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
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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
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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
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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
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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.
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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
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h�O IGiAL1 RECREATIONAL AREA
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nil
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w-a e` r
A MONT lNA LLMTrr.D LL011M''i' COI,iPANY
FHONL (40a� 751-, 44
CERTIZICAT% Of CONS
I (WO. tiw, undw'Mlgrnd pwrRadr e-rr 0l. ad h.reaq� corldy 11sot I {0t}
hayrt sewnid to 6w Krvsd+'d owwd pwAW ir" WT. 4irtxlx, rafaF Ord
Jlwrrwr.otiarwat arw - wd+ayw+wby oft w wwd wtrrrMidslr of .wRwy hrr Le
Ifn fall*-69 Java-da k Duct .r send. is wk,
A tent of koi Ioc.lnd k tho NcKba. st guaritr of i ve blert wmk gawtsr
of S K11;w 11. IwA ip 74 Narih, 111 72 V*zt Rvwipa Uwm6ww.
Iwcopkoc. f30re ca rAy. LiBf+Lard. h wy >Twprc parCiewiri} "ac#d w
fdlaws=
ZonvTwerrr" et rn tfewtl+MA c rner of tlwrr lf.rlhwvj qwwUr of thi
# wWw' !Ft Wwnar awf S CU*n 11, Tv*aO'f 26 >darrh. " 22 1B.st
w-c >r:a*W&M. 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
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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
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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
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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).
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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 �