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Staff Report/Phase 2 Final Plat
City of Kalispell Planning & Building Department 201 1" Ave East, Kalispell, Montana 59901 Planning Telephone: (406) 758-7940 Building Telephone: (406) 758-7730 Fax: (406) 758-7739 Website: www.kalispell.com REPORT TO: Kalispell Mayor and City Council FROM: Sean Conrad, Senior Planner James H. Patrick, City Manager SUBJECT Final Plat for Aspen' Creek Phase 2 MEETING DATE: April 21, 2008 BACKGROUND: This is a request for final plat approval of Aspen Creek Subdivision Phase 2, consisting of 30 single family residential lots and 10 townhouse lots on approximately 11.5. 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 R-2 (Single Family Residential) 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 according to the subdivision improvement agreement (SIA) with certification from William Boger, P.E. The SIA included with the final plat application will cover two private access roads serving the townhouse lots, a vegetative screen for the south boundary of the subdivision, mailboxes and completion of an all weather access connection for Triple Creek Drive, between Aspen Creek phase 2 and Spring Creek Estates. The cost to complete these items is $68,000. The performance bonds submitted with the final plat application address the 125% of the estimated cost of remaining improvements. The estimated completion date for the remaining items listed in the SIA is November 15, 2008 or sooner. RECOMMENDATION: A motion to approve the final plat for Aspen Creek Phase 2 and to accept the Subdivision Improvements Agreement would be in order. FISCAL EFFECTS: ALTERNATIVES: Respectfully submitted, Sean Conrad Senior Planner Positive impacts once developed. As suggested by the city council. Report compiled: April 15, 2005 James H. Patrick City Manager Attachments: Letter of transmittal Final plat application and supporting documents Return to: Theresa [White Kalispell City Clerk P.O. Box 1997 Kalispell, MT 59903 APPENDIX E SUBDIVISION EWPROVEMENT AGREEMENT THIS AGREEMENT, made and entered into this day of , by and between the CITY COUNCIL, CITY OF KALISPELL, Party of the First Part and hereinafter referred to as the CITY, and Kalispell Bowser Creek Associates LLC (Name of Developer) a Company (Individual, Company or Corporation) located at 121 Spear Street Suite 250 San Francisco CA 941.05 (Street Address/P.O. Box) (City, County, State, Zip), Party of the Second Part and hereinafter referred to as DEVELOPER. WITNESSETH: THAT WHEREAS, the Developer is the owner and developer of a new subdivision known as Aspen, Creek (Name of Subdivision) located on a Portion of Tract 2 C.O.S. 15888 Section 11 Township 28North, Range 22 West (Location of Subdivision) and, WHEREAS, the City has conditioned it's approval of the final plat of _ _Aspen Creek (Name of Subdivision), upon the conditions as set forth in the Preliminary Plat of the Subdivision being completed and all improvements, as cited in "Exhibit A" have not been completed at this time, and the Developer wishes to bond for the completion of those improvements set forth in "Exhibit A"; and WHEREAS, the City's Subdivision. Regulations require that a subdivider shall. provide a financial security of 125% of the estimated total cost of construction of said improvements as evidenced by an estimate prepared by a licensed public engineer included herewith as "Exhibit B"; and WHEREAS, the estimated total cost of construction of said improvements is the sum of S 68,000.00 NOW, THEREFORE, in consideration of the approval of the final plat of said Subdivision by the City, the Developer hereby agrees as follows: CATRI-COMProjects.Wpen Creek\Word\SIA Phase 21SUBDIVISION IMPROVEMENT AGREEMENT.doe 1. The Developer shall deposit as collateral with the City a Letter of Credit, or other acceptable collateral as determined by the City of Kalispell, in the amount of $ 85,000.00 . Said Letter of Credit or other collateral shall have an expiration date of at least sixty (60) days following the date set for completion of the improvements, certifying the following: a) That the creditor guarantees funds in the sum of $ 85,000.00 , the estimated cost of completing the required improvements in Aspen Creek Phase 2 . b) That if the Developer fails to complete the specified improvements within the required period, the creditor will pay to the City immediately, and without further action, such funds as are necessary to finance the completion of those improvements up to the limit of credit stated in letter; 2. That said required improvements shall be fully completed by November 15, 2008. 3. That upon completion of the required improvements, the Developer shall cause to be filed with the City a statement certifying that: a) All required improvements are complete; b) That the improvements are in compliance with the minimum standards specified by the City for their construction and that the Developer warrants said improvements against any and all defects for a period of one (1) year from the date of acceptance of the completion of those improvements by the City; c) That the Developer knows of no defects in those improvements; d) That these improvements are free and clear of any encumbrances or liens: e) That a schedule of actual construction costs has been filed with the City; and, f) All applicable fees and surcharges have been paid. 4. The Developer shall cause to be filed with the City copies of final plans, profiles, grades and specifications of said improvements, with the certification of the registered professional engineer responsible for their preparation that all required improvements have been installed in substantial conformance with said specifications. IT IS ALSO AGREED BY AND BETWEEN THE PARTIES HERETO AS FOLLOWS, TO -WIT: That the Developer shall provide for inspection of all required improvements by a registered professional engineer before the Developer shall be released from the Subdivision Improvement Agreement. That if the City determines that any improvements are not constructed in compliance with the specifications, it shall furnish the Developer with a list of specific deficiencies and may withhold collateral sufficient to insure such compliance. If the City determines that the Developer will not construct any or all of the improvements in accordance with the specifications, or within the required time limits, it may withdraw the collateral and employ such funds as may be necessary to construct the improvement or improvements in accordance with the specifications. The unused portions of the collateral shall be returned to the Developer or the crediting institution, as is appropriate. CATRI-CORMProjectAften Creek\WordISIA Phase 2%UBDIVISION IMPROVEMENT AGREEMENT.doc EXHIBIT A Conditions of approval as fixed to the preliminary plat by the City Council, Kalispell, Montana. EXHIBIT B This agreement specifically includes the following improvements, their projected construction completion date and estimated construction costs. CHECK CONSTRUCTION ESTIMATED PERCENTAGE APPROPRIATE COMPLETION CONSTRUCTION COMPLETE IMPROVEMENTS DATE COSTS Street Grading/Paving X Complete $136,786.97 100% Sidewalks X Complete $72,250.00 100% Curbs and Gutters X Complete $48,615.00 100% Private Accessways (2locations) X Nov-08 $30,000.00 0% Sanitary Sewers Mains X Complete $123,725.00 100% Other () N/A On -Site Sewage Facilities N/A Water Systems Mains X Complete $137,892.46 100% Other (} N/A Fire Hydrants X Complete $23,553.60 100% Storm Sewer or Drainage Facilities X Complete $35,358.00 100% Street Signs X Nov-08 $240.00 59.3% Street Lighting X Complete PAID TO FEC 100% Street Monuments N/A Survey Monument Boxes N/A Landscaping/Boulevard trees X Nov-08 $30,000.00 100% Other (Screening at South Boundary-62x5' conifer trees @ 13' O.C. & Pathways) X Nov-08 $30,000.00 0% Other (LISPS Mailboxes) X Nov-08 $1,500.00 0% Other (Emergency Access Improvements) X Nov-08 $6,400.00 0% SUBTOTAL $68,000.00 FEES $0.00 TOTALS COSTS $68,000.00 TOTAL COLLATERAL (TOTALS COSTS X 125%) $85,000.00 CATRI-COREIProjectslAspen Creek\Word\SlA Phase 2WBDIVISION IMPROVEMENT AGREEMENT.doc CERTIFICATE OF ENGINEER I, William D. Boger, a Licensed Professional Engineer in the State of Montana, acting on behalf of Kalispell Bowser Creek Associates, LLC, do hereby certify: Estimated costs in Exhibit B attached hereto are true and accurate; 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 // rsday I L- of, 2008. Certificate of Notary State of Montana County of Flathead William D. Boge #1.6282PE On this 11 day of L" , 2008, before me the undersigned, a Notary Public for the State of Montana, personally appeared GCS! 0. eg--- , known to me to be the person whose name is subscribed to the forgoing instrument and acknowledged to me that he executed the same. Notary Public for the State of AMMA714k ;k ����,.�a� Eftq,,"' Residing at I .,?� '`�> v '>;, My Commission Expires on to °. `;1 INTERNATIONAL FIDELITY INSURANCE COMPANY SUBDIVISION IMPROVEMENTS LABOR AND MATERIAL BOND Bond No. 0456981 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 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 SEVENTY FIVE THOUSAND AND 00/100******** Dollars, ($75,000.00) lawful money of the United States of America, for the payment whereof, said Principal and Surety bind themselves, their heirs, executors, successors, administrators and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THE OBLIGATION IS SUCH THAT; whereas the above named Principal has entered into an agreement of agreements which are made a part of this bond, with the CIT1Y OF KALISPELL, MONTANA as Obligee for the improvements is the subdivision designated as (Tract/Parcel) Map No. _ _ APN #01-859800, Aspen Creek Subdivision, SIA Phase 2 , 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 sum specified in this bond. This bond is executed and filed to comply with Section 66499 through and including Section 66499.10 of the Government Code of California as improvement security, and shall inure to the benefit of any and all contractors, their subcontractors and persons renting equipment or furnishing labor or materials to them for the improvement. Notice of extension of time for completion is waived by the Surety. Sealed with our seals and dated this 22nd day of February , 20 08 Kalispell Bowser Creek Associates, LLC A Montana Limited Li ility Company International Fideli Insurance Company BY: VPI Inc. Carifofnia corporation, its Manager s Principal By By _ l R. A. 13ASS Attorney -in-Fact State of California County of SAN FRANCISCO On 02/22/08 before me, VENETIA G JOHNSON, Notary Public, personally appeared R. A. BASS who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that helsheAbey executed the same in his, "etheir authorized capacity(ies), and that by his heel c eiF Signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. (seal) Signature Si VENETIA G JOHNSON vi:N�rl� �..foHivsaf�t Commission # t 749375 Notary Public - California � San Francisco County M/COMM• jm7,20]1 Tel (973) 624-7200 POWER OF ATTORNEY INTERNATIONAL FIDELITY INSURANCE COMPANY HOME OFFICE: ONE NEWARK CENTER, 20TH FLOOR NEWARK, NEW JERSEY 07102-5207 KNOW ALL MEN BY THESE PRESENTS:. 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 VENETIA G. JOHNSON, KATHERINE TIBERI, R.A. BASS, THERESE A. MCNULTY San Francisco, CA. .......................... .......................................................................... .......................... ............. ... ............................................................................. ..............:....: its true and lawful attorney(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 by law, stature, rule, regulation, contract or otherwise, and the execution of such instrument(s) in pursuance of these presents, shall be as binding upon the said INTERNATIONAL FIDELITY INSURANCE COMPANY, as fully and amply, to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at its principal office. This 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, I974. 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, 1952 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. O �.ITY %�►f 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. INTERNATIONAL FIDELITY INSURANCE CO NI Y SEAT. tC12 y 1904 �STATE OF NEW JERSEY ,' q County of Essex JERS' �1�' � ��a Secretar 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 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. �1ARIN 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. CO C NOTARY _ '� PUBLIC_ * sir -i J ERs A NOTARY PUBLIC OF NEW JERSEY CERTIFICATION My Commission Expires Nov. 21. 2010 I, the undersigned officer of INTERNATIONAL FIDELITY INSURANCE COMPANY do hereby certify that I have compared the foregoing copy of the. Power of Attorney and affidavit, and the copy of the Section of the By -Laws of said Company as set forth in said Power of Attorney, with the ORIGINALS ON IN THE HOME OFFICE OF SAID COMPANY, and that the same are correct transcripts thereof, and of the whole of the said originals, and. that the said Power of Attorney has not been revoked and is now in full force and effect IN TESTIMONY WHEREOF, I have hereunto set my hand this 22nd day of February, 2008 Assistant. Secretary ! ! Attachment to Subdivision Improvements Bond CERTIFICATE OF ACKNOWLEDGMENT STATE OF CALIFORNIA § COUNTY OF SAN FRANCISCO § On February 26, 2008 before me, Dona Gomez, Notary Public, personally appeared Robert Isackson, who 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. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature of Notary OONA G0MEZ Comm.# 1166637 tft NOTARY PUBLIC- CALIFORNIA Vf Coo Count' OF Sae FRAKISC0 MY Cow. UP. FEBA 2012 '' (For notary seal or stamp) INTERNATIONAL FIDELITY INSURANCE COMPANY SUBDIVISION IMPROVEMENTS PERFORMANCE BOND Bond No. 00456981 Initial Premium $1,125.00 Subject to Renewal KNOW ALL MEN BY THESE PRESENTS: That we, KALISPELL BOWSER CREEK ASSOCIATES, LLC as Principal, and INTERNATIONAL FIDELITY INSURANCE COMPANY, a corporation duly authorized under the laws of the State of California to become surety on bonds and undertakings, as Surety, are held and firmly bound unto CITY OF KALISPELL, MONTANA as Obligee in the full and just sum of SEVENTY FIVE THOUSAND AND 00/100******** Dollars, ($ 75,000.00 ) Iawful 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. APN #01-859800. Aspen Creek Subdivision Creek, SIA — Phase 2 entered into an agreement or agreements with said Obligee to complete the improvements specified in said agreements. NOW, THEREFORE, the condition of this obligation is such, that if the above Principal shall well and truly perform said agreement or agreements during the original term thereof or of any extension of said term that may be granted by the Obligee with or without notice to the Surety, this obligation shall 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 22nd day of February, 20 08. KALISPELL BOWSER CREEK ASSOCIATES, LLC, a Montana limited liability company BY: VPI, In a CY�?rnia corporation, its Manager / Principal INTE ATI L FIDELITY INSURANCE COMPANY By ... R. . BASS / Attorney -in -Fact State of California County of SAN FRANCISCO On 02/22/08 before me, VENETIA G JOHNSON, Notary Public, personally appeared R. A. BASS who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) islafe subscribed to the within instrument and acknowledged to me that helshelthey executed the same in hislhe4t4e F authorized capacity(ies), and that by his'herr+heir signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. (seal) Signature�L�' VENETIA G JOHNSON velll:ri�► �..lo>•INst�N commission # 1749375 d Notary Public - calltornla son Francisco county My Comm,EkplmM 7, MI I . Tel (973) 624 7200 POWER OF ATTORNEY INTERNATIONAL FIDELITY INSURANCE COMPANY HOME OFFICE: ONE. NEWARK CENTER, .20TH FLOOR NEWARK, NEW JERSEY 07102-5207 KNOW ALL MEN BY THESE PRESENTS: 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 VENETIA G. JOHNSON, KATHERINE TIBERI, R.A. BASS, THERESB A.. MCNULTY San Francisco, CA. ......................................................................................................... _..._.................................. __..._...................................................................,................................ .............................. its true and lawful attorney(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 by law, stature, rule, regulation, contract or otherwise, and the execution of such instrument(s) in pursuance of these presents, shall be as binding upon the said INTERNATIONAL FIDELITY INSURANCE COMPANY, as fully and amply, to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at its principal office. This 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. O Ty //Y� IN TESTIMONY WHEREOF, INTERNATIONAL. FIDELITY INSURANCE COMPANY has caused this instrument to be signed and its corporate seal to be axed by its authorized officer, this 29th day of August, A.D. 2003. O��tiea ell"7G affixed INTERNATIONAL FIDELITY INSURANCE CO NY SEAL C111 1904 � b STATE OF NEW JERSEY County of Essex Secretar On this 29th day of August 2003, before me came the individual who executed the ppreceding 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 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. R(� IN TESTIMONY WHEREOF, I have hereunto set my hand affixed my Official Seal, at the City of Newark, New Jersey the day and year first above written. NOTARY � PUBLIC_ �.. JERS A NOTARY PUBLIC OF NEW JERSEY CERTIFICATION My Commission Expires Nov, 21; 2010 I, the undersigned officer of INTERNATIONAL FIDELITY INSURANCE COMPANY do hereby certify that I have compared the. foregoing copy of the. Power of Attorney and affidavit, and the copy of the Section of the By -Laws of said Company as set forth in said Power of Attorney, with the ORIGINALS ON IN THE HOME OFFICE: OF SAID COMPANY, and that the same are correct transcripts thereof, and of the whole of the said originals, and that the said Power of Attorney has not been revoked and is now in full force and effect IN TESTIMONY WHEREOF, I have hereunto set my hand this 22nd day of February, 2008 Assistant :Secretary Attachment to Subdivision improvements Bond CERTIFICATE OF ACKNOWLEDGMENT STATE OF CALIFORNIA § COUNTY OF SAN FRANCISCO § On February 26, 2008 before me, Dona Gomez, Notary Public, personally appeared Robert Isackson, who 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. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. ignature of Notary DONA GOMEZ Comm.# 1788637 NOTARY PUBLIC-CALIFORNIA Cin 6 COUNTY OF SAX FNAKISC4 MY Coin. UP. FIB. B, IM � (For notary seal or stamp) RIDER To be attached to and form a part of Bond No. 0456981 in the amount of S 75,000.00 issued by International Fidelity Insurance Company on behalf of Kalispell Bowser Creep Associates, LLC in favor of Citv of Kalispell, Montana Whereas said Obligee has requested that this bond be INCREASED by S 10 000.00 It is hereby understood and agreed that the bond penalty is INCREASED from S 75 000.00 to S 85,000.00 such INCREASE being effective 04110/08 Signed, sealed and dated this 11TH day of APRIL 20 08. Principal By. International Fidelity Insurance Company s--...�, Y • .�r THERESE A. McNULTV Attorney- n-Fact State of California County of SAN FRANCISCO On 04/ 11108 before me, VENETIA G JOHNSON,_N©tar Public, personally appeared THERESE A. McNULTY who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) islar-e subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/herlthe,W authorized capacity(ies), and that by #islher/tWr signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. ll (seal) Signature (A` .�-- VENETIA G JOHNSON Tei (973) 624-7200 POWER OF ATTORNEY HOME OFFICE: ONE NEWARK CENTER, 20TI-I FLOOR NEsWARK, NEW JERSEY 07102-5207 FOR BID BOND/RIDER/CONSENTS/AFFWANTTS KNOW ALLMEN EN BY THESE PRESENTS. That INTMNATIONAL FIDELITY INSURANCE COMPANY, a corporation organized and existing laws of the State of New Jersey, and having its principal office in die City of Newark, New Jersey, does hereby constitute and appoint VENETIA G. JOHNSON, KATHERINE TIBERI, R.A. BASS, THERESE A. MCNUL`I'Y San Francisco, CA. its true and lawful attorneys) -in -fact to execute, seal and deliver for and an its behalf as surety, any and all bonds and undertakings, contracts of i idemnity and other writings obligatory in die nature thereof, which are or inay be allowed, required or permitted by law, stature, rule, regulafian, Contract or odienvise, and the execution of such instrument(s) in pursuance of these presents, shall be as binding upon the said INTERNr1ATW)N.AL FIDELITY INSURANCE C:ONIPANY, as fully and amply, to all intents acid purposes. as if the same had been duly executed and acknowledged by its regularly elected. officers at its principal office. This Power of Anorneyy is executed, arid may be revoked, pursuant to anti by authority of Article 3-Section 3, cif the By-La%vs adopted by the Hoard o Directors of INTERNATIONAL FIDELITY INSURANCE COMPANY at a meeting called and held on the 7di day of Febmary, 1974. The President or any Vice President, lixecutive Vice President, Secretary or Assistant Secretary. shall have ixpwer and authority (I D ro appoint Attorneys -in -fact, and to authorize them to execute oil behalf of the Company, and attach lice Seal of tite Company the.rev), bonds and undertakings, contracts of indemnity and other writings oblip Rory in the nature thereof and, (2) To remove at any dtite, any such attorney -in -fact and revoke the authority given. Furdier, this Power of Attorney is signed and sealed by facsimile pursuant to resolution of tiie Hoard of Directors of said Company adopted at a meeting duly callLd and -held on the 29th day of April, 1982 of which tte following is a trite excerpt: Now therefore the signatures of such officers and the seal of the Company may be affixed to any such power of attornev or any certificate relating thereto by facsimile, and any such poweI" (if attorney or certificate bearing such facsimile signatures (fir facsimile sea[ shall be valid and bindini upon the Company and any such power so execut and certified by facsimile signatures and facsimile seal shall he valid and binding upon the Company in Cite future with respect to any band or undertaking to which it is attached. � ! s IN TESTIMONY WHEREOF, INTERNATIONAL FIDELITY INSURANCE COMPANY has causcil this instrument to be p� (/ signed and its corporate seal to be affixed by its authorized officer, this 29th slay ofAtigusl, A.D. 2003. ��` `qA INTERNATIONAL F IDELI'I'Y INSURANCE CONI NY SEAT. � y, $� �y � STATE OF NEAV JERSEY h� County ofEssex `'!?R Secretary On t!tis 29di stay of August 2003, before the came the in(tividuat who executed the ppreceding instrument, to rite personally known, and, being by me duly sworn, said the lie is the therein described and authorized officer of die INTERNATIONAIa �IDELITY INSURANCE COMPANY; that the seal affixed to said insaument is the Corporate Seal of said Company; that the said Corporate Sea! and his signature were duly affixed by Order of the Board of Directors of said Company. U�IAIN TISTI.i�YONY Si IfEItIiOP, l have fit reuuta sat my hand. affixed niy Official Seal, at the City of Newark. New Jersey the day and year first above written. A NOTARY PUBLIC OF NEW JIiRSEY CE-In'IFICATION My COMIII sSian Fxpues Nov. 21, 2010 I, the undersigned officer of INTERNATIONAL FIDELITY INSURANCE CONIPMNY do hereby certify that I have compared the foregoing; copy of the Power of Attorney and affidavit, and the cony of the Section of the By -Laws ofsaid Company as set forth in said Power of Attorney, with the ORIGI€ AE-13 ON IN THE; HO,141] OFFICE OF SAID COMPANY, and that die same are correct Transcripts thereof, and of the whole of the. sail! originals, and that. [tie said Power of Attorney has not been revoked and is now in full force and effect RV TESTI:YIONY WIIERLOF. l lsave itereutitn se[ npy i)atitl ilifs 1 ith day of April, 2008 e Assistant Secretary City of Kalispell Planning & Building Department 201 1"Ave East, Kalispell, Montana. 59901 Planning Telephone: (406) 758-7940 .Building Telephone: (406) 758-7730 Fax: (406) 758-7739 Website: www.kalispell.com April 16, 2008 Jaynes H. Patrick, City Manager City of Kalispell 201 — lst Avenue East Kalispell, MT 59901 Re: Final Plat for Aspen Creek Phase 2 Dear Jim: This is a request for final plat approval of Aspen Creek Subdivision Phase 2, consisting of 30 single family residential lots and 10 townhouse lots on approximately 11.5 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 R-2 (Single Family Residential) 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 according to the subdivision improvement agreement (SIA) with certification from William Boger, P.E. The SIA included with the final plat application will cover two private access roads serving the townhouse lots, a vegetative screen for the south boundary of the subdivision, mailboxes and completion of an all weather access connection for Triple Creek Drive, between Aspen Creek phase 2 and Spring Creek Estates. The cost to complete these items is $68,000. The performance bonds submitted with the final plat application address the 125% of the estimated cost of remaining improvements. The estimated completion date for the remaining items listed in the SIA is November 15, 2008 or sooner. Final Plat for Aspen Creek, Phase 2 April 16, 2008 Page 2 The preliminary plat was approved with conditions as outlined below. 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 substantial compliance with the approved preliminary plat and PUD. Some minor modifications have been made to the lot lines on the north side of Theodore Street. The lot lines were modified to keep existing trees and shrubs along the creek within the homeowner's park. Condition No. 2. That covenants, conditions, and restrictions for the subdivision shall be amended to reflect the components of this subdivision and submitted for review and approval by the Kalispell Site Development Review Committee that includes architectural standards for both the residential and commercial components of the project, a provision for the conservation and maintenance of common areas and the private internal roadways that are proposed for the townhouses. Setbacks for the townhouses accessed via an interior street shall be measured from the edge of the roadway and shall be 20 feet in the front and rear and five feet on the sides with the exception of the zero lot line required to achieve the townhouse configuration. The covenants, conditions and restrictions shall also create a provision for architectural review prior to the application and issuance of a building permit from the City of Kalispell. (Site Development Review Committee) • This condition has been met per the attached Declaration of Covenants, Conditions and Restrictions for Aspen Creek Estates. This condition shall be administered at the time of application for individual building permits. Condition No. 3. The commercial component of the subdivision shall not 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 2 April 16, 2008 Page 3 • This condition has been met. The commercial lots will not be developed at this time because a minimum of SO 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. S. That permits be obtained from the Flathead Conservation District, Montana Department of Natural Resources and the Montana Department of Environmental Quality for work done along the Spring Creek Channel or a letter from those agencies stating that the scope of work does not require permitting. (FCCD / DNRC) • A natural streambed permit, #FL-101-2005/Bowser Spring Creek/Kalispell Bowser Creek Assoc., was issued by the Flathead Conservation District on January 17, 2006. The work along Spring Creek has been completed and inspected by the Flathead Conservation District. Condition No. 6. That the plans and specifications for all public infrastructure be designed and 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 has been met. A letter from Frank Castles, Assistant City Engineer, dated June 19, 2006 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 has been met with the filing of final plat for phase 1. Condition No. S. That a minimum 20-foot buffer strip shall be established between Three Mile Drive and the subdivision that would include a bike and pedestrian trail and buffering in the form of berming or landscaping or both. Final Plat for Aspen Creek, Phase 2 April 16, 2008 Page 4 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. • This condition has been met with the filing of final plat for phase 1. 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 III -A. b. Fire hydrants shall be provided per City specifications at locations approved by this department, prior to combustible construction. c. Fire Department access shall be provided in accordance with Uniform Fire Code (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. • This condition has been met based on a letter from the Fire Department dated April 15, 2008 and submittal of the subdivision improvement agreement. The secondary emergency vehicle access has been included in the SIA to complete an all weather driving surface between this subdivision and Spring Creek Estates located to the west. As noted in the Fire Department's April 15th letter, Theodore Street is currently improperly signed. The subdivision improvement agreement includes the cost of a new sign and installation. The developer was made aware that until the secondary access has been improved and new signs installed along Theodore Street no building permits will be issued within this subdivision. Condition No. 10. That a letter be obtained from the Kalispell Parks and Recreation Director approving a landscape plan for the placement of trees and landscaping materials within the five foot landscape boulevard developed between the curb and the sidewalk. (Kalispell Subdivision Regulations, Section 3.11). • This condition has been met. The Parks and Recreation Director approved a landscaping plan for the street boulevards in a letter dated June 20, 2006. A subsequent memo from Chad Fincher, Parks Superintendent, states that the Final Plat for Aspen Creek, Phase 2 April 16, 2008 Page 5 developer has installed the street trees and seeded the boulevards in accordance with the approved plan. Condition No. 11. That the area designated on the plat as "park" shall meet the requirements for parkland dedication and shall be developed in accordance with a plan approved by the Kalispell Parks and Recreation Director that provides recreational amenities including but not limited to pedestrian access, irrigation, landscaping and play equipment so as to provide a recreational component within the development and not simply left as passive open space. (Kalispell Subdivision Regulations, Section 3.19). • This condition has been met with the filing of final plat for phase 1. Condition No. 12. That a provision be made for right-of-ways within the development that will allow for the extension of the proposed roadway so that they will provide future access to adjoining properties to the east. (Kalispell Subdivision Regulations, Section. 3.04). • This condition has been met with the filing of final plat for phase 1. Condition No. 13. That a detailed floodplain study be completed and accepted by FEMA determining the base flood elevation for the floodplain area within the subdivision. No lots that are within 100 feet of the 100 year floodplain as currently indicated on the FIRM panels shall be platted prior to the completion and acceptance of the study area. This condition has been met. A letter from FEMA dated November 24, 2004 approved the detailed floodplain study which reduced the size of the 100-year floodplain on the property. With the completion of the detailed floodplain study the second part of condition 13 is no longer applicable. Condition No. 14. That a floodplain development permit be obtained from the City of Kalispell after the FEMA study has been completed and accepted for the proposed creek crossing. * This condition has been met. The City of Kalispell issued a floodplain development permit (permit #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. Final Plat for Aspen Creek, Phase 2 April 16, 2008 Page 6 • This condition has been met. The boundary lines of the lots have been modified to be outside of the established vegetation line and the 20 foot setback will be enforced at the time individual building permits are applied for. Condition, No. 16. That Lots 14A and B, 15A and B, 16A and B be reconfigured to accommodate single family dwellings. • This condition has been met. The final plat shows these lots as single family lots, lots 44-47, instead of townhouse lots as required by this condition. 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. (MDQT) • The Montana Department of Transportation issued approach permit ## S-157(1) onto Three Mile Drive for access into the subdivision on September 10, 2004. The approaches have been installed in accordance with the approach permits and the necessary improvements at the new road intersections have been completed. Condition No. 18. That a 60 foot right-of-way reservation be noted on the final place in the area of lots 24, 25 or 26 Phase 2 to provide ingress and egress to the adjoining parcel to the 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 for phase 1. 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). • All roads within the subdivision have been named. 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). • A letter from the U.S. Postal Service dated April 8, 2008 approves of the proposed mail location for the subdivision. The cost of the required central box units has been included in the SIA for the subdivision. Final Plat for Aspen Creek, Phase 2 April 16, 2008 Page 7 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(L)). • Street lights have been installed by Flathead Electric Coop. The installed street lights meet city standards for shielding and prohibit light from intruding unnecessarily onto adjoining properties. Condition No. 22. All utilities shall be installed underground. (Kalispell Subdivision Regulations, Section 3.17). • This condition has been 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 has been met. The S1A will cover the installation of 62 coniferous trees along the southern boundary of the project. Condition No. 24. Setbacks for the townhouses will be established at five feet between the property boundary and the eave of the building while the setbacks for the single family homes will be established at ten feet between the property boundary and the eave of the building. (Kalispell Planning Board) • This condition has been met. The setbacks are reflected in the Covenants, Conditions and Restrictions for Aspen Creek Estates. Condition No. 25. That a minimum of two-thirds of the necessary infrastructure for this subdivision shall be completed prior to final plat submittal. • The response to the conditions letter accompanying the final plat application states that a minimum of 66% of the improvements have been completed. This is also documented in the attached S1A and certified by William Boger, P.E. Condition No. 26. All areas disturbed during development of the subdivision shall be re -vegetated with a weed -free mix immediately after development. • This condition has been met. The developer has placed seeding to stabilize the soil after earth moving was completed. Future home construction will also need to comply with this condition.. Final Plat for Aspen Creek, Phase 2 April 16, 2008 Page 8 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 6th of July, 2006. Condition No. 28. That preliminary plat approval for the first phase of the planned unit development shall be valid for a period of three years from the date of approval with an automatic two-year extension as each phase of the subdivision plat has been completed and filed. (Kalispell Subdivision Regulations, Section 2.04). • This condition has been met. The preliminary plat will expire in August of 2008. The final plat application is filed well within this time frame. Condition No. 29. The landowner shall execute and submit to the City of Kalispell a waiver of right to protest the implementation of an SID for roadway improvements that benefit the property. This waiver shall be disclosed upon the face of the 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 SUBDIVISION REGULATIONS: This subdivision plat has been found to be in compliance with the State and City Subdivision Regulations. COMPLIANCE WITH THE ZONING REGULATIONS This subdivision complies with the Kalispell Zoning Ordinance and the provisions of the attached PUD Agreement which constitutes the zoning for the property. 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 April 21, 2008 regular city council meeting if possible. You may call me at 758-7940 if I can be of assistance to you regarding this matter. Final Plat for Aspen Creek, Phase 2 April 16, 2008 Page 9 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 12/20/07 Letters from TD&H dated 3 / 12 / 08 Letters from Kalispell Public Works dated 6 / 19 / 06 Letter from MDEQ dated 4/ 11/05 Letter from. MDEQ dated 4/20/05 Letter from Fire Dept dated 4 / 15 / 08 Letters from Parks and Rec. dated 6 / 20 / 06 and 3 / 20 / 08 Letter from USPS dated 4 / 8/ 08 Subdivision Improvements Agreement Engineer's certification Exhibit C Performance Bonds from International Fidelity Insurance Company bond # 0456981 dated 2/22/08 Title report # 7403078-1157 dated 3 / 11 / 08 Consent to Plat letter from Wells Fargo Bank dated 1 / 31 / 08 Treasurer's certification dated 12 / 31 / 07 Declaration of Covenants, Conditions, Restrictions for Aspen Creek Estates Planned Unit Development Agreement for Aspen Creek Estates dated 8/30/06 FEMA letter of map revision dated 11 / 24 / 04 Montana Department of Transportation Approach Permits dated 9/10/04 Kalispell Floodplain Development Permit #05-07 dated 1/9/06 Flathead Conservation District 310 Permit dated 1/ 17/06 c: Theresa White, Kalispell City Clerk William D. Boger, P.E., PO Box 11195, Kalispell, MT 59901 Kalispell Bowser Creek Assoc., LLC, 121 Spear Street, Suite 250, San Francisco, CA 94105 Thomas, Dean & Hoskins, Inc. i ire •_.,- : - i ,..-... Engineering Consultants :.: t"" ` 3 March 1.2, 2008 Tom Jentz City of Kalispell PIanning and Building Department 201 — I" Ave. Bast Kalispell, MT 59901 RE: Aspen Creels Subdivision, Phase 2 Dear Tom: Attached is the submittal for the final plat of Aspen Creek Subdivision, Phase 2, with the following supplemental items: ♦ Two (2) Mylar Original Plat Sheets (2 Sheets each) ♦ Four (4) blueline copies of the Final Plat Sheets, unsigned ♦ One (1) half sized copy of the Final Plat Sheets ♦ Signed application form and fee ($5,850.00) ♦ Original Platting Certificate ♦ Tax Certification ♦ Consent to Plat from Wells Fargo Bank ♦ Subdivision Improvement Agreement, including certificate of completion stamped and signed by a professional engineer ♦ Performance and Labor/Material Bonds ♦ DEQ Certification ♦ Letter from .Fire Department dated November 29, 2007 ♦ Letter from City Parks and Recreation Department dated ,Tune 20, 2006 ♦ Letter from U.S.P.S. dated June 2, 2006 approving mailbox pullout ♦ Letter from the City of Kalispell Public Works Department dated June 19, 2006, approving construction plans J:12005V 05-0741K05-074-005 Bowser Creek -Phase 2 Final Platlword103.12.08 final plat. planning.Itr.doc 31 Three Mile Drive, ,Suite 101 e Kalispell, MT 59901 • (406) 751-5246 • FA.X (406) 752-5230 ♦ Copy of .Letter from the Montana Department of Environmental Quality approving construction plans ♦ Copy of Letter of Map .Revision (LOMR) from FEMA for revised floodplain ♦ floodplain Development Permit from the City of Kalispell ♦ 310 Permit fi-oln Flathead County Conservation District ♦ Two (2) Approach Permits from Montana Department of Transportation ♦ Record Copy of Declaration of Conditions, Covenants and Restrictions ♦ Record Copy of PUD The following were conditions of final plat with which the project complies: I . The Subdivision is in substantial compliance with the preliminary plat conditions (Dated July 6, 2004) 2. A record copy of the Covenants, Conditions and Restrictions is attached. 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 letter will be provided from the Architectural Review Committee component of the Homeowners' 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 (SWPPP)) 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 infrastructures have been designed and installed in accordance with the City of Kalispell Design and Construction Standards. An approval letter from the City of Kalispell Public Work .Department and an engineer's certification are attached. 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. I6341.. JA20051K05-0741K05-074-005 Bowser Creek -Phase 2 Final Platl ord103.12.08 final plaLplanning.ltr.doc The twenty foot buffer strip is established on the face of the Phase 1 plat. Improvements to the buffer have been coordinated with the City of Kalispell Parks and Recreation Department (see attached letter from the City of Kalispell Parks and Recreation Department). Approach permits for the entry roads have been obtained from the Montana Department of Transportation approving improvements to the entry roads and access to Three Mile Drive. Copies are attached. 9. A letter from the City of Kalispell Fire Department has been attached approving water mains, fire hydrants and access. 1.0. The Iandscaping 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. Landscaping has been completed. 11. Amenities and improvements to the "park" have been accomplished. See attached letter from the City of Kalispell Parks and .Recreation Department. 12. Access to the property to the East was provided in Phase 1 of the development. 11 The Floodplain Study has been completed and a Letter of Map Revision (LOMR) is on fide 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. 15. The property I ines 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. 1.6. The lots noted have been reconfigured as single family lots (44-47). 17. Approach permits for the entry roads have been obtained frorn 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 was reserved south of the West commercial property in Phase 1. 1.9. All roads within the subdivision have been named and signed. Theodore Street was incorrectly signed as Annalies Street. Correct signs will be installed prior to filing of the Final Plat. 20. U.S.P.S. has approved a common rnail delivery site for the subdivision. Site has been constructed. Letter is attached. .TA20051K05-0741K05-074-005 Bowser Creels-r'Itase 2 Final Plat\Word103.12.08 final plat.planning.ltr,doc 21.. Street Iighting has been installed per the applicable City standards. 22. All utilities have been installed underground, per approved plans and specifications. 23. The landscape buffer for the southern lots is covered in the attached S.I.A. 24. Setbacks have been established for the townholne 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 improvements 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 Subdivision .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 record copy of the planned Unit Development (PUD) is attached. 28. For the second phase the preliminary plat approval is understood to be valid for five years from the date approved, July 6, 2004. 29. The waiver of protest to the implernentation of an SID for beneficial roadway improvements has been included on the face of the plat. Thank you for your assistance in the progress of this project. Please contact us if you have any questions. Sincerely, THOMAS, .DEAN & HOSKINS, INC. Richard J. Swan, PL RJS/ginr K05-074-005 JA20051K05-0741K05-074-005 Bowser Creek -Please 2 final Plat\Word103.12.08 final plat. planning. Ur. doc "-5- 0-+q-00 7- City of Kalispell Public Works Post Office Box 1997, Kalispell; Montana 5990 i-1997 -Telephone (406)758-7720, Fax (406)758-78;1 June 19, 2006 William D. Boger, P.E. Thomas, Dean & Hoskins, Inc, 690 North Meridian, Suite 101 Kalispell, Montana 59901 RE: Bowser Creek Estates Phase III & IV Kalispell, Montana 4-. JUN 2 7 2006 BY -_.__e The construction plans and supporting documents for the referenced project are hereby approved. Approval does not relieve the engineer nor the contractor Attached is your copy of the letter of approval sent to the Flathead City -County Health Department and the Montana Department of Environmental Quality. We look forward to working with you on this project. Approval does not relieve you from compliance with the standards currently in effect for the previously approved phases. Sine r Y. Frank Castles, P.E. Assistant City Engineer Attachment: As Stated Itr Montana Department of ENVIRONMENTAL QUALITY P.O. Box 200901 Thorn.as, Dean & Hoskins Inc William D Boger PE 690 North Meridian Suite 101 Kalispell MT 59901 Dear Mr Boger: . Helen.*, MT 59620-0901 April 11, 2005 Mian Schweitzer, Governor • (406) 4A4-2544 • 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 fees received by the Department of Environmental Qualityrelating to this subdivision are in corrplianco 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 extensiow of municipal facilities for the supply of water or disposal of sewage are proposed {76-4-111 (3), MCA). Construction of water or sewer extensiolis 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, 'Taftat Skaarland Compliance Technician Subdivision Section, Water Protection Bureau (406) 444-1801 — email jskaarland@state.mt.us ec: City Engineer C'ol ty Sanitariayn file Eerorcement Divisioq + Permiuinq & Compiiance Division • r1annStig, Prcvention & A5sirtnnee Diybion ' Remediation Dlvfeioa TOTAL F. d2 Montana Department of ENVIRONMENTAL QUALITY Judy Martz, Governor ate- -- - - 109 Cooperative Way - Suite 105 - Kalispell, MT 59901-2389 - (406) 755-8985 - FAX (406) 755-8977 William D. Boger, P.E. April 20, 2005 TD&H 690 North Meridian, Suite 101 Kalispell, MT 59901 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 KalispelI'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: William D B.oge-,r-, P.E.#'- -E-. WAL-v J. D Er3oo � P 9. 4�t Io0W 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 • cerel3�"- - ;� u r n onmental Engineer ublic Water Supply Section Public Water Supply and Subdivisions Bureau cc: City of Kalispell, PWD P -. Flathead County Sanitarian File Centralized Services Division - Enforcement Division • Permitting & Compliance Division - Planning, Prevention & Assistanee Division • Remediation Division KAT ISPELL FIRE DEPARTMENT 312 First Avenue East Randy Brodehl — Fire Chief - PO Box 1997 Dan Diehl — Assistant Chief/Operations Kalispell, Montana 59901 DC Haas — Assistant Chief/Prevention (406) 758-7760 'rim Soule —Training Chief FAX: (406) 758-7952 www.kalispell.com April 15, 2008 TD&H ATTN: Rick Swan 31 Three Mile Drive, Suite 101 Kalispell, MT 59901 Re: Aspen Creek, Phase II Dear Mr. Swan, In response to your request for approval of the above -referenced project, our department approves final plat for Aspen Creek, Phase 11, with the following information and conditions: ❑ Fire hydrant locations are approved by this department. ❑ The secondary access road connecting Aspen Creek and Spring Creek along Triple Creek Drive must be completed, addressing the following items: o An improved all-weather surface capable of handling the load imposed by fire apparatus. o Minimum width will be 14 feet. o Manholes and other potential obstructions shall be marked (suggest 3-4 foot stakes painted a high visibility color) o Approaches and transitions to existing pavement will be smoothed and tapered. o Signage indicating "Emergency Vehicle Access Only" shall be posted on both ends of the road. © Suggest a plastic chain be placed across both ends of the road. ❑ Correct street sign for Theodore must be installed. ❑ It is understood no combustible construction will commence prior to secondary access road completion and installation of correct street name signage. Please contact me if you have any questions. Sincerely, W,J,l 1071 F. Ray Ruffatto Deputy Fire Marshal cc: Tom Jentz, Kalispell Planning Office Jeff Clawson, Acting Building Official Bill Boger, Tri-Core Engineering "Assisting our community in reducing, preventing and mitigating emergencies. " ok ©f KalisAejl 'arks and Recreation June 20; 2006- William D. Boger, P.E. Thomas, Dean & Hoskins, Inc. 31 Three Mile Drive, Suite 101 Kalispell, MT 59901 35 Vt Ave East — P 0 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: t:s 4r_„ j,'•j df s Fi ea f. ^.r a 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 T all Pei r'rr .Parks and Recreation TO: Sean Conrad, Planning 35 1 st Ave East — P O Box 1997 — Kalispell MT 59903-1997 Phone: (406) 758-7960 Fax: (406) 758-7719 Email: cflncher@kalispell.com FROM: Chad Fincher, Parks Superintendent CC: Mike Baker, Parks and Recreation Director SUBJECT: Aspen Creek Phase II DATE: March 20, 2008 As per our phone conversation on March 18, 2008, I did an onsite visit of Phase II in Aspen Creek to inspect tree plantings and boulevard seeding. The tree plantings and boulevard seeding was completed by the developer and not done as a Developers Agreement with the Parks Department. The trees are adequately spaced and meet our minimum caliper. Trees also have a mesh wire wrapped around the trees to prevent deer from rubbing on the trees, a great preventive measure. We did note that there are a few trees that where planted a little deep, (Root flair is buried), and will be monitored through out the season. It should be noted that all trees will be under warranty for a period of two years. The boulevard seeding is minimal. The developer however may need to work with Susie in Public Works to reseed for better erosion control if warranted. If you have any other questions regarding this, please feel free to contact me. , UNITEDST/1TES POSTAL SERVICE 350 N MERIDIAN RD KALISPELL, MT 59901-9998 0. M 1111�10* Kalispell Planning Board RE: Final Plat Approval 2'0 Phase To Whom It May Concern: Delivery for Aspen Creek Subdivision has been approved for Cluster Box Unit (CBU) delivery in a turnout format. The developer will provide the necessary boxes to account for his new addresses, The boxes will then be installed at the current location where Mail is being delivered. 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, or the Delivery Supervisor at 755-6450. Sincerely, Chad Taylor Growth Management City of Kalispell Planning Department 17 - 2Id Street East, Suite 211, Kalispell, Montana 59901 Telephone: (406) 751-1850 Fax: (406) 751-1858 FINAL PLAT APPLICATION Project /Subdivision Name: Aspen creek Subdivision - phase 2 Contact Person: Owner &Mailing Address: Name: Richard J. Swan, P.L.S. - �',� & H Address: 31 Three Mile Drive Ste. #101 Kalispell Bowser Creek Assoc,LLC Kalispell, MT 59901 121 Spear St. Ste.#250 Phone No.: (406) 751-5246 San Francisco, CA 94105 Date of Preliminary Plat Approval: July s, 2004 - Resolution #4906 Type of Subdivision: Residential x Industrial Commercial PUD Other Total Number of Lots in Subdivision 40 Land in Project (acres) 11.540 Parkland (acres) 1.858 Cash-in-Lieu $ ---_____� N/Exempt___ � No. of Lots by Type: Single Family4Townhouse 10 ---______, Mobile Home Park __-____,_` Duplex Apartment ---_� Recreational Vehicle Park Commercial Industrial Planned - -_ anned Unit Development 40 Condominium _ Multi -Family Other Legal Description of the Property Portion of Tract 2, C.o.s. 15888, NE 1/4, Ng 1/4 Sec.11, T28N, R22W FILING FEE ATTACHED $ 5, es0 Minor Subdivision with approved preliminary plat $400 + $125/lot Major Subdivision with approved prelimin Subdivisions with Waiver of Preliminary plat plat $800 + $125/lot Subdivision Improvements Agreement $500 + $125/lot $50 1 Attached Not Applicable (MUST CHECK ONE) X Health Department Certification (Original) X Title Report (Original, not more than 90 days old) X Tax Certification (Property taxes must be paid) X Consent(s) to Plat (Originals and notarized) X Subdivision Improvements Agreement (Attach collateral) X Parkland Cash -in -Lieu (Check attached) X Maintenance Agreement X Plats: 1 opaque OR 2 mylars 1 mylar copy 1 signed blueline 4 bluelines 4 bluelines, unsigned I1X17 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. k/ai&Pali $Y: VFT A Cali eot�ora{i�1 , i)S i+�+ctrta�r Z 120 Owner(s) Signature Ubra L•WrIDate 1I'ce�resi ~f' **A digital copy of the final plat in a Drawing Interchange File (DXF) format or an AutoCAD file format, consisting of the following layers: 1. Exterior boundary of subdivision 2. Lot or park boundaries 3. Easements 4. Roads or rights -of -way 5. A tie to either an existing subdivision corner or a corner of the public land survey system 12/31/2007 11:15 FAX 406 758 5519 PLTH CNTY PLATROON 0 001 Plat Room Flathead County, Montana 800 S. Main St. Kalispell, NIT 59901 (406) 758-5510 This Form is for Subdivisions & Condominiums Only TAX SEARCH FOR CERTIFICATE OF SURVEYS: BY: T© & H 'D FOR: KALISPELL BOWSER CREEK ASSOC DATE 9/6/07 `! L- DESCP: ASPEN CREK SUB PH 2 PURPOSE SUB (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. M i Deputy Treasurer (seal) v, �OF MOI�� TICOR TITLE INSURANCE COMPANY Policy No. 7403078- 1157 GUARANTEE TICOR TITLE INSURANCE COMPANY, a California corporation, herein called the Company, guarantees the Assured against actual loss not exceeding the liability amount stated in Schedule A which the Assured shall sustain by reason of any incorrectness in the assurances set forth in Schedule A. 1. No guarantee is given nor liability assumed with respect to the identity of any party named or referred to in Schedule A or with respect to the validity, legal effect or priority of any matter shown therein. 2. The Company's liability hereunder shall be limited to the amount of actual loss sustained by the Assured because of reliance upon the assurance herein set forth, but in no event shall the Company's liability exceed the liability amount set forth in Schedule A. PLEASE NOTE CAREFULLY THE LIABILITY EXCLUSIONS AND LIMITATIONS AND THE SPECIFIC ASSURANCES AFFORDED BY THIS GUARANTEE. IF YOU WISH ADDITIONAL LIABILITY, OR ASSURANCES OTHER THAN AS CONTAINED HEREIN, PLEASE CONTACT THE COMPANY FOR FURTHER INFORMATION AS TO THE AVAILABILITY AND COST. Dated: —J - 'uth nied Signa ory By Attest TICOR TITLE INSURANCE COMPANY �F President Secretary Reorder Form No. 8993 (Reprinted 12/00) Miscellaneous Guarantee Face Page For Use 1n Montana & Washington CERTIFICATE OF PLAT SCHEDULE A Guarantee No.: 7403079-I.157 Order No.: 2060707788 Liability: $1,000.00 . Fee: $1.50.00 Effective Date of Guarantee: February 26, 2008 at 7:30 AM The Assurances referred to on the face page hereof are: That, according to the Company's property records relative to the following described real property A tract of land located in the Northeast quarter of the Northeast quarter of Section 11, Township 28 North, Range 22 west, Principal Meridian, .Montana, Flathead County, Montana, being more particularly described as follows: Commencing at the Southwest corner of Tract 2 of Certificate of Survey No. 15888, records of Flathead County, and the Point -Of -Beginning; thence N 0215011.81' E along the West boundary of said tract, 426.98 feet; thence N 02047'58"E along said boundary, 31.7.12 feet to the approximate thread of a creek; thence along thread the following eleven (11) courses: N 7504914" E 48.91. feet: N 22055'03" E 26.82 feet; N 63008'45" E 45.05 feet; S 25012'47" E 25.96 feet; S 43017'37" E 16.90 feet; S 79037150" E 54.16 feet; S 10047'38" E 31.22 feet; S 5302.114971 E 7.99 feet; N 41.026'44" E 11.50 feet; * 75037'48 E 24.96 feet; S 67018'30" E 23.50 feet; thence leaving said thread N 5604216" E 1.9.05 feet; thence S 87026'32" E 177.89 feet; thence Southeasterly along a. non -tangent curve, concave to the Northeast, having a radius of 170.00 feet, a central angle of 30029'38", a chord bearing of S 43052'03" E and a chord distance of 89.41 feet, an are length of 90.48 feet; thence S 5900615211 E 43.10 feet; thence Southeasterly along a tangent curve, concave to the Southwest, having a radius of 100.00 feet and a central angle of 52013'05", an. are length of 91..14 feet; thence i0i 7705012511E 60.36 feet; thence S 06002'20" E 272.97 feet; thence Southerly along a tangent curve, concave to the West, having a radius of .180.00 feet and a central angle of 09002'2311, an are length of 28.40 feet; thence S 55002'35"F.. 78.92 feet; thence S 1.5028'07" E 51.93 feet; thence 5 34°57'2557 W 22.50 feet; thence S 550021351' E 108.46 feet; thence S 34031'43" W 69.52 feet; thence S 35033134" W 49.44 feet to a point on the South boundary of said Tract 2; thence S 89030'56" W along said boundary, 791.75 feet to the Paint -Of -Beginning. The above described tract of land is designated and to be known as .Plat of Aspen. Creek Subdivision -Phase 2. Title to said property is vested in: Kalispell Bowser Creek Associates, LLC CERTIFICATE OF PLAT Order No: 2060707788 Policy No: 7403078-1157 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. County road rights -of -way not recorded and indexed as a conveyance of record in the office of the Clerk and Recorder pursuant to Title 70, Chapter 21, M.C.A., Including, but not limited to any right of the Public and the County of Flathead to use and occupy those certain roads and trails as depicted on County Surveyor's maps on file in the office of the County Surveyor of Flathead County. 5. Taxes, including any assessments collected therewith, for the year 2008 which are a lien not yet payable. 6. Any right, title or interest to all minerals in or under said land including, but not Iimited to metals, oil, gas, coal, stone, and mineral rights, mining rights and easement rights or other matters relating thereto, whether expressed or implied. 7. Rights of the State of Montana in and to that portion of said premises, if any, lying in the bed or former bed of the unnamed creek, if it is navigable. 8. Any question of location, boundary or area related to the unnamed creek, including, but not limited to, any past or future changes in it. 9. Any prohibition or limitation on the use, occupancy, or improvements of the land resulting from the rights of the public, appropriators, or riparian owners to use any waters, which may now cover the land or to use any portion of the land which is now or may formerly have been covered by water. 10. The right of the Public to use, for recreational and navigational purposes, any portion of said premises lying below or beyond the high-water line of unnamed creek, or lying below or beyond the government meander line, together with the right to use any portions of said premises lying above the high-water line to portage around any barriers. 11. Terms, provisions, covenants, conditions, definitions, obligations, reservations and restrictions, contained in Document: Purpose: a perpetual easement and right to the land ... 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. 12. 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. 13. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Granted to: K.C. Dors. Purpose: Shared Private 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. 14. Terms, provisions, covenants, conditions, definitions, obligations, reservations and restrictions, contained in Document: Purpose: Petition to Annex and Notice of Withdrawal From Rural Fire District Recorded: July 15, 2004 Instrument No.: 2004-197-1035-0, of Official Records, 15. Terms, provisions, covenants, conditions, definitions, obligations, reservations and restrictions, contained in Document: Purpose: Resolution No. 4905 A Resolution to provide for the alteration of the boundaries of the City of Kalispell by including therein as an Annexation certain Real Property Recorded: July 15, 2004 Instrument No.: 2004-197-1036-0, of Official Records. 16. Terms, provisions, covenants, conditions, definitions, obligations, reservations and restrictions, contained in Document: Purpose: Planned Unit Development Agreement Aspen Creek Estates -Phases 1 and 2 (formerly known as Bowser Creek Estates) Recorded: September 8, 2006 Instrument No.: 2006-251-143 1 -0, of Official Records. 17. A Construction Deed of Trust With Absolute Assignment of Leases and Rents, Security Agreement and Fixtures Filing to secure an indebtedness in the amount show below and any other obligations secured thereby: Amount: $3,530,000.00, Trustor/Grantor: Kalispell Bowser Creek Associates, LLC, a Montana limited liability company. Trustee: Citizen's Title & Escrow Company. Beneficiary: Wells Fargo Bank, National Association. Dated: July 11, 2005 Recorded: July 26, 2005 Instrument No.: 2005-207-1217-0, of Official Records A Substitution of Trustee under said Deed of Trust which names as a substitute (successor) trustee the following: Trustee: Wells Fargo Financial National Bank Recorded: December 28, 2007 Instrument No.: 2007-00038993 of Official Records. 18. Easements, reservations, restrictions, notes and/or dedications as shown on the Preliminary Plat Aspen Creek Subdivision Phase 2. 19. Terms and provisions of State of Montana, Department of Environmental Quality, Certificate of Subdivision Plat Approval, to be recorded with The Plat of Aspen Creek Subdivision Phase 2, of Official Records. NOTE: The property appears to be located within the Kalispell Fire District. END OF SCHEDULE B iEIR BOUNDARIES OR EASEMEN I � ANu KUHUvvHY Chi REE IVl1 LE D E 31 JJ1 520 A pal �AF` 94 :,Inc g$ 96 569 3 I 95 34 ZW 68 13Y 56 O 3 3. 3 0 13 567 54 53'' 3 7 D 17 fi 62 ! 7 � E bi 1 46 47 48 49 54 13 12 4 25 24 15 2fi t V Y 23 17 N 27 22 28 18 pLL ¢ 29 Q 30 19 2 (� PARK A 4 20 21 .r PARK B 2AB 2AD 2AA 40 43 O; 16 2 e� fff! S1te�-LAs 14 3 27 13 4 �u Z..B 12 5 b 29 11 3 Ak� 30 f 31 p 32 8 7 1 �i 3 I 34 35 36 ! V as ) 32 24 23 22 21 33 � - 35 1 30 20 3 . � 29 26 27 26 25 19 37 7 18 1 AMd . 7 ! 7 2 PLAT 8 6 7 17 f ++ 6 6 16 f 3 5 g r 8 5 cv 6 4 Y 4 4 df Lu Y 14 7 6 4 m 4 13 , 6 t' 3 3 y 3 10 3 Z 12 7 11 ! 2 x 2 2 1i a 2 10 9 i 1 1 1 12 1 1 LL 3ACE 3ACq 3ACC 3ACA 3AC6 J 3ACL �� s+5 3ACJ i 1 3ACK -•s L� 2�rE{ EwCC, x 2A 3AD 3ADA 3p,. Fi w, FE . fj Z-,!'L ijl: 3ACM M '3A iLo l s.,'1 Yi1 r'9 • I Sul CONSENT TO PLATTING Pursuant to Section 76-3-612, Montana Code Annotated, 1979, the undersigned, acting on behalf of Wells Fargo Bank, NA, being an owner of interest in the property to be subdivided as: ASPEN CREEK SUBDIVISION - PHASE 2 do hereby consent to the platting of said subdivision. WELLS FARGO BANK, NA By: State of County of CERTIFICATE OF NOTARY ) ss: On this day of \ the State of , person 1: known to me to be the person(s) whose names are me that they executed the same. 2008, before me the undersigned, a Notary Public for appeared ffixed to the Consent to Platting and acknowledged to Notary Public fohhe State of Residing at ,�T!�,� My Commission Expires STATE OF CALIFORNIA COUNTY OF San Francisco ss. On January 31 , 2008, before me, Nellie Jose, Notary Public, personally appeared John S. Kauh who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/am subscribed to the within instrument and acknowledged to me that he/shefthe)t executed the same in his/her heir authorized capacity(les), and that by his/herA heir signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature'. ._ _ .__...-• (Seal) NELLIE J4SE COMMISslon # 1779790 Notary Public - California San Francisco County * Carnet. lqc 9, 2011 VARid�cz rev sic Federal Emergency Management Agency Washington, D.C. 20472 CERTIFIED MAIL RETURN RECEIPT REQUESTED The Honorable Howard W. Gipe Chairman, Flathead County Board of Commissioners 800 South Main Street Kalispell, MT 59901 Dear Mr. Gipe: NOV 24204 IN REPLY REFER TO: Case Nos. -- Community Name - Community No.: Effective Date of This Revision: of 04-08-0223P, 04-08-043OP; —if 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 docmYnents are enclosed which provide info- —station regarding this LO MIR. 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 community or the National Flood Insurance Program (c\?FIP) in general, please contact the Consultation Coordination Officer for your community. If you have any technical questions regarding this LOMMR, 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 (1-877-FEMA MAP). Additional information about the NFIP is available on our website at htt ://www.fema. gov/nfip. Sincerely, ��CAp 4 Kevin C. Long, CFM, Project jagineer 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_ TT Thoa-n.as, Dean & noskins, Inc. For: Doug Bellomo, P.E., CFM, Chief I�azard Identification Section Mitigation Division Emergency Preparedness and Response Directorate Mr. Doug Johnson Mr. Charles Lapp Mr. Russell Purdy , Page 1 of 4 Issue bale: 4 2064 Effective Rafe: NOV 2 4 9004 , ase Nos.: fl4-08-0223.P04-08-0450P, LOMRPP and 04-08-0663F Owy�1'�,b T Federal Emergency Management Agency Washington., D.C. 20472 0 zA� g sir' LETTER OF MAP REVISION DETERMINATION DOCUMENT COMMUNITY AND REVISION INFORMATION PROJECT DESCRIPTION BASIS OF REQUEST Flathead County Fc ANNEL17ATION NEW TOPOGRAPHIC DATA Montana LVERT HYDRAULIC ANALYSIS COMMUNITY (Unincorporated Areas) HYDROLOGIC ANALYSIS COMMUNITY NO.: 300023 04-08-0223P: Blue Heron Estates APPROXIMATE LATITUDE & LONGITUDE: +48.2115,-114.3567 IDENTIFIER 04-08-0450P: Purdy Development SOURCE: USGS QUADRANGLE DATUM: NAD 83 y.e nE I0663P: Doug Johnson Development Y-V V 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 We 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 I ANNOTATED MAPPING ENCLOSURES ! ANNOTATED STUDY ENCLOSURES I TYPE: FIRM` NO.: 300023 1805 D Date: September 30, 1992 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 (LOMR) 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 reap panels revised by this LOMR for floodpiain 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 hito:llwww. fe m a. oov/nfrD. Kevin C_ Long, CFM, Project Engineer Hazard Identification Section 102426 D.A04080223 102D 114:gaton Di1012426 D.A04080o0 102D Emergenr Prepparedness and Iq=Soonse_ Directorate 102428 D-r040806ea 109rY r� t� J `ase Nos.: 04-08-6223P, Paget ofI ssue Date: a 't ` Effective bate: NOV 2 4 2-004 04-08-0450P, LOMR-APP -- { attd 04-08-0663P 9 YAP Federal. Emergency Management Agency Washington, D.C. 20472 qND Sti LETTER OF -1111AP REVISION DETERMINATION DOCUMENT (CONTINUED) COMMUNITY INFORMATION APPLICABLE NFIP REGULATIONS/COMI4IUNITY OBLIGATION We 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 NIFIP 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. NFIP regulations Subparagraph 60.3(b)(7) requires communities to ensure that the flood -carrying capacity within the altered or relocated 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. COM1VIUNITY 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 law have been obtained. State/Commonwealth or community off cials, 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 StateiCommonwealth 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 -n this LOMR by preparing a news release for publication in your community's newspaper that describes the revision and explains how your community will provide the data and help interpret the NFIP maps. In that way, 'interested persons, such as property owners, insurance agents, and mortgage lenders, can benefit from the information. 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 LO-MR Depot, 3601 Elsenhower Avenue, Alexandria, VA 22304. Additional information about the NFIP is available on our website at )ttD:/lwww.fem a. oovinfip. *W,n - c-:/,7 Kevin C. Long, CFM, Project Engineer Hazard Identification Section 102426 D.A04080223102D Mitigation Division 102426 D-A04080450 102D EFmerpenC Pr :)tiredness and Resoonse D!r='Ci ;;nn ^F -lSe VMS- U4-Uis-U;L;4�tF' Pag;3 3 of 4 Issue Date: NOV 24 Effective Date: NO.V' 2 4 M 04-08-0450P, LOMR-APP and 04-08-0663P Federal Emergency Management .Agency Washington, D.C. 20472 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 Busurance and Mitigation Division Federal Emergency Management Agency, Region VIII Denver Federal Center, Building 710 P.O. Box 25267 Denver, CO 80225-0267 (303) 235-4830 STATUS OF THE COMMUNITY NFIP MAPS We will not physically revise and republish the FIRM and FIS report for your community to reflect the modifications made by this LOMR at this time. When changes to the previously cited FIRM panel and FIS report warrant physical revision and republication in the future, we will incorporate the modifications made by this LOMR at that time. 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-FENI,A MAP) or by letter addressed to the LONER Depot, 3601 Eisenhower Avenue, Alexandria, VA 22304. Additional information about the NFIP is available on our webs:N3 at itt J/www.,ema.gov/nfio. Kevin C. Long, CFM, Project Engineer Hazard Identification Section flritigation Division and, Respons.. 102426 D.A04080223102D 102426 D.A04080450 102D 1024.2.8 D.A04080663 102D Page 4 of Issue Date:ffective Date: NOV � `� 20D4 "c EVE35.: U4-Ut5-VLLSY, NOV�Q� �• - � ; 04-08-0450P, LOMFt APP and 04-08-0663P Federal Emergency Management Agency r mow• g Y Mang eg Washington, D.C. 20472 r'gIVD SF,G 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 LOMR'Depot, 3601 Eisenhower Avenue, Alexandria, VA 22304. Additional information about the NFIP is available on our website at hti i-L/1W w.fema.q,ov/nfin. Kevin C. Long, CFM, Project Engineer Hazard Identification Section 102426 D.A040W223 102D Mitigation Division 1024-26 D.A`J4080450 102D Emergency Preparedness and R:espo nse Gir_ctorare 102 -96 CD. G4080663 102D ----------------- C Lmug cm y i w CD 1'!. ::. 'h.. ! } �M Q 6 Y. y f 1 X - k, ? 1t�''.wi Cam} P � LL�JJ N. � illi�.`.�.� _.'M� ad d" cz`t.Gwr �`y�v'• •w .N. �3 Em Devised 3/1ow STAi _ . J% MONTANA — DEPARTMENT OF TRA`). soRTATION �G �'b/5 �0� 1 1- -...._ _ ... _ _ APPLICANT (Property Owner) Joint Use Name: Bowser Creek Estates Phone: 752-1555 Address: Russell Purd -Glacier Real Estate 135 W Idaho #B Kalis ell MT 59901 herein termed the applicant, requests permission to construct approach(es) described and shown on attached plot plan or plan and profile and hereby made a part of this application. Please indicate if permits or approaches are required from units of government other than the Department of Transportation. Write the number of permits required in the box: ❑ Federal Government ❑ State Private: XX Public: ❑ County ❑ City ® NIA Use of Property or Facility: 93 Residential & 2 Commercial Lot Subdivision (Residence, Trailer Court, Gas Station, Field Access, ` Type of Business, etc.) LOCATION: Ci:��vl rC a'ro:112A S'TA711:,017 MONTANA — DEPARTMENT OF (`RAir:iPORTATION HELENA, MONTANA 59620-9 001 DRIVEWAY APPROACH APPLICATION AND PERMIT APPLICANT (Property Owner) Joint Use Revised 3/10199 Name: Allen Riebe & Bowser Creek Estates Phone; 752-9510752-1555 Address: 394 Three Mile Drive & Russell Purdy- 135 W Idaho #B Kalls el! MT 59901 herein termed the applicant, requests permission to construct approach(es) described and shown on attached plot plan or plan and profile and hereby made a part of this appllcation. Please indicate if permits or approaches are required from units of government other than the Department of Transportation. Write the number of permits required in the box: ❑ Federal Government ❑ State Private: XX Public: ❑ County ❑ City ® NIA Use of Property or Facility: 93 Residential & 2 Commercial Lot Subdivision + Two Residences (Residence, Trailer Court, Gas Station, Field Access, Type of Business, etc.) LOCATION: Issued in: City of Kalispell (Community) Permit # 05-07 1. Issued to: Name: Kalispell Bowser Creek Associates Address: 121 Spear Street, Suite 250 San. Francisco, CA 94105 2. Project Location: Name of Stream/water body at location of activity: Spring Creek Legal Description: Portion of Tract 3 Section 11 Township 28N Range 22W Project Address: 400 Three Mile Dr 3. The proposed development is in the: X Floodway X Floodway Fringe Floodplain with no elevations 4. The Base Flood Elevation at the project site is approx. 2986 NAVD X NGVD 5. Source Documents: Panel Number 300023 1805 D (Sept 30, 1992) LOMR No. 04-08-0450P 6. For structures requiring elevation certification: MSL Elevation to which lowest floor is to be elevated: MSL MSL Elevation to which structure is to be flood proofed: MSL MSL Elevation to which compacted fill is to be elevated: OW-0 7. Brief description of project: Install two creek crossings (culverts and fill), roadways, and underground utility lines. S. Purpose of project: Subdivision infrastructure improvements 9. Action Taken: X The proposed development is in partial conformance with the applicable Floodplain Management Standards. A conditional approval is granted, Conditions as follows: (1) Any utility transmission lines carrying toxic or flammable materials are to be buried at a depth of at least twice the calculated maximum depth of scour for a 100-yr flood. (2) All fill material must meet the standards set forth in the floodplain ordinance. (3) All new fill must be stabilized with suitable vegetation, and any disturbed areas must be re -vegetated with suitable vegetation. (4) Any drainage facilities must be sub -grade, separated from the edge of the channel with a buffer strip sufficient to prevent flood flows from channeling into the excavation, and meet all applicable laws and regulations of other local and state agencies. Any excavated material must be disposed of or stockpiled outside the floodway. (5) Roadways must meet primary and secondary access standards pursuant to subdivision regulations (i.e. two feet above base flood elevation) . UNDERSTOOD AND ACCEPTED THIS T'"4 DAY OF JANUARY 2006 l- (Applicant) (Floodplain Adminis tor) 66NSERVATION DISTRICT'S DECISION XiSION DATE: V ko5�o".r�_cbr Notice. THIS AUTHORIZATION DOES NOT GIVE PERMISSION TO CARRY Out A'PROJtcT ON LAND THAT.IS NOT OWNED BY THE HOLDER OF THIS PERMIT. Landowner permission, easements or other federal, state, or local permits, licenses, special use permits, or authorizations may be required before construction of the project. It is the duty of the holder of this permit to determine Which are necessary and obtain them prior to construction of the project. Name of Landowner: B'alispell Bowser Creek Associates Address: 121 Spear Street, Suite 250 City: San Francisco State: CA Zip: 94105 Name of Applicant: Thomas, Dean & Hoskins, Inc. Address: 31 Three Mile Drive, Suite 101 City: Ka&pell State: MT Zip: 59901 Perennial Stream: Bowser Spring Creek Section: 11 Township: 28 Range: 22 Supervisors' Decision (circle): Approved roved w/ Modifi "on Denied Not a Project Explanation: stream crossing, road construction & maint atres © See attached (if more room, is necessary) / fl Check here if 15-day waiting period has been waived Permit Expiration Date_ GLI"f GL.d Ly -21, mod/ Workmaybegin onorafter: li �51 f Date Transmitted to Applicant and DFWI? J"aaj-q 17 , 6 6 & Supervisors' Signatures: TO BE COMPLETED BY THE .APPLICANT Check the appropriate box, sign and return a copy to the district office within 15 days of receipt of this permit. !Q_ I agree to proceed with the project in accordance with the approved application and specifications outlined in this permit and will allow a follow-up inspection. 0 1 disagree with the terms of this permit and I will seek judicial review in district court within 15 days of receipt of this = permit. (This box may only be checked if you did not sign an arbitration agreement when you submitted your application.) 0 1 disagree with the terms of this permit and hereby request arbitration. 'I agree to abide by the arbitration agreement attached to or on the reverse of this form — OR, if an arbitration agreement was signed when the permit application was submitted, I will. abide that agreement. / / Signature of Applicant: c _ Ae-= Date 01 /1-x f zl, �/ YY[ fYcf YY} �',"� /tillT TC1T11TTA lYTll1'RY YlY(1f {'1,3 Y1-'LT Fl.[ix � rrt� � C.VZVQA.RVc-ixiVx'f LLJ2i1.il.x 30 Lower Valley Road, Kalispell, MT 59901 PHONE: 752-4220 FAX: 752.4077 TFlathead Conservation Distiict 30 Lower `Ua& y 12oari, KaCaspeCC, VT 59901 Phone: 406-752-4220 xC 406-752-4077 We6 site: www. Catheadcd or OFFICIAL 310-FERMITLESMER DATE: January 17, 2006 RE: NATURAL STREAMBED PERMIT #FL-101-2005IBowser Spring CreeklKaftspell Bowser Creek Assoc Legal Description: S11, T28, R22 Landowner. Kalispell Bowser Creek Associates 121 Spear Street, Suite 250 San Francisco, CA 94105 Applicant. Thomas, Dean & Hoskins, Inc. 31 Three Mile Drive, Suite 101 Kalispell, MT S9901 Project. stream crossing, road construction & maintenance, utilities On Monday, January 9, 2006, the Flathead Conservation District Board of Supervisors ;net to discuss your project on Bowser Spring Creek. Based upon the recommendation of supervisor Dan Bangeman with concurrence by Mark Deleray of Montana Fish, Wildlife and Parks, the project was approved with modifications (see modifications on page 2) with the following specifications: RELIANCE ONAPPLICANT'S DATA: The determination of this office that issuance of tlxis permit was made in reliance on tl:e information you provided. REEVALUATION OFPEBMIT DECISION. This office may reevaluate its decision on this permit at anytime the circumstances warran4 Circumstances that could require a reevaluation include, but are not limited to, tire following: a. You fail to comply with the terms and conditions of this permit. b. The information provided by you in support of your permit application proves to have been false, incomplete, or inaccurate iSee RELLINCE ONAPPLICANT'SDATA) C. Signifacant new information surfaces which this office did not consider in reaching the original decision. " -_ - ` •', z -� � ;on on site during the work activity. i 46 irervr e _ ssUed Or iouY src�,reU�� J'iYatt tie available or Lnsnecil_ PA NATURAL STREAMBED PERMIT #FL-101-20051Bowser Spring CreeklKalispell Bowser Creek Assoc ATotify its of yorrr anticipated begnning of work on the project. ,Mien work bag been completed, fill osrt and return the enclosed PROJEC. C0_4JPLEyI07V F€ R111 to our ofjzce so that a follow-up inspection can be n2ade. 27te Flatliead Conservation District retains the right to inspect theproject during and after construction, and will contact the landowner. - T Iris pewit is valid only untll January 31, 2007. If you shouldfind nd that you have not completed this project rior to that date, contact this office for a possible time extension prior to beginning any work. (Note: only one time extension is allowed.) => Sign and return one copy of the two eraclosed "310 PERMIT CONSERVATION DISTRICT'S DECISION". By Montana State Law (MCA 75-7-1I2 (7), you are MI-rerl to reftern this to our offce within 15 days, .Failure to do so will ai omatdcally VOID this permit, without further warming. Retain the other copy for your permanent records. 40 Note that tf you do not agree with the Board's Decision, you can request an arbitration panel be called to hear the case. If you would prefer to do that, our ofce must be so notiiy7ed is writing within five days ofyour receipt of this letter. (Note: the day after receipt is considered day]) Otherwise, the arbitration process cannot be invoked. Z* The IS -day waiting period has been waived :'York on INS project may begin as soon as possible. .however be -ore beginning any work, Y014 atust sign the Supervisors Decision form, and ret%rn it to the Flathead Conservation District office. Work is to be completed with the following modifications: 1. Use the amended road crossing specifications received on 1/13/2006. 2. Install two 26 518 x 43 % x 104' concrete culverts with flared end sections. 3. The two 36' equivalent culverts shall be placed on -grade, but 4" below grade. 4. Rock shall be placed in -stream to dissipate energy at outflow ofpipes. Depending on orientation of outflow, the downstream bank may need rock stabilization. 5. Throughout the development, there will be a 50-foot vegetated buffer on both sides of the stream channel. Within this buffer zone, native and existing vegetation will not be manipulated, with the exception of pruning dead material, weed control, and construction of a footpath. This vegetated buffer zone will be included in the Covenants, Conditions and Restrictions of the subdivision and direct the homeowners group in management of the riparian area. g All work should be completed in an expeditious and careful manner as possible and shall take place during low flow periods only. Work shall be conducted to minimize impact on the stream and the immediate vicinity. To prevent leaks of petroleum products into the waterway, no defective equipment shall be operated in areas capable of contributing surface flows to the watercourse. Any excess material generated from this project must be disposed of above the ordinary high water mark and not in an area classified as a wetland. ® All disturbed areas (including any spoils or excess material) shall be shaped, seeded to grass and lightly mulched to control erosion and prevent the in%station of noxious weeds. Existing vegetation shall be Preserved to die ivam uum possible. 0 Extra precautions shall be taken to preserve existing riparian vegetation. NATURAL STPtF"BED PERIYII'T #FL-101-2005/Bowser Spring Creek/Kalispell Bowser Creek Assoc Clearing of vegetation will be limited to that which is absolutely necessary for construction ofthe project. All stream bank and adjacent areas disturbed by the construction activity shall be protected with temporary erosion control measures during the construction activities. These areas shall be reclaimed with Iong-term erosion control measures and revegetated immediately after construction. • Both the upper and lower ends of the culvert shall be armored with oversize rock to control erosion, and piping around the culvert unless otherwise specified. • Install culverts or bridges so that the low point in the road grade is not over the stream crossing. If this is not possible, construct water bars or cross drains in the road grade above the stream crossing o Route road drainage through SMZ, filtration fields, or other sediment settling structures. Install road drainage features above stream crossings to route discharge into filtration zones before entering a stream. One of the most common road drainage problems is allowing ditch drainage to flow directly into a stream. Always route ditch drainage through a filter (SMZ, slash filter windrow, etc.) so sediment can be removed o It is the landowner's and the contractor's joint responsibility to use weed -free gravel and/or flit on this project. In addition, weed control will be undertaken and maintained on any disturbed areas. For further information on weed control, contact the Flathead County Weed Dept. at 758-5798. In addition, we would encourage the landowners to maintain the riparian corridor and vegetative cover in as natural a state as possible. Although there is no state regulation for development on private property which does not include commercial timber harvesting, we urge all property owners to protect and enhance the riparian areas along streams. These areas are vital to protection of water quality in our watercourses within Flathead County. They serve as filter areas to trap sediments and chemicals as well as create protective areas for wildlife. in addition, they filter overland flows into the stream as well as creating shade, which cools the in -stream temperatures, thereby enhancing the fisheries. a We encourage landowners to leave as much, native vegetation as possible but realize that property owners usually desire to be able to view the water on their lot. Trimming the height of riparian vegetation is preferable to removing it entirely. The root systems of many riparian plants help to armor the banks and prevent erosion and possible slumping of the battles. We advocate the removal of vegetation in segments, interspersing heavily vegetative areas with cleared areas. This method allows for viewing of the stream yet does not destroy the riparian areas. The riparian area of a stream consist of the banks and the vegetative cover, including the natural occurring trees, bushes and grasses. It serves as the critical filter area between man's use of the Iand and the aquatic environment. These areas are vitally important in maintaining both the quality and quantity of water in the channel. The natural riparian area maintains shade, which cools the water, aiding in fish spawning; creates cover and resting areas for fish; provides nesting areas for animals and birds; traps chemicals, sediment and other debris from entering the stream; anchors bans and prevents erosion and bank sloughing while protecting the stream channel, and increases the bank's ability to wihsta d `tee pressure of high flows; promotes floodpla n stability, and holds excess moisture to be released during low flow periods. 50 to 90% of aquatic food is obtained from streamside trees and other vegetation. 4 NATURAL STREA.MBED PERMIT #FL-IOI-2oo5/Bowser Spring CreeklKalispell Bowser Creek Assoc ■aaaaarERaaaaaaaraaasaaaarraaaaaaaaYa■Marraaaa■aaaaa■a■saaaaaaaaaaaaaaasaaaaaaaaaaaaaa As reviewed by the Montana Department of Fish, Wildlife, and Parks, the above project pursuant to MONTANA SURFACE Water QUALITY STANDARDS SHORT-TERM TURBIDITY EXEMPTION ARM 16.20.633(3)(a) as it applied to TURBIDITY ONLY: This project may cause a significant increase in turbidity. The APPLICANT should immediately contact the Department of Health Environmental Sciences, Water Quality Bureau, A-206 Cogswell Bldg. (406-449-2406), Helena, MT 59620 to determine narrative conditions required to meet short-term water quality standards and protect aquatic biota. a a a a a a a araaaaaaaraaaaaaaaaaraaaaaaaaaaaaaaaraaaaaaaaaaaaaaaaaaaA0aaaaaaaaaaasaaaa2aara The FCD Board of Supervisors advises that the issuance of a 310 permit dares not relieve the parties involved from securing other necessary permits which may include (but not be limited to): 1. The Federal Endangered Species Act, contact U.S. Fish & Wildlife Service, Helena (406-449-5225); 2. The Flathead County Planning & Zoning Office's Floodplains Permit& Lakeshore Protection Act (406-751-8200); 3. The DNRC Trust Land Management Use License or Easement on 1�1'avigable Waters (406-751-2240 or Fax 406- 751-2288); 4. The U.S. Army Corp of Engineers' 404Permit, 10 West l5a' Street, Suite 2200, Helena, MT 59626 (406-441-1375). 5. Although water may be on or flow across your property, you may not have the right to use that water. Check your water right, and your neighbor's water right, by contacting DNRC/Water Resources, (406-752-2288). 6. A FERC (Federal Energy Regulatory Commission) pernift may be required for energy generation, contact. FERC, 888 1" Street N.E., Washington, D.C. 20426 (202-219-2750). For further information access the FERC web site at www.ferc.fed.us. For energy generation inter -connections contact: Flathead Electric Coop, 2510 Hwy 2 East, Kalispell, MT 59901 (406-751-4483). 7. A Wild & Scenic River permit for the North and Middle forks of the Flathead River contact U.S.F.S., FIathead National Forest, 1935 3rd Avenue East, Kalispell, MT (406-758-5200). 8. In addition., if you will be disturbing the vegetative cover on more than five acres, or more than one acre whieb is less than 100 feet from a stream, you will need to obtain a permit from the Mt: Dep4 ofEnvironmenatal Quality, Permitting and Compliance Division, Box 200901, Helena, MT 59620-0901, (406-444-4323). �. Streanaide Management Zone Law, Department of Natural Resources and Conservation, State Land Management Office, 2250 Hwy 93 North, Kalispell, MT 59901 406-751-2240, must be notified by the landowner or operator prior to beginning any forest practices that will access, harvest, or regenerate trees on a defined land area for commercial purposes on private, state, or federal lands. NATURAL STRE"BED PERMIT #Fi-101-2005fBowserSpring Creek&allspellBowser Creek Assoc The permittee is hereby notified that any financial outlay or work invested in a project, pursuant to this authorization, is at the permittee's risk. The issuance of this authorization does not reduce the permittee's liability for damage caused by development of the authorized project. Nor does the Flathead Conservation District in issuing this authorization in any way acknowledge liability for damage caused by the permittee's development of the authorized project. Please call the Flathead Conservation District at 406-752-4220 if you have questions. Daniel C. Bangem Supervisor Eric.: 3 cc: Fisheries, Montana Fish, Wildlife and Parks, Kalispell ( 'his form must be filled out and returned.} TO: Flathead Conservation District FROM: Phone # RE: Landowner: Applicant: 30 Lower Valley Road Kalispell, MT 59901 Phone (406) 752-4220 & Fax (406) 752-4077 E Mail fcd0digisysnet 121 SPO,- 5�/-AkVr, `- zso L,415) z 24 z7-s0 RECEIVED + • y 1 1 ,;, F?2.A .A--,Sco , 64 -7 `! -5-- N1,4TURAL STREAMBED PERWT #FL-1012005/Bowser Spring C3radbW rfvell Bowser CreekAssoc Legal Description: S11, T28, R22 Kalispell Bowser Creek Associates 121 Spear Mreet, ,Suite 250 San p'rancrsco, CA 94105 Thomas, Dean & Hoskins, .Ina 31 nFeeMW Drim, Smite.101 Kalispell MT S9901 Project: stream crossing, road construction & maialvianre, utilities Date work was completed: fie. Z&L'>� Comments: We enco fr°ltoreyitolos of*yilill` comer eled proleci for 4/2003 NATURAL STREAMBED do LAND PRESERVATION ACT FOLLOW-UP INSPECTION RE: NAMRA1. STREAMBED PERMIT NFL-101-2005/Spring CrtekXalispeif Bowser Creek Assoc Legal Description: S31, T28, R22 Landowner: Kalispell Bowser CreekAssociates 121 Spear Stied, Suite 250 Sari Francisco, CA 94105 Applicant: W&H 31 Three Mile Drive, Suite 101 a7(N 6 Afterfallow-up fncpcction lc made, complete teems below, sign A date at bottom aced rMow fom to F`CD o 1. Date offollow-up inspection://,0*Time�Aa :FwMectingiocaticn: - I COMMENTS: 3. Please attach, any photos taken. 4. Please attach any cop' of maps, or other documents itappliesble, 1 SIGNATURE ; TITLE: �y DATE, d � Rrsr,rd+a— FL4THEAD CONSRRVATIONDISTRICT,133 INTERSTATE LONE, XALISPELL, MT S9901 PHONE: (406) 752-4220 FAX: (406) 7524077 For t'}#I'ice Use: Fallow -up Inspection form sent to: Dan Bangersapr Date 4/11/2008,,,, Initials GX 6 80H 91 UV OU) Nodi 29 EKISTING GROUND AT CENTER OF PIPE 298( 10+00 SCALE: H:1 "-30' V:1 " =3' BOWSER CREEK SUBDIVISION IMPROVEMENTS KALISPELL, MONTANA SPRING CREEK CROSSING DETAIL 2990 m 11+00- JAN 13 2006 f 1 ■wwwnr: ms I v"m 111710. --- WDS M5-074-00t MEWsl DMRP R D PED em sm Ran RsaDM,®. M PLAT OF R1. DR.ASPEN CREEK SUBDIVISION- PHASE 2 LOCATED N THE NOMEAST QUARTER OF TM NORTFEAST QUARTER OF SECTION n TOWWW W NORTH, RANGE M WEST, PAVA, FLATMM COUNTY. MONTANA. TRACT 1 C.D.S. 16858 n ° HOMEOWNERS \ PARKS ND.3 _ =T B1B� \y BSA 8j k 64A �a B4B R 68A x,— aD Ac.lo.tss 6 Ig 65B —` z ® § a61 t A s C °898 _i . q z e Be B j' 0. � s.r.R � ,. � 4-sue,.-- , � ;.- °�;✓ �„` ;���e -- _ - vp _E T _ 58� 51 ]e C 72 71 70 .te >` x %ry f B9 t $� O 2.tO .�-"=.t]oOAC. ?$.t ."4 tBe >- 87K .tOC. � m 7 � lO. rao° sw aw 'tet 1 ? z 3 74 75 p $ 76 2 ails m I517AC. s�.1Ac. � _ ft a .tOL. au J .2 e4Ac. � s, IN 12vOp 1 o Lserw�szw �oz.°e�-, I O .__,t.n�___ __,�.zi�___ _a�.zi�___ __.�.z��___ __]I.zl�__ ---- z g 00 T R I P L E s C R E E K > O 47 SAca 1v .Is e^e 524 4e m. 53 SMO51 8 1O48 C9 8- 48� 46 ' �W .]68 A . �Os.O.¢1O e tla1]525 AL. .1 A. 1 2 A 552 AG 9 O50 � r ".".' °Yuc' — ses•w ssw ]s t.]s ��. ��.ccEss m.P � � LOT ss LOT32 T W O WEST VIEW DRIVE M I L E T R A C T S P H A'. E 2 N BABE OF EEARNOB C.O.B. NO MN NOIS LOT ACREADB N1DxN NE rfr AFEAB wR anoes AFEA8166i A TARE IX18iB•T P LEGEND MD. 8/8' R— N/ESP —RE. MMIRED '9525 IS', OR AS N01ED o wARD. ', RESAR W— ED"ODx. 2— S" ° sw�xuEos..ssze /cAv —ROUSE ACCESS & UNLT' EASEMENT 41T EABEMEuryt - 5' L—. AND PARALLEL TO PRO E, N 65 OMEfivISf lOOED t' COM -D ACCESS STRIv MID PROPERTY LINE s1REEr AnDRcss SHEET 1 OF 2 1 91 THRB mT. D1 9UIT3 YIDI Pxoxe Iwe7 ]b5u' m�.Tie 5 0l a:fi� Ux dM � wra4eua�x r wnw amnb tM rdaaaq m rdam, cam a �H�iwmm Xa, ee:oa9 ?Xmreapane:eny lae�miee m PLAT OP ASPEN CREEK SUBDMSION- PHASE 2 LOCATED N THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 115 TOWNSHIP 28 NORTK RANGE 22 WEST, P.M M, FLATHEAD COUNTY, MONTANA. MAhrER OF PRMEST NET/GROSS AREA TABLE Xe a —1 o.w q u. cN m�rxmnll m m»A'are..�m eadee q ONd�4X/u:H)'�w'ma NM.e�w car NWe viceenee�r.rmm�vaa mn In m a rc� uw orr�wuen ei eerspxee o�bor� edi �titeei enx �ebq ua M'ue ewwlr a seX e. al nmvpewl Muen rw—me.en a Ue' M �H lelimn n�M pd d Me:r c.mx s:an.:alee- sw.:. DIMENSIONS FOR TOWNHOUSE ACCESS + UTILITY EASEMENTS 62A 82B r r. r-- s 89A A 44 818� � u' I. ur . m�w 5 ,. � � r I , 5 61A V;l ; 47 45 r mrww 48 � BO 48 caged ro�wenlwy nae. ouernm�ro 5� x] ]0.695[3%a�l. S.It w mt wT+�u,�. Nxns wba vxp wex��v.rd.s .��.rieeiy'm wee ue rqm me ileep.:W x la GeyaW a xh tl a� pptii. M: me an Nee:wswa o mxH ra me scan ar __ __ � _ permo ye wreo::6] «nw ::wrnl0 Igare) wwneaa a we Imrwnw6 PHA9E 2 AfEA TOTALS IAT9 '].288 AC. SOAD9 9.986 AC. PARK ARBA9 I.BSB AC. RECREATIOXAL AREA 0.000 AC. eizliA u xe aq rcmmq «mrv�o ro x q CERTIFICATE OF SURVEYOR SHEET 2 OF 2 City of Kalispell Planning & Building Department 201 1"Ave East, Kalispell, Montana 59901 Planning Telephone: (406) 758-7940 Building Telephone: (406) 758-7730 Fax: (406) 758-7739 Website: www.kalispell.com REPORT TO: Kalispell Mayor and City Council FROM: Nicole C. Johnson, Planner 11 James H. Patrick, City Manager SUBJECT Final Plat for the Amended Plat of Lot 2 of Western Acres MEETING DATE: April 21, 2008 BACKGROUND: This is a request for final plat approval for a three -lot subdivision of Lot 2 in Western Acres which is located on the west side of 7th Avenue West south of 11 Street West. The address for the property owned by Brett and Terry Kelly is 1308 7h Avenue West in Kalispell and can be legally described as Lot 2 of the Western Acres subdivision located in Section 18, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana. The preliminary plat process was waived for this subdivision on November 5, 2007 due to the minor nature of the project with 13 conditions of approval. To date, the mobile home and garage have been removed from the property and a Subdivision Improvements Agreement (SIA) has been submitted to cover the costs of installing a sidewalk and seeding and planting trees within the boulevard along 7h Avenue West. The work is to be completed by June 1, 2009 and two cashier's check in the amount of $3,119.00 were provided for 125 percent of these improvements. All of the conditions have been adequately met or otherwise addressed. RECOMMENDATION: A motion to approve the final plat for Lot 2 of Western Acres and to accept the Subdivision Improvements Agreement would be in order. FISCAL EFFECTS: Positive impacts once developed. ALTERNATIVES: As suggested by the city council. Respectfully submitted, C Nicole C. Johnso James H. Patrick Planner II City Manager Report compiled: April 16, 2008 Attachments: Letter of transmittal Final plat application and supporting documents