Loading...
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). 1. 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- vu' 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 �3 04 t-µAWAi required to submit said plan to secure approval of construction plans. The be 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 f for your review as it is completed. The required documentation that clearly indicates permission 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 K PUD Agreement. The site plan dated June 14, 1999 clearly shows the extent and 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. x � Waterford Loop and the parking areas are not required to be constructed to city street cross section specifications`.2 &s 9. It is not practical to add the "additive alternate for 9501f of 12 inch diameter 41 + 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 Waterford. 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, 18111091 ' 1 I J. Jay Billmayer, P.E. CC: Mark Fisher, Waterford Dev g Chris Kuluski, City Manager Glen Neier, City Attorney Waterford on Summit Rid g Missoula, NIT ') 16 069416! Soeve4e &va4 4w �tca. 9 have �a�lcal. dot e�lgr Cjeal sFe� e�tca 9 �a.<r t�tcd. Date: October 13, 1999 Paige 1 of 7 To:van- Billmaver Eng. 406-257-8708 Phonc 406-247-8710 Fax cc: Phone Fax Phone Fx.x From: Rital Hader 406-543-0693 Phone 406-327-05 5 Fax Subject: Trust License 1hti eotnntuntr;ihott and the doctuttcttt aecontvanying it arc rnicnded only for the uac of thr addiv%wi: nxmcd The docrunenti toncntrtted may contain confidcnttnl intormancut and arc to he delivered only to addressee It you arc not the riartle•d Admicv. arty tcadmg,. disclosure. copying. dwrrbnnon. or taking nt'any xenon in reliance on the contents of Elie dmunrents is wmtly prcdubtled 1f thu cvttauunrcahvn ha> rrat.tad yvu ar c'Erv" t You arc ltmhihired from reading copying or dlccermwiling the commumcahon, plcabc nvhh., m, (hat you have Ececivcd thie communication in crtnt. and 3 WC raquent that yvu imatedimcly relutn by mail the dvcun cut. you rcc%-�vd ft0m uC Message: Ryan - As per your request for submission to the City. Please note clouded area. 1, ANk 11kK it tlislwk,MTTOR%1S',FAx rtf 1 1(111 WI) I I ';S ANI K If l 401;-;.4 t_Eg V i vedlcatc'd rd 'Fw(&.vee uurk a ,arraa"af 76WX AGREEMENT made this day of , 1999, by and between Dan EiUernan, L. Peter I..ammn and First Interstate Bank, Cotrustees of the J. Austin Miller Trust FBO Barbara Miller; Dan E•igcutan, L. Peter Larson and First interstate Bank, Cotrustees of the J. Austin Miller Trust FBO Sharon Stevens -Wulf; Dan Eigenian, L. Peter Larson and First Inerstate Bank, Cotrustees of the J. Austin Miller Trust FBO Mark S. Miller; I lollister A. Larson, Trustee of the Jean Flilabcth Larson Q-Tip Trust; and Hollister A. Larson, Trustee of the Hollister A. Larson Revocable Living Trust c/u First Interstate rank, Trust Division, Kalispell Office, P. 0. Box 7130, Kalispell, Montana 59904-0130 (collectively "Owner") and WATERFORD DEVELOPMENT & CONSTRUCTION COMPANY, 2432 Kemp Street, Suite tf7, Missoula, Montana 59501 ("Construction Company'. A. Owner owns the following described real property located in Flathead County, Montana ("Owner's Property"): Tract 3 of CLrtifacatc 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 permitted successor and assign intend to construct a retirement center on Fisher's Property. D. Fisher has retained or intends to retain Consintetion Company to construct the retirement center on Fisher's Property. H. In constructing the retirement center, Construction Company needs to utilize portions of Owner's Property as construction staging areas ("Staging Areas") as depicted on 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 famed. G. Owner is willing to grant a license to Construction Company to use the Staging Areas and Depository Area for the limited purposes stated herein. FOR VALUABLE CONSIDERATION, the receipt of which is hereby acknowledged, the parties agree as follows: l . Effect 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 License. Owner hereby grants to Construction Company a personal and non -transferable license to use, subject to all of the tennis 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 pertaining to the construction of the retirement center on Fisher's Property. 4. Term. This License shall commence on 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 damaging the Staging Areas during the term of the License and shall restore the Staging Areas to their present condition upon termination 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 topsoil from the Depository Area in such a manner as to enhance the value of Owner's Property. Said compaction and grading shall be performed to Owner's satisfaction. G. Indemnification. Construction Company shall indemnify and hold Owner harmless from and against all claims, tosses, damages and liability arising from or relating to Construction Company's use of the Staking 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 insured on its policy. 8. Termination. Notwithstanding the stated terns of this License, this License shall automatically terminate and all rights and privileges granted shall immediately and unconditionally revert to and revest in Owner upon the occurrence of any of the following events: a. The sale of Owner's Property. E 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 terms, conditions or restrictions contained in this License. d. If Construction Company is not constructing the rctircincnt center. 9. Entire Axreetnent. This License contains the entire agrecnicnt between the parties .tnd shall supersede all prior negotiations and agreements concerning the use of the Staging Areas and Depository Area on Owner's Property. 10. Attome 's Fees. Should either party incur any costs or expenses, including reasonable attorney fees, in enforcing any of the provisions of this License, then the ether or unsucccssfial party shall reimburse the prevailing party upon demand. 11. Bindin Fg ffect. This License shall be binding upon and shall intire to the benefit of the heirs, legal representatives, successors and assigns of the parties. 12. Govcniing Law. This License shall be governed by the laws of the State of Montana. IN WITNESS WI11:RF.OF, the parties have executed this License the day and year first above written. Dan Eigenian, .otrustce of the J. Austin Miller Trust F130 Barbara Miller L. Peter Larson, Cotrustee of tic; J. Austin Miller Trust V 13O Barbara Miller FIRST INTERSTATE BANK, Cotrustee of the J. Austin Miller Trust FBO Barbara Miller i AR r Daft Eigcm , Cotrustee of the J. Austttl Miller l~130 Sharon Stevens -Wulf l 'L L. Peter arson, Cotrustee of the J. Austin Miller FBO Sharon Stc;vens-Wulf FIRST INTERSTATE BANK, Cotrustee of the J. Austin Miller Trust FBO Sharon Stevens-Wctlf 3 Elgcnix6, Cotrustee of the J. Austin Miller Trust FBO Mark S. Miller L. Pctcr Larson, Cotn 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 "Owner" Hollister A. Larson, Trustee of the Jean Elizabeth Larson Q-Tip Trust Hollister A. Larson, Tnistec cif the I lollister A. Larson Revocable Living Trust WA* "Construction Company" At W 1/.6 OE SECION 7CN ; : Z8N 4,22W, -zA 77EAD C®uN++rr, MOJV7*ANA cc 9°42'f?°W 673.47' I oA � o o � 8145 ACRES FARCE A 0AY AC.� �o c 'R. 22170 ACRES w� r�iZ Fbv� G? 9'4rl7'W TRA C i 3 P7.482 4CRE5 EXHIBIT "A" E 5 B � 7r ' � f soc� �rf sQo4T 5$S�S/ , m if EXHIBIT "B" FF 3072.5 SCALE 1" = 40' CROSSWALK (TYP) NOTE: STRIPING SHALL BE PER SECTION 02581 SUBSECTION "TRAFFIC LINE PAINT". REFLECTIVE GLASS BEADS SHALL BE ADDED TO THE CROSSWALK.