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Staff Report/Final PlatREPORT TO: FROM: SUBJECT MEETING DATE: City of Kalispell Planning Department 17 - 2°d Street East, Suite 211, Kalispell, Montana 59901 Kalispell Mayor and City Council Mark Crowley, Senior Planner James H. Patrick, City Manager Final Plat for Sinopah Subdivision October 3, 2005 Telephone: (406) 751-1850 Fax: (406) 751-1858 Website: kalispellplanning.com BACKGROUND: This is a request for final plat approval of Sinopah Subdivision that plats 16 single-family lots and 8 sublots from 6 parent lots, on approximately 5.49 acres. This subdivision is located between Northwest Lane and Meridian Road, north of Three Mile Drive. Most of the required infrastructure has been completed and constructed in accordance with City standards. The remaining improvements are being addressed with a subdivision improvements agreement and a letter of credit in the amount of 125 percent of those costs totaling $96,640. It is anticipated that the remaining improvements will be completed by November 1, 2005 in accordance with the agreement. Cash -in -lieu of parkland has been submitted in the amount of $7,880 in park improvements is included in the SIA. The subdivision was given preliminary plat approval by the Kalispell City Council on August 2, 2004. Preliminary plat was amended by City Council March 7, 2005 to address the existing homes fronting on Meridian Road. A list of the conditions of preliminary plat approval for this subdivision and a discussion of how they have been met or otherwise addressed is included with the transmittal letter attached. RECOMMENDATION: A motion to accept the subdivision improvements agreement and approve the final plat for Sinopah Subdivision would be in order. FISCAL EFFECTS: Potential positive impacts once developed. ALTERNATIVES: As suggested by the City Council. KFP-05-15 Memo Page 2 Respectfully submitted, Mark Crowley James H. Patrick Senior Planner City Manager Report compiled: September 22, 2005 Attachments: Letter of transmittal Vicinity map Final plat Final plat application and supporting documents 2 City of Kalispell Planning Department 17 - 2"d Street East, Suite 211, Kalispell, Montana 59901 Telephone: (406) 751-1850 Fax: (406) 751-1858 Website: kalispellplanning.com September 22, 2005 Mr. James Patrick, City Manager City of Kalispell P.O. Drawer 1997 Kalispell, MT 59901 Re: Final Plat for Sinopah Subdivision Dear Jim: This is a request for final plat approval of Sinopah Subdivision. This major subdivision creates 16 single-family lots and 8 sublots from 6 parent lots, on approximately 5.49 acres. The property is located between Northwest Lane and Meridian Road, just north of Three Mile Drive. Preliminary plat for this subdivision was granted by the City Council on August 2, 2004. Preliminary plat was amended by City Council March 7, 2005 to address the existing homes fronting on Meridian Road. Condition #4 was amended to allow those two homes to remain. A Subdivision Improvements Agreement in the amount of $96,640 has been submitted to secure completion of the remaining improvements which consists primarily of the water, sewer and utility work as well as road construction and paving. The letter of credit addresses 125% of the estimated cost of remaining improvements. The estimated completion date is November 1, 2005. The preliminary plat was approved with 17 conditions as outlined below. The following is a discussion of compliance with each of these conditions as well as findings of compliance with the City subdivision regulations and zoning ordinance. COMPLIANCE WITH CONDITIONS OF APPROVAL: Condition No. 1 Development of the subdivision shall be platted in substantial compliance with the approved preliminary plat which governs the location of lots and roadways within the subdivision. (Kalispell Subdivision Regulations, Appendix C - Final Plat) . 0 This condition has been met. The lots have been platted as approved. Condition No. 2 That the plans and specifications for all public infrastructure be designed and installed in accordance with the Kalispell Design and Construction Standards and a letter shall be obtained stating that they have been reviewed and approved by the Kalispell Public Works Department. (Kalispell Subdivision Regulations, Chapter 3, Design Standards, Section 3.01). ® This condition has been met. Attached is a letter from the Kalispell Public Works Department dated April 22, 2005 that approves the water and sewer construction plans. Condition No. 3 That an easement shall be obtained and recorded from the property owner to the west granting access across the property for utility extension purposes. (Kalispell Subdivision Regulations, Section 3.08 (A)). ® This condition has been adequately addressed. The original easement was submitted to this office. Condition No. 4 The existing approaches onto North Meridian Road be maintained until such time as there is a redevelopment of the property wherein a revised access plan may be considered. ® This condition has been met. This condition has been addressed in condition # 13 of the Covenants filed with this subdivision. These two lots should be required to consolidate their approaches onto Meridian Road as they redevelop. Condition No. 5 The following requirements shall be met per the Kalispell Fire Department: Kalispell Subdivision Regulations, Section 3.20). a. Water mains designed to provide minimum fire flows shall be installed per City specifications at approved locations. Minimum fire flows shall be in accordance with Uniform Fire Code (1997) Appendix III -A. b. Fire hydrants shall be provided per City specifications at locations approved by this department, prior to combustible construction. Additional design information shall be submitted for approval by this department. c. Fire Department access shall be provided in accordance with Uniform Fire Code (1997) Article 9. d. Secondary emergency access shall be addressed during project phasing as required by this department. e. Emergency vehicle access to the existing 3 structures is indicated via an existing wooden bridge. More information is required related to the adequacy of the bridge structure to support fire apparatus. f. Due to project phasing it should be noted that hazardous weed abatement shall be provided in accordance with City of Kalispell Ordinance 10-8. ® This condition has been met. Attached is a letter from the Acting Deputy Fire Marshall dated March 26, 2005 that approves the plans. Condition No. 6 That a letter be obtained from the Kalispell Parks and Recreation Director approving a landscape plan for the placement of trees and landscaping materials within the five foot landscape boulevard developed between the curb and the sidewalk. (Kalispell Subdivision Regulations, Section 3.11). ® This condition has been met. Attached is a letter from the Kalispell Parks 8, Recreation Department dated September 13, 2005 that approves the landscaping plans. The installation of the trees and landscaping is included in the SIA. Condition No. 7 That cash in lieu of parkland shall be accepted in the amount of $7,880 to meet the parkland dedication requirement based on 11 percent of the area in lots or .47 acres at a value of $17,000 per acre. An attempt shall be made to coordinate a plan reviewed and approved by the City of Kalispell Parks and Recreation Department and School District 5 that provides improvements to the ball field that lies directly to the west of this property. (Kalispell Subdivision Regulations, Section 3.19). ® This condition has been met. A check in the amount of $7,880 has been submitted with this application. Condition No. 8 The roads within the subdivision shall be named and signed in accordance with the policies of the Kalispell Public Works Department and the Uniform Traffic Control Devices Manual and be subject to review and approval of the Kalispell Fire Department. (Kalispell Subdivision Regulations, Section 3.09). ® This condition has been met. Street signs are included in the SIA. Condition No. 9 The developer shall provide a letter from the U.S. Postal Service approving the plan for mail service. (Kalispell Subdivision Regulations, Section 3.22). ® This condition has been met. Attached is a letter from the U.S. Postal Service dated May 20, 2005 that approves the plans. Condition No. 10 Street lighting shall be located within the subdivision and shall be shielded so that it does not intrude unnecessarily onto adjoining properties. (Kalispell Subdivision Regulations Section 3.09(L)). • This condition has been met. Street lighting is included in the SIA. Condition No. 11 All utilities shall be installed underground. (Kalispell Subdivision Regulations, Section 3.17). ® This condition has been met. All utilities are designed and constructed underground. Condition No. 12 That a minimum of two-thirds of the necessary infrastructure for this subdivision shall be completed prior to final plat submittal. ® This condition has been met. The engineer has certified that over 2/3 of the necessary infrastructure has been completed. Condition No. 13 All areas disturbed during development of the subdivision shall be re -vegetated with a weed -free mix immediately after development. • This condition has been met. Seeding of disturbed areas is included in the SIA. Condition No. 14 Lot lines shall be shifted east a minimum of 10 feet to accommodate the required 15 foot side corner setback or else replaced with single family lots. ® This condition has been met. The lines have been shifted to the east. Condition No. 15 A note shall be placed on the face of the plat waiving protest to the creation of a special improvement district for the future upgrade of Northwest Lane to City standards. ® This condition has been met. The note appears on the plat. Condition No. 16 A note shall be placed on the face of the plat designating the lots within the subdivision as being intended for single family dwellings other than those identified on the preliminary plat as being intended for two unit townhouse development. ® This condition has been met. The note appears on the plat. Condition No. 17 That preliminary plat approval shall be valid for a period of three years from the date of approval. (Kalispell Subdivision Regulations, Section 2.04). • This condition has been met. The preliminary plat was granted August 2, 2004. The final plat is in compliance with the preliminary plat which was submitted and approved. This subdivision plat has been found to be in compliance with the State and City Subdivision Regulations. This subdivision complies with the Kalispell Zoning Ordinance, the R-2 zoning, and the conditional use permit granted earlier this year. z1*6100 I jj All of the conditions of preliminary plat approval have been adequately addressed. The staff recommends that the Kalispell City Council approve the final plat for this subdivision. Please note that the Subdivision Improvements Agreement should be accepted along with the final plat approval. Please schedule this matter for the October 3, 2005 regular city council meeting if possible. You may call me at 751-1850 if I can be of assistance to you regarding this matter. Sincerely, Mark Crowley Senior Planner Attachments: Vicinity map 1 opaque mylar of final plat 1 reproducible mylar of final plat 1 blueline of final plat Letter from Marquardt 8s Marquardt dated 9/ 12/05 Final plat application dated 9 / 9 / 05 City Resolution #4917 -Conditions of preliminary plat approval City Res. #4985 - Amd Conditions of preliminary plat approval Letter from Kalispell DPW dated 4/22/05 Sewer Main Easement dated 9/ 12/05 Letter from Kalispell Fire Department dated 3/26/05 Letter from Kalispell Parks 8v Recreation Dept. dated 9/ 13/05 Memo from Carver Engineering with plan dated 9/22/05 Letter from U.S. Postal Service dated 5/20/05 Letter from MDEQ dated 5/ 10/05 Title report #H358902 dated 9/ l/05 Treasurer's certification dated 9/02/05 Consent to plat dated 9/06/05 Covenants 11 x 17 copy of final plat Subdivision Improvements Agreement dated 9/9/05 Irrevocable Letter of Credit from Whitefish Credit Union dated 9/12/05 c: Marquardt & Marquardt, Inc., 285 First Avenue EN, Kalispell, MT 59901 Jeffrey and Karen Thiesen, 789 Fifth Avenue WN, Kalispell, MT 59901 Theresa White, Kalispell City Clerk Return to: Theresa White Kalispell City Clerk P.O. Box 1997 Kalispell, MT 59903 SUBDIVISION IMPROVEMENT AGREEMENT THIS AGREEMENT, made and entered into this day of , 200 by and between the CITY COUNCIL, CITY OF KALISPELL, MONTANA, Party of the First Part and hereinafter referred to as the CITY, and JEFFREY H. THIESEN a.k.a. JEFF THIESEN & KAREN J. THIESEN, a.k.a. KAREN THIESEN located at 789 Fifth Ave. WN, Kalispell, MT 59901, 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 SINOPAH SUBDIVISION located at 1270 & 1288 N. Meridian Rd. and 121 & 125 Northwest Ln. Kalispell, Montana and, WHEREAS, the City has conditioned it's approval of the final plat of SINOPAH SUBDIVISION, upon the conditions as set forth in the Preliminary Plat of the Subdivision being completed and all improvements, as cited in "Exhibit A" have not been completed at this time, and the Developer wishes to bond for the completion of those improvements set forth in "Exhibit A"; and WHEREAS, the City's Subdivision Regulations require that a subdivider shall provide a financial security of 125% of the estimated total cost of construction of said improvements as evidenced by an estimate prepared by a licensed public engineer included herewith as "Exhibit B"; and WHEREAS, the estimated total cost of construction of said improvements is the sum of $77,312.00. 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 $96,640.00. 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 $96,640.00 the estimated cost of completing the required improvements in SINOPAH SUBDIVISION. b. That if the Developer fails to complete the specified improvements within the required period, the creditor will pay to the City immediately, and without further action, such funds as are necessary to finance the completion of those improvements up to the limited of credit stated in the letter; 2. That said required improvements shall be fully completed by November 1, 2005. 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 one (1) year 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. F Y/i. THIESEN E� a..a. JEFF THIESEN STATE OF MONTANA ) ss. County of Flathead KAREN J. THEC18EN a.k.a. KAREN THIESEN This instrument was acknowledged before me on 2 , 200:a by Jeffrey H. Thiesen, a.k.a. Jeff Thiesen and Karen J. Thiesen, a.k.a. Karen Thiesen. s s.:utit�nrrrrt Printed Name ,,t,,). 0, Notary Public for the State of Montana Residing at My Commission Expires aO-aCt�sl .�, . _ -> MAYOR, CITY OF KALISPELL ATTEST: MAYOR FINANCE DIRECTOR _ 2851stAVE, E,N. �1�/1�.a rq u a rdt & KALISPELL, MONTANA 59901 (406) 755-6285 a rq u a rd t fax (406) 755-3055 rwurveying, Inc. September 12, 2005 Cit of Kalispell Planning Department 17 Second St. East Suite 211 Kalispell, MT 59901 Re: Sinopah Subdivision, Sections 1, Township 28 North, Range 22 West, P.M., M., Flathead County, Montana. Enclosed is the Final Plat application for Sinopah'Subdivision.- Preliminary plat approval was granted on August 2, 2004. The conditions of approval have been met as follows': 1. Development of the subdivision shall be platted in substantial compliance with the approved preliminary plat which governs the location of lots and roadways within the subdivision. (Kalispell Subdivision Regulations, Appendix C — Final Plat) The final plat is in compliance with the approved preliminary plat except as modified by these conditions and Resolution 4985, approved by the City Council March 7, 2005. A Subdivision Improvement Agreement is enclosed. 2. That the plans and specifications for all public infrastructurebe designed and installed in accordance with the Kalispell Design and Construction Standards and a letter shall be obtained stating that they have been reviewed and approved by the Kalispell Public Works Department. (Kalispell Subdivision Regulations, Chapter 3, Design Standards, Section 3.01) A letter from Kalispell Public Works is enclosed. 3. That an easement shall be obtained and recorded from the property owner to the west granting access across the property for utility extension' purposes. (Kalispell Subdivision Regulations, Section 3.08 (A)). A letter from the Kalispell Public Schools Superintendent is enclosed. 4. Resolution 4985 amended this condition as follows: The existing approaches onto North Meridian Road be maintained until such time as there is a redevelopment of the property wherein a revised access plan may be considered. This condition has been addressed in the Statement of Covenants for the subdivision, covenant #13. 5. The following requirements shall be met per the Kalispell Fire Department: (Kalispell Subdivision Regulations, Section 3.20) a. Water mains designed to provide minimum fire flows shall be installed per City specifications at approved locations. Minimum fire flows shall be in accordance with Uniform Fire Code (1997) Appendix III -A. b. Fire hydrants shall be provided per City specifications at locations approved by this department, prior to combustible construction. 'Additional design information shall be submitted for approval by this department. C. Fire Department access shall be provided in accordance with Uniform fire Code (1997) Article 9 d. Secondary emergency access shall be addressed during project phasing as required by this department. e. Emergency vehicle access to the existing 3 structures is indicated via an existing wooden bridge. More information is required related to the adequacy of the bridge structure to support fire apparatus. f. Due to project phasing, it should be noted that hazardous weed abatement shall be provided in accordance with City of Kalispell Ordinance 10-8. A letter from F. Ray Ruffatto, Acting Deputy Fire Marshall, is enclosed. 6. That a letter be obtained from the Kalispell Parks and Recreation Director approving a landscape plan for the placement of trees and landscaping material within the five foot landscape boulevard developed between the curb and the sidewalk. (Kalispell Subdivision Regulations, Section 3.11) The developer has enclosed a Subdivision Improvement Agreement and is working with the Kalispell Parks and Recreation Director for the placement of trees and landscaping. 7. _ That cash in lieu of parkland shall be accepted in the amount of $7,880.00 to meet the parkland dedication requirement based on 11 percent of the area in lots .47 acres at a value of $17,000 per acre. An attempt shall be made to coordinate a plan reviewed and approved by the City of Kalispell Parks and Recreation Department and School District 5 that provides improvements to , the ball field that lies directly to the west of this property. (Kalispell Subdivision Regulations, Section 3.19) A check in the amount of $7,880.00 for cash in lieu of parkland is enclosed. S. The roads within the subdivision shall be named and signed in accordance with the policies of the Kalispell Public Works Department and the Uniform Traffic Control Devices Manual and be subject to review and approval of the Kalispell Fire Department. (Kalispell Subdivision Regulations, Section 309) The streets have been designed to be in compliance with Kalispell Subdivision Regulations, Section 3.09. _ 9. The developer shall provide a letter from the U.S. Postal Service approving the plan for mail service. (Kalispell Subdivision Regulations, Section 3.22). The U. S. Postal Service has approved mail service. 10. Street lighting shall be located within the subdivision and shall be shielded so that it does not intrude unnecessarily onto adjoining properties. (Kalispell Subdivision Regulations, Section 3.09(L)). Street lighting has been designed to comply with this condition. 11. All utilities shall be installed underground. (Kalispell Subdivision Regulations, Section 3.17). All utilities will be installed underground. 12. That a minimum of two-thirds of the necessary infrastructure for this subdivision shall be completed prior to final plat submittal. Prior to final plat two-thirds of the necessary infrastructure will be in place: 13. All areas disturbed during development of the subdivision shall be re -vegetated with a weed -free mix immediately after development. The disturbed areas will be reseeded with a weed -free mix. 14. Lots!Aand-22 lines shall be shifted east a minimum of 10 feet to accommodate the required 15 foot side corner setback or else replaced with single family lots. The lots comply with the required 15-foot side corner setback. 15. A note `shall be placed on the face of the plat waiving protest to the creation of a special improvement district for the future upgrade of Northwest Lane to City Standards. The note has been placed on the final plat. 16. A note shall be placed on the face of the plat designating the lots within the subdivision as being intended for single family dwellings other than those identified on the preliminary plat as being intended for two unit townhouse development. The note has been placed on the plat. 17. That preliminary plat approval shall be valid for a period of three years from the date of approval. (Kalispell Subdivision Regulations, Section 2.04). The final plat is being submitted with the allotted time limit. If you have any question please do not hesitate to call our office. Sincerely, Debbie Shoemaker Marquardt & Marquardt Surveying, Inc. OC"I'-11-2004 Mice[ 01:14 PM TRI 011'Y PLANNING PAX 140, 406 751 1858 P, 01 RESOLUTION NO. 49 17 A RE SOLUTION CONDITIONALLY APPROVING THE PREIDS WNARY PLAT OF SINOPAH SUBDIVISION, MORE PARTICULARLY DESCRIBED AS LOTS,13� 14,15,27, 28,1 AIND 29� BLOCK 1 NORT-M'EST TRACTS, A PLATTED SUBDIVISION IN SECTION 1, TOWNSHIP 28 NORTH, RANGE 22 WEST, P,M.M., FLAMEAD COUNTY, HE AS, Jeff and Karen Thiesen, the owners of the certain real property described above have Petitioned for approval of the Subdivision Plat of said P;epff, ty, and WHEREAS, the Kalisp6l] City Planning Board and Zoning Commission held a public hearing on Jaly 13,2004, on the proposal and reviewed Subdivision Roport#KPP-04-9 issued by the Tri-City Plaiming Office, and, WHEREAS, the Kalispell City Planning Board and Zoning Commission has recommended kpproval of the Preliminary Plat ofSiDopah Subdivision, subject to certain conditions and recommendations, and WHEREAS., the City Council of the City of Kalispell at its regular Council Meeting of August 2, 2004, reviewed the Tri-City Planning Office Report #KPP-04-9, reviewed the rcoominendations of the Kalispell City Planning Board and Zoning Commission, and found frorp the Preliminary Plat, and evidence, that the subivision is in the public interest. NOW THEREFORE, 13E IT RE -SOLVED BY THE CITY COUNCTL OF THE C-ITY Y,kLISPELL, MONTANA AS FOLLOWS: SECTION I.. That the Findings of Fact contained in Tri-City Planning Office Report #K.PP-04-9 are hereby adopted as the Findings of Fact of the City Council. SECTION 11, That the application of the Thiesens for approval of the Preliminary Plat of Sinopah Subdivision, Kalispell, flathead County, Montana, is hereby approved subject to the following conditions: 1. Development of the subdivision shall be platted in substantial compliance with the approved preliminary plat which governs the location of lots and roadways within the subdivision, (Kalispell Subdivision Regulations, Appendix C — Final Plat) 2. That the plans and specifications for all public infrastructure be designed and installed in accordance with the Kalispell Design and Construction Standards and a letter shall be obtained stating that they have been reviewed and approved by the Kalispell Public Works Department. (Kalispell Subdivision Regulations, Chapter 3, Design Standards, Sectio-n 3.01). 0 1 T'� -7� rl 0 "1) T- 111-2HF-41 004 0 1 : 14 PM TR I PLANNING FAX HO� 406 751 1868 r, Clefrl 3, That aii easement shall be obtained and recorded front the property owner to the westgranting. access across the property for utility extensio,-i purposes. (Kalispell Subdivision Regulations, Section 3,08(A)). 4, Thar a minimum "5 6-foot buffer strip shall be e . s . ta i b , li . s , hed be , tween North Meridian Road and the subdivision u indicated on the plat and buffering in the fbrin�ofb- it rung or landscaping orbotli shall be established. 5. The. following:' requirements shall be met per the Kalispell Fire Depaftment: (Kalispell Subdivision Regulations, Section 120) a. Wat:4 inaias desiped to provide minimilm dire flows shall be installed per City specifications at approved locations. Minimum fire flows shall be in accordance with Uniform,Fife Code (1997) Appendix M-A. I b. Fire hydrants shall be -provided per. City specifications at locations approved by this department, prior to combustible construction. Additional design inforination shall be submitted for approval by this departnit,-rit. C. Fi-re De�artaienr access slia-11 be provided in accordance with UT4iform Fire Code (.1997) Articls 9, 1 d, Secondary emergency access shall,be addresspd during project phasing as required by this department. e. Emergency ve�icle access to the existing I structures is indicated via an C.XIs'.I-JIg wooden bridge— Nfoie infoi-oration is required related to the adequacy of the bridge stnicnare, to support fire apparatus. f Due to project, phasing, It should be nom.d that hazardous weed abatement shall be provided in accordance with City of Kalispell Ordinance 10-8, 6. That a letter' be obtained from the. Kalispell Parks, and Recreation Director approk-ing a landscape plan for the placerrient of trees and landscaping materials within the five foot la ndscape boulevard developed between the c,,!xb and the sidewalk. (Kalispell Subdivision Regulations, Section 3,10 7. That cash in lieu of parkland shall be accented it1 th ourit of $7,980 to meet the parkland 11 11-8 a---m- dedication requirement based on 11 percent of the area in lots or.47 acres at a value 011317,000 p ' e.e acre. An attempt shall be made to coordinate a plan reviewed and approved by the City of Kalispell Parks and Recreation Department and School District 5 that provides improvements to the ball field that lies directly r6 the west of this property. (Kalispell Subdivision Regulations, Section 3.19). 8. The reads within the, subdivision shall be narned and signed in accordance with the policies of the Kalispell Public Works Department and the Uniform Traffic Control Devices Manual and be subject to review and approval of the Kalispell Fire Department. (Kalispell Subdivision Regulations, Section 3.09). 9, Thc� developer shall provide a letter from the U.S. Postal Service approving the plan for mail service. (Kalispell Subdivision Regulations, Section 3,22). C)G-T- I 1 -2001 MON 01 :1 IF- PM TR I CITY FILANHHNG FAX. K 406' 751 1868 P, . T-1 I ' 10, keet ligrliting shall be located within the subdivisiori and shall be sirrielded so that it does not inmide unnecessarily onto adjoining properties. (Kalispell Subdivisions Regulatibns, Section 109Q). it. All utilities shall be installed -un&,FgTo-and. (Kalispell 11",abdivision Regulations. Section 33.17- !2. That a minimum of two-thirds of the necessary infrastructure foV this subdivision shall be completed prior to final plat submittal. 13, All areas disturbed elaTilig development of the subdivision, shall be m-,,egetatud xith a wced- fi�e, mix ii-quiedlattly after development. 14, Rocs 1 A I i T-s es shah be shi fteO east a -minimm o f 10 feet to a ccoi:aniodate flhe required 15 fbot side come', setbaok or else re -placed with single family lots. 15), &-n—Ote a speCial i MR,-gy1ment d i kLn t for t1bture_ upode _2f Northwest L,4n e 12-Lity Sttm lards 6, A note shall be placed on the fice, of the plat designating the loos within the subdivisibn as being intended other than those identified on theprelirninary plat as being intended for two unit townhouse developmran't. 1'7', That prehininary plat approval shall be valid for a period of three 'y0,vs lh-orn the date of approval. (Kalispp-111 Subdivision Regulations, Section 2,0), SE, _CTION 1. Upon proper rtv`cvw and film;of the Final Plat of said subdivisiop in the office of tho Flwhe ad. Count), Clerk and Record-.i`, said. preinises shall be a subdivision of the City of Kalispell. PASSED AND APPRID-1VED BY THE CITY COUNCU-AND SIGNED BY THE MAYOR. OF THE CITY OFIKkLISPELL, THIS 2NTD DAY OF ATTEST: 11-tvezre-s-a�ite, City Cl,-rk A RESOLUTION APPROVING CERTAIN REVISIONS TO THE PRELIMINARY PLAT FOR SINOPAH SUBDIVISION, MORE PARTICULARLY DESCRIBED AS LOTS 13,14, 15, 27, 28, AND 29, BLOCK I NORTHWEST TRACTS, A PLATTED SUBDIVISION IN SECTION 1, TOWNSHIP 28 NORTH, RANGE 22 WEST, P.M.M., FLATHEAD COUNTY, MONTANA. WHEREAS, the City Council of the City of Kalispell passed Resolution 4917 on August 2,2004, approving the preliminary plat for Sinopah Subdivision, subject to certain conditions, and WHEREAS, the Developer now desires to have the City Council of the City of Kalispell consider certain revisions to the preliminary plat and is being asked to approve, disapprove or conditionally approve the proposed revisions to the preliminary plat, and WHEREAS, on February 7, 2005, the City Council of the City of Kalispell passed Resolution 4974, a Resolution of Intention to consider said revisions to the Preliminary Plat and set a public hearing for March 7, 2005, and WHEREAS, notice of the resolution of intention was provided pursuant to MCA 7-2-4312 by publishing such notice on February 20 and February 27, 2005, as provided in MCA 7-1-4127; and WHEREAS, the City Council of the City of Kalispell at its regular Council Meeting of March 7, 2005, took public comment and found from the evidence that the revisions to the preliminary plat of Sinopah Subdivision are in the public interest. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF KALISPELL, AS FOLLOWS: SECTION 1. That the conditions on the Preliminary Plat of Sinopah Subdivision are hereby amended as follows: 4. The existing approaches onto North Meridian Road be maintained until such time as there is a redevelopment of the property wherein a revised access plan may be considered. SECTION 11. All other conditions not amended herein remain the same. PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF THE CITY OF KALISPELL, THIS 7TH DAY OF MARCH, 2005. Pamela B. Kennedy ATTEST: Mayor Theresa White City Clerk -� City of Kalispell Public Works Department Post Office Box 1997- Kalispell, Montana 59903-1997 - Telephone (406)758-7720, Fax (406)753-7531 1W April 22, 2005 Walter M. Lauder, Environmental Engineer Specialist Public Water Supply Section Public Water and Subdivisions Bureau 100 Cooperative Way, Suite 105 Kalispell, Mt. 59901-2389 Re: Sinopah Subdivision Kalispell, Montana Dear Max, This letter is to confirm that the City of Kalispell has reviewed and approved the construction plans and specifications prepared by Carver Engineering, Inc., for the referenced project. The Kalispell water distribution and sanitary sewer system has adequate capacity to serve the project. Please feel free to call if you have any questions. Sincerely, r' Frank Castles, P.E. Assistant City Engineer cc: Carver Engineering., Inc. KALISPELL PUBLIC SCHOOLS 233 1st Ave. East - Kalispell, Montana 59901 SUPERINTENDENT (406) 751-3434 Fax (406) 751-3416 ASST. SUPERINTENDENT (406) 751-3444 June 18, 2004 BUSINESS OFFICE (406) 751-3445 Fax (406) 751-3425 Andrew J. Hyde TRANSPORT/MAINTENANCE Carver Engineering (406) 751-3404 1995 .3 Ave. East SPECIAL SERVICES Kalispell, MT 59901 (406) 751-3408 Re: Sewer Eastment Request on Junior High School Property Dear Mr. Hyde, This is to acknowledge your letter of June 10, 2004. We are in agreement with your terms. I am pleased that we were able to come to some mutually agreeable conditions. Sincerel Darlene Schottle, Ed.D. Superintendent Cc: Chuck Cassidy, Transportation & Maintenance Director, S.D.95 The undersigned, FLATHEAD COUNTY SCHOOL DISTRICT NUMBER 5, 233 1st Ave East, Kalispell, MT 59901, herein referred to as Grantor, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, hereby grant, bargain, sell, transfer and convey to the CITY OF KALISPELL, an incorporated city of the first class organized and existing under the Laws of the State of Montana, herein referred to as Grantee, their heirs and assigns, the right to install, repair, maintain, alter, replace and operate a sewer main and appurtenances, in, into, upon, over, across, under and through the following described land situated in Flathead County, Montana, which said land and easement are described as follows: Assessor # E032000 An easement on the School District Number Five Junior High School Site in the SE'/4 of Section 1, Township 28N, Range 22W, P.M.M. The easement for the sewer main is twenty (20) feet wide and is centered on the existing sewer main piping crossing the school property near the north end of the practice football field. The approximate location of the sewer main piping is shown on the attached Exhibit A. TO HAVE AND TO HOLD the above described easement unto said Grantee, their heirs and assigns forever, and said easement shall run with and be appurtenant to the above described parcel of land and shall be binding on and shall inure to the benefit of the parties hereto, their heirs, successors or assigns. IN WITNESS WHEREOF, the Grantor has executed this Easement the ` day of September 2005. Name & Title: &KW1 R 0 tke— RD OF TRuST2FZ-'S S STATE OF MONTANA ) COUNTY OF FLATHEAD) ss. On this 1a day of September, 2005, before me personally appeared boll a lc-/ R /ul-r�?.; , known to me to be the person whose name is subscribed to the within instrument and acknowledged t6 me that he/she executed the same. IN WITNESS WHEROF, I have set my hand and affixed my Notarial Seal the day and year first above written. e �" • • Oik r '•. cp seal N1 ' c2 ry, 67 &/' - Notary Public for the State of Montana Residing at T My commission expires -C9 S - -40c .� dlo rc;, C. P',` sch Exhibit A Sewer Main Easement Location NORTHRIDGE "Elm" RY•t3'C p•M' R55tOA E 100.1 ,y 111.5 1 .o $47-11 'E 51.1 A 150A T M.T L IM L�i80)^0 6f•10'£ 511.1 SCHd01-'D1STR1CT NUMBER 1-`VE . I JUNIOR HIGH SCHOOL SITE I 1 I tNH k I� I� I I_ Z Centerline of 20 ft wide e sewer Main Easement Point of Beginning 32 feet '—i-y NwCorner-1 ,snn"' Lot 8, Block i I iAdd'n Sunset Addition ( "R I a I I I i a ' I ~ i I RORTRV£9T TR.CT5 I ( I I I I I ► I I i• RORT"E9T TR5CT5 set..,. CO -ER t Sewer Main Easement location: An easement 20 feet wide centered on the 8-inch diameter sewer main crossing the School District Number Five Junior High School Site, the approximate location of which is described as follows: Commencing at the Northwest corner of Lot 8, Block 1, Sunset Addition, a recorded subdivision in the City of Kalispell, thence northerly along the eastern boundary of Northern Lights Boulevard and western boundary of the School property 32 feet more or less to a point at the intersection of the sewer main and the previously mentioned boundary line, which point is the of beginning of the easement centerline, thence easterly along the sewer main and across the School property to the eastern boundary of the School property and the western boundary of Northwest Lane. For purposes of the illustration of easement location onL The drawing shown on this exhibit is apart o• f the plat of the School District Number Five Junior High School Site Exhibit A Sewer Main Easement Location P 9640.0 NORTHRIDGE HEIGHTS � 130A SEHO'OL.DISTRICT NUMBER LIVE . I JUNIOR HIGH SCHOOL SITE I I N R H I I I� I Centerline of 20 ft wide o Sewer Main Easement Point of (� Beginning 32 feet--r— �r IL 8, BI NW Corner' 1Sunset Lot 8, Block 1 i IAMR Sunset Addition I S ( I I I O I RONTRWE9T TRACTS � I � ' y4caR �Inaa I =iI 909•40'W I I 66.0' I I I I 98a•25'� �- �3 � �I I �.I NORTHWEST TRACTS I I I � I I I I I I OI ( I � I ( Sewer Main Easement location: An easement 20 feet wide centered on the 8-inch diameter sewer main crossing the School District Number Five Junior High School Site, the approximate location of which is described as follows: Commencing at the Northwest corner of Lot 8, Block 1, Sunset Addition, a recorded subdivision in the City of Kalispell, thence northerly along the eastern boundary of Northern Lights Boulevard and western boundary of the School property 32 feet more or less to a point at the intersection of the sewer, main and the previously mentioned boundary line, which point is the of beginning of the easement centerline, thence easterly along the sewer main and across the School property to the eastern boundary of the School property and the western boundary of Northwest Lane. For purposes of the illustration of easement location only The drawing shown on this exhibit is a part of the plat of the School District Number Five Junior High School Site K IJSPELL FIRE DEPARTMENT Randy Brodehi - Fire Chief March 26, 2005 Carver Engineering, Inc. Attn: Andy Hyde 1995 Third Avenue East Kalispell, MT 59901 Re: Sinopah Subdivision Dear Mr_ Hyde: 312 First Avenue East Kalispell, Montana 59901 (406) 758-7760 FAX: (406) 758-7952 l have reviewed the preliminary information submitted on the above -referenced project. The fire hydrant locations and cul-de-sac design are acceptable as submitted. Please contact me if you have any questions. Sincerely, -A F. Ray Ruffatto Acting Deputy Fire Marshal Kalispell Fire Department "Assisting our community in reducing prevenring and mitigating emergencies, " September 13, 2005 Jeff Thiesen 789 51h Ave WN Kalispell MT 59901 Re: Sinopah Subdivision Dear Mr. Thiesen: 35 1 st Ave East — P O Box 1997 — Kalispell MT 59903-1997 Phone: (406) 758-7718 Fax: (406) 758-7719 Email: parknrec@kalispell.com H CC ERE � 1 D S �P 4 2005 KALISPELL PLANNING DEPARTMENT This letter is to serve as approval on the proposed landscaping plans submitted for Sinopah Subdivision. It is agreed that you will be responsible for bonding for landscaping improvements for this 22 lot subdivision including approximately 26 boulevard trees of a 2 %4n caliper (of an approved species from the Kalispell Parks department planting list) and approximately 5576 lineal feet of hyrdo-seeded boulevards as per the plan. It was agreed that the developers would plant the required boulevard trees to city standards at a later date when tree planting is more appropriate to the construction status. That is after driveways, sidewalks, etc, have been installed and trees can be given adequate care and water. Final approval will be given upon completion, inspection and approval of the landscaping and tree plantings, at which time bonding and/or letter of credit would be released if it is in place. 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. Thank you for your cooperation and consideration for developing a quality subdivision project. If you have any questions or concerns, please give me a call. Sincerely, Micha Baker, Director Kalispell Parks and Recreation Cc: Narda Wilson, Tri-City Planning 1995 Third Avenue East Kalispell,•`•1 • - /+• • 1; 1• • /•: • 1 To: Narda Wilson, City of Kalispell, Planning Department From: Andrew J. Hyde, P.E. ®ate: September 22, 2005 Re: Sinopah Subdivision — Mail Box Pullout Narda: Attached please find a copy of the proposed mailbox pullout on Northwest Lane for the new Sinopah Subdivision. I am proposing a pull out 8 feet wide and 46 feet long, the length of which is equivalent to two parallel parking spots. I need to check with the US Postal Service to see if they will OK the bollard to block straight ahead traffic. (They wanted to drive in that direction.) I moved the mailbox cluster south to be at the middle of the pull out, so hopefully the mail rig can pull back onto Northwest Lane without driving over the handicap ramp. Page 1 City of Kalispell Public Works Department Post Office Box 1997, Kalispell, Montana 59903-1997 - Telephone (406)758-7720, Fax (406)758-7831 September 22, 2005 Jeff Theisen 789 Fifth Avenue EN Kalispell, MT 59901 Re: Sinopah Subdivision Kalispell, Montana Mr. Theison: The City of Kalispell Public Works Department hereby approves the existing, completed improvements except those listed in the Subdivision Improvement Agreement, Exhibit B, for the referenced subdivision. Approval by the City of Kalispell for the City owned and maintained improvements is granted based on the following: 1. Carver Engineering, Inc., letter certifying that the improvements within the referenced subdivision have been inspected and installed in accordance with the City of Kalispell standards and the approved plans and specifications. 2. Our video records of the sanitary sewer system. 3. Receipt of a Subdivision Improvement Agreement which contains the total estimated construction costs plus 25 percent covering the estimated costs for the remaining improvements. The Subdivision Improvement Agreement, Exhibit B is certified by Andrew J. Hyde, P.E., to being an accurate accounting of anticipated costs for the remaining improvements. The one year warranty period for the City owned and maintained existing, completed improvements will commence on September 22, 2005. The one year warranty period for the remaining construction will commence upon acceptance by the City of the completed constructed improvements in accordance with approved plans and specifications. If you have any questions, please do not hesitate to contact this office. Sincer ly, Frank Castles, P.E. Assistant City Engineer Cc: Narda Wilson, Senior Planner Kalispell Planning Department • 06'f6f OVOB NVION3w ` ,Bf'lL{ e�— A MIMS -- .ww N J 41 a o • �` wV} •V Q% O O IY d z a4 6 o r o �+ or- M O O N o S v ^ W 1.1•� Z m ,^,nn ,fszof ,fe'Lll M,Bf,{ ms .pw�t /Ny /3 O W .ff2S ,ri'BII .0006{ C. i -CAI co 2 k /$ U O I 'a W r �i .0 �m to 3 in 1 el s •st s I , I InRz. d Q O N +B A C 06 0 U. I O �ab�`'r °��,•1 r.o\ e�lp� i I S :®L W CO 0 N ���•f�8�4215�� r? 0 �� O 'yy i -jRp.=_ ' I I Z n, S N i ,If'96 {p,@LIDN 1 �g� i 16'fe M,IO,PLII � i� Q a� E a i ml I• � _ So Ogg�o' ��� o� � O o0 i 1 Idm v �sMm m < ,^ VJ ,LB'OZt 3,IO,BLIDN � ,CP'OZ{ M,tD,BLl08 r- o mI I o O 8 d g �sy\ O ICI ,BD'OL{ M,10,8L/OS zliz b < m m c5 z W ? W .2 u'g6c sP'ozI 3,ID,euox , , ,9S'OLl M.t0,@L108 m j i e zz z z z - so A O o O iE3 �0 °zF- 9 I In V I W -'c I I$ z o ® C O O ®.LYOLt k9�o 3, 10,BLI0N , v , ,ZY'OZl M,l0,BLIDS I y 41 78 �I 6, O G O Q M, t0.PL1 I O AEIg W j AZ I o _ 3 i 1 3 C5 , ; g P^8n W W .$lowioN j Q g i At -oil rZ c � 3 iI ¢8 uQQ aIr W Q AMN 3.t0.BLtON I I 7 Y I ,tl'Oil M, 10,9L10 , ( 90 zz I 1 I , W W SZ nl ,10'Olt M.l0.BLtOS < .LO'011 M,l0,PLt i� N W W % < All A8'61l I Ri 1N3W35V33•JVNIYtl° n I LL Q O J ICto ¢ .YP'66Z .f0'09 ,06'Btt 3,t0.BLlOH '> °y m Q 3NV7.153fAH1UON i a o 3 � O a United States Postal Service 350 N Meridian Rd Kalispell, MT 59901-9998 May 20, 2005 Carver Engineering 1995 3rd Ave E Kalispell, MT 59901 Re: Sinopah Subdivision To Whom It May Concern: Delivery has been approved for the Sinopah Subdivision in a cluster box format. The developer is to provide a four foot by ten foot cement pad per the specifications enclosed. The Post Office will provide two cluster boxes and a parcel locker. The location is approved at the current curbside box at 121 Northwest Lane. Please provide me with the correct street name and the numerical addresses as soon as possible. Thank you, Pennie Ulvila Delivery Supervisor Montana Department of ENVIRONMENTAL QUALITY P.O. Box 200901 Andy Hyde PE Carver Engineering 1995 Third Ave East Kalispell MT 59901 Dear Mr Hyde: Brian Schweitzer, Governor • Helena, MT 59620-0901 (406) 444-2544 May 10, 2005 • www.deq.mt.gov RE: Sinopah Subdivision Municipal Facilities Exclusion EQ#05-2662 City of Kalispell Flathead County This is to certify that the information and fees received by the Department of Environmental Quality relating to this subdivision are in compliance with 76-4-127, MCA and ARM 17.36.602. Under 76-4-125(2)(d), 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 DEQ, Public Water Supply Section's approval is prohibited, and is subject to penalty as prescribed in Title 75, Chapter 6 and Title 76, Chapter 4. This file has been mailed to DEQ, Public Water Supply Section, Kalispell Office for their review. Sincerelyy,,y, anet Skaarland Compliance Technician Subdivision Section Water Protection Bureau (406) 444-1801 — email jskaarland@state.mt.us cc: City Engineer County Sanitarian file Enforcement Division • Permitting & Compliance Division • Planning, Prevention & Assistance Division • Remediation Division ISSUER: WHITEFISH CREDIT UNION PO BOX 37 WHITEFISH, MT 59937 Date of Issue:09-22.2005 Letter of Credit Number: #134 Amount: U.S. $ 96,640.00 ( NINETY SIX THOUSAND SIX HUNDRED FORTY AND NO1100 U.S. DOLLARS) For Benefit Of: For Account Of: Beneficiary Name and Address Applicant Name and Address CITY OF KALISPELL JEFFREY H. THIESEN 2481ST AVE. E., KALISPELL, MT 59901 KAREN J. THIESEN 789 5TH AVE. W.N. KALISPELL, MT 59901 LETTER OF CREDIT. Issuer establishes this Irrevocable Standby Letter of Credit (Letter of Credit) in favor of Beneficiary in the amount indicated above. Beneficiary may draw on this Letter of Credit with a Draft (or Drafts, if the maximum number of drawings is greater than one) together with the documents described below. Each Draft shall be signed on behalf of Beneficiary and be marked "Drawn under [Issuer name) Letter of Credit No. [Letter of Credit number] dated [Letter of Credit date)." Drafts must be presented at Issuer's address shown above on or before the Expiration Date. The presentation of any Draft shall reduce the Amount available under this Letter of Credit by the amount of the Draft. This Letter of Credit sets forth in full the terms of Issuer's obligation to Beneficiary. This obligation cannot be modified by any reference in this Letter of Credit, or any document to which this Letter of Credit may be related. This Letter of Credit expires on the Expiration Date. DRAWINGS. IM Partial drawings shall not be permitted under this Letter of Credit. ❑ Partial drawings are permitted. The maximum number of drawings that may be made is DOCUMENTS. Each Draft must be accompanied by the following, in original and two copies except as stated: IN The original Letter of Credit, together with any amendments. ❑ A sight draft drawn by Beneficiary on Issuer. ❑ A signed statement by Beneficiary including the following statement: ❑ Other documents: Issuer shall be entitled to accept a draft and the documentation described above, as required by the ternis of this Letter of Credit, from any person purporting to be an authorized officer or representative of Beneficiary without any obligation or duty on the part of Issuer to verify the identify or authority of the person presenting the draft and such documentation. SPECIAL INSTRUCTIONS: EXPIRATION DATE. This Letter of Credit expires at the close of business at Issuer's address at 12:00 P.M. (Time) on 12.31-2005 (Date). Issuer agrees to honor all Drafts presented in strict compliance with the provisions of this Letter of Credit on or before the Expiration Date. ❑ If Beneficiary has not drawn the full amount of this Letter of Credit prior to the Expiration Date, the Expiration Date shall be extended for a period of days from the Expiration Date, unless Issuer notifies Beneficiary in writing at least days prior to the Expiration Date that Issuer elects not to extend this Letter of Credit. In any event, this Letter of Credit shall expire on without any notice from Issuer to Beneficiary. o ©2001 Bankers Systems, Inc., St. Cloud, MN Form LC -STANDBY 1/15/2002 (page t of 2) Return to: Jeffrey Thiesen 789 Fifth Ave. WN Kalispell, MT 59901 STATEMENT OF COVENANTS FOR SINOPAH SUBDIVISION Covenant No. 1 - No lot may be used for any purpose other than residential. Covenant No. 2 - No structure may be erected, placed or allowed to remain upon any individual single family lot except one single family dwelling house of not less then 1100 sq. ft. finished ground floor living area. There may also be no more than two additional outbuildings, including, but not limited to a garage, shop or storage building. Covenant No. 3 - Each dwelling shall be fully completed externally, including siding and/or masonry, paint and roof, ground rough grade soffits, facia, trim, windows, steps, sidewalk installed and building debris removed within one year from the time construction starts on such building, in addition to the installation and completion of all plumbing fixtures and utilities. Covenant No. 4 - No temporary building or partly finished building or structure, including basements, tents, mobile homes, camper trailers or truck -mounted campers shall be erected or placed upon the property or used as a dwelling house on the property. This prohibition is not intended to prevent the placement or storage on the property of recreational or camping vehicles or apparatus which are for use off the premises. Covenant No. 5 - No old buildings, whether intended to be used in whole or in part as the main residential structure or as a garage or other outbuilding shall be moved upon any lot. Covenant No. 6 - No galvanized metal sidings or roofs shall be used on the exterior of permissible structures. Factory -painted siding is permissible, provided the color is non - reflective and provided the color and paint are maintained. T-111 siding shall not be permissible exterior siding. Covenant No. 7 - No basement without a superstructure, shack, garage, barn or other out- buildings shall be use as a residence and the exterior of all buildings must be completed within one year from start of construction. Covenant No. 8 - No house trailer, mobile home or doublewide shall be used for residential purpose. Covenant No. 9 - No part of this property shall be used or maintained as a dumping or storage ground for rubbish, trash, garbage, old automobiles, automobile parts, lumber (except as shall be used for construction within the previously allotted one year). Any and all garbage or refuse shall be stored only in plastic garbage cans which are in good, secure condition and have a firmly secured lid. Garbage cans shall be obscured from public view. Covenant No. 10 - Lots shall be kept clear of debris and free of noxious weeds, excessively long grass, deadfall and any other fire hazard. No lot shall be maintained in such a fashion as to constitute a public or private nuisance to a neighbor or to the neighborhood. Covenant No. 11 - Each owner of a lot on which there is a structure shall provide exterior maintenance upon such lot and structure to include painting and repairing the structure, maintaining the lawn and grounds to preclude weeds, underbrush and other unsightly growths, and not permitting refuse piles or other unsightly objects to accumulate or remain on the grounds. Covenant No. 12 - All buildings shall be substantially constructed and shall, except in case of stone, cinder block or concrete block or natural logs, be stained or painted. No buildings shall be constructed of or be covered with canvas, cloth or sheet metal. Covenant No. 13 - At such time Lots 19 and 20 to be redeveloped a new access plan on to North Meridian will be revised. DATED this t�A day of SeQy�Q V,, �3e , 200,�S- �P.�• - Thiesen Karen J. T iesen *.k.aeff�Thiesen a.k.a. Karen Thiesen '1111mm,l" STATE OF MONTANA ss. County of Flatheadlee This instrument was acknowledged before me on . ';� ' '0% by Jeffrey H. Thiesen, a.k.a. Jeff Thiesen and Karen J. Thiesen, a.k.a. Printed Name Notary Public fo t� of Montana Residing at My Commission Expires $ - c-;rp0 g m rn O 0 ."Zr x C:M Carver Engineering, Inc. September 22, 2005 Frank Castles City of Kalispell P.O. Box 1997 Kalispell., MT 59903 Subject: Sinopah Subdivision Certification of Completion of Construction Dear Frank: Consulting Engineers Civil Structural Environmental Please accept this letter as certification that the infrastructure improvements (water main extension, sewer main extension, roadway and, storm drainage facilities) for the Sinopah subdivision are currently complete to the extent enumerated in the attached Exhibit B to the SIA. Based upon our observations, it is our opinion that the work completed to date has been constructed in general conformance with the approved plans and specifications. Sincerely, CARVER EXa ,A,ff ERING, INC. Andrew J. Hyde, P.E. s A M E ICI;T,IZENS TITLE & ESCROW COt a � O.Box 1310 (59903 1310) � �y t Sduth Main = Ispell; MT 59901 f, O�T}6){752-5388 x a. L�fi�406) 752-9617 o �y �0. lent For i_. stAmerican.Titiefilnsiirance ComvanvL}_�._ GUARANTEE S� AMER, FirstAmerican Title Insurance Company 11. 358902 Form No. 1282 (Rev. 12/15/95) FILE NO.: CT-81303 CT-81303 FEE: $125.00 H-358902 SUBDIVISION OR PROPOSED SUBDIVISION: Sinopah Subdivision SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE LIMITS OF LIABILITY, AND OTHER PROVISIONS OF THE CONDITIONS AND STIPULATIONS HERETO ANNEXED AND MADE A PART OF THIS GUARANTEE, FIRST AMERICAN TITLE INSURANCE COMPANY, A CORPORATION, HEREIN CALLED THE COMPANY GUARANTEES: Marquardt & Marquardt Surveying FOR THE PURPOSE OF AIDING ITS COMPLIANCE WITH FLATHEAD COUNTY SUBDIVISION REGULATIONS, IN A SUM NOT EXCEEDING $5,000.00. THAT according to those public records which, under the recording laws of the State of Montana, impart constructive notice of matters affecting the title to the lands described as follows: Lots 13, 14, 15, 27, 28 and 29 of Block One (1) of Northwest Tracts, according to the map or plat thereof on file and of record in the office of the Clerk and Recorder of Flathead County, Montana. The above -described tract of land is to be known and designated as: Sinopah Subdivision (1) Parties having record title interest in said lands whose signatures are necessary under the requirements of Flathead County Subdivision Regulations on the certificates consenting to the recordation of Plats and offering for dedication any streets, roads, avenues and other easements offered for dedication by said Plat are: Jeffrey H. Thiesen and Karen J. Thiesen as Joint Tenants as to Lots 27 and 28 Jeff Thiesen and Karen Thiesen as joint tenants as to Lots 13, 14, 15 and 29. (All as Vested Parties) 0 Whitefish Credit Union, Beneficial Interest (2) Parties holding liens or encumbrances on the title to said lands are: 1. General and special county and city taxes for the year 2005, a lien not yet payable. Continued... FILE NO.: CT-81303 Page 2 H 358902 NOTE: General and special county and city taxes for the year 2004 and all prior years have been paid in full. (AFFECTS: All Lots) 2. Real Estate Trust Indenture dated June 29, 2004, to secure an indebtedness in the principal sum of AMOUNT $360,000.00, and any other amounts and/or obligations secured thereby. RECORDED June 30, 2004, as Doc. No. 2004-182-13330, records of Flathead County, Montana. GRANTOR Jeffrey H. Thiesen and Karen J. Thiesen, as joint tenants TRUSTEE Citizens Title & Escrow Corp. BENEFICIARY: Whitefish Credit Union AFFECTS : All lots Assigment of Leases and Rents to Whitefish Credit Union, by instrument recorded June 30, 2004, as Doc. No. 2004-182-13350, records of Flathead County, Montana. (AFFECTS: All Lots) 3. Trust Indenture dated July 18, 2005, to secure an indebtedness in the principal sum of AMOUNT $246,000.00, and any other amounts and/or obligations secured thereby. RECORDED July 20, 2005, as Doc. No. 2005-201-11490, records of Flathead County, Montana. GRANTOR Jeffrey H. Thiesen and Karen Thiesen, as joint tenants TRUSTEE Citizen's Title & Escrow BENEFICIARY: Whitefish Credit Union AFFECTS : All Lots (3) Easements, claims of easements and restriction agreement of record are: 1. Easement for electric transmission and distribution line granted to Pacific Power and Light Company, recorded April 14, 1978, in Book 639, Page 640, as Doc. No. 4943, records of Flathead County, Montana. (AFFECTS: Lots 13 & 29) 2. A possible easement created by Certificate of Water Right, recorded April 9, 1982 in Book 737, Page 211, as Doc. No. 4554, records of Flathead County, Montana. (AFFECTS: Lots 13, 14 & 29) 3. Resolution No. 3877 executed by the City of Kalispell for Annexation into the city limits for Northwest Tracts Addition No. 234 to zone said property residential, recorded June 9, 1989, as Doc. No. 89-160-08430 and Amended by Resolution 4652, recorded September 6, 2001 as Doc. No. 2001-249-10370, records of Flathead County, Montana. (AFFECTS: All lots) Continued... FILE NO.: CT-81303 Page 3 H 358902 4. Resolution No. 1055A executed by the Kalispell City -County Planning Board for the North Meridian Neighborhood Plan, recorded January 3, 1995, as Doc. No. 95-003-14250, records of Flathead County, Montana. (AFFECTS: All lots) 5. Easement for a twenty foot wide temporary construction easement and a ten foot wide permanent easement granted to City of Kalispell, recorded July 16, 2003, as Doc. No. 2003-197-15220, records of Flathead County, Montana. (AFFECTS: Lot 13 and Lot 29) 6. Easement for telephone wires, towers, poles, props, guys, anchors and other supports and/or underground facilities granted to Northwestern Tele doing business as PTI Communications, Inc., recorded January 16, 1992, as Doc. No. 92-016-15050, records of Flathead County, Montana. (AFFECTS: Lot 15) 7. Road Maintenance Agreement upon the terms, conditions and provisions contained therein: DATED July 29, 1997 PARTIES Argyle P. Hendrickson and Kenny U. Hendrickson RECORDED: July 30, 1997, as Doc. No. 1997-211-15540, records of Flathead County, Montana. AFFECTS : Lot 15 8. Declaration of Water Well Covenants and Easement executed by Argyle P. Hendrickson and Kenny U. Hendrickson, recorded June 30, 1997, as Doc. No. 1997-211-15550, records of Flathead County, Montana. (AFFECTS: Lot 15) 9. Easement for right of way for highway purposes granted to Montana Department of Transportation, recorded April 4, 2005, as Doc. No. 2005-094-08001, records of Flathead County, Montana. (AFFECTS: Lots 13 & 14) 10. Easement for right of way for highway purposes granted to Montana Department of Transportation, recorded April 4, 2005, as Doc. No. 2005-094-08004, records of Flathead County, Montana. (AFFECTS: Lot 15) 11. Utility, drainage, water and gas easements as depicted on the proposed Plat of Sinopah Subdivision. 12. Waiver of Protest -Participation in Special Improvement District as executed and recited on the proposed Plat of Sinopah Subdivision. Continued... FILE NO.: CT-81303 Page 4 H 358902 The above described property is located within and subject to the jurisdiction of the City of Kalispell Fire District. DATED: August 26, 2005, at 8:00 A.M. e Subscribed and sworn to before me this�4 y of; 2005. NOTARY RL � r � �a W � [J- . ."'= \..A u _ Notar Publi r, Mate of `Montana Residing at My Commission Expires THE END NORTHWEST LANE NU7 .Ib Ui t ZUU.b4" 119.90' 60.03' 119.90, 1 o DRAINAGE EASEMEN 1. o. I I 110, Ln 130'. I n _, o w m> I w { i -8 co i I -28'01"W 120.02' I. ( SOt'28'01"W 120.01' i Il� i 'r� o oca � I o 0o I �L l Z l n co u N N ( ' - i i m O1'28'01"W 120.11' { N01'28'01"E 120.10' I CA i to ca ` r; I Or ar I o N�--�. o o �a I 41- o O N Z I !rn }+ N N f�1 I N S01-28'01'W 120.20' I NOt'28'01"E 120.19' Oo .W+ N Z nNN 130v Ocoo 128"W 24.29' 0by > NOV28'WE 120.28 Z rn ► II {I { I1 I�oo _o'_- rno , oo 1 10'L ^120.42'y 5O1'28'01"W 120.42' t. `t ° mZ m D^DmO r (� a y D mF0NI I P O p a Z w°°o I SOt'28'01"W 120.56' I ' I NOt-28'01"E 120.55' I l o I I l -4 1. I ( o y ( o I o I v O o o " i o in+D D '; t o Iz , yuc;pi <V lllc c.ttctt uiut aF: t...,,,. u.+.+... .+.•��� .-•- r•� _ ... .. _. _.._ ___ _. __ __...�_. - following: (a) Defects, liens, encumbrances, adverse claims or other matters against the title, whether or not shown by the public records. (b) (1) Taxes or assessments of any taxing authority that levies takes or assessments on real property; or, (2) Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not the matters excluded under (1) or (2) are shown by the records of the taxing authority or by the public records. (cl (1) Unpatented mining claims: (2) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (3) water rights, claims cr title to water, whether or not the mailers excluded under (1), (2) or (3) are shown by the public records. 2. Nc,withstanding any specific assurances which are provided in Schedule A of this Guarantee, the Company assumes no liability for less or damage CV reason of tine following: (a) Defects, liens, encumbrances, adverse claims or other matters affecting the'gle to any property beyond the lines of the land expressly described in the description set forth in Schedule (A), (C) or in Part 2 of this Guarantee, or title to streets, roads, avenues, lanes, ways or waterways to which such land abuts, or the right to main- tain therein vaults, tunnels, ramps or any structure or improvements; or any rig`'ts or easements therein, unless such property, rights or easements are expressly and specifically set forth in said description. (b) Defects, liens, encumbrances, adverse claims or other matters, whether or not shown by the public records; (1) vihich are created, suffered, assumed or agreed to by one or more of the Assureds; (2) which result in no loss to the Assured; or (3) which do not resuit in the invalidity or potential invalidity of any judicial or non - judicial proceeding which is within the scope and purpose of the assurances provided. (c) The identity of any party shown or referred to in Schedule A. (d) The validity, legal effect or priority of any matter shown or referred to in this Guarantee. GUARANTEE- CONDITIONS AND STIPULATIONS 1. Definition of Terms. The following terms when used in the Guarantee .mean: (a) the "Assured": the party or parties named as the Assured in this Guarantee, or on a supplemental writing executed by the Company. (b) "land": the land described or referred to in Schedule (A)(C) or in Part 2, and improvements affixed thereto which by law constitute real property. The term "land" does not include any property beyond the lines of the area described or referred to in Schedule (A)(C) or in Part 2, nor any right, title, interest, estate or easement in abutting streets, roads, avenues, alleys, lanes, ways or waterways. (c) "mortgage": mortgage, deed of trust, trust deed, or other security instrument. (d) "public records": records established under state statutes at Date of Guarantee for the purpose of Imparting constructive notice of matters relating to real property to purchasers for value and without knowledge. (e) "date": the effective date. 2. Notice of Claim to be Given by Assured Claimant. An Assured shall notify the Company promptly in writing in case knowledge shall come to an Assured hereunder of any claim of title or interest which is adverse to the title to the estate or interest, as stated herein, and which might cause loss or damage for which the Company may be liable by virtue of this Guarantee. if prompt notice shall not be given to the Company, then all liability of the Company shall termi- nate with regard to the matter or matters for which prompt notice is required; provided, however, that failure to notify the Company shall in no case .prejudice the rights of any Assured under this Guarantee unless the Company shall be prejudiced by the failure and then only to the extent of the prejudice. 3. No Duty to Defend or Prosecute. The Company shall have no duty to defend or prosecute any action or proceeding to which the Assured is a party, notwithstanding the nature of any allegation in such action or proceeding. 4. Company's Option to Defend or Prosecute Actions; Duty of Assured Claimant to Cooperate. Even though the Company has no duty to defend or prosecute as set forth in Paragraph 3 above: (a) The Company shall have the right, at its sole option and cost, to institute and prosecute any action or proceeding, interpose a defense, as limited in (b), or to do any other act which in its opinion may be necessary or desirable to establish the title to the estate or interest as stated herein, or to establish the lien rights of the Assured. or to prevent or reduce loss or damage to the Assured. The Company may take any appropriate action under the terms of this Guarantee, whether or not it shaii be liable hereunder, and shall not thereby concede lia- bility or waive any provision of this Guarantee. if the Company shall exercise its rights under this paragraph, it shall do so diligently. (b) If the Company elects to exercise its options as stated in Paragraph 4(a) the Company shall have the right to select counsel of its choice (subject to the right of such Assured to object for reasonable cause) to rep- resent the Assured and shall not be liable for and will not pay the fees of any other counsel, nor will the Company pay any fees, costs or expenses incurred by an Assured in the defense of those causes of action which allege matters not covered by this Guarantee. (c) Whenever the Company shall have brought an action or interposed a defense as permitted by the pro- visions of this Guarantee, the Company may pursue any litigation to final determination by a court of competent jurisdiction and expressly reserves the right, in its sole discretion, to appeal from an adverse judgment or order. (d) In all cases where this Guarantee permits the Company to prosecute or provide for the defense of any action or proceeding, an Assured shall secure to the Company the right to so prosecute or provide for the defense of any action or proceeding, and all appeals therein, and permit the Company to use, at its option, the name of such Assured for this purpose. Whenever requested by the Company, an Assured, at the Company's expense, shall give the Company all reason- able aid in any action or proceeding, securing evidence. obtaining witnesses, prosecuting or defending the action or lawful act which in the opinion of the Company may be necessary or desirable to establish the title to the estate or interest as stated herein, or to establish the lien rights of the Assured. If the Company is prejudiced by the failure of the Assured to furnish the required Cooperation, the Company's obligations to the Assured under the Guarantee shall terminate. 5. Proof of Loss or Damage. In addition to and after the notices required under Section 2 of these Conditions and Stipulations have been provided to the Company, a proof of loss or dam - ace signed and sworn to by the Assured shall be fur- nished to the Company within ninety (90) days after the Assured shall ascertain the facts giving rise to the loss or damage. The proof of loss or damage small describe the matters covered by this Guarantee which constitute the basis of loss or damage and shall state. to the extent possible, the basis of calculating the amount of the loss or damage. if the Company is prejudiced by the failure of the Assured to provide the required proof of loss or damage, the Company's obligation to such Assured under the Guarantee shall terminate. In addition, the Assured may reasonably be required to submit to exam- ination under oath by any authorized representative of the Company and shall produce for examination, inspection and copying, at such reasonable times and places as may be designated by any authorized repre- sentative of the Company, all records, books, ledgers, checks, correspondence and memoranda, whether bearing a date before or after Date of Guarantee, which reasonably pertain to the loss or damage. Further, if requested by any authorized representative of the Company, the Assured shall grant its permission, in writing, for any authorized representative of the Com- pany to examine, inspect and copy all records, books, ledgers, checks, correspondence and memoranda in the custody or control of a third party, which reasonably pertain to the loss or damage. All information desig- nated as confidential by the Assured provided to the Company pursuant to this Section shall not be disclosed to others unless, in the reasonable judgment of the Company, it is necessary in the administration of the claim. Failure of the Assured to submit for examination under oath, produce other reasonably requested information or grant permission to secure reasonably necessary information from third parties as required Plat Room Flathead County, Montana 800 S. Main St. Kalispell, MT 59901 (406) 758-5510 This Form is for Subdivisions & Condominiums Only BY: DESCP: S, e2 O�Q-AS YEARS ASSESSOR # 2000 THRU ------------ & TO DATE DATE q11" -/0 r' PURPOSE ®oo 8&®g o92f8S® ® 3 5lo i®O 095'®aS.� ®9S®o4�8 I hereby certify that there are no outstanding taxes on the property �rssigned the assessor numbers listed above, for the years indicated for each assessor number. E � E P Deputy Treasurer (seal) CONSENT TO PLATTING Pursuant to Section 76-3-612, MCA, the undersigned, Whitefish Credit Union, Beneficiary as recorded June 30, 2004 as Document No. 2004-182-13330 and July 20, 2005 Document No. 2005- 201-11490, Flathead County, Montana, hereby consent to platting and dedication of land included in the plat of SINOPAH SUBDIVISION. WITNESS WHEREOF, said parties have caused their names to be subscribed thereto, on this t®® day of �- , 2006. Whitefish Credit Ti STATE OF MONTANA ) SS. County of Flathead This instrument was acknowledged before me on e , 200j by Lf- 55 PL-- , of Whitefish Credit Union. 5 Notary Public for he State of I Residing at i My Commission expires $ 0 i City of Kalispell Planning Department 17 - 2"d Street East, Suite 211, Kalispell, Montana 59901 Telephone: (406) 751-1850 Fax: (406) 751-1858 FINAL PLAT APPLICATION Project /Subdivision Name: Contact Person: Name: ft-v�Y9(,knr-4SArt,.cyi� Address: l 5' ,A ,4- EA) Phone No.: R Date of Preliminary Plat A Owner & Mailing Address: Type of Subdivision: Residential Industrial Commercial PUD Other Total Number of Lots in Subdivision Land in Project (acres) Parkland (acres) Cash -in -Lieu $ % 25 Exempt No. of Lots by Type: Single Family �_ Townhouse Mobile Home Park Duplex Apartment Recreational Vehicle Park Commercial Industrial Planned Unit Development Condominium Multi -Family Other Legal Description of the Property LA5 1 S, a 7 `a �� k 1 T—' r FILING FEE ATTACHED $, 1 On Minor Subdivision with approved preliminary plat $400 + $100/lot Major Subdivision with approved preliminary plat $650 + $100/lot Subdivisions with Waiver of Preliminary Plat $600 + $100/lot Subdivision Improvements Agreement $ 50 1 Attached Not Applicable (MUST CHECK ONE) Health Department Certification (Original) Title Report (Original, not more than 90 days old) Tax Certification (Property taxes must be paid) Consent(s) to Plat (Originals and notarized) Subdivision Improvements Agreement (Attach collateral) Parkland Cash -in -Lieu (Check attached) l� Maintenance Agreement V, Plats: 1 opaque OR 2 mylars 1 mylar copy 1 signed blueline 4 bluelines 4 bluelines, unsigned 11X17 Copy 11X17 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 applications be accompanied with a digital copy. �� Owner(s) ignature 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 2