Staff Report/Final PlatCity of Kalispell
Post Office Box 1997 — Kalispell, Montana 59903-1997 — Telephone (406)758-7700 Fax(406)758-7758
July 17, 2001
Greg Dalerio
1905 5th Avenue East
Kalispell, MT 59901
Re: Final Plat for Monteray Subdivision
Dear Mr. Dalerio:
I am pleased to inform you the Kalispell City Council
unanimously approved the Final Plat for Monteray Subdivision at its
regular meeting last evening.
If you need any additional information, please don't hesitate
to contact me.
Sincerely,
Theresa White
City Clerk
CC: James Burton, PO Box 1134, Kalispell, MT 59903
Narda Wilson, TCPO, 17 2nd Street East, Suite 211, Kalispell,
MT 59901
Flathead eve ice
723 5th Avenue East - Room 414
Kalispell, Montana 59901
July 21, 2000
Phone: (406) 758-5980
Fax: (406) 758-5781
James H. Burton
Jackola Engineering & Architecture
P.O. Box 1134
Kalispell, MT 59903
RE: Preliminary Plat Approval Waiver - Monterey Subdivision
Dear Jim:
This letter is in response to your request on behalf of your client Greg Delano for waiver of
preliminary plat approval of a two lot residential subdivision. The property is located on
the east side of Fifth Avenue East, south of 19th Street East in Kalispell. The property
address is 1905 Fifth Avenue East. The parcels contain approximately 0.469 acres
and can be described as Assessors Tract 8HA and 8DA located in Section 20,
Township 28 North, Range 21 West, P.M.M., Flathead County, Montana.
This property is zoned RA-1, Low Density Residential Apartment, which has a
minimum lot size requirement of 6,000 square feet for a single family home or duplex,
plus 3,000 square feet for each additional unit beyond a duplex. The minimum lot
width is 60 feet and setbacks are 20 feet in the front and rear and ten feet on the
sides. This minor subdivision would create one additional residential lot with a flag
lot configuration. The existing residence is located near the west end of the property
and the additional lot would be created to the east.
Our office can find that this subdivision can meet the criteria outlined in Section 2.06
of the Kalispell Subdivision Regulations which addresses preliminary plat waivers.
Specifically, we can find that (1) the plat contains five or fewer lots, (2) there is no
public dedication of streets or public or private parkland, (3) all lots have legal and
physical access conforming to these regulations, (4) each lot has a suitable building
site and there are no environmental hazards present, (5) municipal water and sewer
are adequate and in place, (6) the subdivision complies with these regulations and
zoning regulations, (7) there are no significant effects anticipated on agriculture and
agricultural water user facilities, local services, the natural environmental wildlife and
wildlife habitat or the public health and safety.
Due to the relatively minor impacts associated with this subdivision, the preliminary
plat is hereby waived subject to the following conditions:
That the final plat will comply with the development standards of the RA-1
zoning district and shall be in substantial conformance with the proposed
preliminary plat.
2. That existing structures be indicated on the final plat and comply with the
zoning setbacks of the RA-1 district.
Providing Community Planning Assistance To:
• Flathead County • City of Columbia Falls • City of Kalispell • City of Whitefish •
Preliminary Plat Waiver for Monterey Subdivision
July 21, 2000
Page 2
3. That a letter from the City of Kalispell Fire Department be obtained stating that
they have reviewed and approved the fire access and suppression system for
the subdivision.
4. That the driveway to the newly created lot be paved.
5. That a note be placed on the face of the final plat stating that present and
future owners of the lots within this subdivision waive protest to a the creation
of a special improvement district for the upgrade of Fifth Avenue East.
6. That a Certificate of Subdivision Approval be obtained from the Department of
Environmental Quality.
7. This waiver of preliminary plat approval is valid for three years and shall expire
on July 21, 2003.
Please be advised that the waiver of preliminary plat approval does not constitute
approval of the subdivision. Please note that prior to final plat approval, all
requirements must be met per Section 2.07 and Chapter 3 of the City of Kalispell
Subdivision Regulations. If you have any questions regarding this matter, please call
Narda Wilson at this office.
Sincerely,
A,,; 4 • /
Thomas R. Jentz [[[
Planning Director
C: P.J. Sorenson, Kalispell Zoning Administrator
Glen Neier, Kalispell City Attorney
TRJ/NW
H: \FRDO \LETTERS \WAIVEPP\2000 \DELARIO
Flathead Regional Development Offlice
723 Sth Avenue East, Room
Kalispell•, • f;
Project Name:
Contact Person:
Name: .jamfs .,4on
Address: PO. f3e)x 113Y
r,(,�P--L 5�9�3
Phone No�,iE3ao8
Owner:
AR
m5 S4i
Date of Preliminary Plat Approval: t4lc "W Yz1 /2oso
Type of Subdivision: Residential ✓ Industrial
No. of Lots Proposed o? - Parkland (ac.)
Land in Project (ac.) O• `f �c. Cash -in -Lieu
Exempt
FILLING FEE ATTACHED $ S50 of
Commercial PUD Other
Minor Subdivision with approved preliminary plat
Major Subdivision with approved preliminary plat
Subdivisions with Waiver of Preliminary Plat
Subdivision Improvements Agreement
Not
Attached Applicable
(MUST CHECK ONE)
—i/
$250 + $25/lot
$500 + $25/lot
$450 + $25/lot
$ 50
Health Department Certification (Original)
Title Report (Original, not more than 90 days old)
Tax Certification (Property taxes must be paid)1)
Consent(s) to Plat (Originals and notarized)
Subdivision Improvements Agreement (Attach collateral)
Parkland Cash -in -Lieu (Check attached)
Maintenance Agreement
Plats: 1 opaque OR 2 Mylars
1 Mylar copy 1 signed blueline
4 bluelines 4 bluelines, unsigned
The plat must be signed by all owners of record, the surveyor and examining land surveyor.
a
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 30 days prior to expiration date of
the preliminary plat.
When all application materials are submitted to the F.R.D.O. 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 F.R.D.O.
staff to be present on the property for routine monitoring and inspection during the approval and
development process.
•TE: Please be advised that the County Clerk & Recorder requests that aU subdivision
fimal plat applications be accompanied with a digital copy.
(-weeY 91griature Date
**A digital copy of the final plat in a Drawing Interchange File (DXF) format or an AutoCAD file
format, consisting of the following layers:
1. Exterior boundary of subdivision
2. Lot or park boundaries
3. Easements
4. Roads or rights -of -way
5. A tie to either an existing subdivision_ corner or a corner of the public land survey system
As approved by the CAB on 4/5/00
Effective 6/1/00
2
Flathead Regional Development Office
723 5 h Ave. East
Kalispell, Montana 59901
Re: Monterey Subdivision
Final Plat Application
Dear Narda:
Monday, March 05, 2001
MAR 16 2001
fbRa0.
Preliminary Plat was waived on July 21, 2000, with the following conditions.
1. That the final plat will comply with the development standards of the RA-1 zoning district
and shall be in substantial conformance with the proposed preliminary plat.
CONDITION 1 HAS BEEN MEET
2. That existing structures be indicated on the final plat and comply with the zoning setbacks of
the RA-1 district.
HOUSE AND GARAGE ARE ON FACE OF PLAT
3. That a letter from the City of Kalispell Fire Department be obtained stating that they have reviewed
and approved the fire access and suppression system for the subdivision.
SEE ENCLOSED LETTER
4. That the driveway to the newly created lot be paved.
CONDITION 4 HAS BEEN BONDED AND WILL BE COMPLETED THIS SPRING
5. That a note be placed on the face of the final plat stating that present and future owners of the lots
within this subdivision waive protest to the creation of a special improvement district for the upgrade
of Fifth Avenue East.
STATEMENT HAS BEEN PLACED ON FACE OF PLAT
6. That a Certificate of Subdivision Approval be obtained from the Department of Environmental
Quality.
SEE ENCLOSED LETTER FROM DEQ
(P)406.755.320S (F)406.755.321 6 PO BOX 1 34 -1 B30 3"O AvE E SUITE 302, KALISPELL,MT. 59901
7. This waiver of preliminary plat approval is valid for three years and shall expire on July 21, 2003.
THIS CONDITION HAS BEEN MEET
The following data is submitted for your review. Two mylar copies, 1 paper copy for filing, 3 blueline
copies, final plat application, health department letter, title report, tax certification, consent to plat, and
subdivision improvements agreement. Should you have any questions, please do not hesitate to contact me.
Thank you. I remain .....
cerely,
0,- ZL;6==
James H. Burton
JHB/jb
Enc.
(P)406.755.3208 (F)406.755.3218 PO SOXI 134 -1 830 3" AVE E SUITE 302, KALISPELL,MT.59901
Montana Department of
� NVMONMENTAL Q
I1 1 Marc Racicot, Governor
P.O. Box 200901 • Helena, MT 59620-0901 • (406) 444-2544 • E-mail: www.deq.state.mt.us
September 11, 2000
JACKOLA ENGINEERING
PO BOX 1134
KALISPELL MT 59903
RE: MONTEREY SUBDIVISION MASTER PLAN
FLATHEAD COUNTY
E.Q. #01-1292
Dear Sir or Madam:
This is to certify that the information and fees received by the Department of Environmental Quality relating
to this subdivision are in compliance with 76-4-127, MCA and ARM 17.36.602. Under 76-4-124, MCA, this
subdivision is not subject to review, and the plat can be filed with the county clerk and recorder.
Plans and specifications must be submitted when extensions of municipal facilities for the supply of water or
disposal of sewage are proposed {76-4-111 (3), MCA}. Construction of water or sewer extensions prior to
approval is prohibited, and is subject to penalty as prescribed in Title 75, Chapter 6 and Title 76, Chapter 4.
Sincerely,
1
Karla D'ry
Coliipllance Specialist
Subdivision Section
Water Protection Bureau
(406) 444-1801 — email kaday@state.mt.us
cc: City Engineer, City of Kalispell
file
Centralized Services Division • Enforcement Division • Permitting & Compliance Division • Planning, Prevention & Assistance Division - Remediation Division
Kalispell
Fire Marshal's Office
336 1$t Avenue East
P.O. Box 1997
Kalispell, Montana 59903-1997
(406) 758-7763
TO: James H. Burton, Jackola Engineering & Architecture
SUBJECT: Plat Approval Waiver- Monterey Subdivision
DATE: March 2 2001
Dear Sirs,
This letter is in response to your request for the plat approval of the proposed Monterey
Subdivision. In review of the proposed plans the Fire Department requires a Fire access
road 20 feet wide minimum, and an approved provision shall also be made for the turn
around of Fire Apparatus. Both of these items are required to be designed and maintained
as such, with a height clearance of 13 feet 6 inches.
If an easement is granted, the turn around does not have to be on said property.
The distance from the Fire Hydrant to said property -building site should be ok.
Respectfully Yours,
John Sturzen
Assisant Fire Marshall
ALLI.AI%NCE
TITLE & ES CROW C D RP.
To: Jackola Engineering & Architecture PC
1830 3rd Avenue East
Kalispell, MT 59901
Attention: Jim Burton
In connection with the above transaction, we enclose:
X Updated Certificate of Plat
Order No.:
Date:
Reference:
Loan No.:
Thank you for giving us the opportunity of serving you.
Alliance Title & Escrow Corp.
By: LN ),\A � (�-
Monica Messick
20603389
June 26, 2001
Marshall
SECURITY UNION
Title Insurance Company
27 0040 047 00162
To the County of Flathead and the City of Kalispell in Montana
SECURITY UNION TITLE INSURANCE COMPANY, a corporation organized and existing under the
laws of the State of California, with its principal office in Pasadena, California, and duly authorized to
insure titles in Montana hereby certifies that from its examination of the public records which impart
constructive notice of matters affecting the title to the real estate described in Schedule A hereof, as of
the 13th day of June, 2001 , at 5 o'clock P.M., the title to the described real
estate was indefeasibly vested in fee simple of record in:
Jon K. Marshall and Jean Marshall, as joint tenants
subject only to the objections, liens charges, encumbrances and other matters shown under Schedule
B hereof.
The maximum liability of the undersigned under this certificate is limited to the sum of $ 5,000.00
This certificate of title is made in consideration of the payment of the premium by the subdivider of the
land and for the use of the County and City above named.
Issued by:
SECURITY TITLE COMPANY
OF FLATHEAD COUNTY
45 Second St. E. - P. 0. Box 879
Kalispell, MT 59903 - 0879
(406) 752 - 7606
SECURITY UNION TITLE INSURANCE COMPANY
y4 � •�
. . . . . . . . . . .
Aukho ized Signature
By:
President
By:
Secretary
PRELIMINARY SUBDIVISION CERTIFICATE OF TITLE (MONTANA)
Reorder Form No. 9095
IM�VURMMJHU no
Order No.: 20603389
COT No.: 27 0040 047 00162
Liability: $5,000.00
Fee: $15400
Effective Date: 06;13�2001
The land referred to in this Guarantee is situated in the State of Montana, County of and
is described as follows:
A Tract of Land located in the Northeast Quarter of the Nor-Itwest Quarter of Section 26.
Township 28 North. Range 21 NVest, Principal Meridian, Montana, Flathead Count),
Alowana and ►pore particularly described as follows:
Commencing at the Northwest corner of Parcel A of Certificate of Survey Mpber 2819.
records of Flathead County and which point Ties on the East I2ight-of-t` Iv boundary of
Fifth Avenue East and which point is the True Point of Beginning; thence
North 76°46'16" East, on and along the North boundary of saki Parcel A, a distance of.
216-08 feet to a found W re -bar and which point is the Northeast corner of said Parcel
A; thence
South 00°0417" East, on and along the East boundary of'said Parcel A, a distance: of 10315
feet to a found 08" re-har and which point is the Southeast corner of said Parcel .A;
thence
South 76`57'40" West, on and along the South boundary of said Parcel A. a distance of
19137 feet to a found M re -bar and which point N the Southwest corner of said Parcel A
and which point also lies on said East Wght-of-Way boundary of Fifth Avenue Fasu
thence
North 13`21'00" West, on and along said East Right -of -Way boundary a distance of 99.90
feet to the True Point of Beginning.
This Tract contains OA70 ,Acres (20.470 S.F.) and subject to and together with a 204mo ,
private road and utility easement as shown hereon and subject to and together mith all
appurtenant easements of record.
The above described Tract of Land shall be known as "Plat of Nionterev Subdivision."
END OF SCHEDULE A
Order No.: -1060113819
COS No.: 27 0040 047 00162
EXCEPTIONS:
1. Taxes, including any assessments collected therewith, for the year 2001 which are a lien not
yet payable.
2. Taxes, Charges and Assessments not yet certified to the County for collection.
3. Except liability as to all minerals in or under said land including but not limited to metals, oil,
gas, coal, stone, and mineral rights, mining rights and easement rights or other matters
relating thereto whether expressed or implied.
4. Terms, provisions, covenants, conditions, definitions, obligations, reservations and
restrictions, contained in Document: Warranty Deed
Purpose: a 15 foot wide Road and Utility Easement over said parcel
Recorded: August 31, 1976
Instrument No.: 9654 in Book 601 Page 725, of Official Records.
5. An easement for the purpose shown below and rights incidental thereto as set forth in a
document.
Granted to: Lois James.
Purpose: a 15 foot wide easement.
Recorded: September 17, 1974.
Instrument / File No. 9087 in Book 573 Page 238, of Official Records.
6. Terms, provisions, covenants, conditions, definitions, obligations, reservations and
restrictions, contained in Document: Grant Deed
Purpose: The grantors reserve a road and utility easement over the above described property
together with the right to grant said easement to others.
Recorded: August 31, 1976
Instrument No.: 9653 in Book 602 Page 738, of Official Records.
Terms, provisions, covenants, conditions, definitions, obligations, reservations and
restrictions, contained in Document: Easement in Warranty Deed
Granted to: Patrick M. Woolard and Nina J. Woolard, husband and wife
Purpose: easement for ingress and egress disclosed by instrument recorded in Book 573 at
page 238, records of Flathead County, Montana. (Discrepancy in Date of Document)
Recorded: June 13, 1977
Instrument No.: 9394 in Book 619 Page 747, of Official Records.
Terms, provisions, covenants, conditions, definitions, obligations, reservations and
restrictions, contained in Document: Reservation in Warranty Deed
Granted to: Patrick M. Woolard and Nina J. Woolard, husband and wife
Purpose: RESERVING unto the Grantor an easement 15 feet in width across the above -
described property for ingress and egress along the existing roadway. (Discrepancy in Date of
Document)
Recorded: June 13, 1977
Instrument No.: 9394 in Book 619 Page 747, of Official Records.
9. Terms, provisions, covenants, conditions, definitions, obligations, reservations and
restrictions, contained in Document:
Purpose: Resolution No. 4239 of The City of Kalispell by including therein, as an annexation,
to be known as Marshall Addition No. 269; to zone said property Low Density Multi -Family
Residential, RA-1, to Amend The City Zoning Map accordingly and to declare an effective
date.
Recorded: December 1, 1995
Instrument No.: 95-335-1037-0, of Official Records.
10. An unrecorded Contract of Sale, providing for the sale of said land.
Dated: October 18, 1999.
Vendor: Jon K. Marshall and Jean Marshall.
Vendee: Gregory Dalerio.
Disclosed: Abstract of Contract for Deed AND Notice of Purchasers' Interest.
Recorded: October 26, 1999.
Instrument No.: 1999-299-1339-0, of Official Records.
11. Certificate of Owner: "I hereby certify that this division of land is exempt from review by the
Department of Environmental Quality pursuant to Section 17.36.603 (1)(a-d), which states
"A Subdivision is excluded from Subchapters 1 and 3 of this Chapter, is not subject to
Sanitary Restrictions, and can be filed with the County Clerk and Recorder without
department review when all the following conditions are met: (a) The Subdivision is located
totally within a master planned area adopted pursuant to Title 76, Chapter I, MCA. (b) The
local governing body has certified to the Department that municipal services for water
supply, sewage and solid waste disposal shall be provided within one year after Notice of
Certification is issued. (c) Notice of certification must be forwarded to the Department in
accordance with 76-4-127, MCA. (d) The required Lot fees as determined in Subchapter 8
of this Chapter have been submitted to the Department."
12. Utility Easement Certificate: "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."
13. Easements, reservations, restrictions, notes and/or dedications as shown on the official plat of
i!nrc:corded fiat <>('MonLerw SUbdivisloll.
14. No search has been made for water rights or unpatented mining claims and liability thereon is
excepted from this certificate.
15. The property described is located in the Kalispell Fire District.
END OF SCHEDULE B
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CONSENT TO PLAT
We, the undersigned, JON K. AND JEAN MARSHALL, do hereby consent
to the platting of the real property described as "MONTEREY
SUBDIVISION", attached hereto, and by this reference made a part
hereof.
r
JON K. MARSHALL
STATE OF MONTANA )
SS
County of Flathead )
JEAN/ RSHALL
On this _I =__ day of __ _>l'______ _______, 200/, before me, the
undersigned, a Notary Public for of Montana, personally
appeared Jon K. & Jean Marshall , husband and wife and known to me to
be the persons who subscribed their names to the within instrument and
ackno-,ledged to me that they executed the same.
/-
Notary Public for the State of/dv
Residing at ---�`—xN
My Commission Expires __--
PLAT ROOM
FLATHEAD COUNTY, MONTAN&
800 S. MAIN
]KALISPELL, MT 59901
(406) 758-5510
THIS FORM IS FOR SUBDIVISIONS AND CONDOMINIUMS ONLY
BY: gu F---F C> tj
FOR: DA L- F- P 'C)
DESCF: SUEE5r_)
T V_ 0 F- A g D Al 2-C) -2&-2I
NMI
ASSESSOR *
1992 THRU jqqcC) 2C) I ?, 10
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DATE: --1- 2-0-00
FURPOSE: FL_4,:T
certify that
ce� I C&
are
there -r- no
outstanding ta-e- on the
j �j
property assigned
the assessor
numbers
listed above, for the years -
indicated
for each assessor
number.
A
D.1U TREASURER
SEAL 4A " 6