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6. Final Plat - Aspen Creek Phase 2Ci*ty of Kalispell Planning &Building Department 20 " Ave East, Kalispell, Montana 59901 Plamiing Telephone: 0 758-7940 Building Telephone: 7 -77 `a: 4 7 -77 9 we sit : www.kallspell.com REPORT TO: Kalispell Mayor and city Council FROM: Sean Conrad, senior Planner James H. Patrick, city Manager SUBJECT Final flat for Aspen' creek Phase 2 1 `I GDATE: ,April 21, 2008 BACKGROUND: This is a. request for final plat approval of Aspen. creek Subdivision Phase 2, consisting of 30 single family residential lots and 10 townhouse lots on approximately 11. - acres. The property is generally located on the south side of Three Mile Drive approximately 70 feet west of the intersection of Stillwater Road and Three Mile Drive. The property proposed for development can be described as a portion of Tract 2, Certificate of Survey 15888 located in Section 11, Township 28 North., Range 22 west, . M . 1. , Flathead County, Montana. The property was annexed into the city of Kalispell n May 2, 2005 and given an initial zoning designation of 1 -2 (Single Family Residential) with a planned Unit Development Overlay. The Aspen creek Subdivision n (formerly known as Bowser creek Estates) was given preliminary plat approval by the Kalispell city council on July 6, 2004, subject to 29 conditions. As a requirement of the preliminary plat, at least two-thirds of the required improvements have been installed according to the subdivision improvement agreement (SIA) with certification from William. Boger, P.E. The SIA 'included with the final plat application will cover two private access roads searing the townhouse lots, a vegetative screen f r the south boundary of the subdivision, mailboxes and completion of an all reather access connection for Triple creek Drive, between Aspen creek phase 2 and Spring creek Estates. The cost to complete these items is $68,000. The performance bonds submitted with the final plat application address the 125% of the estimated cost of remaining improvements. The estimated completion slate for the remaining items listed in the s1A is November 15, 2008 or sooner. RECOMMENDATION: A motion to 'approve the final plat for Asper. Creek Phase 2 and to accept the Subdivision Improvements Agreement would be in order. FISCAL EFFECTS: Respectfully submitted, Sean Conrad Senior Planner Positive impacts once developed. As suggested by the city council. Report compiled: April 15, 2008 James H. Patrick City Manager Attachments: Letter of transmittal Final plat application and supporting document Return to: Theresa 'white Kalispell City Clerk P.O. Box 1997 Kalispell, MT 59903 A'NDIEK TFHS AGREEMENT, made and entered into this day of , ---, by and between the CITY COtNCIL,, CITY OF KALISPELL7 Party of the First Part and hereinafter referred to as the CITY, and Kalispell Bowser Creek Associates L (Name of Developer) a Comp@py (Indviidual, Company or Corporation) located at 121 I _ Spear Street Suite 250, San Francisco CA 91. (Street Address/P.O. Box) (City, County, State, Zip), Party of the Second Fart and hereinafter refen-ed to as DEVELOPER, THAT WHEREAS, the Developer is the owner and developer of a new subdivision known as Aspen Creek (Name of Subdivision) located on a Portion of Tract . .S_ 15888, Section I 1 Township 2 North, Range 22 ,We t.,.....,....Y.._ (Location of Subdivision) and, VflREA, the City has conditioned it's approval of the final plat of Aspen Creels (Name of Subdivision), upon the conditions as set forth in the Preliminary Plat of the Subdivision being completed and all improvements, as cited in "Exhibit A"' have not been completed at this time, and the Developer wishes to bond for the completion of those improvements set forth in "Exhibit A""; and AS, the ity's Subdivision Regulations require that a subdivider shall provide a financial security of 1 % 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 "; and MqMREA , the estimated total cost of construction of said improvements is the sum of S ,68�000.00 NOW, T-HREoRE, in consideration of the approval of the final plat of said Subdivision by the City, the Developer hereby agrees as follows: ATRI- ORETrojects\Aspen reek\Worc 1 IA Phase ZSUBDIVISION MPROVEMENT AGREEMENT -doe . The Developer shall deposit as collateral with the City a setter of Credit, or other acceptable collateral as determined by the City of Kalispell, in the amount of 85,000.00 . Said Letter of Credit or other collateral shall have an expiration date of at least sixty 0 days following the date set for completion of the improvements, certifying the following: a That the creditor guarantees funds in the sun of $ 8,000.00 , the estimated cost of completing the required improvements in Aspen Creek Phase 2 . b That if the Developer fails to complete the specified improvements within the required period, the creditor will pay to the City immediately, and without further action, such funds as are necessary to finance the completion of those improvements up to the limit of credit stated in letter; 2. That said required 'improvements shall be fully completed by November i , 008 . . That upon completion of the required 'improvements, the Developer shall cause to be filed with the City a statement certifying that: aAll 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 hose improvements; d That these improvements are free and dear of any encumbrances or liens: e That a schedule of actual construction costs has been filed with the City; and, f) All applicable fees and surcharges have been paid. 4. The Developer shall cause to be filed with the City copies of final plans, profiles, grades and specifications of said improvements, with the certification of the registered professional engineer responsible for their preparation that all required improvements have been installed in substantial conformance with said specifications. T IS ALSO AGREED BY AND BETWEEN THE PARTIES HERETO S FOLLOWS, -WIT: That the Developer shall provide for inspection of all required improvements by a registered professional engineer before the Devc1oper 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 mish 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 Mn 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 i.naccordance witb the specifications. The unused portions of the collateral shall he retuned to the Developer or the crediting institution, as is appropriate, CAT I-C R TrojeetslAspen re k\Word\SIA Phase 2\SUBDIVISION IMPROVEMENT ENT AGREEMENT.doc iru..XHIBIT A Conditions of approval as fixed to the preliminary plat by the City Council, Kalispell, Montana. EXHIBIT B This agreement specifically includes the following improvements, their projected construction completion date and estimated construction costs. CHECK CONSTRUCTION ESTIMATED PERCENTAGE APPROPRIATE COMPLETION CONSTRUCTION COMPLETE IMPOMIENTs DATE COSTS Street Grading/Paving X Complete $1361,786.97 100% Sidewalks X Complete $72,250.00 00% Curbs and Cutters X Complete $48fiI5.00 100% Pn*vate Acsswas 2locations) X Nov-08 $ 0,000.00 0% Sanitary sewers Mains X Complete $1239725.00 100% Other N. On -site sewage Facilities NIA Water systems Mains X Complete $137,892.46 100% Other NA Fire Hydrants X Complete $2 , 3. 0 100% Storm sever or Drainage Facilities X Complete $355358.00 100% Street signs X Nov-08 $240.00. % Street Lighting X Complete PAID TO FEC 100% Street Monuments N/A Survey Monument Boxes N/A Landscaping/Boulevard trees X Nov-Nov-08 $30,000.00 100% Other (screening at south Boundary-2 ' conifer trees @a 1 ' O.C. & Pathways) X Nov-0 05000.00 0% Other (USPS Mailboxes) X Nov-0 1, 00.00 0% Other (Emergency Access Improvements) X Nov-08 $65400.00 0% SUBTOTAL - $68P0.00 FEES ------ -- ----------- $0.00 TOTALS COSTS $68floo.00 TOTAL COLLATERAL TOTALS COSTS X 125% 3000.00 C:\TRf-00RE\PrqjectAAspen reeIwor \ IA Phase MUBDIVISION IMPROVEMENT A REMNT, o CERTIFICATE OF ENGINEER I, William D. Boger, a Licensed Professional Engineer in the State of Montana, acting on behalf of Kalispell Bowser Creek Associates, LLC, do hereby certify: Estimated costs in Exhibit B attached hereto are true and accurate; Fork completed has beein completed in accordance with the approved plans and specifications, standards of the City of Kalispell and the State of Montana. Done this // "day AP91L- � of, 2008. Certificate of Nof � State of Montana County of Flathead William D. BogeY#1.6282PE On this 11 day o. -A , before me the undersigned, a rotary Public for the Mate of Montana, personally appeared - �* ww known to one to be the person whose name is subscribed to the forgoing instrument and acknowledged to me that he executed the same. Notary Public for the Mate old shy. Residing at My Commission Expires on -711,f) 0ZtV8 NOTARY SEAL r+! Y W4 r ° ✓� �'¢A fig• �� 3 ' 4 D!, J = wcAA INTERNATIONAL ONAL FIDELITY INSURANCE COMPANY SUBDIVISION IM PROVE ENTS LABOR AND MATERIAL BOID Bond No. 0456981 Premium included in Performance Bond KNOT ALL MEN BY THESE PRESENTS: That we, KALISPELL BOWSER CREEK ASSOCIATES, LL as Principal, and INTERNATIONAL ATIONAL FIDELITY INSURANCE NC OMPAN Y, duly authorized under the laws of the State of California to become surety on bonds and undertakings, as Surety, are held and firmly bound unto CITY OF KALISP LL, MONTAI A as Obligee in the fall and just sung of SEVENTY FIVE THOUSAND AND oo i o Dollars, #00 .00 lawful money of the United States of America, for the payment whereof, said Principal and Surety bind themselves, their heirs, executors, successors, administrators and assigns, Jointly and severally, firmly by these presents. THE CONDITION of THE OBLIGATION IS SUCH THAT; whereas the above named Principal has entered into an agreement of agreements which are made a part of this bond, with the CITIY OF I ALISP LL, MO T I A as Obligee for the improvements is the subdivision designated s Tract/Parcel Map No. APN #0 1- 8 5 9 8 0 0, Aspen Creep Subdivision SlA Phase 2 as required by the Government Code of California. Now THEREFORE, condition of this obligation is such, that if the above Principal falls to make payment to any contractor, his subcontractors, or to persons renting equipment or furnishing labor and materials to them for the improvement required by said agreement or agreements, the Surety on this bond will pay the same, in an amount not exceeding the sum specified in this bond. This bond is executed and filed to comply with Section 66499 through and including Section 66499.10 of the Government Code of California as improvement security, and shall inure to the benefit of any and all contractors their subcontractors and persons renting equipment or furnishing labor or materials to them for the improvement. Notice of extension of time for completion is waived by the Surety. Sealed with our seals and dated this 2nd day of February , 2 Kalispell Bowser Creek Associates, LLB' Montana Limited Li ility Company BY: VPI, lnc.,edCarifnia corporation, its Manager Principal By X 4,Vx International Fideli R. A. BASS Insurance Company Attorney -in-Fact ...k .^ .... a xf v, „ .. . . � w � s' �,:� .,s.•.. >�Y�tix .,`a, ..,, :'..;' • r' sk. aKK ' r✓�xxx :•S'^ :Ev': ..{: f w s � %/' ��#"'M�^'`::•'��- ..,o.....v.�..., +.,1 .�...,s.�M...e Nr,'.^.L" M x r k .y n5f»t .r.r k.r; :: .: z ' ^..... k. ?,'�� v ,r �3^ :h.. ':sX,•'7 `.a �. .x � rq,:,,�}^. .e{A"' 6�-wa°:'•'�i' kr� ol",x,_,c`.¢ `3s_c. Y,K✓�. s.. k2'�,,:K$ir-'*x='.,wh' .t s�}Rh�`.t_,.k, ..i.. •. s..v •: �.;, :` ':{. :.r ,_raw. v..� L .. _ P >�:�r^i},� v% y„,,�,IN ae� ;s's: wn: C','\w3, :^'e' 'Sa}.^ ::s>A 5CK .x, f.l.:�'-` T':'.e�'-'a=r ,a ,wedC:>. x. r '�w,r'��" *4��x^'�".'�.'�' �'� ... �, State of California County of SAN FRANCISCO. On 02/22/08 before me, VENETIA G JOHNSON, Notary Public, personally appeared R. A. BASS who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/ subscribed to the within instrument and acknowledged to me that executed the same in his,her-Itheir authorized capacity(ies), and that by h's/hAmrIffin"l- .-ov signature(s) on the instrument the persons), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. (seal) Signature VENETIA G JOHNSON 1IthVENET m� .. i1 1749375 Son Francisco County MVO. .un, 11 Tel i973>bza-zoo pnWFR !1F ATTl1RNFV .a v • � ��w vi.t� i 1 V��.J. \ii i INTERNATI4NAI. FIDELITYINSURANCE COMPANY HOME OFFICE: ONE NEWARK CENTER, 24'i'H FL0012 NEWARIC, NEW JERSEY 07402-5207 KNOW ALL MIEN BY THESE PRESENTS:. TS:. That INTERNATIONAL ATIONAL ID LITY INSURANCE COMPANY, a corporation organized and' existing lags of'the State of New Jersey, and having its principal office in the City of Newark, New Jersey, does hereby constirute -and appoint VENETIA G. JOHNSON, KATHERINE TIBERL R.A. BASS, TH R SE A. MC LT Saxe Francisco, CA.. .................................... .................... ......... ..............,........_...................... ...... -_................................................................... its true and lawful attorne s -in-fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, contracts of indemnity and other wr{itirrgs obligatory in the nature thereof, which are or may be allowed, required pr'pemlitted by law, stature, rule, regulation, contract or otherwise, and the execution of such instrument(s) in pursuance of these presents, shall be as binding upon the said INTERNATIONAL FI LIT" INSURANCE COMPANY, as fully and amply, to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at its principal office, This Poorer of Attomey is executed, and may be revoked, pursuant to and by authority of Article 3-Section 3, of the By -Laws adopted b the Board of Directors of II TER1 A' I I AL FIE LIT`Y INSIJRA C COMPANY at a meeting called and held on the 7th day of February, 1974. The President or any Vice President, Executive Vice President, Secretary or Assistant Secretary, shall have power and authority 1) To appoint Atto€-aeys4€n--fact, and to authorize therm to execute on behalf of the Company, and attach the Seal of the Company thereto, bonds and undertakings, contracts of inde ,airy and other writings obligatory in the nature hereof and, 2 To remove, at any time, any such attorney -in-fact and revoke the authority given. Further, this Power of Attorne is signed and sealed by facsimile pursuant to resolution of the Board of Directors of said Company adopted at a meeting duly called and held on the 29th day of April, 1982 of which the following is a true excerpt: Now therefore the signatures of such officers and the seal of the Company may be affixed to any such over of attorney or any certificate relating thereto by facsimile, and any such power of attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and bindrll upon the Company and any such power so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company in the fixture with respect to any bond or undertaking to which it is attached. 'Ty1 + IN TESTIMONY WHEREOF, INTERNATIONAL RNATIONAL FrD LITY INSURANCE COMPANY has caused this instrument to be { signed and its corporate seal to be affixed by its authorized officer, this 29th day of August, A.D. 2003. � INTERNATIONAL FIDELITY INSURANCE C ' Y 1904 STATE OF NEW JERSEY ;. Count} of Essen<0; JE W Secretar n rlris 2 th day of August 2003, before me carve the individual who executed the preceding instrument, to me personallyknown, and, being by me dilly sworn, said the he is the therein described and authorized officer of the INTERNATIONAL FIDELITY INSURANCE COMPANY; that the seal affixed to said instrument is the Corporate Seal of said Company; that the said Corporate Seal and his signature were duly affixed by order of the Board of Directors of said Company. IN TESTIMONY WHEREOF, I have hereunto set my hand affixed my Official Seal, at the City of Newark, New Jersey the day and year first above written. NOTARY PUBLIC 46 A NOTARY PUBLIC OF EW JERSEY CERTIFICATION y Commission Expires Nov. 21, 2010 1, the undersigned officer of INTERNATIONAL FIDELITY INSURANCE C LA Y do hereby certify that I have compared the foregoing -copy -of the Power of Att,omey and affidavit, and the -cop} of the Section of the By -Laws of said Company as set forth in said bower of Attorney, with 'the ORIGINALS O IN THE HOME OFFICE OF SAID COMPANY, and that the same are correct transcripts thereof, and of the whole of the said or-i ix' ls, arid. that tl said Power -of Attorney has not been revoked and is now in full force and effect IN TESTIMONY' WHEREOF, I have hereunto set my hand this 22nd day of February, 2008 Of Astant. Secretary Attachment to Subdivision Improvements Bond CERTIFICATE of ACKNOWLEDGMENT STATE OF CALIFORNIA § COUNTY OF SAN FRANCISCO § On February 26, 2008 before me, Bona Gomez, Notary Public, personally appeared Robert I aokson, who proved to me on the basis of satisfactory evidence to he the person(s) whose name is/are subscribed to the within instrument and acknowledged to one that he/she/their executed the same in his/her/their authorized capacityie, and that by hiherltheir signature(s) on the instrument the peron: or the entity upon behalf of which the person acted, executed the instrument. 1 certify under PENALTY of PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS ray hand and official seal. 4 Signatu�re of Notary DONA GOMEZ 's Comm. # 1 807 NOTARY PUBLIC- CALIFORNIA CM &COUNTY Of SAN FRAKWU (For notary seal or stamp INTERNATIONAL FIDELITY INSURANCE COMPANY SUBDIVISION IMPROVEMENTS PERFORMANCE BON Bond No. 001 Initial Premium $1J.25.00 Subject to Renewal KNOW ALL MEN BY THESE PRESENTS: That we, KALISPELL BOWSER CREEK ASSOCIATES, LLC as Principal, and INTERNATIONAL `ID IT' INSURANCE C M'AN , a corporation duly authorized under the laves of the State of California to become surety on bonds and under -takings, a Surety, are held and firnnly bound unto CITY OF KALISPELL, MONTANA as Obligee in the full and Just sum of SEVENTY FIVE THOUSAND SAI AND o I o Dollars, ($ oo .00 lawful miry of the United States of America, to be paid to the said obligee, successors or assigns; for which payment, well and truly to be made, we bind ourselves, our heirs, executors, successors, administrators and assigns, jointly and severally, firmly by these presents. THE CONDITION of THE OBLIGATION IS SUCH THAT: WHEREAS, the above named Principal, as a condition of the filing of the final subdivision map of (Tract/Parcel)Map No. APN #0 f - 8 5 98 00, Aspen Creek Subdivision Creed SIA — Phase 2 entered into an agreement or agreements with said Obligee to complete the improvements specified in said agreements. NOW, THEREFORE, the condition of this obligation is such, that if the above Principal shall well and truly perform said agreement or agreements during the original term thereof or of any extension of said term that may be granted by the obligee with or without notice to the Surety, this obligation shall he void, otherwise it shall remain in full force and effect. IN WITNESS WHEREOF, the seal and signature of said Principal is hereto affixed and the corporate seal and the name of the Surety is hereto affixed and attested by its duly authorized Attorney -in- Fact at San Francisco, C , this 22nd day of February, 20 08. KALISPELL{ BOWSER CREEK ASSOCIATES, LL1C, a Montana limited liability company �'Y - �V'PI, In a C aria corporation, its Manager Principal IITE TI L FIDELITY INSANE COMPANY y V RA. BASS Attor y-i .-Pact .Jt»i+...,...::rt'.i'»,.:: '::,."..... nx�w':?t:.+..,.,...:.ti�rf.,':..,:.rt'vt.,y:,�w:.:ri+:,.kr:r'nsw:,'.:.:F,.,nr.,n,.xti..:'.r,.. .•.. ..n •. r r.., . ...,. •. ++. r Mt. .. „++ .. .. F . >, . . . a .- t. ..x: .. ,. , _, 1'' . t. :t ,.. .s . 't. 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F, :\o- ^/.: F.'%.7„ Fyy. � 3ti.�r s+..,».,wtr • w � .x++'+ k++ \ . ... 1. .. ;.'x;.tC.t•.x +k. ..............,.t..,.+:t,. ..3....tww,.r`,"e'F.!;+v. .,^?/ :r... :'.9.F+ .:'3~'s". '." �'�?3..t .:?W ., .,3.;+w ,+t .F.c'}iT,'. ':`:tr,.. ...1:^ir:}."t: xl F.r :"F.^r}`,.., x ?: I'...!?:'r..r..: ,.F r F z';3....t.t.'.t.F.,. 3'.: ?t...,,. ,:r•7;'F,?'x ^.It,t..r......., .3..,,;". ,.3.;',.,F.F.t ..t F.: E:r State of California County of SAN FRANCISCO. On 02/22108 before me, VENETIA G JOHNSON, Notary Public, personally appeared R. A. BASS who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/ subscribed to the within instrument and acknowledged to me that he/shehhey executed the same in h is. authorized capacity(ies), and that by hiSthor—Ithoeta1 95 %WO a%5 1 %00 5 9 signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. 1 certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. POWER OF ATTORNEY INTERNATIQNAL FIDELITY INSiJRANCE COMPANY HOME OFFICE: ONE 1VEWARK CENTE12, 20TH FLOOR NBWARK, NEW JERSEY 07102-5207 KNOW ALL MEN BY THESE PRESENT'S: That INTERNATIONAL AL LITY INSURANCE COMPANY, a corporation organized and existing laws of the State of New Jersey, and having- its principal office in the City of Newark, New Jersey, does hereby Ons itute -and appoint N TIA G. JOHNSON, KATHERINE TIBERT, R.A. BASS, THERESE A.. MCNULTY San Francisco, CA.. ........................... ................. .........., ............. ...................,................z..........................................................._.... its true and lawful attorney s -ire-fact to execute, seal and deliver for and on its behalf as surety, are and all bonds and undertakings, contracts off' indemnity- and other writings obligatory in the nature thereof, which are or may be allowed, required or permitteo b law, stature, rule, regulation, contract or otherwise, acid the execution of such instruments in pursuance of these presents, shall be as binding upon the said INTERNATIONAL IONAL FIDELITY' `SURANC COMTANY, as fully and amply, to all intents acid purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at its principal office. This Power of Attorneyis executed, and may be revolted, pursuant to and by authority of Article 3-Section 3, of the By -Laws adopted b the Board of Directors of IT R ATI NAL FIDELITY YISURA TC COMPANY at a meeting called and held on the 7th clay of February, 19974. The President or any Vice President, Executive Vice President., Secretary or Assistant Secretary, shall have power and authority (1) To appoint Attorneys -in -fact, and to authorize thorn to execute on behalf of the Company, and attach the Seal of the Company thereto, bonds and undertakings, contracts of indeninity and other writings obligatory in the nature thereof and, 2 To remove, at any time, any such attorney -in -fact and revolve the authority given. Further, this Power of AttorneLy i signed and sealed b facsimile pursuant to resolution of the Board of Directors of said tympany adopted at a meeting duly called and held on the 29thof April, 1982 of which the following is a true excerpt: Now therefore the signatures of such officers and the seal of the Company may be affixed to any such power of attorney or any certificate relating thereto b facsimile, and any such power of attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached. Ty IN TESTIMONY WHEREOF, INTERNATIONAL FIDELITY INSURANCE C WA Y has caused this instrument to be signed and its corporate seal to be affixed by its authorized officer, this 2.9th day of August, A.D. 2003. SEAL MTE ATIONAL FIDELITY INSURANCE CO NY 1904 STATE OF NEW JERSEY Cb County of Essex * Secr tar n this 29th day of August 2003, before me carve the individual who executed the recediil instrument, to me personally known, and, being by me duly sworn, said the he is the therein described and authorized officer of the INTERNATIONAL LITY INSURANCE COMPANY; that the seal affixed to said instrument is the Corporate Seal of said Company; that the said Corporate Seal and his signature were duly affixed by order of the Board of Directors of said Company. � € IN TESTIMONY WHEREOF, I have hereunto set my hand affixed my Official Seal, • at the City of Newark, New ,Jersey the day and year first above written. NOTARY 0 5 PUBLIC r d E A NOTARY PUBLIC OF NEW JERSEY CERTIFICATION My Con nais ion Expires No r, 21, 2010 1, the undersigned officer of MTERNATIONAL. FIDELITY MSURAMEOW. AN do hereby certify that 1 have compared the. forego ing copy of t4e Power of Attorney and affidavit, and the cap} of the Section of the By -L.airs of said Company as set forth in said: Poorer of Attorney, with the ORIGINAL ON IN THE HOME OFFICE : OF SAID COMPANY, and than the same are correct transcripts thereof, -and .of the who.le efthe said origi.na s, .and that the said Power of Attorney has not been revolved and is now in fu11 force and effect IN TESTIMONY HERE F, f -have hereunto set my hand this 22nd day of February, 2008 ,Assistant.:Secretary Attachment to Subdivision Improvements Bond CERTIFICATE OF ACKNOWLEDGMENT STATE 4F CALIFORNIA § COUNTY OF SAN FRANCISCO § On February 26, 2008 before rye, Dona Gomez, Notary Public, personally appeared Robert Isackson, who proved to me on the basis of satisfactory evidence to be the person whose n rn is/acre subscribed to the within instrument and acknowledged to rye that he/she/they executed the sane in his/her/their authorized cpacityiesx and that by his/her/their signatures on the instrument the persons , or the entity upon behalf of which the persons acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hard and official seal. F fgna#ure of Notary DONA GOMEZ Comm. # 1788637 NOTARY PUBLIC-CALIFORNIA CI & COUNTY OF SAN FRAKISCO Y Comm. EXP. FEE. &, 2012' (For notary seal or stamp) RIDER To be attached to and Form a part of Bond in the amount of S 75,000-00 issued International Fidelity Insurance Company n behalf of Kalis wfl Bowser Creek Associates, .PLC in Favor of GLy Kalls elf Montana Whereas said Obligee has requested that this bond be INCREASED 102000.00 It is hereby understood and agreed that the bond penalty i ,INCREASED_ - from S 75 0 to S , -0 such INCREASE eicy effective ----- --- r Signed, scaled and dated this 1 ITH dav of APRIL 20 08 . By Principal International Fidelity Insurance Company State of California County of SAN FRANCiSCt7 Can 0411 1lO8 before me, VENETIA G JOHNSOW-Notary Public, personally appeared THERESE A. McNULTY who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) isles subscribed to the within instrument and acknowledged to me that he/she/they executed the same in 14s/herlthe4F authorized capacity(ies), and that by h+s/herffli6r signature(s) on the instrument the persons), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official sea[. (seal) Signature VENETIA G JOHNSON Son Francisco Cn KW Comm f Tel m-7s>ea4;zco POWER OF ATTORNEY INTERNATIONAL FIDELITY INSURANCE COMPANY HOME OFFICE: ONE NEWARK CENTEM. 20TH FLOOR NI -MARK., NEW JERSEY 07102-5207 OR BID iNDIIDR/CONv ` 1AFFIDITr KNOW ALL :MEN BY THESE PRESENTS: That INTEMNATIONAL FIDELITYINSURANCE COINWANY, a corporafion arganized and existing laws of the State of New Jersey, and having its principal office in the City of Newark, New Jersey, does hereby constitute and appoinT ENETIA G. JOHNSON, KAT- E E rl"IBERI, R.A. BASS, THERESE A. MCNUUFY San Francisco, CA. its true and lawful att s - in -fact to tit , seal an deliver for and on i behalf as s Ta , n and all bond and de:r a ings, can a t of indem ity are oilier writings obligatory in die nature thereof, which are or may be allowed, require: grI)ennitted lair, s ature, rule, ray trlatiG ' eontract or o €erwis , and this execution, of suer in tr ent i€� pu :uan e of then presents, shall be i ng upon, tie Kid �� ERN1 ATi c11DEL1TY INSURANCE C O.MPAI ' , as fully and amu)[ , to all intern.ms and purposes. as if the care had been duly executed and acknowledged by iLs regularly elected. officers at its Principal office_ This Power of Atto ie , is executed, and may be revoked, pursuanc to and by authority of Article 3-Section 3, of,fie 1 vxf-. ws adopted by the Board of Directors of INTERNATIONAI, FIDELITY INSURANCE COMPANY at a niecting called and lield tint the 7 i day of F bmary, 1974. The President or any Vice President, L eeudve Nlice President,, Secretary or Assistant Secretary, shall have 1. iwer and auih riry 13 `f"o appoint ttonieys-i - aci, and to authorize thern to e ec uie on behalf of the Company, and a aclr tltc Seal of the Company therew, bonds and undertakings, contracts of indeninity and other writings obligatory in the nature thereof and, (2-) To remove, at auy time, any such atto e -inn-fact and revoke the authority given. Furdier, this Power of Attornoy is signed and scaled by facsirnile pursuant to resolution of the Board of Directors of said Company adopted ail a meting duly called and held kin the 'n th may of April, 1982 of which the following is a tn2c excegil: Now therefore the signatur s of such officers and the seal f� the Company may lie affixed d t any such power of ationicy r any certific ate r l rin thereto by facsin1i1 , and azry such Power �f a(t rn y�or c:e.rlificate bear+tu uCft fa CS irriite sr Fla tures or fac:�il'nile se:t 5 all be valid t.nd binding upon the Company aria any such po er sty eyecute and certified by facsimile signatures and facsinrile seal shall f vzifid and binding upon, tlic Cort pguy in the future wish respect to arty band or undertaking to %vhich it is attache . ITY IN TESTIMONY WHERL,01', INTERNATIONAL FIDf# IXfY INSURANCE COMPANY has cans it this i strun en'li to be signed and iLs corporate weal to be affixed by its autharized officer, this 29th day of August, A.D. , INTERNATIONAL T*! Ef 4Y 1 y .0 AlLu E .}MY SEAL �' rtTy f` 1-NHIV Jr-.RSF1Y 4 sse secrelary Can t is 29di day of Au us4 2003, belbre me c n)% the individual who execute the recedinFIDELITY ; 11xstrumentT ) in pemonall { known, arid, beingby ie duly sworn, said the ire is the therein de -scribed ed and authorized officer of die Ii EWN-IT A C AL +II I ` INSURANCE COMPANY; ANY; tat Elie se -al affixed to said imsuument is the Corporate Seal of said Company, }liar the said Cor-por .te Seal and his signature were duly affixed by ar€fcr of tb; Boar ofDirector-,, of aid campa,uy. . UA1 "1"STTN1 NY HER1 €;,C i 1 have hereunto set y hard. affixed my C ffic.ial Seal, t the City f Newark. ew Jersey the ay an gear first above wr itt rl. 0 CEIZ111FICATION idly Commission lr t)ires Nov, 21, 2010 1, the un e. igiied of;ieer of INTL, RN.NTIC. NA .: FIDELITY INSURAINCE C ONEP20UNY do hereby certify ,fiat l have con-t tired the fore in py of tiv w' v r of ttorne } anal afri a it, and the co-oy ofthe.Section of the By -La s ofsai Company as set forth it saiJ llof, v r of Auor'ney, with the ORIGI AU 0 f IN' 'r11E HOMB OFFICE OF SAID C OMPA Y, and that die same are correct iranscripts fliereof, and of the wholt. of die said originals., and that. tlro said lower f Attorney has not been revoked -arid is now. ED full force and effe 's IN EST11MON WHEREOF'. 1 have hercuato set my hand this 11th day of April, 2008 z .sistant Secretary City of Kalispell Panning &Building Department "Ave East, Kalispell, Montana 59901 Planning Telcplione: 758-7940 .wilding Telcpheiie: 0 75 -7730 Fax: 75 -7739 We sltc: ww. llspcll.com April 1, 2008 James H. Patrick, City Manager City of Kalispell 201 — 1st Avenue Bast Kalispell, 1T 59901 Re: Final Plat for Aspen Creep Phase 2 Bear Jim; This is a. request for final plat approval of Aspen. Creek Subdivision Phase 2, consisting of 30 single family residential lots and 1.0 townhouse lots on approximately 11.5 acres. The propel is generally located on the south side of Three Mile Dave approximately 700 feet west of the intersection of Stillwater Road and Three Mile Drive. The property proposed for development can he described as a portion of Tract , Certificate of Survey 15888 located in Section 11, Township 28 Forth, Range 22 West, '.�.111I., `lathead. County, Montana. The property was annexed into the city of Kalispell on May 2, 2005 and given are initial zoning designation of R-2 (single Family Residential) with a Planned Unit Development Overlay. The Asper. Creep Subdivision formerly known as Bowser Creek Estates) was giver preliminary plat approval by the Kalispell City Council on July 6, 2004, subject to 29 conditions. As a requirement of the preliminary plat, at least two-thirds of the required improvements have been installed according to the subdivision improvement agreement (SIA) with certification. from William Boger, P.E. The SIA included with the final plat application will cover two private access roads serving the townhouse lots, a vegetative screen for the south boundary of the subdivision, mailboxes and completion of are all Breather access connection for Triple Creek Drive, between Aspen Creek phase 2 and Spring Creep Estates. The cost to complete these items is $68,000. The performance fiords submitted with the final plat application, address the 12 % of the estimated cost of remaining improvements. The estimated completion date for the remaining items listed in, the SIA is November 15, 2008 or sooner. Final. Plat for Aspen. Creek, Phase 2 April 16, 2008 Page 2 The preliminary plat was approved with conditions as outlined below. a discussion of compliance with each of these conditions as well compliance with the city subdivision regulations and zoning ordinance. MPUNCE WITH CONDITIONS OF APPROVAL: Condition No. 1. compliance with specifications as approved by the Final Plat) That the development of the application submitted, the site well as any additional conditions city council. (Kalispell Subdivision The following is as findings of site shall be in substantial plan, materials and other associated with the PUD a Regulations, Appendix c - This condition has been met. The subdivision has been platted, in substantial compliance with the approved preliminary plat and PU . some minor modifications have been made to the lot lines on the north side of Theodore Street. The lot limes were modified to beep em'sting trees and shrubs lon the creep within the homeowner's park. Condition No.2. That covenants, conditions, and restrictions for the subdivision shall be amended to reflect the components of this subdivision and submitted for review and approval by the Kalispell Site Development Review Committee that includes architectural standards for Both the residential and commercial components of the project, a provision for the conservation and maintenance of common areas and the private internal roadways that are proposed for the townhouses. setbacks for the torn.hou.ses accessed via an interior street shall be measured from the edge of the roadway and shall be 20 feet in the front and rear and five feet on the sides with the exception of the zero lot line required to achieve the townhouse configuration. The covenants conditions and restrictions shall also create a provision for architectural review prior to the application and issuance of a building permit from the City of Kalispell. (Site Development Review Committee This condition has been met per the attached Declaration of Covenants, Conditions and restrictions for .Aspen Creek Estates. This condition shall be administered at the time of application for individual building permits. Condition No. 3. The commercial component of the subdivision shall not b developed until a. minimum of 50 percent of the subdivision has been occupied p y the residents. Additionally, the architecture shall be of a. generally residential character with particular attention given to internal access, lour level lighting, 3 adequate landscaping, unobtrusive signage and limited hours of evening operation.. The commercial component may contain one or more parcels but may not exceed one acre in size. (site Development Review Committee) Final Flat for Aspen Creek, Phase April 1, 2008 Page This condition has been met. The commercial lots will not be developed at this time because a minimum um of 50 percent of the subdivision is not occupied. Condition No. 4, That the development of lots in the PUD shall be subject to architectural review as outlined in the application and supporting materials and a letter be submitted to the Kalispell Site Development Review Committee from the Architectural Review Committee of the homeowners rn.ers association prior to the issuance of a building permit. (site Development Review Committee) • This condition shall be administered at the time of application for individual building permits. Condition No. s. That permits be obtained from the Flathead Conservation District, Montana Department of Natural Resources and the Montana Department of Environmental Quality for work done along the Spring Creek Channel or a letter from those agencies stating that the scope of work does not require permitting. (FCCD DNRC) A natural streambed permit, L--101-00/Bowser spr.*n.g Creep/Kalispell Bowser Creek Assoc., was issued by the Flathead Conservation District on January 17, 2006. The work along Spring ing Creep has been completed and inspected by the Flathead Conservation. District. Condition No. 6. That the plans and specifications for all public infrastructure be designed and stalled in accordance with the Kalispell Design. and Construction Standards and the Kalispell Subdivision Regulations. A letter shall be obtained stating that they have been reviewed and approved by the Kalispell Public Works Department. (Kalispell subdivision Regulations, Chapter 3, Design Standards, Section 3.01). • This condition has been. met. A. letter from Frank Castles, ,Assistant City Engineer, dated June 19, 2006 approved the construction plans. Condition . 7. That an easement shall be obtained from the adjoining property owner to the east granting the right to develop the proposed 60 foot right- of-way for road and utility purposes and once completed dedicated to the City of Kalispell as a public roadway. (Kalispell Subdivision Regulations, Section 3,08 (A)) - • This condition has been. met with the filing of final plat for phase 1. Condition No. S. That a minimum 20-foot buffer strip shall be established between. Three Mile Drive and the subdivision that would include a bike and pedestrian trail and buffering in the form of benin.g or landscaping or both. Final Flat for Aspen Creek, Phase 2 April 16, 2008 Page These improvements are to be coordinated with the Kalispell ell Public Works Department, ent, Parks and Recreation Department, ent, Flathead County Road Department ent and Montana Department of Transportation. MDOT shall determine other impacts on 'Three Mile Drive resulting from this development and the property owner shall comply with all requirements of the Department to mitigate such impacts. • This condition has been met with the filing of final plat for phase 1. Condition No. 9. The following requirements shall be reset per the Kalispell Fire Department: t: Kalispell Subdivision Regulations, Section 3.20). . Water mains designed to provide minimum fire flows shall be installed per City specifications at approved locations. Minimum fire flogs shall be in accordance with Uniform Fire Code 1 ) Appendix III -A. b. Fire hydrants shall be provided per City specifications at locations approved by this department, prior to combustible construction. c, Fire Department access shall be provided in accordance with Uniform Fire Code 1 Article 9. d . Secondary emergency vehicle access shall be provided at phase IV meet the requirements of the subdivision Regulations (section 3.08) and emergency vehicle access reeds. e. Due to project phasing it should be noted that hazardous creed abatement will be required in accordance with City of Kalispell rd. ance 10- . This condition has been met based on a letter from. the Fire Department dated April. 15, 2008 and submittal of the subdivision improvement agreement. The secondary emergency vehicle access has been included in the SIA to complete an all weather driving surface between this subdivision and spring Creek Estates located to the west. As noted in the Fire Department's April 15th letter, Theodore Street is currently r improperly signed. The subdivision improvement agreement includes the cost of a new sign and installation. The developer was made aware that until the secondary access has been improved and new signs installed along 'Theodore street no building permits will be issued within this subdivision. Condition No. 10. That a. letter be obtained from the Kalispell Parks and Recreation Director approving a. landscape plan for the placement of trees and landscaping materials within the five foot landscape boulevard developed between the curb and the sidewalk. (Kalispell Subdivision Regulations, Section 3.11) . This condition has been met. The Parks and Recreation Director approved a landscaping plan for the street boulevards in a letter dated dune 20, 2006. subsequent memo from Chad. Fincher, Parks Supen*ntendent, states that the Final Plat for Aspen Creek, Phase Aprill6,2008 Wage developer has installed the street trees and seeded the boulevards in accordance with the approved plan. Condition No. 11. That the area designated on the plat as "Park" shall meet the requirements for parkland dedication and shall be developed in accordance with a plan approved by the Kalispell Parks and Recreation. Director that provides recreational amenities including but not limited to pedestrian access, irrigation, landscaping and play equipment so as to provide a recreational component within the development and not simply left as passive open space. Kalispell subdivision Regulations, Section. 3.19). • This condition has been met with the filing final flat for phase 1. Condition No. 12. That a provision be made for right-of-ways within the development that will allow for the extension of the proposed roadway so that they will provide future access to adjoining properties to the east. (Kalispell Subdivision Regulations, Section.. . o4). This condition has been met with the filing of final plat for phase 1. Condition No. 13. That a detailed floodplain study be completed and accepted by FEMA determining the base flood elevation for the floodplain area within the subdivision. No lots that are within 100 feet of the 100 year floodplain as currently indicated on the FIRM panels shall be platted prior to the completion and acceptance of the study area. This condition has been met. A letter from FEMA dated. November 24, 2004 approved the detailed floodplain study which reduced the size of the 1 -year floodplain on the property. With the completion of the detailed floodplain study the second part of condition 13 is no longer applicable. Condition No. 14. That a floodplain development permit be obtained from the City of Kalispell after the FMA study has been completed and accepted for the proposed creek crossing. This condition has been met. The City of Kalispell issued a floodplain development permit permit 0 -0 ) on January 9, 2006 for the creek crossing - Condition No. 15. Structures be setback a minimum of 20 feet from the established vegetation line of the creek if these areas are determined to be outside the 100 year floodplain. Final Flat for Aspen Creek, Phase April 16, 2008 Page • This con.d.ition has been met. The bounder limes of the lots have been modified to be outside of the established vegetation lire and the 20 foot setback will be enforced at the time individual building permits are applied for. Condition No. 16. That Lots 1 A and B. 1 A and B, 1 A and B be reconfigured to accommodate single family dwellings. This condition has been met. The final plat shows these lots as single family lots, lots -47, instead of townhouse lots as required by this condition. Co di lion No. 17. That a letter be obtained from the Montana Department of Transportation and Flathead County Road. Department stating that the proposed accesses onto Three Mile Drive Farm to MarketRoad) have been reviewed and approved and any associated and necessary improvements have been satisfactorily completed. MDT The Montana Department of Transportation issued approach permit # S -1 1 onto Three Mile Drive for access into the subdivision on. September 10, 2004. The approaches have been installed in accordance with the approach permits and the necessary improvcments at the new road intersections have been completed. Condition No. 18. That a 60 foot right-of-way reservation be noted on the final place in the area of lots 24, 25 or 26 Phase 2 to provide ingress and egress to the adjoining parcel to the merest and to avoid the potential for an additional future access onto Three Mile Drive. e The 0-foot right -ref -war reservation . is shown on the final plat for phase 1. Condition No. 19. The roads within the subdivision skult be named and, signed in accordance with the policies of the Kalispell Pubhe Worts Department and the Uniform Traffic Control Devices Manual and be subject to review and approval ofthe Kalispell Fire Department. (Kalispell Subdivision regulations, Section .o. 0 All roads within the subdivision have been named. Condition io o. 20. The developer shall provide a letter from the U.S, Postal Service approving the plan for nail service. (Kalispell Subdivision Regulations, Section. 3.22). A letter from the U.S. S. Postal Service dated .April s, 2008 approves of the proposed mail location for the subdivision. The cost of the reued central box units has been included in, the SIA for the subdivision. Final Plat for Aspen creek, Phase 2 APr11 1, 2008 Page Condition No. 21. street lighting shall be located within the subdivision and shall be shielded so that it does not intrude unnecessarily onto adjoining properties. (Kalispell Subdivision. Regulations tion Section 3.09(L)). • street lights have been installed by Flathead Electric Coop. The installed street lights meet city standards for shielding and prohibit light from intruding unnecessarily onto adjoi�.ng properties. Condition o. 22. All utilities shall be installed. underground, (Kalispell Subdivision Regulations, Section . l ) . • This condition has been reset. All utilities will be installed underground per the approved plans. Condition o. 23. A landscape buffer consisting of a coniferous vegetative screen that height of six feet within three years of planting be established on the southern boundary of the development. (lots - 73, Kalispell Planning Board) • This condition has been met. The SlA will cover the installation of 62 coniferous trees along the southern boundary of the project. Condition No. 24. Setbacks for the townhouses Will be established at five feet between the property bounder and the eave of the building while the setbacks for the single family homes will be established at ten feet between the property boundary and the cave of the building. (Kalispell Planning Board) This condition has been met. The setbacks are reflected in the Covenants, Conditions and Restrictions for Aspen Creek Estates. Condition No, 25. That a minimum of two-thirds f the necessary infrastructure for this subdivision shall be completed prior to final flat submittal. The response to the conditions letter accompanying the final plat application states that a minimum of % of the improvements have been completed. This is also documented in the attached SIA and certified by William Boger, P.E. Condition No. 26. All areas disturbed during development of the subdivision shall be re -vegetated with a weed -freer ix immediately after development. 0 This condition has been met. The developer has placed seeding to stabilize the soil after earth moving was completed. future home construction will also need to comply with this condition.. Final Plat for Aspen creek, Phase 2 April 1, 2008 Page Condition No. 27. That a development agreement be drafted by the Kalispell City Attorney between the City of Kalispell. and the developer er outlm' ing and formalizing ing the terms, conditions and provisions of approval. The final plan as approved, together with the conditions and restrictions imposed, shall constitute the Planned l Mt Development PU onffig for the site. • This condition has been met per the attached PUD Agreement dated the 6th of July, 2006. Condition No. 28. That preliminary plat approval for the first phase of the planned unit development shall be valid for a. period of three years from the late of approval with an automatic tiro -year extension as each phase of the subdivision plat has been completed and file.. (Kalispell Subdivision regulations, Section 2.04). • This condition has been met. The preliminary plat will expire in August of 2008. The final plat application is filed well within this time frame. Condition No. 29. The landowner shall execute and submit to the City of Kalispell a. waiver of right to protest the implementation of an SID for roadway improvements that benefit the property. This waiver shall be disclosed upon the face of the prelim ary plat and shall run Frith the land. • This condition has been met. The waiver of protest appears on the face of the final plat. COMIPLLkNCE WITHTHE SUBDMSI N REGULATIONS. This subdivision plat has been found to be in compliance with the State and City Subdivision Regulations. COMPLLkNCE WITH THE ZONIWG REGULATIONS This subdivision complies with the Kalispell Zoning ordinance and the provisions of the attached PUD Agreement which constitutes the zoning for the property. RECoNBWN A `Io : All of the conditions s of preliminary plat approval have been adequately addressed. The staff recommends that the Kalispell City Council approve the final plat for this subdivision. Please note that the Subdivision Improvements Agreement should be accepted along with the final plat approval. Please schedule this matter for the April 2 l , 2008 regular city council meeting if possible. You may call me at 758-7940 if I can be of assistance to you regarding this ratter. Final Plat for Aspen Creek, Phase 2 April 16, 200 'age Sincerely, f Sean Gera[ Senior Planner Attachments: Vicinity map 8v 11 x 17 plat opaque mylar of final plat i reproducible mylar of final plat 1 blueline of final plat Final plat application dated 12/24/07 Letters from TDBvH dated 3 / 12 / 08 Letters from Kalispell Public Works dated 6 / 19 / 06 Letter from MDEQ dated 4/ 11/05 Letter from MDEQ dated 4/20/05 Letter froann. Fire Dept dated 4 / 15 / 08 Letters from Parks and Rec dated 6 / 20 / 05 and 3 / 20 / 08 Letter from LISPS dated 4/8/08 Subdivision Improvements Agreement Engineer's certification Exhibit C Performance Bonds from International Fidelity Insurance Company bond # 0456981 dated 2/22/08 Title report # 7403078-1157 dated 3/ 11/OS Consent to Plat letter from Webs Fargo Bank dated 1 / 31 / 08 Treasurer's certification dated 12 / 31 / 07 Declaration of Covenants, Conditions, Restrictions for Aspen Creek Estates Planned Unit Development Agreement for Aspen Creek Estates dated 8/30/05 FEMA letter of map revision dated 11 / 24 /OAF Montana Department of Transportation Approach Permits dated 9/10/04 Kalispell Floodplain Development Permit #05-07 dated 1/9/06 Flathead Conservation District 310 Permit dated 1/ 17/06 c: Theresa White, Kalispell City clerk William D. Boger, l . . , PO Box 11195, Kalispell, MT 59901 Kalispell Bowser Creek Assoc., LLC, 121 Spear Street, Suite 250, San Francisco, CA 94105 Thomas, Dean & Hoskins, Inc. TD HF: . Engineering Consultants March 1. , 200 Tom Jent City of Kalispell Planning and Building Department 201 I" Ave. East Kalispell, MT 59901 RE: Aspen Creels Subdivision, Phase Dear Tom: Attached is the submittal for the final plat of Aspen Creep Subdivision, Phase 2, with the following supplemental items: ♦ Two (2) Mylar Original Plat Sheets (2 Sheets each) Four 4 blue] ine copies of the Final flat Sleets, unsigned One I half -sized copy of the Final flat Sleets Signed application form and fee 5, 50.00 Original Flatting Certificate Tax Certification Consent to Plat from Wells Fargo Bank Subdivision Imparovement Agreement, including certificate of completion stamped and signed by a professional engineer Performance and Labor/Material Bonds DEQ Certification Letter from .Fire Department dated November 29, 2007 Letter from City Parks and Recreation Department slated June 20, 200 Letter from ' . .P. .elated June 2, 2006 approving mailbox pullout Letter from the City ofI Kalispell Public Worts Department elated Jane 19, 2006, a.pprovix g construction plans ,1:1 0051I 05, 741I 05w074-005 Bowser Creek -Phase 2 Final PlaMord\03.12.08 final plat. plaim ig.Itr.doe 1 Three File Drive, Suite 101 a Kalispell, MT 59901e 6 751-5246 a FAX (06)752-5230 Copy of Letter from the Montana Department of Environmental Quality approving construction plans Copy of Letter of Map .Revision LOM from F MA for revised floodpla.in Floodplain Development ent 'err it from the City of Kalispell 310 Permitfroin Flathead County Conservation District ♦ Two (2) Approach Permits from Montana Department of Transportation Record Copy of Declaration of Conditions, Covenants and Restrictions Record Copy of PD The following were conditions of final plat with which the project complies- 1. The Subdivision is in substantial compliance with the preliminary plat conditions (Dated .duly 6, 004 2. A record copy of the Covenants, Conditions and Restrictions is attached. . The Commercial parcels will not be developed at this time. This component of the project will be Feld until fifty percent of the subdivision is occupied. Architecture of the structures will comply with the residential character of the subdivision. 4. It is understood that prior to issuance of a building permit, a letter will be provided from the Architectural Review Committee component of theHomeowners" Association to the City of Kalispell Site Development Review Committee. . A permit was obtained from the City of Kalispell for work within the floodplain. Additional permits 1 o and Storm water Pollution Prevention Permit SWPPP have been obtained froin the Flathead County Conservation District and the Fontana Department of Environmental Quality for work performed in conjunction with the Spring Creel, crossing. . The plans and specifications for all public infrastructures have been designed and installed in accordance with the City of Kalispell Design and Construction Standards. An approval letter from the City of Kalispell Public work Department and an engineer's certification are attached. . The easement for the thirty 0 feet of right of way necessaryfor the road development from the east property owner was recorded in Certificate of Survey .o.S. No. 163 4 L JA2 05\K �-07 1KO 5 -074-005 Bowser Creek -Phase 2 Final PlaM rdl .12..08 final pi at.plannMo. ltr,do . The twenty foot buffer strip is established on the face of the Phase l plat. Improvements to the buffer have been coordinated with the City of Kalispell Parks and Recreation Department (see attached letter from the City of Kalispell Parks and Recreation Department). . Approach permits for the entry roads have been obtained from the Montana Department of Transportation approving improvements to the entry roads and access to Three Mile Drive. Copies are attached. 9. A letter from the City of Kalispell Fire Department has been attached approving water inazns �� hydrants ai d access. 10. The landscaping plan, including the places ent of trees within a five-foot landscape boulevard have been reviewed and approved by the City ofi Kalispell Parks and Recreation Department. Approval letter- is attached. Landscaping has been completed. 11. Amenities and improvements to the "park" have been accomplished. See attached letter fiiom the City of Kalispell Parks and Recreation Department. 12. Access to the property to the East was provided in Please 1 of the development. 13. The F loot plain Sturdy has been completed and a Letter of Map revision; L is on file with the City of Kalispell. 14. A perinit was obtained from the City of Kalispell for work within the floodplain and is oil - ile with the City of Kalispell. 15. The property 1 ines are outside the vegetation lire of the creek with a twenty foot rear setback requirement. Therefore, structures will be set at least twenty o feet from the vegetation lime. 1.6. The lots noted have been reconfigured as single family lots -4 . 17. Approach pormIts for the entry roads have been obtained from the Montana Department f Transportation approving improvements to the entry roads and access to Three Mile Drive. 18. A sixty 6 foot right-of-way was reserved south of the Nest commercial property ill Phase I. 1.9. Al l roads within the subdivision have been named and signed. Theodore Street was incorrectly signed as A nnalies Street. Correct signs will be installed prior to filing of the Final flat. 0. U-S-P. S. has approved a common rail delivery site for the subdivision. Site has been constructed. Letter is attached. J:1 005\K05-0 4\ O-074-00 5 B ows r Cre k-111hase 2 Final PIatl or&0 . 12.08 f n l lat.planning.ltr,doe l.. Street I ighting has been installed per the applicable Cif standards. . All utilities have been installed underground, per approved plans and specifications. . The landscape buffer for the southern lots is covered in the attached S.I.A. 4. S etbacks have been e stab IIshed for the town hor e sites at five feet from property Ii11e to future building cave and at ten 1 o feet for the sinorle family residence lots. zn . At a minimum, % of the improvements have been constructed. The attached Special Improvenient Agreement and attached lever of credit will be followed in completing the construction of the remainder. . Per the Subdivision Improvement Agreement and in accordance with the approved plans and specifications, areas disturbed during construction will be re-e etat d per the City standards. 27. A. record copy of the planned Unit Developinent is attached. 28. For the second please the preliminary plat approval is understood to he valid for five years -f-rom the slate approved, July 6, 2004. 29. 'rh e waiver of protest to the implementation of an SID for beneficial roadway improvements has been included on the face of the plat. Thank you for your assistance in the progress of this project. 'lease contact us if yoti have any questions. Sincerely, THOMAS, DEAN & HOSKINS, INC. Richard J. Swan. PL 1 JS cri-nr J:\2005\K05-074\K05-074-005 Bowser Creel -Phase 2 Final Plat\Word\03.12.08 final plat. planninur. Ur. doe �w0 C 6 ity of Kali*spell Publi'c Works Department Past Office Boa 1997, Kalispell, Montmta 5990i-I99'7 - Telephone (4E36)758-7720, Fax (4O6)7�5-3831 June 1 9, 2006 Wiffiam 1 . Boger, P.E. Thomas, lean & Hoskins, ins, nc. 9 - North Meridian, Suite 101 Kalispell, Montana 59901 E: Bowser Creed. Estates Phase III & I Kalispell, Montana Dear Bill: f JUN 27 2006 si t rs�rdi4rrmrt�+►rY� The construction plans and supporting documents for the referenced project are hereby approved. Approval does not relieve the engineer nor the contractor Attached is your copy of the letter of approval seat to the Flathead City -County Health Department and the Montana Department ent of Environmental Quality. We look forward to working with you on this project. Approval does not relieve you from compliance with the standards currently in effect for the previously approved phases. Sing r y, Frank Castles, P.E. Assistant City Engineer Attachment: As Stated Nror Montana Department of NVIRONMENTAL QUALITY )36anSchrveitzer, Govern or P.D. Rox _200901 Helen , WE 5 0- 901 406) 444-2544 www-iJeq. t. o April I I, 25 "r.as, Dears & HoskbsInc; William D Boger PE 9 0 North Seri di an Suite 10 1 Kalispell MT 59901 D e ar Mr 13 o r: RE: Bowser Creek Estates Municipal Facilities ExGlusion EQ#05-2520 City of Kalispell - Flathead County 'his i s tc) ceTtify that the informatio and fees rec eived by the D epai�ment o f Sri on e-at al Qu aiityr latin g to this subdivision are in copliance with 76-4-127., MCA and ARM 17.36-602. Under 76-4-124, MCA, this subdivision is not subject to x-evio , and the plat oars be filed with the county clerk and ,reoor . r- Plans and sp e i Fi cati ons must b o s b to . when extensions o fm i ipal facilitie for the suppler o f water or disposal of sewage aze proposed -4-11 I , MCA) . Constractic)n of vvt r Dr sewer extensioiipn-or to D EQ, Pub 1i c Water Supply -Soeti n"s approval is prohibited, and is subject to penalty as prescribed in Tid Q 75, Chaptr 6 and Title 76, Chapter -, S i t ely,, aft,et SkaaArlanda4o'k"" Co pliaRoe Technioiazi Subdivision Section Water Provnction Bureaux (406) - -1 1 —email iskaar1and@state.,.mt,us cc": City Eliip CnT,JT7fVR nnit rinn file EhMrcemant Division * Fermftri)ag & Compliance Div!540r] R I�Iaulkhi , prCVendo T-ixifincz Di eblon t Rcmcdiafliou D[Ailon TGTRL P . 0 Montana Department of NVIRONMENTAL QUALITY Judy Martz, Governor 109 Cooperative Warr - Suite 10 - Kalispell, MT 9901- 389 * 4 755-8985 # FAX (406)755-8977 William D. Boger, P.E. April 20, 2005 T& 90 North Meridian, Suite 101 Kalispell, MT 59901 RE: Bowser Creek Estates W&S Extensions and Lift Station & Force lain; EQ#05-2520 Dear Mr. Boger: Plans and specifications for the above -referenced project have been reviewed by personnel witb the Permitting & Compliance Division utilizing the certified checklist procedure and 1 - . The plans and specifications are hereby approved. Complying with the City of Kalispell's co=ents for changes to the water, sewer, lift station and force main is within this approval. One set of plans and specifications bearing the approval stamp of the Department of Environmental Quality i§ enclosed. Approval is based on plans and specifications received March 14, 2005 under the seal of: W311iain Approval is also given with the understanding that any deviation from the approved plans are 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 pent. Tease contact the Water Protection Bureau at o - - o o for more information. i s cer gy '- r nVironmental Engineer ublic Ovate supply Section Public Water Supply and Subdivisions Bureau cc* City ofKalispell, PUT Flathead County Sanitarian File Centralized Services Division - Enforcement Division - Permitting & Compliance Division • Planning, Prevention & ,Assistance Division 0 Reniedia#ion Division KALISPELL FIRE DEPARTMENT L312 First Avenue East Randy rodehl �- Fire Chief :� h PO 1 o 1 7 1 Dan Diehl ^ Assistant Chid/Operations Kalispell, Montana 59901 DC Haas --- AssistantChief/Prevention 40 7 877 60 'rim Soule — Training Chief ww, alisp ll. o April 15, 2008 TD ATTI : Rick Swan 31 Three Mile Drive, suite 101 Kalispell, MT 59901 Re: Aspen Creek, Phase 11 Dear Mr. saran, In response to your request for approval of the above -referenced project, our department approves final plat for Aspen creek, Phase 11, With the follo ring information and conditions. L • Fire hydrant locations are approved by this department. • The secondary access road connecting Aspen creek and spring Creek along Triple Creek Drive must be completed, addressing the following items: o An improved all-weather surface capable of handling th.6 load imposed by fire apparatus. o Minimum width will be 14 feet. o Manholes and other potential obstructions shall be marked (suggest 3-4 foot stakes painted a high visibility color) Approaches and transitions to existing pavement ent will be smoothed and tapered. o Signaa indicating "Emergency Vehicle AccessOnly" shall be posted on both ends of the road. o suggest a plastic chain be placed across both ends of the road. Li Correct street sign for Theodore mist be installed. i It is understood no combustible construction will commence prig to secondary access road completion and installation of correGt street name signage. Please contact me if you have any questions. Sinc r lyT F . Ray lufl~tto Deputy Fire Marshal c: Torte .entt Kalispell Planning Office Jeff Clawson, Acting Building Official Bill Boger, Tri-Core Engineering "Assisting our community in reducing, preventing, and mitigating emergencies. " of Ka A .a 'arks and Recreation June o, 2` W lliar r . Boger, P.E. Thomas, Dean & Hoskins, Inc. 31 Three Mile Drive, suite 101 Kalispell, IVIT 59901 35 1 t Ave East — P o Bost 1 � Kalispell MT 03- Phone. 0 7 - 7Fax: o 758-7719 Email: parknrec@kalispell.com e: Aspen creek subdivision Landscape Plan Dear Mr. Boger: This letter is to serve as approval on the revised landscaping plans submitted for Aspen Creek subdivision, per our meeting on June 15, 2006. s noted-- on, the. , -plans the developer will be responsible for the landscaping improvements as specified including planting of 'lag boulevard vard trees, seeding ardor sodding of boulevards and installation of an asphalt path in the 20' landscape buffer. Tree plantings are required to meet the street Free ordinance standards of 2 Y4-" caliper and,., of - n approved species from the Kalispell Parrs department planting list. Boulevards are to be seeded or sodded to meet city standards. It is agreed that if the project is extended the developer will be responsible for bonding for landscaping improvements as specified on the submitted plan for the building(s) at Aspen creek subdivision. Final approval will be given upon completion, inspection and approval of the landscaping. and tree plantings, at which time bonding and/or letter of credit would be released if it is in place. It should be noted that the trees and landscaping are under a warranty period and should they die within this time frame, the developer will be responsible for replacement. It has been enjoyable working with you, if you have any concerns or questions please give me a call. Sincerely Michael -Baker, Director..: _ Kalispell Parks and Recreation cc: Tom Jentz, Kalispell Planning f Kali& gg .��Y.4iYr l ti x�fM(ilaff�' .darks and Recreation TO: S e a Conrad, P1 35 1 6t Ave East — P 0 Box 1 ---- Kalispell MT59903-1997 Phone: o 3-7\ Fax. 0 3 71 i Email: cfincher@kalispelf.com FROM: Chad Fie, Parks Superintendent CC: dike Baker, Parks and Recreation Director SUBJECT: Aspen Creek Phase 11 DATE: March 20, 2008 As per our phone conversation on March h 18, 2008,1 did an onsite visit of Phase 11 in Aspen Creek to inspect tree plantings and boulevard seeding. The tree plantings and boulevard seeding was completed by the developer and not done as a Developers Agreement with the Parks Department. The trees are adequately spaced and meet our minimum caliper. Trees also have a mesh wire wrapped around the trees to prevent deer from rubbing on the trees, a great preventive measure. We did rote that there are a few trees that where planted a little deep, (Root flair is buried), and will be monitored through out the season. It should be noted that all trees will be under warranty for a period of two years. The boulevard seeding is minimal. The developer however may need to work with Susie i Public Works to reseed for better erosion control if warranted. If you have any other questions regarding this, please feel free to contact rye. UNITEDST13TES-- 350 N MERIDIAN FAD KA .ISPE L, MT 9901-999 Kalispell Planning Board Final Plat Approval 2,d Phase To Whom It May concern: Delivery for Aspen Creep subdivision has been approved for cluster Box Unit(CBU) delivery in a turnout format. The developer will provide the necessary boxes to account for his new addresses, The boxes will then be installed at the current location where Marl is being delivered. Purchase of C J's will be arranged one month prior to the first occupancy and arrangements rude for delivery to the Main Post Office on Meridian Ind. The Post Office will install and then be responsible for the lock changes and maintenance of the equipment. Upon approval of the final plat through Kalispell Planning, a copy no larger thn 11 X1 showing addresses, will be provided to the Post Office. Please sign and date the enclosed Mode of Delivery Fact Sheet/Site Plan Agreement and include this with the copy of the final plat you provide to the Post office. If you have any questions regarding this matter, you may contact nee, or the Delivery Supervisor at 755-6450. Sincerely, Chad Taylor Growth Management ment City of Kalispell Planning Department 17-2 nd Street ,fast, Suite 211, Kalispell, Montaiia r 9901 `telephone; 406 751-1850 Fax* (06) 751-1858 FINAL PLAT APPLICATION N Project Stybdi i io Nagle; Aspen Creek Subdivision - Phase 2 COntact Person: Name; Richard J. Swan, P.L.S. - T, D & H Add re s: 1 Three Mile Dri-re Ste. ##101 I aii pelf, MT 59 o1 Phone No.: W)) 751-5 4 Owner & wiling Address: Kalispell EOer Creek Ao.,LLC 11 Spear St. Ste.#.50 San Francisco, CA 94105 Date of Preliminary Plat rovaLl July 6, 2004 - eolution #0 TYPe, of Subdivision: Residential industrial Com ereial -_ PULE -�-�- tier Total Number of Lots 1 in Subdivision 4 a Land in Project (acres) 11-540 Parkland (acres) 1-858 Cash -in -Lieu /A emPt No. of Dots by `fie: Ex Single Family o Townhouse�.o Mobile Home Park Duplex Apartment t ooreationaJ Vehicle Park Commercial Industrial P�ar�r�e T.�t Development � o o�.oir�ir�n Multi -Family Other Legal Description of the Property Portion of 'bra sec . 11, T28NI FILING G FEE ATTACHED $ 51 850 Minor Subdivision with approved r Major Subdiisiolimixr fat $40 + 12 o with approved preliminary plat dot Subdivi�orl rat Waiver of Pre . r�� � ���5/dot ���ar Plat 00 + Subdivision I prover ents ree en � I /dot t 5 r Attached Not Applicable (MUST CHECK 0� Health Department .rtr ent ertifica lore (original) Title Report (Original, not more than 90 days old) Tax Certification (Property taxes must be paid) Consent to Plat (originals and notarized) Subdivision Improvements Agreement (Attach collateral) Parkland Cash-in-Lieu(Checkattached) Maintenance Agreement Plats: I opaque OR 2 r y ars 1 rJClylar copy I signed blueline 4 bluelines 4 bl eline , unsigned I X 17 Copy I 1X17 Copy **The plat must be signed by all owners of record, the surveyor and the examining ining land surveyor. Attach a letter, which lists each condition of preliminary plat approval, and individually state how each condition has specifically been met. In eases where documentation is required, such as an engineer's certification, State Department of Health certification, etc., original letters shall be submitted. Blanket statements stating, for example, "all improvements are in place" are not acceptable. A complete final plat application must be submitted no less than 60 days prior to expiration date of the preliminary plat. When all application materials are submitted to the Kalispell Planning Department, and the staff fends 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. r understand that incomplete information will not be accepted and that false information ation will delay the application. and may invalidate any approval. The signing of this application signifies approval for Kalispell Planning staff to be present on the property for routine monitoring and inspection during the approval and development process. **NOTE: Please be advised that the County Clerk & Recorder requests that, all Subdivision final plat, applications be accompanied with digital copy. K/a 6�1 �rwk. ab?.5"LLC- f3v . ...... 52: o /0 Owner(s) Signature Nbra L. . �� Date **A digital copy of theflinal plat in a Drawing interchange File XF) format or an AutoCADfile format, consisting of the following layers: 1. Exterior boundary of subdivision . Lot or parr boundaries 3. Easements . Roads or rights -of -car . A tie to either an ex -fisting subdivision comer or a corner of the public land survey system 007 11:15 FAX 406 758 5519FLTH CST PLATROON [a 001 Plat Room Flathead County, MontanS 800 S. Main St fi pN , W 59901 ( -1 0 This Fora is for S *lrri i ns & Condominiums Only TAX SEARCH FOR CERTIFICATE F SURVEYS: TD & H I xq .[SPELL BOWSER CREEK ASSOC DATE 9/6/07� PU# S SUB (11-.28-22) YEARS ASSESSOR 2003 THRU 2Gv � , 9 _ .,_...... ......... ... { 0.7 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. UEC 3 1 2M7 Deputy Treasurer (seal) IT OF MOT`�'�� TICOR TITLE INSURANCE COMPANY Policy No. 7403078m 1157 GUARANTEE TICOR TITLE INSURANCE COMPANY, Y, 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 shogun therein. . The Company's liability hereunder shall be limited to the amount of actual less sustained by the Assured because of reliance open 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 NS 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 PAl Y FOR FURTHER INFORMATION AS TO THE AVAILABILITY l; ILITY AND COST. Dated:.— utht n ec —Sig naTory By Attest TI-CCR TITLE INSURANCE COMPANY ti T President Secretary Reorder Form No. 8993 (Reprinted 1 l00) Miscellaneous Guarantee Face Page For Use In Montana & Washington CERTIFICATE OF PLAT SCHEDULE A Guarantee No.: 7 --1 5 Order o.: 2060707788 Liability: $M00,00 Fee: $1. 0.00 Effective ]date of Guarantee: February 26, 2008 at 7:30 AM The Assurances referred to on the face page hereof are-, That, according to the Company's property records relative to the following described real property tract of land located in the Northeast quarter of the Northeast quarter of Section 11, owns lip 28 North, :Range 22 vest, Principal Meridian, Montana, -.flathead County, Montana, being more pat-t.icnlarly described as follows: Commencing at the Southwest corner of Tract 2 of Certificate of Survey No. 15888, records of Flathead County, and the Point -Of -Beginning: thence N 2 0'1. " E along the West boundary of said tract, 426.98 feet; thence 0204715811E along said boundary, 31.7.:12 feet to the approximate thread of a creek,, thence along -thread the following eleven 11courses: * 7511491.419 48.91. feet: 2103" . 26.82 feet-, * 63008'4 " . 45.05 feet; S 2 ° 2'4 " 25.96 feet; 30 7'37" E 1.0 feet; 791137' 0" E 54-16 feet; S 101147'38" E 31..22 feet; S 5302114911 E 7.99 feet; N 41.02 '4411 11.50 feet; N . 7 °37'48 E 24.96 feet; 6711830" . 23.0 feet; thence leaving said thread T " 2'1. " E 1.9.0 feet; thence S 02 '32" E 177.8 feet; thence Southeasterly along a. non -tangent curve, conea 7e to the Northeast, having a radius of 170.00 feet, a central. angle le of 30°2 '3 ", a chord bearing of S 3° 2' 3" E and a chord distance of 89.41 Feet, an are length of 90.48 feet; thence S 110 ' 21" E 43.10 feet; thence Southeasterly along a tangent curve, concave to the Southwest, having a radius of 100.00 feet and a central angle of 2013' ", an. are length of 91.14 feet; thence 77115012511E 60.36 feet; thence 0 60021 2 0 11E 272.97 feet; th ence Southerly along a tangent curve, conea v a to the West, having a radius of 180.00 feet and a central angle of 0 11 2'23". an are length of 28.40 feet; thence S 1102'3 '` E 78.92 feet; thence 1' 28�07" E 1..93 feet; thence 3411 7' 2 1' W 22.50 feet; thence ce S 23 " E 108.46 feet; thence 3403114311 311 v 69.52 feet; thence 3 °33'341' v 49.44 feet to a point on the South boa dar � � f said Tract 2; fence S 8913015611 W along said boundary, 791.75 feet to the Point- egi ni g* The above described tract of land is designated and to be known as .flat of Aspen. Creek Subdivision -Phase 2. Title to said property is vested in: Kalispell Bowser Creek Associates, LLC Order o. 2060707788 Policy No:7403078-1157 EXCEPTIONS: CERTIFICATE OF PLAT SCHEDULE 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. . Unpatented mining claims; reservations or exceptions in the United States Patents or in Acts authorizing the issuance thereof; water rights, claims or title to water. . 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 ether structure or improvement; or any rights or easements therein unless such property, rights or easements are expressly and specifically set forth in said description. . County road rights -of -way not recorded and indexed as a conveyance of record in the office of the Clerk and Recorder pursuant to Title 70, Chapter 2 1, M.C.A., Including, but not limited to any right of the Public and the County of Flathead to use and occupy those certain roads and grails as depicted on County Surveyor's naps on file in the office of the County Surveyor of Flathead County. . Taxes, including any assessments collected therewith, for the year 2008 which are a lien not yet payable. . Any right, title or interest to all minerals in or under said land including, but not limited to metals, oil, gas, coal, stone, and mineral rights, raining rights and easement rights or other matters relating thereto, whether expressed or implied. 7. Rights of the State of Montana in and to that portion of said premises, if any, lying in the bed or former bed of the unnamed creel, if it is navigable. . Any question of location, boundary or area related to the unnamed creep, including, but not limited to, any past or future changes in it. 9. Any prohibition or limitation on the use, occupancy, or improvements of the land resulting from the rights of the public, appropriators, or riparian owners to use any waters, which may now cover the land or to use any portion of the land which is now or may formerly have been covered by water. 10. The right of the Public to use, for recreational and navigational purposes, any portion of said premises lying below or beyond the high-water line of unnamed creek, or lying below or beyond the government meander line, together with the right to use any portions of said premises lying above the high-water line to portage around any barriers. 11. Terms, provisions, covenants, conditions, definitions, obligations, reservations and restrictions, contained in Document: Purpose: a perpetual easement and right to the land...f r the purpose ofrepairing or reconstruction or improving said well, reservoir, ditches and pipes... Recorded: October 1 , 1907 In Book 90 Page 11 , of Official Records. 12. Easements, reservations, restrictions, notes and dedications, as shown on Certificate of Survey No. 15888 recorded November 7, 2003 Instrument No. 2003-311-13 01-0, of Official .l Records. 13. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Granted to: K.C. Dors. Purpose: Shared Private Toad access & Utility Easement as shown on Certificate of Survey No. 15888. Recorded: November 7, 2003 Instrument File No. 2 03 -311-1 2- , of Official Records. 1. 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: July 15, 200 Instrument No.: 200-197-1035- , of Official Records. 15. Terms, provisions, covenants, conditions, definitions, obligations, reservations and restrictions, contained in Document: Purpose: Resolution No. 4905 A Resolution to provide for the alteration of the boundaries of the City of Kalispell by including herein as an Annexation certain Real Property Recorded: July 1.5, 200 Instrument No.: 2004-197-1 3 Wo, of Official Records. 16. Terns, provisions, covenants, conditions, definitions, obligations, reservations and restrictions, contained in Document: Purpose: Planned Unit Development Agreement Aspen Creek Estates -Phases I and 2 (formerly known as dowser Creek Estates) Recorded: September 8, 200 Instrument o.: 200 -251-1 31-0, of official Records, 17. A Construction Deed of Trust with Absolute Assignment of Leases and Rents, Security Agreement and Fixtures Filing to secure an indebtedness in the amount show below and any other obligations secured thereby: Amount: 3,530,0 -00, Trustor/Grantor: Kalispell Bowser Creek Associates, LLC, a Montana limited liability company. Trustee: Citizen's Title & Escrow Company. Beneficiary: Fells Fargo Bank, National Association. Dated: July 11, 2005 Recorded: July 2, 2005 Instrument No.: 2005-207-1217-0, of Official Records A Substitution of Trustee under said Deed of Trust which names as a substitute (successor) trustee the following: Trustee: Fells Fargo Financial National Bank Recorded: December 2, 2007 Instrument No.: 2007-00038993 of Official Records. 18. Easements, reservations, restrictions, notes and/or dedications as shown on the Preliminary Plat Aspen Creek Subdivision Phase 2. 19. Terms and provisions of State of Montana, Department of Environmental Quality, Certificate of Subdivision Plat Approval, to be recorded with The Plat of Aspen Creep Subdivision Phase 2, of Official Records. NOTE: The property appears to be located within the Kalispell Fire District. END of SCHEDULE ER BOUNDARIES OR EASENIEN I J ANU KUHuvvHra. �+ C 3 F p 61 42 43 i 94 gDr! 59 5 9 7 13 8 1 133 8 40 29 11 55. 34 13 0 53 32. 3 7.70 51 34 35 36 �21 33 6 46.47 48 49750 4.4- 13 12 10 31 34 14 5 ° 0 s IMP 9 26 2.7 25 25 19 37k 15 7 IB 4 AMD 25 \%\- PLAT NO 17 IX 2 2I? r 3 16 17 N 5 8 4 � 145-: 5 't 8 4 3 30 3 31 E PARK 21 * f I 12 PARK B i 3ACF— 3ACO 3AGG L) 3A N 3A D AA+ 3ACL 3AJ x � �,-,d sudiv =i +tiJY p = n e €rs r�xy 3 Lid 2—A B 4+ �xy• 1`�yp 2A f • <Y"k "`L +:�, ' -y} ,c.✓ a i i .. .1 ry ^' 9 ' o., iic�yy__�j < { .€_? t } •_rP Bob 1p � � r� ' iv M1Y Rp{ l+'q'{r4 �. - $ { ♦{'o�} ' SW i :/< $ LS'} 9 •* i } i CONSENT To PLATTING Pursuant to Section - - 1 , Montana Code Annotated, 1979, the undersigned, acting on behalf of Wells Fargo Bank, CIA, being are owner of interest in the property to be subdivided as: ASPEN CREEK SUBDIVISION - PHASE do hereby consent to the platting of said subdivision. WELLS FARGO BANK, N By: State of County of CERTIFICATE NOTARY s: n this day of Zoo, before one the undersigned, a Notary Public for the State of , person ly appeared know. to me to be the persons whose names are affixed to the Consent to Platting and acknowledged to me that they executed the same. � Notary Public foi the State of Residing at My Commission Expires STATE OFF CALIFORNIA COUNTY OF San Francisco ss. n January r 2008, before me, Nellie Jose, Notary Public, personally appeared ,John S. Kauh who proved to rna on the basis of satisfactory evidence to be the person(s) whose names is/ar& subscribed to the within instrument and acknowledged to me that he/she/they executed the same In his/he#thek authorized apa lty ies , and that by his/her4thefr signatures on the instrument the persons, or the entity upon behalf of which the person(s) acted, executed the instrument. l certify under PENALTY OF PERJURY under the lavers of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature Y _�-...N_..:.. dal } LLI Jo COMMIssio 1779790 'b'01 1cry Public - California Sorg Francisco County E OM. Dec 9,2011 IN31 0 CA aa� �- PLANNED UNIT DEVELOPMIENT AGREEM = ASPEN CREEK ESTATES — PHASES 1 andIULA ROBIN501Q FATHEAD OUNT MONO N A (Formerly known as Bowser Creep Estates) :26 - -0 U, 0 7 THIS A R I�ffi1 T, made as of the 30th day of August, 2006, by Kalispell Bowser Creek Associates, LLC. a Montana limited liability company, of 121 Spear Street, Suite 0Y San Francisco, CA 94105 (hereinafter "1 CA."), and the City of Kalispell, a municipal corporation, of 1 " Avenue East, Kalispell= Montana 59901 (hereinafter "CITY"); WIT ESS T WHEREAS, KBCA is the fee owner of certain real property located 1n Xalispe11, Flathead County, Montana, Which is further described in Exhibit A attached hereto and is hereinafter referred to a "Subject Property", and WBEREAS (i) KBCA desires to have the Subject Property rezoned from County R- Suburban Residential to a City R- (Single Family Residential) with a Planned Unit Development overlay PUD), developed pursuant to said zoning change; (ii) a predecessor in interest to KB filed a PUD Application containing a) a Zone Change Application, b) a PUD Narrative Supplement with Exhibits, (c) a Pen -meter Legal Description, d) a Title Report, e) a Covenant Conditions and Restrictions R'S') covering the Subject Property, and f Large Map Exhibits; and WHEREAS, in order to allow the PUD, assure the installation of infrastructure improvements within the Subject Property, and prescribe the penydtted uses within the subject property, the parties hereto determine it to be in their interests to enter into this Development L) Agreement. GENERAL INTRODUCTION 1.01 General The use and development of the Subject Property shall substantially conform to and comply with the provisions of the PUD Application, dated May 5, 2004, Ordinance 1504 — PUD Approval and the conditions contained within Kalispell City Resolution No. 4906 conditionally approving the r preliminary plat of the Bowser Creek Estates PUD (now known as Aspen Creek Estates) and incorporated fully herein by this reference. 1.02 Relationship to Zoning Ordinance Except as specifically modified or superseded by the Development Agreement and the annexed drawings, and the PUD Application, dated May , 004, the laws, rules and regulations of the City of Kalispell governing the use and development of land and buildings, including the City of Kalispell Zoning Ordinance, shall apply to the Subject Property. 20os2ss E'�31 � 1.03 Drawings The drawings attached to this Planned Unit Development Agreement as Exhibit B — Final Plat for Aspen Creek Subdivision -Phase I and Exhibit C — Preliminary Plat of Bowser Creep Estates showing the portion now known as Aspen Creep ubdiviston-Phase 2., are an integral and essential component thereof, and they are incorporated by reference herein. 1.0Effectiveness and Cancellation The provisions of this Planned Development Agreement shall become effective immediately and shall terminate upon the issuance of a building permits for development of the last improvement on the Subject Property. However, this Agreement shall continue to be in effect as a zoning overlay for the subject property subject to the terms of this Agreement. This Development Agreement may be modified or amended only as set forth below. 1.05 Certification Procedure Whenever in this Planned Unit Development Agreement a certificate by the Director of Public Works is required to be given, such certificate shall be given within thirty 0 flays of the receipt of a completed application. Such an application shall be deemed to be complete upon receipt of such drawings and narrative information as are reasonably necessary for the issuance of such certification. R. PARCEL DESCRIPTION y .ol The Subject Property shall be developed with the infrastructure it provements set forth below. M. CONDITIONS OF DEVELOPMENT .ol The parties agree to the following conditions of development: I. Development of the site shall be in substantial compliance with application submitted, the site plan, materials and other specifications as well as any additional conditions associated with the PD as approved by the city council. . The R's for the subdivision shall reflect the components of this subdivision and submitted for review and approval by the Kalispell Site Development Review Committee that includes architectural standards for both the residential and commercial components of the project, a provision for the conservation and maintenance of common areas and the private internal roadways that are proposed for the townhouses. Setbacks for the townhouses accessed via an interior street shall be measured from the edge of the roadway and shall be 20 feet in the front and rear and five feet on the sides with the exception of the zero lot line required to achieve the townhouse confilauration. The C R's shall also create a provision for architectural review pnor to the application and issuance of a building permit from the City of Kalispell. 20 06 251 I LJ,3 J O . The commercial component of the subdivision shall not be developed until the residents have occupied a minimum of 50 percent of the subdivision. Additionally, the architecture shall be of a generally residential character with particular attention given to internal access, low-level lighting, adequate landscaping, unobtrusive signage and limited hours of evening operation. The commercial component may contain one or more parcels but may not exceed one acre in size. 4. The development of lots in the PUD shall be subject to architectural review as outlined in the application and supporting materials and a letter be submitted to the Kalispell Site Development Review Committee from the Architectural Review Committee of the homeowners association prior to the issuance of a building pernit. . Permits shall be obtained from the Flathead Conservation District, Montana Department of Natural Resources and the Montana Department of Environmental Quality for work done along the Spring Creep Channel or a letter from hose agencies stating that the scope of work does not require permitting. . The plans and specifications for all public infrastructures shall be designed and installed in accordance with the Kalispell Design and Construction Standards and the Kalispell Subdivision Regulations. A letter shall be obtained stating that they have been reviewed and approved by the Kalispell Public Works Department. 7. An easement shall be obtained From the adjoining property owner to the east granting the right to develop the proposed o-Foot right-of-way for road and utility purposes and once completed dedicated to the City of Kalispell as a public roadway. . A. minimum 20-foot buffer strip shall be established between Three idle Drive and the subdivision that would include a bike and pedesuian trail and buffering in the form of bermi g or landscaping or both. These improvements are to be coordinated with the Kalispell Public Works Department, Parks and Recreation Department. Flathead County Road Department and Montana Department of Transportation. MOOT shall determine other impacts on 'three Mile Dn've resulting from this development and the property owner shall comply with all requirements of the Department to mitigate such impacts. . The Following requirements shall be met per the Kalispell Fire Department: a. Water mains designed to provide minimum fire flows shall be installed per City specifications at approved locations. NEnimurn fire flows shall be in accordance with Uniform Fire Code 199 ) Appendix IH-A. b. Fire hydrants shall be provided per City specifications at locations approved by this department, prior to combustible construction. C. Fire Department access shall be provided in accordance with Uniform Fire Code 1997 Article 9. d. Secondary emergency vehicle access shall be provided at Phase 2 meet the requirements of the Subdivision Regulations (Section . and emergency vehicle access needs. C. Due to project phasing, hazardous weed abatc€nent will be required in accordance with City of Kalispell Ordinance 0-- , 20062SJ ILI -910 10. A letter shall be obtained from the City of Kalispell Parks and Recreation DireCtGr approving a landscape plan for the placement of trees and landscaping materials within the five --foot landscape boulevard development between the curb and the sidewalk. 11. The area designated on the plat as "park"' shall meet the requirements for parkland dedication and shall be developed in accordance with a plan approved by the Kalispell Parks and Recreation Director that provides recreational amenities including but not limited to pedestrian access, irrigation, landscaping and play equipment so as to provide a recreational component within the development and not simply left as passive open space. 11 A provision shall be made for right-of-ways withi the development that will alloy for the extension of the proposed roadway so that they will provide future access to adjoining properties to the east. 13. A detailed floodplain study shall be completed and accepted by FE A determining the base flood elevation for the floodplain area within the subdivision. No lots that are within 100 feet of the 100-year floodplain as currently indicated on the FUZM panels shall be platted prior to the completion and acceptance of the study area. 14. A floodplain development per it shall be obtained from the City of Kalispell after the FEMA. study has been completed and accepted for the proposed creep crossing. 15. Structures shall be setback a minimum of 20 feet from the established vegetation line of the creep if these areas are determined to be outside the 100 year floodplan. 1. Lots 14A and B, 1A and 1, 16A and l(as shown on the Preliminary Plat) shall be reconfigured to accommodate single-family dwellings. IT A letter shall be obtained from the Montana Department of Transportation and Flathead County Road Departmcnt stating that the proposed accesses onto Three We Drive (Farm to Market Road) have been reviewed and approved and any associated and necessary improvements have been satisfactorily completed. I& A 0-foot right-of-way reservation shall be noted on the final plat in the area of lots 40 and 41 to provide ingress and egress to the adjoining parcel to the west and to avoid the potential for an additional future access onto Three We Drive. 19. The roads within the subdivision shall be named and signed in accordance with the policies of the Kalispell Public Work Department and the Uniform Traffic Control Devices Manual and be subject to review and approval of the Kalispell Fire Department. 0. The developer shall provide a letter from the U.S. Postal Service approving, the plan for mail service. 1. Street lighting shall be located within the subdivision and shall be shielded so that it does not intrude unnecessarily onto adjoining properties. 2006251 ) q,31 D 22. All utilities shall be installed underground. ? 1 A landscape buffer consisting of a coniferous vegetative screen that height of six feet within three years of planting shall be established on the southern boundary of the development Lots 65-73 as shown on the Preliminary Plat. 2. Setbacks for the townhouses will be established at five feet between the property boundary and the eave of the building while the setbacks for the single family homes will be established at ten feet between the property boundary and the eave of the buiding. ? 5. A minimum of two-thirds of the necessary infrastructure for this subdivision shall be completed prior to final plat submittal. . All areas disturbed during development of the subdivision shall be re -vegetated with a weed -free mix immediately after development. The preliminary plat approval for the first phase of the planned unit development shall be valid for a period of three }rears from the date of approval with an automatic two-year extension as each phase of the subdivision plat has been completed and filed. 28. The landowner shall execute and submit to the City of Kalispell a waiver of right to protest the implement ation of a SAD for roadway improvements that benefit the property. This waiver shall be disclosed upon the face of the final plat and shall run with the land. IV. AMENDMENT OR MODIFICATIONS DEVELOPMENT AGREENMNT .01 This Development Agreement may be amended or modified only, by application of the owner, in accordance with the procedures set forth herein. 1. Application for amendment or modification may be made to the City of Kalispell Site Review Committee by any fee owner or ground lessee of the Subject Property. For purposes of this Article, "fee owner„ shall not include the owner of an individual unit owned in whole or in part pursuant to the Unit Ownership Act — Condominiums, Title 70, Chapter 9.3 Montana Cone Annotated or any successor statutes). ?. Modifications of this Development Agreement which are determined by the Site Review Committee to be minor modifications shall require only the consent of the Site Review Committee, and shall not require the consent or approval of the City Council or any other public agency. 3. All amendments and modifications to this Development Agreement other than nor modifications shall require the approval of the City Council of the City of Xalispell. . All applications for modification or amendment of this Development Agreement shall be filed with the Site Review Committee and the Site Review iew Committee shall promptly determine whether the modification is minor or major. 2006251 1 LI 31 0 . The Site Review Committee shall make its deters nation with respect to any application for a minor modification subject to this Section within fifteen 1) plays after it determines the application to be subject to said minor modification. . If the amendment or modification requested is of such a nature as to require approval of the City Council, the Site Review Committee shall refer the matter to the City Council within fifteen days after it determines the matter requires Council review. The owner may appeal any decision of the Site Review Oorunittee to the City Council, who may affirm, reverse or modify the Site Review Committee decision. V. CONSTRUCTION PHASING .o 1 General Requirements 1. No building permit in respect to any building shall be issued by the Building Department until: A) The Zoning Administrator has certified to the Building Department that proposed building(s) substantially conform to the requirements set forth above. The Director of Public Worts has certified to the Building Department that the infrastructure improvements and roads required as shown on the drawings submitted by the developer substantially conform to the conditions contained in this Agreement and that said improvements have been constructed or security guaranteeing the construction has been received by this City. For purposes of this Section, the "Security" required shall be in an amount equal to x a of the developer's Licensed Engineer's estimate of the cost of constructing said improvements. The estimate is subject to review and acceptance by the Director of Public Works based upon the reasonableness of the estimate. VI. SEQUENCING i. 1 GeneraJ I. The phases and their associated portions of the common Area are intended to be as stand-alone developments within the Subject Property. The sequencing of infrastructure improvements must conform to the requirements set forth above. ?. The infrastructure improvements associated with the pluses located on the Subject Parcel shall be substantially completed by July 6, 2007 or two years thereafter as an extension for each phase of the subdivision as each has been completed and filed. If said infrastructure improvements, required within the respective phases of the Subject Parcel, are not completed within three gears plus the automatic extension time, the Council shall redesignate the undeveloped portion of the Subject Property in accordance with the City of Kalispell Zoning Ordinance. 6 2006251 ) 14J1 0 §7,0 1 Effective Date This Agreer ent shall be effective immediately and shall remain in full force and effect until all phases within the Subject property are developed or July 6, 2007 or two years thereafter as an extension for each phase of the subdivision as each has been completed and fitd, whichever occurs last. However, this Agreement shall continue to be in effect as a zoning overlay for the subject P-roperty- V.02 Sevrability In the event that any provisions of this Declaration shall be deemed, decreed, adjudged or determined to be invalid or unlawful by a court of competent jurisdiction, such provision shall be severable and the remainder of this Agreement shall continue to be of full force and effect. §7.03 Recordation This Agreement shall be recorded along with the 1 's with respect to the Subject property. §7.04 Entire Agreement — Primacy This Agreement constitutes the entire agreement between the parties and may only be amended a set forth herein. In the event, during the term of this Agreement, there is a variance between the provisions of this Agreement and the 's, this Agreement shall take precedence. § 7.05 Binding Effect This Agreement shall be binding upon and inure to the benefit of the respective parties heirs, successors and assigns. Dated this 30h day of August, 2006. KALI L ELF.., BOWSER CREEK ASSOCIATES, LL , a Montana limited liability company BY: VPL Inc., a California corporation, its manager By. { Debra L. Perry, Vice Presi MY OF >' ALI ELL 4ianSPntnckr City Manager By: Chad" a7bafl,4Git nmey A., oos25IL IL4 31 D STATE OF CALIFORNIA COUNTY OF SAN FRANCISCO n 8 1 l 6�., before me, Do el CA &, a Notary Public in and for said County and Stake, personally appeared 9elori. C. r� , personally known to me (or proved to rye on the basis of satisfactory evidence) to be the persons whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same In his/her/their authorized capacit ies), and that by hislherltheir stpnature{ .� on the instrument the person(s� or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal, _410my rnrrrission # 1468942 Nolcify Public - California San Francisco County Comm. Expires Fete 8. 2008 i of ry (For notary seal or stamp) �COG 2s1lL13io STATE OF MONTANA SS County of Ftat�ead On t4is 30th day of August, 2006, before rye, a Notary Public in and for the State of Montana, personally appeared James H. Patrick and Charles A. arball known to me to be the persons whose names are subscribed to the foregoing instrument, and acknowledged ledged to me that they executed the sane. IN WITNESS WHEREOF, I have hereunto set ray hand and affixed d any Notarial Seal, the day and year first above Witten, SEAL SEA Notary Public* Mate of Montana Residing at �►, L- 1�' Mycommission expires ti�osas�. IL1310 MT A Le a Descry tion Phase I tract of land located in the Northeast quarter of the Northeast quarter of Section 11, Township 2 North, Range 22 'west., Pn'ncipal Meridian, Montana, Flathead County, Montana, being more Particularly described a follows- OMmericin t the Northeast corner of the Northeast quarter of the Northeast quarter of Section 11, Township 28 Forth, Range ?? 'west, Principal Meridian, Montana; thence 040 4'29 " along the East line of said quarter, quarter section, 59.94 feet to the Northeast corner of Tract 2 of Certificate of Survey No. 15888, records of Flathead county, and the POINT-OF-BEGPINING. thence 04' ' -7" ' along the East boundary of said tract, 1127.29 feet to the Southeast corner of said tract; thence 9°30' "W along the South boundary of said tract, 474.71 feet; thence 13 °33'34" 49y44 feet; thence 134°31'43 "E 69.52feet; thence °0 ' 5 "W 10 .4 feet; thence 34'57") "� T .50 feet; thence I 1 ' '07" 1.93 feet; thence N ° 2'3 '"W 78.92 feet; thence northerly along a rxan- tangent curve, concave to the West, having ' a radius of 1 0.00 feet, a central angle of 09'0 3", chord bearing o 1 01'31'09"W and a chord distance of .37 feet a arc length of ? .40 feet; thence 06002'20"W 7 .97 feet; thence 77' D` t"W 60.36 feet; thence Northwesterly along a non -tangent curve, concave to the Southwest, having a radius of 100.00 feet, a central angle of 113'0.5". a chord bearing of 1 33'0 '20"W and a chord distance of 88-02 feet, an are length of 91.14 feet; thence 1900 "52"W 43.10 feet; thence northwesterly along a tangent curve, concave to the Northeast, having a radius of 170.0 feet and a central angle of 30°9"3", an arc length of 90.48 feet; thence Cp 1 70? '3 "W 177.89 feet to a point on the westerly boundary of said Tract ; thence I '4 '1 " along said boundary, 4. feet; thence NO2 47' " along said boundary, 375.21 feet to the Northwest cozier of said tract; thence N89'54'57"E along the Forth boundary of said tract, 4.2 feet; thence 05'50'17"E along said boundary, 12-03 feet; thence 9' '39"E along said boundary, )1. ? feet to the POINT-CIF-BEGENNIl * containing 19.227 acres. Phase tract of lanai located in the Northeast quarter of the Northeast quarter of Section 11, Township North, Range 22 West, Principal Meridian, Montana, Flathead County, Montana, being more Particularly described a follows: ommeneir g at the Southwest comer of Tract of ertiF1cate of Survey No. 15888, records of Flathead County, and the POINT- B SING; thence N020501181FE along the West boundary of said tract' 426.98 feet; thence 027047' S" along said boundary, 317.12 feet to the approximate thread of a creek; thence along said thread the following eleven G1 courses: N75°49'14�"E 48.91 feet; N 055't 3"E . feet; l 300814 '" 45.0 feet; 01 '47"E 5.9 feet; 43017137'' 16,90 feet; 79"37' 0" 4.16 feet; S 10047'3 8 "F 3 1.22 feet; S5 3 al 1149"E 7.99 feet; N4I°'- '44" 11 .5 0 feet; N7 ° 74 "E 24.96 feet; S6701 '30"E 3.50 feet; thence leaving said thread I °4 '1 "E 19.05 feet; thence S87'9-6'3?-"E 177.9 feet; thence southeasterly along a non -tangent curve, concave to the Northeast, having a radius of 170.00 feet, a central angle of 019-9"3 "r a chord bearing of 4305 '03"F EXHIBIT Pave I of 2 and a chord distance of 8 9.41 feet, an arc length of 90.48 feet; thence S59006,5 ", 43.10 feet., thence southeasterly along a tangent curve, concave to the Southwest, having a radius of 100.00 feet and central angle of 111310 ", an arc length of 91.14 feet; thence I77° 0' " 60.36 feet; thence 0600'0" ?.97' feet* thence southerly along a tangent curve, concave to the Zest', having a radius of 190-00 feet and a central angle of 900 " ", an are length of .40 feet; thence 00 c 78.92 feet; thence 1 11? " 7" 51.93 feet; thence 417'25"W 22.50 feet; thence S55"02'35"E 108.46 feet; thence S341131' 3"W 69.52 feet; thence S 35 033'34"W 49.44 feet to a point on the South boundary of said Tract ; thence 9"3 ' 6" W along said boundary, 791.75 feet to the POINT-OF-BEGRqNING, containing 11.540 acres. EXHIBIT Page ? of 2 zoo625a lq31D MI Final PlatDrawing.—.PhaseI pages attache hereto) r.A I �F )BDII'VISION- PHASE 1 F THE NORTHEA5T QUARTER ER F SECTION 11: E . Z R� SbA' �E'39 "E SZ1.d " 3 r AmM (PAL PHAK 1 ) i7i.sa' �'3 #� �� s• I ; �*' •soa- kL4- 17ir )kCIO S� I TRACT I 19iCs"a1 # t t }g IRA # ? .i73 AL. - $ .205 AC Ir or x41 130 0- mwtaolyx T f I A } #- ? % f lip 4 TRACT 2 ;• 1�t rs C-Ci_S_ rt 63A 1 23# AC. : ![Sf' I 14 {,. -2M 1227 Apt,rz saff f "' •`tea#� LLJ Fit• 4 r .1177 A }fit , 7 6 AC, .► t} a i i �k ■ � �� � i+! i fktil'r'. �i { TRACY 3 Owl 1 ti 313 Ac, - ,19u Ac. i Z � s' ' 44" 3 r . 3sa � t Pp 33 ' .:9 3 .. F 2�r F ' � # ' +aa a# �s's TRACT 34 .. • .214 AC. .184 A �n- xu v 7�IF FPS LOT38 PARK BASIS OF BEARINGS, C.,O. , NO. i8e$ MQ LOT ACFMAGES SHOWN AM WT AREAS. FOR GROSS SAS REFER TO TABLE ON SST 2 LEGEND F'NC1. 1/2' RFC W/CAP IiA.FIiM . S 7975 s`r CO AS FipM FH a rS/6' RESM WI Cam UAF&CM 'trf YLE 2!.i' 1 R S' a SST 5186 ACW W/CAFL I•IJJIXM "T525 LS" SECTIrk tMHEA— i Uma U&k= CAW 4Lskrff'EJ4 ! — 1/2` Rmmt (REC RO) suejEa mlyiNDARY iaWNOM A=SS is DIMITY USEWMT UrUrf EASVEHr— 5' Yf' 30& Ahn PAS! L TO Pflop IT1f Lwr' uff-css r rKB1wdE WED 70' WE & ME"5711 N4 Mr a 60' S ISO, S C A L SHEET I OF 2 OTHUL VALWZdl. DOWSER CI K ASSO M. , A. UONTAKA TJ[.' D C3JMM COIkrtPAXY P L 31 T}im Zz 5L1IC$ ASPEN CREEK SU 0a DLO! -��� r pHCtil� {#ae) i-5240 0.90x LOCATED IN THE NORTHEAST QUARTER � DATA. TOWNSHIP TH, RANGE 22 WE%' k T H R E E M 11. E I i711vx1 iti1 7t $S1(}SY I � - - IAilY+L7K7 # vw'yN�41d[� Qt 39 � h�O IGiAL1 RECREATIONAL AREA J4C. _ W AC. nil nil + i46 i TRACT i C t W&MOMMRS PARK NO. 1 h A0 FMMWArKm j 'Wr4jr4WX US2.51D AC. A {+T � n1)5 AC. � #, !a7.7c= #Ili k is 1 k 41 •u + 11 .i #tom �F 3r• tG F F *, Anf4�A j �' -1 92f�.yc. r y 1if I ILi I 37 n 1" i J0 �� r� ~ lb .a rAPW Cf v�a1 1C 7Cs:1Y1� F .i r« [ .. 1" 51219A 24A 43 � 6 Lti �}f ' 1 r 01 o. 142 wow 27 P1 t s3 A i• . rq ,ice A- J y w1'C131 1 rt W !one 3 N • ua 26 ; % wF � ao 174 AG. ►M 2 MT A PART� 171 11.540 A4r- + S%�" ' HOMEOWNM 31 t7 ' .19 0 AC, N PAW NO. 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KwAww' tlwems W54'2s"w QW4 the rMa kw of t'o..d +eualr, Maw(w •i.it wx 59.94 J.s# tv thww Hwftevsl aurr,.Ir` of 7waet 2 00 Cer4irwcelt of Survey mg. 1SS. . riveter'&& of sal rbw*a.f oppg F. wai the POrfif-or nmim7it'i, i wmq 504 -afz7IR idioms vw %it #MrrwYq�rjF of !mod kw-t, 1121M ImL to II SwAhce t r&-mw of *&4 Vact: tdwrx� S>?9" 3f} WW a" Ilwe $wrlh bpoWwg of Boyd lease, 474,71 hol; Vows Fdwa3*N-c ##.s* f*ot; wwvm a3rlrot 49,52 Iaet, lhawwca 1`13S'&35- f IOL44 114t: *awn 1f341I 72.5M reel~ Wrr" N15.24'07V 51.l3 fait. 111roww4a f4S5'1}2435-W 7a *Z Root Vows rwwitww jy glen Y nc--kmarwt ewv.. opumvs la V* wrwL 19.:r+Q ■ rwiwUi/It 0f 160 00 lret, a carve ml w to of OWt�2'23`. * dw b++K�wtl w h10r31'C9 w urwd o tNewd wfml.ncwt of 37 fuett an am 4wayth of 29 Q #+el: th-4r Fr 02'20-* 2T2.l7 f. t: Ow-ce S77'5QZ3'%fi SO-54 fob Unp ffarltw+eslwdp 9" a fwoe-#eJUat VWVA. rwwr+r to tlww Sowip.ed. N" d 0IMS s Of =.00 M.si, s cerw ka angfo of 57 # 3'04 : a dh or# Ww f m of r.13S 40 -W and o zhcwd dWAd-cs at ".02 f ir1. a ors hM h of 91. J 4 (VA; pwww s N3§rW52'W 43.113 f thsncr marl! af,mr! a %*nq4r4 cwve. awmi ra I thwt MuRh L. h" . rn&d Id 17a as frrl wwrwd a serwl*wwf o"4It of 30`2938�, arw are krrr.glh of SG.44 f*dkz to wmw N47'2f'32'W 177�H fort to a prior[ .rw the wwadig y► b wW wiy aver 40d Tenet 2: 0moge PtW4Z'19-C a" ja-d 'd'aO, 44.04 fwt: wamm N*r47'307C vwg rod bo.m"y, 373.21 taw[ fa the Fkwwthrret tomM d 1ruc4 tlwefwd4 NVFW57-E oiang tht "01A bindery of $me t 47IL22 fam4. Mw" SVS'S0 WC 40" Aafd Wanday. 1 fast ltwRwca 594'Sl1' 9'E IhW4 sad bmim4 r. 321AZ Best to 11M POW-Or-MMOONG. amtwim 19 227 &trww14 The obcn do.PIraci of land +4 AD *4 and to bw Uwwn as s+s.t pf Jup..w Cr4m* 34*m*w14*l - Ftr w.a 1. BwWe4 in two t*wVaret quarter of tlwf ftwvj guawiar ad $r vqn 11, Towwww* 23 xwg1 ' PAD" 22 west. prit.+twp4f A-iA ww. WoMmA.. roWmad CwA*, Lr.nlwrwq mrW W elver 1 Fr &Wed wA LM Rlray X grid row Ar&w 4oti tit hw*v ded6raw to ibe Oky ad K W isp A for *yard " WAy p opasaL PLA1 ASPEN CREEK SUB LOGA7ID N TM NORTHEAST QUARTER OF TOWNSW 28 N(3F3M RANGE 22 MtE8T, A hroKt of knd Wq*od sn 14e thaist quGrtar 0 Lba f+iwgid W Vvartfr 00 S. lion 11, Te.rw.hp 20 1' *KN lrwkgwe 22 W*&1- artrwa mA s1.■;d�rrw. Uw Aaft. rk*ewf CaWIV, wla+twn+, b+d"9 rwwa.wr pwwrw#wt d..�. ad ■s eefia.w c Cwnffwnekwj ft the SmAhw opt f dw'rwer of rewt Z od Cart:fwaalc el Surrey 91. ISM, rseiwde of 13 #mW towsly, wed tha Rwiirc4 NOZ'50'14'E o14wr! Lbo W*A bmw%%Pxy of u" Vw& 4;4.94 test 6 wa " 1407 05r -E aAmv so`d b�. W.12 fee to thee rAp v,+ w ala Uw aad of . tkw.w+rwe 0" sow! U+rs.d the Jw wdR� (tt) e rO 1i75'Ag'141C 4M1.91 lwoL X275 107E 2&W O=L. HfiY1U"45-E 45 CS feel; 32S'12'47dE 23.91 fe.i; S#S~17 I7t 160 F**t S7@'.3r-W'E $4.1$ f*et: S1747'381C 3122 Mes4 S532: Wr 7.0! fra4: WW26'4 -E 11-Wf*t; N7;1'3T'441C 24.it.'li fiat; 5671l1'31I 23.50 fft4 Ifwaf di Wawa g wkf lhrewg KW42`16'K III IM, tfwww4 S47'3#32T 177.82 f"t "Mrce -vaAhefteler* awn a non-Larr4rn111 pwwrw. Gww4" to tfw► Noethbgst, hawwaq a ■adtus Of 17G.00 f4et,. a i+en#aAld w#1 Of W2r3d, a dbe4v beow3rwq of WST03-E wwd a d wiwFtof 511.4t lrel. on we Iarrgih of 90.4a h t; 1Jrwwm. 450341112 t 4110 T.+4: Wmrr +nwrJMwatrrly vi.nq it tsrw#wwt svrm eew►wwv4 W the Saww h*erl. Npwg a wvdrA of 100.Ot1 fek and o cwdvw wages of WS,A't1'!'. on owc krgth of SI.14 (094. thence 1177'6"S't 60.36 foot: Vwwar SWlf#'2O'E V2.0Y T*aL• Pw.wwcx mowt a tafrq+M arve. cmco o to ftrr wort. Nn" c eodKa cl 100Olt het OhO n 4VAfat 0" W W* ZY, as we Iangth of 7A 40 (991141 Lwawce 2'35"E M42 foft tlwawwct S15'29'Ort 51.93 fbeft bmwe 534'S7I`25'W 2 V fart.: %wowx S5V0Z'33'K 10fL.a6 fed-, Uwrww t S5V31'43"# 34.52 f.ik; I wWA S3!'33'3-4~ff 40,44- 1s*1 1s v Vet on I '74uth # 73 f: y 11%v I dT-W-Kam#".. oarwla■+4n 11+540 aorta. DIMENSIONS FOR TOWNHOUSE log IVA ACCESS & UTILITYEASEMENTS220 _ y r. 218 } 209 *' s r 5 +r f �ww�, ,[ \ *% 16 I 9 w< jr ZOO ep �� , • '� �1 wry { }' 24A `r 40, f 1 i1r r Cw0 si r waoa � �Jr sl4�4 as �94' yr y y� ■ y`�~�yy�w�! r.:Lii/;1 �ryr�L}ly�-���y� K3a.r111 ; ia" NI �t R II�Ilm"� mom VWARIL"�� V KW4po p""r Ce"k Alw►aaoWL 1LLC (( wnwer) i right to pro" wrwh it rnpJ+ lwra In fwgarwll 14 by tlwr i`7 a of K Aw w0.I1, to 1wy�:.tr a Spocad IX4 %"144e of r'4112 ii ON ar.f. la U;r *k wwdawd8' this oubd*rsmm prerided how"or Vto KaYpo,dl LLC uwjem mods that. (ha/�640%") relipiew Id oft*; si of 63105%edhlt impaead a4 a a✓as k of iwxprgw"m&'bt tkaVet- KmGm Nl Uaw*w Cw' k Aeaac: ss. = oVaa2 th iv. w olk orw be bift g as the We of 1h1 nuf alwd SW be 1>rdGewg an #" hmm, A*wra. iaC1: pw#.a*ww. and pry and OR Absewewt J-trw w m prepeet s 2lwwft on the pelt of A"M Crerlw swab NET/GROSS AM AS WT FO t11i N THE FO9_LOWt )IVISION-m PHASE 1 HE NORnC T QUARrM CWW TM I&A niECOUN", MOM ;SilTtiTAE3'� EX��(�'kiii3N �1�Y'�t1CT --- - -- - m" u"W"f"d hrrw4#r cerrtltisr uwt sa pwk w2d ffmvo(w%A am on Lk" plat arm 00k s.dr�rct t r smi4 y r.+=sir pr.+F+nk to Am If - +,rW4 op MX1092X40. sl+lrf+ dzWn sls "a Pmcmd thak has ova WhdVWq lmp%bm f actalrot to k& naa& far water supply. w stowotw dj%pw54 wW ssld we -via AspeW. if rw new mW4 D94&t for" fe#,Mma uW ws aoolewcted on the parted.' tj..r Ax"avUm. pmy I. 66 to ow srxmmi m ax . 5p.rctlef F CpFrnFICATE Or tmLTC€F5 kw comrwd shA r%n als . '°ismr1Aq WW6-S Wd harebr .#s u+ic each " gwry perm rkm or QWmm of *m rove pp ay�q. v6wwir pY41.c or primis. prey,W%4-q me al[#W" to provide r+- P%I x. t.iepherms. I.t. , t aekic, ploww. "a. cobis taivelar mn:womr. vel"our rrwct to Ire. paFm�ic,ieOw dV* Is tIw )b+F! uw +sr Lm camoruckkm. rn+s+►tmmnog, r+pair m d mffwyal of tl.w *,as o+uF sbw $ooMmo. in. orw, wm W, oed mmes amch m os 4*s4 -ulsd on VAs plat es ULW %s�ra�nk and s#r*.ti is ++arrw and is >►Nd ts.*,yr, K"PCL . III CFXV ASSCCt TO. k ~AW IJW= UA$f#M COteAW : L W-, A JFQRI CORE +41MDON. F i I #tiles• rm. i S4ats of y) TAMLF Orf + ay. sq;p" ad trao•.n to mr t• Im the parsse4s) rhaft r4effl {s) mw) mutoom41sd W WN imvrarrmrat. prd #clreo.d&" kt mdo *41 1heit oxwMAad M* WM. # 04ary ptiWplu for ON PAM slf '9 at MY cdlrwesssm ate'" RUDE 3.779 AC PAM ARC 4.4U AC, 1WREATION&L AREA ONXI AC. TOTAL 19.227 Ac. =E= OF COY ATTORNEY Tim disk hm bma eksarned by the afifcs of tkA C3y Auomry occordAng to S+cl+`ors 7i-3ai12(2)+ L,C re" ulpan b'Um r■p,ort wW appeuwd Imed cc WwrrwWan suYmlttsd by 11-4 dswdoW mrjlae ks ep wA- OW" of khr CIIF Atkwmcy Kol1 %Wrk. F+oniona The Gtar ro?W of KabsfdNOW WO woano OM hWo-loy ctstidy it OWL hail smanwr.rd tt:r ON &W he" tawad mm sores to con WM la i m. uwavts iL. ixw I W fteb ks the d dkotian to p++ uar of ar7 and at Iandr rhmm on 0" Mali as be"'q ded:oatad to Math us.r. Vim-dmy of 2W. .. .... ..............yhy_+_._.+_W_A"p_ F, k " Tb� ommmile st CER11FICATE OF SURVEYO hlra$ " xo p5u CRAM lrHC ULWD SUWsVf n AXc. "0 ... .�.. SfAK of moffou o3um cw Punim VIIAD in: DMrif Iktc +so«t NO. SHEEN` 2 OF 2 2006Zsj.1q31 0 EXHIBIT Preliminan Plat# Phase 3 pages attached hereto) Z006251)414 PRELMMAW ATE F BY' TW3W, ]iClwi+f AND HOMM, no }+ OXTH 1mtmC#m M= pot (cm) ?"-=O BOWSER CREEK E LOCATED N TEAST QUARTER THE - 11� �r� WRT AS" OF SE+TK)N , T WNSH2 UNE T Nam, RANGE 22 WEST', P, . ., FLATHEAD L� Ea C11-my r COUNTY, MONTANA, LOT AND ROAD LAYOUT L4 L7 ' L� 11 low s+r sC 1 Ame TOWNHOWE 24JW 1808 N.F. MAW CUALL-2 A SINGLZ FA]EILY UYT3 ON= AC. TDWAHOUSZ LOTS 7.072 AC. Comhzx L LOTS CAM AC, HOUXOMM'S PARK 0. AC. RECREATIONAL ARU MEW AC. RCltiD3 6,919 AC. 1OUL 30.76a AC. SUBDIVISION SUMMARY D 60r lion is C A L € PROPOSED USES U71LMES S11 %L f1XY UM (54) NAYURJi1 Ws {WWDOR3" TOMdMKM 1 (42) UXZTRi= (F,E.C.) cowwvtcft =3 ) TEL940M (t�)f'k1AYM) CA" IV (EIIkEW" CO CrT�E 0 11'+ TEX (Ow CIF XAUSPE4 3 14E]! (CX1Y CF KQ e�c�� ii P1914fiA +115 r SOW WASM (FIAT = LNCNXi) Ze P+A1MEW LAN USE f!E:GUT3Q1 y WUJOQ PATH --3 hXWOMOWS ASSOMT Y IJAL 1 28 CDIL= GAO AI `3 0.17 A0 ti R 120kw 16 0.17 AC_ !of W 0.16 AC. law 27 4,18 AC. 0.19 AC. _ _...a.. go., G 61 4$ 4.16 AC. 01 d AC. -- 0.17 AC. 1017 1t .. �.7osr �wsY M L E 20062510L]3lD THREE 3r11LE DRIVE Z 29 .18 AC_ j i 'i. L 71 I � LIL t 64 � ak aAc.OM AC, ;. 93 IDA W-w i F � I BT ly AC 0.1 C. Q.17 AP— ill � i142 I� RIVE R A 0 T 8 P 1 TRACT SAN 4101102 SHEET I OF 3 ovm XURML J ptnmy 890 !1o}t!'1L KEPUQN Xwm 1301 PHOW (4W) PRELIMINARY PLAT OF BOWSER CREEK ESTATES LOCAiEO IN THE NORTHEAST QUARTER OF THE NORTHEAST OiJARTER OF SECTION It, TOWNSHIP 28 NORTH, RANGE 22 WEST, P.M.M, FLATHEAD COUNTY, MtO1+iTANA. TOPOGRAPHY, ROAD + UTILIT[ES • magmam Youm%AF4'# norm rpounr'f AN III am oomiat 1 /4 00AlJi M - w DMANO WATER WAM ► Eiii'FM SEWER Q U FINS WAM i1Ammu PRDP4m VKi" MN" VF/YALYE # PROVO= HYD WIi ........ — — s PROS S #M 14AN MWE) 000FOM SUM Fal+iRHOLE •. ��r. OO+rY" L*K (1' HNERWO -- GRk EL ESE sucom TRIM E7c6S r44 CULAU —�-- D441#iwOiE AP" PROPOSM I~ OUWALL PAV Mm bog UNLX pfloposm t G >---c M TE comw mwm Sol PAopom CLLVuff N CONFECT TD r� r 4 F% 1 E F r� SHEET 2 nF= llumq= s rim 20062a "Llffly P - LAT .. 0 . F RV WM NUMUF S= JIM Lummu-4 i BOWSERCREEK ESTATES I�l: ifJlV, '0+1, LOCATED W TFIE NORTHEAST OARTER OF THE NORTHEAST OUARTER OF SECTION ', TOWNSHIP NSHI 8 NORTH, RANGE 22 WEST, i «RW FLATHEAD COUNTY, MONTA A. PHASING, FLOODPLAIN, TEAK FLOW DETAILS fair r mo ti j rYa 1 4RD I-f nx mnrcw� me irsao t*i! TYP I CAL R OAD S E0710N "clods F �.,. off, .�-• F,,t -� .BEEHIVE FIELD INLET DETAIL wok 9CIMLE �. , was : air ' war PHIM4 WX*AW TPAMC fWW PAr$M Mpom mmul w PAM 43 I THREE MILE DRIVE {) 1206 4 a SHEET 3 OF 3 K) TFUS DECLARATION OF COVENANTS, CONDITIONS AND RES-fRICTIONS is ,made this 30th day of August, 200 , by Kalispell Bowser Creels Associates, LLC, a Montana limited liability � C> company, (hereafter referred to as the "Declarant"). q lz� (f��ZD ly PVAUCA&SINSON T 9A rnl Jkl-rV DECLARATION OF COVE, NA► T , CONDITIONS AND RETRII W" aE 0,tx• ASPEN CREEK ESTATES I WU 2 N20 WIT1 ET ; WHEREAS, Declarant is the owner of the real property known as Aspen Creep Subdivision (the "'Subdivision"'), legally described on Exhibit "A" attached hereto and as depicted on the Plat Map as defined below(hereafter referred to as the "Property"'), and hereby subjects the Property to the Covenants, Conditions and Restrictions hereafter referred to as the "Declaration") set forth in this document, each and all of which is intended for the benefit of the Property and for each Owner in the Property. This Declaration shall inure to the benefit of and pass with the Property and each Lot thereof, and shall apply to all Owners and their successors in title; NOW THEREFORE, Declarant havinar established a general plan for the improvement and development of the Property, does hereby establish this Declaration upon which and subject to which all Lots and portions of Lots within said Property shall be improved or sold, and clots hereby declare that the Property is and shall be held, transferred, sold and conveyed subject to the covenants hereinafter set forth, all of which shall run with the land and will be binding upon all successors in title of Declarants. Article I# Definitions Section 1. "Association" shall mean and refer to Aspen Creek Estates Homeowners Association, which shall be created to administer the Property subject to this Declaration and the Bylaws of the Association, and shall continue to administer said Property. Section 2. "l law " shall ,mean the Bylaws of the Association; as such Bylaws may be amended from time to time. Section 3. "Common Area" and "Common Areas' shall mean and refer all real property owned by the Association for the common use and enjoyment of the Owners. The Common Areas of the Subdivision shall mean Homeowners Park No. I, Homeowners Park No. 2 and the Recreational Area, all as shown on the Plat Map (hereinafter defined). Unless the context clearly indicates a contrary intent, any reference herein to the "Common Areas" shall also include any Common Facilities [acated thereon. Section 4. "Common Facilities" shall mean the trees, hedges, plantings, lawns, shrubs, landscaping, fences, utilities, berms, pipes, lines, lighting fixtures, buildings, structures and other facilities constructed or installed, or to be constructed or installed, or currently located within the Common Area and owned by the Association. DECLARATION OF COVENANTS, CO N DMONS AND RESTRICTIONS 0 F AS PEN CREEK EST TO Page I 20OG251L Section 5. "Dwelling elling Unit" shall mean and refer to any building or portion thereof providing complete independent and permanent living facilities for one farn.ily. 4 I Section 6. "Familv shall mean and refer to a natural person and his or her spouse, children, grandchildren, brothers, sisters, parents, or significant other. Section 7. #Tot'# shall moan and refer to any parcel of real property designated by a number or number/letter combination on the flat Map, excluding the Co=on Area. When appropriate within the context of this Declaration, the term "Lot" shall also include the structure and other improvements constructed on a Lot. I Section 8. "Owner " shall mean and refer to the record owner, whether one or more persons or entities, of any Lot which is a part of the Property, including buyers under a contract for deed, but excluding hose having such interest merely as security for tha performance of an obligation. In the event are Owner is a corporation or other entity other (ban a natural person, the Owner shall designate one (1) natural person in each calendar year, who, together with his or her family, shall be the sole occupant of the Lot and any Dwelling [knit constructed an the Lot during that calendar year. Section 9. "Plat Map" shall mean and refer to that certain Plat of Aspen Creep Subdivision Phase 1, recorded August 9, 2006 under Reception No. 200622113410, records of Flathead County, Montana. Section 10. Tr ert " shall mean and refer to that certain property described move and on Exhibit "A", as may be amended by annexation of future phases of the Subdivision. Section 11. "Townhouse Lot" shall mean and refer to hose certain Lots identified with an "A" and "B" following the Lot number on the Plat Map. Section 12. "Townhouse nhous - Access and 'Utility Basements" shall mean and refer to those certain easement areas as defined on Sheet 2 of the Plat .map. Article s Homeowner's Association Section 1. Membership. The Association, shall be farmed to provide for the maintenance, repair and construction of facilities common to all Lot Owners including. but not limited to private roads, storm drainage facilities and the Common Areas. Every person or entity who is a record Owner of any Lot, including buyers under a contract for deed, shall be a member of the Association. The foregoing is not intended to include persons or entities that hold an interest merely as security for the performance of an obligation. Membership shall be appurtenant to and may not be separated from ownership of the Lot. Ownership of such Lot " shall be the sole qualification for membership. DECLAMATION OF COV ENANTS, CON D ITIONS AND RESTRICTIONS OF ASPEN CE EE K ESTATES Page Section 2. Property Rights in Common Area. a) Fee Title in Association. Declarant shall convey fee simple title to the Common Areas of the Subdivision to the Association, Free of all encumbrances and Iiens, with the exception of current real property takes (which shall be prorated as of the date of such conveyance) and any casements, conditions and reservations then of record, including those set forth in this Declaration. Such conveyance shall be mad prior to, or concurrently with, the first transfer or conveyance by the Declarant of a Lot in the Subdivision to an Owner. (b) l icrhts of Owners in Common Areas. The interest of each Lot Owner in and to the use and benefit of the Common Area and the Common Facilities of the Subdivision shall be appurtenant to the Lot owned by the Owner and shall not be sold, conveyed or otherwise transferred by the Owner separately from the ownership interest in the Lot. Any sale, transfer or conveyance of such Lot shall transfer the appurtenant right to use and enjoy the Common Area and Common Facilities subject to the terms of this Declaration. c) Access & UtilityEasements. The Access & Utility Easements as shown on the Flat Map are private roadways for the use and benefit of the adjacent Townhouse Lots. The easement rights ;anted herein shall be appurtenant to the .tot owned by the Owner and shall not be sold, conveyed or otherwise transferred by the Owner separately from the ownership interest in the Lot. Any sale, transfer or conveyance of such Lot shall transfer the appurtenant right to use and enjoy the Access Utility Easements subject to the terms of this Declaration. The Owner of each Lot burdened by a portion of the Access & Utility Easements hereby grants to the various Lot Owners immediately adjacent and along said easement area the right of ingress and egress over the Access Utility Easement. Maintenance of the Access & Utility Easement skull be the responsibility of the Association as further described in Article IV, Section 2. Use and restrictions of the Access & Utility Easement shall be as further described in Article V, Section 21. Section 3. Period of Declarant Control. The Association shall be controlled by Declarant until such time as Declarant has sold all Lots in the Property. Alternatively, Declarant may turn control of the Association over to the l ernbcrs at any time prior to selling all Lots if Declarant o desires. wring the Period of Declarant Control, Declarant may make and record any additions or changes to this Declaration as Declarant deems desirable, including but not limited to.annetion of additional phases to the Subdivision. Article III: Voting All members shall be entitled to one 1) vote for each Lot in which they hold the interest required for membership. when more than one person holds such interest in any Lot, the vote for such Lot shall be exercised as such persons among themselves determine, but in no event shall more than one 1 vote be cast with respect to any Lot. DECLARATION OF COVENANTS, CON DITIO NS AND REM I TIO NS OF ASPEN CREED ESTATES Page 2 I2r 5,r (q 922 t' Article IV: Assessments Section I. Creation of Personal and Lien Obligations. The Owner of any Lot or tract by acceptance of a deed or Contract for purchase of any Lot within the Property, whether or not it shall be so expressed in said deed or contract, is deemed to covenant and agree to be a member of and subject to the assessments and duly enacted By -Laws and other rules of the Association. All assessments, together with interest at a rate not to exceed the highest rate allowed by Montana law) as computed from tha date the delinquency first occurs, late charges, costs, and reasonable attorney's fees, shall be a charge on the land and shall be a continuing lien upon the Lot against which each assessment is made, and the Association may file and/or record a lien against any Lots' for which there is a delinquency for amounts owed for assessment(s) against any Lot(s) or oared by the caner s' of any of(s). Each such assessment, together with interest, late charges, costs, and reasonable attorney's fees, shall also be the personal obligation of the person who was the Owner of such Lot at the time the assessment arose, and his or her successors in interest shall be jointly and severally liable for such portion thereof as may be due and payable at the time, of conveyance. Section 2. Purpose of Assessments. The assessments levied by the association shall be used exclusively for the benefit of the Association, for purposes including but not lirnuited to the following: a. Road maintenance and improvement of private internal roadways shown as the Townhouse Access & Utility Easements on the P1at Map, including snowplowing, erosion control, grading, graveling, maintenance of storm drainage and culverts, and general repair and upkeep. b. Underground utilities maintenance as required; except that individual Lot Owners shall be responsible for maintenance of underground utilities installed by them. c. Incidental expenses incurred by the Association such as legal fees, stationary, stamps, ,nailing costs, etc. d. Upkeep, maintenance and conservation of Common Areas, including the eradication and control of noxious weeds - Section 3. Uniform Date of Assessments. Both annual and special assessments for all Lots shall be assessed on an annual basis. Both annual and special assessments must be a fixed uniform rate for each Lot regardless of sine or use. Each Lot shall be assessed are equal, pro -rasa share of any special assessment. Section 4. Assessments. DECLARATION of COVENANTS. CONDITIONS AND RF-STR[CTIONS ( ASPEN CREEK E'3'A"' aoo�zs� j �32�' Assessments Shall be annual or special. Both the annual and the special if army) assessments shall be fixed periodically by the Board of Directors of the Association. Payment of all assessments shall be in periodic installments at such intervals as established by the Directors of the Association in keeping with the Bylaws thereof. Section 5. Commencement of Assessments. The initial assessment shah be 150l ear per Lot, and may be increased or decreased by Declarant during the Period of Declarant Control as defined below). After the Period of Declarant Control, the Board of Directors shall fix the mount of each (A annual or "special" assessment against each Lot. Written notice of the assessments shall be sera to every wrier subject thereto, The clue dates shall be established by the Board of Directors. The Association may issue certificates setting forth whether the assessments on a specified Lot have been paid. A reasonable charge may be made by the Board for the issuance of these certificates. Such certificates shall be conclusive evidence of payment of any assessment therein stated to have been paid. There shall be no assessments owed for any Lot owned by Declarant until Declarant sells such Lot, Upon sale by Declarant, the purchaser shall owe a pro rata share of the annual dues that have been assessed for the year in which the purchase tapes place. Section 6. Nonpayment of Assessment. Any assessments or installment payments on assessments, which are not paid when due shall be delinquent. If not paid within thirty 0 days after the due date, the amount shall bear interest frorn the elate of delinquency at the rate of TWELVE 1 ) percent, per annum. The Association may bring an action at law to recover delinquent assessments, accrued interest, costs and expenses in connection with bringing a legal suit, including reasonable attome r fees, and may bang equitable actions to foreclose assessment liens against Lots. Article : Protective Covenants The following Protective Covenants are designed to provide a uniform plan for the development of the herein above described property and to ensure the best use and the most appropriate development and improvement of said property; tv protect the owners o the property against such improper use of the property as will depreciate its value, to preserve, so far as is practical, the natural beauty of said property; to guard against the erection thereon of structures built of improper or unsuitable material; to insure the highest and best development of said property; to encourage and secure the erection of attractive homes thereon; to secure and maintain property setbacks from rows and adequate free space between structures, and, in general to encourage the development of said property for country residential living and thereby to enhance the value of parcels of land and improvements made thereon by purchasers of said land. All construction and development must comply with all terms and conditions contained on the final plat. Section 1. Architectural Review Committee. DECLARATION OF COVENANTS. CONDITIONS AND RESTRICTIONS OF ASPEN CREEK ESTATES Page 20Os251 j 4 320 The "Architectural ReviewCommittee"' (the "ARC") shall consist of the Board of Directors of the Association, or a special "Architectural review Committee )I of at least three 3) or more persons appointed by the Board, at least one of who must be a member of the Association, Section 2. Architectural Control. All Owners intending to construct any type of structure whatsoever upon any Lot shall first subrrrit their plans and specifications, in w ting, to the ARC. o structure, including but not limited to a fence or gate, shall be erected, placed, or altered on any Lot until the construction plans and specifications along with the proposed site thereof have been approved in writing by the ARC as to the duality of workmanship and materials, harmony of external design with existing structures, and location of the structure with respect to topography and finish grade elevation. IL he complete Desi gn Review Guidelines (the "Guidelines") are attached hereto as Exhibit " " and are incorporated herein as additional Protective Covenants by this reference. As provided within the Guidelines, approval or disapproval by the ARC must be in. writing. In the event the ARC fairs to act within thirty ( days after the proposed plans and specifications of any structure have been submitted, in writing, the pertinent provisions of this Declaration shall be deemed to have been fully complied with. Section 3. Land Use. A. Lot shall only be used for a single family or townhouse dwelling, and no business, trade, or manufacture shall be conducted thereon, except for home occupations of a professional nature that do not increase traffic, noise or create a public nuisance. No motorized watercraft may be launched or landed in any stream. Lots 39 and 40, however, are Commercial Lots and are exempt from the provisions of this Declaration except for Section 5, below, which specifically addresses the Commercial Lots. Section 4. Subdivision of Property. o Lot within Aspen Creep Estates may be further divided or subdivided, or any fractional portion thereof sold or conveyed so as to be held in divided ownership. However, this shah not prohibit property line adjustments between adjacent Lots, subject to approval by the Association. Notwithstanding these conditions, after completion of construction on both Lots, the A & B Townhouse Lots may be conveyed individually. Section 5. eciar nt's Reservations. Declarant hereby reserves the right to use the roadways within the Property for ingress and egress for future access to adjoining properties to the west and east as adjacent subdivisions are developed. For example, the area at the end of Kara Drive that may be initially shown as a cul-de-sac will ultimately become a through .street to the adjacent subdivision to the east (if so required by the City of Kalispell. Declarant also reserves the right to add additional land to the Property, and bring additional Lots into the Association, at any time. DECLARATION of COVENANTS, CONDITIONS AND RESTRICTIONS of ASPEN CREEK ESTATES paaa 20OG251/Q�20 Section 6. Leasing of Dwelling Units and Lots. (a) Definition. "Leasing" or "' enting" for purposes of this Declaration, is defined as regular, exclusive occupancy of a Dwelling Unit or Lot by any person or persons other than the Owner for which the Owner receives any value, consideration or benefit, including but not limited to a fee, service, gratuity, emolument, or consideration of an kind. (b) Dwelling Units and Lots may be rented only in their entirety and to one family only; n fraction or portion thereof may be rented. All leases shall be in writing. No Dwelling Unit or Lot may be leased for less than one month. Section 7. Building Type. { o residential building shall be erected, altered, placed or permitted to remain on any Lot other than single family dwellings on single family lots and townhouses on the TownhouseLots. b) All structures shall be constructed of new materials in place on the Lot. However, suitable used materials such as used brick or beams may be utilized provided that advance approval has been obtained from the ARC as herein provided. No structures may be moved onto or relocated on the property. The ARC may, in its sole discretion and on a case by case basis, allow the use of portions of strut€ores that have been newly constructed off site. c) All primary structures shall have permanent foundations. d No house trailer, modular hone, mobile home or tent, or any other pre 'abricated structure designed to be hauled or moved on wheels, shall be maintained on any Lot. e No structure shall have are exterior surface of tarpaper, vinyl siding, metal or cinder block, except that asphalt shingles and colored metal may be used as roofing materials. f) Chimney design and construction for each dwelling shall be such that it provides for and contains a spark arresting device. . g The exterior of a construction must be completed within twelve f) months after commencement thereof. The exterior of a dwelling must be completed before occupancy will be permitted, ( All house numbers will be visible from the road either at the driveway entrance or on the house. 0 o renovations, remodelinar, or alterations in the exterior, roofing, or configuration of an existing structure shall be commenced until plans for such changes have been approved in whiting by the ARC. Section 8. Building Size of Dwellings. D CLARATION OF COVENANTS. CONDMONS AND RESTRICTIONS of ASPEN CREEK ESTATES Page 7 zOos251 141-,�?2O The ground floor of finished living area of the main structure, exclusive of open porches, basements and garages, shall be not less than 1,000 square feet for single family homes and 0 square feet for each side of a townhouse. The total square footage for all above ground floor levels must be at least 1,500 square feet for single family homes and 1,200 square feet for each side of a townhouse. The structures erected on Lot I through Lot 6, inclusive, shall be of one 1 story with a daylight basement facing westerly. Section 9. Setback Lines. Setbacks for structures shall be measured from the ewes of the buildings, and shall be a follows (with the exception of the zero lot line required to achieve the townhouse configuration): Single Family Lots Townhouse Lots Front Yard: 20 Feet Front Yard; 20 Feet Side Yard: 10 Feet Side 'hard: 5 Feet Rear Yard: 10 Feet Rear Yard: 20 Feet Side Corner: 20 Feet Setbacks for townhouses accessed via an interior street shall be measured from the edge of the roadway. In addition, structures must be set back a minimum of 20 feet from the established vegetation line of any creek. Adjacent acent to the asphalt street and part of the City of Kalispell public right of way are a five (5) toot landscape boulevard, the sidewalk, then a six 6 foot landscape boulevard along each Lot boundary lire. Each Owner shall be responsible for maintenance of both the five foot and six foot landscape boulevards adjacent to their respective Lot. Section 1. Fences. Fences (including gates) will be permitted to provide privacy or safety for a play area, patio, or pool. No fence shall exceed 6 feet in height, and must comply with all rules and regulations of the City of Kalispell. No fence or gate of any kind, whether for privacy, safety or boundary purposes* shall be constructed on a Lot until after the height, type, design and approximate location thereof shall first have been approved by the ARC in writing. All fences and gates are to be of natural material and no chain link, metal or barbwire materials will be permitted, except for ornamental metal gates that have been approved by the ARC in writing. However, security gates and fencing can be utilized only during a period of construction of a residence and may be excepted during the peTiod of construction for a period not to exceed I year. if first approved by the ARC. Section 11. 'Frees, 1)ECLARATION OF COVE NANTS, CON DMONS AND RESTRICTIONS of ASPBN C REEK ESTATES Pagge 20ms251 fq/-3,2,0 The ARC must approve the cuffing down of trees greater than four (4) inches in diameter, with the exception of clearing for a building site or driveway, improving timber growth, enhancing building site views, and to control fire danger. Section 1. Sewage. No individual sewage disposal system shall be permitted on any Lot. Section 13. Garbage. All garbage cans used in connection with any dwelling erected upon the above -described premises shall either placed in an enclosure completely screened from view, or if the duelling has a garag� e rather than a carport, the garbage ma e kept in the garage. o garbage cans shall be maintained which are not of a suitable type and which do not have a cover sufficient to prevent the escape of any noxious odors from such cans. Proper prevention Faust be taken to peep bears, dogs and other animals from feeding from garbage cans. Section 14. Refuse. o part of the property shall be used or maintained as dumping ground for rubbish, trash, garbage, unused automobiles or other wastes of an unsightly nature. No hazardous waste of any kind shall be dumped or stored on any Lot. Section 15. Vehicles. les. No mobile homes, truck exceeding 2 112 tons in capacity, trailers, or unsightly vehicles shall at any time be parked or allowed to remain on any of said Lots or along roadways. Camper trailers, ' 's, pickup truck carrying campers, campers for pickup trues not in use, boats and boat trailers and motor homes will be permitted only if stored in a garage or stored so as not to be an eyesore. Section 16. Wildlife. It is the intention of the Declarant to protect and encourage the abundant wildlife that exists in the area and to encourage co -existence of man and animals, so to that end no hunting or trapping will be allowed on any of the property. Scotian 17. Nuisances. No noxious or offensive activity shall be carried on or permitted upon any of the Property, nor shall anything be done thereon which may be or may become an annoyance or nuisance to the neighborhood; nor shall the premises es be used in any way or for any purpose which may endanger the health or safety of or unreasonably disturb the presidents of any Lot. Outdoor barbecues are not considered nuisances under this section. Section 18. Vets, Animals., and Livestock. DECLARATION OF COVENANTS, CONDMONS AND RESTRICTIONS of ASPEN CREEK ESTATES Page 2006251 j 4bW Dogs, cats or other household pets are permitted, provided that they are not kept, bred or maintained for any commercial purpose. All dogs must be leashed or fenced in, and not allowed to create a disturbance or threat, No horses, livestock or other animals may be kept on any lot. Section 1. Utilities. Underground utilities are provided along roadways. The Owner of each Lot shall pay all utility connecting costs from their structure to the main utility lines. Section 20. Water System. Each lot Owner shall pay all costs of connecting to the municipal water mains that are installed along the roadways, and shall pay the costs of connecting water lines from their structure to the ruin water line. Section 21. Private Roads. The Association skull be responsible for maintenance of all private roadways within the Property (Townhouse Access & Utility Easements) including snowplowing, erasion control, grading, graveling, maintenance of storm drainage and culverts, and general repair and upkeep. hidividual lot Owners small be responsible for maintaining their driveways. There shall be no parking or structures allowed within the Townhouse Access & Utility Easements area. These roadways must be kept open for emergency access to all Townhouse sots. .inasmuch as utility lines run through these areas, each Owner of a Townhouse Lot s houId take this into consideration with their design plans. Any and all construction or repair activity within the Townhouse Access & Utility Easement areas shall require prior written consent of the Association and/or ARC as applicable. Section 22. Homeowner's Parks. The Common Areas are for the use and enjoyment of all Owners, and all Owners have the right to the concurrent peaceful and quiet enjoyment thereof. No Owner or their guests shall make such noise or commotion within those areas to create a nuisance. There shall be no storage allowed by any individual Owner within those areas, nor may any garbage or refuse left there. Section Z3. Commercial Lots. Lots 39 and 40 are Commercial Lots and are exempt from the provisions of this Declaration except for this Section. The Commercial component of the subdivision shall not be developed until a nunirnum of 0% of the subdivision has been occupied by the residents. The architecture of the Commercial structures shall be of a generally residential character with particular attention given to internal access, low level lighting, adequate landscaping, unobtrusive signage and limited hours of evening operation. Any proposed Commercial structures shall be reviewed bar the City o Kalispell Site Development Review Committee. DECLARATION OF COVENANTS, COMOMOXS AND RESTRICTI0 5 OF ASPEN CREEK ESTATES PagC 10 20os251 1 43W Article I: Enforcement Section 1. Interested Parties. The Association or any Owner shall have the option and right to enforce, by any proceeding at law or in equity, all restrictions, conditions, covenants, reservations and charges now or hereafter imposed by the provisions of the Declaration. The method of enforcement may include proceedings to foreclose assessment liens, proceedings to enjoin violations, proceedings to recover damages, or any combination of proceedings. Failure by the Association or by any Owner to enforce arty such provision shall in no evert be deemed a waiver of the right to do so thereafter. The prevailing party shall be entitled to recover its costs and expenses in connection therewith, Including reasonable attorneys fees. Section 2. Severability. Invalidation of any one of these covenants or restrictions by judgment or court order shall in no way affect any other provision, which shall remain in full force and effect. Article : Ter The provisions of this Declaration shall be binding for a term of twenty ( 0) years from the date of this Declaration, after which time the Declaration shall be automatically extended for successive periods of ten 10 years unless amended pursuant to Article VIH herein. Article III: A mendruent and Annexation After the Period of Declarant Control, this Declaration may be amended by a two-thirds ?l Grote of the membership and by recording n instrument sided by the President of the Association certifying that the Owners of at least tyro -thirds / of the mots have voted in favor of such amendment, and with the approval of the Board of County Commissioners, Such amendments may include the annexation of additional property into the Association. Article XI : Construction and Binding Effect This Declaration shall be construed pursuant to the laws of the State of Montana and shall be binding upon the heirs, successors and assigns of Declarant and all Owners. Time is of the essence. in comptying with this Declaration. This Declaration should be broadly construed to accomplish their intended purpose to promote a high quality development in harmony with its surroundings and the natural environment. IN WITNESS WHEREOF, Declarant has executed this Declaration the day and year first above written. DECLARATION OF COTENANTS. CONDITIONS AND RESTRICTIONS OF ASPEN CREEK ESTATES Pace, I I 2006251 i q32O Kalispell Bowser Creek Associates, LLC, a Montana limited liability company y: VP1, Inc., a California corporation, IIar I.: -Aer Its: Vj R4fZ ( . STATE OF CALIFORNIA IA COUNTY OF SAN FRANCI C n b - --� before me, ---., � � c.{� r a Notary Public in and for said County and State, personally ;appeared for LPee , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) who name(s) islare subscribed to the within tnstrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal,A, ft AL m- D014 CEZ •,�... ommWlon 1468942 �#Notary Pubiic - Calltomia San Francisco County MVComm. Exp1res Feb S, 2008(For noiary sent or sramp) DE LARAT]ON of COVENANTS. CONDITI AND RESTRI TIO S OF ASPEN C REE K ESTATES Page 12 200G25114"5-2-0 EXHIBIT "A" Legal Descri Lion Phase I A, tract of land located in the Northeast quarter- of the Northeast quarter of Section 11, Township 2 North, Range'_)') West, Principal Meridian, Montana, Flathead County, Montana., being more particularly described as follows: Commencing; at the Northeast corner of the Northeast quarter of the Northeast quarter of Section 11, Township 28 North, Range 22 west, Principal Meridian, Montana; thence 04°54'?9" ' along the Fast line of said quarter, quarter section, 59.94 feet to the Northeast comer of Tract 2 of Certificate of Survey No. 15888, records of Flathead county, and the POINT -OF -BEGINNING; thence 04°5'27"T along the Fast boundary of said tract, 11.29 feet to the Southeast corner of said tract; thence 9°30`56"w along the South boundary of said tract, 474.71 feet; thence N35*33'34"E 49.44 feet; thence N34"31'43"F 69.52 feet} thence '550 ?'35"W 108.46 feet; thence I34°57" 5"22.50 feet; thence i15" "07"W 51.93 feet; thence 1 55'02'35"w 78.92) feet; thence northerly along a non - tangent curve, concave to the West, having a radius of 10.00 feet, a central angle of 0910'23", chord b afing of NO1 `31' 9"W and a chord distance of 28.37 feet, an arc length of 8A0 feet; thence N06002' 20"W 2722.97 feet; thence 77°5 '25"w 60.36 feet; thence Northwesterly along a non-t ng"ent curare, concave to the Southwest, having a radius of 100.00 feet, a central angle of 5 ° 13'05", a chord beanng of 1 33'00t �rW and a chord distance of .o feet, an arc length of 91.14 feet; thence 1 5 006'52"W 43. 10 feet, thence northwesterly along a tangent curve, concave to the Northeast, havinor g a radius of 170.00 feet and a central angle of 3°29'3", an arc length of 90.48 feet; thence 1 7°26'3 "W 177.89 feet to a point on the westerly boundary of said Tract ; thence 1 56°4 '16"E along said boundary, 64.06 feet; thence 02'47'5 "E along said boundary, 375.21 feet to the Northwest cornet- of said tract; thence I 9'54`57"E along the North boundary of said tract, 475.22 feet; thence 05°50'17"E along said boundary, 12.03 feet; thence 9°5 r39"E along said boundary, 521.62 feet to the POINT -OF -BEGINNING, containing 19.227 acres. DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS OF ASPEN CREEK ESTATES 2006251j v3210 EXHIBIT " " DESIGN REVIEW GUIDELINES ASPEN CREEK ESTATES SECTION — DESIGN RE'' The Architectural 1 evtew Committee Al has been established to ensure that development in ASPEN CREEK ESTATES conforms to these Design Review Guidelines (the "Guidelines 11), The AR 's objective is to encourage good stewardship of the land and sensitive architectural expression that reflects high quality and attention to detail. The ARC is responsible for reviewing and approving all development within ASPEN CREEK ESTATES, from concept to completion. This includes, but is not limitcd to: All new building & site development. w Any proposed revisions to previously approved plans, prior to or dunna construction, Any renovation, expansion or refinishing of the exterior of a new structure. Any proposed revisions to Building Envelopes The ARC process has been designed to encourage dialogue with Owners and their design team early in the evolution of their plans. The process is intended to be constructive, not adversarial or unnecessarily restrictive. As Owner, you shall ensure that your development team complies with the following general requirements and design review process to assure ASPEN CREEK ESTATES of your commitment to respecting the community within which you are building. The ARC reserves the right to amend these Guidelines, or to grant exceptions or variances to any of these Guidelines if a special case can be demonstrated. Your design documentation should be prepared by a qualified architect or residential designer, with engineering input (geotechnical, structural, mechanical, civil...) as required. SECTION B -- SITE DEVELOPMENT GLITPELINES It is the intent of these Guidelines to reinforce the City of alispell's Design and Construction Standards and Kalispell Subdivision Regulations. Each project must incorporate Kalispell's standards into its design. .I THE BIDING ENVELOPE The Building Envelope is the portion of each lot within which all improvements must be built and confined therein except for driveway locations approved by the ARC. A. Building Envelope DECLARATION OF COVENANTS, CONDITIONS AND RES7RICTIONS of ASPEN CREEK ESTATES Exhibit ."B" Paagge I 2006251I q!5fZ0 has been identified for each lot based on the setbacks as noted in the Covenants, Conditions and l esffiction . P.? GRADING AND SITING Residences should be designed to fit the existing topography of the property without excessive manipulation of the site by cut or fill. Char gee in the natural grade by cutting or filling for structures, walks and driveways mint be kept to a minimum to preserve the existing landforrn. General siting and grading principles are as follows: 1. The finish grade around the residence and any site walls should remain as close as possible to the original natural grade. . Grading may be done outside the allowable site coverage area for driveway access and site drainage. 3. Screen walls, walls not supporting a building structure or retaining earth, may not Cl exceed six feet in height measured from finish grade along the exterior side of the enclosure. B.3 LANDSCAPE AND IRRIGATION It is the intent of ASPEN CREEK ESTATES Design Guidelines to integrate, compliment and blend in the landscape of each individual Building Envelope with the landscape of the community. The community landscape maintains a proportional relationship of grass and turf areas to shrub areas of the least 5:1. Each property owner- s landscaping shall maintain a proportional relationship of grass and turf areas to shrub areas of at least :1. Essentially, this means that, at a minimum, approximately I of the landscape is allocated to shrub areas. Drainage of individual properties must work with the existing topography and be directed toward the natural open space or drainage swale systems, developed in conjunction with the roadways. All landscaping plans must be approved in advance by the ARC. A RIGHT GP WAY LANDSCAPING Adjacent to the asphalt street and part of the City of Kalispell public right of way are a five ) foot landscape boulevard, the sidewalk, then a six foot landscape boulevard along each Lot boundary line. Each Ginner shall be responsible for maintenance of both the five foot and six foot landscape boulevards adjacent to their respective Lot. All €andcaping plans or changes to landscaping in these right of way areas must be approved in advance by the ARC. .5 FENCES The side and rear yard fence shall be no more than six feet in height and extend from the rear property comer to within 5 feet of the face of the residence or garage. All fencing mast be approved in advance by the ARC. DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS OF ASPEN REEK ESTATES Exhibi[ `.B" Pale ? 20062511 q520 1 .6 DRAINAGE Where construction and development will obstruct natural drainage patterns, surface runoff should be carefully redirected to existing storm drains. 1 .7 SWD4MING MODES/SPAS Owners can construct swimming pools or spas within the property's Building Envelope. E. 8 PETS Dog runs and animal pens ,must be enclosed. To protect birds and wildlife, dogs mast be accompanied and on a leash at all times when outside the lot, except when accompanied by a lot owner in the park area, subject to any rules and regulations that may be adopted by the Homeowners Association. B.9 TRASH CONTAINERS All outdoor trash containers must be approved covered containers, and must be stored within the Building Envelope. B. 10 EXTERIOR LIGHTING Site lighting is defined as lighting mounted on the building, around trees or on site walls for the purpose of providing security, decorative accent or functional lighting to outdoor spaces. l uildin� mounted lighting is defined as lighting built into or attached to buildings on galls, ceilings, eaves, soffits, fascias. Street lighting is provided and should be considered in your exterior lighting plan. Thefollowing guidelines for residential site Iightin have been established. Site lighting must be directed downward onto vegetation or prominent site features, and may not be used to light wall or building elements. Up lighting more than 45 degrees above the horizontal is prohibited and lighting aimed between zero and 45 degrees above horizontal must be directed toward the interior of the lot upon which it Is located. Building mounted lighting must be directed downward away from adjacent lots, streets and open spaces, and may not be used to light walls or building elements for decorative purposes. Ground lighting must be directed toward the interior of building foot print and not onto other lots or open areas. . All exterior lighting must provide for significant shielding to ensure that light sources and lamps are not visible from, other properties, from roads or from off - site; no bare lamps will be pennitted. Recessed lights in exterior soffits, earns, or ceilings shall have the lamp recessed a minimum of " into the ceiling. DECLA RATION of COVENANTS, CON DI `ION S AN D RESTRIC IO S OF ASPEN C [LEEK ESTATES Exhibit "B" Page 2006251 (q3QD , Only incandescent lamps with a maximum wattage of 75 watts will be allowed for exterior lighting unless specific approval is received from the ARC. Low voltage lighting is recommended since these fixtures are typically small and canbe easily concealed within the native vegetation. Colored lights will not be allowed for exterior lighting, 5. No lighting will be permitted in setback areas or outside the areas enclosed b patio or building galls. Site lighting must be confined to areas enclosed by wails or be in the immediate vicinity of the rain entrance or outdoor living spaces of the residence. . Lights on motion detectors for the purpose of security illumination are prohibited but may be allowed subject to specific approval or the ARC if the lights so activated do not illuminate adjacent properties. If allowed by the ARC, these lights will only be allowed to operate on a motion detector and stag lit for a maximum of 5 continuous minutes. Security lights of any type or location must still meet the requirements of shielding the light sources, and the light sources may not be visible from Inoighboring property. If problems with these lights occur, the ARC reserves the right to demand that the fixtures be disconnected. Care must be taken to avoid setting off the motion detector by the motion of vegetation. Generally the motion detector's range should be limited to the Building Envelope area. These lights will not b allowed to operate for the purpose of general illumination. B.I1 ENTRANCE DRIVEWAYS Dnveways shall be a maximum width of eighteen 1) feet and shall intersect the street preferably at a right angle, but at a Minimum angle of 70 degrees. The five foot area between the asphalt street and sidewalk shall be of concrete only to provide uniformity along the street access. The driveway finish (beginning beyond the sidewalk) shall be subject to ARC review and approval for any material other than concrete. The ARC may, at its sole discretion, approve up to, but not exceeding two ) driveway entrances. I. Per the City of Kalispell Construction Standards: a. Where the driveway crosses the five foot landscape boulevard and sidewalk, these areas will be removed and replaced with 6" thick concrete on 6" gravel base. b. The sidewalk replaced shall meet the ADA standard, i.e. the cross -slope shall not exceed 2co_ . The front of the sidewalk at either edge of the new driveway shall be placed a minimum of five feet from the back of curb, except in areas where the sidewalk exists against the back of curb. ? The 0 caner or their representative is required to contact the City of Kalispell Public Works Department for inspection of the sidewalk replacement and driveway after the forms are placed and prior to installing concrete, DF-CLARATiON OF COVEANTS. CON DMON AND RE TRICTIQNS of ASPEN CREEK ESTATES Exhibit " „ Page 2006251 ( q�2-6 B.12 ADDRESS IDENTIFICATION Individual address identification devices for each approved residence must be installed according to the City of Kalispell standards. No monument signs are allowed. SECTION C — BLULDING DESIGN GUIDELINES The building design guidelines are to assist you in realizing are architectural solution that belongs in Aspen Creep Estates. There will be a focus on strong roof form, wall, base and all elevation images. These design principles will apply to all structures. Good design is also being a good neighbor in the planning and architecture of your development. The building form and mass i to respond and conform to the existing grade and site conditions. C.l DESIGN CHARACTER These guidelines do not intend to dictate architectural style of design although all designs must be of a character appropriate to the guideline_ The design character should create a residence that blends with its environment instead of standing out against it. The design character of a residence should be considered uniformly from all sides, not just the front or rear elevations, and all elevations should maintain the same visual integrity, cohesiveness and design detail. Particular attention should be given to the transition from one residence to another. Transition refers to aesthetic aspects as well as to the relationship of the elevation of the respective floor levels and the comparative overall massing of the structures. In order to create an intimate residential scale and not dominate the natural landscape, long, unbroken walls and roofs should be avoided, and vertical and horizontal offsets need to be included. To further reinforce this concern for scale, architectural forms shall be softened by the inclusion of chimneys, balconies, bay windows, appropriate entrance treatments and other such devices. Contractors and lot owners can build the sane plan on other lots provided they are at least three lots apart. The exterior color scheme shall be different on each residence. C.2 BUILDING SIZE build€rig Size: The ground floor of finished luring area of the main structure, exclusive of open porches, basements and garages, shall be not less than 1,000 square feet for single family homes and 800 square feet for each side of a townhouse. The total square footage for all above ground floor levels must be at least 1,500 square feet for single- family homes and 1,200 square feet for each side of a townhouse. The structures erected on Lot I through Lot 6, inclusive, shall be of one I story with a daylight basement facing westerly. C.3 EXTERIOR DESIGN DEQLARATIoN 0FCOVENAk T , CONDITIO 1 AND RESTR ICTION S of ASPEN GREEN ESTATES Exhibit `.B" Page 20,06-25-1 Roof shape and character is important to avoid vertical monotony. Slopes of 6/12 or greater are to be considered for dominant roof elements and gable ends. Gentler roof pitches can be integrated for background and less conspicuous connections. Alternative conf crurations may also be considered to balcony roofs and dormers of all sizes as these contribute to the human scale. This is encouraged to provide a texture and an apparent reduction of the built mass. All overhangs and projections shall be a minimum of 16", Mansard and flat roofs are prohibited. o trim -less metal windows are allowed. The ARC strongly recommends that sloping roofs be designed a sheltering and shading elements, normally with broad overhangs and strong shadow lines. Thin edges or thin fascias should be avoided. Sloped roof materials should be textural with very dark or deep color tones. Roof surfaces must be non -reflective and, in the opinion of the ARC, not visually objectionable from neighboring properties and roads. The composition of roof forms should be carefully considered. The placement of the various pipes and vents that penetrate the roof should be considered. Combine them ire the at c space and project through roof in a common enclosed stag when possible. Where it is practical, place stacks on the roof away from the side of greatest visibility. All roof gents are to be colored to match the dominant roofing materials. C,5 COLORS I, on -reflective materials are to be used, including non -reflective glazing Z. Color selections shall be reviewed by the ARC but preference will be given to earth tones, a range of off-white, light gray, light brown, green or related each tones. Other tones may be alloyed on a case -by -case basis. . Materials for roofs may be sculpted architectural asphalts flat concrete or fiber -cement tile, slate or other out stone. Metal or wood shake roofs are not permitted, unless specifically approved by the ARC. . Material for walls may be stained wood or wood, painted fiber -cement lap siding and stone. Cultured stone is permitted in out of reach areas on upper floors or for example for chimney cladding. Colored stucco may be incorporated for very small areas as an accent only. C.6 MATERIALS — EXTERIOR SPACES n order to impart a sense of solid, substantial construction and to avoid a tacked -on, thin veneer look, material changes should terminate at a logical inside comer, plan shape change or at a m'or wall opening. Changes at outside corners should be avoided. Exterior stone material should be continued down to the finish grade, thereby eliminating unfinished foundation walls. C.7 BIDING PROJECTIONS All projections from a building including, but not limited to, chimney caps, vents, Cutters.. scuppers, downspouts, utility boxes, porches, railings and exterior stairways shall match the DEC LARAMN of COVE NANTS, CON DITIO S AND RBSTRICTIO NS of ASPEN C REE K MATES Exhibit "B" Page 2ooG2si 145'2-0 color of the surface from which they project or be an appropriate accent color, unless otherwise approved by the AFDC. All building projections must be contained within the Building Envelope. C.8 ANTENNA/SATELLITE DISCS Antennas are restricted to interior attic applications only. Satellite dishes may be used if discretely located on the building, and a maximum '? " diameter, Large ground mounted satellite dishes are prohibited. C.9 SERVICE YARD Ali above -ground garbage and trash containers, clotheslines, mechanical equipment, and other outdoor maintenance and service facilities must be completely screened from adjacent lots, streets, or common spaces by walls, fences, and gates, at least one I foot higher than the equipment. Gates, or a " maze" entry that provides complete screening, shall be required around all mechanical and pool equipment enclosures. C-10 GUEST HOUSES, GUEST SUITES AND ARCESSORY BUILDINGS Any accessory building shall be addressed on the site plan as submitted to the ARC for approval. Accessory buildings are only allowed in the Building Envelope. Such structures must be designed as an integrated visual element with the residence, and should be visually related to it by walls, courtyards, or major landscape elements, All accessory buildings must be approved in advance by the ARC and must in compliance with applicable City of Kalispell building guidelines, C. I I STORAGE TANKS o fuel tanks, water tanks or similar storage facilities shall be allowed. C. 12 TRAILER AND BOAT STORAGE All trailer and boat storage shall be within the side property setback and the garage. l�encir�a and/or heavy landscaping are encouraged to soften this impact. Motor hones and trailers larger than 19' shall not be allowed to park on the lot or right-of-way, SECTION— REVIEW AND APPROVAL PROCESS The conditions of approval unposed by the City of Kalispell for Aspen Creek Estates Subdivision require a letter of approval to be submitted to the City of Kalispell Site Development Review Committee from the ARC prior to the issuance of a building permit. The process for obtaining said approval letter is outlined herein. I. I CONCEPTUAL FLAN REVIEW DECLARATION of OvE ANTS, CONDMONS AND RESTRICnONS of ASPEN CREEK ESTATES Exhibit `. " Page 7 200-G251 14"5'Z-O conceptual plan r-evjew is required to confirm the design incorporates all site requirements relative to the lot location uilding Envelope plan. �� will assist to clarify the application of the design uieline, r�vie�vapproval process, development intent and schedules. In order to initiate, conceptual !an review, the �tr prnent procedures and I� Owner or ne,rr re -Presentative shall submit a site plan, floor plan and two elevation views to the ARC. In addition, the Owner or Owner's representative will meet With the ARC. The ARC will provide its written d te=ination concern In the conceptual plan within fourteen 14 days of submittal and the conce, tua 'l meeting, I-ie e,te ina ton may include comments from the, conceptual meetingfor- the designer's use in preparing the final submittal. .? DETAILED I L PLAN REVIEW In order to initiate final plan review. the Owner shall submit all information that needs to b provided to the City of Kalispell in an effort to obtain building Permits. Additional information may be required (such as samples of paint, siding, roofing, exterior lighting plan, etc. at the discretion of the ARC. The will provide its written dete ination c P g � plans within thirty d of su mitt 1. acorn fete submittals rill onee n n0 the final P be returned and this review per ud will begin again. N construction or site preparation Inay begin until final written approval has been obtained. The City o Kalispell will not issue building permits �v�tot�� an approval letter From the ARC. p .3 COWLETION Completion in these guidelines means the completion of inteor build out a approved f occupancy by the City of Kalispell) and the complete exterior of the development in lu a for hard and soft landscaped areas. 'There will be a final inspection held at d�r�� all with the, I after acceptance, by the City of Kalispell. p e request of the builder y p The Owner shall submit a coPy of the City of Kalispell's Certificate of Occupancy to the Homeowners Association. [End of Design Revie1v Gjidelillesl DECLARATION OF COVENANTS. CONDMONS AND REMICTIONS OF ASPEN CREEK ESTATES Exhibit "B" Page 8 A11 F R RECORDrNG RETURN T- ALISPELL BOWSER CREED ASSOCIATES, LL t 2 1 Spear Street, Suite 2 50 San Francisco, CA 9410 AMENDMENT DECLARATION of COVENANTS, CONDITIONS AND RESTRICTIONS IoNS ASPEN CREEK ESTATES THIS AMENDMENT #1 TO THE DE LA.R.ATIO Ole COVENANTS, CONDITIONS AND RESTRICTIONS (the "Amendment"') is made this 11 th day of April, 2008, by Kalispell Bowser Creek Associates, LLC, a Montana limited liability company "Declarants'). WHEREAS, Declarant has entered into that certain Declaration of Covenants, Conditions and Restrictions of Aspen Creek Estates dated as of August 30, 2006, recorded on September 8, 2006 as Instrument No. 2006251-14320 of Official Records of Flathead County, State of Montana (the "'Declaration"); WHEREAS, pursuant to Article 2, Section 3 of the Declaration, Declarant maintains control of the Association aid is therefore authorized to make and record any additions or changes to the Declaration as Declarant deems desirable, including but not limited to annexation of additional phases to the Subdivision; VMEREAS, Declarant desires to annex an additional phase to the Subdivision by the recordation of that certain Plat of Aspen Creek Sul d1 ision — Phase 2 the "Phase 2 Plat Map"' to be recorded concurrently herewith; VMEREAS, as a condition of approval to record the Phase 2 Flat Map, Declarant is required to make certain amendments is to the Declaration and desires to comply with said requirements through this Amendment; NOW THEREFORE, Declarant does hereby establish. this Amendment to the Declaration upon which and subject to which all Lots and portions of sots within said Property as amended herein.) shall be improved or sold, and does hereby declare that the Property is and shall be held, transferred, sold and conveyed subject to the covenants hereinafter set forth in this Amendment, all of which shall run with the land and will be binding upon all successors in title of Declarant. Article 1: Definitions Except as separately defined or amended herein, capitalized terms used in this Amendment shall have the meaning set forth in the Declaration. C`LA.RATI VE: A TS, CONDITIONS AND RESTRICTIONS ASPEN CREEK TAl"EiS Page Section 3. is hereby amended as follows: "Common Area" and "onu-non Areas'' shall mean and refer all real property owned by the Association for the common use and enjoyment of the Owners. The Common Areas of the Subdivision shall mean Homeowners Park No. 1, Homeowners Park No. 2, Homeowners Park No. 3 and the Recreational Area, all. as shown on the Fiat Map hereinafter defined). Unless the context clearly indicates a contrary intent, any reference herein to the "Common Areas" shall also include any Common Facilities located thereon. Section 9. is hereby amended as follows: "Plat ate " shall mean . and refer to that certain Plat o. Aspen Creek Subdivision — Phase 1, recorded August 9, 2006 under Reception No, 200622113410, records of Flathead County, Montana, and that certain Plat ofAspen Creek Subdivision — Phase 2, recorded tinder Reception No. records of Flathead County, Montana. Section 10. is hereby amended as follows: "Pr ert " shall mean and refer to that certain property described above and on. Exhibit ".A- l " attached t rn this Amendment, ent, as may be amended by annexation of future phases of the Subdivision. Article vw Protective Covenants Section 22. Homeowner's Parks -is hereby amended as follows: The Common Areas are for the use and enjoyment of all owners, aid all Owners have the right to the concurrent peacefil and quiet enjoyment thereof'. No Owner or their guests shall make such noise or commotion within hose areas to create a nuisance. There shall he no storage allowed by any individual Owner within those areas, nog- may any garbage or refuse left there. h.e e will be a 50-foot vegetated buffer on both sides of the stream channel within the Homeowner's Far s • Within this buffer zone, native and existing vegetation will not he manipulated, with the exception of pruning dead material, weed control and construction and maintenance of a footpath. The Association will be responsible to maintain the buffer zone in compliance to recommendations by the Flathead Conservation District. Except as expressly amended herein, all terns and conditions of the Declaration shall remain in full force and effect as originally set forth. therein. [signature begins onfollowing page] E1 DECLNRATION OF COVENANTS,. CONDITIONS AND RESTRICTIONS 01; ASPIiN CRI-TX ESTKITS Page IN WITNESS VMEREOF, Declarant has executed this Amendment the day and year first above , written, Declarant: Kalispell Bowser Creek Associates, LLC, a. Montana limited liability company y: VP1, Inc,, a Califomia corporation, its manager y. Naze I Its STATE OFCALIFORNIA On before me, � _,.� � Notary Public, personally appeared who proved to one on the basis of satisfactory evidence to he the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity ies , and that by his/her/their signature(s) on the instrument the persons , or the entity upon behalf of which the pearsou s acted, executed the instrument. I certify under PENALTY OF PERKY under the laws of the State of Califoniia that the foregoing paragraph is true and correct. WITNESS my hand and official seal.. Signature (Seal) AMENDMEJNLT.41 DECLAIZATION OF COVENANTS, CONDITIONS AND Rf-S RU TI 3F ASPEN EEK ESTATES Page 3 EXHIBIT "A-1" Legal...Description Phase I A tract of land located in the Northeast quarter of the Northeast quarter of Section 11, Township 28 North, Range 22 West, ci al Meridian, Montana, Flathead County, Montana, being more particularlypaiticularly described as follows Commencing at the Northeast corner of the Northeast quarter of the Northeast quarter of Section 11, Township 2 8 North, Range 22 Nest, Principal M eridian, Montana; thence S 04'5 429 " W along the East line of said quarter, quarter section, 59.94 feet to the Northeast comer of Tract 2 of Certificate of Survey No. 15888,records of Flathead county, and the POINT -OF - BEGINNING; thence S 4°52"27"W along the East boundary of said tract, 1127,29 feet to the Southeast corner of said tract; thence S 913of5 "W along the South boundary of said tract, 474.71 feet; thence N35'33'34"E 49.44 feet; thence N 4° 1'4 "E 69.52 feet; thence N55002' 5"f 108,46 feet; thence 1 34°57'25" 22.50 feet; thence N1502 " 7"W 51.93 feet; thence N55 ° 2' 5 "W 78.92 feet; thence northerly along a non -tangent curve, conea e to the West, having a radius of 180.00 feet, a oentral angle of 09'02i2 ", a chord bearing of N01 ° 1 "09"W and a chord distance of 28.37 ,feet, an arc l ngth of 28.40 feet- thence N0 ° 2"20"W 272.97 feet; thence S77'5 '25"W 60,36 feet; thence Northwesterly along a non - tangent curve, concave to the Southwest, laving a radius of 100.00 feet, a central angle of 52" 1 "05", a chord hearing of ° "2 "W and a chord distance of 88.02 feet, an are length of 91.14 feet; thence N59' "52 "W 43.10 feet; thence nog hwesterly along a tangent curve, concave to the Northeast, having a radius of 170. 00 Feet and a central angle of 3 0'29'3", an are l ength of 90.48 feet; thence N 7°2 ' "W 177.89 feet to a point on the westerly boundary of said Tract 2; thence 5 °42' 1 6 "E along said boundary, 64.06 feet; thence 02'47'5 8 "E along said boundary, 75.21 feet to the Nortbwet corner of said tract; thence N9°54`57"E along the Forth boundary of said tract, 475.22 `eet, thence S05150'17"E along said boundary, 12.03 feet; thence S 9°5 " 9 "E along said boundary, 521.62 feet to the POINT -OF -BEGINNING, containing 19.227 acres. Phase A tract of land located in the Northeast quarter of the Northeast quarter of Section 11, Township 28 forth, Range 22 West,'Nincipal Meridian, Montana, Flathead County, Montana, berg more particularly de crlbcd asfollows: Commencing at the Southwest corner of Tract 2 of Certificate of Survey No. 15888, records of Flathead county, and the P I T-Off`-BEGIN I G; thence NO2'50#1 VE along the West boundary of said tract, 426.98 feet; thence NO2'47'58"E along said. boundary, 317.12 feet to the approximate thread of a erec t thence along said thread the following eleven 11 courses: N75 °49" 14"E 48.91 feet; N22055'03"E 26.82 feet; N63'08'45"E 45.05 feet; S25'12'47"E 25.9 feet., S43'17'37"E 16.90 feet, S79'37'50"E 54.16 feet, S 1. 0°47" "31.22 feet, 5 °21 "49"E 7.99 feet; N41 °2 '44"E 1.1. 50 feet; N75 ° 7"4 " 24.96 feet; S 7' 1 ' "E 23.5 0 feet; thence leaving said thread N5 '42#1 " 19.05 feet; thence S 7'2 ' 2"177.89 feet; thence southeasterly along AMENDMENT #1 DECLARA14ION OF COVENANTS, CONDITIONS AND RESTRICTIONS OF ASPEN CREEK ESI'ATES E. xhibit "A- I �r Page 1 a non -tangent curve, concave to the Northeast, having a radius of 170.00 feet, a central angle of 30029t3810, a chord bearing of S43'52'03"E and a chord distance of 89.41 feet, are are length of 9 0.4 8 feet; thence S 5 9'06'52"E 43. 10 feet; thence southeasterly along a tangent c r o, concave to the Southwest, having a radius of 100.00 feet and a central angle of '13' ", an arc length of 91.14 feet; thence N7 7' '2 "E 60.36feet; thence So ' 2'20"E 272.97 feet; thence southerly along a tangent curve, concave to the West, having a radius of 180.00 feet and a central angle of ° 2t 3 ", an arc length of 28.40 feet; thence S ° 2'3 " 78.92 feet; thence S1 '2 'o " 1. 3 feet; thence S34° 7'25 "W 22.50 feet; thence S55'02'35"E 108.46 feet; thence S 4'3 '43 "W 69.52 feet; thence S 3 ° 3 ' 3 4" W 49.44 feet to a point on the South boundary of said Tract ; thence S '3 ' "W along said boundary, 791.75 feet to the POINT#CIF- EGr�TNrNG, containing 11.540 acres. DECLARATION OF COVENANTS, , ONDITION AND RESTRICTIONS OF ASPj.Z. CREI:,K ES-TATlis Exhibit ` A-1" Page -1 Feaeral CERTII�MD MA REnTRN RECE2T REQUESTED The .honorable Howard W. Gipe Chairman, Flathead County hoard of Commissioners 800 South Main Street Kalispell, MT 59901 Dear Mr. Glee: yEmergency Management Ag Washington,, D.C. 20472 LJ j� M4 UV NOV { • f IN SLY REFER TO: 1r . Zlt- Case Nos. 0 -o - 23 , --o - P) and 04-08-0663P Community sty Name: Flathead County, M C rn .0 ty No.: 3300023 Effective date of NOV 24 2004 This Revision: The Flood Insurance Rate Map for your- community has been revised by this Letter of Map Revision. (LM . Please use the enclosed annotated snap panel(s) revised by this LNM for floodplain many cement poses and for all flood insurance policies and renewals issued in your conur uru ty. 2 dditlonal documents are % aeTLo ed x c provide infb ation regarding tMs I.OMIR. Please see th-,e List o.l Enclosures below to detern ne which documents are included. Other attachments specific to this request may be included as referenced 11a the Determination Document. If you have any questions regarding oodplain management regulations for your community or the National Flood. Insurance ro�ramu J TIP in general, please contact the Consultation. oordinatlon Officer for your co=ull ty. if you have any technical questions regarding this LOB, please contact the Director, Federal Insurance, and -Miticration IVIsion of the Department of Homeland Security's Federal Emergqncy Manage lent Agency F M in Deaver, Colorado, at 03 2 -483 0, or the F M. Map Assistance Center toll free at - -33 6-2 62 7 I - -F M MAP). Additional information about the NFIP is available on. our -c ebslte at tt --//ww r. ' i a. zo rn - Sincerely, Kevin C. L or c, CFM, Prof e t JE,,gineer Hazard de 3dCati n Bechar! Mitigation Division Emergency Preparedness and Response Directorate List of Enclosures. Letter of Map Revision reterration. Document Annotated Flood Insurance Rate Map cc-, Mr. Forrest Sanderson F.loodplain Adnairdstrator Flathead County Mr_ Ed Engel, P.E. Project g neer Paul 1 Stokes & Associates, Inc. Mr. William D. Boger{ . _ . .as, a . s ns, Inq._ For: Doug Iellono, P.E., CFIVI, lief Hazard Tdentification Section Mitigation Division Emergency Preparedness and response Directorate Mr. Doug Johnson Mr. Charles Lapp Mr. Russell Purdy e Page I of . ....... .. .aye l os.� - -0 3.P, Issue Date: NOv 2 804 Effective Date.- NOV 2'4 2004D -08.0 L PP and 04-08-0663P i Federal Emergency Maiiagement Ag who i � r Washington, . . 20472 ` A"�' LETTER OF MAP REVISION DETERMINATION DOCUMENT �Mm COMMUNITY AND REVISION INFORMATION PROJECT DESCRIPTION BASIS OF REQUEST Flathead County CHAtJIVELI7ATtON NEW TOPOGRAPHIC i7A"fA Montana CULVERT HYDRAULIC ANALYSIS COMMUNITY (Unincorporated Areas) HYDROLOGIC ANALYSIS CQIti1NlUNiIY NO.: 300023 I 04-08-0 3P: Slue Heron Estates APPROXIMATE LATITUDE& LONGITUDE: +48.211 , -1 1 .3 6 IDENTIFIER 0 0-045OP: Purdy Development SOURCE: S QUADRANGLE DA TUM, I i tV4V1JDo Johnson Deelapt 4ef83 Unnamed Tributary to West Spring Creek - from the confluence with West Spring Creek to approximately 3;000 feet FLOODING I SOURCE( upstream of Three Mile Drive REVISED REACH(ES) West Spring Creek - from approximately 3,400 feet dovmstr am to approxt ately 2,500 feet upstream of F ree We Dive S UM MARY OF REVIS IONS Unnamed Tributary to West Spr1ingCreek Effeetive Flooding: Zone A .Revised Flooding: Zone Increases: NONE Decreases: YES * BFEs - Base Flood Eleva ons ANNOTATED MAPPING ENCLOSURES TYPE: FIRM* NO.: 300023 180 D Date: September 30, 1992 West Spring Creek Zone Zone A NONE YES ANNOTATED STUDY ENCLOSURES NO REVISION TO THE FLOOD INSURANCE STUDY REPORT T * FIRM - Flood insurance Rate Map; ** FBF - Flood Boundary and Flood ray Maps EHPI - Flood Hazard Boundary Map DETERMINATION This document -provides the determination from the De,pa�r ment of Homeland Security's Federaf Emer enc ana Management A en y F AA regarding a request for a Latter of Map Revision LOMR) for the area descded above. Using the information submitted, we have determined that a revision to the flood hazards depicted in the Flood Insurance Study FIS report and/or National Flood Insurance Pr rare l f= ' r a is warranted. This document revises the effective FIP reap, [ icat d in theattached documentation. Please use the enclosed annotated map panels reprised by this LOMR for floodplain management purposes and for all flood insurance policies and renewals in your community. This deter- ination is based on the flood data presently available, The enclosed documents provide addRtTonai information rec ardin this determination. if you have any q ues tions abort this decument,,p€ease contact the FE A Neap Assistance Center toll free at 1-3 -336-2 7 (1-877-FE'VlA MAP) orby lever adcfressed to the LOMR Depot, 36GI Eisenhower Avenue, Alexandrlax VA 22304. Additional inlermation about the NI=IP Is available on our website at htt0Z/www.fema_gov/Dfjp. Kevin O_ Long, CFtl, Project Engineer Hazard ldemi5 do e-1on :ion D aisle- r �eraen PrenaTed es arrd ,��� nr�nq� ilnnr ,-�� � 1 {1 26 D.;1.04 3+ 223 1 2D f 2 2 D.A 0 0-40 02D 1 2-42o D.A 0 192D .ase Nos.: 0 -- P., _+P o 4 Issue Date: NOV 2 % Effective Date: NOV2 2004 � -� �o� P, i and 0-0-0P ;M ' n] FederalEmergency Management Agency VD S , Washington, D.C. 20472 LETTER OF MAP REVISION DETERMINATION DOCUMENT (CONTINUED) COMMUNITY INFORMATION APPLICABLE NFIP REGULATIOINTS/COMMUNITY OBLIGATION L -AP P We have made this determffiation pursuant to Section 206 of the Flood Disaster Protection Act of 1973 (P.. 9 - and in accordance with the National Flood Insurance Act of 196 , as amended Title M- H of the Housing and Urban. Development Act of i 9 6 , P.L. - 4 , U.S.C. 4001-4129,, and 44 CFR Part 65. Pursuant to Section 1361 oft National Flood Insurahce Act of 1968, as amended, communities p rEclpating in the NFIEP are required to adopt and enforce floodpla management regulations that meet or exceed Y criteria. These criteria., including adoption of the FIS ieport and FM, and the modifications made by this L NM, are the mimn requircments for continued NFIP participation and do not supersede more stringent State/Cori on r alth or local requirements to which the regulations apply. NElEP regulations Subparagraph 60. requires communities to ensure that the flood -carrying, capacity within the altered or relocated portion of any watercourse is maintained. This prosion is incorporated into your com u it "s existinc, floodplami management ordinances; therefore, rtsponsibility for maintenance of the modified channel and culvert rests with your community. We may request that your commur-6ty submit a description and schedule of channel and culvert activities_ We based this determination on the 1-percent-annual-chance discharges computed in the subn tted hydrologic model. `utare development projectsofupstream could cause yeas d discharges, which could cause * creased flood -hazards, Acomprehensive nx restudy of our c u t 's flood hazards rouId consider the cumulative effects of de ejopment on discharges and could, thereforeP indicate that greater flood hazards exist in this area. Your community must regulate all proposed floo plain development and erasure that permits required by Federal and/or State/Commonwealth law have been obtained. State/Commonwealth or commumty officials, based are knowledge of local conditions and in the interest of safety, may set higher standards for construction or may limit development in floodpla areas. If your StateiCommonwealt x or mm- -umity has adopted more restrictive or comprehensive f]oodplain management criteria, hose criteria tale pI-CcedeDce over the mini m NFIP requirements. We will not print and distribute ffiis L NM to pnimary users, such as local insu- rance agents or mortgage lenders; instead, the community vvill serve as a repository for the new. data. We encourage you to d semmnate the lnfbrmation In this L-OMR by preparing a news rejea o for publioatiou in your community's newspaper that describes the revision and explains how your corrmunit ill provide the data and help interpret the NFIP maps. 1n that way, interested persons, such as property owners, insurance agents, and mortgage leaders, can -benefit from the information. This determination is based on the good data presently available. The enclosed documents provide addi c nal infounation regarding this determination, it you have any questions about this document, please contact theI�E A leap Assistance enter tciI Tree at 1-77- -- '7 1- 7-FEM MAP) or by letter addressed to the LO-MR Depot, 3601 El enhow r Avenue, Alexandria, VA 04_ Additional inform ation about the N F1P is avail@ ble on our w b ita at -. //www. fe m a. Q ovinfig. cc--/ C5 r Kevin C. Long, CFM, Project Engineer Hazard Idenfffication Section € Ig2tion Division Eirner.2— eFI `�"mD%��eFs4�-- wSs a .. de er Dr i w •4nnnig—..�.—---._. _._. 1 D 4 D-A04080,450 102 '1 }� 6 R (JCS, C r; r �I Sirs 1 1.1 V � . � `-J _i 4'.��'�'LJ �r L1 V v Pag� 3 of 4 Issue Date: ��� � � � Effective Date: NGV'2.l� 2,094 04-0$-0450F, and 04 08 0663P ���� Federal Emergency Management Agency Washington, D.C. 20412 -_vn sE LETTER OF MAP REVISION DETERMINATION DOCUMENT (CONTINUED) COMMUNITY INFORMATION (CONTINUED) We have designated a Consultation Coordination Officer to assist your community. The CCO will be the primary liaisoii between your community and FEMA. For informadonregardmig your CCO, please contact: Mr. Robert Ives Acting Director, Federal lusurance and Mitigation DIVIsion Federal Emergency Management Agency, Region VIH Denver Federal Center, -Building 7 1 '.. Box 25267 Denver, CO 80225-0267 303 23 -4 30 STATUS OF THE COMMUNITY NFIP MAPS L M -AP P We will not physically reNuise and rep-abli h the FIRM and I report for your community to reflect the, modifications made by this L NM at time. When changes to the p 'ously cited � panel and l~ report warrant physical revision and republication i the tare, we will incorporate the modifications made by this HONK at that time. This determination is based on the flood data presently available. The enclosed documents provide additional infcrmaldon regarding this determination. if you have any questions about this document, please contact the PE A Mai) Asslstane� Center toll free at 1- 7- _2 7 14 ?-EEMMAP) ,�- � 1aff a;- addressed to the LOMR Depot, 3 601 Eisenhower Avenue, Alelxandda, VA 2304. Additional in formation about the NF1P is avalraWe on our websftat -Itt ;I _-WVVW e agov nfg. Kevin C. Long, CFM, Project En imlzer Hazard ldetfcan Section MIRE axon Dloslon -.--r.-, pr`^41 rf � L. �; p tyre �_ 'rtu ,C'' i�.,..i �+...a �u_ P1...p.++...1 n ic-sS a+i j 1 �,asD .+r �M1�..v �:i vL4tir:.�`,L� -4 102426 D.A04080223 102D 1024,226 1 . 408063 102D '- aye 4 of 4 Issue Date: NOV 2-4 �. Effective Date: NOV' 2 A n04 0 - - 0 .3 L PP and 04-08-0663P -?AR r" %0~ :.1 Federal EmergencyManagement D s LETTER OF MAP REVISION DETERMINATION DOCUMENT (CONTINUED) PUBLIC NOTIFICATION OF REVISION Tili s revision is effective as of the cute of this letter. Any requests to review or alter his deterni-ination should be wade Witmn 30 days and must be based on scientific or technical data. This determination is eased on the flood data presently available_ The enclosed documents provide additional information C arding this determination. If you have}any questions abort this document, please contact-theF=E A'Map Assistance Center toll free at 1- 7-- 11- 7 -FE MAP) orb �- }e addressed to the L ll Depot, 1 Eisenhower , Me andri , . AddiUor l information about the i FlP i available on uur ebsite at h :/fv va w.ferngo ln�. Kevin C. Long* CFM, Project Engineer Hazard Identifficagon Sedtion 102426 D-AG40a0223 10 D Wgafjon DiVision { 41 US D11\194 0 8 0 450 02D e r ,'..}^ r,'.`- E, I 6 h rs rt rti j l r Y-9 too Nra z+ * { cy # ` ter+ J � ;}y{ =MAC P co 15+va'h9Ci4.7` Lai ri f , +F cq k n; t l-rt oO try fir; err �-yr—s -• LfY s R y hi:...� i.'� low 0 W-M-81r1):I12A STA) �. _ F MONTANA — DEPARTMENT OF TRAM �ORTATION HELENA3 MONTANA 59620-1001. APPLICANT (Property Owner) Joint Use Marne: Bowser Creek Estaes Phone: 752-1555 Revised W10199 6� Address: Russell er Real Estat '1 1dh Kalispell, MT 5990� heroin termed the applicant,. requests permission to construct approach(es) describ attohed plot plan or plan and raffle ed and shown on I p and hereby made a part of this application. Please indicate if permits or approaches are required from units of government other than the Department of Transportation. Write the number of permits required in the box: ❑ Federal Government El State ❑ county ❑ city E NIA Private; Xx Public: Use of Property or, Facility: 93 R6sidentlal & 2 Commercial Lot Subdivision (Residence, Trailer Court, Gas -Station, Field Access, TYe of Business, etc.) LOCATION: 1 2A STA L�-OF MONTANA DEPARTMENT OF T'['*- iP RT TI 1 HELE A, M O TA# A59620-1001 DRIVEWAY APPROACH APPLICATION AN D PERMIT APPLICANT (Property Owner) Joint Use Name: Allen l ie a & Bowser Creek Estates Phone; Address: .394 Three Mile Drive & Russp-11 Purdy - 135 W IdaKalispell herein termed the applicant, requests permission to construct approach(es) described and attached plot plan or plan and horn on prof ile and hereby made a part of this application. Please indicate if permits or approaches are required from units of government other than the D Transportation. Write the number of permits re box: required in the Department of El Federal Government El state El count El city /A Private: XX Public: Use of Property or Facility: 93 Residential & 2 Commercial Lot Subdivision + Two Residences (residence, Trailer court, Gas Station, Field Access, Type of Business, etc.) LOCATION: Issue in: City of Kalispell (Commun'ty)- I. Issue to: Name: Kalispell Bowser Creek Associates Address: 121 Spear street, suite 25 Say. Francisco, CA 94105 2. Project Location* Name of Stream/water body at location of activity: Sprig Creek Legal Description: Portion f Tract Section l l Township 28N Mange 22W Project Address: 400 Three Mile Dr 3. The proposed development is in the; X Floodway X Floodway Fringe Floodpl2in with no elevations . The Base Flood Elevation at the project site is approx. 2986 NAVD X NGV 5. Source Documents: ur ents: Panel Dumber 3500023 1805 D (Sept 30, 1992) MR No. 0 - --0 50P * For structures requiring elevation erti o .tio : MSL Elevation to which lowest flow- is to be elevated: VISL MSL Elevation to which structure is to be flood proofed: MSL MSL Elevation to which compacted fill is to be eltvated: MSL ". Brief description of project: Install two creek carossm* s (culverts and fill), roadways, and u.dcrgound utility lines. S. Purpose of project: Subdivision infrastructure improvements . Action 'Taken: X The proposed development is in partial eonfor anoe with the applicable food lain Management ent Standards. A _conditional approval is granted, Conditions as follows: (1) Any utility transmission limes carrying toxic or flammable materials are to be buried at a depth of at least twice the calculated maximum u depth of scour for a 100-err flood, (2) All fill material must meet the standards set forte in the flood lain ordinance. (3) All new fill must be stabilized with suitable vegetation, and any disturbed areas .must be re{ -vegetated with suitable vegetation.. (4) Any drainage facilities must be sub -grade, separated from the edge of the channel with a buffer strip sufficient to prevent flood flows from channeHng into the excavation, and meet all applicable lags and regulations of other local and state agencies. excavated material must be disposed of or stockpiled outside the floodwa . (5) must .Beet primary and secondary access standards pursuant to subdivision regulations i.e. two feet above base flood elevation). .., .. _� _r i,.�sx ,._#.,. _. ,. w ?.. r •f-,Y.7'.� ,3�'sE�-? is ;: di':>:<� "r::.�.:':'?�:.:�,�,� ei'�',*co.„::�..`:>.'..y, x}..� .�'-. :rtiv�i �' ya+.::� -.CIS �`r` , , 5 � ,. r. .. ..} ..r . >.k .. s r... ..... . . .. .... r.r, $-. .w �� .fir. y, r .. i r;if ,k 'a . *�- > y�ri s. :r;:.. .•"' �''ai, .. ,. ....�. .. - .s,. 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JiJ •'� 'Si?.�kt... ?��.::.:,+». , k r ri .�z'aj:^ ` yr :,;a%:roz. ,7id�!' .J:. ��� {r,'r„ :).,; �;%��. ri.::.r�.: �':^! :si.:+�,i:. :'✓".x�.�.�� .. ..+ .�. , �.. „a�ro ♦�>.�� �,. �.. } r�, s.rr. ...Rt ..',...'... ...... .. :. ..... ♦o ,ir ,+w..ti.�. aF, v:7 ror`:;?•.a::: .k:;�': .y'k. a' .s ?"s�' '. +� r} ham. r- .: ,, i , .., - J},5: ,.,ro ,r>n. :<y� »w*i:. <iF;r. 3:I:k ..✓;Vv:r :#-:,., ::':i w:}yt. ,:�;: zi#;i,�r' r�+a'�.�,y7 ;yam■, yrrh�� �y+.w�+ i�yy��.�■-. ��ry, �.. r :� +[�V-�{�r r Arer`,'.�s.`#•x< Y. r„ ... ... ...... .. .. r.. ... '. �� UNDERSTOOD AND ACCEPTED THIS DAY OF JANUARY 2006 1 (Applicant) (Floodplain Adminis tor) 66 NSERVATION DISTRICT'S DECISION k6 — Notice: THIS AUTHORIZATION DOES NOT GIVE PERMISSION T A but A'0R04Ct ON LAND T T J S.NOT OWNED B THE HOLDER of THIS PERMIT. Land wn.er permission, easements or other federal, state, or local permits, liceiises, special use permits, r authorizations may required before construction of the project. It is the duly oholder of this permit to determi'ne which are necessary and obtain them prior to construi-,flon of the project. Name, of Landowner: Kalispell wser CreekAssociates Address: ss: .12,E 5)7ear street, Smite 250 City: Sari Francisco cisco State; CA Zip: 94105 NaTne of App can : Thomas, Dean & Hoskins, Inc. Address: 31 7hree Mile Drive, suite 101 City: Kalispell State: HT ,dip: 59901 Per al Stream: Bowser Spring "reek Sectiom 11 Towtship: 28 Range: 22 Supervisors' Decision (circle): Approved roved �l Mod. `o .ed Not a project Explanation: stream crossin road' construction & xain " blest 0 Sec attached (if more room 'is necessary) Permit Expira#ian Date _ �M GL.� �U -2/, �d / d"Cheek here if I5-day aitinc; period has been waived Work may be ` on or after:aQ�Si,6A Date Transmitted to Applicant and DFWP CL.}'! lt-U-rL I Y4, 0 6 (0 Supervisors" Signatures: 2un e . .. ... .. i7� Gltr. Urssan �' ��cit `92na r2��u� bzoa al' 1A,-,k-` ev, k�t TO BE COMPLETED BY THE APPLICANT Check the appropriate box, sign and return a copy to the district office within 15 days of receipt of this permit. I agree to proceed with the project in accordance with the approved app eation and specifications outlined in this per -nit and will allow a follow-up inspection. 0 I disagree with the terms of this pennif and I will seek judl'clal review . district court within 15 days of reo ipt of this permit. (This box may only checked if you did not sign an arbitration agreement when you submitted your application.) I disagree with the terms of this permit and hereby request arbitration. 'I agree to abide by the arbitration a roement attached to or on the reverse of this fora -- OR, if an arbitration agreement was ig eed when the permit application was submitted, I will, abide that agreement. le Signature f Applicant. __ Date 4 /Zav/47 30 Lower Vb.11ey Road, Kalispell, MT 59901 'HONE: 2-20 FAX:752-4077 I Flathead Conservation District 30 Lower `UaCCey Road, KaCisp'[eC, 94rl' 39901 Phone: - 2- 2 T.X' 406-752-4077 Web .site: www. ffiatfieadcd. G➢Fr^ICIAL 310-i'ER1ilITLE-TTEId DATE: January 17, 2006 RE; NA T .4L STREAAMED PERWT- i ol--.2o o5lBor ser spring CreeklKallsp ell Bowser Creek A sso Legal Description: S11, T28, R2 n o er: Kalispell Bowser ser Creek Associates 121 Spear Street, Suite 250 Sara FTanclsco, C Applicant: Thomas, .dean & Hoskins, Inc. 31 Three Mile .give, 'ite alispe[4 MT 5990-1 Project: stream crossing road construction & mraiate ante, utilities n Monday, January 9. 2006, the Flathead Conservation, District Board of Supervisors met to discuss your project on Bowser Spring Creek. Based upon the recommendation of supervisor Dan Bangeman with cojacurreaco by Mark Deleray of Montana Fish, Wildlife and Parks, the project was approved with modifications (see modifications on page 2) with the followmig specifications-, AELLINCE NA' . C NT'S : The defenninaflOn of this ofj7ce that issuance ofalpi p it was made hz reliance on the inforMatio you pro vi ed. REEVALUATION OFPERMITDECISION. Hi is office may reevaluate its decision on th is permit at anytime tit e circumstances warrant. Circumstances ces that could require a reevaluation h7clude, but are not limited to, the following: . Yoa fall to comply with th e terr s and co ltio s o, f "this permit. The infonnation provided by you ht support of your permit appl cadon proves to have been false, irrcamp te, or l ace rate xSee RELLINCE ONAPPLICANT'SAAA C. Signfflcant new informadon surfaces lrae of xce did not consider In reach' tine ors h al t ee l rr. TTL lL a avait"able for i s ecrion on site duringthe work 2 NATURAL SPLE-BE ER,,WT -101-. 1Bo ser Sp ' C`reekKal s el o ser Creek Assoc 7&r us ofyour anticipated e inn' i� of work on lre ro,�ect • J-fl1en wor.k has been completed, fill mat and r turn the enelosed . J'. C.T COMPLET 0,A1FORM to our of ice so that a fol o ..rap his ec ion can be inaxle. 27ie Ha tread Conservation District retains the Halt t inspect the ro ec during a nd after cons ruc iorr, and will contact the landowner. . leis erin is valid only undl January 3 , 20OZ Ifyom shouldfindthat you have not completed this projectrior o that date, contact this offiee for a p oss 1b le tare extension prior to beginning any work. (Note: only one r'm e pension is allowed.) Sign and return one copy of the Apo enclosed "310 PERWTCOMER VA TION ` JC $ ' DECISION" B Montana State .haw (MCA ), you are LeEvdred to rei ern th is t o o it off`` = ce 1pitIlIll 15 days, , �,'afl r to d0 so ill -ru o a leaallPermit, Iris wffiz -will l aardler � ar In . ah? the other copy for your permanent records. Note itha `,iron do not agree with the Roard's Decision, you can request an arbi&adan panel be called to hear the case. . f, oia wouldprefer to do that, our oflce -must he so no i, d in � rh n i h e days of, o r receipt of phis letter. (Note: the day after reeeipt is considered day 1) Otherwise, the arbi ra ton process cannot be invoked. => The 1 . a waiting erlod has been B al d. WOFIC o l is ro ec is r begin as soon as possible. However.b � r� be rr In any � ork, o i st � the S er ors Decision _ 'or , and rem i o z��e Flathead Conservation Work is to be completed with the following od. cati ns. i . Use the amended road crossing speeffications received on 1 13 2 6_ 2. Install two 26 51 % x 1 4' concrete culverts with flared end sections. 3. The two 3 ' equivalent culverts shah be placedon-grade, but 4" below grade. . Rock shall be placed in -stream to dissipate energy al, outflow c'Lpipes. Depending on orientation of outflow, the downstream bank may need rock stabili atin_ 5. Throughout the development, there will be a 50-foot vegetated buffer on both sides of the stream channel. Within this buffer zone, native and existing vegetation will not b manipulated, with the e cepticu of pruning dead mat a ab Ded control, and construction f a footpath. i s vegetated b er zone will be included i the C vemmts, Conditions and Restrictions oftb subdivision and direct the homeowners group management of the riparian area.. All work- should be completed in an expeditious and C f i manner as possible and .shad take place dig low flow periods only. Work shall b conducted to e .p ct on the stream and the immediate vicinity. To prevent leaks ofpet oleum products into the waterway, no deflective equipment shall operated lu areas capable of contributing surface flogs to tl�c watercourse. Any excess material ae .era ed from this project must be disposed of abovethe ordinate high water mark and not an area classified as a wetland. All disturbed areas (including any spoils or excess material) shall be shaped, seeded -to grass and lightly mulched Tt + control erosion and prevent the infbstation of o s weeds* Existing vegetation shall be it A+f F Yf\ T� Y��4 {ti s T+tAA� 4?+A y+ti /1 /'I z rs r v � t.v U1 rUaX u Pv Slug . Ezra precautions shall be tawken to preserve existing pariah veg tatun. N 'RAkEA RH t. 0 -- 0051 ser , r'' CreeklKafispell Bowser wser Creek [s oc Clearing of vegetation will be limited to that -which is absolutely necessary for construction of the project. AE stream bank and adjacent areas disturbed by the construction activity shall be protected with temporary emslon control measures during the construction activities. These areas shall be reclaimed with long-term erosion control measures and reveg tated immediately after- construction. Both the upper and lover ends of the culvert shall be armored with oversize rock to control erosion and l ` � around the culvert Mess otherwise specified. Instau culverts or badges so that the low point in the road grade is not over the strew. crossing. If this is Dot possible, construct water bars or cross drains in the road grade above the stream crossing. Route road drainage through SMZ., filtration fields, or caber sediment setffing structures. Install road drainage features above stream crossings to route discharge into filtration zones before entering a stream. Onc of the most common road drainage problems is allowln ditch drainage to flow dh-ectly into a stream. Always route ditch drainage throucgh a meter MZ, slash filter windrow, etc.) so sediment cau be removed � It is the landowner's and the contractor's joint responsibility to use weed -free gravel and/or RH on this project. In addition, weed control wM be undertaken and maintained on any disturbed areas. For farther in o n .tion on weed control, contact the Flathead County weed Dept. at 75 8-5798. In addition, we would encourage the landowners to maintain the ripaniau corridor and vegetative cover in as natural a state as possible_ Although there is no state regulation for development on private property which does not include commercial Maher harvesting, we urge all property owners to protect and enhance the riparian areas along streams. These areas are vital to protection of water quality in our watercourses within Flathead County. They serve as filter areas to trap sediments and chemicals as well as ereate protective areas for wildlife. In adds or� they filter ovex land mows into the stream as well as creating shade, which cools the in --stream temperatures, thereby en-hanc?ng the fisheries. We elacourage landowmers to leave as much native vegetation as possible but realize that proper owners usually desire to be able to view the water on their lot. Trimming, the height of niparian vegetation is '=feral le to removing It entirely. The root systems of many r�parlan plants help to armor the bates and prevent erosion and possible slumping of the bans. We advocate the removal of vegetation in segments, interspersing heavily vegetative areas Kith cleared areas. This method auows for viewing of the stream yet sloes not destroy the ripaian areas. The riparian area of a stream consist of the banks and the vegetative cover, including the natural occurring trees, bushes and grasses. It serves as the critical filter area between man's use of the land and the aquatic javironment. These areas are vitally important ha maiutaMM both flae, quality and quantity of water Mi the channel. The natural riparian area maintains shade, which cools the water, aid* rng fish spawning; creates coven and resting areas for fish; provides nesting areas for teals and birds; traps chemicals, sediment and other debris from nt rffig �e stream; anchors bars and prevents erosion and b� sloughing while protecting,the strew chapel, and increases banl' ability to withstand o ress e ofh-:gh flows; promotes oodpla n stab, Hty; and holds excess moisture to be released during low flow periods. 50 t % of aquatic food is obtained from streamside trees and other vegetation. El NA TURAL STREAMBEDPERMIT FL-1 01-2 0 051B o ws er SPring CreeklKai Bowser Creek A r��r■wr E�■rwwerww���rw�r■rw�wrrrrrrw�r�wr�rwr�wrrwEsrx=rwsrrrr�■rwr��erwsrrrwr�e■wrwarrr:� As reviewed by the Montana Department of Fish,, wildEe, and Parks, the above project purl aut to MONTANA SURFACE Water QUALITY STANDARDSSHORT-TERM TURBIDITY EXEMPTION ARM 16. 0. 33 3 a as it applied to TURBIDITY ONLY.- This project may cause a sig�ifflcant Increase in turbidity. The APPLICANT should immediately contact the Department of Health Environmental Sciences, Water Quality Bureau, A-206 CogsweH Bldg. 406-449- 406 , Helena, MT 5962o to determine narrative Conditions required to meet short-term water quality standards and protect aquatic biota. w rw wrr�r�wrwwwrwr�[wwww�rw:Erwrrrr�twrrrw rwr: �rwrwrrrw��N rs wrwr�rwr��w rrtrrwr�rrrtsws�s�rr�r� The ` ' o Ord Supervisors advises that the issuance of a 310 pernuk does not relieve the parties involved from securing other necessary er s which may e u e not be Rmited to): I. The Federal Endangered cl Act, contact U.S. Fish & Wildlife Service, Helena 4 6- -; . The Flathead County Planmi � & Zoning mice's Floodplains Ferny& Lakeshore Pro ecd6 Act 4 6- 51- ; 3. The DNRC Trust Land Management Use License or Easement on Navigable Waters 4 -751-2 40 or Fax 4 6- 75-; . The U.S. Army Corp of Engineers' 404 Penwi4 10 Nest 15ffi Street, Suite 22009 Helena, MT 59626 6-4 1-1375 . 5. Although water may be on or flow across your property, you may not have the right to use that water. Check your water right, and your neighbor s water right, by contacting DNRCIWaferResourees, 40 -75 - . 6_ A. (Federal Energy Regulatory Commission) pejwul may be required for eneW gen r a o , contact. FERC,, Street ME., ., Washington, D.C. 20426 (0 -1 -2 5 . For fmther inf6rmation access the FERC -%reb site at %,vww . fle, r c. fed.0 . For energy generation inter -connections contact; Flathead Electric Coop, 2510 Hwy 2 East, Kalispell, MT 59901 406-75I -443 . 7. A. Wild & Seenic .diver permit for the North and Middle forks of the Flathead River contact U. . . ., Flathead National Forest, 1935 3rd Avenue East, Kalispell, MT 406-75 --5 0 . In addition, if you ih be disturbing; the vegetative cover on more tham eve acres, or more than one acre which is less than 100 feet from a .stream, you will need to obtain a permit from the Mt Dept. ` 4 irar men1 ua l�p, Permitang and Compliance Division, Box 20090 1, Helena, MT 5 6 0-- 1, -4 -4 . Streanulde Management Zone Law, Department of NaVar-al.e ur es and Conservation, State Land Management fce, 2250 Hwy 93 North, Kalispell, MT 59901406-751-2240, must be noted by the landowner or operator prior to be � any forest practices that will access, harvest, or regenerate trees on a deed land area for commercial poses on private,, state, or federal lands. 5 NATURAL S RE"BED PERMIT # . -. -- 005 ovser Sp * CreeklKalispell. Bowser Creek Assoc The Fermi tee is hereby notified that any fm 'a] outlay or work invested in a. project, pursuant to his authodmti the � � � permittee"s risk. The issuauce of this authorization does not reduce the er €ttee's liabffity for damage. caused by development of the authorized project. Nor gees the Flathead Conservation District in issuing this authorization in any way ackaowledge liability for damage caused by the permittee"s development of the authorized project. Please call the Flathead Conservation District at 406-752-4220if you have questions. t Daniel C. Bangem Supervisor Enc..- cc: Fisheries, Montana Fish., Wildlife and Parks, Kalispell 6 (Thfvform mast be frlled out and returned.-) RECEIVED TO: Flathead Conservation District 30 Lower Valley Road APR o a ma Kalispell, MT 59901 .�'It�tlt�d Phone (406) 752r4220 &Fax (406) 752-4077 - E-MU& fcdOdigisys net FROM: 14-4U5P!9� 12-15 pok- 5:IW�r, 4� zsa 5A Phone # (415) 2 24 • ZZ5v RE: NATVRAL STREAMED PERM ` - - 00"oser wing ChwAWa&WeHBovser CreekAssoc Landowner: Kalbpeff .dowser aeek Associates San Franchrm, C.4 94105 Applicant: Thom, Dew & Haste Ina 31 nree Milt Dybe, Ste. -101 aispeg M' 59901 Project: stream c oa, road s rue maintviane4 uiffi es Date work was completed: } Comments: We encolfre ae x # 'our coyu.oe ed ect.y doe"I a e fi-ItIzIlle 4008 NATVRAL STREAMBED & LAND PRESERVATION ACT FOLLOW,wUP INSPECnON RE: NA TURAI, SrREAMBED PERMIT WL401400SISpring CreekXafigpeffr Creek ssoc Lolknit'lo:S11T8,R2 as o nff Za&pefi Bowser CreekAssociates 121 Spear &e 1, Sufte 250 San Fraacisco10S Applicant l Three Mile fie, Suke .lot Kalispell, MT 59901 Post&W Fax Note 7671 710 in CoAraj...'� .�. CO -!&�f 1 Pam. � Sw79 0 pho' 75A FaX4 g5g Stream: SpnWCreek _......W..�.. Type of Project1isa icadou : stream cwswft, firidifelculvien removal read eow&acfionwinM=nw, WMes Purpose (isd on 4w li adon): pamedcrossings aver creeks (Bowser & Sprindi, ulyeM under wwread a Decision a .1/171'2006 Work may begim on or ,after; ASAP Permit Expiration la; 1130 t r oflotir IT made � �e�r � be� * S-� 'c fie at bot e and refura or to `D � l . Dam off ll w- ire won: T i=: ac tin Lmntio : IWA &—L 44 A-19 dod i COMMENTS. dAC Ana dk&g no 3. Flieme atwh any phows tk n. 4. Pleat att=h any oop of maps, or other doownenb if applitable, 1 SIGNATURE: TITLE: ]?ATE*,e11A--,-,4A PHONE; 06752-4220 FAX, (406) 72,47 --' - -- W.... - . . ........ For Office Use: Follow-up ns;>et# fora sent to: u Bavemaq D .4111o2008„ .Initial � d 80 � UOW Nods c- EXISTMUND — T CENTER OF PIPE 10+00 SCALE H j $- 0 v BOWBOWSER CREEK SUBDIVISION IMPROVEMENTS KALISPELL, MONTANA SPRING CREEK CROSSING DETAIL 1 F i � 1 }JA N 13 2006 '4 1 ENCMDONGCOUSM F F ' GWATm FALLS- �yZy���� �y y�� � jam■ I..G1'[ia�4V� j JW Ar ta35 -07d 4 t OWNER: KALJSPELL BOWSER CREEK ASSOCIATES, LLC PUT OF BY: THOMAS, DEAN AND HOSKINS. INC. ASPEN CREEK SUBDMSION- PHASE 2 31 THREE MILE DRIVE SUITE #101 KALISPELL. MT. 59901 PHONE: (40e) 751-5246 LOCATED IN THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION V. DATE: NOVEMBER, 2007 TOWN&V 28 NORTK RANGE 22 WEST, PJAA4, FLATHEAD COUNTY. MONTANA. mEmm Emmm momm mmmm BASIS OF BEAFN4M C.O.S. NO ISM tpm- LOT ACREAGES SHOWN AFE NET AFFEAS FOR G9M AFFEAS Fs TO TABLE ON SHEET 2 (P S87'26'32"E LEGEND FIND. 5/8- REBAR W/CAP MARKED MARKED "9525 LS", OR AS NOTED �12HOMEOWNERS 54.27' PARK NO. 3 28 1.858 AC. 0 4) FIND. 5/8" REBAR W/CAP MARKED "DOYLE 2516 S" SET 5/8" REBAR W/CAP A 161 AC, o 3 AC. 1.- 0 r': '6 'W 154.36- 4,04 0 MARKED "9525 LS" SUBJECT 8OUNDARY _,48nr34'04' qG'5D'---7 . 14 1 TOWNHOUSE ACCESS & UTILITY EASEMENT F -97.74' 1 4, oc� Ln i - 63A 64B . 64A SIB P, 36� c3- .164 .155 AC. 14 .180 AC. .193 AC. `L43 ;rI66A AC - 5't 0 - - - - - - - - - - UTILITY EASEMENT 5' INSIDE, AND PARALLEL TO PROPERTY LINE, UNLESS OTHERWISE NOTED (tD 205 AC, 0 QD (35B 4, 1: V CONTROLLED ACCESS STRIP jC6.65, W. 63B 35 1 66 61A .194 AC 12 .173 AC. AC� 0 MID PROPERTY LINE STREET ADDRESS .184 ;zI 102 3.76' C14 C�5 14 1.5 60' 4 '49 9'49 E % cr REBAR By 6 R E 24.14' ,11�2 S84'32 41�E EN. 9250 S .233 AC. c2o 21 1 a, 4 C) 416 R E T v 17 b - cls c18 1 121,69' 'Z' S84'32'44-E 223.4a. -- 0 -5," 100, 11-1 0 [ .... I I S C A L E 59 1 - - -7ojq, _ - 72 ' * 110 178 AC. . 7' 70 195 AC. 6 .197 AC. .170 AC. .1609 AC. 68 O ;- . 158 AC. 67 s89'3B' 7 QD :- 6 214 AC. -1 o7.. 6' r12' CURVE TABLE LINE TAPLE 58 6,3.53,-- _--71.04" -71.36'- __' I 172 AC. (9 -70137 aI cD 70.02' 70m0' 70'00' 46.92, S 215 "' E aS82*54'j8 15. CURVE C 1 C2 C3 LENGTH 90.48' 91.14' 1.50' RADIUS 170,00' 100.00' laum, DELTA .30`29'35" 5213,05" CHORD 89.41' 88.02' ISO, CHORD BEARING S 4Y52'03" E N 3SOD'20" W N LINE Li L2 EWING N 22'55'03" E S 25*12'47" E DISTANCE 26.32' 25.96' 00 to 00- 105.02' 77 73 74 75 76 78 .183 AC. .180 AC. .178 AC. 74 AC 62 AC 'Q .168 AC. 4 1 C4 C5 C6 28.40' 1 19.76' 73,52' 180.00' 180.00' 180.00' 00*51'27" 09*02'23" 38'07'14" 2324'13" 28.37' 117,56' 73.0V DU29'04' W N 01'3VC19"W N 22'03'39" E N 52*49'22" L3 L4 LS L6 5 43'17',37" E 5 10`47'38" E 9 53'21'49" E N 4 1'26'44" E I 5.9u, 31.22' 7.99' I Im, 57 o 44 1� -�O A .167 AC. R 22 245 AC.. C7 ca 33.48' 45,03' 160.00' 180.00- 1 (r3g'2 1 14-20-06" 33.43' 44.92' N 69'5 1'09' E N 82'20 53 F L7 L8 N 7T37-48" E 5 57'18'30' E " 24,96* 23.50' otiti L569,30,56w a -71.2 1- - -71,71'- o 2.08'- -(72122) - - --11.21 Z m89'3056 L - 51 . 8.44' (t�05) C' C9 CIO C11 C12 C13 59.6 1' 35.70' 57.84* 59.13, 10.22' 160.00' 270.OD* 160.00' 160.00, 160.00' 2 1'20'41 07'34'33- 20'42'50' 24'45'1 6" 031.39,29, 59.2 6, 35.67' 57.53' 6.8..5.9' 1 D.2 V S 15'52 w 05 S 80'45'28' E N .31Y53'51" E S 5T37'54" W S 7X50'I 6" W L9 LID LI I L12 L13 IN 5642'16 E 5 0029'04' E NOV25 '5 fi�W S0425'56-E N46,24'33*w 19.05, 29.17' 10,84* 10.84' 30.09, o T R I P L E 569*30'56'w C R E E K j 211 47 1� kro. .201 AC, 45 AC. 5. C14 C15 Ci6 CIB C19 42.4 1' 44,06' 1 7.02' 4.67' 160,00' 160.00, 270.00' 1 330.00' 15'1 I'l 9' 15'4 7'08" 03,36,39 OD'48'41" . 10'22'3 1 42,29' 43.94' 17.01' 4 T� , S 83'15'40" W N 8 I'l 5'0 5 W S 75!09'52" E 24" E 0 7!9 1 " E Ll 4 1-15 tTG L17 Lia 5 7.3'21'32" E S 73'21'32' E S 73'21'32' E I S 73'21'32 N 82'54'18" W 4Z2' 38.79' 32.23' 11.33, 23.C8' -71.39- 491 -71.40- - -71.40� - -"- - -71.�D'- -70.30'- -7c.�a� -70.30'- - 25.43' .191 lei 115 C20 -C�2 -I -2 S -46" F1' �2�5 21F 1 E 22'4 I'l 1 76'45'.33" 39.34 2 6.89' 1 T.27- N 8442 07" W S 44'.34'3 1 W LIS L34 S C5'1 1'44" W N 3533'34" E 1 1 .24' 10,00' 79 AC. S� o 55 72 AC. 54 72 AC. 53 172 AC, g 52 169 AC. 51 169 AC 50 '"q 'q p -169 AC.215 49 • 171 AC� 413 .211 AC 46 04 j2 1 48.58- 120.00- 7U56'31 24.36'46"' 1 51,15" 1 N 54.02'41 E IN 0616'02" E I L.35 L36 L37 S 35.33'34" W N 3533'34" E N73'26'1 O"W 39.44' 49,44' 22.90' q cL t t 225 .195 AC. (1170) (D I L38 L32 Sn3l'55"E S82*31'55-E 21.01' I &12' L 71.40 _7673(T TOT07 Is- - - - 5, - 106.5 I , - __j 8 1 112 36' NO N3653'42"W N5539'4014 560'34'31 t 1&33' .35.99' P O.B. PHASE 2 S89'30'56W 791.75 l' CONTROLLED ACCESS STRIP LOT 33 L44 520'33'03 E 35,80' 5,24' 16.10, LOT 32 i WEST VIEW DRIVE T W 0 1 M I L E T R A C T S P H AS S E 2 OWNER: KAIJSPELL BOWSER CREEK ASSOCIATES, LLC BY: THOMAS, DEAN AND HOSKINS, INC. $1 THREE MILE DRIVE SUITE #101 KAUSPELL , MT. 59901 PHONE: (406) 761-5246 DATE: NOVEMBER, 2007 CERTIFICATE OF CONSENT I (we), the undersigned property owner(s), do hereby certify that I (we) hove caused to be surveyed and platted into lots, streets and Parks as shown by the plot and certificate of survey hereunto the following described tract of land surveyto wit: A tract of land located in the Northeast quarter of the Northeast quarter of Section 11, Township 28 North, Range 22 West, Principal Meridian, Montana, Flathead County, Montana, being more particutorly described as follows; Commencing at the Southwest comer of Tract 2 of Certificate of SurveyNo '15888. records of Flathead county. and the POINT -OF -BEGINNING: thence N OZ'50'18"E along the West boundary of said tract, 426.98 feet; thence N 02'47'58"E along said boundary, 317.12 feet to the opproximale thread of a creek; thence along Said thread the following eleven (11) courses: Nn49'14't 48.91 feet; N22'55'03"E 26.82 leekNST08'45"E ,zos feel; S25'12'471 25.96 feet; S43*17'37"E 16.90 feet: S79'37'50'E 54,16 feel: SIT47:38"E 31.22 feet: S53'21'49"E 7,99 feet: N41'26'44"E 11,50 feet; N 7537 48-E 24.96 feet; S67'18'30'E 23.50 feet thence leaving said thread N56-42'16-E 1905 feet: thence S8726'32"E 177.89 feet:ry thence southeasterly along � non -tangent cue, concave to the Northeast, having 0 radius of t 70-00 feel, a central angle of 30'29'38'. a chord bearing of S45*52'051 and a chord distance of 89.41 feet, an arc length of 90,48 feet: I hence S59'06'52"E 43,10 feet; thence southeasterly along a tangent curve, conaove to the Sou having a radius of 100.00 ,�IhwesI a feet and a central angle of 52'13'0 , an arc length of 91.14 feet; thence N77"50'25"E 60.36 feel; thence S06'02'20-E 272-97 feet; thence southerly along a tangent curve, concave to the West, having a radius of 180,00 feet and a central angle of 09'02'23'. on arc length of 28.40 Feel; thence $55*02'35-E 78.92 feeti thence S15'28'07"E 51-9.3 feet: thence S34'57'25'w 22.50 feet; thence S55*02'35E 108.46 feet; thence S34'31 . 43W 69.52 feel; thence S.35?33'34'W 49.44 feet to a point an the South boundary of said Tract 2; thence S89'30'56"W along said boundary, 791.75 feet to the POINT -OF -BEGINNING. containing 11,540 acres, The above described tract of land is designated and 10 be known as Plot of Aspen Crack Subdivision- Phase 2, located in the Northeast quarter or the Northeast quarter of Section 11, Township 28 North, Range 22 West, Principal Meridio", Montano, Flathead County. Mortara, and all the [and included in the streets and food reservation is hereby dedicated to the City of Kalispell for road and utiTity purposes. PLAT OF ASPEN CREEK SUBDMSION- PHASE 2 LOCATED Ni THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION n TOVM*W 28 NORTK RANGE 22 WEST, PAVA, FLATHEAD COUNTY, MONTANA. 1GIVER OF PROTEST NET/WOSS AREA TABLE SANITARY EXEMPTION DIMENSIONS FOR TOWNHOUSE ACCESS + UTILITY EASEMENTS UNE TABLE LINE BEARING DISTANCE L20 S 3652*56 �W 11.37- 828 __L2T N 55.49'3 -Ti-wl 62A L22 H 5Y 19,00, W 2 1 .58' L23 S 33-11-2-4 W 15.61 - L24 N 42'44'44- w 3$.07' L25 5 42.44-44 E 35.07' -1 N 85'34'04" E 90.00' L26 -a 8S3464 E -TSOT L27 S 04*25'56- E 26.00' 1 L28 1 14 P34'04- E I 7,C-0- I is 1.29 R 4 L 28 L31 L30 t! 04' 44 816 2" 3A L31 N 85'34'04- E 1 7.W- 1 63B 61A 74,96 J 47 45 48 60 46 CURVE TABLE CURVE LENGTH RADIUS DELTA CHORD CHORD BEARING C24 12-99- i 80.00- O4'07'19- 1245' N 43'10*!i6' E C25 12.01' 180,00' 03'49'1 7" IZOO' N 39112'38" E C25 31.84' 20.00' SIVIV42" 28.58' N 82429'10* E C27 30.14' 19,73' 87'30'41 - 27.29' N D9r50'00- W C28 l2mOl* 60.00' OV 18704" 12,01' S 49'24'18' IN C29 12.01' 160.00' ow 13,04- 12.01' S 4Y6'14" IN C30 33 * 43' 9FO�D X18*48" 32.82- --T -2Y3520 E C31 36.06, 74.00' 27'54'1 9' 35.70' 9 21V47'15' E I C.32 1 40.84' 1 26,00' 9000'00" 1 35,77' I-N-749-r-26!5-V W PRAM 2 AFEA LOTS 7.286 AC. ROADS 2.396 AC. PARK AREAS 1.858 AC, RECREATIONAL AREA 0.000 AC. MEN MEMO MMEM 009ME CERTIFICATE OF SURVEYOR REGISTRATION NO. 9525 LS In SHEET 2 OF 2 �