1. Final Plat - Blue Heron Estates - Phase 1Tri-City Planning Office
17 Second Street East - Suite 211
Kalispell, Montana 59901
Phone: (406) 751-1850
Fax: (406) 751-1858
tricityLwcenturytel. net
www.tricityplanning-mt.com
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REPORT TO: Kalispell Mayor and City Council
FROM: Narda A. Wilson, Senior Planner
Chris A. Kukulski, City Manager
SUBJECT Final Plat for Blue Heron. Estates Phase I
MEETING DATE: January 20, 2004
BACKGROUND: This is a request for final plat approval of Blue Heron Estates
Phase 1, a 25 lot residential subdivision on approximately 10.371 acres with 1.326
acres of that in parkland. The property is generally located on the northwest corner of
Stillwater Road and Three Mile Drive. The property was annexed into the city of
Kalispell as part of the preliminary plat review process and given an initial zoning
designation of R-2, a Single Family Residential, zoning district that has a minimum lot
size requirement of 9,600 square feet and is intended for single family residential
development.
Preliminary plat approval for this subdivision was granted by the Kalispell City
Council on May 5, 2003 as a three-phase development which contains a total of 60
residential lots on 24.4 acres. This first phase that is being proposed for final
approval contains a total of 32 lots. An automatic two-year extension of the
preliminary plat approval is granted for each successive phase of original preliminary
plat.
More than two-thirds of the required improvements have been installed and a
subdivision improvements agreement in the amount of $162,580 has been submitted
to secure completion of the remaining improvements which consists primarily of
paving, curb, gutter, sidewalk and landscaping. The letter of credit addresses 125% of
the estimated cost of remaining improvements. The estimated completion dated is
October of 2004.
RECOMMENDATION: A motion to accept the subdivision improvements agreement
and approve the final plat for Blue Heron Estates Phase I would be in order.
FISCAL EFFECTS: Potential minor positive impacts once developed.
ALTERNATIVES: As suggested by the City Council.
Providing Community Planning Assistance To:
• City of Columbia Falls • City of Kalispell • City of Whitefish •
Final Plat for Blue Heron Estates Phase I
January 14, 2004
Page 2
Respectfully submitted,
Narda A. Wilson
Director
Report compiled: January 14, 2004
Chris A. Kukulski
City Manager
Attachments: Letter of transmittal
Final plat application and supporting documents
SUBDIVISION IMPROVEMENT AGREEMENT
THIS AGREEMENT, made and entered into this 10tb day of November,
2003, by and between the CITY OF KALISPELL
of Flathead County, Montana, Party of the First Part and hereinafter refereed to as the
CITY, and CHARLES AND MICKEY LAPP,
(Name of Developer)
INDIVIDUALS
(individual, Company or Corporation)
located at 3230 COLUMBIA FALLS STAGE ROAD, COLUMBIA FALLS, MT. 59912
(Street Address/P.O. Box) (City, County, State, Zip)
Party of the Second Part and hereinafter referred to as DEVELOPER.
WITNESSETH:
THAT WHEREAS, the Developer is the owner and developer of new
subdivision known as BLUE HERON ESTATES NO. 1
(Name of Subdivision)
located at SETA, SE1/4, SEC. 2, T.28N., R.22W., P.M.,M., FLATHEAD COUNTY,
MONTANA
(Location of Subdivision)
and,
WHEREAS, the City has conditioned it's approval of the final plat of
BLUE HERON ESTATES NO. 1, upon the conditions as set forth
(Naive of subdivision)
in the Resolution 4784 Ding completed and all improvements, as cited in EXHIBIT B
have not been completed at this time, and the Developer wishes to bond for the
completion of those improvements set forth in EXHIBIT B; and
WHEREAS, the City's Subdivision Regulations require that a subdivider shall
provide a financial security of 125% of the estimated total cost of construction of said
improvements as evidenced by an estimate prepared by a licensed public engineer
included herewith as "Exhibit B"; and
WHEREAS, the estimated total cost of construction of said improvements is the
sum of $130,064.12,
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 Credit, or
other acceptable collateral as determined by the Kalispell City Council, in
the amount of $162,580.15. Said Letter of Credit or other collateral shall
have are expiration date of at least sixty (60) days following the date set for
completion of the improvements, certifying the following:
a. That the creditor guarantees funds in the sum of $162,580.15 the
estimated cost of completing the required improvements in
BLUE HERON ESTATES NO. I
(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 for those improvements up to the limited of credit stated in
the letter;
2. That said required improvements shall be fully completed by
OCTOBER 15, 2004
3. That upon completion of the required improvements, the Developer shall
cause to be filed with the City a statement certifying that:
a. All required improvements are complete;
b. That the improvements are in compliance with the minimum standards
specified by the City for their construction and that the Developer
warrants said improvements against any and all defects for a period of
one (1) year from the date of acceptance of the completion of those
improvements by the City,
That the Developer knows of no defects in those improvements;
d. That these improvements are free and clear of any encumbrances or
liens;
e. That a schedule of actual construction costs has been filed with the City;
and,
f. All applicable fees and surcharges have been paid.
4. The Developer shall cause to be filed with the City copies of the final plans,
profiles, grades and specifications of said improvements, with the
certification of the registered professional engineer responsible for their
preparation that all required improvements have been installed in
conformance with said specifications.
IT IS ALSO AGREED BY AND BETWEEN THE PARTIES HERETO AS
FOLLOWS, TO -WIT:
That the Developer shall provide for inspection of all required improvements
by a registered professional engineer before the Developer shall be released from
the Subdivision Improvement Agreement.
That if the City Determines that any improvements are not constructed in
compliance with the specifications, it shall furnish the Developer with a list of
specific deficiencies and may withhold collateral sufficient to insure sure
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 improvement or improvements in accordance with the
specifications. The unused portions of the collateral shall be returned to the
Developer or the crediting institution, as is appropriate.
IN WITNESS WHEREOF, the Parties have hereunto set their hands and
seals the day and year herein before written.
BLUE HERON ESTATES
(Name of SuhdivisionQave[oper/Firm)
by i
4
Chdrlesrlapp, Owner
by .—
a Mickey Lapp, Owner
STATE OF MONTANA
COUNTYOF
On this, day of r f ,, r.> before me, a Notary
Public for the State of Montana, personally appeared tea, a
Known to me to be the -
Whose name is subscribed to the foregoing instrument and acknowledged to me
that he/she executed the same.
IN WITNESS WWREOF, I have hereunto set my hand and affixed my
Notarial Seal this dayd year first above written.
Notary Publid for the of Montana
Residing at .
My Commission Expires -. P
4
EXHIBIT B
This agreement specifically includes the following improvements, their
projected construction completion date and estimated construction costs.
C1-IECK CONSTRUCTION ESTIMATED
APPROPRIATE COMPLETION CONSTRUCTION
IMPROVEMENT'S BOX DATE COSTS
Street Grading/Paving
X
10/15/04
$30,397.82
Street Base
X
COMPLETED
Sidewalks
X
10/15/04
$49,500.00
Curbs and Gutters
X
10/15/04
$25,11.6.30
Sanitary Sewers
Mains
X
10/15/04
$15,050.00
Other (manholes)
COMPLETED
On -Site Sewage
Facilities
X
COMPLETED
Water Systems
Mains
X
COMPLETED
Other ( )
On -Site Water Supply
Water Storage Tanks
Fire Hydrants
X
COMPLETED
Storm Sewer or
� � %°dq
Drainage Facilities
X
COMPLETED
Street Signs
X
COMPLETED
7 U C
Street Lighting
X
COMPLETED
i 2 7 L 2 P
Street Monuments
X
COMPLETED
S
NAIL
Survey Monument Boxes
Landscaping & flood plain delineation
10/15/04
$10,000.00
Other
TOTAL, PROJECT COST =
$537,590.10
SUBTOTAL
$130,064.12 (30.6%)
FEES
TOTAL COSTS
$130,064.12
TOTAL COLLATERAL
(TOTAL COSTS X 125%)
$162,580.15
E
Na
THE CITY OF KALISPELL
ATTEST:
By:
Pamela Kennedy, Mayor of Kalispell City Clerk
WNInI19111A,1
Conditions of approval as fixed to the preliminary plat by the City of Kalispell.
Ce
Tri-City Planning Office
17 Second Street East - Suite 211
Kalispell, Montana 59901
Phone: (406) 751-1850
Fax: (406) 751-1858
tricity(W-ce nturytel. net
www.tricit tannin -mt.
January 14, 2004
Chris Kukulski, City Manager
City of Kalispell
P.O. Drawer 1997
Kalispell, MT 59901
Re: Final Plat for Blue Heron Estates Phase 1
Dear Chris:
This is a request for final plat approval of Blue Heron Estates Phase I, a 25 lot
residential subdivision on approximately 10.371 acres with 1.326 acres of that in
parkland. The property is generally located on the northwest corner of Stillwater
Road and Three Mile Drive. The property was annexed into the city of Kalispell as
part of the preliminary plat review process and given an initial zoning designation of
R-2, a Single Family Residential, zoning district that has a minimum lot size
requirement of 9,600 square feet and is intended for single family residential
development.
Preliminary plat approval for this subdivision was granted by the Kalispell City
Council on May 5, 2003 as a three-phase development which contains a total of 60
residential lots on 24.4 acres. This first phase that is being proposed for final
approval contains a total of 32 lots. An automatic two-year extension of the
preliminary plat approval is granted for each successive phase of original preliminary
plat.
More than two-thirds of the required improvements have been installed and a
subdivision improvements agreement in the amount of $162,580 has been submitted
to secure completion of the remaining improvements which consists primarily of
paving, curb, gutter, sidewalk and landscaping. The letter of credit addresses 125%
of the estimated cost of remaining improvements. The estimated completion dated is
October of 2004.
The preliminary plat was approved with 20 conditions as 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.
Providing Community Planning Assistance To:
• City of Columbia Falls • City of Kalispell • City of Whitefish •
Final Plat - Blue Heron Estates Phase 1
January 14, 2004
Page 2
COMPLIANCE WITH CONDITIONS OF APPROVAL:
Condition No. 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 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 shall be constructed in
accordance with the adopted Design. and Construction Standards for the City of
Kalispell for local streets.
• This condition has been adequately addressed. The roadways have been
substantially completed with the exception of paving which has been addressed
through a subdivision improvements agreement. The anticipated completion
dated in not later than 10/04.
Condition No. 3 That a letter be obtained from the Kalispell Public Works
Department approving the plans and specifications for water, sewer and drainage
facilities for the subdivision.
• This condition has been. met. A letter from the Kalispell Public Works Department
approving the required public infrastructure has been included in the final plat
application.
Condition, No. 4 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 has been adequately addressed. A letter from a licensed engineer
certifying the improvements that have been completed comply with City standards
has been included with the final plat application. A letter from the Kalispell Public
works Department has been included accepting the completed improvements and
approving the subdivision improvements agreement for the remaining
improvements has been included with the final 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 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.
Final Plat - Blue Heron Estates Phase 1
January 14, 2004
Page 3
Condition No. 6 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 required drainage plans has been submitted with the final 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 Reserve Drive and certifying that any necessary improvements have been
made.
• This condition has been adequately addressed. A letter from the local Montana
Department of Transportation outlining the remaining improvements has been
submitted with the final plat application. Those remaining improvements have
been included in the subdivision improvements agreement.
Condition No. 8 That the developer obtain a letter from the Flathead County Road
Department approving the intersection of Stillwater Road and the new internal
subdivision road and shall include a post construction inspection that certifies any
necessary improvements have been made.
• This condition is not applicable to this phase. The access onto Stillwater Road will
be initiated during a subsequent phase of development.
Condition No. 9 That a minimum 20 foot buffer strip shall be established between
Three Mile Drive and Stillwater Drive and the subdivision that would include a bike
and pedestrian trail and buffering in the form of a landscape berm, sight obscuring
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 will be coordinated
through the parks and recreation. department.
Condition. No. 10 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 and be subject to review and approval of the
Kalispell Fire Department.
• This condition has been adequately addressed. Most of the traffic control devices
are in place and the subdivision improvements agreement covers the remaining
that are required. They will be subject to review and approval prior to release of
collateral.
Final Plat - Blue Heron Estates Phase 1
January 14, 2004
Page 4
Condition No. 11 The dead-end street shown at the northern end of the internal
subdivision road shall be eliminated and reconfigured to connect with the east west
roadway.
• This condition has been. met. The subdivision has been redesigned to loop the
internal roadway rather than ending in a dead end to the north.
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 met. A letter from the postal service has been included in
the final plat application.
Condition No. 13 That the parkland dedication requirements shall be one -ninth or
11 percent of the area in lots or 2.2 acres. The park areas as indicated on the plat will
meet that requirement provided some recreational amenities are provided to the site
such as play equipment and irrigation. Additionally, a maintenance agreement for the
park areas shall be included with the final plat.
• This condition has been met. Parkland dedication has been included on the final
plat and the covenants address the maintenance of the common area.
Condition No. 14 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 adequately addressed. Most of the street lighting has
been installed and the remaining has been addressed under the subdivision
improvements agreement.
Condition. No. 15 That the lots within the subdivision be reconfigured so that all
lots meet the minimum 70-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. All of the lots in this phase comply with the
standards of the R-2 zoning district.
Condition No. 16 Any development in the 100-year floodplain shall be required to
obtain a floodplain development permit prior to construction..
• This condition has been adequately addressed. The floodplain is primarily to the
east of this phase. A floodplain study has been undertaken that will establish the
base flood elevation.
Final Plat - Blue Heron Estates Phase 1
January 14, 2004
Page 5
Condition No. 17 That a minimum of two-thirds of the necessary infrastructure for
each phase of the subdivision shall be completed prior to final plat submittal. With
the filing of the final plat for each phase, an addition three-year extension shall be
automatically granted for subsequent phases.
This condition has been met. The necessary two-thirds of the infrastructure has
been completed and the subdivision improvements agreement addressed the
remaining required improvements.
Condition No. 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 subdivision improvements
agreements included the revegetation of disturbed areas.
Condition No. 19 That preliminary approval shall be valid for a period of three years
from the date of approval.
• This condition has been met. This final plat for the first phase has been filed prior
to expiration and will extend the plat for an additional two years.
COMPLIANCE WITH APPROVED PRELIMINARY PLAT
The final plat is in compliance with the preliminary plat which was submitted and
approved.
COMPLIANCE WITH THE SUBDIVISION REGULATIONS:
This subdivision plat has been found to be in substantial compliance with the State
and City Subdivision Regulations.
COMPLIANCE WITH THE ZONING REGULATIONS
This subdivision complies with the Kalispell Zoning Ordinance and the R-2 zoning.
RECOMMENDATION:
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 mote that the subdivision improvements agreement should be
accepted along with the final plat approval. Please schedule this matter for the
Final Plat - Blue Heron Estates Phase 1
January 14, 2004
Page 6
January 20, 2004 regular city council meeting f possible. You may call me at 751-
1852 if I can be of assistance to you regarding this matter.
Sincerely,
Narda A. Wilson, AICP
Senior Planner
Attachments: 1 opaque mylar of final plat
1 reproducible mylar of final plat
1 blueline of final plat
Letter from Paul J. Stokes and Associates dated 12/ 16/03
Final plat application dated 12/ 16/03
Letter from MDEQ dated 7/31/03 (EQ#04-1140)
Letter from DEQ dated 7/24/04 (EQ#04-1157)
Letters (3) Kalispell Public Works dated l/ 14/04 and 7/ 17/03
Letter from Parks and Rec dated 12 / 30 / 03
Engineers certification dated 12/5/03
Letter froze. USPS dated 12/5/03
Subdivision Improvements Agreement dated 12/ 16/03
Letter of credit from Glacier Bank dated 12/ 18/03
Letter from MDOT dated 1/ 14/04
Receipt for street lights dated 10/3/03
Declaration of covenants to be filed dated 12/4/03
Title report dated 12 / 5 / 03
Consent to plat dated 12/5/03
Treasurer's certification dated 12/4/03
c: Paul J Stokes and Associates, 322 Second Ave West, Kalispell, MT 59901
Charles and Mickey Lapp, 3230 Columbia Falls Stage Rd., C. Falls, MT 59912
DECLARATION OF DESIGN GUIDELINES, CONDITIONS
COVENANTS, AND RESTRICTIONS
BLUE HERON ESTATES No. I.
THIS DECLARATION, made this LtM�l day of ,200 ) by the
undersigned, Charles and Mickey Lapp of 3230 Columbia Fal s Stage,
Columbia Falls, Montana 59912
Whereas, the undersigned is the owner of certain real property known as Blue
Heron Estates No. Laccording to the recorded plat thereof on file and of
recording with Office of the Clerk and recorder of Flathead County, Montana.
Blue Heron Estates No. Lis a subdivision located in the SE 1/4 SE 1/4 Sec.2,T.
28N.,R.22W.,P.M.,M.and said subdivision will be a phased project with future
phases being added to the Home Owners Association and subject to these
guide lines,conditions,covenants,and restrictions.
The undersigned is desirous of subjecting the real property to the conditions,
covenants and restrictions herein after set forth, each and all of which is and
are for the benefit of said property 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
being the owner of all the real property known as Blue Heron Estates
No. Laccording to the plat thereof on file and of record in
the Office of the Clerk and Recorder of Flathead County, Montana, hereby
declares that the said real property is,and shall be held, transferred, sold and
conveyed, subjected to the design guidelines, conditions, covenants, and
restrictions hereafter set forth.
The design guidelines, conditions, covenants,and restriction, hereinafter set
forth are designed to provide a uniform plan for the development of the whole
of said subdivision.
All persons or corporations who shall hereinafter acquire any interest in
the above 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.
1.0 Blue Heron Estates Home Owners 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 Home Owners Association shall be formed at a time to be
designated by the Declarant, but no later than when 75% of the lots have
occupied structures,and shall consist of the owners of each lot of Blue Heron
Estates No 1. The owner or owners of each lot shall be entitled to a single vote in
the Association.The Board Of Directors,shall consist of not fewer than 10%
and not greater then 15% of the lot owners.
The 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 lien is
released. This Iien 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 of
the Association by virtue of his acquisition of the lot.
2.0 Design Review Board
The Design Review Board ( DRB ) shall consist of the Declarant, and for
whom ever they may appoint. When the Home 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
within Blue Heron Estates No.1. 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.
Plans should be submitted to the DRB before application to the city for
building permits.
The DRB process has been designed to encourage dialogue with owners
and builders. The process is intended to be constructive , not adversarial
or unnecessarily restrictive.
As owner, you shall ensure your development team complies with the following
general requirements to assure Blue Heron Estates Home Owners Assocation of
your commitment to respecting the community within which you are building
4.0 Building GuideLines:
Guidelines are out lined in more detail as follows.
5.0 Lot Grading and Drainage are responsibilities of the Owner/Builder
Every effort should be made to save all top soil while excavating for foundation
and drive way to be used in farming 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 if undertaking to incorporate a common driveway or amenity. This
location must consider safe road design, in particular relative to intersections,
vehicle stacking and natural landscape impact on safe driver site lines.
The owner is responsible to maintain the lot and road right -of -way, including
side walks.
Driveways shall be adequately reinforced concrete_
6.0 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.
6.2 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 opportunties, 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
of porch 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
tile or similar composition material, metal or wood material must be
approved by DRB.
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 is to be limited to low intensity non -glare fixtures to
provide adequate illumination 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 are part of the
atmosphere of each building. The following elements are often used and
the following conditions are directed at how they may be used in Blue
Heron Estates No.1.
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.
C. Address identification, is mandatory and suggested near the road
by the vehicle access driveway for delivery and emergency response
purposes.
D. Garbage must be contained near the side or rear of each residence
in containers furnished by garbage disposal services.
E. Fencing is to comply with applicable zoning.
F. Out buildings shall be developed to coordinate with architectural
motif and finish of the house -They are to be located within the back
yard, and cannot be larger than 10% 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.
7.0 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. This must be done within 6 months of occupancy.
7.1 Tree planting is encouraged as part of your lot and development process.
7.2 Lawn Areas shall be seeded or sodded with a mowable 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 of native rock,timber and plant material, or perhaps
reflect the architecture presented through the building by incorporating
matching or complimentary material and detail.
8.0 Site Guidelines
The following guidelines shall be included in any construction and for
project plans for any lot located within Blue Heron Estates No 1. These
guidelines shall be strictly adhered to and shall be interpreted as the intent
of these Design Guidelines, Conditions,Covenants,and Restrictions.
8.1 Purpose, Use and Activities.
A. No lot shall be used except for single- family residential purposes,
or duplex/townhouse.
B. No lot or sub lot shall be further subdivided.
C. No temporary building,house trailer, mobile home, basement or
partly finished building or structure shall be erected or placed upon
any lot during construction. All exterial construction shall be
complete within one year from the date construction begins, All
homes must be new construction. Factory built homes are .not
allowed within the subdivision.
D. The parking or storage of campers, camping trailers, pick-up
campers, boats, snowmobiles, trailers, infrequently used or
seasonal vehicles must be kept 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 car attached garage.
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.
I. All utilities shall be under ground.
8.2 Park Space (Recreational Area)
A. Park space has been created as per subdivision regulations and some
non home owner use can be expected but not encouraged.
B. The maintenance of the Park Space shall be provided at the expense
of Home 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 having jurisdiction
upon the Park Space, or any other expenses deemed appropriate by
the Board of Directors shall be paid by the Home Owners
Association.
8.3 Animals, Birds,and pets
No animal s,livestock or poultry of any kind shall be raised, bred or kept
on 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 furnished
by garbage disposal services and shall be promptly removed from
the property in a timely manner.
D. Property owners shall comply with a weed management plan
approved by the Flathead County Noxious Weed Board.
9.0 General Provisions
A. These Covenants are to run with the land, and shall be binding on
all parties, and all persons claiming under them, unless an
instrument signed by a 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
or 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 successfully may recover any
damages resulting from such violation, and it is expressly understood
by any persons purchasing this property that, if an action is
successfully brought against him for a violation of these covenants,
that a reasonable attorney's fee shall be assessed against him in add
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 of the owners of at least eighty percent ( 80'% )
of the lots ( by number ) or the owners of lots agreeing thereto, by
written amendment, acknowledged by signatureand filed with the
Office of the County Clerk and Recorder of Flathead County
Montana. The Blue Heron Estate Home Owners 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 ( 30 ) days after recording or filing. The
revised Declaration of Covenants so approved will be the governing
document regarding said covenantsand 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 that it be
remedied within a period of thirty ( 30 ) days of the date of the notice
If the owner fails or refuses to remedy the violation within said 30
days, then the Blue Heron Estate Association or DRI33 shall have the
right to undertake any and all action that they in their sole discretion
deem necessary and reasonable under the circumstances in order to
terminate or correct the act or condition which violates the covenants
including obtaining legal or equitable relief including injunctions or
orders and/or entering upon the premises for the purposes of
removing any non -complying improvements,nuisance,garbage or
or vehicle. No entry upon a lot by the DRB, the Board of Director,
or its agent for purposes of enforcing these covenants shall be
deemed a civil or criminal trespass.
IN WITNESS WI-TEREOF ,I have hereunto set my hand the day and year
first herein above written
r_.
STATE OF MONTANA)
)Ss
County of Flathead )
On this 4171day of 2003, before me,the undersigned, a
Notary public for the State of Montana, personally appeared
.� '-s eo )own to me to be the person(s) whose name(s)
is/are subscribed to the within instrument, and acknowledged to me that he/they
executed the same:
IN WITNESS WHEREOF, I have set my hand and affixed my Notary Seal the d
day and year first above written.
Notary Publi :. for the Late of Montana
Residing at. -
My Commission Expires
Consulting Engineers
December 16,2003
Narda Wilson, Senior Planner
Tri-City Planning Office
17 2"' Street East Suite 211
Kalispell, Montana 59901
RE: Blue Heron Estates No. 1. - Final Plat
The Amended Plat of a Portion of Lot 2 of
Vogler Subdivision Subdivision Not
SE114, SEIA, Section 2 T.28N, R.22W., P.,M,,M.,
Flathead County, Montana
Dear Bill;
322 Second Avenue West
Suite B
Kalispell, MT 5"01
Telephone (406) 755-8707
RAX (406) 755-2613
Please find enclosed our clients Check # 1024 in the amount of $1,250.00, said check
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 with to
enable our client to file final plat for Blue Heron Estates No. 1. A copy of which is
enclosed for your reference.
ma�
A. Declaration of Design Guidelines, Conditions Covenants and Restrictions.
8. Not applicable for Blue Heron Estates No. 1. (see temporary cul-de-sac)
9. Landscaping with Mike Baker and SIA.
10. The street signs are in place and permanent traffic control signs will be
installed after paving, part of SIA.
11. The dead end street has bee removed. (see final plat)
12. The Post Office letter is enclosed.
13. 1.326 acres of the total parkland is included in Blue Heron Estates No. 1. The
total required for Blue Heron Estates No. I is 1.140 acres.
14. The streetlights have been paid for and will be installed after paving. Flathead
Electric Co-op will provide and install the same.
15. Please see Final Plat with ledger.
16.
17. A floodplain construction permit has been applied for. The permit will cover
an 8-inch sewer line, which will be installed next spring. Fees have been paid
and the pen -nit will be on site at the time of construction. A part of SIA.
18. A total of 69.4% of the infrastructure of Blue Heron Estates No I has been
completed. (see SIA)
19. Re -vegetation is a part of the SIA.
20. The Preliminary Plat was approved by the City Mkv 5, 2003, for a period of
three (3) years under resolution 4784.
if you have any questions or comments please contact our office.
Very Truly Yours,
P& LL J. SLQIES P#,Cj A TF
r9w
C:
Charles & Mickey Lapp
file
Shelley/ mydocumentsispeoformsiettersAapptticit�-finalplat#I
mrsm
Tri-City Planning Office
17 Second St East, Suite 211
Kalispell, MT 59901
Phone: (406) 751-1850 Fax: (406) 751-1858
FINAL PLAT APPLICATION
Project Name; Blue Heron Estates No. 1
Contact Person:
Owner & Mailing Address:
Name: PAUL J. STOKES Charles and Mickev Lapp
Address 322 2ND AVE. WEST SUITE B 3230 Columbia Falls Stae Rd.
KALISPELL, MT 59901
Phone No.; 755-8707
Date of Preliminary Plat Approval : MAY 5, 2003
Type of Subdivision: Residential X Industrial
No. of .Lots Proposed 25
Land in Project (ac.) 10.371
FILLING FEE ATTACHED $
Columbia Falls MT 59912
892-5757
Commercial _ _PUD Other
Parkland (acres) 1.3261
Cash -in -Lieu $
Exempt N/A
1250.00
Minor Subdivision with approved preliminary plat
Major Subdivision with approved preliminary plat
Subdivisions with Waiver of Preliminary Plat
Subdivision Improvements Agreement
Not
Attached Applicable MUST CHECK ONE
$300 + $30/lot
$500 + $30/lot
$500 + $30/lot
$ 50
—X Health Department Certification (Original)
- -X Title Report (Original, not more than 90 days old)
—X Tax Certification (Property taxes must be paid)l)
X Consent(s) to Plat (Originals and notarized)
—X _ Subdivision Improvements Agreement (Attach collateral)
X Parkland Cash -in -Lieu (Check attached)
X Maintenance Agreement
X__._. Puts: 1 opaque OR 2 Mylars
1 Mylar copy 1 signed blueline
4 bluelines 4 bluelines, unsigned
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 final plat application must be submitted no less than 60 days prior to expiration date
of the preliminary plat.
When all application materials are submitted to the 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: Please be advised that the County Clerk & Recorder requests that all subdivision
final plat applications be accom,panieo Twith a digital copy.
Owners)/Sioature
-tom -vim
Date
**A digital copy of the final plat in a Drawing Interchange File (DXF) format or an AutoCAD file
format, consisting of the following layers:
1. Exterior boundary of subdivision
2. Lot or park boundaries
3. Easements
4. Roads or rights -of -way
5. A tie to either an existing subdivision corner or a corner of the public land survey system
As approved by the TCPB, Effective 5/ 1/03
MontanaDepartment
__ MONM
Jttdy Martz, Governor
109 Cooperative Way - Suite 105 - Kalispell, ]SIT 59901-2389 - (406) 755-8985 - FAX (406) 755-8977
Ed Engel, P.E. July 31, 2003
Paul J. Stokes & Associates, Inc.
343 First Ave West
Kalispell, MT 59901
RE: Blue Heron Estates, Phase 1, EQ# 04-1140
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. The plans and
specifications are hereby approved. One set of plans and specifications bearing the approval
stamp of the Department of Environmental Quality is enclosed.
Approval is based on plans and specifications received July 29, 2003, 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 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 signed by the project engineer.
It is further understood that construction will be completed within three years of this date. If
more than three years elapse before completing construction, plans and specifications must be
resubmitted and approved before construction begins. This three-year expiration period does not
extend any compliance schedule requirements pursuant to a Department enforcement action
against a public water or sewage system.
Please be aware that this project may need a storm water general permit. Please contact the
Water Protection Bureau at 466-444-3080 for more information.
Sincerly,
a er nv1 ental Engineer Specialist
PWSeCS
Permitting & Compliance Division
cc: Charles Lapp
City of Kalispell, Department of Public Works
Flathead County Sanitarian
File
Centralized Services Division - Enforcement Division - Permitting & Compliance Divisi(m - Planning, Prevention & Assistance Division - Etemediaiion Division
Montana Department of
.` �V.Vhh�� ()UAL=
NNJudy Martz, Governor
P.O. Box 200901 • Helena, MT 59620-0901 • (406) 444-2544 • www.deq.state.rnt.us
July 24, 2003
Paul J Stokes & Associates Inc
Ed Engel P.E.
343 1"Ave West
Kalispell MT 590101
Dear Mr Engel:
RE: Blue Heron Estates Subdivision Phase 1
Municipal Facilities Exclusion
EQ#04-1157
City of Kalispell
Flathead County
This is to certify that the information and fees received by the Department of Environmental Qualityrelating 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 176-4-111 (3), MCA}. Construction of water or sewer extensions prior to
DEQ, Public Water Supply Section's approval is prohibited, and is subject to penalty as prescribed in Title 75,
Chapter 6 and Title 76, Chapter 4.
This file has been hailed to the Water Protection Bureau, Kalispell Office for their review.
Sincerely,
rianet 3Skaarland
Compliance Technician
Subdivision Section
Water Protection Bureau
(406) 444-1801 — email jskaarland@state.mt.us
CC' City Engineer, City of Kalispell
County Sanitarian
file
Centralized Services Division • Enforcement Division • Permitting & Compliance Division • Planning, Prevention & Assistance Division • Remediation Division
'--"ty of Kal'spell Public Works Department
9°
Fast Office Box 1997. Kalispell, Montana 59903-1997 - Telephone (406) 75 -7720, fax (= 06)758-7831
� F
January 14, 2004
Ed Engel, P.E.
Paul J. Stokes & Associates, Inc.
Consulting Engineers
343 First Avenue West
Kalispell, Montana 59901
Re; Blue Heron, Estates Phase I
Dear Mr. Engel:
The City of Kalispell Pubic 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. Your letter dated December 5, 2003, certifying that the improvements within the referenced
subdivision are in substantial conformance with the City of Kalispell standards and the approved
plans and specifications.
2. Receipt of a Subdivision Improvement Agreement which contains the total estimated construction
costs plus 25 percent covering the estimated costs for the remaining street paving, sidewalks,
curb and gutter, a portion of sewer main on Three Mile Drive, and landscaping and vegetation
restoration. The Subdivision Improvement Agreement shall be certified by you 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 January 14, 2004. 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.
5inc rely
Frank Castles, A.E.
Assistant City Engineer
Cc: Narda Wilson, Senior Planner
Tri-City Planning Office
City of Kalispell Public Works Department
Post Off -ice Box 1997, Kalispell, Moram 59903-1997 -',Telephone (406)758-7720, Fax (406)758-7831
July 17, 2003
Environmental Health Services
Flathead City -County Health Department
1035 First Avenue West
Kalispell, Montana 59901
Attention: Dick Montgomery, P.E.
RE: Acre Heron Estates, Phase I
Kalispell, Montana
Dear Dick,
This letter is to confirm that the City of Kalispell has reviewed and approved the plans
and specifications prepared by Paul J. Stokes & Associates, Inc., for the referenced
project. The Kalispell water and sanitary sewer systems have adequate capacity to
serve the project.
Please feel free to call if you have any questions.
Respectfully,
A 0�v
Frank Castles, P.E.
Assistant City Engineer
cc: Engel, P.E"
Paul 3. Stokes & Associates, Inc.
City of Kalispell Public Works Department
Post Office Sox 1997, Kalispell, Montana 59903-1997 - Telephone (406)758-7720, Fix (406)758-7831
July 17, 2003
Paul J. Stokes & Associates, Inc.
Consulting Engineers
343 First Avenue West
Kalispell, Montana 59%1
Attention: Ed Engel, P.E.
RE: Blue Heron Estates, Phase Y
Kalispell, Montana
WITTIMMS
The construction plans and supporting documents for the referenced project are hereby
approved.
Attached is your copy of the letter of approval sent to the Flathead City -County Health
Department.
We look forward to working with you on this project.
Respectfully,
(,�'l!
rank Castles P.E.
Assistant City Engineer
Attachment: As Stated
City of Kalispell
Post Office Box 1997 - Kalispell, Montana 59903-1997 - Telephone (406)758-7700 Fax(406)758-7758
December 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.
At 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 301", 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 a
call.
Sincerely,
L jj f
Michaefaker Director
Kalispell Parks and Recreation
Cc: Narda Wilson, Tri-City Planning
Consulting Engineers
December 5, 2003
Jim Hansz
Director of Public Works
City of Kalispell
P.O. Box 1997
Kalispell, MT 59903-1997
RE: Blue Heron Estates No. I
SEI/4 , SEIA, SEI/4 , Sec. 2, T.28N., R.22W., P.M.M.
Flathead County, Montana
Dear Jim;
322 Second Avenue west
Suite 8
Kalispell, NIT 59901
Telephone (406) 755-8707
FAX (406) 755-2613
We have performed the final inspection on the above referenced project_ All construction that we
observed was found to be in substantial conformance with the plan approved by the City of
Kalispell and FCCHD and MD.EQ regulations.
All improvements are complete except for the following:
• Street Paving,
® Sidewalks;
• Curb and Gutter;
• A portion of the sewer main on Three Mile Drive; and
■ Landscaping and vegetation restoration.
The above remaining improvements are included in a Subdivision Improvement Agreement with a
letter of credit sufficient to complete the project. We will inspect the remaining improvements as
they are completed and provide additional certification upon their completion.
If you need any additional information please feel free to contact our office.
Sincerely,
PAUL J. STOKES & ASSOCIATES, INC.
a
t
Ed Engel, RE • �
Project Engineer
c: Charles Lapp
file
2 r_ t
v
DAN KOLESAR
POSTMASTER
UUMOSTUES
E
December 5, 2€ 03
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 week. I do want you to know that progress is being made 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.
Sipperely
Dan Kolesar
360 NORTH MERIDAN
KAUSPELL, MT 59901-9998
406 765-6450
FAX: 406 756-0045
VLAci BANK
OF WHITEFISH
IRREVOCABLE LETTER OF CREDIT:
Letter of Credit No. 120341.
Dated: December IS. 2003
Expiration Date: December 15 2004
Amount: S162,555015_
Kalispell City Council
City of Kalispell
P.O. Box 1997
Kalispell, MT 59901
We hereby establish in your favor an irrevocable letter of credit up to the aggregate
amount of $162 5880.15 at the request of Blue Jay Entemrises Inc./ Charles Lapp.
If Blue Jay Enterprises Inc./ Charles Lapp fails to complete the specified improvements
in the Blue Heron Estates Phase 1 within the time period set forth in the attached.
Improvements Agreement, we will pay on demand your draft or drafts for such funds, to
the limit of credit set forth herein, as are required to complete said improvements. All
drafts must indicate the number and date of this letter of credit and be accompanied by a
signed statement of all authorized official that the amount is drawn to install
improvements not installed in conformance with the Improvements Agreement and
specifying the default or defect in question.
All drafts must be presented prior to the expiration date stated above, and this letter of
credit 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.
GLACIER BANK OF WHITEFISH
Randy C dill, 'ce President
P.O. BOX 220 a 319 SECOND STREET * WHITEFISH, MONTANA 59937-0220
406-863-6300
_ _— Montana Department of Transports#ion tJavtd �a. Gait, Director
s� Hmr Judy Martz, Govemor
Kalispell Area Office
85 Rth Avenue East North
PO Box 7308
Kalispell, MT 58804-0308
January 14, 2004
PJ Stokes and Assoc.
322 2nd Ave West
Kalispell, MT 59901
Subject: Blue Herron Estates Approach
S 424 MP 0.65
The approach is not finished at this time and cannot be approved until the following
conditions are met.
The top of the approach must be constructed and paved as shown on the May
2003 drawing from Paul J. Stokes & Associates.
All side slopes graded at a 6 to 1 slope, covered with topsoil and seeded with
certified weed free seed.
• The ditches graded to divert all water away from the approach.
Approval of the permit is contingent upon completing all associated conditions.
If you have any questions please contact me at 751-2014.
Sincerely,
j
Clay Colby
Maintenance Superintendent
CLC/cicP424-0.65
copies: Stephen L. Herzog
Cliff Steinmetz
Area File
P17one: (406) 751 2000 7 Y- (800) 335-�7592
Fax.' (406) 752--5767 An Equal ppnoni Wiry 1 mployer Web Page: wunvmdt state Mt. us
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BLUE HERON ESTATES
Account #f NIA
Amount Pd-D By: mac_ u..43
Amount Pd.- By:
Staked By: sun
Staked Date: 6l2/2003
Date: /v 2-3_ Check #: -1�0l c
Date: Check #:
A�Q�Y �iLtt :io' ;' '"'. 7Li i g# 41'1r '-i.,�, < .fie:
..`„�y,�T'• �,QI>:�Iltlf3!` LaboiCOSt �7:;¢materiB�C.t3ti
100WST
LIGHT, 100W HPS STREET (FLAT)
7
S862.90
S425.64
M2-11
GROUND, POLE
1
$55.47
SI8-28
M26-5AL
STREET LIGHT ALUM. POLE
7
S1,078.63
S4,20435
PR1528
1/0 STR. 220MIL 15KV URD
1,454
S1,254.66
$2,619.82
SEC450
1212 OF
573
S197.78
S85.I5
SEC557
350 MCM USE TPX
1,427
S2,181-27
S2,675.91
UA-2B
RISER, SINGLE W/ BRKT.
I
S468.43
S247.53
LIFER
UFER GROUND
5
UG7S-100
I00KVA TRANS. ASSY. URD
3
S1,220.39
$4,846.33
UG7S-50
50KVA TRANS. ASSY. URD
1
$406.80
S 1,090.79
UK5
SECONDARY PEDESTAL W/ 3 CONN.
15
$1,849.09
S3,059.12
U,,M3-14
SINGLE PHASE ENCLOSURE
1
$141.76
$259.36
UM50-M-1
I" MBR CONDUIT
573
UM50-M 3
3" MBR CONDUIT
2,891
UM6-i
ELBOW 15KV
9
$776.61
S 193-36
UM6-10
ORD. PROT. CAP 15KV (N.O.I.)
3
S18.49
$27.82
UM6-22
FOUR WAY MODULE 15KV
I
S 160.25
S 104A6
UM6-34
ELBOW/ARRESTOR
1
$86.29
$66.00
UM64-80
FAULT INDICATOR 80A
2
S18491
S216.74
U116-5
FEEDTHRU-ROTATABLE 15KV
I
S86.29
S0.00
UR2-3-MBR
MBR SEC. TRENCH
22
UR2-MBR
MBR TRENCH
5
Crew Hours: 268.43
$1 1,030,03 .S20.140.65
Construction Cost:
$31,170.68
General Overhead:
$4,675.60
Transportation
S2,026.09
Engineering:
S935.12
Additional FEC Costs:
S0.00
Explaination:
TOTAL COST: $38.807.50
FEC Transformer Contribution
S9,417.56
FEC New Service Allowance
$0.00
Additional FEC Allowance:
S0.00
Explaination:
Deposit Paid:
S250.00 TOTAL ALLOWANCE: $9,667-56
Credit Card Amount: 120,01.3.00 TOTAL DUE: $29,139.00
ESTIMATE VALID FOR 90 DAYS FROM: 61512003
TICOR TITLE INSURANCE COMPANY
27 5270 030. 00000140
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 AND THE SPECIFIC
ASSURANCES AFFORDED BY THIS GUARANTEE, IF YOU WISH ADDITIONAL LIABILITY, OR
ASSURANCES OTHER THAN AS CONTAINED HEREIN, PLEASE CONTACT THE COMPANY FOR
FURTHER INFORMATION AS TO THE AVAILABILITY AND COST.
Dated:
TICOR TITLE INSURANCE COMPANY
Issued by:
ALLIANCE TITLE AND ESCROW CORP.
50I SOUTH MAIN By ;-���''`�' ��.� President
P.U. BOX 879
KALISPELL, MT 59903-0879 Attest) Secretary
(406) 752-7606 /Z-
thoriz ignatory
MISCELLANEOUS GUARANTEE FACE PAGE
Washington 3 Montana
Reorder form No. 8993
CERTIFICATE OF PLAT
SCHEDULE A
Order No.: 206038750
Guarantee No.: 27 5270 030 00000140
Liability: $1,000.00
Fee: $150,00
Effective Date: October 31, 2003 @ 7:30 a.m.
The assurance referred to the face page are
That, according to those public records which, under the recording laws, impart constructive
notice of matters relative to the following described real property:
A Tract of land in the SEI/4SEl/4 of Section 2, township 28 North, Range 22 West, P.M.M.,
Flathead County, Montana, described as follows:
Commencing; at the northeast corner of SEI/4 of said Section 2; thence
South 00°4633" West 1353.59 feet along the east boundary of said SEI/4 to the northeast
corner cf Lot "2" as shown on Vogler Subdivision No. 2, records of Flathead County;
thence
Soul 89"48' 15" West 547.24 feet along the north boundary of said Lot "2" to the True
Point of Beginning of the tract of land described; thence continuing;
South 89"48' 15" West 487.71 feet; thence
South 00'35'18" West 129.11 feet; thence
South 26'31'29" East 66.94 feet; thence
South 00"35'18" West 574.00 feet; thence
South 14'3.9'18" West 62.07 feet; thence
South 00'35'18" West 81.72 feet to a point on the north boundary of Lot "1" of said Vogler
Subdivision No. 2; thence
North. 89'53' 12" .East 37.00 feet to the northeast corner of said Lot "I"; thence
South 00'37'03" West 330.00 feet to the southeast corner of said Lot "1", being on the North
right-ofwav of Three Mile Drive; thence
North 89'56'02" East 275.73 feet along said right -or -way to the southwest corner of "Tract
112" as shown on Certificate of Survey No. 7970, records of Flathead County; thence
North 00'45'49" East 615.20 feet to the northwest corner of said Tract "2"; thence
continuing;
North 0t1°4549" East 127.00 feet, thence
North 40°27'26" Fast 79.09 feet; thence
North 14'22'43" Fast 447,72 feet to the Point of Beginning.
The above described Tract of land is to be known and described as "Blue heron Estates
No. 1 ".
Title to said real property is vested in:
Charles Lapp and Mickey Lapp, as joint tenants
Order No.: 206038750
Guarantee No.: 27 5270 030 00000140
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.
2. Unpatented mining claims; reservations or exceptions in the United States Patents or if] Acts
authorizing the issuance thereof, water rights, claims or title to water.
3. Title to any property beyond the lines of the real property expressly described herein, or title
to streets, roads, avenues, lanes, ways or waterways on which such real property abuts, or the
right to maintain therein vaults, Tunnels, 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.
4. Taxes, including any assessments collected therewith, for the year 2003 which are due and
payable but not delinquent.
5. An easement for the purpose shown below and rights incidental thereto as set forth in
document:
Granted to: American Telephone and Telegraph Company, a New York corporation.
Purpose: Public Utilities.
Recorded: November 2, 1993.
Instrument No.: 93-306-0854-0, of Official Records.
6. Terms and provisions of State of Montana, Department of Environmental Quality, Certificate
of Subdivision Plat Approval, recorded with Vogler Subdivision on August 6, 1997
Instrument No. 1997-218-1134-0, of Official Records.
7. Terms, provisions, covenants, conditions, definitions, obligations, reservations and
restrictions, contained in Document:
Purpose: Subdivision Improvement Agreement
Recorded: August 6, 1997
Instrument No.: 1997-218-1135-0, of Official Records.
8. Easements, reservations, restrictions, notes and/or dedications as shown on the official plat of
Subdivision No. 204.
9. Covenants, conditions and restrictions, but omitting any covenant or restriction based on race,
color, religion, sex, handicap, familial status, or national origin unless and only to the extent
that said covenant (a) is exempt under Chapter 42. Section 3607 of the United States Code or
(b) relates to handicap but does not discriminate against handicapped persons as set forth in
the document. Warranty Deed
Recorded: August 29, 2001.
Instrument No.: 2001-241-161 1-0, of Official Records,
10. Terms, provisions, covenants, conditions, definitions, obligations, reservations and
restrictions, contained in Document:
Purpose: Resolution No. 4783 A Resolution to provide for the Alteration of the Boundaries of
The City of Kalispell by including therein as an Annexation.
Recorded: June 9, 2003
Instrument No.: 2003-160-1107-0, of Official Records.
It. 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.: 2003-160-1 108-0, of Official Records.
12. A Deed of Trust/Trust Indenture to secure an indebtedness in the amount show below and any
other obligations secured thereby:
Amount: $84,000.00.
Trustor/Grantor: Charles Lapp and Mickey Lapp.
Trustee: Citizen's Title and Escrow Co.
Beneficiary: Glacier Bank of Whitefish.
Recorded: June 10, 2002.
Instrument No.: 2002-161-1141-0, of Official Records.
13. A Deed of Trust/Trust Indenture to secure an indebtedness in the amount show below and any
other obligations secured thereby:
Amount: $35,459.00.
Trustor/Grantor: Charles Lapp and Mickey Lapp.
Trustee: Alliance Title and Escrow Company.
Beneficiary: Glacier Bank.
Recorded: June 25, 2003.
Instrument No.: 2003-177-1210-0, of Official Records.
14, A Deed of Trust/Trust Indenture to secure an indebtedness in the amount show below and any
other obligations secured thereby:
Amount: $568,972.80.
Trustor/Grantor: Charles Lapp and Michelle Lapp was also known as Mickey Lapp.
Trustee: Alliance Title and Escrow Company.
Beneficiary: Glacier Bank of Whitefish.
Recorded: October 31, 2003.
Instrument No.: 2003-304-1544-0, of Official Records.
15. Easements, reservations, restrictions, notes and/or dedications as shown on the preliminary
plat of Blue I leron Estates No. 1.
16, Terms and provisions of State of Montana, Department of Environmental Quality, Certificate
of Subdivision Plat Approval, to be recorded with Blue Heron Estates No. 1, of Official
Records,
IT NOTE: The property described has Petitioned the City of Kalispell to be Annexed and to
withdraw from the West Valley Rural Fire District.
THE END
CONSENT TO PLAT
The undersigned Glacier Bank, holder($) of the Beneficial interest in mortgages
recorded June 10, 2002, as document # 2002-161-1141.0; dune 25, 2003, as document
#2003-177-1210-0; and October 31, 2003, as document #2003-304-1544-0, as records
of Flathead County, Montana, do hereby consent, pursuant to Title 76, Chapter 3, part
612, MCA (1989), to the subdivision and platting of property included on such mortgage,
such subdivision to be known Blue Heron Estates No. 1, 4,
In witness whereof, this consent has been executed this day of i� 20e,/
State of o nA gj c� �a.
} �s
County of _Lqj h,, ,
On this _�L day of c�eM , 20L, before mete undersigned, a Notary Public
for the State of personally appeared < w4, I , known to me
to be the person(s) whose name(s) is (are) scribed to th fo r4 Ding inst un*nt, and
acknowledged to me that he executed the same.
In witness whereof, I have set my hand and affixed my
first above written.
o�ry Public for the State of iW zv L.r
Residing at V"I
My commission expires
ind year
Plat room
Flathead County, Montana
800 S. Main St.
Kalispell, MT 59901
(406) 758-55 1 0
This Form is for Subdivisions & Condominiums Only
BY.
FOR: dctpr-
DESCP: t-e-
YEARS
�
ASSESSOR #
1999 THRU,_ C%
& TO DATE
DATE
PURPOSEv"
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)