Staff Report/Phase 2 Final PlatTri-City Panning Office
17 Second Street East - Suite 211
Kalispell, Montana 59901
Phone: (406) 751-1850
Fax: (406) 751-1858
tricity centurytel.net
www.tricitypianning-mt.com
REPORT TO: Kalispell Mayor and City Council
FROM: Narda A. Wilson, Senior Planner
Frank Garner, Acting City Manager
SUBJECT Final Plat for Blue Heron Phase 2
MEETING DATE: September 7, 2004
BACKGROUND: This is a request for final plat approval of Blue Heron Phase 2 that
plats 20 single family residential lots on approximately 5.0 acres. The property is
located on the northwest corner of Stillwater Road and Three Mile Drive.
The entire Blue Heron Estates subdivision contains approximately 60 lots on 24 acres
which was given preliminary plat approval by the Kalispell City Council on May 5,
2005 as a three-phase development. Phase I platted 25 lots on ten acres in January
of 2004. This is the second phase which lies to the west of Phase 1 near the western
portion of the site. An automatic two-year extension of the preliminary plat approval
is granted for each successive phase of original preliminary plat.
As a requirement of the preliminary plat, more than two-thirds of the required
improvements have been installed and a Subdivision Improvements Agreement in the
amount of $45,500 has been submitted to secure completion of the remaining
improvements which consists primarily of curb, gutter, sidewalk and landscaping.
The letter of credit addresses 125% of the estimated cost of remaining improvements.
The estimated completion date is August 15, 2005
RECOMMENDATION: A motion to accept the Subdivision Improvements Agreement
and approve the final plat for Blue Heron Phase 2 would be in order.
FISCAL EFFECTS: Potential minor positive impacts once developed.
ALTERNATIVES: As suggested by the City Council.
Respectfully submitted,
Narda A. Wilson F aank Garner
Senior Planner Acting City Manager
Providing Community Planning Assistance To:
• City of Columbia Falls • City of Kalispell • City of Whitefish •
Final Plat for Blue Heron Estates Phase 2
August 31, 2004
Page 2
Report compiled: August 31, 2004-
Attachments: Letter of transmittal
Final plat application and supporting documents
SUBDIVISION IMPROVEMENT AGREEMENT
THIS AGREEMENT, made and entered into this 10tn day of November,
2003, by and between the CITY OF KALISPELL
of Flathead County, Montana, Party of the First Part and hereinafter refereed to as the
CITY, and CHARLES AND MICKEY LAPP,
(Nam of Developer)
INDIVIDUALS
(Individual, Company or Cotporation)
located at 3230 COLUMBIA PALLS STAGE ROAD, COLUMBIA FALLS, NIT. 59912
(Strew ,kMre P.Cs_ Box) (City, County, state, Zip)
Party of the Second Part and hereinafter referred to as DEVELOPER.
WITNESSETH.
THAT WHEREAS, the Developer is the owner and developer of a new
subdivision known as BLUE HERON ESTATES NO.2
(Name of subdivision)
located at SE 1 /4, SE 1 /4, SEC. 2, T.28N., R.22 W., P.M-,M., FLATHEAD COUNTY,
MONTANA
(Location of subdivision)
and,
WHEREAS, the fifty has conditioned it's approval of the final plat of
BLUE HERON ESTATES NO.2, upon the conditions as set forth
(Name of Subdivision)
in the Resolution 4784 Ding completed and all improvements, as cited in EXHIBIT B
have not been completed at this time, and the Developer wishes to bond for the
completion of those improvements set forth in EXHIBIT" B, and
WHEREAS, the City's Subdivision Regulations require that a subdivider shall
provide a financial security of 125% of the estimated total cost of construction of said
improvements as evidenced by an estimate prepared by a licensed public engineer
included herewith as "Exhibit B' ; and
WHEREAS, the estimated total cast of construction of said improvements is the
slim of $36,400.00.
NOW THEREFORE, in consideration of the approval of the final plat of said
Subdivisions by the City, the Developer hereby agrees as follows:
I . The Developer shall deposit as collateral with the City a Letter of Credit, or
other acceptable collateral as deten-nined by the Kalispell City Council, in
the amount of 45,500.00. Said Letter of Credit or other collateral shall have
an expiration date of at least sixty (60) days following the date set for
completion of the improvements, certifying the following:
a. That the creditor guarantees funds in the sum of $45,500.00, the
estimated cost of completing the rewired improvements in
BLUE HERON ESTATES NO. 2
(Na= or Subdivision)
b. That if the Developer fails to complete the specified improvements
within the required period, the creditor will pay to the City immediately,
and without favrther action, such funds as are necessary to finance the
completion for those improvements up to the limited of credit stated in
the letter;
2. That said required improvements shall be fully completed by
AUGUST 15, 2005
3. That upon completion of the required improvements, the Developer shall
cause to be filed with the City a statement certifying that:
a. All required improvements are complete;
b. That the improvements are in compliance with the minimum standards
specified by the City for their construction and that the Developer
warrants said improvements against any and all defects for a period of
one (1) year from the date of acceptance of the completion of those
improvements by the City;
c. That the Developer knows of no defects is those improvements;
d. That these improvements are free and clear of any encumbrances or
liens;
e. That a schedule of actual construction costs has been filed with the City;
and,
f All applicable fees and surcharges have; been paid.
4. The Developer shall cause to be filed with the City copies of the fmal plans,
profiles, gravies and specifications of said improvements, with the
certification of the registered professional engineer responsible for their
preparation that all required improvements have been installed in
conformance with said specifications.
FOLLOWS, TO -WIT:
That the Developer shall provide for .inspection of all required improvements
by a registered professional engineer before the Developer shall be released from
the Subdivision Improvement Agreement.
That if the City Determines that any improvements are not constructed in
compliance with the specifications, it shall furnish the Developer with a list of
specific deficiencies and may withhold collateral sufficient to insure sure
compliance. If the City determines that the Developer will not construct any or
all of the improvements in accordance with the specifications, or within the
required time limits, it may withdraw the collateral and employ such funds as may
be necessary to construct improvement or improvements in accordance with the
specifications. The unused portions of the collateral shall be returned to the
Developer or the crediting institution, as is appropriate.
IN WITNESS WHEREOF, the parties have hereunto set their hands and
seals the day and year herein before written.
by
by
BLUE HERON ESTATES NO.2
(Name of SubdivisionlDevejoW/Pi€m)
Owner
!Mickey Lapp, Owner
STATE OF MONTANA
COUNTY OF ;�1�2�
4n this day of , ,� , before me, a Notary
Public for the State of Montana, perss' lly appeared 4,( ,, e) Kg
Known to me to be the 1 ���%� ��' .S of
Whose name is subscribed to the foregoing instrument and acknowledged to me
that he/she executed the same.
IN WITNESS WHEREOF, l have hereunto set my band and affixed my
Notarial Seal this day d year first above written.
Notary Public or the State of Montana
Residing at
My Commission Expires Z1- 1! -C%';1
EXHIBIT B
This agreement specifically includes the following improvements, their
projected construction completion date and estimated construction costs.
CHECK
CONSTRUCTION
ESTIMATED
APPROPRIATL
COMPLETION
CONSTRUCTION
IMPROVEMENTS
BOX
DATP
COSTS
Street Grading/Paving
X
COMPLETED
Street Base
X
COMPLETED
Sidewalks
X
8/15/05
$26,400.00
Curbs and Gutters
X
COMPLETED
Sanitary Sewers
Mains
X
COMPLETED
Other (manholes)
COMPLETED
On -Site Sewage
v
Facilities
X
COMPLETED
Water Systems
Mains
X
COMPLETED
Other ( )
On -Site Water Supply
Water Storage Tanks
ooNTA
Fire Hydrants
X
COMPLETED
Storm Sewer
s.
or
E N` , E
Drainage Facilities
X
COMPLETED
ro
0 127 2 PE
Street Signs
X
COMPLETED
�'?�D
Street Lighting
X
COMPLETED
A L
Street Monuments
X
COMPLETED
Survey Monument Boxes
Landscaping
8/15/04
$10,000.00
TOTAL PROJECT COST = $197,922.90 SUBTOTAL $36,400.00 (1 &4%)
FEES
TOTAL COSTS S36,400.00
TOTAL COLLATERAL (TOTAL COSTS X 125%) $45,500.00
5
THE CITY OF KALISPELL
ATTEST:
IW
Pamela Kennedy, Mayor of Kalispell City Clerk
10,94a1063 w
Conditions of approval as fixed to the preliminary plat by the City of Kalispell.
6
Tri-City Planning Office
17 Second Street East - Suite 211
Kalispell, Montana 59901
Phone: (406) 751-1850
Fax: 14061 751-1859
tricitC_en'turytel.net
www.tricityplanning-mt.
August 31, 2004
Frank Garner, Acting City Manager
City of Kalispell
P.O. Drawer 1997
Kalispell, MT 59901
Re: Final Plat for Blue Heron. Estates Phase 2
Dear Frank:
This is a request for final plat approval of Blue Heron Estates Phase 2, a 20 lot
residential subdivision on approximately 5.0 acres. The property is generally located
on the northwest corner of Stillwater Road and Three Mile Drive. The property was
annexed into the city of Kalispell as part of the preliminary plat review process and
given an initial zoning designation of R-2, a Single Family Residential, zoning district
that has a minimum lot size requirement of 9,600 square feet and is intended for
single family residential development.
The entire, Blue Heron Estates subdivision contains approximately 60 lots on 24 acres
which was given preliminary plat approval by the Kalispell City Council on May 5,
2003 as a three-phase development. Phase 1 platted 25 lots on ten acres in January
of 2004. This is the second phase which lies to the west of Phase 1 near the western
portion of the site. An automatic tyro -year extension of the preliminary plat approval
is granted for each successive phase of original preliminary plat.
As a requirement of the preliminary plat, more than two-thirds of the required
improvements have been installed and a Subdivision Improvements Agreement in the
amount of $45,500 has been submitted to secure completion of the remaining
improvements which consists primarily of curb, gutter, sidewalk and landscaping.
The letter of credit addresses 125% of the estimated cost of remaining improvements.
The estimated completion date is August 15, 2005.
The preliminary plat was approved with 20 conditions as outlined below. The
.following is a discussion of compliance with each of these conditions as well as
findings of compliance with the City subdivision regulations and zoning ordinance.
Providing Community Planning Assistance To:
• City of Columbia Falls • City of Kalispell - City of Whitefish •
Final Plat - Blue Heron Estates Phase 2
August 31, 2004
Page 2
COMPLIANCE WITH CONDITIONS OF APPROVAL:
Conditionn. No. 1 Development of the subdivision shall be platted in substantial
compliance with the approved preliminary plat which governs the location of lots and
roadways within the subdivision.
• This condition has been met. The lots and roadways have been platted as
approved except as amended by the conditions of plat approval.
Condition No. 2 That the roadways serving the subdivision shall be constructed in
accordance with the adopted Design and Construction Standards for the City of
Kalispell for local streets.
• This condition has been adequately addressed. The roadways have been
substantially completed with the exception of those items that have been
addressed through a Subdivision Improvements Agreement. The anticipated
completion dated in not later than 8/ 15/05.
Condition No. 3 That a letter be obtained from the Kalispell Public Works
Department approving the plans and specifications for water, sewer and drainage
facilities for the subdivision.
• This condition has been met. A letter from the Kalispell Public Works Department
approving the required public infrastructure has been included in the final plat
,.
ap�.J11L CU CE.Lloil.
Condition No. 4 A letter from an engineer licensed in the State of Montana
certifying that the improvements have been installed according to the required
specifications shall be submitted at the time of final plat approval along with a letter
from the Kalispell Public Works Department stating that the required improvements
have been inspected and comply with the City standards.
+ This condition has been adequately addressed. A letter from a licensed engineer
certifying the improvements that have been completed comply with City standards
has been included with the final plat application. A letter from the Kalispell Public
works Department accepting the completed improvements and approving the
Subdivision. Improvements Agreement for the remaining improvements has been
included with the final plat application.
Condition No. 5 Development of the landscape boulevard with location of street
trees shall be placed in accordance with a plan approved by the Kalispell Parks and
Recreation Director.
+ This condition has been adequately addressed. A letter from. the Kalispell Parks
and Recreation Director has been submitted approving a plan for the future
Final Plat Blue Heron Estates Phase 2
August 31, 2004
Page 3
_ t _ ._ t the
...a 1 -..� Ill- t �..,. -1 in ,.., t- - �.... -I _ _ _J _ _3 tiL _
col.L pletlon V1 he required la idscapil12g'. Ille lariusca�Jl118' Ila.7 LJGGll IliL:lUtAtL U 111 L1IU
SIA.
Condition No. 6 A storm water drainage plan which has been designed by an
engineer licensed in the State of Montana shall be prepared which complies with the
City's Design and Construction Standards and shall be reviewed and approved by the
Kalispell Public Works Department.
+ This condition has been met. A letter froze. the Kalispell Public Works Department
approving the required drainage plans has been submitted with the final plat
application.
Condition No. 7 That the developer obtain a letter from the Montana Department
of Transportation approving the intersection of the new internal roadway and Three
Mile Drive and certifying that any necessary improvements have been made.
• This condition has been adequately addressed. Remaining improvements have
been included in the Subdivision Improvements Agreement that was filed with
Phase 1.
Condition No. 8 That the developer obtain a letter from the Flathead County Road
Department approving the intersection of Stillwater Road and the new internal
subdivision road and shall include a post construction inspection that certifies any
necessary improvements have been made.
m,_ '- • illi.5. C:UilUlLiV11 �+- .twto ViLJCV
17L1ilWcLLG1 IXLJcLtA Wlll
be initiated during a subsequent phase of development.
Condition No. 9 That a minimum 20 foot buffer strip shall be established between
Three Mile Drive and Stillwater Drive and the subdivision that would include a bike
and pedestrian trail and buffering in the form of a landscape berm, sight obscuring
fencing and or landscaping. These improvements to be coordinated with the Public
Works Department, Parks and Recreation Department and Flathead County.
+ This condition has been adequately addressed. These improvements have been
included in the Subdivision Improvements Agreement and will be coordinated
through the Parks and Recreation Department when the landscaping is done.
Condition, No. 10 The road within the subdivision shall be named and signed in
accordance with the policies of the Kalispell Public Works Department and the
Uniform Traffic Control Devices Manual and be subject to review and approval of the
Kalispell Fire Department.
+ This condition has been adequately addressed. Most of the traffic control devices
are in place and the Subdivision Improvements Agreement covers the remaining
that are required. They will be subject to review and approval prior to release of
collateral.
Final Plat - Blue Heron Estates Phase 2
.August 31, 2004
Page 4
Condition No. 11 The dead-end street shown at the northern end of the internal
subdivision road shall be eliminated and reconfigured to connect with the east west
roadway.
• This condition has been met. The subdivision has been redesigned to loop the
internal roadway rather than ending in a dead end to the north during the final
platting of Phase 1.
Condition No. 12 The developer shall provide a letter from the U.S. Postal Service
approving the plan for mail service.
• This condition has been. met. A letter from the postal service has been included in
the final plat application.
Condition No. 13 That the parkland dedication requirements shall be one -ninth or
11 percent of the area in lots or 2.2 acres. The park areas as indicated on the plat will
meet that requirement provided some recreational amenities are provided to the site
such as play equipment and irrigation. Additionally, a maintenance agreement for the
park areas shall be included with the final plat.
• This condition has been met. Parkland dedication has been included on the final
plat and the covenants address the maintenance of the common area.
Condition No. 14 Street lighting shall be located within the subdivision and shall be
1-;-IA-A
oulttt u -- +I a4- A does not i—trude ,xueces�uxiT..r+.-A;.;;--� roper+'
U u1Li1 i -xIL Ily cJ1Iiv uNTICS.
• This condition has been adequately addressed. Street lighting has been
completed.
Condition No. 15 That the lots within the subdivision be reconfigured so that all
lots meet the minimum 70-foot lot width requirements of the R-2 zoning district and
the minimum lot size requirements of 9,600 square feet exclusive of any easements.
• This condition has been. met. All of the lots in this phase comply with the
standards of the R-2 zoning district.
Condition No. 16 Any development in the 100-year floodplain shall be required to
obtain a floodplain development permit prior to construction.
• This condition has been adequately addressed. The floodplain is primarily to the
east of this phase. A floodplain study has been undertaken that will establish the
base flood elevation. No floodplain permits would be required for development in
this phase.
Condition No. 17 That a minimum of two-thirds of the necessary infrastructure for
each phase of the subdivision shall be completed prior to final plat submittal. With
Final Plat - Blue heron Estates Phase 2
August 31, 2004
Page 5
the filing of the final plat for each phase, an additional two-year extension shall be
automatically granted for subsequent phases.
• This condition has been met. More than the necessary two-thirds of the
infrastructure has been completed and the Subdivision Improvements Agreement
addressed the remaining required improvements in the amount of 125 percent of
the remaining improvements.
Condition No. IS All areas disturbed during development of the subdivision shall be
re -vegetated with a weed -free mix immediately after development.
• This condition has been adequately addressed. The Subdivision Improvements
Agreements included the landscaping and the revegetation of disturbed areas.
Condition No. 19 That preliminary approval shall be valid for a period of three years
from the date of approval.
+ This condition has been met. This final plat for the first phase has been filed prior
to expiration and will extend the plat for an additional two years.
COMPLIANCE WITH APPROVED PRELIMINARY PLAT
The final plat is in compliance with the preliminary plat which was submitted and
approved.
COMPLIANCE WITH THE SUBDIVISION REGULATIONS:
This subdivision plat has been found to be in compliance with the State and City
Subdivision Regulations.
COMPLIANCE WITH THE ZONING REGULATIONS
This subdivision complies with the Kalispell Zoning Ordinance and the R-2 zoning.
RECOMMENDATION:
All of the conditions of preliminary plat approval have been adequately addressed.
The staff recommends that the Kalispell City Council approve the final plat for this
subdivision.. Please note that the Subdivision Improvements Agreement should be
accepted along with the final plat approval. Please schedule this matter for the
September 7, 2004 regular city council meeting if possible. You may call me at 751-
1852 if I can be of assistance to you regarding this matter.
Final Plat - Blue Heron Estates Phase 2
August 31, 2004
Page 6
Sincerely,
71 /,
Narda A. Wilson, AICP
Senior Planner
Attachments: Vicinity map
1 opaque mylar of final plat
1 reproducible mylar of final plat
I blueline of final plat
Letter from Paul J. Stokes and Associates dated 8/ 19/04
Final plat application dated 8/ 18/04
Letter from MDEQ dated 2/ 17/04
Letter from DEQ dated 2 / 5 / 04
Letter Kalispell Public Works dated 1 / 23 / 04
Letter from Parks and Rec dated 12/30/03
Letter from LISPS dated 12/5/03
Engineer's certification dated 8 / 18 / 04
Subdivsion Improvements Agreement dated 8/ 18/04
Letter of credit from Glacier Bank dated 8/ 19
Title report dated 7/22/04
Consent to plat dated 8/ 18/04
Treasurer's certification. dated 8/ 19/04
Declaration of covenants to be filed dated 8/23/04
c: Paul J Stokes and Associates, 322 Second Ave West, Kalispell, MT 59901
Charles and Mickey Lapp, 3230 Columbia Falls Stage Rd., C. Falls, MT 59912
Theresa White, Kalispell City Clerk
Con,vuftinv, Envoineers
322 Second Ave. West, Softe B
k2fispell, MT 59"1
Telephone (406) 755-8707
FAX (406) 755-2613
NUZM* 1 �#A
Narda Wilson, Senior Planner
Tri-City Planning Office
17 Vd Street East Suite 211
Kalispell, Montana 59901
RE: Blue Heron Estates No. 2. - Final Plat
The Amended Plat of a Portion of Lot 2 of
Vogler Subdivision Subdivision No2
SEIA, SEI/4, Section 2 T.28N., R.22W., P.,M.,M.,
Flathead County, Montana
D= Narda;
Please find enclosed our clients Check #/0.40in the amount of $1,500.00, said check
represents the applicable review fees for the above -mentioned final plat, Also, we have
fkA
Kalispell resolution No. 4784 stipulates that twenty conditions must be complied with to
enable our client to file final plat for Blue Heron Estates No. 2. A copy of which is
enclosed for your reference.
Appendix:
A. Declaration of Design Guidelines, Conditions Covenants and Restrictions.
1. The subdivision is platted in compliance with the approved preliminary plat.
2. The roadways serving the subdivision are in confon-nance with Kalispell
Design and Construction Standards.
3. Public Work letters are enclosed.
4. Engineer letter certification is enclosed.
5. The applicant had discussed the landscaping process with Mike Baker and
they agreed to formulate a plan when the infrastructure is completed;
therefore. the related costs are reflected in the Subdivision Improvements
Agreement. (SLA)
6. See approval letters in Item 3.
7. Part of SIA bond. (see copy of permit)
Page I of 2
S. Not applicable for Blue Heron Estates No. 2. Approved on phase 1
9. Landscaping with Mike Baker and SIA,
10. The street signs are in place.
11. NA (see final plat)
12. The Post Office letter is enclosed.
13..55 acres of the total parkland is included in Blue Heron Estates No. 4 The
total required for Blue Heron Estates No.2 is .55 acres.
14. The streetlights have been paid for and are installed. Flathead Electric Co-op
provided and installed.
15. Please see Final Plat with ledger.
16.
17. A floodplain construction permit has been applied for. The pcnnit will cover
an 8-inch sewer line, which will be installed next spring. Fees have been paid
and the permit will be on site at the time of construction. A part of SIA.
18. A total of 81.6% of the infrastructure of Blue Heron Estates No 2 has been
completed. (see SIA)
19. Re -vegetation is a part of the SIA.
20. The Preliminary Plat was approved by the City May 5, 2003, for a period of
three (3) years under resolution 4784.
If you have any questions or comments please contact our office.
Very Truly Yours,
PAUL J. STOKES & ASSOCIATES, INC.
fto
c: Chiles & Mickey Lapp
file
Shelleyi'mydocumenWspwfomsicuers4apptficirAnalplaWA
Page 2 of 2
KALISPELL
Tri-City Planning Office
17 Second St East, Suite 211
Kalispell, MT 59901
Phone: (406) 751-1850 Fam (4061 751-1858
FINAL FLAT APPLICATION
WHITEFISH
Project /Subdivision Name; Blue Heron Estates No. 2
Contact Person:
COLUMBIA FALLS
Owner & Mailing Address:
Name: PAUL J. STOKES Charles and Michelle Lagp
Address 322 2ND AVE. WEST SUITE B 3230 Columbia Falls Stage Rd.
KALISPELL MT 59901 Columbia Falls MT 59912
Phone No.; 755-8707 892--5757
1JC1p.�_ Ox 1 1G81111111CUY 1 4c'LL t LFFZ v V c Ai . r..., cJ WWI
Type of Subdivision: ,Residential X Industrial —Commercial PUD Other
No. of Lots Proposed 20 Parkland (acres) :.55—.�.
Land in Project (ac.) 5.0 Cash -in -Lieu$ NSA
Exempt N A
FILLING FEE ATTACHED $ 1500.00
Minor Subdivision with approved preliminary plat $400 + $40/lot
Major Subdivision with approved preliminary plat $650 + $40/lot
Subdivisions with Waiver of Preliminary Plat $600 + $40/lot
Subdivision Improvements Agreement $ 50
Not
Attached Applicable fMUST CHECK ONE,
X_ Health Department Certification (Original)
Title Report (Original, not more than 90 days old)
_X_ Tax Certification (Property taxes .must be paid)1)
Consent(s) to Plat (Originals and notarized)
X _ Subdivision improvements Agreement (Attach collateral)
X Parkland Cash -in -Lieu (Check attached)
X� Maintenance Agreement
�X^ Plats: I opaque OR 2 Mylars
1 Mylar copy l signed blueline
4 bluehnes 4 bluelines, unsigned
The plat roust be signed by all owners of record, the surveyor and the examining land surveyor.
Attach a letter, which lists each condition of prelhninary plat approval, and individually state how
each condition has specifically been met. In cases where documentation is required, such as an
engineer's certification, State Department of Health certification, etc., original letters shall be
submitted. Blanket statements stating, for example, "all improvements are in place" are not
acceptable.
A complete final plat application must be submitted no less than 60 days prior to expiration date of
the preliminary plat.
When all application materials are submitted to the Tri-City Planning Office, and the staff finds the
application is complete, the staff will submit a report to the governing body. The governing body
must act within 34 days of receipt of the revised preliminary plat application and staff report.
Incomplete submittals will not be accepted and will not be forwarded to the governing body for
approval. Changes to the approved preliminary plat may necessitate reconsideration by the
Planning Board.
I certify that all information submitted is true, accurate and complete. I understand that
incomplete information will not be accepted and that false information will delay the application
and may invalidate any approval. The signing of this application signifies approval. for Tri-City
Planning staff to be present on the property for routine monitoring and inspection during the
approval and development process.
**NOTE: Please be advised that the County Clerk & Recorder requests that all subdivision
final plat applications be accompanied with a digital copy.
Owner(s)
Date
Date
**A digital copy of the final plat in a Drawing Interchange File (DXF) format or an AutoCAD file
format, consisting of the following layers:
I. Exterior boundary of subdivision
2. Lot or park boundaries
3. Easements
4. Roads or rights -of -way
5. A tie to either an existing subdivision corner or a corner of the public land survey system
As approved by the TCPB, Effective 4/ 1 /04
-1141?
Montana of
�� ENmoNWMAL QUAUTY Judy Martz, Governor
109 Cooperative Way a Suite 105 m Kalispell, NIT 59901-2389 ® (406) 755-8985 ® FAX (406) 755---8977
Ed Engel, P.E. February 17, 2004
Paul J. Stokes & Associates, Inc.
322 Second Ave West, Suite B
Kalispell, MT 59901
RE: Blue Herron Estates, No 2 Water & Sewer Extensions, EQ#04-2110
Dear Mr. Engel:
Plans and specifications for the above -referenced project have been reviewed by personnel with
the Permitting & Compliance Division utilizing the certified checklist procedure. The plans and
specifications are hereby approved. One set of plans and specifications bearing the approval
stamp of the Department of Environmental Quality is enclosed.
Approval is based on plans and specifications received February 17, 2004 under the seal of:
Edward Engel, P.E. #12762PE.
Approval is also given with the understanding that any deviation from the approved plans and
specifications will be submitted to the Department for reappraisal and approval. Within 90 days
after the project has been completed the project engineer shall certify to the Department that the
project was inspected and found to be installed in accordance with the plans and specifications
approved by the Department. This certification shall be accompanied by a set of "as built" record
drawings signed by the project engineer.
It is further understood that construction will be completed within three years of this date. If
more than three years elapse before completing construction, plans and specifications must be
resubmitted and approved before construction begins. This three-year expiration period does not
extend any compliance schedule requirements pursuant to a Department enforcement action
against a public water or sewage system.
Please be aware that this project may need a storm water general permit. Please contact the
Water Protection Bureau at 406-444-3080 for more information.
Sineerely,� �r
4�at�rer_� , . �ticler, Environmental Engineer Specialist
Public Vvater Supply Program
Public Water Supply & Subdivision Bureau
cc: Charles and Michelle Lapp
City of Kalispell, Department of Public Works
Flathead County Sanitarian
File
Centralized Services Division . E"forcensew € hlsion • Permitting & Caaar PHance Divisi€ n - Pan€ ing, Prevention & Assistance Division + items ,di£aSian:n Division
MontanaDepartment of
ICI
JCANVMONWUMAL
Judy Martz, Governor
P.O. Box 200901 - Helena, NIT 59620-0901 - (406) 444-2544 - www.cleal.state.ant.aas
February 5, 2004
PJ Stokes & Associates
322 2"d Ave West Suite B
.Kalispell MT 59901
Dear Sir or Madam:
RE: Blue Heron Estates Phase 11
Municipal Facilities Exclusion
EQ##04-2110
City of Kalispell
Flathead County
This is to certify that the information and fees received by the Department of Environmental Qualityrelating to
this subdivision are in compliance with 76-4-127, MCA. Under 76-4-125(2)(d) MCA, this subdivision is not
subject to review, and the plat can be filed with the county clerk and recorder.
Plans and specifications must be submitted when extensions of municipal facilities for the supply of water or
disposal of sewage are proposed 176-4-111 (3), MCA}. Construction of water or sewer extensions prior to
DEQ, Public Water Supply Section's approval is prohibited, and is subject to penalty as prescribed in Title 75,
Chapter 6 and Title 76, Chapter 4.
This file has been mailed to the Public Water Supply Section, Kalispell Office for their review.
fzt'd
Janet Skaarland
Compliance Technician
Subdivision Section
Water Protection Bureau
(406) 444-1801 — email J'skaarland@state.mt.us
state.mt.us
cc: City Engineer
County Sanitarian
file
Centralized Services Division ^ Enforsemen€ D€vision - Permitting & Compliance Division a Planning, Prevention & Assistance Division • Remedia.ion Division
City of Kalispell Public Works Department
Post Office Box 1997, Kalispell, Montana 59903-1997 - Telephone (406)759-7720, Fax (406)758-7831
January 23, 2004
Paul J. Stokes & Associates, Inc.
Consulting Engineers
343 First Avenue West
Kalispell, Montana 59901
Attention: Ed Engel, P.E.
RE: Blue Heron Estates, Phase II
Kalispell, Montana
Dear Ed:
The construction plans and supporting documents for the referenced project are hereby
approved.
We look forward to working with you on this project.
Res gViully
rank Castles P.E.
Assistant City Engineer
City of Kalispell
Post Office Box 1997 - Kalispell, Montana 59903-1997 --Telephone i406)758-7700 Fax(406)758--7758
December 30, 2003
Charles Lapp
3230 Columbia Falls Stage Road
Columbia Falls, IVIT 69912
Re: Blue Herron Subdivision Improvements
Dear Charles:
Earlier this fall we met with yourself and dean Johnson regarding the required
landscaping/street tree subdivision improvements for Blue Herron Subdivision.
At that time we reviewed the street tree ordinance and approved tree planting list.
It was agreed that the developers would plant the required approved trees to city
standards at a later date when tree planting is more appropriate to the
construction status. That is after driveways, sidewalks, etc, have been installed.
As per our phone conversation December 301�', 2003, you are about ready to file
final plat and have indicated to me that you have bonded for the appropriate
street tree improvements to city standards.
Thank you for your cooperation and consideration for developing a quality
subdivision project. If you have any questions or concerns, please give me a
call.
Sincerely,
1
Michaek Aker, Director
Kalispell Parks and Recreation
Cc: Narda'Nilson, Tri-City Planning
DAN KOLESAR
POSTMASTER
December 5, 2003
Curies Lapp
Dear Mr Lapp,
Thank you for meeting with us yesterday. It has been determined that your development will fall into
the area of Rural Delivery in Kalispell. However, 1 am not able to meet with the delivery manager until
early next week. I do want you to know that progress is being made and we should have an area and
specific information for you next week. You may have the City of Kalispell manager contact me if they
need personal verification that the wheels are turning on your project and contact with us.
Thank you.
Z
erely
Dan Kolesar
350 NORTH MER[DAN
KALISPELL, MT59901-9998
406755-WO
FAx: 406 756-OG45
322 Second Avenue West Suite N
Kalispell, MT 59901
Telephone (406) 755-8707
FAX (406) 755-2613
August 18, 2004
City of Kalispell
City Council
P.O. Box 1997
YAisgeU, MT 59903-1997
RE: Subdivision Improvement Agreement for the
Final Plat Blue Heron Estates No. 2
Reference is made to the above project. This is to certify:
The value of the incomplete work is $36,400.00 and the amount of the collateral for the
incomplete work at 125%, is $45,500.00.
At the suggestion of Mike Baker, Mr. Lapp will be installing the landscaping in the Spring
of '11-005. Therefore, the completion date for the sidewalks and landscaping is 8/15/05.
We have performed the fmal inspection on the above referenced project- All construction
that we observed was found to be in substantial conformance with the approved plans and
City of Kalispell and MDEQ regulations.
If you need any additional information please feel free to contact our office.
Sincerely,
PAUL J. STOKES & ASSOCIATES, INC,
A
By:
Ed Engel, P.E" 'I . '-0
Project Engineer E NGE L
12762PE
c: Charles Lapp OAML
file
2 GLACIER BANK
a
OF WHITEFISH
IRRECOVABLE LETTER OF CREDIT
Letter of Credit No.12-04-48
Dated: August 19, 2004
Expiration Date: October 15, 2005
Amount: $45,500.00
Kalispell City Council
City of Kalispell
P.O. Box 1997
Kalispell, MT 59901
We hereby establish in your favor an irrevocable letter of credit up to the aggregate
amount of $45,500.00 at the request of Blue Jay Entemrises Inc. l Charles Lapp.
If Blue Jay Enterprises Inc. / Charles Lapp fails to complete the specified improvements
to the Blue Heron Estates Phase 2 within the time period set forth in the Improvement
Agreement, we will pay on demand your draft or drafts for such funds, to the limit of
credit set forth herein, as are required to complete said improvement. All drafts must
indicate the number and date of this letter of credit and be accompanied by a signed
st'cELGi11C11L Vl CLIl a -at 11V[1GG[1 Vif-if 1L�LQl Llltil L11G i1111o1,L11L 1J Ul[LW11 LV 111Z5Ld11 lntproVe11fe11LJ I.IUL
installed in conformance with the Improvements Agreement and specifying the default in
question.
All. drafts must be presented prior to the expiration date stated above, and this letter of
credit must accompany the final draft for payment.
This letter may not be withdrawn or reduced in any amount prior to its expiration date
except by your draft or written release.
Except so far as otherwise expressly stated herein, this Letter of Credit is subject to the
Uniform Customs and Practice for Documentary Credits 1983 Revision, International
Chamber of Commerce, Publications 4400.
WHITEFISH
Randy Cecil, Vice President
220
319 SECOND STREET WHITEFISH,
TICOR TITLE INSURANCE COMPANY
Policy No, 7403078- 1040
CrI�Is1=.T_1�JII��
TICOR TITLE INSURANCE COMPANY, a California corporation, herein called the Company, guarantees the
Assured against actual loss not exceeding the liability amount stated in Schedule A which the Assured shall
sustain by reason of any incorrectness in the assurances set forth in Schedule A.
1. No guarantee is given nor liability assumed with respect to the identity of any party named or referred to in
Schedule A or with respect to the validity, legal effect or priority of any matter shown therein.
2. The Company's liability hereunder shall be limited to the amount of actual lass sustained by the Assured
because of reliance upon the assurance herein set forth, but in no event shall the Company's liability
exceed the liability amount set forth in Schedule A.
PLEASE NOTE CAREFULLY THE LIABILITY EXCLUSIONS AND LIMITATIONS AND THE SPECIFIC
ASSURANCES AFFORDED BY THIS GUARANTEE. IF YOU WISH ADDITIONAL LIABILITY, OR
ASSURANCES OTHER THAN AS CONTAINED HEREIN, PLEASE CONTACT THE COMPANY FOR
FURTHER INFORMATION AS TO THE AVAILABILITY AND COST.
Dated: '`V
p ^"q r
I
, n 'tt2��'
Mil Signatory
By
Attest
TICOR TITLE INSURANCE COMPANY
President
Secretary
Reorder Form No. 8993 (Reprinted 12/00) Miscellaneous Guarantee Face Page
For Use 1n Montana & Washington
CERTIFICATE OF PLAT
Guarantee No.: 7403078-1040
Order No.: 206041104
Liability: $1,000.00 Fee: $150.00
Effective Date of Guarantee: July 7, 2004 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
but without examination of those Company records maintained and indexed by name):
A Tract of land in the SEIASEl/4 of Section 2, Township 28 North, Range 22 West, P.M.M., .Flathead County,
Montana, described as follows:
Commencing at the northeast corner of SE114 of said Section 2; thence
South 00°46'33" West 1353.59 feet along the east boundary of said SE114 to the northeast
corner of Lot "2" as shown on Vogler Subdivision No. 2, records of Flathead County;
thence
South 89°48'15" West 1034.95 feet along the north boundary of said Lot "2" to the
northwest corner of Blue Heron Estates No. 1, a subdivision records of Flathead County,
being the True Point of Beginning of the tract of land :herein described; thence along the
west boundary of said Blue Heron Estates No. 1 the following courses:
South 00°35'1.8" West 129.11 feet;
South 26°31'29" East 66.94 feet;
South 00°35'18" Vest 574.00 feet;
y\i-h Ii0101152s1 V.q Al 07 fpt And
South 00°35'18" rest 81.72 feet to a point on the south boundary of Lot "2" of said Vogler
Subdivision No. 2; thence along the boundaries of said Lot "2" the following courses:
South 89°53'12" West 330.09 feet;
North 00°37'00" East 330.00 feet;
North 00'35'1.8" East 574.42 feet and
North 89°48'15" East 277.50 feet to the Point of Beginning.
The above described tract of land is to be known and described as "Blue Heron Estates No. 2.
Title to said real property is vested in: Charles Lapp and Mickey Lapp, as joint tenants
CERTIFICATE OF PLAT
Order No: 206041104
Policy No: 7403078-1040
Subject to the matters shown below under Exceptions, which Exceptions are not necessarily shown in the order of their
priority.
EXCEPTIONS:
1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes
or assessments on Real Property or by the public records.
2. 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.
3. Title to any property beyond the lines of the real property expressly described herein, or title to streets, roads,
avenues, lanes, ways or waterways on which such real property abuts, or the right to maintain therein vaults,
Tunnels, ramps, or any other structure or improvement; or any rights or easements therein unless such property,
rights or easements are expressly and specifically set forth in said description.
4. Taxes, including any assessments collected therewith, for the year 2004 which are a lien and not yet payable.
5. An easement for the purpose shown below and rights incidental thereto as set forth in document:
Granted to: American Telephone and Telegraph Company, a New York corporation.
Purpose: Public Utilities.
Recorded: November 2, 1993.
Instrument No.: 93-306-0854-0, of Official Records.
6. Terms and provisions of State of Montana, Department of Environmental Quality, Certificate of Subdivision Plat
Approval, recorded with Vogler Subdivision on August 6, 1997 Instrument No. 1997-218-1134-0, of Official
Records.
T Terms, provisions, covenants, conditions, definitions, obligations, reservations and restrictions, contained in
Document:
Purpose: Subdivision Improvement Agreement
Recorded: August 6, 1997
Instrument No.: 1997-218-1135-0, of Official Records.
8. Easements, reservations, restrictions, notes and/or dedications as shown on the official plat of Subdivision No,
204.
Covenants, conditions and restrictions, but omitting any covenant or restriction based on race, color, religion, sex,
handicap, familial status, or national origin unless and only to the extent that said covenant (a) is exempt under
Chapter 42, Section 3607 of the United States Code or (b) relates to handicap but does not discriminate against
handicapped persons as set forth in the document. Warranty Deed
Recorded: August 29, 2001.
Instrument No.: 2001-241-1611-0, of Official Records.
W. Terms, provisions, covenants, conditions, definitions, obligations, reservations and restrictions, contained in
Document:
Purpose: Resolution No. 4783 A Resolution to provide for the Alteration of the Boundaries of The City of
Kalispell by including therein as an Annexation.
1ZPPnrC11-1j' TIM0. A ?001
Instrument No.: 2003-160-1107-0, of Official Records.
11. Terms, provisions, covenants, conditions, definitions, obligations, reservations and restrictions, contained in
Document:
Purpose: Petition to Annex and Notice of Withdrawal From Rural Fire District
Recorded: June 9, 2003
Instrument No.: 2003-160-1108-0, of Official Records.
12, A Deed of Trust/Trust Indenture to secure an indebtedness in the amount show below and any other obligations
secured thereby:
Amount: $568,972.80.
Trustor/Grantor: Charles Lapp and Michelle Lapp was also known as Mickey Lapp.
Trustee: Alliance Title and Escrow Company.
Beneficiary: Glacier Bank of Whitefish.
Recorded: October 31, 2003.
Instrument No.: 2003-304-1544-0, of Official Records. (Includes Other Property)
13. Covenants, conditions and restrictions, but omitting any covenant or restriction based on race, color, religion, sex,
handicap, familial status, or national origin unless and only to the extent that said covenant (a) is exempt under
Chapter 42. Section 3607 of the United States Code or (b) relates to handicap but does not discriminate against
handicapped persons as set forth in the document.
Recorded: January 22, 2004.
Instrument No.: 2 004-022 -163 1 -0, of Official Records.
14. Terms, provisions, covenants, conditions, definitions, obligations, reservations and restrictions, contained in
Document:
Purpose: Subdivision Improvement Agreement
Recorded: January 23, 2004
Instrument No.: 2004-023-0912-0, of Official Records.
15. A survey of subdivision plat must be recorded before the title company insures any conveyance of the land
described herein.
16. Easements, notes and certification, as shown on the unrecorded survey made by Sands Surveying, Inc., dated June
9, 2004 as Job No. 232103-B.
17. The above described property appears to be located in the West Valley Fire District.
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var ations, if , any, wiih actual survey'!
ALLIANCE TIT LE
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CONSENT TO PLAT
The undersigned, a r holder(s) of the
Beneficial interest in a mortgage recorded c„w t a as document *
`f a1, ® t 1� , re -cords of Flathead County, Montana, do h reby consent, pursuant
to Title 76, Chapter 3,rt 812, MCA (1889), to the subdivsnarxlattg of property
17
included on such mortgage, such subdivision to be knownJ7
6
In witness whereof, this consent has been executed this f day of 20
IL
Sign 1
State of )
} SS•
County of : �- )
before me a undersigned, a Notary Public
On this � � day of �� � ` ,- ' ,
fo€ the State of , personally appeared M -0 Am , known to me
to be the person(s) v►+hose name(s) is (are) scribed to th ing instrument, and
acknowledged to me that he executed the same.
In witness whereof, I have set my hand and affixed my Notorial Seat the day and year
fret above written.
Plat Room
Flathead County, Montana
800 S. Main St.
Kalispell, MT 59901
(400) 758-5510
This Form is for Subdivisions & Condominiums Only
BY' S C'v'--4
FOR: L&"
DATE -7�- 3/0 Y
DESCP: etttk PURPOSE .
YEARS ASSESSOR #
2000 THRU
6 & TO DATE
v1�atoab
o0-0Yf76v
I hereby certify that there are no outstanding taxes on the property
assigned the assessor numbers listed above, for the years indicated for
each assessor number.
Deputy Treasurer
(seal)
DECLARATION OF DESIGN GUIDELIN , CONDITIONS
COVENANTS, AND RESTRICTIONS
BLUE HERON ESTATES No. 2
THIS DECLARATION, made this �day of ',n f - ,2004, by the undersign,
Charles and Mickey Lapp of 3230 Columbia Falls Stage Columbia Falls, Montana,54412
Whereas, the undersigned is the owner of certain real property known as Blue Heron
Estates No 2, according to the recorded plat thereof on file and of recording the Office of
the Clerk and recorder of flathead County, Montana Blue HeroTLFstates No. 2 is a
subdivision located in the SE d/4 SE t/4 Section 2, Township 2N, Range 22 W. P.M.M_
and said subdivision will be a phased project with future phases being added to the dome
Owners Association and subject to these guidelines, conditions, covenants, and
restrictions herein after set forth, each and all of which is and are for the benefit of said
property and for each owner thereof ,and shall pass with said property and each and every
parcel thereof, and shall apply to and bind the successors in interest and any owners
thereof.
NOW, THEREFORE,
Charles and Mickey Lapp, herein referred to as Declarant being the owner of all the real
propedy known as Blue Heron Estates No. 2, according to the plat hereby declares that
the said real property is, and shall be held, transferred, sold or conveyed, subjected to the
design guidelines, conditions, covenants, anal restrictions hereafter set forth.
The design guidelines, conditions, covenants, and restriction, hereinafter set forth are
designed to provide a uniform plan for the development of the whole of said subdivision.
All persons or corporations who shall hereinafter acquire any interest in the above
described property shall be taken and held to agree and covenant with the owner of the
lots in said subdivision and with their heirs, successors and assignees, to conform to and
observe the following conditions, covenants, and restrictions as to the use thereof and as
the construction of dwellings and improvements thereon. Each owner is responsible for
complying with and meeting the spirit and intent of the criteria of the Guidelines,
Conditions, Covenants, and Restrictions.
1.0 Blue Heron Estates Homeowners Association
The Declarant shall create an organization consisting of all owners to be called
the Blue Heron Estates Dome Owners Association. Said association shall be
operated as per Roberts Rules of Order.
Blue heron Estates Homeowners' Association shall be formed at a time
designated by the Declarant, but no later than when 75% of the lots have occupied
structures, and shall consist of the owners of each lot of Blue Heron Estates No.2.
The owner or owners of each lot shall be entitled to a single vote in the
Association. The Board Of Directors, shall consist of not fewer than 10% and not
greater then 15% of the lot owners.
The Blue Heron Home Owners Association shall be responsible for the care and
maintenance of the common. properties and each homeowners use of the common
properties will be governed by such rules as adopted by the Association. For the
purposes of maintaining and caring for these common properties, the Board of
Directors may make reasonable annual assessments to the lot ow-ners and such
assessment may be collected in a suit subject to the provisions stated below for
enforcement of covenants and may become a lien upon the land by a filing by the
Board of Directors of a lien which shall describe the lot, state the amount of the
assessment that has not been paid, and when it was assessed. A lot owner whose
lot is subject to such a hen must pay the assessment, costs before the lien is
released. This lien may also be foreclosed in the manner of foreclosure for
mortgages with the prevailing party entitled to attorney fees. Common properties
as used herein shall include designated parkland. Lot owners are encouraged to
remain active members of this Association, Each lot owner i.s a member of the
Association by virtue of his acquisition of the lot.
2.0 Design Review Board
The Design Review Board ( DRB ) shall consist of the Declarant, and for whom
ever they may appoint. When the Blue Heron Home Owners Association has been
established, the Board Of Directors may act as the DRB.
3.0 The Process
The DRB is responsible for reviewing and approving all development within Blue
Heron Estates No.2. This includes but not limited to, new construction
renovation, expansion or refinishing of the exterior of structures. Plans must be
reviewed by the DRB before construction.
The DRB process has been designed to encourage dialogue with owners and
builders. The process is intended to be constructive , not adversarial or
unnecessarily restrictive.
As owner, you shall ensure your development team complies with the following
general requirements to assure Blue Heron Estates No. 2 of your commitment to
respecting the community within which you are building
4.0 Building Guidelines:
Guidelines are outlined in more detail as follows.
5.0 Lot Grading and Drainage are responsibilities of the Owner/Builder.
Every effort should be made to save all top soil while excavating for foundation
and drive way to be used in forirring the yard. Foundation elevations must be set
with drainage as a priority. Typically, Natural drainage patterns and flow should
not be obstructed. Your development and other improvements should be sited to
avoid drainage courses.
5.1 Driveways may be considered individually or in common with a suitable adjacent
lot and owner. You may be required to provide a Shared Access Agreement if
undertaking to incorporate a common driveway or amenity. This location roust
consider safe road design, in particular relative to intersections, vehicle stacking
and natural landscape impact on safe driver site lines.
The owner is responsible to maintain the lot and road right -of -way, including
side walks.
Driveways shall be adequately reinforced concrete.
6.0 Building limits and exterior walls of the building and foundation are to be
designed to meet all set backs established for the applicable zoning.
6.1 Building Size! Each dwelling unit shall be site built and contain not less than
1200 square feet of total living space; exclusive of attached garage and open.
porches. Houses with exact exterior designs must not be in adjoining lots. If the
designs are similar they mast be differentiated with such things as porch design
dormers, bays or the like. Simply " flipping" a plan would not be adequate.
6.2 Buildings should provide horizontal and/or vertical breaks in the wall planes.
Establishing a rhythm of openings between solids and voids in the facade through
design and proportion.
Front and Rear Elevations should be articulated with relief. "variations in set
backs in both plane and elevation are encouraged.
6.3 Building heights should take advantage of the view opportunities, while at the
same time be sensitive to adjacent development, and land slope. Maximum
building heights are measured in accordance with applicable zoning,
6.4 Roof Shape & Character is important to avoid vertical monotony_ The use of
porch or balcony roofs and dormers of all sizes contributes to the human scale.
This is encouraged to provide a texture and an apparent reduction of the built
mass.
6.5 Finishing for the various building faces, walls and roofs -must adhere to the
following notes:
A. Materials for roofs may be asphalt, flat concrete or fiber -cement the or
similar composition material, metal or wood material must be approved
by DRB.
B. Siding Materials for walls must be lap style. Stucco, stone or brick may be
incorporated as an accent. Duplex/ Townhouses must remain consistent in
roofing and siding.
C. Materials for garage doors are preferred in a type of maintenance free
construction. Garages must be at least 2 car - one or two door design is
acceptable.
6.6 Exterior lighting is to be limited to low intensity non -glare fixtures to provide
adequate illumination for safety and aesthetic enhancenrient. Uncovered light
fixtures or non- focused, non- downward lighting fixtures are not permitted.
6.7 Building Accessories are those various attributes that are part of the atmosphere
of each building. The following elements are often used and the following
conditions are directed at how they may be used in Blue }-Heron Estates No)
A. Antennae are restricted to interior attic applications only.
B_ Satellite dishes may be used if discretely located on the buildingand a
maximum 24" diameter. Large ground mounted satellite dishes are
prohibited.
C. Address identification, is mandatary and suggested near the roadby the
vehicle access driveway for delivery and emergency response purposes.
D. Garbage mast be contained near the side or rear of each residence in
containers furnished by garbage disposal services.
E. fencing is to comply with applicable zoning.
F. Out buildings shall be developed to coordinate with architectural motif
and finish of the house. They are to be located within the back yard, and
cannot be larger than. 10% of the living space of the house.
6.8 Compliance with other regulations: It remains the responsibility of the
Ovmer/Builder to ensure that the construction of any buildings on the site
conforms with State, Town or .municipal laws, regulations, by-laws or other
enactment's. and any encumbrances affecting the title to the property, including,
,krthout limitation, utility rights -of -way, easements and restrictive covenants and
all requirements outlined in the drainage section of these covenants.
7.0 Landscape Guidelines
All open or undeveloped area of the lot should be seeded or sodded in
conjunction with any other plants, shrubs or trees and maintained appropriately.
7.1 Tree planting is encouraged as part of your lot and development process.
7.2 Law-n Areas should be seeded or sodded with a mowable seed mixture.
7,3 Retaining Walls are to be designed and constructed so as to blend into the natural
landscape. They may take on a more natural appearance through the use of native
rock, timber and plant material, or perhaps reflect the architecture presented
through the building by incorporating matching or complimentary material and
detail.
8.0 Site Guidelines
The following guidelines shall be included in any construction and for project
plans for any lot located 'Mthin Blue Heron Estates No.2. These guidelines shall
be strictly adhered to and shall be interpreted as the intent of these Design
Guidelines, Conditions, Covenants, and Restrictions.
8.1 Purpose, Use and Activities.
A. No lot shall be used except for single-family residential purposes, or
duplex/townhouse.
B. No lot or sub lot shall be further subdivided.
C. No temporary building, house trailer, mobile home, basement or partly
finished building or structure shall be erected or placed upon any lot
during construction. All construction shall be complete within one year
from the date construction begins. All homes must be new construction.
Factory built homes are not allowed within the subdivision.
D. The parking or storage of campers, camping trailers, pick-up campers,
boats, snowmobiles, trailers, infrequently used or seasonal vehicles must
be kept in the side or back yard. Street parking is reserved for short term
parking such as guests
E. No advertising, billboards or advertising structures of any kind shall be
erected, used or maintained on the property.
F. At the time of hoarse construction, lot owner shall construct a ininimurn
two car attached garage on the property! .
G. Home business must comply Nv-ith applicable zoning and must comply
with city ordinances and not create undo vehicle traffic.
H. Fuel tanks are not allowed.
All utilities shall be under ground.
8.2 Park Space (Recreational Area )
A. Park space has been created as per subdivision regulations and some non
borne owner use can be expected but not encouraged.
B. The maintenance of the Park Space shall be provided at the expense of
Home Owners Association. Any expenses incurred for such maintenance
shall be included as dues or assessments as The Board of Directors shall
determine.
C. Any Real Estate 'Faxes imposed by, any agency having jurisdiction upon
the Park Space, or any other expenses deemed appropriate by the Board of
Directors shall be paid by the Home Owners Association.,
8.3 Anirnals, Birds, and Pets
No animals, livestock or poultry of any kind shall be raised, bred or kept any lot,
except that dogs, cats or other household pets may be kept, provided that they are
not kept, bred or maintained for any commercial purpose and roust be confined
to their owners property and must be kept under their direct control, as per local
ordinance.
SA Removal of Waste, Property Anvearance and Uvkeep
A. Noxious or offensive activity shall not be carried on upon any lot, nor
shall anything be done thereon which may be or may become an
annoyance to the neighborhood including barking dogs.
B. All structures upon the property shall be kept in good repair and
appearance.
C. No part of this properly shall be used or maintained as a dumping ground
or storage ground for rubbish, trash, garbage, old automobile or other
waste. All waste shall be stored in containers 1^umished by garbage
disposal services and shall be promptly removed from the property in a
timely manner.
D. Property owners shall comply with a weed management plan approved by
the Flathead County Noxious Weed Board.
9.0 General Provisions
A. These Covenants are to run with the land, and shall be binding on all
parties, and all persons claiming under them, unless an instrument signed
by a majority of the owners of the lots has been recorded agreeing to
change said covenants in whole or in part.
B. The Grantor and every person hereinafter receiving any right, title or
interest in any tract in said property shall have the right to prevent or stop
violation of any of the said restrictions by iTj unction or other laWfUl
procedure, in law or in equity, against the person or personas violating or
threatening to violate these restrictive covenants. Any person who shall
prosecute an action successfully may recover any damages resulting from
such violation, and it is expressly understood by any persons purchasing
this property that, if an action successfully brought against him for a
violation of these covenants; that a reasonable attorney's fee shall be
assessed against hint in addition to any other damages.
C. Invalidation of any one of these covenants by judgment or court order
shall in no way affect any of the other provisions, which shall remain in
full force and effect.
D. These covenants may be altered or additions made thereto with the written
consent of the owners of at least eighty percent (80%) of the lots ( by
number ) or the owners of lots agreeing thereto, by written amendment,
acknowledged by signature and filed with the Office of the County Clerk
and Recorder of Flathead County, Montana. The Blue heron Estate
Homeoikmers' Association shall be entitled to enforce these regulations as
if it was a lot owner and be, upon prevailing, entitled to attorney fees. Any
amendment is to be deemed effective thirty ( 30 ) days after recording or
filing. The revised Declaration of Covenants so approved will be the
governing document regarding said covenants and all previous
Declaration. of Covenants will have no force or effect.
10.0 Enforcement
"Before legal proceedings are commenced, the DRB intending to enforce the
covenants shall notify, the lot owner violating any covenant in writing specifying
the failure and demanding that it be remedied within a period of thirty ( 30 days
of the date of the notice. If the owner fails or refuses to remedy the violation
within said 30 days, then the Blue Heron Estate Association. or DRB shall have
the right to undertake any and all action that they in their sole discretion deers
necessary and reasonable under the circumstances in order to terminate or correct
the act or condition which violates the covenants including obtaining legal or
equitable relief including injunctions or orders and/or entering upon the premises
for the purposes of removing any non -complying improvements, nuisance,
garbage or vehicle. No entry upon a lot by the DRB, the Board of Director, or its
agent for purposes of enforcing these covenants shall be deemed a civil or
criminal trespass.
IN WITNESS WHE OF, I have hereunto set y hand the day and year
first herein abo rritten, .,
STATE OF MONTANA )
)Ss
County of Flathead )
On this day of . a ,=. t 2004, before me, the undersigned, a Notary Public
for the State of Montana,` personally appeared ` known to
me to be the person(s) whose name(s) is/are subscribed fo the within instrument, and
acknowledged to me that he/they executed the same.
IN WITNESS WHEREOF, I have set my hand and affixed my
year first above written.
day and
Notary Pulr�c for " e'St=ofMtana
Residing at: ';�T
My Commission xpires G'