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H1. Final Plat and Agreement, Southside Estates, Ph.2PLANNING FOR THE FUTURE MONT"A REPORT TO: Doug Russell, City Manager FROM: Jarod Nygren, Senior Planner Planning Department 201 1" Avenue East Kalispell, MT 59901 Phone: (406) 758-7940 Fax: (406) 758-7739 www.kalisuell.com/ulanninE SUBJECT: Final plat request and Subdivision Improvement Agreement for Southside Estates Phase 2 MEETING DATE: November 18, 2019 BACKGROUND: Jackola Engineering submitted a request, on behalf of Team Development, LLC, for a 30-lot residential subdivision on 9.6-acres. The lots are broken up into 4 detached single-family lots and 26 townhouse lots for a total of 56 housing units. The subject property is located at 2100 Airport Road and can be described as Tracts 2A and 2E lying in the Southeast 1/4 of Section 19, Township 28 North, Range 21 West, P.M.,M., Flathead County, Montana, more particularly described in the attached Exhibit "A". The Kalispell City Council approved the preliminary plat with 23 conditions on March 5, 2018. All 23 conditions of the preliminary plat have been met or otherwise adequately addressed. The attached report summarizes the applicant's compliance with the conditions of approval contained within Resolution No. 5857. In addition, a Subdivision Improvement Agreement in the amount of $176,771.50 (125% of remaining cost) is included for City Council action. RECOMMENDATION: It is recommended that the City Council approve the final plat for Southside Estates Phase 2 and the Subdivision Improvement Agreement in the amount of $176,771.50. FISCAL EFFECTS: Positive impacts once developed. ALTERNATIVES: Deny the request. ATTACHMENTS: Final plat compliance letter and associated attachments. Report compiled: November 7, 2019 Aimee Brunckhorst, Kalispell City Clerk PLANNING FOR THE FUTURE November 6, 2019 Doug Russell, City Manager City of Kalispell 201 1st Ave E Kalispell, MT 59901 145Cox,#1►W41 Re: Final Plat request for Southside Estates Phase 2 Dear Doug: Planning Department 201 1' Avenue East Kalispell, MT 59901 Phone: (406) 758-7940 Fax: (406) 758-7739 www.kalispell.com/planning Our office has received an application for final plat approval from Jackola Engineering, on behalf of Team Development, LLC, for a 30-lot residential subdivision on 9.6-acres. The lots are broken up into 4 detached single-family lots and 26 townhouse lots for a total of 56 housing units. The subject property is located at 2100 Airport Road and can be described as Tracts 2A and 2E lying in the Southeast'/4 of Section 19, Township 28 North, Range 21 West, P.M.,M., Flathead County, Montana, more particularly described in the attached Exhibit "A" The Kalispell City Council approved the preliminary plat with 23 conditions on March 5, 2018. All 23 conditions of the preliminary plat have been met or otherwise adequately addressed. The following report summarizes the applicant's compliance with the conditions of approval contained within Resolution No. 5857. In addition, a Subdivision Improvement Agreement in the amount of $176,771.50 is included for City Council action. COMPLIANCE WITH CONDITIONS OF APPROVAL General Conditions: 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. Staff Response: This condition has been met. The submitted final plat is in compliance with the preliminary plat application documents. 2. The preliminary plat approval shall be valid for a period of three years from the date of approval. Staff Response: This condition has been met. Resolution 5857 approving the preliminary plat for Southside Estates Phase was approved on March 5, 2018, and is still valid. 3. The developer shall submit to the Kalispell Public Works Department for review and approval a storm water report and an engineered drainage plan that meets the requirements of the current city standards for design and construction. Prior to final plat, a certification shall be submitted to the public works department stating that the drainage plan for the subdivision has been installed as designed and approved. Staff Response: This condition has been met. Public Works issued a letter approving the storm water plan on June 12, 2018. The letter is attached hereto for reference. In addition, the developer has entered into a subdivision improvement agreement with the City of Kalispell that can be used by the city as collateral to assure all drainage infrastructure is installed to city standards for design and construction. 4. The developer shall submit to the Kalispell Public Works Department prior to construction an erosion/sediment control plan for review and approval and a copy of all documents submitted to Montana Department of Environmental Quality (DEQ) for the General Permit for Storm Water Discharge Associated with Construction Activities. Staff Response: This condition has been met. DEQ issued a letter on June 28, 2018 for General Permit for Storm Water Discharge Associated with Construction Activities. 5. The developer shall submit water and sanitary sewer plans, applicable specifications, and design reports to the Kalispell Public Works Department and the Montana Department of Environmental Quality for concurrent review, with approval of both required prior to construction. Staff Response: This condition has been met. Public Works issued a letter approving the water and sewer plan on June 12, 2018, and DEQ on March 22, 2019. The letters are attached hereto for reference. In addition, the developer has entered into a subdivision improvement agreement with the City of Kalispell that can be used by the city as collateral to assure all water and sewer infrastructure is installed to city standards for design and construction. 6. A sewer capacity analysis shall be completed on the existing lift station located at the north entrance to Southside Estates Phase 1 to verify the existing system has enough capacity. Staff Response: This condition has been met. Public Works issued a letter approving the sewer design on June 12, 2018. The letter is attached hereto for reference. 7. The developer shall submit the street design to the Kalispell Public Works Department for review and approval prior to construction. Staff Response: This condition has been met. Public Works issued a letter approving the street design on June 12, 2018. The letter is attached hereto for reference. In addition, the developer has entered into a subdivision improvement agreement with the City of Kalispell that can be used by the city as collateral to assure all street infrastructure is installed to city standards for design and construction. 8. The radiuses along Destiny Lane shall be designed for 25 mph. Staff Response: This condition has been met. Public Works has issued a letter approving the subdivision on June 12, 2018. The letter is attached hereto for reference. In addition, the developer has entered into a subdivision improvement agreement with the City of Kalispell that can be used by the city as collateral to assure all remaining infrastructure required is installed to city standards for design and construction. 9. Airport Road shall be upgraded to an urban standard in accordance with the City of Kalispell Construction and Design Standards the length of the property. Upgrades include curb and gutter, sidewalk, street trees and boulevard. Staff Response: This condition has been met. Public Works has issued a letter approving the subdivision on June 12, 2018. The letter is attached hereto for reference. In addition, the developer has entered into a subdivision improvement agreement with the City of Kalispell that can be used by the city as collateral to assure all remaining infrastructure required is installed to city standards for design and construction. 10. A letter from the Kalispell Public Works Department shall be submitted stating that all new infrastructure has been accepted by the City of Kalispell or a proper bond has been accepted for unfinished work. Staff Response: This condition has been met. The developer has entered into a subdivision improvement agreement with the City of Kalispell that can be used by the city as collateral to assure all infrastructure required, is installed to city standards for design and construction. The subdivision improvement agreement, which encompasses a detailed engineer's cost estimate of infrastructure improvements for Southside Estates Phase 2, is attached hereto for reference. 11. 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 letter from the Kalispell Public Works Department shall be obtained stating that the required easements are being shown on the final plat. Staff Response: This condition has been met. Public Works issued a letter approving the utility easements on September 27, 2019. The letter is attached hereto for reference. 12. The following statement shall appear on the final plat: "The undersigned hereby grants unto each and every person, firm or corporation, whether public or private, providing or offering to provide telephone, telegraph, electric power, gas, cable television, water or sewer service to the public, the right to the joint use of an easement for the construction, maintenance, repair, and removal of their lines and other facilities, in, over, under, and across each area designated on this plat as "Utility Easement" to have and to hold forever." Developer's Signature Staff Response: This condition has been met. The statement and signature block are on the final plat. 13. Prior to filing the final plat, a letter from the U.S. Postal Service shall be included stating the Service has reviewed and approved of the design and location of the mail delivery site. The mail delivery site shall be installed or bonded for prior to final plat. In addition, the mail delivery site and improvements shall also be included in the preliminary and final engineering plans to be reviewed by the Public Works Department. The mail delivery site shall not impact a sidewalk or proposed boulevard area. Staff Response: This condition has been met. U.S. Postal Service issued a letter on August 28, 2019, showing compliance with this section. The letter is attached hereto for reference. The provision for the mailbox turnout is included in the subdivision improvement agreement and the design does not impact sidewalk or proposed boulevard areas. 14. A homeowner's association (HOA) shall be formed and established for the common areas prior to final plat. The HOA should include provisions for the maintenance of all common areas including storm water ponds and wastewater lift station. Staff Response: This condition has been met. Provision for the establishment of an HOA is included in the CC&R's for the subdivision and will be recorded with the final plat. 15. A letter shall be obtained from the Kalispell Parks and Recreation Director approving a landscape plan for the placement of trees and landscaping materials within the landscape boulevards of the streets serving the subdivision. The approved landscape plan shall be implemented or a cash in lieu payment for installation of the street trees and groundcover be provided to the Kalispell Parks and Recreation Department. Staff Response: This condition has been met. The Kalispell Parks and Recreation Director issued a letter on October 9, 2019 approving the landscaping. The letter is attached hereto for reference. 16. A cash in lieu of parkland in the amount of .03 acres per dwelling unit shall be provided. The cash payment will be based off of the fair market value of undivided, unimproved land prior to final plat approval. Staff Response: This condition has been met. This condition has been met. A cash in lieu of parkland payment has been made in the amount of $18,913.31 for the subdivision. 17. A minimum of two-thirds of the necessary infrastructure for the subdivision shall be completed prior to final plat submittal. Staff Response: This condition has been met. A engineer's cost estimate has been submitted indicating that more than two-thirds of the necessary infrastructure has been installed. A subdivision improvements agreement has been submitted for the remaining infrastructure for the subdivision. 18. All utilities shall be installed underground. Staff Response: This condition has been met. Utilities have either been constructed underground, or will be constructed in the near future, at which time they will be verified via filed inspection by Public Works. 19. All areas disturbed during development shall be re -vegetated with a weed -free mix immediately after development. Staff Response: This condition has been met. Per the approved plans all areas disturbed during construction shall be revegetated with a weed -free mix, at the appropriate time the site will be verified via field inspection by Public Works. 20. Basements are prohibited within the subdivision due to high groundwater. Staff Response: This condition has been met. No basements are proposed within the subdivision. 21. Foundation drains and emergency sump pumps shall be installed at all residences that contain a crawl space. Staff Response: This condition has been met. A letter from Mountain Reign Construction confirming emergency sump pumps will be installed in the houses with crawl spaces. 22. A 20-foot wide water and utility easement shall be provided for Destiny Lane to the subdivisions southern property boundary providing for extension of services to neighboring properties. Staff Response: This condition has been met. The 20-foot wide water and utility easement is shown on the final plat. 23. A variance to Sections 28.3 and 28.3.13 of the Kalispell Subdivision Regulations shall be granted waiving the requirement of a maximum 600-foot long block lengths and therefore not requiring one or more street right-of-way extensions extending south from Destiny Lane to the southern boundary of the subdivision. Staff Response: This condition is not applicable. The site plan does not include street extensions to the south. COMPLIANCE WITH THE SUBDIVISION REGULATIONS: This subdivision plat has been found to be in compliance with the State and City subdivision regulations. COMPLIANCE WITH THE ZONING REGULATIONS This subdivision complies with the Kalispell Zoning Ordinance and the R-4 and RA-1 zoning designations of the subject property. RECOMMENDATION: It can be found that the conditions of preliminary plat approval have been met or are otherwise adequately addressed. It is recommended that the Kalispell City Council approve the final plat for Southside Estates. Please schedule this matter for the regular city council meeting on November 18, 2019. Attachments: - Two mylars of final plat - 11 x 17 copy of final plat - Applicant responses and final plat application dated 10/15/2019 - Fidelity National Title Report FT1585-192381, dated 8/30/2019 - Consent to Plat dated 9/9/2019 - Subdivision Improvement Agreement and bond - Engineer's Cost Estimate - Declarations and Covenants - Flathead County tax certification dated October 21, 2019 - Letter from Kalispell Public Works Department (engineering approval) dated 6/12/2018 - Letter from Kalispell Public Works Department (Utility Easements) dated 9/27/2019 - Montana Department of Environmental Quality approval letters dated 3/22/2019 and 6/28/2018 - Letter from USPS dated 8/28/2019 - Parks and Recreation letter dated 8/9/2019 - Copy of check for cash in lieu of parkland - Letter from Mountain Reign Construction c w/ Att: Aimee Brunckhorst, Kalispell City Clerk PLANNING FOR THE FUTURE MONTANA Planning Department 201 1" Avenue East Kalispell, MT 59901 Phone: (406) 758-7940 Fax: (406) 758-7739 N"vw.kaIisi3eIt.com/DIanninLY RECEIVED FINAL PLAT APPLICATION OCT 1 5 2019 Project /Subdivision Name: Southside Estates Phase 2 Contact Person: Owner & Mailing Address: Name: Rory Young _ Team Development LLC Address:_2250 Hwy 93 South _ PO Box 1642 Kalispell, MT 59901 Brush Prairie, WA 98606 Phone No.: 406.755.3208 Date of Preliminary Plat Approval: March 5, 2018 Type of Subdivision: Residential __XIndustrial Commercial PUD Other Total Number of Lots in Subdivision 30 Land in Project (acres) 9.625 Parkland (acres) No. of Lots by Type: Single Family 4 Duplex Commercial Condominium 0 Cash -in -Lieu $ 18 913.31 Exempt Townhouse 26 Mobile Home Park Apartment Recreational Vehicle Park Industrial Planned Unit Development Multi -Family Other Legal Description of the Property County Tract No.'s 2A & 2E in the SE 1 4 SE 1 4 of Section 19 T28N R21W, P.M.,M., Flathead County, Montana FILING FEE ATTACHED $ 4,550.00 Minor Subdivision with approved preliminary plat Major Subdivision with approved preliminary plat Subdivisions with Waiver of Preliminary Plat Subdivision Improvements Agreement $400 + $125/lot $800 + $125/lot $800 + $125/lot $50 I Attached Not Applicable (MUST CHECK ONE X Health Department Certification (Original) X Title Report (Original, not more than 90 days old) X_ Tax Certification (Property taxes must be paid) X Consent(s) to Plat (Originals and notarized) X Subdivision Improvements Agreement (Attach collateral) _._X Parkland Cash -in -Lieu (Check attached) —X Maintenance Agreement —X Plats: 2 mylars 1 11X17 Copy 1 full size copy 1 Electronic Copy **The plat must be signed by all owners of record, the surveyor and the examining land surveyor. Attach a letter, which lists each condition of preliminary plat approval, and individually state how each condition has specifically been met. In cases where documentation is required, such as an engineer's certification, State Department of Health certification, etc., original letters shall be submitted. Blanket statements stating, for example, "all improvements are in place" are not acceptable. A complete final plat application must be submitted no less than 60 days prior to expiration date of the preliminary plat. When all application materials are submitted to the Kalispell Planning Department, and the staff finds the application is complete, the staff will submit a report to the governing body. The governing body must act within 30 days of receipt of the revised preliminary plat application and staff report, Incomplete submittals will not be accepted and will not be forwarded to the governing body for approval. Changes to the approved preliminary plat may necessitate reconsideration by the planning board. I certify that all information submitted is true, accurate and complete. I understand that incomplete information will not be accepted and that false information will delay the application and may invalidate any approval, The signing of this application signifies approval for Kalispell Planning staff to be present on the property for routine monitoring and inspection during the approval and development process. "NOTE: Please be advised that the County Clerk & Recorder requests that all subdivision final plat applicationsPe accompanied with a digital copy, Signature Date **Aldigital copy of the final plat in a Drawing Interchange File (DXF) format or an AutoCAD file format, consisting of the following layers: 1. Exterior boundary of subdivision 2. Lot or park boundaries 3. Easements 4. Roads or rights -of -way 5. A tie to either an existing subdivision corner or a corner of the public land survey system 91 SUBDIVISION Guarantee/Certificate Number: Issued By: 0Fidelity National Title FT1585-192381 Insurance company FIDELITY NATIONAL TITLE INSURANCE COMPANY a corporation, herein called the Company GUARANTEES Jackola Engineering herein called the Assured, against actual loss not exceeding the liability amount stated in Schedule A which the Assured shall sustain by reason of any incorrectness in the assurances set forth in Schedule A. LIABILITY EXCLUSIONS AND LIMITATIONS 1. No guarantee is given nor liability assumed with respect to the identity of any party named or referred to in Schedule A or with respect to the validity, legal effect or priority of any matter shown therein. 2. The Company's liability hereunder shall be limited to the amount of actual loss sustained by the Assured because of reliance upon the assurance herein set forth, but in no event shall the Company's liability exceed the liability amount set forth in Schedule A. Please note carefully the liability exclusions and limitations and the specific assurances afforded by this guarantee. If you wish additional liability, or assurances other than as contained herein, please contact the Company for further information as to the availability and cost. ;Fidelity National Title Insurance Company By: Fidelity National Title Company of Flathead Valley, LLC 1807 3rd Ave E Kalispell, MT 59901 Countersigned By: 'V"&_JLt"A� Authorized Officer or Agent ,au � SEAL r Attest: President Secretary Subdivision Guarantee/Certificate Printed: 09.11.19 @ 08:37 AM Page 1 MT-FT-FLAT-01585.35o2oo-SPS-1-19-FT1585-192381 GUARANTEE/CERTIFICATE NO. FIDELITY NATIONAL TITLE INSURANCE COMPANY ISSUING OFFICE: Title Officer: Karla Kemm (LC) Fidelity National Title Company of Flathead Valley, LLC 1807 3rd Ave E Kalispell, MT 59901 Main Phone: (406)755-7004 Email: Karla.Kernm@fnf.com SCHEDULE A FT1585-192381 Liability Premium Tax $10,000.00 $150.00 $0.00 Effective Date: August 30, 2019 at 0&00 AM The assurances referred to on the face page are: That, according to those public records which, under the recording laws, impart constructive notice of matter relative to the following described property: SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF Title to said real property is vested in: Team Development, LLC, a Washington limited liability company subject to the matters shown below under Exceptions, which Exceptions are not necessarily shown in the order of their priority. END OF SCHEDULE A Guarantee/Certificate Printed: 09.11.19 @ 08:37 AM Page 2 MT-FT-FLAT-01 585.350200-SPS-1 -1 9-FT1 585-192381 EXHIBIT "A" Legal Description That portion of the Southeast Quarter of the Southeast Quarter of Section 19, Township 28 North, Range 21 West, Principal Meridian, Montana, Flathead County, Montana and being more particularly described as follows. - Commencing at the northeast corner of the Southeast Quarter of the Southeast Quarter of said Section 19; Thence on and along the north line of the Southeast Quarter of the Southeast Quarter S89003'52"W, a distance of 30.00 feet to the westerly right-of-way of Airport Road, a 60-foot deeded road and being the true Point of Beginning: Thence S00"01'22"E on and along said right-of-way, a distance of 326.36 feet; Thence S89°29'04"W and leaving said right-of-way, a distance of 573.49 feet; Thence S89°29'17"W, a distance of 197.18 feet; Thence S89034'45"W, a distance of 533.57 feet to west line of the Southeast Quarter of the Southeast Quarter of Section 19; Thence N00009'25"W, a distance of 315.90 feet to the northwest corner of the Southeast Quarter of the Southeast Quarter of Section 19, Thence on and along the north line of the Southeast Quarter of the Southeast Quarter N89°03'52"E, a distance of 1305.10 feet to the Point of Beginning. The above described property to be known as Southside Estates Subdivision Phase 2. Subdivision GuaranteelCertiflcate Printed: 09.11.19 (off 08:37 AM Page 3 MT-FT-FLAT-01585.350200-SPS-1-19-FT1585-192381 GUARANTEE/CERTIFICATE NO. FIDELITY NATIONAL TITLE INSURANCE COMPANY FT1585-192381 SCHEDULE B a. Rights or claims of parties in possession not shown by the Public Records. b. Encroachments, overlaps, boundary line disputes, and any other matters which would be disclosed by an accurate survey and inspection of the Land including, but not limited to, insufficient or impaired access and matters contradictory to any survey plat shown by the Public Records. c. Easements, or claims of easements, not shown by the Public Records. d. Any lien, or right to a lien, for services, labor, or material heretofore or hereafter furnished, imposed by law and not shown by the Public Records. e. (a) unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters accepted under (a), (b), (c) are shown by the Public Records. f. Taxes to special assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records. Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records. g. County road rights -of -way, not recorded and indexed as a conveyance of record in the office of the Clerk and Recorder pursuant to Title 70, Chapter 21 MCA, including, but not limited to any right of the public to use and occupy those certain roads and trails. h. Mineral rights, claims or title to minerals in or under said land, including but not limited to metals, oil, gas, coal, or other hydrocarbons, sand, gravel, or stone, and geothermal energy rights, and easement or other rights or matters relating thereto, whether express or implied, recorded, or unrecorded. Paragraphs 1, a, b, c, d, and f will not appear as printed exceptions on extended coverage policies, except as to such parts thereof which may be typed as a Special Exception as shown below. SPECIAL EXCEPTIONS: 1. General Taxes for the year 2018 1st Half: $2,036.09 PAID 2nd Half: $2,036.06 PAID Tax ID No.: 75-0007150 2. General County Taxes for the year 2019 and subsequent years, which are a lien but not yet due or payable. 3. Any possible additional tax assessments because of construction and/or improvements to the property. 4. Delinquent water and service charges of the City of Kalispell, if any, for which no investigation has been made. 5. Recitals, notes, sanitary restrictions, ordinances, resolutions, easements, dedications and covenants as contained or referred to on Deed Exhibit recorded September 8, 1947 in Book 278, page 460, Reference is hereby made to the survey for more particulars. Subdivision Guarantee/Certificate Printed: 09.11.19 @ 08:37 AM Page 4 MT-FT-FLAT-01585.350200-SPS-1-19-FT1585-192381 FIDELITY NATIONAL TITLE INSURANCE COMPANY Fire Apparatus Access Road Agreement Recording Date Recording No.: Resolution No. 5849 Recording Date Recording No.: August 23, 2017 201700020566 December 8, 2017 201700030147 SCHEDULE B (continued) GUARANTEEICERTIFICATE NO. FT1585-192381 8. A trust indenture to secure an indebtedness in the amount shown below, Amount: $1,825,000.00 Dated: June 11, 2019 Trustor/Grantor: Team Development, LLC, a Washington limited liability company Trustee: Alliance Title & Escrow Beneficiary: TraiWest Bank Recording Date: June 11, 2019 Recording No.: 201900011405 9. Notice of Right to Claim a Lien Claimed by: Dalco, Inc. dba Montana CAD Against: Team Development LLC For: construction materials and services Recording Date: August 1, 2019 Recording No.: 201900015856 10. Recitals, notes, dedications, easements, certificates and covenants as contained on the proposed plat of Southside Estates Subdivision Phase 2. Reference is hereby made to the plat for more particulars. 11. State of Montana Department of Environmental Quality Certificate of Subdivision Approval to be recorded with the proposed plat of Southside Estates Subdivision Phase 2, if any. 12. Survey, when recorded, must be in compliance with the provisions of the Montana Subdivision and Platting Act, 1973 (Sections 76-3-101 MCA through 76-3-614 MCA) and the regulations adopted pursuant thereto. 13. We find the described property to be located in Kalispell Fire District, 14. The land described in the commitment/policy shall not be deemed to include any home trailer or mobile home located on the property. 15. Exceptions and reservations contained in Patents of record. END OF SCHEDULE B Subdivision Guarantee/Gertifcate Printed: 09.11.19 @ 08:38 AM Page 5 MT-FT-FLAT-01 585.350200-SPS-1-19-FT1 585-192381 10111 12 41 42 143 144 14*14t, 147 uo vy of 01 v t Or 67 BL ESTONE �� 0 Q 1AB 19-28-21 as 39 }46 Y 21 6 B SN7 7 22 6 A 6 P'217' pill 11MEMEN IN a �r�� 1 AA 69 OJ 613 1kt.: 7B DARLYNGTON 6 Yq� � Q" Sli 34 1ss '59 FCC ,14 12B 71 �J 38 39 E9 t09 179 33 1.9 nt 167 166 165 164 163 1n2 t61 16J Vg t13 1B2 1,z r— �k�R J V 76 200 if3 1T3 t7a` 17v 17117B 171 tAJ t8t 171 m 32 S ly y 72 172 y 0 71GN7 mx 4tat 0RDENWAY n 0 r 1100 tot2m Q mm op GN2 q4 B3 se JE\O 97 98 iO4 103 102 7a 5' 7 0 m EZ2 xa5 87 8G9A 90 105 1N+ z s EDZ 205 9J� 92 cQi 5A KEEN CV Fz W 73 209 86 93 i06 75 61 7_a g GN3 T7i 6 N7 210 2,1 65 94 95 1071 108 109 110 76 �O'N5 4R en 7,=aGN6 841 83 62 Bt 60l 79 78 77 5 n 57 �' 1 Asa 1 4 iIt 16 105 era 27 G GRFATVIEVV IN+ O i8 if IP21 SOV a 59 '} 26 25 24 23 22 21 20 19 18 17 16 15 14 13 12 11 }0 9 B �h 6 5 4 3 2 1 4 1 2 F s'" SHLEY PAR 3 2 } SK Q 5 4 3 2 1 7 6 5 3 2 1 CONDO 6 5 A M 4C St '� TEAL DR TEAL DR SF3 t 3 8 g 1122 7 21 29 22 7 8 23 24 ato 79 ❑ 6 26 2 27 23 B 0 8 23 L) j 8 9 5 26 22 AREAA q Lr 1 8 24 ❑ TEAL DR 5 35 27 24 9 19 27 24 w 9 1p 27 28 21 6A 34 28 2 © 9 25 1018 1 26 25 ❑ J 1011 20 6B W I 9 0 26 1 29 30 qG TA 33 29 2 }8 HARLEQUIN CT 11 17 - 12 CANVA3BACK CT 19 7B 32 30 21 I 11 40 1 8A 31 mo 20 17 16 15 4 3 12 ;nnPnt I� 14 13 12 t3 14 15 16 17 18 I 89 w 19 12 13 14 15 16 17 --'t ❑ 6 18 19 9 14 1 v 17 20 16 17 18 19 20 21 I p 18 PINTAIL CT iB 13 ID 21 15 COOT CT 22 111?1 17 11 7 23 19 12 I o 30 26 r 4 4 30 23 122 7r-1 27 -116 23 31 0 109 N g 8 24 20 11 LU 24 11p,P 8 29 25 21 10 32 2 9 2413 r,1P2t 12 6 32 25 1 d ,5P 7 30 26 2 9 33 29 25 11 26 ¢ m ¢ m a m �066 MERGANSER DR $P v 413B ammo ;y6 m Q �^ m �� in Qmp r¢,t m Nm.- o ti o a Q m m m a m a m m a m a m¢ m _a _ 1 F r � 1 4BG+ W B %YS m DESTINYLN 2E 2A � 'ry 9 S Y T� 27 p 12 `S Q m omo 2EAD 2EAB 12EAA 2EAC SUBJECT 2EAf A � 6� 9�tS 4B+ , 16A 22B 2FA 65 22A 2F 1 17A 208 2FB 175 eon 1 19B 19 1Bs I 2D I 2 } I 4 1 4BCA + 2 \<el I 1 The map/plat is being furnished as an aid in locating the herein described Land in relation to adjoining streets, natural boundaries and other land, and is not a survey of the land depicted. Except to the extent a policy of title insurance is expressly modified by endorsement, if any, the Company does not insuredimensions, distances, location of easements, acreage or other matters shown thereon. JMJJJJlJNJJJlJJ111�11DlllllJJMJJ11JEll0#11111Jill I flllllllll11H 01700er2- Fees:g14.00 Dehhie Pierson, Flathead County MT by 55 8/15/2017 2:13 PUI 3 v This Document Prepared By: Fidelity National Title Company of Flathead Valley, LLC 1807 3rd Ave E Kalispell, MT 59901 After Recording Return To: Brian G Wells Team Development, LLC, a Washington limited liability company P.O. Box 1642 Brush Prairie, WA 98606 Order No.: FT1585-171059-MG WARRANTY DEED Recorded by Fldelity Notional Title FHT_ 12U-2-, For Value Received James Justin Aker, the grantor(s), do(es) hereby grant, bargain, sell and convey unto Team Development, LLC, a Washington limited liability company, of P.O. Box 1642, Brush Prairie, WA 98606, the grantee(s), the following described premises, in Flathead County, Montana, to wit: A tract of land in the SE114 of the SE114 of Section 19, Township 28 North, Range 21 West, more particularly described as follows: Beginning at a point which is 30 feet West of the SE corner of said Section 19; thence North and along the Westerly boundary of a County Road, 997,5 feet to a point, which is the place of beginning of the tract to be described herein; thence South 89'15' West 645 feet; thence Westerly and parallet with the North boundary of said SE114SE1/4, 645 feet to a point on the West boundary of said SE114SE914; thence Northerly along the West boundary of said SE114SE114, 322.5 feet to the NW corner of said SE114SE114; thence Easterly along the North boundary of said SE114SE114, 1290 feet to a point on the Westerly boundary of the County Road; thence Southerly along the Westerly boundary of said County Road, 322.5 feet to the place of beginning. TO HAVE AND TO HOLD unto the Grantee and to the heirs and assigns forever, subject, however, to: A. All reservations and exceptions of record and in patents from the United States or the State of Montana; B. All existing easements and rights of way of record, building, use zoning, sanitary and environmental restrictions; C. Taxes and assessments for the year 2017 and subsequent years; D. All prior conveyances, leases or transfers of any interest in minerals, including oil, gas and other hydrocarbons; Except with reference to items referred to in paragraphs above, this Deed is given with the usual covenants expressed in §30-11-110, Montana Code Annotated. This conveyance is made and accepted upon the express agreement that the consideration heretofore paid constitutes an adequate and full consideration in money or money's worth. IN WITNESS WHEREOF, the undersigned have executed this document on the date(s) set forth below. ames Justin AI er Deed (warranty) Printed: 08,11.17 @ 03:22 PM by MG MTD0005.dooIUpdated: 06.1616 Paga 1 MT-FT-FLAT-01585.350100-FT1585-171059 FLATHEAD COUNTY 2018 REAL ESTATE TAX BILL / Adele Krantz, Treasurer / 935 ist Ave W Ste T Kalispell MT 59901 f� � (406) 758-5680 http:lltl athead.mt.govlp roperty_tax ASSESSOR NUMBER: 0007150 TAX BILL NUMBER: 201848179 TEAM DEVELOPMENT LLC SCHOOL DISTRICT: 75 PO BOX 1642 GEO CODE: 07396619402180000 BUSH PRAIRIE WA 98606 Property Location: Multiple Physical Addresses Present Parties with ownership interest as of January 1, 2018 Property Description Owner of Record....,. TEAM DEVELOPMENT LLC 192a 21 TR2A8 TR 2E IN SE45E4 Type of Property Market value Taxable Value pescription Percentage Amount Real Estate 95,921 1,295.00 County Functions 13.11% 533.88 lmprovements 100,579 1,3s8.00 Education 31.95% 1301.76 ----------------------- - City Functions 54.81% 2232.02 Totals 196,500 2,653.00 ache, 0.11% 4.49 SUMMARY OF TAXES, LEVIES & FEES COUNTY 067880 180.07 COUNTY LIBRARY 006810 18.07 SHERIFF 042600 113.02 CO PERM MED LEVY 012530 33.24 NOXIOUS WEEDS .002130 5.65 COUNTYWIDE MOSQUITO .000950 2.52 911 GENFR DBLIG BOND .001880 4.99 PERM SRS LEVY .000700 1.96 BOARD OF HEALTH .004900 13.00 COUNTY LANDFILL 161.46 SUBTOTAL - TAXES FOR COUNTY FUNCTIONS... .140380 533.88 STATE - UNIVERSITY 006000 15.92 GENERAL SCHOOLS .106400 282.28 STATE - SCHOOL AID .040000 106,12 FLAT VAL COM COLLEGE .016170 42.90 FLATHEAD HIGH SCHOOL .099380 263.66 KAL CITY ELEM 75 .218550 579.84 FVCC PERMT5 MED LEVY .004160 11.04 SUBTOTAL - TAXES FOR EDUCATION.......... .490670 1301.76 KALISPELL CITY .182760 484.8E KAL PERM MED LEVY .023000 61.02 KAL LIGHTING 50 687.83 KAL STORM SEWER 198.31 KAL URBAN FOREST DST 413.00 KAL STREET MAINT 387.00 SUBTOTAL - TAXES FOR CITY FUNCTIONS..... .20S760 2232.02 SOIL & WATER CONSERV .001690 4.49 SUBTOTAL - OTHER TAXES AND FEES......... .001690 4.49 Total Mills Levied 0.838500 Total Taxes and Fees . . . 4072.15 3669 1st Installment due 11/30/2018 = 2036.09 2nd Installment due 05/31/2019 = 2036.06 Tax paid receipts will be mailed only if a self-addressed stamped envelope is enclosed. To pay or view taxes online, go to http://flathead.mt.gov/property_tax. A 3% fee will be charged on all credit/debit card payments. There is no fee to pay by e-check. Payments made after 5:00 pm or postmarked after the due date must include 2% penalty & monthly interest of 516 of 1% (0.008333). Flathead County no longer accepts checks drawn on Canadian Banks Keep upper portion for your records Return stub with payment. Payment must be hand delivered, paid online, or postmarked by 5 00 PM on: MAY 31, 2019 Make checks payable to FLATHEAD COUNTY TREASURER Please Include your tax bill number on your check. ASSESSOR NUMBER: 0007150 Pa b e-check, credit debit card online at htt y y / p://flathead.mt.gav/property_tax TAX BILL NUMBER: 201848179 SCHOOL DISTRICT: 75 DO NOT PAY THIS IF IT IS INCLUDED IN YOUR MORTGAGE PAYMENT If your address has changed, please make corrections below. No additional notice will be TEAM DEVELOPMENT LLC sent for this installment. PO BOX 1642 BUSH PRAIRIE WA 98606 T A t D 2ND 2018 REAL ESTATE MWiiiioiiioiiiii�mioli�ii�� ------------------------------------------------------------------ Return stub with payment. Payment must be hand delivered, paid online, or postmarked by 5:00pm on: NOVEMBER 30, 2018 Make checks payable to FLATHEAD COUNTY TREASURER Please include your tax bill number on your check. ASSESSOR NUMBER: 0007150 Pay by e-check, credit/debit card online at http://flathead.mt.gov/property_tax TAX BILL NUMBER: 201848179 DO NOT PAY THIS IF IT IS INCLUDED IN YOUR MORTGAGE PAYMENT SCHOOL DISTRICT: 75 If your address has changed, please make corrections below. Tax Amount Due: 2036.09 TEAM DEVELOPMENT LLC PO BOX 1642 4072.15 BUSH PRAIRIE WA 98606 II ff I I I i l l I i f f 1 ST 2018 REAL ESTATE II I I ll �I� a �II u I� II i II I I) 1 II 1 l II II II I I ll CONSENT TO PLAT This is in regard to Southside Estates, Phase 2 located in that portion of the Southeast Quarter of the Southeast Quarter of Section 19, Township 28 North, Range 21 West, Principal Meridian, Montana, Flathead County, Montana and being more particularly described as follows: Commencing at the northeast corner of the Southeast Quarter of the Southeast Quarter of said Section 19; Thence on and along the north line of the Southeast Quarter of the Southeast Quarter S89°03'52"W, a distance of 30.00 feet to the westerly right-of-way of Airport Road, a 60-foot deeded road and being the true Point of Beginning: Thence S00°01'22"E on and along said right-of-way, a distance of 326.36 feet; Thence S89°29'04"W and leaving said right-of-way, a distance of 573.49 feet; Thence S89°29'17"W, a distance of 197.18 feet; Thence S89°34'45"W, a distance of 533.57 feet to west line of the Southeast Quarter of the Southeast Quarter of Section 19; Thence N00'09'25"W, a distance of 315.90 feet to the northwest corner of the Southeast Quarter of the Southeast Quarter of Section 19, Thence on and along the north line of the Southeast Quarter of the Southeast Quarter N89°03'52"E, a distance of 1305.10 feet to the Point of Beginning. Trail West Bank, of Kalispell, Montana, does hereby consent to the filing of said subdivision. + Dated this q of 2019. Rod Leese, Branch Presid—ent STATE OF MONTANA) ss COUNTY OF FLATHEAD) On this " 1 day of��P,Oif M iffU9, before me, a Notary Public of the State of Montana, personally, appeared Rod eese, Branch President of Trail West Bank, personally known to me to be the person whose name is subscribed to this instrument, and acknowledged that he/she executed the same. In witness thereof, I have hereunto set my hand and affixed my notarial seal the day and year in the certificate first above written. LQ - yp1 MCC MONYA I IIIICCULLY at0 �otARrq{4A NOTARY PUBLIC far the Notary Publ9 State of Montana * * SEAL. State of Montana Residing at Bigfork, Montana My commission Expires -OFMo� September 17, 2019 Return to: Aimee Brunckhorst Kalispell City Clerk 201 1' Avenue East Kalispell, MT 59901 APPENDIX E SUBDIVISION IMPROVEMENT AGREEMENT THIS AGREEMENT, made and entered into this 28th day of October , 20 19 , by and between the CITY COUNCIL, CITY OF KALISPELL, MONTANA, Party of the First Part and hereinafter referred to as the CITY, and Team Development, LLC (Name of Developer) a Limited Liability Corporation (Individual, Company or Corporation) located at PO Box 1642 Brush Prairie, WA 98606 (Street Address/P. O. Box) (City, County, State, Zip) Party of the Second Part and hereinafter referred to as DEVELOPER. WITNESSETH: THAT WHEREAS, the Developer is the owner and developer of a new subdivision known as Southside Estates Subdivision Phase 2 (Name of Subdivision) Southeast Quarter of the Southeast Quarter of Section 19, Township 28 North, Range 21 West, located at Principal Meridian, Montana, Flathead County, Montana (Location of Subdivision) and, WHEREAS, the City has conditioned it's approval of the final plat of Southside Estates Subdivision Phase 2 upon the conditions as set forth (Name of Subdivision) 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 $ 1,288,588.40 NOW THEREFORE, in consideration of the approval of the final plat of said Subdivision by the City the Developer hereby agrees as follows: 1. The Developer shall deposit as collateral with the City a Letter of Credit, or other acceptable collateral as determined by the City Council, in the amount of $ 176,771.50 . Said Letter of Credit or other collateral shall have an expiration date of at least sixty (60) days following the date set for completion of the improvements, certifying the following: a. That the creditor guarantees funds in the sum of $ 176,771.50 the estimated cost of completing the required improvements in Southside Estates Subdivision Phase 2 (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; That said required improvements shall be fully completed by July 30th , 20 20 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 two (2) years from the date of acceptance of the completion of those improvements by the City; c. That the Developer knows of no defects in those improvements; d. That these improvements are free and clear of any encumbrances or liens, e. That a schedule of actual construction costs has been filed with the City; and, f. All applicable fees and surcharges have been paid 4. The Developer shall cause to be filed with the City copies of final plans, profiles, grades and specifications of said improvements, with the certification of the registered professional engineer responsible for their preparation that all required improvements have been installed in conformance with said specifications. IT IS ALSO AGREED BY AND BETWEEN THE PARTIES HERETO AS FOLLOWS, TO -WIT: That the Developer shall provide for inspection of all required improvements by a registered professional engineer before the Developer shall be released from the Subdivision Improvement Agreement. That if the City determines that any improvements are not constructed in compliance with the specifications, it shall furnish the Developer with a list of specific deficiencies and may withhold collateral sufficient to insure such compliance. If the City determines that the Developer will not construct any or all of the improvements in accordance with the specifications, or within the required time limits, it may withdraw the collateral and employ such funds as may be necessary to construct the improvement or improvements in accordance with the specifications. The unused portions of the collateral shall be returned to the Developer or the crediting institution, as is appropriate. IN WITNESS WHEREOF, the Parties have hereunto set their hands and seals the day and year herein before written. Southside Estates Subdivi on Phase 21Team Development, LLC (Name oubdivision/1]ev oper by z `- Manager (Name) % (Title) :r STATE'417 a AT20 W M Ik C3LNTY OF MA P-1 COPA On this �'. q day of OCR P'� , 20 1 ` ,before me, a Notary Public for the State of personally appeared eRt A Q LU.7> known to me to be the ARt7ii �� r►$�i\C CCR . of TI PltA Psi tiiT i LC= , 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 Seal this day and year first above written f } � f Maria Fuentes Notary PubU for the State off .ARI C-C ti.'Sc _ Notary Public Printed Name MAt4 A --FUEN —j Z E-5 Maricopa County, Arizona My Comm, Expires 04-24-2020 Residing;at —r 0Z.O,i; My Commission Expires C q/Zq% W[C) MAYOR, CITY OF KALISPELL ATTEST: MAYOR CITY CLERK EXHIBIT A Conditions of approval as fixed to the preliminary plat by the City Council, Kalispell, Montana. EXHIBIT B This agreement specifically includes the following improvements, their projected construction completion date and estimated construction costs. CHECK CONSTRUCTION ESTIMATED PERCENTAGE APPROPRIATE COMPLETION CONSTRUCTION COMPLETE IMPROVEMENTS DATE COSTS Street Grading/Paving Street Base Sidewalks Curbs and Gutters Sanitary Sewers Mains Other ( ) On -Site Sewage Facilities Water Systems Mains Other ( ) On -Site Water Supply Water Storage Tanks Fire Hydrants Stone Sewer or Drainage Facilities Street Signs Street Lighting Street Monuments Survey Monument Boxes Landscaping/Boulevard trees Other ( ) SUBTOTAL FEES TOTALS COSTS TOTAL COLLATERAL (TOTALS COSTS X 125%) ®PHILADELPHIA INSURANCE COMPANIES ..A Memhcr ofthe I okhr .%Tjmi r Group Subdivision Bond Faithful Performance KNOW ALL MEN BY THESE PRESENTS Bond No. PB00437000009 Premium $4,419.00 That Team Development, LLC as Principal, and Philadelphia Indemnity Insurance Company, a corporation organized and existing under the laws of the State of Pennsylvania and authorized to transact surety business in the State of Montana, as Surety are held and firmly bound unto City of Kalispell in the sum of One Hundred Seventy -Six Thousand Seven Hundred Seventy -One and 50/100ths Dollars ($176,771.50), for the payment whereof, well and truly to be made, said Principal and Surety bind themselves, their heirs, administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THE OBLIGATION IS SUCH THAT: WHEREAS the above Named Principal has entered into an agreement, dated October 28, 2019, with the City of Kalispell to do and perform the following work, to wit: Southside Estates Subdivision Phase 2 NOW, THEREFORE, if the above -bounden Principal shall well and truly perform the work referred to in such agreement, then this obligation shall be void; otherwise to remain in full force and effect. IN WITNESS WHEREOF, the seal and signature of said Principal is hereto affixed and the corporate sea[ and the name of the said Surety is hereto affixed and attested by its duly authorized Attorney in Fact at Missoula, Montana this 28th day of October, 2019. Team Development, LLC (Prim_ad)--) (Seal) By: Philadelphia Indemnity Insurance Company (Surety) (Seal) By: (,' _�_d Pamela A. Nelson, Attorney -In -Fact KSIIVa PHILADELPHIA INDEMNIFY INSURANCE COMPANY One Bala Plaza, Suite 100 Bala Cynwyd, PA 19004-0950 Power of Attorney KNOW ALL PERSONS BY THESE PRESENTS: That PHILADELPHIA INDEMNITY INSURANCE COMPANY (the Company), a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, does hereby constitute and appoint Amy Farris, Brenda J. Smith, Cynthia L. Heiney, Jon M. Riche. Angie L. Colbert. Ed Heine George Seaton Tyler McIntyre, Dylan Arre Jaelva R. Kruse James Clegg, James E. Ma'eske 19Shanalm E. Steele Thomas Davis William H. Davis Melissa Wolf Pamela A. Nelson and Mark Theriault of PavneWest Insurance, Inc. its true and lawful Attomey-in-fact with full authority to execute on its behalf bonds, undertakings, recognizances and other contracts of indemnity and writings obligatory in the nature thereof, issued in the course of its business and to bind the Company thereby, in an amount not to exceed $50 0000 000.00. This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of PHILADELPHIA INDEMNITY INSURANCE COMPANY on the 14r' of November, 2016. RESOLVED: That the Board of Directors hereby authorizes the President or any Vice President of the Company: (1) Appoint Attorneys) in Fact and authorize the Attorney(s) in Fact to execute on behalf of the Company bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof and to attach the seal of the Company thereto; and (2) to remove, at any time, any such Attorney -in -Fact and revoke the authority given. And, be it FURTHER RESOLVED: That the signatures of such officers and the seal of the Company may be affixed to any such Power of Attorney or certificate relating thereto by facsimile, and any such Power of Attorney so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached. IN TESTIMONY WHEREOF, PHILADELPHIA INDEMNITY INSURANCE COMPANY HAS CAUSED THIS INSTRUMENT TO BE SIGNED AND ITS CORPORATE SEALTO BE AFFIXED BY ITS AUTHORIZED OFFICE THIS 271" DAY OF OCTOBER, 2017, 192�ji (Seal) Robert D. O'Leary Jr., President & CEO Philadelphia Indemnity Insurance Company On this 27" day of October, 2017, before me came the individual who executed the preceding instrument, to me personally known, and being by me duly sworn said that he is the therein described and authorized officer of the PHILADELPHIA INDEMNITY INSURANCE COMPANY; that the seal affixed to said instrument is the Corporate seal of said Company; that the said Corporate Seal and his signature were duly affixed. OOA/AeONWEALTX F YI.ygYLYAIfI XOTiRN-5 '° •" "vP ^ P"°"` Ceu,xY Notary Nota Public: Lowct A•erwn lwP..Nonierv�ry M1lY��ffiJ*E,9eef s<Pl.25, S�Yl SSW •rnvwu.LSsy(µffJlf 19Y residing at: (Notary Seal) My commission expires; nn�^1� Bala Cvnwyd PA Se tember 25 2021 1, Edward Sayago, Corporate Secretary of PHILADELPHIA INDEMNITY INSURANCE COMPANY, do hereby certify that the foregoing resolution of the Board of Directors and the Power of Attomey issued pursuant thereto on the 27 s day of October, 2017 are true and correct and are still in full force and effect. I do further certify that Robert D. O'Leary Jr., who executed the Power of Attorney as President, was on the date of execution of the attached Power of Attorney the duly elected President of PHILADELPHIA INDEMNITY INSURANCE COMPANY. In Testimony Vr'hereof I have subscribed my name and affixed the facsimile seal of each Company this2j&dy of , 20 ASL s - J r Edward Sayago, Corporate Secretary PHILADELPHIA INDEMNITY INSURANCE COMPANY Southside Estates Phase 2 Completion - Engineer Estimate As At ILLRL119 Description Unit Qty Price Total %Complete Tutalto Date Yotal Remaining Track Pad LS 1 S4,500.00 $10,000,00 100% $10,000.09 $0.00 Mobilization LS 1 $4,500,00 $25,000.00 100%1 $25,090.00 $0.00 Remove Remaining Site Debris LS 1 $20,000.00 $21,294A0 90% $19,164.60 $2,129.40 Clear&Grub LS 1 $8,500.011 $35,000.00 100% $35,000.00 $0.00 Silt Fence LS 1 $400.09 $5,000,00 1001Y. $5,000.00 $O.00 ManageFxcessTop Soil LS 1 $8,500.00 $20,000.00 100% $20,000.00 $0.00 Temp Seed L5 1 $400.00 $10,000.00 100% $10,000.00 $0.00 Site Grading LS 1 $4,500.00 $22,009.00 100% $22,000.00 $0.00 Subtota4 $148,294.00 $145,154.601 $2,129,110 8"Watermain LF 1393 $38.02 $52,956,00 100% 5 $$,.00 $0.00 Fire Hydrants LS 1 $9,750,00 $9,759.00 109% 0 $9,750.00 $0.00 3/4"Water Services EA 57 $1,373.42 $78,285.00 100% $78,255.00 MOO Subtotal $140,991.00 $140,991.00 $0.00 12"Storm Drain LF 925 $22.23 $18,3m.00 100% $18,336.00 $0.00 30" Diameter Catch Basins EA 9 $1,750.00 $15,750.00 100% $15,750.00 $0.00 48"➢iameter Storm brain Manholes EA 5 $3.150,00 $15,750.00 1O0% $15,750,00 $0.00 48"CMP Detention LS 1 $97,835.00 $97,835.00 90% $88,051.5o $9,783.50 Subtotal $147,611.00 $137,897.50 $9,783.50 Phone/Data -2"Phone LF 1 31751 $3.01 $9,567.00 100% $9,567.00 $0.00 Phone/Data-7"TV LF 31751 $3.01 $9,567.00 100% $9,567.00 $0.00 4"Main LF A1751 $1.42 $4,522.00 100%1 $4,522.00 $0.00 Single P hale Electric Vau€ts EA 6 $916.67 $5,500,00 lao.,fil $5,500,00 $0.00 Street Light Fa undations EA 8 $718.75 55,750.00 100% $5,750.00 $0.00 Light Pole -1"Conduit LF 3175 $1.02 $3,250.00 100% $3,250A0 $0.00 Light Pole -Sweeps LS 1 $2,275.00 $1,275.00 100% $1,275.00 $0.00 Pull Roe LF 12700 $0.98 $1,000.00 100% $1,0o0.00 $0.00 Subtotal $40,431.00 $40,431.00 $0.00 B"Sewer Main LF 1198 $23.33 $27,945.00 100% $27,945.00 $0.00 Sanitary Sewer Manholes EA S $2,550.00 $12,750.Q0 100% 512,750.00 $0.00 V sanitary5ewer Services LF 5397 $8.86 $47,807.530 100% $47,907.00 $0.00 Subtotal $88,502.00 $89,502.00 $0.00 Sidewalk 6"-concrete Sf 560C $3.65 $20,440.00 0% $0.00 $20,440.00 Sidewalk 4"-concrete SF 9400 $3.65 $34,310A0 0% $0.00 $34,310.00 BLVDS-with home budget -concrete SF 10080 $0.00 $0.00 0% $0.00 $0.00 Curb&Gutter-concrete LF 5716 $7.86 $44,92SAO 90% $40,435.20 $4,492.80 Mailboxes -concrete SF 1 33 $15.15 $500.00 100% $500.00 $0.00 Subtotal $100,178.00 $40,935.20 $59,242.80 Rock -Includes Below Items LS 1 $136,000.00 $130,000.00 95% $123,500.00 $fi,500.00 Sidewalk Gravel-3/4' CY 277 $o.o0 $0.00 0% $0.00 $o.00 Track Pad -Pit Run SF 1W0 $0.00 $0.00 0% $0.00 $0.00 Maintenance Access Roads - Pit Run CY 102.2 $0.00 $0.00 0% $0.00 $0.00 Maintenance Access Roads-3/4' CY 25.56 $0.Do $0.00 0% $O.OD $0.00 Mailboxes-3/4" CY 1 1.221 $0,00 $0.00 0% $0.00 $0.00 DestlnyLane -9"Subbase CY 1 13411 $0.00 $9.00 0% $0.00 $0.00 Dell ny Lane -6" Crushed Base CY 1 8951 $0.09 $0.00 0% $0.00 $0.00 Utility Pipe Zone-3/4" LS $0.09 $0.00 0% $0.00 $0.00 Subtotal 5130,000.00 $123,500.00 $6,500.00 Asphalt LF 1420 $54.60 $77,532.00 95% $73,655.40 $3,876.60 Subtotal $77,532.00 $73,655.40 $3,876.60 Landscaping LS 1 $47,395.00 $47,395.06 0% $0.00 $47,385.00 F uipment Rental L5 1 $60,000.00 $60,000.00 100% $60,000.00 $0.00 Geo Fabric LS 1 $8,211.00 $81211.00 100% $8,211.00 $0.00 Traffic COntrol LS 1 $16,000.00 $16,000.06 90% $14,400.00 $1,600.00 Monument Sign LS 1 $2o,000.00 $20,000.00 100% $20,000.00 $0.00 Flathead Electric Carp LS 1 $102,749.00 $102,749.00 90% $92,474.10 $10,274.90 5WPPP--Management and Reparting 1.5 1 $12,500.00 $12,500.00 95% $11,975.00 $625.00 Boneyard Security and Maintenance LS 1 $13,000.00 $13,000.001 100% $13,000.00 $0.00 Safety Equipment and Gear LS 1 $15,000.00 $15.000.00 l00%l $15,o00.00 $0.00 Maiiboxes LS 1 $3,000.00 $3,000.00 100% $3,000.00 $OAO Subtotal $297,845.00 $237,960.10 $59,884AO SubTotal $1,171,444.00 88% $1,030,026.80 $141,417.20 GC Fee @710% $117,144.40 $0.90 Total $ L,2B8,588A0 $14LA17,20 ' S176.775.50 Works Department June 12, 2018 Mr. Rory Young, PE Jackola Inc. 2250 US 93 South Kalispell, MT 59901 RE: Southside Estates Phase I1— Plan Approval Dear Mr. Young, The Construction Drawings, Design Report, and other included submittals dated June 07, 2018 for the above project are hereby approved. Two reviews were completed for this project. One round of review was previously paid for, therefore, Public Works review fee of $180.00 are due at the front desk of the Building Department prior to construction. Fees from other departments may also be required, but are not addressed in this letter. Approval does not relieve you, nor the contractor from designing or constructing this project in accordance with the City Standards currently in effect. If more than 18 months lapse before completing construction, plans and specifications must be resubmitted and approved before construction continues. Any modifications made to these approved plans shall be submitted for review prior to construction. This approval is for the Public Works Department only and not does necessitate full City approval. If additional approvals from other City Departments are required they should continue to be pursued. 201 P Avenue East, P.O. Box 1997, Kalispell, MT 59903 —Phone (406) 758-7720 — Fa_r (406) 758-7831 www.kalispell.com Please contact Mark Crowley at (406)249-2485 to set up a pre -construction meeting prior to beginning construction. A Right -of -Way and Stormwater permit must be obtained by the prime contractor for this project. At project completion, please provide the City with hard copy and electronic record drawings. We look forward to working with you on this project. Sincerely, Patrick Jentz, PE Cc: Keith Haskins, PE City Engineer Emily Gillespie, PE MT DEQ Mark Crowley, Construction Manager 201 ]'Avenue East, P.D. Box 1997, Kalispell, MT" 59903 Phone (406) 758-7720 — Fax (406) 758-7831 www.katispell.com MUNICIPAL FACILITIES EXCLUSION CHECKLIST Required under § 76-4-127 MCA (fonnerly called master plan exclusion) l . Does this subdivision affect property with an existing Title 76-4 Approval? Yes No x If yes, then you may not use the Municipal Facilities Exclusion for this subdivision 2. Name of Subdivision: southZe Estates Phase 2 3. Nanie and address of the applicant: Team Development, PO Box 1642, Brush Prairie, WA 98606 4. Name and address of engineer: Jackola Engineering & Architecture, 2250 Highway 93 S., Kalispell, MT 59901 5. Location of the subdivision to the city or town, vicinity map attached: Yes x No 6. Copy of the Plat or Certificate of Survey or Unit Declaration and floor plan with exemption citation: Attached X 7. Number of parcels or units in the subdivision: 56 S. A copy of any applicable zoning ordinances in effect: see attached 9. Copy of Growth Policy, if applicable: On file x Attached: 10. Will an extension of the existing sewer main(s) be necessary to serve this subdivision? Yes X No 11. Will an extension of the existing water main(s) be necessary to serve this subdivision? Yes X No 12. How construction of the sewage disposal and water supply systems or extensions will be financed. : Team Development 13. Has the governing body reviewed and approved plans to ensure adequate stonn water drainage Yes X No 14. Exclusion Checklist review fee, ($100) included: Yes x No I certify that the subdivision or division is within an area covered by a growth policy pursuant to Title 76, chapter 1, MCA, or within a first-class or second-class municipality, as described in Section 7-I-4111, MCA. I certify that adequate storm water drainage and adequate municipal facilities will be provided for the subdivision. I further certify that the governing body has reviewed and approved plans to ensure adequate stone water drainage. For subdivisions subject to the Montana Subdivision and Platting Act, I certify that adequate municipal facilities for the supply of water and disposal of sewage and solid waste are available or will be provided within the time provided in Section 76-3-507, MCA. I further certify that I am authorized to si this form on behalf of the governing body. K Name 4-�asiC i 65, Signature4VA; "ts� Dept ?Ub YAjori_S Title Gl ihe[" City [1T[l5 Zip FmD3 Phone Z� Please sign and send with the $100.00 review fee to: MONTANA DEPARTMENT OF ENVIRONMENTAL QUALITY SUBDIVISION REVIEW SECTION, PERMITTING AND COMPLIANCE DIVISION PO BOX 200901 HELENA MT 59620 Revised 06117 L L_,t�(AL,ry J LtS � D _RE Montana Department AQMM, of Environmental Quality March 22, 2019 Rory Young, PE Jackola Engineering & Architecture P.O. Box 1134 Kalispell, MT 59903 Re: City of Kalispell — PWSID#MT000259 Southside Estates Phase 2 Water & Sewer Main Extensions EQ#18-1921 Approval Dear Mr. Young: Thank you for as-builts drawings for Southside Estates Phase 1, received March 20, 2019. Additionally, the engineering report, water and sewer checklists and plans and specifications for water and gravity sewer mains proposed to serve Southside Estates Phase 2 adjacent to Ashley Park in Kalispell were received March 23, 2018 through May 21, 2018. The submittal was reviewed in accordance with Department Circular DEQ-1, 2014 edition and Department Circular DEQ-2 2012 Edition. City of Kalispell approval was received on June 12, 2018 The Southside Estates Phase 2 development received approval of the Municipal Facility Exclusion on July 26, 2018, referenced by EQ#18-1922. As such, the City of Kalispell is responsible for the on -site storm water runoff review within this development. The plans andspecifications for the water and sewer mains to serve Southside Estates Phase 2 within Kalispell, received May 21 2018 are hereby approved. One copy of the plans and specifications bearing the approval stamp of the Department of Environmental Quality is enclosed. A second set will be retained as Department Record. Southside Estates Phase 2 proposes 56 lots, comprised of 4 single family home lots and 52 townhouse lots. The water main extension includes installation of: approximately 1400 feet of 8-inch diameter water main (C900 PVC DR18), six gate valves, two fire hydrant assemblies, two connections to the existing water main (one in Destiny Lane and one in Airport Road). A fire flow requirement of 1000 gpm for 2 hours is required to serve the residential neighborhood. Fire hydrant flow testing and modeling in the vicinity indicated an equivalent flow exceeding 1500gpm at 20 psi available. The sanita sewer collection improvements include: approximately 1200 feet of 8-inch diameter gravity sewer main (SDR 35 PVC), five new precast concrete manholes and connection to one existing manhole in Destiny lane. Steve Bullock, Governor I Shaun McGrath, Director 1 655 Timberwolf Parkway Suite 3 E Kalispell, MT 59901-1215 1 (406) 755-8985 1 www.deq.mt.gov City of Kalispell — PWSID#MT000259 Southside Estates Phase 2 Water & Sewer Main Extensions EQ#18-1921 Approval March 22, 2019 Page 2 Approval is given with the understanding that any deviation from the approved plans and specifications will be submitted to the Department for reappraisal and approval. The project may not be placed into service until the project engineer or designer certifies by letter to the Department that the activated portion of the project was constructed in substantial accordance with the plans and specifications approved by the Department and there are no deviations from the design standards other than those previously approved by the department. Within 90 days after the completion of construction, a complete set of certified "as -built" drawings must be signed and submitted to the department. 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. Department approval of this project covers only those portions of the plans and specifications that are subject to the Department's review authority under the Public Water Supply Laws (MCA 75-6) and the Administrative Rules promulgated thereunder (ARM 17.38). This approval does not cover items found within the plans and specifications that are outside of the Department's review authority, including but not limited to: electrical work, architecture, site grading or water and sewer service connections. Thank you for your efforts regarding this submittal me at (406) 755-8979 or egillespie cDmt.gov Sincerely, Emily J. Gillespie, P.E. Engineering Bureau If you have any further questions, please contact Copies: Team Development LLC, P.O. Box 1642, Brush Prairie, WA 98606 Keith Haskins, City of Kalispell Public Works Wendee Jacobs, Flathead County Environmental Health MDEQ Plan Review File June 28, 2018 Brian Wells Southside Estates Subdivision Phase Two TEAM DEVELOPMENT LLC Po Box 1642 Brush Prairie, WA 98606 RE: Confirmation Letter, Notice of Intent (NOI) MTRI07386 Southside Estates Subdivision Phase Two Dear Brian Wells: The Department of Environmental Quality (DEQ) acknowledges the receipt of your complete application package (NOI and SWPPP) to discharge under the January 01, 2018, General Permit for Storm Water Discharges Associated with Construction Activity (SWC-GP) on 6/29/2018. Your authorization number under the SWC-GP is MTR107386. Please include this number on any correspondence with DEQ regarding this site. This letter confirms only that a complete NOI has been received. DEQ does not assess the validity of the information you provided other than project location as it relates to sage grouse habitat. Your signature on the NOI certifies that you have read, understand, and are implementing all applicable requirements. Specifically, the SWC-GP: Requires implementation of a Storm Water Pollution Prevention Plan (SWPPP), Defines the inspection process, and Defines record keeping requirements (refer to Part 2.5 of the General Permit). The SWC-GP and additional guidance materials can be viewed and downloaded at bttp:Hdeq.mt.govlWater/"B/mpdes/stormwaterconstruction, Authorization under the SWC-GP remains in effect until you submit a complete Notice of Termination (NOT). Your signature on the NOT certifies that you have achieved final stabilization, removed your temporary Best Management Practices, and have paid all applicable fees. All effective authorizations are assessed annual fees each calendar year until a complete NOT is received. Coverage under the SWC-GP does not waive your obligation to obtain coverage under other applicable permits. If you have questions regarding SWC-GP requirements, please contact the Water Protection Bureau at (406) 444-3090. Sincerely, Deanna Tarum Data Control Specialist KALISPELL September 27, 2019 Bob Erickson, PLS Land Surveyor Jackola PO Box 1134 Kalispell, MT 59903 Re: Southside Estates — Phase 2 Dear Mr. Erickson: The Final Plat for Phase 2 of the Southside Estates Subdivision (PDF file dated 9-13-19), has been reviewed by the Department of Public Works to ensure conformance with the City of Kalispell Design and Construction Standards for required easements and right-of-ways. All required easements and right-of-ways have been determined to be acceptable. Sincerely, Keith Haskins, PE City Engineer Enclosure(s): None cc: Jarod Nygren, Senior Planner 201 ]'Avenue East, P.O. Box 1997, Kalispell, MT 59903 --Phone (406)758-7720—Fax (406)758-7831 www.kalispell.com Recreation Dept October 9, 2019 Kalispell Planning Department Attn: Jarod Nygren P.O. Box 1997 Kalispell, MT 59901 Phone: (406) 758-7942 Re. Southside Estates, Phase 2 Dear Jarod: `` This letter is to serve as approval on the proposed landscaping plans Southside Estates, Phase 2 per plans submitted by Jackola Engineering on September 23. It is agreed that if the project is extended, the developer will be responsible for submitting bonding for the remaining improvements as specified on the submitted plan for Southside Estates, Phase 2. The bond may not be longer than a period of 12 months. Tree plantings are required to meet the Street Tree Ordinance standards of 2 %4" caliper and have a 4-foot fibrous mulch around them in addition to meeting ISA planting standards. Any landscape revisions or substitutions need to be authorized prior to installation. They will need to coordinate with Public Works for any permits/approvals of working in the right of ways prior to working in the right of way. Final approval will be given upon completion, inspection and approval of the landscaping and tree plantings, at which time any bonding that has been submitted will be released. 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. If you have any concerns or questions, please give me a call. Sincerely, 0� �- Chad Fincher, Parks and Recreation Director Kalispell Parks and Recreation 306 P Avenue East, P.O. Box 1997, Kalispell, MT 59903 —Phone (406) 758-7718— Fax (406) 758-7719 www.kalispell.com August 28, 2019 United States Postal Service 350 N. Meridian Rd. Kalispell, MT 59901 To Whom It May Concern the contractor has meet with the USPS and the property listed has meet all the postal regulations and standards. If you have and questions please feel free to call. J Don Landis Supervisor Customer Service Kalispell, MT 59901 (406) 755-6450 This is for the: Southside complex phase 2 ©OUNTRIN QIEIGN ©ONSTRUCTION To whom it may concern: Brian Dale Wells MountainReignConstTuction@gmall.com www.MountainReignConstruction.com PO Box 9770 Kalispell, MT 59904 (406)249-5795 Mountain Reign Construction will abide by the following items in commencement with the building of houses in the Southside Estates Phase II subdivision: Thank you, Brian D Wells 1. All areas disturbed by development will be re -vegetated with a weed -free mix immediately after development. 2. There will be no basements within the Southside Estates subdivision. 3. Foundation drains and sump pumps will be installed at all residences containing a crawl space in the Southside Estates subdivision. Brian Dale Wells MountainReignConstruction@gmail.com www.Mountain ReignConstruction.com PO Box 9770 Kalispell, MT 59904 (406)249-5795 Return to: Team Development, LLC PO Box 1642 Brush Prairie, Washington 98606 DECLARATION OF ANNEXATION TINS DECLARATION OF ANNEXATION is executed this 3M day of er- 2019, by Team Development LLC {"Declarant") of PO Box 1642 Brush Prairie, Washington,'98606. WITNESSETH: WHEREAS, Declarant caused that Declaration of Covenants, Conditions and Restrictions of Southside Estates to be executed on August 4, 2017 and filed with the Flathead County Clerk and Recorder on August 28, 2017 as Document No. 201700021018; and WHEREAS, pursuant to Section 1.12 and Section 6.4 of said Declaration, Declarant reserved the right to annex additional real property to become part of the Southside Estates Homeowners Association and subject to the Declaration of Covenants, Conditions and Restrictions of Southside Estates, all as more fully set forth in said Declaration; and WHEREAS, Declarant owns the following real property which it intends to annex into Southside Estates Homeowners Association and subject to the Declaration of Covenants, Conditions and Restrictions of Southside Estates recorded with the Flathead County Clerk and Recorder as Document No. 201700021018: THAT PORTION OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 19, TOWNSHIP 28 NORTH, RANGE 21 WEST, PRINCIPAL MERIDIAN, MONTANA, FLATHEAD COUNTY, MONTANA AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 19; THENCE ON AND ALONG THE NORTH LINE OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER S89°03'52"W, A DISTANCE OF 30.00 FEET TO THE WESTERLY RIGHT-OF-WAY OF AIRPORT ROAD, A 60-FOOT DEEDED ROAD AND BEING THE TRUE POINT OF BEGINNING: THENCE S00°O F22" E ON AND ALONG SAID RIGHT-OF-WAY, A DISTANCE OF 326.36 FEET; THENCE S89°29'04"W AND LEAVING SAID RIGHT-OF- WAY, A DISTANCE OF 573.49 FEET; THENCE S89°29'17"W, A DISTANCE OF 197.18 FEET; THENCE S89°34'45"W, A DISTANCE OF 533.57 FEET TO �� Page 1 of 3 WEST LINE OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 19, THENCE N00009'25"W, A DISTANCE OF 315.90 FEET TO THE NORTHWEST CORNER OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 19, THENCE ON AND ALONG THE NORTH LINE OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER N89003'5T E, A DISTANCE OF 1305.10 FEET TO THE POINT OF BEGINNING. THIS TRACT CONTAINS 9_625 ACRES, SUBJECT TO AND TOGETHER WITH ALL APPURTENANT EASEMENTS AND ENCUMBRANCES APPARENT AND OF RECORD. THE ABOVE -DESCRIBED TRACT OF LAND IS TO BE KNOWN AND DESIGNATED AS SOUTHSIDE ESTATES PHASE 2 AND THE LAND INCLUDED IN ALL STREETS AS SHOW ON SAID PLAT ARE HEREBY GRANTED AND DONATED TO THE USE OF THE PUBLIC FOREVER: A copy of the Plat of Southside Estates Phase 2 is attached hereto as Exhibit A; and WUREAS, the purpose of this Declaration of Annexation is to annex the above -described real property owned by Declarant into Southside Estates Homeowners Association and subject said property to said Declaration. NOW, THEREFORE, in consideration of the foregoing recitals, all of which are incorporated herein as if fully set forth hereat, Declarant hereby annexes the following real property owned by it into Southside Estates '~ Homeowners Association and subject said real property to the Declaration of Covenants, Conditions and Restrictions of Southside Estates recorded with the Flathead County Clerk and Recorder on August 28, 2017 as Document No. 201700021018: /1 Page 2 of 3 IN WITNESS WHEREOF Declarant has executed this Declaration of Annexation the day and year first above written. STATE OF WASH NGTON ) ss County of Clark TEAM DEVELOPMENT L r l f Brian Wells, Manaiuig Member This instrument was acknowledged before me on this 3&` day of 2019 by Brian Wells, Managing Member of Team Development LLC. ' rotary Public for the State of Washington - ay `� fit ��€y'�,q•'� f-N Page 3 of 3 Southside Estates Phase 2 Subdivision PreliminarV Plat Conditions Compliance Review 1. The development of the site shall be insubstantial 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. The Southside Estate Subdivision Phase 2 has been developed in compliance with the approved Preliminary Plat. A copy of the approved Preliminary Plat is included in attachment A for comparison with the Final Plat (attachment P) and approved site plans (attachment I) and showing compliance with this condition. 2. The preliminary plat approval shall be valid for a period of three years from the date of approval. Per attachment A, The Preliminary Plat was approved by the City of Kalispell on the 5th of March 2018. The Final Plat application is being made as of the 16th of October 2019 with approval by City council expected at the 18th of November 2019 City Council meeting, well within the three years allowed. 3. The developer shall submit to the Kalispell Public Works Department for review and approval a storm water report and an engineered drainage plan that meets the requirements of the current city standards for design and construction. Prior to final plat, a certification shall be submitted to the public works department stating that the drainage plan for the subdivision has been installed as designed and approved. The plans and specifications for the Southside Estates subdivision have been approved by the City per attachment C, a letter from the Kalispell Public Works Department. A Subdivision Improvements Agreement (SIA) is being submitted with the Final Plat to guarantee completion of the outstanding items. A copy of the SIA can be found in attachment D. 4. The developer shall submit to the Kalispell Public Works Department prior to construction an erosion/ sediment control plan for review and approval and a copy of all documents submitted to Montana Department of Environmental Quality for the General Permit for Storm Water Discharge Associated with Construction Activities. The Confirmation Letter from DEQ notifying the contractor of DEQ acceptance under the General Permit is included as attachment G. S. The developer shall submit water and sanitary sewer plans, applicable specifications, and design reports to the Kalispell Public Works Department and the Montana Department of Environmental Quality for concurrent review, with approval of both required prior to construction. Copies of the approvals received from the Montana Department of Environmental Quality and the Kalispell Public Works Department showing compliance with this condition are included as attachment F. 6. A sewer capacity analysis shall be completed on the existing lift station located at the north entrance to Southside Estates Phase 1 to verify existing system has enough capacity. A sewer capacity analysis has been completed to verify the existing system has enough capacity. The sewer system has been approved by the City per attachment C. 7. The developer shall submit the street design to the Kalispell Public Works Department for review and approval prior to construction. The plans and specifications for the Southside Estates Phase 2 subdivision have been approved by the City per attachment C. S. The radiuses along Destiny Lane shall be designed for 25 mph. Radiuses have been designed for 25 mph. The plans and specifications for the Southside Estates Phase 2 subdivision have been approved by the City per attachment C. 9. Airport Road shall be upgraded to an urban standard in accordance with the City of Kalispell Construction and Design Standards the length of the property. Upgrades include curb and gutter, sidewalk street trees and boulevard. The Airport Road upgrades are being bonded for per the Subdivision Improvements Agreement included as attachment D and engineer's estimate included as attachment E. 10. A letter from the Kalispell Public Works Department shall be submitted stating that all new infrastructure has been accepted by the City of Kalispell or a proper bond has been accepted for unfinished work. A Subdivision Improvements Agreement (SIA) is being submitted with the Final Plat to guarantee completion of the outstanding items. A copy of the SIA can be found in attachment D. 11. All existing and proposed easements shall he 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 letter from the Kalispell Public Works Department shall be obtained stating that the required easements are being shown on the final plat. A letter from the Kalispell Public Works Department is included in attachment H. 12. The following statement shall appear on the final plat: "The undersigned hereby grants unto each and every person, firm or corporation, whether public or private, providing or offering to provide telephone, telegraph, electric power, gas, cable television, water or sewer service to the public, the right to the joint use of an easement for the construction, maintenance, repair, and removal of their lines and other facilities, in, over, under, and across each area designated on this plat as " Utility Easement" to have and to hold forever." A copy of the Final Plat document which includes this statement is included as attachment P as evidence of compliance with this condition. 13. Prior to filing the final plat, a letter from the US Postal Service shall be included stating the Service has reviewed and approved of the design and location of the mail delivery site. The mail delivery site shall be installed or bonded for prior to final plat. In addition, the mail delivery site and improvements shall also be included in the preliminary and final engineering plans to be reviewed by the Public Works Department. The mail delivery site shall not impact a sidewalk or proposed boulevard area. A copy of the approval letter received from the USPS has been included in attachment I showing compliance with this condition. 14. A homeowner's association (HOA) shall be formed and established for the common areas prior to final plat. The HOA should include provisions for the maintenance of all common areas including the storm water ponds, sound wall and wastewater lift station. Provision for the annexation to the Southside Estates Homeowners Association is included as attachment M. 15. A letter shall be obtained from the Kalispell Parks and Recreation Director approving a landscape plan for the placement of trees and landscaping materials within the landscape boulevards of the streets serving the subdivision. The approved landscape plan shall be implemented or a cash in lieu payment for installation of the street trees and groundcover be provided to the Kalispell Parks and Recreation Department. A letter from the Kalispell Parks and Recreation Director is included as attachment J. 16. A cash in lieu of parkland in the amount of. 03 acres per dwelling unit shall be provided. The cash payment will be based off of the fair market value of undivided, unimproved land prior to final plat approval. A check for the cash in lieu of parkland is included in attachment K. 17. A minimum of two-thirds of the necessary infrastructure for the subdivision shall be completed prior to final plat submittal. An engineer's estimate of the current progress on the required improvements is included as attachment E. 18. All utilities shall be installed underground. By referencing the approved site plans contained in attachment N it can be seen that all utilities have been designed to be installed underground. 19. All areas disturbed during development shall be re- vegetated with a weed -free mix immediately after development. By referencing the approved site plans contained in attachment N it can be seen that all disturbed areas within the Right of Way will be re -vegetated with a weed free mix. We have attached a letter from Mountain Reign Construction confirming that the yards around the houses will be re -vegetated on completion of the house construction. See attachment L. 20. Basements are prohibited within the subdivision due to high groundwater. Included as Attachment O we have provided the floor plans for both single family and town house units showing that no basements are being included. 21. Foundation drains and emergency sump pumps shall be installed at all residences that contain a crawl space. We have attached a letter from Mountain Reign Construction confirming that the emergency sump pumps will be installed in the houses with crawl spaces. See attachment L. The floor plans included in attachment O show foundations drains as required to meet this condition. 22. A 20-foot wide water and sewer utility easement shall be provided for from Destiny Lane to the subdivisions southern property boundary providing for extension of services to neighboring properties 20-foot Common Area & Utility Easements with connection to neighboring properties to the south are shown on the final plat. 23. A variance to Sections 28.3.12 and 28.3.13 of the Kalispell Subdivision Regulations shall be granted waving the requirement of the maximum 600-foot long block length and therefore not requiring one or more street right-of-way extension extending south from Destiny Lane to the southern boundary of the subdivision. The variance was granted upon City Council approval of the preliminary plat. Attachments: A. Resolution 5857 Approving the Preliminary Plat of Southside Estates. B. Site plans attached to the Preliminary Plat Approval. C. Public Work Department Approval Letter D. Subdivision Improvement Agreement E. Engineer's Estimate F. DEQ Approval and MFE Approval G. SWPPP approval H. Letter from Public Works - Easements I. LISPS Approval Letter J. City of Kalispell Parks Dept Approval K. Cash -in -lieu of parkland check L. Letter from Mountain Reign Construction M. Annexation to Southside Estate HOA N. Approved Site Plans O. Proposed House Plans P. Final Plat RESOLUTION NO.5857 A RESOLUTION CONDITIONALLY APPROVING THE PRELIMINARY PLAT OF SOUTHSIDE ESTATES PHASE 2, DESCRIBED AS TRACTS 2E AND 2A IN THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 19, TOWNSHIP 28 NORTH, RANGE 21 WEST, P.M.M., FLATHEAD COUNTY, MONTANA. WHEREAS, Team Development, LLC, the owner of the certain real property described above, has petitioned for approval of the Subdivision Plat of said property; and WHEREAS, the Kalispell City Planning Board and Zoning Commission held a public hearing on February 13, 2018 on the proposal and reviewed Subdivision Report #KPP-17-04 issued by the Kalispell Planning Department; and WHEREAS, the Kalispell City Planning Board and Zoning Commission has recommended approval of the Preliminary Plat of Southside Estates Phase 2 subject to certain conditions and recommendations; and WHEREAS, the city council of the City of Kalispell at its regular council meeting of March 5, 2018, reviewed the Kalispell Planning Department Report #KPP-17-04, reviewed the recommendations of the Kalispell City Planning Board and Zoning Commission, and found from the Preliminary Plat, and evidence, that the subdivision is in the public interest. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF KALISPELL, MONTANA AS FOLLOWS: SECTION 1. That the Findings of Fact contained in Kalispell Planning Department Report #KPP-17-04 are hereby adopted as the Findings of Fact of the city council. SECTION 2. That the application of Team Development, LLC for approval of the Preliminary Plat of Southside Estates Phase 2, Kalispell, Flathead County, Montana is hereby approved subject to the following conditions: 1. 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. 2. The preliminary plat approval shall be valid for a period of three years from the date of approval. 3. The developer shall submit to the Kalispell Public Works Department for review and approval a storm water report and an engineered drainage plan that meets the requirements of the current city standards for design and construction. Prior to final plat, a certification shall be submitted to the public works department stating that the drainage plan for the subdivision has been installed as designed and approved. 4. The developer shall submit to the Kalispell Public Works Department prior to construction an erosion/sediment control plan for review and approval and a copy of all documents submitted to Montana Department of Environmental Quality for the General Permit for Storm Water Discharge Associated with Construction Activities. 5. The developer shall submit water and sanitary sewer plans, applicable specifications, and design reports to the Kalispell Public Works Department and the Montana Department of Environmental Quality for concurrent review, with approval of both required prior to construction. 6. A sewer capacity analysis shall be completed on the existing lift station located at the north entrance to Southside Estates Phase 1 to verify the existing system has enough capacity. 7. The developer shall submit the street design to the Kalispell Public Works Department for review and approval prior to construction. The radiuses along Destiny Lane shall be designed for 25 mph. 9. Airport Road shall be upgraded to an urban standard in accordance with the City of Kalispell Construction and Design Standards the length of the property. Upgrades include curb and gutter, sidewalk street trees and boulevard. 10. A letter from the Kalispell Public Works Department shall be submitted stating that all new infrastructure has been accepted by the City of Kalispell or a proper bond has been accepted for unfinished work. 11. 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 letter from the Kalispell Public Works Department shall be obtained stating that the required easements are being shown on the final plat. 12. The following statement shall appear on the final plat: "The undersigned hereby grants unto each and every person, firm or corporation, whether public or private, providing or offering to provide telephone, telegraph, electric power, gas, cable television, water or sewer service to the public, the right to the joint use of an easement for the construction, maintenance, repair, and removal of their lines and other facilities, in, over, under, and across each area designated on this plat as "Utility Easement" to have and to hold forever." Developer's Signature 13. Prior to filing the final plat, a letter from the US Postal Service shall be included stating the Service has reviewed and approved of the design and location of the mail delivery site. The mail delivery site shall be installed or bonded for prior to final plat. In addition, the mail delivery site and improvements shall also be included in the preliminary and final engineering plans to be reviewed by the Public Works Department. The mail delivery site shall not impact a sidewalk or proposed boulevard area. 14. A homeowner's association (HOA) shall be formed and established for the common areas prior to final plat. The HOA should include provisions for the maintenance of all common areas including the storm water ponds and wastewater lift station. 15. A letter shall be obtained from the Kalispell Parks and Recreation Director approving a landscape plan for the placement of trees and landscaping materials within the landscape boulevards of the streets serving the subdivision. The approved landscape plan shall be implemented or a cash in lieu payment for installation of the street trees and groundcover be provided to the Kalispell Parks and Recreation Department. 16. A cash in lieu of parkland in the amount of .03 acres per dwelling unit shall be provided. The cash payment will be based off of the fair market value of undivided, unimproved land prior to final plat approval. 17. A minimum of two-thirds of the necessary infrastructure for the subdivision shall be completed prior to final plat submittal. 18. All utilities shall be installed underground. 19. All areas disturbed during development shall be re -vegetated with a weed -free mix immediately after development. 20. Basements are prohibited within the subdivision due to high groundwater. 21. Foundation drains and emergency sump pumps shall be installed at all residences that contain a crawl space. 22. A 20-foot wide water and sewer utility easement shall be provided for from Destiny .Lane to the subdivisions southern property boundary providing for extension of services to neighboring properties. 23. A variance to Sections 28.3.12 and 28.3.13 of the Kalispell Subdivision Regulations shall be granted waving the requirement of the maximum 600-foot Iong block length and therefore not requiring one or more street right-of-way extension extending south from Destiny Lane to the southern boundary of the subdivision. SECTION 3. Upon proper review and filing of the Final Plat of said subdivision in the office of the Flathead County Clerk and Recorder, said premises shall be a subdivision of the City of Kalispell. PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF THE CITY OF KALISPELL THIS 5TH DAY OF MARCH, 2018. Mark Johnso6 Mayor ATTEST: Aimee Brunckhorst, CMC City Clerk W � iH ------------- ® @ m I µ a ,9c3[T 3.8a.95m5 � I I I m'aa r.90.9SA06 I I � II a�tQT li � I h avaTr 3,Ba95.roS S[5107 � I� JI I I I ,m'oTT 9.10.9A.0a3 I I I I mnrz 3i0.Y..a[6 ! 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