Loading...
Staff Report/Final PlatTari-City Planning Office 17 Second Street East— Suite 211 Kalispell, Montana 59901 Phone: (406) 751-1850 Fax: (406) 751-1858 tricity@centu rytel.net REPORT TO: Kalispell Mayor and City Council FROM: Narda A. Wilson, Senior Planner James H. Patrick, City Manager SUBJECT Final Plat for Muskrat Slough Subdivision MEETING DATE: March 7, 2005 BACKGROUND: This is a request for final plat approval of a 20-lot residential subdivision on 8.98 acres in the southeast part of Kalispell. The property is zoned R-4, a Two Family Residential zoning district that has a minimum lot 'width of 50 feet and a minimum lot size requirement of 6,000 square feet. The district allows duplexes and single- family homes as permitted uses. The property lies on the north side of Russell Drive, south of Kelly Road and west of Willow Glen Drive in an area generally known as "Greenacres." The lots in the subdivision are generally over 8,000 square feet in size. The Kalispell City Council approved the preliminary plat on September 4, 2001 subject to conditions and a one year extension was granted. All of the conditions have been met or otherwise adequately addressed through the subdivision improvements agreement. Approximately 89 percent of the improvements have been completed. The subdivision improvements agreement includes some remaining landscaping, sidewalks and paving that has not been completed. The SIA covers the cost of the improvements plus 25 percent as required in the Kalispell Subdivision Regulations. A letter of credit in the amount of S49,500 has been submitted with the final plat to cover the cost of the improvements with the improvements anticipated to be completed by November of 2005. A cash in lieu of parkland dedication check has also been submitted in the amount of $8,085 as required_ RECOMMENDATION: A motion to accept the subdivision improvements agreement and approve the final plat for Muskrat Slough Subdivision would be in order. FISCAL EFFECTS: Minor positive impacts once developed. ALTERNATIVES: As suggested by the city council Respectfully submitted, Narda A. Wi on awes H. Patrick Senior Planner City Manager Report compiled: March 2, 2005 Attachments: Letter of transmittal Final plat application and supporting documents Providing Community Planning Assistance To: • City of Kalispell • City of Columbia palls • City of Whitefish Appendix - Page A-23 APPENDIX E SUBDIVISION 1WROVEMENT AGREEMENT THIS AGREEMENT, made and entered into this day of ZT�S by and between the CITY COUNCIL, CITY OF KALISPELL, MONTANA, Party of the First Part and hereinafter referred to as the CITY, and (tnamauat, company or corporanon) located at -Ix39 Cep c 11AY., en l splf dais (Street AddresJP. O. Box) (City, Courtly, State, Zip) Party of the Second Part and hereinafter referred to as DEVELOPER. WI;TNESSETH: THAT "EREAS, t�q Developer is the owner and developer of a new subdivision known as Mra.(k"e -r t_M!i/ LJ Sl 931711I1 IAkI (Name off vhdivision) located at fC t -qri ,l 9-1VTr' {Location of Subdivision) and, the City has conditioned its approval of the final plat of �tkiH �tiQT}IV1S1�1.1 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 NOW THEREFORE, in consideration of the approval of the final plat of said Subdivision by the City, the Developer hereby agrees as follows: I. The Developer shall deposit as collateral with the City a Letter of Credit, or other acceptable collateral as determined by the City Council, in the amount of $ . 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: Page A-24 - Appendix a. That the creditor guarantees funds in the sum of $ 00 •00 estima cost of completing the required improvements in NtVSjO,r,[: W` (Name of Subdivision) b. That if the Developer fails to complete the specified improvements within the required period, the creditor will pay to the City immediately, and without 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 fatly completed by WZW— . 3. That upon completion of the required improvements, the Developer shall cause to be filed with the City a statement certilying 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 mows of no defects in those improvements; d. That these improvements are five and clear of any encumbrances or liens; e. That a schedule of actual construction costs has been filed with the City; and, £ 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. Appendix - Page A-25 IT IS ALSO AGREED BY AND BETWEEN THE PARTIES HERETO AS FOLLOWS, TO -WIT: That the Developer shall pmvide 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 am 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. STATE OF MONTATZA COUNTY OF On this it> day of 49-�-w 5 , before me, a Notary Public for the State of Montana, personally appeared '" f v.ac-+G. it (�;k known to me to be the u L�o ;' of 4� &-"45ifa whose name is subscribed to the foregoing instrument and acknowledged to me that he/she executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Sea] this day and year first above written. Notar Public for the State of Montana Residing at f�s` "V s'v'_ i My Commission Expires MAYOR, CITY OF KALISPELL ATTEST: MAYOR FINANCE DIRECTOR Page A-26 - Appendix 11194—IFITAIMS Conditions of approval as fixed to the preliminary plat by the City Council, Kalispell, Montana. This agreement specifically includes the following improvements, their projected construction completion date and estimated construction costs. CHECK CONSTRUCTION ESTIMATED APPROPRIATE COMPLETION IMPROVEMENTS BOX DATE Street Grading�Pa�ingf /a' Street Base c��y Sidewalks Curbs and Gutters r'01e5Z/ Sanitary Sewers Mains Other( ) 72 �`✓ On -Site Sewage Facilities Water Systems Mains Other { ) On -Site Water Supply Water Storage Tanks Fire Hydrants Storm Sewer or Drainage Facilities Street Signs Street Lighting Street Monuments Survey Monument Boxes Landscaping Other( ) f^wezE NA 6�©y q/6 .;— TOTAL COLLATERAL (TOTALS COSTS X t 25%) COSTS 1" is—,%s-v 1,41660 5610 ra+ SUBTOTAL FEES TOTALS COSTS ITEM UNITS NO UNITS UNIT COST TOTAL COST ROAD CutlFill C.Y. 5,600 $ 2.60 Stabilization Fabric S.Y. 2,400 $ 1.25 Pit Run TON 12,500 $ 5.50 1" Crushed S.F. 24,000 $ 0.45 4" Asphalt S.F. 21,000 $ 0.75 Curb and Gutter L.F. 1,280 $ 7.75 Sidewalk LUMP 1 $ 14,000.00 Street Signs EACH 1 $ 350.00 Backfill, Topsail and Seeding LUMP 1 $ 11,000.00 TOTAL ROAD STORM WATER Catch Basins EACH 4 $ 1,200.00 12" Gravity L.F. 270 $ 4.00 Drain Rock 12 x 6 x 270 C.Y. 800 $ 5.50 TOTAL STORM WATER WATER Connect to Existing L.S. 1 $ 1,500.00 8" Water Main L.F. 630 $ 18.00 6" Water Main L.F. 60 $ 1,500.00 &' Gate Valves EACH 2 $ 1,500.00 Fire Hydrants EACH 2 $ 2,500.00 Misc 8" Fittings EACH 14 $ 250.00 1" Water Service EACH 20 $ 250.00 TOTAL WATER SEWER 8" Sewer Main L.F. 770 $ 20.50 4' Diameter Manholes EACH 6 3 2,500.00 4" PVC Services EACH 20 $ 250.00 Tie to Existing EACH 1 $ 5,000.00 TOTAL SEWER UTILITIES Common Utility Trench 1" Conduit 3" Conduit 4" Conduit 3" Steel Sweeps 1 Phase Transformer Vault Three Phase Transformer Vault Lift Station Fence Lift Station and Pumps Three Phase Power Three Phase Natural Gas Generator TOTAL UTILITIES L.F. L.F. L.F. L.F. EACH EACH EACH Lump Sum EACH EACH EACH 1,860 $ 2.00 380 $ 1.35 1,600 $ 2.94 70 $ 3.85 1 $ 85.00 3 $ 650.00 1 $ 1,250.00 1 $ 3,000,00 1 $ 23,000.00 1 $ 5,300.00 1 $ 8,950.00 $ 14,000.00 $ 3,000,00 $ 68, 750.00 $ 10,600.00 $ 15,750,00 $ 9,920.00 $ 14, 000.00 $ 350.00 $ 11,000.00 $ 147,570.00 $ 4,800.00 $ 1,080,00 $ 4,400.00 $ 10,280.00 $ 1,500.00 $ 11,340.00 $ 90,000.00 $ 3,000.00 $ 5,000.00 $ 3,500.00 $ 5,000.00 $ 119,340.00 $ 15,785.00 $ 15, 000.00 $ 5,000.00 $ 5,000.00 $ 40,785.00 $ 3,700.00 $ 513.00 $ 4,704,00 $ 269.50 $ 85.00 $ 1,950.00 $ 1,250.00 $ 3,000.00 $ 23,000.00 $ 5,300.00 $ 8,950.00 COMPLETES} TO -DATE $ 14,000.00 $ 3,000.00 $ 68,750.00 $ 10,800.00 $ 9,920.00 $ 5,000.00 $ 111,470.00 $ 1,500.00 $ 11,340,00 $ 90,000.00 $ 3,000.00 $ 5,000.00 $ 3,500.00 $ 5,000.00 $ 119,340.00 $ 15,786.00 $ 15, 000.00 $ 5,000.00 $ 5,000.00 $ 40,785.00 $ 3,700.00 $ 513.00 $ 4,704.00 $ 269.50 $ 65.00 $ 1,950.00 $ 1,250.00 $ 23, 000.00 $ 5,300.00 $ _ 8,950.00 $ 49,721.50 CONSTRUCTION TOTAL $ 370,696,60 $ 331,596.50 AMOUNT COMPLETED - 89% $ 331,596.50 AMOUNT OF WORK REMAINING $ 39,100.00 REQUIRED BOND AMT-. 125% $ 48,875.00 __.M.--January..77,..2110,5.__.------- -- IRREVOCABLE LETTER OF CREDIT NO.0405 City Council City of Kalispell 248 3,,4 Ave East Kalispell, NIT 59901 RE: Timothy R. Birk Flathead Bank of Bigfork has established an Irrevocable Letter of Credit in your favor, at the request of Tim Burk, to the extent of FORTY NINE THOUSAND FIVE HUNDRED AND NO/100, as a performance bond for the above referenced Developer. Said funds are available by presentation of your sight draft(s) which: (a) clearly specify the number of this credit, and (b) are drawn in favor of project cited above. Drafts drawn in conformity with conditions of this credit will be honored by us if presented at our bank on or before January 27, 2006. Bank represents that it is FDIC insured. Sincerely, rr Vl gren Senior Vice President JB/lp 800 Grand Avenue: F.O. Box 308 , O giork, MT 59911 - 406-B37-1600 • FAX 406-837-0140 • wwwu.-Ratheadbank.com Tri-City Planning Office 17 Second Street East - Suite 211 Kalispell, Montana 59901 Phone: (406) 751-1850 Fax: (406) 751-1858 tricity*centu rytel.net March 15, 2005 James H. Patrick, City Manager City of Kalispell P.O. Drawer 1997 Kalispell, MT 59901 Re: Final Plat for Muskrat Slough Subdivision Dear Jim: Our office has received an application from Tim Birk for final plat approval of Muskrat Slough Subdivision that plats 20 single family residential lots on approximately 8.98 acres. This property was annexed to the city in September of 2001 and given a zoning designation of R-4, Two Family Residential. The property is located on the west side of Willow Glen Drive and south of Kelly Road. The Kalispell City Council approved this subdivision subject to conditions on September 4, 2001 subject to conditions. All of the conditions have been met or otherwise adequately addressed through a subdivision improvements agreement. There is some remaining paving, landscape and sidewalk work that has not been completed and a Subdivision Improvements Agreement has been submitted with this plat in the amount of $49,500. The SIA covers the cost of the improvements as plus 25 percent as required in the Kalispell Subdivision Regulations. A letter of credit has been submitted with the final plat to cover the cost of the improvements with the improvements anticipated to be completed by November of 2005. A check for cash in lieu of parkland dedication has also been submitted with the plat in the amount of $8,085 as required. 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 CONDITIONS OF APPROVAL Condition 1. Development of the subdivision shall be platted in substantial compliance with the approved preliminary plat which governs the location of lots and roadways within the subdivision. • This condition has been met. The final plat conforms with the preliminary plat that was approved. Condition 2. That the roadways serving the subdivision shall be constructed in accordance with the adopted Design and Construction Standards for the City of Kalispell for local roads and include the pavement, curbs, gutters, storm drainage, sidewalks and Providing Community Planning Assistance To: • City of Kalispell • City of Columbia Falls • City of Whitefish Final Plat for Muskrat Slough Subdivision March 15, 2005 Page 2 a minimum five foot landscape boulevard with street trees placed in accordance with a plan approved by the parks and recreation director. A letter from an engineer licensed in the State of Montana certifying that the improvements have been installed according to the required specifications shall be submitted at the time of final plat approval along with a letter from the Kalispell Public Works Department stating that the required improvements have been inspected and comply with the City standards. This condition ha been met or otherwise adequately addressed. Most of the public infrastructure is in place with the exception of roadway paving, landscaping and sidewalks. A subdivision improvements agreement has been submitted with the final plat in the amount of 125 percent of the remaining improvements. The improvements have been inspected and certified by a licensed engineer and have been reviewed and approved by the Kalispell Public Works Department. Those letter are attached. Condition 3. That the developer provide documentation that the necessary easements have been obtained granting access to the subdivision across privately owned roadway, Russell Drive, if Meadow Park Unit 2 has not been annexed to the City at the time the final plat has been submitted. This condition no longer applies. Russell Drive and the surrounding area has been annexed into the city of Kalispell and Russell Drive is now a City street. Condition 4. That a Certificate of Subdivision Approval be obtained from the Department of Environmental Quality and written approval by the Kalispell Public Works Department approving the water and sewage facilities for the subdivision. This condition has been met. The required letter from MDEQ has been submitted with the final plat along with a letter from the Kalispell Public Works Department approving the water and sewer for the subdivision. Condition S. A storm water drainage plan which has been designed by an engineer licensed in the State of Montana shall be prepared which complies with the City's Design and Construction Standards and shall be reviewed and approved by the Kalispell Public Works Department. This condition has been met. A letter from the Kalispell Public Works Department approving the storm drainage plans along with the water, sewer and roads has been submitted with the final plat. Condition 6. That the developer obtain all necessary storm water discharge permits from the federal, state and local jurisdictions, which may have review authority over the waterway. This condition has been met. A general permit for storm water discharges from the MDEQ has been submitted with the final plat. Final Plat for Muskrat Slough Subdivision March 15, 2005 Page 3 Condition 7. That Lots 2 and 3 be accessed from Russell Drive and that Lot 1 shall be accessed from Muskrat Drive. This condition has been met. A note has been placed on the face of the final plat stating that Lot 1 shall be accessed from Muskrat Drive. Condition $. That an easement be extended between the northern boundary of the subdivision to Kelly Road which facilitates future access to water and sewer for the remainder parcel to the east and a loop water system. f, This condition no longer applies. The easement for the water and sewer facilities were no longer needed because of the prohibitive costs associated with the systems in this route. Water and sewer are in Russell Drive and adequately serve this subdivision. Condition 9. The road within the subdivision shall be named and signed in accordance with the policies of the Kalispell Public Works Department and the Uniform Traffic Control Devices Manual- 4 This condition has been adequately addressed. The street signs are included in the SIA for the subdivision. Condition 10. The developer shall provide a plan for mail service approved by the U.S. Postal Service. 1 This condition has been met. The mailboxes have been installed and a letter from the LISPS approving that location has been submitted with the final plat. Condition 11. Street lighting shall be located within the subdivision and shall be shielded so that it does not intrude unnecessarily onto adjoining properties. This condition has been met. The street lights for the subdivision have been installed by Flathead Electric Cooperative. Condition 12. That the parkland dedication requirements shall be met with cash in lieu of parkland in the amount of one ninth of the 4.90 area devoted to lots based an a value of $15,000. per acre in the amount of $8,085. This condition has been met. The cash in lieu of parkland dedication has been submitted with the final plat. Condition 13. All utilities shall be installed underground. This condition has been met. All the utilities have been installed underground as certified by the engineer and confirmed with an on -site inspection. Condition 14. That the fire access and suppression system comply with the Uniform Fire Code and a letter from the Kalispell Fire Department approving the access Final Plat for Muskrat Slough Subdivision March 15, 2005 Page 4 and number and placement of fire hydrants within the subdivision shall be submitted with the final plat. The fire access and suppression system shall be installed and approved by the fire department prior to final plat approval. This condition has been met. A letter from the Kalispell Fire Marshal approving the location of the hydrants has been submitted with the final plat. The department will need to approve access and fire flows prior to combustible materials being placed on - site. Condition 15. That a minimum of two-thirds of the necessary infrastructure for this subdivision shall be completed prior to final plat submittal. 5 This condition has been met. Approximately 89 percent of the required infrastructure for the subdivision has been completed. The remaining work is covered under a subdivision improvements agreement. Condition 16. That a homeowners association be established for the maintenance of the common area based upon a pro-rata share of costs. This condition has been met. A homeowners association for the maintenance of the common area has been included in the covenants for the subdivision. Condition 17. That a note be placed on the face of the final plat that indicates access for proposed Lot 1 shall be obtained from Muskrat Drive. This condition has been met. A note has been placed on the face of the final plat requiring access to Lot 1 be taken from Muskrat Drive. Condition 18. All areas disturbed during development of the subdivision shall be re -vegetated with a weed -free mix immediately after development. This condition has been adequately addressed. The cost of reseeding and revegetation has been included in the subdivision improvements agreement. Condition 19. That preliminary approval shall be valid for a period of three years from the date of approval. This condition has been adequately addressed. A one year extension was granted for this subdivision and the final plat was submitted prior to expiration. COMPLIANCE WITH APPROVED PRELIMINARY PLAT The final plat is in substantial compliance with the preliminary plat which was reviewed and approved by the Kalispell City Council on September 4, 2001. Final Plat for Muskrat Slough Subdivision March 15, 2005 Page 5 COMPLIANCE WITH THE This subdivision plat has been found to be in compliance with the State and City Subdivision Regulations. COMPLIANCE WITH THE ZONING REGULATIONS This subdivision can be found to be in compliance with the Kalispell Zoning Ordinance and the R-4, Two Family Residential, zoning designation for the property which governs the dimensional requirements of the lots within the subdivision as well as the uses. RECOMMENDATION: It can be found that 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 Muskrat Sough Subdivision. Please schedule this matter for the regular city council meeting of March 21, 2005. Sincerely, Narda A. Wilson Senior Planner 90 Attachments: Vicinity map 1 opaque mylar of final plat 1 reproducible mylar of final plat 1 copy of final plat Letter from Dirk Engineering dated 1 / 18/05 Final plat application dated 2/22/05 Ltr from Montana DEQ dated 9/26/03 storm water discharge Ltr from Montana DEQ dated 3/ 14/03 facilities exemption Ltr from Kalispell Fire Dept dated 2/8/05 Ltrfrom LISPS dated 2/ 16/05 Ltr from Kalispell Public Works dated 2/ 18/03 Ltr from Kalispell Public Works dated 10/27/03 Ltr from Kalispell Public Works dated 3/ 10/05 Engineer's certification dat4ed l/ 12/05 Subdivision improvements agreement Ltr of credit from Flathead Bank dated 1/27/05 Final Plat for Muskrat Slough Subdivision March 15, 2005 Page 6 Treasurers certification dated 2/ 14/05 Title report dated 2/ 16/05 Consent to plat from Glacier Bank dated 2/ 16/05 Declaration of conditions and restrictions Personal check for cash in lieu in the amount of $8,085, c: Tim Birk and Howard Gipe, 2239 Lower Valley Road, Kalispell, MT 59901 Theresa White, Kalispell City Clerk 2302 Hwy 2 East Suite #9 KaWpel1, W 59901 Phow (4W 756-2323 FM (406) 756-2324 EautO buY@d4osysmd January 18, 2005 City Council of Kalispell, Montana 312 I' Ave. East Kalispell, MT 59901 • E :E •1 'EA A :.J. J `1-' •..1-'-AI-Lr Conditions of Plat Approval, Resolution No. 4651 All Conditions of Preliminary Plat Approval for this subdivision have been met The developer of the Muskrat Slough Subdivision petitions the Council for fmal plat approval of the subdivision. A Subdivision Improvements Agreement and Completion Bond are included to guarantee completion of all improvements. a -. i .. r -. '. ii ! ..JJ J A •., : A 1,# I .. EA e. J was subsequently granted. Conditions of preliminary plat approval have been met as f.:E Item #1 This condition is met. The layout of the subdivision substantially conforms to the preliminary plat 1,.`:4 A IF -E-:'1. t J Item #3 This condition is met Russell Drive has been annexed into the City. conformance to t- approved plans. Item #6 Has con 9 me. i so correspondence In "an fi% intere,stod agencies are attached - Item #7 This condition is met. The lots shall be accessed as required by this condition and so noted on the Final Plat- necessary to access Kelly Road. The Public Works Department concluded that the cost to the subdivision and needs are adequately served by h main ipresent 1.'...f t l- 1" :i! t f' i ! Item #10 This condition is met. A pad for cluster mailbox has been placed in a location approved by the post roaster. Item #1 l This condition is met. Street lights have been installed on the site. Item #12 This condition is met. The cash in lieu of parkland has been paid. Item #13 This condition is met. All utilities have been installed and are underground. Item #14 This condition is met. A letter from the Fire Department is attached. Item #15 This condition is met. 89% of improvements have been completed. A bond for 125% of the remaining amount is provided. Item # 16 This condition is met. Covenants and homeowners association by-laws are attached. Item # 17 This condition is met. The now is on the final plat. This is Lot 1 on the final plat Item 418 This condition is met. The cost of seeding is included in the bond. Please contact me if you have any questions or require any additional information. Sincei^.,. / �. a 1 P.E. PlanningOffice Kalispell, XT b i f 3 . RTI Name: 0 " 4a pair Address: 14 3Kl L. ,kj e°4 C0110 e Z_* * -esRirCPri1 k440-- Phone N®.: lf';=&f. i t 'T1m 13,r cte #f.4iesPa'/� a�itr��s,ctA Date of Preliminary Plat Approval: 20M f `Ijpe of Subdivision: Residential e/d _Commercial—PUD Other Land in Project (acres) q • 2 Parkland (acres) VMrs Cash -in -Lieu $ 6 O S.S Multi -Family Mobile Home Park Recreational Vehicle Park rl` Legal Description of the Property Irl mum -zad Minora, Y, • .Y with approved preliminary }, .00 4 }; Attached Not Applicable MST CIMCK ON g t health Department Certification (Original) ao' Title Report (Original, not more than 90 days old) Tax Certification (Property taxes must be paid) Consent(s) to Plat (Originals and notarized) Subdivision Improvements Agreement (Attach collateral) ✓ Parkland Cash -in -Lieu (Check attached) Maintenance Agreement Plats. I opaque OR 2 mylars I mylar copy 1 signed blueline 4 bluelines 4 bluelines, unsigned IIX17 Copy 1IX17 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 Tri-City Planning Office, and the staff finds the application is complete, the staff well 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 Tri-City Planning staff to be present on the property for routine monitoring and inspection during the approval and development process. "NOTE: Please be advised that the County Clerk & Recorder requests that all subdivision final plat cations be accompanied with a digital copy. Owne(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 S. A tie to either an existing subdivision corner or a corner of the public land survey system As approved by the TCPS, Effective 3/ 15/04 2 Montana Deparftnent o Judy Martz, Governor P.O. Box 200901 - Helena, MT 59620-0901 - (406) 444-2544 www.dtq.s[ate.mt.ns September 26, 2003 Tim Birk 880 Farm Rd Kalispell, MT 59901 RE: Confirmation Letter for Receipt of Notice of Intent (NOI) Number MTRI41270 Pertaining to the Muskrat Slough Subdivision Project in Flathead County Dear Permittee This serves as confirmation that the Department received a complete Notice of Intent (NOI) Package on September 3, 2003, which listed you as an operator on the NOI Form for the storm water discharge associated with construction activity_ A complete NOI package includes an NOI Form, a Storm Water Pollution Prevention Plan (SW PPP), and the appropriate fees (application and first year annual). Operators with a storm water discharge associated with construction activity are perxnitted under the 2002-2006 "General Permit for Storm Water Discharges Associated with Construction Activity" (General Permit) upon receipt by the Department of this complete NOI Package. Additionally, receipt by the Department of the complete NO] Package constitutes a full agreement by operators to meet and comply with all requirements stated in the General Permit. Please be sure to become familiar with the requirements stated in the attached General Permit. In particular, be sure to implement your SWPPP/ECP, develop and maintain Best Management Practices, perform required inspections, submit subsequent annual fees if necessary, and submit the required Notice of Termination (NOT) when the site achieves final stabilization. Failure to submit a completed NOT Form will result in assessment of annual permit fees, which must be paid by operators. A violation of, or non-compliance with, any provision of the General Permit is subject to enforcement action pursuant to the Montana Water Quality Act. General Permit coverage obtained through the submittal of this NOI does not waive obligations to obtain other permits or approvals that may be required. Should you have any questions, feel free to contact the Storm Water Program at (406) 444-3080. Sincerely, �h Gail M. Faber Water Quality Specialist Water Quality Discharge Permit Section Water Protection Bureau Attachments: General Permit Cantrs3@zd Scrvicas D3rEsian Hn;o�ssment Divisiar, Permitting&�omPlinnce Dirsion • Planaing, Peevan[inn$Rss4stxr.ce 31v7sioo Remediation Divicon PERMITNO. MTR100000 MONTANA DEPARTMENT OF ENVIRONMENTAL QUALITY AUTHORIZATION TO DISCHARGE UNDER THE MONTANA POLLUTANT DISCHARGE ELIMINATION SYSTEM GENERAL PERMIT FOR STORM WATER DISCHARGES ASSOCIATED WITH CONSTRUCTION ACTIVITY In compliance with Montana Code Annotated (MCA) 75-5-101 et seq., the Administrative Rules of Montana (ARM) 17,30.1301 et seq, and ARM 1730.601 et seq., operators who submit a complete Notice of Intent package for a storm water discharge associated with construction activity under this General Permit for Storm Water Discharges Associated with Construction Activity are authorized to discharge storm water from construction activities to surface waters in accordance with the conditions set forth in Parts I,11, III, IV, and V of this General Permit. This General Permit shall become effective June 8, 2002. This General Permit shall expire at midnight, December 31, 2006. FOR THE MONTANA DEPARTMENT OF ENVIRONMENTAL QUALITY Thomas D. Reid, Supervisor Water Quality Discharge Permit Section Water Protdetion Bureau Permitting and Compliance Division Dated this 8th day of May, 2002 1%4ontana Department EJEANVMONMIMAL //]] Judy Marta, Governor P.O. Box 200901 • Helena, MT 59620-0901 • (406) 444-2544 • www.deq.state.mt.us March 14, 2003 Bret A Birk PE Birk Engineering 2302 Hwy 2 East Kalispell MT 59901 Dear Mr Birk: RE: Muskrat Slough Subdivision Municipal Facilities Exclusion EQ#03-2261 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 76-4-124, MCA, this subdivision is not subject to review, and the plat can be filed with the county clerk and recorder. Plans and specifications must be submitted when extensions of municipal facilities for the supply of water or disposal of sewage are proposed {76-4-111 (3), MCA}. Construction of water or sewer extensions prior to approval is prohibited, and is subject to penalty as prescribed in Title 75, Chapter 6 and Title 76, Chapter 4. This file has been mailed to the Water Protection Bureau, Kalispell Office for their review. Janet Skaarland Compliance Technician Subdivision Section Water Protection Bureau (406) 444-1801 —email jskaarland@state.mt.us cc: City Engineer, City of Kaliipell County Sanitarian file Cenua3iud Services Division Enforsemeat Division Permitting e4. C.mpriance Divisior P!anrsing, Preeenti¢n &. Rssis[ance Division . Remedwion Division Randy Brodehl - Fire Chief Jim Stewart - Assistant Chief/Prevention February 8, 2005 Tim Birk 2239 Lower Valley Road Kalispell, MT 59901 Re: Final plat approval — Muskrat Slough Dear Mr. Birk, 312 First Avenue East Kalispell, Montana 59%1 (406)758-7760 FAX: (406) 759-7952 In response to your request for approval of the above -referenced project, our department approves final plat for Muskrat Slough, with the following information and conditions. • Fire hydrant rations are approved by this department. • Fire department access is approved with the understanding that final gradinglcornpaction in two small areas will be completed prior to combustible construction. Please contact me if you have any questions. Sincerely, Jim Stewart Assistant Fire Chief/Fire Marshal Kalispell Fire Department cc: Narda Wilson, Tri-City Planning Office "Assisting our community in reducing, preventing, and mitigating emergencies." FLATNAD STATION 249 FIRST AVENUE WEST KALISPELL MT 5910 1-9988 February 16, 2006 To` Planning Board RE, Muskrat Stough To whom 4 concerns: The some referenced project has been reviewed. A sultable location for mail delivery has been established . Centralized boxes are installed The Developer or homeowners individually or collectively will be responsible to keep the roadway and area to the boxes clear of ice and snow. H you have any gsaeslions please Teel free to calf me at (406) 755-0187, Sincerely yours: Elden Marvel Manager Customer Services leas}rssa+sr Rsx' "40F> 03M ity of Kalispell lip Works Department Pos! Office Box 1997, Kalispe91, Wnl ?9903-1997 - Telephom (4{}63758-772i3, Fa,E (406)758-7831 February 18, 2003 Bret A. Birk, P.E. 2302 Hwy 2 East, Ste. #9 Kalispell, MT 59901 RE: Muskrat Slough Subdivision We have reviewed the revised plans for the referenced project submitted to our office on January 10, 2003. The revised plans are approved with the following comment to be addressed prior to construction: 1. The pipe bedding from four inches below the bottom of the pipe to sic inches above the pipe shall be 3/4" crushed stone. The trench detail on sheet 7 of 7 should be edited to reflect this requirement. The as -guilt plan shall depict the horizontal distance from the street centerline to the sanitary sewer manholes. If you have any questions, please do not hesitate to contact this office. shxw*r Frank Ca es Chril Engineer cc: Dick Montgomery, P.E. Environmental Health Services Flathead City -County Health Department 1 .:..E 'F i E.. Bret A. Birk, P.E. 2302 Highway 2 East, Ste. #ii9 Kalispell; :Montana 59901 Rt-:- F464iii Slough Subdivision Proposed Sewage Pumping Station Dear Mr. Birk: If you have any questions, please do not hesitate to contact this office. Si, tk- &L, P.E. Assistant City Engineer City of Kalispell Public Works Department Post Office Box 1997. Kalispell, Montana 59903-1997 - Telephone (406)758-7720Fax (406)758-7831 March 10, 2005 Birk Engineering and Construction, Inc. 2302 Highway 2 East, Suite #9 Kalispell, Montana 59901 Re: Muskrat Slough Subdivision Gentlemen: The City of Kalispell Public Works Department hereby approves the existing, completed improvements except those listed in the Subdivision Improvement 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: 1. Birk Engineering and Construction, Inc., 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. 2. Our video records of the sanitary sewer system. 3. Receipt of a Subdivision Improvement Agreement which contains the total estimated construction costs plus 25 percent covering the estimated costs for the remaining street grading/paving, sidewalks, landscaping and fencing. The Subdivision Improvement Agreement is certified by Bret A. Birk, 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 March 10, 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, , r�Castles, P.E. Assistant City Engineer Cc: Narda Wilson, Senior Planner Tri-City Planning Office 2302 Hwy, 2 East Suite #9 KalasPe MTMr 59901 Phone (406) 756-2323 Fax (406) 756-2324 Email bukCdAWKys.net January 12, 2005 Frank Castles, P.E. City of Kalispell Public Works Department PO Box 1997 Kalispell, MT 59903 Subject: Muskrat Slough Subdivision Improvements Dear Mr. Castles Water, sewer, and storm water management improvements for the above referenced subdivision have been completed in substantial conformance with the approved plans_ Pressure and leak testing have been completed on the water and sewer as well as chlorination of the water system. A passing bacteriological test report is attached. Please contact me if you have any questions or require any additional information. Sincerely i f P irk, P.E. N TA FRET A R! RK � t 408PE;` `J' [!CE1491" 4�r ��t+!Y ti� Yi✓ Plat Room Flathead County, Montana 800 S. Main St. Kalispell, MT 59901 (406) 758-5510 This Form Is for Subdivisions & Condominiums Only 8Y: ,M r 7,(010 FOR. &RK' DATE //'2- I0 DESCP: [JS a � Z A-QL{Gr H PURPOSE 19%.f (Tk -7N - -1c)--u-z) YEARS ASSESSOR # 1999 THRU _a_O-QZ_ & TO DATE Csa-p�) 1 hereby certify that there are no outstanding taxes on the property assigned the assessor numbers listed above, for the years Indicated for each assessor number. Deputy Treasurer' ` (seal) 1 4 205 f Dater d:fz 4. xar> Flathead County Clerk and Recorder $00 S Main Kalispell, MT 59901 RE: Muskrat Slough Subdivision To Whom It May Concern, I, Don Lloyd, Senior Vice President, of Glacier Bank of Kalispell, consent to the recording of the final plat with respect to the above referenced subdivision. Dated this ® day of .February, 2005. of Kalispell. By: Donald R. &Ioyd/ ` Its: Senior Vice President STATE OF MONTANA, COUNTY OF FLATHEAD On this 16 day of February 2005, before my a Notary Public in and for said State, personally appeared Donald R. Lloyd , known to me to be the Senior Vice President of the Corporation that executed this instrument or the persons who executed the instrument on behalf of said corporation, and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in this certificate first above written. S1j 4a�!?� Nota / Public for_ e State of /rt Residing at E �j My Commission Expires: " 1J1r f 1 FOR MUSKRAT SUBDIVISION 1, the undersigned do hereby certify and declare that the following reservations, conditions, covenants and agreements shall become and hereby are made part of all conveyances of property owned by the undersigned, within the Plat of Muskrat Slough Subdivision as the same appears in Plat recorded in the Office of the Clerk & Recorder of Flathead County, Montana, of which conveyances and agreements shall become a part by reference herein and to which it shall thereupon apply as fully and with the same affect as if set forth at large herein. In the event that it appears to the advantage of this platted subdivision that these restrictions should be modified, then and in that event, any modification desired may be made by affirmative vote of 80% of the then owners of lots within this subdivision and evidence by suitable instrument filed for public record; or if such event occurs during the development period such modifications or waiver of non- conformity may be evidenced by special permission granted in writing by the undersigned or it successor interest. 2. No lot shall be used except for residential purposes. No building shall be erected, altered, placed or permitted to remain on any lot other than the one detached single family dwelling not to exceed two stories, plus basement, in heights, and a private garage for not less than two cars. However, the foregoing provisions shall not be interpreted to exclude construction of a private greenhouse, garden sited, private swimming pool, or shelter facilities, or port for the protection of such swimming pool, or other recreational facilities, or for the storage of a boat and/or a camping trailer kept for personal use, provided the location of such structures are in conformity with the applicable municipal regulations, and are compatible in design and decoration with the residence constructed on such lot. 3. The main floor area of the dwelling structure, exclusive of open or screened porches and attached garages, shall be no less than 1000 square feet for a dwelling of one story or 1350 square feet for a dwelling of two stories. No split level dwellings, no dwellings with basements. 4. All structures and apurtanances shall comply with City of Kalispell's R-4 District. 5. Each owner of a lot with the subdivision shall construct a concrete driveway from street to garage prior to occupancy of the dwelling. Then after the owner shall maintain and repair their driveway. Structures shall be guttered and the run off water shall be retained on site. 5. No noxious or offensive activity shall be carried on upon any lot, nor shall anything be done thereon which may be or may become an annoyance or nuisance to the neighborhood, including but not Kited to skateboard ramps, in or adjacent to, any of the streets. 7. No structure of a temporary character, trailer, basement, tent, shack, garage, barn or other outbuilding shall be used on any lot at any time as a residence, either temporarily or permanently. 8. No sign of any kind shall be displayed to the public view on any lot except one professional sign, not more than five square feet, advertising the property for sale or rent, or signs used by a builder to advertise the property during construction and sale period. An appropriate entrance signs is excepted herefrom. 9. No animals, livestock or poultry of any kind shall be raised, bred, or kept on any lot; other usual household pets may be kept, provided that they are not kept, bred, or maintained for any commercial purpose, and provided that they are not permitted to cause damage, constitute a nuisance, or run at large in the neighborhood. 10. No house trailer, camper, boat or trailer of any type shall be stored or parked in the front yard or driveway portion of any lot, or on any street within the subdivision; such storage area must be behind adjacent building line. 11, No building shall be erected, placed, or altered on any lot until the construction plans and specifications, and a plan showing the location of the structure, have been approved by the Architectural Control Committee, as defined below, as to quality of workmanship and materials, harmony of external design with existing structures and as to location with respect to topography and finish grade elevation. No fence or wall shall be erected, placed or altered on any lot nearer to any street than the building setback line, unless similarly approved. 12. The Architectural Control Committee shall initially consist of the developer designed by the undersigned {"Initial Committee'). Upon the erection and completion of family dwellings, intended for separate occupancy and ownership, on all of lots within the subdivision, the Initial Committee shall turn control of the Architectural Control Committee over to the residents of Muskrat Slough Subdivision, whereupon a majority of the residents shall appoint 3 members from within the subdivision. All appointed members from the subdivision shall serve a 2 year term. In the event of death or resignation of any member of the committee, the remaining members shall have full authority to designate a successor for the balance f that member's term. The members committee shall not be entitled to any compensation for services performed pursuant to this covenant. The committee's approval or disapproval as required in these covenants shall be in writing. In the event the committee fails to approve or disapprove within 30 days after plans and specifications have been submitted to it, or in any event, if no suit to enjoin the construction has been commenced prior to the completion thereof, approval will not be required and the related covenants shall be deemed to have been fully complied with. The Architectural Control Committee will approve plans and placement of house on each lot at their own discretion and will not be responsible, or liable in any event if, in the course of decisions, a house should block a portion of all of anther's view, or of any other dispute that may arise form the committee's decisions. 13. Approved projects roust be completed within 8 months after issuance of a building permit. Failure to complete work within the prescribed time will cause the zpproval to be rescinded and resubmittal will be requked. The Architectural Control Committee may grant an extension under extenuating circumstances brought to its Attention. 14. Regarding the physical structure (i.e. ffimily dwelling and fencing) itself, the following ]11.-.. Roof The ...E shallA ! ! or Siding: Siding must be applied over ft sbecting o1z framed imk Fencing: All fencing shall conform to city standards regarding height - Painting: 15. Trees and shrubs or landscaping of any kind wig be kept neat and orderly, TM front year landscaping of each lot mug be completed within tbree (3) months from occupancy,whicheverevent shall firsi occur.- event of undue hardship due 1 ♦' a l 1 1. 1:.. 1 Ert:1 lots and lotspartiallyconstructed improvementsbe OMMi }. k": F i','! }..... i . ! i i• 1.1 ! 4 r... i :•. Ik ..,E _ ! I-_f.'• } ', r E`t i'",. <,.• a ^e, a a:- r:.: r _ e.._. deliverypointa1 property line to the service entrance panela1 residence. One television antenna allowed. 18. No oil drilling, oil development operations, oil refining, quarrying, ortuffi'MN if AI E WON, I- I': IE. -} I-F: 1 I a E= a Other structures designed for use in boring for natural gas shall be erected, maintained or permitted upon any lot. 19, No lot shall be used or maintained as a dumping ground. Rubbish, trash, garbage, or other waste shall not be kept except in sanitary containers, pending collection and removal. All incinerators or other equipment for the temporary storage or material shall be kept in a clean and sanitary condition. 20. These covenants are to run with the land and shall be binding on all parties and all persons claiming under them for a period of thirty (30) years from the date these covenants are recorded; after which time said covenants shall be automatically extended for successive periods of ten (10) years, unless an instrument signed by majority of the owners of the lots has been recorded, agreeing to change said covenants in whole or in part. 21. Enforcement shall be by proceeding at law or in equity against any person or persons violating or attempting to violate any covenant, either to restrain violation, or to recover damages. Invalidation of anyone of these covenants by judgment or court order shall in no way effect any of the other provisions, which shall remain in full force and effect. 22. Grass clippings, compost material and yard waste, shall not be placed within 20' of the high water of the slough. BY: Bate: C - - 5 7"z < STATE OF MONTANA :ss County of Flathead On this I day of 2cx:5 , before me, the undersigned, a Notary Public for the State of Montana, personally appeared TIM BIRK, known to me to be the person whose names are subscribed to the within institimrent, and acknowledged to me that they executed the same. IN WITNTSS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and year in this certificate last above written. STATE OF MONTANA ) :ss County of Flathead ) Recorded at the request of this day of Notary Pub c for the State of Montana Residing at My commission Expires j M 19 - i?.f:C; 6, at o'clock —M and recorded in the records of Flathead County, State of Montana. Fee $ Pd. RECEPTION NO. EC ! Flathead County Clerk and Recorder Deputy DECLARATION•. • i ruk THIS DECLARATION is made this i i day of F-- 20o�j by TIM BIRK, hereafter referred to as "Declarant", WHEREAS, Declarant is the owner of certain real property to the covenants, conditions and restrictions hereinafter set forth, each of which is and are for the benefit of said property and for each owner thereof, and shall inure to the benefit of and pass with said property and each and every parcel thereo4 and shall apply to and bind the successors in interest, and any owner thereof, WHEREAS, DecaIarant is desirous of subjecting said real property to the covenants, conditions and restrictions hereinafter set forth, each of which is and are for the benefit of said property and for each owner thereof; and shall inure to the benefit of and pass with said property and each and every parcel thereof, and shall apply to and bind the successors in interest, and any owner thereof; NOW, THEREFOR, the Declarant hereby declares that the real property hereinafter described is and shall be held, transferred, sold and conveyed to the covenants, conditions and restrictions hereinafter set forth; ARTICLE I [U,1039901 `I The real property which is and shall be held, transferred, sold and conveyed subject to the covenants, conditions, and restrictions hereinafter set forth, is located in Flathead County, Montana, and is more particularly described as follows to wit: Muskrat Slough Subdivision ARTICLE lI DEFINITIONS 1. "Association shall mean the association of the lot owners of the property known as Muskrat Slough Subdivision 2. "Owner" shall mean the record owner of a fee simple tide to any lot that is a part of the Property, and shall include contract buyers but not contract sellers. 3. "Property" shall mean the real property described in Article 1, Paragraph 1 above. 4. "Common Area" shall mean all real property owned by the Association for the Common use and enjoyment of the owners but not limited to parks, trails, roadways, easements, well sites, community cater system, recreational facilities, and surface or storm water collection and drainage systems. 5. "Lot" shall mean all lots ARTICLE III The property is subject to the covenants, conditions and restrictions hereby declared to insure the best use and the most appropriate development and improvement of each building site thereof, to protect the owners of building sites as will appreciate the value of their property, to preserve so far as is practicable the natural beauty of said property; to guard against the erection thereon of structures built of improper or unsuitable material; to encourage and secure the erection of attractive homes thereon; to adequately provide for a high quality of improvements on said property and thereby enhance the values of improvements made by purchasers of lots, to be responsible for operation and maintenance of the water system, waste water and storm water facilities in accordance with requirements set forth by the Montana Department of health and Environmental Sciences and be responsible for upkeep of the subdivision and common facilities. ARTICLE IV Section LOT "Lot" shall mean and refer to each of the 20 parcels of land which are shown on the Plat of the Project which are intended for individual ownership. Section 1.08. "Lender" shall mean a mortgage holding a first mortgage on any Lot or a beneficiary holding a first deed of trust on any Lot. Section 1.09. "Owner" shall mean and refer to the record owner, whether one or more persons or entities, of fee title to any Lot, including contract sellers, but excluding those having an interest in a Lot merely as security for the performance of an obligation. Section t.10. "Plat" shall mean and refer to the plat of record in Case of Maps, in the official records of the County Recorder of Flathead County, Montana by which Declarant has subdivided the Project. Section 1.11. "Project" shall mean and refer to all real property described herein, and such additions thereto as may hereinafter be brought within the jurisdiction of the Association. Section 2.01. Easements of EW2ynient. Every Owner shall have a right and easement of enjoyment in and to the Common Area which shall be appurtenant to and shall pass with the title in every Lot, subject to the following provisions: (a) The right of the Association to charge reasonable admission and other fees for the use of any recreational facility situated upon the Common Area. (b) The right of the Association to suspend the voting rights and right to use of the recreational facilities by an Owner for any period during which any assessment against his Lot remains unpaid: and for a period not to exceed sixty (60) days for any infraction of the published Association Rules (c) The right of he Association to dedicate, transfer or grant casements to all or any part of the Common Area to any public agency, authority, or utility for such purpose and subject to such conditions as may be determined by the Board, including the right to transfer all or part of the Conmion Area to the Muskrat Slough Subdivision Property Owners Association, Inc. Section 2.02. Delegation of Use Any Owner may delegate his right of enjoyment to the Common Area and facilities to the members of his family, his tenants, or contract purchasers who reside in the Project. ARTICLE VI Section 3.01. Membership. Every Owner of a Lot, which is subject to assessment, shall be a member of the Association. Membership shall be appurtenant to, and may not be separated from ownership of a Lot, which is subject to assessment. Upon transfer of title to any Lot, the new Owner shall automatically succeed to membership in the Association. Section 3.02. Voting Classes. The Association shall have two classes of voting membership. Class A: Class A members shall be all Owners with the exception of the Declarant and shall be entitled to one vote for each Lot owned. When more than one person holds an interest in any Lot, all such persons shall be members. The vote for such Lot shall be exercised as the members among themselves determine, but in no event shall more than one vote be case with respect to any Lot. Class B: The Class B member shall be the Declarant. The Declarant, as the Class B member, shall solely be entitled to vote in Association affairs and shall elect all members of the Board of Directors until the Class B membership shall cease and he converted into Class A membership. The Class B membership shall cease and be converted into Class A membership not later than 120 days after the happening of either of the following events, whichever occurs earlier. a. When 95% of the lots in the Project have been sold to owners by the Declarant, or b. On January 15, 2008 Section 3.03. Board of Directors. The governing body of the Association shall he the Board elected pursuant to the Bylaws. The Board sball consist of not less than three 0 nor more than five 0 members. The Board may act to increase or decrease it's membership within the aforesaid limits and to fill vacancies in its membership for the unexpired portion of any term. Except as otherwise provided in the Declaration, the Bylaws, or the Association Rules, the Board may act in all instances on behalf of the Association. The Board shall adopt the Bylaws and Association Rules. DATED this /_ day of re- iLL4e' , Zocll Muskiat Slo vision By: -`Tim Birk STATE OF MONTANA ss. County of Flathead On this 19 day of C�v J(D-, € , 7 o~5 , before me, the undersigned, a Notary Public for the State of Montana; personally appeared before me TIM BIRK, known to me to the be the person whose names are subscribed to the within instrument, and acknowledged to me that they executed the same, IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and year in this certificate last above written. Notary Public for the State bfMontana Residing at F2j411n My Commission Epires STATE OF MONTANA SS. County of Flathead Recorded at the request of This day of at o'clock M and recorded in the records of Flathead County, State of Montana. Fee $ Pd. "I 1 '7J._► m] Flathead County Clerk and Recorder Deputy _`NMI 76 77 58178 56 g i 59 ' so .., 101 102 103! 1041105 a 107 87`— 70K ME 117 118 .' 115 ---- 79 /FJ 108 86 `- 1 /�i/114` l iD9 - ---7 80 ' Jig ; `;G„' � ''SZS 119 120 d, !13 1l10 _ 84'� CONDO 7 118 ;121 L!2 1111 � 83182 PR2 &Pq — 70GE 6 • 122 -10 126i124l t23=`'i�Mi ! 13 2 15 ! 12 3 16 ; » 8!/_ 7, 8 9lza 'J311SG�a _. r- —V23 /�2E/22 A" 71 i 7H 1M KAT 19 li 3 1g ' 4 17 ,_ 616-718:9 i R-1 5CJ .AMD 10 5CHA 5CG 10 15 J7 17 c: 6 18 5 r� 1 4 3 87188 13 14'15. Awl) 5CB 27I 4 1 31 P7.1 v 'Jp compL ,K _B.: 2 3 `� 747�' �r�S� A6n V 1Cii�111 i lYlC1C TIM BIRK / BIRK ENGINEERING PRELIMINARY PLAT — (MUSKRAT SLOUGH SUBDIVISION) A 20 LOT RESIDENTIAL DUPLEX SUBDIVISION ON 8.98 ACRES & ANNEXATION AND INITIAL ZONING OF R-4, RESIDENTIAL FROM R-5, TWO FAMILY RESIDENTIAL WILLOW GLEN ZONING DISTRICT 77f7A PUR DATE: 7/20/01 FILE# KPP-01--1 SCALE 1" = 350' x:\&\ate\kPnol-l.a,:g e�. m Qes: )/MO1NY F BIRK �' JmuwY Pa0< FINAL SUBDIVISION PLAT of MUSKRATSLOUGH SE 114 NE 114 Section 20, T 28 K, R 21 W, Principal Meridian FletAeed Count, Menlo' Rueeeq Osire ��u. �aw°leou w� ka®arwrms .v...wu«.�ruw.w. +.+rre�.��. NS.u..'n'rine�r rT„