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Staff Report/Final Plat Phase 15Planning Office Second17 Street East - Suite 211 Kalispell, . . ..`.: 59901 Phone: (406) 751-1850 Fax: (406) 751-185 tricity&entHWel.net www.tricityplanning-mt.com PORT TO: Kalispell Mayor and City Council FROM: Tom Jentz, Director Chris A. Kukulski, City Manager SUBJECT Final Plat for Flathead Village Greens Subdivision Phase 15 MEETING DATE: November 3, 2003 BACKGROUND: This is a request for final plat approval of Flathead Village Greens 15. This phase contains 10 single-family lots on approximately 2.268 acres and is situated at the north end of Palmer Drive. The newly developed extension of Palmer Drive ending in a temporary cul-de-sac will be dedicated to the City of Kalispell. All of the work associated with the development of this subdivision has been completed except for boulevard seeding and street tree planting which are addresses in a subdivision improvements agreement, attached. The subdivision improvements agreement is secured by a bond in the amount of $ 6,000 which constitutes 125% of the cost of the required improvements. The preliminary plat for this subdivision was approved by the City Council on December 10, 2002 subject to 16 conditions. The applicant has complied with all conditions of approval and the attached subdivision has been found to be in substantial compliance with the State and City Subdivision Regulations. RECOMMENDATION: A motion to accept the subdivision improvements agreement in the amount of $6,000 and approve the final plat for Flathead Village Greens, Phase 15 would be in order. FISCAL EFFECTS: Potential minor positive impacts once developed. ALTERNATIVES: As suggested by the City Council. Respectfully submitted, Tom Jentz Chris A. Kukuls1d Director City Manager Report compiled: October 28, 2003 Attachments: Letter of transmittal Final plat application and supporting documents Providing Community Planning Assistance To: ® City of Columbia Falls ® City of Kalispell ® City of Whitefish Tri-City 17 Second Street East - Suite 211 Kalispell, Montana 59901 Phone: (406) 751-1850 Fax: (406) 751-1858 tricity@centurytel.net October 28, 2003 Chris Kukulski, City Manager City of Kalispell P.O. Drawer 1997 Kalispell, MT 59901 Re: Final Plat for Glacier Village Greens Phase 15 Dear Chris: Our office has received an application from Sands Surveying for approval of the final plat for Glacier Village Greens Phase 15 which creates 10-single family lots on approximately 2.268 acres at the north end of Palmer Drive. The newly developed extension of Palmer Drive ending in a temporary cul-de-sac will be dedicated to the City of Kalispell. All of the work associated with the development of this subdivision has been completed except for boulevard seeding and street tree planting which are addresses in a subdivision improvements agreement, attached. The subdivision improvements agreement is secured by a cashier's check in the amount of $ 6,000 which constitutes 125% of the cost of the required improvements. The preliminary plat for this subdivision was approved by the City Council on December 10, 2002 subject to 16 conditions. 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 platted in substantial compliance with the approved preliminary plat which governs the location of lots and roadways within the subdivision. This condition has been met. The configuration of the lots, roadways and open space areas are in substantial compliance with the approved preliminary plat. Condition No. 2. That the roadways serving the subdivision shall be constructed in accordance with the adopted Design and Construction Standards for the City of Kalispell for local roads and include the pavement, curbs, gutters, storm drainage, sidewalks and a minimum five foot landscape boulevard with street trees placed in accordance with a plan approved by the parks and recreation director. A letter from an engineer licensed in the State of Montana certifying that the improvements have been installed according to the required specifications shall be submitted at the time of final plat approval along with a letter from the Kalispell Public Works Department stating that the required improvements have been inspected and comply with the City standards. Providing Community Planning Assistance To: ® City of Kalispell ® City of Columbia Falls ® City of Whitefish Final Plat for Glacier Village Greens Phase 15 October 28, 2003 Page 2 ® This condition has been adequately addressed per letter of certification from the applicants engineer Paul Wells in a letter dated October 3 to Frank Castles, Kalispell Public Works. In addition please find attached a letter dated October 16, 2003 from Assistant City Engineer Frank Castles verifies completion and acceptance of the work except for street trees and re- seeding the boulevard. The applicant has coordinated his plans with the Parks Director and purposes bonding for these items. These items are included in a subdivision improvements agreement. Condition No. 3. That a letter be obtained from the Kalispell Public Works Department approving the sewer and drainage facilities for the subdivision. ® This condition has been adequately addressed per letter of certification from the applicants engineer Paul Wells in a letter dated October 3 to Frank Castles, Kalispell Public Works. In addition please find attached a letter dated October 16, 2003 from Assistant City Engineer Frank Castles verifies completion and acceptance of the work. Condition No. 4. That a geotechnical analysis of the slope areas to the north and to the west of the proposed subdivision be performed that insure the stability of the slope and identify any potential for failure due to development of the subdivision or other construction .that might occur. The report shall be submitted to the Kalispell Public Works Department for their review and approval. ® This condition does not apply to this phase. Condition No. 5. A storm water drainage plan which has been designed by an engineer licensed in the State of Montana shall be prepared which complies with the City's Design and Construction Standards and shall be reviewed and approved by the Kalispell Public Works Department. ® This condition has been met per letter dated February 25, 2003 from Assistant City engineer Frank Castles. Condition No. 6. That the developer obtain a letter from the Evergreen Water District or their engineer approving the water main extension and certifying that any necessary improvements have been completed. ® This condition has been met per letters from Roberta Struck, Evergreen Water and Sewer District Manager dated March 12, 2003 approving the design and letter dated October 16 certifying installation and completion. Condition No.7. The road within the subdivision shall be named and signed in accordance with the policies of the Kalispell Public Works Department and the Uniform Traffic Control Devices Manual and be subject to review and approval of the Kalispell Fire Department. ® This condition has been met per letter from Fire Marshall Jun Stewart dated October 22, 2003. Final Plat for Glacier Village Greens Phase 15 October 28, 2003 Page 3 Condition No. S. The developer shall provide a letter from the U.S. Postal Service approving the plan for mail service. This condition has been met as the project will continue to use previously installed and approved facilities on -site. Condition No. 9. Street lighting shall be located within the subdivision and shall be shielded so that it does not intrude unnecessarily onto adjoining properties. ® This condition has been adequately addressed per letter of certification from the applicants engineer Paul Wells in a letter dated October 3, 2003 to Frank Castles, Kalispell Public Works. In addition please find attached a letter dated October 16, 2003 from Assistant City Engineer Frank Castles that verifies completion and acceptance of the work. Condition No. 10. That the parkland dedication requirements shall be met by recognizing the existing park and parking improvements as well as open space within the development. ® This condition has been through previous parkland donations and existing parkland open space designations. Condition No. 11. All utilities shall be installed underground. ® This condition has been met per site inspection and per letter from Assistant city Engineer Frank Castles dated October 16, 2003. Condition No. 12. That the fire access and suppression system comply with the Uniform Fire Code and a letter from the Kalispell Fire Department approving the access and number and placement of fire hydrants within the subdivision as well as fire flows and access shall be submitted with the final plat. The fire access and suppression system shall be installed and approved by the fire department prior to final plat approval. ® This condition has been met per letter from Fire Marshall Jim Stewart dated October 22, 2003. Condition No. 13. That a minimum of two-thirds of the necessary infrastructure for this subdivision shall be completed prior to final plat submittal. ® This condition has been adequately addressed. The only remaining activities to complete are seeding of the boulevards and installation of street trees. Both are addressed in the attached subdivision improvements agreement and associated bond. Condition No. 14. All areas disturbed during development of the subdivision shall be re -vegetated with a weed -free mix immediately after development. This condition has been adequately addressed. The applicant is in the process of re- seeding the disturbed areas but has not completed the activity. This project is included in the attached subdivision improvements agreement. Final Plat for Glacier Tillage Greens Phase 15 October 28, 2003 Page 4 Condition No. 15. That the boundaries of the 100-year floodplain be established and delineated on the final plat. ® This condition is not applicable to this plat as the nearest floodplain is several hundred feet away. Condition No. 16. That the preliminary plat is valid for a period of three years from the date of approval with a three-year extension as the final plat for each phase is filed. This condition has been met. The preliminary plat was filed on December 10, 2002. 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 December 10, 2002. COMPLIANCE WITH THE SUBDIVISION REGULATIONS: This subdivision plat is in compliance with the State and City Subdivision Regulations. COMPLIANCE WITH TIME 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 and execute the attached subdivision improvements agreement. Please schedule this matter for the regular City Council meeting of November 3, 2003. Sincerely, Thomas R. Jentz Director TJ/ sm Attachments: 1 opaque mylars of final plat 1 reproducible Mylar of final plat 1 copy of final plat Ltr from Sands Surveying dated 10/22/03 Final plat application dated 10 / 21 / 03 Letter from DEQ (EQ#03-2287) dated 3/21/03 Letter from Richard Montgomery, Flathead city county Health Dept. dated 4/9/03 Letters from Evergreen Water & Sewer Dist. dated 3/ 12/03 & 10/16/03 Letters from Paul Wells, PE dated 10/3/03 & 9/30/03 Final Plat for Glacier Village Greens Phase 15 October 28, 2003 Page 5 Letters from Frank Castles, Assistant City Engineer dated 2/25/03 and 10/16/03 Letter from Jim Stewart, City Fire Marshall dated 10/22/03 Title report Sterling Title Services dated 9/25/03 (7208926-1177) Treasurers Certification dated 3/ 11/03 Subdivision Improvements Agreement dated 10/28/03 Cashier's Check in the amount of $ $6,000 c: Sands Surveying, 2 Village Loop, Kalispell, MT 59901 Owl Corp, 500 Palmer Drive, Kalispell, MT 59901 Theresa White, Kalispell City Clerk WPM THIS AGREEmzNT, made and entered into this 7-5 day of OC4b b er ,2o03. by and between the crry COUNCIL CITY OF KALIS .rg4 4U "AN D% of tW First Part and hereirtafter referred to as the CITY and MARK •. r - 1 . a _ is • ,: � � �.�..�... WrrNESSETIEL- THAT WHEREAS, the Developer is the owner and developer of a new subdivision kmm as FLATHEAID GE GREENS PHASE 15 , located at WEST PALMERand, the City has conditioned its approval of the final plat of FIATHEAD VIUAGE GREENS PHASES 14-22 ,upon the conditions as set forth in the Preliminary Plat of the Subdivision being completed and all improvements, as cited in 'Exhibit A" have not been completed at this tint, and the Developer wishes to bond for the completion of those 'improvements set forth in "Exhibit A"; and the City's Subdivision Regulations require that a subdivider shall provide a financial security of 125% ofthe estimated total cost of construction of said improvements as evidenced by an estimate prepared by a licensed public engineer included herewith as "Exhibit F'; and the estimated total cost of construction of said improvements is the sum of $ 4800.00 NOW THEREFORE,in consideration of r• • of r final plat of , • Sulklivision by r the Developer hereby agrees as follows: 1. The Developer shall deposit as collateral with the City a Letter of Credit, or other acceptable collateral as determined by the KALISPELL CITY COUNCIL, in the amount of $ 6000.00 . Said Letter of Credit or other collateral shall have an expiration date of at least sixty (60) days following the date set for completion of the improvements, certifying the following: a That the creditor guaranteed funds in the sum of $ 6000.00 the estimated cost of completing the required improvements in FLATHEAD GE GREENS, PHASE 15 b. That if the Developer fails to complete the specified impovements within the required period, the creditor will pay to the CIty immediately, and without further action, such funds as are necessary to finance the completion of those improvements up to the limited of credit stated in the letter, 2. That said required improvements shall be fully completed by JUNE 1 3. That upon completion of the required improvements, the Developer shall cause to be filed with the City a statement certifying that: a. All required improvements are complete, b. That the improvements are in compliance with the minimum standards specified by the City for their construction and that the Developer warrants said improvements against any and all defects for a period of one (1) year from the date of acceptance of the completion of those improvements by the City, C. That the Developer knows of no defects in those improvements; d That these improvements are free and clear of any encumbrances or liens, e. That a schedule of actual construction costs has been filed with the City - �;-- - Iq=_ y ,.: M;. �- 1 / " 1 a ' 1 I-' ♦,-i .� 1 1 n .. • 1 1 • 11 �. U 1' 11ro "11.I0 :1 lag P:4 ! 1ILI AI 11 ' :r. " II 7 , 11 " 1 ti 1,, f." 1 I :#. 1 " 1 " i1 1 1 II ,. La- � 1 * F+. 1 r ► 1 1 IT IS 1 AGREED BY AND BETWEEN THE PARTIES 11 r' 1 AS FOLLOWS, That the Developer, upon request, shall provide for inspection of all required improvements by a registered professional engineer before the Developer shall be released from the Subdivision Iniprovement Agreement That if the City dellermines that any Itprov 11 " t are not constructed in compliance with the specifications,,..al flunish. the Developer with a list of specificdeficiencies and may hI l 0 1 collateral sufficient/ insure such i it 11 1 ,: f:.►' if the ._- - 11 1:•. r, 1- �-,- r•r- 1+; i1/YI ...; ,I r , - IIr♦ -tl-1n. ,.►• •.Ii- > 1 r- �.. It✓,11'F rr 1 1 " 1":, :.. 1. 11 - 11 /r 11 . i ri, 1..:' i, 1-0. "il r: l'.. . 1 1... 11. l:" 1-w..�Y.Y.: 1 ♦r1.YI .M I <�. improvement or improvements:1 accordance with the spocifications. The unused portion' of the collateral shall be returned to :ar;.. Developer or the crediting institution, as is appropriate. I;1 :i '' 1 1-', rx 1, - 1•- - 1 1 :+ 1- I,Ir>, ,1I � 1- rr,, .1I .::; 1- _ n Ia1 - _ IaI Cli . 1 I' ' : • 1 1 ' / 1 riot • . 1 by; e (T1tle) 1' subdivider1_. I warrant tI - design, construchon materials 1 r workmanship of ie improvementagainst my Y.. 3.- ,r defi)ct in design, COUSMY.W11, material/r workmanship which is discovered 11 more 1,1 1i" year 1,U. the date of accepmoe STATE"OF MONTANA,1 OF HATBEAD .' 1 i � . day 1. 1 �i'' pa I t . 'r: • . .. the - ,Montana, personally &,al -whose name is subscribed to the fore •,inkment and acimowledged to 11.- tbW he executed the sme My Commission / C2 /� d $15 0416$0010 J set my hand and affixed my Notary Seal this dad written. iA C/ 49 ®®s•®®`OF a®-Iba®o L,T• ��p V/'�7�bF- J MAiOR Conditions of Approval as set forth by Kalispell City Cmxfl Page A-26 - Appendix 0,14:11-36M Conditions of approval as fixed to the ,preliminary plat by the City Council, Kalispell, Montana. This agreement specifically includes the following improvements, their projected construction completion date and estimated construction costs. CHECK CONSTRUCTION ESTIMATED APPROPRIATE COMPLETION CONSTRUCTION IMPROVEMENTS BOX DATE COSTS Street Grading/Paving Street Base Sidewalks Curbs and Gutters Sanitary Sewers Mains Other ( ) On -Site Sewage Facilities Water Systems Mains Other( ) On -Site Water Supply Water Storage Tanks Fire Hydrants Storm Sewer or Drainage. Facilities Street Sites Street Lighting Street Monuments Survey Monument Boxes Landscaping 6-�'e.e--t- -f re PS lP/1 /a y $4800 x . 25 Other ( ) !�e 2Gt i n SUBTOTAL -(pQQ(j, ao FEESd G� _ TOTALS COSTS TOTAL COLLATERAL (TOTALS COSTS X 125%) {t '�; Affia �� SANDS SURVEYING, INC. 2 Village Loop Kalispell, MT 59901 406-755-6481 Fax 406-755-6488 Ile — October 22, 2003 r RECEIVED Tom Jentz, Director Tri-City Planning Office r: OCT 2 2 2003 17 Second Street East, Suite 211 Kalispell, MT 59901 RG-C Lek �4� F� RE: Flathead Village Greens Phases XV and XVI " Dear Tom: Attached please find the materials required for the review of Flathead Village Greens Phases XV and XVI final plats. This was granted preliminary plat approval on December 10, 2002 and will expire on December 10, 2005. The following is the list of Conditions of Subdivision Approval and how each Condition was met. 1. Development of the subdivision shall be platted in substantial compliance with the approved preliminary plat which governs the location of lots and roadways within the subdivision. The renal plats submitted for Phases XV and XVI are in substantial compliance with the approved preliminary plat 2. That the roadways serving the subdivision shall be constructed in accordance with the adopted Design and construction Standards for the City of Kalispell for local roads and include the pavement, curbs, gutters, storm drainage, sidewalks and a minimum five foot landscape boulevard with street trees place in accordance with a plan approved by the Parks and Recreation director. A letter from an engineer licensed in the State on Montana certifying that the improvements have been installed according to the required specifications shall be submitted at the time of final plat approval along with a letter from the Kalispell Public Works Department stating that the required improvements have been inspected and comply with the City standards. Please refer to the attached letters from WMW Engineering and the City of Kalispell, Department of Public Works 3. That a letter be obtained from the Kalispell Public Works Department approving the sewer and drainage facilities for the subdivision. Please refer to the attached letter. 4. That a geotechnical analysis of the slope areas to the north and to the west of the proposed subdivision be performed that pertain to the stability of the slope and identify any potential for failure due to development of the subdivision or other construction that might occur. The report shall be submitted to the Kalispell Public Works Department for their review and approval. Attached is a geo-technical report from GMT Consultants, Inc., with their recommendations for lots 3,4 and 5 of Phase I. 5. A storm water drainage plan which has been designed by an engineer licensed in the State of Montana shall be prepared which complies with the City's Design and Construction Standards and shall be reviewed and approved by the Kalispell Public Works Department. -- • - r-..-.. Environmental Quality. 6. That the developer obtain a letter from the Evergreen Water District or their engineer approving the water main extension and certifying that any necessary improvements have been completed. 7. The road within the subdivision shall be named and signed in accordance with the policies of the Kalispell Public Works Department and the Uniform Traffic Control Devices Manual and be subject to review and approval of the Kalispell Fire Department. KalispellDepartment 8. The developer shall provide a letter from the U.S. Postal Service approving the plan for mail service. These phases will utilize existing, pre -approved mail facilities. 9. Street lighting shall be located within the subdivision and shall be shielded so that it does not intrude unnecessarily onto adjoining properties. Please refer to the attached letter from the Kalispell Public Works Department and kmW Engineering stating that all improvements are in place. 10. That the parkland dedication requirements shall be met by recognizing the existing park and parkland improvements as well as open space within the development. 11. All utilities shall be installed underground. All utilities have been installed underground 1Z That the fire access and suppression system comply with the Uniform Fire Code and a letter from the Kalispell Fire Department approving the access and number and placement of fire hydrants within the subdivision as well as fire flows and access shall be submitted with the final plat. The fire access and suppression system shall be installed and approved by the fire department prior to final plat approval Please refer to the attached letter from Jim Stewart of the Kalispell Fire Department Fire flows were measured by Evergreen Water and I have attached those figures. 13. That a minimum of two-thirds of the necessary infrastructure for this subdivision shall be completed prior to final plat submittal. completed. Refer to the attached engineer's letter. 14. All areas disturbed during development of the subdivision shall be re -vegetated with a weed -free mix immediately after development. All areas will be done in conjunction with the planting 15. That the boundaries of the 100-year floodplain be established and delineated on the final plat. 16. That preliminary plat approval shall be valid for a period of three years from the date of approval with a three year extension as the final plat for each phase is filed. The preliminary plat is filed before the expiration deadline. Thank you for your kind attention to these final plats. Please feel free to call should you have questions, concerns or require additional information. Sincerely, rica wirtala Planning Office Second17 St East, Suite 211 Kalispell, MT 59901 Phone:. 0 • +: • Project Name: FLATHEAD VILLAGE GREENS PHASE 15 Contact Person: Address: • • i' 59901 Date of Preliminary Plat Approval: DECEMBER 10, 2002 Owner & Mailing Address: • DEVELOPMENT, 1'i PALMER MT • ' • ATTENTION:OWENS Type of Subdivision: Residential _XXIndustrial Commercial PUD Other No. of Lots Proposed 10 Parkland (acres) /1t ; Land in Project (ac.) 2.26 ECEDVED Cash -in -Lieu $ Exempt: 9 203 Minor Subdivision with approved preliminary plat Major Subdivision with approved preliminary plat Subdivisions with Waiver of Preliminary Plat Subdivision Improvements Agreement Not Attached Applicable (MUST CHECK ONE) $300 + $30/lot $500 + $30/lot $500 + $30/lot $ 50 _ Health Department Certification (Original) Title Report (Original, not more than 90 days old) _ � Tax Certification (Property taxes must be paid)l) Consent(s) to Plat (Originals and notarized) Subdivision Improvements Agreement (Attach collateral) _ Parkland Cash -in -Lieu (Check attached) XX 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 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 of 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 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. **NOTE Please be advised that the County Clerk and Recorder requests that all subdivision final plat applications be accompanied with a digital copy. **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. Eastment 4. Roads or rights -Of --way 5. A tie to either an existing subdivision comer or a corner of the public land survey sytem As approved by the TCPB on 12/19/01 Effective 1/l/02 Montana Department of10 • 1, O MF V dLi 1 i Judy Martz, Governor JEAP.O. Box 200901 - Helena, MT 59620-0901 - (406) 444-2544 - www.deq.state.mt.us March 21, 2003 WMW Engineering PC Lee Griswold 50 West Second St Whitefish MT 59937 Dear Mr Grizwold: RE: Glacier Village Greens Phase 15 Municipal Facilities Exclusion EQ#03-2287 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 76-4-124, 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 approval is prohibited, and is subject to penalty as prescribed in Title 75, Chapter 6 and Title 76, Chapter 4. This file has been mailed to the Water Protection Bureau, Kalispell Office for their review. Sincerely, Janet Skaarland Compliance Technician Subdivision Section Water Protection Bureau (406) 444-1801— email jskaarland@state.mt.us cc: City Engineer, City of Kalsipell County Sanitarian file Centralized Services Division • Enforcement Division • Permitting & Compliance Division • Planning, Prevention & Assistance Division • Remediation Division Environmental Health Services 1035 First Avenue West Kalispell, MT 59901 (406) 751-8130 Fax: 751-8131 Wednesday, April 09, 2003 Lee J. Griswold WMW Engineering 50 W. 2 nd. St. Whitefish, MT. 59937 Re: Glacier Village Greens, Phase 15, Water & Sewer Main Ext., Kalispell, Proj. # FH-03-03 Dear Lee, Administration 751-8101 FAX 751-8102 Community Health Services 751-8110 FAX 751-8111 Reproductive Health Services 751-8150 FAX 751-8151 WIC Services 751.8170 FAX751-8171 The plans with specification notes, certified checklist and required documents for the above referenced project have been reviewed by this office and are satisfactory. Approval to proceed with the project is hereby given. One set of the approved plans is enclosed. This project includes installation of water and sewer main extensions as shown on plans prepared by WMW Engineering and received by this office on 3/31/03. The plans were submitted under the seal and stamp of Paul Wells, # 7378 E. Approval is given with the understanding that any deviation from the approved plans and specifications will be submitted to the department for review and approval. Prior to commencing use of any portion of a new public system, the owner or his engineer, shall certify by letter to the Department that the portion of the system to be put into use was built in accordance with approved plans and specifications. As -built drawings for the portion of the system put into use must be provided to the Department within 90 days after the date of initial use. Within 90 days after tr.e entire project has been completed, the project engineer shall certify to the Department that the project was inspected and found to be installed in accordance with the plans and specifications approved by the Department. This certification shall be accompanied by a set of record as built drawings of the entire project, signed by the protect engineer. It i- fiuther understood that construction will be completed within three years following the date of approval. If rlore than three years elapse before completing construction, plans and specifications must be resubmitted and approved before construction begins or resumes. This three year expiration period does not extend any compliance schedule requirements associated with a Department enforcement action against a public water or sewage system. Please contact this office if you have any questions. Sincerely, Richard T. Montgomery, P Environmental Engineer copies to: Water Quality Division- Helena & Kalispell City of Kalispell, Dept. of Public Works Flathead County Water and Sewer District #1, Evergreen !; is the mission of the Flathead City -County Health Department to assure the conditions in which people can be nealthy through collaboration, promoting stewardship of our.resources, and providing preventive health services to our community. COhill rb� air t er District 130 Nicholson Drive ® Kalispell, MT 59901 Phone: (406) 257-5861 Fax: (406) 756-1588 March 12, 2003 WMW Engineering 50 West Second St. Whitefish, MT 59937 Attention:: - Lee Griswold Dear Lee: The plans you provided for a water main extension to serve phases 15 and 16 of Glacier Village Greens were reviewed and approved by the Board of Directors at the regular board meeting held on March 12, 2003. I will prepare a main extension agreement and get that to you for signatures. Sincerely, Roberta Struck District Manager Go water & Sewer .Dzsrr• zcr 130 Nicholson Drive • Kalispell, MT 59901 Phone: (406) 257-5861 Fax: (406) 756-1588 October 16, 2003 WMW Engineering 50 West Second St. Whitefish, MT 59937 Attention: Lee Griswold Dear Lee: a 47 This is to certify that the water main extension for Glacier Village Greens Phase 15 has been completed. The main and appurtenances will be under warranty by the developer for a period of two years as per the extension agreement. Sincerely, Roberta Struck LL District Manager Cc: Sands Surveying l it Paul Wells, RE Principal Engineer October 3, 2003 Mr. Frank Castles, PE Public Works Department City of Kalispell PO Box 1997 Kalispell, Montana 59903 Re: Village Greens, Phases 15 Dear Frank, Consulting Engineer 50 West Second Street Whitefish, Montana 59937 Phone (406) 86�-7826 Fax (406) 862-7827 This letter is to certify that the required improvements for the roadways, sewer and water have been installed in substantial compliance with the approved plans and specifications with the following exceptions: 1. The boulevard width varies at several locations in order for the sidewalk to miss existing electrical vaults. 2. The boulevard and disturbed areas have yet to be seeded, and trees need to be planted. 3. The lots need to be elevated according to the drainage plan. This will be done in stages as fill generated from nearby building construction is deposited on the lots. Top of building foundations will be required to be eighteen inches higher than the top of curb, which will insure the necessary fill placement and drainage. In order to complete the necessary requirements for final subdivision filing we will need a letter of approval from the City. Should you have any questions please call. WMWENGINEL"k Paul Wells, P.E. Principal Engineer September 30, 2003 Mr. Frank Castles, PE Public Works Department City of Kalispell PO Box 1997 Kalispell, Montana 59903 Re: Village Greens, Phases 15 and 16 Dear Frank, Consulting Engineers 50 West Second Street Whitefish, Montana 59937 Phone (406) 862-7826 Fax (406) 862-7827 This letter is to document that on Monday, September 29, 2003, you and I had a site visit at Phases 15 and 16 of Villase Greens to inspect the recently constructed sidewalks. As had been previously discussed, portions of the sidewalk would encroach upon the five-foot boulevard. On Phase 16, the sidewalk on the east side of the road is deflected around an existing tee box at the north end, and a three-phase electrical vault on the south end. On Phase 15, the sidewalk on the east side is deflected around three-phase electrical vaults at both the north and south end, and on the west side it is slightly deflected at the south end to muss the existing telephone and electrical service pedestals. It was our common opinion that this sidewalk placement would not impair the functionality of the road, sidewalk, and boulevard areas. As future phases develop, it is anticipated that the likelihood of encountering these obstructions will be lessened. Sincerely, Lee Griswold cc. Mark Owens City of Kalispell Public Works Department Post Office Box 1997, Kalispell, Montana 59903-1997 - Telephone (406)758-7720, Fax (406)758-7831 February 25, 2003 Dick Montgomery, P.E. Environmental Health Services Flathead City -County Health Department 1035 First Avenue West Kalispell, Mt. 59901 Re: Glacier Village Greens, Phase 15 Kalispell, Montana Dear Dick, This letter is to confirm that the City of Kalispell has reviewed and approved the construction plans and specifications prepared by Paul L. Wells, P.E., for the referenced project. The Kalispell sanitary sewer system has adequate capacity to serve the project. Please feel free to call if you have any questions. Respectfully, Frank Castles Civil Engineer cc: Paul L. Wells, P.E. 2xr : a City of Kalispell Public Works Department Post Office Box 1997, Kalispell, Montana 59903-1997 - Telephone (406)758-7720, Fax (406)758-7831 October 16, 2003 WMW Engineering, PC 50 West Second Street Whitefish, Montana 59937 Attention: Lee Griswold RE: Village Greens, Phase 15 Kalispell, Montana Dear Lee: The Public Works Department concurs with the changes in the boulevard width as outlined in your letter dated October 3, 2003. We have examined the referenced project site and performed the video examination of the sanitary sewer lines. Upon completion of the following items, the project will be considered complete and meeting the intent of the current city standards: 1. Receipt of one set of the record drawings. 2. Boulevard and disturbed areas seeded and trees planted. If you have any questions, please do not hesitate to contact this office. singerely, gx-,L a:J�- Frank Castles, P.E. Assistant City Engineer ;0/22/2003 10:29 4067587952 KALISPELL FIRE DEFT. PAGE 02 KALISPELL FIRE DEPARTMENT handy Brodehl - Pion Chief Jun Stewart - Assistant CWeV tevemtoa Dee MX]uskey — Assistant Chief'Opera4ow Sands Surveying 2 Village Loop Kalispell, MT 59WI Attn: Fits Wirtale Re: Final plat approval — Glacier Village Greens Phase 15 & 16 Dear Erica, 312 Fhat Avenue FAN Kalispell, Montanan 59901 (406) 758 7760 FAX (406) 75"952 In response to your request for final plat approval of the above -reference project we have the following information. Fire hydrant locailox andtfire department access is approved by this departrent. It is our understanding that fire flow testing by the Evergreen Water Departrnent-indicates adequate flows as required by the Uniform Fire Code. All requirements from our departrnent for Phase 15 and 16 have been rnet. Please contact me W you have any questions. Sincerely, -,Tat Jim Stewart Assistant Fire Chief/Fire Marshal Kalispell Fire Deparbrient cc: Tom Jentz, Tri-City Planning OfAoe "Assisting our compm uty in redwing, prrvendng, and midga ft emerSonda. " Plat Itooln Flathead County, Montana 1300 S. Main St. Kalispell, MT 59901 (406) 7513-5510 This Form is for Subdivisions & condominiums Only BY: N5A �JT) S FOR: Go �D meni OtKc PATE //�11? /a 3 1)I:1;(--I': C.;, ee CV'e-c-,ns III -P �h X7 3 a- a"? -,i,->- I r- pT nz l + a.A 11)93'1111tu -C-ZOQ_a--., MN:')Solt li 047-7 135 Iwl(!by t:(!Ilily Ihat iht!rt! il►t! no t)Iltstalltlilitl Iilm"; (Ill tllt, I)ItgwIt�,` asslt)nt'-(i Ill(: assessor Ill11111 t!Is lisp!(.) aht)Ve 1()I- Ills! `, odl.`; 111tlit ;itt'.tl Im t_acll assessor 111111111t:r. wo -• i Ot�1)I (I ;Islll �„ N se , 7 _11 Paul Wells, PE Principal Engineer October 27, 2003 Mayor and City Council Members City of Kalispell PO Box 1997 Kalispell, Montana 59903-1997 Dear Mr. Mayor and City Council Members: Consulting Engineers 50 west Second Street Whitefish, Montana 59937 Phone (406) 862-7826 Fax (406) 862-7827 Re: Glacier Village Greens, Phase 15 Please accept this letter as an engineer's estimate for work remaining to be accomplished at the above project. Landscaping in the boulevard area is all that is required. The estimated cost is as follows: 20 Trees @ $200 each $4000 Seeding and mulching 3200 SF @ .25 per foot 800 Estimated Cost of Completion $4800 Should you have any questions. please call. ' sincerely, 'Pu`L Is. Preliminary Plat for Glacier Village Greens Phases 14 - 22 December 10, 2002 Page 3 , ATTACHMENT A CONDMONS OFAPPR6VALA8RECOMMENDED BY THE KALISPE]Lt`CITY PLANNING:BOARD NOVEMBER 12, 2002 The Kalispell City Planning 136ard Is-riecom:_ mending the following conditions to the Kalispell City Council for the above referenced preliminary plat. A public hearing was held on this matter at the November 12, 2002 planning board meeting: 1. Development of the subdivision shall be platted in substantial compliance with the approved -preliminary plat which jcv6'm':s`tli6 location of lots and roadways within the subdivision. 2. That the roadways serving the subdivision shall be constructed in accordance with i the adopted Design and Construction Staiidards for the City of Kalispell for local roads and include the pavement, curbs, gutters, storm drainage, sidewalks and a Tninimum eve foot landscapeboulevard with street trees placed in accordance with a plan - approved. by th6`parks '-a#d"i,&Jt6atiori director. - A letter -frbi�a an engineer licensed` in the Siat6 of -Montana certifying that the improvements "have been installed according,to the required"' ecifications shall be -submitted -at the time of sp final plat approV along with aletter '-from the Kali-spelI Public WorksDepArtment stating that the required improvements have been inspected and comply with .the City standards. 3. That a letter be obtained from the -Kalispell Public Works Department approving the sewer and drainage facilities for the subdivision. . vw 4. .That a geotechnical analysis of the slope areas io the north and to the west of the proposed subdivision be performed that 4aw-&re the stability of the slope and identify Any potential for failure due to development of the subdivision or other construction that might occur. The report shall be submitted to the' Kalispell Public Works Department for their review and approval. 5. A storm water drainage plan which has been designed by an engineer licensed in the Stdte of Montana shall be prepared which complies with the City's Design and Construction Standards and shall be reviewed and approved by the Kalispell Public Works Department. 6. That the developer obtain a letter from the Evergreen Water District or their engineer approving the water main extension and certifying that any necessary improvements have been completed. Preliminary Plat for Glacier Village Greens Phases 14 - 22 December 10, 2002 Page 4 7. The road within the subdivisiori'sfiall. be named and signed -in accordance with the policies of ,the Kalispp4 Public WpTk-s�epiartment andpe Uniform Traffic Control Devices Manual and 'be review and approval of the Kalispell Fire Department. 8. The developer. shall provide a I , etter.,from, the U.S. Postal Service approving the plan for mail service.. 9. Street lighting shall be located:iiiihiii the subdivision and shall *be- slikided'so that it does not intrude unnecessarily onto adjoining properties. 10. That, the parkland dedication xeguir ents shall be,met ,by ,'reco9mzM .,the g existing park and parldng irnprovements as well as open space:yd the development. L 11. All utilities shall be installecl-jun i; W pund 12. That the fire access. and. ]i�stern -1ornpI3� with. the-Pniform Fir-e-CO suppression_ " _ i.: " de and -a. letter from the kalis approving pe�4_1�ire, P��,par"4� p wng the access., and,number and placement. of fire. hydrants. v% the subdivision as well as fire --flows and access shall be submitted with the.final -p jat. The.fire access and suppriesslon system zhall be installed and .:approved .,by_.the fire .de department prior to plat approval. 13. That a miniraurn of two-thirds of the necessary infrastructure for this subdivision shall, be completed prior to final pl4t -submittal. 14. All areas disturbed' duringdevelopment of the subdivision shall be re -vegetated with a weed -free mix immediately after development. ., 15. That the boundaries of the. 100-:-year floo lain be iastablished and delis 41�4 on the finalplat. 16. That preliminary approval shall be valid for a period of three years from the date of approval with a three year extension as the final -plat for each phase .is filed.-. _ �t �r 3' ''www N �r 2 M Z O L4 1 1t (j u QQ �Q wQ 3 Q c y 7 t � �. ��f '; �' s�i�� • �� jlis !�lislj i i �! jpit to 0 m � 0 u ti tc .a �3 so .�..... all IVJ'401 101 11i"11111! IMUN, In'sm 19301591 a] Day I FiiIIN-1welso I F", Policy No. 7208926- 117 7 To the Cmm of Flathead and the City of Kai i sM 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 25 day of September, 2003 at 5 o'clock P.M., the title to the descnibed real estate was indefeasibly vested in fee simple of record in - Go Development, L.L.C. , a Montana Limited Liability Company Now known as Flathead Village Greens L.L.C., a Nevada Limited Liability Compan subject only to the objections, liens charges, encumbrances and ol er 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. Issued by: STERLING TITLE SERVICES 211 South Main Street, P.O. Box 73 Kalispell., MIT 59903 Phone: (406) 752-7000 Fax, 406� 752-7207itle) Fax., �406 257-5663 Escrow) www.sterling'titlese,-vices.com E-mail: info@ s' 'erMigtitleseRlices.com By: Prasid" Reorder Form No. 9113 (Reprinted 12/00) Preliminary Subdivision Certificate of Tide For Use In Montana 1 Page 2 Certificate No.: 7208926-1177 Our File No.: CG-37421 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 Southeast Quarter of the Northwest Quarter (SE'/4NW'/a) and in the Northeast Quarter of the Southwest Quarter (NEi/4SWi/a) of Section 32, Township 29 North, Range 21 West, P.M.M., Flathead County, Montana and more particularly described as follows: Beginning at the NW corner of Lot 11, as shown on the Plat of Glacier Village Greens, Phase IV (records of Flathead County, Montana), to a point; thence North 00°25'59" West, a distance of 65.03 feet to a point; thence North 0I'l9'45" East, a distance of 65.00 feet to a point; thence North 03051'24" East, a distance of 71.53 feet to a point; thence North 05000'00" East, a distance of 150.00 feet to a point; thence South 85°00'00" East, a distance of 102.00 feet to a point on the Westerly R/W of a 60 foot road known as Palmer Drive; thence along said R/W North 05000'00" East, a distance of 33.73 feet to a point; thence leaving said R/W South 85000'00" East, a distance of 162.00 feet to a point; thence South 05°00'00" West, a distance of 156.00 feet to a point; thence South 04033' 15" West, a distance of 78.00 feet to a point; thence South 01°19'46" West, a distance of 78.00 feet to a point; thence South 02°44'54" West, a distance of 77.97 feet to a point on the North boundary of said Plat of Glacier Village Greens, Phase VI; thence along said North boundary North 89002' 16" West, a distance of 100.00 feet to a point; thence North 68021'43" West, a distance of 64.05 feet to a point; thence North 88'40' 15" West, a distance of 100.00 feet to the Point of Beginning. To Be Known as: FLATHEAD VILLAGE GREENS, PHASE XV Page 3 Certificate No.: 7208926-1177 Our File No.: CG-37421 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 taxes, for the year 2003. 2. 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. 3. Delinquent water and sewer charges of the City of Kalispell, if any. 4. Taxes, charges and assessments of Village County Water and Sewer District, payable with the general taxes. 5. 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. 6. 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. 7. 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. 8. 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. 9. 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. 10. Village County Sewer District Levy of Assessment filed September 2, 1988 as Document #8824609380, records of Flathead County, Montana. 11. 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. 12. 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. 13. 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. 14. 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. 15. 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. 16. A restricted easement for pedestrian and golf cart traffic only, over and across the roadway as it currently exists, reserved in instrument recorded March 13, 2002 as Document #200207216470, records of Flathead County, Montana. 17, Resolution No. 4761 regarding annexation, recorded December 31, 2002 as Document #200236511500, records of Flathead County, Montana. 18. Utility easement certificate, a 55 foot radius temporary cul-de-sac, a 10 foot utility easement, a 15 foot utility easement and note as shown on the unrecorded plat of Flathead Village Greens, Phase XV. 19. No search has been made for water rights and unpatented mining claims, and liability thereon is excluded from coverage of this Certificate. ��. 2 YC M ivr LOOP KRLwP" PLAT OF P/f (4op 735-64&64d' . awwr 97Oo3 0k4 p��`��""�� FL HE' VILLAGE GREENS. PH. Y ✓04 M1� 2@.1+4 OW& M313 yam? r`� rae Amw DOW - saaiaPmkw A SUED/VISION osx 0W so OEMOPI"r LW IN THE SEI/4NWI/4 & NE114SWI14 SEC. 32, T.29N., R.2/W., P. M.,M, FLATHEAD COUNTY, MONTANA LfOfND s iasn ur xmw er nr.s o T/E'lpUSE NA C[EARLI' yAYLE LOGlRW wi a T�aa�xndr»axe TT>sfl (Tortes) w Neecity of d�c.yen�lmesaioetp ��isa tl. 55' xME19 TEiPOeAM CULAE-SaC �3�or�c �� /—usasrooroof�(s2oo• Lore I$ g Sal 1� i LOT e k Srtswa7k .Heel I Al Lor T i $ I LOr ♦ (COS 4764) 1 I �a5kar nc ssssxexT ,(COS 4764) a _LOT P 8� gk I .or s O ,-asx A& ao u pcs ffi LOr24O [OTD�. g)^ g4 x w i`ui• �mii� Eowy.a wv`°'.o.:.�m..�'e:w`km w • wv7R'P: LOP $$- a Lor Yo a --� =4013'W Moo— e I =-P T+ / 444 � � , . (.se I .vas arxrw r0000j cexrteteTi� of ssnvaxo¢ GLACOIER VILLAG TEaxTe i. sTxns s>s-a GREENS, PHASE VIa G4EMENT � Tit � EABF�.MaEM — I Fxee -m Land 9ntieyok e 9TATk of No8TT8T evnie AeGe '+' ) 8 MnxT't of TIATBeAo) Pileo tee �� osk.� _�_• Ro_. _o ciao JE � (T) Moz08 �� ] (T) 5] 10 15 io]5.00 - P1eMeae C unty Clack L. panocCet ey�tnm nc Raeace M. swf%7 op sNffr