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Staff Report/Final PlatCity of Kalispell Planning Department 17 - 2"4 Street .East, Suite 211. Kalispell, Montana 59901 Telephone: (406) 751-1850 Fax: (406) 751-1858 Website: kalispellplannin8.eom REPORT TO: FROM: Kalispell Mayor and City Council Narda Wilson, Senior Planner James H. Patrick, City Manager Final Plat for Cottonwood Park Subdivision MEETING DATE: September 19, 2005 BACKGROUND: This is a request for final plat approval of Cottonwood Park Subdivision that plats 39 lots consisting of 31 single family lots and 8 townhouse lots on approximately ten acres. This subdivision is located at the northwest corner of Stillwater Road and Three Mile Drive. Most of the required infrastructure has been completed and constructed in accordance with City standards. The remaining improvements are being addressed with a subdivision improvements agreement and a letter of credit in the amount of 125 percent of those costs totaling $11,640. It is anticipated that the remaining improvements will be completed by July 31, 2006 in accordance with the agreement. A park has been dedicated and approximately $20,000 in park improvements is included in the SIX When the property was annexed into the city and given an R-3, Urban Single Family Residential zoning designation, the subdivision was given preliminary plat approval by the Kalispell City Council on April 4, 2005 subject to conditions. Subsequently a conditional use permit was granted allowing the conversion of four single family lots into four two unit townhouse lots subject to the same conditions as the preliminary plat. A list of the conditions of preliminary plat approval for this subdivision and a discussion of how they have been met or otherwise addressed is included with the transmittal letter attached. RECOMMENDATION: A motion to accept the subdivision improvements agreement and approve the final plat for Cottonwood Park Subdivision 4 would be in order. FISCAL EFFECTS: Potential positive impacts once developed. ALTERNATIVES: As suggested by the City Council. Cottonwood Park Subdivision August 31, .2005 Page 2 Respectfully submitted, Narda A. Wilson Senior Planner Report compiled: September 14, 2005 4ityy es H. atrick Manager Attachments: Letter of transmittal Vicinity map Final plat Final plat application and supporting documents REPORTS/KALiSPELL/2005/KFP/KFP-05-14 MEMO 2 SUBDIVISION IMPROVEMENT AGREEMENT THIS AGREEMENT, made and entered into this ___ _ day of __, 2005, by and between the CITY COUNCIL, CITY OF KALISPELL, MONTANA, Flathead County, Montana, Party of the First Part and hereinafter referred to as the CITY, and Andrew and Tricia Silvers, located at 2665 Farm to Market Road, Kalispell, Montana, 59901, Party of the Second Part and hereinafter referred to as DEVELOPER. WITNESSETH: THAT WHEREAS, the Developer is the owner of a new subdivision known as "COTTONWOOD PARK", located in Section 2, T28N, R22W, PM,M, Flathead County and, WHEREAS, the city has conditioned it's approval of the final plat of "COTTONWOOD PARK", 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 or the contractor included herewith as "Exhibit B", and WHEREAS, the estimated total cost of construction of said improvements is the sum of $89,312.00. 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, City of Kalispell, Montana, in the amount of $111,640.00. Said fetter 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 $111,640.00, the estimated cost of completing the required improvements in "COTTONWOOD PARK". b. That if the Developer fails to complete the specified improvements within the required period, the creditor will pay the City immediately, and without further action, such funds as are necessary to finance the completion of those improvements up to the limited of credit stated in the letter; 2. That said required improvements shall be fully completed by JULY 31, 2006. 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 have 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 here v-re w TRICILLL. SI EIR STATE OF MON ANA ) SS COUNTY OF F1 head ) On this _� day of __i._✓, 2005, before me, a Notary Public for the State of Montana, personally ppppee�a�red ANDREW H. and TRICIA L. SILVERS, husband and wife and known to me to be the persons whose names are subscribed to the foregoing instrument and acknowledged to me that they executed the same. IN WITNESS WHEREOF, I have he t i day and year first above written .F TAnIi� jamis H. $urtonw f �SIAL,No ary Public for the State of Montan '�Re iding at Kalispell, Montana4� M�Commission Expires 6/18/2007 OF; CAS CITY COUNCIL, CITY OF KALISPELL, MONTANA City Clerk and affixed my Notarial By: ----------------------------------- By: Deputy ATTEST: ENGINEERS ESTIMATE OF CONSTRUCTION PROGRESS 9/15/2005 Cottonwood Park Subdivision Flathead County, Montana City of Kalispell, Montana Exhibit A Exhibit B ITEM EST. TOTAL COST % COMP REMAIN 1. Roads a. Exc and Grade to Subbase $ 57,000 95% $ 2,850 b. Base, Crush Rock $ 31,500 100% $ c. Paving $ 42,336 45% $ 23,285 d. Site Concrete/Lights and Bases $ 21,000 100% $ e. Curbs/Gutters $ 33,000 100% $ - f. Sidewalks $ 42,600 100% $ 2. Bike Path a. Base & Cashion $ 4,295 0% $ 4,295 b. Pavin $ 10,192 0% $ 10,192 3. Sewer a. Manholes & 8" Sewer $ 51,200 100% b. Services $ 17,550 100% $ - c. Lift Station & F.M. $ 72,000 91% $ 6,480 4. Water a. 8" Water Mains $ 38,480 100% $ - b. 8" Valves $ 8,800 100% $ c. 6" Hydrants wNalves $ 15,000 100% $ d. Services $ 19,500 100% $ - 5. Storm Water a. 8" Mains $ 6,200 100% $ b. Catch Basins $ 4,500 100% $ - c. Manholes & Separators $ 13,200 100% $ d. Retention Basins 6. Postal Service a. Mailboxes & Mounting $ 2,500 0% $ 2,500 7.Si na e a. Street Signs $ 2,400 100% $ b. Traffic Signs $ 1.600 100% $ S. Landscape a. Trees $ 14,490 0% $ 14,490 b. Seed & Topsoil $ 8,700 40% $ 5,220 9. Utilities a. Electric $ 32,402 100% $ - b. Gas $ 9,306 100% $ - c. Tole hone $ 9,707 100% $ - d. Cable $ - $ - e. Trench, Condait &Vaults $ 29,600 100% $ - 10. Park Improvements $ 20,000 0% $ 20,000 Subtotal $ 619,058 86% S 89,312 Based on Combined Totah Remaining to Complete $ 89,312 Based on Combined Total:Security Amount Required x 1.25 1 $ 111,640 Thee ::.__ .... . ;: Rive r s Three Rivers Bank of. Montana is a place where you can still know your banker, get personalized attention and quick answers because Ba n k were independently owned and locally operated. of A•I REVOCABLE STANDBY LETTER OF CREDIT �AA�,ffUntatle'1 1. Letter of Credit No. 09� 105A Dated: 09 16 05 Expiration Date: 09 30 06 Amount: $111,640.00 Kalispell City Council City of Kalispell P.O. Box 1997 Kalispell, Mt. 59903 We hereby establish in your favor an irrevocable letter of credit up to an aggregate amount of Nine hundred ninety-two thousand two hundred fifty and no/100 dollars ($111,640.00) at the request of Andy H. Slivers & Trida L. Silvers. If, Andy H. Slivers & Tricia L. Silvers should fail to complete the specified improvements, in the Cottonwood Park Subdivision within the time period set forth in the attached Improvements Agreement, we will pay on demand your draft or drafts for such funds, to the limit of credit set forth herein, as are required to complete said improvements. All drafts must indicate the number and date of this letter of credit and be accompanied by a signed statement of an authorized official that the amount is drawn to install improvements not installed in conformance with the Improvements Agreement and specifying the default or defect in question. All drafts must be presented prior to the expiration date stated above, and this letter of credit must accompany the final draft for payment. This letter may not be withdrawn or reduced in any amount prior to its expiration date except by your draft or written release. THREE RIVERS BANK OF MONTANA BY: ohn R. King, esid t /CEO I, Ronald W. Sears, certify that I am the Consumer Loan Manager of Three Rivers Bank. of Montana; and that John R. King, who signed this Letter of Credit on behalf of said Corporation, was then President of the said Corporation by authority of its governing body and is within the scope of its Corporate Powers. 04 Roncild W. Sears, CLM 13,anh: 2.33 F. Idaho - P. 0. Box 7250 - Kahspeli, MT 59904-0250 - 406-755-4271 - Fax.406-257-0219 - .1.-800-772-7968 t_ r. ' a—, .jla :i<: 552 \. Meridian Road - :Kalispell, ,,,rr 59901. - 406-755-5432 - rax 406-.257-0212 MEMBERF.W.C. www.threeriversbazzkmoiitana.com ..w.,i City of Kalispell Planning Department 17 - 2-d Street .East, Suite 211, Kalispell, Montana 59901 Telephone: (406) 751-1850 Fax.: (406) 751-1858 ebsite: kalispellplanning.com September 14, 2005 Mr. James Patrick, City Manager City of Kalispell P.O. Drawer 1997 Kalispell, MT 59901 Re: Final Plat for Cottonwood Park Subdivision. Dear Jim: Our office has received an application for final plat approval of Cottonwood Park Subdivision that plats 39 lots consisting of 31 single family lots and S townhouse lots on approximately ten. acres. This subdivision is located at the northwest corner of Stillwater Road and Three Mile Drive. Most of the required infrastructure has been completed and constructed in accordance with City standards. The remaining improvements are being addressed with a subdivision improvements agreement and a letter of credit in the amount of 125 percent of those costs totaling $11,640. It is anticipated that the remaining improvements will be completed by July 31, 2006 in accordance with the agreement. A park has been dedicated and approximately $20,000 in park improvements is included in the SIA. When the property was annexed into the city and given an R-3, Urban Single Family Residential zoning designation, the subdivision was given preliminary plat approval by the Kalispell City Council on April 4, 2005 subject to conditions. Subsequently a conditional use permit was granted allowing the conversion of four single family lots into four two unit townhouse lots subject to the same conditions as the preliminary plat. The following is a list of the conditions of preliminary plat approval for this subdivision and a discussion of how they have been met or otherwise addressed. COMPLIANCE WITH CONDITION'S OF APPROVAL Condition No. 1 That the development of the site shall be in substantial compliance with the application submitted, the site plan, materials and other specifications as well as any additional conditions associated with the preliminary plat as approved by the city council. (Kalispell Subdivision Regulations, Appendix C -- Final Plat) . Cottonwood Park Subdivision September 14, 2005 Page 2 • This condition has been met. The final plat complies with the preliminary plat that was approved. Condition No. 2 That the plans and specifications for all public infrastructure be designed and installed in accordance with the Kalispell Design and Construction Standards and a letter shall be obtained stating that they have been reviewed and approved by the Kalispell Public Works Department. (Kalispell Subdivision. Regulations, Chapter 3, Design Standards, Section 3.01). This condition has been met. A letter from the Kalispell Public Works Department dated 7/25/05 approving the infrastructure plans has been submitted with the final plat. Condition No. 3 That a minimum 20-foot buffer strip shall be established along Three Mile Drive and along Stillwater Road between the roads and the subdivision that would include a bike and pedestrian trail and buffering in the form of berming or landscaping or both. These improvements are to be coordinated with the Kalispell Public Works Department, Parks and Recreation Department, Flathead County Road Department and Montana Department of Transportation. This condition has been adequately addressed. Most of the bike and pedestrian path has been completed with the remaining improvements being covered under the subdivision improvements agreement. Condition No. 4 Lot 7 which has a substantial part of the building pad located in the 100 year floodplain be eliminated and the lots to the south be shifted to the north so that the building pad for Lot 1 will be entirely out of the floodplain. (Kalispell Site Development Review Committee) • This condition has been met. The lots have been rearranged so that there are no lots in the 100 year floodplain. Condition No. 5 Demonstrate that development within the 40 by 40 foot building area for proposed Lot 36 can be achieved without disturbance or filling the 100 year floodplain area and that the required setbacks can be net. (Kalispell Site Development Review Committee) • This condition has been met. A detailed sketch indicating; a 40 by 40 foot building area has been submitted with the final plat. Condition No. 6 That a pedestrian access be developed to access the park area from the north where Lot 7 would have been previously located. (Kalispell Site Development Review Committee) • This condition has been adequately addressed. A pedestrian path has been indicated on the plat at the north end of the subdivision where Lot 7, now Lot 6, is located. Cottonwood Park Subdivision September 14, 2005 Page 3 Condition No. 7 That a letter be obtained from the Kalispell Parks and Recreation Director approving a landscape plan for the placement of trees and landscaping materials within the five foot landscape boulevard developed between the curb and the sidewalk. (Kalispell Subdivision Regulations, Section 3.11). This condition has been met. A letter from the Kalispell Parks and Recreation Department dated 8/23/05 approving a plan for landscaping has been submitted with the final plat. Condition No. 8 That the area designated on the plat as "park" shall satisfy in part the requirements for parkland dedication and shall be developed in accordance with a plan approved by the Kalispell Parks and Recreation Director that provides recreational amenities including but not limited to pedestrian access, irrigation, landscaping and play equipment so as to provide a recreational component within the development and not simply left as passive open space. The developer shall attempt to coordinate with the developer of Blue Heron Estates and the Kalispell Parks and Recreation Department to develop a park that is integrated with the park development plans for Blue Heron Estates to the west. (Kalispell Subdivision Regulations, Section 3.19). This condition has been adequately addressed. A letter from. the Kalispell Parks and Recreation Department dated 9/ 12/05 outlining a plan for park improvements and the estimated cost of the improvements has been submitted with the final plat. The cost of the park improvements has been included in the subdivision improvements agreement. Condition No. 9 The following requirements shall be met per the Kalispell Fire Department: (Kalispell Subdivision Regulations, Section 3.20). a. Water mains designed to provide minimum fire flows shall be installed per City specifications at approved locations. Minimum fire flows shall be in accordance with the International Fire Code (2003) Appendix B. 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 International Fire Code (2003) Section 503. d. Due to project phasing it should be noted that hazardous weed abatement shall be provided in accordance with City of Kalispell Ordinance 10-8. e. It is recommended that consideration be given to annexation of Three Mile Drive and Farm to Market Road adjacent to the public right-of-way. • This condition has been met. A letter from the Kalispell Fire Department dated 4/4/2005 approving the subdivision has been submitted with the final plat. Condition No. 10 The roads within the subdivision shall be named and signed in accordance with the policies of the Kalispell Public Works Department and the Cottonwood Park Subdivision September 14, 2005 Page 4 Uniform Traffic Control Devices Manual and be subject to review and approval of the Kalispell Fire Department. A letter shall be obtained from the Kalispell Public Works Department stating the naming and addressing on the final plat have been reviewed and approved. (Kalispell Subdivision Regulations, Section 3.09). This condition ha been adequately addressed. Signage has been included in the subdivision improvements agreement. Condition No. I I All existing and proposed easements shall be indicated on the face of the final plat. Utility easements for City water and sewer shall be provided to allow for the logical extension of utilities from this subdivision to adjoining properties. A five foot utility easement be placed behind the right-of-way along all lots to allow for the placement of utilities minus City sewer and water. The placement of utilities should be coordinated with the respective utility companies prior to construction. A letter from the Kalispell Public Works Department shall be obtained stating that the required easements are being shown on the final plat. (Kalispell Public Works Department). • This condition has been met. The required easements have been indicated on the face of the final plat. Condition No. 12 After the construction and installation of utilities are completed, the developer shall insure that all property corners are replaced by a licensed surveyor that might have been disturbed during construction. In locations where there is a conflict such as an electrical pad, an offset marketer shall be placed and recorded on the final plat. (Kalispell Public Works Department). • This condition has been adequately addressed. Required monumentation will be completed upon completion of the final site work. Condition No. 13 The developer shall provide a letter from the U.S. Postal Service approving the plan for mail service. (Kalispell Subdivision Regulations, Section 3.22). • This condition has been met. A letter from the USPS not dated has been submitted with the final plat. Condition No. 14 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 has been adequately addressed. The street lights have been purchased from FEC and the paid invoice included with the final plat application. Condition No. 15 All utilities shall be installed underground. (Kalispell Subdivision Regulations, Section 3.17). • This condition has been met. Utilities have been installed underground as verified by an on -site inspection. Cottonwood Park Subdivision Septernber 14, 2005 Page 5 Condition No. 16 That a minimum of two-thirds of the necessary infrastructure for this subdivision shall be completed prior to final plat submittal. • This condition has been met. Improvements in excess of two thirds have been completed prior to final plat submittal. Condition No. 17 The base flood elevation of the 100 year floodplain be delineated, along with the elevation, and be indicated on the final plat. • This condition has been met The 100 year floodplain has been shown on the face of the final plat along with the BFE. Condition No. IS All areas disturbed during development of the subdivision shall be re -vegetated with a weed -free mix immediately after development. • This condition has been adequately addressed. Seeding has been included in the subdivision improvements agreement. Condition No. 19 A note shall be placed on the face of the final plat which waives protest to the creation of a special improvement district for upgrade of roads in the area to City standards which are impacted by this subdivision. • This condition has been met. The required note has been placed on the face of the final plat. Condition No. 20 That preliminary plat approval shall be valid for a period of three years from the date of approval with an automatic two year extension as each phase of the subdivision plat has been completed and filed if the subdivision is phased. (Kalispell Subdivision Regulations, Section 2.04). • This condition has been met. The final plat has been submitted prior to the expiration of the preliminary plat. COMPLIANCE WITH APPROVED PRELIMINARY PLAT The final plat is in substantial compliance with the amended preliminary plat which was reviewed and approved by the City Council on June 6, 2005. COMPLIANCE WITH THE SUBDIVISION REGULATIONS: This subdivision plat has been found to be in compliance with the State and City Subdivision Regulations. Cottonwood Park Subdivision September 14, 2005 Page 6 COMPLIANCE WITH THE ZONING REGULATIONS This subdivision can be found to be in compliance with the Kalispell Zoning Ordinance and the R-3, Urban Single Family Residential, zoning designation and the conditional use permit for the creation of the townhouses for the property which governs the dimensional requirements of the lots within the subdivision as well as the uses. RECORMIENDATION: All of the conditions of preliminary plat approval have been met or otherwise adequately addressed. The staff would recommend that the Kalispell City Council approve the final plat for Cottonwood Park Subdivision. Please schedule this matter for the regular city council meeting of September 19, 2005. Sincerely, Narda A. Wilson Senior Planner NW/ Attachments: Vicinity map 1 opaque mylars of final plat 1 reproducible mylar of final plat 1 copy of final plat Ltr from Jackola Engineering dated 8/26/05 Final plat application dated 8/23/05 Ltr from MDEQ dated 4/25/05 Ltr from MDEQ dated 5/4/05 Ltr from public works dated 7/25/05 Ltr from public works dated 7/25/05 Ltr from Fire Department dated 4/4/05 Ltr from Kalispell Parks and Rec dated 8/23/05 Ltr from Kalispell Parks and Rec dated 9/ 12/05 Ltr from USPS no date Floodplain sketch for Lot 36 Ltr from Andy Silvers dated 8/23/05 Treasurer's certification dated 8/24/05 Title report dated 8/ 16/05 Consent to plat from Three Rivers Bank dated 8/23/05 Ltr from public works dated 9/ 13/05 Ltr from Jackola Eng certifying improvements dated 9 / 12 / 05 Subdivision improvements agreement no date Cottonwood Park Subdivision September 14, 2005 Page 7 Letter of credit $ 111,640 from Three Rivers Bank dated 9/ 16/05 Utility documentation Covenants, conditions and restrictions Reduced plat showing subdivision Cc/w att Theresa White, City Clerk Jim Burton, Jackola Engineering, Box 1134, Kalispell, MT 59903 Andy & Tricia Silvers, 2665 Farm to Market Rd, Kalispell, MT 59901 August 26, 2005 Mr. Tom Jentz City of Kalispell. Planning Department 17 Second Street East Kalispell, Montana 59901 Re: Final. Plat Application Cottonwood Park Subdivision Sec. 2, T28N, R22W, PM,M, Flathead County Dear Mr. Jentz: Enclosed is our Application for Final Approval for the above referenced Subdivision. Conditions of Preliminary Plat Approval, are as follows: 1. That the development of the site shall be in substantial compliance with the application submitted, the site plan, materials and other specifications as well as any additional conditions associated with the preliminary plat as approved by the city council. Plat is in compliance 2. That the plans and specifications for all public infrastructures be designed and installed in accordance with the Kalispell Design and Construction Standards and a letter shall be obtained stating that they have been reviewed and approved by the Kalispell Public Works Department. A portion of this is being bonded. (P)406.755.3208 (F)406.755.321 8 Fo aoxi 1 34 -1 E130 3" AVE E SUITE 302, KALISPELL,MT.59901 3. That a minimum 20--foot buffer strip shall be established along Three Mile Drive and along Stillwater Road between the roads and the subdivision that would include a bike and pedestrian trail and buffering in the form of berming or landscaping or both, These improvements are to be coordinated with the Kalispell Public Works Department, Parks and Recreation Department, Flathead County Road Department and Montana Department of Transportation. Bike Path is being bonded 4. Demonstrate that development within the 40 by 40 foot building area for proposed Lot 35 can be achieved without disturbance or filling the 100 year floodpl.ain area and that the required setbacks can be met. See enclosed blow-up drawing showing 401x40' and floodplain boundary. 5. That a letter be obtained from the Kalispell Parks and Recreation Director approving a landscape plan for the placement of trees and landscaping materials within, the five foot landscape boulevard development between the curb and the sidewalk. See enclosed letter, trees and landscaping is being bonded and will be done next spring. G. That the area designated on the plat as "park" shall satisfy in part the requirements for parkland dedication and shall be developed in accordance with a plan approved by the Kalispell Parks and Recreation Director that provided recreational amenities including but not limited to pedestrian access, irrigation, landscaping and play equipment so as to provide a recreational component within the development and not simply left as passive open space. The developer shall attempt to coordinate with the developer of Blue Heron Estates and the Kalispell Parks and Recreation Department to develop a park that is integrated with the park development plans for Blue Heron Estates to the west. (P)406.755.320B (F)406.755.321 S P❑ BOX 134 -1830 3" AVE E SWTE 302, KALI SPELL, MT. 59901 Irrigation, playground equipment and landscaping is being bonded. 7. The following requirements shall be met per the Kalispell Fire Department. a. Water mains designed to provide minimum fire flows shall be installed per City specifications at approved locations. Minimum, fire flows shall be in accordance with the International Fire Code (2003) Appendix 8. 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 international Fire Code (2003) Section 503. d. Due to project phasing it should be noted that hazardous weed abatement shall be provided in accordance with City of Kalispell Ordinance 10--8. e. It is recommended that consideration be given to annexation of Three Mile Drive adjacent to the public right--of-way. See enclosed letters from Engineer, Fire Department and Landowner 8. 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. A letter shall be obtained from the Kalispell Public Works Department stating the naming and addressing on the final plat have been reviewed and approved. See enclosed letter (P)406.755.321115 1F14©6.755.321 8 P❑ Box 1 34 -1830 3" AVE E SUITE 302, KALIS5PELL,MT,59901 9. All existing and proposed easements shall be indicated on the face of the final plat. Utility easements for City water and sewer shall be provided to allow for the logical extension of utilities from this subdivision to adjoining properties. A five foot utility easement be placed behind the right-of- way along all lots to allow for the placement of utilities minus City sewer and water. The placement of utilities should be coordinated with the respective utility companies prior to construction. A letter from the Kalispell Public Works Department shall be obtained stating that the required easements are being shown on the final plat. See enclosed letter 10. After the construction and installation of utilities are completed, the developer shall insure that all property corners are replaced by a licensed surveyor that might have been disturbed during construction. In locations where there is a conflict such as an electrical pad, an offset marker shall be placed and recorded on the final plat. Property pins will be set as soon as all preliminary site work is done. 11. The developer shall provide a letter from the U.S. Postal Service approving the plan for mail service. See enclosed letter 12, Street lighting shall be located within the subdivision and shall be shielded so that it does not .intrude unnecessarily onto adjoining properties. Street lights have been purchased and will be installed by Flathead Electric Co-op (see enclosed receipt) 13. All utilities shall be installed underground. Water and sewer is in, electricity, cable, phone and gas have been. paid for and the related companies will install. (see enclosed receipts) {P)40£..755.3208 (F)405.755.321 s Po Box 1 34 -1 s3o 3"D AVE E SUITE 302, KALISPE",MT. 59901 14. That a minimum of two-thirds of the necessary infrastructure for this subdivision shall be completed prior to final plat submittal. See enclosed Special Improvements Agreement. 15. The base flood elevation of the 100 year floodplain be delineated, along with the elevation, and be indicated on the final plat. On face of final plat 16. All areas disturbed during development of the subdivision shall be re -vegetated with a weed -free mix immediately after development. See enclosed Landowners letter 17. A note shall be placed on the face of the final plat which waives protest to the creation of a special improvement district for upgrade of roads in the area to City standards which are impacted by this subdivision. On face of final plat 18. That preliminary plat approval shall be valid for a period of three years from the date of approval with an automatic two year exterxsion as each phase of the subdivision plat has been completed and filed if the subdivision is phased. This condition is met (approved Resolution No. 5019 on June 6, 2005.) Should you have any questions, please do not hesitate to contact me. Thank you. 1 remain . JHB/jb. Enc. ncerely, ames H. Burton f 1Pl406.755.3208 (V)406.755.321 B PO BOX 134 -1830 3" AVE E SUITE 302, KALISPELL,MT. 59901 City of Kalispell Planning Department 17 - 2"' Street East, Suite 211, Kalispell, Montana 59901 Telephone: (406) 751-1850 Fax: (406) 751-1858 FINAL PLAT APPLICATION Project /Subdivision Name: rk Contact Person.: Owner & Mailing Address: Date of Preliminary flat Approval: J (.t. fie 60 '2trs- Type of Subdivision: Residential Andustrial Commercial PUD Other Total Number of Lots in Subdivision -3`7 Land in Project (acres) 0, 000 rt-, Parkland (acres) . /45AC. Cash -in -Lieu $ Exempt No. of Loots by Type: Single Family 3 j Townhouse $ Mobile Horne Park Duplex Apartment Recreational Vehicle Park Commercial Industrial Planned Unit Development Condominium Multi -Family Other Legal Description of the Property ' qG Z Z yYl FILING FEE ATTACHED $ 4 0--a- Minor Subdivision with approved preliminary plat $400 + $100/lot Major Subdivision with approved preliminary plat $650 + $100/lot Subdivisions with Waiver of Preliminary Plat $600 + $100/lot Subdivision Improvements Agreement $ 50 Attached Not Applicable (1i UST CHECK ONE1 Health Department Certification (Original) �►' Title Report (Original, not more than 90 days old) Tax Certification (Property taxes must be paid) Consent(s) to Plat (Originals and notarized) .Y Subdivision Improvements Agreement (Attach collateral) k Parkland Cash -in -Lieu (Check attached) 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 lands the application is complete, the staff will submit a report to the governing body. The governing body must act within 30 days of receipt of the revised preliminary plat application and staff report. Incomplete submittals will not be accepted and will not be forwarded to the governing body for approval. Changes to the approved preliminary plat may necessitate reconsideration by the planning board. I certify that all information submitted is true, accurate and complete. I understand that incomplete information will not be accepted and that false information will delay the application and may invalidate any approval. The signing of this application signifies approval for Kalispell Planning staff to be present on the property for routine monitoring and inspection during the approval and development process. **NOTE: Please be advised that the County Clerk & Recorder requests that all subdivision final plat applica ' ns be accod with a digital copy. Owner(s) Signature Date **A digital copy of the final plat in a Drawing Interchange File (DXF) format or an AutoCAD sale 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 N MontanaDepartment of ENVIRONMENTAL QUALITI P.O. Box 200901 - Helena, MT 59620-0901 April 25, 2005 Jackola Engineering & Architecture PO Box 1.134 Kalispell MT 59903 Dear Sir or Madam: Brian Schweitzer, Governor . (406) 444-2544 - www.deq.mt.gov ,: CucLuitwUotF 1. aTk Municipal Facilities Exclusion EQ#05-25 51 City of Kalispell 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 mast 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 mailed to DEQ, Public Water Supply Section, Kalispell Office for their review. Sincerely, Janet Skaarland Compliance Technician Subdivision Section Water Protection Bureau (406) 444-1801 — email jskaarland@state.mt.us cc: City Engineer County Sanitarian file Enforcement Division • Permitting a& Con3Pii2nce )division • Planning, Prevention & Assistance Division • Remediation Division AW Montana Department of ENVIRONMENTAL QUALITY Judy Martz, Governor 109 Cooperative Way - Suite 1.05 - Kalispell, NIT 59901-2389 - (:406) 755-8985 - FAX (:406) 755-8977 Thor A. Jackola, P.E. Jackola Engineering, P.C. P.O. Box 1134 Kaliaspell, MT 59901 May 4, 2005 RE: Cottonwood Park Subdivision Water and Sevier Extensions; EQ#05-2551 Dear Mr. Jackola: Plans and specifications for the above -referenced project have been reviewed by personnel with the Permitting & Compliance Division utilizing the certified checklist procedure and DEQ-2. The plans and specifications are hereby approved. One set of plans and specifications bearing the approval stamp of the Department of Environmental Quality is enclosed. Approval is based on plans and specifications received April 21, 2005 under the seal of: Thor A. Jackola, P.E.# 3335PE. Approval is also given with the understanding that any deviation from the approved plans and specifications will be submitted to the Department for reappraisal and approval. Within 90 days after the project has been completed the project engineer shall certify to the Department that the project was inspected and found to be installed in accordance with the plans and specifications approved by the Department. This certification shall be accompanied by a set of "as -built" record drawings signed by the project engineer. It is further understood that construction will be completed within three years of this date. If more than three years elapse before completing construction, plans and specifications must be resubmitted and approved before construction begins. This three-year expiration period does not extend any compliance schedule requirements pursuant to a Department enforcement action against a public water or sewage system. Please be aware that this project may need a storm water general permit. Please contact the Water Protection Bureau at 406-444-3080 for more information. Sincerely, ✓ lter ;ii�id , nvironmental Engineer lic Water1 Section. Pub pp y Public Water Supply and Subdivisions Bureau cc: Andy Silvers City of Kalispell PWD Flathead County Sanitarian File Centralized Services Division • Enforcement Division - Permitting sX Compliance Division • Planning, Prevention & Assistance Division • Remesiiation Division {City of Kalispell Public M F Post Office Box 1997.. Kalispell, .Montana 59903-1997 - Telephone (406)758-7720, Fax (406)758-7831 July 25, 2005 Environmental Health Services Flathead City -County Health Department 1035 First Avenue West Kalispell, Montana 59901 Attention: Dick Montgomery, P.E. RE: Cottonwood Park Subdivision -- Plans Revised 07-19-05 Routing Blue Heron, Phase 3 Kalispell, Montana Dear Dick, This letter is to confirm that the City of Kalispell has reviewed and approved the plans and specifications prepared by Jackola Engineering, P.C., for the referenced project. The Kalispell water and sanitary sewer systems have adequate capacity to serve the project. Please feel free to call if you have any questions. Sincerely, 0- Frank Castles, P.E. Assistant City Engineer cc: Thor Jackola, P.E. Jackola Engineering, P.C. City of Kalispell Public Works Department Post Office Box 1997, Kalispell. Montana 59903-1997 - Telephone (406)758- 7 720, Fax (406)758-783 ]. July 25, 200 Jackola Engineering, P.C. P.O. Box 1134 Kalispell, Montana 59903 Attention: Thor Jackola, P.E. RE: Cottonwood Park Subdivision — Plans Revised 07-19-05 Routing Blue Heron, Phase 3 Kalispell, Montana Dear Thor. The construction plans and supporting documents for the referenced project are hereby approved. Attached is your copy of the letter of approval sent to the Flathead City -County Health Department. We look forward to working with you on this project. Sincerely, Frank Castles P.E. Assistant City Engineer Attachment: As Stated i i Uhl 11,14 Randy Brodehl - Fire Chief April 4, 2005 Jackola Engineering and Architecture Attn: Bob Erickson 1830 3`d Ave E Kalispell, MT 59901 Re: Andy Silvers Cottonwood Park (Fire Hydrants) Dear Mr. Erickson: 3.12 First Avenue Fast Kalispell, Montana 59901 (406)758-7760 PAX: (406) 758-7952 I have reviewed the design information that was submitted on the above referenced project. The fire hydrant locations are acceptable as located. Fire -flow for this project is required to meet the provisions of the 2003 International Fire Code. It is my understanding that all construction in this area is limited to one and two family dwellings, presumably less than 3600 square feet in size. A minimum fire -flow of 1000 gallons per minute, with a residual pressure of 20 psi, is required. This is a standard requirement for all developments with one and two family dwellings, up to 3600 square feet in size. Structures other than one and two family dwellings (i.e. commercial buildings) and those greater than 3600 square feet will require 1500 gallons per minute as a minimum — in this case, the size of the building and type of construction determine the actual fire -flow requirement. Feel free to contact me if you have any questions. Sincerely, F. Ray Ruffatto Acting Deputy Fire Marshal Kalispell Fire Department "Assisting our community in reducing, preventing, and mitigating emergencies. " of Ka1,r��e�l a Parks and Remation August 23, 2005 Andy Silvers P O Box 5181 Kalispell MT 59903 35 1 s' Ave East — P O Box 1997 — Kalispell MT 59903-1997 Phone: (406) 758-7718 Fax: (406) 758-7719 Email: parknrec@kalispell.com Re: Cottonwood Park Subdivision Dear Mr. Silvers: This letter is to serve as approval on the proposed landscaping plans submitted for Cottonwood Park Subdivision. It is agreed that you will be responsible for bonding for landscaping improvements for this 35 lot subdivision including approximately 63 boulevard trees of a 2 " caliper (of an approved species from the Kalispell Parks department planting list) and 5' wide hyrdo-seeded boulevards as per the plan. It was agreed that the developers would plant the required boulevard trees to city standards at a later date when tree planting is more appropriate to the construction status. That is after driveways, sidewalks, etc, have been installed and trees can be given adequate care and water. Final approval will be given upon completion, inspection and approval of the landscaping and tree plantings, at which time bonding and/or letter of credit would be released if it is in place. It should be noted that the trees and landscaping are under a warranty period and should they die within this time frame, the developer will be responsible for replacement. This letter serves as approval for landscaping requirements only and does not address the 1.089 acres of park land. Park land requirements and development will be addressed at a later date, after future meetings and discussions have been held. Thank you for your cooperation and consideration for developing a quality subdivision project. If you have any questions or concerns, please give me a call. Sincerely, Michael Baker, Director Kalispell Parks and Recreation Cc: Narda Wilson, Tri-City Planning 35 1s' Ave East — P O Box 1997 — Kalispell MT 59903-1997 Phone: (406) 758-7718 Fax: (406) 758-7719 Email: parknrecc@kalispell.com September 12, 2005 Andy Silvers P O Box 5181 Kalispell MT 59903 Re: Cottonwood Park & Blue Herron Subdivisions Park Dear Mr. Silvers: It was great to meet with both you and Mr. Lapp. This letter is to serve as clarification of developer responsibilities on the Cottonwood and Blue Herron park improvements. This letter addresses only the park improvements and is independent of the responsibilities the developers have for residential boulevards and landscaping for these subdivisions. As per your letter dated August 23, 2005, you have agreed to be responsible for the installation of a hard surface basketball 1 sports court, a swing set and a picnic table at Cottonwood Park and a soccer/football field at Blue Herron. These improvements and equipment will need to meet the specifications and standards required of all city parks for the city to assume ownership when all improvements have been completed and met final approval. Open space park turf areas need to be level with adequate grass, either seeded or sod. The pedestrian/bicycle path connecting the parks from Blue Herron to Cottonwood was agreed upon as being leveled and covered by turf; this would allow an avenue to walk from one area to the other. The subdivision perimeter bicycle path would be hard surfaced asphalt. You are required to submit a plan to our office showing all of these park improvements and identifying the manner in which this park area will be made accessible by Blue Herron residents. A bond of $20,000 will need to be submitted to the city for said improvements and will be released when all improvements have been installed and met final improvements. It should be noted that these improvements are under a one year warranty period and the developer will be responsible for replacement if necessary. Thank you for your cooperation and consideration for developing a quality subdivision project. If you have any questions or concerns, }Tease give me a call. Sir�cer I � Michael Baker, Director Kalispell Parks and Recreation Cc: Narda Wilson, Tri-City Planning Charles Lapp FLATHEAD STATION 248 FIRST AVENUE WEST KALISPELL MT 69101-9998 April 22, 2005 To: Planning Board RE: Cottonwood Park To whom it concerns: - The above referenced project has been reviewed. A suitable location for mail delivery has been established . Centralized boxes will be installed with a turnout 10 feet wide and 20 feet long for the carrier to service and leave theses boxes. The developer will be responsible for purchasing the CBU. The Developer or homeowners individually or collectively will be responsible to keep the roadway and area to the boxes clear of ice and snow. If you have any questions please feel free to call me at (406) 755-0187. Sincerely yours: Elden Marvel Manager Customer Services (406)-755-0187 Fax: (406)-755-0376 August 23, 2005 Cottonwood Park Landscaping Plan To: Mike Baker The park area has been sprayed and worked over, and re -seeded. Also the entire subdivision will have topsoil spread over it. In the covenants it states each homeowner must sod or hydro -seed after construction is complete. Topsoil will be placed between the back of curb and sidewalk and hydro -seed will follow. Regarding the park area, we plan on putting in a basketball area, a swing set and a picnic table. Blue Herron Park plans on a soccer/football field. r` Aridy`5 lve s City liPublic Past Office Box 1997, Kalispell, Montana 59903-1397 - Telephone (406)'358-7720, Fax (406)758-7831. September 13, 2005 Andy Silvers 2665 Farm to Market Road Kalispell, Montana 59901 Re: Cottonwood Park S/D Dear Mr. Silvers: The City of Kalispell Public Works Department hereby approves the existing, completed improvements except those listed in the Subdivision Improvement Agreement, Exhibit 8, for the referenced subdivision. Approval by the City of Kalispell for the City owned and maintained improvements is granted based on the following: 1. Jackola Engineering letter dated September 12, 2005, 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, 2. Our video records of the sanitary sewer system. 3. Receipt of a Subdivision Improvement Agreement, Exhibit B, which contains the total estimated construction costs plus 25 percent covering the estimated costs for the remaining street trees and pedestrian bridge to park. The Subdivision Improvement Agreement, Exhibit B, is certified by Thor A. Jackola, P.E., to being an accurate accounting of anticipated costs for the remaining improvements. The one year warranty period for the City owned and maintained existing, completed improvements will commence on September 12, 2005. The one year warranty period for the remaining construction will commence upon acceptance by the City of the completed constructed improvements in accordance with approved plans and specifications. If you have any questions, please do not hesitate to contact this office. Sincerely, Frank Castles, P.E. Assistant City Engineer Cc: Narda Wilson, Senior Planner Kalispell Planning Office r Vtrrture. Survc`'in6�a a September 12, 2005 City of Kalispell Planning Department Attn: Narda Wilson — Senior Planner 17 2" d Street East, Ste. 21 Kalispell, MT 59901 Re: Cottonwood Estates Subdivision City of Kalispell Flathead County, Montana Dear Narda Wilson: The above referenced subdivision is in the final platting process with a portion of the work that remains to be completed covered by an irrevocable letter of credit The work that has been completed thus far is in excess of 80%, and has been completed per the approved drawings and specification. As -built drawings will be prepared and submitted when the remaining work is completed. An Engineers Estimate of Construction Progress has been prepared for your review. In the event you have any questions, please call me at my office. Thank you. Mailing Address: P.O. Box 1134, Kalispell, MT 69903 phone (406) 755-320B fax (406) 755-3218 CONSENT TO PLAT We, the undersigned, THREE RIVERS BANK OF MON"I"ANA, do hereby consent to the platting of the real property described as "COTTONWOOD PARK", attached hereto, and by this reference made a part hereof. THREE RIVERS BANK OF MONTANA BY - STATE OF MONTANA ) s5 County of Flathead ) On thi� day of _�— � _---_______1 2005, before me, the undersigned a Nota Pu is for the State of Montana, personally r the�Tolapp edt ��=------------- ,and known to me to be CL'—_�_� THREE RIVERS BANK OF MONTANA and who subsc ibed Wig— name to the within instrument and y ,Fledged to rq�ohat _ ex,4uted the sa%p. .—Z(- f , :.. Y Not�I'ulilx`thc State of tana r —W Residing., at e •, s a My Commission Expires DECLARATION OF DESIGN GUIDELINES, CONDITION COVENANTS, AND RESTRICTIONS COTTONWO D PARK THIS DECLARATION, made this day ofA .�. ,2005, by the g undersi ned, .Andrew Silvers of P.O. Box 5181, Kalispell, Mt. 99900�'�3. Whereas, the undersigned is the owner of certain real property known as Cottonwood Park, according to the recorded plat thereof on file and of recording with Office of the Clerk and Recorder of Flathead County, Montana. Cottonwood Park is a subdivision located in the SE 1/4: SEC.2,T.28N.,R.22W., P.M.M., to be part of the Home Owners Association and subject to these guidelines, conditions, covenants, and restrictions. The undersigned is desirous of subjecting the real property to the conditions, covenants and restrictions herein after set forth, each owner thereof, and shall pass with said property and each and every parcel thereof, and shall apply to and bind the successors in interest and any owners thereof. NOW, THEREFORE, Andrew Silvers, herein referred to as Declarant being the owner of all the real property known as Cottonwood Park according to the plat thereof on file and of record in the Office of the Clerk and Recorder of Flathead County, Montana, hereby declares that the said real property is , and shall be held, transferred, sold, and conveyed, subjected to the design guidelines, conditions, covenants, and restrictions hereafter set forth. The design guidelines, conditions, covenants, and restriction, hereinafter set forth are designed to provide a uniform plan for the development of the whole of said subdivision. All persons or corporations who shall hereinafter acquire any interest in the above described property shall be taken and held to agree and covenant with the owner of the lots in said subdivision and with their heirs, successors, and assignees, to conform to and observe the following conditions, covenants, and restrictions as to the use thereof and as the construction of dwellings and improvements thereon. Each owner is responsible for complying with and meeting the spirit and intent of the criteria of the Guidelines, Conditions, Covenants, and Restrictions_ 1. Cottonwood Park Home Owners Association_ The Declarant shall create an organization consisting of all owners to be called the Cottonwood Park Home Owners Association. Said association shall be operated as per Roberts Rules of Order. Cottonwood Park Home Owners Association shall be formed at a time to be designated by the Declarant, but no later than when 75% of the tots have occupied structures, and shall consist of the owners of each lot of Cottonwood Park. The owner or owners of each lot shall be entitled to a single vote in the Association. The Board Of Directors, shall consist of not fewer than l 0% and not greater then 15% of the lot owners. The Horne Owners Association shall be responsible for the care and maintenance of the common properties and each homeowner use of the common properties will be governed by such rules as adopted by the Association. For the purposes of maintaining and caring for these common properties, the Board of Directors may make reasonable annual assessments to the lot owners and such assessment may be collected in a suit subject to the provisions stated below for enforcement of covenants and may become a lien upon the land by a filing by the Board of Directors of a lien which shall describe the lot, state the amount of the assessment that has not been paid, and when it was assessed. A lot owner whose lot is subject to such a lien must pay the assessment costs before the lien is released. This lien may also be foreclosed in the manner of foreclosure for mortgages with the prevailing party entitled to attorney fees. Common properties as used herein shall include designated parkland. Lot owners are encouraged to remain active members of this Association. Each lot owner is a member of the Association by virtue of his acquisition of the lot. 2. Design Review Board The Design Review Board (DRB) shall consist of the Declarant, and / or whom ever they may appoint. When the Home Owners Association has been established, the Board of Directors may act as the DRB. 3, The Process The DRB is responsible for reviewing and approving all development within Cottonwood Park. This includes but not limited to, new construction, renovation, expansion or refinishing of the exterior of structures. Plans must be reviewed by the DRB before construction. Plans should be submitted to the DRB before application to the city for building permits. The DRB process has been designed to encourage dialogue with owners and builders_ The process is intended to be constructive, not adversarial or unnecessarily restrictive. As owner, you shall ensure your development team complies with the following; general requirements to assure Cottonwood Park Home Owners Association of your commitment to respecting the community within which you are building. 4. Building Guidelines: Guidelines are out lined in more detail as follows. 5. Lot Grading and Drainage are responsibilities of the Owner/Builder every effort should be made to save all top soil while excavating for foundation and drive way to be used in forming the yard. Foundation elevations must be set with drainage as a priority. Typically, natural drainage patterns and flow should not be obstructed. Your development and other improvements should be sited to avoid drainage courses. 5.1 Driveways may be considered individually or in common with a suitable adjacent lot and owner. You may be required to provide a Shared Access Agreement if undertaking to incorporate a common driveway or amenity. This location must consider safe road design, in particular relative to intersections, vehicle stacking and natural landscape impact on safe driver site lines. The owner is responsible to maintain the lot and road right-of-way, including side walks. Driveways shall be adequately reinforced concrete. 6. Building limits and exterior walls of the building and foundation are to be designed to meet all set backs established for the applicable zoning. 6.1 Building Size: Each dwelling unit shall be built and contain not less than 1,200 square feet of total living space; exclusive of attached garage and open porches. Houses with exact exterior designs must not be in adjoining lots. if the designs are similar they must be differentiated with such things as porch design dormers, bays or the like. Simply " flipping„ a plan would not be adequate. 6.2 Buildings should provide horizontal and/or vertical breaks in the wall planes. Establishing a rhythm of openings between solids and voids in the facade through design and proportion_ Front and Rear Elevations should be articulated with relief. Variations in set backs in both plane and elevation are encouraged. 6.3 Building Heights should take advantage of the view opportunities, while at the same time be sensitive to adjacent development, and land slope. Maximum building heights are measured in accordance with applicable zoning. 6.4 Roof Shape and Character is important to avoid vertical monotony. The use of porch or balcony roofs and dormers of all sizes contributes to the human scale. This is encouraged to provide a texture and an apparent reduction of the built mass. 6.5 Finishing for the various building faces, walls and roofs must adhere to the following notes: A. materials for roofs may be asphalt, flat concrete or fiber- cernentltile or similar composition material, metal or wood material must be approved by DRB. B. Siding Materials for walls must be lap style. Stucco, stone or brick may be incorporated as an accent. C. Materials for garage doors are preferred in a type of maintenance free construction_ 6.6 Exterior lighting is to be limited to low intensity non -glare fixtures to provide adequate illumination for safety and aesthetic enhancement. Uncovered light fixtures or non- focused, non -downward lighting fixtures are not permitted. 6.7 Building Accessories are those various attributes that are part of the atmosphere of each building. The following elements are often used and the following conditions are directed at how they may be used in Cottonwood Park. A. Antennae are restricted to interior attics applications only. B. Satellite dishes may be used if discretely located on the building and a maximum 24" diameter_ Large ground mounted satellite dishes are prohibited. C. Address identification, is mandatory and suggested near the road by the vehicle access driveway for delivery and emergency response purposes. D. Garbage must be contained near the side or rear of each residence in containers furnished by garbage disposal services. E. Fencing is to comply with applicable zoning. F. Out buildings shall be developed to coordinate with architectural motif and finish of the house. They are to be located within the back yard, and cannot be larger than 10% of the living space of the house. 6.8 Compliance with other regulations_ It remains the responsibility of the Owner/Builder to ensure that the construction of any buildings on the site conforms with State, Town or Municipal laws, regulations, by-laws or other enactment's and any encumbrances affecting the title to the property, including, without limitation, utility rights -of -way, easements and restrictive covenants and all requirements outlined in the drainage section of these covenants. 7. Landscape Guidelines All open or undeveloped area of the lot should be seeded or sodded in conjunction With any other plants, shrubs or trees and maintained appropriately. This must be done within 6 months of occupancy. 7.1 Tree planting is encouraged as part of your lot and development process. 7.2 Lawn Areas shall be seeded or sodded with a rnowable seed mixture. 7.3 Retaining 'galls are to be designed and constructed so as to blend into the natural landscape. They may take on a more natural appearance through the use of native rock, timber and plant material, or perhaps reflect the architecture presented through the building by incorporating matching or complimentary material and detail. 8. Site Guidelines The following guidelines shall be included in any construction and/or project plans for any lot located within Cottonwood Park_ These guidelines shall be strictly adhered to and shall be interpreted as the intent of these Design Guidelines, Conditions, Covenants, and Restrictions. 8.1 Purpose Use and Activities. A. No lot shall be used except for single-family residential purposes, or duplex/townhouse. B. No lot or sub lot shall be further subdivided. C. No temporary building, house trailer, mobile home, basement or partly finished building or structure shall be erected or placed upon any lot during construction. All exterial construction shall be complete within one year from the date construction begins. All homes must be new construction. Factory built homes are not allowed within the subdivision. D. The parking or storage of campers, camping trailers, pick-up campers, boats, snowmobiles, trailers, infrequently used or seasonal vehicles must be kept in the side or back yard. Street parking is reserved for short term parking such as guests. E. No advertising, billboards or advertising structures of any kind shall be erected, used or maintained on the property. F. At the time of home construction, lot owner shall construct a minimum one car attached garage. G. Home business must comply with applicable zoning and must comply with city ordinances and not create undo vehicle traffic. H. Fuel tanks are not allowed. I. All utilities shall be under ground. 8.2 Park Space(Recreational Area). A. Park space has been created as per subdivision regulations and some non home owner use can be expected but not encouraged. 8-3) Animals, Birds, and Pets No animals. Livestock or poultry of any kind shall be raised, bred or kept on any lot, except that dogs, cats, or household pets may be kept, provided that they are not kept bred or maintained for any commercial purpose and must be confined to their owners property and must be kept under their direct control, as per local ordinance. Rill''I 111100 '-- 1 4 1 - A. Noxious or offensive activity shall not be carried on upon any lot, nor shall anything be done thereon which. may be or may become an annoyance to the neighborhood including barking dogs, B. All structures upon the property shall be kept in good repair and appearance. C. No part of this property shall be used or maintained as a dumping ground or storage ground for rubbish, trash, garbage, old automobile or other waste. AN waste shall be stored in containers furnished by garbage disposal services and shall be promptly removed from the property in a timely manner. D. Property owners shall comply with a weed management plan approved by the Flathead County Noxious Weed Board. 9. General Provisions A.. These Covenants are to run with the land, and shall be binding on all parties, and all persons claiming under them, unless an instrument signed by a majority of the owners of the lots has been recorded agreeing to change said covenants in whole or in part. B. The Grantor and every person hereinafter receiving any right, title or interest in any tract in said property shall have the right to prevent or stop violation of any of the said restrictions by injunction or other lawful procedure, in law or in equity against the persons violating or threatening to violate these restrictive covenants. Any person who shall prosecute an action successfully may recover any damages resulting from such violation, and it is expressly understood by any persons purchasing this property that, if an action is successfully brought against him/her for a violation of these covenants, that a reasonable attorney's fee shall be assessed against him/her in addition to any other damages. C. invalidation of any one of these covenants by judgment or court order shall in no way affect any of the other provisions, which shall remain in full force and effect- D. These covenants may be altered or additions made thereto with the written consent of the owners of at least eighty percent ( 80% ) of the lots (by number) or the owners of lots agreeing thereto, by written amendment, acknowledged by signature and filed with the Office of the County Clerk and Recorder of Flathead County, Montana. The Cottonwood Park Home Owners Association shall be entitled to enforce these regulations as if it was a lot owner and be, upon prevailing, entitled to attorney fees. Any amendment is to be deemed effective thirty ( 30 ) days after recording or filing. The revised Declaration of Covenants so approved will be the governing document regarding said covenants and all previous Declaration of Covenants will have no force or effect. 10. Enforcement Before legal proceedings are commenced, the D.RB intending to enforce the covenants shall notify the lot owner violating any covenant in writing specifying the failure and demanding that• it be remedied within a period of thirty (30) days of the date of the notice- If the owner fails or refuses to remedy the violation within said thirty (30) days, then the Cottonwood Park Association or DRB shall have the right to undertake any and all action that they in their sole discretion deem necessary and reasonable under the circumstances in order to terminate or correct the act or condition , which violates the covenants including obtaining legal or equitable relief including injunctions or orders and / or entering upon the premises for the purposes of removing any non -complying improvements, nuisance, garbage, or vehicle. No entry upon a lot by the DRB, the Board of Directors, or its agent for purposes of enforcing these covenants shall be deemed a civil or criminal trespass. IN WITNESS WHEREOF, I have hereunto set my hand the day and year first herein above written /1117 STATE OF MONTANA) Ss County of Flathead On this day of Auquj 2005, before me, the undersigned, a Notary Public for the State of Montana, personally appeared kdrc_w 14 -Vvors known to the to be the person(s) whose name(s) Ware subscribed to the within instrument, and acknowledged to me that he/they executed the same: IN WITNESS WHERE -OF, I have set my hand and affixed my Notary Seat the day and year first above written. ?110 T A R 0,- L BEAL ary Public for the State of Montana siding at: Y Commi pires: OF U Plat Poore Flathead County, Montana 800 S. Main St. Kalispell, MT 59901 (406) 758-5510 This Form is for Subdivisions & Condominiums Only JACKOLA BY: FOR: SILVERS DESCP: COTTONWOOD PARK (Tr 4C in 2-28-22) DATE: 8/24/2005 PURPOSE: PLAT t hereby certify that there are no outstanding taxes on the property assigned the assessor numbers listed above, for the years indicated for each assessor number. G WTr�Ztsu __ ------ Deprer (seat) 58 q 022'34"E ................ v 3 •:19 41 7 IB Irk 1BDA 0 1 3F R R-2 _�F 2 /pU 3 4D r R- /PUD 6 a 3D 2438 127 21 33 . ..... mac!_TrT- As s 2 . ..... .... 00 2K aj 2JA 26 2JB 2 �0 .46 17 '_'_3 P-JC P-JI 71 7 .2AEN 2AD 29, VICINITY MAP SCALE 1 550'' PHILIP & BARBARA BLANDFORD PRELIMINARY PLAT - COTTONWOOD PARK A 36 LOT SINGLE-FAMILY SUBDIVISION ON 10 ACRES IN A COUNTY AG-80 (AGRICULTURAL) DISTRICT FILED CONCURRENTLY WITH AN ANNEXATION, INITIAL ZONING APPLICATION PLOT DATE: 1/11/05 WTTR -4 wp p - mg-) - 1 H:\gis\site\4'p05_1.dwg JICXILA MmffR t AKCM7( M4 PC. >r a[*" "-L s 5UBMSMIN P"T OF " W A.W 60t 3R0 ftmgA sagwNLD tOCif P.O L' M31 •KAlP.O. , M =Ll !]4-]55-3xE y ��//Q®n p(/'/�)�(/�J)j% J�\ tSI 4�/ V N P 1/�I _f 3�_ COTTONWOOD //%�j; PI • 1 PWAREV A+ •F �G LOCATED !N THE S.F. 114 OF ME 5.E 1/4 OF SfCTAW 2, 7" R72K APP, 17, ILA 'EA I CLIUNTY, FAINTANA 2 mama 7me BLUE HERON G y PARK y SUBDIVISION NO. 204 k sea7z�j•+F Toxes' £A3'�s 6aao cs-cn aocn w.m' go.ar coat caax — 4� sa LOT is LOT 6 z y LOT 8 Y LOT 9 Y LOT i(r 7,QW S.f. LOT 11 LOT 12 LOT 13 ` raaM S.F. 7,$57 SF �s' 7,A�f 5.f 7,an 5f 7,XS Sr. 7,ms S.F. I C?75F LOT UTarTT EASEMENT J48 5 4sar LOT 5 I,&V 5.F i 3 CALLY LANE 3 mwsw rzr.w FSEMENT T EA LOT 4 7,8a7 &F. ui i70 LOT 3u -, 7.AW 5F. �+ 4 U LOT 2 7" S.F. ' t7L50'f "69TI'6 � I� LO 1 $ a am 5-F. all LOT I ` 51 IA-9 'rir£si 15A LOT 21 LOT 20 LOT 19 LOT 18 LOT 17 LOT 16 4,077 S.F, LOT lq�5B 7,594 5.F. Y,Ltl5 S.fm 7,LiAG 5£, 70Z 5F 7,av 5.F. 7,M S.F. 6,355 5.E i �.�.... �..f r4l—L EA5EMEN7, LOT 22 6 LOT 23 a Y LOT 24 LOT 25 Y LOT 26 �� s.F. LOT 27 ;az SF, 7,sm 5-F. 7,a76 S.F. ?'m S.F. I ax S.F. LOT a 28A 4,025.f. t LOT `28B � i 3 x x I—.... yaay _s' Atr4'1{�1y .50' $ AURICH AVENUE 8 i 1I 6 Y � � Y LOT r� L06 gerr F e LOT 35 LOT 34 LOT 33 LOT 32 LOT 31 LOT 30 29A LOT 398 i29i5F PARK +.nFi ACRES t Rm sF a,4w aF 496d SF. E,8B8 Sf J%&W S.F. 4777 5.F. 4,6515 p1� 'Y b0.w• soa• 60.0r' 163.74' 14 M AREAS: MONTANA HIGHWAY 424 LOTS 6536 ACRES a PARK 1146 ACRES Famo p{a y n rr ROADS 2.319 ACRES pvw7mT FOR SECT0V CORNER TOTAL 10.000 ACRES .� A M E .R I 0 ..::.:... .. H 35 9Form No. 1282 (Rev. 12115195) R: FT i'E NO. +CT-iJi:..J°J CT-87195 FEE: $125.00 H 359141 SUBDIVISION OR PROPOSED SUBDIVISION: Cottonwood Park 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 COMPA'V'Y GUAP.ANTEES: Jackola Engineering & Architecture, P.C. FOR THE PURPOSE OF AIDING ITS COMPLIANCE WITH FLATHEAD COUNTY SUBDIVISION REGULATIONS, IN A SUMT 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 as follows: A tract of land in the Southeast Quarter of the Southeast Quarter of Section 2, Towns -nip 28 forth, Range 22 West, P.M.M., Flathead County, Montana and more particularly described as follows: Commencing at the Southeast section corner of said Section 2; thence North 00'46'33" East, a distance of 51,79 feet to a point and which point is the Southeast corner of Tract 2 of Certificate of Survey Number 7970, records of Fltahead County and which point is the True Point of Beginning; thence on and along the exterior boundaries of said Tract 2, the following five (5) courses: South 89'44'24" West, a distance of 702.28 feet to a found 5/8" re -bar; North 03°25'05" West, a distance of 10.00 feet to a found 5/8" re -bar; North 00°46'00" East, a distance of 615.19 feet to a found 5/8" re -bar; South 89'22'34" East, a distance of 702.85 feet to a point and which point lies on the East boundary of said Southeast Quarter of the Southeast Quarter; South 00'45'45" West, on and along said East boundary, a distance of 614.34 feet to the True Point of Beginning. THE ABOVE DESCRIBED TRACT OF LAND IS TO BE KNOWN AND DESIGNATED AS: Cottonwood Park Continued... FILE NO.: *CT--8 7195 PAGE 2 H 359141 (1) 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 `or dedication; any streets, roads, avenues and other easements offered for dedication dedication by said Plat are: Andrew H. Silvers and Tricia L. Silvers, as Joint tenants - Owners Three Rivers Bank of Montana - Beneficiary (2) Parties holding liens or encumbrances on the title to said lands are: 1. General and special county taxes for the year 2005, a lien not yet payable NOTE: General and special county taxes for the year 2004 and all prior years have been paid in full. 2. Deed of Trust dated April 6, 2005, to secure an indebtedness in the principal su_m of AMOUNT 51,000,000.00, and any other amounts and/or obligations secured thereby. RECORDED April 7, 2005, as Doc. No. 2005-097--11220, records of Flathead County, Montana. GRANTOR Andrew H. Silvers and Tricia L. Silvers TRUSTEE Citizen's Title & Escrow Company, Inc. BENEFICIARY: Three Rivers Bank of Montana (3) Easements, claims of easements and restriction agreement of record are: The above described property is located within and subject to the jurisdiction 1. Declared county road known as Stillwater Road as saown on available county maps. 2. County road rights -of -way not recorded and indexed as a conveyance in the office of the Clerk and Recorder pursuant to title 70, chapter 21, M.C.A. 3. Easement for communications systems granted to American Telephone and Telegraph Company, recorded November 2, 1993, as Doc. No. 93--306--08540, records of Flathead County, Montana. 4. The effect of restrictions contained in Certificate of Subdivision Plat Approval recorded with Certificate of Survey No. 7970, records of Flathead County, Montana. Continued... FILE NO.: *CT-87195 PAGE 3 H 3591-41 5. Grant of Conditional Use by and between the City of Kalispell and Andy Silver, recorded June 14, 2005, as Doc. No. 2005-165-08070, records of Flathead County, Mon--ana. 6. Utility Easement Certificate as shown on the proposed Plat of Cottonwood Park. 7. Utility Easements as shown on the proposed Plat of Cottnwood Park. S. 20' Bike Pat'n Easement as shown on the p-roposeci Plat of Cottonwood Park. The above described property is located within and subJect- to the jurisdiction of the Kalispell. Fire District. DATED: August 16, 2005 all 8:00 A.M. Www'.811. m m Subscribed and sworn to before me this'ay N61ary Pub lip- Sta.a!eovmontana r P iarVJ m PHU-APS a= AN ojr�M4 S 0 My C si n--)Exp.resl_ — fla THE END nj-' Qfn. CenturyTel of Montana, Inc. Agreement for Subdivision Telephone facilities r_M w� THIS AGREEMENT, made, .lane 3, 2005 by and between CenturyTel of Montana, Ittc. ,With its principal place of business in Kalispell, Montana located at 290 .North Main bereinafter referred to.. W1 � Company," and Andy Silvers hereinafter referred to as "Developer"; RECII'A1,S: 1. Developer is in the process of subdividing and developing property or.has subdivided and developed property, ,,-hich property is hereinafter referred to as "Project", and will be or is offering lots or portions of the Project for sale or lease. 2. Developer is desirous of making the necessary arrangements for the installation of telephone facilities to serve the Project and the various portions thereof. 3. The Company is agreeable to install telephone facilities in the Project and the various portions thereof, subject, however, to the terms and conditions as hereinafter set forth.. The parties agree as follows: 1. INSTALLATION Of FACILITIES: The Company agrees to design and install telephone facilities in the Project located in flathead County, State of Montana, and known as Cottonwood Park telephone service to subscribers in the Project as the lots and portions of said Project are developed and sold or leased. 2. ADVANCE: Promptly upon the execution hereof, Developer shall pay to The Company as an advance against The Company's cost the sum of $9,706.49 which is the estimated cost of design, purchase, and installation of such telephone facilities. If multiple visits are required due to customer caused delays, an additional charge of $200.00 per visit will apply. Upon completion of such installation and a determination of the actual cost thereof by The Company, the Developer shall within ten (10) days after xi-itten demand on the Developer byThe Company pay to The Company an additional amount not to exceed 10%, of the estimated cost if the actual cost is greater than the estimated cost. The Developer shall be entitled to a reimbursement of the difference if the actual cost; as Iinalty determined by `l Ile Company, is less than the sum herewith as the estimated cost. 3. REFUNDS: (a) Developer shall be entitled to a refund from The Company of $242.66 for each lot or portion of the Project connected to The Company's facilities for telephone service to a subscriber within the period of five (S) years from the date of which the facilities to be installed by The Company under the terms of this Agreement are completed. It is specifically understood and agreed that the installation of the facilities contemplated hereunder do not include the services rendered to a subscriber. If an adjustment of cost is made in accordance with the terms of Paragraph 2 of this Agreement, the refund shall be adjusted accordingly based on the actual cost of the design, purchase and installation to The Company. It is understood and agreed that the amount of refund is determined by dividing the sum paid to The Company under the terms of Paragraph 2 of this Agreement by 40 Lots* in the Project. * * Lots 1 thru 13, 14A&B, 15A&B, 16 thru 27, 28A&B, 29A&B, 30 thru 36. (b) Such refund shall be paid to the Developer each year for all lots and units connected during the previous calendar year. No interest shall be charged or paid on any payments made by the Developer to The Company or on any refunds due Developer by The Company.. All refund requests must be submitted to CenturyTel each near between January 1 and February 15, within the five (5) year refund period. (c) Developer shall not be entitled to any refund for lots or units connected after expiration of the five (5) year period described in Paragraph 3 (a) of this Agreement, and any unrefunded portion of said cost referred to in Paragraph 2 shall become the property of `The Company free and clear of any claim of the Developer. Arm KaNETWORKUWMATG.,..LE_SUS17 U1301VI SION $.S U€ ID CONTRACT s ,.DL'5 (,ONT€rCT$%M1' CON TRACT�GQTTONWOOD PARKDOC ' 4. RIGHTOF WAY AND TRENCH S: Developer shall provide at no cost to The Company appropriate utility ri?l�ts of way by dedicating strips or easements for the installation ofThe Company's facilities, such rights of way or easements to be dedicated or conveyed in a form acceptable to The Company. Such rights of way shall be graded to semi -finished grade by, or at the expense of, the Developer prior to the trenching or installation of The Company's facilities hereunder. Developer may provide, with the consent ofThe Company, all trenching, excavation and back filling necessary for the proper installation of The Company's facilities, at no cost to The Company, and in accordancewith ith the specifications to be furnished by The Company, 5. DAMAGES TO FACILITIES: Developer agrees to comply with all the Statutes of the State of Montana or any agency or municipality having jurisdiction thereof relating to any excavation, trenching and back filling necessary and proper for the installation of The Company's facilities. Developer shall pay The Company for any damage caused to The Company's facilities by Developer or any of Developer's contractors or subcontractors, and Developer shall hold The Company harmless from any and all damage, liability, cost or expense of whatsoever nature resulting from any damage caused to The Company by Developer or any of Developer's contractors or subcontractors. Such damage shall be paid promptly by Developer to The Company at such time as The Company has determined the amount of damage sustained byThe Company under the terms of this paragraph. 6. REGULATORY JURISDICTION: This Agreement, the obligations of The Company hereunder, and all telephone service to be provided by The Company in connection hereunder, shall be subject to the rules, regulations and orders of any regulatory agency having jurisdiction thereof, and the rates, rules and regulations of The Company's tariffs as now or hereafter filed with the regulatory authorities with whom such tariffs must be filed. 7. SUCCESSORS: The rights and obligations of this Agreement shall inure to the benefit of and be binding upon the respective heirs, adininistrators, executors, successors and assigns of the parties hereto, provided, however, that no assignment of any of Developer's rights of obligations hereunder, or any portion hereof, shall become effective with out the prior written consent of The Company 30days after the receipt of your payment and signed contract before we will begin construction. IN WITNESS HEREOF, the parties hereto have caused this Agreement to be executed as of the day and year first herein above written. ***Developer to provide conduit as shown on attached print. Developer to provide all open trenching. COMPANY: CenturvTel of Montana Inc. Jeremy Ferkin — General Manager -M K7lNETWORKDiVIt',ATC_LP_SUED+StJB€31V1SIQNStSUBDCONTRAGTS�20D5 GONTnkCTS\MT CONTRACTICOTrONWOOD PARKDOC r ANDREW SILVERS PO BOX 5181 KALISPELL MT 59903 Customer Contact: Customer Number: 1044169 Kalispell Office PO BOX 9888 Kalispell MT 59904 Phone: 406-751-2210 Fax: 406-751-2224 511"t C°• � U Quotation Quotation No. 20015627 Document Date 02/01 /2005 Payment Terms Payable upon receipt Service Order No. 23083246 Quotation Valid To: 07/15/2005 Item I Material Description ( Quantity I Unit Price I Amount I This quote represents the cost to install the backbone natural gas system in Cottowood Park Subdivision. This cost is for non frozen ground conditions and is subject to all the easements being platted by the developer and MDOT permit (to dig in the Hwy 424 right of way) being acquired by Northwestern Energy. This quote is for a design for the gas system that does not enter the flood plain and would not require a permit to do so. (SEE ENCLOSED DESIGN) oalo 1228 (Adv. Rule 6-2) Gas Main Res Price - Labor & Materials Tax adder Subtotal Total Amount.,. REMITTER THREE RIVERS BANK OF MONTANA PAY TO THE ORDER OR**** NORTHWESTERN ENERGY AND ANDY 7,158.46 2,147.54 9,306,00 9,306.00 Three 055296 lZivecs J�au� °'M°.,'" AY 9, 2005 �'4' DAT002063 SILVE.$9,306.00*********** ::" �'•'•*5 ^: ' :_'= '+o-u rxit - ilfs� :..: i iee iJ ii..+i. "fit till', CASHIER'S CHECK © SiG1VATUF1Mon win no❑ 5 5 29Aus enQ Pqn 1lL IA0 n ;i ; e ans Three Rivers Bank of Montana 552 N. Meridian Rood Kalispell, Montana 59901 Request for Construction Loan Disbursements NAME: Andy Silvers DATE: 6/14/2005 LOAN NUMBER: 962444908 PROPERTY LOCATION: 411 Three Mile You are hereby requested to make immediate payments to the payees and contractor/borrower shown below in accordance with the follow-up schedule, together with the attached invoices. I hereby certify that the work done and / or materials furnished have (or for) sai property the extent of within payments and all oth This fo ust be eted in full bef ursements are e. Signature of G arantor ignatu T actually completed or furnished to is previously authorized by me. of Contractor Fo REMITTER A Three Rivers B ank THREE RIVERS BANK OF MONTANA DATE AUGUST 25, 2005 PAY TO THE ORDER 001-**WEAVER GRAVEL AND ANDY SILVERS**********************************$87,959.7 1117 erZ 70' ci 4 F, I .,,I j CASHIER'S CHECK ul 0 5 60EISum 1:09290141131: . . .. .. . .. ..... .. .. . .. .... .. ...... .. ............................. ................... .. .. ... ... ... ... ... ... .. . .. . . ................ .... ... ... . ........ . . . ... ...... . . . ......... 93-1411929 002063 r.177R Ll VM 0 z ----- ---------------- ------ ------- ----- ---- ---- -------- zlk lQ4 U) z LLJ —Z z �� l Ij €, i1 u) �, ;li iI st , IS LLJ 0 Ir Lu O LLJ Ir Lu lit uj Lu ce) Lo co'l- — I Lo CD F- 0j. a in < 0 CO a: z uj m uj LL Lu cc M Lu o t� LL L) Iwo M tu LLI �Id N NAME SERVICE REFERENCE SHEET TI: LOC gym,; I _SLr1k1_. ,:- ____ DATF: 0 With regard to thc above service, ,,ve are providing this reference sheet to indicate the division of responsibility. It is our desire U provide this infon-nation to help avoid misunderstandings and eliminate any problems in providing electric service. The custom, is advised to contact telephone aced TV utilities prior to construction. Thei customer s also required to provide a minimum Clear zone of I IT in ftoncAf all pad tVr;Es and switchgear. No shrubbery or other obstruction is allowed. General 1nf_brmg_t1ofi 49. - se. is: Service voRne-mi* V, I S, 18 Cost of line extension (,Coil estirsiates are subject to change after 90 days.). Customer service size is:amps, Design is based or, ----,-.KW total connected load. N-leter base will be located on the and provided bywith main discortnect/manual bypas -2 1 � Ity I -ipApplicafion L YrUtih.rCreditHistory li;tension Casts ORPXEasements 0 Electrical Permit O.Mernbersh ine 1.'.E,C'. Nvill! provide all primary wire ` re and the s mice wires from F.E.C.'s location number ag4j�,.2 QaRO 0 Z A 'lice point 1,3 switch gear, CT compartment 0 other customer's [3 meter base 0 termination can 0 SP Flathead Electric C.00 Fall Provide -2 tomer Will Provide 0 TRENCH (36% 40" for primary 24"- 30" for secondary) �i&ENCH (30"- 40" for pTirnary 24- 30" for secondary) (11 2" of separation required between power & phone or (125' of separation required between power & phone or cable, 3'of separation required between power& gas.) cable. 3' of separation required between power & 8yzas) -D CONDUIT (Schedule 40 PVC or steel. Min nurn 1,4 Pull line in conduit. All sweeps shall be wide, radius.) For prirria!7� cable " For service cable ---" DV i "AULTS (Transformer and or switch cabinet vaults.) 01 BACKFILL (Must be said or other rock free material Six inches below & six inches above the conductor.) RIG HT-OF.WAY Clearing per F.E.C. specifications OTHER 1kCDNDU1T (Gray Schedule 40 PVC or steel. 1Vk1niTriLr1n4" Pull line in conduit. All sweeps shall be wide radius.) For primary cable Phase 3 Phase ONCRETE VAULTS I LIDS - -7 Standard Open Lid _ Solid )(TRENCIq 1NSPEC II ION REQUIRED. CALL- PRIOR TO BACKFILL I /ACKFILL (Must be sand or other rock flee inaterial Six inches below & six inches above the conductor.) o RIGHT-OF-WAY Clearing per F.E.C. specifications. )�OTHER '00 Work order scheduling is based upon the release date from Engineering. CALL THE ENGINEERING DEPART TENT @ 751-4495 OR 751-4448 WHEN METER, TRENCH, CONDVIT, VAULT, ETC IS READY DO NOT CALL FOR SCHEDULING UNTIL YOU HAVE'PAID FOR YOVR JOB AND PROVIDED AN ELECTRICAL PERMIT. For Inquiries regarding construction schedules call Denny Gosney @ 751-4436 or Dave Biggar @ 751-4435. STAKING ENUOINEER: CUSTOMER, ---- Copy -laced in job jacket. to customer. Original to be r, In Z %a SEP-13-2005 f2ZO0 FROM: WEAVER SRAVE- INc alai J.,Z.* ZU00 406-75-5-0733 TD:7553218 P. 2-,2 PU41 CJNVAKU LARM V.L MOMANA ENVIRONMEWAL LABORATORY LLC =waft in vc&" I 170 N. Meddbn Ad PO. Box 8W, XArW*l. MT 5.99DO-19W EPAfxidftvmw Phmw.(40%7&rr2l3l fmc(406)267-SM Im PLEASE FILL IN PRESS RRULY -, ADMEW WHOM SMF"WM V&.UWM&.- T �064 t, f—A—N—N—ml� { ,_ MOM BRI MI 7104) QJ1 Cl A =rAWdfttedwmW M** ~ bo dWnftdod OW mkSW be&= lsusW.esdMkWqcar hw w9w. PXMEWrUEWrAC00UPAffY3MPL9 "AddUMI sllQIpAr=rA0e)ftlftMELVa4M m� t Jw *Addl%fti'9mmlAmdworts -SIA04oth CIKO., uo