Staff Report/Final PlatFlathead Regional eve e t Office
723 5th Avenue East - Room 414
Kalispell, Montana 59901
Phone: (406) 758-5980
Fax: (406) 758-5781
March 1, 1997
Clarence Krepps, City Manager
City of Kalispell
P.O. Drawer 1997
Kalispell, MT 59901
Re: Final Plat for Lone Pine View Estates Phases I and II
Dear Clarence:
Our office has received the application for final plat approval of Lone Pine View
Estates Phases I and II, a two phase residential subdivision on approximately
8.7 acres located on the south side of Sunnyside Drive in Kalispell.
Preliminary plat approval was granted by the County Commissioners on March
30, 1994 for Lone Pine View Estates (Phase I) subject to 14 conditions and on
March 21, 1995 for Phase II subject to 16 conditions. On January 6, 1997 this
property was annexed into the city of Kalispell and given an initial zoning of R-
3, a single family residential district with a minimum lot size requirement of
7,000 square feet.
Most of the required improvements have been installed as required and have
been reviewed and approved by the Kalispell Public Works Department. The
remaining items will be addressed through a Subdivision Improvements
Agreement with the City of Kalispell which has been reviewed and approved by
the Assistant City Engineer and the City Attorney. The following is a list of the
conditions of approval and a discussion of how they have been met.
COMPLIANCE•APPROVAL
Condition No. 1. The subdivision shall comply with the standards set forth in
the zoning ordinance having jurisdiction over the project.
e This condition has been met. The lots are in compliance with the City R-3
zoning designation with regard to lot size and lot width.
Providing Community Planning Assistance To:
• Flathead County • City of Columbia Falls • City of Kalispell . City of Whitefish
Lone Pine View Estates Subdivi` _,i - Final Plat
March 1, 1997
Page 2
Condition No. 2. Deed restrictions (Covenants, Conditions and Restrictions)
shall be submitted; and
a. A statements shall appear on the final plat that these lots are for
single family use only;
b. A petition to annex and a waiver of protest to annexation to the City of
Kalispell is accepted by the purchaser of the lot;
c. The roads are private for public use and will be maintained as such
by the homeowners until such time as the City/ County accepts
dedication at the City/ County's discretion;
d. Address shall be visible from the road which provides access to that
building, and;
e. The wording of the aforementioned shall be approved by the City or
County Attorney, whichever has jurisdiction.
• This condition has been met. The property has been annexed into the city
of Kalispell and the other items have been addressed as a note of the face of
the final plat.
Condition No. 3. The water, sewer and storm drainage systems shall be
approved by the Montana Department of Health and Environmental Sciences
and the Environmental Health Services office of the Flathead City -County
Health Department and the City of Kalispell Public Works Department.
• This condition has been met. A Certificate of Subdivision Approval from the
Department of Environmental Quality dated March 21, 1995, E.Q. #15-95-
L4-21-238K approving the water and sewer facilities for the subdivision has
been submitted with the final plat application.
Condition No. 4. A grading and drainage plan shall be approved by the City
Public Works Department or the County Road Department, whichever has
jurisdiction.
• This condition has been met. The Kalispell Public Works Department has
submitted a letter dated February 26, 1996 approving the drainage and
other improvements.
Lone Pine View Estates Subdiviswi - Final Plat
March 1, 1997
Page 3
Condition No. S. All right-of-ways within the subdivision shall be a minimum
of 60 feet in width.
• This condition has been meet. The required right-of-way has been noted on
the face of the final plat.
Condition No. 6. Sidewalks shall be installed on both sides of the streets.
• This condition has been met. This condition has been addressed through
the subdivision improvements agreement which will allow the installation of
sidewalks during the development of the homes within the subdivision.
Condition No. 7. Street names shall be approved by the City of Kalispell.
• This condition has been met. The street names were provided by the City of
Kalispell
Condition No. S. The location of the mail facility shall be shown on the final
plat and approved by the post master.
• This condition has been met. A mail location has been established and is
shown on the final plat and approved by the U.S.P.S. with a letter dated
October 24, 1995.
Condition No. 9. Documentation shall be provided from the fire chief having
jurisdiction approving the location of fire hydrants and fire flows to service the
fire hydrants.
• This condition has been met. A letter from the Kalispell Fire Chief dated
December 17, 1996 approving the fire hydrants has been submitted with
the final plat.
Condition No. 10. That water and sewer mains be extend to the City of
Kalispell mains.
• This condition has been met. A letter from the Kalispell Public Works
Department dated February 26, 1997 has been received with states that the
improvements have been approved.
Condition No. 11. All streets shall be clearly signed in a manner conforming
to Flathead County and/or City of Kalispell standards.
Lone Pine View Estates Subdiviswil - Final Plat
March 1, 1997
Page 4
® This condition has been met. This City of Kalispell will install the required
street signs which have been paid for by the developer.
Condition No. 12. All utilities shall be underground.
® This condition has been met. A letter from the Kalispell Public Works
Department dated February 26, 1997 has been received with states that the
improvements have been installed according to City standards.
Condition No. 13. Cash in lieu of parkland dedication shall be required in the
amount of $8,333.00 which is 1/9th of the market value of $75,000 prior to
improvements.
® This condition has been met. A check in the required amount for cash -in -
lieu of parkland has been submitted with the final plat.
Condition No. 14. Preliminary plat shall be valid for a period of two (2) years
from the date of approval by the Flathead County Board of Commissioners.
® This condition has been met. A one year extension was granted by the
County Commissioners on March 26, 1996. The final plat has been
submitted prior to its expiration date of March 30, 1997.
The final plat is in substantial compliance with the preliminary plat which was
submitted and approved.
COMPLIANCE WITH THE SUBDIVISION REGULATIONS:
This subdivision plat has been found to be in substantial compliance with the
State and City Subdivision Regulations.
This subdivision has been found to be in compliance with the Kalispell Zoning
Ordinance.
Lone Pine View Estates Subdiviswa - Final Plat
March 1, 1997
Page 5
All of the conditions of preliminary plat approval have been adequately met or
otherwise addressed. The developer has filed a subdivision improvements
agreement with the City and has posted collateral for the required amount.
The Flathead Regional Development Office recommends that the Kalispell City
Council approve the final plat for Lone Pine View Estates.
COMPLIANCE WITH CONDITIONSOF APPROVAL •. LONE PINE VIEW
ESTATES PHASE 11
Condition No. 1. The subdivision shall comply with the standards set forth in
the zoning ordinance having jurisdiction over the project.
• This condition has been met. The lots are in compliance with the City R-3
zoning designation with regard to lot size and lot width.
Condition No. 2. Deed restrictions (Covenants, Conditions and Restrictions)
shall be submitted; and
a. A statements shall appear on the final plat that these lots are for
single family use only;
b. A petition to annex and a waiver of protest to annexation to the City of
Kalispell is accepted by the purchaser of the lot;
c. The roads are private for public use and will be maintained as such
by the homeowners until such time as the City/ County accepts
dedication at the City/ County's discretion;
d. Address shall be visible from the road which provides access to that
building, and;
e. The wording of the aforementioned shall be approved by the City or
County Attorney, whichever has jurisdiction.
• This condition has been met. The property has been annexed into the city
of Kalispell and the other items have been addressed as a note of the face of
the final plat.
Lone Pine View Estates Subdivist.n - Final Plat
March 1, 1997
Page 6
Condition No. 3. The water, sewer and storm drainage systems shall be
approved by the Montana Department of Health and Environmental Sciences
and the Environmental Health Services office of the Flathead City -County
Health Department and the City of Kalispell Public Works Department.
• This condition has been met. A Certificate of Subdivision Approval from the
Department of Environmental Quality dated March 21, 1995, E.Q. #15-95
L10-81-239K approving the water and sewer facilities for the subdivision
has been submitted with the final plat application.
Condition No. 4. A grading and drainage plan shall be approved by the City
Public Works Department.
• This condition has been met. The Kalispell Public Works Department has
submitted a letter dated February 26, 1996 approving the grading and
drainage plans and other improvements.
Condition No. S. All right-of-ways within the subdivision shall be a minimum
of 60 feet in width.
• This condition has been meet. The required right-of-way has been noted on
the face of the final plat.
Condition No. 6. Certification by a professional engineer licensed in the State
of Montana that states the roads are built to City of Kalispell standards for
paved roads shall be submitted with the application for final plat approval.
This improvement includes 36 feet of improvement back of curb to back of
curb, gutters, sidewalks and street trees.
• This condition has been met. A from Jackola Engineering has been
submitted with the final plat application stating that the improvements have
been installed to the required specifications. A letter from the Kalispell
Public Works Department dated February 26, 1997 certifying that the
improvements have been installed as required except those for which a
subdivision improvements agreement and collateral will cover.
Condition No. 7. That sidewalks be installed on both sides of the streets.
• This condition has been addressed. Sidewalks will be covered under the
subdivision improvements agreement and will be installed during
construction.
Lone Pine View Estates Subdivision - Final Plat
March 1, 1997
Page 7
Condition No. S. Street names shall be approved by the City of Kalispell.
• This condition has been met. Street names were provided by the City of
Kalispell..
Condition No. 9. Cash in -lieu of parkland fee of $2,608 shall be paid
• This condition has been met. A check in the required amount for cash -in -
lieu of parkland has been submitted with the final plat.
Condition No. 10. The location of mail deliver shall be shown on the final plat
and approved by the postmaster.
• This condition has been met. A central mail location has been indicated on
the final plat and approved by the post office as indicated by the letter from
the U.S.P.S. dated October 24, 1995.
Condition No. 11. Documentation from the fire chief having jurisdiction
approving the location of the fire hydrants.
• This condition has been met. A letter from the Kalispell Fire Chief dated
December 17, 1996 approving the fire hydrants has been submitted with
the final plat.
Condition No. 12. That water and sewer mains be extended to the City of
Kalispell mains.
• This condition has been met. A letter from the Kalispell Public Works
Department dated February 26, 1997 has been received with states that the
improvements have been installed according to City standards.
Condition No. 13. All streets shall be clearly signed in a manner conforming
to the City of Kalispell standards.
• This condition has been met. This City of Kalispell will install the required
street signs which have been paid for by the developer.
Condition No. 14. All utilities shall be underground.
• This condition has been met. A letter from the Kalispell Public Works
Department dated February 26, 1997 has been submitted approving the
Lone Pine View Estates Subdivisl.,,i - Final Plat
March 1, 1997
Page 8
required improvements. Certification from Jackola Engineering for the
required improvements has also been submitted.
Condition No. 15. All areas disturbed during development of the subdivision
shall be revegetated in accordance with a plan approved by the Flathead
County Weed Control Board. Any disturbances within the floodplain areas of
Ashley Creek shall be revegetated immediately.
® This condition has been met. A letter from the Kalispell Public Works
Department dated February 26, 1997 has been submitted approving the
required improvements. Certification from Jackola Engineering for the
required improvements has also been submitted.
Condition No. 16. Preliminary plat shall be valid for a period of three (3) years
from the date of approval by the Flathead County Board of Commissioners.
® This condition has been met. The final plat was submitted prior the
expiration date of the preliminary plat of March 21, 1998.
The final plat is in substantial compliance with the preliminary plat which was
submitted and approved.
This subdivision plat has been found to be in substantial compliance with the
State and City Subdivision Regulations.
COMPLIANCE WITH THE ZONING REGULATIONS
This subdivision has been found to be in compliance with the Kalispell Zoning
Ordinance.
�ZOWOJOVADJM, r
All of the conditions of preliminary plat approval have been adequately met or
otherwise addressed. The developer has filed a subdivision improvements
agreement with the City and has posted collateral for the required amount.
This subdivision improvements agreement has been reviewed by the Public
Works Department and the City Engineer. The Flathead Regional
Lone Pine View Estates Subdivisiwi - Final Plat
March 3, 1997
Page 9
Development Office recommends that the Kalispell City County approve the
final plats for Lone Pine View Estates and Lone Pine View Estates Phase II.
Please schedule this matter for the City Council work session scheduled on
March 10, 1997 and subsequent regular meeting of March 17, 1997.
Sincerely,
I -AUV911.
Narda Wilson, AICP
Senior Planner
NW/
Attachments: 1 opaque mylar of final plat for each phase
1 reproducible mylars of final plat for each phase
1 blueline of final plat for each phase
Final plat application dated 1 / 21 / 97
Engineer's Certification dated 12/ 19/96
Letter from DEQ dated 3/21/95 E.S. #15-95-L4-21-238K for
Phase I
Letter from DEQ dated 3/21/95 E.S. #15-95-L10-81-239K
for Phase II
Letter from U.S.P.S. dated 10/24/95
Letters from Public Works dated 2 / 26/ 97
Letter from Kalispell Fire Dept. dated 12/ 17/96
Title Report from Flathead County Title Co. J 139512 dated
12/17/96
Consent to plat from Continental Saving Bank 2/25/97
Consent to plat from Catherine Stevenson 2/26/97
Treasurers Certification for Phase I 1 / 21 / 97
Treasurers Certification for Phase II 1 / 21 / 97
Subdivision Improvements Agreement/ Engineers Estimate
Cash in lieu of parkland check
c: Flathead Land Consultants, Box 572, Kalispell, MT 59901
Jackola Engineering, Box 1134, Kalispell, MT 59903
Vista Construction, 38880 S.E. Serban Rd., Sandy, OR 97055
Debbie Gifford, Kalispell City Clerk
H: \... \KFP97-1
tl f7°E SiT'E�
350 NORTH MERIDIAN ROAD
KALISPELL MT 59901-9998
October 24, 1995
THOR JACKOLA
JACKOLA ENGINEERING CO
P 0 BOX 1134
KALISPELL MT 59903-1134
RE: LONEPINE VIEW ESTATES SUBDIVISION (32 LOTS)
FOR MAIL DELIVERY HAS BEEN ESTABLISHED.
IF YOU HAVE ANY QUESTIONS, PLEASE FEEL FREE TO CALL ME AT (406) 755-6450.
KENNETH G ROSS CUSTOMER SVC SUPV
U S POSTAL SERVICE
350 N MERIDIAN RD
KALISPELL MT 59901-9998
e
1
(II0i
1
rrlf orporated 1892
Telephone (406) 758-7700
Douglas Rauthe
FAX (406) 758-7758
Mayor
Post Office Box 1997 t��
t
Kalispell, Montana
Zip 59903-1997 �� ��� 2 71997
Clarence W. Krepps
City Manager
February26, 1997jR801o1>,i/1p�
City
Members:cil
Gary W. Nystul
Ward I
Narda Wilson
Flathead Regional Development Office
WardCollins
735 5th Avenue East
Kalispell, MT 59901
Norbert F. Donahue
Ward II
Re: Lone Pine View Estates
Dale Haarr
Ward 11
Jim Atkinson
Ward III
Dear Narda:
Lauren Granmo
Ward III
This letter is to verify the water, sanitary sewer, drainage and roadway improvements
for the Lone Pine View Estates Subdivision have been installed, generally in
Pamela B. Kennedy
Ward IV
accordance with City Standards. The few remaining items are covered by a
Developer's Extension Agreement.
M. Duane Larson
Ward IV
The drainage plan was approved by the Kalispell Department of Public Works. A
few items which were not built in accordance with the plan are addressed in the
Developer's Extension Agreement.
Please feel free to call if you have any questions.
Sincerely,
ohn C. Wilson, P.E.
Assistant City Engineer
cc: Mike Spring, US Partnerships H
1, Kate Stevenson, as owner of Tract 7, Sec, 19, Twp. 28, Range 21 of Flathead County,
Mt., give Pacific Developement Corp. the right to apply for Rezoning, Master Plan
amendment, or Annexation to the City of Kalispell as needed to complete the proposed
Lonepine View Estates Subdivision.
X
K6t9'Stev6'6son-
STATE OF MONTANA)
): ss
County of Flathead
On this Q day of February, 1997 before me, the undersigned Notary Public in and for the
State and County aforesaid, personally appeared KATE STEVENSON, known to me to be the
person whose name is subscribed to the foregoing instrument and acknowledged to me that she
executed the same.
IN WITNESS WHEREOF, I have here unto set my hand and affixed my Notarial Seal the day
and year first above written, j
f Notary Public State of Montana
(Seal) t Residing at Kalispell, MT
My Commission Expires: q— 2--(,—0d
"...3- 3$ JA
ia% 'tli `t\
"4eering Cons"
December 19, 1996
City of Kalispell
P.O. Box 1997
Kalispell, MT 59903-1997
RE: Lonepine View Estates - 32 Lots
NW1/4, Section 19, T28N, R21W., P.M.M.
Lot No. 2 of Minor Subdivision #117
Flathead County, Montana
Gentlemen:
This letter is certification that the above referenced project is
substantially complete and in accordance to plans and
specifications prepared by this office. Site visitations have
been done during the course of the project to view the work
progress.
Certain work items have been requested to be performed when
weather allows and/or with home construction on the lots. These
items are listed in the letter of final plat application and in
the escrow agreement. Escrow #LL757-N with Continental Mortgage
Company has been provided for the purpose of guaranteeing their
completion. These items have been discussed with the City and
this procedure has been agreed upon allowing the final plat
process to proceed.
Very truly y r ,
Gti
Thor A.M. J kola, P.E.
TAJ/se
Mailing Address: P.O. Box 1134, Kalispell, MT 59903 Location: 317 1st Avenue East phone (406) 755-3208 fax (406) 755-3218
KALISPELL FIRE DEPARTMENT
336 1 st Avenue East
P. O. Box 1997
KALISPELL, MONTANA 59903-1997
TED MAIN TED WAGGENER
ASST. CHIEF FIRE CHIEF
December 17,,1996
Jackola Engineering
Thor Jackola
317 1st Avenue East
Kalispell,Mt 59901
Dear Sir:
The number and placement of fire hydrants in Lone Pine Estates
Subdivision are approved by the Kalispell Fire Department.
Sincerely,
Y�
Ted A.Waggener
Fire Chief
FIRE PREVENTION IS GOOD BUSINESS
December 17, 1996
City of Kalispell
P.O. Box 1997
Kalispell, MT 59903-1997
ATTN: John Wilson
RE: Lonepine View Estates - 32 Lots, Phase I and II
NW1/4, Sec. 19, T28N, R21W, P.M.M., Flathead County
Lot No. 2 of Minor Subdivision Plan No. 117 with Road
Easements. (Lots 1-5 and Lots 7-33), Kalispell, MT
Final Plat Application
Dear Mr. Wilson:
This letter is follow-up of our meeting in your office on December
10, 1996. The letter is application for final plat processing to
allow home construction within the substantially complete
subdivision. The Petition for Annexation to the City of Kalispell
was approved at the City Planning meeting on the evening meeting on
December 10, 1996 which, I understand, is being forwarded to the
City Council for action, hopefully on January 6, 1997. The intent
is to have the final plat ready, pending Council approval, for City
of Kalispell approval signature with single-family R-3 zoning.
In response to the preliminary plat approval conditions applied to
Lonepine View Estates by the Flathead County Commissioners for
final plat approval are as follows:
1) The zoning was initiated as Flathead County zoning R-4 and
City of Kalispell zoning R-3; single-family dwelling per lot.
2) The subdivision is being petitioned to be annexed to the City
of Kalispell as R-3 zoning which is single-family only.
3) The water, sewer and storm drainage have been approved by the
State of Montana as E.S. 15-95-64-21 and E.S. 15-95-L10-81.
4) The City of Kalispell, Public Works have approved the grading
and drainage based on the submitted drawings prepared by
Jackola Engineering Company.
5) All right-of-ways within the right-of-way are 60 feet wide.
6) The professional engineering certification is attached to this
final plat application.
7) Five-foot wide sidewalks are being provided on both sides of
Santa Fe, Phoenix, Bismarck Streets which lots face onto, and
Mailing Address: P.O. Box 1134, Kalispell, MT 59903 Location: 317 1st Avenue East phone (406) 755-3208 fax (406) 755-3218
City of Kalispell
December 17, 1996
Page 2
one side on Boise and Denver Avenues as was approved as to
what would be required.
8) The City of Kalispell provided the street names.
9) The parkland fee will accompany the final plat application.
10) Location of the mail delivery has been approved by the Postal
Service.
11) Kalispell Fire Department approval of hydrants has been
approved.
12) The water and sewer mains have been extended to the City of
Kalispell utility mains.
13) The City of Kalispell will be providing the street signing,
paid for by the contractor/developer.
14) All utilities are underground with the exception of the
bridge crossing at Ashley Creek. The sewer and water are
supported independent of the bridge members and are insulated
and heat traced.
15) The disturbed areas have been graded with topsoil and seeded.
16) This letter is for final plat application and approval.
From our meeting of December 10, 1996, we submit to the City of
Kalispell the following as a basis of understanding to, pending
City Council approval, allow final plat approval finalization on
the hopeful January 6, 1997 date.
1) Re -test with City of Kalispell and the engineer of record the
water main in Sunnyside from the air release tap at manhole at
bridge. Should there be any leaks, they will have to be
corrected. The system test, when being found to meet City and
State standards (which is expected), the Apco air release
valve shall be installed and the manhole left orderly and
clean. Re -test sewer main from manhole 1A to Manhole 2 in
Sunnyside Drive.
2) The developer requested and has received approval to provide
an escrow *LL757-N with Continental Mortgage Company and Vista
Construction, Inc. for the purpose of guaranteeing the
completion of the following:
a) The developer has requested to install the sidewalks and
handicap ramps with the construction of the homes to
minimize damage and locate driveways where appropriate
for each lot and as shown on the subdivision drawings.
b) The City of Kalispell is to install street signage in the
subdivision.
City of Kalispell
December 17, 1996
Page 3
c) The drainage ditch awaits the Spring runoff season to
ascertain whether ditch rock installation needs rock
removal and replacement or is acceptable to the City.
d) The 50-foot approach section on Denver Avenue at
Sunnyside Drive awaits monitoring to ascertain as to
whether reconstruction is necessary in the Spring or is
acceptable to the City.
e) Replace damaged section of curb at station 1+30 on East
side of Denver Avenue.
f) Adjust valve boxes and service valve boxes to City of
Kalispell requirements.
g) A-1 Paving will install box risers to required grade in
paved areas to City of Kalispell requirements as soon as
weather permits.
h) At such time when it becomes visible as to seed growth and
grading of disturbed areas, any non -growth and additional
required grading areas, if any, shall be re -graded and re-
seeded to assure grass cover of disturbed areas.
The developer wishes to start construction of homes at the earliest
possible time, weather permitting, within the subdivision and needs
final plat approval to facilitate marketing the homes/lots. A
substantial investment has been made and recovery of these carried
costs needs to get started. A respectful request is made to
facilitate an expedient final plat processing to allow this quality
subdivision to enter the market place.
Thank you for your consideration.
Very, Arely yours,
ola, P.E.
TAJ/se
Enc.
cc Narda Wilson, FRDO
Richard Montgomery, Flathead Co.
Mike Spring, U.S. Partnership II
Glenn Uskoski, Vista Construction
Jim Burton
Environmental Services
Earl Bennett, Flathead County Commissioners
Birk Brothers Construction
GUARANTEE
$� AMERIc
� q
First American Title Insurance Company
1 1.3 9 512 1347(11/68)
CLTA Guarantee (5.3-73)
1. Definition of Terms
The following terms when used in this Guarantee mean:
(a) "land": The land described, specifically or by reference, in
this Guarantee and improvements affixed thereto which by law
constitute real property;
(b) "public records": those records which impart constructive notice
of matters relating to said land;
(c) "date": the effective date;
(d) "the Assured": the party or parties named as the Assured in
this Guarantee, or in a supplemental writing executed by the
Company;
(e) "mortgage": mortgage, deed of trust, trust deed, or other
security instrument.
2. Exclusions from Coverage of This Guarantee
The Company assumes no liability for loss or damage by reason
of the following:
(a) Taxes or assessments which are not shown as existing liens by
the records of any taxing authority that levies taxes or assessments
on real property or by the public records.
(b) Unpatented mining claims; reservations or exceptions in pat-
ents or in Acts authorizing the issuance thereof; water rights,
claims or title to water.
(e) Title to any property beyond the lines of the land expressly
described in the description set forth in this Guarantee, or title
to streets, roads, avenues, lanes, ways or waterways on which such
land abuts, or the right to maintain therein vaults, tunnels, ramps
or any other structure or improvement; or any rights or easements
therein unless such property, rights or casements are expressly
and specifically set forth in said description.
(d) Defects, liens, encumbrances, adverse claims against the title
as guaranteed or other matters (1) created, suffered, assumed or
agreed to by one or more of the Assured; or (2) resulting in no
loss to the Assured.
3. Prosecution of Actions
(a) The Company shall have the right at its own cost to institute
and prosecute any action or proceeding or do any other act which
in its opinion may be necessary or desirable to establish or con-
firm the matters herein guaranteed; and the Company may take
any appropriate action under the terms of this Guarantee whether
or not it shall be liable thereunder and shall not thereby concede
liability or waive any provision hereof.
(b) In all cases where the Company does so institute and prosecute
any action or proceeding, the Assured shall permit the Company
to use, at its option, the name of the Assured for such purpose.
Whenever requested by the Company, the Assured shall give the
Company all reasonable aid in prosecuting such action or pro-
ceeding, and the Company shall reimburse the Assured for any
expense so incurred.
4. Notice of Loss — Limitation of Action
A statement in writing of any loss or damage for which it is
claimed the Company is liable under this Guarantee shall be fur-
nished to the Company within sixty days after such loss or damage
shall have been determined, and no right of action shall accrue
to the Assured under this Guarantee until thirty days after such
statement shall have been furnished, and no recovery shall be
had by the Assured under this Guarantee unless action shall be
commenced thereon within two years after expiration of said
thirty clay period. Failure to furnish such statement of loss or
damage or to commence such action within the time hereinbefore
Specified, shall be a conclusive bar against maintenance by the
Assured of any action under this Guarantee.
5. Option to Pay, Settle or Compromise Claims
The Company shall have the option to pay or settle or comSromisc
for or in the name of the Assured any claim which could result
in loss to the Assured within the coverage of this Guarantee, or to
pay the full amount of this Guarantee or, if this Cuarantee is
issued for the benefit of a holder of a mortgage, the Company shall
have the option to n rchase the indebtedness secured by said
mortgage. Such purchase, payment or tender of payment of the
full amount of the Guarantee shall terminate all liability of the
Company hereunder. In the event after notice of claim has been
given to the Company by the Assured the Company offers to
purchase said indebtedness, the owner of such indebtedness shall
transfer and assign said indebtedness and the mortgage securing
the same to the Company upon payment of the purchase price.
6. Limitation of Liability — Payment of Loss
(a) The liability of the Company under this Guarantee shall be
limited to the amount of actual loss sustained by the Assured
because of reliance upon the assurances herein set forth, but in
no event shall such liability exceed the amount of the liability
stated on the face page hereof.
(b) The Company will pay all costs imposed upon the Assured in
litiga.'.on carried on by the Company for the Assured, and all
costs and attorney's fees in litigation carried on by the Assured
with the written authorization of the Company.
(c) No claim for damages shall arise or be maintainable under
this Guarantee (1) if the Companyy after having received notice
of an alleged defect, lien or encumbrance not shown as an Excep-
tion or excluded herein removes such defect, lien or encumbrance
within it reasonable time after receipt of such notice, or (2) for
liability voluntarily assumed by the Assured in settling any claim
or suit without written consent of the Company.
(d) All payments under this Guarantee, except for attorney's fees
as provided for in paragraph 6(b) hereof, shall reduce the amount
of the liability hereunder pro tanto, and no payment shall be
made without producing this Guarantee for indorsement of such
payment unless the Guarantee be lost or destroyed, in which case
proof of such loss or destruction shall be furnished to the satis-
faction of the Company.
(e) When liability has been definitely fixed in accordance with the
conditions of this Guarantee, the loss or damage shall be payable
within thirty days thereafter.
7. Subrogation Upon Payment or Settlement
Whenever the Company shall have settled a claim tinder this
Guarantee, all right of subrogation shall vest 'in the Company
unaffected by any act of the Assured, and it shall be subrogated
to and be entitled to all rights and remedies which the Assured
would have had against any person or propertyin respect to such
claim had this Guarantee not been issued. If the payment does
not cover the loss of the Assured, the Company shall be subrogated
to such rights and remedies in the proportion which said payment
bears to the amount of said loss. The Assured if requested by the
Company, shall transfer to the Company all rights and remedies
against any person or property necessary in order to perfect such
right of subrogation, and shall permit the Company to use the
name of the Assured in any transaction or litigation involving such
rights or remedies.
8. Guarantee Entire Contract
Any action or actions or rights of action that the Assured may have
or may bring against the Company arising out of the subject
matter hereof must be based on the provisions of this Guarantee.
No provision or condition of this Guarantee can be waived or
changed except by a writing endorsed or attached hereto signed
by the President, a Vice President, the Secretary, an Assistant
Secretary or other validating officer of the Company.
9. Notices, Where Sent
All notices required to be given the Company and any statement
in writing required to be furnished the Company shall be addressed
to it at 421 North Main Street, Santa Ana, California 92701, or to
the office which issued this Guarantee.
10. Fee
The fee specified on the face of this Cuarantec is the total fee for
title search and examination and for this Guarantee.
SUBDIMION OR FEE: $125.00
PROPOSED ;
• # .• • .. t i l ••
IIEMML�°�
• - -- t.>)
the attached legal description:
a portion of Lot 2 of Mnor Subdivision Plat Number 117,, records of Flathead
County, and more particularly described as follows:
Commencing at the North Quarter corner of said Section 19; thence
South a a * ♦ West, on and along the ' h boundary1 said Northwest
'''>.
Quarterg
Certificatea distance of 501.26 feet to a point which point is the Northeast corner of Tract
of Survey No. 7640, records of FlatheadCounty;
Couth 00*17'40" East, on and along the East boundary of said Tract:Z� a distance
of 78180 feet to a point and which po• try. corner 1
South 0' 9" Eas4 on and along said East boundary, a distance of 520.13
to a point and which point Is the Southeast corner of said Tract 2 and which point
is the Southeast corner of said Lot 2 of Mnor Subdivison Plat Number 117;
thence
South 88*25'20" West, on and along the South boundary of said Lot 2, a distance
of 48&16 feet W a point and which point Is the Southwest corner of said Lot 2;
thence
J%iInd ',l 1 1,mr#Y` 1f
520.16 feet to <°:.: point and X.which point is the Northwest corner *_ ' of said #' ' i ' 9 1 .:
View Estates; thence
North 88025'20" Eas4 on and along the North boundary of said Lonepine View
Estates, a distance
.:-r=e of`Tr Wit'# 1' 0feet y J theTruePoint
, oiJ- of Beginning.
'''' .. J 1 "" yJ 3 1.' #-, Z'WRIMMST, g :: "9,J 1Y-I'Tf N=IMP if ,1 South "...Ji
County and more particularly described as follows:
Conunencing at the North Quarter corner of said Section 19; thence
88*11'18" West, and along the North boundary of said Northwest Quarter,
Estatesa distance of 501.26 feet to a point which point is the Northeast corner of Tract 2
of Certificate of Survey No. 7640, records of Flathead County; thence
782-80 feet to a point and which point is the Northeast corner of Lonepine View
Subdivision" True Point JBeginning;
EstateSouth 8825'20" West, on and along the North boundary of said Lonepine View
Jn a distance of 486.90feet to ;. point , which point1
Northwest corner of said Lonepine View Estates
w Subdivision and which point
on the West boundary of said Lot 2 of Mmor Subdivision Plat Number 117;
thence
North4',D*If,VII.*TF' WeA, on and along the West boundary of said Lot 2,a distance
of 260.07point and which pointNorthwest corner of 1
thence
North 88*25'18" East, on and along the North boundary of said Lot 2, a disa
of 486.27 J :. point . J and which point £e Northeast corner of said Lot
thence
#t !1 1 r '1 1; # a�,ry-, ,,
PhaseView Estates� - 11
the requirements of Rathead. County Subdivision Regulations on the certificates
consenting to the recordation of Plats and offering for dedication any streets, roads
avenue, and other easements offered for dedication by said plat are: I
.} 1v�. 1,- ; ; 3, u1:., , , ,.
payable.2. Taxes, charges and assessments for the 2nd half of 1996, which are due and
3. Trust Indenture dated September 23, 1994, to secure an indebtedness in the
r.principal sum of
AMOUNT $600,000.00, and any other amounts and/or
obligations e - 1 y
FlatheadRECORDED : May 12, L995 as Doc. No. 95-132-09520, records of
.- County, Montana.
FlatheadGRANTOR : Vista Constuction, Inc.
TRUSTEE : County e Company
WENEFTCIARY : Continental Savings Bank a Washington state
chartered savings and loan association
(3) Easements, claims of easements and restriction agreements of record are:
nA
Flathead County, Montana, as follows:i easement or ghof t n
electric transmission and distribution fine of one or more wires. -along the
general ; course nowlocated-.togetherwith h, - right of ingressand egress over
the • irenlands of the o.
(c) A 60 foot private road and utility easement as shown on Certificate of Survey
No.64 records of Flathead County, Montana.
^,1i2I 7 '17W3t n7Iz It - 17-5 `,.`s I•`1` 1, F-iCounty, Montana.
Water Well Agreement and Grant of InterestWell dated
and John G. LaBonty and Viola LaBonty, recorded October 1, 1984 as Doc.No.
8''-275-15350, records of
Hathead County,Montana.
(f) The effect of restrictions contained in Certificate of Subdivision Plat
`" i1 ; ,! >.Y.: i; .:. fA"' i=i. i l
f< y - ; : • e rmdway andutility easement granted to Myke Dee Lindsay,
recorded July 25,1995 as Doc. No. 95-206-12400, records of Flathead County,
Montana.
Easement for oNiw, and utility easement granted to Vista Construction.,
recorded July 25,1995Doc. i f 01 records of f r'
Easement for
.f roadway
.i, andutilitym`► granted tf The L.E. Lautaret
Trust, LM Lautaret and Maxine Lautaret, Tim Knoll and Kay Knoll, and Paul
E. 1,Jr., and Mary Jane:. ' itrecorded July 25,1995
Doc. ':h
95-206-12420, records of Flathead County, Montana.
Easement ,; for
roadway
. 1;a.,bi wand utility easement granted to Catherine M.
FlatheadStevenson, recorded July 25,1995 as Doc. No. 95-206-12430, records of
f_ Montana.
r `�
ars I-.717;)"r�
(o) A 10 foot utility easement as shown on unrecorded plat of Lonepine View
Phase i . ;i . i "View Estates, records :: i` 1Flathead County,
Montana.
(p) CertWcate of Utility Easement as shown on the unrecorded plat of Lonepi
View Estates and Lonepine View Estate, Phase 2, records of Flathead County,
MontaiUL - j
(q) Conditions of final approval as shown on the unrecorded plat of Lonepine
View Estates and ':k`i' View Phasefollows:
1. All lots for singlefamily I
2. Addresses. shallbe visible <' fromthe roadwhich provides access1 that
building.
i .,:.. ,. i°<" # i;. :s" 3 11 ' t i � i 1-. ' 1 , , a i ' .:r 1 ! li:,> ► ! i T. 1..
FlatheadView Estates, recorded June 5, 1996 as Doe. No. 96-157-11320, records of
County, Montana.
iTT -1 MY7TT M7 i .a Jt , p
FM-1%18
J-139512
Certificate of Platting
Continued from attached page. -
We find the property to be in Smith Valley
Dated: December 17,1996 at 8:00 a.m.
-fh
Subscribed and sworn to before me this day of 1996.
dAdRWMWft l Cl
Notary blicporhe S�f ontana
NCO Residing at
My commission expires Oo - Z 3- (200
�iamntn��,°
CONSENT TO PLAT
I , the undersigned, CONTINENTAL SAVINGS BKNK do hereby
consent the platting of the real property described as
"LONEPINE VIEW ESTATES AND LONEPINE VIEW ESTATES, PHASE 2,
attached hereto, and by this reference made a part hereof.
STATE OF
SS
County of �-� q� �)
On this Z:. day of 1997, before me,
the undersigned, a Notary Public for the State of
-� 5- k - Y') personally appeared
Mi Ckacf� W-e I and subscribed his
name to the within instrument and acknowledged to me that tie
executed the same.
dw
f%AX .c
No ary F66blic for the State of
Residing at O
My Commission Expires
>a . 1k . r7 . Q .
CI'PY/COUNTY
I?'INAL FLFii` L3)_'FbICATIU14
gtwnvialon Name: /--"cptr e V�
3,'n6ofiLact Person:
Addrosa
K-11sre0 YY14, S-59d3
Motto No.
WLo of preliminary Piat Approval:_
Uwner.,
i"PPUCATION
JAN 2 �. i99i
F, R. D. O.
/n r-.
Q
503-L(G8-
q« 3
Type Subdivision: Reu.idential 1adOUL171al Conunercial ____ PUD __ Other
No: of Lots Proposed inrkiands
OLshd in LoLs (ac.) S• 33 � r o band (ac.) /
CaISIt-ln-11.CU $ /Q� .ao
Exempt
FILING FEE A,r,'ACIlkD $ (_,?U' NoLe: Illiuu Subdivieion - $200 + $10/IoL
Major Subdivision - $300 -t $10/lot
rrol. Plat waived - $400 1'$10/lot
Not
bllachbd
Ii mUCIUM
(MUST
CIIECK ONE)
Health Departmont CertificnLlon (Original)
Title Report (Original, not more than 90 daya old)
_
Tax Certification (Property Laxea must be paid)
_
Consent(a) to Plat (Originals and notarized)
^�
Sub. Improvements Agreement (attach col.lnteral)
Parkland Cash -in -Lieu (Check attached)
_
Covenants (Qrig" nal signature provided)
Ilomeowneto By-Laws/ArLiclet; of Incorporation (Originals)
Pia La: i opn(ntra
2 mylar copies
3 bluelinea
Plat must be signed by all owners of. record, Lire surveyor and examining land surveyor.
Utah 6 letter which lima eat;h condl.t.lon of preliminary p]nL approval and ltic(lv.(duhily
OtAb bolt each condition has apecifically been rust. In csaea where docuutentation Is
requiiedt auch ua an engineer.'o cort,riivoLlon, State Department of IleaiLh certificatton,
OW., briginal shtill be oubmiLLed. Blanket oLoLemonts stating, ft r :,: ample, "all
lWrovements are In place" are not. nccepLable.
Eoanpibte final opplicaLlon must be aulnniLted no leso than 30 dayo p-Ior to enpiration
doLd bf prollminory plat.
Nholl Jill finoi plat, materials are submitted to the F.R.D.O. and I.hc sLoff fIndif the '
toliw OW is complete♦ Lhe ataff will submit a report to the governing body. The
; >lilhtj btit(jt mdaL hbL wi).hlu 30 days of recelpt of Lhe final. plat application and staff •-
ri,piirL+ lficttmplete submIttalas trlll not: be accepted and will not be forwarded Lo the
gbverhing body for 61A rovnl. ChnngeH Lo Lho approved preliminary plat may neccoaitote re-
conNideration by the Planning board.
j bb B y that oil informaLion euUOILed Iu Lruer accurate and complete. I underaLand that
lhcompleLe information will not be accepted and that false Information will delay the
diviication slid may invalidate any approval. The signing of this applicaLion slgnifles
8ppibirdi for F.R.D.0. staff Lo be present on the properly for routine monitoring and
ltispbeLloo during Lhe approval and development process.
" F9 (4"I .2
A � 7
Owner alRyna ure bate /
h9vlged 1/26/93 di, J
City of Kalispell Public Works Department
Post Office Box 1997, Kalispell, Montana 59903-1997 - Telephone (406)758-7720, Fax (406)758-7831
January 18, 2002
To: Charles Harball, Interim City Attorney
Chris A. Kukulski, City Manager
From: James C. Hansz, PE, Director of Public Works/City
Subject: Developer's Extension Agreement — Lonepine Viei
Attached is a copy of the developer extension agreement for Lonepine. Recent inquiries
for sewer service have come from adjacent property owners. They have been stunned to learn of
this agreement and of the large fees they must pay to obtain access to the water/sewer facilities.
It appears this agreement was never recorded and there is every likelihood that none of
the property owners was aware of the terms in this agreement when it was created. Further, the
City's Extension of Services Policy (Resolution #4241, November 1996) requires that all
extension agreements are subject to Council approval of the parcels and assessments to be
included. No record exists of the required Council approval.
Please review this document and let me know if it is enforceable and whether the City has
any potential liability for having entered into the agreement.
•'J 1 11430913RbN
This Agreement, made and entered into this Z97V day of
N4Y , 19940, by and between the City of Kalispell,
hereinafter referred to as "City" and U.S. Partnership II,
Developer of Lonepine View Estates, a Kalispell contiguous
Subdivision, hereinafter referred to as "Developer".
WITNESSETH:
WHEREAS, it is to the mutual benefit of the City and the
Developer to provide an extended sewer main and an extended water
main for property owned by the Developer and described as
Lonepine View Estates, a subdivision located contiguous
Kalispell, Montana; and,
WHEREAS, the parties to this agreement desire to provide for
the collection of the expenses and costs of the extended sewer
main, the extended water main, and the arterial street required
for the development of Lonepine View Estates.
NOW THEREFORE, in consideration of the mutual covenants
herein contained, the parties to this agreement do hereby agree
as follows:
DEFINITIONS
1. "Agreement" shall mean this Developer Extension
Agreement.
2. "Design Area" shall mean and include those parcels of
land shown on Exhibit A attached hereto and incorp-
orated herein by this reference.
3. "Extended Sewer Main" shall mean that sewer main and
appurtenances extending from the existing sewer main
located in Sunnyside Drive, extended as shown on
Exhibit B.
4. "Sewer Service Area" shall mean the parcels of land
that are to be served by the Extended Sewer Main shown
as Exhibit A, "Design Area", bridge crossing included.
5. "Extended Water Main" shall mean that water main and
appurtenances extending from the existing water main
located on Sunnyside Drive to the end of the new water
extension as shown on Exhibit B.
6. "Water Service Area" shall mean the parcels of land
that are to be served by the Extended Water Main as
1
shown on Exhibit A, "Design Area", bridge crossing
included.
7. "Late -Comer" shall mean the entity connecting to the
Extended Sewer Main, the Extended Water Main, or the
Extended Arterial Street who contributes sewage to the
Extended Sewer Main or who receives water from the
Extended Water Main, use of Extended Arterial Street
and who did not share in the initial cost of the
Extended Sewer Main and the Extended Water Main.
8. "Initial Cost" shall mean and include all cost related
to the installation of the Extended Sewer Main, the
Extended Water Main which shall consist of the
construction costs. See Exhibits A and B.
9. "Entity" shall mean an owner's specific parcel of land
shown on Exhibit A attached and shall mean the owner of
parcel.
10. "Escrow Agent" shall mean Escrow Services, whereto the
Late -Comer pays the stipulated fee and from which dis-
bursement is made to the Developer.
This Agreement shall be in effect for a period of ten
(10) years after completion of the Extended Sewer Main and
the Extended Water Main. The date of completion is hereby
established as July 1, 1996. Therefore, the termination
date shall be July 1, 2006. Upon the termination of this
Agreement, the Developer shall not be entitled to any
further Late -Comer fees.
During the period of the Agreement, the City shall have
the right to allow other Ehtities outside of the service
areas shown on Exhibit A, to connect to the Extended Sewer
Main and to the Extended We.ter Main without payment of any
fee to the Developer.
INITIAL COST
The Developer shall pay the initial cost of
constructing the Extended Sewer Main and the Extended Water
Main. The initial cost is herein established as follows:
2
Extended Water Main
Extended Sewer Main
Bridge Crossing
Total
$ 50,763
40,624
87,324
$178,711
GUARANTEE AND MAINTENANCE
The City shall maintain the acceptably constructed
Extended Sewer Main and Extended Water Main. However, the
Developer shall replace or repair any defect in material or
workmanship for a period of one (1) year after the foregoing
completion date. If any defects in material or workmanship
are discovered during the one-year warranty period, the
Developer shall replace or repair such defects to the
satisfaction of the City Engineer. Such replacement or
repair work shall also be subject to a one-year warranty as
described above.
raflallmmsaft
The City shall receive payment for establishing usage
and connecting fees, in accordance with the rate schedule by
the City.
ESTABLISHING OF ESCROW AGENT
The Developer shall pay all costs in establishing and
maintaining the escrow account.
LATE-COMER'S FEE TO DEVELOPER
With the exception of Lot 117(2) to be known as
Lonepine View Estates, which are lots owned by the Developer
and were the cause of the Extended Sewer Main and Extended
Water Main, the City shall not issue any permits for
connection to the Extended Sewer Main or Extended Water Main
or any connection which will contribute to the Extended
Sewer Main or receive water from the Extended Water Main,
unless said Late -Comer shall show proof of payment of the
fees required herein, at the time the Late -Comer makes
application for a permit to connect, nor will the City allow
any properties in the Sewer Service Area, and Water Service
Area to be connected without paying the Late-Comer's fee
included herein.
3
EXTENDED SEWER MAIN, WATER MAIN AND ARTERIAL STREET
Tract
Tract
6LA
Tract
6L
Tract
7AB
(South of River)
Tract
7AACAA
Tract
7AACA
Tract
7AAAA
Tract
117(1)
Tract
117(2)
Tract
7B
Tract
8
Tract
10 (Lot 1)
Tract
10A (Lot 1)
Total Acres
109110.1
Estimated*
Acreage
15.0
15.0
3.0
1.0
1.0
2.0
4.07
8.72
2.00
10.00
14.00
1.00
Late-Comer's Fee
Estimated Cost/Tract/Acre
Sewer** Water***
$16,455/$1097 $18,435/$1229
16,455/ 1097 18,435/ 1229
3,291/ 1097 3,687/ 1229
1,097/ 1097
1,097/ 1097
2,194/ 1097
4,491/ 1103
9,587/ 1099
2,194/ 1097
10,970/ 1097
15,358/ 1097
1,097/ 1097
84,286
1,229/ 1229
1,229/ 1229
2,458/ 1229
5,027/ 1235
10,742/ 1232
2,458/ 1229
12,290/ 1229
17,206/ 1229
1,229/ 1229
94,425
* Estimated acreage requires verification of actual tract acreage at
which time the acreage fee multiplier will be utilized to determine each
individual tract late-comer's fee.
** $84,286/76.79 Acres = $1097/Acre
*** $94,425/76.79 Acres = $1229/Acre
The above established fees shall be increased ten percent
(100) on each twelve (12) month anniversary date of this
Agreement.
IN WITNESS WHEREOF, the parties hereto have executed
this Agreement the day and the year first above written.
CITY OF KALI
j
By
ATTEST
This Agreement is binding upon the parties, their heirs
and assigns.
Dated this Z81V day of /''(,ay , 19 %.
M
CITY OF KALI
By
L7zt5z,
By
U.S. Pcirtnership II
L
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