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Staff Report/Phase 1 Final Plat
City of Kalispell Planning Department 17 - 2"d Street East, Suite 211, Kalispell, Montana 59901 Telephone: (406) 751-1850 Fax: (406) 751-1858 Website: kalispellplaig.coz REPORT TO: Kalispell Mayor and City Council FROM: Sean Conrad, Senior Planner James H. Patrick, City Manager SUBJECT Final Plat for Aspen Creek Phase 1 MEETING DATE: August 7, 2006 BACKGROUND: This is a request for final plat approval of Aspen Creek Subdivision Phase 1, consisting of 32 single family residential lots and 18 townhouse lots and two commercial lots on approximately 19 acres. The property is generally located on the south side of Three Mile Drive approximately 700 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, P.M.M., Flathead County, Montana. The property was annexed into the city of Kalispell on May 2, 2005 and given an initial zoning designation of RA-1 Low Density Residential Apartment with a Planned Unit Development Overlay. The Aspen Creek Subdivision (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 per letter from William Boger, P.E.. A Subdivision Improvements Agreement (SIA) in the amount of $547,504.16 has been submitted to secure completion of the remaining improvements which consists primarily of street work, curbing, mail box receptacle, sidewalk and landscaping. The performance bonds submitted with the final plat application address the 125% of the estimated cost of remaining improvements. The SIA notes the water and sewer mains and the hydrants have been completely installed. A letter from the Assistant City Engineer dated July 27th states that the Public Works Department has approved the completed improvements listed in the SIA. The estimated completion date for the remaining items listed in the SIA is November 15, 2006 or sooner. RECOMMENDATION: A motion to approve the final plat for Aspen Creek Phase 1 and accept the Subdivision Improvement Agreement would be in order. FISCAL EFFECTS: Positive impacts once developed. ALTERNATIVES: As suggested by the city council. Respectfully submitted, Sean Conrad '34mes H. Patrick Senior Planner City Manager Report compiled: July 28, 2006 Attachments: Letter of transmittal Final plat application and supporting documents EXHIBIT C CERTIFICATE OF ENGINEER I, William D. Boger, a Licensed Professional Engineer in the State of Montana, acting on behalf of Thomas, Dean & Hoskins, Inc., do hereby certify: Estimated costs its Exhibit B attached hereto are true and accurate; Work completed has been completed in accordance with the approved plans and specifications, standards of the City of Kalispell and the State of Montana. Done this '—' day 4.- of, 2006. Ae William D. Boger I'62'82P:E ', - `-,t;�t''� Certificate of Notary State of Montana County of Flathead On this day of 005, before me the undersigned, a Notary Public for the State of Montana, personally appeared 1 . known to me to be the person whose name is subscribed to the forgoing instrument and acknowledged to me that liq execuiedJ tl sa le. VW $ t ��//;,.� Notary Pu lic for th State o Residing at ° My Commission Expires on It INTERNATIONAL FIDELITY INSURANCE COMPANY SUBDIVISION IMPROVEMENTS PERFORMANCE BOND Bond No. 0429006 Initial Premium $8,213.00 Subject to Renewal KNOW ALL MEN BY THESE PRESENTS: That we, Kalispell Bowser Creek Associates, LLC as Principal, and INTERNATIONAL FIDELITY INSURANCE COMPANY, a corporation duly authorized under the laws of the State of California to become surety on bonds and undertakings, as Surety, are held and firmly bound unto City of Kalispell, Montana as Obligee in the full and just sum of Five Hundred Fort Seven Thousand Five Hundred Four and 16/100 Dollars, ($ 547 504.16 ) lawful money 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. Assessors Tract 2 located in Section 11 Township 28 North Range 22 West. 1'.M.M., Flathead County,_Montana (40 _ Three Mile Drive) entered into an agreement or _ ,0 , 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 be 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 CA, this 5th day of MM, 20 06. Kalispell Bowser Creek Associates, LLC a Montana limited liability company ft. VPI, Inc., a-Eal4ruia corporation, its Manager By: Robert Isackson, President 1 Principal INTERNATIONA FIDELITY INSURANCE COMPANY By k. A. ass / Attorney -in -Fact State of California County of SAN FRANCISCO On 05/05/06 ACKNOWLEDGMENT before me, VENETIA G JOHNSON, NOTARY PUBLIC (here insert name and title of the officer) personally appeared R. A. BASS personally known to me (or proved to me on the basis of satisfactory evidence) to be 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(les), 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. --- V.Ir1a-:..oaNsoN Q Comrntss on # 1419935 z Notary blic . confornrr, San Francisco county SignaturebW(Ao . F-T1r-*8M aY 2d, 20 (Seal) STATE OF CALIFORNIA COUNTY OF SAN FRANCISCO On May 8, 2006, before me, Dona Gomez, a Notary Public in and for said County and State, personally appeared Robert Isackson, personally known to me (or proved to me on the basis of satisfactory evidence) to be 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 person(s) or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. of Notary (For notary seal or stamp) �� DONA GOMEZ Cotrjml-%Ion # 1468942 z [ Notary Public - California � z 4.,.`:..' . - • Son Francisco County MyCornrn.Expires Feb B.2( 8 " " ei'' 97x. - 24-72t)0 c > POWER OF ATTOI;NY :.i I ... .:. ... .. ... .. ... . . AT'� IIF INTERN 0 T ISC C[3 ANY �IDEI..� TIONE OFFICE: ONE :NEG4TARK. CENTER; :26TH !:FLOOR.:: . INEWARK, NEW JIR9EY...t]7102-52Q3, KNOW ALL MEN BY TFIESE PRESENTSt:.Tbat.1NTERNATIONAL FIDELITY: NNURANCE COMPANY; ;.a corporatirin. iirganized and existing laws: of the: State of New Jersey, and havitrg::its principal office' in. the City :of Newark,: New .Jersey; does hereby: constitute and: appoint. VENETIA G: JOHNSON, KATHERINE TIBERI; R.A...BASS,'.JAMES B.. SHEA THERESE.A:. MCNULTY San Francisco, CA.': ........:.....::...................................................... .......... ........ ........................ ......... ........................................... ...................... ..........................................................................................: its true and lawful attarney(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 writings obligatory in the. nature thereof; which are or may be allowed, required dr'permittedby :law,, statute; rut regulation, contract or otherwise, and the execution of .such mstitiment(s) in pursuance of these presents, shall be as. binding upon the said TNTJrRNATTf)NAL FIDELITY INSURANCE COMPANY, as. fully and amply, to all intents and purposes, as if the some had been duly executed : and acknowledged by its regularly elected officers at its principal office, This Power of Attorney is executed, and may be revoked,. pursuant to and by authority of Article 3-Section 3, of the By -Laws. ado ted by the Board of Directors of INTERNATIONAL FIDELITY INSURANCE COMPANY at a' meeting called and held on the 7'th day. ofyFebruary, 974. 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 them to execute on behalf of the Company, and attach the Seal of the Company thereto, bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof and, (2) To remove, at any time, any such attorney=in-fact and revoke the authority given. Further, this Power of Attorney 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 followmi g 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 orany certificate relating thereto by facsimile, and any such power of attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and bindin 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. IN TESTIMONY WHEREOF, INTERNATIONAL FIDELITY 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. 4Q INTERNATIONAL FIDELITY INSURANCE CO o SEAL 1904,u" STATE OF NEW JERSEY yd JS County of Essex '.... 1a Secre On this 29th day of August 20A3, before me came the individual who executed the preceding 'instrument, to tne' personalty known, and, being by me duly 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. flF ( 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 t:... Q PUBLIC. JE A NOTARY PUBLIC OF NEW Jl"I2SEX CERTIFICATION W Commission Expires Nov. 21.1:201.0 I;Athe undersigned: officer of INTERNATIONAL FiDEL1TY INSURANCE COMPANY' :do. hereby cet�€ 6 .that:'1. have compared the foregoing copy of the Power of Attoriie}'. aid affidavit, and the copy.of the Section of tlie'By-Laws of said Company as. set forth in.said.Power of Attothey, with the ORIGINALS ON IN THE HOME OFFICE. OF. SAID COMPANY, and that the same are -correct transcripts thereof,..and.of ttte:'whole o€'the said originals, and that the said.Power of Attorney has notbeen revoked and is now :in full force and effect.: : taA 1N T> STlMONY iWHEREOF; I have hereuntb set my hand this.::Sth : day of 14ay,:': 200 Assistaht'.Secreta ty ': INTERNATIONAL FIDELITY INSURANCE COMPANY SUBDIVISION IMPROVEMENTS LABOR AND MATERIAL BOND Bond No. 0429006 Premium included in Performance Bond KNOW ALL MEN BY THESE PRESENTS: That we, Kalispell Bowser Creek Associates, LLC as Principal, and INTERNATIONAL FIDELITY INSURANCE COMPANY, duly authorized under the lads of the State of California to become surety on bands and undertakings, as Surety, are held and firmly bound unto City of Kalispell, Montana as Obligee in the full and just sum of Five Hundred Forty Seven Thousand Five Hundred Four and 16/100**** Dollars, ($547504.16) lawful .money of the United States of America, for the payment whereof, said Principal and Surety bind themselves, their heirs, executors, successors, administrators and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THE OBLIGATION IS SUCH THAT; whereas the above named Principal has entered into an agreement of agreements which are made a part of this bond, with the City of Kalispell, Montana as Obligee for the improvements is the subdivision designated as (Tract/Parcel) Map No. Assessors Tract 2 located in Section 11 Township 2$ North Ran e 22 West P.M.M. Flathead Count Montana 400 Three Mile Road), as required by the Government Code of California. NOW THEREFORE, condition of this obligation is such, that if the above Principal fails 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 sw-n 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 5th day of _ May , 20 06 Kalispell Bowser Creek Associates, LLC a Montana limited liability company B : VPI Inc. a CalifbmiA-6brvoration, its Mana er j Principal By Robert lsackson, President International Fidelity Insurance Company By...---". t R. A. BASS Attorney -in-Fact ACKNOWLEDGMENT State of California County of SAN FRANCISCO On 05/05/06 before me, VENETIA G JOHNSON, NOTARY PUBLIC (here insert name and title of the officer) personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) islare 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 person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS Signature (Seal) STATE OF CALIFORNIA COUNTY OF SAN FRANCISCO On May 8, 2006, before me, Dona Gomez, a Notary Public in and for said County and State, personally appeared Robert Isackson, personally known to me (or proved to me on the basis of satisfactory evidence) to be 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 person(s) or the entity upon behalf of which the person(s) acted, executed the Instrument. WITNESS my hand and official seat. 17 Signature Notary (For notary seal or stamp) Carr mission # < 4€ 8942 = Notary Public - Catit2rnla � ° `' San Francisco County My Comm. Expires Fee) 8-2008 M Tel ;(9731624-7Z POWER't)F ATT �Y E ATI IN'T RN UNAZ FIDE.LITY INSURANCE COMPANY HdME © ONE: . CENTER 20 H FLOOR. .NEWA NEyARK,.NEW ,TEItSE:Y. 07102-5207 KNOW—ALL MEN BY Ts1I.SE PRE3EiV & .: That.INTERNATIONAL FIDELITY 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 constitute and.appoint VENEI'IA: G:- JOHNSON, KATHERINE'TIBERI, R.A.. BASS, JAMES B. SHEA, THERESE A. MCNIXTY San.Fraticisco, CA::: :...............................................................•.................. ................................................................... ................. ................. ......... ....................................................... ............. .............. its true and lawful. anorney(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 writings obligatory in.the.nature thereof,which are or may be allowed, required or permitted IN by law, statuare, rule regulation, contract or otherwise and the execution.:of .such insttument(s). in pursuance of these presents; shall be as binding upon the said TERNAT)� FIDELITY iNSURA ICE 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 Power of Attorney is executed, and may be revoked, pursuant to and by authority of Article 3 Section 3, of the By -Laws adopted. by the Board of Directors of INTERNATIONAL FIDELITY INSURANCE 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 Attorneys -in -fact, and to authorize them to execute on behalf of .the Company, and attach the Seal of the Company thereto, bonds and undertakings; contracts of indemnity and other writings obligatory in the nature thereof and, .(2) To remove, at any time, any such attorney -in -fact and revoke the authority given. Further, this Power of Attorney 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 power 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 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. IN TESTIMONY WHEREOF, INTERNATIONAL FIDELITY INSURANCE COMPANY has caused this instrument to be D3SEACM signed and its corporate seal to be affixed by its authorized officer, this 29th day of August, A.D. 2003. INTERNATIONAL FIDELITY INSURANCE CO STATE OF NEW JERSEYCounty of Essex .07ASecreta On this 29th day of.August 2003, before me came the individual who executed the preceding instrument, to me personally known, and, being by me duly sworn, said the he is the :therein described and authorized officer of the INTERNATIONAL FIDELITY INSURANCE COMPANY; that the seal affixed to said instutent 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. City of Kalispell Planning Department 17 - 2nd Street East, Suite 211, Kalispell, Montana 5901 Telephone: (406) 751-1850 Fax: (406) 751-1858 Website: kalispellplannuig.com July 28, 2006 Jaynes H. Patrick, City Manager City of Kalispell P.O. Drawer 1997 Kalispell, MT 59901 Re: Final Plat for Aspen Creek Phase 1 Dear Jim: This is a request for final plat approval of Aspen. Creek Subdivision Phase 1, consisting of 32 single family residential lots and 18 townhouse lots and two commercial lots on approximately 19 acres. The property is generally located on the south side of Three Mile Drive approximately 700 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, P.M.M., Flathead County, Montana. The property was annexed into the city of Kalispell on May 2, 2005 and given an initial zoning designation of RA-1 Low Density Residential Apartment with a Planned Unit Development Overlay. The Aspen Creek Subdivision (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 per letter from William Boger, P.E.. A Subdivision Improvements Agreement (SIA) in the amount of $547,504.16 has been submitted to secure completion of the remaining improvements which consists primarily of street work, curbing, mail box receptacle, sidewalk and landscaping. The performance bonds submitted with the final plat application address the 125% of the estimated cost of remaining improvements. The SIA notes the water and sewer mains and the hydrants have been completely installed. A letter from the Assistant City Engineer dated July 27ch states that the Public Works Department has approved the completed Final Plat for Aspen Creek, Phase 1 July 28, 2006 Page 2 improvements listed in the SIA. The estimated completion date for the remaining items listed in the SIA is November 15, 2006 or sooner. The preliminary plat was approved with 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. COMPLIANCE WITH CONDITIONS OF APPROVAL: Condition No. 1. That the 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 PUD as approved by the city council. (Kalispell Subdivision Regulations, Appendix C - Final Plat) • This condition has been met. The subdivision has been platted in compliance with the approved preliminary plat and PUD. 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 townhouses accessed via a 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, 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 be developed until a minimum of 50 percent of the subdivision has been occupied by the residents. 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. (Site Development Review Committee) Final Plat for Aspen. Creek, Phase l July 28, 2006 Page 3 • This condition is met. The commercial lots will not be developed at this time because a minimum 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 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. 5. 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, #FL- 10 1-2005/ Bowser Spring Creek/Kalispell Bowser Creek Assoc., was issued by the Flathead Conservation District on January 17, 2006. The work along Spring Creek is not yet complete however the lots and road system within phase 1 will not utilize the creek crossing. Therefore, completion of work within Spring Creek is not required at this time. Condition No. 6. That the plans and specifications for all public infrastructure 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. (Kalispell Subdivision Regulations, Chapter 3, Design Standards, Section. 3.01). • This condition is met. A letter from Frank Castles, Assistant City Engineer, dated May 3, 2005 approved the construction plans. Condition No. 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 is met. Although the plat indicates a 30-foot wide private road and utility easement the owner of the property granting the easement has submitted a letter acknowledging that a public roadway will be constructed within the easement. Final Plat for Aspen Creek, Phase l July 28, 2006 Page 4 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 berming 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. 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. • The 20-foot buffer strip is shown on the final plat. A landscape plan for the buffer area has been reviewed and approved by the Parks and Recreation Director in a letter to the Engineering consultants dated June 20, 2006. MDOT has approved two access roadways onto Three Mile Drive. All improvements required to mitigate the development have been incorporated into the two approach permits. Condition. No. 9. The following requirements shall be met per the Kalispell Fire Department: Kalispell Subdivision Regulations, Section 3.20). a. Water mains designed to provide minimum fire flows shall be installed per City specifications at approved locations. Minimum fire flows shall be in accordance with Uniform Fire Code (1997) Appendix 111-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 IV meet the requirements of the Subdivision Regulations (Section 3.08) and emergency vehicle access needs. e. Due to project phasing it should be noted that hazardous weed abatement will be required in accordance with City of Kalispell Ordinance 10-8. • A memo dated July 6, 2006 from Brent Christopherson, Assistant Chief/Prevention states that fire hydrant flows and locations have been approved by the Fire Department. The developer has opted to bond for improving the streets to all weather driving surfaces and street signs. Therefore, no building permits will be issued until these are installed. The developer has also revised the preliminary plat to provide for turn-arounds which meet the Fire Departments specifications for lots 18-20 (A/B), 21-23 (A/B), and 24-26 (A/B). Final Plat for Aspen Creek, Phase 1 July 28, 2006 Page 5 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. Please see attached a letter from the Kalispell Parks and Recreation Department dated June 20, 2006. 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). • As part of phase 1 the developers have designated the park area. A letter from the Kalispell Parks and Recreation Department dated July 10, 2006 approves the park improvement plan. The developer has included money in the Subdivision Improvement Agreement for the improvement of the park area. 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. 3.04). • This condition is met. The road right-of-ways are shown on the final plat to the eastern boundary of the subdivision in order to meet this condition. 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 is met. A letter from FEMA dated November 24, 2004 approved the detailed floodplain study which reduced the size of the 100-yeas 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 FEMA study has been completed and accepted for the proposed creek crossing. Final Plat for Aspen Creek, Phase 1 July 28, 2006 Page 6 • This condition is met. The City of Kalispell issued a floodplain development permit (permit #05-07) 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. • The final plat application letter states that the property lines for lots along the creek are outside of the established vegetation line of the creek. Condition No. 16. That Lots 14A and B, 15A and B, 16A and B be reconfigured to accommodate single family dwellings. • These lots are located in the next phase of development and will be addressed at that time. Condition 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 Market Road) have been reviewed and approved and any associated and necessary improvements have been satisfactorily completed. (MDOT) • The Montana Department of Transportation issued two separate approach permits (permit # S-157(l )) onto Three Mile Drive for access into the subdivision on September 10, 2004. A letter from the Montana Department of Transportation dated July 11, 2006 has extended the approach permits until October 1, 2006. 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 west and to avoid the potential for an additional future access onto Three Mile Drive. • The 60-foot right-of-way reservation is shown on the final plat between lots 40 and 41 (lots 22 and 25 on the preliminary plat) to provide ingress and egress to the adjoining parcel to the west. Condition No. 19. The roads 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. (Kalispell Subdivision Regulations, Section 3.09). Final Plat for Aspen Creek, Phase 1 July 28, 2006 Page 7 • All roads within the subdivision have been named. A letter from the Kalispell Public Works Department regarding the signs will be required upon completion of installing the signs. Condition. No. 20. The developer shall provide a letter from the U.S. Postal Service approving the plan for mail service. (Kalispell Subdivision Regulations, Section. 3.22). s The plan for mail service has been approved by the U.S. Postal Service in a letter to Thomas, Dean and Hoskins, Inc. dated June 2, 2006. 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 Section 3.09(.)). • The developer has paid Flathead Electric Co-op to install the street lighting. Flathead Electric Co-op anticipates the lighting to be installed by early fall of this year. Condition No. 22. All utilities shall be installed underground. (Kalispell Subdivision Regulations, Section 3.17). * This condition is met. All utilities will be installed underground per the approved plans. Condition No. 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 65-73, Kalispell Planning Board) • This condition will be addressed in the next phase of the subdivision. Condition, No. 24. 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 fancily homes will be established at ten feet between the property boundary and the eave of the building. (Kalispell Planning Board) • This condition is met. The setbacks are reflected in the Covenants, Conditions and Restrictions for Aspen Creek Estates. Conditions No. 25. That a minimum of two-thirds of the necessary infrastructure for this subdivision shall be completed prior to final plat submittal. The response to conditions letter accompanying the final plat application states that a minimum of 66% of the improvements have been completed. Final Plat for Aspen Creek, Phase 1 July 28, 2006 Page 8 Condition No. 26. All areas disturbed during development of the subdivision shall be re -vegetated with a weed -free mix immediately after development. • This condition has been met per the attached Subdivision Improvements Agreement. Condition. No. 27. That a development agreement be drafted by the Kalispell City Attorney between the City of Kalispell and the developer outlining and formalizing the terms, conditions and provisions of approval. The final plan as approved, together with the conditions and restrictions imposed, shall constitute the Planned Unit Development (PUD) zoning for the site. • This condition has been met per the attached PUD Agreement dated the 6+h 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 date of approval with an automatic two-year extension as each phase of the subdivision plat has been completed and fled. (Kalispell Subdivision Regulations, Section 2.04). This condition has been met. The preliminary plat will expire on July 6, 2007. 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 preliminary plat and shall run with the land. This condition has been met. The waiver of protest appears on the face of the final plat. COMPLIANCE WITH THE SUBDMSION REGULATIONS: This subdivision plat has been found to be in compliance with the State and City Subdivision Regulations. The Subdivision Improvements Agreement expires on November 15, 2006. COMPLIANCE WITH THE ZONING REGULATIONS This subdivision complies with the Kalispell Zoning Ordinance and the provisions of the attached PUD Agreement which constitutes the zoning for the property. Final Plat for Aspen Creek, Phase 1 July 28, 2006 Page 9 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 August 7, 2006 regular city council meeting if possible. You may call me at 751-1852 if I can be of assistance to you regarding this matter. Sincerely, Sean Conrad Senior Planner Attachments: Vicinity map & 11 x 17 plat 1 opaque mylar of final plat 1 reproducible mylar of final plat 1 blueline of final plat Final plat application dated 6/22/06 Letters from TD&H dated 6/23/06 and 7/ 10 / 06 Letters from Kalispell Public Works dated 5 / 3 / 05 and 7 / 27 / 06 Letter from MDEQ dated 4 / 11 / 05 Letter from MDEQ dated 4 / 20/ 05 Letter from. Fire Dept dated 7 / 6 / 06 Letters from. Parks and Rec dated 6/20/06 and 7/ 10/06 Letter from USPS dated 6 / 2 / 06 Subdivision Improvements Agreement dated 6 / 22 /06 Engineer's certification Exhibit B Performance Bonds from International Fidelity Insurance Company bond # 0429006 dated 5/5/06 Title report # 7403078-1112 dated 6 / 7 / 06 Consent to Plat letter from Wells Fargo Bank dated 6/23/06 Treasurer's certification dated 6/23/06 Grant of easement from property owner to the east dated 9 / 1 / 04 Declaration of Covenants, Conditions, Restrictions for Aspen Creek Estates Planned Unit Development Agreement for Aspen Creek Estates dated 7/6/06 FEMA letter of map revision dated 11 / 24 / 04 Montana Department of Transportation Approach Permits dated 9/10/04 Final Plat for Aspen Creek, Phase 1 July 28, 2006 Page 10 Letter from Montanan Department of Transportation dated 7/11/06 c: Theresa White, Kalispell City Clerk William. D. Boger, P.E., Thomas, Dean and Hoskins, 31 Three Mile Drive, Kalispell, MT 59901 Kalispell Bowser Creek Assoc., LLC, 121 Spear Street, Suite 250, San Francisco, CA 94105 Tboma5, Dean c- Hoskins, Inc. : �. ;a>:;>-cY:: Eii//7.Iif'.C•PIng Gonsnitazl#5 June 23, 2006 Torn Jentz City of Kalispell Planning and Zoning Department 17 2nd Street East, Suite 211 Kalispell, MT 59901 RE: Aspen Creek Subdivision, .Phase I K05-074-003 Dear Tom: Attached is the submittal for the final plat of Aspen Creek Subdivision, Phase 1, in the following supplemental items: ♦ Two (2) Mylar Original Plat Maps (2 Sheets each) ♦ Four (4) blueline copies of the Final Plat Map Sheets, unsigned ♦ One (1) balf-sized copy of the Final Plat Map Sheets ♦ Signed application form and fee ($6,160.00) ♦ Original Title Report ♦ Tax Certification ♦ Consent to Plat from Lender ♦ Subdivision Improvement Agreement, including certificate of completion stamped and signed by a professional engineer ♦ Performance and Labor/Material Bonds ♦ DEQ Certification ♦ Letters from Fire Department dated August 27, 2004 and June 16, 2006 ♦ Letter from City Parks and Recreation Department dated June 20, 2006 ♦ LetRier 11 U111 U. S.P.S. UULCU JU11r, 2, LU UU approving iIlAI [)UX ilI11OUE ♦ Copy of Letter from the City of Kalispell Public Works Department approving construction plans JA20051K05-4741K05-074-003 - Final PlatAS'ordifmal plat.planning.ltndoc 1 . hree Mile! Dri e, Suits 101 A Kalispell, MT 9901 - (�06 751 5246 ® 1 fIX (40 ) 7 = 2 ♦ Copy of Letter from the Montana Department of Environmental Quality approving construction plans ♦ Copy of Letter of Map Revision (LOMR) from FEMA for revised floodpla.in ♦ Floodplai.n Development Permit from the City of Kalispell ♦ 310 Permit from Flathead County Conservation District ♦ Two (2) Approach Permits from Montana Department of Transportation. ♦ Draft Copy of Declaration of Conditions; Covenants and Restrictions ♦ Draft Copy of PUD The following were conditions of final plat with which the project complies: l . The Subdivision is in substantial compliance with the preliminary plat conditions (Dated July 6, 2004) 2. A Draft Copy of the Covenants, Conditions and Restrictions has been included for review. The final documentation will be filed with the appropriate agencies. 3. The Commercial parcels will not be developed at this time. This component of the project will be held until fifty (50) 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 Ietter will be provided from the Architectural Review Committee component of the f.lomeowners' Association to the City of Kalispell Site Development Review Committee. 5. A permit was obtained from the City of Kalispell for work within the floodplain. Additional permits (310 and Storm Water Pollution Prevention Permit (SWP.PP)) have been obtained from the Flathead County Conservation District and the Montana Department of Environmental. Quality for work performed in conjunction with the Spring Creek crossing. 6. The plans and specifications for all public .infrastructure 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. J ,2005,K05-074TO5;-074-003 - Final PlaMord`final plat.plannina.ltr.doe 7. The easement for the thirty (30) feet of right of way necessary for the road development from the east property owner was recorded in Certificate of Survey (C.O.S.) No. 16341.. 8. The twenty foot buffer strip is established on the face of the 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. 9. A letter from the City of Kalispell Fire Department has been attached regarding the following: a. Water main design and fire flows were designed in accordance with the applicable standards and reviewed by the Department of Environmental Quality and the City of Kalispell Public Works and Fire Department. The approval letter is attached. b. Fire Flydrant locations have been approved. Approval letter from City of Kalispell Fire Department is attached. c. Fire Department access has been approved. Approval letter from Jim Stewart dated August 27, 2004 is attached. d.. Secondary emergency access for future phases will be addressed in the phase in which they are appropriate. e. Measures :will be taken for hazardous weed abatement during the course of construction and development of the site. 10. The landscaping plan, including the placement of trees within a five-foot landscape boulevard have been reviewed and approved by the City of Kalispell Parks and Recreation Department. Approval letter is attached. 11. Amenities and improvements to the "park" areas will be accomplished as a component of the next phase of development. See attached letter from the City of Kalispell .Parks and Recreation Department. 12. Provision has been made for the extension of roadway to provide future access to the property to the east. 1.3. The FIoodplain Study has been completed and a .Letter of Map Revision (L.OUIR) is on file with the City of Kalispell. 14. A permit was obtained from the City of Kalispell for work within the floodplain and is on file with the City of Kalispell. 1.5. The property lines are outside the vegetation line of the creek with a twenty (20) foot rear setback requirement. Therefore, structures will be set at least twenty (20) feet from the vegetation line. .1',2005'+.K05-0741KOS-074-003 - Final Plat'Vordlfinal plat.plamiin.-Ir.doc 16. The lots noted are located in the next phase of development and will be addressed at that time. IT 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. 18. A sixty (60) foot right-of-way has been reserved south of the west commercial property to provide future access to the parcel to the west and will reduce the need for a future access onto Three Mile Drive. 19. All roads within the subdivision have been .named. Signs will be placed per attached Subdivision Improvements .Agreement. County and City review has been performed. 20. U.S..P.S. has approved a common mail delivery site for the subdivision. Letter is attached. 21. Street lighting, to be constructed. as part of the street improvements tinder the Special Improvement Agreement, will be located and shielded per the applicable City standards. 22. All utilities will be installed underground, per approved plans and specifications. 23. The landscape buffer for the southern lots is part of the next phase of the development and Will be finalized during that phase. 24. Setbacks have been established for the townhome sites at .five (5) feet from. property Line to future building cave and at ten (10) feet for the single family residence lots. 25. At a minimum, 66% of the i.mp.roveznents have been constructed. The attached Special Improvement Agreement and attached letter of credit will be followed in completing the construction of the remainder. 26. Per the Special Improvement Agreement and in accordance with the approved plans and specifications, areas disturbed during construction will be .re -vegetated per the City standards. 27. A Draft proposed development agreement .is attached :for review by the City Attorney, which will constitute a Planned Unit :Development (PUD). 28. The preliminary plat approval is understood to be valid for three years from the date approved, July 6, 2004. 29. The waiver of protest to the implementatioza of an SID for beneficial roadway improvements has been included on the face of the plat. J:120051K05-0741K05-074-003 -.Final Plat-Wordifinal plat. planning.9tr.doc Thank you for your assistance in the progress of this project. Please contact us if you have any questions. Sincerely, THOMAS, DEAN & HOSKINS, INC. William D. Boger, P..E. K05-074-003 J:,Zc)05',Kt)--©74`.KO5-U74-003 - Final Plat,wordVinal P1at.Planming.ltr.doc Thomas, Dean & Hoskins, Inc. r Doc:. g s ' ngzneerix g Crrn m1tant;'i.:`!< July 10, 2006 Tom Jentz City of Kalispell Planning and Zoning Department 17 2nd Street East, Suite 211. Kalispell, MT 59901 RE: Aspen Creek. Subdivision, Phase I K05-074-003 Dear Tom: Attached is additional information for the final plat of Aspen Creek Subdivision, Phase 1. In response to your letter dated July 10, 2006, we have the following: Item No. 4. The final, recorded CC&R will contain the formation of the Architectural Review Committee. Item No. 5. The Final, recorded CC&R will contain the necessary language protecting and prescribing maintenance for the creek -side areas as recommended by the County Conservation District. Item No. 7. With regards to the easement on the adjacent propery, attached is the signed agreement between the owners of the respective properties addressing Mr. Reibe's intention to record a public easement on the east 30 feet of new roadway. Additionally, the preliminary plat for Mr..Reibe's parcel has been accepted by the City Council. Item No. 9. The City Fire Department has approved the turn around devices for the townhome lots. The Fire Department has also allowed for street signs to be installed as a bonded item in that no building permits will be issued until the signs have been installed. Attached is a copy of their letter. Item No. 11. Mike Bake, Director of the City Parks and Recreational Department, has emailed your office regarding his approval of the revised landscape plan. Attached is a copy of the approved landscape plan. The SIA Exhibit has been modified to include money set aside for these improvements. Item No. 13. The original final plat submittal included the I,CMR from FEMA. As this is completed, the .requirement for 100 feet setback from the original, undetermined floodplain limits is no longer applicable. Item No. 17. The Montana Department of Transportation has acknowledged their need to inspect the entrances onto Three Mile Drive upon completion and will provide a letter to the City following their inspection. JA2005\ 05-074',K05-074-003 - Final PlatlworMiinal plat.planning.revisions-ltr,doc 31 Three Mile Drh e, Su i e .101 - Kalis-v jll, MT 5990.7 ® (406.) 751-5246 - F4X = 406) 752-. 230 Item No. 19. The City Public Works .Department has reviewed the roadnames. The City Fire Department has allowed for the installation of the signs to occur after award of Final Plat. This condition will be fulfilled at the time the signs are constructed and a letter will be obtained from the Fire Department approving the installation. Item No. 21. The owner has paid Flathead Electric for the street lights and installation thereof. FEC has indicated that the work will go onto their schedule of work to be completed by early fall, this year. Item No. 27. Attached is an executed PUD for signature by the City Manager and the City Attorney. In addition to the :items listed above, attached is also an updated SIA Exhibit B indicating bonding for finalization of the lift station.. The water system has been pressure tested and the Fire Department has conducted a flow test from a hydrant. The water system is energized and the valves are all open. "Thank you for your assistance in the progress of this project. Please contact us if you have any questions. Sincerely, THOMAS, DEAN & HOSKINS, INC. William D. Bog�P�.E., WDB: wb K05-074-003 1 `2005'X05-074',K05-074-003 -.Final Ylat'Mordlfinal plat. planning. revisions. ltr.doe WorksCity of Kalispell Public Department :' 1 cyst Q eve Box 1997. Kalispell, Mo t= 599031-1997 - Tele hone (406)758-7720, Fax (40 )75 -78 1 May 3, 2005 William D. Boger, P.E. Thomas, Dean & Hoskins, Inc. 690 North Meridian, Suite 101 Kalispell, Montana 59901 RE: Bowser Creek Estates Phase 1. & 2 Kalispell, Montana The construction plans and supporting documents for the referenced project are hereby approved. Attached is your copy of the letter of approval sent to the Flathead City - County Health Department. We look forward to working with you on this project. Sincerely Frank Castles, P.E. Assistant City Engineer Attachment: As Stated City of Kalispell Public Works Department Post. Office Box 1997, Kalispell, Montana 59903-1997 - Telephone (406)758-7720, Fax (406)758-7831 M May 3, 2005 Dick Montgomery, P.E. Environmental Health Services Flathead City -County Health Department 1035 First Avenue West Kalispell, Mt. 59901 Re: Bowser Creek Estates Phase 1 & 2 Kalispell, Montana Dear Dick, This letter is to confirm that the City of Kalispell has reviewed and approved the construction plans and specifications prepared by Thomas, Dean & Hoskins, Inc., for the referenced project. The Kalispell water distribution system and sanitary sewer system has adequate capacity to serve the project. If you have any questions, please do not hesitate to contact this office. Sincerely, Frank Castles, P.E. Assistant City Engineer Cc: William D. Boger, P.E. R City of Kalispell Public Works Department ' Fast Offla Hopi 1997, KOspell, MonW a 59903.199i - TOLVh= (405)758.7720 Fax (4W)758 7831 July 27, MW Kalopelt Bowser Creek ASSOCIStes, l,.l,.0 121 Spear Street, Suite 250 San Francisco, CA 94105 Re, Aspen Creep, Phase 1 Kalispell, Montana Gentlemen, The City of Kalispell Public works Depe tment hereW approm tne emoting, completed City impmvernertts except those listed in the Subdivision Improvement Agreement, Wlblt S, for the reWenoerd subdivision. Approval by the City of Kaiispeil for the City owned and maintained Improvemenb is granted based on the following: 1. Thomas, Dean & Hosldn5, Inc., letter dated July 26, 2a06, coWng that the impro werrieats within the ret'erericed subdivision have been itpected and instalied in aocordence wb the City of Kalispell standards and the approved plans and sins. 2. Our video records of the sanitary sewer system, 3. Receipt of a Subdivision Improvement Agreement, Exhibit B, which aontalas the total estimated consmOon caft plus 25 punt covering the estlrniated rests fnr the ruining cotWuctia Items. The SubdivlOn Impromment Agreemerit, Exhibit B, is eerttfreCi by William Ow, P.E., to beira an wcurate a=nbng of anWpated ccM 11orthe remining improvements. The one year warranty period f'or the City owned and rnalrttained afting, compWad Improvements will comma= on 3uty 27, 2006, The one year warranty period for the rernalnift#1 corstnx0on will commence upon acceptance by the City of the cornpleW constructed improvements In a=rdance with apprwed plans and swifrcaUons. if you have any questions, please do napt hesitate to anrrtatt this olt9f:e. MkV, ASShOnt City EngitsW Cc: Sean Conrad, Senior Planner Pam -it° FOX NOW 7071 L z* �9 Kalispell Planning Qflfce To j i o�A'%b !' "5'44"- William Boger, P.E. GoA)apE Co. ........... T, D & H, Im. �nonc r Pnnn� x sg NF Montana Department of ENVIRONMENTAL OUALITY P.O. Box 200901 - Helnnxt. MT 59620-0901 April 11, 2005 Thomas, bean & Hoskins Inc William D Boger PE 690 North Meridian Suite 101 Kalispell MT 59901 Dear Mr Roger: Brian Schweitzer, Governor • (406) 444,-2544 www.deq.-mt.gov RE: Bowser Creek Estates Municipal Facilities Exclusion EQ#05-2520 City of Kalispell Flathead County This is to certify that the information and tees received by the Department ofEnvironmental Quality relating to this subdivision are in compliance with 76-4-127, MCA and ARM 17.36.602. Under 76-4-124, MCA, this subdivision is not subject to review, and the plat can be filed with the county clerk and recorder - Plans and specifications must be submitted when extensions of municipal facilities for the supply of water or disposal of sewage are proposed 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-, Sincerely, qax'�"et Skaarland Compliance Technician Subdivision Section Water Protection Bureau (406) 444-1801 — email jskaarland@state.mt,us cc: City Engineer County Sanitarian file Eeforeement Division • Fermiiting & Compliance Divi3ivn - Piannh4, Prevention +& l ,%Waneo Divfsian + R;MC(Jinriots Divillon TOTAL P.02 pp — Montana Department cif[ ENVIRONMENTAL ) �. I �:3LIT Judy Martz, Governor 109 Cooperative way • Suite 105 • Kalispell, NIT 59901.-2389 • (406) 755-8985 • FAX (405) 755-8977 William D. Boger, P.E. TD&H 690 North Meridian, Suite 101 Kalispell, MT 59901 April 20, 2005 RE: Bowser Creek Estates W&S Extensions and Lift Station & Force Main; EQ#05-2520 Dear Mr. Boger: Plans and specifications for the above -referenced project have been reviewed by personnel with the Permitting & Compliance Division utilizing the certified checklist procedure and DEQ-2. The plans and specifications are hereby approved. Complying with the City of Kalispell's comments 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 is enclosed. .Approval is based on plans and specifications received .March 14, 2005 under the seal of: Wilms D. Bogor-, P.E.#-V42-82F-E— Atr. D r-80- s A 15• 109�V4 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. Si lcere'_ .. 7 fAF 7. r M. u r,nvlronmental Engineer ublic W` Supply Section Public Water Supply and Subdivisions Bureau cc: City of Kalispell, PWD Flathead County Sanitarian File Centralized Services Division ° Enforcement Division ^ Permitting & Compliance Division a Planning, Prevention & Assistance Division. - Rernediallon Division [candy Brodehl - lire Chief. Brent T,. Christopherson - Assistant Chief/Prevention Tian Diehl — Assistant Chief/Operations i ,it9 N � E 1 7 -k0 312 First Avenue East Kalispell, Montana 59901 (406)758-7760 FAX: (406) 758-7952 FROM: BRENT L. CHRISTOPHERSON, ASSISTANT CHIEF/PREVENTION DATE: JULY 6, 2006 SUBJECT: BOWSER or ASPEN CREEK SUBDIVISION —FINAL PLAT APPROVAL. We have the following comments on the above project: 1. Fire hydrant locations and fire flows are approved by this department. 2. Provide all-weather driving surfaces and street signs prior to issuance of permits for combustible construction. The all-weather driving surface requirement also includes the private or access roads. 3. Access roads into Lots 18-20(A/B), 21-23(AIB), and 24-26(AIB) need to have provisions for fire apparatus turn-arounds as they exceed 150'. A 90' hammerhead, 20' wide had been previously approved by this department for each of the private or access roads. 4. Lots 18-20(AfB), 21-23(AIB), and 24126(AIB) all appear to front onto access roads that feed into Shellan Street. These access roads will need to be provided with a street name, and the townhouse lots addressed accordingly. Please coordinate this with Fred Zavodni at 758-7725. Please contact me if you have any questions. I can be reached at 758-7763. c.c. Bill Boger, Thomas, Dean & Hoskins, Inc "Assisting our community in reducing, preventing, and mitigating emergencies. " . t ©f Kali oil a Parks and Recreation June 20, 2006 William D. Boger, P.E. Thomas, Dean & Hoskins, Inc. 31 Three Mile Drive, Suite 101 Kalispell, MT 59901 35 16'Ave East — P 4 Box 1997 — Kalispell MT 59903-1997 Phone: (406) 758-7718 Fax: (406) 758-7719 Email: parknrec@kalispell.com Re: Aspen Creek Subdivision Landscape Plan Dear Mr. Boger: F JUN x f This letter is to serve as approval on the revised landscaping plans submitted for Aspen Creek Subdivision, per our meeting on June 15, 2006. As noted on the plans the developer will be responsible for the landscaping improvements as specified including planting of 139 boulevard trees, seeding and/or sodding of boulevards and installation of an asphalt path in the 20' landscape buffer. Tree plantings are required to meet the Street Tree Ordinance standards of 2 %" caliper and of an approved species from the Kalispell Parks 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 � of Kali.,e�l JILL- Parks and Recreation July 10, 2006 William D. Boger, P.E. Thomas, Dean &Hoskins, Inc. 31 Three Mile Drive, Suite 101 Kalispell, MT 59901 35 1�' Ave East- P 0 Box 1997 - Kalispell MT 59903-1997 Phone: (406) 758-7718 Fax: (406) 758-7719 Email: parknreca@kalispell.com Re: Aspen Creek Subdivision Revised 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 7, 2006_ The developer will be responsible for the landscaping and other recreational improvement and amenities as specified on the attached plan. It is understood through discussion and past correspondence that landscaping and amenities are required to meet the 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($) 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, landscaping and amenities 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, tkk Mich I er, Director Kalisp Il Parks and Recreation Eric: Aspen Creek landscape plan cc: Tom Jentz, Kalispell Planning UNITEDSTATES ` POSTAL SERVICE 350 N MERIDIAN RD 41 AN KALISPELL, MT 59901-9998 Y. ,dune 2, 2006 Kalispell Bowser Creek Associates C/o Thomas Dean & Hoskins 31 Three Mile Dr Kalispell, MIT 59901 RE: Final Plat Approval To Whom It May Concern: Delivery for Bowser Creek Estates has been approved for Cluster Box Unit (CBU) delivery in a turnout format. The developer will provide three 16-unit CBU's, one outdoor parcel locker, and a 4 x 20-foot cement pad on Bowser Creek Drive. Please see attached map for approved location. Purchase of CBU's will be arranged one month prior to the first occupancy and arrangements made for delivery to the Main Post Office on Meridian Rd. 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 than 11X17) 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 me at 755-6450. Sincerely, ra�&— Susii Carter Growth Management i € THREE MILE DRIVE --- a II 3� Cs i sl. --------------------------- -- Y= j ,f€ Iq . /;.r,l• f STORM DRAIN i SEESHp6711 r 74A r r TkA �' \ AA LS 75r1 ; I 77A SEWER LME'B' 55 w ...:.:...:. .... •�_ ram; ':;; SEE-5GEE7 5 FOR \\\ .2 .. ... `":•I:.':. 57GRAa!FiG PLAN WATi"3't LINE fi0 SEE 5HEETF6°.'�:"; 5 G • a' 57il::l:.. y,iNER R.O Gl =.Lj %D L'. u L1 SC �. '�SEO SHEET IN 'f PA k'02 _ ���: ��� SEE SHEET 99 j 2 m j _ \ 'F SEE SHEE73 FOR .�.' SEWER LINE'A' ROADWAY -PLANS SEE SF€EET4 FOR SEE SHEET 6. kagpWAY PROFILES .,. fit 62 63 f ` 43 SEE SHEET 30 FOR .,o. .. J . SEWER 8 NA7E R SERVICES :..+ SEC 84EET6 — — --- SELINE f Iv 44 \ I i E V f 46 67 66 e5 64 so 49 i i 49 47 46 ir r r rr r, rr �, rr �� DRAFT 6/23/06 DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS OF ASPEN CREEK ESTATES THIS DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS is made this day of , 2006, by Kalispell Bowser Creek Associates, LLC, a Montana limited liability company, (hereafter .referred to as the "Declarant"). WITNESSETH: WHEREAS, Declarant is the owner of the real property known as Aspen Creek Subdivision (the "Subdivision"), legally described on Exhibit "A" attached hereto (hereafter referred to as the "Property"), and hereby subjects the Property to the Covenants, Conditions and Restrictions (hereafter referred to as the "Covenants") 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. These Covenants 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 having established a general plan for the improvement and development of the Property, does hereby establish these Covenants upon which and subject to which all Lots and portions of Lots within said Property 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, 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 these Covenants and the Bylaws of the Association, and shall continue to administer said Property. Section 2. "Property" shall mean and refer to that certain property described above, as may be amended by annexation of future phases of the Subdivision. Section 3. "Lot" shall mean and refer to any Lots or tracts within the above -described Property. Section 4. "Dwell.ing Iani.t" shall mean and refer to any building or portion thereof providing complete independent and permanent living facilities for one family. Section 5. "Owner " shall mean and refer to the record owner, whether one or more persons or entities, of any Lot or tract which is a part of the Property, including buyers under a contract for deed, but excluding those having such interest merely as security for the performance of an obligation. In the event an Owner is a corporation or other entity other than a natural person, the Owner shall DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS OF ASPEN CREEK ESTATES Page 1 DRAFT 6/23/06 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 Unit constructed on the Lot during that calendar year. Section 6. "Family" shall mean and refer to a natural person and his or her spouse, children, grandchildren, brothers, sisters, parents, or significant other. Article 11: Membership 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. 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. Article IV: Assessments Section 1. 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 the 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 Lot(s) for which there is a delinquency for amounts owed for assessm.ent(s) against any Lot(s) or owed by the Owner(s) of any Lot(s). Each such assessment, together with interest, late charges, costs, and reasonable attorneys 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 limited to the following: DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS OF ASPEN CREEK ESTA E'E S Page 2 DRAFT 6/23/06 a. Road maintenance and improvement of private internal roadways, 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, mailing costs, etc. d. Upkeep, maintenance and conservation of common. areas, including the eradication and control of noxious weeds. Section 3. Uniform Rate 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 size or use. Each Lot shall be assessed an equal, pro-rata share of any special assessment. Section 4. Assessments. Assessments shall be annual. or special. Both the annual and the special (if any) 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 By -Laws thereof. Section 5. Commencement of Assessments. The initial assessment shall be $1.54/year 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 amount of each "annual." or "special" assessment against each Lot. Written notice of the assessments shall be sent to every Owner subject thereto. The due 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 takes 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 (30) days after the due date, the amount shall bear interest from the date of delinquency at the rate of TWELVE (12%) percent, per annum. The Association may bring an action at .law to recover delinquent assessments, accrued interest, costs and expenses .in connection DECLARATION of COVENANTS, CONDITIONS AND RESTRICTIONS of ASPEN CREEK ESTATES Page 3 DRAFT 6/23/06 with bringing a legal suit, including reasonable attorney fees, and may bring equitable actions to foreclose assessment .liens against Lots. Article V: Protective Covenants The following Protective Covenants are designed to provide a uniform plan for the development of the herein above described property and to insure the best use and the most appropriate development and improvement of said property; to protect the Owners of 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 nest development of said property; to encourage and secure the erection of attractive homes thereon; to secure and maintain property setbacks from roads 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. The "Architectural Review Committee" shall consist of the .Board of Directors of the Association, or a special "Architectural Review Committee" 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 submit their plans and specifications, in writing, to the Architectural Review Committee. No 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 Architectural Review Committee as to the quality of workmanship and materials, harmony of external design with existing structures, and location of the structure with respect to topography and finish grade elevation. Section 3. Approval by Committee. Approval or disapproval by the Architectural Review Committee must be in writing. In the event the Committee fails to act within thirty (30) 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 4. 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 DECE %RATION OF COVENANTS, CONDITIONS AND RESTRICTIONS OF ASPEN CREEK ESTATES Page 4 DRAFT 6/23/06 provisions of these Covenants except for Section 25, below, which specifically addresses the Commercial Lots. Section S. Subdivision of Property and Declarant's Reservations. No Lot within Aspen Creek 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 shall not prohibit property line adjustments between adjacent Lots, subject to approval by the .Association. Declarant hereby .reserves the right to use the roadways within the Property for ingress and egress for future access to adjoining properties to the east. Decl.aran.t also reserves the right to add additional land to the Property, and bring additional Lots into the Association, at any time. Section 6. Leasing of Dwelling Units and Lots. (a) Definition. "Leasing" or "Renting" 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 any kind. (b) Dwelling Units and Lots may be rented only .in their entirety and to one family only; no 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. (a) No 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 townhouse lots. (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 Architectural Review Committee as herein provided. No structures may be moved onto or relocated on the property. The Architectural Review Committee may, in its sole discretion and on a case by case basis, allow the use of portions of structures that have been newly constructed off site. (c) All primary structures shall have permanent foundations. (d) No house trailer, modular home, mobile home or tent, or any other prefabricated structure designed to be hauled or moved on wheels, shall. be maintained on any Lot. (e) No structure shall have an 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. DECLARATION OFF COVENANTS, CONDITIONS AND RESTRICTIONS OF ASPEN CREEK ESTATES Page 5 DRAFT 6/23/06 (g) The exterior of a construction must be completed within twelve (12) months after commencement thereof. The exterior of a dwelling must be completed before occupancy will be permitted. (h) All house numbers will be visible from the road either at the driveway entrance or on the. house. (i) No renovations, remodeling, or alterations in the exterior, roofing, or configuration of an existing structure shall be commenced until plans for such changes have been approved in writing by the Architectural Review Committee. Section 8. Building Size of Dwellings. 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 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 1. 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 eaves of the buildings, and shall be as follows (with the exception of the zero lot line required to achieve the townhouse configuration): Single Family Lots Front Yard: 20 Feet Side Yard: 10 Feet Rear Yard: 10 Feet Side Corner: 20 Feet Townhouse Lots Front Yard: 20 Feet Side Yard: 5 Feet Rear Yard: 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 creels. Section 10. 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 Architectural Review Committee 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 Architectural Review Committee in writing. D CI,ARATION OF COVENANTS; CONDITIONS AND RESTRICTIONS OF ASPEN CREEK ESTATES Page 6 DRAFT 6/23/06 However, security gates and fencing can be utilized only during a period of construction of a residence and may be excepted during the period of construction for a period not to exceed 1 year, if first approved by the Architectural Review Committee. Section 11. Trees. The Architectural Review Committee must approve the cutting 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 12. 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 dwelling has a garage rather than a carport, the garbage may be kept in the garage. No 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 must be taken to keep bears, dogs and other animals from feeding from garbage cans. Section 14. Refuse. No part of the property shall be used or maintained as dumping gxound 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. No mobile homes, trucks exceeding 2 1/2 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, RV's, pickup trucks carrying campers, campers for pickup trucks 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. Section 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 DECLARATION OF COVENANTS. CONDITIONS AND RESTRICTIONS OF ASPEN CREEK ESTATES Page 7 DRAFT 6/23/0b neighborhood; nor shall the premises be used in any way or for any purpose which may endanger the health or safety of or unreasonably disturb the residents of any Lot. Outdoor barbecues are not considered nuisances under this section. Section 18. Pets, Animals, and Livestock. 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 19. 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 main water line. Section 21. Roads. The Association shall be responsible for maintenance of all private roadways within the Property. Individual Lot Owners shall. be responsible for maintaining their driveways. Section 22. Homeowners Association. The Aspen Creek Estates Homeowner's Association Inc. shall be formed 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. It is required that all Lot Owners be members of the Association, and pay all dues and assessments that are levied. Section 23. Period of Declarant Control. The Aspen Creek Estates Homeowner's Association .Inc. 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 Members at any time prior to selling all Lots if Declarant so desires. During the Period of Declarant Control., Declarant may make and record any additions or changes to these Covenants as Declarant deems desirable, including but not limited to annexation of additional phases to the Subdivision. Section 24. Homeowner's Parks. The common areas and homeowner's parks are for the use and enjoyment of all Lot Owners, and all Owners have the .right to the concurrent peaceful and quiet enjoyment thereof. No Owner or DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS OF ASPEN CREEK ESTATES Page 8 DRAFT 6/23/06 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. 25. Commercial Lots. Lots 39 and 40 are Commercial Lots and are exempt from the provisions of these Covenants except for this Section. The Commercial component of the subdivision shall not be developed until a minimum of 50% 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 by the City of Kalispell Site Development Review Committee. Article VI: 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 any such provision shall in. no event 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 VII: Term The provisions of this Declaration shall be binding for a term of twenty (20) 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 VIII herein. Article VIII: Amendment and Annexation After the Period of Declarant Control, this Declaration may be amended by a two-thirds (2/3) vote of the membership and by recording an instrument signed by the President of the Association certifying that the Owners of at least two-thirds (2/3) of the Lots 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. DECLARATION OF COVENANTS, CONDITIONS AND R:EiSTRICTIONS OF ASPEN CREEK ESTATES Page 9 DRAFT 6/23/06 Article X X: Construction and Binding Effect These Covenants 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 al.l Owners. Time is of the essence in complying with these Covenants. These Covenants 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. Kalispell Bowser Creek Associates, LLC, a Montana limited liability company By: VPI, Inc., a California corporation, its manager By: Name: Its: STATE OF CALIFORNIA COUNTY OF SAN FRANCISCO On , before me, , a Notary Public in and for said County and State, personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be 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 eapacity(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. Signature of (Votary (For notary seat or stamp) DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS OF ASPEN CREEK ESTATES Pale 10 DRAFT 6/23/06 EXHIBIT "A" Le al Description DECLARATION OF COVENANTS, CONDITIONS AND RI S'TRICTIONS OF ASPEN CREEK ESTATES Page I I Federal Emergency Management Agency Washington_ D.C. 20472 CERTIFIED MAIL RETURN RECEIPT REQUESTED The Honorable Howard W. Gipe Chairman, Flathead County Board of Comm-ni-ssioners 800 South Main Street Kalispell, MT 59901 Dear Mr. Gipe: NOV 2 4 2004 IN REPLY REFER TO: Case Nos.: Community Name: Connnunity No.: Effective Date of This Revision: 04-08-0223P, 04-08-0450P�; and 04-08-0663P Flathead County, MT 300023 NOV 2 4 2004 The Flood Insurance Rate Map for your community has been revised by this Letter of Map Revision (LOMR). Please use the enclosed annotated map panel(s) revised by this LOMR for floodplain management purposes and for all flood insurance policies and renewals issued in your community. Additional documents are enclosed which provide information regarding this LOMR. Please see the List of Enclosures below to determine which documents are included. Other attachments specific to this request may be included as referenced in the Determination Document. If you have any questions regarding floodplain management regulations for your coma-iunity or the National Flood Insurance Program (NF1P) in general, please contact the Consultation Coordination Officer for your community. If you have any technical questions regarding this LOMR, please contact the Director, Federal Insurance and Mitigation Division of the Department of Homeland Security's Federal Emergency Management Agency (FEMA) in Denver, Colorado, at (303) 235-4830, or the FEMA Map Assistance Center toll free at 1-877-336-2627 (I-877-FEMA MAP). Additional information about the NFIP is available on our website at ://www.fema.pov; r�fp. Sincerely, C Kevin C. Long, CFM, Project E gineer Hazard Identification Section Mitigation Division Emergency Preparedness and Response Directorate List of Enclosures: Letter of Map Revision. Determination Document Annotated Flood Insurance Rate Map cc: Mr. Forrest Sanderson Floodplain Administrator Flathead County Mr. Ed Engel, P.E. Project Engineer Paul J. ,Stokes & Associates, Inc. Mr. William D. Boger, P.E. Thomas, Dean & Hoskins, Inc. For: Doug Bellomo, P.E., CFM, Chief Hazard Identification Section Mitigation Division Emergency Preparedness and Response Directorate Mr. Doug Johnson Mr. Charles Lapp Mr. Russell Purdy ` Page 1 of 4 Issue Date: NOV Z 4 2001 ase Nos._ 04-08-0223.P, Effective Date: NOY 4 2404 04-08-0450P, LOMR-APP and 04-08-0663P 4& A-R Federal Emergency Management Agency Washington, D.C. 20472 LETTER OF MAP REVISION DETERMINATION DOCUMENT COMMUNITY AND REVISION INFORMATION PROJECT DESCRIPTION BASIS OF REQUEST Flathead County CHANNEL[ZATION NEW TOPOGRAPHIC DATA Montana CULVERT HYDRAULIC ANALYSIS COMMUNITY (Unincorporated Areas) HYDROLOGIC ANALYSIS COMMUNITY NO.: 300023 04-08-0223P: Blue Heron Estates APPROXIMATE LATITUDE & LONGITUDE: +48.2115,-114.3567 IDENTIFIER 04-08-045OP: Purdy Development 04-08-0663P; Doug Johnson Developi-nent SOURCE: USGS QUADRANGLE DATUM: NAD 83 Unnamed Tributary to West Spring Creek -from the confluence with West Spring Creek to approximately 3;000 feet FLOODING SOURCE(S) & upstream of Three Mlle Drive REVISED REACH(ES) West Spring Creek - from approximately 3,400 feet downstream to approximately 2,500 feet upstream of Three Mile Drive SUMMARY OF REVISIONS Unnamed 'Tributary to West Spring Creek West Spring Creek Effective Flooding: Zone A Zone A Revised Flooding: Zone A Zone A Increases: NONE NONE Decreases: YES YES BFE ; - Base Flood Elevations ANNOTATED MAPPING ENCLOSURES ANNOTATED STUDY ENCLOSURES I TYPE: FIRM* NO.: 300023 1805 D Date: September 30, 1992 j NO REVISION TO THE FLOOD INSURANCE STUDY REPORT FIRM -- Flood insurance Rate Map-, ** FBFM - Flood Boundary and Floodway Map, — FHBM - Flood Hazard Boundary Map DETERMINATION This document provides the determination from the Department of Homeland Security's Federal Emergency Management Agency (FEMA) regarding a request for a Letter of Map Revision (LONIR) for the area described 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 Program (NFIP) map is warranted. This document revises the effective NFIP map, as indicated in the attached documentation. Please use the enclosed annotated map panels revised by this LOMR for floodplain management purposes and for all flood insurance policies and renewals in your community. This determination is based on the flood data presently available. The enclosed documents provide additional information regarding this determination. If you have any questions about this document, please contact the FEMA Map Assistance Center toll free at 1-877-336-2677 (1-877-FEMA MAP) or by letter addressed to the LOMR Depot, 3601 Eisenhower Avenue, Alexandria, VA 22304. Additional information about the NFIP is available on our website at t_tp: //www. fem a. aovfnfi o. Kevin C. Long, CFM, Project Engineer Hazard Identification Section 102426 D.A04080223 102D Mitigation Division 102426 D.A04080450 102D Emergency Preparedness and Response Directorate 102426 D.A04080663 102D Page Lof 4 - Issue Date: NOY 2 4 ti�4 l -'aSe Nos.: 04-0$-0223P, Effective Date- NO�� 7 � ��j� 04-08-0450P, and 04-08-0663P LOMR-APP t Federal Emergency Management Agency Q� Washington, D-C. 20472 tAivo SSG LETTER OF MAP REVISION DETERMINATION DOCUMENT (CONTINUED) COMMUNITY INFORMATION APPLICABLE NFIP RE GULATION&COMMUNITY OBLIGATION iWe have made this determination pursuant to Section 206 of the Flood Disaster Protection Act of 1973 (P.L. 93-234) and in accordance with the National Flood Insurance Act of 1968, as amended (Title XIII of the Housing and Urban Development Act of 1968, P.L. 90-448), 42 U.S.C. 4001-4128, and 44 CFR Part 65. Pursuant to Section 1361 of the National Flood Insurance Act of 1968, as amended, communities participating in the NFIP are required to adopt and enforce floodplain management regulations that meet or exceed NFIP criteria. These criteria, including adoption of the FIS report and FIRM, and the modifications made by this LOMR, are the minimum requirements for continued NFIP participation and do not supersede more stringent State/Commonwealth or local requirements to which the regulations apply. Av6u "--.vv—kufk, J —JUAA4a LVj. 111"111E1G0 LU ,nauiu LAAf3E uupauuy wiuun we anerea orretocatea portion of any watercourse is maintained. This provision is incorporated into your community's existing floodplain management ordinances; therefore, responsibility for maintenance of the modified channel and culvert rests with your community. We may request that your community submit a description and schedule of channel and culvert activities. COMMUNITY REMINDERS We based this determination on the 1-percent-annual-chance discharges computed in the submitted hydrologic model. Future development of projects upstream could cause increased discharges, which could cause increased flood .hazards. A comprehensive restudy of your community's flood hazards would consider the cumulative effects of development on discharges and could, therefore, indicate that greater flood hazards exist in this area_ Your community must regulate all proposed floodplain development and ensure that permits required by Federal and/or State/Commonwealth Iaw have been obtained. State/Commonwealth or community officials, based on knowledge of local conditions and .in the interest of safety, may set higher standards for construction or may limit development in floodplain areas. If your State/Commonwealth or community has adopted more restrictive or comprehensive floodplain management criteria, those criteria take precedence over the minimum NFIP requirements. We will not print and distribute this LOMR to primary users, such as local insurance agents or mortgage lenders; instead, the community ,will serve as a repository for the new data. We encourage you to disseminate the information in this LOMR by preparing a news release ,or publication in your community's newspaper that describes the revision and explains .how your community will provide the data and ielp interpret the NTIP maps. In that way, interested persons, such as property owners, insurance agents, and mortgage Ienders, can ienefit from the information. 'his determination is based on the flood data presently available. The enclosed documents provide additional information regarding this determination_ If ou have any questions about this document, please contact the FEMA Map Assistance Center toll free at 1-877-336-2677 (1-877-FEMA MAP) or by letter ddressed to the LOMR Depot, 3601 Eisenhower Avenue, Alexandria, VA 22304. Additional information about the NFIP is available on our website at ttp:/fwv&v.fema.gov/PfJJP. �C617 Kevin C_ Long, CFP,4, Project Engineer Hazard Identification Section 102426 D-A04080223 102D Mitigation Division 102426 D.A04080450 102D Emergency Preparedness and Response_ Directorate 102426 D.A04080663 102D "3se Nos.: 04-08-0223P, rage 3 of 4 Issue Cate: NOV 2 4 2, Effective Hate: NOV 2 4 2004 04-08-0450P, LOMR-APP and 04-08-0663� r Federal Emergency Management Agency Y Washington, D.C. 20472 LYn S LETTER OF MAP REVISION DETERMINATION DOCUMENT (CONTINUED) COMMUNITY INFORMATION (CONTINUED) We have designated a Consultation Coordination Officer (CCO) to assist your community. The CCO will be the primary liaison between your community and FEMA. For information regarding your CCO, please contact: Mr. Robert Ives Acting Director, Federal Insurance and Mitigatiort Division Federal Emergency Management Agency, Region VIII Denver Federal Center, Building 71.0 P.O. Box 25267 Denver, CO 80225-0267 j (303) 235-4830 STATUS OF THE COMIMLTNITY NFIP MAPS We will not physically revise and republish the FIRM and FIS report for your community to reflect the modifications made by this L©MR at this time- When changes to the previously cited r11t'vi pane! and 1 1J report warrant physical revision and republication in the future, we will incorporate the modifications made by this LOMR at that time. (his determination is based on the flood data presently available. The enclosed documents provide additional information regarding this determination. If ,ou have any questions about this document, please contact the FEMA Map Assistance Center toll free at 1-877-336-2617 (1-877-FEMA MAP) or by letter addressed to the LOMR Depot, 3601 Eisenhower Avenue, Alexandria, VA 22304. Additional information about the NFIP is available on our website at t ttp:flwv✓w.fem a.q avfnfi p _ *Uow (--!? 667 Kevin C. Long, CFM, Project Engineer Hazard Identification Section 102426 D.A04080223102D Mitigation Division 102426 D,A04080450 102D Emergency Preparedness and Response Directorate 102426 D.A04080663 102D NOV"ase Nos.: 04-08-0223P, rage 4,of4 issue Date: Q Effective Date: NZ 4 200 04-08-0450P, LOMR-APP L and 04-08-0663P Qi Federal Emergency Management Agency 1M n.¢ Washington, D.C. 20472 fit¢:YD SSG, LETTER OF MAP REVISION DETERMINATION DOCUMENT (CONTINUED) PUBLIC NOTIFICATION OF REVISION This revision is effective as of the date of this letter. Any requests to review or alter this determination should be made within 30 days and must be based on scientific or technical data. This determination is based on the Flood data presently available. The enclosed documents provide additional information regarding this determination. If you have•any questions about this document, please contact the FEMA Map Assistance Center toll free at 1-877-336-2677 (1-877-FEMA MAP) or -by letter addressed to the LOPAR Depot, 3601 Eisenhower Avenue, Alexandria, VA 22304. Additional information about the NFIP is available on our website at ittp://www.fem a.aovinfia. Kevin C. Long, CFM, Project Engineer Hazard Identification Section 102426 D.A04080223 102D Mitigation Division 102426 D.A04080450 102D Emergency Preparedness and Response Directorate 102426 D.A04080663 102D MAP LEGEND Revisor! 100-Y*ar Floodplain APPROXIMATE SCALE IN FEET NATIONAL FLOOD INSURANCE FRORRA. FIRM FLOOD INSURANCE RATE MAP FLATHEAD COUNTY, MONTANA (UNINCORPORATED AREAS) MEL 1805 Of 3425 EE MAP INDEX F0nPAN I t T PIJITEDI TO LOM OV 2 4 20 OASTY-PANEL NUMBER 300023 1805 D MAP REVISED: SEPTEMBER 30, 1992 Federal rmerg-IMY Management Agmy ....... ........ ...... ....... ............... 7y.,, n of rf` t "5 ....... - _.. r ................epa ................................................ ..,s=r�ezz.� xy4rxa asa`f�zV z=f'rE:nx:� Kalispell Area Office 85 Fifth Avenue East North PO Box 7308 Kafispek.. MT 59904--0308 July 11, 2006 Kalispell Bowser Creek Association c/o TD&H 31 Three Mile Drive Suite 101 Kalispell, MT 59901 Subject: Approach Permit Extension S 424 MP 0.65 Your request for an extension of your approach permit has been reviewed and granted. This extension is valid until October 1, 2006. Please give me a call when the approach is completed to arrange a final inspection. If you have any questions please contact me at 751-2014. Sincerely, Olt Clay Colby Maintenance Superintendent CLC/cics424-0.65 copies: Steve Herzog Dennis Oliver Area File Phone: (40B)751-2000 TTY: (800) 335 -7592 Fax: (406)752-5767 Web Page: www.mdt.state.mt.us CONSENT TO PLATTING Pursuant to Section 76-3-612, MCA, the undersigned, WELLS FARGO BANK, National Association, as Beneficiary, of Deed of Trust/ Trust Indenture, as recorded July 26, 2005, Instrument No. 2005-207-1217-0 of Official Records of Flathead .County, Montana, Hereby consents to platting and dedication of land included in the Plat of ASPEN CREEK SUBDIVISION -- PHASE 1 Dated: ' ;_3 - STA,TE OF CALIFORNIA COUNTY AN FRANCISCO WELLS FARGG BANK, National Association (see a-)+Cgcheci JRgP �� On before me, a Notary Public in and for said County and State, personally appears me on the basis of satisfactory evi� instrument and acknowledged to me th that by his/trerltheirsignature(s) on the acted, executed the instrument. WITNESS my hand and official seal. , personally known to me (or proved to to be the person(s) whose name(s) isiare subscribed to the within helthey executed the same in his/her/their authorized capacity(ies), and Wu he person(s) or the entity upon behalf of which the person(s) Signature of Notary (For notaryte'Lor stamp) STATE OF CALIFORNIA COUNTY OF San Francisco as. On ,June 23 2006, before me, Nellie Jose, Notary Public, personally appeared John S. Kauh personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) islaf,e subscribed to the within instrument and acknowledged to me that helms executed the same in his/he heif authorized capacity(les), and that by hislheW4w-ir signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hard and official seal. Signature (Seal) ,i Niles Joe �#1� N okmy Pubft - Ce NOM San Frey ahoo y *.My CommDeis 4, SDOi Plat Room Flathead County, Montana 800 S. Main St. Kalispell, MT 59901 (406) 758--5510 This Form is for Subdivisions & Condominiums Only THOMAS DEAN & HOSKINS BY: FOR: KALISPELL BOWSER CREEK ASSC LLC DATE: 6/06/2006 DESCP: ASPEN CREEK SUBDIVISION PHASE 1 PURPOSE: PLAT (TR 3 IN 11-28-22) 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. f _ •INS Deputy Treasurer (seal) DIMENSIONS FOR TOWNHOUSE ACCESS & UTILITY EASEMENTS 22A .a`1Kr ✓ 1\�1 2113 20B \` 25A \ 25B �\ Iff \ Al �.� 28A 20B C may\ 23A \\ 23B 246 0 50' 100' 150' S C A L E CLWE TAM CURVEL010M _ RMIVS OEVA CHORD CHORD BEA M C48 1435' 140.00' S'S7.15� 14.54 N49'19'25E C40 12.19 140.00' 4.59't9 12.19 N43'S1'09'E C50 12.01' 200.00 3.28 26 12.01 S52'02 07 C51 t 3.76 200.00' 3'S8 30 t 3.75 S55.43'35 19B I 19A f u 18A r f r PLAT OF ASPEN CREEK SUBDIVISION- PHASE LOCATED N THE NOWWAST QUARTER OF TIE NOWWAST QUARTER OF SE TOMOM 25 NORTH. NAME 22 VMST, P.M.X FL MV" COUNTY, MM N89'56'3S"W 2515.99' - 7- T H R E E - M[ L E Q Ft. l V E - W ----E - N89'54'57'E 475.22' •-"-�`� `'S/a+R °d' t19.32' n 1@g.45' 4F3,�,�'- $69'S5'39 E 521,62' --•-�` . _ . _ . - !'•^ -F_49 476.84' 30.E 1• PRVATE Rw a ullu Y I I 1 Cle Lae1C. J I R/W WR6E)R 4 04' 49ax• FASpwFlir (C.0.5. i5seal I 1 ;� � w } � I m I 39 " ^ RECREATIONAL AREA - " 0� O ' o m 3 40 UJ n w [COMl4 RCIAL3 ;r ^ .490 AC. $ (COMMERCIAL) 'K i. .500 AC. - A .498 AC. . o = R -30' 1 H ? m 1a5 ,.kR w p2i, "ya' 1RF Sg.7Ei'-i9.00'--43.tX3'- t10 i 79.64' +09ti' y�`g ,9!� 4q 22A °e ',"� '3'/N66'25'4t1Y 1W.7B• S88'25'4, eF 2'85'�"" T`¢ f i N6C47'47£ s>e4s:st a a. PL'.RO a_ # 16zz� ( 20A� 18B 1 i_j f I `•'h �" 228Q''s.$ x7��69 �, • 4 .193 AC. '" $ �210 AC. '�" W s6rxs'32 E- _ _ j _ '� y�. $ . ° y \ 219 8. ` 104 =' T Ins 1 T 129.93' u `,6 tF9 / 147 AC. k >r66'XS•4l'S9 j V 568'X5'4E'E I HOMEOWNERS PARK NO. 1 �9<"�� R, T:i1,rt ,n 334A6' I _L26 ROAD RE$MVA 1 S69.49'49-C 2.510 AC, tii : G Sit t, y I[ 20.82' n $ ,F75 AC. nit' 6a.47' yl. w �� 6y9z"E 1 er. 20B i w . 18A J n v Y 589'43.43'£ L19 ,0 ,. 5P+5' 69 a `ta, .173 AC. a .205 AC. 58T26'3X"E tP y' /y- 23A v• 21A „ f IX1,77' f V J 91.31' `• cp' ' t/h5' ,339 AC. .179 AC_ �i .i7t AC, w 38 h` 2aA° 0� 'a. '.rt �p t '% y 's O j -�JS•05' i•.�_96.82' f Cry 35 RC. 4! l iv R79 4,9s. 7y �, "�. ghP' 61 C24 58510.33'E 1 .i .2>5� `T3.' Aa ' /f`�` \ ° 238� -g•�� .�cys w.R7•�- .192 A('.� W .yM1 304,ti9' I �.i 589'43'49'E Vti ,t55 AC. $\ p i42 g .149 AC. I J iF1.E9' ��, .yh, a; 103 6 YetT�3- FT9.28•` f� pF ` 7 87.42" 128 i " I 37 w tb , $ `b• 4` 4 fi• 4 / / iT / , la Er i LF.1 n I .181 AC. ,ff :t•, $•fix q° 9a. 'a. y4 .>! / .i68 AC, / O1 f ssTz6Sz£ 1 ! 6 s y1 24A \ �" eP �/ / /o 1a},54' -! { 4J /it, 28A .180 AC. ) �`' -1 ssa 118 a / t95 AC. o n 43 k` C 171 Ac. 101 / �ti ' 70. of J m ,e .178 AC. 1 i 0'• \ 85.43• 5• ` 104 'i Q S89a9.43"E Q- ` �gj �y5y a�7 ,o� $. [+ �' y'> / -205 AC. 'y`d UT07'45'EO f t..i C. 1 �• 177.89' . 135 Ci' \ �� �. / d d Q=- 2BB aL T7' .G. / 126 E27 1 F260` x57*26'3259 L*T STATON v7 f\ .211 AC. 1 P ,a£• 2 1 60, ,( *d, \ 102 G'4•°°"' 15 �±Br`1Og, s/�/ .226 AC. �aW °• & h 235 AC. R Li,1 \ 34 c i 142 r u2, s7$zgg7 j j+l 00 15454E t68.79' 47T5a'25 P� N 14 /q .258 AC. , .227 AC. / " 126 ^ > h Q` s59.57 ""~� J 1\ N h 280 57T33 Qg�• '••,J Q' N7T50'Y5'i � gg.17 � t i SRR3i'29 /i 747.?7• U J 9445 1 150 27 o w `M �! :FJ.61' / cn 57T�x5� a .214 AC. t r- .V 13 .305 AC. f `� .q 295 w ,177 AC. 01 tf; t74 I $ aw ! N711Z.59 !l� ± p3E \ C oR U o i% t,t.68 ai ,. �6gy" \ t1 CAp / rA y 28 a. 73 12 T. a 7 R .t86 AC- .taz Ac. kN 287 i 264 V 1 13 In EJ.1 �L}9 w12io--`,+°rr1n\1 557A.�n5s us� 3 taX C " R 29 \ �� ,9 LIS .t 71 AC. \ ,156 AC. ' \'�• g B a 256 .f, \ \ P a^' .391 AC. e♦as 15a N OAS \ 1 30 C o 2 F +S .lp 160 AC. \ \ E 2 (NOT A PART) �g.17 271 '� 'ao• x46 gF \r F •a tidy '4. � 11.540 AC.:+. 01.1 ri `\� •s `'y5,o'9�•`tt9ti39'E B4 .� n?\ .163 AC. pg n 39.3 HOMEOWNERS �� . 1981AC. �\ 1, d 240 �•F. 5%� 44.53• PARK NO. 22.149 AC. ` ,;p �n \ 232 "�n'7 7 •7y v+• ;,+ 32 •a. �� ' W g"'' .275 AC. .203 AC. yak Sy `rp 255 \e t, 33 , v& 195 AC. s ^E O�� ••---59.g2'- .�. �� za7 \ a Ge s9s•07'}3•E ys 7sa�p \ ti`'rygh \\�a sI• TRAC" 34 \ C , 8 C. Q. s. 1 1 J a • JS ' s• ' .179 AC. / J4•f 0 w r � cso sas0r33� 35 .214 AC. 589'30'56"W 791,75` 2k� 310,30' 75.48' 85.93' "�-- 589'30'SE"W �1,474,71' WEST VIEW DRIVE LOT 93 �� HOMEOWNERS � LO7 3s f L E T R A C T S P H A S E 2 PARK ASPEN CREEK SUBDIVISION PHASE 1 (FORMERLY KNOWN AS BOWSER CREEK) LANDSCAPING PLAN 0 SD' Iw' 100' l i i l I I SCALE NOTE: PATHS IN HOMEOWNERS' PARK AREA SHALL BE 5' WIDE COMPACTED J" MINUS GRAVEL. ONE (1) PLAYGROUND COMBINATION UNIT WILL BE INSTALLED IN THE RECREATIONAL AREA WITH FOUR (4) BENCHES. THE GRASS AREA IN THE RECREATIONAL LOT WILL BE IRRIGATED. 143 TREES TO BE INSTALLED. TREE SIZE AND VARIETY TO BE PER CURRENT APPROVED LIST AS PROVIDED BY THE CITY OF KALISPELL PARKS AND RECREATION DEPARTMENT. TWO (2) BRIDGES ARE SUBJECT TO DNRC/COUNTY CONSERVATION DISTRICT APPROVAL. TREES TO BE INSTALLED AFTER fENPORARY CLIL-DE-SAC IS 194NDONED. Project /Subdivision Contact Person: C it - ofKalispell Planning Department 2 A t. =at East, Suite .211, lis e-U, Mofflana. 5990 FINAL PLAT APPLICATION Aspen Creek - Phase 1 (Bowser Creels Estates) Name: William D. Boger, P.E. Address: Thomas, Dean & Hoskins 31 Three Mile Drive, Kalispell, MT 59901 Phone No.:406.751.5246 Owner & Mailing Address: Kalispell Bowser Creek Assoc., LLC 12_Spear _Street, Suite250 San Francisco, CA 94105 Date of Preliminary Plat Approval: July 6, 2004 - Resolution 4906 Type of Subdivision: Residential. X Industrial Commercial PUD Other Total Number of Lots in Subdivision 52 Land in Project (acres) 19.227 Parldand (acres) 3.00 Cash -in -Lieu $ N/A Exempt No. of Lots by Type: Single Family 32 Townhouse 18 Duplex Apartment Commercial 2 Industrial Condominium Multi -Family Mobile Home Park Recreational Vehicle Park Planned Unit Development 52 Other Leval Description of the Property Portion of Tract 2, C.O.S. 15888, Sec 11, T28N, R22W FILING FEE ATTACHED $ 6,160.00 Minor Subdivision with approved preliminary plat Major Subdivision with approved preliminary plat Subdivisions with Waiver of Preliminary Plat Subdivision Improvements Agreement $400 + $100/lot $650 + $100/lot $600 + $100/lot $ 50 Attached Not Applicable X X X X X (MUST CHECK ONE) Health Department Certification (Original) Title Report (Original, not more than 90 days old) Tax Certification (Property taxes must be paid) Consent(s) to Plat (Originals and notarized) Subdivision Improvements Agreement (Attach collateral) Parkland Cash -in -Lieu (Check attached) Maintenance Agreement Flats: 1 opaque OR 2 mylars 1 mylar copy 1 signed blueline 4 bluelines 4 bluelines, unsigned 11X17 Copy 11X17 Copy "The plat must be signed by all owners of record, the surveyor and the examining land surveyor. Attach a letter, which lists each condition of preliminary plat approval, and individually state how each condition has specifically been met. In cases where documentation is required, such as an engineer's certification, State Department of Health certification, etc., original letters shall be submitted. Blanket statements stating, for example, "all improvements are in place" are not acceptable. A complete 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 finds the application is complete, the staff will submit a report to the governing body. The governing body must act within 30 days of receipt of the revised preliminary plat application and staff report. Incomplete submittals will not be accepted and will not be forwarded to the governing body for approval. Changes to the approved preliminary plat may necessitate reconsideration by the planning board. I certify that all information submitted is true, accurate and complete. I understand that incomplete information will not be accepted and that false information will delay the application and may invalidate any approval. The signing of this application signifies approval for 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 a digital copy. See a4fa ch ed 5i rtaiUve- pgae) Owner(s) Signature r 1 Date **A digital copy of the finial 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, cornier or a corner of the public land survey system SIGNATURE PAGE TO FINAL PLAT APPLICATION ASPEN CREEK - PHASE I Kalispell Bowser Creek Associates, LLC, a Montana limited liability company By: VPI, Inc., a California corporation, its Manager By; _------ — Date: [2 Name: .-Arnl I . . . . . . . .................... Its: - j TICOR TITLE INSURANCE COMPANY Policy No. 7403078- 14112 GUARANTEE TICOR TITLE INSURANCE COMPANY, a California corporation, herein called the Company, guarantees the Assured against actual loss not exceeding the liability amount stated in Schedule A which the Assured shall sustain by reason of any incorrectness in the assurances set forth in Schedule A. 1. No guarantee is given nor liability assumed with respect to the identity of any party named or referred to in Schedule A or with respect to the validity, legal effect or priority of any matter shown therein. 2. The Company's liability hereunder shall be limited to the amount of actual loss sustained by the Assured because of reliance upon the assurance herein set forth, but in no event shall the Company's liability exceed the liability amount set forth in Schedule A. PLEASE NOTE CAREFULLY THE LIABILITY EXCLUSIONS AND LIMITATIONS AND THE SPECIFIC ASSURANCES AFFORDED BY THIS GUARANTEE. IF YOU WISH ADDITIONAL LIABILITY, OR ASSURANCES OTHER THAN AS CONTAINED HEREIN, PLEASE. CONTACT THE COMPANY FOR FURTHER INFORMATION AS TO THE AVAILABILITY AND COST. A I` �71 - Dated_ v Authorized SfgndfbrY By Attest TICOR TITLE INSURANCE COMPANY President Secretary Reorder Form No. 8993 (Reprinted 12100) Miscellaneous Guarantee Face Page For Use In Montana & Washington CERTIFICATE OF PLAT Guarantee No.: :403078-11 22 Order No.: 20606051.75 Liability: $1,000.00 Fee: $.150.00 Effective Date of Guarantee: May 23, 2006 at 7:30 ANI 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): Tract of land located in the Northeast € uarte.r of the Northeast € uaarter of Section 1.1, Township Zia North, Mange 22 'i3st, Principal .1 eri€Bart, M.€n.natatna, .Flathead C:€runty, Montana, being more particularly d escrib€°d as follows: t: oiraaraencirng at the Northeast corner of the Northeast quarter of the Northeast quarter of Section 1.1, Township 28 North, Raange 22 West, Principal Meridian, Montana; thence South 04°5429" West along the East line o.f'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 .Beginning, thence South 04152'27" West along the East boundary of said tract, 1127.29 feet to the Southeast corner of said tract; thence South 9®30"56" West along the South boundary of said tract, 474.7.1. feet: thence North 35° W34" East 49.44 feet: thence North 34°31'43" East 69.52 feet; thence North 55'02*353" West .108.46 feet: thence No;-th 34057'25" East 22.50 feet; thence N€grih f 5°28'07" West 5.1.93 feet; thence :North A55°02'3.5 " West 78.92 t'€Tt; thence Northerly along as non-taangent curve.. concave to the West, having a radius of 180.00 feet, a central angle of 09°02'23", a chord bearing of North 01 °31'O9" West and a chord distance ol'? .37 feet, an are length of 28.40 feet; thence North 06'02120" West 272.97 feet, thence South 77'50'25" West 60.36 feet: thence Northwesterly along a non -tangent curve, concave to the Southwest, having a radians of 100.00 feett as central angle of 52*13505", a chord beaar•ino, of North 33'00'20" west and a cord distance of € 8.02 feet, an are length of 91.14 feet, thence North 59°06'52" west 43.10 .feet: thence Northwesterly mo ng a. tangent curve, concave to the Northeast, having a radians of 170.00 cct and a central angle of'30'29'3", an arc Je ngth of 90.48 feet; thence North 87'6' 32" west 177.89 feet to as point on the westerly boundary of said Tract 2; thence N€ t-h 56°42116" East alono said boundary, 64.06 feet; thence �f rtl 02'4V5 " East along said boundary, 375.21 feet to the N€nrthivest corner € f said Fr•aat:. thence North 89'54`57" East along the North boundary of said tract, 475.22 feet.; thence S€ utla 05°501'1" East along said boundary, 12.03 feet: thence South 89*58'39" East among said boundary, 521..€52 feet to the Point of Beginning. The above described tract of land is designated and to be known as.Plat of Aspen Creek. Subdivision —Phase 1. Title to said real property is vested in: Kalispell Bowser Creek Associates, LLC Order No: 106060517E Policy No: _11403078-1 l 12 CERTIFICATE OF PLAT SCHEDULE B 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 2006 which are a lien not yet payable. 5. 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 creek, if it is navigable. 6. Any question of location, boundary or area related to the unnamed creels, including, but not limited to, any past or future changes in it. 7. 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. 8. 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. 9. Terms, provisions, covenants, conditions, definitions, obligations, reservations and restrictions, contained in Document: Purpose: a perpetual easement and right to the land... for the purpose of repairing or reconstruction or improving said well, reservoir, ditches and pipes... Recorded: October 17, 1907 In Book 90 Page 131, of Official Records. 10. Easements, reservations, restrictions, notes and dedications, as shown on Certificate of Survey No. 15888 recorded November 7, 2003 Instrument No. 2003-311-1301-0, of Official Records. 11. 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 Road access & Utility Easement as shown on Certificate of Survey No. 15888. Recorded: November 7, 2003. Instrument/File No. 2003-311-1302-0, of Official Records. CERTIFICATE OF PLAT Order No: 2060605175 Policy No: 74(t3(?71-1.112 12. 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 13, 2004 Instrument No.: 2004-197-1035-0, of Official Records. 13. 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 therein as an Annexation certain Real Property Recorded: July 15, 2004 Instrument No.: 2004-197-1036-0, of Official Records. 14. 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: $3,530,000.00. Trustor/Grantor: Kalispell Bowser Creek Associates, LLC, a Montana limited liability company. Trustee: Citizen's Title & Escrow Company. Beneficiary: Wells Fargo Bank, National Association. Dated: July 11, 2005 Recorded: July 26, 2005. Instrument No.: 2005-207-1217-0, of Official Records. 15. Easements, reservations, restrictions, notes and/or dedications as shown on the unrecorded plat of Aspen (:reel. tiUbdiVision Phase 1. 16. Terms and provisions of State of Montana, Department of Environmental Quality, Certificate of Subdivision Plat Approval, to be recorded with the plat of Aspen Creek Subdivision. NOTE: The property described appears to be located in the City of Kalispell Fire District. THEEND 48 I i I 3F i 4 i i i i 3 4C t i ! I i 4D i 1 i � 32 24 r ii �0 3$ g 22 21 33 �.� 13 12 11 1Q 9 8 31r 34 14 35 1 ` 30 2© 37 29 2s 27 25 25 19 15 7 18 1 AMD 25 � 24 P 17 [� PLAT 21s 2t� fi777 0 j V 23 8 s . 1s 17 27 22 5 s S cv 8 5 15 ¢ C w 5 28 4 4 m 8 sc 14 4 18 `` �V 29 4 a tY 13 ��C/ fi 4 3D 's 3 3 3 } 10 ttj 3 12 F 7 2 X 2 11 Y 2 11 8 PARK A W a, 23 21 2 1p W < PARK 8 1 1 1 12 1 i4 LL 3ACE 3ACD 3ACC 3AGA 3AC8 l v 2D 3ACL ACJ I 2AAAB $ 3ACK 2AS 2AD �' 3AD 3ADA 3ACH 3ACG 0 3ACM j 3ALu S 2AAs:,..:Y , at { !HA �I► t ! i I 3 I M Q r � �vas5a'sr'T . . 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