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Resolution 4489/Preliminary Plat19fi4' RESOLUTION NO, 4489 A RESOLUTION CONDITIONALLY APPROVING THE PRELIMINARY PLAT OF VILLAGE PLAZA SLT}3DIVI$IDN, LOCATED ON THE NORTHEAST CORNER OF WEST EVERGREEN DRIVE AND WHITEFISH STAGE ROAD, AND AS MORE PARTICULARY DESCRIBED IN EXHIBIT "A", AND TO DECLARE AN EFFECTIVE DATE. WHEREAS, George Schulze, the owner of certain real property described in Exhibit "A", has petitioned for approval of the Subdivision Platof said property, and WHEREAS, the proposed subdivision plat of said property is subject to the provisions of Section 2.05 (Preliminary Plat Process -Minor Subdivision) Subdivision Regulations of the City of Kalispell, and WHEREAS the Flathead Regional Development Office has reviewed the proposed subdivision and made a report (#KSR 99-2) to the City Council of the City of Kalispell, said report considering the criteria set forth in Section 76-3-608, MCA, and WHEREAS, the City Council of the City of Kalispell at its regular Council Meeting of May 3, 1999, reviewed the FRDO Report #KSR 99-2, 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 I. That the Findings of Fact contained i n Flathead Regional Development Office Report #KSR 99-2, are hereby adopted as the Findings of Fact of the City Council. SECTION II. That the application of George Schulze, the owner of certain real property described on Exhibit "A" is hereby approved subject to the following conditions: 1. That the development of the site will be in substantial conformance with the approved preliminary plat which shall govern the general location of the lots and accesses. 2. That this property be annexed into the North Village Sewer District or that some other acceptable arrangement be made to provide public sewer service to the subdivision which is mutually agreeable to the District and the Kalispell Public Works Department. 3. That all improvements for the subdivision shall be designed and constructed in compliance with the City of Ka].ispell's Design and Construction Standards for local streets. Certification from an engineer licensed in the State of Montana shall be submitted with the final plat stating that all of the improvements have been constructed accordingly. E 196� 6. That a letter be obtained from the Evergreen Water and Sewer District sating that the plans and specifications for the water facilities have been reviewed and approved by the district and that service will be provided. 7. A letter from the Kalispell Public Works Department shall be obtained which states that a storm wader drainage plan which addresses storm water management has been reviewed and approved. $. That sidewalks be constructed on the side of the new unnamed street serving the subdivision. Sidewalks shall be separated by a five foot landscape boulevard and the placement of street frees shall be coordinated with the City Parks and Recreation Department. 9. That approach permits be obtained from the Flathead County Road Department for the locations of driveways along West Evergreen Drive and Whitefish Stage Road for the new internal subdivision road and any required conditions be met prior to final plat approval. 10. That a note be placed an the face of the plat stating that no lot shall obtain individual access from either Whitefish Stage Road or West Evergreen Drive and cross easement be noted on the face of the plat which grants access to the internal lots, Lots 3 and 2, through Lots 1, 3 and 4 or a cross easement be filed as a separate document. 11, That a. common mail facility be located for the subdivision and be approved by the local postmaster. 12. That the number and location of fire hydrants within the subdivision be reviewed and approved by the City of Kalispell Fire Department. 13, That any arias disturbed during construction be revegetated with a weed-free mix in accordance with a plan approved by the Flathead County Weed Department. SECTION III. The classification of said premises under the Kalispell Zoning Ordinance shall not be changed by the action. SECTION IV. That this preliminary plat should be effective for three (3) years following passage of this Resolution. SECTION V. That 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 OF THE CITY OF KALISPELL AND SIGNED BY THE MAYOR THIS 21ST DAY OF JUKE, 1999* E x11I B. 17 A DESCRIPTION: A TRACT OF LAND, SITUATEDt LYING, AND BFING IN THE SOUTHWEST QUARTER OF THE SOVMEST QUARTEM OF SECTION 32, TOWNSHIP 29 NORTHO RANGE 21 (PEST, P,XsjXM1 FLAT4.EAD COUNTY, MONTANAo AND MORE PARTICULARL"k , DESCRIBED AS FOLLOWS TO WIT: Comencing at the northwest corner of Section 5, Township 28 North, Range 21 Westj PoKID rM,, Flathead County, Montana; Thence along the north boundary of said Section 5,, S89*5713803 30.00 leer to a found 'iron pin on the aarjterly RJR of a 60 loot county road known as Whitef�.sh Stage Road and TSE TRUE POW of MIMING OF TEM TRACT of LAND rX DISCRIBEDIP Thence along said easterly RAW N00*0'210811W 512b39 feet to OL sit iron piny Thence leaving said A/W M8965710002 237o55 feet to aset 'iron pin and the P.C. of a 120s00 foot radius curve, concave satithwastar"y, having a coontral sngl� of 45 I 031000; Thence along an arc length of 94-35 feet to a set iron pin; Thence S4590010011t 241o23 feet to a set Iran pin and the P.C. of a 120,00" foot radius curvy, concave southwesterly, haling a centra' Vqla of 44"53"1011; Thence along an arc length of 94.01 feet to a set iron girt; Thence 300606150"E 222t62 :yet to a yet iron pin an the northerly R/w of a 67 loot comty road Lnown as Guest Evergreen Drive and the north boundary of Section St Thence along said RAW and a?ong said north boundary N8995713ew 528.20 feet to, the point of beginning andcontaining s.536 ACRES,P -Sub ject to and together with all ippqrteziant easements of record.0 9 i if M