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CorrespondenceASTLE and ASTLE ATTORNEYS AND COUNSELORS AT LAW 705 MAIN STREET KALISPELL, MONTANA 59901 DAVID L. ASTLE WILLIAM E. ASTLE August 27, 2002 Chris A. Kukulski Kalispell City Manager Kalispell City Hall 312 - 1st Avenue East Kalispell, MT 59903-1997 K L I S E LL I- s(11Y) RK 3 FAX (406) 257-3268 Re: Stillwater Estates/Proposed Annexation by City of Kalispell Dear Chris: Please be advised that this law firm represents several lot owners in the Stillwater Estates Subdivision regarding the question of annexation of their properties by the City of Kalispell. The purpose of this letter is to notify both you and the City Staff of my representation of these property owners and to avail myself to you and your staff to discuss this matter on behalf of my clients. Very truly yours, ASTLEILAW FIRM jJ �- By- i iam E. As ZA 9'1 me of Kalispell MENEM Post Office Box 1997 • Kalispell, Montana 59903-1997 • Telephone (406) 758-7700 • FAX (406) 758-7758 MEMORANDUM June 16, 2000 To: Chris Kukulski, City Manager From: Jim Hansz, Director of Public orks Subject: Stillwater Estates Attached is a marked up copy of Mike Fraser's letter of June 2, 2000 concerning Stillwater Estates and their proposed conditions for moving forward with the development. Also attached is a clean copy of our recommended changes. Another meeting to discuss the matter would appear to be appropriate. Stillwater Estates Conditions for Annexation & Connection to City Services 1. J&F would develop the subdivision in three phases in nine years, or if longer, in a time period approved by the governing body. 2. Water system, sewer, street, and drainage improvements will be constructed to City Standards. 3. The property described in Exhibit A will connect to City sewer and water when it is available via extension of services to Sec. 36. 4. Within one year of sewer being available, the phases having completed final plat shall connect to the City sewer. The remaining phases will connect prior to final platting. 5. J&F as owners and developers agree to waive protest and petition for creation of a SID for construction of sewer to the phases having final plat. 6. J&F as owners and developers agree to participate in the SID costs for the phases having final plat in proportion to the ratio of total lots previously approved to lots not having final plat. Participation shall only be for sewer improvements necessary to serve the final plat portions. Phases not having reached final plat shall be designed and constructed with sewer in lieu of on -site septic systems. 7. J&F as developers and owners petition for annexation to the City. 8. J&F as developers and owners agree to pay all construction costs to connect to the City sewer and water at the closest point of connection to services provided from the extension of services to Section 36. 9. J&F and the City agree that J&F and the other lot owners will, at the time of a residential connection, pay the same connection fees and charges as any other lot in the City would pay when connecting to the sewer and water systems. 10. The City agrees to create an SID for extending sewer and water into the property. 11. J&F will place on the final plat for any phase not immediately connecting to City sewer and water the following statement. "The landowners of the property platted herein have petitioned for annexation to the City of Kalispell." 12. J&F will place on the final plat for any phase not immediately connecting to City sewer and water the following statement. "The landowners of the property platted herein have petitioned to create a Special Improvement District (SID) to construct the water, sewer collection, services, and connections to the individual house." Conditions Page 2 13. Streets within the subdivision prior to annexation will be private and owned and maintained by a Homeowner's Association. Concurrent with annexation, the Homeowner's Association shall deed to the City as a public street the previously private road. The City will be responsible for maintenance and snow removal following annexation. All improvements, and the rights -of -way where they are located, shall conform to all City of Kalispell standards. 14. As each platted parcel is conveyed to an individual owner, corporation, partnership or other entity capable of legally holding title, the developer and new owner(s) shall file with the City and record with the County, a petition to annex to the City of Kalispell, and a petition to create an SID for sewer and water improvements necessary to replace on -site sewage disposal systems with a municipal sewer system and connection to City water facilities that conforms to City Standards. Thomas, Dean & Hoskins, Inc. I 7�N TD&117' Engineering Consultants // t June 2, 2000 �u77a JUN 0 5 200 BY- -- V- -------- Chris Kukulski City Manager s City of Kalispell`` P.O. Box 1997 Kalispell, MT 59903-1997 ��� �� '� S-1 RE: Stillwater Estates Dear Chris: We have from our subdivision application, review of the TSEP application process and J&F's goals for the development, prepared a number of conditions for J&F to annex and connect to Kalispell sewer. The conditions are not in final form or number. We are presenting thoughts to start the process of arriving at a final agreement whereby Stillwater Estates would annex and connect to City sewer extended to the site. 1. J&F would develop the subdivision in three phases in nine years, or if longer, in a time period approved by the governing body. 2. Water system,"street, and drainage improvements -w€ ld-be constructed to City standards. The property described in Exhibit A will connect to City sewer when it is available - fee 5. Within one year of sewer being available, the phases having completed final plat shall connect to the City sewer. All -ether phases will connect prior to final platting. 6. J&F as owners and developers agree to waive protest QNmating a SID for construction of sewer to the phases having final plat.,i 47 7. J&F as owners and developers agree to participate in the SID costs for the phases having fmal�plat in proportion to the ratio of total lots previously approved to lots not having final plat. Participation shall only be for sewer improvements necessary to serve the final plat portions. 8. .t&F as developers and owners petition for annexation to the City. - -app d dw—City-unt' wer-service-is-availablee to-w,iffim-1 sfeet-of-the- property 9. J&F as developers and owners agree to pay all construction costs to connect to the City sewer',,%/ -col�lmeIlCing» , �c��:'�� �`t�-'-a._^=--L``` ., -�� .9�,�✓�z,{_.�,�� �°'. /` 690 North Meridian. Suite 101 - Kalispell, MT 59901 - (406) 752-5246 - FAX (406) 752-5230 Letter to Chris Kukulski June 2, 2000 Page Two 10. J&F and the City agree that J&F and the other lot owners will, at the time of a residential connection, pay the samefees and charges as any other lot in the City would pay when connecting to the sewer. =v 11. The City agrees to create the SID for extending sewer into the property, fn= rho nhas havang 1 -P . J2.. _F.r,: T-he--0-ity-& assess`or"charge-4&-F-Construction--ar-the Sfilr ateg'Estates or -any o-the-costs a ex nding sewer to=wFithiry4OO--feet-of the-nsubdivxision-- ary — 14. J&F will place on the final plat for any phase not immediately connecting to City sewer the following statement. "The landowners of the property platted herein have petitioned for annexation to the City of Kalispell. 15. J&F will place on the final plat for any phase not immediately connecting to City sewer the following statement. "The landowners of the property platted herein have petitioned to create a Special Improvement District (SID) to construct the sewer collection, services, and connections to the individual houses 16. Streets within the subdivision prior to annexation will be private and owned by a Homeowner's Association. Concurrent with annexation, the Homeowner's Association shall deed to the City as a public street the previously private road. The City will be responsible for maintenance and snow removal. = qt;.,.,_ We are requesting early review of and return approval of a draft agreement. Our intent is to proceed with Phase I as soon as possible. Sincerely, THOMAS, DEAN & HOSKINS, INC. Auja,4 L�� „- - Michael W. Fraser, PE MWF:bd K00-012 D: \does\j&F\koo-012\jum2.00. kulailsld.ltr. doe Thomas, Dean & Hoskins, Inc. TD&H" Engineering Consultants T I June 2, 2000 Chris Kukulski City Manager City of Kalispell P.O. Box 1997 Kalispell, MT 59903-1997 RE: Stillwater Estates Dear Chris: T, ; dir _ a E R B Y: - - j- V- 1-- /- -------- We have from our subdivision application, review of the TSEP application process and J&F's goals for the development, prepared a number of conditions for J&F to annex and connect to Kalispell sewer. The conditions are not in final form or number. We are presenting thoughts to start the process of arriving at a final agreement whereby Stillwater Estates would annex and connect to City sewer extended to the site. J&F would develop the subdivision in three phases in nine years, or if longer, in a time period approved by the governing body. ? 2. Water system, street, and drainage improvements -would be constructed to County and City standards. The property described in Exhibit A will connect to City sewer when it is available to within 100 feet of the perimeter property boundary. 4. Sewer available to the site shall mean gravity sewer service to the property. 5. Within one year of sewer being available, the phases having completed final plat shall connect to the City sewer. All other phases will connect prior to final platting. 6. J&F as owners and developers agree to waive protest of creating a SID for construction of sewer to the phases having final plat. 7. J&F as owners and developers agree to participate in the SID costs for the phases having final plat in proportion to the ratio of total lots previously approved to lots not having final plat. Participation shall only be for sewer improvements necessary to serve the final plat portions. 8. J&F as developers and owners petition for annexation to the City. The annexation will not be approved by the City until gravity sewer service is available to within 100 feet of the property boundary. 9. J&F as developers and owners agree to pay all construction costs to connect to the City sewer commencing 100 feet from the property boundary. 690 North Meridian, Suite 101 ® Kalispell, MT 59901 ® (406) 752-5246 ® FAX (406) 752-5230 Letter to Chris Kukulski June 2, 2000 Page Two 10. J&F and the City agree that J&F and the other lot owners will, at the time of a residential connection, pay the same fees and charges as any other lot in the City would pay when connecting to the sewer. 11. The City agrees to create the SID for extending sewer into the property for the phases having final plat. 12. The City shall not assess or charge J&F Construction or the Stillwater Estates for any of the costs of extending sewer to within 100 feet of the subdivision boundary. 13. J&F as developers and owners acknowledge that a portion of the fees and charges paid, as any City user would pay, may be used to pay the cost of extending gravity sewer to the development. 14. J&F will place on the final plat for any phase not immediately connecting to City sewer the following statement. "The landowners of the property platted herein have petitioned for annexation to the City of Kalispell. The City will annex the property at such time as gravity sewer is within 100 feet of the subdivision. Owners of residences shall connect within one year of annexation." 15. J&F will place on the final plat for any phase not immediately connecting to City sewer the following statement. "The landowners of the property platted herein have petitioned to create a Special Improvement District (SID) to construct the sewer collection, services, and connections to the individual houses when gravity sewer is within 100 feet of the subdivision." 16. Streets within the subdivision prior to annexation will be private and owned by a Homeowner's Association. Concurrent with annexation, the Homeowner's Association shall deed to the City as a public street the previously private road. The City will be responsible for maintenance and snow removal. We are requesting early review of and return approval of a draft agreement. Our intent is to proceed with Phase I as soon as possible. Sincerely, THOMAS, DEAN & HOSKINS, INC. �W�Wja L/L-- Michael W. Fraser, PE MWF:bd K00-012 D: \docs\j&F\k00-012\june2.00. kukulski.ltr. doc