation) located at 121
Spear street, quite San Francisco 1 (Street ddress a (City, County.,
Zip), Party of the Second fart and hereinafter referred to as DEVELOPED..
WITH SS T :
THAT WHEREAS, the Developer is the owner and developer of a new subdivision known a —Aspen
C' (Name of S div.isjon located o a Portion of Tract � '. .S. 1section 1.1
Township2North Ran e 22 West (Location of Subdivision) and,
WHEREAS, the City has conditioned it's approval of the final plat of -Asen Creek. (Name of
Subdivision), 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 "; and
WHEREAS, the City's Subdivision Regulations require that a subdivider shall provide a financial
security of I2 of the estimated total. east of construction of said improvements as evidenced by an
estimate prepared by a licensed public engineer included herewith as "Exhibit "; and
WHEREAS, the estimated total cost of construction of said .improvements .is the sum of $ .I
NOW, THEREFORE, in consideration of the approval of the final plat of said Subdivision by the City,
the Developer hereby agrees as follows:
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AGREEMENT.doc
1. The Developer shall deposit as collateral with the City a Letter of Credit, or other acceptable
collateral as determined by the City of Kalispell, in the amount of � t 1 . Said Letter
f Credit or other collateral shall have an expiration date of at least sixty days following
the date set for completion of the improvements, certifying the following:
a That the creditor guarantees funds in the sung of 72}_1 the estimated cost
f completing the required improvements in As -pen Creek Phase I .
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 letter;
2. That said required improvements shall be fully completed by November 15, 2 .
3. That -upon completion f the required improvements, the Developer shall case to be filed
with the City a statement certifying that:
a All required improvements are complete;
That the improvements are in compliance with the minimum standards specified by
the C.Ity 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,
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 he filed with the City copies of final plans, profiles, grades and
specifications f said improvements, with the certification of the registered professional
engineer responsible for their preparation that all requi
cred improvements have been installed
in substantial conformance wIth said specifications.
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T 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 employee 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 WITNESS WHEREOF, the Parties have hereunto set their hands and sea..s the day and year herein
e N (5tC AITA04CD SIQMA-ruO-e� 1PA6e5)
�rritten.
Kalispell Nwser Creek Associates, LLC
(Title)
STATE of
COUNTY of
On this day of
Montana, personally appeared,
of
I ,, before nee, a Notary Public for the State of
known to me to be the _
whose name is subscribed to
the foregoing instrument, and acknowledg%to me t.at he/she executed tie same.
In Fitness Whereof, I have .ereunto set and and affixed my Notarial Sea] this day and year first
above written.
Notary Public for the State of
Residing at:
My Commission Expires:
MAYOR, CITY of KALISPELL
MAYOR
ATTEST:
COY CLERK
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AGREEMENT.doc
SIGNATURE AGE TO SUBDIVISION IMPROVEMIENT AGREEMENT
ASPEN CREEK - PHASE I
Kalispell Bowser Creek Associates, LLC,
Montana finu'ted liability company
y: V 'I, Inc., a California corporation,
its Manager
Y* • Date:
Nam g
Its: A'Jr0Z11&ae-:uadL+\--1j
STATE OF CALIFORNIA
COUNTY SAN FRANCISCO
2 z 10 f before me, e)a 66"ne2- a Notary Public in and for said
Counter and State, personally appeared eAloe-^ L personally known to
e r proved to me on the basis of satisfactory evidence) to be th6 per ens whose names is/are
subscribed to the within instrument and acknowledged to one that he/she/they executed the sane in
his herltheir authorized cap ity ies , and that by his er/their si g n atu re s on the instrument the persons) or
the entity upon behalf of which the persons acted, executed the instrument.
WITNESS ray hand and official seal.
DONA GOMEZ
'Commission # 1468942
Notary Public - California
San Francisco County
My Comm. Expires Feb 8. 2008
` r ture oK #rry seal or stamp)
EXHIBIT IT A
Conditions approval as fixed to the preliminary plat by the City Council,
Kalispell, Montana.
EXHIBIT
This agreement eemen specifically includes the following improvements, their projected constructioncompletion
date and estimated construction costa.
CHECK
CONSTRUCTION
ESTIMATED
PERCENTAGE
APPROPRIATE
COMPLETION
CONSTRUCTION
COMPLETE
IMPROVEMENTS
DATE
COSTS
Street x `aC 1 � a I
��
.�
5%
Street Base X
Aug-
5 4 1) 33 0 8.
%
Sidewalks X
et- 6
$757887.50
0%
Curbs and Gutters X
Oct-06
$ 8 0, 7
50%
Sanitary Seers
Mains
Other (Lift Station
On -Site Sewage Facilities
Water Systems
Mains
Other
-Site Water Supply
"water Storage Tanks
Fire Hydrants
Storm. Seer or
Drainage Facilities
Street Signs
Street Lighting
Street Monuments
Survey Monument en Boxes
Landscaping/Boulevard trees
Other Tralsia.
t
X Complete $268,850.00 100%
X Oct-06 $2431,235. 5%
NA
X Complete $252,550.00 1 %
NA
NA
NA.
X Complete $26r.')"69.00 100%
X
Nov-
$86j550.00
5 %
X
Nov-
!31 .
%
X
-Nov
PAID TO FEC
NIA
NA
X
Nov-06
$54,41 .
%
X
Apr-0
31, 3 4.1
%
SUBTOTAL
FEES
TOTALS COSTS
TOTAL, COLLATERAL (TOTALS COSTS X 1 %
43,00
3.33
$0.00
$438,00311.33
54154. 1
.; 5-074\ 0- - 3 x Final P1 at\NNord\SUB DIVISION IMPROVEMENT AGREEMENT.doc
EXHIBIT C
CERTIFICATE of ENGINEER
1, William D. Boger, a Licensed Professional Engineer in the State of Montana, acting on behalf of
Thomas,, Dean & Hoskins, Ine., do hereby certify:
Estimated costs i Exhibit . attached hereto are true and accurate,
Work completed bas been completed in accordance with the approved plans and specifications, standards
of the City of Kalispell and the Star of Montana.
na.
Done this Z- day
prtif entp of Notary
State of Fontana
County of E atbead
'William , Bogey 16 82P'E
On this a of o before me he . ersigned, a Note � 11 for the State
y � � �
of Montana, personally appeased known to me to be the person whose
name is subscribed to the forgoing instrument and acknowledged to .tee that h - execu ed th sa e.
NoaiyPuR c for th4 Mate oWTA
Residing at
My Commission Expires on Ptwb
NCffARY
SEAL- � a
S,
!_
z�
-
� ¢aa
INTE &NATIONAL FIDELITY INSURANCE COMPANY
SUBDIVISION IMPROVEMENTS
PERFORMANCE BOND
Bond No. 042 006
Initial Premium $8,213.00
Subject to Renewal
V MM17 A T T A 4TTNT F 'PXT-r ` ' ,elf XITe�
A11 -4 %..1 V Y 1 1� I-J .4. Y 11.,1-L Y -& 1 it -4, 4--1 LJ . - I J. N-- 1..3 t I 1 1_1 + 111" 11 V V %..+ �
Kalispell Bowser Creek Associates, LLC
as Principal, and INTERNATIONAL FIDELJTY INSURANCE COMPANY, a corporationduly
authorized under the laws of the State o . California to become surety o bonds and Undertakings, as
Surety, are held and firmly bound unto City of Kalispell, Montana as Obligee in the full and just sum
of Five Hundred Fort Seven Thousand Five Bundred Four and 6 oo Dollars, 50416 lawful
money of the United States of America, to be paid to the said Obligee, successors or assigns; for which
payment, ell and truly to be made, we bind ourselves, our heirs, executors, successors, administrators
and assigns, jointly and severally, firmly by these presents.
THE CONDITION of THE OBLIGATION IS SUCH THAT:
WHEREAS, the above named Principal, as a condition of the filing of the final subdivision map or
(Tract/Parcel)Map No. Assessors Tract 2 located i �c or ors for Banc �estt
+M+M+ Flathead fount ,....Montana af4OO Twee M'le r' entered into an agreement or
agreements with said Obfigee to complete the improvements specified in said agreements.
NOW, THEREFORE, the condition of this obligation is such., that if the above Principal shall well and
truly perform said agreement or agreements during the origina.l terra thereof or of any extension of said
term that may be granted by the Obligee with or without notice to the Surety, this obligation shall be
poi , otherwise it s, a l remain in full force and effect.
IN WITNESS WHEREOF, the seal and signature of said Principal a is hereto affixed and the corporate
seal and the name of the Surety is hereto affixed and attested by its duly authorized ttox ey- -Fact a
San C, i s 5th day of Mar, 20 06,
Kalispell *per Creek Associates, L C
a M o .tana limited liability company
YPI x * ...a , all cor gyration, its Mana er
By:
Robert Isacso., President Principal
INTERNIATIONA FIDELITY INSURANCE COMPANY
By
. A. ass Attorney -in -Fact
Stag of California
County of BAN FRANCISCO
On 05/05/06
ACKNOWLEDGMENT
before me, VENETIA G JQH#SON, NOTARY PUBLIC
(here insert name and title of the officer)
personally appeared R. A. BASS
personally known to me (or proved to me on the basis of satisfactory evidence) to be
the person(s) whose name(s) is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in his/her/their authorized
capacity(ies), and that by his/her/their signature(s) on the instrument the person(s),
or the entity upon behalf of which the person(s) acted, executed the instrument.
WITNESS my hand and official seal.
Signature
COMM' Ion # 7419935
rw NOtOrY Public -CORfIrnio
` San Frangco County
-Comm' ExOres 00
(Seal)
STATE OF CALIFORNIA
COUNTY OF SAN FRANCISCO
On May 8, 2006, before me, Dena Gomez, a Notary Public in and for said County and State, personally appeared
Robert Isackson, personally known to rye or proved to me on the basis of satisfactory evidence) to be the person(s)
whose name(s) is/are su seabed to the within instrument and acknowledged to me that hefsheAhey executed the
same in his/her/their authorized capacity ies , and that by his/her/their signature(s) on the instrument ent the persons or
the entity open behalf of which the person(s) acted, executed the instrument.
WITNESS my hand and offieiai seal.
0 f Notary (For natal sea) or stamp)
i _
EZ
OCommisiq�3�Q�y� M
N! fic - California
Ly'
Son Francisco County
'��y]'��+,xpgi p yp q� �q.1 'jni� j��} M r"' o J n.Expires W h 2 w b� *rt
1:1-`200- P04111
x .. - U.R. "N.
EL:
INTERNATIONAL Fa�
KNOW ALL �TY.11N.S ...A. CE C
: � PRESENTS' :.That , MMRNATI �A . � � 'I �N E WANY, co rp ral� n, prga�ed and existing
laws : State f� � ew jersey, h Mg rir ipal o� kt3r : raar : �e rse : dp teb ' c i to a nd: app 'int
.......:..::::.....:.t_..........:..,.,.;..,.....:,........:,....,.,t.....,..:....,..; ..,,�.k,....'........_.; ...............: , .... ..y....... ..............,..::..;.,,......r....t:.�.1........:............... ,......
YENETIA G.. NS N: KA H NE E� �.: �� 'DAMES B. SH A# ��� ., � � ''�
San Francisco, A .
ti
MPANY
.. its true and lam att rney s -in-fact to execute* seal d deliver for and on its beefs suety, . ... an all bonds.' and underta�s, one of indemnity Md
other writings- obligatory m the. nabare. thereof, which are or may be adi red, required or per t MY ':law statii ; rile rc ration- contractor otherwise, and
the'. execution of . such instru ,ent s ih ; pursuance of these presents; � be ass . biding pon t� said �' '�� ►MNAL' �W� INSURANCE
COMPANY , as. fully and amply to ad1 writs and purposes, as if the same had b n duly executes : � acknowledged its regularly elected Officers at its
princiai fee:
This Power of Attome is executed, a a he revoked,. pursuant to and y authority �cle -Section , of the -Laves. adopted by the Board of
Directors of INTERNATIONAL S LR WINCE - NWA at a. meeting caked. and held on the 'nth day. By-Laws.
1.974.
The President or any Vice President, Executive Vice President, Secretary or AssistantSecretary, � - have power and authority
(1 ' o appoint Attorneys�-in-fact, and to authorize then to execute n behalf o the nVany, -and attach the Seal, o the Company thereto, bonds and
undeiU gs, contracts of indemnity and other writings obligatory in the nature thereof and,
To remove, at any time, any such attorney=in-fact and revoke.' the authority given.
Further, this Power of Attome is signed and sewed by acsi e pursuant to resolution of the Board of Directors.of said Company adopted t a meet-9
duly called and held on the th day o April, 1 of which the Mowing i a true excerpt:
Now therefore the signatures of such officers and the seal of the Company may be affixed to any such power of attorney or any certificate relating thereto by
facsinie, and any such power of Fattorney or certificate beaming such fa�c �e signatures or facse sea shall be valid and binding upon the Company and an
such. power so executed and cert ed by facsimile signatures and facsi�e seal shall be valid and binder upon the Company in the future with respect to any
bond or undertaking to which it is attached.
T Y IN TESTIMONYWHEREOF, EVMRNATIONAL FIDELITY INSURANCE COMPANY has caused this instrument to be
signed and its corporate seal to be affixed by its authorized officer, this 29th day of August, A.D. 2003.
ENTERNATIONAL MELITY INSURANCE CO
SEAL r
04STATE OF NEW JERSEY
County of Essex
Secrcta
INTERNATIONAL I E ITY INSURANCE COMPANY
SUBDIVISION IM[POVEMEN S
LABOR AND MATERIAL BOND
Bond No. 0429006
Premium included in Performance Bond
KNOW ALL MEN BY THESE PRESENTS: That we, Kalispell Bowser Creek Associates, ITC
as Principal, and INTERNATIONAL I I Y INSURANCE COMPANY, duly authorized under the
lays of the State of Cai'omia to become surety on bonds and undertakings, as Surety, are held and firmly
bound unto City of Kalispell, Montana as obligee in the full and Just sum of
Five Hundred FortSeven Thousand Five Hundred Four ar�d 16 100 Dollars,($547.,.504.16)lawful
.money of the United States of America, for the payment whereof, said Principal and Surety bind themselves,
their heirs, executors, successors, administrators and assigns, Jointly and severally, finnly by these presents.
HE CONDITION of THE OBLIGATION IS SUCH AT; whereas the above named Principal al has
entered into an agreement of agreements which are made a part of this bond, with the Citv of Kalis
Montana as obligee for the improvements is the subdivision designated as (Tract/Parcel) Map No.
Assessors Tract 2 located in Section I I.. Towns North Ran 2 West P. .M. Flathead Count
Montana Three Mile Road , as required by the Governne .t Code of Callfomia.
NOW THEREFORE, condition of this obligation is such, , that if the above Principal falls to make payment
to any contractor, his subcontractors, or to persons renting equipment or furnishing labor and materials to
them for the improvement required by said agreement or agreements, the Surety on this bond N 111 pay the
same, in a amount not exceeding the sum sec'ied this bond.
This bond is executed and filed to comply with Section 66499 through and including Section 66499.1 o of the
Goverrnen.t Code of Califomia as improvement security, and shall inure to the benefit of any and all
contractors, their subcontractors and persons renting equipment or fumishing labor or materials to them for
the improvement. Notice of extension of time for completion is waived by the Surety.
Sealed with our seals and dated this _ th
Kalispell Bowser Creek Associates, LLC
a Montana limited liability company
V.I Inc, a Cah rporation, ts Mama r
Principal
y r
Robert sackso. , President
day of Ma , 20 06
International i e it r Insurance Company
y.
RF A. BASS A.ttomey -in-Fast
State of California
County of SAN FRANCISCO
On 05/05/06
personally appeared
ACKNOWLEDGMENT
before me, VENETIA G JOHNSON, NOTARY PUBLIC
R. A. BASS
(here insert game and title of the officer)
personally known to me (or proved to me on the basis of satisfactory evidence) to be
theperson(s) whose name(s) is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in his/her/their authorized
capaciiy(ies), and that by his/her/their signature(s) on the instrument the person(s),
or the entity upon behalf of which the person(s) acted, executed the instrument.
WITNESS my hand and official seal.
Signature
gAn
1103 ON
�N' G. OHNS'
OMku14199351
NOtWY PUbt1c - CalifoMia
Son Francisco County
ExPires May i 00
7F
(Seal)
STATE OF CALIFORNIA
IA
COUNTY F SAN FRANCISCO
On May 8, 2006, before rye, Dana Gomez, a Notary Public in and for said County and State, personally appeared
Robert Isae so , personafly known to r proved to me on the basis of satisfactory evidence) to be the person(s)
whose name(s) is re subscribed to the within instrument and acknowledged to me that he/she/they executed the
same in his/her/their authorized cap city ies , and that by his/her/their signature(s) on the instrument the persons or
the entity upon behalf of which the persons acted, executed the instrument.
ent.
WITNESS my hand and affieia) sea).
Signature �otr notary rstamp)
DDNA�'-IOME7
'$ ` 14 6 8 9 422
Commission
0 Notary big - rid 0
Son l� o Cou N -
f� My Comm, Expires Fat) 8. 200-8
KNOWAL .M T1 PRESENTS'. hat'UMRNA"I NA � � SURACCOMPANY, a corporation or ;ani ed and existing
laws &f. the:'Staw of-1 a ers d h ' 'Newlerse- does hereby co ' tn-te and :ap appoint
. `Newark, .
TIBERI
San: -Francisco, CAS:.
.. a and lal. a.
--`act exente seal deliver for on behalf +s, + TT bonds and undermkin cones ind and
other''vrIt€ngs. obligatory .the'nature thereof,. which are or 'may be allowedd, re €i�ed'or er ectb law, stature, e r ation, contract or otherwise and
ft - xe ution� � f . such ins�nent s . in F pursuance of those presents; shall be as bind upon the said 1►M AL -�EL� ig
COMPANY, as �y and amply, to a . intents and purposes, as. the same had been duly executed and acknowledged b its regulatrly -elected officers at its
principal office.
This Powerbf Attorneyis executed, and a be revoked, pu mt to and by authority of Article 3-Section , of the 7Law ado �. by a Board f
Directors of �RNA`IO A �E �' � I� W� rn at a efing called and held on the 'fit , day of February, 1p 4#
The President or any V.i a President, Executive Vice President, Secretary or Assistant Secretary, shall have power and authority
I o appoint Attorneys -in -fact, and to authorize them to execute on behalf of -the Company, and attach the Seal of the Company thereto, bonds and
undei4 ngs; contracts of indemnity and other writings oblTatory in the natu thereof and,
. o remove, at any time, any such attorney -in -fact and revoke the authority given..
Further, this Power of Attorney is signed and sealed by facsimile pursuant to resolution of the Board of Directors of said Company adopted at a meeting
duly caked and held on the 29th day of Ap , 1982 of which the following is a true excerpt:
Now therefore the signatures of such officers and the seal of the Company may be affixed to any such o ear of attorney or any certificate relating thereto by
facsimile, and any such power of attorney or certificate bearing such facsimile signatures or facsimile sea shall be valid and bindmn upon the Company and any
such power so executed and cer ed by faeshae signatures and facsimile seal shall be valid and binding upon the Company in the future with respect to any
bond or undertaking to which it is attached.
K-
T Y IN TESTIMONY WHEREOF, PMRNATIOi AL FIDELITY INSURANCE OWAI has caused this instrument to be
signed and its corporate seal to be armed by its authorized officer, this 29th day of August, A.D. 3 .
A INTERNATIONAL I.IT INSURANCE. CO
�L c
WOW STATE OF NEW JERSEY
,c%` County of Essex
rt
ecreta
On di is 29th day of. August 2003, before -rue came the individual who executed the recediin instrument, to a personal knoAwNa and, be*ng b e duly
sworn, said the h is the :therein described and authorized officer o the INTERNATIONAL � FIDELITY NSU ACE ���" � that the sea affixed
said instrument is the Corporate Seal of said Company;.that the said Corporate Seal and his signature were duly affixed.by order of the Board of Directors of
said Company.
ARQ IN T STWONY WHEREOF, I have hereunto set my hand affixed my Official Seal,
�• at the City of Newark, New Jersey the day and year first above -written.
.NOTARY
PUBLIC
E.
A NOTARY PUBLIC OF NEW JERSEY
r 1-4 rw r r+a A ft I't r Y\
City of Kalispell
Planning Department
7 - "" Stye: East, Suite 211 , K 11spell, Montana 5 9901
Telephone: (406) 751-1850
Fax: 405 - 5 8
em s : kalispellplann'Hig,com
James H. Patrick, City Manager
City of Kalispell
P.O. Drawer 1997
Kalispell, MT 59901
Re: Final Plat for Asper. Creek Phase 1
Dear Jiro:
This is a request for final plat approval of Asper. Creek Subdivision Phase 1,
consisting of 32 single amity residential lots and 18 townhouse lots and two
commercial lots on approximately 19 acres. The property is generally located on the
south side of Three Mile Drive approximately Too feet vest of the intersection of
Stillwater Road and Three Mile Drive. The property proposed for development can be
described as a. portion of Tract 2, Certificate of Survey 15888 located in section 11,
Township 28 Forth, Range 22 West, P.M.M., Flathead County, Montana. The property
was annexed into the city of Kalispell on May 2, 2005 and given an .r tial. zoning
designation of RA- I Lour Density Residential Apartment with a Planned Unit
Development ent Overlay.
The Aspen Creek Subdivision formerly known as Bowser Creek Estates) was given
preNnim'ary plat approval by the Ka.l s eH City Council on July 6, 200, subject to 2
conditions.
As a. requirement of the preliminary plat, at least two-thirds of the required
un rover eats have been installed per letter from William Boger, . E. * A Subdivision
Improvements ents reerx ent (SIA) in the ar iour t o $547,504.16 has been submitted to
secure completion of the remaining improvements which consists primarily of street
work, curbing, mail box receptacle, sidewalk and landscaping. The performance
bonds subrm'tted with the final al lat application address the 25% of the estimated
east of remam'ing improvements. ents. The SIA notes the grater and sewer mains and the
hydrants is have been completely installed. A letter from the Assistant City Engineer
dated July 27th states that the Public Works Department has approved the completed
Final Plat for ,aspen Creek, Phase 1
July 28, 200
Page 2
improvements fisted in the S1 . The estimated completion date for the remaining
A
tems listed in the SIA is November 15, 2006 or sooner.
The preliminary plat was approved with conditions as outlined below. The following is
discussion .ssion of compliance with each of these conditions as well as findings of
compliance with the city subdivision regulations and zom'ng ordinance.
COMPLMNCE CONDITIONS OF APPROVAL:
Condition No. 1. That the development of the site shall he in substantial
compliance with application icatio submitted, the site plan, materials and other
specifications as well as any additional conditions associated with the PUD as
approved by the city council. (Kalispell Subdivision Regulations, Appendix C -
Finial. Plat)
This condition has been met. The subdivision has been platted in compliance
with the approved preliminary plat and PU .
Condition . 2. That covenants, conditions, and restrictions for the
subdivision shall be amended to reflect the components of this subdivision and
submitted for review and approval by the Kalispell Site Development Review
Committee that includes architectural standards for both the residential and
commercial components of the project, a provision for the conservation and
maintenance of common on areas and the private intema.l roadways that are
proposed for the townhouses. Setbacks for the townhouses accessed via an
interior street shall be measured from the edge of the roadway and shall be 20 feet
in the front and rear and five feet on the sides with the exception of the zero lot
line required to achieve the townhouse corifigura.tion. The covenants, conditions
and restrictions shall also create a provision for architectural review prior to the
application and issuance of a l il.d. r� permit from. the City of Kalispell. (Site
Development ment Review Committee)
This condition has been met per the attached Declaration .on of Covenants,
ts,
Conditions, Restrictions for Aspen Creek Estates. This condition . shall be
ad.rr .istered. at the time of apphcation for individual building permits,
Condition No. 3. The commercial component of the subdivision shall not be
developed until a. mirA um of 50 percent of the subdivision has been occupied by
the residents. Additionally, the architecture shall be of a generally residential
character with particular attention given to internal access, lour level lighting,
adequate landscaping, unobtrusive signa e and limited. hours of evening
operation. The commercial component may contain ,i4 #x or more parcels but may
not exceed one acre in size. (Site Development Review Committee)
Final Plat for Aspen Creek, Phase
July 2 , 2006
Page 3
This condition is met. The commercial lots will not be developed at this time
because a rr rum of 50 percent of the subdivision is not occupied.
Condition No. 40 . That the development of lots in the PUD shall be subject to
architectural review as outlined in the application and supporting materials and a.
letter be subraitted to the Kalispell Site Development Review Committee from the
Architectural Review Committee of the homeowners association prior to the
issuance of a building permit. (site Development r ent Review Committee)
This condition shall be admftlistered at the time of application for individual
building permits*
Condition No. 5. That permits be obtained from the Flathead Conservation
District, Montana Department of Natural Resources and the Montana Department
of Environmental Quality for work done a along the Sprig Creek Channel or a. letter
from those agencies stating that the scope of work does not require permitting.
('CC NRC
• A. natural stream bed permit, Fb-101--200 5 Bowser Spring Creek/Kalispell
Bowser Creek Assoc., was issued by the Flathead Conservation District o
January 17, Zoo . The work along spring Creek is not yet complete however
the lots and road system within phase 1 will not utilize the creek crossing.
Therefore, completion of work within S ri .g Creek is not required at this time.
Condition No. 6. That the plans and specifications for all public
infrastructure be designed and installed in accordance with the Kalispell Design
and Construction Standards and the Kalispell. Subdivision Regulations. s. A letter
shall be obtained stating that they have been reviewed and approved by the
Kalispell Public Works Department. (Kalispell Subdivision Regulations, Chapter 3,
Design Standards, section. 3.01. .
• This condition is reset. A letter from Frank Castles, Assistant City Engineer,
dated May 3, 2005 approved the construction plans.
Condition No. 7. That an easement shall be obtained from the adjoining
propel owner to the east granting the right to develop the proposed 60 foot right-
of-way for road and utility purposes and once completed dedicated to the City o
Kahs ell as a public roadway. (Kalispell Subdivision Regulations, Section 3.08
(A)).
This condition is met. Although the plat indicates a. 30-foot wide private road
and utility easement the owner of the property granting the easement has
submitted a. letter acknowledging that a. public roadway will be constructed
w.t� the easement.
Final Plat for aspen Creek, Phase 1
July 2, 2006
Page
Condition No. S. That a minimum 20-foot buffer strip shall be established
between 'Three Mile Drive and the subdivision that would include alike and
pedestrian trail and buffering in the form of bermingans ing or both.
These improvements are to be coordinated with the Kalispell Public Forks
Department, Parks and Recreation Department, Flathead County Road
Department and Montana Department of Transportation. MDOT shall determine
other impacts on Three Mile Drive resulting from this development and the
property owner shall comply with all requirements of the Department to mitigate
such impacts.
The 20 -foot buffer strip s shown on the final plat, A landscape plan for the
buffer area has been reviewed and approved by the Parks and Recreation
Director in a letter to the Engi .eeting consultants dated June 20, 2006. MDOT
has approved two access roadways onto Tree Mile Drive. All improvements
required to mitigate the development have been incorporated into the two
approach permits.
Condition No. 9. The following requirements shall be met per the Kalispell
Fire Department: artment: Kalispell ll Subdivision Regulations, Section 3.20).
a, Water ma ns designed to provide minimum fire flows shall be installed per
City specifications at approved locations. Minimum dire flows shall be in
accordance with Uniform Fire Code 1Appendix 111- .
Fire hydrants shall be provided per city specifications at locations approved
by this department, ent, rior to combustible construction.
c. Fire Department artment access shall be provided in accordance with Uniform Fire
Code 1Article 9.
d. Secondary emergency .cy vehicle access shall be provided at Phase lv meet the
requirements ents of the Subdivision Regulations (section. 3.0 and emergency
vehicle access reeds.
e. Due to project phasing it should be noted that hazardous weed abatement
ent
vAll be required in accordance with city of Kalispell Ordinance 10-8.
memo dated July 6, 2006 from Brent Christopherson, Assistant
Chief/ Prevention states that fire hydrant flows and locations have been
approved by the Fire Department. The developer has opted to bond for
improving the streets to all weather driving surfaces and street signs.
'therefore, no building permits will be issued until these are installed. The
developer has also revised the relimina.ry plat to provide for tum-ceffounds
which meet the Fire Departments artmen.t specifications for lots l -2o A/ , 21-23
(A/B), and 2 -2 A/ ,
Final Plat for Aspen Creek, , Phase t
July 2, 2oo
Page
Condition No. 10. That a letter he obtained from the Kalispell Parks are.
Recreation Director approving a landscape plan for the placement of trees are
landscaping materials within the five foot landscape boulevard developed between
the curb and the sidewalk. Kalispell Subdivision Regulations, Section 3.11 .
This condition has been met. Please see attached a letter from the Kalispell
Parks and Recreation Department date. June 20, 2006.
Condition No. 11. That the area designated on the plat as "park" shall meet
the requirements for parkland e lca.tion and shall he developed in accordance
with a. plan approved by the Kalispell Parks and Recreation Director that provides
recreational amenities includm' but not hmited to pedestrian access, irrigation,
landscaping and play equipment so as to provide a recreational component within
the development and not simply left as passive open space. (Kalispell Subdivision
Regulations, section 3.19).
As part of phase 1 the developers have designated the park area.. A letter from
the Kalispell Parks and Recreation Department dated July 10, 2006 approves
the park improvement plan.. The developer has included money in the
Subdivision Improvement t Agreement ent for the improvement of the park area.
Condition No. 12. That a provision be made for right-of-ways within the
development that will allow for the extension of the proposed roadway so that they
will provide future access to adjoining properties to the east. Kalispell Subdivision
Regulations, Section. 3.04).
* This condition is met. The road right-of-ways are shown on the final plat to the
ea.stem boundary of the subdivision in order to met this condition.
Condition' No. 13. That a detailed f.00 plan study he completed and accepted
by FEMA determiningthe base flood elevation for the floo .pla .r area within the
subdivision. No lots that are within 100 feet of the 100 year floodplain as
currently indicated on the FIRM panels shall be platted prior to the completion
and acceptance of the study area..
This condition is met. A .letter from F EMA dated November 24, 2004 approved
the detailed floo plan study which reduced the size of the oo-year floo .plain.
on the property. With the completion of the detailed floo pla r study the
second part of condition 13 is no longer applicable.
Condition No. 14. That a. f oo pl.a n development permit be obtained from. the
City of Kalispell after the FEMA study has been completed and accepted for the
proposed creep crossing.
Final Flat for Aspen Creek, Phase
July 28, 200
Page
This condition is met. The City of Kalispell issued a floodplain development
permit(permit 05-0January 9, 2006 for the creek crossing.
Condition No. 1 , Structures be setback a minimum of 20 feet from the
established vegetation lire of the creek if these areas are determined to be outside
the 100 year flo d f a n.
The final plat application letter states that the property lines for lots along the
creek are outside of the estabhs ed vegetation line of the creel.
Condition No. 16. That Lots 14A and B, 1 SA and B, 16A and B be
reconfigured to accommodate single family dwellings.
These lots are located in the next phase of development and will be addressed
at that time.
e.
Condition No. 17. That a letter be obtained from the Montana Department artment of
Transportation and. Flathead County Road Department artmex t stating that the proposed
accesses onto Three Mile Drive (Farms. to Market Road) have been reviewed and
approved and any associated and necessary improvements have been satisfact n'ly
completed.. M T
The Montana Department of Transportation ortation issued two separate approach
permits(permit # s- 5 1 onto Three Mile Dave for access into the
subdivision on September 10, 2004. A letter from the Mortara Department of
Transportation dated July 11, 2006 has extended the approach ermits until
October 1, 2006.
Condition No. 18. That a 60 foot right-of-way reservation be noted on the final
.ace in the area of lots 24, 25 or 26 Phase 2 to provide ingress and egress to the
adjoining parcel to the west and to avoid the potential for an additional future
access onto Three Mile Drive.
The 0-foot right-of-way reservation is shown on the final plait between lots 40
and 41 (lots 22 and 25 on the prehminary plat) to provide ingress and egress to
the adjoining parcel to the west,
Condition. No. 19. The roads Within the subdivision shall be named and
signed in accordance with the policies of the Kalispell Public Works Department
and the Uniform m Traffic Control Devices Manual and be subject to review and
approval of the Kalispell Fire Department. Kalispell Subdivision Regulations,
Section 3.09).
Minal .flat for ,aspen Creek, Phase 1
July 2, 2006
Page
All roads within the subdivision have been named. A letter from the Kalispell
Public Works Department regarding the signs will be required upcompletion
f Mstalling the signs.
Condition No. 20. The developer shall provide a. letter from the U.S. Postal.
Service approvmg the plan for mail service. Kalispell Subdivision Regulations,
Section 3.22)
The plan for mail service has been approved by the U. S. postal Service in a
letter to Thomas, a.s, Dears and Hoskins, Inc. dated June 2, 2006.
Condition No. 21. Street h hting shall be located within the subdivision an
shall be shielded so that It does not intrude unnecessarily onto adjoining
properties. Kalispell Subdivision Regulations Section 3.09(L)).
The developer has paid Flathead Electric Co-op to install the street lighting.
Flathead Electric C - p anticipates the lighting to be installed by early fall of
this year.
Condition No. 22. All utilities shall be installed underground. (Kalispell
Subdivision. Regulations, Section 3.17).
This condition is met. All utilities will be installed underground per the
approved plans.
Condition No. 23. A landscape buffer consisting of a coniferous vegetative
screen that height ofsix feet within three years of planting be established . the
southern boundary of the development. (lots 5- 3, Kalispell Planning Board)
0 This condition will be addressed in the next phase of the subdivision.
n.
Condition No. 24. Setbacks for the townhouses will be established at five feet
between the property boundary and the eave of the building while the setbacks for
the single family homes will be established at ten Feet between the property
boundary a.nd the eave of the building. Kalispell Planning Board)
This condition is met. The setbacks are reflected in the Covenants, Conditions
and Restrictions .ction for Aspen Creep Estates.
Condition No. 25. That a minimum two-thirds of the necessary
infrastructure for this subdivision shall be completed prior to final plat submittal.
The response to conditions letter accompanying the final plat application states
that a. minimum of 66% of the improvements have been completed.
Final Plat for Aspen Creek, Phase
Maly 28, 200
Page
Condition No. 26. All areas disturbed duringe elment of the subdivision
shall be re -vegetated with a. weed -free mix immediately ft r development,
This condition has been met per the attached Subdivision Improvements
Agreement.
Condition No, 27, That a. development agreement be drafted by the Kalispell
City Attorney between the City of Kalispell and the developer outlining and
formalizing the terms, conditions and provisions of approval. The final plan as
approved, together with the conditions and restrictions imposed, shall constitute
the Planned Unit Development P zoning for the site.
This condition has been met per the attached Agreement dated the 6th of
July, 2006.
Condition No. 28. That preliminary plat approval for the first phase of the
planned unit development shall be valid for a period of tree years from the date of
approval with an automatic two-year extension as each phase of the subdivision
plat has been completed and filed. (Kalispell Subdivision Regulations, Section
2.04).
This condition has been met. The prehimnary plait will expire on July 6, Zoo .
The final plat application is filed well within this time frame.
Condition No. 29. The landowner shall execute and submit to the City of
Kalispell a. waiver of right to protest the implementation of are SID for roadway
improvements that benefit the property. This waiver shall be disclosed upon the
face of the prelinidnary plat and shall run with the land.
This condition has been met. The waiver of protest appears on the face of the
final plat.
C MP►LkNCE WITH THE SUBDIVISION REGULATIONS:
This subdivision plat has been found to be in compliance with the State and City
Subdivision Regulations, The Subdivision Improvements Agreement expires on
November 15, Zoo ,
C MFMNCE WITH THE ZONING REGULATIONS
This subdivision Complies With the Kalispell Zoning r inax ce and the provisions of
the attached PUD Agreement which constitutes the zoning for the property.
Final Plat for Aspen Creek, Phase
July 2, 2006
'age
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 rote that the Subdivision Im rer ents Agreement should be
accepted along with the final plat approval. Please schedule this matter for the
August 7, 2006 regular city council meeting if possible. You may r call rye at 751-1852
f I can be of assistance to you regarding this matter.
Sincerely,
Sean Conrad
Senior Planner
Attachments; Vicinity map & I 1 x 17 plat
1 opaque mylar of final plat
1 reproducibly mylar of final plat
blueline of final plat
Final plat application dated 6/22/06
Letters from TD&H dated 6 / 23 / 06 and "i/ 10 J 06
Letters from Kalispell Public Works dated 5 / 3 / 05 and 7 / 27 / Ofi
Letter from MDEQ dated 4 / / 05
Letter from MDEQ dated 4 / 20/ 05
Letter from. Fire Dept dated 7/6/06
Letters froze. Parks and Rec dated 6/20/06 and 7/ 10/06
Letter from USPS dated 6 / 2 / 06
Subdivision improvements Agreement dated 6/22/06
Engineer's certification exhibit B
Performance Bonds from International Fidelity Insurance
Company band # 0429006 dated 5/5/06
Title report # 7403078-112 dated 6/7/06
Consent to Plat letter from Wells Fargo Bank dated 6/23 J06
Treasurer's certification dated 6J23/06
Grant of easement from property owner to the east dated 9 / 1 % 04
Declaration. of Covenants, Conditions, Restrictions for Aspen
Creek Estates
Planned Unit Development Agreement for Aspen Creek Estates
dated 7/6/06
FEMA letter of map revision dated 1 I / 2 4 J04
Montana Department of Transportation Approach Permits dated
9/10/04
Final Plat for Aspen Creek, Phase 1
July 28, 2006
Page 1
Letter from Montanan Department of Transportation dated
7/11/OC
Theresa White, Kalispell City Clerk
William D. Boger, RE., Thomas, Dean and Hoskins, i.ns, 31 Three Mile n ,
Kalispell, MT 59901
Kalispell Bowser Creek Assoc., LLC, 121 Spear Street, Suite 250, Sari.
Francisco, CA 94105
Tbomas- Dean Hoskbis- Inc.
. .
Engineering
June 231, 200
Tom Jerrt,
City of Kalispell Planning and Zoning Department
17 2nd Street East, Suite 1
Kalispell, MT 59901
RE Aspen Creek Subdi ision, Phase I
K05-074-003
Dear Tom -
Attached is the submittal for the final plat of Aspen Creek Subdivision, Phase 1, in the following
supplemental items:
Two M tar Original Plat Maps 2 Setseach)
Four (4) blueline copies of the Final Flat Map Sheets, unsigned
+ One (1) half -sized copy of the Final Plat Map Sheets
Signed application 'or. and fee $ ,16 .00
Original Tit Report
Tax Certification
Consent to Plat from Leader
Subdivision Improvement.Agreernent, including certificate of eo i tenon stamped and
signed by a professional e.n iTle r
Performance and Labor/Material Bonds
DEQ Certification
Letters from Fire Department dated A ut , 2004 and Jane 16, 2006
Letter from City Parks and Recreation Department dated June 20, o
Copy of Letter from the City of Kalispell Public Works Department approving
construction plans
J: 0 l - �. - 174- - Final Play: 'ord'%fi ..l l t.plan ing.-It-.d
Copy of Letter from the Montana Department of Environ .e tal Quality approviDa
construction plans
Copy of Letter of Map Revision OMR) from FEMA for revised floodplai
Floodplain Development Permit from the City of Kalispell
Permit from FlatheadCOUDty Conservation District
+ Two (2) Approach Permits from Montana'Department of Transportation.
Draft Copy of Declaration of Cond'Itions, Covenants and Restrictions
Draft Copy of PU.
The followingwere conditions of final plat with which the project complies:
1. The Subdivision is in substantial compliance with the preliminary plat conditions (Dated
.duly 6, 200
A Draft Copy of the Covenants, Conditions and Restrictions has been included for
review. The final documentation will be filed with the appropriate agencles.
The Commercial l parcels will not be developed at this time. This component of the
project will. be held until fifty percent of the subdivision is occupied. Architecture of
the structures will comply with the residential character of the subdivision.
. It is understood that prior to issuance of a building permit, a letter will be provided from
the architectural .Review Committee component of the Homeowners' Association to the
City of Kalispell Site Development ent .e iew Committee.
permit was obtained from the City of Kalispell for work- within the f loodplai
Additional permits 10 and Storm water Pollution Prevention Permit SWPPP have
been obtained from the Flathead County Conservation District and the Montana
Department of Environniental. Quality for work performed in conjunction with the Spring
Creek crossing.
. "The plays and specifications for all public infrastructure have been designed and installed
in accordance with the City of Kalispell Dean and Construction Standards. An approval
letter :from the City of Kalispell Public Work DCDartment and an engineers certification
are attached.
J: l 0 �-;;K -- 7 1 �-074- D - Final l a�-,Y rd'-x .lplat- pl nnina.ltr. d u;
. The easement for the thirty o feet of right of way necessary for the road development
from the east property owner was recorded in Certificate of Survey C. 0.S. No. 16 4 1..
. The twenty foot buffer strip is established on the face of the plat. Improvements to the
buffer have been coordinated with the City of Kalispell Parks and Recreation Department
(see attached letter from the City of Kalispell Parks and.Recreation Department).
Approach peniiits for the entry roads have been obtained from the Montana Department
of Transportation approving improvements to the entry roads and access to Three Mile
Drive.
. A letter from the City of Kalispell Fire Department has been attached regarding the
following:
a. 'water main design and fire flows were designed in accordance with the
applicable standards and reviewed by the Department of Environmental Quality
and the City of Kallspell Public Works and FIre Department. The approval letter
is attached.
. fire Hydrant locations have been approved. Approval letter from City of
Kalispell Fire Department is attached.
c. Fire Department access has been approved. Approval letter from Jim Stewart
dated August 27, 2004 is attached.
d.. Secondary emergency access for future phases will he addressed in the phase i
which they are appropriate.
1aao � eo�Il. vieasut%
construetion and development of the site.
10. The landscaping pan, including the placegent of trees within a five-foot landscape
boulevard have been reviewed and approved by the Cite of Kalispell Pares and
Recreation Department. Approval letter is attached.
1. Amenities and ix prover eats to the "park" areas will beaccomplished as a component of
the next phase ofdevelopment. See attached letter from the City, of Kalispell .parks and
Recreation Department,
12. Provision has been made for the extension of roadway to provide future access to the
property to the east.
1_ 3 , The . 'loodplain Study has been completed d a .better of Map Revision LOMR is on
file with the City of l,,' a.lispell.
14. A permit was obtained from the City of Kalispell for work within the f.00 1plai.. and is o
file with to City of Kalispell.
. . 'rhe properlines are outside the vegetation line of the creep with a twenty 2 Foot rear
setback requirement. Wherefore, structures will e ,set at least twenty o feet from the
vegetation. line.
.f:'% . D ',.. - 7= "k . -�- - - Final lat'Mo dkfinalplat.planning-Itr-doo
. The lots noted are located in the next phase of development and will be addressed at that
time.
1. 7 . Approach pen -nits for the entry roads have been obtained. from the Montana Department
of Transportation appro i.D i apt-ovet : ents to the entry roads and access to Three Mile
Drive.
. A sixty foot right-of-way has been reserved south of the wet commercial property
to pr v.ide future access to the parcel to the west and will reduce the need for a future
access onto Three Mile Drive.
1 .. 1.l roads within the subdivision have been named. Signs will be placed per attached
Subdivision h .pro Te .gents . green ent. County and City review has be n performed.
20. . S.P.S. has approved a common mail dellver y site for the subdivision. Letter is attached.
21. Street lighting, to he constructed. as part of the street improvements trader the Special
Improvement Agreement, ent, ill be located and shielded per the applicable City standards.
.. All utilities will he installed .der roue , per approved plans and specifications.
cj
2 3 . The landscape buffer for the so uth.er n lots i s p art of the next phase of the veI opm ent
�, Wi It 110e iJ 1 *zed durzr tg; that p hase.
. Setbacks have been established for the to nhome sites at .five feet from. property line
to future huiI d in a cave and at ten 1 o feet for the single ar it residence lots.
25. At a mini um,1 6% of the improvements have been constructed. The attached Special
Improvement Agreement and attached letter of credit will be followed in completing the
construction of the remainder.
. Per the Special fi prover ent Agreement and in accordance with the approved -plans and
spee1fication , areas di stur1 d during construction. w].11 he re- ve etated per the City
standards.
27. A . raft proposed development a r ement is attached for review by the City Attorney,
which will constitute a Planned -nit :1 evelop ent PUD),
8. The Preliminary plat approval is understood to be valid for tree Mears from the date
approved, J ri ; �00 .wr
. The waiver o protest to t-he implementation of an SID for beneficial roadway
improvements has been inc uded on the face of the plat.
J \2 \KO5- 7''L - - -.finalPlat-Wordifi al pi at.pIan nin _[tr_do
Thank you for your assistance i n the progress of this project.
Please contact us if you have any questions.
Sincerely}
'D B . w
K05-074-003
J:, �)05'-,%--074'.KO5T - 3 T Final Plat Nord"% i al platplanriing.ftrdoc
T D
Engineering C on Sultants
.duly 10,. 2006
Tom Jentz
City of Kalispell Planning and Zoning epa ment
17 2nd Street East, Suite 211.
Kalispell, MT 59901
R: Aspen Creek Subdivision, Please 1
K-o-oo
Dear 'oin:
Attached is additional information for the final plat of Aspen Creek Subdivision, Phase 1. In
response to your letter dated .duly 10, 00 , e .a the following:
Item No. 4. The final, recorded CC&R will contain the foie at.�on of theArchitectural
Review Committee.
Item No. 5. The final recorded CC&R will contain the necessary language protecting and
prescribing maintenance for the creek -side areas as recommended by the Counter
Conservation District.
Item No. 7. With regards to the easement on the adjacent property, attached -is the sided
agreement etween the owners of the respective properties addressingMr. Reel 's intention.
to record a p i b l e easement on the east 3 o feet of new roadway. Additionally, the
preliminary plat for Mr.:Ree's parcel has been accepted by the City Council.
Item No. 9. The City Fire Department has approved the tum around devices for the
town ome lots. The Fire Department has also allowed for street signs to be installed as a
bonded item in that no building permits will be issued until the signs have been installed.
Attached is a copy of them- letter.
Item No. 11. Mike Bale, :director of the City 'arks and Recreational Department, has
emailed your office reZ71 ardi his approval of the revised landscape plan. Attached is a cop'
of the approved landscape plan. The SIA Exhibit has been modified to include money set
aside for these improvements.
Item No. 1 . The orl ginal final plat submittal included the LOMR from f E M ..ems this 1s
completed, the requirement for 100 feet setback from the original, undetermined flodplain
11mits is no longer applicable.
Item No. 17. The Montana Department of Transportation has acl no Fle . ed their need to
inspect the entrances onto Three Mile Drive upon completion and will provide a letter to the
City following their inspection.
1:2 51K 5- `& 5- -0 µ Final l t\Word\. nl plat. l nni .g.revisi -It. doc
31 ive Mile Drhv, Suite .101 Kalisimil. MT 5990.14 ) 751-5246 FAX (' 0 -'5230
Item No. 19. The C.Ity Public Works Department has reviewed the roadnames. The City Fire
Department has allowed for the installation of the signs to occur after award of FinalPlat.
This condition will be fulfilled at the time the signs s are constructed and a. letter ill e
obtained from the Fire Department artment approving the installation..
Item No. 2 1. The owner has paid Flathead E I eetrie for the street Iig is and i.nstallation
thereof. FEC has indicated that the work will go onto their schedule of work to be completed
y early fall, this year.
Items. No. 27. Attached is an executed PUD forsignature by the City Manager and the City"
ttor.ey.
In addition to the items listed above, attached is also an updated SIA Exhibit B indicating
bonding for finalization of the lift station.. The water system has been pressure tested and the Fire
Department has conducted a flow test from a hydrant. The water -system is energized and the
valves are all open.
Thank you for your assistance in the progress of this project.
Please contact us if you have any questions.
Sincerely,
OMAS. DEAN" & H SKI S, INC.
William . Boger, RE
W:B: orb
K05- -00
J,: ',K0 - 5. - 4- 0 -Final XatMord'%final play planning- rcvisions. Jtr.do
11 Publi'c Works D.'-&partm,-%nt
it Yf i��alispe
of 99 , Kalispell, Mona 99 w - 99 r -- Telephone 0 7 8- 120, Fax 6 8-
May 3,, 25
William D*der, P.E.
Thomas, Dean & Hoskins,, Inc*
690 NorthMeridian, Suite 1
Kalispell,, Montana 59901
E: Bowser Creek Estates Phase
Kalispell,, Montana
Dear Bill:
The cons ruction plans and supporting documents for the referenced project are hereby
approved. Attached is your copy of the letter of approval send to the Flathead City -
County Health Department.
We look forward to working with you on this project.
Shy
Frank Castles, RE,
Assistant City Engineer
Attachment: As Stated
City of Kali"spell Public Works Department
Post Office Box 1997, Kalispell,Monte 9901 p 1
May 3, 2045
Dick Montgomery,, P.E.
EnvironmentalHealth Services
Flathead City -County Health Department
1035 First Avenue West
Kalispell, Mt. 5990
R: Bowser Creek Estates Phase I & 2
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 Thomas, Dean & Hoskins, Inc., for
the referenced project. The Kalispell water distribution system and sanitary sewer
system has adequate capacity to serve the project.
f you have any questions, please do not hesitate to contact this office.
Sincerely,,
PIP
Frank Castles., P.E.
Assistant City Engineer
Cc: William D. der,, R.E.
R
City of Kalispell public Works Depaftment
�- Pc9 C)flicc Ba;c 2997, XABVxt, M[antaaa 59903.4999 - Tekphone (406)758.7720 pax (406)758,7831
July 27, 2M
KaYW4*1 mow' Creek ASSOCIOM, U.0
1 Swr Stmet, Sum 25
San Francisco, CA 94105
Re: Aspen re&%, Phi I
KaJW, "tana
anftmW,
The City of Karpdl Public works DeftmM hereW appmes the aft5nqf comply City
Impmemmts apt Umse IdW in the Subdivftn Improveffmt Agreenvr , WIbit El,, for the
mftenmd subdivWon. Appel by the City of Kab$p l for the CO owned and almaaW
Impvwnenb grate brAd on the faffo":
1. onus, man & ins, Inc.* kder dam My 26s, M, =Wng that ft immooenwts
within the rdeverlenoW subdue have txm " aid InsUlled in ante wb ft Cty
of MOW standards and the ppm"W plas andspw&awns-
2.
apt of a SbdWiErm Impoamnt AqrrrwWbit % wtkh mptainsthe Uftl atffwted
cors"ftn cosb plus 2S "t Ong ft esUrmtW cosM fbr ft m"iing oxwtxwd
fWm# The SubdlWslon Impmmmot Agmem4 Exk S. is t by WHOM Boger, RE, to
WnQ an =Urate accounung 0 anWpatM coM 4W 4ft mmang impmvenients,
t
` be one year wan-anty paW fbr the M owned and nuJntal ed e4Wngr cam lmpmvenwnts PAI
commme of MY 27o M, The om yar wanz* Wod for t* rr*ft canOAon wi
comce upon acceptarce by the Cty of the compkted con&ucted impmemnM in air amce wiM
appmed plans and sowftaft
if You have any quesvons.. piem4do not hootaft to amw mis fie,
ZLSPO
nk
ASSWnt Oty Eh1ft&
Cc: Sean Conrad, Sanr manner s FaX Note 7671 woj�lz'4 7:
William � F.E. o� i
j D & H, Mc.
00.
Montana Department of
`=^ �E NVIRONMENTAL QUALITY- Brian Schweitzer, Governor
' . BOX 200901 19 Helanav M-01 v 0 M 4 wrw-deq. t. o
Al 11, 2005
Thomas,, Dean & Hoskins En
William D Boger PE
o North Men7dian Suite 10 1
Kalispell MT 59901
Dear Mr Boger:
RE: Bowsc�r Cr-eek Estates
?vlil Facilities ExGlusion
EQ#05-2520
City of Kalispell
µ Flathead County
This is to certify that the information and fees received by the D ep artrn e.t o f Environment Quality relatin g to
this subdivision are in compliance with 76-4-127, MCA and ARM 17,36.602. nder - -12 , MCA, N
subdivision is not subject to review, and the plat can be filed with the county clerl< and recorder-
.ns and sprclfications must submitted t si ofmunicipal facilities for the supply of water o-T
disposal e g are proposed - 4- 11 ), MCA) * Consti-action of water or sewer sion prior to
DEQ, Public Water Supply Section's approval is orohibited� and is subject to penalty as prescribed in -f ifle 75,
i
Chapter 6 and Title 76, Chapter -
Slra,l,
A01_0"
qa6et Ska lan
Comphajace Techniciaxi
Subdivision Section
Water ProtQction Bureau
(40 ) -1 01 — email j skaarland Ccz,/state.mt.us
: City Engineer
County Sanitarian
I
hfor e e t Division IF Fewmi ng & Cumpff;wcc Diviii9n 4 P13n ll g, 1rnntion A& M,%Wm ►ce ffivblon 4 tc iu Diu D on
TOTAL P.02
William I . Boger, P.E.
o North Meridian. Suite 10
Kalispell, ITT 59901
.April 20, 200
lam: Bowser Creek Estates W S Extensions and Lift Station & Force Main; EQ#05-2520
Dear Nir. Boger:
Plans and specifications for the above --referenced project have been reviewed by personnel with
the Permitting & Compliance Division utilizing the certified checklist procedure and Q-2.
The plans and specifications are hereby approved. Complying with the City of Kalis ell's
comments for changes to the water, sewer, lift station and force main is within this approval. One
set of plans and specifications bearing the approval stamp of the Department of Environmental
Quality is enclosed.
.Approval is based on plans and specifications received March 141, 2005 under the seal of:
.E.442-�� LOAD. �� �S 0 9.
Approval is also given with the understanding that any deviation from the approved plans and
specifications will be submitted itted to the Department for reappraisal and approval. Within 90 days
after the Project has been completed the project engineer shall certify to the Department that the
project was inspected and found to be installed in accordance with the plans and specifications
approved by the Department. This certification shall. be accompanied by a set o "as -built" record
drawings silted by the project engineer.
t is further understood that construction will be completed within three years of this date. If
more than three years elapse before completing construction, plans and specifications must be
resubmitted and approved before construction begins. This three-year expiration period does not
extend any compliance schedule requirements pursuant to a Department enforcement action
against a public water or sewage system.
Please be aware that this pro' ect may reed a stem water general permit. Please contact the
Water Protection Bureau at o - - o o for more M' formation.
�r M. u r, nviro me ta.l Engineer
lic f Supply Section
Public Water Supply and Subdivisions Bureau
c: City of Kalispell, PW
Flathead County Sanitarian
File
Centralized Services Division - Enforcement Div.isi - Permitting& Compliance Division $ Planning, Prevention& _assistance Division - Reinediado i ision
KALISPELL FIRE DEPARTMENT
Randy Brodehl - Fire Chief
Brent 1,, Christopherson erson - Assistant C hieffre en#ion
Dan Diehl — Assistant Chief/Operations
JUG
7
T: SEAWCOP4RAQ, SENIOR FLANKER
312 First Avenue East
Kalispell, Montana 59901
758-7760
FAX: 7-7 2
FROM: BRENT L. CHRISTOPHERSON, ASSISTANT CHIEF/PREVENTION
DATE: JULY 632006
SUBJECT: BOMBER or ASPEN CREEK SUBDIVISION FINAL PLAT APPROVAL
We have the following comments on the above project:
1 * Fire hydrant locations and fire flows are approved by this department.
2. Provide all-weather driving surfaces and street signs prior to issuance of permits
for combustible construction. The all-weather driving surface requirement ent also
includes the private r access roads.
3. is ess roads into .Lots 1 -2 A B , 2 y-23 A/B , and 2 -26 A B reed to have
provisions for fire apparatus turn-arounds as they exceed 5 '. A 9 '
hammerhead, 2 ' wide had been previously approved by this de pa rtm ent for
each of the private or access roads.
. Lots -2 A B , 1-23 A 'B # and 2 26 A B) all appear to front onto access
roads that feed into she lan Street. These access roads will need to be provided
with a street name, and the townhouse lots addressed accordingly. Please
coordinate this with Fred Zavodni at 758-7725.
Please contact me if you have any questions. I can be reached at -3:
C.C. B11.1 Boger, Thomas, 'Dean & Hoskins, Inc
"Assisting our communitv in reducing, preventing, and mitigating emergencies. „
35 Ave East — P 0 Box 1997 — Kalispell MT 59903-1997
Phone_ 06) 758-7718 Fa: 06) 758-7719
Email;parknrec@kalispell.com
June 2, 26
William C. Boger, P.E.
Thomas, Dean & Hoskins, Inc.
31 Three Mile Drive, Suite 1
Kalispell, NIT 59901
e: Aspen Creed. Subdivision Landscape Flan
Dear Mr. Boger:
This letter is to serge as approval on the revised landscaping plans submi ted for Aspen
Creek Subdivision, per our meeting on June 15, 2006.
As noted - on the - plans the developer will be responsible for the landscaping
improvements as specified including planting of 139 boulevard trees, seeding and/or
sodding of boulevards and installation of an asphalt path in the 2 ' landscape buffer.
Tree plantings are required to meet the Street Tree Ordinance standards of 2 4" caliper
and. of 'an approved species from the Kalispell Parks department ent planting list.
Boulevards are to be seeded or sodded to meet city standards.
It is agreed that if the project is extended the developer will be responsible for bonding
for landscaping improvements as specified on the submitted plan for the building(s) at
Aspen Creek subdivision.
Final approval will be given upon completion, inspection and approval of the
landscaping ing and tree plantings, at which time bonding and/or letter of credit would be
released if it is in place. It should be noted that the trees and landscaping in are under a
warranty period and should they die within this time frame, the developer will be
responsible for replacement.
t has been enjoyable working with you, if you have any concerns or questions please
give me a call.
Sincerely
Michael. -Baker, Director
Kalispell Parks and Recreation
cc: Tom Je tz, Kalispell Planning
��.-, of Ka
lispe fl
Parks and Recreation
July 10, 206
William D. Boger, P.E.
Thomas, Dean & Hoskins, Inc.
31 Three Mile Dive, Sfte 101
Kalispell: MT 59901
35 1 ' Ave East - P 0 Box 1997 - Katel MT 59903-1997
Phone: 06 5 Fax: 06) 75-'
Email.- parknrec@kal*lspell.com
Re: Aspen Creek Subdivision Revised Landscape Plan
Dear Mr, Boger:
This letter is to serve as approval on the revised landscaping plans submitted for Aspen
Creek Subdivision, per our meeting on June 7, 2_
The developer will be responsible for the landscaping and other recreational
improvement and amenities as specified on the attached plan. It is understood through
discussion and Past correspondence that landscaping and amenities are required to
meet the city standards.
t. is agreed that if the project is extended the developer wiII be responsible for bonding
for landscaping improvements as specified on the submitted plan for the building(s) at
Aspen Creek Subdivision.
Final approval will be given upon completion, inspection and approval of the
landscaping and tree plantings, at which time bonding and/or letter of credit would be
released if It Is In place- It should bo noted that the trees,, landscaping and amenities
are under a warranter period and should they die within this filme Frame, the developer
will be responsible for replacement.
It has been enjoyable ror i with you', if you have any concems or questions please
give me a call,
Sincerely,
M N oh er, i rector
Kis 11 Parks and Recreation
Eno: Aspen Creek landscape plan
Tom Jentz, Kalizqpell Planning
Kalispell Bowser Creek Associates
C/o Thomas Dean & Hoskin
31 Three Mile Dr
Kalispell, MT 5990
FEE: Final Plat Approval
To Whom It May Concern:
Delivery for Bowser Creek Estates has been approved for Cluster Box Unit C U
deliverer in a turnout format. The developer ill provide three 16-unit C 's, one
outdoor parcel locker, and a 4 x 20-foot cement pad on Bowser Creek Drive. Please
see attached map for approved location.
Purchase of CBU's will be arranged one month prior to the first occupancy and
arrangements rude for delivery to the hair Post office on Meridian Rd. The Post
Office will install and then be responsible for the lock changes and maintenance of
the equipment.
Upon approval of the final plat through Kalispell Planning, a copy no larger than
I 1X1 showing addresses, will be provided to the Post Officer Please sign and
date the en losed Mode e of Deliver Fact Sheet Site Plan Agreement and include this
with the copy of the final plat you provide to the Post office.
If you have any questions regarding this matter, you may contact me at 55-0 5 .
Sincerely,
raet-�-
Susii Carter
Growth Management
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DECLARATION OF COVENANTS, CONDITIONS AND
RESTRICTIONS OF ASPEN CREEK ESTATES
THIS DECLARATION of COVENANTS, CONDITIONS AND RESTRICTIONS is r .ade
this day of 2.006, by Kalispell Bowser Creek Associates, LLC, a Montana
limited liability m, hereafter referred to as the "Declarant").
''FITNESS TH:
WHEREAS, Declarant is the owner of the real property known as Aspen Creek Subdivision
(the "Subdivision""), legally described on Exhibit "A"" attached hereto (hereafter referred to as the
"Property"), and hereby subjects the Property to the Covenants, Conditions and Restrictions(hereafter
referred to as the "Covenants") set forth in this document., each and all of which is intended ded for the
benefit of the Property and for each owner in the Property. These Covenants shall. inure to the benefit
of and pass with the Property and each Lot thereof, and shall apply to all Owners and their successors
in title,
NOW THEREFORE, Declarant having established a general plan for the improvement and
development of the Property, does hereby establish these Covenants .ts upon which and subject to which
all Lots and portions of Lots within said Property s a. l be improved or sold, and does hereby declare
that the Property is and shall 'e held, transferred, sold and conveyed subject to the Covenants
hereinafter set forth, all of which shall run with the land and will be binding upon all successors in title
of Declarants.
Article 1: Definitions
Section. 1. "Association"" shall mean and refer to Aspen Creek Estates Homeowners
Associatio ., which all be created to administer the Property subject to these Covenants and the
Bylaws of the Association, and shall continue to administer said Property.
Section 2. "Property"' shall mean and refer to that certain property described above, as may be
amended by annexation of future phases of the Subdivision.
Section 3. "Lot" shall mean and refer to any Lots or tracts within the above -de cli. ed
Property.
Section 4. " elfi Unit" shall mean and refer to any �uildin or portion ther of providing
complete independent and permanent living facilities for one family,
Section 5. "owner f.` shall mean and refer to the record owner, whether one or more persons or
eutines, of any Lot or tract which is a part of the Property, including buyers under a contract for deed,
but exel.dina those .virr such interest merely as security for the performance of an obligation. In
the event an owner is a corporation or other entity otter than a natural person., the owner shall
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS of ASPEN CREEK ESTATES Page
DRAFT
6/23/06
designate one at ral person in each calendar year, who, together with his or her family, shall be
the sole occupant of the Lot and any Dwelling Unit constructed on the Lot during that calendar year.
Section 6. "'Family" shall mean and refer to a natural person and his or her spouse, se, children,
grandchildren, brothers, sisters, parents, or significant other.
Article II: Membership
Every person or entity who is a record owner of any Lot, including buyers under a contract for
creed, shall be a member of the Association. The foregoing is not intended to include persons or
entities that bold an interest merely as security for the performance of an obligation. Membership
shall be appurtenant to and may not be separated from ownership of the Lot.. OwDership of such Lot
shall be the sole qualification for membership.
Article III; voting
All members shall be entitled to one 1 vote for each Lot in which they hold the interest
required for membership. When more than one person holds such interest in any Lot, the vote for such
Lot shall be exercised as such persons arnong themselves es letermine, but in no event shall more than
one 1 vote be east with respect to any Lot.
Article v: Assessments
Section 1. Creation of Personal and Lien obligations.
The Owner of any Lot or tract by acceptance of a deed or contract for purchase of any Lot
within the o e--ty, whether or not it shall be so expressed in said deed or contract, is deemed t
covenant and aurree to be a member of and subject to the assessments and duly enactedBy-Laws and
other rules of the Association. All assessments,, together with interest at a rate not to exceed the
highest .rate allowed y Montana law) as computed from the date the delinquency first occurs, late
charges, costs, and reasonable attorney's fees, shall be a charge on the land and shall be a continuing
lien upon the Lot against wbich each assessment is made, and the Association may file and/or record a
.lien against any Lot(s) for which there is a delinquency for amounts owed for assessment(s) against
any lots or owed by the Owner(s) of any , t s . Each such assessment, together with interest, late
charges, casts, and reasonable attorney's fees, shal.. also be the personal obligation of the person who
was the Owner of such Lot at the time the assessment arose, and his or her successors in interest shall
e jointly and severally liable for such .portion thereof as may be due and payable at the time of
conveyance.
Section 2. Purpose of Assessments.
The assessments levied by the association shall be used exclusively for the benefit of the
Assoe.latio , for purposes i clu ing 'but not limited to the following:
DECLARATION of COVENANTS, CONDITIONS ADD RESTRICTIONS OF ASPi-,-N CREEK ESTATES Page 2
DRAFT
6/23/os
a, Road maintenance and improvement or private internal roadways, Including snowplowing
erosion control, grading, gravefinor, maintenance of storm drainage and culverts, and
e ,eral repair and upkeep.
. Undererround utilities maintenance as required; except that individual Lot owners shall be
1.7
responsible for maintenance or underground utilities installed by theme.
c. Incidental expenses incurred by the Association such as legal fees, stationary, stamps,
mailing costs, etc.
d. Upkeep, maintenance ce and conservation or common. areas, including the eradication and
control of noxious weeds.
Section 3. Uniform Rate of Assessments,
Both annual. and special assessments for all Lots shall 'be assessed on an annual basis. Both
annual and special assessments must be a fixed uniform rate for each Lot regardless or since or use.
Each Lot shall be assessed an equal, faro-rata share or any special assessment.
Section 4..Assesses,
Assessments stall be annual. or special. Both the annual and the special (if any) assessments
stall be fixed periodically by the Board or Directors of the Association. Parent of al.l. assessments
stall be in periodic installments at such intervals as established by the Directors or the Association in
keeping it the -Laws thereof.
Section 5. Commencement of Assessments.
The initial assessment shall be $1. 5o ear per Lot, and may be increased or decreased by
Declarant during the Period or Declarant Control .s defined below). .After the Period of Declarant
Control, the Board of Directors shall fix the amount of each "annual.'I or "special." assessment against
each Lot. Written notice of the assessments stall to seat to every owner subject thereto. The due
dates shall to established by the Board of Directors. The Association may issue certificates setting
forth whether the assessments on a specified Lot have been paid. A reasonable dare may be made
by the Board for the issuance of these certificates. Such certificates shall be conclusive evidence or
parent of any assessment therein stated to have been paid. There shall to no assessments ents owed for
any Lot owned by Declarant until Declarant sells such Lot. Upon sale by Declarant, the purchaser
stall owe a pro rata sure or the annual dues that have been assessed for the year in which the purchase
takes place.
Section. 6. Nonpayment ssessmen .
.Any assessments or installment payments on assessments, which are not paid when due shall to
delinquent. If not paid within thirty days alter the due date, the amount shall hear interest from
the date of delinquency at the rate of TWELVE 1 % percent, per ann m. The Association may bring
are action at law to recover delinquent assessments, accrued interest, costs and expenses in connection
DECLARATION OF COVENANIS. CONDITIONS AND RESTRICTIONS OF ASPEN CREEKESTATESPage 3
CRAFT
6123/OG
with bringing a legal suit, including reasonable attomey tees, and may bring equitable actions to
foreclose assessment .lies against Lots.
Article V: Protective Covenants
The following Protective Covenants are designed to provide a uniform plan for the
development of the herein above described property and to insure the best use and the most appropriate
development and improvement of said property; to protect the Owners of the property against such
improper use of the property as will depreciate its value; to preserve, so far as is practical, the natural
beauty of said property; to guard against the erection thereon of structures built of .improper or
unsuitable material; to insure the highest and best development of said property; to encourage and
secure the erection of attractive homes thereon; to secure and maintain fro -peaty setbacks from roads
and adequate tree space between structures, and, in generalto encourage the development of said
property for country residential living and thereby to enhance ance the value of parcels of land and
improvements is made thereon by .purchasers of said land. All construction and development must
comply with all terms and conditions contained on the final plat.
Section 1. Architectural Review Committee.
The "Architectural Review Committee"' shall consist of the Board of Directors of the
Association, or a special "Architectural Review Committee" of at least three or more persons
appointed by the Board, at least one of who must be a member of the Association.
Section 2. Architectural Control.
All owners intending to construct any type of structure whatsoever upon any Lot shall first
submit their plans and specifications, in writing, to the Architectural Review Committee. No
structure, including but not limited to a fence or gate, shall be erected, placed, or altered on any Lot
until the construction plans and specifications along with the proposed site thereof have been approved
in writing by the Architectural Review Committee as to the quality of workmanship and materials,
harmony of external design with existing structures, and location of the structure with respect to
topography and finish grade elevation.
Section I Approval by Committee.
Approval or disapproval by the Architectural evie Committee must be in writing. In the
event the Committee falls to act within thirty days after the proposed plans and specifications of
any structure have been submitted, in writing, the pertinent provisions of this Declaration shall be
deemed to have been fully complied with,
Section 4..and Use.
A. Lot shall only be used for a si , .le fa ily or townhouse dwelling', and o ' usiness, trade, or
manufacture shall be conducted thereon, except for home occupations of a professional .nature that do
not increase traffic, noise or create a public nuisance. No motorized watercraft may be launched or
landed in any stream. Lots 39 and Ito, however, are Commercial Lots and are exempt from. the
DECLARATION OF COVENANTS,. CONDITIONS AND RESTRICTIONSOF ASPEN REE ESTATES Page
DRAFT
6123/06
provisions of these Covenants except for Section 25, below, which specifically addresses the
Commercial Lots.
Section 5. Subdivision of Property and aat' Reservations.
No Lot within Aspen Creek Estates may be further divided or subdivided, or any fractional
portion thereof sold or conveyed so as to be held in divided ownership. However, this shall not
prohibit property line adjstets 'between adjacent Lots, subject to approval by the association.
Declarant hereby .reserves the right to use the roadways within the Property for ingress and
egress for future access to adjoining properties to the east. Declarant. also reserves the right to add
additIonal .land to the Property, and bring additional Lots into the Association., at any time.
Section 6. Leasing of DwellingKnits and Lots.
(a) Definition. . "Leasing"' or "Renting"' for purposes of this Declaration, is defined as regular,
exclusive cc an of a Dwelling Unit or Lot by any person or persons other than the Owner for
which the Owner receives any value, consideration . or benefit, including but not limited to a feel,
service, gratuity, emolument, or consideration of any kind.
(b) Dwelling Units and Lots may be rented only in their entirety and to one family only; no
fraction or portion thereof may be .re ted. All leases shall be In writing. No Dwelling Unit or Lot may
e leased for less than one month.
Section 7. Building Type.
(a) No residential buildiDg shall be erected, altered, placed or permitted to remain on any Lot
other than sin .le family dwellings on s-Ingle family lots and townhouses on the townhouse lots.
All structures shall be constructed of Dery materials in place on the Lot. 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 as herein provided. No structures may be moved
onto or relocated on the property. The architectural Review Committee may, In .as sole discretion and
on a case by case basis, allow the use of portions of structures that have been newly constructed off
site.
(c) All primary structures shall have permanent foundations.
No house trailer, modular lar hone, mobile home or tent,, or any other prefabricated structure
designed to be hauled or moved on wheels, shall. be maintained on any Lot.
No structure shall have an exterior surface of tarpaper, vinyl siding, metal or cinder block,
except that asphalt shingles and colored metal may e used as roofing atena. s.
(f) Chimney design and construction for each dwelfing shall be such that it provides for and
contains a spark arresting device.
DECLARATION of COVENANTS, CONDITIONS AND RESTRICTIONS OF ASPEN CREEK ESTATES Page 5
DRAFT
s/23/os
(g) The exterior of a construction must be completed within twelve 12 months after
commencement thereof. The exterior of a dwelling must be completed before occupancy will be
permitted.
All house numbers will be visible from the road either at the driveway entrance or on the
house.
No renovations, remodeling, or alteratiODS in the exterior, roofing, or configuration of a
existing structure shall be commenced until plans for such changes have been approved in writing y
the Architectural Review Committee.
Section 8. Building Size of Dwelfings.
The ground floor of finished living area of the main structure, exclusive of open porches,
basements and garages, shall e not less than 1,00 square feet for single family homes and 800 square
feet for each side of a townhouse. The total square f otace for all above ground floor levels rust be at
least 1,500 square feet for single family homes and 1,200 square feet for each side of a townhouse.
The structures erected on Lot 1. thorough Lot 6, inclusive, shall be of one 1 story with a
daylight basement facing westerly.
Section 9. Setback Lines.
Setbacks for structures shall be measured from the eaves of the buildings, and shall be as
follows ith the exception of the zero lot line required to achieve the townhouse configuration):
Single Family
Lots
Front Yard:
20 Feet
Side Yard:
10 Feet
Rear Yard:
10 Feet
Side Corner:
Feet
Townhouse Lots
Front Yard: 20 Feet
Side Yard: 5 Feet
Rear Yard: 20 Feet
Setbacks for townhouses accessed via an interior street shall he measured from the edge of the
roadway. In addition, structures must he set back a minimum of 20 feet from the established
vegetation line of any creek.
Section 10. Fences.
Fences (including gates) will he permitted to provide privacy or safety for a play area., patio, or
pool. No fence shall exceed 6 feet in height, and must coyly with all rules and regulations of the City
of Kalispell. No fence or gate of any .bind, whether for privacy, safety or boundary purposes, shall be
constructed on a Lot until after the height, type, design and approximate location thereof shall first
have been approved by the Architectural Review Committee in writin . All fences and gates are to be
of natural. material and no chain link, metal or barbwire materials will be permitted, except for
orn.amen.tal. metal gates that have been approved by the Architectural Review Committee in writing.
DECLARATION OF COVENANTS, C ONDMONS AND RESTRICTIONS OF ASPEN f, CREEK ESTATES Page 6
DRAFT
6I23/Ob
However, security gates and fencing can e utilized only during a period o construction o residence
and may be excepted during the period of construction for a period not to exceed I year, if first
approved by the Architectural Review Committee,
Section 11. Trees.
The Architectural review Committee must approve the cutting down of trees greater than four
(4) inches in diameter, with the exception of clearing for a building site or driveway, improving timber
growth, enhancing building site views, and to control fire danger.
Section 12. Sewage.
No individual sewage disposal system shall be permitted on any Lot.
Section 13. Garbage.
All garbage cans used in connection with any dwelling erected upon the above -described
premises shall either placed in an enclosure completely screened from view, or if the dwelling has a
garage rather than a carport, the garbage may be let in the garage. No garbage cans shall be
maintained which are not or a suitable type and which do not have a. cover sufficient to prevent the
escape of any noxious odors from such cans. Proper prevention must taken to keep bears, dogs and
other animals from feeding from garbage cans.
Section 14. Refuse,
No part of the property shall be used or maintained as dumping ground for rubbish, trash,
garbage, unused automobiles or other wastes of an unsightly nature. No hazardous waste of any kind
shall be dumped or stored on any Lot.
Section 15. Vehicles.
No mobile homes, trucks exceeding 2 1.12 tons in capacity, trailers, or unsightly vehicles shall at
any time be parked or allowed to remain on any of said Lots or along roadways. Camper trailers,
RV's, pickup trucks carrying campers, campers for pickup trucks s not in -use, boats and boat trailers and
rotor homes will be permitted only if stored in a garage or stored so as not to . e an eyesore.
Section 16. Wildlife.
t is the intention of the Declarant to protect and encourage the abundant wildlife that exists i
the area and to encourage co -existence of man and animals, so to that end o hunting ing or trapping will
e allowed on any of the property.
Section 17. Nuisances.
No noxious or offensive activity shall be carried on or permitted upon any of the Property, nor
shall anything be done thereon . w icmay e or may become a annoyance or nuisance to the
DECLARATION OF CoVEI T , CONDITIONS ANDE TI I TION F ASPEN CREEK ESTATES Pale 7
DRAFT
5/23/pb
neighborhood-, nor shall the premises he used in any way or for any purpose which may endanger the
health or safety or or unreasonably disturb the residents of any Lot. outdoor barbecues are not
considered nuisances under this section.
Section 18. Pets, Animals, and Livestock,
Dogs, eats or other household pets are permitted, provided that they are not kept, bred or
maintained for any commercial purpose. All dogs must e leashed or fenced in., and not allowed to
create a disturbance or threat. No horses, livestock or other animals may he .kept on any Lot.
Section 19. Utilities.
Underground utilities are provided .long roadways. The Owner of each Lot shall pay all utility
connecting costs from their structure to the main utility lines.
Section 20. Water Ste..
Each Lot owner shall pay all costs of connecting to the municipal rater mains that are installed
along the roadways, and shall pay the costs of connecting eater lines from their structure to the mai.
water lire.
Section 2. Roads.
The Association steal.]. be responsible for maintenance or all private roadways within the
Property. Individual Lot owners shall. be responsible for maintaining their driveways.
Section 22. Homeowners Association.
The Aspen. Creek estates Homeowner" s Association Inc. shall he formed to provide for the
maintenance, repair and construction or facilities common to all Lot owners including, but .not limited
to private roads, storm drainage facilities and the common areas. It is required that all Lot Owners he
members of the Association, and pay all dues and assessments that are levied.
Section 2. Period of Declarant Control.
The Aspen Creek Estates Homeowner"s Association Tnc. shall he controlled by Declarant until
such time as Declarant has sold. all Lots in the Property. Alternatively, Declarant may turn control or
the .Association over to the Members at any time prior to selling all Lots if Declarant so desires.
During the Period of Declarant Control., Declarant may make and record any additions or chap ,es to
these Covenants as Declarant deems desirable, including but not limited to annexation of additional
phases to the Subdivision.
Section 24. Homeowner's Parks.
The common areas and homeowner's parks are for the use and enjoyment or all Lot owners,
and all owners have the ricrht to the concurrent peaceful and quiet enjoyment thereof. No owner or
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS OF ASPEN CREEK ESTATES Page
DRAFT
6123/06
their guests shall make such noise or commotion within those areas to create a nuisance. There shall
e no storage allowed by any individual owner within those areas, nor may any garbage or refuse left
there.
Section PW
2. Commercial Lots.
Lots 39 and 40 are Commercial Lots and are exempt from the provisions of these Covenants
except for this Section. The Commercial component or the subdivision shall not be developed until a
minimum of 50 or the subdivision has been occupied by the residents. The architecture or the
Commercial structures shall. be of a generally residential character with particular attention given to
internal access, low level lighting, adequate landscaping, unobtrusive sig .age and limited lours or
evening operation. .Any proposed Commercial structures shall be reviewed by the City of Kalispell
Site Development Review Committee.
Article v: Enforcement
Section 1. Interested Parties.
The Association or any Owner shall have the option and right to enforce, by any proceeding at
law or in equity, all restrictions, conditions, covenants, reservations and charges now or hereafter
imposed by the provisions of the Declaration. The method or enforcement may include proceedings to
foreclose assessment liens, proceedings to enjoin violations, proceedings to recover damages, or any
combination or proceedings. Failure by the Association or by any owner to enforce any such
provision shall in. no event be deemed a waiver or tl e 'rig t to do so thereafter. The prevailing party
shall be entitled to recover its costs and expenses in connection therewith, including reasonable
attorneys Fees.
Section 2. Seerity.
Invalidation of any one of these covenants or restrictions by judgment or court order shall in no
way affect any other provision, which shall remain in full force and effect.
Article VH: Term
The provisions of this Declaration shall be binding for a term of twenty years from the
date of this Declaration, after which time the Declaration shall be automatically extended for
successive periods of ten 1 years unless amended pursuant to Article V111 herein.
Article v i : Amendment and Annexation
After the Period or Declarant Control, this Declaration may he amended by a two-thirds 2
vote or the membership and by recording an instrument signed by the President of the Association
certifying that the Owners of at least two-thirds 3 of the Lots have voted in favor of such
amendment, and with the approval or the Board or County Commissioners. Such amendments may
include the annexation of additional. property .into the Association..
DECLARATION OF COVENANTS, CONDITIONS AND REs'rRICTIONS of ASPE N CREEK ESTATES .TEPage 9
DRAFT
ciz3ioc
Article .SIX: Construction and Binding Effect
These Covenants shall be construed pursuant to the laws of the State of Montana and shall be
binding -upon. the heirs, successors and assigns or Declarant and al. Owners. Time i of the essence i
comp. 'lying 't i theseCovenants. TheseCovenants should e broadly construed to accomplish their
intended purpose to promote a 1(y quality development in harm.ony with its surroundings and the
natural e viron.nae t.
N WITNESS WHEREOF, Declarant has executed this Declaration the da.y and year first
move written.
Kalispell Bowser Creek Assoclates, ITC,
a Montana limited fia flit r company
y: V I, Inc.. a California corporation,
I
ts manager
By:
Name -
Its ..
STATE OF CALIFORNIA
COUNTY OF SAN F AN I
On r before me, , a Notary Public in and for said County and
State, personally appeared _. x personally known to me (or proved to me on the
basis of satisfactory evidence) to be the person(s) whose name(s) is/areis/are subscribed to the within instrument and
acknowledged to me that he/she/they executed the wine in his/her/their authorized a a ity(i , and that by his/her/their
is natures on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument.
WITNESS S ray hand and official seal.
Signatore of Notary
'or notary seal or stamp)
DE IIAI ATIO off" COVENANTS, CONDITIONS AND RESTRicnONS Off• A. PIEN CREEK ESTATES Page 10
DRAFT
6/23/06
EXHIBIT "A""
L l Description
DE L.ARArFf N OF COVENANTS, CONDMONS AND RESTRICTIONS OF ASPEN CREEK ESTATES Page I I
Federal Emergency Management Agenc'y
vas into , D.C. o
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
The Honorable Howard W . Gipe
Chairman, Flathead County
.Board of Commissioners
800 South Main Street
Kalispell, MT 59901
Dear Mr. Glee:
NOV 2 4 2004
14
2
ENT REPLY REFER O:
Case gyros.:-0-02P,--or,rr
and o-o-
Community Name: Flathead County, M
Co ununity No.: 300023
Effective Date o
140V 2 4 2004
This Revision.
The Flood Insurance Rate Map For your community has been revised by this Le ter of Map Revision.
OM . Please use the enclosed annotated map panel(s) revised by this LOMR for floodplain management
ment
purposes and for all flood insurance policies and renewals issued in your cow .nity.
Additional doc mt are enclosed which Provide 1-a-flormation regarding this LOMR. Please see the List o
Enclosures below to determine which documents are included. other attachments t specific to this request
may be included as referenced in the DeteiTm4 a ion Document. If you have any questions regarding
flood lain management reg-rulatlo s for your conmiuni y or the National `food Insurance Prograr. NFIPi
general, please contact the ConsultaLlon Coordination officer for your corxunty. Ify .ave any
technical questions regarding this LOM , please contact the Director, Federal Insurance and Mitigation
Division o the Department o o�z la d Security's Federal Emer e ey Management Agency aMA) in
Denver, Colorado, at 03) 235-4830,, or the FEMA Map Assistance Center toll free at1-877-336-2627
I -- MA MAP). Addiio l infonnation about the NFIP is available on our website a
Sincerely,
C 000�
evi C. Long, CFM, Pro ect i0ne r
Mitigration Division
Emergency Preparedness
and Response se Directorate
List of Enclosures
Letter of Map Revision Dete=-na ion Document
Armo ated Flood Insurance Rate Map
cc: Mr. Forrest Sanderson
'food lain Administrator
Flathead County
Mr. ad Engel, P.E.
Project Engineer
.Paul J. Stokes & associates, Inc.
Mr. William D. Boger, P.E.
Tomas, Dean & Hoskins, Inc_
For: Doug Bellomo, P.E., CFM, Chief
Hazard �€ ti i atI Section
Mitigation Division
Emergency Preparedness
and Response Directorate
Mr. Doug Johnson
Mr. r. Charles Lapp
Mr. Russell Purdy
--- ........................
Dios.. 0-0-0.P.
Page I o 4 Issue Cate: NOV 2 20QJEffective Date: NOY 2'4 2404o- -o � L 1 -APP
Ana n�.=Wn
.................................. -
A_R TAf
Federal Emergency Managemeiit Ageney
A
LETTER OF MAP REVISION
DETERMINATION DOCUMENT
COMMUNITY AND REVISIONINFORMATION PROJECT DESCRIPTION BASIS F REQUEST
T
Flathead County CHANNELIZATION NEW TOPOGRAPHIC DATA
Montana CULVERT HYDRAULIC ANALYSIS
COMMUNITY(Unincorporated Areas HYDROLOGIC ANALYSIS
COMMUNITY O.. 300023
- - : Blue Heron Estates APPROXIMATE LATITUDE & LONGITUDE: +48.2115 -114.3567
IDENTIFIER 0 -08- 4 : Purdy Development SOURCE: USGS QUADRANGLE DATUM: NAD ,
r'- - 3P= Doug Johnson Development -
Unnamed Tributary to vest Spring Creek —from the confluence with West Spring Creek to approximately 31,000feet
FLOODING SOURCE(S) upstream of Three Mile Drive
.III REACH(ES)
West Sprit reek — from approximately 3,400 feet do nstrearn to approximately 2,500 feet upstream of Three Mile ["Iry
SUMMARY OF REVISIONS
Unnamed Tributary to West Spring Creek West Spring Creek
Effective Flooding: Zone A
,Revised Flooding: Zone A
Increases: NONE
Decreases: YES
FE — Base Flood Ele atlon
ANNOTATED MAPPING ENCLOSURES
Zone A
Zone A
1
YES
ANNOTATED STUDY ENCLOSURES
TYPE: FIRM* NO.. 300023 1805 D Date: September 30,1992 1 NO REVISION TO THE FLOOD INSURANCE STUDY REPORT
" FIRM — Rood insurance Rate Map- ** BFM — Flood Boundary and Flood r y Map; ` FH 5M — Flood Hazard Boundary map
DETERMINATION
This document provides the determination from the Department of Homeland Security's Federal Emergency Management Agency FE A)
regarding a request for a Letter of Map revision LONI for the area des r ed above. Using the information submitted, we have
determined that a revision to the flood hazards depicted In the Flood insurance Study F S report and/or national Mood Insurance
i ro rar NFI map is warranted. This document revises the effective NFIP map, as indicated in the attached documentation. Please
use the enclosed annotated map panels revised by this i... l it for floodplain management purposes and for all flood insurance policies and
renewals in your community.
This determination is based on the deed data presently available_ The enclosed documents provide additional information regarding this determination- It
you have any questions about this document, please contact the FENIA flap Assistance Center toll free at - 77- - 7 1- 77-FEMA MAP or by fetter
addressed to the LOMR Depot, 3601 Eisenhower Avenue, Alexandria, CIA 22304. Additional information abort the NFfP is available on our website at
tt :/1yyw-ferna. oy/ fb,
Kevin _ bong, CFM, Project Engineer
Hazard identification section 102426 D,A04080223 102D
Mitigation Division 102426 D.A040o 0 102D
f r n y Preparedness and Response DitectoTate I D2426 D.A0 o} 102D
w
ase Nos.: --P,
Page Z of 4 Issue Dates � ► tiv Dates 0 - - P,
and 04-08-0663P
nt Federal EmergencyManagement Agency
,gVD -
LETTER OF MAP REVISION
DETERMINATION DOCUMENT (CONTINUED)
COMMUNITY INFORMATION
APPLICABLE NFIP RE GULATIONS/COMMUNITY OBLIGATION
Lk,1Mi - R P
We have made this determination pursuant to Section 206 of the Flood Disaster Protection Act of 1973 (P.- - and in accordance
with the National Flood Insurance Act of 19 6 8. as amended d(Title XI 1 of the Housing and Urban Development A.ct of 19 6 8,
P.L. 9 - s , 42 U.S,C, 4001-4128, and 44 CFR part 65. Pursuant to Section 1361 of the National Hood nsura ce Act of 1968, as
amended,
ded, communities participating n the NFIP are required to adopt and enforce floodplam management regulations that meet or
exceed NTIP criteria. These criteria, including adoption of the FIS report and FIRNT, and the modifications made by this LOMR7 are the
minimummirlimum requirements for continued NFIP participation and do not supersede more stringent Sato/Commonwealth or local
requirements to which the regulations apply.
NFIP regulations Subparagraph . b requires communities to ensure that the flood. -carrying capacity within the altered or relocated
portion or any watercourse is maintained. This provision is incorporated into your community's existing g rl odplain management
ordinances; therefore, responsibility ,for maintenance of the modified ed channel and culvert rests With your connnunity, We may request
that your community submit a description and schedule of charnel and culvert activities.
COMMUNITY REMINDERS
We based this determination on the I -percent-annual-chance discharges computed in the submitted hydrologic model. Future
development of projects upstream could cause increased disc r es, -%vbicb could cause increasers flood .hazards. A comprehensive
restudy or your ommun.ity"s flood hazards would consider the cumulative effects of development on discharges and could, therefore,
indicate that greater food hazards exist in this area_
Four conununity must regulate all proposed foodplain development and ensure that permits required by Federal and/or
State/Commonwealth law have been obtained. State Commonwealth or conunur ty officials, based on knowledge of local conditions
and in the interest or safety, may set higher standards for construction or mav limit development in foodplamn areas. If your
State `ommonwealth or commu .ty has adopted more; restrictive or comprehensive oodplain management criteria, those criteria take
precedence over the minimum NFIP requirements.
We will not print and distribute this M . to primary users, such as local insurance agents or mortgage lenders; instead, the community
will serve as a repository for the new data. We encourage you to disseminate the information in this LOMR by preparing a news releas
nor publication in your community's newspaper that do crib the re ision and explains .how your community will provide the data and
ielp interpret the NTIP maps. In that way, interested persons, such as property owners, insurance agents, and mortgage lenders, can
)ene t from the information -
'his determination is based on the flood data presently available. The enclosed documents provide additional information regarding this determination_ If
ou have any questions about tNs documerit, please contact the FEMA Map Assistance Center tail free at 1- -3 1- -F AMAP) or by letter
ddr ssed to the LOMR Depot, 3601 Eisenhower Avenue, Af nd(Ja, VA 22304. Additional inf ati n about the NFIP is availableon our website a
ttt : W",d . o /ffi.
J
Kevin _ Long, CRA, Project Engineer
Hazard Identification Section
Mlfigafion Division
Emergency Prpred*iss and Rem
10226 D-A04080223 10
102426 D.AD4.080450 102D
se, Dir ctDrat ............ 102426 D.A0 o o 0 D
f �s Nos,: T08-0,
'Page 3 of 4 issue Date: NOV 2 4 1- Effective Date: NOV 2 4 2-004-08-045OP3
and -8-P
. Federal Emergency Management Agency
Washington, D.C. 20472
ND S
LETTER OF MAP REVISION
DETERMINATION DOCUMENT (CONTINUED)
Cfl1V1CIttUN1TY INFORMATIUN (CONTINUED)
LOB -PP
We have designated a Consultation Coordination Officer CC to assist your community. The CCO will e the primary liaison
between your community and FEMA. For in `orn ation regarding your CC , Tease c ntact:
W Robert Ives
Acting Dixector, Federal Insurance and Mitigatim Division
Federal Emergency Management Agency, Region
Denver Federal Center, Building 710
P.O. Box 25267
Denver, COs - o 7
33 3-3
STATUS 'US F THE COMMUNITY NFIPMAPS
We will not physically revise and republish the FIRNI and FIS report for your community to reflect the mods. cations made by this
M. at this tine_ When changes to the previously cited FIRM panel and FIS report want physical revision and republication in the
future, we M_11 incorporate the modifications made by this LOMR at that tire.
Fhis determination is based on the flood data presently available. The enclosed documents provide additional information regarding this determination- If
;au have any questions about this document, please contact the FEMA Map Assistance c Center toll free at 1 T 7- -2677 1-- -FEi MAP) r by letter
addressed to the LOMR Depot, 3601 Eis enhower Avenue, Alexandria, VA 22304. AdditfonaI information about the NF1P is a a ifa bte ors our website at
Kevin C. Long, CF I, Project Engineer
aiaTd lden-Ufi�tion Secfion 102426 D.A040B0223 1 2
Mitigation Division 102426 0 1 2D
Emergt2cZ..Preparedness and Response Directorate 102426 D-A04080663 10
'ise Nos.: 04-08-0223P,
`Page I u Date: ��� effective Date: NOY � � #� - - 4 Y � � �� �
d 4-0 -
kR
OEM. Federal Emergency Management Agency
T i-nton, D.C. 2
LETTER OF MAP REVISION
DETERMINATION DOCUMENT (CONTINUED)
PUBLIC NOTIFICATION OF REVISION
This revision is effective as of the date of this letter. Any requests to review or alter this determination should be made within. 30 days
and must be based on scientific or tell data..
This determination is based on the flood data presently availabfe. The enclosed document's provide additional information regarding this determination, If
you have.,have.,a ny questions about this document, pease contaot.the FEMA Map Assistance Center toll free at 1-- 7-33 - . 1- 7 -- E MA MAP) r.b r letter
addressed to the LOMR Depot, 3601 Eisenhower Avenue, Alexandria, VA 22304. Additional information about the NFJP is available on our w bsite at
-1tjPJ/WW _ e _go ]n P_
Key.}in C. Long, , M, Project Engineer
Hazard IdentificaVan Section 102426 D_AD40o 1 2
Mitigaflon Division 102426 D.A04080450 1 o
mer envy Preparedness and Response DireGtorate 102426 .A o 3 102D
MAP LEGEND
Rovised 100--Year Floodplai
APPROXIMATE SCALE IN F EF--�.
M Departmentt f Trans p xa �
....................................................................................................................................................................................................................................................................................................................................
f-
KalispellArea Office
85 Fifth Avenue East North
PO Box 7308
Ki�z MT 59904-0308
July 11, 2006
Kalispell Bowser Creek Association
e TIC&
31 Three Mile Drive
Suite 1
Kalispell, MT 59901
Subject: rack Permit Extension
S 424 MP 0.65
Your request for an extension of your approach permit has been reviewed and granted.
This extension is valid until October 1, 2006. Please give me a call when the approach is
completed to arrange a final inspection.
If you have any questions please contact me at 751-2014.
Sincerely,
Clay Colby
Maintenance Superintendent
CLC cles 2 - . 5
copies: Steve Herzog
Dennis Oliver
Area File
Fax: (40 ' 2- e 'age: www. r d . state. mt u
CONSENT TO PLATTING
Pursuant to Section-3-612, MCA, the undersigned,
WELLS FARGO BANK, National Association, as Beneficiary,
of Deed of Trustl Trust Indenture, as recorded July 26, 2005,
,
Instrument N. 2005-207-1217-0 of Official Records of Flathead
County, Montana,
Hereby consents to platting and dedication of land Included
Plat of ASPEN CREEK SUBDIVISION - S 1
Dated: 6 °` , a�
S TE OF CALIFORNIA §
COl1NTY AN FRANCISCO §
WELLS FARGO BANK,
National .sin
Y1.................
Nam
its
On . before me, a Notary Public in and for said County
and State, personally apere Personally known to me or proved t
me on the basis of satisfactory evld a the person(s) whose names,) ire subscribed to the within
instrument and acknowledged to m that e t eay executed the same in his/her/their authorized lty(i , and
that y hi er eir signature(s) ors the rostra e person(s) or the entity upon behalf of which the person(s)
acted, executed the in r € t.
WITNESS ray hand and official seal,
Signature of Notary
(For notaryor stamp)
STATE ALIFORNIA
COUNTY OF San Francisco ss.
On June 23 _�. . 2006, before rye, Nellie ..dose, Notary Public, personally
appeared
Jahn S. K uh
personally known t r proved to rye on the basis of satisfactory evidence) to be the
person whose n r iafe subscribed to the within instrument and acknowledged to me that
ls4eA+tey executed the same in hisauthorized cpcityl, and that by hiss
signature(s) on the instrument the on s t or the entity upon behalf of which the person(s)
acted, executed the instrument.
WITNESS my hand and official sea),
}
Signature (Seal)
C*mMbkM # 14MM
" "Okuy pubft _ CONOMIC
Son hanewo cvu*
MVC0Wdnr &0M 0ftt ►�
Plat Room
Flathead County, Montana
800 S. Main St;
Kalispell, MT 59901
(406)758-5510
This Fora is for Subdivisions & Condominiums Only
THOMAS DEAN & HOSKINS
BY:
FOR: KA ISPELL BOWSER CREEK ASSC LLC DATE: 10 i2 0
SCP: ASPEN CREEK SUBDIVISION PHASE I PURPOSE: PLAT
hereby certify that there are no outstandingtakes on the property
assigned the assessor numbers listed above, for the years indicated for
each assessor number.
Deputy Treasurer
(seal)
DIMENSIONS FOR TOWNHOUSE 19B 19A
ACCESS & UTILITY EASEMENTS'
f' 22A ' �� "r 03 L76
20A .B
208
f. 23A248
f,
4 I i x\
24A
26A �XY
f
r 28B �.
ti� r
l 1 f
♦ � f
U 50" 1 oo, 150"
L^I
S C A L E
CURE TAME
cum
LENcnm
Rmus
bau
c"m
cHoRo sEARimG
C48
14.55'
140.00'
5'57'15"
1444
N43`19'25E
C49
12.19'
140.00*
WK9'19
12.19
WU 51 OT
cso
12.01'
3-26.26'
12,61
r51
3.76
2 .W
3'5 30
13.7
ff��
PLAT OF
ASPEN CREEK SUBDIVISION� PHASE
LOCAnD Pf TM NOM?FAST QUAffM CW TM & QUAKM CW W
TOWNSW 28 PbOfTM FAAW n VMST, PJOC FLAMVJW 00UWY, MW
N89'56138" W 2615,99'
T H R E E M I L E D R.I
8 '54'57T 475.22'
419.32' 165.51•s' - W $59' 5'39" E 521,62'
4W come.
� A
a _ *tea y�r� * F R I TI A. A A + V ,tea �
:-, � } ' P iV�iN!'Si. 1"} .490 AC P #fit #
N6s+7'471 sx 4 ' i ,as4 ►c. - 20A 18B '*
*�• toy �° �- �1
.093A AC
21
Vy
HOMEOWNERSARK NO. 1 �} � �, � �� �c. � �aa•��'« i F s$a'��•� � - �
v �.I6 2.510 A , � °ski x r �„ � 0,82' _ 6
vy trs A
� 75 AC+� 120B cm
Z,.
A 29 AC. 1731_92Ya1
el ta
41 -_� A 21 * '- `'fir ��;+ 4€1 -- 05' _ __ /
:. 4 ' �. 5 s�
+192 AC.
248
{�'+^ + .155 AC.42
t ,�-• 51�' �t3'33' 1.
37
1 1
181 AC. `+ er,� IA +' .168 A,
+* " t + A .CBE) r C. t 1 � .195 AC.
k .178 AC. 1 t 83,4 r + 104 Oil . a. , *�` .'Ila# ' P t 1 7
� � •fir.0-
�205 `SOW0745
ftm"# 77.89- 135 + - s1' . d 126 L27 _ a
°*
N67"26'32 LIFT ETA .211 A+ ,� � %'. r 235 AC.
er'
(NOT 1A PART)
11,540 AC.
SaJ'3o'56"w 7:91,7 `
WEST VIEW DRIVE
L.. E T R A C T
4
134 + ;+} p'+y y f
S # V!
145,;,J
�y7T
at
_
/
14 A.
2 7 AC.
;t,D• }
27
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7#2 14 A
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LA
1 ,k 14 rm
J77 140.
yak � � �`
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272 1�/■y � �
-� 1 NI,1i
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+ 186 AC-
Y �}
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fSL Lwt 4 #5i
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SIB
29 Lp
o ,171 A.
i 58 1.
2
o 10
r} Oram. Q�e. , / .160 AC.
{{jjhh \
271
<01
46 k
PMK f
ir}TTT
Sr.#V�
L.
n i
2. # 9 A Y" Cal
`fir ' .207 AC.
275 AC.
.20.3 AC.
•Y+
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SIyya�p
5 i i
4533
NY
\ t
247
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4 }
'�' 179 AC. '
'. "
LOT 33
HOMEOWNERS LOT 38
P H A S E 2
PAC !
m
tv
T I A 4
. 0. & I f
ASPEN CREED SUBDIVISION
PHASE I
(FORMERLY KNOWN AS
BOWSER CREEK)
LANDSCAPING
PLAN
0 50' 100' 150'
I1,111 1 1
S C A L E
NOTE: PATHS IN HOMEOWNERS'
PARK AREA SHALL BE 5' WIDE
COMPACTE❑ J" K41NUS GRAVEL.
ONE (1) PLAYGROUND
COMBINATION UNIT WILL BE
INSTALLED IN THE RECREATIONAL
AREA WITH FOUR (4) BENCHES.
THE GRASS AREA IN THE
RECREATIONAL LOT WILL BE
IRRIGATED.
143 TREES TO BE INSTALLED.
TREE SIZE AND VARIETY TO BE
PER CURRENT APPROVED LISP`
AS PRODDED BY THE CITY OF
KALISPELL PARKS AND
RECREATION DEPARTMENT,
TWO (2) BRIDGES ARE SUBJECT
TO DNRC/COUNTY CONSERVATION
DISTRICT APPROVAL.
FREES TO BE INSTALLED AFTER
rEMPORARY CUL-DE-SAC IS
kBANDONED.
ult 7 oi'Kali'spell
Planning Depaftment
FINAL PLAT APPLICATION
Project S .l'sio Name: Aspen Greek - Phase 1 (Bowser Creek Estates)
ContactPerson:
William D. Boger, P.E.
Address; Thomas, Dean & Hoskins
31 Three Mile Drive, Kbel, MT 591
.406.751.5246
Phone No.
ovmr & Mailing Address:
Kalispell Bowser Creek Assoc., LC
121 Spqp Street Suite 250
San Francisco, CA 915
Date of Preli-minary Plat Approves: July 6, 2 - Resolution 4906
Type of Subdivision: Residential X Industrial -Commercial � UD � Other
Total Number of Lots r Subdivision. 2
Land in Project (acres) 1 9.227
Parkland (acres) 3.00
No. of Lots by Vie*
Single Family 32
Duplex
Commercial 2
Cash -in -Lieu $_ NIA
Townhouse 18 .. Mobile Home Park
Exempt
Apartment Recreational Vehicle Park
Industrial Planned Unit Development 52
Co omL'M'Multi-Family Other
Legal Description of the Property Portion of Tract 2, C.O.S. 15888, Sec 1 � T2 N, R22
FILING FEE ATTACHED 6,160.00
Minor Subdivision with approved prehminary plat $400 + $100/lot
Major Subdivision with approved elir m' ary plat $650 + $100/lot
Subdivisions with Waiver of Pre inary Plat $600 + $100/lot
Subdivision Improvements Agreement $ so
Attache. Notcable MUST CHECK 0
X Health Depart e xt Certification (Ofigm*al)
Title Report(Original, not more than 90 days old)
Tax Certification (Property taxes must be paid)
X Co se t f s to Flat (Ofiginals and notarized)
Subdivision Improvements Agreement(Attach collateral)
Parldand Cas -lea-Lie (Check attached)
A Maintenance Agreement
Plats: l opaque OR 2 mylars
I mylar copy 1 signed blueline
l elves 4 ll .ehnes, unsigned
1 1X1 7 Copy 11X17 Copy
The plant must be signed y aU owners of record, the surveyor and the exa .mmg land surveyor.
Attach a letter, Which fists each condition of preinary plant approval, and individually state how
each condition has specifically been met. in cases where documentation is required, such as a
e .gi eer s certification, State Department of Health. certification, etc,, original letters shad be
submitted. la net statements stating, for example, 'all improvements are in place" are not
acceptable.
complete fmal plat application must be submitted no less than 60 days prior to expiration slate of
the preliminary platy
When all, application materials are submitted to the Kalispell. Planning epartme�nt, and the staff
mds the application is complete, the staff wiU submit a report to the governi g 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 govern .i.g body for
approval. Changes to the approved preliminary plat may necessitate reconsideration by the
planning board.
I certify that aU information submitted is true, accurate and complete* 1 understand that
incomplete Mformation wiJ1 not be accepted and that false information will delay the application and
may i vahate any approval. The signing of this appheation signifies approval for Kahspell Planning
staff to be present on the propel for route monitoring a inspection during the approval and
development process*
**NOTE: Pleasbe advisedthat the County Clerk Recorder requests that all subdivision
final plat applications be accompanied nth a digital copy.
S
Owner(s) Signature `� Date
A digital copy of the final plat in a I avvm'g Interchange File X format or an AutoCAD Me
format, consisting of the following layers:
L xter .or boundary of subdivision
2* Lot or park boundaries
I Easements
. foals or rights -of -way
S. A tie to either an existing subdivision corner or a comer of the public land survey systems.
SIGNATURE IMAGE TO FINALLA APPLICATION
ASPEN CREEK - PHASE I
Kalispell Bowser Creek Associates, LC,
a Montana limited liability company
By: VP1, Inc., a Califomia corporation,
i t s Manager
y• __ ..-- ate
."uJ"LA
Nam.: � L.Tirru
Its;
TICOR TITLE INSURANCE COMPANY
Policy No. 7403078,o
GUARANTEE
TICOR TITLE INSURANCE COMPANY, a California corporation, herein called the Company, guarantees the
Assured against actual loss 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.
1. No guarantee is given nor liability assumed with respect to the identity of any parer named or referred to In
Schedule A or with respect to the validity, legal effect or priority of any ratter shown therein.
2. The Company's liability hereunder nder shall be limited to the amount of actual loss sustained by the Assured
because of reliance upon the assurance herein set forth, but in no event shall the Company Is liability
exceed the liability amount set forth In Schedule A.
PEASE NOTE CAREFULLY THE LIABILITY EXCLUSIONS AND LIMITATIONS AND THE SPECIFIC
ASSURANCES AFFORDED BY THIS GUARANTEE. IF YOU WISH ADDITIONAL .IA ILIT'Y, OR
ASSURANCES OTHER THAN AS CONTAINED HEREIN, PLEASE CONTACT THE COMPANY Y FOR
FURTHER INFORMATION AS TO THE lAI .A ILITY AND COST.
Dated:
Authorized na ry
T C R TITLE INSURANCE COMPANY
FPresident
B
-
9"9R0
Aftest
n secretary
o.
tik
Reorder Form No.(Reprinted 12/00)
Miscellaneous ar me Face Page
For Use In Montana & Washington
CERTIFICATE OF PLAT
Guarantee No.: 740'.31017 8-11 I2_ Order No.: 2 0 6 06 0 "5 1. 7 511)
Liability: $1,000.00 Fee: .00
Effective Date of Guarantee: May -2' 3, 2006 at 7930 AM
The Assurances referred to on the face page hereof are;
That, according to the Company's property records relative to the following described real property
(but without examination of those Company records maintained and indexed by name):
-aceast quarter of Section 1.1, Township 28 North, Ranoe
t. of 1,and ocat led M the Northeast art
que-.r of the North I I
XN`eka, PrincipaVIVIerldian, Montana, Flathead County. Montan.a., behify More par I
I I t'cularlv described as follows:
WTortesI
C"onmiencing at the Northeast corner of the Northeua ast qrter of the iat quarter
ot'Section 1.1, Township 28 North, Range 22 West, Principal Meridian, Montana;
thence
South 04`54`29"" Westalong the East line of s:dld quarter., qwgarter section, 59.94 feet to
I -lie Northeast corner of Tract 2 of Certificate of Stir vey No. 15888, records offlathead
ng
Can ounty,d the Point ofBeginin . thence
So n th 04'ZI-11 2 * 2 7" We along th e E a st bou ndary of said tract. 1127.29 feet to the So utheast
c(.-�rne-r of sald tract: the -nee
South 89*30"56" We�st along the South boundary of said -tract, 474.71. feet: thence
N"®rt-th 35'_3'3`34'.` East 49.44 feet; thence
North _--'94'3V4Y' East 69.,52 feet; thence
Nov'325" West 108.46 feet: thence
North 3ast 2.,2.50 feet9. thence
North ):5,'28*'07" West 5QU.93 fect; thence
North. 515'02'35)" West 78.92 feet; thence
Norig-herly along 1�i non -tangent curve. concave to the West. havincy a rafflus of 180-00 feet, a
to) ttp
ceiitral angle of 09'02'23"", a chord bearling of North 01'31`09" West. and a chord distance
of2S.37 fi-_�et, an are Jength of 28.40 fe-et- thence
North 06'0V20"' West 272.97 feet; thence
sout 50 25 West 60.36 feet,- thence
almig a non -tangent curve. co cave to the South-�vest, having a radius of
a
'100.00 reet, a cen tral anoles of-152'] Y05"', a chord belR ring of North 33'00'2 V West a nd a
cord distance of 88�02 feet, an are lencyth of 9L,14 feet-, thence
North 1*59'06'52" West 4330 feet; thence
Northwesterly along a tangent curve, concave to the Northeast., having a radhis of 170.00
ect and a central antrie of 30'29�38", an are length of 90.48 feet; thence
n 2.1.N
Norih 87'26�32" West 177.89 feet to a poInt on the westerly boundary of said Tract.22,
I
4� A
'16" East along sakd boundary, 64.06 Feet* they
N--n-d- 117�`4`58" E�'ast aloncy said boundary, 3745.21 feet to the Northii.,est corner of said
�19 i I �JL I !�
:,Fraet'n thence
North 89'54"n"17" East along the North houndary of said tract, 475.22 feet; thence
South 0,5`50 9 17" East alo n<; said bou nd ry, 12.03 feet-, they
So- u t h 80'_1511S"39" East aloncy said botandarN-f. 521.62 feet to the Point ofBeginfling.
The abm,--e deseribed tract of land as designated and -to be known as Plat of Aspen Creek. Subdivision —Rhase I ,
Title to said real property is vested in: Kalispell Bowser Creek Associates, LLC
CERTIFICATE of PLAT
Order No: 206 0 7
Policy No: 0: 8-1.1 1
SCHEDULE B
EXCEPTIONS:
1. Taxes or assessments which are not shown existing liens by the records of any taxing authority that levies taxes
or assessments on Real Property or by the public records.
. Un.pat nted mining claims; reservations or exceptions in the United States Patents or in Acts authorizing the
issuance thereof; water rights, claims or title to water.
3. Title to any property beyond the lines of the real property expressly described herein, or title to streets, roads,
avenues, lanes, ways or waterways on which such real property abuts, or the right to maintain therein vaults,
Funnels, ramps, or any other structure or improvement; or any rights or easements therein unless such property,
rights or easements are expressly and specifically set forth in said description.
. Taxes, including any assessments collected therewith, for the year 2006 which are a lien not yet payable.
5. Rights of the State of Montana in and to that portion of said premises, if any, lying in the bed or former bed of the
unnamed creek, if it is navigable.
. Any question of location, boundary or area related to the unnamed creek, including, but not limited to; any past or
future changes in it.
7. Any prohibition or limitation on the use, occupancy, or improvements of the land resulting from the rights of the
public, appropriators, or riparian owners to use any waters, which may now cover the land or to use any portion of
the land which is now or may fon-nerly have been covered by water.
. The right of the public to use, for recreational and navigational purposes, any portion of said premises lying
below or beyond the high-water line of unnamed creek, or lying below or beyond the government meander line,
together with the right to use any portions of said premises lying above the high-water line to portage around any
barriers.
. Terms, provisions, covenants, conditions, definitions, obligations, reservations and restrictions, contained in
Document:
Purpose: a perpetual easement and right to the land... for the purpose of repairing or reconstruction or improving
said well, reservoir, ditches and pipes...
Recorded: October 17, 1907
In Book 90 page 13 1, of Official Records.
10. Easements} reservations, restrictions, notes and dedications, as shown on Certificate of Survey No, 15
recorded November 7, 2003 Instrument No.. 003-311-1301-0, of official Records.
1 l . An easement for the purpose shown below and rights incidental thereto as set forth in a document.
Granted t: K.C. Dors.
Purpose; Shared Private Road access & Utility Easement as shown on Certificate of Survey NO. 15888.
Recorded: November 7, 2003.
Instrument/File No. 0 3- 11-13 2-0, ofofficial Records.
CERTIFICATE of PLAT
Order No: 2060605175
Policy No: 7 _ 8 - 1.1 2
12. Terms, provisions, covenants, conditions, definitions, obligations., reservations and restrictions, contained i
Document:
Purpose: Petition to Annex and Notice of Withdrawal From Rural Fire District
Recorded: July 15, Zoo
Instrument No.: o -1 -10 -0, of Official Records,
13. Terms, provisions, covenants, conditions, definitions, obligations, reservations and restrictions, contained in
Document:
Purpose: Resolution No, 4905 A Resolution to provide for the alteration of the boundaries of the City of Kalispell
y including therein as are Annexation certain. Real Property
Recorded: July 15, Zoo
Instrument No.: 00 -19 '--10 -0, of Official Records.
14. A Construction Deed of Trust With Absolute Assignment of Leases and Keats, Security Agreement and Fixtures
Filing to secure an indebtedness in the amount show below and any other obligations secured thereby:
Amount: $ , 0,000.00.
T ustor -rar tor: Kalispell Bowser Creek Associates, LLC, a Montana limited liability company,
Trustee: Citizen's Title & Escrow Company.
Beneficiary, Wells Fargo Bank, National Association.
Dated: July 11, 2005
Recorded: July 26, 2005.
Instrument o.: 200-20 -1 1 -0, of Official Records.
15, Easements, reservations, restrictions, rotes and/or dedications as shown on the unrecorded plat o.f .Asp.n "reek
16. Terms and provisions of State of Montana, Department of Environmental Quality, Certificate of Subdivision Plat
.Approval, to be recorded with the plat of Aspen Creek Subdivision.
NOTE: The property described appears to be located in the City of Kalispell Fire District.
THE END
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