Billmayer/Waterford on Summit Ridgemma
BILLMAYER ENGINEERING
James C. Hansz, P.E.
Director of Public Works
City of Kalispell
PO Box 1997
Kalispell, MT 59901
RE: Waterford on Summit Ridge
Dear Mr. Hansz:
November 12, 1999
The following comments and attachments are submitted in response to your letter of
October 6, 1999 containing review comments relating to our Submittal of Construction
Plans and Specifications for Waterford on Summit Ridge. The submittal was based on
the recorded PUD Agreement, the Council Approved Site Plan dated June 14, 1999, and
the Master Site Plan also dated June 14, 1999 and referenced in the recorded Waterford
Planned Unit Development Agreement (see Section 2.05 Drawings, Page 5).
I . No cul-de-sac needs to be constructed. A cul-de-sac is not part of the approved
-3, u's plan. The issue was discussed in Planning and Council Hearings. The extension
of Summit Ridge Drive (see Station 1+25 Sheet C-2) beyond the intersection of
Waterford Way functions as a "T" turn around and was accepted in lieu of a cul-
0- de -sac. Please refer to Section 3.03, Four Mile Drive and Summit Ridge
Improvements, Paragraph 13, Page 7.
2. We agree a drainage and erosion control plan is necessary. We have never been
t - p-AWA i required to submit said plan to secure approval of construction plans. The
J:h uo^N submittal of the drainage and erosion control plan is typically required before
construc is initiated. We are currently preparing the plan and will submit it
for your review as it is completed.
The required documentation that clearly indicates pen-nission has been obtained
for placement of the spoil material on the adjacent south property is attached in
the form of a Trust License. This license has been in affect since July 26, 1999.
Please refer to Recital F, Page 2.
2191 Third Avenue East - Kalispell, Montana 59901 - (406) 257-8708 - FAX (406) 257-8710
November 12, 1999
Page 2
3. The owner is prepared to execute an easement for the 12 inch water main in
Waterford Way. If you require that easement be executed utilizing a standard
City of Kalispell format, please provide it.
If you will accept the easement delineated on the final plat with supporting
declaration, the issue can be resolved at the time the final plat is recorded.
4. Sidewalks are not required on both sides of the street. Again, I refer you to the
PUD Agreement. The site plan dated June 14, 1999 clearly shows the extent and
4K location of the sidewalks required by the City of Kalispell. Further, the issue was
discussed at length in the Council's hearing and adoption of the PUD Plan. Your
characterization that this is a "development where an above normal amount of
pedestrian traffic can be expected" is incorrect. Since few Waterford residents
will venture outside, we have always contended the opposite is true.
5. We agree a pedestrian path was required in the approval. I have met with Mike
Baker regarding this issue. He was content with a concrete sidewalk crossing the
Four Mile Drive right of way and a painted crosswalk on the asphalt. We have
revised our plans to provide appropriate details.
6. Waterford Loop does not need to be offset from the traveled way. As shown on
the construction plans, the parking space size, spacing and relationship to the
centerline of the paved surface are consistant with the approved site plan that is a
part of the PUD Agreement. We contend no revision is required.
7. The PUD Agreement does not require Four Mile Drive be "constructed with 18
inches of select sub -base and 4 inches of asphalt". The agreement requires
construction of a roadway section equivilent to that now existing at the paved
portion of the roadway. Please refer to Section 3.03 Four Mile Drive and Summit
Ridge Improvements, Paragraph C, Page 7. We intend to core the roadway at at
least two locations to determine the construction standard.
8. Nothing in the agreement requires Waterford Loop to have 4 inches of asphalt.
1� Waterford Loop and the parking areas are not required to be constructed to city
street cross section specifications. I
------ 9. It is not practical to add the "additive alternate for 950 If of 12 inch diameter
kl) + water main on Four Mile Drive". This significant expansion of the 12 inch water
main quantities will require an agreement between the City of Kalispell and
Water -ford. We have not prepared plans and specifications for this work. This
extension is not part of the PUD Agreement. Please do not use this expansion of
the City of Kalispell water utility system as a reason to withhold approval of the
November 12, 1999
Page 3
submittal of the utility construction plans prepared in compliance with the
Waterford PUD Agreement.
Please incorporate the above comments and attached documents into our submittal. We
look forward to your approval of the Waterford construction plans, Should questions or
concerns remain, contact us at your earliest convenience.
Sincerely,
1811109
J. Jay Billmayer, P.E.
CC: Mark Fisher, Waterford Dev
il'lEhris Kuluski, City Manager
Glen Neier, City Attorney
Waterford on Summit Rid
ge
2432 Kemp Street - Suite #7
Missoula, NIT 59801-
4 -543-0693, 406-327-0535 FAK
06
Soeve4e &va4 4w
Date: October 13, 1999 Page I of 7
To: Rvan- Billmaver Eng. 406-257-8708 Phonc 406-257-8710 Fax
cc: Phone Fax
Phone Fx.x
From: Rital Hader 406-543-0693 Phone 406-327-0535 Fax
�.fid—
Subject: Trust License
1"his and the doctillicilt leckinipanying it irr inicildcd onl� for the w;C of fliv midiv%wi: vinnicif I fie
k1ok,kinicnis tonqrnitted may contain confidt:ntini intotinativin anti areto hc delivered only loaddresser Uvouarcnotffic
riallied Admicv. Iriv Icadrig. disclkisure. copying. dwribirtion. or taking nt*.,tnv action in rchance on the contents ofElic
dmunients is wmtl) prOubiled 11`1111b vV111111trinvalivii 11m, Ivildad yvu lilvilk"
I You;1re JIM[ribitt-d fri-irn reading copying or di"ermwiling 1he coninitinmation,
2 Plua:,c nv(d., m, (hat you hive icccivcd Pik coninitinicition in citni and
J W;: m(Itwst 111al yvv witilvdimcly ructlin by fitall On: You (vc% -�vd f - 1031) Wz
Message:
Rvarf - As per your request for submissioll tO tile City. Ple�LSe 110te CIOUded area.
1, ANk 1�kKlk ffi'.-,\,\XKMTTOR%1S',FAX rLf I 1 (111 WI) I I ';N ANI K If 1 401,-�;-4 4-06V i
vedke'tr;�d rd 'Fw(&.vee 44'r4 a Penm"a 76WX
AGREEMENT made this day of cl Ix-- 1999, by and between
Dan EiUenian, L. Peter 1..anmn and First Interstate Bank, Cotrustees of tile J. Austin
Milicr Trust FBO Barbara Miller;
Dan Eigenian, L. Peter Larson and First interstate Bank, Cotrustees of the J. Austin
Miller Trust FBO Sharon Steveris-Wulf,
Dan Eigenian, L. Peter Larson and First Interstate Bank, Cotrustees of the J. Austin
MillerTrust FBO Mark S. Miller;
I follister A. Larson, Trustee of the Jean Flizabctli Larson Q-Tip Trust; and
Hollister A. Larson, Trustee of the Hollister A. Larson Revocable Living Trust
clu First Interstate 13ank, Trust Division, Kalispell Office, P. 0. Box 7130, Kalispell, Montana
59904-0130 (collectively "Owner").ind
WATERFORD DEVELOPMENT & CONSTRUCTION COMPANY, 2432 Kemp
Street, Suite #7, Missoula, Montana 59801 ("Construction Conipany'�-
A. Owner owns the following described real property located in Flathcad County,
Montana ("Owncr's Property"):
Tract 3 of CLrlificatc of Survey No. 13923
B. Owner has sold the following described tract of land immediately adjacent and
north of Owner's Property ("Fisher's Property") to Mark C. Fisher:
Tract 2 of Certificate of Survey No. 13923
C. Mark C. Fisher and his perinitted successor and assign intend to construct a
rctircinent center on Fisher's Property.
D. Fisher has retained or intends to retain Consiniction Company to construct the
retirement center on Fisher's Property.
H. In constructing the retirement center, Construction Company needs to utilize
portions of Owners Property �LS Construction staging areas ("Staging Areas") as depicted oil
Exhibit "A" attached licrcto.
F. In constructing the retirement center, Construction Company needs to utilize a
portion of Owner's Property as a depository for excess fill material ("Depository Area") as
depicted on Exhibit "B" attached hereto. The Depository Area is further described as the west
Facing slope of the Owner's Property which is not currently and has not recently been famied.
G. Owner is willing to grant a license to Construction Company to use the Staging
Areas and Depository Area ror the limited purposes stated herein.
FOR VALUABLE CONSIDERATION, the receipt of which is hereby acknowledged, the
parties agree as follows:
I . E ffect of Recitals. The foregoing recitals are true and correct and by this
reference are incorporated into the terms and conditions of this License.
2. Grant of Licgrise. Owner hereby grants to Construction Company a personal and
non-transferabic license to use, subject to all of the tenris and conditions hereof. the Staging
Areas and the Depository Area.
3. Limitation of Use. Construction Company may use the Staging Areas and
Depository Area solely for matters putaining to the construction of the retirement center on
Fisher's Properly.
4. Term. This License shall commence oil the date hereof and shall continue until
the earlier of the completion of Phase 2 of the construction of the retirement center, or October 1.
2002.
5. Maintenance and Restoration. Construction Company shall use its best efforts to
avoid daniaging the Staging Areas during the term of the License and shall restorc the Staging
Areas to their presci-it condition upoll tcmiination of the License. Construction Company agrees
that excess fill located oil the Depository Area shall be compacted and graded on the Depository
Area and covered with previously removed topsoi I from the Depository Area in such a manner as
to enhance the value of Owner's Propet-ty. Said compaction and grading shal I be performed to
Owner's satisfaction.
6. Indemnification. Construction Company shall inderrinify and hold Owner
harmless from and against all claims, losses, damages and liability arising from or relating to
Construction Company's use of the Staging Areas and the Depository Area.
7- 1i1surance. Construction Company shall provide Owner with proof of its
construction liability insurance in force during the term of this License and shall name Owner as
an additional insurcd on its policy.
8. Ternlination. Notwithstanding the stated term of this License, this 1.1cense shall
automatically terminate and all rights and privileges granted shall Himiedia(cly and
unconditionally revert to and revest in Owner upon the occurrence of any of the following
events:
a. The sale of Owner's Property.
KA
b, Any change in ownership of Fisher's Property. Construction
Company agrees to promptly notify Owner in writing of any
change in ownership of Fisher's Property.
Any violation by Construction Company of any of the ternis,
conditions or restrictions contained in this License.
d. If Construction Company is not constructing the rctircincrit centcr.
9. Entire A nent. Th's L"cense contains the entire agrccnicrit between the parties
_greq= I I
Aild shall supersede all prior negotiations and agreements concerning the usc of the Staging Area.-,
and Depository Area on Owner's Property.
10. Attomgy'_sff,-u%. Should either party incur any costs or expenses, including
reasonable attorney fees, in enforcing any of the provisions of this License, then tile other or
LIVISUCCCSSfill party sh:kll reimburse the prevailing party upon demand.
11. Bindim! Effect. This License shall be binding upon and shall intirc to tile beriefit
ofthe heirs, legal representatives, successors and assigns of the parties.
12. Govcniing Law. This License shall be governed by the laws ofthe State of
Montana.
IN WITNESS W1 I 1-.RFOF, the parties have executed this License the day and year r1rst
above written.
Dan Eigcnian, -otrustce of the J. Austin
Miller Trust F130 Barbara Miller
L. Peter Larson, Cotrustee of die J. Austin
Miller Trust V130 Barbara Miller
FIRST INTERSTATE BANK,
Cotruslec of the J. Austin Miller Tnist
FBO Barbara Miller
9 % 1 11
I � M VARN _1
Daft Eigcma
,9',"Cotrustee of the J. Austill
Miller F130 Sharon Stevens -Wulf
L. Peter arson., Cotrrustee of the J. Austin
Miller FBO Sharon.S[CVCnS-WUIf
FIRST INTERSTATE BANK,
Cotrustcc of the J. Austin Miller Trust
FBO Sharon Stevens-WLL)f
3
Elgcnix6, Cotrustee of the J. Austin
Millcr Tr�st FBO Mark S. Miller
L. Pct�r Larson, �otn stee of the J. Austin
Wiler Trust FBO Mark S. Miller
FIRST INTERSTATE BANK,
Cotrustee of the J. Auitin Miller TrUSt
FBO Mark S. Miller
F
9
'14, me -
"Owner"
Hollister A. Larson, Trustee of the
Jean Elizabeth Larson Q-TipTrust
Hollister A. Larson, Tnistec orltic
I lollister A. Larson Revocable Living Trust
WA* 11� �..
"Construction Company"
t 019A MV At W L1.6 CF SECION ." -.?8N. 4,22W,
-iA 77EAD COUIV7'y, MOJV7*ANA
673 4r
I -
rRAcr i
8145 ACRES
PARCE A
0 AY A C
I
V?
3
3
'R.
I
TRA C 7 2
29170 A CRES
A(09'4rl7'W
TRA C T 3
��7482 4 C, 755 EXHIBIT "A"
E
,.7r
0 67:r7-t/-.
Lgrt54T
5
I
m
A
if
EXHIBIT "B"
FF 3072.5
SCALE 1" = 40'
u
CROSSWALK (TYP)
NOTE: STRIPING SHALL BE PER SECTION 02581 SUBSECTION 'TRAFFIC LJNE
PAINT'. REFLECTIVE GLASS BEADS SHALL BE ADDED TO THE CROSSWALK.
Zu
0