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Staff Report/Final PlatCity of Kalispell Planning Department 17 - 2"d Street East, Suite 211, Kalispell, Montana 59901 Telephone: (406) 751-1850 Fax: (406) 751-1858 Website: www.kalispell/planning.com REPORT TO: Kalispell Mayor and City Council FROM: Nicole C. Johnson, Planner Il James H. Patrick, City Manager SUBJECT Final Plat for Diamond Ridge Estates MEETING DATE: January 22, 2008 BACKGROUND: This is a request for final plat approval of Diamond Ridge Estates, a 23 lot single-family residential subdivision on approximately 12.2 acres located on the southeast corner of Three Mile Drive and Stillwater Road. There is an existing home located on the property which is addressed 394 Three Mile Drive, Kalispell. The properties included in the subdivision can be described as Assessors Tracts 3ABB, 3AC, 3AD, 3AB and 3ACA located within Section 12, Township 28 North, Range 22 West, Flathead County, Montana. Preliminary plat approval for this subdivision was granted by the City Council on July 3, 2006. The Kalispell City Council approved this subdivision subject to 20 conditions on July 3, 2006. Note that the application includes a Subdivision Improvements Agreement (SIA) that details completed and uncompleted improvements to the Diamond Ridge Estates subdivision. The improvements that remain are bonded for in the amount of $13,250 and include such items as creating a common area, detention pond fencing, landscaping, etc. All of the conditions have been adequately met or otherwise addressed and all improvements have been completed or bonded for. RECOMMENDATION: A motion to accept the SIA in the amount of $13,250 for the remaining improvements and a motion to approve the final plat for the Diamond Ridge Estates subdivision would be in order. FISCAL EFFECTS: Positive impacts once developed. ALTERNATIVES: As suggested by the city council. Respectfully submitted, s Nicole C. Jo o James H. Patrick - Planner II City Manager Report compiled: January 17, 2008 Attachments: Letter of transmittal, Final plat application and supporting documents City of Kalispell Planning Department 17 - 2°d Street Fast, Suite 211, Kalispell, Montana 59901 Telephone: (406) 751-1850 Fax: (406) 751-1858 Website: kalispellplanning.com January 15, 2008 James H. Patrick, City Manager City of Kalispell P.O. Drawer 1997 Kalispell, MT 59903 Re: Final Plat for Diamond Ridge Estates Dear Jim: This is a request for final plat approval of Diamond Ridge Estates, a 23 lot single- family residential subdivision on approximately 12.2 acres located on the southeast corner of Three Mile Drive and Stillwater Road. There is an existing home located on the property which is addressed 394 Three Mile Drive, Kalispell. The properties included in the subdivision can be described as Assessors Tracts 3ABB, 3AC, 3AD, 3AB and 3ACA located within Section 12, Township 28 North, Range 22 West, Flathead County, Montana. Preliminary plat approval for this subdivision was granted by the City Council on July 3, 2006. The application includes a Subdivision Improvements Agreement (SIA) detailing completed and uncompleted improvements to the Diamond Ridge Estates subdivision. The improvements that remain are bonded for in the amount of $13,250 and include such items as creating a common area, detention pond fencing, landscaping, etc. The SIA and the attached exhibit have been certified by Rodney K. Schenck, a licensed engineer. A letter of credit from West One Bank for this amount will expire on December 31, 2008 and the improvements outlined in the SIA will be completed by October 31, 2008. COMPLIANCE WITH CONDITIONS OF APPROVAL: Condition 1. That the development of the site shall be in substantial compliance with the preliminary plat. (Kalispell Subdivision Regulations, Appendix C - Final Plat) • This condition is met. The final plat conforms to the preliminary plat approved by City Council on July 3, 2006. Condition 2. New infrastructure required to serve the subdivision shall be designed and constructed in accordance with the City of Kalispell's Standards for Design and Construction and Montana Public Works Standards; and shall be certified by an engineer licensed in the State of Montana. All work shall be reviewed and approved by the Kalispell Public Works Department prior to construction. This infrastructure shall include but not be limited to streets, street lighting, street signage, curb, gutter, boulevard and sidewalk and shall be installed along Creekside Court. New infrastructure along Creekside Court shall tie into the existing street infrastructure serving Bowser Creek Estates subdivision. (Kalispell Design and Construction Standards) This condition is met. A letter from Carver Engineering dated December 14, 2007 certifies that water, sewer, stormwater drainage and road construction completed to date has been inspected and is in compliance with the approved plans and specification. Four letters dated March 19, 2007 and December 20, 2007 from the Kalispell Public Works Department serve to approve the infrastructure design. Montana Department of Environmental Quality also provided the necessary approval on April 6, 2007. Improvements to the water and stormwater systems and trees for the boulevard along what's now named Kara Drive (previously Creekside Court) have been adequately bonded for in the attached SIA. Condition 3. The developer shall submit to the Kalispell Public Works Department an engineered drainage plan that meets the requirements of the current City standards for design and construction. Prior to final plat, a certification shall be submitted to the Public Works Department stating that the improvements have been built as designed and approved. (Kalispell Design and Construction Standards) This condition is met. The Kalispell Public Works Department approved the existing completed improvements except those listed in the SIA, Exhibit B for Diamond Ridge Estates in a letter dated December 20, 2007. Condition 4. A letter from the Kalispell Public Works Department shall be submitted stating that all new infrastructure has been accepted by the City of Kalispell. (Kalispell Design and Construction Standards) This condition is met. The Kalispell Public Works Department approved the existing completed improvements except those listed in the SIA, Exhibit B for Diamond Ridge Estates in a letter dated December 20, 2007. Condition 5. The parkland dedication requirements shall be met with the payment of cash -in -lieu of parkland of 1.14 acres based on the unimproved fair market value of the area devoted to lots. (Kalispell Subdivision Regulations, Section 3.19) This condition is met. A meeting was held on January 11, 2008 between the applicant and the Kalispell Parks and Recreation Department which resulted in an agreement on the fair market value of the unimproved land to be used for cash -in -lieu of providing the required parkland. An amount of $35,000 per acre was accepted by the department. Two checks have been received by the City of Kalispell totaling $39,900. Condition 6. That a minimum 20-foot buffer strip shall be established between Three Mile Drive and lots 20 and 23 of Diamond Ridge Estates as well as the frontage of the tract between lots 20 and 23 labeled "Not a part" on the preliminary plat. The 20-foot 2 buffer strip shall include a paved bike and pedestrian trail, 10-feet wide and comply with AASHTO standards for bike and pedestrian paths, and integrated into existing bike and pedestrian paths along Three Mile Drive. The 20-foot buffer strip shall also include buffering in the form of berming and landscaping. 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. This condition is met. The 10-foot bike path is installed along Three Mile Drive and the easement is identified on the final plat for this subdivision. The letter from Carver Engineering dated August 16, 2007 describes the agreements the applicant and city staff made and includes an exhibit for the property identified as "not a part" as the bike path extends across that property. This exhibit will be filed concurrently with the final plat. Condition 7. The developer shall provide evidence that lots 19 and 20 have been included in the road maintenance agreement for Wyndover Hill Drive. • This condition is met. A Grant of Easement and Road Maintenance Agreement (# 200316815310) was provided with the final plat application. Condition S. 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. This condition is met. The Kalispell Fire Department approved hydrant locations, fire flows and fire department access in a letter dated December 18, 2007. The department also requested that an address monument sign be installed along Kara Drive at the entrance of the private driveway for Lot 4 so fire emergency services may better locate the existing home. The applicant has agreed to install the sign. Condition 9. The required boulevard along Creekside Court shall be a minimum of 5 feet wide and a payment in lieu of landscaping provided to the Department of Parks and Recreation for the installation of street trees and seeding of the boulevard. (Findings of Fact Section D) • This condition is met. A number of street trees have been planted and the boulevards have been hydroseeded. The SIA included in this application states that 25 trees still need to be planted at $300 a piece which totals $ 7,500. The Kalispell Parks Department confirmed the number of street trees and that the amount was sufficient for purchase and planting. Condition 10. The existing outbuildings shown on the preliminary plat shall be 3 removed or located on the same lot as the existing house. (Kalispell Zoning Ordinance, Section 27.22.020(3)(g) This condition is met. Some of the outbuildings have been removed and the boundary of Lot 4 has been adjusted to include the shed. Condition 11. The following note shall be placed on the final plat: "Property owner(s) are responsible for the boulevard strip for the length of their property boundaries. Responsibilities include watering and mowing of the grass within the boulevard. Removal of grass or trees within the boulevard is prohibited unless approved by the Kalispell Department of Parks and Recreation." (Findings of Fact Section D) • This condition is met. The note appears on the face of the final plat. Condition 12. The following note shall be placed on the final plat: "Property owner(s) shall waive their right to protest the creation of a special improvement district for road upgrades in the area to City standards which are impacted by this subdivision." • This condition is met. The note appears on the face of the final plat. Condition 13. A letter shall be obtained from the Montana Department of Transportation and 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 in order to serve the lots within Diamond Ridge Estates. (MDOT) This condition is met. A letter dated January 24, 2007 from the Montana Department of Transportation was provided with the application. The letter required the applicant to obtain a new Joint Use Driveway Approach Application and permit and complete an Environmental Checklist. James Freyholtz, Kalispell Area Traffic Engineer for MDOT, verged that these items had been completed on January 10, 2008. Condition 14. 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). • This condition is met. Condition 15. Prior to filing the final plat a letter from the US Postal Service shall be included stating the Service has reviewed and approved of the design and location of the mail delivery site. The mail delivery site shall be installed or bonded for prior to final plat. In addition, the mail delivery site and improvements shall also be included in the plans to be reviewed by the Public Works Department. (Kalispell Subdivision Regulations, Section 3.22). • This condition is met. A letter dated December 11, 2007 from the United States Postal Service states that the mail delivery site has been approved for the Diamond Ridge Estates subdivision. 4 Condition 16. 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)). • This condition is met. A letter from the Kalispell Public Works Department dated February 2, 2007 relays light specifications and locations to the applicant and also approves the design as suggested. Condition 17. All utilities shall be installed underground. (Kalispell Subdivision Regulations, Section 3.17). • This condition is met. Condition 18. That a minimum of two-thirds of the necessary infrastructure for this subdivision shall be completed prior to final plat submittal. • This condition is met. The developer has completed approximately 98% of the improvements and the SIA adequately addresses the remaining items. Condition 19. All areas disturbed during development of the subdivision shall be re - vegetated with a weed -free mix immediately after development. This condition is met. Hydroseeding has taken place in the boulevards and disturbed areas. Condition 20. The preliminary plat approval shall be valid for a period of three years from the date of approval. (Kalispell Subdivision Regulations, Section 2.04). • This condition is met. The City Council granted preliminary plat approval on July 3, 2006 and the preliminary approval will expire on July 3, 2009. COMPLIANCE WITH APPROVED PRELIMINARY PLAT The final plat is in substantial compliance with the preliminary plat which was submitted and approved. COMPLIANCE WITH THE SUBDIVISION REGULATIONS: This subdivision plat has been found to be in substantial compliance with the State and City Subdivision Regulations. All taxes are current. The title report notes that Chase Manhatten Mortgage Corporation and West One Bank have an interest in the property. A lien on the property from HD Supply Waterworks, Ltd was released and documentation provided to that effect. Proof of payment from Chase Manhatten was provided on December 10, 2007 and a consent to plat from West One Bank is included in the application. COMPLIANCE WITH THE ZONING REGULATIONS This subdivision complies with the Kalispell Zoning Ordinance and the R-2 zoning designation. 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 January 22, 2008 city council agenda if possible. You may call me at 751-1850 if I can be of assistance to you regarding this matter. Sincerely, Y�� C Nicole C. John n Planner II Attachments: 1 opaque Mylar of final plat 1 reproducible Mylar of final plat 3 blueline of final plat 11" x 17" copy of plat Final Plat application (12/10/07) Letter from Sands Surveying, Inc. (12 / 21 / 07) Letter - Carver Engineering (12/ 14/07) Exhibit - Drainage Easement 3 Letters - Kalispell Public Works Department (3/ 19/07) MDEQ letter (4/6/07) Letter - Kalispell Public Works Department (2 / 2 / 07) Letter - Kalispell Public Works Department (12/20/07) Letter - Carver Engineering, bike path (8/ 16/07) Exhibit - Bike Path Easement Grant of Easement Road Maint. Agreement (Doc#200316815310) Letter - Kalispell Fire Department (12/ 18/07) MDOT permit (1 / 24 /07) Letter - US Postal Service (12 / 11 /07) Land value agreement letter from Allen Riebe (1 / 11 /08) Copy of park land cash -in -lieu checks ($28,500 and $11,400) Irrevocable Letter of Credit, West One Bank ($13,250) SIA for Diamond Ridge Estates (1 / 10 / 09) CCR's Title Report (Order # 238564-CT; Guarantee #238564-CT) Consent to Plat, West One Bank (12/ 10/07) Lien Release, HD Waterworks, Ltd. Letter of proof of payment on $149,000 interest from Chase Manhattan (12/ 18/07) Tax Certification (12 / 14 / 07) c: Allen and Virginia Riebe, 394 Three Mile Drive, Kalispell, MT 59901 Sands Surveying, Inc., 2 Village Loop, Kalispell, MT 59901 Theresa White, Kalispell City Clerk 6 Return to: Theresa White Kalispell City Clerk P.O. Box 1997 Kalispell, MT 59903 SUBDIVISION IMPROVEMENT AGREEMENT THIS AGREEMENT, made and entered into this day of , 200 , by and between the CITY COUNCIL, CITY OF KALISPELL, MONTANA, Party of the First Part and hereinafter referred to as the CITY, and DIAMOND RIDGE ESTATES, LLC, ALLEN RIEBE, MANAGING MEMBER, located at 394 Three Mile Drive, Kalispell, MT 59901, 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 DIAMOND RIDGE ESTATES located in the NW1/4 NW1/4 Section 12, T.28N., R.22W. Flathead County, Montana and, WHEREAS, the City has conditioned its approval of the final plat of DIAMOND RIDGE ESTATES, 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 $10,600.00. NOW THEREFORE, in consideration of the approval of the final plat of said Subdivision by the City, the Developer hereby agrees as follows: 1. The Developer shall deposit as collateral with the City a Letter of Credit, or other acceptable collateral as determined by the City Council, in the amount of $13,250.00. 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 $13,250.00, which is the estimated cost of completing the required improvements in DIAMOND RIDGE ESTATES plus an additional 25% of the estimated construction costs to cover administrative costs. 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 the letter; 2. That said required improvements shall be fully completed by October 31, 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 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. IN WITNESS WHEREOF, the Parties have hereunto set their hands and seals the day and year herein before written. AO 4LAZZ 2'a'e4 ALLEN RIEBE, MANAGING MEMBER DIAMOND RIDGE ESTATES, LLC STATE OF MONTANA ) ss. County of Flathead ) This instrument was acknowledged before me on .-10C, k cl,� 14 j Q , 200&, by Allen Riebe. NOTARY PUBUG4K 'M * T Printed Nameee 3ec s Notary Public for the State of Montana MyComft*�w W Residing at My Commission Expires ;),o I MAYOR, CITY OF KALISPELL ATTEST: MAYOR FINANCE DIRECTOR EXHIBIT "B" CERTIFICATION OF WORK TO BE COMPLETED DIAMOND RIDGE ESTATES KARA DRIVE COMPLETED TO DATE January 10, 2008 Item No. Description Unit Measure Estimated Quantity Unlit Price Total Price QUANTITY COMPLETED TOTAL COST COMPLETED 101 Clearing& GrubbingAC. 1.5 $ 4 400.00 $ 6,600.00 1.5 $6 600,00 102 Unclassified Excavation lr-.a-wxoo c.v- 4,cA,du Radw . 8aw Pnd , rot rL &- Pawl LUMP 1 $ 21.000-00 $ 21,00&00 1 $21,0K00 103 9" of 3" - Pit Run Gravel C.Y. 1 140 $ 24.50 $ 27 930,00 1,140 $27 930.00 104 6" of 314" Crushed Gravel S.F. 41 005 $ 0.50 $ 20 502.50 41.005. $20 502.50 105 Hot Plant Mix Ash alt 4" - 2 Lifts S.F. 33800 $ 1.30 $ 43 940,00 33,800 3 940.00 106 Remove Existing Curb & Gutter L.F. 100 $ 16.00 $ 1,600,00 100 $1 600.00 107 Concrete Curb and Gutter L.F. 2 412 $ 16.00 $ 38 592.00 2,412 $38 592.00 108 5 Concrete Sidewalk on 8' Prepared Base L.F. 2680 $ 26.50 $ 71 020.00 2680 $71 020.00 109 Concrete Handle: Accessible Rams EA. 4 $ 230.00 $ 920.00 4 $920.00 110 10' Asphalt Bike Path on 8' Prepared Base L.F. 500 $ 22.15 11 075.00 5001 $11,075.00 Ill Topsoll 3" Da in Boulevards & Embankments C.Y. 320 $ 15.25 $ 4,880.00 320 $4,880.00 112 Street Sign and Placement EA. 1 $ 670.00 $ 570.D0 1 $670.00 113 H droseedin Seed & Mulch Boulevards AC. 0.8 $ 3.000.00 $ 2,400.00 0.8 $2 400.00 114 Mail Box Slab EA. 1 $ 11100.00 $ 1,100.00 1 $1.100.00 115 All Weather Access Strip L.F. 190 $ 47.75 $ 9,072.50 190 $9 072.50 118 Boulevard.Treas EA.'• 40 300Y10 <5 ` 12000.00 SUBTOTAL ITEMS 101-116 1 1 5 273 202.00 S 265,702.00 WATER SYSTEM Item No. Description Unit Measure Estimated Quantity Unit Price Total Price QUANTITY COMPLETED TOTAL COST COMPLETED 201 8" Water Main - AW WA C900 Class 150 LF. 1,648 $ 27.50 $ 45 320.00 1648 $45 320.00 202 8" Gate Valves & Boxes EA. 3 $ 1,500.00 $ 4 500.00 3 $4 500.00 203 8" Misc. DI Fittings EA. 18 $ 750.00 $ 13 500.00 18 $13 500.00 204 Fire Hydrants EA. 3 $ 5250-00 $ 15,750.00 3 $15.750.00 205 - 1"Water Services EA. 23 ` $ W11U0- ---S 98400.00: 22 $17600.00:. SUBTOTAL ITEMS 201-205 1 $ 97 470.00 I Is 96,670.00 SEWER SYSTEM Item No. Description Unit Measure Estimated Quantity Price Total Price QUANTITY COMPLETED TOTAL COST COMPLETED 301 8" Sewer Main PVC SDR 35 L.F. 1,465 Kunit 27.50 $ 40,287.50 7 465 $40 287.50 302 V Dlam. Manholes w/ Rin & Cover EA. 14 1750.00 $ 24 rW nn 14 $24 500.00 303 Dr Connection at Manhole EA. 2 750.00 $ 1,500.00 2 $1 500.00 304 Connect to Existinu Manhole & Raise Rim Elevation EA. 1 850.00 $ 850.00 1 850.00 305 4"PVCSeworServices EA. 19 $ 750.00 S 14250.00 79 $14250.00 308 Pressure Sewer Services EA. 4 $ 1000.00 $ 4 000.00 4 $4 000.00 SUBTOTAL ITEMS 301.308 1 Is 85 387.50 $ 85,387.50 DRAINAGE & MISCELLANEOUS WORK Item No. Description Unit Measure Estimated Quantity Total Price QUANTITY COMPLETED TOTAL COST COMPLETED A401 Catch Basins w/ Castings EA. 6 $ 4,950.00 6 $4,950.00 A402 Drain Basins w/ Castings EA. 5 $ 4,125.00 5 $4 125,00 A403 4' Diem. Stone Manholes w/ Ring& Cover EA. 5 $ B750.00 5 $8 750,00 A404 12" Storm Sewer Main LF. 366 F$1,750.00 $ 10 248.00 366 10,248.00 A405 8" Storm Sewer Main L.F. 137 $ 3 562.00 137 3 562.00 A406 6" Storm Sewer Main L.F. 384 $ 9 216.00 384 $9 216.00 A407 Storm Tech SC-740 Chamber L.F. 281 $ 22 480.00 281 $22480.00 A408 4" - 6" RI Ra Outlet Protection C.Y. 2 $50.00 $ 100.00 2 $100.00 A409 Place 3" Topsoil Ponds and Drainage Swales C.Y. 65 $ 25.00 $ 1,625.00 65 $1 625.00 A410 Drainage Swales L.F. 300 15.00 4500.00 300 $4,500.00 A411 H droseed Pond and Swales AC. 0.2 $ 3,000.00 600.00 0.2 $600.00 A412 1Y CMP L.F. 70 1 $ 25.001 $ 1,750.00 70 $1,750.00 4413 Detention 'PaMFMce':... 230 • S.Oi} '• t 150.00` .' ,` 0 777 .. ti0 SUBTOTAL ITEMS A401 - A413 73 056.00 $ 71,906.00 UTILITIES - TRENCHING, CONDUIT & VAULTS COMPLETED TO DATE January 10,2008 Item No. Description Unit Measure Estimated Quantity Unit Price Total Price QUANTITY COMPLETED TOTAL COST COMPLETED 501 Common Utility Trench w/ Bedding L.F. 2,000 $ 4.50 $ 91000.00 2,000 $9.000.00 502 1" Street LI ht Conduit wl Pull Rope L.F. 140 1.50 $ 210.DO 140 $210.DO 503 2" Conduit w! Pull Rope L.F. 3,ODO $ 3.00 91000.00 3.000 $9 ODO.DO 504 3" Condult wl Pull Rope L.F. 4,400 $ 4.00 $ 17 600.00 4.400 $17,600,00 505 4" Conduit for Gas Sleeve L.F. 210 $ 5.00 $ 1,0%00 2101 $1 050.00 506 Light Bases Standard FEC EA. 5 $ 700.00 $ 3,500.00 5 $3 500.00 507 1 Phase Transformer Vault EA. 4 $ 750.00 $ 3 000.00 4 $3.000.00 508 Set Secondary Service Pedestals EA. 10 $ 100.00 $ 1 000.00 10 $1,0D0.00 509 Bore Utilities Under Three Mlle Drive ia-Pvc C.WM. ar pvc cw„nm L.S. 1 $ 2,000.00 $ 2,000.00 1 $2,000,00 SUBTOTAL ITEMS 501-509 $ 46,360.00 $ 46,360.00 PPnFFSSI(]NAI X I ITII ITV RFRVII'F R(1STR Item No. Description Unit Measure Estimated Quantity Unit Price Total Price QUANTITY COMPLETED TOTAL COST COMPLETED $01 !' Constnjctlon E i ° I tna" on 1 UMP SUM `. 1 $ '' 7` 35000.00 <$ 35,OD0.00 `' 98% $34300.00' SFIa Legal ary ' n ... LUMP SUM ` 1 ; 15 OW.00 .' S 15 000.00 $14 550.00 . $03 Flathead Electric LUMP SUM 1 $ 23 687.00 $ 23 587.00 100% $23 587.00 604 Northwest Energy LUMP SUM 1 $ tt 497.00 $ it 497.00 100% $11 497.00 605 Cantu el LUMP SUM 1 13 885.68 $ 13 885.68 100% $13 885.68 SUBTOTAL ITEMS 601.605 98 969.68 $97,819.88 TOTAL PROJECT BUDGET ORIGINAL TOTAL ESTIMATED COST OF CONSTRUCTION AMOUNT COMPLETED PRIOR TO BONDING AMOUNT OF REMAINING WORK PRIOR TO BONDING AMOUNT OF BOND (125%OF REMAINING WORK) AMOUNT OF WORK COMPLETED TO DATE PERCENTAGE OF WORK COMPLETED TO DATE AMOUNT OF WORK REMAINING ORIGINAL BOND AMOUNT AMOUNT OF BOND TO BE RETAINED (125 % OF REMAINING WORK) BOND AMOUNT TO BE RELEASED AMOUNT PREVIOUSLY RELEASED AMOUNT TO BE RELEASED AT THIS TIME AS PROJECT ENGINEER FOR DIAMOND RIDGE ESTATES, I CERTIFY THAT THE WORK LISTED HEREIN IS CORRECT. IN ADDITION, I CERTIFY THAT THE ASSOCIATED COSTS ARE REASONABLY ACCURATE ESTIMATES OF THE RESPECTIVE COSTS OF THE WORK. THE VALUE OF CONSTRUCTION AND OTHER WORK COMPLETED TO DATE IS ESTIMATED TO BE: THE TOTAL VALUE OF REMAINING WORK, SERVICES AND FEES IS ESTIMATED TO BE: SECURITY HELD AT 125% OF THE REMAINING COSTS SHOULD BE IN THE AMOUNT OF: THEREFORE, IT IS IN ACCORDANCE WITH THE SUBDIVISION IMPROVEMENTS AGREEMENT TO REDUCE THE TOTAL AMOUNT OF THE SECURITY HELD BY: $0.00 ROD SCHENCK, P.E. a a it N TAllf'• ,K - - CCL xk- !!" 0. i $ 674,445.18 $ 663,845.18] $ 674,445.18 $ 663,845.18 $ 10,600.00 $ 13,250.00 $ 663,845.18 9&44: $ 10,600.00 $ 13,250.00 $ $63,845.18 $ 10,600.00 $ 13,250.00 ALL WORK TO BE COMPLETED BY OCTOBER 31, 2008 WEST ONE BANK January 10, 2008 Irrevocable Letter of Credit No. 124 Diamond Ridge Estates LLC 394 Three Mile Drive Kalispell, MT 59901 City of Kalispell 312 1" Avenue East Kalispell, MT 59901 We hereby establish this irrevocable Letter of Credit in your favor for one or more drawings up to United States,$13,250.00. This Letter of Credit is payable at the West One Bank office at 222 W. Idaho, Kalispell, MT 59901, and expires with our close of business on December 31, 2008 Each draft so drawn must be marked "Drawn under West One Bank, 222 W. Idaho, Kalispell, MT 59901, Letter of Credit #124 and accompanied by signed statements of the City of Kalispell that Diamond Ridge Estates has failed to honor his contractual agreement with the City of Kalispell. We hereby agree with you that all drafts drawn under and in compliance with the terms of this credit will be duly honored if drawn and presented for payment to our office, West One Bank, 222 W. Idaho, Kalispell, MT 59901. West One Bank is insured by the FDIC under Certificate #57534. Sincerely, West One Bank BY: I Pr t Name: Lance Gittings Its: Assistant Vice President 112t 222 W. IDAHO • P.O. BOX 7758 • KALISPELL, MT 59904-0758 Member N' TEL. 406-755--9781 • FAX 406-755-9794 • www.westonebank.com MIC December 21, 2007 City of Kalispell Planning Department 17 2 d Street East Kalispell, MT 59901 RE: Final Plat submittal for Diamond Ridge Subdivision. Dear Planning Office: This cover letter is intended to give an overview of the conditions of approval and the supporting documentation for meeting the conditions for Diamond Ridge Subdivision. The Kalispell City Council granted preliminary plat approval of the subdivision on May 5, 2003 and granted a one year in 2006. Final Plat of Phase 1 and 2 was granted by the City Council on July 3, 2006. Included with this packet is a Subdivision Improvements Agreement with a table calculating the amount of construction completed and the construction that remains incomplete. The SIA and Letter of Credit of $12,687.50 is 125% of the cost remaining. The letter of credit from West One Bank will expire on 12/31/08 and the improvements outlined in the SIA will be completed by 10/31/08. Preliminary Plat Conditions Condition #1: That the development of the site shall be in substantial conformance with the approved preliminary plat. This condition is met. The final plat conforms to the preliminary plat approved by the City Council. Condition #2: New infrastructure required to serve the subdivision shall be designed and constructed in accordance with the City of Kalispell's Standards for Design and Construction and Montana Public Works Standards; and shall be certified by an engineer licensed in the State of Montana. All work shall be reviewed and approved by the Kalispell Public Works Department prior to construction. This infrastructure shall include but not be limited to streets, street lighting, street signage, curb, gutter, boulevard and sidewalk and shall be installed along Creekside Court. New infrastructure along Creekside Court shall tie into the existing street infrastructure serving Bowser Creek Estates subdivision. This condition is met. (See the letter from Carver Engineering dated 12/14/07, the three letters from the City of Kalispell Public Department dated 3/19/07 approving the infrastructure design and the MDEQ approval dated 4/6/07) Condition #3: The developer shall submit to the Kalispell Public Works Department and engineered drainage plan that meets the requirements of the current City Standards for design and construction. Prior to the final plat, a certification shall be submitted to the Public Works Department stating that the improvements have been built as designed and approved. Diamond Ridge Estates This condition is met. (See letter from Kalispell Public Works Department, Frank Castles, P.E.). Condition #4: A letter from the Kalispell Public Works Department shall be submitted stating that all new infrastructure has been accepted by the City of Kalispell. This condition is met. The Public Works Department has the information to write the letter but they are waiting for verification from the City's field inspectors. We should have this letter within the week. Condition #5: The parkland dedication requirement shall be met with the payment of cash -in -lieu of parkland of 1.14 acres based on the unimproved fair market value of the area devoted to lots. This condition is met. The developer is providing to the City of Kalispell with this application a check for $28,500.00 to meet the cash -in -lieu of parks dedication. Condition #6: That a minimum 20-foot buffer strip shall be established between Three Mile Drive and lots 20 and 23 of Diamond Ridge Estates as well as the frontage of the tract between Lots 20 and 23 labeled "Not a Part" on the preliminary plat. The 20-foot buffer strip shall include a paved bike and pedestrian trail, 10-feet wide to comply with AASHTO standards for a bike and pedestrian paths, and integrated into existing bike and pedestrian paths along Three Mile Drive. The 20-foot buffer strip shall also include buffering in the form of the berming and landscaping. These improvements are to be coordinated with the Kalispell Public Works Department and the Montana Department of Transportation. This condition is met. The ten foot bike path is installed along Three Mile Drive and the easement show in the final plat. (See the letter from Carver Engineering Dated 8/16.07 and copy of Easement Exhibit for the "Not a Part" property. Condition #7: That the developer shall provide evidence that Lots 19 and 20 have been included in the road maintenance agreement for Wyndover Hill Drive. This condition was met. ( See Grant of Easement Road Maintenance Agreement Doc #200316815310) Condition #8: The following requirements shall be met per the Kalispell Fire Department: a. Water mains designed to provide minimum fire flows shall be installed per City specifications at approved location. Minimum fire flows shall be in accordance with Uniform Fire Code (1997) Appendix III -A b. Fire Hydrants shall be provided per City Specification 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.. This condition was met. (See letter dated 12/18/07 from the Kalispell Fire Department approving the hydrants, fire flows, and access.) Condition #9: The required boulevard along Creekside Court shall be a minimum of 5 feet wide and a payment-ih-lieu of landscaping provided to the Department of Parks and Recreation for the installation of street trees and seeding the boulevard. Diamond Ridge Estates 2 This condition is met. A number of the street trees have been planted and the boulevards have been hydroseeded, however some trees still need to be planted and these are included in the Subdivision Improvements Agreement. Condition #10: The existing out building shown on the preliminary Plat shall be removed or located on the same lot as the exiting house. This condition was met. The boundary of Lot 4 has been adjusted to include the shed. Condition #11: The following note shall be placed on the final plat: "Property owner(s) are responsible for the boulevard strip for the length of their property boundaries. Responsibilities include watering and mowing of the grass within the boulevard. Removal of grass and trees within the boulevard is prohibited unless approved by the Kalispell Department of Parks and Recreation." This condition is met. The note appears on the face of the plat. Condition #12: The following note shall be placed on the final plat: "Property owner(s) shall waive their right to protest the creation of a special improvement district for road upgrades in the area to City Standards which are impacted by the subdivision." This condition is met. The note appears on the face of the plat. Condition #13: A letter shall be obtained from the Montana Department of Transportation and stating the proposed accesses onto Three Mile Drive have been reviewed and approved and any associated and necessary improvements have been satisfactorily completed in order to serve the lots within Diamond Ridge. This condition is met. (See letter from MDOT dated 1/24/07 Condition #14: 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.. This condition is met. The road names were approved and the road signs are installed. Condition #15: Prior to filing the final plat a letter from the US Postal Service shall be included stating the Service has reviewed and approved the design and location of the mail delivery site. The mail delivery site shall be installed or bonded for prior to final plat. In addition, the mail delivery site and improvements shall also be included in the plans to be reviewed by the Public Works Department. This condition is met. (See letter from USPS 12/11/07) Condition #16: Street lighting shall be located within the subdivision and shall be shielded so that it does not intrude unnecessarily onto adjoining properties.. This condition is met. (See letter from City of Kalispell Public Works Department dated 2/2/07) Diamond Ridge Estates Condition #17: All utilities shall be installed underground. This condition is met. Utilities and the underground conduit were installed per plans approved by the Kalispell Public Works Department and the Utility Companies. Condition #18: That a minimum of two-thirds of the necessary infrastructure for the subdivision shall be completed prior to final plat submittal. This condition is met. The developer has completed 98% of the improvements and the See SIA addresses the remaining 2% providing the City of Kalispell with an Irrevocable Letter of Credit in the amount of $12,687.50. Condition #19: All areas disturbed during development of the subdivision shall be revegetated with weed free mix immediately after development. This condition is met. Hydroseeding has taken place in the boulevards and disturbed areas. Condition #20: The preliminary approval shall be valid for a period of three years from the data of approval. This condition is met. The City Council granted preliminary plat preliminary plat approval on July 3, 2006 and the preliminary approval will expire on July 3, 2009. A title reports are included with this application. A consent to plat is included from West One Bank. The Deed of Trust for Chase Manhattan is being paid off by a local bank. So we will either update the title to reflect this and/or secure the appropriate consent or pay-off document. This should be coming within a week or two. Taxes are paid in full. Should you have any questions regarding this final plat application, please contact me at 755-6481. Sincerely, `0r - -4. kA V4� Eric H. Mulcahy, AICP Sands Surveying Inc. Attachments: City of Kalispell Final Plat Application Park Land Cash In -Lieu - $28,500.00, Check #1044 Letter — Carver Engineering (12/14/07) SIA for Diamond Ridge Estates (12/10/07) Irrevocable Letter of Credit, West One Bank, for $$12,687.50 3 Letters — Kalispell Public Works Department (3/19/07) Exhibit — Drainage Easement MDEQ letter (4/6/07) Letter - Carver Engineer, Diamond Ridge Bike Path (8/16/07) Exhibit — Bike Path Easement Grant of Easement Road Maintenance Agreement (Doc#200316815310) MDOT permit (1/24/07) Letter — Kalispell Public Works Department (2/2/07) Diamond Ridge Estates rd Letter — Kalispell Fire Department (12/18/07) Letter — USPS (12/11/07) CC&R's Diamond Ridge Estates (Signed but not yet recorded) Title Report (Order Number 238564-CT; Guarantee #238564-CT) Consent to Plat, West One Bank (12/10/07) Lean Release, HD Waterworks, Ltd Tax Certification (12/14/07) Diamond Ridge Estates 5 C CARVER ENGINEERING, INC. 1995 Third Avenue East Kalispell, MT 59901 (406) 257-6202 fax 756-1093 December 14, 2007 City of Kalispell P.O. Box 1997 312 1 st Avenue East Kalispell, MT 59901 Re: Diamond Ridge Estates City of Kalispell Subdivision Improvement Agreement Carver Engineering has observed water, sewer, stormwater drainage and road construction completed to date on Diamond Ridge Estates, as described in EXHIBIT B. The work has been inspected and is in compliance with approved plans and specifications. Sincerely, CARVER ENGINEERING, INC. vyvvvvv�i TA II n Sc enck w i O No. 168 8P _/ �11III ONAL\\� Rod Schenck, P.E. Bin SANDS SURVEYING, Inc. 2 village Loop .EXHIBIT Kalispell, MT 59901 (406) 755-6481 15' DRAINAGE EASEMENT (406) —8 JOB NO 204903 (204902.DWG) NE114NE114 SEC. 11, T.28N., R.22W., P.M-M. DATE., FEBRVARY 10, 2007 FLATHEAD COUNTY, MONTANA FOR. DIAMOND RIDGE ESTATES, LLC OWNER KALISPELL BOWSER CREEK ASSOCIATES, LW SCALD' : 1 " = 60' iiiiii 60' 30, 0 60' 120' LEGEND. S 1116 Corner (as noted) \ O Set 1/2"x24" Reber & Cap (79755) 9 Found 518" Rebar & Cap (9525LS) v Found 518" Reber & Cap (25165) 60-— — — — — —— hoQ xa1.e — -- — — _ o' &' Ur��ty e �0 2 Ease�ehr 34 e�5 oa°---------- f Approx. 35 36 f --��Creek l N89*3015619 341.43' 2 I N08.48147 �- 9.58' 16221�-------- ---_ 93.25�7--- B515.07' .97�� 176.76' 76.488& 93' f 5O4.52'27'W N04 98'S7'II SB9'3O 56 "W 341.17' \ I 5.55' f POB ti DESCRIP770N: 16' UTILITY EASEMENT 15' DRAINAGE EASEMENT (Two Mile Tracts Ph. 2) a ti ti A STRIP OF LAND, SITUATED, LYING AND BEING IN TXE NORTHEAST QUARTER OF THE NORTHEAST QUARTER f OF SECTION 11, TOWNSHIP 28 NORTH, RANGE 22 WEST, P.M.,M, FLATHEAD COUNTY, MONTANA, AND MORE W 1 O PARTICULARLY DESCRIBED AS FOLLOWS TO WIT: 1 I BEGhVNLVG at the southeast corner of the Plat of Aspen Creek Subdivision Phase I (records of '21 Flathead County, Montana), which is a found iron pin; Thence along the south boundary of said plat o f S69'30'56"W 341.17 feet to the approximate centerline of a creek; Thence along said centerline the L_----- following two (2) courses: N04036'57"W 5.65 feet; NOB'4814"E 9.59 feet; Thence leaving said centerline N89'30'56'E 341.43 feet; Thence SO4'52'27"W 15.07 feet to the point of beginning and containing 0.118 ACRES,' Subject to and together with all appurtenant easements of record. SE Cor. NE114NE1Ij Found 518" Reber e #a r- City of Kalispell Public Works Department Post Office Box 1997, Kalispell, Montana 59903-1997 - Telephone (406)758-7720, Fax (406)758-7831 1WV March 19, 2007 Carver Engineering, Inc. 1995 Third Avenue East Kalispell, Montana 59901 Attention: Rod Schenck RE: Diamond Ridge Estates Kalispell, Montana Dear Rod: RECEIVED MAR 2 0 2007 Carver Engineering The construction plans and supporting documents for the referenced project are hereby approved with the following comments: Use a standard fire hydrant assembly in lieu of the Air Release Hydrant shown at Station 4+50 on Sheet W-1. In addition provide water services to Lots 2, 5, and 16 with taps at the high point in the water main. Ensure the taps are turned up to the 11 or 1 o'clock positions for these services. The City requires a 12-foot wide all weather access strip along the property line between Lot 18 and 21 from Kara Drive to Manhole 113 for maintenance access. The all weather access could be grasscrete or a similar material. The owner of Diamond Ridge Estates shall remove the existing cul-de-sac and extend the road and sidewalk from Station 11+94 westward to tie to the existing road and sidewalk at the west edge of the cul-de-sac. The valley gutter shown at the east edge of the intersection of Kara Drive and Shellan Way shall conform to Standard Drawing No. SD-16 as shown in the City of Kalispell Standards for Design and Construction. Storm water issues are to be resolved with Susie Turner, Associate Civil Engineer, prior to construction. Attached is your copy of the letter of approval sent to the Flathead City -County Health Department and the Montana Department of Environmental Quality. Approval does not relieve you, nor the contractor from designing or constructing this project in accordance with the standards currently in effect. We look forward to working with you on this project. Sin r ly, i Frank Castles, P.E. Deputy Public Works Director/Assistant City Engineer Attachments: As Stated MUNICIPAL FACILITIES EXCLUSION CHECKLIST (Formerly Master Plan Exclusion) Below please find the information required under §76-4-12, MCA, regarding a municipal facilities exclusion for this subdivision within a growth policy area or first-class or second-class municipality. Use of this checklist is only appropriate when the municipality is providing the water and sewer main service and when the municipality engineering staff is reviewing the plans and specifications prior to approval. Name of subdivision: Diamond Ridge Estates 2. Applicant: Name Diamond Ridge Estates, LLC Address 394 Three Mile Drive Engineer: Name Carver Engineering, Inc. Address 1995 Third Ave. East; Kalispell, MT 59901 4. Copy of the preliminary or final plat: Attached ® Number of parcels in the subdivision 23 5. A copy of any applicable zoning ordinances in effect: Attached ® Not applicable ❑ 6. How construction of the sewage disposal and water supply systems or extensions will be financed (method of financing) Utility extensions will be financed by the owner/developer. 7. Certification that the subdivision is: (Check one) ❑ Within a jurisdictional area that has adopted a growth policy ® Within a first-class municipality ❑ Within a second-class municipality 8. Copy of growth policy: Attached ❑ On file ® Not applicable ❑ 9. Location of the subdivision to the city or town, vicinity map attached: Yes ® No ❑ 10. Will the owner of the municipal facilities own, operate, and maintain the water supply, sewage disposal, solid waste, and storm water facilities? Yes ® No ❑ 11. All water and sewer mains or extensions as defined in §76-4-102, MCA, (a main or extension is any line that serves more than one building or living unit) will be under the control and maintenance of the certifying municipality? Yes ® No ❑ 12. Will the existing water main(s) need to be extended to serve the subdivision? Yes ® No ❑ 13. Will the existing sewer main(s) need to be extended to serve the subdivision? Yes ® No ❑ 14. Exclusion Checklist review fee ($75) included: Yes ® No ❑ 15. I certify that adequate municipal facilities for the supply of water and disposal of sewage and solid waste are available or will be provided within one (1) year after notice of certification is issued, and I certify that the governing body has reviewed and approved plans to ensure adequate storm water drainage. I further certify that I am authorized to sign this form on behalf of the governing body. Name Frank Castles, P.E. Signature l . (, Department Public Works Title Assistant City Engineer City Kalispell Zip Code 59901 Phone 758-7724 Please sign and send with the $75 review fee to: MONTANA DEPARTMENT OF ENVIRONMENTAL QUALITY SUBDIVISION REVIEW SECTION, PERMITTLNG & COMPLI.ANCE DIVISION PO Box 200901 HELENA MT 59620 Revised 12/03 City of Kalispell Public Works Department Post Office Box 1997, Kalispell, Mont ma 59903-1997 - Telephone (406)758-77-0, Fax (106)758-7931 � o March 19, 2007 Department of Environmental Quality Permitting and Compliance Division PWS/CSB 109 Cooperative Way, Suite 105 Kalispell, Montana 59901 Attention: Walter M. Lauder, P.E. Environmental Engineer Specialist RE: Diamond Ridge Estates Kalispell, Montana Dear Max, This letter is to confirm that the City of Kalispell has reviewed and approved the construction plans and specifications prepared by Carver Engineering, Inc., for the referenced project with the following comments: Use a standard fire hydrant assembly in lieu of the Air Release Hydrant shown at Station 4+50 on Sheet W-1. In addition, provide water services to Lots 2, 5, and 16 with taps at the high point in the water main. Ensure the taps are turned up to the 11 or 1 o'clock positions for these services. The City requires a 12-foot wide all weather access strip along the property line between Lot 18 and 21 from Kara Drive to Manhole 18 for maintenance access. The all weather access could be. grasscrete or a similar material which would support any service vehicles. The Kalispell water distribution system and sanitary sewer system has adequate capacity to serve the project. Please feel free to call if you have any questions. Sincerely, Frank , P.E. Deputy Public Works Director/Assistant City Engineer cc - 'Ca; ing+ding, %hc 199,5 Third Avenue East KaQspell, Montana 59901 `r E City of Kalispell Public Works Department Post Office Sox 1997, Kalispell. Montana 59903-1997 - Tcleghone (406)758-772o. Fax (406)758-7831 March 19, 2007 Dick Montgomery, P.E. Environmental Health Services Flathead City -County Health Department 1035 First Avenue West Kalispell, Mt. 59901 Re: Diamond Ridge Estates Kalispell, Montana Dear Dick, This letter is to confirm that the City of Kalispell has reviewed and approved the construction plans and specifications prepared by Carver Engineering, Inc., for the referenced project. The Kalispell water distribution system and sanitary sewer system has adequate capacity to serve the project. If you have any questions, please do not hesitate to contact this office. Sinc , ely, rank Castles, P.E. Assistant City Engineer cc: Rod Schenck, WE Carver Engineering, Inc. 1995 Third Avenue East Kalispell, Montana 59901 APR 0 9 2001 Montana Department of ENVIRONMENTALQUAUTY Carver En ria SS hwettgr, Governor P.O. Box 200901 Carver Engineering Inc Kevin J Malloy 1995 Third Ave East Kalispell MT 59901 Dear Mr Malloy: • Helena, MT 59620-0901 (406) 444-2544 www.deq.mt.gov April 6, 2007 RE: Diamond Ridge Estates Municipal Facilities Exclusion EQ#07-2634 City of Kalsipell Flathead County This is to certify that the information and fees received by the Department of Environmental Quality relating to this subdivision are in compliance with 76-4-127, MCA and ARM 17.36.602. Under 76-4-125(2)(d), MCA, this subdivision is not subject to review, and the plat can be filed with the county clerk and recorder. Plans and specifications must be submitted when extensions of municipal facilities for the supply of water or disposal of sewage are proposed {76-4-111 (3), MCA}. Construction of water or sewer extensions prior to DEQ, Public Water Supply Section's approval is prohibited, and is subject to penalty as prescribed in Title 75, Chapter 6 and Title 76, Chapter 4. This file has been given to the Public Water Supply Section for review of the extensions. Sincerely, h i1 Janet Skaarland Compliance Specialist Subdivision Section (406) 444-1801 — email jskaarlandCa)mt.gov cc: City Engineer County Sanitarian file Enforcement Division • Permitting & Compliance Division • Planning, Prevention & Assistance Division • Remediation Division City of Kalispell Public Works Department Post Office Box 1997, Kalispell, Montana 59903-1997 - Telephone (406)758-7720, Fax (406)758-7831 r February 2, 2007 Lee Hanson Carver Engineering, Inc. 1995 Third Ave. East Kalispell, MT 59901 1V' Carver Engi t,- , Ig Re: Diamond Ridge Estates- Street Lighting Layout Lee, I have reviewed the street lighting layout submitted by Carver Engineering for the Diamond Ridge Estates development. The review is based on the placement of Flathead Electric supplied and maintained 30 foot metal poles equipped with 100W HPS light fixtures. The plan is approved with one change — the light adjacent to lot 8 is to be relocated to the property line between lots 7 and 8. There is a possibility that the access to lot 8 may be located at the original location of the light. A total of five lights are required. The lights will be installed behind the curbing at the following locations: 1. South side of Kara Drive on the property line between lots 1 and 2; 2. East side of Kara Drive on the property line between lots 16 and 17; 3. West side of Kara Drive on the property line between lots 3 and 5; 4. East side of Kara Drive on the property line between lots 13 and 14; 5. North side of Kara Drive on the property line between lots 7 and 8. If you have any questions I can be reached at 758-7725. Sincerely, Frk-1eo Project Manag City of Kalispell Public Works Department Post Office Box 1997, Kalispell, Montana 59903-1997 - Telephone (406) 758-7720, Fax (406) 758-7831 December 20, 2007 Kevin Malloy Carver Engineering, Inc. 1995 Third Avenue East Kalispell, Montana 59912 Re: Diamond Ridge Subdivision Dear Kevin: R E C E I"kl�� DEC 6 , 6 2007 Carmir Eingineedng The City of Kalispell Public Works Department hereby approves the existing, completed improvements except those listed in the Subdivision Improvements Agreement, Exhibit "B" for the referenced subdivision. Approval by the City of Kalispell, for the City owned and maintained improvements, is granted based on the following: Carver Engineering's letter certifying that the improvements within the referenced subdivision have been inspected and installed in accordance with the City of Kalispell standards and the approved plans and specifications. Our video records of the sanitary sewer system. Receipt of a Subdivision Improvements Agreement which contains the total estimated construction costs plus 25% for the remaining subdivision improvements. The Subdivision Improvements Agreement, Exhibit B, is certified by Rod Schenck, P.E., as being an accurate accounting of anticipated costs for the remaining improvements. The two-year warranty period for the City owned and maintained improvements will commence upon completion of all of the required improvements. The security for the SIA will not be released until the City has been provided with a bond in the amount of 20% of the value of the improvements. This Department still has concerns with the functionality of the storm water conveyance system at the intersection of Kara Drive and Shellan Way. Specifically, we are concerned about the possibility that storm water may leave the gutter flow line and travel across the intersection along the cold asphalt joint (eroding the joint) to the catch basin north of the intersection. This can result in premature failure of the asphalt pavement. Acceptance of the SIA is granted with the understanding that the intersection of Kara Drive and Shellan Way will be flow tested during better weather in the spring of 2008 to ensure the water is contained within the gutter flow line to the inlet in that gutter. If the water is not contained within the gutter, then further methods must be taken to ensure that the water is contained within the gutter. At that time, the City will provide water via the fire hydrant south of the intersection on Beville Court. If you have any questions, do not hesitate to call this office. Sincerely, rk r� Y Construction Manager Cc: Alan Reibe, 394 Three Mile Drive, Kalispell, Montana 59901 Kalispell Planning Dept. C Carver Engineering, Inc. Subject:. Diamond Ridge'Bike Path Today a meeting was.held on: the subject project site to discuss the construction of a bike path across Bill and Cindy Riebe's property, labeled "Not A Part`' on the Diamond Ridge Preliminary Plat. This letter will serve to documentthe discussion of"this meeting. In. attendance, was Allen Riebe, his daughter-in-law, Cindy Riebe, Charlie .Johnson and Mark Crowley with the City of Kalispell Public.' Works Department and Kevin Malloy with Carver Engineering. The bike path alignment was examined by the _group. Allen and Cindy Riebe proposed moving the bike path out into the 3-Mile Drive ROW, however, the City opposedthis idea due to the possibility of 3-Mile Drive being re -built in" the future and thus this piece of the bike path would serve as an obstacle and expense to the, taxpayers when 3=Mile. Drive is re -built. The other option given by the City was to route the bike path to the south and around the "Not A Part" property: This was also discussed by the group and it was determined that this option would cost Allen Riebe quite a bit more and with this option, the "Not a Part" property would. now be surrounded by the bike path on three sides versus just the front.' Reluctantly, Cindy Riebe finally accepted that the bikepath needed 'to be constructed as planned and agreed to allow construction of this bike path to proceed. Given this, the following details were discussed and agreed upon by the City and the Riebe's: • The existing hedges can remain, where possible. The existing pixie tree at the east property edge will need to be trimmed to allow for construction of the 10' wide bike path. • The existing asphalt (driveway), where it intersects the proposed bike path, can be used, as=is, provided,that a white painted line is applied along the path's southern edge, defining the. edge of bike path / private property. • The additional 10' berm / landscape easement, to the south of the 10' bike. path easement, as shown on the Diamond Ridge Preliminary Plat, will not be required by the City on this "Not a Part" property. Carver Engineering will. direct Sands Surveying to remove this easement from the Plat. The 10'. berm / landscape easement will remain on Lots 20 & 23. Sincerely, CARVER ENGINEERING, INC. fev, Kevin J. Malloy CC: Eric Mulcahy, Sands Surveying Tom Jentz, City of Kalispell Planning Department co m �r ra u0 u- N co 0 v z Bp SIAMW SURVBYM. lac. 2 Flllage Loop lial SP64 mr 6980! (406) 766-8481 JOB NO.- RMW4 (604902 DA'G) DAM. SRPINUM 20, 2007 "R/ollmm W4ML M L& CMY Y. ROM g 1 1 DESCRIPTION: B=/PEDESTRIAN EAMENT 11 T 12 i f } i LEGEND. I / IS Section corner -Found AMOH Alum. Cap (4740S) 1 Found 1/2" Reber & Cap (79765) A STRIP OF LAND, SrrUATED. LYING AND BEING IN THE NORTHWEST QUARTER OF TEM NORTHWEST QUARTER OF SECTI0N 12, T0WNSFBP 28 NORTH, RANGE 22 REST, P.M.,M., FIATH6AD COUNTY, MONTANA. AND MORE PARTICULARLY DESCREM AS I"OLLOAS TO RAT: The northerly 10 feet of Tract 2 of Certificate of Survey No. 17989 (records of Flathead County, Montana) and containing 0.058 ACRES as shown on hereon. EXHIBIT BIKE PATH EASEMENT TRACT 2 C.O. & 17969 NW114NW114 SEC. 12, T. 28N., R.22W , P.M. , M. FLATHEAD COUNTY, MONTANA .9uto : 1 " m 60' 60p 86 0 6Q. F------------ - — — — — — — — — — f f f t f f� f � � i (LOT 23) f ' f l f t f f � f f J 1l89'68%!4$l6B.08�---- ----'' 10' mkoll'edestrian Sasomeat j O.088 AC. f �r &� f ~ aOT 20) TRACT 8 0.8ff AC. (COS 17"19) f ILL. x r---------------- f R1DGls 1 (Lor 21) I f (LOT 10) MATAs) J TH S GRANT OF EASEN014TMOAD MAi k MANCF AGREEMENT made this 12th day of June, 2WX by end between L POWE[L CLWWN and GCRTR1JD F- CUNI'ON, who acquired title as Guoudr E. Clinton, of 334 Three Melt Dr. (P.O. Sox 703). Kalispell. MT 599M, fie eiriattr r tefettW To as "(1.INT10N', and ALLEN W. RtEgf, and VUtCX" L. RWUaF- atf 394'1Ltaoe Mile Dr., KAH4pM. MT 59901, hrtsinafter redhead to as "RIEIiC'. 1 ItLQrALS t(\ CUN ON is the owner of the reed property partieulady dmdbed in' ! xhitait A" attached *0 by reference remade a pate of this agreement. hereinafter referred to as the'"intoo Property" 'file west boundary of the Clinton Property in common vwith the cast boundary of the "Rkbe Property"- Q�. The t_'tintaw Property will coaarsht Ever (4) sank family ttaitientW Lots of approrciacaarsly 2+ acres each, to be in the platted Wyndo-.vr Bill Subdivision and the remainder comprised of one, (1) lot of approximately 5-1/2 acres, the present tesidwoe of (UN11a; and CUNT N S businm' Valley view Nursery. AND RiFBE is the owner of teal property is Flathead County. Montasta, particularly described in (vr} "Exhibit B" attached and by re t we trade a pert of ibis agreetta n4 herein referred to as "Riebc Propcny The cast bowmdaty of the Rlebe property is to oornmon with fhe west bouWaay of the + Clinton Propert), The Riebe Pnype rq, a[ this time is a single wwt of land on which is sittaaswai a single family residence and outbuildings- RMBE hats no p►esat mi a don to subdivide their paopa W. RIEBE wisbes to have additional ac w to and from Chas pubic road, Tbret Mlle Dram in the event they suiydividc aid ticvelop the Riebe Property for asddistoas mudeaocs. Time parties desire to etsWAsh an easaanaent for a private road to serve in common for ia*ress curd epm w and from the public 7bwc We hive to the Poor lots tat Wy odover Lull Subdivistrnt and to the rernainder trail, and to lots which may be mated by subdivision of the Riebe i't�- NOW THF11 YORE, in eonsicicraetion of the ntaatftatl covenants, agreements and coodidnr s contained herein, IT Is AGREigD. 1. .RAND' BY CLINTbN_ CLINTON grants anal eon-mys to RMBE, the survivor;, tlw swvlvrr's kppd reWsentatives and asas m a pertmmt esseanea t for the boamstnrCtiorm, r ntimermoc and repair of a private mad ay for ingress anal egtm to a W & m the public Thee Mile (hive ova, atx m Wd upon a snip of land 30 feet in width. peertaculardy described as follows: Bcgiraning at a punt on this Sotuherfy bouWary of the public road, Three Milk [rive, and the Nortbwkat coaster of the Clinton Property 6eatCiibod in "Exhibit A", theatre South 44316" West a distance of 394.77 ferfi thence North &5°10'24'Wen a distance of 30 foes to a paint an the ca rarnon boundary betuftot the Clinton and Ricbc properties; thence Aiaarth W49'36" East upon the coftunon botsodary 394,77 fecr, more or leszs to a point on $ere Southaaty bourtdaary of Three Mile Drivr, dieoaxe South 99'53'02" East on the %oath boundary of Three We lvivc a diatincce of 30 feet er less to die paint of beginning, which 30 foot stripy of land shot] be the East 30 feet of the camsranon aft. 2. G AbMJjLRWALRMSE alone hereby grans, c m-ey, bargain and sell to CLINTON, the survivor, dw survivor's heirs aid bfptf rcprescuisinvm and assigns a penttaneol easement for the amstructioti, maiateowe and repair of a prmatc roadway for ingms and r,,greu to and front the pubiier Three Mile Drivc over. across atayd upon a strip of rand 30 fact in width. particutarLy described as followsa 20o31c.8 )'5,3) 7 Bepnning at a point on the Southerly boundary of tht pull s: mad'IW= bfilc Drive, and the Northeast comer of the Riebe thcnm South 891,53.Or West a1oing the Southaly boundary oE'llm Mile Drive a distance of 30 fete dualce South 4°49'36' west a distance of 394.77 fear; thence North 8 3'07' ftm it distance of 30 fee4 morn or less to the fi n boundary of etc Rube Property; dtence North 4°49'36' East along the com = boundary of tlna ('hmon and Riebe properties to a point on the Southerly bmndwv of Thm 113i1e Drive, the point of bBOn8in8, which 34 foot mdp of land shall be din west 30 finet of the common easement 3, dam= The em emmi s Y;ranted herein shall be appwwnnnt to the Cliamm NV MTY and the Rwm Fltopm 4. �.:i11rfSTlaCKMON; Itte mad "be wumucted to conform to Ow standards and ctditioos knpo nil by FUdicad County and other apprupriake govcmW9 it autbmity and as substantially describe d bof Wyndover Hill Subdivision. The coat of oonstructim %ball be shaved equally betwoeo and RICBE. (a) CIANTOK at their sole eeperwe %ball maintain: repair and service the roadway until the roof is used far ingress and egrrss to and fiom the Riebo lots established on the Rube RMBE may use tits roadway for oocasional or anmVeney use to acme* the Paopesty prior to any Subdivision. (b) In the event RIEBE recasts r esidcnud late on the Riebe Property and desires to ttsc the roadway for ingtssa and egress m the lots, RISE shall pay a proportionate sbarc of tits cost of main*Tm ce, repair and wrviausg the roadway. (c) Mainteamn a face shall be sbamd between t:UN'I'OI4=d DBE bttaod m the number of left uwhich use ere maid for ingreas and egmm For example, dwe (3) RERE hots served byy die roadway', five (S) Cl.INI ON bts smed by the roadway; RICE'S share of expenses 37.S%; CLINTON'S share 62.5%- 6. EMN)RUMIENT: if tatter C.Ih'i1DN or R"E, or times sexegsom after writ= derna ml. fails to pay dear share of the expense, action may be brought apaiavt the defaulting ply in a court of competent juriadiclion by the oilier pony for the anwwn of the share of tltt: expense, court coats aid a reasonable fee for atmrneys of dw invading pmV- 7. albs agreement shall be deerned and is imended to run with the land and to be a burden upon slid property, and shall be binding upon etc nadrtsigried, their rtgxcovr: survivor, the survivor's hears, persarial representativim wceess m and aasips. Subsoquent tra mferaes of the property, and any part the r ,, shalt be doomed by the somptsnce of tthice delivery of the tired or coaveyarnac to have com owd to and become bound by the tkruas of etas agre"Mot. IN Wtl'%M WHERWIF, the panics have heteumn set their barters this 120b day of lone, 2003. ri L, i►oaill Chin" Gwmd K Climn .4 1 .� - - E�� 11'4 It .l�ZME 1!• c 0031.68) 6.3t0 STATE OF MONTANA ) AL County of Flathead ) On this 12th day of June, 2003, before me, the a Notary Public for the Stare of aforesaid, l a0y appeared ALIEN W. RIEBE and VIIt�L. RIEBE, Irnoown to me to he - die permw whose ttsrtto are subscribed to the foregoing instrument, and acknowledged to me that they executed the Samoa IN W rNFA WHEREOF, I have hereunto set my band and affixed my Notary Seal, the day and year in this certificate last above written, Charles L Hash Notary Public foie the State. of Montana Rmidiog at ICalispeli,Montana My Conunissioo expires OCL 14, 2W6 STATE OF MONTANA ) sa. County of Fhathead ) On this —.,.e-- day of hate, 2003. befba me, the undersigned. a Notary Public for the State of afomsaid, personally appeamd L. POWELL CLINTON and GBRTRUD E. CLINTON, known to me to he the person whose name is subscribed to the foregoing instn anent, and acknowledged to me Brat they execoled fhe Sartre. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notary Seal, the day and year in this caffcatx last above written. Printed ewrtF. 4. 6�.ysF,/ Not" Public for the State of Montana Residing at My Commission er / '�sc tr__ 6 XYB 200316816510 '1iteNtntitwcslQuafflcroflhcNmthuvesf(�uat1cr(NlV!SNRt'l.,nfStcliunl2, I'uwnship28Not(it,Range22 West, m-P.M., Flathead County, Montana, EXCEPIING 11WIC.LF ROM ail that lxrtliun of the Northwest (2utulci of lite N.uithwesf Qo;kklcr(NW Y.NW,'.4 of said Section 12, described as follows: lietporling at the Southeast corner ofsaid Northwest Quarleroflhe Northwest Quarter, thencc West and along the South litre of said Northwest Qttirlci of the Nortliweat Qnarter, a distance of 347.00 feet to a point; thence Notili 4'09'33" bast, a distance of 1310.29 feel, mote m less, to a point on the North boundary title of said Section 12; thence Inoue &9"40' East, and along said Section lime a distance of 330 feet, more or less, to the Noi llicast corner of s,'tid Notiltwe t t�tmrtcroftlu Northwest Quarua; fhcrn:r Smith and aluug Cite Last boundary of said Northwest Quarter of the Northwest Quarter to the Point, of Beginning. AI SO EXCEPTING a Intel of hail io 11w Northwest Quat Ier of flu: Not fliwo l Quarlcr of"Seelion 12, To-wiship 28 North, Range 22 West, P.M-M., hlallicad County, Monlatta, particular ly describcd as (idlows: f 'otatucti:itag to file SOrrtltea5t corner of the Nutibwcsa Qoaxlcr of floc Nnrthwesl l,2onrlu; thence West along the South line of said Northwest Quailvi- of the Northwest Qtlarlcr, n distance of 347 feet Io Iltr 'I'[ Ile 1'oint of Beginning of (tic tract of laud described; tholee North 4'09'33" Bast, a distance of 435.96 feet Ina lxoifil; thence West a distance of 100.00 feet to a point; thence Sixth 4'09'33" West a distance of 435,96 sect, motc or It ys, Ina lxtint on the South tine of flee Noohaest Quarter of the Northwest Quartet; theme fsast and along the South line of said Northwest Quarlcr of the Northwest Quarlcr, it distance of 100 feet, more or less, to the Point of Beginning. ALSO l,XCEPT NG a tract ofland in the Nonhwcst Quarter of tlw Noitltwest Quarter OC$ectinu 12, "Rowaship 28 North_ Range 22 West, P_M_N1., Flathead (=ounly, Montana, described as follows• I beginning al a point oil the Southerly boundary of tite Comity !load known as "Three Mile Drive", which is 450 feet I?nsterly of the West lxtmtdaty of said Northwest Qunrler of Ihe Nortlewcst Qum let when rnrasurcd :long lite $nullrerly boundary of said C'ounly Road; lheacc Routllerly and parallel wills lite Westerly hotuulary ul x:rid Nmlhwcsl Qoailci of the Northwest Quartet-, 1225 feet, more of less, to the Southerly hntlaflnry ol'said Northwest Qu:ater of the Northwest Quarlcr thence Wesletly along the Southerly botrudary of said Not thwest Quarter of Ihe Northwest QLlimer, 450 feet, utoi c or less, In the Westerly boundary of said NQrIhWCSI Quarter of Ihe Northwest Quarto, thcncc Northerly along the Westerly boundary of said Not tlwcst Qoarier of the Noi iwcst Quarter, 1225 (eel, more or less, to its intersection wilIt the Southerly line ofThrec Mile Diivc; lheace idong the Southerly time of three Mile Drive, n distance of 450 feet kt Ilic Point of Begilnting. A LSO GXChPftNG thatportion lying within'Iltrce Alile Drive, it C'oouty Roal1. 200316816 3 r a EXHIBIT i'B" A tract of land in the NW 19 NW114 of Section 12, Township 28 North, Range 22 West, M.P.M., Fkdread Comy, Montana, patticulady described as fallows: Beginningg at a point on the Southerly boundary of the County Road known as —nixie Mile Drive" Which is feet Easterly of the West boundary of said NW U4 NW U4 when measured along the Southerly boundary of said County Road; and which point is the Northeast corner of that certain tract conveyed to Uonasd E. Rie to and Lida B. Riebe in deed recorded in Book 434. pale 763; tltenee Southerly and parallel with the Westerly boundary of said NW114 NW 114,1225 feet, nme or less, to the Southerly boundary of said NW 114 WIN tht m Easterly along the Southerly boundary of said NWU41�1W1/ ,150 feet thence Northerly and parallel with the Westerly boundary of said NW114 NW 114,1225 feet, more or less, to the Southerly boundary of the County Road; thence Westerly slang the Southerly boundary of the County Road 150 feet to the place of beginning. bT W W MLt"tUM 4"JTV OF RATW4W so AEGOIiDli� IN TW AL�i/�W OiftAT O COWTV, SrATFO Aldr�ftAA Ar ON OEW45r Of , Wnmj4 QS I�cC1�BiJP � DGttmair s, ZOOa3�li 1 l n KALISPELL 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 lrevention 40 (406) 758-7760 Tim Soule —Training Chief 406 FAX: () 758-7952 www.kalispell.com December 18, 2007 Carver Engineering, Inc. Attn: Kevin Malloy 1995 3`d Ave E Kalispell, MT 59901 Re: Diamond Ridge Estates Subdivision Dear Mr. Malloy, In response to your request for approval of the above -referenced project, our department approves final plat for Diamond Ridge Estates Subdivision, with the following information and conditions: ❑ Fire hydrant locations, fire flows, and fire department access are approved by this department. Please contact me if you have any questions. Sincerely, "VML4C-�-- F. Ray Ruffatto Deputy Fire Marshal cc: Tom Jenlz, Kalispell Planning Office Craig Kerzman, Building Official "Assisting our community in reducing, preventing, and mitigating emergencies. " Montana De artrrrent of Transportation 'i , Lynch, Drr ; ctor serving yn with pHde Brian Schweitzer, Governor Kalispell Area Office 85 Fifth Avenue East North PO Box 7308 Kalispell, MT 59904-0308 January 24, 2007 Leigh Hanson Carver Engineering, Inc. 1995 Third Ave East Kalispell, MT 59901 Subject: Diamond Ridge Estates — Three Mile Drive Leigh, thanks for contacting the Montana Department of Transportation (MDT) regarding the proposed 23-lot subdivision. The proposed subdivision is located along the south side of Three Mile Drive (Secondary 157) at the intersection with Stillwater Road. The subdivision will access Three Mile Drive via an existing joint use approach which is designated Bowser Creek Court and located directly south of Stillwater Road. The MDT currently has a joint use approach permit on file for this access. As this is a change in use, the owners will need to contact the MDT Kalispell Office and complete a new Joint Use Driveway Approach Application & Permit; and an Environmental check list. The MDT has no additional concerns regarding the access to Three Mile Drive for the subject subdivision. Clay Colby is the contact person for issuing a new approach permit. He can be contacted at (406) 751-2000. Sincerely, James M. Freyholtz, P.E. Kalispell Area Traffic Engineer copies: File Clay Colby, Kalispell Area Maintenance Superintendent Phone: (406) 751-2000 An Ega,.ial Opportunity Employer TTY: (800) 335-7592 Fax: (406) 752-5767 Web Page: www.mdt.mt.gov Addendum for Allen Riebe & Bowser Creek Estates Approach: S 424 MP 0.0 08/27/07 The Diamond Ridge subdivision has requested to access their development via this approach adding 210 trips per day. This proposal has been reviewed and approved by the Kalispell MDT office. Total trips per day will increase to 640. CLC/cic S424-0.0 UNITEDSTATES 92 POSTAL SERVICE December 11, 2007 TO: Carver Enginering/Flathead Planning Board SUBJECT: Housing Subdivision at Diamond Ridge Estates The Mail box deliver has been approved through the Kalispell Main Post Office for the Subdivision of Diamond Ridge Estates. The Pad has already been placed and Approved by the Carrier Supervisor. The Developer will provide the appropriate boxes for delivery. If you have any qua ions please contact me at the Kalispell Main Of17ae (406) 755-6450. 0 lChad Taylor Ass. Growth Manangment Coordinator 475 LTNFANT PLAZA SW WASHiNQTON DC 2026D-4210 (202)259-4556 FAx: (202) 268-=7 City of Kalispell Planning Department 17 - 2°d Street East, Suite 211, Kalispell, Montana 59901 Telephone: (406) 751-1850 Fax: (406) 751-1858 Website: www1alispell/planning.com MEMORANDUM To: Deb Deist, City Treasurer From: Michelle Anderson, Planning Office Date: January 4, 2008 Subject: Diamond Ridge Estates Cash -in -Lieu of Parkland Attached is a check in the amount of $28,500.00 for cash -in -lieu of parks for the Diamond Ridge Estates Final Plat. DIAMOND RIDGE ESTATES LLC 394 THREE MILE DR PH. 406-752-9010 KAUSPEU— MT 59901 Pa ytotie Order of — P.O. BOX 7758 KAUSPELL, MT 59904 av prig arEsran�aondc 406.7WQ781 ............................................ ....................... .. s For 1052 93-543/929 City of Kalispell Planning Department 17 - 2°d Street East, Suite 211, Kalispell, Montana 59901 Telephone: (406) 751-1850 Fax: (406) 751-1858 Website: www.kaBspeU/planning.com MEMORANDUM To: Deb Deist, City Treasurer From: -Michelle Anderson, Planning -Office Date: January 15, 2008 Subject: Diamond Ridge Estates Cash -in -Lieu of Parkland Attached is an additional check in the amount of $11,400.00 for cash -in -lieu of parks for the Diamond Ridge Estates Final Plat. This amount added to the original check of $281500.00 represents the full cash -in -lieu payment in the amount of $39,900.00 for this final plat. If you have any questions contact our planner Nicole Johnson. DIAMOND RIDGE ESTATES LLC 1054 394 THREE MILE DR PH. 406-752-9010 93-543/929 KALISPELL., MT 59MI :> ! oars ,;OL Loan #1471133263 CHASE _i Chase Home Finance LLC 3415 Vision Drive Columbus, OH 43219-6009 1-800-848-9136 Customer Care 1-800-582-0542 TDD/Text Telephone December 18, 2007 William L. Riebe and Cindy M. Riebe 386 THREE MILE DR KALISPELL, MT 59901-0000 RE: Loan Number 1471133263 Property Address: 386 THREE MILE DR KALISPELL, MT 59901-0000 Dear William L. Riebe and Cindy M. Riebe: This letter is to acknowledge that Chase Home Finance (Chase) has received the funds to pay off your mortgage loan referenced above. Chase will forward an original executed release of lien for recording to the recorder's office in the county where the property is located. Until the release is processed, this letter will serve as proof that Chase has received the payoff.funds. Within 30 days from receiving the payoff funds, Chase will forward any funds'we receive in excess of the payoff amount and any remaining escrow funds to you. Unless notified of an address change, Chase will send the overpayment or escrow refund you are entitled to as a result of this payoff and your 1098 year end interest statement to the mailing address used for sending this letter. To prevent a delay, please inform us of any change in your mailing address. You may contact the county or town recorder's office for information about the time to process the lien release and how to obtain a recorded copy. If Chase collected escrow funds for paying your mortgage taxes or insurance, you are now responsible for the payment of these items. Please contact your homeowner's insurance agent and your taxing authority to advise them of the address to forward future bills and correspondence. If your mortgage payment also included an optional insurance product, this coverage was canceled when your loan was paid off. If you refinanced your loan through Chase, please contact Custcmer Care at 1-800-848-9136 if you want to continue this coverage. Chase's goal is to provide the highest level of quality service. If you have questions or want to change your mailing address, please contact Customer Care at 1-800-848-9136 to speak with a Customer Care Professional. We appreciate the opportunity to have serviced your mortgage loan and hope that you will contact Chase for your future financial needs. Sincerely, Reconveyance Services Chase Home Finance PO1 Reconveyance Services for Alaska, Nevada and California are provided by J.P.Morgan Chase Custody Services, Inc. 12/10/2007 10:57 FAX 406 758 5519 FLTH CNTY PLATROON a 001 Plat Room Flathead County, Montana 800 S. Main St. Kalispell, MT 59901 (406) 758-5510 This Form is for Subdivisions Only BY: SANDS SURVEYING FOR: WEBSTER,RIESE DATE: 8/1/2007 1 DESCP : DIAMOND RIDGE ESTATES PURPOSE: pLAT jjoj 7_ (TR 3ABB, 3AC, 3ACA, 3AB, 3AD IN 12-28-22) YEARS ASSESSOR # 2003 THRU 2006 d 2DO5 & 20064 =-?Q Q hers assigi each 1 •' 1 1 •:11 ! • 1 111• no outstanding taxes on the property listed above the years indicated for Iry Deputy Treas r (seal) DEC 14 2007 DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS OF DIAMOND RIDGE ESTATES ARTICLE I. DECLARATION - PURPOSES Section 1.1 Property: The property which is subject to this Declaration of Covenants, Conditions and Restrictions of DIAMOND RIDGE ESTATES (this "Declaration") is described as follows: DIAMOND RIDGE ESTATES, according to the map or plat thereof on file and of record in the office of the Clerk and Recorder of Flathead County, Montana. This property is owned by DIAMOND RIDGE ESTATES, LLC (the "Declarant"). Section 1.2 General Purposes: The purpose of this Declaration is to insure the best use of the property and the most appropriate development and improvement of each Lot within the property; to protect the Owners against such improper use of surrounding Lots as will depreciate the value of their Lot; to preserve so far as is practicable the natural beauty of the property; to prevent the construction of inappropriate structures; to insure the highest and best development of the property; to encourage and secure the building of attractive homes thereon with appropriate locations; to secure and maintain adequate setbacks and adequate free space between structures; and in general to provide adequately for a high quality of improvements on the property and thereby to enhance the values of improvements made by Owners. Section 1.3 Declaration: To further the general purposes herein expressed, DIAMOND RIDGE ESTATES (the "Declarant") for itself and its successors and assigns, hereby declares that the real property described in Section 1.1, above, and all property added to this Declaration by the Declarant, shall at all times be owned, held, used and occupied subject to the provisions contained in this Declaration and to the covenants, conditions and restrictions contained herein. ARTICLE II. DEFINITIONS Section 2.1 Articles of Incorporation: Articles of Incorporation shall mean the Articles of Incorporation of DIAMOND RIDGE ESTATES HOME OWNERS ASSOCIATION, INC., as the same may be amended from time to time. Section 2.2 Bylaws: Bylaws shall mean the Bylaws of DIAMOND RIDGE ESTATES HOME OWNERS ASSOCIATION, INC. and the same may be amended from time to time. Section 2.3 Common Expenses: Common Expenses means (i) premiums for the liability insurance carried by the Homeowners Association; (ii) all expenses incurred by the Homeowners Association in administering and managing the Homeowners Association; (iii) all expenses incurred by the Homeowners Association in any other activities undertaken for the common benefit of all or some of the Owners; and (iv) all expenses lawfully determined to be Common Expenses by the Board of Directors of the Homeowners Association, as provided in the Articles and Bylaws. Page 1 Section 2.4 Declarant: Declarant shall mean DIAMOND RIDGE ESTATES, LLC. Declarant may assign some or all of its rights under this Declaration to a third party by a written instrument specifically referring to such rights recorded in the records of Flathead County, Montana. Such instrument may specify the extent and portion of the rights or interests as a Declarant which are being assigned, in which case the initial Declarant shall retain all other rights as Declarant. Section 2.5 Declaration: Declaration shall mean this Declaration of Covenants, Conditions and Restrictions of DIAMOND RIDGE ESTATES HOME OWNERS ASSOCIATION, INC., as it may be amended from time to time. Section 2.6 First Mortgage: First Mortgage means any mortgage, deed of trust, trust indenture, contract for deed, or other similar financial encumbrance granted by an Owner to secure a debt, which is recorded in the office of the Clerk and Recorder of Flathead County, Montana, which encumbers a Lot, and which is first in priority among all such mortgages, deeds of trust, trust indentures or other similar financial encumbrances. There can only be one First Mortgage with respect to a Lot. Section 2.7 Homeowners Association: Homeowners Association shall mean DIAMOND RIDGE ESTATES HOME OWNERS ASSOCIATION, INC., and its successors and assigns. Section 2.8 Lot: Lot shall mean each parcel within the property described in Section 1.1, above, which is designated as a Lot on a plat of the property, including any such parcel owned by Declarant. The boundaries and acreage of each Lot are delineated on a plat, and each Lot is identified by the number noted on the plat. The roads shown on any plat are not considered Lots. Any parcel of property owned, held or used by the Homeowners Association or owned, held or used in common by the Owners shall not be considered a Lot. Section 2.9 Owner: Owner shall mean the person or persons, entity or entities who own of record, according to the real property records of Flathead County, Montana, fee simple title to a Lot, except that a person purchasing a Lot under a contract for deed which is recorded (or an abstract of which is recorded) in the records of Flathead County, Montana, shall be considered the Owner of the Lot. The term "Owner" shall include Declarant to the extent it is the owner of fee simple title to a Lot. Section 2.10 Period of Declarant's Control: Period of Declarant's Control shall mean the period beginning on the date this Declaration is first recorded in the office of the Clerk and Recorder of Flathead County, Montana, and ending on the earlier of: (a) the date which is 20 years later, or (b) the date on which the Declarant has sold seventy five percent (75%) of the Lots within DIAMOND RIDGE ESTATES and the Declarant has notified the Homeowners Association in writing that Declarant has determined that no additional property shall be added to DIAMOND RIDGE ESTATES. The Period of Declarant Control may be reinstated or extended by agreement between Declarant and the Homeowners Association upon such terms and conditions as the parties may agree. After the termination of the Period of Declarant Control, Declarant, if still an Owner, will continue to have all the rights and duties ordinarily given to Owners under this Declaration. Section 2.11 Diamond Ridge Estates: DIAMOND RIDGE ESTATES shall mean all of the real property located in Flathead County, Montana, described in Section 1.1, above, as well as all real property which in the past is or in the future becomes part of the DIAMOND RIDGE ESTATES. Additional real property within Flathead County, Montana, may Page 2 become part of DIAMOND RIDGE ESTATES in the future, as provided in Article IX, below, and in such event shall be deemed to be within DIAMOND RIDGE ESTATES and subject to all of the provisions contained in this Declaration. ARTICLE III. HOMEOWNERS ASSOCIATION Section 3.1 Homeowners Association: The Homeowners Association shall act as a homeowners association for DIAMOND RIDGE ESTATES. Section 3.2 Powers: The Homeowners Association shall have all such powers as permitted by the laws of the State of Montana, provided that the Homeowners Association shall be subject to and abide by the provisions of this Declaration, as the same may be amended from time to time. Section 3.3 Membership: All Owners of the Lots within DIAMOND RIDGE ESTATES shall be members of Homeowners Association. The Owners of any Lot shall automatically become members of the Homeowners Association and shall remain a member until such time as the ownership of such Lot ceases for any reason, at which time the corresponding membership in the Homeowners Association shall automatically cease. Section 3.4 Owners' Address: Upon acquiring a Lot, the Owners of the Lot shall immediately inform the Homeowners Association of their names and of one address to which notices from the Homeowners Association should be sent. The Owners shall be responsible for informing the Homeowners Association of any change of address. Section 3.5 Voting: There shall be one vote for each Lot. If a person or entity owns more than one Lot, that person or entity shall have as many votes as the number of Lots owned by that person or entity. If more than one person or entity has an ownership interest in a single Lot, such persons or entities must decide among themselves how the vote for that Lot shall be cast. Section 3.6 Management During Period of Declarant Control: During the Period of Declarant Control, Declarant may appoint, remove and replace from time to time any or all of the directors and officers of the Homeowners Association. If Declarant so elects, Declarant may from time to time relinquish, either on a temporary or permanent basis, the right to appoint all or a portion of the directors and officers of the Homeowners Association; provided that any such relinquishment shall be expressed in writing to the Homeowners Association. ARTICLE IV. ASSESSMENTS Section 4.1 Assessments: Each Owner of any Lot, by acceptance of the deed to a Lot, whether or not it shall be so expressed in such deed, is deemed to covenant and agree, to pay to the Homeowners Association assessments for Common Expenses as provided herein, including Annual Assessments, Special Assessments and Default Assessments (collectively "Assessments"). The Assessments shall be used exclusively to promote the recreation, health, safety, and general welfare of the Owners and occupants of DIAMOND RIDGE ESTATES. Section 4.2 Annual Assessment: (a) The Board of Directors may levy upon and subsequently collect from each Owner an Annual Assessment for each Lot. The Annual Assessment shall reflect the Board's estimate of the requirements of the Homeowners Page 3 Association to cover items including, without limitation, expenses of management, premiums for insurance coverage as deemed desirable or necessary by the Homeowners Association, legal accounting fees, management fees, expenses and liabilities incurred by the Homeowners Association under or by reason of this Declaration and payment of any deficit remaining from a previous Assessment period. (b) The Annual Assessment shall be equal for each Lot, unless the Board of Directors determines in good faith that a portion of the Annual Assessment benefits fewer than all the lots, in which case such portion shall be assessed only against the benefitted Lots. (c) The initial Annual Assessment shall be in the sum of $25.00 per year and shall be payable at the time of the purchase of a lot and shall be prorated accordingly. (d) Payment of the Annual Assessment shall be due and payable annually on January lst of each year or in installments or otherwise, as the Board of Directors may provide. (e) For Lots that are sold by Declarant during a year, the Annual Assessment shall be prorated and paid by the purchaser at closing. Section 4.3 Special Assessment: (a) The Board of Directors of the Homeowners Association may, from time to time, levy upon and subsequently collect from each Owner a Special Assessment for each Lot. (b) Any Special Assessment shall be equal for each Lot, unless the Board of Directors of the Homeowners Association determines in good faith that all or a portion of the Special Assessment benefits fewer than all the Lots, in which case all or such portion shall be assessed only against the benefitted Lots. (c) Payment of the Special Assessment shall be due and payable as the Board of Directors may provide. Section 4.4 Default Assessment: (a) Any cost or expense (including attorneys fees) incurred by the Homeowners Association as a result of the failure of an Owner to abide by the provisions of this Declaration, or any expense of the Homeowners Association which is the obligation of an Owner or which is incurred by the Homeowners Association on behalf of the Owner pursuant to this Declaration, or any interest, late charge or other monetary obligation of an Owner under this Declaration. (b) Default Assessments are levied against the Lot or Lots of an Owner who incurs a Default Assessment. (c) Default Assessments shall be immediately due and payable by the Owner, upon notice if -from the Homeowners Association of the amount of the Default Assessment. Section 4.5 Remedies for Nonpayment of Assessment: Any installment of an Assessment which is not paid within thirty (30) days after its due date will be delinquent. In the event of such delinquency, the Homeowners Association may take any or all of the following actions: (a) Assess a late charge for each delinquency at uniform rates set by the Board of Directors from time to time with a minimum of late charge; Page 4 (b) Charge interest if from the date of delinquency at uniform rates set by the Board of Directors from time to time; (c) Suspend the voting rights of the Owner during any period of delinquency; (d) Accelerate all remaining Assessment installments for the fiscal year in question so that unpaid Assessments for the remainder of the fiscal year will be due and payable at once; (e) Bring an action against any Owner personally obligated to pay the delinquent Assessment charges; (f) File a statement of lien with respect to the Lot and foreclose as set forth in more detail below. The remedies provided under this Declaration are not exclusive, and the Homeowners Association may enforce any other remedies to collect delinquent Assessments as may be provided by law. Section 4.5 Assessment Lien: Any Assessment chargeable to a Lot will constitute alien on the Lot, effective the due date of the Assessment. If the Assessment is not paid within thirty (30) days of its due date, the Homeowners Association may prepare and record a written lien statement with respect to the Lot, setting forth the name of the Owner, the legal description of the Lot, the name of the Homeowners Association, and the delinquent Assessments amounts then owing. Any such statement will be signed by an officer or director of the Homeowners Association, and will be served upon the Owner of the Lot by mail to the address that the Homeowners Association has in its records for the Owner. Thirty days following the mailing of such notice to the Owner, the Homeowners Association may proceed to foreclose the statement of lien in the same manner as provided for the foreclosure of mortgages under the statutes of the State of Montana. The Homeowners Association will have the power to bid on a Lot at foreclosure sale and to acquire, hold, lease, mortgage and convey the Lot. Section 4.6 Liability for Assessment: All Owners of a Lot are personally responsible, jointly and severally, for all Assessments which become due at the time of their ownership, including interest, late charges, costs, expenses and attorney's fees incurred in collection of such Assessments. All successors to the fee simple title of a Lot, except as provided in Sections 4.7, 4.8 and 4.10, will. be jointly and severally liable with the prior Owner or Owners for any and all unpaid Assessments, including interest, late charges, costs, expenses and attorney's fees incurred in collection of such Assessments. However, any successor will be entitled to rely on the statement of status of Assessments given by the Homeowners Association under Section 4.10. Section 4.7 Priority of Lien for Assessment: The lien of the Assessments will be superior to and prior to any homestead exemption provided now or in the future by the laws of the State of Montana, and to all other liens and encumbrances except the following: (a) Liens and encumbrances recorded before the date of the recording of this Declaration; (b) Liens for real estate taxes and other governmental assessments or charges duly imposed against the Lot by a Montana governmental or political subdivision or special taxing district, or any other liens made superior by statute; and Page 5 (c) The lien for all sums unpaid on a First Mortgage recorded before the date of filing of a written lien statement for delinquent Assessments, including any and all advances made by the First Mortgagee, even though some or all of such advances may have been made subsequent to the date of filing of a written lien statement for delinquent Assessments. Any First Mortgagee who acquires title to a Lot by virtue of foreclosing the First Mortgage or by virtue of a deed or assignment in lieu of such a foreclosure, or any purchaser at a foreclosure sale of the First Mortgage, will take the Lot free of any claims for unpaid Assessments, interest, late charges, costs, expenses, and attorney's fees against the Lot which accrue prior to the time such First Mortgagee or purchaser acquires title to the Lot. All other persons who hold a lien or encumbrance of any type not described in subsection (a), (b) or (c), above, will be deemed to consent that their lien or encumbrance will be subordinate to the Homeowners Association's future liens for Assessments, interest, late charges, costs, expenses and attorne_y's fees, as provided in this Article, whether or not such consent is specifically set forth in the instrument creating any such lien or encumbrance. Section 4.8 Protection of First Mortgage: No violation or breach of, or failure to comply with, any provision contained in this Declaration and no action to enforce any such provision shall affect, defeat, render invalid or impair the lien of any First Mortgage on any property taken in good faith and for value and perfected by recording in the office of the Clerk and Recorder of Flathead County, Montana, prior to the time of recording in said office of an instrument describing such property and listing the name or names of the Owner or Owners and giving notice of such violation, breach or failure to comply. No violation, breach, failure to comply or action to enforce this Declaration shall affect, defeat, render invalid or impair the title or interest of the holder of any First Mortgage or the title or interest acquired by any purchaser upon foreclosure of any First Mortgage or result in any liability, personal or otherwise, of any such holder or purchaser. Any such purchaser upon foreclosure shall, however, take subject to this Declaration. Section 4.9 Statement of Status of Assessments: On written request, the Homeowners Association will furnish to an Owner or his designee or to any mortgagee a statement setting forth the amount of unpaid Assessments then levied against the Lot in which the Owner, designee or mortgagee has an interest. The information contained in such statement, when signed by an officer or director of the Homeowners Association, will be conclusive upon the Homeowners Association, the Board, and every Owner as to the person or persons to whom such statement is issued and who rely on it in good faith. Section 4.10 Declarant's Responsibility for Assessments: Notwithstanding the foregoing, the Declarant, although a member of the Homeowners Association, shall not be responsible at any time for payment of any of the Assessments for Lots owned by Declarant, unless and until Declarant constructs a home on such Lot. The Declarant, however, shall at all times pay a proportionate share of all current expenses of administration actually incurred by the Homeowners Association from time to time. For purposes of the foregoing sentence, the Declarant's proportionate share of such expenses shall be based upon the ratio of all Lots which are listed for sale owned by the Declarant at the time the expense is incurred (i.e., the number of Lots which are for sale) to the total number of such Lots plus Lots owned by third parties (i.e., the total number of sold Lots plus Lots which are for sale). In no event shall, the Declarant be responsible for payment of the costs of any improvements, or for other Special Assessments. So long as Declarant owns any Lots, any increase in the Annual Assessment and any Special Assessment shall require the Declarant' s written consent. Further, the Declarant shall in no event be liable for any assessment levied in Page 6 whole or in part to purchase any lot from the Declarant orto finance any litigation or other claim against the Declarant, any cost of investigating and preparing such litigation or claim, or similar related costs. ARTICLE V. PROTECTIVE COVENANTS Section 5.1 Land Use: The property may be used for single-family residential purposes. There shall be no commercial use on the property. Rentals for a term of one month or more shall not be considered commercial use. Home office or related uses which do not result in increased vehicular traffic shall not be considered commercial use. Use as a home office or related uses are permitted provided advance approval has been obtained from the Architectural Review committee which do not result in increased vehicular traffic shall not be considered commercial use. Garage sales shall be permitted, so long as no more than two such sales are conducted per year on any Lot. Section 5.2 No Subdivision of Lots: No Lot shall be further subdivided in any manner. A change in boundary lines between adjacent owners shall not be considered subdivision. Two or more contiguous Lots may be combined to form a smaller number of Lots, but such a combination shall not reduce the assessments for the combined Lots (for example, if two Lots are combined into one Lot, the one Lot shall continue to pay assessments as if it were two Lots). Section 5.3 Structures: There shall be no more than one single family residence and associated outbuildings per Lot. Each residential unit shall include, at a minimum, a two - car attached garage and at a maximum, a three -car attached garage. Section 5.4 Set Backs: There shall be no buildings of any kind within 30 feet of the front lot line and 15 feet from the side and rear lot lines. However, variances as to set backs may be granted by the Architectural Review Committee. Section 5.5 Dwelling Size: The single family residential dwelling on each Lot must have a ground floor area, excluding open porches, basements, and garages, of not less than 1200 square feet of finished living area on the first floor, and a total finished living area of not less than 2200 square feet. The additional 400 square feet finished floor level may be on a second level or a "bonus" room above the garage. No portion of any building shall be more than 35 feet from the ground, as measured from the average existing grade of the building site, as determined prior to any site preparation. However, the Architectural Review Committee may grant variances to these requirements. Section 5.6 Dwelling Construction: All dwellings shall be 1200 square feet above grade constructed on site on the Lot and no trailer homes, mobile homes, modular homes, or prefabricated homes of any kind or type shall be placed on a Lot. All structures shall be constructed of new materials. However, suitable used materials such as used brick or beams may be utilized, provided that advance approval has been obtained from the Architectural Review Committee. All construction, once begun, shall be completed within 12 months after the start of construction. The dwelling shall not be occupied until such time that the above work is completed and all building debris is removed. There shall be no burying of construction debris on any Lot in DIAMOND RIDGE ESTATES. If construction activity on any Lot should cause damage to the roads or improvements, the cost or repair shall be solely borne by the owner of said Lot. All construction shall conform to the Uniform Fire Code and Uniform Building Code. A driveway with gravel and a black plastic 8" culvert shall be constructed on each. Lot prior to site clearing or excavating of basement The Page 7 driveway shall be paved prior to or within 90 days of occupancy (weather permitting). The Homeowners Association may adopt rules and regulations governing construction, including trash. and debris removal, sanitary facilities, parking areas, restoration of damaged areas, fire protection and other construction activities. No building materials, vehicles or other items of personal property shall be stored on any Lot prior to commencement of construction of the dwelling. Section 5.7 Exterior Finishes: No structure on any Lot shall have a roof or exterior siding which is silver or metallic colored, reflective, or shiny. Only Class A or B roofing materials, as rated by the National Fire Protection Association, shall be allowed on all structures. Use of wood shakes is discouraged, due to their flammability. Section 5.8. Condition and Reconstruction: Each structure, once constructed on a Lot, shall be kept in the same condition as at the time of its initial construction, excepting normal wear and tear . All structures shall be preserved and of pleasant appearance by maintaining paint, stain or sealer as needed. If any structure is damaged in any way, the owner shall exercise due diligence to rebuild, repair or restore the structure to its appearance and condition prior to the casualty. Reconstruction shall be completed within 9 months of the casualty. Section 5.9 No Temporary Structures: No structure of a temporary character, trailer, basement, tent, garage, barn, or other outbuilding shall be used on any Lot at a time as residence, either temporarily or permanently. Provided, however, during construction of a dwelling, construction trailers may be used for purposes of construction. Section 5.10 Outbuildings: All outbuildings on a Lot shall be "site" built and constructed on the Lots in keeping with the construction and architecture of the other buildings located on the Lot and shall present an exterior appearance similar to the other buildings located on the Lot. All outbuildings shall be kept and maintained in good condition, repair, and appearance. The Architectural Review Committee must approve the size, location and design of any outbuilding constructed on a Lot. Section 5.11 Utilities: All utilities shall be placed underground. Each lot owner shall. pay all costs for connection to the Kalispell water mains installed along the roadways, including all costs for connection of the water lines from their dwelling to the main water line. Each lot owner shall pay the cost to connect the utilities and to maintain from their dwelling to the main underground utilities provided along the roads. Section 5.12 Antennas, Poles; and Other Structures: No antennas, poles, cellular telephone towers, communication towers, or other structures shall be erected unless approved by the Architectural Review Committee. Any satellite dish receiver must be 24 inches or less in diameter and attached to residence or outbuildings. Section 5.13 House Numbers: Owners shall maintain house numbers on the house itself. All house numbers shall be visible from the driveway entrance. Declarant or the Homeowners Association may develop standard house numbering plaques or signposts, and if such standard house numbering is developed, all Lots shall be so numbered. Section 5.14 Fire Clearance Measures: In construction and landscaping of houses, Owners shall create and maintain defensible space/vegetative clearance measures around structures that are in compliance with the Urban Wildfire Interface Standards for the purpose of reducing fire danger. Page 8 Section 5.21 Signs: No signs, billboards, banners, or advertising devices of any nature except as may be authorized by the Architectural Review Committee shall be erected or maintained on any part of DIAMOND RIDGE ESTATES, except for (a) a standard size "For Sale" sign placed on a Lot which is for sale and (b) a builder's sign placed on a Lot during the course of construction of a dwelling. The foregoing restrictions shall not apply to the business activities or advertising of the Declarant while any Lots remain unsold. Section 5.22 Lot Landscaping: Basic landscaping, including finish grading, seeding or sodding, must be completed prior to or within 90 days after date of occupancy (weather permitting). Each Owner shall have the responsibility to maintain the grounds of his Lot including the mowing of grass, removal of weeds, and proper trimming of bushes and trees. Each Owner is responsible for revegetation of disturbed areas on that Owner's Lot and for the control and eradication of noxious weeds on that Owner's Lot in accordance with the requirements of the City of Kalispell, other governmental and the department responsible for review and enforcement, Weed and Parks Department or successor agency. If the Homeowners Association shall receive complaints from other Owners, then, and in that event, it shall have the right to notify the Owner, and if the Owner does not immediately maintain his Lot, the Homeowners Association may have such maintenance of the grounds of the Lot performed as the Homeowners Association shall determine as being reasonable, and the charges therefor shall be assessed against the Lot as a Default Assessment. Section 5.23 Hunting and Fireworks: Hunting and target shooting is strictly prohibited within DIAMOND RIDGE ESTATES. No discharge of firearms or projectiles is permitted in DIAMOND RIDGE ESTATES. Fireworks may be limited in type, location or time, or prohibited entirely by the Homeowners Association, or the Homeowners Association may conduct its own fireworks display. Section 5.24 Driveway: All driveways must be paved, with asphalt, concrete or other surfaces approved by the Architectural Review Committee, from the street pavement to the garage within one year of occupancy. Section 5.25 Water System/Sewage: No individual sewage disposal system and no individual water system or wells will be permitted on any lot of DIAMOND RIDGE ESTATES, except the now existing wells located on Lots 3 and 4 are permitted. Section 5.26 Outdoor Lighting: Ground level lighting of patio, deck, driveway and entryway areas on any Lot that do not light areas outside such Lot or create glare are permitted. No other exterior lighting is permitted except as may be authorized by the Architectural Review Committee. Section 5.27 Central Mail Delivery: All mail delivery within DIAMOND RIDGE ESTATES shall be at the central mail facility as determined by the U.S. Postal Service and the City of Kalispell. Likewise, all newspapers shall also be delivered to the central mail facility, and no newspaper tubes shall be maintained anywhere else within DIAMOND RIDGE ESTATES. Section 5.28 Vehicles: All vehicles shall be parked in the garages or driveways and no vehicle shall be parked on roadways or the common area except on a temporary basis. The parking or storage of campers, camping trailers, recreational vehicles, pickup campers, trucks over 1 ton, boats, snowmobiles, trailers, or unlicensed vehicles is prohibited unless in an enclosed garage or screened from view. No outdoor maintenance, service, rebuilding, Page 9 dismantling, painting, or repair work shall be performed on any vehicle outside of an enclosed garage, except for washing and polishing. No abandoned or inoperable vehicles shall be parked on any Lot. No more than one RV camper unit is permitted on a permanent camper site. The pad is to be paved and designated for parking. Section 5.29 Animals: Dogs (no more than 2) or cats (no more than 2) or other small household pets may be kept, provided that they are not kept, bred or maintained for any commercial purpose. No livestock or poultry of any kind shall be raised, bred or kept on any lot. Household pets, such as dogs, must be contained upon the Owner's Lot and such pet may not be permitted to run at large at any time. All pet enclosures must be located in the rear of the house no closer than 25 feet from any lot line, and must be attached to the house. No dog which barks and can be heard on any frequent or continuing basis shall be kept on any Lot. Owners shall be responsible to clean up after their pets. Pets constituting a nuisance may be ordered by the Board to be kept within the residence of the Owner or ordered expelled from DIAMOND RIDGE ESTATES. ARTICLE VI. ARCHITECTURAL REVIEW Section 6.1 Review: In order to maintain harmony of external design and location in relation to surrounding structures, topography and native vegetation and to otherwise assist iri achieving the general purposes of this Declaration, the following activities shall be subject to architectural review: (a) Site preparation. (b) Construction of any dwelling, structure, fence or other improvement on any Lot. (c) Exterior modification of any dwelling, structure, fence or other improvement. (d) Landscaping and modifications to landscaping. None of these activities shall be undertaken without prior written approval of the Architectural Review Committee. Alterations remodeling which are completely within a dwelling or structure and which do not change the exterior appearance of the structure are not subject to architectural review. Section 6.2 Architectural Review Committee: The Architectural Review Committee shall consist of one or more persons. During the Period of Declarant Control, the members of the Architectural Review Committee shall be appointed by Declarant, and may include Declarant or parties related to Declarant. After the Period of Declarant Control, the members of the Architectural Review Committee shall be appointed by the Board of Directors of the Homeowners Association. The party appointing the members of the Architectural Review Committee may remove any such members and replace any members who are so removed. Section 6.3 Application: Prior to undertaking any activities that are subject to architectural review, the Owner shall provide the Architectural Review Committee with detailed plans and specifications concerning the proposed improvement, including the following: (a) Site plan showing the location of house, outbuildings, driveway or other structure proposed to be built or revised. The plan must also show finished grade elevations. Page 10 (b) A set of building plans including floor plans for all floors, cross sections, and elevations showing all dimensions and finished square footage. (c) Plans shall include exterior colors, materials, and finishes and indicate outdoor lighting. The Architectural Review Committee may require that the applicant submit additional materials reasonably required to perform its review function. The Architectural Review Committee may charge a fee for review of the plans. Initially, the fee shall be in the sum of $25.00. Section 6.4 Action by Committee: Upon receipt of plans and other material, the Architectural Review Committee shall review the proposed improvement to determine whether it is in accordance with the goals stated in Section 6.1 and is otherwise in conformance with this Declaration. The Architectural Review Committee shall respond to the proposal in writing within 30 days of receipt of all required materials, stating its approval or the reasons for its disapproval. If the Architectural Review Committee does not respond within the 30-day period, the plans shall be deemed approved. The Architectural Review Committee may monitor construction to ensure that the approved plans are being followed. Section 6.5 Guidelines: The Architectural Review Committee may, but shall not be required to develop guidelines for its architectural review. Section 6.6 Liability: Neither the Declarant, the Homeowners Association, the Architectural Review Committee nor their respective members, officers, directors, employees or agents shall be responsible or liable for the defects in any plans or specifications submitted, revised or approved under this Article, nor for any defects in construction pursuant to such plans and specifications. Approval of plans and specifications under this Article shall not be deemed in lieu of compliance by Owner with applicable building codes or other governmental laws or regulations. ARTICLE VII. DURATION AND AMENDMENT Section 7.1 Duration of Declaration: The provisions of this Declaration are intended to be easements and covenants running with the land, and are intended to be perpetual, except as amended or terminated as provided below. If any provision contained in this Declaration is subject to the laws or rules sometimes referred to as the rule against perpetuities or the rule prohibiting unreasonable restraints on alienation, such provisions shall continue and remain in full force and effect for the period of 21 years following the death of Allen W. Riebe, the incorporator, and the now living children of Allen W. Riebe and Virginia L. Riebe, or until the provisions contained in this Declaration are amended or terminated as provided below, whichever first occurs. Section 7.2 Amendment during Period of Declarant Control: During the Period of Declarant Control, this Declaration may be amended by Declarant as provided in this Section 7.2. Declarant shall prepare the form of amendment. The form of amendment and a notice of the Owners' rights under this Section 7.2 shall be mailed to each Owner by first class mail, postage prepaid, to the address of the Owner on the records of the Homeowners Association. Unless written objection is received by Declarant from the Owners holding 80% or more of the votes within 30 days of the mailing of the notice to the Owners, the action proposed to be taken by the Declarant shall be considered approved and shall become final. The Declarant shall then record in the records of Flathead County, Montana, Page 11 a document stating the action taken, together with a certificate certifying that notice was given to the Owners as required herein and that fewer than 80% of the Owners objected to the action. Section 7.3 Amendment after Period of Declarant Control: After the Period of Declarant Control, this Declaration may be amended or repealed as provided in this Section 7.3. Any amendment shall require the consent of the Owners of seventy-five percent (75%) of the Lots. Such consent may be evidenced by written consent or by vote at a regular or special meeting of the members of the Homeowners Association, or by a combination of written consents and votes. Section 7.4 Unilateral Amendment by Declarant: At any time, before or after the Period of Declarant Control, so long as Declarant owns a Lot, Declarant may unilaterally amend this Declaration (1) if such amendment is solely to comply with applicable law or correct a technical or typographical error, (2) if such amendment does not adversely alter any substantial rights of any Owner or mortgagee, or (3) in order to meet the guidelines or regulations of a mortgagor or insurer including, but not limited to, the Federal National Mortgage Association, the Federal Home Loan Mortgage Corporation, the Federal Housing Administration, or the Veterans Administration or any similar agency. Such amendments shall not require approval of any Owners. ARTICLE VIII. MISCELLANEOUS Section 8.1 Effect of Provisions of Declaration: Each provision contained in this Declaration, and any agreement, promise, covenant and undertaking to comply with each provision contained in this Declaration, and any necessary exception or reservation or grant of title, estate, right or interest to effectuate any provision contained in this Declaration: (a) shall be deemed incorporated in each deed or other instrument by which any right, title or interest in any real property within DIAMOND RIDGE ESTATES is granted, devised or conveyed, whether or not set forth or referred to in such deed or other instrument; (b) shall, by virtue of acceptance of any right, title or interest in any real property within DIAMOND RIDGE ESTATES by an Owner or the Homeowners Association, be deemed accepted, ratified, adopted and declared as a personal covenant of such Owner or Homeowners Association, as the case may be, and, as a personal covenant, shall be binding on such Owner or Homeowners Association and such Owner's or Homeowners Association's respective heirs, personal representatives, successors and assigns; ( c) shall be deemed a real covenant by Declarant, for itself, its successors and assigns, and also an equitable servitude, running, in each case, as a burden with and upon the title to each parcel of real property within DIAMOND RIDGE ESTATES, including property that may hereafter become part of DIAMOND RIDGE ESTATES; and ( d) shall be deemed a covenant, obligation and restriction secured by a lien, binding, burdening and encumbering the title to each parcel of real property within DIAMOND RIDGE ESTATES, which lien with respect to any Lot shall be deemed a lien in favor of Declarant. Section 8.2 Enforcement and Remedies: Each provision contained in this Declaration shall be enforceable by the Homeowners Association or by any Owner who has first made written demand on the Homeowners Association to enforce such provision and 30 days have lapsed without appropriate action having been taken by the Homeowners Association. Any enforcement action may be by a proceeding for such relief as may be provided at law or in equity, including but not limited to a temporary or permanent injunction and/or a suit or action to recover damages. Page 12 Section 8.3 Limited Liability: Neither the Declarant, the Homeowners Association, the Architectural Review Committee or, their respective officers, directors, employees or agents shall be liable to any party for any action or for any failure to act with respect to any matter if the action taken or failure to act was in good faith and without malice. Section 8.4 Successors and Assigns: Except as otherwise provided herein, the provisions contained in this Declaration shall be binding upon and shall inure to the benefit of Declarant, the Homeowners Association, and each Owner and their respective heirs, personal representatives, successors and assigns. Section 8.5 Severability: Invalidity or unenforce ability of any provision contained in this Declaration in whole or in part shall not affect the validity or enforceability of any other provision or any valid and enforceable part of a provision of this Declaration. Section 8.6 Captions: The captions and headings in this instrument are for convenience only and shall not be considered in construing any provisions of this Declaration. Section 8.7 Construction: When necessary for proper construction, the masculine of any word used in any provisions contained in this Declaration shall include the feminine or neuter gender, and the singular the plural, and vice versa. Section 8.8 No Waiver: Failure to enforce any provision contained ill this Declaration shall not operate as a waiver of any such provision or of any other provision of this Declaration. Section 8.9 Attorneys' Fees: In the event of a dispute arising under any provision contained in this Declaration, the prevailing party shall be entitled to its reasonable costs and attorneys' fees incurred. DATED: �A --d '`� , 2007. Signature of Declarant: DIAMOND RIDGE ESTATES, LLC By:.,M,e,. 4& &,-.1.-e - Allen W. Riebe, Manager Page 13 STATE OF MONTANA SS. County of Flathead ) On this 0 day of � , 2007, before me, the undersigned, a Notary Public for the State aforesaid, personally appeared Allen W. Riebe, known to me to be the Manager of DIAMOND RIDGE ESTATES, LLC., a limited liability company, and the person who executed the foregoing instrument on behalf of such limited liability company, and acknowledged to me that said 1 mited liabi4y company executed the same.., Printed Name r��' Notary Public fo the State of Montana Residing at My Commission expires -7 f2*1241 eol- .. Page 14 City of Kalispell Planning Department 17 - 2"d Street East, Suite 211, Kalispell, Montana 59901 Telephone: (406) 751-1850 Fax: (406) 751-1858 FINAL PLAT APPLICATION Project /Subdivision Name: Diamond Ridge Estates Contact Person: Name: Sands SurvWng, Inc Address: 2 Village Loop Kalispell, MT 59901 Phone No.: 406 755-6481 Date of Preliminary Plat Approval: --Jul y 3, 2006. Type of Subdivision: Residential X Industrial Total Number of Lots in Subdivision 23 lots Land in Project (acres) 12.147 acres Owner & Mailing Address: Allen and Virginia Riebe_ 394 Three Mile Drive Kalis ellMT 59901 (406) 752-9010 Commercial PUD Other Parkland (acres) None Cash -in -Lieu $28,500.00_ Exempt No. of Lots by Type: Single Family X Townhouse Mobile Home Park Duplex Commercial Apartment Industrial Condominium Multi -Family Recreational Vehicle Park Planned Unit Development Other Legal Description of the Property _NW 1 /4 of NWl /4 of Section 12, Township 28 North, Range 22 West P.M.M. FILING FEE ATTACHED $ 3 725.00 Minor Subdivision with approved preliminary plat $400 + $125/lot Major Subdivision with approved preliminary plat $800 + $125/lot Subdivisions with Waiver of Preliminary Plat $800 + $125/lot Subdivision Improvements Agreement $ 50 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 11X17 Copy 11X17 Copy **The plat must be signed by all owners of record, the surveyor and the examining land surveyor. Attach a letter, which lists each condition of preliminary plat approval, and individually state how each condition has specifically been met. In cases where documentation is required, such as an engineer's certification, State Department of Health certification, etc., original letters shall be submitted. Blanket statements stating, for example, "all improvements are in place" are not acceptable. A complete final plat application must be submitted no less than 60 days prior to expiration date of the preliminary plat. When all application materials are submitted to the Kalispell Planning Department, and the staff finds the application is complete, the staff will submit a report to the governing body. The governing body must act within 30 days of receipt of the revised preliminary plat application and staff report. Incomplete submittals will not be accepted and will not be forwarded to the governing body for approval. Changes to the approved preliminary plat may necessitate reconsideration by the planning board. I certify that all information submitted is true, accurate and complete. I understand that incomplete information will not be accepted and that false information will delay the application and may invalidate any approval. The signing of this application signifies approval for Kalispell Planning staff to be present on the property for routine monitoring and inspection during the approval and development process. **NOTE: Please be advised that the County Clerk fit Recorder requests that all subdivision final plat applications be accompanied with a digital copy. 40 Q- 11 / 0 -- 0 7 Owner(s) Signature Date **A digital copy of the final plat in a Drawing Interchange File (DXF) format or an AutoCAD file format, consisting of the following layers: 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 Subdivision Guarantee Guarantee No.: 238564-CT Issued by First American Title Company 704 South Main/P. O. Box 13101 Kalispell MT 59901 Title Officer.• Kathleen Vernon Phone: (406)752 5388 FAX: (406)752-9617 Form No. 1282 (Rev 12/15/95) Subdivision Guarantee Guarantee No.: 238564-CT Form 1349 CLTA Guarantee Face Page (Revised 12/15/95) First American Title Insurance Company SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE LIMITS OF LIABILITY AND THE CONDITIONS AND STIPULATIONS OF THIS GUARANTEE, First American Title Insurance Company a corporation, herein called the Company GUARANTEES the Assured named in Schedule A against actual monetary loss or damage 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. Fitst_Ameriewn Tiffe k n7rrrrrtcr Cwtjxu�y BY PjtWDMT ATTEST � ,�� SBCUiARY FirstAlmerican tie Company By: ,�••w AUTHORIZED SIGNATORY Subdivision Guarantee Guarantee No.: 238564-CT SUBDIVISION OR PROPOSED SUBDIVISION GUARANTEE Order No.: 238564-CT Guarantee No.: 238564-CT Fee: $150.00 SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE LIMITS OF LIABILITY, AND OTHER PROVISIONS OF THE CONDITIONS AND STIPULATIONS HERETO ANNEXED AND MADE A PART OF THIS GUARANTEE, FIRST AMERICAN TITLE INSURANCE COMPANY, A CORPORATION HEREIN CALLED THE COMPANY GUARANTEES: Sands Surveying FOR THE PURPOSES OF AIDING ITS COMPLIANCE WITH FLATHEAD COUNTY SUBDIVISION REGULATIONS, in a sum not exceeding $5,000.00. THAT according to those public records which, under the recording laws of the State of Montana, impart constructive notice of matters affecting the title to the lands described on the attached legal description: A TRACT OF LAND, SITUATED, LYING, AND BEING IN THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 12, TOWNSHIP 28 NORTH, RANGE 22 WEST, P.M.M., FLATHEAD COUNTY, MONTANA, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS TO WIT: BEGINNING AT THE SOUTHWEST CORNER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 12, TOWNSHIP 28 NORTH, RANGE 22 WEST, P.M.M., FLATHEAD COUNTY, MONTANA; THENCE ALONG THE WEST BOUNDARY OF SAID NORTHWEST QUARTER OF THE NORTHWEST QUARTER N04°42'16" EAST A DISTANCE OF 1248.78 FEET TO THE SOUTHERLY R/W OF THREE MILE DRIVE; THENCE ALONG SAID R/W N89058'44" EAST A DISTANCE OF 150.03 FEET TO A POINT; THENCE LEAVING SAID R/W SO4°42'27" WEST A DISTANCE OF 177.60 FEET TO A POINT; THENCE EAST A DISTANCE OF 150.02 FEET TO A POINT; THENCE N04042'37" EAST A DISTANCE OF 177.65 FEET TO A POINT ON SAID SOUTHERLY R/W OF THREE MILE DRIVE; THENCE ALONG SAID R/W N890S8'44" EAST A DISTANCE OF 150.03 FEET TO THE CENTERLINE OF A 60 FOOT PRIVATE ROAD AND UTILITY EASEMENT KNOWN AS WYNDOVER HILL DRIVE; THENCE LEAVING SAID R/W S0404248" WEST A DISTANCE OF 1246.27 FEET TO A POINT ON THE SOUTH BOUNDARY OF SAID NORTHWEST QUARTER OF THE NORTHWEST QUARTER; THENCE ALONG SAID SOUTH BOUNDARY S89°39'33" WEST A DISTANCE OF 450.11 FEET TO THE POINT OF BEGINNING. THE ABOVE DESCRIBED TRACT OF LAND SHALL HEREAFTER BE KNOWN AS DIAMOND RIDGE ESTATES. (A) Parties having record title interest in said lands whose signatures are necessary under the requirements of Flathead County Subdivision Regulations on the certificates consenting to the recordation of Plats and offering for dedication any streets, roads, avenues, and other easements offered for dedication by said Plat are: Diamond Ridge Estates, LLC Subdivision Guarantee Guarantee No.: 238564-CT (B) Parties holding liens or encumbrances on the title to said lands are: Chase Manhattan Mortgage West One Bank 1. 2008 taxes and special assessments are a lien; amounts not yet determined or payable. The first one-half becomes delinquent after November 30th of the current year, the second one-half becomes delinquent after May 31st of the following year. General taxes as set forth below. Any amounts not paid when due will accrue penalties and interest in addition to the amount stated herein: Year 1st Half 2nd Half Parcel Number 2007 $531.84 (paid) $531.82 (paid) 75-0009577 Affects: Portion of premises 2007 $935.28 (paid) $935.26 (paid) 75-0729750 Affects: Portion of premises 2007 $2,106.37 $2,106.32 75-0729800 Affects: (paid) (paid) Portion of Premises 2. Deed of Trust dated June 4, 2007, to secure an original indebtedness of $500,000.00, and any other amounts and/or obligations secured thereby Recorded: June 5, 2007, as Instrument No. 2007-156-16200 Grantor: Allen W. Riebe and Virginia L. Riebe Trustee: Alliance Title & Escrow Company Beneficiary: West One Bank AFFECTS: Portion of Premises NOTE: This document contains construction language. 3. Right to Claim a lien. Claimant: H. D. Supply Waterworks, Ltd Recorded: June 11, 2007, as Instrument No. 2007-162-08060. (C) Easements, claims of easements and restriction agreements of record are: 4. Any right, title or interest in any minerals, mineral rights, or related matters, including but not limited to oil, gas, coal, and other hydrocarbons. 5. County road rights -of -way not recorded and indexed as a conveyance of record in the office of the Clerk and Recorder 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. 6. Agreement upon the terms, conditions and provisions contained therein: Parties: Richard M. Asher and H. H. Dingman Recorded: October 17, 1907, in Book 90, Page 131 7. Easement for transmission and distribution line granted to Mountain States Power Company, recorded March 30, 1951 in Book 317, Page 582. Subdivision Guarantee Guarantee No.: 238564-CT 8. Easement for divert water of Bowser Spring Creek granted to Allen W. Riebe and Virginia L. Riebe, recorded June 3, 1963 in Book 452, Page 803. Right-of-way or easement of Three Mile Drive and Wyndover Hill Drive. 10. Easement for an electric underground distribution line of one or more conductors and all necessary or desirable appurtenances granted to Pacific Power & Light Company , recorded February 4, 1981 in Book 710 of Page 385, as Instrument No. 1517. 11. Resolution Designation of Limited Access Highway R/W by the Transportation Commission of the State of Montana, recorded November 14, 1997, as Instrument No. 1997-318-10050. Amended Resolution Designation of Limited Access Highway R/W by the Transportation Commission of the State of Montana, recorded October 8, 2004, as Instrument No. 2004-282- 08180. 12. All matters, covenants, conditions, restrictions, easements and any rights, interest or claims which may exist by reason thereof, disclosed by Certificate of Survey(s) No. 16340, 16341 and 17969, but deleting any covenant, condition or restriction indicating a preference, limitation or discrimination based on race, color, religion, sex, handicap, familial status, or national origin to the extent such covenants, conditions or restriction violate 42 USC 3604 (c). 13. Grant of Easement and Road Maintenance Agreement upon the terms, conditions and provisions contained therein: Parties: L. Powell Clinton, Gertrud E. Clinton wata Gertrude E. Clinton, Allen W. Riebe, and Virginia L. Riebe Recorded: June 17, 2003, Instrument No. 2003-168-15310 14. Easement for Drainage Agreement upon the terms, conditions and provisions contained therein: Parties: Kalispell Bowser Creek Associates, LLC, Aspen Creek Estates Homeowners Association, Inc., and Diamond Ridge Estates, LLC Recorded: October 15, 2007, as Instrument No. 2007-00031565 15. All matters, covenants, conditions, restrictions, easements and any rights, interest or claims which may exist by reason thereof, disclosed on the proposed plat of Diamond Ridge Estates, subdivision, but deleting any covenant, condition or restriction indicating a preference, limitation or discrimination based on race, color, religion, sex, handicap, familial status, or national origin to the extent such covenants, conditions or restrictions violate 42 USC 3604(c). Date of Guarantee: January 07, 2008 at 7:30 A.M. Subdivision Guarantee Guarantee No.: 238564-CT SCHEDULE OF EXCLUSIONS FROM COVERAGE OF THIS GUARANTEE 1. Except to the extent that specific assurance are provided in Schedule A of this Guarantee, the Company assumes no liability for loss or damage by reason of the following: (a) Defects, liens, encumbrances, adverse claims or other matters against the title, whether or not shown by the public records. (b) (1) Taxes or assessments of any taxing authority that levies taxes or assessments on real property; or, (2) Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not the matters excluded under (1) or (2) are shown by the records of the taxing authority or by the public records. (c) (1) Unpatented mining claims; (2) reservations or exceptions in patents or in Acts authorizing the Issuance thereof; (3) water rights, claims or title to water, whether or not the matters excluded under (1), (2) or (3) are shown by the public records. 2. Notwithstanding any specific assurances which are provided in Schedule A of this Guarantee, the Company assumes no liability for loss or damage by reason of the following: (a) Defects, liens, encumbrances, adverse claims or other matters affecting the title to any property beyond the lines of the land expressly described in the description set forth in Schedule (A), (C) or in Part 2 of this Guarantee, or title to streets, roads, avenues, lanes, ways or waterways to which such land abuts, or the right to maintain therein vaults, tunnels, ramps, or any structure or improvements; or any rights or easements therein, unless such property, rights or easements are expressly and specifically set forth in said description. (b) Defects, liens, encumbrances, adverse claims or other matters, whether or not shown by the public records; (1) which are created, suffered, assumed or agreed to by one or more of the Assureds; (2) which result in no loss to the Assured; or (3) which do not result in the invalidity or potential invalidity of any judicial or non judicial proceeding which is within the scope and purpose of the assurances provided. (c) The identity of any parry shown or referred to in Schedule A. (d) The validity, legal effect or priority of any matter shown or referred to in this Guarantee. GUARANTEE CONDITIONS AND STIPULATIONS 1. Definition of Terms. The following terms when used In the Guarantee mean: (a) the "Assured": the party or parties named as the Assured in this Guarantee, or on a supplemental writing executed by the Company. (b) "land": the land described or referred to in Schedule (A) (C) or In Part 2, and improvements affixed thereto which by law constitute real property. The term "land" does not include any property beyond the lines of the area described or referred to in Schedule (A) (C) or in Part 2, nor any right, title, Interest, estate or easement in abutting streets, roads, avenues, alleys, lanes, ways or waterways. (c) "mortgage": mortgage, deed of trust, trust deed, or other security instrument. (d) "public records" : records established under state statutes at Date of Guarantee for the purpose of imparting constructive notice of matters relating to real property to purchasers for value and without knowledge. (e) "date": the effective date. 2. Notice of Claim to be Given by Assured Claimant. An Assured shall notify the Company promptly in writing in case knowledge shall come to an Assured hereunder of any claim of title or interest which is adverse to the title to the estate or interest, as stated herein, and which might cause loss or damage for which the Company may be liable by virtue of this Guarantee. If prompt notice shall not be given to the Company, then all liability of the Company shall terminate with regard to the matter or matters for which prompt notice is required; provided, however, that failure to notify the Company shall in no case prejudice the rights of any Assured under this Guarantee unless the Company shall be prejudiced by the failure and then only to the extent of the prejudice. 3. No Duty to Defend or Prosecute. The Company shall have no duty to defend or prosecute any action or proceeding to which the Assured is a party, notwithstanding the nature of any allegation in such action or proceeding. 4. Company's Option to Defend or Prosecute Actions; Duty of Assured Claimant to Cooperate. Even though the Company has no duty to defend or prosecute as set forth in Paragraph 3 above: (a) The Company shall have the right, at Its sole option and cost, to institute and prosecute any action or proceeding, interpose a defense, as limited in (b), or to do any other act which in its opinion may be necessary or desirable to establish the title to the estate or interest as stated herein, or to establish the lien rights of the Assured, or to prevent or reduce loss or damage to the Assured. The Company may take any appropriate action under the terms of this Guarantee, whether or not it shall be liable hereunder, and shall not thereby concede liability or waive any provision of this Guarantee. If the Company shall exercise its rights under this paragraph, it shall do so diligently. (b) If the Company elects to exercise its options as stated in Paragraph 4(a) the Company shall have the right to select counsel of Its choice (subject to the right of such Assured to object for reasonable cause) to represent the Assured and shall not be liable for and will not pay the fees of any other counsel, nor will the Company pay any fees, costs or expenses Incurred by an Assured in the defense of those causes of action which allege matters not covered by this Guarantee. (c) Whenever the Company shall have brought an action or interposed a defense as permitted by the provisions of this Guarantee, the Company may pursue any litigation to final determination by a court of competent jurisdiction and expressly reserves the right, in Its sole discretion, to appeal from an adverse judgment or order. (d) In all cases where this Guarantee permits the Company to prosecute or provide for the defense of any action or proceeding, an Assured shall secure to the Company the right to so prosecute or provide for the defense of any action or proceeding, and all appeals therein, and permit the Company to use, at its option, the name of such Assured for this purpose. Whenever requested by the Company, an Assured, at the Company's expense, shall give the Company all reasonable aid in any action or proceeding, securing evidence, obtaining witnesses, prosecuting or defending the action or lawful act which in the opinion of the Company may be necessary or desirable to establish the title to the estate or interest as stated herein, or to establish the lien rights of the Assured. If the Company is prejudiced by the failure of the Assured to furnish the required cooperation, the Company's obligations to the Assured under the Guarantee shall terminate. S. Proof of Loss or Damage. In addition to and after the notices required under Section 2 of these Conditions and Stipulations have been provided to the Company, a proof of loss or damage signed and sworn to by the Assured shall be furnished to the Company within ninety (90) days after the Assured shall ascertain the facts giving rise to the loss or damage. The proof of loss or damage shall describe the matters covered by this Guarantee which constitute the basis of loss or damage and shall state, to the extent possible, the basis of calculating the amount of the loss or damage. If the Company is prejudiced by the failure of the Assured to provide the required proof of loss or damage, the Company's obligation to such Assured under the Guarantee shall terminate. In addition, the Assured may reasonably be required to submit to examination under oath by any authorized representative of the Company and shall produce for examination, Inspection and copying, at such reasonable times and places as may be designated by any authorized representative of the Company, all records, books, ledgers, checks, correspondence and memoranda, whether bearing a date before or after Date of Guarantee, which reasonably pertain to the loss or damage. Further, if requested by any authorized representative of the Company, the Assured shall grant its permission, in writing, for any authorized representative of the Company to examine, inspect and copy all records, books, ledgers, checks, correspondence and memoranda in the custody or control of a third party, which reasonably pertain to the Loss or Damage. All information designated as confidential by the Assured provided to the Company, pursuant to this Section shall not be disclosed to others unless, in the reasonable judgment of the Company, it is necessary in the administration of the claim. Failure of the Assured to submit for examination under oath, produce other reasonably requested information or grant permission to secure reasonably necessary information from third parties as required in the above paragraph, unless prohibited by law or governmental regulation, shall terminate any liability of the Company under this Guarantee to the Assured for that claim. Form No. 1282 (Rev. 12/15/95) Subdivision Guarantee Guarantee No.: 238564-CT 6. Options to Pay or Otherwise Settle Claims: Termination of Liability. In case of a claim under this Guarantee, the Company shall have the following additional options: (a) To Pay or Tender Payment of the Amount of Liability or to Purchase the Indebtedness. The Company shall have the option to pay or settle or compromise for or in the name of the Assured any claim which could result in loss to the Assured within the coverage of this Guarantee, or to pay the full amount of this Guarantee or, if this Guarantee is issued for the benefit of a holder of a mortgage or a lienholder, the Company shall have the option to purchase the Indebtedness secured by said mortgage or said lien for the amount owing thereon, together with any costs, reasonable attorneys' fees and expenses incurred by the Assured claimant which were authorized by the Company up to the time of purchase. Such purchase, payment or tender of payment of the full amount of the Guarantee shall terminate all liability of the Company hereunder. In the event after notice of claim has been given to the Company by the Assured the Company offers to purchase said indebtedness, the owner of such Indebtedness shall transfer and assign said indebtedness, together with any collateral security, to the Company upon payment of the purchase price. Upon the exercise by the Company of the option provided for in Paragraph (a) the Company's obligation to the Assured under this Guarantee for the claimed loss or damage, other than to make the payment required in that paragraph, shall terminate, including any obligation to continue the defense or prosecution of any litigation for which the Company has exercised its options under Paragraph 4, and the Guarantee shall be surrendered to the Company for cancellation. (b) To Pay or Otherwise Settle With Parties Other Than the Assured or With the Assured Claimant. To pay or otherwise settle with other parties for or in the name of an Assured claimant any claim Assured against under this Guarantee, together with any costs, attorneys' fees and expenses incurred by the Assured claimant which were authorized by the Company up to the time of payment and which the Company is obligated to pay. Upon the exercise by the Company of the option provided for in Paragraph (b) the Company's obligation to the Assured under this Guarantee for the claimed loss or damage, other than to make the payment required in that paragraph, shall terminate, including any obligation to continue the defense or prosecution of any litigation for which the Company has exercised its options under Paragraph 4. 7. Determination and Extent of Liability. This Guarantee is a contract of Indemnity against actual monetary loss or damage sustained or incurred by the Assured claimant who has suffered loss or damage by reason of reliance upon the assurances set forth in this Guarantee and only to the extent herein described, and subject to the Exclusions From Coverage of This Guarantee. The Liability of the Company under this Guarantee to the Assured shall not exceed the least of: (a) the amount of liability stated in Schedule A or in Part 2; (b) the amount of the unpaid principal indebtedness secured by the mortgage of an Assured mortgagee, as limited or provided under Section 6 of these Conditions and Stipulations or as reduced under Section 9 of these Conditions and Stipulations, at the time the loss or damage Assured against by this Guarantee occurs, together with interest thereon; or (c) the difference between the value of the estate or interest covered hereby as stated herein and the value of the estate or interest subject to any defect, lien or encumbrance Assured against by this Guarantee. 8. Limitation of Liability. (a) If the Company establishes the dtie, or removes the alleged defect, lien or encumbrance, or cures any other matter Assured against by this Guarantee in a reasonably diligent manner by any method, including litigation and the completion of any appeals therefrom, it shall have fully performed its obligations with respect to that matter and shall not be liable for any loss or damage caused thereby. (b) In the event of any litigation by the Company or with the Company's consent, the Company shall have no liability for loss or damage until there has been a final determination by a court of competent jurisdiction, and disposition of all appeals therefrom, adverse to the tide, as stated herein. (c) The Company shall not be liable for loss or damage to any Assured for liability voluntarily assumed by the Assured in settling any claim or suit without the prior written consent of the Company. 9. Reduction of Liability or Termination of Liability. All payments under this Guarantee, except payments made for costs, attorneys' fees and expenses pursuant to Paragraph 4 shall reduce the amount of liability pro tanto. 10. Payment of Loss. (a) No payment shall be made without producing this Guarantee for endorsement of the payment unless the Guarantee has been lost or destroyed, in which case proof of loss or destruction shall be furnished to the satisfaction of the Company. (b) When liability and the extent of loss or damage has been definitely fixed in accordance with these Conditions and Stipulations, the loss or damage shall be payable within thirty (30) days thereafter. 11. Subrogation Upon Payment or Settlement. Whenever the Company shall have settled and paid a claim under this Guarantee, all right of subrogation shall vest in the Company unaffected by any act of the Assured claimant. The Company shall be subrogated to and be entitled to all rights and remedies which the Assured would have had against any person or property in respect to the claim had this Guarantee not been issued. If requested by the Company, the Assured shall transfer to the Company all rights and remedies against any person or property necessary in order to perfect this right of subrogation. The Assured shall permit the Company to sue, compromise or settle in the name of the Assured and to use the name of the Assured in any transaction or litigation involving these rights or remedies. If a payment on account of a claim does not fully cover the loss of the Assured the Company shall be subrogated to all rights and remedies of the Assured after the Assured shall have recovered its principal, Interest, and costs of collection. 12. Arbitration. Unless prohibited by applicable law, either the Company or the Assured may demand arbitration pursuant to the Title Insurance Arbitration Rules of the American Arbitration Association. Arbitrable matters may include, but are not limited to, any controversy or claim between the Company and the Assured arising out of or relating to this Guarantee, any service of the Company in connection with its issuance or the breach of a Guarantee provision or other obligation. All arbitrable matters when the Amount of Liability is $1,000,000 or less shall be arbitrated at the option of either the Company or the Assured. All arbitrable matters when the amount of liability is in excess of $1,000,000 shall be arbitrated only when agreed to by both the Company and the Assured. The Rules in effect at Date of Guarantee shall be binding upon the parties. The award may Include attorneys' fees only if the laws of the state in which the land is located permits a court to award attorneys' fees to a prevailing party. Judgment upon the award rendered by the Arbitrator(s) may be entered in any court having jurisdiction thereof. The law of the situs of the land shall apply to an arbitration under the Tide Insurance Arbitration Rules. A copy of the Rules may be obtained from the Company upon request. 13. Liability Limited to This Guarantee; Guarantee Entire Contract (a) This Guarantee together with all endorsements, if any, attached hereto by the Company is the entire Guarantee and contract between the Assured and the Company. In interpreting any provision of this Guarantee, this Guarantee shall be construed as a whole. (b) Any claim of loss or damage, whether or not based on negligence, or any action asserting such Balm, shall be restricted to this Guarantee. (c) No amendment of or endorsement to this Guarantee can be made except by a writing endorsed hereon or attached hereto signed by either the President, a Vice President, the Secretary, an Assistant Secretary, or validating officer or authorized signatory of the Company. 14. Notices, Where Sent. All notices required to be given the Company and any statement in writing required to be furnished the Company shall Include the number of this Guarantee and shall be addressed to the Company at 1 First American Way, Santa Ana, CA. 92707. Form No. 1282 (Rev. 12115195) Subdivision Guarantee Guarantee No.: 238564-CT 4�a.t Assxh� v t. FirstAmerican Title Company 704 South Main/P.O. Box 1310, Kalispell, MT 59901 Phone(406)752-5388 - Fax(406)752-9617 PRIVACY POLICY We Are Committed to Safeguarding Customer Information In order to better serve your needs now and in the future, we may ask you to provide us with certain information. We understand that you may be concerned about what we will do with such information — particularly any personal or financial information. We agree that you have a right to know how we will utilize the personal information you provide to us. Therefore, together with our parent company, The First American Corporation, we have adopted this Privacy Policy to govern the use and handling of your personal information. Applicability This Privacy Policy governs our use of the information which you provide to us. It does not govern the manner in which we may use information we have obtained from any other source, such as information obtained from a public record or from another person or entity. First American has also adopted broader guidelines that govern our use of personal information regardless of its source. First American calls these guidelines its Fairinformation Values, a copy of which can be found on our website at www.firstam.com. Types of Information Depending upon which of our services you are utilizing, the types of nonpublic personal information that we may collect include: • Information we receive from you on applications, forms and in other communications to us, whether in writing, in person, by telephone or any other means; • Information about your transactions with us, our affiliated companies, or others; and • Information we receive from a consumer reporting agency. Use of Information We request information from you for our own legitimate business purposes and not for the benefit of any nonaffiliated party. Therefore, we will not release your information to nonaffiliated parties except: (1) as necessary for us to provide the product or service you have requested of us; or (2) as permitted by law. We may, however, store such information indefinitely, including the period after which any customer relationship has ceased. Such information may be used for any internal purpose, such as quality control efforts or customer analysis. We may also provide all of the types of nonpublic personal information listed above to one or more of our affiliated companies. Such affiliated companies include financial service providers, such as title insurers, property and casualty insurers, and trust and investment advisory companies, or companies involved in real estate services, such as appraisal companies, home warranty companies, and escrow companies. Furthermore, we may also provide all the information we collect, as described above, to companies that perform marketing services on our behalf, on behalf of our affiliated companies, or to other financial institutions with whom we or our affiliated companies have joint marketing agreements. Former Customers Even if you are no longer our customer, our Privacy Policy will continue to apply to you. Confidentiality and Security We will use our best efforts to ensure that no unauthorized parties have access to any of your information. We restrict access to nonpublic personal information about you to those individuals and entities who need to know that information to provide products or services to you. We will use our best efforts to train and oversee our employees and agents to ensure that your information will be handled responsibly and in accordance with this Privacy Policy and First American's Fair Information Values We currently maintain physical, electronic, and procedural safeguards that comply with federal regulations to guard your nonpublic personal information. © 2001 The First American Corporation • All Rights Reserved FIRST AMERICAN TITLE COMPANY I; -A ACKNOWLEDGEMENUCORPORATE STATE OF Montana ) ss. COUNTY OF Flathead ) On fib'" , before me, a Notary Public, personally hppeared('hailln Vi ( r known to me to be the Authorized Signatory of the Corporation. Signature of Notarial Officer Notary Public for the State of Montana Residing at: ��r Commission xpire's. 0611 /49,C%� go CHERIE A. EMVARDS . NOTARY PUBLIC iar lf� 1010"State of Monianzi 00.61. l , Residing at SE as Q Kalispell, Moniana OF M `� My Comm is iif r.�01�1CeS� CONSENT TO PLATTING Pursuant to Section 76-3-612, MCA, the undersigned, West One Bank, as beneficiary of a Deed of Trust, dated June 4, 2007, to secure payment in the original indebtedness of $500,000.00, recorded June 5, 2007 as Document #2007-156-16200, hereby consents to the Platting of a tract of land to be known and named as Diamond Ridge Estates. IN WITNESS WHERE OF, said party has caused their name to be subscribed hereto on the _jL_day of �-c. , 20 0 �- Signature: /"", "?. Printed Name ana Tftle; STATE OF*6P, SS COUNTY OF 4 On this ( day of 20_0, before me a Notary Public for the State of J ' , personally appeared whose name is subscribed to the foregoing instrument and acknowledged to me that they executed the same. f 12/10/2007 ION 11:07 FAI 12538402232 NATIONAL WATERWORKS, INC, Z002/005 RELEASE From: ED Supply Waterworks Ltd. 602 Valley Ave NE Puyallup, WA 99372-2518 tm of pidJooj) i 10rs 5kei1a.4, IJIA441 (aadross OfVM*0 f r dell d S of project) TO: ", S 4 6 0 a Y' i �✓�. GOil NDTI`IOI�A>: RBLfiASB 1r � UNCONDMONAL RELEASE The undersigned does hereby release all znechanic''s lien, stiap:notice, equitable h=4 and labor and material bond rights against the abov"escnbed project for all materials, supplies, labor, services, etc., purchased, acquired, or fiunished by or for us and used on above premises up to and including (date) This release does not apply to any rights arising after the daft listed in the previous sentence. 'Phis release is partial and conditional, and shall be effective only upon complete payment to the undersigned in the sum of $ . if payment is by check, this release is conditional and effective only when the check is paid by the bank upon which it is drawn without reservation of any rights against HID Supply Waterworks Ltd. FIRM NAME• IXD Su�gly_Watcrworks Ltd. (Firm itiu *Emg matmials) BY: DATE The undersigned bras been paid in Full for all labor, subcontractoz w Tk1 cquiprnent-- erials, supplied to the above described project and releases all mechanic's lien, stop notice equitable lien, and labor and material bond rights en the project for all materials, supplies, labor, services, etc., purchased, acquired, or fi LQbed by or for us and used on above premises, to and including (date) —- __io- 0-7-- This release is for the benefit of, and may be relied upon by the owner, the prime contractor, the construction lender, and the principal and surety on any labor and material bond posted for the proj ect. If payment is by check, this release is conditional and effective only when then check is paid by the bank upon which it is drawn without reservation of any rigbis against HD Supply Waterworks Ltd. FIRM NAME- IUD Sunyly Waterworks Ltd. Mgmwe,bf owns or Authorized Agent) BY: BATE IQ - /0 -07 12/10/2007 XON 11, 08 FAX 12538402232 NATIONAL WATERWORKS, INC, 9003/005 File No: 1267 WIPRIVATE]a DM a: tice Requested by and Return To: Ct HD LY WATERWORKS, LTD, 602 VALL NE 2()()71.(;2 a 9®60 Customer. SIDERIUS CONSTRUCTION Project: DIAMOND RIDGE ESTATES Rec. ID: 22SOJ9VDG WA 983PakNo: 07-042656-AMEND] I _ r7 NOTICE OF THE RIGHT TO CLAIM A LIEN WARNING: READ THIS NOTICE. PROTECT YOURSELF FROM PAYIN6`� ANY CONTRACTOR OR SUPPLIER TWICE FOR THE SAME SERVICE. TO: OWNER OR REPUTED OWNER ALLEN W & VIRGINIA L RIESE 394 THREE MILE DR. Kalispell, MT 59901-3040 TO: GENERAL CONTRACTOR OR PRIME CONTRACTOR : LENDER, SURETY OR BONDING COMPANY of mailing: 05/31/2007 1. The following is a general description of the labor, service, equipment or materials furnished or to be furnished by the undersigned: WATERWORKS WOR SEWERAGE. SUPPLIES 2. Estimated Price: $70,000.00 3. The name of the person who contracted for the purchase of that labor, service, equipment or materials is: SIDERIUS CONSTRUCTION 737 EGAN RD. Kalispell, MT 59901 4. The description of the jobsite is: DIAMOND RIDGE ESTATES 3 MILE DR. & SHELLAN WAY Kalispell, MT , County -of Flathead is is to inform you that HD SUPPLY WATERWORKS, LTD. has begun to provide WATERWORKS WOR SEWERAGE SUPPLIES rdered by SIDERIUS CONSTRUCTION for improvements• to property you own. The property is located at DIAMOND RIDGE ESTATES, MILE DR & SHELLAN WAY, Kalispell, MT . A Gen may be claimed for all services and materials furnished to you if this notice is given you within 20 days after the date on which the services or materials described are first furnished to you. If the notice is not given within at time, a Gen is enforceable for only the services or materials furnished within the 20-day period before the date on which the notice is *g'ivw. However, if a regulated lender has provided the funds for the services or materials described in this notice, the notice may be given *45 days after the date the services or materials are first furnished to you, if the notice is not given within that time, a lien is enforceable for only the services or materials furnished within the 45-day period before the date the notice is given. Even if you or your mortgage lender have made full payment to the contractor who ordered these services or materials, your property may still be subject to a lien unless the subcontractor or material supplier providing this notice is paid. THIS IS NOT A LIEN. It is a notice sent to you for your protection in compliance with the construction lien laws of the state of Montana. This notice has been sent to you by: -- - •tiD-SUPPLYWATERWORKS; LTD. 602 VALLEY AVE_ NE Puyallup, WA 98372-2618 TELEPHONE: Phone: (800) 884-5505 IF YOU HAVE ANY QUESTIONS ABOUT THIS NOTICE, PLEASE CALL US IMPORTANT INFORMATION FOR YOUR PROTECTION Under Montana's laws, time who work on your property or provide materials and are not paid have a right to enforce their claim for payment against your property. This claim is known as a construction lien. If your contractor fails to pay subcontractors or material suppliers or neglects to make other legally required payments, the people who are owed money may look to your property for payment, even if you have paid your contractor in fun. The law states that an people hired by a contractor to provide you with services or materials are required to give you a notice of the right to claim a lien to let you know what they have provided. 12/10/2007 NON 11:08 FAI 12538402232 NATIONAL WATERWORWINC, Z004/005 ,0,,,:J 2 0 $ W� WAYS TO PROTECT YOURSELF ARE: - RECOGNIZE that this notice of delivery of services or materials may result in a lien against your property unless all those supplying a notice of the right to lien have been paid. - LEARN more about the construction lien laws and the meaning of this notice by contacting an attorney or the firm sending this notice. - WHEN PAYING your contractor for services or materials, you may make checks payable jointly to the contractor and the firm furnishing services or materials for which you have received a notice of the right to claim a lien. - OBTAIN EVIDENCE that all firms from whom you have received a notice of the right to daim a lien have been paid or have waived the right to claim a lien against your property. - CONSULT an attorney, a professional escrow company, or your mortgage lender. I declare that I am authorized to file the Notice Of The Flight To Claim A Lien on behalf of the claimant I have read the foregoing document and know the contents and know the contents thereof,, the same is true of my own knowledge. 1 declare under penalty of perjury under ,laws of Montana that the foregoing is true and correct. Executed at MARYSVILLE on 05/3112007 for HD SUPPLY WATtRW610. 4 By: Phone: Phone: (800) $84-5505 Fax: Fax: (253) 840-2232 J SAt21EtS; T..: If PROOF OF SERVICE BY MAIL AFFIDAVIT 1, J SARKIS declare that I served copies of the above Notice Of The Right To Claim A Lien by First Class Certified Return Receipt Reques orksteredMail service, postage prepaid, addressed to each of the parties at the addresses shown above on 05/3112007.1 declare anderju under the laws of the State of Montana that the foregoing is true and correct By: / J SARKIS, AGENT 12/10/2007 MON 11:08 FAI 12538402232 NATIONAL WATERWORKS, INC. � 005/005 200'71US2 d `60 6 D Exhibit A - Property Description Owner: ALLEN W & VIRGINIA L RIESE Project: DIAMOND RIDGE ESTATES The following is a complete legal description, to the best of our knowledge, of the property to be liened. Information for this exhibit was obtained through the Recorder's Office where the property Is located, or from other sources. TRACT 3AD, CERTIFICATE OF SURVEY # 16340A TRACT 3ACA, CERTIFICATE OF SURVEY # 16340-3 & TRACT 3A6, CERTIFICATE OF SURVEY # 16341-2, ALL IN THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 12, TOWNSHIP 28 NORTH, RANGE 22 WEST, RECORDS OF FLATHEAD COUNTY, STATE OF MONTANA. --R-2 I f'� , , , ou i C or AG- -Tr-c )unV L--4 3 .. WILE-DRI- ............ ............ Rm=21PU ;County .may; �,:� 44 " SP. b co co ... YY)NDOVER HILL oun ....... ..... ....... ....Cvu ........... ....... BDIVJ N SIO im R 0 .... ......... ....... .......... ........... ....... oU- nt-V�., ;--V ........ .. VICINITY MAP SCALE 1" - 350' ALLEN & VIRGINIA RIEBE, WILLIAM & CINDY RIEBE AND POLLY WEBSTER REQUEST FOR ANNEXATION & INITIAL ZONING OF R-2 SINGLE FAMILY RESIDENTIAL) FROM COUNTY R-1 SUBURBAN RESIDENTIAL) DISTRICT - FILED CONCURRENTLY WITH A PRELIMINARY PLAT PlM DATE 5/3/fM FILE # KA-06-04 H.\gis\site\kaO6-4.d-g •f.�'"". ,XUAFAA, .. PM MM W <s fOb OVA" A W aroMM auaw ewe ermrm ac N LEGEND ® amaw co•iew.eb Toren • - � callr•xf]liormJ • rt]no ur-we•rx n »»s o bertaur-les]n •rnl rwwmr ew aawae el�o3 »ss-a tOt i SNELLAN AAY KARA R�— ti PLATS . DIAMOND RIDW ESTATES A r IV THE NW14NH7/4 = 4 T.2ft R22W PM A( FGArWAD CWW MONMA HY mm�ma mm r.w. �m pIRE1 MG SKY HawsgrMg ADN7DV .D m ; - m. �.r.. AYq 1..m.ea. m• . rq r im.mtm mW�ema Y.m.P`M,.m�mru mq rr.. uri ariW�� m• �nm � r ss m .r mue.+l. nq a�a`:iP mq+ ouqut �ri'�u0y`i ym��r�]tl brbt.sw.. rps P M ]r.Wmus� J�`m]m..4 lmi` w.amrl] . i d.�rYm. Y .ssaom tlu W �rP.9 L�IXq �]`mlLnu`.r rVM 61m! a vrLmrN`i m` W m�imN.~j s wu� Hmv lal icy" ..ifm.Ptlu �mem. m wIXw. .r.m yr....tP.•R n L. tlrlr1V IXr�aem4 [.Ly.it ewr �sm�wm �a l.omu�. 4 m. yi eW tetra am q.emens s1m a.lpv aRUIOa a J3JJSR mOB91. Jfla6 lfOM ' +w•ov®�G ]m� lo.l aro rob .yb. �w •na v rfs,anu / lard] a ru]mw n � - el.m..f oif5q etJ]] f wbma.r y] se.i]roue •..er• •.. _ -.. . 1�Erf0iFlSl�EiT City of Kalispell Planning Department 17 - 2°d Street East, Suite 211, Kalispell, Montana 59901 Telephone: (406) 751-1850 Fax: (406) 751-1858 Website: kalispellplanning.com REPORT TO: Kalispell Mayor and City Council FROM: Sean Conrad, Senior Planner James H. Patrick, City Manager SUBJECT: Wolford Development Montana, LLC -Annexation and Initial Zoning of R-3 (Urban Single Family Residential), R-4 (Two Family Residential), B- 1 (Neighborhood Buffer District), and B-3(Community Business) MEETING DATE: January 22, 2008 BACKGROUND: The Kalispell City Planning Board met on November 27, 2007 and held a public hearing to consider a request for annexation of a 485.5 acre project site into the city of Kalispell with four zoning districts placed on the project site; B-3, B-1, R-4, and R-3. The 485.5 acre project site is located above West Reserve Drive and spans the distance between Highway 93 North and Whitefish Stage Road. The project site is generally bounded by Glacier Memorial Gardens Cemetery, the Stillwater River, West Reserve Drive and Semi tool along its southern boundary, Highway 93 North along it's western boundary, Whitefish Stage Road along it's eastern boundary and a combination of state owned land and lands within the city and county along it's northern boundary. The 485.5 acre project site includes assessor's tracts 2C, 2D, 6A, 1, 3, 4, 1B, 1C, 1CA, 1E, 1F, 1G, 2C, 2CA and is located within portions of Sections 19 and 30 of Township 29 North, Range 21 West, Principle Meridian, Flathead County, Montana. After the public hearing the board discussed the project proposal and unanimously recommended the city council approve the requested initial zonings of R-3, R-4, B-1, and B-3 for the 485.5 acre project site. RECOMMENDATION: A motion to approve the resolution annexing the property and approve the first reading of the ordinance for initial zoning of R-3 (Urban Single Family Residential), R-4 (Two Family Residential), B- 1 (Neighborhood Buffer District), and B- 3(Commurity Business) would be in order. FISCAL EFFECTS: Positive impacts once fully developed.