Staff Report/Final Plat Phase 11Tri-City PlanningOffice
17 Second Street East - Suite 211
Kalispell, Montana 59901
Phone: (406) 751-1850
Fax: (406) 751-1858
tricity@centurytel.net
REPORT TO: Kalispell Mayor and City Council
FROM: Narda A. Wilson, Senior Planner
Chris A. Kukulski, City Manager
SUBJECT Final Plat for Glacier Village Greens Phase XI
MEETING DATE: June 17, 2002
BACKGROUND: This is a request for final plat approval of Glacier Village Greens
Phase XI which creates 16 townhouse lots on approximately 2.518 acres at the north
end of East Nicklaus Avenue. The lots are intended to be developed with duplex
townhouses and each sublot will be conveyed separately. A homeowners park is
indicated along the Whitefish River to the east to establish and protect the riparian
corridor. The newly developed East Nicklaus Avenue will be dedicated to the City of
Kalispell. Most of the work has been completed with regard to water and sewer
extensions and roadway construction. However, there is some work yet to be
completed with regard to the roadway and sidewalks in the amount of approximately
$33,415. A subdivision improvements agreement has been submitted along with a
cashiers check in the amount of 125 percent of the improvements or $41,769. It is
anticipated that the improvements would be completed no later than October 31,
2002.
COMMENDATION: A motion to accept the subdivision improvements agreement
and approve the final plat for Glacier Village Greens Phase XI would be in order.
FISCAL EFFECTS: Minor positive impacts once developed.
ALTERNATIVES: As suggested by the city council.
Respectfully submitted,
K
Narda A. Wilson Chris A. Kukulski
Senior Planner City Manager
Report compiled: June 11, 2002
Attachments: Letter of transmittal
Final plat application and supporting documents
Providing Community Planning Assistance To:
® City of Kalispell ® City of Columbia Falls ® City of Whitefish
Tri-City PlanningOffice
17 Second Street East - Suite 211
Kalispell, Montana 59901
Phone: (406) 751-1850
Fax: (406) 751-1858
tricity@centurytel.net
June 11, 2002
Chris Kukulski, City Manager
City of Kalispell
P.O. Drawer 1997
Kalispell, MT 59901
Re: Final Plat for Glacier Village Greens Phase XI
Dear Chris:
Our office has received an application from Sand Surveying for approval of the final
plat for Glacier Village Greens Phase XI which creates 16 townhouse lots on
approximately 2.518 acres at the north end of East Nicklaus Avenue. The lots are
intended to be developed with duplex townhouses and each sublot will be conveyed
separately. A homeowners park is indicated along the Whitefish River to the east to
establish and protect the riparian corridor. The newly developed East Nicklaus
Avenue will be dedicated to the City of Kalispell. Most of the work has been completed
with regard to water and sewer extensions and roadway construction. However, there
is some work yet to be completed with regard to the roadway and sidewalks in the
amount of approximately $33,415. A subdivision improvements agreement has been
submitted along with a cashiers check in the amount of 125 percent of the
improvements or $41,769. It is anticipated that the improvements would be
completed no later than October 31, 2002.
The preliminary plat for this subdivision was approved by the Board of County
Commissioners on April 4, 2002 subject to 15 conditions. Since the plat was
approved, Glacier Village Greens has been annexed including this property. Hence the
final plat for this subdivision will be reviewed and approved by the Kalispell City
Council. The following is a list of the conditions of preliminary plat approval and a
discussion of how they have been met or otherwise addressed.
• . • • •, • •
Condition No. 1. Development of the subdivision shall be in substantial conformance
with the preliminary plat with the approved preliminary plat, which shall govern the
general location of the lots, roadways and open space.
® This condition has been met. The configuration of the lots, roadways and open space
areas are in substantial compliance with the approved preliminary plat.
Providing Community Planning Assistance To:
• City of Kalispell • City of Columbia Falls ® City of Whitefish
Final Plat for Glacier Village Greens Phase XI
June 11, 2002
Page 2
Condition No. 2. That the roadways within the subdivision shall be constructed in
accordance with the City of Kalispell's Design and Construction Standards for paved
streets. Upon completion of the roadways shall be approved by the City of Kalispell
Public Works Department and certified by a licensed engineer registered in the state of
Montana that the road system has been constructed accordingly.
This condition has been adequately addressed. The roadways have been designed in
accordance with City standards and reviewed and approved by the Kalispell Public
Works Department. Remaining improvements that have not been completed with
regard to the roadway have been addressed in the subdivision improvements
agreement.
Condition No. 3. That in addition to the paved roadway, curb and gutter shall be
constructed on both sides.
This condition has been adequately addressed. The remaining roadway
improvements have been addressed with the subdivision improvements agreement.
Condition No. 4. That a temporary gravel cul-de-sac shall be constructed at the
northern terminus of East Nicklaus Avenue which has a minimum of a 50 foot radius.
® This condition has been met. A temporary cul-de-sac has been constructed at the
northern terminus of the road in compliance with this condition.
Condition No. 5. That the fire access and suppression system, including the number
and location of fire hydrants shall, be reviewed and approved by the fire chief of the
Evergreen Volunteer Fire Department.
This condition has been met. A letter from the Evergreen Volunteer Fire Department
has been submitted with the final plat. Additionally, the Kalispell Fire Department is
satisfied with the fire access and suppression system for this subdivision. Since
some of the roadway work has not been completed, a note will be placed on the
building permit that requires an all weather access road approved by the fire
department to be in place prior to combustible material being on -site.
Condition No. 6. That a Certificate of Subdivision Approval be obtained from the
Department of Environmental Quality which shall approve the water and sewage
treatment facilities for the subdivision.
® This condition has been met. A certificate of subdivision approval was submitted
with the final plat application approving the water and sewer for the subdivision.
Condition No. 7. That a letter from the City of Kalispell be obtained which approves
the plans and specifications for the sewage treatment facilities and verifies that they have
been constructed in accordance with the approved plans.
Final Plat for Glacier Village Greens Phase XI
June 11, 2002 V
Page 3
® This condition has been met. From the Kalispell Public Works Department has been
obtained approving the sewage treatment facilities for this subdivision.
Condition No. S. That an engineered drainage plan be prepared by a licensed
profession engineer that retains the storm water runoff on -site or within established
drainage culverts.
® This condition has been met. An engineers certification from Carver Engineering has
been submitted with the final plat.
Condition No. 9. That a letter from the utility company be submitted that all new
utilities within the subdivision have been placed underground and extended to each lot.
® This condition has been met. Certification from Carver Engineering has been
submitted with the final plat and the utility installation has been verified by an on -
site inspection by the staff.
Condition No. 10. That a common off-street mail facility shall be provided by the
developer and approved by the local post office.
® This condition has been adequately addressed. A common mail facility has been
established in previous phases of the Glacier Village Greens development.
Condition No. 11. That the parkland dedication shall be met by proposed homeowners
park indicated on the preliminary plat.
® This condition has been met. The homeowners parks has been indicated on the final
plat and each lot designated a pro-rata share of the square footage for taxation
purposes.
Condition No. 12. That the roadways be named and signed in accordance with the
Flathead County Road Department Standards.
® This condition has been met. The extension of East Nicklaus Avenue has been
previously established and the roadway signed accordingly.
Condition No. 13. That a note shall be placed on the face of the final plat requiring
house numbers be posted on the house in a clearly visible location or at the driveway
entrance.
® This condition has been met. A note has been placed on the face of the plat requiring
the street addresses.
Condition No. 14. That a petition to annex to the City of Kalispell and notice of
withdrawal from the rural fire district shall be filed with the City of Kalispell upon final
plat submission.
Final Plat for Glacier Village Greens Phase XI
June 11, 2002
Page 4
This condition has been adequately addressed. This property was recently annexed
into the city of Kalispell. A copy of the petition to annex has been submitted with the
final plat.
Condition No. 15. That the preliminary plat is valid for a period of three years from the
date of approval.
This condition has been met. The final plat was filed prior to the expiration date and
in substantial compliance with the subdivision regulations.
COMPLIANCE WITH APPROVED PRELIMINARY PLAT: The final plat is in
substantial compliance with the preliminary plat which was reviewed and approved by
the city council on April 4, 2000.
COMPLIANCE WITH THE SUBDIVISION GULATIONS: This subdivision plat is in
compliance with the State and City Subdivision Regulations.
COMPLIANCE WITH THE ZONING GULATIONS: This subdivision is in
compliance with the Kalispell Zoning Ordinance which governs the dimensional
requirements of the lots within the subdivision and well as the uses within the various
areas of the development.
COMMENDATION: All of the conditions of preliminary plat approval have been
met or otherwise adequately addressed. The staff would recommend that the Kalispell
City Council approve the final plat for this subdivision. Please schedule this matter
for the regular city council meeting of June 17, 2002.
Sincerely,
-Aov
V4,
Narda A. Wilson
Senior Planner
NW/
Attachments: 1 opaque mylars of final plat
1 reproducible mylar of final plat
1 copy of final plat
Ltr from Sands Surveying dated 6/4/02
Final plat application dated 6/4/02
Letter from DEQ dated 5/7/00
SIA and eng estimate dated 6/4/02
Engineers certification dated 6/4/02
Final Plat for Glacier Village Greens Phase XI
June 11, 2002
Page 5
Ltr from Kalispell PW dated 6/ 12/02
Copy of petition to annex dated 4/8/02
Title report from Sterling Title Services dated 5/23/02
Treasurers Certification dated 6/03/02
Cashiers check for SIA - $41,769.
c: Sands Surveying, 2 Village Loop, Kalispell, MT 59901
Owl Corp, 500 Palmer Drive, Kalispell, MT 59901
Theresa White, Kalispell City Clerk
H: \... \KFP02-3.DOC
2E
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SANDS SURVEYING, INC.
2 Village Loop
Kalispell, MT 59901
406-755-6481
Fax 406-755-6488
June 4, 2002
Tri-City Planning Office
Attention: Narda Wilson, Senior Planner
17 Second Street East
Suite 211
Kalispell, MT 59901
Dear Narda:
RECEIVED
JUN 4 2002
TRI-CITY PLANNING OFFICE
Attached please find the materials necessary to file the final plat of Glacier Village Greens
Phase XI. I have listed the Conditions of Approval, and then subsequently addressed how each
Condition was met.
Glacier Village Greens, Phase XI, was granted Preliminary Plat approval on April 4, 2000 and
the approval expires as of April 4, 2003.
1. Development of the subdivision shall be in substantial conformance with the approved
preliminary plat, which shall govern the general location of the lots, roadways and open
space.
The Final plat is in substantial compliance with the approved preliminary plat.
2. That the roadways within the subdivision shall be constructed in accordance with the
City of Kalispell's Design and Construction Standards for paved streets. Upon
completion of the roadways shall be approved by the City of Kalispell Public Works
Department and certified by a licensed engineer registered in the State of Montana that
the road system has been constructed accordingly.
Please refer to the attached Subdivision Improvements Agreement.
3. That in addition to the paved roadway, curb and gutter shall be constructed on both
sides of the roadway.
This has been included within the Subdivision Improvements Agreement.
4. That a temporary gravel cul-de-sac shall be constructed at the northern terminus of East
Nicklaus Avenue which has a minimum of a 50-foot radius.
This is has been completed. Please refer to the attached letter from Andy Hyde
regarding infrastructure improvements.
5. That the fire access and suppression system, including the number and location of fire
hydrants, shall be reviewed and approved by the fire chief of the Evergreen Volunteer
Fire Department.
certifyingPlease refer to letter from the Evergreen Volunteer Fire Department, Chief Ted
that this conditionbeen
6. That a Certificate of Subdivision Approval be obtained from the Department of
Environmental Quality which shall approve the water and sewage treatment facilities for
the subdivision.
condition has been met
That a letter from the City of Kalispell be obtained which approves the plans and
specifications for the sewage treatment facilities and verifies that they have been
constructed in accordance with the approved plans.
.. -
have r
8. That an engineered drainage plan be prepared by a licensed professional engineer that
retains the storm water runoff on -site or within established drainage culverts.
Please refer to the attached letter from. .: regarding
improvements.
9. That all new utilities within the subdivision be placed underground and extended to each
lot.
10. That a common off-street mail facility shall be provided by the developer and approved
by the local post office.
11. That the parkland dedication shall be met by proposed homeowners park indicated on
the preliminary plat.
Please refer to the final plat for verification.
12. That the roadways be named and signed in accordance with the Flathead County Road
Department standards.
attachedFlease refer to the engineer's . that this conditionbeer
That a note shall be placed on the face of the final plat requiring house numbers be
posted on the house in a clearly visible location or at the driveway entrance.
14. That a petition to annex to the City of Kalispell and notice of withdrawal from the rural fire
district shall be filed with the City of Kalispell upon final plat submission.
15. That the preliminary plat is valid for a period of three years from the date of approval.
11 111 111111 ORION llpljllllj�11�11��l ljp�l =T
Thank you for your kind consideration of this final plat document. Please feel free to call
should you have any further questions or concerns.
rica Wirtala
aPlanning Office
17 • r St East, Suite 211
Kalispell,•,•I
j /FINAL PLAT A P�LICATIO
Project Name:
Contact Person: Owner & Mailing Address:
Name:-60nGl5 J�UYV�VI�7C ; �J7 �-
Address: 2 V0 10 G-P- L--O OD
l�C li �el1� MT 9c3o/
Phone No.: 7 -5" & 0 /43d
Date of Preliminary Plat Approval: &fin 420 100
WL- Cove (li"� De.v L . L . C )
1�a is�eI1, M T 5c990/
Type of Subdivision: Residential 'vl Industrial Commercial PUD Other
No. of Lots Proposed %& Parkland (acres) ' ' i b y a &
Land in Project (ac.)Cash-in-Lieu $
Exempt
FILLING FEE ATTACHED $ qQ0OV
-
Minor Subdivision with approved preliminary plat $300 + $25/lot
Major Subdivision with approved preliminary plat $500 + $25/lot
Subdivisions with Waiver of Preliminary Plat $450 + $25/lot
Subdivision Improvements Agreement $ 50
Not
Attached Applicable
(MUST CHECK ONE)
V
Health Department Certification (Original)
V
Title Report (Original, not more than 90 days old)
V
Tax Certification (Property taxes must be paid)l)
V
Consent(s) to Plat (Originals and notarized)
V
Subdivision Improvements Agreement (Attach collateral)
Parkland Cash -in -Lieu (Check attached)
—v7--
Maintenance Agreement
Plats: 1 opaque OR 2 Mylars
1 Mylar copy 1 signed blueline
4 bluelines 4 bluelines, unsigned
The plat must be signed by all owners of record, the surveyor and examining land surveyor.
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 Tri-City Planning Office, 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 Tri-City
Planning staff to be present on the property for routine monitoring and inspection during the
approval and development process.
O- advised that the County Clerk & Recorder subdivisiom
final plat applications be accompanied with a digital copy.
-Kdwner(s) Signature ' �G 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
S. A tie to either an existing subdivision corner or a corner of the public land survey system
As approved by the TCPB on 12/ 19/01
Effective 1 / 1 / 02
2
PF— "MONO
Montana
Department of
ENvmoNmENTALQuAuTy Judy H. Martz, Governor
P.O. Sox 200901 • Helena, MT 59620-0901 • (406) 444-2544 • www.deq.state.mt.us
ANDREW J. HYDE
CARVER ENGINEERING, INC.
1995 THIRD AVE E
KALISPELL MT 59901
RE: Glacier Village Greens Phase XI
Flathead County
E.Q. #01-2100
Dear Mr. Hyde:
The plans and supplemental information relating to the water supply, sewage, solid waste disposal, and storm
drainage (if any) for the above referenced division of land have been reviewed as required by ARM Title 17
Chapter 36(101-805) and have been found to be in compliance with those rules.
Two copies of the Certificate of Subdivision Plat Approval are enclosed. The original is to be filed at the
office of the county clerk and recorder. The duplicate is for your personal records.
Development of the approved subdivision may require a General Discharge Permit for Storm Water
Associated with Construction Activity. Please contact Brian Heckenberger at (406) 444-5310 for more
information. Failure to obtain this permit (if required) prior to development can result in significant
penalties.
Your copy is to inform you of the conditions of the approval. Please note that you have specific
responsibilities according to the plat approval statement primarily with regard to informing any new owner
as to any conditions that have been imposed.
If you wish to challenge the conditions of this Certificate of Subdivision Plat Approval, you may request a
hearing before the Board of Environmental Review or the Department, pursuant to Section 76-4-126, MCA
and the Montana Administrative Procedures Act.
If you have any questions, please contact this office.
Sincerely,
Theresa Blazi e ich, Supervisor
Subdivision Section
Water Protection Bureau
TB/tdp
cc: County Sanitarian
County Planning Board
Centralized Services Division • Enforcement Division • Permitting & Compliance Division • Planning, Prevention & Assistance Division • Remediation Division
STATE OF MONTANA
DEPARTMENT OF ENVIRONMENTAL QUALITY
CERTIFICATE OF SUBDIVISION PLAT APPROVAL
(Section 76-4-101 through 76-4-131, MCA 1995)
TO: County Cleric and Recorder E.Q. #01-2100
Flathead County
Kalispell, Montana
THIS IS TO CERTIFY THAT the plans and supplemental information relating to the
subdivision known as Glacier Village Greens Phase XI
A tract of land located in the Southwest '/4 Northeast '/4 and the Northwest '/4 Southeast '/4
of Section 32, Township 29 North, Range 21 West, P.M.M., Flathead County, Montana
consisting of sixteen (16) Lots have been reviewed by personnel of the Permitting and
Compliance Division, and,
THAT the documents and data required by ARM Title 17 Chapter 36 have been submitted and
found to be in compliance therewith, and,
THAT the approval of the Plat is made with the understanding that the following conditions shall
be met:
THAT the Lot sizes as indicated on the Plat to be filed with the county cleric and recorder will
not be further altered without approval, and,
THAT each Lot shall be used for one single-family dwelling, and,
THAT the public water supply system will be provided by the Flathead County Water & Sewer
District #1 — Evergreen, and public sewage treatment system will be provided by the Village
County Sewer District, City of Kalsipell, and,
THAT the public water supply shall be constructed in accordance with the approved plans and
specifications, consisting of approximately 450 lineal feet of 12 inch C900 PVC CL 150 water
main, one fire hydrant and appurtenances. The public sewage system shall be constructed in
accordance with the approved plans and specifications, consisting of approximately 230 lineal
feet of 8 inch SDR 35 PVC sewer main, one manhole and appurtenances. Approval is based on
the plan sheet 1 of 1 dated received March 13, 2001. Both the plans and specifications were
received under the seal of Andrew J. Hyde P.E. # 07939E, and,
THAT construction will be completed within three years of this date. If more than three years
pass before construction is completed, it shall be necessary to resubmit the plans and
specifications when construction is anticipated. This three-year expiration period does not extend
any compliance schedule requirements pursuant to enforcement action against a public
water/sewage system.
THAT the stonnwater drainage will consist of two curb inlets, a collection basin, one outlet in
the dispersal area, and a berm 20 feet x 200 feet x 20 feet in accordance with the approved plan
sheet 2 of 2 received dated May 7, 2001under the seal of Andrew J. Hyde, PE #7939E, and,
Page 2 of 2
Glacier Village Greens Phase XI
Flathead County
E. Q. #01-2100
THAT within 90 days after construction is completed upon a public water system, wastewater
system, or storm drainage system, or upon an extension of or addition to such a system, the
professional engineer shall certify to the Department that the construction, alteration or extension
was completed in accordance with the plans and specifications approved by the Department, and,
THAT project certification shall be accompanied by a complete set of "as -built" drawings
bearing the signature and seal of the professional engineer, and,
THAT instruments of transfer for this property shall contain reference to these conditions, and,
THAT the developer and/or owner of record shall provide each purchaser of property with a
copy of the Plat, and a copy of this document, and,
THAT plans and specifications for any proposed sewage treatment systems will be reviewed and
approved by the county health department and will comply with local regulations and ARM, Title
17, Chapter 36, Subchapters 3 and 9, before construction is started.
THAT departure from any criteria set forth in the approved plans and specifications and Title 17.
Chapter 36, Sub -Chapter 1,3, and 6 ARM when erecting a structure and appurtenant facilities in
said subdivision without Department approval, is grounds for injunction by the Department of
Environmental Quality.
THAT pursuant to Section 76-4-122 (2)(a), MCA, a person must obtain the approval of both the
reviewing authority under Title 76, Chapter 4, MCA, and local health officer having jurisdiction,
before filing a subdivision plat with the county clerk and recorder.
YOU ARE REQUESTED to record this certificate by attaching it to the filed in your office as
required by law.
DATED this 7t1' day of May, 2001
JAN P. SENSIBAUGH
DIRECTOR
By:
Theres .azic.,vich, Supervisor
Subdi 'sio , Section
Permitting and Compliance Division
Department of Environmental Quality
Owner's Name: Glacier Village Greens, Inc
C Carver Engineering, Inc.
Consulting Engineers
Civil
June 4, 2002 Structural
Environmental
Narda Wilson
Tri-City Planning Office
Kalispell, MT
Subject: Glacier Village Greens Phase XI
Status of Improvements
Dear Narda:
Please accept this letter as evidence that the public infrastructure improvements required for
Phase XI of Glacier Village Greens in the conditions of the Preliminary play approval have
been installed except for those items listed in the Subdivision Improvements Agreements.
Please let me know if you require additional information.
Sincerely,
CARVER ; ERING, INC.
T 'hip
t�f
A W
i
G
r'
��`� In : • . ;=' G�'`�^�
Andrew J.
AJH
GLACIER VILLAGE GREENS PHASE XI
SUBDIVISION IMPROVEMENTS AGREEMENT
COST ESTIMATE
JUNE 4, 2002
CONDITION
NUMBER
DESCRIl'`ITON
UNIT
UNIT
COST ,
QUANTITY
TOTAL
COST
2
PAVED ROADWAY
SF
$ 1.36
10,080
$ 13,664
3
CURB & GUTTER
LF
$ 10.20
720
$ 7,344
NOT REQUIRED
SIDEWALKS
SF
$ 2.60
1,850
$ 4,810
NOTREQUMM
DRIVEWAYS
1
SF
$ 2.95
1,728
$ 5,097
8 -
FINISH STORM DRAINAGE SYSTEM
LUMP SUM
1 $ 2,500
1
$ 2,500
THE ESTIMATED COSTS LISTED ABOVE ACCURATELY REFLECT THE ENGINEER'S OPINION OF CONSTRUCTION
COSTS FOR THE REMAINING IMPROVEMENTS REQUIRED IN THE CONDITIONS OF PRELIMINARY PLAT
APPROVAL OF TFIE GLACIER VILLAGE GREENS PHASE XI.
CARVER ENGINEERING, INC.
o [%j T,q`''^
A D E
70 H
w=
Ali ��1V AI ����,•
ANDREW J. HYDE, P.E.
6/4/02 8:25 AM Page 1 Sub Imp Agree Cost $ Est FINAL
City of Kalispell
Poet Once B=1997 - AallspdL Montane 89903-1997 - TekPhone (406)758-7700 F'aai406)758-7758
June 12, 2002
Andrew J. Hyde, P.E.
Carver Engineering, Inc.
1995 Third Avenue East
Kalispell, Montana 59901
Re: Glacier Village Greens Phase XI
Dear Andy:
Please also reference my letter dated March 30, 2001 approving the sanitary sewer and storm
drainage systems. I have reviewed the plans submitted this date which show the road section
including sidewalks. These plans are hereby approved by the Public Works Department. We look
forward to working with you on completing this project.
Respectfully,
Richard Amerman, P.E.
Assistant City Engineer
BY MESSENGER
V Co To: Narda Wilson, Senior Planner, Tri-City Planning Office
PY tY g
P.O. Box 5008
Kalispell., MIT 59903
USA
Pho-ne 752-4636
Fax 752-1540
May 7,2002
Duane. Bitney & George SCII"LI17,e
50Q Palmer Drive
Kalispell, Montana 59901
Dear Madam/ Sii-,
Subject-. Fire Review of Village Greens Phase XI.
On inspection of Village Greens Phase ' XIby Evergreen Volunteer Fire Department personnel.
The roads and hydrmt. spacing appear to meet the fire requirements of Evergreen "Volunteer
Fire De-
partn-ient.
Ken Cox
Evergreen Volunteer Fire, Chief
Ted Stewart
Evergreen Volunteer Fire, Fire Marshal
Td WUOT:E.0 ZOOFE LO OVSTEES2 : 'ON XU--4 : WD6 d
4 Tri-City Planning Office
17 Second St :East, Suite 211
Kalispell, N f 59901
Phone, (406) 751-1850 Fax: (406) 751-1858
PETITION FOR AXNEXATION AND INITIAL ZONING
CITY OF KALISPELL
NAME OF APPLICANT: FLATHEAD VILLAGE GREENS L.L.C.
MAIL ADDRESS: 500 PALMER DRIVE
CITY/STATE/ZIP:KALISPELL, MT. 59901 pgONE; 406-752-5666
INTEREST IN PROPERTY: OWNER
Other Parties of Interest to be Notified:
PARTIES OF INTEREST: HOMEOWNERS ASSOCIATION
MAIL ADDRESS: BOX 5173
CITY/STATE/ZIP: KAL I SPELL, MT 59901 'PHONE:4 0 6- 7 5 6- 0 8 0 0
TNTEREST.IN PROPERTY: HOMEOWNER AsSo .TLT1TNN
PLEASE COMPLETE THE FOLLOWING:
Address of the property: North end- of Fast Ni 1:a11_q -ar- _
Legal Description: see attached
-(Lot and Block of Subdivision; Tract #j
(Section, Township, Range) (Attach metes and bounds as Exhibit A)
The present zoning of the above propertyis: -R—
The proposed zoning of the above property is.=R-5
State the changed or changing conditions that make the proposed amendmeanecessary:
Proper now adjacent to city limits -continuation of earlier
approved master plan
The signing of this application signifies that the foregoing information is true and accurate based upon the
best information available and further grants approval for Tri-City Planning staff to be present on the
property for routine inspection during the anpexation process.
` (Applicant) (Date)
i APR - 2002
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GLACIER VILLAGE GREENS _ = CARVER ENGINEERING, TNC.
PHASE aI
Y4 $ Consulting l;llb'111cC1'S
LOT LAYOUTte KM sppol, nio = 59901
WATER AND SEWER PLAN
A TRACT OF LkND, SITUATED, LYING, AND BEING IN THE SOUTHWEST
QUARTER OF THE NORTHEAST, QUARTER AND IN THE NORTHWEST QUARTER OF
THE SOUTHEA.ST QUARTER OF SECTION 32, TOWNSHIP 29 NORTH, RANGE 21
WEST, P.X.,X., FLATHEAD COUNTY, XONTA", AND MORE PARTICULARLY
DESCRIBED AS FOLLOWS TO
M=IMIXG at the northwest corner of L4DT 9B, as shown on the Plat
of Glacier Village Greens, Phase X (records of Flathead County,
Montana), which is a found iron pin on the easterly R/W of a 60
foot private road and utility easement known as East Nicklaus
Avenue; Thence U78 I to a found iron pin on the
westerly R/W of said East Nicklaus Avenue; Thence leaving said R/W
X880461490W 108.00 feet to a found iron pin; -Thence W07*24-07"W
97.10 feet to a set iron pin; Thence X00046104"W 76.05 feet to a
set iron pin; Thence UO2*38132"E 38.01 feet to a. set iron pin;
Thence M04*321II: E 145.30 feet to a set iron pin; Thenc e I
S88*151160'Z 442.41 feet to the approximate left bank Whitefish
River; * Thence along said left bank S61 05,047"W 101.48 feet;
Thence leaving said bank U89*57921"W 21.27 feet to the approkbiate
thread of said Whitefish River; Thence along said thread the
following two (2) courses; S02*21113"E 247.57 feet; S03000,1270W
63.54 feet; Thence leaving said thread N88*46`49"W 0-95 eet to
the point of beginning and containing 2.929 ACRES,, uore orl,less;
Subject to and togepier with all appurtenant saawtents of record.
Hrn_UJ'NUL WCU U4i!y rl'l rLIML) Kr-U IJCV Urr1UC rrfn IYU. 4Uo too oral r, U4
PETITION NO,:
PETITION TO ANNEX .
AND
NOTICE OF WITHDRAWAL FROM RURAL FIRE DISTRICT
The undersigned hereinafter referred to as Petitioner(s) respectfully petition the City Council of
the City of Kalispell for annexation of the real property described below into the City of
Kalispell.
The Petitioner(s) requesting City of Kalispell annexation of the property described herein and
further described in Exhibit A hereby mutually agree with the City of Kalispell that immediately
upon annexation of the land all City of Kalispell municipal services will be provided to the
property described herein on substantially the same basis and in the same manner as such services
are provided or made available to other properties within the rest of the municipality.
Petitioner(s) hereby state that there is no need to prepare a Municipal .Annexation Service Plan for
this annexation pursuant to Section 7-2-4610, M.C_A, since the parties are in agreement as to the
provision of municipal services to the property requested to be annexed.
The �etitioner{s):,fuzzher ltrsr in �express«aA .intent to have the property as herein described
withdrawn from -:EVERGREEN VOL. Fire District under the provisions of Section
7-33-2127, Mon _ , '-lb corporated into this Petition to Annexis the
Notice requirement pursuant to said Section; and that upon proper adoption of an ordinance or
resolution of annexation by the City Council of the City of Kalispell, -the property shall be
detracted from said district.
In the event the property is not immediately annexed, the Petitioner(s) further agree(s) that this
covenant shall run; to, with, and be binding -upon the title of the said real property, and shall be
binding upon our heirs, assigns, successors in interest, purchasers, and any and all -subsequent
holders or owners of the above described.,prpperty.
This City hereby agrees to allow Petitioner(s) to connect and receive the utilities from the City of
Kalispell.
P titioner/Owner
Petitioner/Owner
Please return this petition to:
Tri-City Planning Office
17 2n' St Fast, Suite 211
Kalispell MT 59901
NOTE: Attach Exhibit A
STATE OF MONTANA )
ss
County of Flathead County
On this day of , _____, before me, the undersigned, a Notary Public for
the State of Montana, personally appeared known
to me to be the person whose name is subscribed to the foregoing instrument and acknowledged
to me that he/she executed the same,
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notary Seal the day and
year in this certificate first above written.
Notary Public, State of Montana
Residing at
My Commission expires:
STATE OF MONTANA )
: ss
County of Flathead County
On this 41�day of �, ,ujj 0 efore me, the and signed, a Notary Public for
the State of Montana, pers,&ally appeared 1p,�@k LIJ tz-6Q known
to me to be the person whose name is subscribed to the foregoing instrument and acknowledged
to me that he/she executed the same.
IN WITNESS VIWA ,,oF, I have hereunto set my and affixed my otary Seal the day and
year in this Gei�gcgtertabove written.
® a: �0TAR(,gr .,y Notary Public to of Montana
® _ ResidingSEAL at
o My CommissioA expires: 31 D�
STATE OIL Q��
County of Flathead
On this day of , before me, the undersigned, allotary Public for
The State of Montana, personally appeared and
the , and
respectively, of the
corporation that executed the foregoing instrument, and the persons who executed said instrument
on behalf of said corporation, and acknowledged to me that such corporation executed the same,
IN WITNESS N+ IiEREOF, I have hereunto set my hand and affixed my Notary Seal the day and
year in this certificate first above written.
Notary Public, State of Montana
Residing at
My Commission expires
PRELIMINARY SUBDIVISION CERTIFICATE OF TITLE
Policy No. 7208926- 1 1 1 Q
CHICAGO TITLE INSURANCE COMPANY
To the County of Flathead and the City of Kal i spel 1 in Montana
CHICAGO TITLE INSURANCE COMPANY, a corporation organized and existing under the laws of the State
of Missouri, with its principal office in the City of Chicago, Illinois, and duly authorized to insure titles in
Montana hereby certifies that from its examination of these public records which impart constructive notice of
matters affecting the title to the real estate described in Schedule A hereof, as of the 23rd day of
May , 2002 , at 5 o'clock P.M., the title to the described real estate was indefeasibly vested in fee
simple of record in:
Go Development, L.L.C.,
A Montana Limited Liability Company
subject only to the objections, liens charges, encumbrances and other matters shown under Schedule B hereof.
The maximum liability of the undersigned under this certificate is limited to the sum of $10 , 000.00
This certificate of title is made in consideration of the payment of the premium by the subdivider of the land and
for the use of the County and City above named.
Authorized Sigr
CHICAGO TITLE INSURANCE COMPANY
PraskWit
ATTEST
1;�� I A secrewv
Reorder Form No. 9113 (Reprinted 12/00)
Preliminary Subdivision Certificate of Title
For Use In Montana
SCHEDULE A
Page 2 Certificate No.: 7208926-1110
Our File No.: CG-33345
Being the legal description of the real estate covered by this
certificate.
The following -described parcels of real estate:
A Tract of land, situated, lying, and being in the Southwest
Quarter of the Northeast Quarter (SW1/NE1/) and in the Northwest
Quarter of the Southeast Quarter (NWl/SE1/) of Section 32,
Township 29 North, Range 21 West, P.M.,M., Flathead County,
Montana, and more particularly described as follows:
Beginning at the Northwest corner of Lot 9B, as shown on the
Plat of Glacier Village Greens, Phase X (records of Flathead
County, Montana), to a point on the Easterly R/W of a 60 foot
private road and utility easement known as East Nicklaus
Avenue; thence
North 78/25127/1 West, a distance of 60.99 feet to a point on the
Westerly R/W of said East Nicklaus Avenue, which is the P.C.
of a 370.00 foot radius curve, concave Southwesterly (radial
bearing North 88046149/1 West); thence Northeasterly and
Northwesterly along said R/W and along said curve through a
central angle of 03005155/1 an arc length of 20.01 feet to a
point; thence leaving said R/W
North 88046149/1 West, a distance of 114.00 feet; thence
North 04050120/1 West, a distance of 38.21 feet; thence
North 08045145/1 West, a distance of 38.58 feet; thence
North 05017151/1 West, a distance of 38.25 feet; thence
North 01010124/1 West, a distance of 38.03 feet; thence
North 02054145/1 East, a distance of 38.02 feet; thence
North 04032100/1 East, a distance of 114.19 feet; thence
South 88046149/1 East, a distance of 144.05 feet to the
centerline of said road; thence along said centerline
South 04032100/1 West, a distance of 20.03 feet; thence leaving
said centerline
South 88046149/1 East, a distance of 197.80 feet to the
approximate thread of Whitefish River; thence along said
thread the following two (2) courses;
South 0202111311 East, a distance of 251.95 feet;
South 03000127/1 West, a distance of 63.54 feet; thence leaving
said thread
North 88046149/1 West, a distance of 170.95 feet to the Point of
Beginning.
To Be Known as: GLACIER VILLAGE GREENS, PHASE XI
Page 3 Certificate No.: 7208926-1110
Our File No.: CG-33345
Being all of the estates, interests, equities, lawful claims, or
demands, defects, or objections whatsoever to title; and all
easements, restrictions, liens, charges, taxes (general, special,
or inheritance, or assessments of whatever nature), or
encumbrances; and all other matters whatsoever affecting said
premises, or the estate, right, title, or interest of the record
owners, which now do exist of record.
1. Property taxes, including any assessments collected with the
taxes, for the year 2002.
2. Taxes, charges, and assessments of Village County Sewer
District, payable with the general taxes.
3. Reservations in Patents or the acts authorizing the issuance
thereof.
4. Mineral rights, claims or title to minerals in or under said
land, including but not limited to metals, oil, gas, coal, or
other hydrocarbons, sand, gravel or stone, and easement or
other rights relating thereto, whether express or implied,
recorded or unrecorded.
5. Any claim arising from the difference in the mean low water
of Whitefish River and the meander line as shown by the
Government Survey.
6. The right of use, control, or regulation by the United States
of America in exercise of power over navigation.
7. Right of the Public to use, for recreational and navigational
purposes, any portion of said premises lying below or beyond
the line of high-water of Whitefish River, or lying below or
beyond any government meander line, together with the right
to use portions of said premises lying above the high-water
line to portage around any barriers.
8. Agreement for waterworks system, recorded July 14, 1906 under
Recorder's Fee #3491, in Book 54, page 635, and agreement
conveying said waterworks system, recorded March 6, 1915
under Recorder's Fee #697, in Book 112, page 332, records of
Flathead County, Montana.
9. Notice of Appropriation of Water Right, recorded September
23, 1919 under Recorder's Fee #3353, in Book 129, page 170,
records of Flathead County, Montana.
10. Notice of Appropriation of Water Right, recorded August 24,
1936 under Recorder's Fee #2621, in Book 221, page 297,
records of Flathead County, Montana.
11. Easement for transmission line and related purposes granted
to Pacific Power & Light Company, recorded March 17, 1958
under Recorder's Fee 41704, in Book 414, page 455, records of
Flathead County, Montana.
12. The restrictive covenant that mobile homes or factory built
homes designed for transport wherein the transport frame is
an integral part of the structure shall not be allowed on the
property, notice given by instrument recorded November 14,
1991 as Document #9131809210, records of Flathead County,
Montana.
13. Easement for transmission line and related purposes granted
to Northwestern Telephone Systems, Inc., by instrument
recorded November 8, 1985 as Document #8531211540, records of
Flathead County, Montana.
14. Terms and provisions contained in the Articles of
Incorporation of Glacier Village Greens, Subdivision Phase I
Homeowners Association, Inc., and By -Laws of Glacier Village
Greens Subdivision Phase I, Homeowners Association, Inc.,
recorded November 17, 1988 as Document #8832213420, records
of Flathead County, Montana.
15. Certificate of Inclusion of Additional Territory into
Flathead County Water District #1 - Evergreen, and rules and
regulations adopted thereby, recorded March 26, 1986 as
Document #8608513410, records of Flathead County, Montana.
16. Village County Sewer District Levy of Assessment filed
September 2, 1988 as Document #8824609380, records of
Flathead County, Montana.
17. Terms and provisions contained in Agreement regarding the
development of Glacier Village Greens, recorded October 5,
1989 as Document #8927811250, records of Flathead County,
Montana.
18. Easement for transmission line and related purposes granted
to Pacific Power & Light Company, a corporation, recorded
August 22, 1986 as Document #8623409430, records of Flathead
County, Montana.
19. Terms and provisions contained in Interlocal Agreement
regarding Flathead County Water & Sewer District No. 1 -
Evergreen, filed October 25, 1990 as Document #9029809200,
records of Flathead County, Montana.
20. Terms and provisions contained in Interlocal Agreement
regarding Sanitary Sewer for Evergreen Water and Sewer
District, filed November 27, 1991 as Document #9133111370,
records of Flathead County, Montana.
21. Easement for transmission line and related purposes granted
to Pacificorp, a corporation, dba Pacific Power & Light
Company, recorded March 23, 1992 as Document #9208315180,
records of Flathead County, Montana.
22. Easement for transmission line and related purposes granted
to The Montana Power Company, recorded October 20, 2000 as
Document #200029409030, records of Flathead County, Montana.
23. Terms and provisions contained in Resolution No. 4590
regarding annexation to the City of Kalispell, recorded
November 2, 2001 as Document #200130609070, records of
Flathead County, Montana.
24. Temporary Cul-De-Sac as shown on Certificate of Survey
#15027.
25. Certificate of Private Roadways, utility easement certificate
and notes as shown on the unrecorded plat of Glacier Village
Greens, Phase XI.
26. A 60 foot private road and utility easement known as East
Nicklaus as shown on the unrecorded plat of Glacier Village
Greens, Phase XI.
27. Ten foot utility easements as shown on the unrecorded plat of
Glacier Village Greens, Phase XI.
28. Golf course maintenance easements as shown on the unrecorded
plat of Glacier Village Greens, Phase XI.
29. A 55 foot radius temporary cul-de-sac as shown on the
unrecorded plat of Glacier Village Greens, Phase XI.
30. The requirement that Sterling Title Services be furnished a
copy of Go Development, L.L.C.'s agreement, authorizing
proposed transaction and directing the execution of the
proper instruments.
31. No search has been made for water rights and unpatented
mining claims and liability thereon is excluded from coverage
of this Certificate.
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c MVN — Y LOCATIWJ WITH REFERENCE JQ
STREW T 'AND OTHER PARCELS. NO
�, �1r 1 11 2CB 3B'EPR S �!TATION IS MADE AST ACCURACY
E i s RffL10AAN w s AND T RLI��G TITLE SERVICES SSUMES
t 1 r¢ I AM I vO i.l, B LITY FOR ANY
N LOSS OC URRiNG BY
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-- 99 a 1 — — — — — — — — —
—
2A t 1 . .� 2CA 3B8D �
FLATHEAD COUNTY, MONTAbMk
800 S. MAIN
IMLISPET-T , MT 59901
(406) 758-5510
THIS FORM IS FOR SUBDIVISIONS AND CONDOMINIUMS ONLY
td 4-
1/0
0�ccod
BY:
FOR: S DATE:
DESCP: G r-e- e. r-QS ph PURPOSE:
Q
1992 THRU /fll(y 0 ? 7 7 /,3,S-
AND TO DATE 4 allt,4
I hereby certify that there are no outstanding taxes on the
property as -signed the assessor numbers listed above, for the years
indicated for each assessor number.
- -- -------
DEPUTY T;
-9'ALJUN 0 3 200Z
P.O. BOX 27 a KALISPELL, MT 59903
OWL___COR_PORATION_ ___