4. Final Plat - Blue Heron Estates Phase 3City of Kalispell
Planning Department
. Street Est State , a pe . Montana
Telephone: 40
Fay: o6751-1858
REPORT TO: Kalispell Mayor and City Council
FROM: Thomas R. Jentz, Director
Janes H. Patrick, City Manager
SUBJECT Final Plat for Blue Heron Estates, phase 3
MEETING DATE: January 17, Zoo
BACKGROUND: This is a request for final plat approval of Blue Hero. Estates, Phase
3. This major subdivision creates 14 lots on 8.49 acres. The property is located on
the west side of Stillwater Roam. north of Three Mile Drive. The entire Blue Hero.
Estates subdivision contains approximately 60 lots on 24 acres which was given
prehmm' a.ry plat approval by the Kalispell City Council on May 5, 2003 as a. three-
phase development. Phase I platted 25 lots on tern acres in January of 2004. The
second phase containm'g 21 lots was also platted in Zoo. A phase 2A, which proposed
converting sorne of the Phase 2 lots into two .r t townhouse lots is still pending final
approval.
Subdivision improvements Agreement for Phase 3 in the amount of $6,762.50 has
been submitted to secure completion of the remaining improvements which consists
primarily of landscaping and nuno ' sidewalk work. The letter of credit addresses 125%
of the estimated cost of rema r l improvements. The estimated completion date is
July 15, 2006. Note that the Kalispell Public Works Department and in particular the
Construction Inspector was on -site during the construction of this phase to
reasonably assuage that all public llc improvements were undertaken in compliance with
the city design and construction standards in.cl dm* personal inspection of the
sidewalk work when it was 1 e*g done.
The prel= a.ry plat was approved With 20 conditions. A list of the conditions and a.
discussion of how they .ave been reset or otherwise addressed is included with the
transmittal letter attached.
REC MMNDA ION A motion to accept the Subdivision Improvements Agreement
and approve the final al plat for Blue Heron Estates, Phase 3 would be in order.
FISCAL EFFECTS: Potential positive impacts once developed.
KFP-05-16 Memo
Page 2
ALTERNATWESO As suggested by the City Council.
reset'flys.r*tte,
Thomas R. Jentz ames H. Patrick
Director City Manager
Report compiled: January 9, 2006
Attachments: Letter of transmittal
Vicinity ma
Final plat
Final plat application and supporting documents
2
SUBDIVISION P"ROVEMIENT AGREEMIENT
TMS ,AGREEMENT, made and entered into this � day of November,
2005, y and between the CITY OF KALIS E L
of Flathead County, Monte Ply of the First Part and hereinafter refereed o as the
CITY, and CHARLES AND MICKEY LAPP,
(Name, of Developa
INDIVIDUALS
(ffiivies, Comps orCorporation)
located at 3230 COLLTMBIA FALLS STAGE ROAD, Co UMIA FALLS, MT. 59912
(SUM ems _ . Box) (City, cmmty, Ste, Zip)
Party of the Second Part and hereinafter referred to as DEVELOPER.
WINESSETH:
THAT WHEREAS, the Developer is the owner and developer of a new
subdivision known as BLUE HERON ESTATES N. 3
(Now of Subdivision)
located at SE , SE , SEC. 21, T.2 N., R. 2W*, P.M.,M*, FLATHEAD COUNTY,
MNTAN
(Locafin of Subdivision)
and,
WHEREAS, the City has conditioned it's approval of the final plat of
BLUE HERON ESTATES NO, 3 , upon the conditions as set fob
(Name ofSubdivision)
in the Resolution 4784 being completed and all improvements, as cited M EXHIBIT
have not been completed at this time, and the Develop wishes to bond for the
completion of those improvements set forth In EXHIBIT ; and
VVMREAS, the City's Subdivision Regulations re m that a slider shall
provide a kcal see y of 125% of the estimated tom cost of construction of mid
improvements as evidenced by an estimate prepared by a licensed public engineer
included herewith a "Exhibit "; and
VVMREAS, the cited total cost of construction of sm'd m'provements is the
sum o $5,4 10. 00.
NOW THEREFORE in consideration of the approval of the final plat of said
Subdivision by the City, the Developer hereby agrees as follows:
The Developer shall deposit as collateral with the City a Letter of Cruet, or
other acceptable collateral as determined by the Kalispell City Council, i
the amount o $ ,' 6 .5o, Said Letter of Credit or other collateral shall have
an expiration date of at least sixty d.ys following the die set for
completion of the improvements, certifying; the following
IT S ALSO AGREED BY AND BETWEEN THE PARS HERETO AS
FOLLOWS, TO - WIT:
mat the Developer shall provide for inspection of all required improvements
y a registered professional engineer before the Developer shall be released from
the Subdivision Improvement Agreement.
That if the City Detennm*es that any improvements are not constructed in
compliance with the specifications, it shall his . the Developer with a list of
specific deficiencies and may withhold collateral sufficient to insure sure
compliance. If the City detennines that the Developer Will not construct any or
all of the improvements in accordance With the specifications, or wifliin the
re vered time limits, it may withdraw the collateral and employ such funds as may
be necessary to construct improvement or improvements in accordance with the
specifications. The unused portions of the cofl teral ski be reed to the
Developer or the crediting institution, s is appropriate.
IN WITNESS WHEREOF, the Peres have hereunto set their ids and
seals the day and year herein before Witten.
by
by
BLUE HERON PTATES N. 3
CharlLaPP, Owner
Mickey Lapp, der
STATE OF M N ANA
COUNTY OF
--Y,f
n this day : - � , L. before me, a Now
Public for the State of Monte personally appeareda-AZ� �jy�
Know to me to be the of 2�
Whose name is subscribed to the"'foregoing instrumentand acknowledged to me
thathe/she executed the same.
IN WITNESS WPC, have hereunto set my � and wed m
N to �- Seal this day v year first above written.
r .y
Notary Rublic fdf the StaMontana
Residing at
My Commission Expires q-41'- 617
EXHIBIT
This wee.ent specifically m'dudes the followm'g hnnts, -ffieir
ejected construction completion date and estimated construction cow*
CHECK CONSTRUCTION ESUMA' D
APPROPRIATE COMPLETION CONSTRUCTION
1W.VEMENTS BOX DATE COSTS
Street Gradmg/Pi
X
1/ 5 06
$500.00
Street .tee
X
COMPLETED.
Sidewalks
X
1 2 55
S810.00
Curbs and Gum
X
COMPLETED
Sanitary Sewers
Maw
X
COMPLETED
t .er (manholes
COMPLETED
-Site Sewage
Facilities
X
COMPLETED
'Water Systems
Mains
X
COMPLETED
Other
On -Site Water Ste.
Water Storage Twiks
Fire Hits
X
COMPLETED
A
Storm Sewer or
001 4
Drainage Facilities
X
COMPLETED
Street Signs
X
CMW.ED
22-
Sftd Lighting
X
COMPLETED
Street Monuments
X
COMPLETED
NAL
Survey Monument Boxes
Landscaping
1 2 5
$4,3100.00
Other
TOTALCT COST = $3309000.00 SUBTOTAL $51,1 ; w4%
FEES
TOTAL COSTS S5,41 0.00
TOTAL COLLATERAL (TOTAL COSTS X 125%) $6,762.50
R
THE CY F KALISPELL
Ow
ATTEST:
y.
Pamela Km dy, Mayor of Kalispell City Clerk
EXHIBIT A
Conditions approval as fixed to the m*u'ary plat by the City of Kalispell.
ALA ffiOUNTAIN
IMMENNEW
7�
WEST BANK.,
IRREVOCABLE LETTE CREDIT
Letter of Credit# 14
Date: December 12, 2 005
Amount: $6762.50
City of Kalispell
3 12 1 " Avenue East
Kalispell, MT 59901
We hereby estahilsh in your favor an irrevocable letter of credit up to the aggregate
amount .nt of Sig. Thousand Seven Hundred Sixty Two Dollars and 50 100 d lars
($6,762.50) at the request of Charles and Mickey Lapp.
If Charles and Mickey Lapp fail to complete the specified improvements the Blue
Heron Subdivision phase III within the time period set forth in the attached
Improvements Agreement, we NN1111 pay on demand your draft or drafts for such funds, to
the limit of credit set forth herein, as are required to complete said improve ne ts. All
drafts must indicate the number and date of this letter of credit and be accornp .nied by a
signed statement of an. authorized official that the amount .t is drawn to install
improvements not installed in co. fonnance with the Improvements Agreerrient and
specifying the default or defect in question,
All drafts must be presented prior to the expiration date stated above, and this letter of
credit must accompany the final draft for payment.
This letter may not be withdrawn or reduced in any amount prior to its expiration date
except by your draft or written release.
Steven L . Moss
Vice President/Commercial Loan Officer
Attachment
1 SPOKANE AVENUE WHITEFISH, MONTANA 59937 o 4 - FAX 4 —, ,?O o, w r r. t r sta . e
City of Kalispell
Planning Department
17 - 2nd Street East,, Suite 211, Kalispell, Montana 59901
Telephone: 06) 751-1850
Fax: o6) 751-1858
Weste: kaiela.rn#com
January 6, 200
Mr. James Patrick, City Manager
City of Kahs el .
P.O. Drawer 1997
Kalispell, MT 59903
Re: Final Plat for Blue Heron Estates, Phase 3
]dear Jam:
This is a request for final plat approval of Blue Heron Estates, Phase 3. This
major subdivision creates 14 lots on 8.49 acres. The property is located on the
west side of Stillwater Road north of Three Mlle Drive. The entire Blue Heron
Estates subdivision contains a rox.r ately 60 lots on 24 acres which was given
preliminary la.t approval by the Kalispell City Council on May 5, 2003 as a. three-
phase development. Phase 1 platted 25 lots on ten acres in January of Zoo . The
second phase containing 21 lots was also platted In Zoo . A phase 2 , which proposed
converting some of the Phase 2 lots into two unit townhouse lots is sty pending final
approval..
Subdivision improvements Agreement t for Phase 3 in the amount t of $6,762.50 as
been submitted to secure completion of the remaining improvements which consists
r marily of landscaping and minor sidewalk work. The letter of credit addresses
1.25 of the estimated cost of remaining improvements. ents. The estimated completion
date is July 15, 2006.
The preliminary plat was approved with 20 conditions s s outlined below. The
following is a discussion of compliance with each of these conditions as well as
findings of compliance with. the city subdivision regulations and zoning ordinance.
G UNGE WITH CONDITIONS of APPROVAL:
Condition No. I Development of the subdivision shaft be platted in substantial
compliance with the approved re .mi ary plat which governs the location of lots and
roadways within the subdivision.
This condition has been reset. The lots and roadways have been platted as
approved except as amended by the conditions of plat approval.
Condition No. 2 That the roadways serving the subdivision skull be constructed in
accordance with the adopted resign and Construction Standards for the City of
Kalispell. for local streets.
This condition has been adequately addressed* The roadways have been
substantially tially completed and certified by Ed Engle, P.E. in a letter dated December
2, 2005.
Condition No. 3 That a letter be obtained from the Kalispell Public Works
Department approving the plans and specifications for water, serer and drainage
facilities for the subdivision.
This condition has been met. A fetter from the KaRs ell Public Works Department
dated Marc. 4, 2005 approving the required public infrastructure has been
included in the dal plat application.
.
Condition No, 4 A letter from an engineer hcer sed in the State of Montana
a.
certifying that the improvements have been installed according to the required
specifications s shaH be submitted at the time of final plat approval along with a fetter
from the Kai .s eff Public Works Department stating that the required improvements
have been Ms ected and comply with the City standards.
+ This condition .as been adequately addressed, A fetter from Ed Eagle, RE, dated
December 12, 2005 certifying the improvements that have been completed and
comply with. City standards has been included with the final plat application. A
letter from the Mark Crowley, Kahspell Public Works Department dated. November
2% 2005 accepting the completed improvements has been included with the fray
plat application.
Condition No. 5 Development of the landscape boulevard with location of street
trees shall be placed in accordance with a plan approved by the Kalispell Parks s and
Recreation Director.
This condition has been adequately addressed. A letter from. the Kalispell Parks
and Recreation Director has been submitted approving a plan for the future
completion of the required landscaping. The landscaping has been included in the
Sr,
Condition No. 6 A storm water drainage plain which has been designed by an
en�ineer licensed. ire the Mate f Montana shall e prepared whichcomplies with the
City's Design and Construction Standards and shall be reviewed and approved by the
Kalispell Public works Department.
This condition has been met. A letter from the Kalispell Public Works Department
approving the required drainage plans has been submitted with the fmal plat
application.
.
Condition No. 7 That the developer obtain a letter from the Montana Department of
Transportation approving the intersection of the new internal roadway and Three Mile
Drive and certifying that any necessary improvements have been made.
This condition has been adequately addressed. In previous phases as this project
accesses onto Stillwater Road.
Condition No. 8 That the developer obtain a letter from the Flathead. County Road
Department approving the intersection. of Stillwater Road and the new i tema .
subdivision road and shall include a post construction inspection that certifies any
necessary improvements have been made.
This condition has been met per County road approach permit E- 1537.
Condition No. 9 That a. minimum 20 foot buffer strip shall be established between
Three Mile r ve and Stillwater Drive and the subdivision that would Mclude a bike
and pedestrian trail and buffering In the form of a. landscape berm, sight o sc n*n
fencing and or landscaping. These improvements to be coordinated with the Public
Works Department, parks and Recreation Department and. Flathead. County.
• This condition has been adequately addressed. These improvements have been
included in the Subdivision Improvements Agreement and the improvements have
been approved per letter dated December 20, 2005 from Mike Baler, Parks
Director.
Condition. No. 10 The road within the subdivision shall be named and signed i
accordance with the policies of the Kalispell Public Works Department and the
Uniform Traffic Control Devices Manual and be subject to review and approval of the
Kalispell Fire Department.
This condition has been adequately addressed. All street signs are in place per site
inspection and approved by P.hlic Works per letter dated November 29, 2005.
Condition No. 11 The dead-end street shown at the northern end of the Mterknal
subdivision road shall he eliminated and reconfigured to connect with the east merest
roadway.
This condition has been reset. The subdivision has been redesigned to loop the
internal roadway rather than ending in a. dead end to the north during the fmal
platting of Phase 1-
Condition No. 12 The developer shall provide a. letter from. the U.S. Postal Service
approving the plan for mail service.
This condition has been reset. A letter from the postal service dated. December 5,
2003 has been . included in the final plat application.
Condition No. 13 That the parkland dedication requirements shall be one -ninth r
1 percent of the area in lots or 2.2 acres. The park areas as Md c ated on the plat will
meet that requirement ent provided some recreational amenities are provided to the site
such as play equipment and .rr gation. Additionally, a maintenance agreement for the
park areas shall he included with the fmal plant.
This condition has been met. A 2.2 acre city park will be dedicated as part of this
nail plat. In addition, a. parkland development schedule has been approved by
Mike Baker with improvements covered under the attached Subdivision
Improvements nts Agreement.
Condition No. 14 Street bighting shall be located within the subdivision and shall be
shielded so that it does not intrude unnecessarily onto adjoining properties.
This condition has been adequately addressed. Street lighting has been paled for
and will be ffistalled according to City design specifications by FEC.
Condition No. 15 That the lots within the subdivision be reconfigured red so that all lots
meet the n n'mum 0-foot lot width requirements of the R- 2 zoning district and the
minimum lot size requirements of 9,600 square feet exclusive of any easements.
• This condition has been met. M of the lots in this phase comply With the
standards of the R-2 zoning district.
Condition. No. 16 Purposely deleted 'in Resolution 4784.
Condition No. 17 Any development in the too -yeas floodplain shall be required to
obtain a. floodplain development permit prior to construction.
This condition has been adequately addressed. The floodp .am* is primarily to the
west of this phase and does not affect any lots. A .00dpl.aln permit was required
here Fly Way crosses the stream s crale on the west side of 'tease 3. Flood Plain
Permit o -o2 was issued on April 14, 2005 which addressed this crossing,
Condition No. 18 That a n nu' num of two-thirds of the necessary infrastructure for
each phase of the subdivision shall be completed pr*or to final plat submittal. with
the filing of the fmal plat for each phase, an additional two-year extension shall be
automatically granted for subsequent phases.
This condition has been net. 98.6% of the infrastructure has been completed.
Subdivision. Improvements Agreement has been submitted for $6,762.50 to address
seasonal issues that were not completed including landscap ing# park development
and �.or sidewalk work.
Condition No. 19 All areas disturbed during development of the subdivision shall be
re -vegetated with a geed -free MIX immediately alter development.
This condition has been adequately addressed. The Subdivision Improvements
Agreements included the landscaping and the re -vegetation of disturbed areas.
Condition No. 20 That prchmm* ary approval shaU be vand for a period of three years
from the date of approval.
This condition has been net. The final plat has been filed within 3 years of May 5,
2003.
eM3?LIANCE APPROVED PRELINMNARY PLAT
The final plat is in e nip .a . e with the preliminary plat which was submitted and,
approved.
This subdivision plat has been found to be in e mp .a..nee with the State and City
Subdivision Regulations.
COMEPLUNCE WITH THE ZONING REGULATIONS
This subdivision complies with the Kalispell Zoning Ordinance and the R-2 zoning.
P,WbUYIEN A 'I :
All of the conditions of preliminary plat approval have been adequately addressed.
The staff recommends that the Kalispell City Council approve the final plat for this
subdivision. Please note that the Subdivision Improvements Agreement should be
accepted along with the final plat approval. Please schedule this matter for the
January 17, 2006 regular city council meeting if possible. You may call me at 51-
18 1 if l can be of assistance to you regarding this ratter.
Sincerely,
Thomas R. Jentz, AICP
Attachments: Vicinity map
1 opaque mylar of final plat
1 reproducible iny.ar of final plat
1 bleline of fu1a1 plat
One 1" x 17" copy of the final plat
Letter from Paul J. Stokes and Associates dated 12/ 12/05
Final plat application dated 12/9/05
Resolution 4784 Approving Blue Heron Preli izxary Plat
Letter from DEQ dated 3/21 /05
Letter from DEQ dated 4/7/05
Leiter Frank Castles, Kalispell Public Wanks dated 3/4/05 8s
5/3/05
Letters from Ed Engle, PE dated 5/ 9 J 05 & 12/ 12 /05
Utter from Mark Crowley, Kalispell Public Works dated l I/29/05
Letter from Mike Baker, Parks and Rec. dated 12/30/03
Letter from Jean Johnson dated 12/20/05
Flathead County Approach permit # AE-1537
Letter from LISPS dated 12/5/03
Subdivision Improvements Agreement dated 12/ 12 J05
Letter of credit from Glacier Bank dated 12/ 12/05
Tide report # 7403078- 102 dated 2/ 12/05
Consent to play from Mountain West Bank dated 9/20/05
Treasurer's certification dated 12/9/45
Declaration of covenants to be fled dated 2/2/05
Paul J Stokes and. Associates, 322 Second Ave West, Kahspell, MT 59901
Charles and Mickey Lapp, 3230 Columbia Falls stage Rd., Columbia FaHs, M
59912
Theresa White, Kalispell City Clerk
PAvir J. STOKES Bc ASSOCIATES, INC.
Consulting Engineers
322 2" Avenue West, Suite
Kalispell, MT 59901
Tl p rye 4 75S-8707
FAX 406755-2613
D=tuber 12, 25
Narda Wilson, Smr Planner
City of Kalispell Plying Department
;2nod Street fit, Sw*e 211
Kalispell, MT 59901
RE: Blue Heron Emotes No. 3. - Final Plat
The Amended Plat of a Portionof Lot 2 o
Vogler Subdivision Subdivision No. 2
SE , SEIA, Section 2 T.28N.,, R.22W., .,X M.,
Flathead County, Mona
Dear Nardi.;
'lease find enclosed our clients cheek #1221 in the amount o $2100.00, said cheek
represents the applicable review fees for the above -mentioned final plat. Also, we have
included the final plat application with the related materials and drawings.
Kalispell resolution No. 4784 stipulates that twenty conditions must be complied to
enable our client to file final plat for Blue Heron Estates No. I A copy of which
enclosed for your reference.
,appendix:
A. Declarafion of Design Guidelines, Conditions Covenants and. Restrictions.
1. The subdivision is plated in compliance with the approved preliminary play..
2. The roadways serving the subdivision are in conformance with Kalispell
Design and Construction Standards.
. Public Works leners are enclosed.
Engineer letter certification is enclosed.
5. Rem��g trees 2 Will be planted in the spring of Zoo , see attached copy
of letter from Mike Baker.
. See approval letter n item 3.
7. Attached MDOT letter and permit.
. Attached Flathead County Road permit.
. Bike path was completed summer of 2005, (see fmal plat.)
. The street signs are in place and permanent traffic sib are insW c .
. The dead end street has been removed when completion of (see final plat)
2. A cluster mailboxes are in place and located off of Three Mile eve and
Bloc Crest Drive.
3. The park land requirement has been .act. A tom of 2.21 acresfor Bloc Heron
N. 3 subdivision.
4. Streetlights have been paid for and will be installed by Flathead Electric C -
-
5. All lots have been designed to City standards, see final plat with ledger.
6.
7. Attached is the flood plate Permit # 2
. All infi-astrwtures of Blue Heron Estates N'o. 3 have been completed.
9. Re -vegetation is a part of the S A and will be finished M the planted M the
nng of 2006.
20, The City of Kalispell approved the Preliminary Plat on May 5, 2003, for a
period of thw3 yew under resolution 4784.
if you need any additional information please feel free to contact our office.
Rccctfuly,
AUL J. STOKES KES &.ASSOCIATES, INC.
By: {-
Kate A. Cassidy R.S.
c: Charles Lapp
"' 1
Cloty of Kali*speil
Planning Department
.. Street East, Suite 21W I I , Ka I ispefl, N4 ontana9
Telephone- 71- .
:. 7 1-1
FlWAL PLAT APPLICATION
Project /Subdivision Name* Blue Heron Estates No. 3
Contact Person:
Name:-AUName:-PAUL J, STOKES AND ASSOCIATES INC.
Address-, 322 2 d Ave. West Suite
Kam§ eR MT 59901
Phone No * * 755-8707
Date of Preliminary Plat Approval: 5 2003
Owner & �"fig Address
Charles and Mick
e
3230 Columbia Fps Sty. e Rd,
Columbia Falls. -MT 59912
2-575
Type of S dMs n: Residential X -Industrial �Cor=ercial PUD Other
'iota. Number of Lots in Sdio
Land in Project (acres).
Parkland (acres) 2.21 Cash -in -Lieu $ Exempt
No. of Lots by fie:
Single Family Townhouse Mobile Home Park
Duplex I Apartment Recreational Vehicle Park
Commercial . spa Pled Unit Development
Conorrn'MMulti-amfly -� - - - _. ... Other
Legal Description of the Propel
FILING FEE ATTACHED $ 2140
Minor Subdivision with approved preliminary plat
Major Subdivision with approved ems. ary plat
Subdivisions with Waiver of Prey ary Plat
Subdivision Improvements Agreement
$400 + $100/lot
$650 + $100/lot
$600 + $100/lot
$ 50
1
AttachedNot
.able........- - CHECK
X
Health Department Certification(Original)
X
Title Report n al, not more than 90 days old)
X
Tax Certification (Property taxes must be paid)
X
Consent(s) to Plat(Originals and notarized)
X
subdivision Improvements Agreement (Attach c Ha era .
X Parkland Cash -in -Lieu (Check attached)
Maintenance agreement
Plats: lopaque OR
m.ar copy ..:::::::
*fie plat must be signed y all owners o . record, the surveyor a the e � i g land surveyor.
Attach a letter, which fists each condition or preliminary plat approval, and individually state homer
each condition has s ecificaR.y been met. In cases where documentation is required, , such as a
e�eer "s ce�cao , state Department cad certification, etc., rya leers h� be
submitted. Blanket statements stating, for example, al. ftnr vemen s are In place" are net
acceptable.
complete dal plat appheation must be submitted no less than 60 days prior to expiration date o
the prehminary plat.
When all apphcation materials are submitted to the Ka s el Planning Department, and the staff
finds the application is complete, the staff will submit a report to the go + ming body. The
governing body must act within 30 days of rece'1P t o . the revise refinainary plat appheation and
staff report. Incomplete s , initals will not be accepted and wiR not be forwarded to the governing
body for approval. Changes to the approved preliminary plat may necessitate reconsideration by
the pl^;g board*
certify that all information o submitted is fie, accurate and complete. n erstanthat
incomplete information wiU not be accepted and. that false information wiH delay the application
and may M ah a e any approval. The slag of this application signifies approval for Kai s el
Planning staff to be present on the property for roue monitoring and inspection rin the
approval and development process.
**NOTE: Please be advised that the County Clerk 86 Retarder requests that alt subdivision
ftal plat applications be accompanied with a digital copy.
Owner(s) Signa Date
digit copy of the final plat M a Drawmg Interchange File XFformat or are AutoCAD file
format, consisting of the foRowing layers:
.. Exterior boundary of subdivision
2. Lot or park boundaries
3. Easements
. Roads or rights -of -moray
. A tie to either an em'sting subdivision comer or a comer er the public land survey system
K
I&D-VIE.So'.o No. 4784
. RESOLUTION CONDITIONALLY PP o�TG THE PRELEqINARY PLAT of BLS
�RON ESTATES SUB ." I NS MORE PARTICULARLY DESCRIBED ON EDIT
A"I IN SECTION 2., TOWNSHIP 28 NORTH, RANGE 22 ITS , P.M.., FLATHEAD
COUNTY, MONTA TA.
NVEREAS, C lari s and Michelle Lapp, the owners of certain real propmy des=, ed above, have
et '-I for approval o Subdivision Plat o sa'd properly, and
WHEREAS, the Kalispell City P13='ng Board and Zor n CoEluu'sston held a public hearing on
April 8., , on the proposal and reviewed Subdivision Rep ortrrKP -- -2 issued
y the Tri-City Para. Office, and
WHEREAS, to Kia is ell City Planning Goad and Zoni_ncr CommissLon has recom .ded
approval o f the Preliminary Plat o gl e Heron Estates Subdivisio n, subjec to certain
conditions and recommendations, and
O RES, the City Council of the Cite of Kalispell at its regular Council Mee..,ting of May 5,
Zoo , reviewed the T -City Plaming Office Report #KP- - , reviewed the
reco=endatlons of the Kalispell City Plai.rcr Board and onm' Conmiissior4 and
found from die Prehliu'nary Plat, and evidence, that the subdivision is in the public
store.
Nov THEREFORE, BE IT RESOLVED BY THE CI7 COUNCIL OF THE CITY of
SECTION I- That the �diR s o Fact contained i rya -City Plan ncr fce Report
#_PP-03 )-2 are hereby adopted as the -des of Fact of the City Council.
ZD
SECTION IL mat th application of Charles and Michelle Lapp for approval of the
Preliminary Plat of Blue Heron Estates Subdivision, Kalispell, Flathead
County, Monta-aa is hercby appToved subject to the followm'g eo di oas.-
D evelopm e .t o f the subdivision shall be platted in sub stand al compha . e w.f the approved
prellram'ary plat which ovems the location of lots and road -ways wig the subdivision.
.f
2. That the roadways servi.nr the subdivision shall be constucted accordance viith the
adopted Design and Construction Standards for the City of Kalispell for local streets.
. That a letter be o taind from the Kalispell Public Works Department approving the plans
azd specifications for grater, sever and dminagc facilities for the s .l divisio .
. A letter from an eng='eer licensed in the State of Montana certi�g that the i pro =e is
have been �stalled according to die required specifications shaU be submltted at the time o
Enal plat approval along . with letter tom the Kalispell Public works Department stating
that the required U'nroverne Its have been inspected and comply with the City Standards.
Develop ent of the landscape boulevard '�Nlth location of street tees shall be placed in
accordance with a plan ar) the KalispellarKs and ere .tio director.
A storm water drainage plan which. has been desiped by an e g=e r Jicen.sed the State o
Montana shall be prepared which complies with. the City s Design and Construction
Standards and sha I be reviewed and approved by the Kalis-pell Public Works Departnate .
7. That the developer ob tam' a I etter from the Montana D ep artm mt o fT=portation a ro-vm'g
the intersection of the new internal roadway and Tyree Mils r'v and t "g that any
necessary inn -rov r e ts have been made.
That the d eele. obtain a I etter mom the I athead County Road reartment arovi.g the
irate eetio of Stillwater Road and the new internal subdivision road and shall include a post
onst ction M'Specu"oa that certifies any necessary n ro e rye is have been made.
. That a =I'n' um 20 a.-S foot buffer strip shall be exstabhshed between. Three NHIe Drive an
Stillwater Dave and the subdIvIsIon that would fficlude a bike and pedestrian trail and
buf5ering in the form of a landscape berm, sight obscuring fericing and or landscaping. "ge e
improvements to be coor ornate with. the Public Works Department, Parks and Recreation
Department arty ent and Flathead County.
The roach within the subdivision shall be -.,riaxned and simed in accordance with the policies of
the Kalispell Public Works r e art e t and the Uniform Tic Control .devices Mangy are.
e subject to review and approval of the Kalispell Fire Department.
The dead-end street shown at the northern end o the internal subdivision ision road shall be
eliminated ate and reconfigured to eormeet with the east west roadway.
12. The level op er shall provide a letter from the U.S. Postal S er oe a roving the plan for mail
servi.oe.
13. That the parkland de ica.tion re irements shall be ore -ninth of 1 l percent of the area lots
or 2 .2 acres. The park areas as indicated on the plat will meet the rererent provided some
r ereationa . amex-ties are, provided to the site such as play equipment and =' 'gafion.
,additionally, a mam'teTiance agreement for the park areas shall he included with the fma
plat.
14. Street lighting sh�ll b e Iocated wid-lin the sub diVisl o n and shall b e shielded so that it does riot
intrude unnecessarily onto a j oim'ng properties.
15. That the lots w.tbin the subdIVILsion be reconfigured so that all lots meet the n=-'mn o-
oot lot width requiTements of the R-2 zoning district and the minim= lot size requirements
of 9,600 square feet exclusive of any easements.
17, Any develurie.t Mn the oo-year floodla*n shall be required to obtain a floodplain
development permit prior to construction.
18- That a y , of two-diiTds of the necessary ' ct= for each p�_e of the
subdivision shaE be completed prior to Enalplat sunu'ttal. With the EL-ao -die Enal plat
for each phase, an addition three-year extension shy be autormatically ated fur
subsequent phases.
1 . All area ist �g eve rt s iv s a re e e to ��� .w�
fee mix immc�Eate y of LeT development
. That pre�ary approval sal be valid for a peo thre�e yew �Eom the date of approval -
SECTION Ill. Upon proper review and filing of the Mal Plat of said subdivision the
flee of the Flathead County Clerk and Recorder, Bald presses sal be a
subdivision ofthe City of Kalispell.
PASSED AND APPROVED THE CITY COUNCIL AND SIGNED BY TEE M-AYOR OF
THE CITY OF KALISPELL, THIS 5TH DAY OF MAY, 2001
Pamela. B. Kenned4T
Mayer
ATTEST:
- Izz
Theresa White
City Clerk
' T "
Lot o Vogler Subdivision No. , amended ded Plat o ogler S bdi iLo and Subdilylsion lq. 2(�4
I c ated in SE l SSE 1/4 Section 2 , To wn-shi p 2 8 Noll, Rage 22 West P.M.M., Flathflad o=t .,
Mon aria_
es 'L
A tract o f I and in S E l o f Se ti on 2, Tovv-,qsl-d28 NortH, Rage 2 West, P.M.P.M.M,, at ad
County., Montana, deis rib a" as follows-. Co=tnC1_Lng at the northea-st corner of the SE 1 sa d
Scctlon 2; thence S ' ''03," W, 1353.59 feet to the norheast corner of Subdivision No. 204,
r cords of Flathead County, said cornerbeing the True Point of Be* g of the tract of la .d e e
ese bed; thence along the boundaries of said Subdivision No. 204 the following two courses: S
8 ° " "* W 12,45 feet and S '3 �' 18#' W 574.42 feet to the northwest corner of Vogler
ado, records off fathead County; thence along the bomda.es osaid Vogler Subdivision. the
o Ila wing two courses: S °37'00"' W 6 6 0.0feet arld N 8 9 °5 '3 "' 33 0.08 feet to the southwest
corer of said Subdivision No. 0 ; thence along the oundarles of said Subdivision No. 204 the
following four comes: N 8 °5 ' 2" E 275.73 feet; N oo' ' "' 15.2 feet; S 8 '21'5 "' E
70194 feet and N 0" ' 3Y" 630.56 feet to the point oy acontauung 27.315acres more or
less, being subject to and together with all appurtenant easer, ents of record.
The above described tract off`la. d is to e known are dese bed as "Vogler u l si . No. ,,�
e erT ti : Parcel '14 "Flathead CountCountv Search and Rescue to Lapp):
A tract o f Iand in S 4 SE l Seeti , Township 8 North, Range 72 West, P.M.M., Flathead
ogat ode�ds�, i n,
records of Flathead County; thence along the.., boundan'es of said Vogler Subdivision the following
two courses: N1 8 5 " " E 330.09 feet and S 3 '03"' W 330. feet; t .-e ce S 89053"12"" W
3.09 feet to a point on the west boundazy said Vogler S bd"LVIsIo ; thence N 0°3 3 3"'
3 _ 0 0 feet to the po Ent eJ: a egin=g containing 2 -5 0 o acres more or I es being subi e t to and
together with all appurtenant easements of record.
PLAT F
BLUE ESjrATES
N AMENDED PLAT OF
LOT P - of the AMENDED PLAT of
a Portion ' 2, VOGLER SUED No 2
o PARK, BLUE HERON ES S N.
THE SE 1 S 1 SEC • 20 2 N, R.22W,
PM,M, FLATHEAD CO.,,'MONTANA 2
AF k34 ten. �
r
a
(QUARTER HORSE ESTATES)
CASEMENT
t.#Z 06' e9 .0ar F
Ni
T11,11
#€.EST 21 �1AC� DED PL F of a Port€art f LOB' 2, +l VOGLER U13D. � €�o. #� I
LOT 55 CO)
r.`..
7 'x 5 T4
q�
& 40-
Ea5EMENT A7a4*'
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4, ITT r
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51
APPROXfNATE
100 YtAR FLOODPI-AI -
3.3
l 85 # f
{ J �140 .
//�� sue' LO r` 0 � <FLY WY ;
] PARK
#A E €QED PLAT 0 a orfta� of � � LOT *� LOT � L � LOT 49
LOT . VOGLER SU .Pia. 2 Z � � �
PARK,
BWE
HE�
ESTATES
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4 D
R-2
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VICINITY MAP
h:qt
'3ACB
R-2
PRELIMINARY PLAT -
BLUE HERON ESTATES
A 59 LOT RESIDENTIAL SUBDIVISION ON APPROX. 24.4 ACRES
FILED IN CONJUNCTION WITH ANNEXATION REQUEST
BY CHARLES & MICHELLE LAPP
FILE# KPP-03-2 SCALE 1 400"
...... ..........
PMT DAB 3/19/03
H-.\&\oite\kppO3-2.dwg
Montana Department of
NVIRONMENTAL QUALITY Brian Schweitzer, Governer
P.O. Box 200901 * Helena, MT - 444-2544 • w. eq. tat . Cs
March 21,20
PJ Stokes & Associates
Ed Engel P
22 2 ,d Ave West STE
Kalispell MT 59901
Dear Mr re el:
E: Blue Heron Estates No
Municipal Facilities Exclusion
Qo-3
City of Kalispell
Flathead County
'his is to ee t-ify that the information and fees received by the Department o f Environmental Quality relating to this
subdivision are in compliance with 7 - -127, MCA.. Under 7 - -1 5 d MCA, this subdivision is not subject to
review,, and the plat can be filed with the county clerk and recorder.
Plans and specifications east he submitted when extensions of municipal aci i ies for the supply of water or
disposal of sewage are proposed f 76-4-111 (3), MCA . Construction of water or sewer extensions or to DEQ,
Pubhc Water Supply Section's approval is prohibited, and is subject to penalty as prescribed in Title 75, Chapter
and Title 76, Chapter 4.
Sincerely,
Janet Skaarland
Compliance Technician
Subdivision Section
Water Protection Bureau
(406) 444-1801 —email j skaarland@mt. gov
MO City Engineer
County Sanitarian
file
Ea fo ree ment Division • Permittin g & C om p]ian a Division • P1annjn g, Prevention & Assistance Division * Remed istion Division
Fontana Department of
fjNVIRONMENTAL QXUALITY Judy Martz, Governor
109 Cooperative Way - Suite 105 o Kalispell, MT 5990.E- 1,(406) 755-8985,b FAX 4 755-8977
d Engel, P.E. April 7, 2005
Paul J. Stokes & Associates, Inc.
343 First Ave West
Kalispell, MT 59901
RE: Blue Herron Estates No. ; EQ# 05-2439.
Dear Mr. Engel
Plans and specifications for the above -referenced project have been reviewed by personnel with
the Permitting & Compliance Division utilizing the certified checklist procedure and EQW2.
The plans and specifications are hereby approved with the condition as listed below. One set o
plans and specifications bearing the approval stamp of the Department of Environmental Quality
is enclosed.
Condition.:
1. Include note on sheets 4 & 5 Of 7 at approximately station o to r..a ntair 8 incb
vertical separation between the water main and sever force main crossing.
Approval is based on plans and specifications received March 091, 2005 under the seal of. Edward
Engel, P.E.# 12762PE.
Approval is also given with the -understanding that any deviation from the approved plans and
specifications will be submitted to the Department for reappraisal and approval. within 90 days
after the project has been completed the project engineer shall certify to the Department ent that the
project was inspected and found to be installed in accordance with the plans and specifications
approved by the Department. This certification . shall be accompanied by a set of "as -built" record
drawings sl ed by the project engineer.
It is furtber understood that construction will be completed within three years of this is date. If
more than three years elapse before re completing construction, plans and specifieations must be
resubmitted and approved before construction begins. This three-year expiration period does not
extend any compliance schedule requirements parsuant to a Department enforcement action
against a public water or sewage system.
Centralized Services Division - Enforcement Division - Permitting & Compliance Divisi - Planning, Prevention Assistance Division - Remediation Division
RE; Blue Herron Estates No. ; EQ# 05-2439.
Please be aware that this project may need a store water general permit. please contact the
Water Protection Bureau at 406-444-3080 for more information.
Sincerely,
ter r', Environmental Engineer
Public Wat&i supply Section
Public Water Supply and Subdivisions Bureau
cc: City of Kalispell, PWD
Flathead County Sanitarian
File
CL
-w 7- f K I' I I b rk s 1'-./ Ic Lrtm nt
CA V a
10
March 4, 2005
Environmental Health dices
Flathead pity -County Health Department
35 First Avenue West
KaspO, Montane. 5990
Attention: Dick Montgomery, P,E.
Blue Heron Estates,, Phase III
Kalispell,, Montana
Dear Dick.,
This tetter is to. confirm that the City of Kalispell has reviewed and: approved the plans
and spedfications prepared by Paul J. Stokes & Associates, Inc., for the referenced
proms. TI.* Cif s currently wodd:ng with this design beam to amsolidate the puposed
image pumping stabon with a larger proms downstream stabon. The Kalispell
water and sanitary sewer systems have wale capadty to serve the proms..
Please feel free to call if you have any questions.
gncrely,,
I/ank sbes P.E.
Assistant Orty Engineer
Paul J. Stokes & Associates,, Inc.
City of &a1i*s*%e11 r'-1u-sb11'c;- WOrks IT-l"'I'e-martmu,"mt
Posh. Office Box 7w Kalispell, Mona 90� . �" m Telephone=��� � t �� ��: �
:vt:.:.n...n.
May 3, 2005
Paul J. Stokes & Associates, Inc.
Consulting Engineers
33 First Avenue West
Kalispell, Montana 59901
Attention.: Ed Engel, P,E.
E: Blue Heron Estates, Phase III
Kalispell, Montana
Dear Ed:
The construction plan as revised to delete the sewage pumping station and provide
gravity discharge into the proposed Cottonwood Estates subdivision sewage collection
system is approved. Arched s your copy of the letter of approval sent to the Flathead
C-It r-County Health Department.
tment.
We look forward to working with you on this project.
Respectfully,
Aank Castles if
Assistant City Engineer
Attachment: As Stated
PAuL J. STOKES & ASSOCIATES, INC.
Consulting Engineers
May , 25
Max Lauder, Environmental Water Engineer
Water Quality Division
Montana e a rent of Environmental Quality
109 Cooperative Way
Kalispell, MT 59901
RE: Blue Heron Estates, N,
Q-2 1 10
City of Kalispell
Flathead County,
Dear Max;
322 Second Avenue 'west, Suite
Kalispell, MT 59901
FAX 7- 61
n April 7, 2005, you approved the plans for Blue Heron No. 3. Those plans included a. lift station to
connect to the sewer system constructed in Phase 1. Subsequent to that approval, you approved plans for
CttonwoM Elates which includes a lift station that will have the capacity to accept the flow from Blue
Heron N. 3. Therefore we are requesting your approval of the elimination of the fift station in Blue
Heron No. 3 and connection to the approved system in Cottonwood Estates.
Enclosed are:
0 A copy of the approval from the City of Kalispell
TWO copies of Revised Sheet 3, Sewer Plan
Piece contact our officeilf you need any additional information.
'
F { � � Y � : • : „+{} 4 n tr ; �� t : °,. ,ram '�:� ° ._
Very Truly Yours,
PAUL J. STOKES KES AND ASSOCIATES, MC.
::=
Ed Engel, .�
Project Engineer
e: Charles Lapp
File
PA uL J. SToKES & A ssocm TEs
.t INc
Consulting Engineers
322 Second Ave. West suite
Kalispell, T 59901
FAX 713
December 12, 25
Jim Hans
Director of Public Works
City of Kalispell
P.O. Box 1997
Kalispell, MT 53- 997
RE: Blue Heron .estates No.
3S� 114 a, SE 1 5, SE 1 F , Sec. , T►2 N..r 2WF1 .MrMr
Flathead County, Montana
:Dear Jinn;
We have Performed the final inspection on the above referenced project. All construction that
we observed was food to be substantial conformance with the plan approved the City of
Kalispell and FCCHD and MDQ regulations.
All improvements in Blue Heron No- 3 are complete except for the planting of 20 trees, park and
boulevard seeding and Park amenities and a number of castings that need adjusting. The trees
are on the site and will be planted in the sfn. The boulevard and park seeding and casting
adjustments wi . also be completed M the spring. The park amenities such as benches and tables
will be installed in the summer.
As per your direction to include the driveway to the lift station that is bonded in Blue Heron No.
1, we have included an amount o $ 1 . 25%in the aloe Heron N. 3 SfA to secure the
completion of the driveway. This driveway is Presently bonded in the Blue Heron No.
SIA. The total amount of that bond is $18,35 0.00. All other sidewalk word. n Blue Heron No.
& 2 has been completed. Please release the bond for No. I & 2 in the amount o $18,750.00
upon approval of this SIA.
With reference to the extension of the bike trail west of Blue Crest to the property line, we have
been in discussion with Al Boner, owner of It 1, for to Pose of opining an moment to
construct the bike path. We have pursued ed the Montana Department arnent of Transportation for an
easement without any results.
Mr. Boner is in agreement with our proposal for an easement through his propel (Lot for
construction the path. We are in agreement with an easement as a solution to the bike path
issue and are Pursuing discussions regarding compensation and the required documentation to
complete this matter.
If you need any additional information please feel free to contact our office.
Sincerely,
AUL J. STOKES & ASSOC[ATES, INC.
s ,{
By-
#..
..
Ed Engel, .
Project Engineer
c : Charles Lapp
file
.vim*f Post office Box 199 , Kai is l , Homan 9 -1 ' . l o e - Fax o -'
To: Jim Hans , Director of Public Works City of Kalispell
From-, Mark Crowley, Construction Manager
Date: January 10, 200
Ike: Blue Heron Estates Phase 3
Dear Jim.,
On November 22, 2005 1 met on site with Ed Eagle, Project Engineer for the Developer and
Bruce Weaver, Contractor for the purpose of completing a dal review of improvements to
date and verification of the SIA quantities. At that time, topsoil was not placed in the
boulevard it is bonded for in the S A and it was easy to verify the depth of base material.
walked the entire site with the developer's representatives and verified to my satisfaction
that adequate base material was in place. Additionally, I measured the thickness of concrete
at several locations and am satisfied that it meets the requirements.
At Frank Castles request, I visited the site Monday, January 9, 2006 and measured concrete
at three additional locations. The base was too frozen to conduct additional testing.
W� u .
'...,,.' u Works Department
-spe -bl c City of Kali* 11 P
Pot Office Box 1997, Kai spell, Montana 599 -1997 Telephone 5 - Fax ' 5 -- ' 1
Mr, Ed Engle
Paul J. Stokes & Associates, Inc.
322 Second Avenue West, Suite
Kalispell, Montana 59901
November 2, 20
Re: flue Heron Estates Phase I'll
Dear Ed.
Thanks for taking the time last week to meet me on site with. Bruce Weaver. While the Public
Works Department 1s prepared to preliminarily accept the infrastructure, several items are not up
to standards and will reed to be addressed in the spring. They include:
Numerous manholes and valves are out of adjustment. Refer to MPWSS .for gL. dance.
The path now wraps around the lift station, but does not continue from the sidewalk to
curb.
Please submit to this Department the landscape plan for the buffer strip with berm and
path. The landscape berm will ,need to be bonded for through an S A.
The lift station is to have a paved driveway.
The street signs are acceptable under the previous Standards for Design and Construction.
As agreed to by Ed,, Bruce and myself, the culvert ends will be mitered to match the
slopes.
Rey -vegetation of all areas disturbed during the development of the subdivision need to be
reseeded in accordance with the final plat conditions of approval.
Submit to ffils office your draft SIA so that we may review it prior to it's submittal to the
Planning Department. Let me know how f can be of further assistance.
incerel
ark roe, C�
Construction .manage
Cc; Charles Lapp; 3230 Columbia Falls Stage Road, Columbia. Falls, MT 59912
City of Kalispell
.... ............ .. ... .
Post Office Box 199 7 - Kalispell, Montana 03- 199 7 - Telephone e (07 --' `ax- 7758
December er 30, 2003
Charles Lapp
3230 Columbia Falls Stage Road
Columbia Falls, MT 59912
Re: Blue Herron Subdivision Improvements
Dear Charles:
Earlier this fall we met with yourself and Jean Johnson regarding the required
landscaping/street tree subdivision improvements for Blue Herron Subdivision.
t that time we reviewed the street tree ordinance and approved tree planting list.
It was agreed that the developers would plant the required approved trees to city
standards at a later date when tree planting is more appropriate to the
construction status. That is after driveways, sidewalks, etc, have been installed.
As per our phone conversation December Wth , 2003, you are about ready to file
final plat and have indicated to me that you have bonded for the appropriate
street tree improvements to city standards.
Thank you for your cooperation and consideration for developing a quality
subdivision project. If you have any questions or concerns, please give me
call.
Sincerely,
Michae aker, Director
Kalispell Parks and Recreation
Cc: Narda Wilson, ri-city Planning
P
A uL J. S.ToKEs & AssociATEs. INC.
Consulting Engineers
December 2, 2005
Michael Baker, Director
Kalispell 'arks & Recreation
P.O. Box 1.997
Kalispell, MT 03-1
(DIE OV F
2005
KAL&ELL PLANNING DEPARTMENT
RE: Bike Frail — Fal Plat — Blue Heron Estate No.
SE 1/4, SE 1 4, See. 3, T.28N., R.29W.
Flathead County, Montana
,scar Mike;
22 Second Avenue 'west, Suite
Telephone )7 -77
FAX 0) 7 -2 1
Reference is made to our conversation of December 16, 2005, pertaim'ng to the above -mentioned
project. Charles has filed an application for Final Plat of Phase 1111 of Blue Heron Estates. The
Kalispell Planning Office and Other Departments are currently reviewing said application.
As we discussed, The Department of Public Works has requested verification from your
department that Charles has budgeted and bonded enough funds to complete the landscaping on
the berm for the bike trail Phase 111. The berm is in place and ready to be seeded when weather
permits. The SIA and Bond have been submitted with the application for Final Plat.
If you need any clarification or have Sher any questions, please feel free to contact our office.
Yo s Very Truly,
PI�.�, J. STOKES / ASSO ATE , NC.
A" Jnl*6b}�' P�ajtct Manager -
Kalispell P,#ks & RecreationAcknowl ge By:
"Iker, Director
cc: Kalispell Planning Department
Kalispell .public Works Department
Charles Lapp
le
. M i 1 ing Address
.
.
61
7.
FLATHEAD -COUNTY A� �QAC�H, PERMIT Pelmlit 1404,
rzer Nature imii t )
eZ2 — /OW�
••�IFl�I+w•.A�I� Illil�������� I i��■ �.�I�I.W41irN,�_ _-_
(include City,, St to and Zip Cam)
Property Address of approach. x9a d XCAJ I-SQ2L
a T .
q a Zoning I qul t i ons ', Yes � I Yes, la ions l� ss ' i�
fowls t � Representative i I�atu a and Date.
F
J'
f + � '} ';Z
lkp
Sect ion
p Range
.Fbr how long a rod is the permit desired:
Permittee my be required, as outlined in Policy Book -let, to ubtain bonding I both
names,, (Flathead amity Road Department "or" l icant) for assurance of construct ion
repairs, also to pad' necessary o d i tees, if r uIred.
Receipt No.
A.W1 icat ion Fee. Check No �•1 1:4Iq YgWY: rry' i��\�WgFr" P4�W.MWIih/rr� illiM �I��I I.iY�YiW�I ..IFM �14
14aw of Surety omparw;
Type of Surety. NO • ,..� Amt
tin must be flagged with amass posted for pre -construction inspection.
. Rest # All right-of-way disturb by the utilization of this approach must be
reseeded according to the spec: i i oat i m of the Flathead County Weed Dept. Contact
Weed Department for area infoimation acid peci cat ns.
11 AEM9-VM AEBM80 E�&& i ease see the at t ad sits for requireinents,
12. Road Dex-trn is to be n ti led upon completion of work for scheduling of Insf,-ectiorl.
kPlicant will canplete this fom and twit it to the Flathead C unty Pbad Dept.
s ai:qlicatlon is for all approaches on or thru County right-of-way. When
a i i cant has signed both sides �1 i cat ion and application is a pr ed, cowli i be made available to applic;W.isee reverse side),,
lEE
ALppl i cant
Applicant
�; -0/0 - //
QPD DEPT.
AutPbri� Representat i-ve
Title Date
BOA of COMIUSSIONERS
Y„4�.IMMY
Chal rman Date
Commissioner Date
Tate
Approve -Post 1rispect Date Cb1milissioner Date
1� � � �
POSTMASTER
ST/.I/!iES�GfiUNMM
+�S?� SEi�'V�
December 5, 2003
Charles Lapp
Dear Mr Lapp,
Thank you for meeting with us yesterday. It has been determined that your development will fall into
the area of Rural Delivery In Kalispell. However, I am not able to meet with the delivery manager until
early next rel_ I do want you to know that progress is being rude and we should have an area and
specific information for you next week. You may have the City of Kalispell manager contact me if they
need personal verification that the wheels are turning on your project and contact with us.
Thank you.
x
rely,
o-e��
Dan Kolesar
350 NORTH MERIDAN
KALISPELL, MT 5901µ
406 75 - 450
FA a 406 75 -0045
CONSENT TO PLAT
Y
Thim i i! rliarcin nad qtA oasf SQLA k, Dr- i/r;w h^Wdn° r ft- I f% k&k
Beneficial interest in a mortgage recorded .,�. �s r� ,as document
&6�&-&3 , records of Flathead County, Montana, do hereby consent, pursuant
to Title 76, Chapter 3, part 612, MCA 19 9 , to the subdivision and platting of property
included o such mortgage, such subdivision to be known l Htro -131— ,
n witness whereof, this consent has been executed this day of 2
Lb
Sign }
State Of1 ±
ss.
County
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n this,/ �av of�� th under nd, Note Public
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for the State d-4 rs n l ere � � � known nee
t be the person(s) whose name(s) is (are) scribed to the foregoing instrument, and
acknowledged to me that he executed the same.
In witness whereof, I have set my band and affixed my Not`I Seal the day and year
first above written.
Mary Public for the Stcate� :vNOT
SEAL
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Residing at. /
My comet ssi n expires
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Plat Room
Flathead County, Montana
800 S. Main s.
Kalispell, MT 59901
-1
This Fora is for Subdivisions & Condominiums Only
: SANDS
FO R: LAPP DATE: 11/17/05
S HERON ESTATES NO S. SUB.
.2 EX. Tr. A & B, Vogler Sub.,
Park, Blue Heron Est. No. 1-
.2-2-22
YEARS
2000 thru 2001
2001 thru 2003
21 thru 2005
2005 ONLY
... ......................................................
I hereby certify that there are no outstanding taxes on the property
assigned the assessor numbers listen above, for the years indicated for
each assessor number.
Deputy Treasurer
(seal) DEC 0 0 2 0 05
DECLARATION OF DESIGN GUIDELENES., CONDITIONS
COVENANTS, AND RESTRICTIONS
BLUE HERON ESTATES No. 3
THIS DE AR.TI Nmade this �.� � day o �v,2005, the undersigned,
Charles and Mickey Lapp of 3230 Columbia Falls Stage, Columbia Falls, Montana 59912
Whereas, the undersigned is the owner of certain real property known as Blue Heron
Estates No 3, according to the recorded plat thereof on file and of recording the Office o
the Clerk and recorder of Flathead County, Montana Blue Heron Estates No. 3 is a
subdivision located in the SE 1/4 S E 1/4 Section 2, Township ship N, Range 22 W. P.M.M.
and said subdivision will be a phased prqject with future phases being added to the Home
Owners Association and subject to these guidelines, conditions,, covenants, and
restrictions herein after set forth, each and all of which is and are for the benefit of said
propel and for each owner thereof ,and shall pass with said property and each and every
parcel thereof, and shall apply to and bind the successors in interest and any owners
thereof.
NOW, THEREFORE,,
Charles and Mickey Lapp, herein referred to as Declarant t being the owner of all the real
property known as Blue Heron Estates No. 3. according to the plat hereby declares that
the said real property is, and shall be held, transferred, sold or conveyed, subjected to the
design guidelines, conditions, covenants, and restrictions hereafter set. Forth.
The design guidelines, conditions, covenants, and restriction, hereinafter set forth are
designed to provide a uniform plan for the development the whole of said subdivision.
All persons or corporations who shall hereinafter acquire any interest in the above
described property shall be taken and held to agree and covenant with the owner of the
lots in said subdivision and with their heirs, successors and assignees, to conform to and
observe the following conditions, covenants,, and restrictions as to the use thereof and as
the construction of dwellings and improvements thereon . Each owner is responsible for
complying with and meeting the spirit and intent of the criteria of the Guidelines,,
Conditions, Covenants, and Restrictions,
.o Blue Heron Estates Homeowners Association
The Declarant shall create an organization consisting of all owners to be called the
Blue Heron Estates Home Owners Association. Said association shall be operated
as per Roberts Rules of Order.
Blue Heron Estates Homeowners" Association shall be formed at a time
designated by the Declarant, but no later than when ° of the lots have occupied
structures, and shall consist of the owners of each lot of Blue Heron Estates No..
The owner or owners of each lot shall e entitled to a single vote 'in the
Association. The Board Of Directors, shall consist of not fewer than. 0% and not
greater then 1 % of the lot owners.
The Blue Heron Home owners Association shall be responsible for the care and
maintenance of the common properties and each homeowners use of the common
properties will be governed by such rules as adopted by the Association. For the
purposes of maintaining and caring for these common properties, the Board of
Directors may make reasonable annual assessments to the lot owners and such
assessment may be collected in a suit subject to the provisions stated below for
enforcement of covenants and may become a lien upon the land by a filing by the
Board of Directors of a lien which shall describe the lot, state the amount of the
assessment that has not been paid, and when it was assessed. A lot owner whose
lot is subject to such a lien must pay the assessment, costs before the Tien 1s
released. This lien may also be foreclosed in the manner of foreclosure for
mortgages with the prevailing party entitled to attorney fees. Common properties
as used herein shall include designated parkland. Lot owners are encouraged to
remain active members of this Association. Each lot owner is a member er of the
,Association by virtue of his acquisition of the lot.
2.0 Design Review Board
The Design Review Board B shall l consist of the Declarant, and for whom
ever they may appoint. When the Blue Heron Hone owners Association has been
established, the Board Of Directors may act as the DRB.
3.0 The Process
The DRB is responsible for reviewing and approving all development ent within Blue
Heron Estates No.3. This includes but not limited to, new construction
renovation, expansion or refinishing of the exterior of structures. Plans must be
reviewed by the DRB before construction.
The DRB process has been designed to encourage dialogue with owners and
builders. The process is intended to be constructive , not adversarial or
unnecessarily restrictive.
As owner, you shall ensure your development team complies with the following
general requirements to assure Blue Heron Estates No. 3 of your commitment to
respecting the community within which you are building
.o Building Guidelines:
Guidelines are outlined in .more detail as follows.
5.0 Lot Grading and. Drainage are responsibilities of the Owner/guilder.
Every effort should be made to save all top soil while excavating for foundation
and drive way to be used in fornin ; the yard. Foundation elevations must be set
with drainage as a priority. Typically, Natural drainage patterns and flow should
not be obstructed. Your development and other improvements should be sited to
avoid drainage courses.
5.1 Driveways may be considered individually or in common with a suitable adjacent
lot and owner. You may be required to provide a Shared Access Agreement i
undertaking to incorporate a common driveway or amenity. This location must
consider safe road design, in particular relative to intersections, vehicle stacking
and natural landscape impact on safe driver site lines.
The owner is responsible to maintain the lot and road right -of -way, including side
walks.
Driveways shall be adequately reinforced concrete.
.o Building limits and exterior walls of the building and foundation are to be
designed to meet all set backs established for the applicable zoning.
6.1 Building Size: Each dwelling unit shall be site built and contain not less than
1200 square feet of total living space; exclusive of attached garage and open
porches. Houses with exact exterior designs must not be in adjoining lots. If the
designs are similar they must be differentiated with such things as porch design
dormers, bays or the like. Simply " flipping"' a plan would not be adequate.
.2 Buildings should provide horizontal and/or vertical breaks in the wall planes.
Establishing a rhythm of openings between solids and voids in the facade through
design and proportion.
Front and Rear Elevations should be articulated with relief. variations in set
backs in both plane and elevation are encouraged,
6.3 Building Heights should take advantage of the view opportunities, while at the
same time be sensitive to adjacent development, and land. slope. Maximum
building heights are measured in accordance with applicable zoning.
6.4 Roof Shape & Character is important to avoid vertical monotony. The use o
pore or balcony roofs and dormers of all sizes contributes to the human scale.
This is encouraged to provide a texture and an apparent reduction of the built
mass.
6.5 Finishing for the various building faces, walls and roofs must adhere to the
following notes:
A. Materials for roofs may be asphalt., flat concrete or fiber -cement the or
similar composition material, metal or wood material must be approved by
B. Siding Materials for walls must be lap style. Stucco,, stone or brick may be
incorporated as an accent, Duplex Townhouses must remain consistent in
roofing and siding.
C. Materials for garage doors are preferred in a type of maintenance free
construction. Garages must be at least 2 car - one or two door design is
acceptable,
6.6 Exterior lighting s to be limited to low intensity non -glare fixtures to provide
adequate illw-nination for safety and aesthetic enhancement. Uncovered light
fixtures or non- focused, non- downward lighting fixtures are not permitted.
6.7 Building Accessories are those various attributes that aire part of the atmosphere
of each building. The following elements are often used and the following
conditions are directed at hoer they may be used in Blue Heron Estates No 3.
A. Antennae are restricted to interior attic applications only,
B. Satellite dishes may be used if discretely located on the building and a
maximum 24" diameter. Large ground mounted satellite dishes are
prohibited.
ited.
C. Address identification, is mandatory and suggested near the road by the
vehicle access driveway for delivery and emergency response purposes,
D. Garbage mast be contained near the side or rear of each residence in
containers furnished by garbage disposal services.
E. Fencing is to comply with applicable zoning*
F. Out buildings shall be developed to coordinate with architectural mobf
and finish of the house. They are to be located within the back yard, and
cannot be larger than 0% of the living space of the house.
6.8 Compliance with other regulations: It remains the responsibility of the
Owner/Builder to ensure that the construction of any buildings on the site
conforms with State, Town or Municipal laws, regulations, by-laws or other
enactment's, and any encumbrances affecting the title to the property, including.,
without limitation, utility rights -of -way, easements and restrictive covenants and
all requirements outlined in the drainage section of these covenants.
,o Landscape Guidelines
All open or undeveloped area of the lot should be seeded or sodded in conjunction
with any other plants, shrubs or trees and maintained appropriately.
7.1 Tree planting is encouraged as part of your lot and development process.
7.2 Lavm Areas should be seeded or sodded with a movable seed mixture.
7.3 Retaining Walls are to be designed and constructed so as to blend into the natural
landscape. They may take on a more natural appearance through the use o native
rock timber and plant material, or perhaps reflect the architecture presented
through the building by incorporating matching or complimentary material and
detail.
.o Site Guidelines
The following guidelines shall be included in any construction and or project
plans for any lot located within Blue Heron Estates No.3. These guidelines shall
be strictly adhered to and shall he interpreted as the intent of these Design
Guidelines, Conditions, Covenants, and Restrictions.
.1 Purpose, Use and Activities.
A. No lot shall be used except for single-family residential purposes, or
duplex/townhouse.
B. No lot or sub lot shall be further subdivided.
C. No temporary building, house trailer, mobile home, basement or partly
finished building or ,structure shall he erected or placed upon any lot
during construction. All construction shall be complete within one year
from the date construction begins. All homes must be new eostrction.
Factory built homes are not allowed within the subdivision,
D. The parking or storage of campers, carping trailers, pick-up campers,
boats, snowmobiles, trailers, infrequently used or seasonal vehicles must
be kept in the side or back yard. Street parking is reserved for short term
parking such as guests
E. No advertising, billboards or advertising structures of any kind shall be
erected, used or maintained on the property.
F. At the time of home construction, lot owner shall construct a minimum
two ear attached garage on the property .
G. Home business must comply with applicable zoning and must comply with
city ordinances and not create undo vehicle traffic.
H. Fuel tanks are not allowed.
1. All utilities shall be under ground.
8.2 Park Space (Recreational Area)
A. Park space has been created as per subdivision regulations and some non
home owner use can be expected but not encouraged.
B. The maintenance of the Park Space shall be provided at the expense o
Horne owners Association. Any expenses incurred for such maintenance
shall be included as dues or assessments as The Board of Directors shall
determine.
C. Any Real Estate Taxes imposed by any agency hailing jurisdiction upon
the 'ark Space, or any other expenses deemed appropriate by the Board o
Directors shall be paid by the Home owners Association.
8.3 Animals, Birds, and Pets
No animals, fivestock or poultry of any kind shall be raised, bred or kept any lot,
except that dogs, cats or other household pets may be kept, provided that they are
not kept, bred or maintained for any commercial purpose and must be confined to
their owners property and must be kept under their direct control,, as per local
ordinance.
8.4 Removal of Waste, Property Appearance and Upkeep
A. Noxious or offensive activity shall not be carried on upon any lot, nor shall
anything be done thereon which may be or may become an annoyance to
the neighborhood including barking dogs*
B. All structures upon the property shall be kept in good repair and
appearance.
C. No part of this property shall be used or maintained as a dumping ground
or storage ground for rubbish, trash, garbage, old automobile or other
waste. All waste shall be stored in containers wished by garbage
disposal services and shall be promptly removed from the property in a
timely manner.
D. Property owners shall comply with a weed management plan approved by
the Flathead County Noxious Feed. Board.
9,0 General Provisions
A. These Covenants are to run with the land, and shall be binding on all
parties, and all persons claiming under then, unless an instrument signed
by a majority of the owners of the lots has been recorded agreeing to
change said covenants in whole or in part.
B. The Grantor and every person hereinafter receiving any right, title o
interest in any tract in said property shall have the right to prevent or stop
violation of any of the said restrictions by injunction or other lawful
procedure, in law or in equity, against the person or persons violating or
threatening to violate these restrictive covenants. Any person who shall
prosecute an action suceessfaily may recover any damages resulting from
such violation, and it is expressly understood by any persons purchasing
this property that, if an action successfully brought against him for a
violation of these covenants, that a reasonable attorney's fee shall be
assessed against him in addition to any other damages.
C. Invalidation of any one of these covenants by judgment or court order shall
in no way affect any of the other provisions, which shall remain in Full
force and effect.
D. These covenants may be altered or additions made thereto with the written
consent off'the owners of at least eighty percent 0% the lets by
number or the owners of lots agreeing thereto, by written amendment,
acknowledged by signature and filed with the office of the County Clerk
and Recorder of Flathead County, Montana. The Blue Heron Estate
Homeowners' Association shall be entitled to enforce these regulations as
if it was a lot owner and be, upon prevailing, entitled to attorney Fees. Any
amendment is to be deemed effective thirty o days after recording or
filing. The revised Declaration of Covenants so approved will be the
governing document regarding said covenants and all previous Declaration
of Covenants will have no force or effect.
10.0 Enforcement
Before legal proceedings are commenced, the DRB intending to enforce the
covenants shall notify the lot owner violating any covenant in writing specifying
the failure and demanding ding that it be remedied within a period of thirty 30 days of
the date of the notice. if the over fails or reuses to remedy the violation within
said 30 days, then the flue Heron Estate Association or DRB shall have the right
to undertake any and all action that they in their sole discretion deem necessary
and reasonable under the circumstances in order to terminate or correct the act or
condition which violates the covenants including obtaining legal or equitable
relied' including injunctions or orders and/or entering upon the premises for the
poses of removing any non -complying improvements, .nuisance, garbage or
vehicle. No entry upon a lot by the DRB, the Board of Director, or its agent for
poses of enforcing these covenants shall be deemed a civil or criminal trespass.
IN WITNESS WHEREOF, I have hereunto set my hard the day and year
first herein above written.
3i
STATE OF MONTANA )
)Ss
County of Flathead
O
t� � dad � , before me, the undersigned, Notary ie
for the State of Montana, personally appeared i" - - { � � �:, � � �; : � ; � w known to
.e to be the person whose name(s) is/are subscribed to the Sri ` . in tr rnent, and
acknowledged to me thathe/they executed the same.
IN WITNESS WHEREOF, I have set my hand and affixed my:N6tary Seal the day and
year first above written.
NM* Put& for-'-t-"Fe-S-tate of Montana
Residing at:
My Commission Expires}�
TICOR TITLE INSURANCE COMPANY
Policy No. 7403078so 1102
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 party named or referred to in
Schedule A or with respect to the validity, legal effect or priority of any matter shown therein.
2. The Company's liability hereunder 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's' liability
exceed the liability amount set forth in Schedule A.
PLEASE NOTE CAREFULLY THE LIABILITY EXCLUSIONS AND LIMITATIONS S AND THE SPECIFIC
ASSURANCES AFFORDED Y THIS GUARANTEE. IF YOU WISH ADDITIONAL LIABILITY, OR
ASSURANCES OTHER THAN AS CONTAINED HEREIN, PLEASE CONTACT THE COMPANY Y FOR
FURTHER INFORMATION AS TO THE AVAILABILITY AND COST.
Dated: }
f
.. Autorid Signatory
TICOR TITLEINSURANCE COMPANY
�� '{•t
y IFPresident
t
Wb
Attest + Secretary
�{tf1)tiiS�
Reorder Form No. 8 (Reprinted 1 /00
MisceffanCGUSGuamntee Face Page
for Use In Mona & Washington
CERTIFICATE OF PLAT
Guarantee No.:7403078-1102
Order o.: 2060504169
Liability: .t �000.00 Fee: $1 0.00
Effective Date of Guarantee: November 17, 2005 at 7: 0 AM
The Assurances referred to on the face page hereof are:
That, according to the Cori a y's property records relative to the following described real property
(but without examinafion of those Company records maintained and Mdeed by name):
Tract of land, situated, lyi , and being inn the Southeast Quarter of the So .t east Quarter o Section ,
Township 28 No h, Range 22 West, .M. 4, Flathead County, Montana, and more particularly descSri .
follows to it:
Lot 2, Amended Plat of a portion of Lot 2, Vogler Subdivision No. 2 and a Park,:flue Heron Estates No. I (records
ofFlathead County, Montana).
The above described Tract of land shall hereafter be known as: Bice Heron Estates No. 3.
EXCEPTING THEREFROM rights of the public In and to that portion of the premises know. as Stillwater Road.
Title to said real property is vested in; Charles and Mickey Lapp (as to a portion);
Charles Lapp and Mickey Lapp, as joint tenants (as to the remainder)
EXCEPTIONS:
1= Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes
or assessments on Real Property or by the public records.
. U pa ented mining claims; reservations or exceptions the United States Patents or in Acts authoTizing the
issuance thereof; water rights, claims or title to grater.
. Title to any propel 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,
`wmels, 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.
. An easement for the purpose shown below and rights incidental hereto as set forth in document}
Granted to: American Telephone and Telegraph Company, a New York corporation.,
impose; Public Utilities.
Recorded: November 2, 1993.
l strme t o.: 3- 0 -0 -0, of Official Records.
. Terms and provisions of Mate of Montana, Department of Envirommental Quality, Certificate of S di slon Plat
Approval, recorded with Vogler Subdivision on August 6, 1997 Instrument eut No. 1 7- 1 -1.1 -0, of Official
Records,
CERTIFICATE OF PLAT
Order No: 2060504169
Policy No: 030 8-1102
. Terms, provisions, covenants, conditions, definitions, obligations, reservations and restrictions, contained i
Document:
ent:
Purpose: Subdivision Improvement Agreement
Recorded: August 6, 1997
Instrument No.: -2 - 135-0, of Official Records.
. Easements, reservations, restrictions, rotes andJor dedications as shown on the official plat of Subdivision No.
.
8. Covenants, conditions and restrictions, but omitting any covenant or restriction based on race, color,Teligion, sex,
handicap, familial status, or national origin unless and only to the extent that said covenant a is exempt under
Chapter 42. Section 3607 cote United States Code or (b) relates to handicap but does not discTmiinate against
handicapped persons as set forth in the document. Warranty Deed
Recorded: August 2, 200 1.
Instrument No.: 200 -2 - -0, of Official Records.
. Terms, provisions, covenants, conditions, definitions, obligations, reservations and restrictions, contained in
Document:
Purpose: Resolution No. 4783 A Resolution to provide for the Alteration oft e Boundaries of The City o
Kalispell by including therein as an vexation.
Recorded: June 9, 2003
Instrument No.: 2003-1 0-1 i 0 -0, of Official Records.
10. Terms, provisions, covenants, conditions, definitions, obligations, reservations and restrictions, contained in
Document:
Purpose: Petition to Annex and Notice of Withdrawal From Rural Fire District
Recorded; June 9, 2003
Instrument No.: 2003- 0-i 10 -0, of OfficialRecords.
1. Easements, reservations, restrictions,, rotes and/or dedications as sore on the official plat of Blue Heron Estates
No. I recorded January 22, 2004 strument No. .2 - 22-i 0- , of Official Records,
2. Covenants, conditions and restrictions, but omitting any covenant or restriction based on race, color, religion, sex,
sexual orientation, disability, handicap, familial status, marital status ancestry, national o n or source of
income, as set forth in applicable state or Federal laws, except to the extent that said covenant or restriction is
permitted by applicable law..
Recorded; January 22, 2004.
Instrument No.. 200 -022-1 31- , of OfficialRecords.
AND Modifications of said covenants, conditions and restrictions
Recorded: September 12, 2005
Instrument No: 2005-255- 5 0-0, of Official Records.
13. Terms, provisions, covenants, conditions, definitions, obligations, reservations and restrictions, contained in
Document:
Purpose: Subdivision Improvement Agrreement
Recorded: . January 23, 200
Instrument Not; 200 -023-0 12-0, of Official Records.
CERTIFICATE of PLAT
Order No: 2060504.169
Policy No: 403 0 8 - 102
4. Covenants, conditions and restrictions) but omitting any covenant or restriction based on race, color, religion, sex,
sexual orientation, disability, handicap, familial status, xarltal statues ancestry, national origin or source cif
income, as set forth In applicable state or federal laws, except to the extent that said covenant oar restriction is
permitted by applicable later.,
Recorded: September 9, 2004.
Instrument ent No. 2004-2 3 -12 3 1--0, of Official Records.
15. Terms, provisions, covenants, conditions, definitions, obligations, reservations and restrictions, contained in
Document:
Purpose: Grant of Conditional Use
Recorded: April 2, 200
Instrument No.: 200 - o- 12o 1- , of Official Records.
16. Liens} levies and assessments of the Blue Heron Estate Homeowners Association.
. A Deed of Trust/Trust Indenture to secure an indebtedness in the amount show below and any other obligations
secured thereby:
Amount: 339,889.80.
rustor Grantor: Charles Lapp and Mickey Lapp.
Trustee: Alliance Title & Escrow Corp.
Beneficiary: Mountain West Bank of Kalispell, N.A.
Dated: September 15, 200
Recorded: September 20, 2005.
Instrument No.: 200 -2 3 - i 2 -0, of official Records.
18. Easements, reservations, restrictions, notes and/or dedications as shown on the official plat of the Amended ,flat
of a portion of Lot 2. 'Vogler Subdivision No. 2 and a Park, Blue Heron Estates No. 1 recorded December 7, 2.0005
as ffistrument No. 2 -34. - .2 - , ofOfficial Records.
19. Easements, reservations, restrictions, notes and/or dedications as shown on the preliminary plat of Blue Heron
:estates No. 3.
20. Terms and provisions of Mate of Montana, Department of Environmental Quality, Certificate of Subdivision Plat
Approval, to be recorded with the Plat of Blue Heron Estates No. 3, of official Records.
NOTE: The above property appears to be located in the City of Kalispell Fire District.
1,106106.
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