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Begg CorrespondenceMr Bob Babb Public Works Director City of Kalispell Kalispell MT 59901 RE: City of Kalispell Real Estate Development Teton Terrace aka Esperanza Dear Mr Babb, October 29, 1996 505IM-) - /11/31) ATst W*A, s /,UW41455 /NF S7,Qdcs Cchv(2fCT. GJE wiu Cdrr1-T/.t�' Ta DER HSsrsT,�xE ��'� �orP4�cK1 �rcnO ��cxJ BcrT Yay -5gzW4 s AS'•" - Tt K 017.2E l4,V /aC Yva, h`.411" `T- 4C1?4rVf4Y- 1-14� 111f5 mw- &544 ® Tars '01.4 r7;6C In regards to my conversation with you and David Hclst on 7-esday October 22, 1996 pertaining to the above referenced subdivision I have the following concerns. 1. Was the city and/or it's agents authorized to tressoass on our property immediately to the west of Teton Terrace ? 2. Was the city and/or it's agents granted ,.permission to store materials (i.e. pipes, gravel, asphalt, construction debris) or equipment (i.e. trucks, pickups, excavators, trailers, trerlchers, backhoes) on our property ? 3. Was the city given an easement to dig a drainage ditch on our property ? 4. Was the city legally empowered to direct the drainage from their real estate development onto our property ? At your earliest convenience I would appreciate any information you could provide which would address those concerns. cc: Norb Donahue w xe_em wo .09) ri 2 1 *4 S 89"45'08"W 12.32, 13 8.958 ACRES 0 9.00' DE D I CAT E FOR EXPANSIOPl OF HAWTHORN A 1 (.215 ACRES ti I - fn fn 0 NOTE: YELLOWSTONE STREET AND HAWTHORN 0 0 AVENUE PREVIOUSLY DEDICATED ON PLAT OF 0 ZI PORTA VILLA SUBDIVISION, RECORDS OF FLAT- HEAD COUNTY, MONTANA -3 • TETON TERRACE I 468.20' S 89 0 4 5'0 8 " W — 4 91. 2 3' YELLOWSTONE STREET (PREVIOUSLY DEDICATED) ul wi >- - i uj 0,11 _J co 1 1 col '10 0 0 z Lo PORTA VILLA SUB. RAD. BRNG. N88025' 35" E BLOCK 3, PORTA VILLA SUBDIVISION ME 1/16 FOUND I" PIPE WITH BRASS DISC MARKED 2989ES' (SEE C.O.S. NOV-20-11396 16.07 FPr'" THOKRS DEPN & HOSKINS TO k 4_;U-1 0--su Y. UVJ_ 7587?39 P.01 Z 'A 7 V1 AL�Yer' 111=vugh the Ragi"er oz the tubject prqand your tnutaal dw4ussion. the City is aware of ;iveral ew=bGIs ents onto the BM pro". A.. - , I'll I I'll, M-W70 %■PiPz=t on the BM PrW", SaWon ConstructUm hm removed mxly all material, a little gravel remains, graded 1he disturbed arem and seedm the distirbed aregs. Ille city, as Part & our coatrazt with Sandon, requim the couaww to provide a release from the ovwm. the ftg's- W was comer to an existwg dUcil west of the alley at Yellowstone Street. This diteb appftn to be on the lkgg propeity Dr hiatm. DWwbed areas have ben gra&d arul w4ded, nc a=a to Lot I of Porta Villa Numbor 2 is twias O-iing un dw Begg properEy. a pfirift access. We an at dus time unaware of the owners mme. Lastly, the westcrly portijm of tbr alley and drdbap clitch am eucroaQbing ()n tW pCgg prDperty- Tte alley was dedicated as part of porta Villa. Th tha 1970's it was smveled, la the 1980's, we believe the City pavod 1he gravel alley. Wc uo unocttWn wbea tb* ditch ww &rWedthe City cleaned and graded the ditch in 1994 and Sandon hin re-gradW the ditch for the project. 7 '��AIn 1111 ri A The City prVosft to resk" disturbed art" by grading and seeding. Because weeds and air quality -are seriow County issues, the City will provide cale of ft am$ until July 1997 to enmue gennirmflon of tho sced and a magle hffbiddc application for weed ico=l. Of eawse the w= adjotnmg Tewn Terrue will remve t1to samc bmatment. II NOV-20-19% 16:07 FP"M THOMRS AN 2, HOSKINS TO 7597739 P,02 11* City is requesting an eas=ent fbr the drabuge ditch cuEstrurted from Teton Ten= to Yellowone SL=L And sium d= drainage ditcb from dw Yellowstone to 2 Mile Drive is us;,f fur draindgv fiviu Pvrta Vifla, dw City 16 mqucating an mwm= as wcU, Plem review this proposal with the other ow=s. We took fbrward to wmMuS wit you amicably rvwlvc the enauwhment to bab parties benefit. TOTAL P.E42 Mr Glen Neier City of Kalispell P 0 Box 1997 Kalispell MT 59903-1997 RE: Teton Terrace Encroachment Mr Neier, Thank you for your reply to my letter of October 29, 1996. Almost one month had passed since I first contacted Mr Babb about my concerns and I had not received even an acknowledgement from the city that they were addressing these issues. I would like to point out to you that I have incurred considerable expenses since these problems were brought to my attention including the title company for easement searches and deed searches, engineering fees, survey fees, attorney fees, and I have taken over 25 hours of my time in meeting with the various parties involved. You should know that in addition to Sandon Construction we also had Harp Line Construction and Montana Power craws digging and trespassing on our property. I did indeed talk to TD&H about their assertions that a segment of property might exist to the east of our property line that for lack of a better term we have referred to as the "mystery triangle." In the event that we were to accept your proposal we would need proof that the parcel actually exists, that the city owns it and that the city can deed that ownership to us free and clear and with title insurance. According to the measurements that we have taken as I understand your proposal we would then own all or a portion of the city alley. We would then need to know from the city what rights we would have concerning use of the triangle. As an example would we be allowed to fence it ? Will the city pay for the necessary title and legal work involved ? In regards to the ditch Mr Neier you refer to the mutual benefit that would be derived by granting the city an easement. Could you please elaborate as to what our benefit would be to have a 4 foot deep, 12 foot wide, 600 foot long drainage ditch down the east edge of our property ? In addition if we did accept the triangle would the city build a bridge or some sort of access to get from the triangle to the property ? Who would be responsible if a child got hurt in the ditch ? Would the city maintain the ditch and keep out the debris that the neighbors are constantly dumping on the property ? 1 I feel that since the city is in the development business that it is not reasonable for me to have to contact all of the various agents employed by the city to complete its development. That job belongs to someone in the city. Finally Mr Neier I would like to request a copy of the engineering plans for Teton Terrace so that we can try to determine the volume of water that you plan to run down the ditch. Your earliest attention to this matter will be greatly appreciated. December 10, 1996 Jerry Begg 220 Woodland Avenue Kalispell, MT 59901 Re: Teton Terrace Dear Mr. Begg: Your letter of October 29, 1996 has been referred to this office for a reply. Since the referral, I have had an opportunity to discuss the various points in your letter with the City staff and the City's consulting engineers, TD& H. Hopefully, this letter will provide an outline for a resolution of your problem. During the construction of infrastructure in the Teton Terrace subdivision, the contractor Sandon Construction, stored equipment and materials upon your property. Neither the City, nor TD& H, were aware that the use of your property was without permission or license. Under the contract, if Sandon used or damaged property he will be required to provide the City with a release prior to receiving final payment for Teton Terrace. A copy of this letter will be forwarded to Sandon Construction, and I trust he will contact you regarding a release. There are conflicting surveys in the area of Porta Villa and Teton Terrace which may have contributed to the City's unintentional encroachment on your property. Further, it appears that a hiatus exists between your property and Teton Terrace upon which the City caused to be constructed a drainage ditch. From my prospective it would be of mutual benefit to resolve platting errors, the hiatus and the City's encroachments amiably. After discussing the matter with TD&H and the City staff, it is my inclination to offer what I believe may be a solution to the entire problem. First of all, the City would restore all areas disturbed by the Teton Terrace project to the same condition that existed prior to construction. This would involve grading, seeding and herbicide application on Teton Terrace and adjacent property. Secondly, the City would quit claim to you any interest it might have in the hiatus and cooperate with you in titling said property in your name. In consideration of the City's concessions, you would execute an easement for the drainage is\wp\beggii.wpd ditch from Teton Terrace to Yellowstone Street and from Yellowstone Street to Two Mile Drive. If you accept the City's proposal, I believe all parties will be benefitted. Please review the above suggested resolution and determine if it meets with your expectations. I look forward to hearing from you regarding any suggestions you may have. Sincerely, Glen Neier City Attorney PC: City Manager TD& H Housing Manager, PECDD Sandon Construction iAwp\beggii.wpd MI IN - k , : - , - IMF �:IFI, Fi. an effort to quickly resolve the conflicts, plegse =ist us by providing invoices for title company easement searches, engineering services, surveying services and attorney fees. Be advistd, the City has and is incurring similar expenses. Sandon Construction is the contractor to the City responsible for the completion of Teton Tenw,e. HaTp Line Constniction and Montana Power ComVany placed utffifies for the service of future residenca. Montana Power is a utility; Harp was retained by them. Trespass and damages caused by these parties are not the responsibility of the City. The City and it's Engineers are convinced the "mystery" triangle exists. ... understand your surveyor and engineer hold the same belief. The City will "quit clairn" any interest the City MU have in the triangle to the Begg's. The City does not benefit by ownership. Only the Begg property is benefitted by the additional of the ft-iangle to the parent parcel. AIWA—re UITT"A-2,11-019W -- 77171Cgg's gr-571 5H MR77Aemul 5 - . F City of the drainage ditch, Begg's could fence the property line as long as the fence did not defeat the purpose of the drainage ditch. There is adequate right-of-way for the pavement in the alley in Forta Villa to be located within ffie alley right-of-way. Lot I of Porta Villa number 3 bas a 10 fbot ac=n easement, which for the faw-plcx will have to suffice. This easement is private. Your property has been acknowledged as properties for future development. Development will require drainage. The existing ditch does or can drain lands owned by Begg which at a minimurn adjoin the ditch and rnay extend for several hundred feet westerly. The exact or precise extent of the benefit would depend on the pattern of development. Secondly, since the City would maintain the ditch, it's continued use would not economically impact the curTent or I 1 1" 1111FIR!27110 11 1 Responsibility for ir&q caused by the ditch would be subject to the courts decision. Becaus� tho ditch would be fbr City bcncflt =d wonid, be maintained by thu City, Utt: City rnay be responsible party. W ! 111 111 M=111 111-1- k 111 MM F I f 4 oll UMMW.q= 0 WOO a MIPPRkilk- - Mil TOTAL P.03 e (11y 0iIncorporated 1892 C11111 0 Py Kallspell Telephone (406) 758-7700 FAX (406) 758-7758 Post Office Box 1997 Kalispell, Montana Zip 59903-1997 January 15, 1997 Jerry Begg 220 Woodland Avenue Kalispell, MT 59901 Re: Teton Terrace Since your letter of November 26, 1996, the City and its Consulting Engineers, Thomas, Dean and Hoskins, have been researching and analyzing the encroachments on your property adjacent to Teton Terrace. The City is in a position to work cooperatively with you in resolving the encroachments. In an effort to resolve the problem, please assist us by providing invoices for title company easement searches, engineering services, surveying services and attorney fees. Please be advised that the City is also incurring similar expenses in working out the difficulties. Sandon Construction is the contractor to the City responsible for the completion of Teton Terrace. Harp Line Construction and Montana Power Company placed utilities for the service of future residences. Montana Power is a utility; Harp was retained by them. Trespass and damages caused by these parties are not the responsibility of the City. The City and its Engineers are convinced that "mystery triangle" exists. We understand your surveyor and engineer hold the same belief. The City will "quit claim" any interest the City may have in the triangle to you. However, the City does not own the triangle, nor is it benefitted by ownership. Only your property is benefitted by the addition of the triangle to the parent parcel. After the City "quit claims" its interest to you, and you grant an easement back to the City for the drainage ditch, you would be free to fence the property line, so long as the fence did not defeat the purpose of the drainage ditch. There is adequate right-of-way for the pavement in the alley in Porta Villa to be located within the alley right-of-way. Lot 1 of Porta Villa #3 has a 10- foot access easement, which for the four-plex, will have to suffice. This easement is private. Douglas Rauthe Mayor Clarence W. Krepps City Manager City Council Members: Gary W. Nystul Ward I Cliff Collins Ward I Norbert F. Donahue Ward II Dale Haarr Ward II Jim Atkinson Ward III Lauren Granmo Ward III Pamela B. Kennedy Ward IV M. Duane Larson Ward IV Your property has been acknowledged as properties for future development. Development will require drainage. The existing ditch does or can drain lands owned by you, which at a minimum adjoin the ditch and may extend for several hundred feet westerly. The exact or precise extent of the benefit would depend on the pattern of development. Secondly, since the City would maintain the is\wp\begg3 ditch, it's continued use would not economically impact the current future owners of your property. Responsibility for injury caused by the ditch would depend on the facts of a particular case. However, because the ditch would be for City benefit and maintained by the City, the City would be responsible for negligence on its part. Enclosed are plans and a report which estimates the volume of run-off Teton Terrace contributes to the ditch. Please respond with you thoughts on our proposal. Sincerely, Glen Neier City Attorney is\wp\begg3 April 14, 1997 Mr Glen Neier City Attorney P O Box 1997 Kalispell MT 59903-1997 RE: Teton Terrace Dear Glen, Six months ago I contacted the City concerning problems with their subdivision development Teton Terrace. These included unlawful trespass, destruction of property, diversion of runoff water onto our property and digging a drainage ditch on our property to facilitate the runoff from Teton Terrace down the ditch. Earlier this spring I viewed and photographed a small lake that formed at the southeast corner of the property as aresult of the city's actions which in addition filled the Two Mile Ditch to a level that almost spilled over the road. It had been my intent to try to resolve -this matter over the winter yet to date the city has not made any proposal by way of resolving this problem. I have incurred legal, survey and engineers expenses as well as spending over 30 hours of my time on this so far. My attorney has advised me to seek a court injunction to prohibit the city from any further development of Teton Terrace until we have reached an agreement. If the city continues to ignore this situation that is exactly what I will be forced to do. A'