07. Final Plat - Muskrat Slough SubdivisionTri-City Planning Office
17 Second Street East — Suite 211
Kalispell, Montana 59901
Phone: (406) 751-1850
Fax: (406) 751-1858
trieity ,centurytel.net
REPORT TO: Kalispell Mayor and City Council
FROM: Narda A. Wilson, Senior Planner
James H. Patrick, City Manager
SUBJECT Final Plat for Muskrat Slough Subdivision
MEETING DATE: March 7, 2005
BACKGROUND: This is a request for final plat approval of a 20-lot residential
subdivision on 8.98 acres in the southeast part of Kalispell. The property is zoned R-4, a
Two Family Residential zoning district that has a minimum lot width of 50 feet and a
minimum lot size requirement of 6,000 square feet. The district allows duplexes and single-
family homes as permitted uses. The property lies on the north side of Russell Drive,
south of Kelly Road and west of Willow Glen Drive in an area generally known as
"Greenacres." The lots in the subdivision are generally over 8,000 square feet in size.
The Kalispell City Council approved the preliminary plat on September 4, 2001 subject to
conditions and a one year extension was granted. All of the conditions have been met or
otherwise adequately addressed through the subdivision improvements agreement.
Approximately 89 percent of the improvements have been completed. The subdivision
improvements agreement includes some remaining landscaping, sidewalks and paving
that has not been completed. The SlA covers the cost of the improvements plus 25
percent as required in the Kalispell Subdivision Regulations. A letter of credit in the
amount of $49, 500 has been submitted with the final plat to cover the cost of the
improvements with the improvements anticipated to be completed by November of 2005.
A cash in lieu of parkland dedication check has also been submitted in the amount of
$8,085 as required.
RECOMMENDATION: A motion to accept the subdivision improvements agreement and
approve the final plat for Muskrat Slough Subdivision would be in order.
FISCAL EFFECTS: Minor positive impacts once developed.
ALTERNATIVES: As suggested by the city council.
Respectfully submitted,
Narda A. W1 son ames H. Patrick
Senior Planner `—'City Manager
Report compiled: March 2, 2005
Attachments: Letter of transmittal
Final plat application and supporting documents
Providing Community Planning Assistance To:
City of Kalispell - City of Coium bia Falls ® City of Whitefish
Appendix - Page A-23
APPENDIX E
SUBDMSION DAPROVEMENT AGREEMENT
THIS AGREEMENT, made and entered into this �_ day of
by and between the CITY COUNCIL, CITY OF I�ALISPELL, MONTANA, Party of the
First Part and hereinafter referred to as the CITY, and
(Name of Developer)
a€�
(Individual, Company or Corporation)
located at 3 g
z
(Street Address/P. 0. Box) (City, Count), State, Zip)
Party of the Second Part and hereinafter referred to as DEVELOPER.
THAT WHEREAS, the Developer is the owner and developer of a new subdivision
known as
(Natne of ubdivision)
located at tJSS fit. T)21 oz
(Location of subdivision)
and,
the City has conditioned ifs approval of the final plat of
: m , upon the conditions as set forth
- -(Name of Subdivision)
in the Preliminary Plat of the Subdivision being completed and all improvements, as cited in
"Exhibit A" have not been completed at this time, and the Developer wishes to bond for the
completion of those improvements set forth in "Exhibit A", and
WHEREAS, the City's Subdivision Regulations require that a subdivider shall provide a
financial security of 125% of the estimated total cost of construction of said improvements as
evidenced by an estimate prepared by a Iicensed public engineer included herewith as "Exhibit B";
and
WHEREAS, the estimated total cost of construction of said improvements is the sum of
NOW THEREFORE, in consideration of the approval of the final plat of said Subdivision
by the City, the Developer hereby agrees as follows:
I. The Developer shall deposit as collateral with the City a letter of Credit, or other
acceptable collateral as determined by the City Council, in the amount of
Said Letter of Credit or other collateral shall have an expiration
date of'at least sixty 60) days following the date set for completion of the improvements, certifying
the following:
Page A-24 - Appendix
a, That the creditor guarantees funds in the sum of
t estimate cost of completing the required improvements in
(Name of Subdivision)
b. That if the Developer fails to complete the specified improvements within
the required period, the creditor will pay to the City immediately, and without further action,
such funds as are necessary to finance the completion of those improvements up to the
limited of credit stated in the letter,
2. That said required improvements shall be fully completed by
I That upon completion of the required improvements, the Developer shall cause to
be filed with the City a statement certifying that -
a. All required improvements are complete;
b. That the improvements are in compliance with the minimum standards
specified by the City for their construction and that the Developer warrants said
improvements against any and all defects for a period of one (1) year from the date of
acceptance of the completion of those improvements by the City;
C. That the Developer knows of no defects in those improvements;
d. That these improvements are free and clear of any encumbrances or lions;
e. That a schedule of actual construction costs has been filed with the City;
and,
f. Ail applicable fees and surcharges have been paid.
4. The Developer shall cause to be filed with the City copies of final plans, profiles,
grades and specifications of said improvements, with the certification of the registered professional
engineer responsible for their preparation that all required improvements have been installed in
conformance with said specificallons.
Appendix - Page A-25
IT IS ALSO AGREED BY AND BETWEEN TIME PARTIES HERETO AS
FOLLOWS, TO -WIT:
That the Developer shall provide for inspection of all required improvements by a registered
professional engineer before the Developer shall be released from the Subdivision Improvement
Agreement.
That if the City determines that any improvements are not constructed in compliance with
the specifications, it shall furnish the Developer with. a list of specific deficiencies and may
withhold collateral sufficient to insure such compliance. If the City determines that the Developer
will not construct any or all of the improvements in accordance with the specifications, or within
the required time limits, it may withdraw the collateral and employ such funds as may be necessary
to construct the improvement or improvements in accordance with the specifications. The unused
portions of the collateral shall be returned to the Developer or the crediting institution, as is
appropriate.
IN WITNESS WIIEREOF, the Parties have hereunto set their hands and seals the day and
year herein before written.
(Name ZSubMdiv'by`
(Title)
STATE OF MONTA . A
On this day of 5 , before me, a Notary Public
for the State of Montana, personally appeared . -r v, v . i k ,� 3 k- _. , known to
f�
me to be the c �'v' ; of -Swwhose
name is subscribed to the foregoing instrument and acknowledged to me that he/she executed the
same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal this
day and year first above written.
No Public for the State of Montana
Residirig at
My Commission Expires; ;
MAYOR, CITY OF KALISPELL ATTEST:
Page A-26 - Appendix
EXHIBIT A
Conditions of approval as fixed to the preliminary plat by the City Council, Kalispell, Montana.
M. .
This agreement specifically includes the following improvements, their projected
construction completion date and estimated construction casts.
CHECK CONSTRUCTION ESTIMATED
APPROPRIATE COMPLETION
CONSTRUCTION
IMPROVEMENTS BOX
Street Grading/Paving
Street Base
Sidewalks
Curbs and Gutters
Sanitary Sewers
Mains
Other ( )
On -Site Sewage
Facilities
Water Systems
Mains
Other ( )
On -Site Water Supply
Water Storage Tanks
Fire Hydrants
Storm Sewer or
Drainage Facilities
Street Signs
Street Lighting
Street Monuments
Survey Monument Boxes
Landscaping
Other( ) rcAlt j�
TOTAL COLLATERAL (TOTALSCOSTS X I25%)
DATE
J J" �;-
I
COSTS
! 41000 -
s
SUBTOTAL
FEES
TOTALS COSTS
ITEM
UNITS
NO UNITS
UNIT COST
TOTAL COST
ROAD
Cut/Fill
C.Y.
5,600
$
2,50
$
14,000.00
Stabilization Fabric
S.Y.
2,400
$
115
3,000.00
Pit Run
TON
12,500
$
5,50
68,750,00
1" Crushed
S.F.
24,000
$
0,45
10,800,00
4" Asphalt
S. F.
21,000
$
0.75
15,750,00
Curb and Gutter
L.F.
1,280
$
7.75
9,920.00
Sidewalk
LUMP
1
$14,000.00
$
14,000.00
Street Signs
EACH
1
$
350,00
$
350-00
Backfill, Topsoil and Seeding
LUMP
1
$11,000.00
$
11,000,00
TOTAL ROAD
$
147,570.00
STORM WATER
Catch Basins
EACH
4
$
1,200.00
$
4,800.00
12" Gravity
1-1-
270
$
4.00
$
1,080.00
Drain Rock 12 x 6 x 270
C.Y.
Boo
$
5,50
$
4,400,00
TOTAL STORM WATER
$
10,280.00
WATER
Connect to Existing
L.S.
1
$
1,500.00
$
1,500.00
8" Water Main
L. F.
630
$
18.00
$
11,340.00
6" Water Main
L.F.
60
$
1,500,00
$
90,000.00
8" Gate Valves
EACH
2
$
1,500.00
$
3,000.00
Fire Hydrants
EACH
2
$
2,500.00
$
5,000.00
Misc 8" Fittings
EACH
14
$
250.00
$
3,500.00
1" Water Service
EACH
20
$
250.00
$
5,000.00
TOTAL WATER
$
119,340.00
SEWER
8" Sewer Main
L.F.
770
$
20,50
$
15,785,00
4' Diameter Manholes
EACH
6
$
2,50000
$
15,000-00
4" PVC Services
EACH
20
$
250.00
$
5,000-00
Tie to Existing
EACH
1
$
5,000.00
$
5,000,00
TOTAL SEWER
$
40,785.00
UTILITIES
Common Utility Trench
L.F.
1,860
$
2.00
$
3,700.00
1" Conduit
L.F.
380
$
135
$
513-00
3" Conduit
L.F_
1,600
$
2,94
$
4,704,00
4" Conduit
L.F.
70
$
3.85
$
269,50
3" Steel Sweeps
EACH
1
$
85.00
$
85.00
1 Phase Transformer Vault
EACH
3
$
650.00
$
1,9%00
Three Phase Transformer Vault
EACH
1
$
1,250.00
$
1,250.00
Lift Station Fence
Lump Sum
1
$
3,000.00
$
3,000-00
Lift Station and Pumps
EACH
1
$23,000.00
$
23,000.00
Three Phase Power
EACH
1
$
5,300.00
$
5,300.00
Three Phase Natural Gas Generator
EACH
1
$
8,950. 00
$
8,950.00
TOTAL UTILITIES $ 52,721.60
CONSTRUCTION TOTAL $ 370,696,50
AMOUNT COMPLETED - 89% $ 331,596.50
AMOUNT OF WORK REMAINING $ 39,100-00
REQUIRED BOND AMT-. 125% $ 48,875.00
$ 111,470.00
$ 4,800-00
$ 1,080-00
$ 4,400.00
IAIH•tM
$ 15,785.00
$ 15,000.00
$ 5,000.00
$ 5,000.00
4 0 �# W
$ 3,700-00
$ 513,00
$ 4,704.00
$ 269.50
$ 8&00
$ 1,950.00
$ 1,250.00
23,000.00
$ 5,300.00
$ 8,950.00
R.
IRREVOCABLE LETTER OF CREDIT NO.0405
City Council
City of Kalispell
248 3r4 Ave East
Kalispell, MT 59901
RE: Timothy R. Birk
Flathead Bank of Bigfork has established an Irrevocable Letter of Credit in your
favor, at the request of Tim Burk, to the extent of FORTY NINE THOUSAND
FIVE HUNDRED AND NO/100, as a performance bond for the above referenced
Developer.
Said funds are available by presentation of your sight d.raft(s) which: (a) clearly
specify the number of this credit, and (b) are drawn in favor of project cited
above.
Drafts drawn in conformity with conditions of this credit will be honored by us if
presented at our bank on or before January 27, 2006.
Bank represents that it is IODIC insured.
Sincerely,
4gren
i
rrk
Senior Vice President
JB/Jp
800 GFand A§fame, P.O. Box 31018 ¢ Biafork, MT 59911 - 406-837-1600 ® P 406- 37-a 4 ',wwNJathea i ank.com
Tri-City Planning Office
17 Second Street East - Suite 211
Kalispell, Montana 59901
Phone: (406) 751-1850
Fax: (406) 751-1858
tricity@centurytel.net
March 15, 2005
James H, Patrick, City Manager
City of Kalispell
P.O. Drawer 1997
Kalispell, MT 59901
Re: Finest Plat for Muskrat Slough Subdivision
Dear Jim:
Our office has received an application from Tim Birk for final plat approval of Muskrat
Slough Subdivision that plats 20 single family residential lots on approximately 8.98
acre_ T'L: ..., — ed 4.. 41 - —4-.. ; Cam,-.,..4...w,., 1. --r r)nn 1 --A
acres. iliis property Ly Was a1111C:�i1l:11 LV L11G 1.1 L�' lrl s,]14t.lLG1111J1J1 Ul GVIJl a11U given d. :L.Ulliilr,
designation of R-4, Two Family Residential. The property is located on the west side of
Willow Glen Drive and south of Kelly Road.
The Kalispell City Council approved this subdivision subject to conditions on
September 4, 2001 subject to conditions. All of the conditions have been met or
otherwise adequately addressed through a subdivision improvements agreement.
There is same remaining paving, landscape and sidewalk work that has not been
completed and a Subdivision Improvements Agreement has been submitted with this
plat in the amount of $49,500. The S1A covers the cost of the improvements as plus
25 percent as required in the Kalispell Subdivision Regulations. A letter of credit has
been submitted with the finial plat to cover the cost of the improvements with the
improvements anticipated to be completed by November of 2005. A check for cash in
lieu of parkland dedication has also been submitted with the plat in the amount of
$8,085 as required.
The following is a list of the conditions of preliminary plat approval for this subdivision
and a discussion of how they have been met or otherwise addressed.
COMPLIANCE WITH CONDITIONS OF APPROVAL
Condition 1. Development of the subdivision shall be platted in substantial
compliance with the approved preliminary plat which governs the location of lots and
roadways within the subdivision.
• This condition has been met. The final plat conforms with the preliminary plat that
was approved.
Condition 2. That the roadways serving the subdivision shall be constructed in
accordance with the adopted Design and Construction Standards for the City of Kalispell
for local roads and include the pavement, curbs, gutters, storm drainage, sidewalks and
Providing Community Planning Assistance To:
• City of Kalispell • City of Columbia Falls • City of Whitefish •
Final Flat for Muskrat Slough Subdivision
March 15, 2005
Page 2
a minimum five foot landscape boulevard with street trees placed in accordance with a
plan approved by the parks and recreation director. A letter from an engineer licensed in
the State of Montana certifying that the improvements have been installed according to
the required specifications shall be submitted at the time of final plat approval along with
a letter from. the Kalispell Public Works Department stating that the required
improvements have been inspected and comply with the City standards.
This condition ha been met or otherwise adequately addressed. Most of the public
infrastructure is in place with the exception of roadway paving, landscaping and
sidewalks. A subdivision improvements agreement has been submitted with the final
plat in the amount of 125 percent of the remaining improvements. The improvements
have been inspected and certified by a licensed engineer and have been reviewed and
approved by the Kalispell Public Works Department. Those letter are attached.
Condition€, 3. That the developer provide documentation that the necessary
easements have been obtained granting access to the subdivision across privately owned
roadway, Russell Drive, if Meadow Park Unit 2 has not been annexed to the City at the
time the final plat has been submitted.
This condition no longer applies. Russell Drive and the surrounding area has been
annexed into the city of Kalispell and Russell Drive is now a City street.
Condition 4. That a Certificate of Subdivision Approval be obtained from the
Department of Environmental Quality and written approval by the Kalispell Public
Works Department approving the water and sewage facilities for the subdivision.
This condition has been met. The required letter from MDEQ has been submitted
with the final plat along with a letter from the Kalispell Public Works Department
approving the water and sewer for the subdivision.
Condition 5. A storm water drainage plan which has been designed by an
engineer licensed in the State of Montana shall be prepared which complies 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 storm drainage plans along with the water, sewer and roads has been
submitted with the final plat.
Condition 6. That the developer obtain all necessary storm water discharge
permits from the federal, state and local jurisdictions, which may have review authority
over the waterway.
This condition has been met. A general permit for storm water discharges from the
MDEQ has been submitted with the final plat.
1"inai Plat for Muskrat Slough Subdivision
March 15, 2005
Page a
Condition 7. That Lots 2 and 3 be accessed from Russell Drive and that Lot 1
shall be accessed from Muskrat Drive.
This condition has been. met. A note has been placed on the face of the final plat
stating that Lot 1 shall be accessed from Muskrat Drive.
Condition, S. That an easement be extended between the northern boundary of
the subdivision to Kelly Road which facilitates future access to water and sewer for the
remainder parcel to the east and a loop water system.
This condition no longer applies. The easement for the water and sewer facilities were
no longer needed because of the prohibitive costs associated with the systems in this
route. Water and sewer are in Russell Drive and adequately serve this subdivision.
Condition 9. The road within the subdivision shall be named and signed in
accordance with the policies of the Kalispell Public Works Department and the Uniform
"Traffic Control Devices Manual.
This condition has been adequately addressed. The street signs are included in the
SIA for the subdivision.
Condition 10. The developer shall provide a plan for mail service approved by the
U.S. Postal Service.
This condition has been met. The mailboxes have been installed and a letter from. the
USPS approving that location has been submitted with the final plat.
Condition 11. Street lighting shall be located within the subdivision and shall be
shielded so that it does not intrude unnecessarily onto adjoining properties.
This condition has been met. The street lights for the subdivision have been installed
by Flathead Electric Cooperative.
Condition 12. That the parkland dedication requirements shall be met with cash
in lieu of parkland in the amount of one ninth of the 4.90 area devoted to lots based on a
value of $15,000. per acre in the amount of $8,085.
This condition has been met. The cash in lieu of parkland dedication has been
submitted with the final plat.
Condition 13. All utilities shall be installed underground.
This condition has been met. All the utilities have been installed underground as
certified by the engineer and confirrned with an on -site inspection.
Condition 14. That the fire access and suppression systemcomply with the
Uniform Fire Code and a letter from the Kalispell Fire Department approving the access
Final Plat for Muskrat Slough Subdivision
March 15, 2005
Page 4
and number and placement of fire hydrants within the subdivision shall be submitted
with the final plat. The fire access and suppression system shall be installed and
approved by the fire department prior to final plat approval.
7 This condition has been met. A letter from the Kalispell Fire Marshal approving the
location of the hydrants has been submitted with the final plat. The department will
need to approve access and fire flows prior to combustible materials being placed on -
site.
Condition 15. That a minimum of two --thirds of the necessary infrastructure for
this subdivision shall be completed prior to final plat submittal.
r- This condition has been met. Approximately 89 percent of the required infrastructure
for the subdivision has been completed. The remaining work is covered under- a
subdivision improvements agreement.
Condition 16. That a homeowners association be established for the maintenance
of the common area based upon a pro-rata share of costs.
This condition has been met. A homeowners association for the maintenance of the
common area has been included in the covenants for the subdivision.
Condition 17. That a note be placed on the face of the final plat that indicates
access for proposed Lot 1 shall be obtained from Muskrat Drive.
This condition has been met. A note has been placed on the face of the final plat
requiring access to Lot 1 be taken from Muskrat Drive.
Condition 18. All areas disturbed during development of the subdivision shall be
re -vegetated with a weed -free mix immediately after development.
This condition has been adequately addressed. The cost of reseeding and revegetation
has been included in the subdivision improvements agreement.
Condition 19. That preliminary approval shall be valid for a period of three years
from the date of approval.
This condition has been adequately addressed. A one year extension was granted for
this subdivision and the final plat was submitted prior to expiration.
COMPLIANCE WITH APPROVED PRELIMINARY PLAT
The final plat is in substantial compliance with the preliminary plat which was
reviewed and approved by the Kalispell City Council on September 4, 200 1.
Final Plat for Muskrat Slough Subdivision
March 15, 2005
Page 5
COMPLIANCE WITH THE SUBDIVISION REGULATIONS:
This subdivision plat has been found to be in compliance with the State and City
Subdivision Regulations.
COMPLIANCE WITH THE ZONING REGULATIONS
This subdivision can be found to be in compliance with the Kalispell Zoning Ordinance
and the R-4, Two Family Residential, zoning designation for the property which
governs the dimensional requirements of the lets within the subdivision as well as the
uses.
RECOMMENDATION:
It can be found that theconditions of preliminary plat approval have been met or
#Uo. 4-- -Aaw iinfPicr 7r1r4p:,vei-rj TI-10:- Cuff Xarn»iri rarnmmanrl tk'-A- flnh Cif17
Council approve the final plat for Muskrat Sough Subdivision. Please schedule this
matter for the regular city council meeting of March 21, 2005.
Sincerely,
Narda A. Wilson
Senior Planner
Attachments: Vicinity map
1 opaque mylar of final plat
1 reproducible mylar of final plat
1 copy of final plat
Letter from. Birk Engineering dated 1 / 18/05
Final plat application. dated 2 / 22 / 05
Ltr front. Montana DEQ dated 9/26/03 storm water discharge
Ltr from Montana DEQ dated 3/ 14/03 facilities exemption
Ltr from Kalispell Fire Dept dated 2 / 8 / 05
Ltr from LISPS dated 2/ 16/05
Ltr from Kalispell Public Works dated 2/ 18/03
Ltr from Kalispell Public Works dated 10/27/03
Ltr from Kalispell Public Works dated 3/ 10/05
Engineer's certification dat4ed 1 / 12 / 05
Subdivision improvements agreement
Ltr of credit from. Flathead Bank dated 1/27/05
Final Plat for Muskrat Slough Subdivision
March 15, 2005
.Page 5
Treasurers certification dated 2/ 14/05
Title report dated 2/ 16/05
Consent to plat from Glacier Bank dated 2 / 16 / 05
Declaration of conditions and restrictions
Personal check for cash in lieu in the amount of $8,085,
Tim Birk and Howard Gipe, 2239 Lower Valley Road, Kalispell, MT 59901
Theresa White, Kalispell City Clerk
2302 Hvvy 2 Eak
suite #9
Phone (4W 756-2323
Fax (406) 7562324
Email birk@digisys,net
Janum 18, 2005
City Council of Kalispell, Montana
312 1-5'eve. Fast
Kalispell, MT 59901
Subject: Muskrat Slough Subdivision Improvements Agreement
Conditions of Plat Approval, Resolution No. 4651
The Honorable Mayor and Council Members,
All Conditions of Preliminary Plat Approval for this subdivision have been metThe developer
of the Muskrat Slough Subdivision petitions the Council for final plat approval of the
subdivision. A Subdivision Improvements Agreement and Completion Bond are included to
guarantee completion of all improvements.
Item #1 This condition is met. The layout of the subdivision substantially conforms to the
pre"nunmy plat
Item #2 This condition is met. The road design meets the requirements specified in the
conditions. Portions of the improvements not yet in place are guaranteed by the completion
bond.
Item #3 This condition is tnet. Russell Drive has been annexed into the City.
ISMIM0,111111 III , IN Ill 11 Will III I
Item #5 This condition is met. The stonnwater system has been installed in substantial
conformance to the approved plans.
Item #6 This condition is met. Copies of correspondence and its from the various
intereaed agencies are attached.
Item #7 This condition is met. The lots shah be accessed as required by this condition and so
noted on the Final Plat -
Item #8 This condition is no longer perdnem The sewer plan was changed so that it was not
the subdivision is and the City's needs are adequately served by the wate- m in it's present
ain
configuratlon
Item #9 This condition is met. The estimated cost of signage is included in the Completion
Bond,
Item #10 This condition is met. A pad for cluster mailbox has been placed in a location
approved by the post .sten
Item #11 This condition is met. Stet lights have been installed on the site.
Item #13 This condition is met. All utilities have been insWled and are underground.
Item 14 This condition is met. A letter ftorn the Fire Department is attached.
Item #15 This condition is met. 89% of improvemcnts have been completed. A bond for 125%
of the remaining amount is provided,
Item # 16 This condition is met. Covenants and homeowners association by-laws are attached.
Item # 17 This condition is met. The note is on the final plat. This is Lot I on the final plc-3
Item 418 This condition is met. The cost of seeding is included in the bond,
Jill Jill, I
Qtw= EMTq=
NOR � Mill
Name: Ai w t
o. of Lots by Type:
Single Family
Planning .
Second17 St East, Suite 211
ST 5
mil.
_ I 13 4-
Oda
e
Legal Description oft e Property ......'7^1 qR D -zed 154 'ZrlaJ �i3 �J��� 2�51 N
FLING FEE ATTACHED
Minor Subdivision with r: e. s prehminmy,.: 0 r
Subdivision approved preliminary6
Subdivisions with Waiver of Preliminary 4
ImprovementsSubdivision - ^ e
Attached
Not Applicable (MUST CHECK ONE)
Health Department Certification (Original)
Title Report (Original, not more than 90 days old)
Tax Certification fPronertv taxes must be -naidl
Consent(s) to Plat (Originals and notarized)
Subdivision Improvements Agreement (Attach collateral)
Parkland Cash -in -Lieu (Check attached)
Maintenance Agreement
Plat= I opaque OR 2 mylars
I mylar copy 1 signed blueline
4 bluelines 4 bluelines, unsigned
I IX17 Copy I IX17 Copy
*the plat must be signed by all owners of record, the surveyor and the examining land surveyor.
Attach a letter, which lists each condition of preliminary plat approval, and individually state how
each condition has specifically been met. In cases where documentation is required, such as an
engineer's certification, State Department of Health certification, etc,, original letters shall be
submitted. Blanket statements stating, for example, 'all improvements are in place' are not
acceptable.
A complete fin---d plat application must be submitted no less than 60 days prior to expiration date of
the preliminary plat.
When all application materials are submitted to the Tri-City Planning Office, and the staff finds the
application is complete, the staff will submit a report to the governing body. The governing body
must act within 30 days of receipt of the revised preliminary plat application and staff report.
Incomplete submittals will not be accepted and will not be forwarded to the governing body for
approval. Changes to the approved preliminary plat may necessitate reconsideration by the
planning board.
I certify that all information submitted is true, accurate and complete. I understand that
incomplete information will not be accepted and that false information will delay the application
and may invalidate any approval. The signing of this application signifies approval for Tri-City
Planning staff to be present on the property for routine monitoring and inspection during the
approval and development process.
**NOTE.- Plc aw be advised that the County Clerk & Recorder requests that all subdivision
final F�"
lat plicaltions be accompanied with a digital copy.
,
Owne-r(s) Signature Date
**A digital copy of the final plat in a Drawing Interchange File (DXF) format or an AutoCAD file
format, consisting of the following layers,
I - Exterior boundary of subdivision
2. Lot or park boundaries
3. Easements
4. Roads or rights -of -way
5. A tie to either an existing subdivision corner or a comer of the public land survey system
As approved by the TCPB, Effective 3/ 15/ 04
2
Montana Department of
�..ENmommNTAL OuAuTyJudv Martz, Governor
' 0. Box 200901 f Heiena, :NIT 59620-0901 ® (406) 444-2 44 - www.deqstate.mt.us
September 26, 2003
Tim Birk
880 Faun Rd
Kalispell, MT 59901
RE: Confirmation Letter for Receipt of Notice of .Intent (N01) Number AITR101.270 Pertaining to the Muskrat Slough
Subdivision Project in Flathead County
Dear Permittee:
This serves as confirmation that the Department received a complete Notice of Intent (NOI) Package on September 3, 2003, which
listed you as an operator on the NOI Form for the storm water discharge associated with construction activity_ A complete NOI
package includes an NOI Form; a Storm Water Pollution Prevention Plan (SWPPP), and the appropriate fees (application and first
year annual).
Operators with a storm water discharge associated with construction activity are permitted under the 2002-2006 "General Permit
for Storm Water Discharges Associated with Construction Activity" (General Permit) upon receipt by the Department of this
complete NOI Package. Additionally, receipt by the Department of the complete NOI Package constitutes a full agreement by
operators to meet and comply with all requirements stated in the General Permit.
Please be sure to become familiar with the requirements stated in the attached General Permit. In particular, be sure to implement
your SWPPP/ECP, develop and maintain Best Management Practices, perform required inspections, submit subsequent annual
fees if necessary, and submit the required Notice of Termination (NOT) when the site achieves final stabilization. Failure to
submit a corrzplctecl NOT Force will result in assessment of annual permit fees, which must be paid by operators.
A violation of, or non-compliance with, any provision of the General Permit is subject to enforcement action pursuant to the
Montana Water Quality Act. General Permit coverage obtained through the submittal of this NOI does not waive obligations to
obtain other permits or approvals that may be required.
Should you have any questions, feel free to contact the Storm Water Program at (406) 444-3080
Sincerely,
Gail M. Faber
Water Quality Specialist
Water Quality Discharge Permit Section
Water Protection Bureau
Attachments: General Permit
ccntrr7;z�d services Dl,ision • En€ora,,ment Dn,mion - Permitting & ComplT a.nee . Manning, PrevenEion & Ada !Stance I)Msion • Rere&adon Division
PERMIT NO. MTR100000
MONTANA DEPARTMENT
OF ENVIRONMENTAL QIALITY
AUTHORIZATION TO DISCHARGE UNDER
THE MONTANA POLLUTANT DISCHARGE ELIMINATION SYSTEM
GENERAL PERMIT
FOR STORM WATER DISCHARGES ASSOCIATED
WITH CONSTRUCTION ACTIVITY
In compliance with Montana Code Annotated (MCA) 75-5-101 et seq., the Administrative Rules
of Montana (ARM) 17.30.1301 et seq., and ARM 17.30.601 et seq., operators who submit a
complete Notice of Intent package for a storm water discharge associated with construction
activity under this General Permit for Storm Water Discharges Associated with Construction
Activity are authorized to discharge storm water from construction activities to surface waters in
accordance with the conditions set forth in Parts 1,11, III, IV, and V of this General Permit.
This General Permit shall become effective June 8, 2002.
This General Permit shall expire at .midnight, December 31, 2006.
FOR THE MONTANA DEPARTMENT
OF ENVIRONMENTAL QUALITY
Thomas D. Reid, Supervisor
Water Quality Discharge Permit Section
Water Protdction Bureau
Permitting and Compliance Division
Dated this Sth day of May, 2002
A4ontana Department of
JUANVMONMENTAL QUAIII
P.O. Box 200901 - Helena, NIT 596t ..,t , t.
March 14, 2003
Bret A Birk PE
Birk Engineering
2302 Hwy 2 East
KaiispcllNIT 59901
Dear Mr Birk:
Judy Martz, Governor
www.deq.state.mt.us
RE: Muskrat Slough Subdivision
Municipal Facilities Exclusion
EQ#03-2261
City of Kalispell
Flathead County
This is to certify that the information and fees received by the Department of Environmental Quality relating to
this subdivision are in compliance with 76-4-127, MCA and ARM 17.36.602. Under 76-4-124, MCA, this
subdivision is not subject to review, and the plat can be filed with the county clerk and recorder.
Plans and specifications must be submitted when extensions of municipal facilities for the supply of water or
disposal of sewage are proposed f76-4-111 (3), MCAT. Construction of water or sewer extensions prior to
approval is prohibited, and is subject to penalty as prescribed in Title 75, Chapter 6 and Title 76, Chapter 4.
This file has been mailed to the Water Protection Bureau, Kalispell Office for their review.
Sincerely,
Janet Skaarland
Compliance Technician
Subdivision Section
Water Protection Bureau
(406) 444-1801 — email jskaarland@a state.mt.us
cc: City Engineer, City of Kalsipell
County Sanitarian
file
ent:aiized Services DMsion ;'forcernen. Division 8 Nugitting &- C'ompiiance Division, • Nanning, Prevention rei Assistance Division • Remediation Division
Randy Brodel - Fire Chief
Jim Stewart - Assistant Chief/Prevention
February 8, 2005
Tim Birk
2239 Lower Valley Road
Kalispell, MT 59901
Re: Final plat approval — Muskrat Slough
Dear Mr. Birk,
N '. .QVI
,�....
312 First Avenue Fast
Kalispell, Montana 59901
(406) 758-7760
FAX: (406) 758-7952
In response to your request for approval of the above -referenced project, our department
approves final plat for Muskrat Slough, with the following information and conditions.
• Fire hydrant locations are approved by this department.
• Fire department access is approved with the understanding that final
grading/compaction in two small areas will be completed prior to combustible
construction.
-'ease contact me If you nave any questions.
Sincerely,
Jim Stewart
Assistant Fire Chief/Fire Marshal
Kalispell Fire Department
cc: Narda Wilson, Tri-City Planning Office
"Assisting our community in reducing, preventing. and -mitigating emergencies. "
To- Planning Board
RE- Muskrat slough
To wiorn it concerns -
The above referenced project has been reviewed. A suitable location for mail delivery has been
established . Centralized boxes are installed
The Developer or homeowners �ndividually or collectively Wit be responsible to keep the roadway
and area to tfie boxes clear of ice and snow.
If you have any questions please feel free to call me at (406) 755-0187,
Sincerely YWT$:
Elden Marvel
Manager Customer Services
(406}755,0,,V
FAX: 14M75-$-037,j
City of Kalispell Public Works Department
gam. Post Office BoN 1997, Kalispell, Montana _53-1 9 i -Telephone (6) 75 -772(),. Fax (406)758-78311
Bret A. Birk, P.E.
2302 Hwy 2 East, Stew #9
Kalispell, Ali 59901
We have reviewed the revised plans for the referenced project submitted to our office
on January 10, 2003. The revised plans are approved with the following comment to
be addressed prior to construction:
1. The pipe bedding from four inches glow the bottom of the pipe to sic inches above
the pipe shall be 3/4" crushed stone. The trench detail on sheet 7 of 7 should be
edited to reflect this requirement.
The as -built plan shall depict the horizontal distance from the street centerline to the
sanitary sewer manholes.
If you have any questions, please do not hesitate to contact this office.
Sincerely,
Frank Ca es
Civil Engineer
cc: Dick Montgomery, P.E.
Environmental
Flathead Health
City of Kalispell Public Works De-,)artrrient
Post Office Box 1997, Kalispelt. Mmtana 59903-1997 -Telephone (406)758-�/ ), Fax (44 )758-7811
147qwrvlf"'M��
Bret A. Birk, P.E.
f,302 Highway 2 East, Ste.
Kalispell, Mbntana 59901
RE: Muskrat Slough Subdivision
Proposed Sewage Pumping Station
If you have any questions, please do not hesitate to contact this office.
Sincere) tk-
Frank Castles, P.E.
Assistant City Engineer
City of Kalispell Public Works Department
Post Office Sox 1997..Kalispell. Montana 59903-1997 - Telephone (406)758-77'€1_ Fax (1(1C�7�8-7831
March 10, 2005
Birk Engineering and Construction, Inc.
2302 Highway 2 East, Suite #9
Kalispell, Montana 59901
Re: Muskrat Slough Subdivision
Gentlemen:
The City of Kalispell Public Works Department hereby approves the existing, completed improvements
except those listed in the Subdivision Improvement Agreement, Exhibit B, for the referenced subdivision.
Approval by the City of Kalispell for the City owned and maintained improvements is granted based on
the following:
1. Birk Engineering and Construction, Inc., letter certifying that the improvements within the
referenced subdivision have been inspected and installed in accordance with the City of Kalispell
standards and the approved plans and specifications.
2. Our video records of the sanitary sewer system.
3. Receipt of a Subdivision Improvement Agreement which contains the total estimated construction
costs plus 25 percent covering the estimated costs for the remaining street grading/paving,
sidewalks, landscaping and fencing. The Subdivision Improvement Agreement is certified by Bret
A. Birk, R.E., to being an accurate accounting of anticipated costs for the remaining
improvements.
The one year warranty period for the City owned and maintained existing, completed improvements will
commence on March 10, 2005. The one year warranty period for the remaining construction will
commence upon acceptance by the City of the completed constructed improvements in accordance with
approved plans and specifications.
If you have any questions, please do not hesitate to contact this office.
Sincerly,
Prank Castles, P. E.
Assistant City Engineer
Cc: Narda Wilson, Senior Planner
Tri-City Planning Office
Birk Engineering and CONSUVOW Inc.
2302 Hwy 2 East
Suite #9
Kalispell, MT 59901
Phone (406) 756-2323
Fax (406) 756-2324
Email birk@digisys.net
January 12, 2005
Frank Castles, P.E.
City of Kalispell
Public Forks Department
PO Box 1997
Kalispell, MT 59903
Subject: Muskrat Slough Subdivision Improvements
Dear Mr. Castles
Water, sewer, and storm water management improvements for the above referenced subdivision
have been completed in substantial conformance with the approved plans. Pressure and leaf
testing have been completed on the water and sewer as well as chlorination of the water system.
A passing bacteriological test report is attached.
Please contact me if you have any questions or require any additional information.
Sincerely -
�r
.P r ark, P.E.
Plat Room
Flathead County, Montana
800 S. Main St.
Kalispell, MT 59901
(406) 758- SS1 O
This Form is for Subdivisions & Condominiums Only
BY: 7-/ (O
DESCP: W5,, 'at Lourm
T,4 Q 71V --
YEARS ASSESSOR #
1999 THRUU�
& TO DATE
DATE i/"2`;�' /a y
PURPOSE P/ f
__ C 5 a"�) —
I hereby certify that there are no outstanding taxes on the property
assigned the assessor numbers listed above, for the years Indicated for
each assessor number. ......
Deputy Treasurer
(seal)
Date: .O-w -.7,
Flathead County Clerk and Recorder
RE: Muskrat Slough Subdivision
To Whom It May Concern,
1, Ikon Lloyd, Senior Vice President, of Glacier Bank of Kalispell, consent to the
recording of the final plat with respect to the above referenced subdivision.
Its:
'5enior Vice President
STATE OF I ONTANA, COT TVTV fly` aFF A TTJFA l
On this 16 day of February 2005, before any a. Notary Public in and for said
State, personally appeared Donald R. Lloyd _ , known to me
to be the Senior Vice President of the Corporation that
executed this Instrument or the persons who executed the instrument on behalf of said
corporation, and acknowledged to me that such corporation executed the same.
IN WITNESS WHEREOF, I lave hereunto set any hand and affixed my official seal, the
day and year in this certificate first above written.
f r n
Not Public for t e State of
Residing at
y Com ission Expires:
,:
O:
MUSKRAT SLOUGH SUBDIVISION
In the event that it appears to the advantage of this platted subdivision that these
restrictions should be rnodified, then and in that event, any modification desired
may be made by affirmative vote of 80% of the then owners of lots within this
subdivision and evidence by suitable instrument filed for public record; or if such
event occurs during the development period such modifications or waiver of non-
conforrnity may be evidenced by special permission granted in writing by the
undersigned or it successor interest.
2. No lot shall be used except for residential purposes. No building shall be erected,
altered, placed or permitted to remain on any lot other than the one detached single
family dwelling .not to exceed two stories, plus basement, in heights, and a private
garage for not less than two cars. However, the foregoing provisions shall not be
interpreted to exclude construction of a private greenhouse, garden shed, private
swimming pool, or shelter facilities, or port for the protection of such swimming pool,
or other recreational facilities, or for the storage of a boat and/or a camping trailer
kept for personal use, provided the location of such structures are in conformity with
the applicable municipal regulations, and are compatible in design and decoration
with the residence constructed on such lot.
3. The main floor area of the dwelling structure, exclusive of open or screened
porches and attached garages, shall be no less than 1000 square feet for a dwelling of
one story or 1350 square feet for a dwelling of two stories. No split level dwellings,
no dwellings with basements.
. All structures and apurtanances shall comply with City of alispell's R-4 District.
5. Each owner of a lot with the subdivision shall construct a concrete driveway from
street to garage prior to occupancy of the dwelling. Then after the owner shall
maintain and repair their driveway. Structures shall be buttered and the run off water
shall be retained on site.
b. No noxious or offensive activity shall be carried on upon any lot, nor shall
anything be done thereon which may be or may become are annoyance or nuisance to
the neighborhood, deluding but not fi ited to skateboard ramps, in or adjacent to,
any of the streets.
7. No structure of a temporary character, trailer, basement, tent, shack, garage, barn
or other outbuilding shall be used on any lest at any time as a residence, either
temporarily or permanently.
4. No sign of any kind shall be displayed to the public view on any lot except one
professional sign, not more than five square feet, advertising the property for sale or
rent, or signs used by a builder to advertise the property dung construction and sale
period. An appropriate entrance sign is excepted herefrom.
9. No animals, livestock or poultry of any bind shall be raised, bred, or kept on any
lot, other usual household pets may be kept, provided that they are not Dept, bred, or
maintained for any commercial purpose, and provided that they are not permitted to
cause damage, constitute a nuisance, or run at large in the neighborhood.
10. No house trailer, camper, boat or trailer of any type shall be stored or parked in
the front yard or driveway portion of any lot, or on any street within the subdivision;
such storage area must be behind adjacent building line.
11. No building shall be erected, placed, or altered on any lot until the construction
plans and specifications, and a plan showing the location of the structure, have been
approved by the Architectural Control Committee, as defined below, as to quality of
workmanship and materials, harmony of external design with existing structures and
as to location with respect to topography and finish grade elevation. No fence or wall
shall be erected, placed or altered on any lot nearer to any street than the building
setback line, unless similarly approved.
12. The Architectural Control Committee shall initially consist of the developer
designed by the undersigned ("Initial Comrittee"). Upon the erection and
completion of family dwellings, intended for separate occupancy and ownership, on
all of lots within the subdivision, the Initial Committee shall turn control of the
Architectural Control Committee over to the residents of Muskrat Slough
Subdivision, whereupon a majority of the residents shall appoint 3 members from
within the subdivision. All appointed members from the subdivision shall serve a 2
year term. In the event of death or resignation of any member of the committee, the
remaining members shall have full authority to designate a successor for the balance f
that member's term. The members committec shall not be entitled to any
compensation for services performed pursuant to this covenant. The committee's
approval or disapproval as required in these covenants shall be in writing. In the
event the committee fails to approve or disapprove within 30 days after plans and
specifications have been submitted to it, or in any event, if no suit to enjoin the
construction has been commenced prior to the completion thereof, approval will not
be required and the related covenants shall be deemed to have been frilly complied
with. The Architectural Control Committee will approve plans and placement of
house on each lot at their- own discretion and will not be responsible, or liable in any
event if, in the course of decisions, a house should block a portion of all of annother's
view, or of any other dispute that may arise form the committee Is decision.
13. Approved projects must be completed within 8 months after issuance of a
building permit. Failure to complete work within the prescribed time will cause the
approval to be rescinded and resubmittal wiH be required. The Architectural Control
Coninuttee may grant an extension under extenuatmg circumstances brought to its
attention.
14. Regarding the, physical structure (i.e. family dwelling and fencing) itself, the
following wiH apply.-
Roof- The roofing shall be composition material, or better,
with a rninfinum 20-year warranty.
Siding, Siding must be applied over the sheeting of a
framed wall.
Fencing: All fpncing shall conform to city standards
regarding height
Painting- All house colors must be approved by the
Architectural Control Committee.
16. All vacant lots and lots with partially constructed improvements shall be kept
clear of any construction debris, and weeds and grass shall be kept mowed and not
aflowed to grow to a beight of mort than six (6) inches.
I& No oil drilling, oil development operafions� oil refining, quarrying, or i '
operation of any kind shall be permitted upon or in any lot, nor shall oil weHHs, tank
tunnels, mineral excavations or shafts be permitted upon or in any lot. No derrlick
Other structures designed for use in boring for natural gas shall be erected, maintained or
permitted upon any lot.
19. No lot shall be used or maintained as a dumping ground. Rubbish, trash, garbage, or
other waste shall not be kept except in sanitary containers, pending collection and
removal. All incinerators or other equipment for the temporary storage or material shall
be kept in a clew and sanitary condition.
21. Enforcement shall be by proceeding at law or in equity against any person or persons
violating or attempting to violate any covenant, either to restrain violation, or to recover
damages. Invalidation of anyone of these covenants by judgment or court order shall in
no way effect any of the other provisions, which shall remain in full force and effect.
22. Grass clippings, compost material and yard waste, shall not be placed within 20' of
the high water of the slough.
Date:
BYZ I �` 1" .4
:ss
County of Flathead
on this day of Ce1b(t,,,-ct(',-,� I 12, before me, the undersigned,
LL—:)
a Notary Pi�b--Ii—cfor the State of Montana7, personally appeared TIM BIRK, known to
me to be the person whose names are subscribed to the within instrument, and
acknowledged to me that they executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial
Seal the day and year in this certificate last above written.
STATE OF MONTANA
County of Flathead
Recorded at the request of
this _ day of
N6tary Pubtfc for the State ofMontana
Residing at fe� �- k'
My commission Expires— 6 S -- ZC
at o'clock —M and
recorded in the records of Flathead County, State of Montana.
Fee $ Pd,
RECEPTION NO.
FURIDJUMM
Flathead County Clerk and Recorder
Deputy
CUM-, ':, ':k' of -
THIS DECLARATION is amide this i i day of � � t t � , 20 cS by TIM
BIRD, hereafter .referred to as "Declarant",
WHEREAS, Declarant is the owner of certain real property to the covenants,
conditions and restrictions hereinafter set forth, each of which is and are for the
benefit of said property and for each owner thereof, and shall inure to the benefit of
and pass with said property and each and every parcel thereof, and shall apply to and
bind the successors in interest, and any owner thereof,
WHEREAS, Decalarant is desirous of subjecting said real property to the
covenants, conditions and restrictions hereinafter set forth, each of which is and are
for the benefit of said property and for each owner thereof, and shall inure to the
benefit of and pass with said property and each and every parcel thereof, and shall
apply to and bind the successors in interest, and any owner thereof-,
NOW, THEREFOR, the Declarant hereby declares that the real property
hereinafter described is and shall be held, transferred, sold and conveyed to the
covenants, conditions and restrictions hereinafter set forth,
ARTICLE I
The real property which is and shall be held, transferred, sold and conveyed
subject to the covenants, conditions, and restrictions hereinafter set forth, is located in
Flathead County, Montana, and is more particularly described as follows to wit -
Muskrat Slough Subdivision
DEFINITIONS
l , "Association shall paean the association of the lot owners of the property known
as Muskrat Slough Subdivision
2. "Owner" shall mean the record owner of a fee simple tide to any lot that is a
part of the property, and shall include contract buyers but not contract sellers,
I "Property" shall mean the real property described in Article 1, Paragraph 1
above.
4. "Connnon .Area" shall mean all real property owned by the Association for the
Common use and enjoyment of the owners but not limited to parks, trails, roadways,
easements, well sites, community cater system, recreational facilities, and surface or
storm water collection and drainage systems.
5. "Lot"' shall mean all lots
The property is subject to the covenants, conditions and restrictions hereby
declared to insure the best use and the most appropriate development and
improvement of each building site thereof, to protect the owners of building sites as
gill appreciate the value of their property, to preserve so far as is practicable the
natural beauty of said property_ to guard against the erection thereon of structures
... A A ✓ e� V
built of improper or unsuitable material; to encourage and secure the erection of
attractive homes thereon; to adequately provide for a high duality of improvements on
said property and thereby enhance the values of improvements made by purchasers of
lots, to be responsible for operation and maintenance of the crater system, waste
water and storm water facilities in accordance with requirements set forth by the
Montana Department of Health and Environmental Sciences and be responsible for
upkeep of the subdivision and common facilities.
Section 1.07. "Lot" shall mean and refer to each of the 20 parcels of land which
are shown on the Plat of the Project which are intended for indh4dual ownership.
Section 1.0 . "Lender" shall mean a mortgage holding a first mortgage on any
Lot or a beneficiary holding a first deed of trust on any Lot.
Section 1.09. "Owner" shall mean and refer to the record owner, whether one or
more persons or entities, of fee title to any Lot, including contract sellers, but
excluding those having an interest in a Lot merely as security for the performance of
amn obligations.
Section I.10. "Plat" shall mean and refer to the plat of record in Case
of Daps, in the official records of the County recorder of Flathead County, Montana
by which Declarant has subdivided the Project.
Section 1.11. "Project" shall mean and refer to all real property described herein,
and such additions thereto as may hereinafter be brought with the jurisdiction of the
Associations.
ectie)n 2.01. Easements of Enjoyment. Every Owner shall have a right and
easement of enjoyment in and to the Common Area which shall be appurtenant to and
snail pass rLra rn iiiie every .L OIL , suE)Jeci Lo €rie 10LOW g provisiuns:
(a) The right of the .Association to charge reasonable admission and ether
fees for the use of any recreational facility situated upon the Coriaaxaon
Arca.
(b) The right of the Association to suspend the voting rights and right to
use of the recreational facilities by an OW-ner for any period during
which any assessment against his Lot rerun unpaid, and for a period
not to exceed sixty (60) days for any infraction of the published
Association Rules
Section 2.02. Delegation of Use Any Over may delegate his right of
enjoyment to the Common Area and facilities to the members of his family, his
tenants, or contract purchasers who reside in the Project.
RTiCLF VI
Section 3.01. ernbersjpi Every Owner of a Lot, which is subject to
assessment, shall be a member of the Association. Membership shall be appurtenant
to, and may not be separated from ownership of a Lot, which is subject to assessment.
Upon transfer of title to any Lot, the new Owner shall automatically succeed to
membership in the Association.
Section 3.02. VotingClasses. The Association shall have two classes of voting
membership.
Class A. Class A members shall be all Owners with the exception of the Declarant
and shall be entitled to one vote for each Lot owned° When more than one person
holds an interest in any Lot, all such person shall be members, The vote for such Lot
shall be exercised as the members among themselves determine, but in no event shall
more than one vote be case with respect to any Lot.
Class : The Class B member shall be the Declarant. The Declarant, as the Class
member, shall solely be entitled to vote in Association affairs and shall elect all
members of the Board of Directors until the Class B membership shall cease and he
converted into Class A rnernbersbip, The Mass B membership shall cease and be
converted into Mass A membership not later than 120 days after the happening of
either of the following events, whichever occurs earlier.
a. When 95% of the lots in the Project have been sold to owners by
the Declarant, or
b. On January 15, 2008
Section 3.03. Board of Directors. The governing body of the Association
shah be the Board elected pursuant to the Bylaws. The Board shall consist of not less
than three 0 nor more than five () members. The Board may act to increase or
decrease it's membership within the aforesaid limits and to fill vacancies in its
membership for the unexpired portion of any terra. Except as otherwise provided in
the Declaration, the Bylaws, or the Association Rules, the Hoard may act in all
instances on behalf of the Association. The Board shah adopt the Bylaws and
Association Rules.
DATED this I day of t
Must at Slou vision
By:
--'rim Birk
STATE OF MONTANA )
ss.
County of Flathead )
On this I day of ft , before me, the undersigned, a
Notary Public for the State of Montana, personally appeared before me TI V BIRK,
known to me to the be the person whose names are subscribed to the within instrument,
and acknowledged to me that they executed the .same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial
Seal the day and year in this certificate last above written.
Notary Public for the State 'of Montana
Residing at "L Vh
T 7-
My Co ssios> x sires , : - D"'
ss.
County of Flathead
Recorded at the request of
This day of at o'clock —M and
recorded in the records of Flathead County, Mate of Fontana.
Fee Pd.
RETURN TO
Deputy
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VICINITY MAP
TIM BIRK BIRK ENGINEERING
PRELIMINARY PLAT - (MUSKRAT SLOUGH SUBDIVISION)
A 20 LOT RESIDENTIAL DUPLEX SUBDIVISION ON 8.98 ACRES
& ANNEXATION AND INITIAL ZONING OF R-4, RESIDENTIAL
FROM R-5, TWO FAMILY RESIDENTIAL
WILLOW GLEN ZONING DISTRICT
PU" DATE: 7/20/01
FILE# KPP-01-1 SCALE I" = 350' H:\gix\site\kppOl—I.ctwg
FINAL SUBDIVISION ALA7- of
MUSKRA T&LOUGH
SE 114 NE114 Section 20, T 28 IV- R. 21 W., Principol Merldion
Flathead County, Monlono
A
Russe!/ Drive
lines TihY
0- TIMOTHY R. BIRK
Ar: Jonvvy, 2004