Staff Report/Final PlatREPORT TO:
FROM:
SUBJECT:
City of Kalispell
Planning Department
17 - tad Street East, Suite 211, Kalispell, Montana 59901
Telephone: (406) 751-1850
Fax: (406) 751-1858
Website: kalispellplanning.com
Kalispell Mayor and City Council
Narda A. Wilson, Senior Planner
James H. Patrick, City Manager
Final Plat Approval of Springfield Subdivision
MEETING DATE; November 7, 2005
BACKGROUND: This is a residential subdivision that creates two residential lots on
property located on the east side of South Meridian Road between Fifth and Sixth
Streets West. One lot will accommodate an existing single family dwelling and the
other will be developed with another dwelling at some point in the future. Preliminary
plat approval for this subdivision was waived on June 8, 2005 subject to conditions.
The existing lot contains approximately 0.422 of an acre or 18,382 square feet.
Proposed Lot 1 will contain approximately 10,742 square feet and proposed Lot 2 will
contain approximately 7,644 square feet. There is a house on proposed Lot 1 and an
out building on proposed Lot 2.
This property is zoned R-4, Two Family Residential which has a minimum lot width of
50 feet and a minimum lot size of 6,000 square feet. This area is primarily residential
in character. The R-4 zoning for the property allows single family and duplex
dwellings as permitted uses and is the primary use anticipated in this district. The
subdivision complies with the zoning for the property.
Our office waived the preliminary plat subject to several conditions because it has
been found that the subdivision can meet the criteria for preliminary plat approval
waiver as outlined in Section 2.06 of the Kalispell Subdivision Regulations.
Findings of fact for approval of the plat are found in attached staff report KWP-05-5
which reviews the conditions of approval and a how they have been met.
RECOMMENDATION: A motion to adopt the findings of fact in the staff report and
approve the resolution for the final plat would be in order.
FISCAL EFFECTS: Potentially minor positive effects.
ALTERNATIVES: As suggested by the city council.
Final Plat for Springfield Subdivision
November 1, 2005
Page 2
Respectfully submitted
Narda A. Wilson
Senior Planner
Report compiled: November 1, 2005
c: Theresa White, Kalispell City Clerk
es H. Patrick
City Manager
attachments: Transmittal letter and application
Staff report KWP-05-5
Plats
H: \REPORTS\... \KWP05-5.DOC
112LIJ . . ,DWA W/
WHEREAS, The Villas, LLC, the owners of certain real property described above, have petitioned
for approval of the final Subdivision Plat of said property, and
WHEREAS, preliminary plat approval for this minor subdivision was waived on July 8, 2005, by
the Kalispell Planning Department according to Section 2.06 of the Kalispell
Subdivision Regulations subject to six (6) conditions, all of which have been met,
and
WHEREAS, the proposed subdivision plat of said property is subject to the provisions of Section
2.06 (Preliminary Plat Process -Minor Subdivision -Preliminary Plat Waiver),
Subdivision Regulations of the City of Kalispell, and
WHEREAS, the Kalispell Planning Department has reviewed the proposed subdivision and made
a report (KWP-05-5) to the City Council of the City of Kalispell, said report
considering the criteria set forth in Section 76-3-608 MCA, and recommends final
plat approval of said subdivision.
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 in Kalispell Planning Department Report
#KWP-05-5 are hereby adopted as the Findings of Fact of the City Council.
SECTION II. That the application of The Villas, LLC for final plat approval of Springfield
Subdivision in Section 18, Flathead County, Montana, is hereby approved.
SECTION III. The classification of said premises under the Kalispell Zoning Ordinance
shall not be changed by the action.
SECTION IV. 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 7TH DAY OF NOVEMBER, 2005.
ATTEST:
Theresa White
City Clerk
Pamela B. Kennedy
Mayor
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
November 1, 2005
James H. Patrick, City Manager
City of Kalispell
P.O. Box 1997
Kalispell, MT 59903
RE: Final Plat Approval for Springfield Subdivision
Dear Jim:
Our office has received an application for final plat approval from Jackola
Engineering, Inc. on behalf of The Villas, LLC for a two lot residential subdivision.
This subdivision creates two residential lots; one which accommodates an existing
single family dwelling and the other will be developed with another dwelling at some
point in the future. Preliminary plat approval for this subdivision was waived on
June 8, 2005 subject to conditions. This property is located on the east side of South
Meridian Road between Fifth and Sixth Streets West.
The existing lot contains approximately 0.422 of an acre or 18,382 square feet.
Proposed Lot 1 will contain approximately 10,742 square feet and proposed Lot 2 will
contain approximately 7,644 square feet. There is a house on proposed Lot 1 and an
out building on proposed Lot 2.
This property is zoned R-4, Two Family Residential which has a minimum lot width of
50 feet and a minimum lot size of 6,000 square feet. The property can be described
as Assessors Tract SDWD located in Section 18, Township 28 North, Range 21 West,
P.M.M., Flathead County, Montana. This area is primarily residential in character.
The R-4 zoning for the property allows single family and duplex dwellings as
permitted uses and is the primary use anticipated in this district. The subdivision
complies with the zoning for the property.
Our office waived the preliminary plat subject to several conditions because it has
been found that the subdivision can meet the criteria for preliminary plat approval
waiver as outlined in Section 2.06 of the Kalispell Subdivision Regulations.
Specifically, it can be found that the following conditions exist:
1. The plat contains five or fewer lots.
2. There is no public dedication of streets or public or private parkland.
Springfield Subdivision Final Plat
November 1, 2005
Page 2
3. All lots have legal and physical access conforming to the subdivision regulations.
4. Each lot has a suitable building site and there are no environmental hazards
present.
5. Public sewer and water are adequate and in place.
6. The subdivision complies with the subdivision regulations and current zoning
regulations.
7. No significant effects are anticipated on agriculture and agricultural water user
facilities, local services, the natural environment, wildlife and wildlife habitat and
the public health and safety.
The Kalispell City Council will need to adopt findings of fact for approval found in the
attached staff report KWP-05-5 concurrent with the final plat approval. The following
is a list of the conditions of approval and a discussion of how they have been met.
• r , • r • • •
Condition No. 1. That the final plat is in substantial compliance with the
preliminary plat that was waived.
® This condition has been met. The final plat complies with the preliminary plat that
was waived.
Condition No. 2. That a note be placed on the face of the final plat that waives
protest to the creation of a special improvement district for the future upgrade of
streets in the area to city standards.
® This condition has been met. The required note has been placed on the face of the
final plat.
Condition No. 3. A municipal facilities exemption be obtained from the Montana
Department of Environmental Quality and a letter from the Kalispell Public Works
Department stating that municipal water and sewer service are available and will be
provided to both lots.
® This condition has been met. The required letters from MDEQ and the City of
Kalispell have been submitted with the final plat application.
Condition No. 4. A letter be obtained from the Kalispell Public Works Department
stating that water and sewer service is available to both lots.
® This condition has been met. The required letter from the Kalispell Public Works
Department has been submitted with the final plat.
Springfield Subdivision Final Plat
November 1, 2005
Page 3
Condition No. 5. The final plat shall indicate the location of existing buildings and
demonstrate that compliance with the development standards of the R-4 zoning
district have been met.
® This condition has been met. The location of the existing building have been
indicated on the final plat and comply with the setbacks of the R-4 zoning district.
Condition No. 6. This waiver of preliminary plat approval is valid for three years
and will expire on May 17, 2008.
® This condition has been met. The final plat has been submitted prior to expiration
of the waiver.
The final plat is in substantial compliance with the preliminary plat which was
reviewed and approved.
OM aI V 0 ; a V; I Da'-111:1 i• •
This subdivision plat has been found to be in compliance with the State and City
Subdivision Regulations.
• , I. DF7535•
This subdivision has been found to be in compliance with the Kalispell Zoning
Ordinance and the R-4, Two Family Residential, zoning designation assigned to the
property.
•'17 Wo IYAREGNA
All of the conditions of preliminary plat approval have been adequately addressed.
The staff recommends that the Kalispell City Council adopt the attached staff report
KWP-05-5 as findings of fact and approve the final plat for the subdivision. Please
schedule this matter for the next regular city council meeting of November 7, 2005.
You may call me at (406) 751-1850 if you have any questions regarding this
subdivision.
Sincerely,
Narda A. Wilson
Senior Planner
Springfield Subdivision Final Plat
November 1, 2005
Page 4
Attachments: Vicinity map
1 opaque mylar
1 reproducible mylar
i paper copy
Staff Report KWP-05-5
Final plat application
Letter from Jackola dated 10 / 3 / 05
Letter from TCPO for pre plat waiver dated 7 / 8 / 0 5
DEQ approval #E.Q. #05-3020 dated 6/21/05
Ltr from KPW dated 8/ l/05
Ltr from KPW dated 8/ l/05
Ltr from KPW dated 8/ 1/05
Treasurers Certification dated
Title Report from First American Title dated 7 / 21 / 05
Consent to plat dated 8/3/05
C: Jackola Engineering, Inc., P. O. Box 1134, Kalispell, MT 59903
The Villas LLC, 3 Meridian Ct., Suite 3, Kalispell, MT 59901
Theresa White, Kalispell City Clerk
H: \ FRDO \ REPORTS \ KALISPEL\ KW P\ 05 \ KW P-05-51tr. DOC
r :r r
REPORTSTAFF
REVIEW AND FINDINGS OF
NOVEMBER 1, 2005
This is a report to the Kalispell City Council for findings of fact for a two lot residential
subdivision. Preliminary plat approval for this minor subdivision was waived on July
8, 2005 subject to six conditions.
BACKGROUND: This is a residential subdivision that creates two lots. There is a lot
to accommodate the existing single family residence which will remain and another lot
with an outbuilding that will be developed with a dwelling at some point in the future.
This is zoned R-4, Two Family Residential.
A. Applicant: The Villas, LLC
3 Meridian Court, Suite 3
Kalispell, MT 59901
(406) 756-7325
Technical Assistance: Jackola Engineering
P, O. Box 1134
Kalispell, MT 59903
(406) 755-3208
E. Location: The property is located on the east side of South Meridian Road
between Fifth and Sixth Streets West. It can be described as Assessors Tract
5DWD located in Section 18, Township 28 North, Range 21 West, P.M.M.,
Flathead County, Montana.
C. Size:
Total area: 0.422 of an acre
Lot 1: 0.247 of an acre (10,742 square feet)
Lot 2: 0.175 of an acre (7,644 square feet)
D. Existing and Adjacent Land Uses: Currently this property is developed with a
single family dwelling on proposed Lot 1 that will remain. There is also an
existing outbuilding on proposed Lot 2 that will also likely remain. The area is
primarily single family dwellings with some duplex and multi -family dwellings
in the area.
E. Zoning: The property is zoned R-4, Two Family Residential. This zoning
district has a minimum lot width requirement of 50 feet and a minimum lot
size requirement of 6,000 square feet. The proposed lots are in compliance
with the zoning. The primary anticipated land uses are single family dwelling
and duplexes.
F. Relation to Growth Policy: The property is designated as Urban Residential
in the Kalispell Growth Policy 2020. The existing R-4 zoning and the proposed
uses for the site comply with the anticipated development for the area.
G. Utilities:
Water and Sewer:
Electricity:
Telephone:
Gas:
School:
Police:
Fire Protection:
City of Kalispell
Flathead Electric Coop
CenturyTel
Northwest Energy
School District #5, Kalispell
City of Kalispell
City of Kalispell
M.i yi ait� �, ► r *Ti ai �iT �
This application is reviewed as a minor subdivision in accordance with statutory
criteria and the Kalispell Subdivision Regulations.
A. Effects on Health and Safety:
Fire: The area is anticipated to be at low risk from wildfire due to the urban
location, lack of woody fuel and good access to the site. The proposed
subdivision is not expected to significantly impact the service provided by the
district. A fire hydrant is located nearly across the street from this property to
the north.
Vegetation and topography: The property is relatively level and has some
limited mature vegetation - some that will likely remain.
E. Effects on Wildlife and Wildlife Habitat: The subdivision is not mapped in
big game habitat winter range and does not provide habitat to significant
wildlife other than some birds and small animals with occasional deer in the
area.
C. Effects on the Natural Environment: The subdivision will be served by City
of Kalispell water and sewer minimizing impacts to groundwater. There is no
surface water or ground water in the area that can be anticipated to be
impacted when this property is developed. Any impacts on the natural
environment related to this subdivision will be insignificant.
D. Effects on Local Services:
Sewer and Water: The City of Kalispell will provide water and sewer service to
the property and currently serves the existing residence. It will serve the new
residence as well once developed. There are existing water and sewer mains
directly accessible to the site and no new water or sewer mains will be needed
to be extended to service this property.
2
Access and Roads: Access to the site can be obtained directly from South
Meridian Road. This is an existing City street that is owned and maintained by
the City of Kalispell. It is approximately 28 feet wide and has an attached
sidewalk. Access can also be obtained to the lots from an existing 16 foot wide
alley to the east. The impacts to the roadways in the area will be minimal.
Schools: This property is within the boundaries of School District #5, Kalispell.
This subdivision is residential in nature and will have limited impacts on the
enrollment of the school district and may result in one additional school aged
child being enrolled in the district.
Parks: Parkland dedication is not required for minor subdivisions.
Police Protection: The property is served by the Kalispell Police Department. It
is not anticipated that this subdivision will significantly impact the service
provided by the police department.
Fire Protection: The property is within the service district of the Kalispell Fire
Department. The subdivision will not create additional impacts to fire service.
Refuse Disposal: Refuse disposal will be provided by the City of Kalispell. The
proposed subdivision is not expected to impact the landfill.
Medical Services: Emergency medical service is provided by the Kalispell
Regional Hospital; Ambulance and Life Flight services are also available.
E. Effects on Agriculture:
This subdivision is in the urban area of Kalispell and the area has been
developed to an urban density. This property has not been used for
agricultural purposes in the past and will have no effect on agricultural
activities in the Valley.
F. Compliance with the Kalispell Subdivision Regulations
This subdivision complies with the Kalispell Subdivision Regulations.
Preliminary plat was waived because it meets the waiver criteria provided for
under Section 2.06 of the regulations which include the following: (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 and the public health and safety. This subdivision is in
substantial compliance with the Kalispell Subdivision Regulations.
3
This subdivision complies with the minimum lot size and lot width
requirements of the R-4, Two Family Residential, zoning district. Each lot
meets the minimum lot size requirement for the current and proposed uses on
the property. The subdivision complies with the zoning for the property.
Staff recommends that the Kalispell City Council adopt Staff Report KWP-05-5 as
findings -of -fact for the proposed subdivision and approve the final plat.
H:\FRDO\REPORTS\KALISPEL\KWP\05\KWP-05-5 SPRINGFIELD
nw
4
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
0 i / 0 / /. . .
Project /Subdivision Name:
Contact JPerson:
Name: ac'ko/a Ewi ieerl
Address:: �PD. ,86k j,/�/ 3 � !
K aL el��l� a na S" 190 3
Phone No.: 466 - %SS' 3Z08
Date of Preliminary Plat Approval: t-r,-It i
Type of Subdivision: Residential X Industrial
Total Number of Lots in Subdivision Z-
Land in Project (acres) 22
Parkland (acres)
No. of Lots by Type:
Single Family
Duplex
Commercial
Cash -in -Lieu $
Townhouse
Apartment
Industrial
Owner & Mailing Address:
The' V, //g s. c�+t1,c
/I Pr►^�Cl Cl. h l� J .
7S6
rH PO WGfued 7
Commercial PUD Other
Exempt _X
Mobile Home Park
Recreational Vehicle Park
Planned Unit Development
Condominium Multi -Family Other
Legal Description of the Property AsseS.Sors T rad- Sbk/D ;rl SeC. l8 %29hl, 9,94W
FILING FEE ATTACHED $ 8600 "
Minor Subdivision with approved preliminary plat
Major Subdivision with approved preliminary plat
Subdivisions with Waiver of Preliminary Plat
Subdivision Improvements Agreement
$400 + $100/lot
$650 + $100/lot
$600 + $100/lot
$ 50
1
Attached
Not Applicable (MUST CHECK ONE)
X
Health Department Certification (Original)
-
Title Report (Original, not more than 90 days old)
-Al
Tax Certification (Property taxes must be paid)
Consent(s) to Plat (Originals and notarized)
A' Subdivision Improvements Agreement (Attach collateral)
X Parkland Cash -in -Lieu (Check attached)
X Maintenance Agreement
Plats: 1 opaque OR 2 mylars
1 mylar copy 1 signed blueline
4 bluelines 4 bluelines, unsigned
IlX17 Copy lIX17 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 applicati ns be accompanied with a digital copy.
wner(s) Signature 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
October 3, 2005
9, JJ
a
rhtuR, SucvO�r�'�.
Tom Jentz
Planning Director
City of Kalispell
17 2nd Street East
Kalispell, Montana
Planning Department
59901
Re: Final Plat
Springfield Subdivision
City of Kalispell
Dear Tom:
Enclosed is the following information for Final Plat
on the above referenced Subdivision.
1. That the final plat is in substantial compliance
with the preliminary plat that was waived.
The plat meets this condition
2. That a note be placed on the face of the final
plat that waives protest to the creation of a
special improvement district for the future
upgrade of streets in the area to City
standards.
Statement on face of plat
3. A municipal facilities exemption be obtained
from the Montana Department of Environmental
Quality and a letter from the Kalispell Public
Works Department stating that municipal water
and sewer service are available and will be
provided to both lots.
See enclosed DEQ approval and letter from
Kalispell Public Works
(P)406.755.3208 (F)406.755.3218 PO Boxl 1 34 -1 630 3R° AVE E SMITE 302, KALISPELL,MT. 59901
4. A letter be obtained from the Kalispell Public
Works Department stating that water and sewer
service is available to both lots.
See letter in condition #3
5. The final plat shall indicate the location of
existing buildings and demonstrate that
compliance with the development standards of the
R-4 zoning district have been met.
See final plat
6. This waiver of preliminary plat approval is
valid for three years and will expire on May 17,
2008.
This condition is met.
Thank you for your time on this. I remain . . . . .
S' cerely,
ames H. Burton
Professional Land Surveyor
JHB / j b
Enc
(P)406.755.3208 (F)406.755.321 B PO Box1 1 34 -1 830 3" AvE E SUITE 302, KALISPELL,MT. 59901
City of Kalispell
Planning Department
17 Second Street East, Suite 211
Kalispell, Montana 59901
Telephone: (406) 751-1850
Fax: (406) 751-1858
Website: kalispellplanning.com
July 8, 2005
James H. Burton
Jackola Engineering and Architecture
1830 Third Ave East
Kalispell, MT 59901
Re: Waiver of Preliminary Plat Approval — Springfield Subdivision
Dear Jim:
This letter is in response to your request for waiver of preliminary plat for a two lot residential
subdivision located on the east side of Meridian Road between Fifth Avenue West and Sixth Avenue
West in Kalispell. The property contains approximately 0.422 of an acre. The existing single family
residence will be retained on proposed Lot 1 that will contain approximately 11,470 square feet.
Proposed Lot 2 will be created containing approximately 6,917 square feet. The property is zoned R-4,
Two Family, residential which has a minimum lot width of 50 feet and a minimum lot size of 6,000
square feet. The property can be described as a Assessors Tract SDWD located in Section 18, Township
28 North, Range 21 West, P.M.M., Flathead County, Montana.
Our office can find that the proposed subdivision meets the preliminary plat waiver criteria as provided for
under Section 2.06 of the Kalispell Subdivision Regulations. Specifically it meets the following criteria: (1)
the subdivision contains five or fewer lots, (2) there is no dedication of streets or public or private parkland,
(3) that the lots have legal and physical access conforming to the subdivision regulations, (4) each lot has a
suitable building site and there are no environmental hazards present; (5) municipal sewer and water are
adequate and in place; (6) that the subdivision complies with the subdivision and current zoning regulations,
and (7) that there will be no significant impact on agriculture, agricultural water users, local services or the
natural environment.
Due to the relatively minor impacts that this subdivision poses, this office grants preliminary plat approval
subject to the following conditions:
1. That the final plat is in substantial compliance with the preliminary plat that was waived.
2. That a note be place on the face of the final plat that waives protest to the creation of a special
improvement district for the future upgrade of streets in the area to City standards.
3. A municipal facilities exemption be obtained from the Montana Department of Environmental Quality
and a letter from the Kalispell Public Works Department stating that municipal water and sewer service
are available and will be provided to both lots.
Springfield Subdivision Pre -Plat Waiver
July 8, 2005
Page 2
4. A letter be obtained from the Kalispell Public Works Department stating that water and sewer service is
available to both lots.
5. The final plat shall indicate the location of existing buildings and demonstrate that compliance with the
development standards of the R-4 zoning district have been met.
6. This waiver of preliminary plat approval is valid for three years and will expire on May 17, 2008.
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 Chapters 2 and 3 of the Kalispell Subdivision
Regulations. If you have any questions regarding this matter, please call Narda Wilson, Senior Planner, at
this office.
Sincerely,
Thomas R. Jentz
Planning Director
LETTERS\WAIVEPP\05\WAATTI.DOC
Montana Department of
ENVIRONMENTAL QUALITY
P.O. Sox 200901 Helena, MT 59620-0901
June 21, 2005
Jackola Engineering & Architecture PC
James Burton
PO Box 1134
Kalispell MT 59903
Dear Mr Burton:
Brian Schweitzer, Governor
• (406) 444-2544 www.deq.mt.gov
RE: Springfield Subdivision
Municipal Facilities Exclusion
EQ#05-3020
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.
Sincerely,
et 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
k City of Kalispell Public Works Department
Post Office Box 1997, Kalispell, Montana 59903-1997 - Telephone (406)758-7720, Fax (406)758-7831
August 1, 2005
James H. Burton
Jackola Engineering and Architecture
1830 Third Avenue East
Kalispell, Montana 59901
RE: Springfield Subdivision
Kalispell, Montana
Gentlemen,
Water and sewer services are available to the lots from the adjacent, existing street
and/or utility easement(s). The City has adequate capacity to provide water and sewer
services to this project.
If you have any questions, please do not hesitate to contact this office.
Sincerely,
Frank Cas les, P.E.
Assistant City Engineer
City of Kalispell Public Works Department
Post ice Box 1997, Kalispell, Montana 59903-1997 - Telephone (406)758-7720, Fax (406)758-7831
August 1, 2005
Department of Environmental Quality
Permitting and Compliance Division
PWS/CSB
109 Cooperative Way, Suite 105
Kalispell, Montana 59901
Attention: Walter M. Lauder, P.E.
Environmental Engineer Specialist
RE: Springfield Subdivision
Kalispell, Montana
Dear Max,
This letter is to confirm that the City of Kalispell has reviewed the Plat prepared by
Jackola Engineering and Architecture for the referenced project. Water and sewer
services are available to the lots from the adjacent, existing street and/or utility
easement(s). The Kalispell water and sanitary sewer systems have adequate capacity
to serve the project.
Tease feel free to call if you have any questions.
Sincerely,
4 0�-
Frank Castles, P.E.
Assistant City Engineer
cc: Jackola Engineering and Architecture
4> r z City of Kalispell Public Works Department
Post Office Box 1997, Kalispell, Montana 59903-1997 - Telephone (406)758-7720, Fax (406)758-7831
August 1, 2005
Environmental Health Services
Flathead City -County Health Department
1035 First Avenue West
Kalispell, Montana 59901
Attention: Dick Montgomery, P.E.
RE: Springfield Subdivision
Kalispell, Montana
Dear Dick,
This letter is to confirm that the City of Kalispell has reviewed the Plat prepared by
Jackola Engineering and Architecture for the referenced project. Water and sewer
services are available to the lots from the adjacent, existing street and/or utility
easement(s). The Kalispell water and sanitary sewer systems have adequate capacity
to serve the project.
Please feel free to call if you have any questions.
Sincerely,
A _�7_
Frank Castles, P.E.
Assistant City Engineer
cc: Jackola Engineering and Architecture
ECEOVED
OCT 2 6 2005
KALISPELL PLANNING DEPARTMENT
Plat Room
Flathead County, Montana
800 S. Main St.
Kalispell, MT 59901
(406) 758-5510
This Form is for Subdivisions & Condominiums Only
BY: JACKOLA
FOR: THE VILLAS LLC DATE: 7/14/2005
DESCP: SPRINGFIELD SUBDIVISION PURPOSE: PLAT
18-28-21 (TR 5DWD)
YEARS ASSESSOR #
2000 THRU 2004 0162655
& TO DATE
----------------------------
I hereby certify that there are no outstanding taxes on the property
assigned the assessor numbers listed above, for the years indicated for
each assessor number.
Deputy asurer
u0J
(seal)
CONSENT TO PLAT
We, the undersigned, WHITEFISH CREDIT UNION, do hereby consent
to the platting of the real property described as "SPRINGFIELD
SUBDIVISION ", attached hereto, and by this reference made a part
hereof.
WHITEFISH CREDIT UNION
STATE OF MONTANA
County of Flathead
On this _24ay of
undersigned
a Notary P
appear _ L�-1
the__Gjih.-�,�'
who subs *bed j �� naYn�e
me that execu ed the s
SS
i{5 (__, 2005, before me, the
or the State of Montana, personally
_LUS�A) , and known to me to be
n1 of WHITEFISH CREDIT UNION and
tiewithin instrument and acknowledged to
Notary Public �f�� Stte of Montana
Residing at _1,_
My Commission Expires-K�
GUARANTEE
$� AMERIC'
FirstAmerican Title Insurance Company
460800 Form No. 1282 (Rev. 12/15/95)
CLTA Guarantee Face Page
(Revised 12I15,W
S� AM�Rfc
e
FirstAmerican Title Insurance Company
SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE LIMITS OF LIABILITY AND THE
CONDITIONS AND STIPULATIONS OF THIS GUARANTEE,
F1rstAmerlcan Titlebsurance Company
a corporation, herein called the Company
GUARANTEES
Jackola Engineering
the Assured named in Schedule A against actual monetary loss or damage not exceeding the liability amount
stated in Schedule A, which the Assured shall sustain by reason of any incorrectness in the assurances set
forth in Schedule A.
FirstAmer'ican Ti'Jelnsurance Company
13Y PRESIDENT
1 - f3NZitD SIGNATORY
PO
� • � A,
:. SEPTEMBER 24,
d 1968
y,,�.�'•••...•.'..
kt CAt ! F 0 tt
File No. FM-38700
Policy No. H-460800
SUBDIVISION OR
PROPOSED SUBDIVISION FEE: $125.00
Plat of Springfield Subdivision
1 . U • VAN y !, yof . 1
Jackola Engineering
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 on the attached legal
description:
A tract of land located in U.S. Government Lot 2 of Section 18, Township 28 North, Range 21 West,
P.M.M., Flathead County, Montana, and more particularly described as follows:
Commencing at the Southwest corner of Tract 1 of Certificate of Survey No. 13128, records of Flathead
County and which point is the True Point of Beginning; thence
South 88°27' 10" East, on and along the South boundary of said Tract 1, a distance of 179.18 feet to a point
and which point lies on the West right of way boundary of a 16 foot alley; thence
South 08156'31" East, on and along said alley, a distance of 46.53 feet to a point; thence
South 45142'20" West, and leaving said right of way boundary, a distance of 85.70 feet to a point; thence
South 89111' 19" West, a distance of 127.27 feet to a point and which point lies on the East right of way
boundary of Meridian Road; thence
North 01°08'39" East, on and along said East right of way boundary, a distance of 112.47 feet to the True
Point of Beginning.
The above described tract of land shall be known and designated as `Lots 1 and 2 of Plat of Springfield
Subdivision.'
THE END
(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, avenue, and other easements
offered for dedication by said Plat are:
The Villas, LLC
(2) Parties holding liens or encumbrances on the title to said lands are:
A. Taxes, charges and assessments for the year 2005, a lien not yet due or payable.
B.,_Real Estate Trust_Indenture..(With Future Advance Clause) dated June 24, 2005, to secure payment
of
AMOUNT $70,000.00, together with additional advances not to exceed
$70,000.00
RECORDED July 1, 2005, as Doc. No. 2005-182-15420,
records of Flathead County, Montana.
GRANTOR The Villas, LLC
TRUSTEE Flathead County Title Company
BENEFICIARY Whitefish Credit Union
(3) Easements, claims of easements and restriction agreements of record are:
A. Easement for sewer line with right of ingress and egress granted to Harry D. Lovering and Dorothea
F. Lovering recorded October 27, 1977 in Book 628, Page 595, as Doc. No. 15577, records of Flathead
County, Montana.
B. Easement for a ten foot temporary construction easement along the Western boundary granted to the
City of Kalispell recorded April 13, 1999, as Doc. No. 1999-103-11240, records of Flathead County,
Montana.
C. Easements, reservations, restrictions, notes, certificates and/or dedications as shown on the
proposed plat of Springfield Subdivision.
We find the described property to be in Kalispell Fire District.
DATED: July 21, 2005 at 8:00 a.m.
f
uthorized Signatory
Subscribed and Sworn to before me this ;'S'
`pOP"tiP iC���
�? ��y LINDACRIMMINS
_* NOT NOTARY PUBLIC-MONTANA
TAR J
SEAL Residing at Kalispell, Montana
Af, „ MY Comm. Expires Jan. 27, 21m8
day otj 2005.
ti
Notary Public for the State of Montana
Residing at
My commission expires
p
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above paragraph, unless prohibited by law or
vernmental regulation, shall terminate any liability of
the Company under this Guarantee to the Assured for
that claim.
tv uic naawcu anau ntrt cnUccu+u1a•ma0L Ui.
(a) the amount of liability stated in Schedule A or
in Part 2;
(b) the amount of the unpaid principal indebted-
ness secured by the mortgage of an Assured mortgagee,
as limited or provided under Section 6 of these
6. Options to Pay or Otherwise Settle Claims: Conditions and Stipulations or as reduced under Section
Termination of Liability. 9 of these Conditions and Stipulations, at the time the
In case of a claim under this Guarantee, the loss or damage assured against by this Guarantee
Company shall have the following additional options: occurs, together with interest theron; or
(a) To Pay or Tender. Payment of the_Amount-ot.-_ _ . (c) the difference between the value of the estate
Liability or to Purchase the Indebtedness. or interest covered hereby as stated herein and the value
The Company shall have the option to pay or settle of the estate or interest subject to any defect, lien or
or compromise for or in the name of the Assured any encumbrance assured against by this Guarantee.
claim which could result in loss to the Assured within g. Limitation of Liability.
the coverage of this Guarantee, or to pay the full amount
of this Guarantee or, if this Guarantee is issued for the (a) If the Company establishes the title, or
benefit of a holder of a mortgage or a lienholder, the removes the alleged defect, lien or encumbrance, or
Company shall have the option to purchase the indebt- cures any other matter assured against by this
edness secured by said mortgage or said lien for the Guarantee in a reasonably diligent manner by any
amount owing thereon, together with any costs, reason- method, including litigation and the completion of any
able attorneys' fees and expenses incurred by the appeals therefrom, it shall have fully performed its
Assured claimant which were authorized by the obligations with respect to that matter and shall not be
Company up to the time of purchase. liable for any loss or damage caused thereby.
Such purchase, payment or tender of payment of
the full amount of the Guarantee shall terminate all lia-
bility of the Company hereunder. In the event after
notice of claim has been given to the Company by the
Assured the Company offers to purchase said indebted-
ness, the owner of such indebtedness shall transfer and
assign said indebtedness, together with any collateral
security, to the Company upon payment of the purchase
price.
Upon the exercise by the Company of the option
provided for in Paragraph (a) the Company's obligation
to the Assured under this Guarantee for the claimed loss
or damage, other than to make the payment required in
that paragraph, shall terminate, including any obligation
to continue the defense or prosecution of any litigation
for which the Company has exercised its options under
Paragraph 4, and the Guarantee shall be surrendered to
the Company for cancellation.
(b) To Pay or Otherwise Settle With Parties Other
Than the Assured or With the Assured Claimant.
To pay or otherwise settle with other parties for or
in the name of an Assured claimant any claim assured
against under this Guarantee, together with any costs,
attorneys' fees and expenses incurred by the Assured
claimant which were authorized by the Company up to
the time of payment and which the Company is obligat-
ed to pay.
Upon the exercise by the Company of the option
provided for in Paragraph (b) the Company's obligation
to the Assured under this Guarantee forthe claimed loss
or damage, other than to make the payment required in
that paragraph, shall terminate, including any obligation
to continue the defense or prosecution of any litigation
for which the Company has exercised its options under
Paragraph 4.
7. Determination and Extent of Liability.
This Guarantee is a contract of Indemnity against
actual monetary loss or damage sustained or incurred
by the Assured claimant who has suffered loss or dam-
age by reason of reliance upon the assurances set forth
in this Guarantee and only to the extent herein
described, and subject to the Exclusions From Coverage
of This Guarantee.
The liability of the Company under this Guarantee
(b) in the event of any litigation by the Company or
with the Company's consent, the Company shall have
no liability for loss or damage until there has been a final
determination by a court of competent jurisdiction, and
disposition of all appeals therefrom, adverse to the title,
as stated herein.
(c) The Company shall not be liable for loss or
damage to any Assured for liability voluntarily assumed
by the Assured in settling any claim or suit without the
prior written consent of the Company.
9. Reduction of Liability or Termination of
Liability.
All payments under this Guarantee, except pay-
ments made for costs, attorneys' fees and expenses
pursuant to Paragraph 4 shall reduce the amount of
liability pro tanto.
10. Payment of Loss.
(a) No payment shall be made without producing
this Guarantee for endorsement of the payment unless
the Guarantee has been lost or destroyed, in which case
proof of loss or destruction shall be furnished to the
satisfaction of the Company.
(b) When liability and the extent of loss or damage
has been definitely fixed in accordance with these
Conditions and Stipulations, the loss or damage shall be
payable within thirty (30) days thereafter.
11. Subrogation Upon Payment or Settlement.
Whenever the Company shall have settled and
paid a claim under this Guarantee, all right of subroga-
tion shall vest in the Company unaffected by any act of
the Assured claimant.
The Company shall be subrogated to and be
entitled to all rights and remedies which the Assured
would have had against any person or property in
respect to the claim had this Guarantee not been issued.
If requested by the Company, the Assured shall transfer
to the Company all rights and remedies against any per-
son or property necessary in order to perfect this right
of subrogation. The Assured shall permit the Company
to sue, compromise or settle in the name of the Assured
and to use the name of the Assured in any transaction
or litigation involving these rights or remedies.
u a Nayn.crn - au-- V. a wane uvca nut Juuy
cover the loss of the Assured the Company shall be
subrogated to all rights and remedies of the Assured
after the Assured shall have recovered its principal,
interest, and costs of collection.
12. Arbitration.
Unless prohibited by applicable law, either the
Company or the Assured may demand arbitration pur-
suant to the Title Insurance Arbitration Rules of the
American Arbitration Association. Arbitrable matters
may include, but are not limited to, any controversy or
claim between the Company and the Assured arising out
of or relating to this Guarantee, any service of the
Company in connection with its issuance or the breach
of a Guarantee provision or other obligation. All arbitra-
ble matters when the Amount of Liability is $1,000,000
or less shall be arbitrated at the option of either the
Company or the Assured. All arbitrable matters when
the amount of liability is in excess of $1,000,000 shall
be arbitrated only when agreed to by both the Company
and the Assured. The Rules in effect at Date of
Guarantee shall be binding upon the parties. The award
may include attorneys' fees only if the laws of the state
in which the land is located permits a court to award
attorneys' fees to a prevailing party. Judgment upon the
award rendered by the Arbitrator(s) may be entered in
any court having jurisdiction thereof.
The law of the situs of the land shall apply to an
arbitration under the Title Insurance Arbitration Rules.
A copy of the Rules may be obtained from the
Company upon request.
(a) This Guarantee together with all endorsements,
if any, attached hereto by the Company is the entire
Guarantee and contract between the Assured and the
Company. In interpreting any provision of this
Guarantee, this Guarantee shall be construed as a
whole.
(b) Any claim of loss or damage, whether or not
based on negligence, or any action asserting such
claim, shall be restricted to this Guarantee.
(c) No amendment of or endorsement to this
Guarantee can be made except by a writing endorsed
hereon or attached hereto signed by either the
President, a Vice President, the Secretary, an Assistant
Secretary, or validating officer or authorized signatory of
the Company.
14. Notices, Where Sent.
All notices required to be given the Company and
any statement in writing required to be furnished the
Company shall include the number of this Guarantee
and shall be addressed to the Company at 114 East Fifth
Street, Santa Ana, California 92701.
A� f
PUT OF
SPRINGFIELD SUBDIVISION
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