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CorrespondenceMANIA LAW KM Building, Suite 6 200 First Avenue East P.O. Box 1757 Kalispell, MT 59903 Richard DeJana Attorney at Law July 7, 1993 Glen Neier City Attorney Kalispell City Hall Kalispell, MT 59901 Re: Gateway Orchard Villa Estates Dear Glen: Phone (406) 752-4120 Fax (406) 752-5015 Please find revised deeds, one for the City to sign and one for our clients to deliver to you, regarding Orchard Villa. I assume that these are acceptable in that I delivered to you copies on the 6th. If there are any problems let me know. In the meantime, I am copying this letter, an original and one copy of the deed from my clients to the City, to my clients asking that they execute the same and return to me which I will notarize and deliver to you in exchange for the other deed. I will be sending a copy to Mr. Jens showing that the road is taken care of. Since we decided a dedication is not appropriate, does the City need to declare this a public road on the portion that we have deeded to you? If so we would like that taken care of as soon as possible. If you have any other questions please don't hesitate to contact me. I remain, Sincerely, k IV Richard DeJana RDJ/rwb Enclosures CC. Thomas, Dean & Hoskins, Inc. w/encl. GSEN w/encl. FOR VALUE RECEIVED, The City of Kalispell, a body politic, the grantor, does hereby grant, bargain, sell and convey unto GESN, a partnership, composed of Frank Strickland, Jack Enderson, Ron Gipe and Dale Crosby -Newman, grantees, and to its successors and assigns the following described premises in Flathead County, Montana, to -wit: Lot A of Porta Villa Subdivision #2, according to the map or plat thereof on file and of Record with the Clerk and recorder of Flathead County, Montana Subject to : 1. All encumbrances of record: TO HAVE AND TO HOLD the said premises, with their appurtenances unto the said grantee, and to its successors and assigns forever. And the grantor does hereby covenant to and with the said grantee. DATED: The City of Kalispell, Montana LIM M STATE OF MONTANA County of Flathead On the undersigned, appeared SS. day of , 1993, before me, the Notary Public for the State of Montana, personally ___---- ---- ------ -- and known to me to be the �— and , of the City of Kalispell and who acknowledged to me that they subscribed to the within instrument and that he executed the same on behalf of said City and with approval of the City Council. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and year in this certificate first above written. Notary Public for the State of Montana Residing at Kalispell, Montana My Commission Expires: GRANT DEED FOR VALUE RECEIVED, GESN, a partnership, composed of Frank Strickland, Jack Enderson, Ron Gipe and Dale Crosby -Newman, of Lakeside, Montana, the grantor, does hereby grant, bargain, sell and convey unto The City of Kalispell, a body politic, grantees, and to its successors and assigns the following described premises in Flathead County, Montana, to -wit: SEE EXHIBIT 'A' ATTACHED HERETO AND BY THIS REFERENCE INCORPORATED HEREIN. Subject to : 1. All encumbrances of record; 2. A right held in the Grantors and their successors and assignees to defeasance should the primary use of the property ever cease to be for ingress and egress and utility purposes for the people of Kalispell, Montana. The purpose of this grant is to establish a declared City road know as Glenwood Dr.; 3. Reserving also an easement along the Westerly 10 feet of the property for utility and signing purposes with the easement appurtenant to that property described as Gateway Villa Subdivision, Flathead County, Montana. TO HAVE AND TO HOLD the said premises, with their appurtenances unto the said grantee, and to its successors and assigns forever. And the grantor does hereby covenant to and with the said grantee. GESN, a Partnership By By By By STATE OF MONTANA ) ss. County of Flathead ) On the day of , 1993, before me, the undersigned, Notary Public for the State of Montana, personally appeared Frank Strickland, Jack Enderson, Ron Gipe and Dale Newman known to me to be all the Partners of GESN, a partnership, and who acknowledged to me that they subscribed to the within instrument and that they executed the same on behalf of said partnership. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and year in this certificate first above written. Notary Public for the State of Montana Residing at Kalispell, Montana My Commission Expires: t * T0;7i42M Obi A tract of land in the Southeast Quarter of the Northeast Quarter (SEkNek) of Section Twelve (12), T28N, R22W., P.M.M. Flathead County, Montana, and more particularly described as follows: Commencing at the Southeast corner of the SEhNEh of Section 12; thence S89°46'W, and along the Southerly boundary line of said SEhNEk 646.77 feet to the Southwest corner of the East half of the SEhNEk of said Section 12; thence NO°46'W and along the Westerly boundary line of the East half of the SEkNEk, 40.0 feet to a point on the Northerly boundary line of a County Road and the true POINT - OF -BEGINNING of the tract of land being described; thence N0°461W and along the Westerly boundary line of said East half of the SEhNEk 130.0 feet to a point; thence S890471W and parallel to the Southerly boundary line of said SEkNEk 75.0 feet to a point; thence S0046'E and parallel to the Westerly boundary line of the East half of the SEkNEk of said Section 12; 130.0 feet to a point on the Northerly boundary line said County Road; thence N89047'E and along the Northerly boundary line of said County Road 75.0 feet to the POINT -OF -BEGINNING and containing 0.22 acres of land, more or less. DIUANA LAW KM Building, Suite 6 200 First Avenue East P.O. Box 1757 Kalispell, MT 59903 Richard DeJana Attorney at Law August 2, 1993 Glen Neier Kalispell City Attorney Kalispell City Hall Kalispell, MT 59901 Re: Gateway Orchard Villa Estates Dear Glen: Phone (406) 752-4120 Fax (406) 752-5015 The purpose of this letter is to confirm our agreement with respect to several items, those are as follows: 1. Subdivision Improvement Agreement, that was executed some time ago but the Letter of Credit has not yet been attached as we were waiting for our copy which we just secured from you on the 2nd of August. I am seeking a Letter of Credit in the full amount less deductions for items certified as completed since the project has been going along. Hope to have that to you within the next week. 2. More important problem is the dedication of the 60 foot roadway as part of Lot 5E in Section 12, Township 28, North Range 22 West, P.P.M., Flathead County, Montana. As you know we were going to deed you the entire parcel, a copy of the deed is included herewith. Pursuant to our agreement because, the City was going to deed over the Porta Villa Lot, (Lot A) and presently can not, I have decided we are tendering you the Deed but I will actually keep physical custody until asked for by the City. In the meantime, the road will be continue to be used and will be allowed to be used by the City. We both deem that the condition of provid'Lng the right of way is satisfied by this approach but only assures the completion of all unnecessary matters including some leverage, perhaps, to have the Porta Villa Lot treated as for roadway purposes, i.e. the exchange for another roadway. I will get back to you with further developments on Porta Villa within the next few days. I remain, Sincerel Richard DeJana RDJ/rwb CC. Mike Fraser Frank Strickland Tom Jentz, Regional Planning Office w/enclosures - E THOMAS, DEAN & HOSKINS INC. ENGINEERING CONSULTANTS No. 6 Sunset Plaza • Kalispell, Montana 59901 • (406) 752-5246 • FAX (406) 752-5230 August 13, 1993 Bruce Williams City Manager City of Kalispell P.O. Box 1997 Kalispell, MT 59903-1997 RE: Gateway Orchard Dear Bruce: Enclosed is the Certificate of Completion, original Letter of Credit and cash in lieu of parks for the subject subdivision. Very truly yours, THOMAS, DE & HOSKINS, INC. Mic ael W. Fraser MWF:mj K92-88 Encl: a:wlms.ltr cc: Tom Jentz Frank Strickland OFFICES IN GREAT FALLS, BOZEMAN, KALISPELL AND SPOKANE DEJANA LAW KM Building, Suite 6 200 First Avenue East P.O. Box 1757 Kalispell, MT 59903 Richard DeJana Attorney at Law December 3, 1993 Glen Neier City Attorney Kalispell City Hall Kalispell, MT 59901 Re: Gateway Orchard Villa Estates (Portavilla Lot) Dear Glen: Phone (406) 752-4120 Fax (406) 752-5015 Pursuant to our meeting on the first of December, I wanted to drop you a note and confirm our discussions. In reviewing the title report and the like on Portavilla we found it would probably be necessary for you to make sure that the City originally secured the property by tax deed. If that is the case then we are both of the opinion that the Quitclaim Deed probably created no reversionary interest. That of course is because there was nothing to revert in that the grantors had no title. The question came up in going through things as to whether or not we actually received a tax deed. If in fact we did not then the reverter probably exists. If that is the case the quite title will have little success. I will be asking Mike Fraser to figure out the value that we lost, if we don't get the lot, and I suggest at that point you also look for additional lots the city may own that are of comparable value that we may trade or pursue some other avenue. Please let me know what you find out about the tax deed so we can go on from there. I remain, Sincerely, Dictated but not read. Richard DeJana RDJ/rwb CC. Frank Strickland Mike Fraser November 3, 1993 Bob Babb City of Kalispell P.O. Box 1997 Kalispell, MT 59901 RE: Gateway Orchard Dear Bob: Enclosed is the Engineers Certification of Final Completion. With this letter we are requesting the City's acceptance of the streets, water, sewer and drainage. The City currently has the developers letter of credit, issued from the Ronan State Bank. Please return the original to our office. Street signs and traffic control signing were not a developers requirement for subdivision or the conditional use permit. Jerry Diegel has indicated the number and location of signing and traffic control sign type are the control of the City. Since the partnership has installed over $500,000 in infrastructure, purchased a $70,000 lot which has been deeded to the City and worked cooperatively with the City, the City should complete the needed signage. The City agreed in the Memorandum of Understanding to deed, free and clear, Lot A of Porta Villa. This has not occurred, but the developers have supplied the deed to Fleming parcel. Prior to the filing of the deed to the Fleming parcel to the City, title to Lot A must be cleared and the deed prepared for filing. Sincerely, Frank Strickland GSEN Partnership Encl: cc: Rich Dejana CERTIFICATE OF COMPLETION for Gateway Orchard Villa The undersigned, acting for Thomas, Dean & Hoskins, Inc., does hereby certify that said firm is duly licensed to practice Civil Engineering in the State of Montana and has performed such services in connection with Gateway Orchard Villa Subdivision, Kalispell, Flathead County, Montana. The undersigned further certifies that the water, sewer, drainage and street improvements have been completed in substantial conformance with the approved design, plans and specifications. Dated this 4 day of 1993. THOMAS, DEAN & HOSKINS, INC. Michael W. Fraser 3826 P.E. We propose to alternate conditions to that proposed by the staff only as follows: We propose a new item 1 with the subsequent conditions being renumbered consecutively and a new or revised condition for the present condition number 2. All other conditions are favorably viewed by the developer. These changes and the reasoning are as follows: NEW ITEM 1: 1. That the city approve the requested conditional use as multi -family for apartments and condominiums subject to the conditions stated below. Further that the city approve the conditional use as multi family for town -houses, but recognizes that before a town house may be sold or conveyed, there exists and additional requirement of subdivision approval. This requirement shall not be used to require subdivision approval or election to build town -houses before the issuance of a building permit, but only to require that such approval as required by law be secured before the division of the land into town -houses and their sale. reasons: Because a town -house requires later subdivision approval, we believe it is good policy to reflect that additional, separate approvals are necessary for the use as town -houses. Because, the decision to go to town -houses may be made after construction --- provided the construction is such that it complies with the building code for both town -house and condominiums or apartments, we wanted to make sure that this requirement --- which we feel should be spelled out-- did not impose a premature decision as to the direction that the developer should go. 2. The applicant shall comply with all conditions of the approved preliminary plat of Gateway Orchard Villas. If the applicant chooses to build the project in phases, a phasing plan shall be submitted to and approved by, the Kalispell Site Plan Review committee to ensure that each phase is freestanding on its own merit. first choice Delete item 2 reasons 1. A preliminary plat has not yet been approved, thus this may in fact become a void or voidable condition which would negate the entire condition including the part we believe is in the city°s interest to retain.. 2. This original implies that final plat approval is necessary before a building permit shall issue, the problem is that at the time of the major infrastructure preparation, many of the foundations could be built thus reducing development costs, but if the final plat is needed, these cost are not alleviated. On the other hand if the infrastructure were bonded to secure final plat, the phased units would not be freestanding. 3. There is a philosophical problem with including subdivision requirements in zoning issues. The original approach treats projects that do not require subdivision different than those which may. The conditional use could be granted without subdivision and visa versa, thus the two should not be combined. 4. We are also not convinced that the phasing is as much a zoning issue as it is a subdivision issue. The phasing with review of the Kalispell Site Plan Review committee is not objectionable in itself and perhaps should quickly be forwarded to the city counsel as an addition subdivision requirement to be imposed by the counsel at their hearing on March 15, 1993. The developer would not object to this. second choice Site Plan - ensure that each phase is freestanding on its own merit. reasoning : We have the same concerns as above but at least this recognizes the problem at first choice. This version keeps the phasing requirements and site review that we believe really belongs in the subdivision approval. In addition this version solves the question of the building permit. One should note that the freestanding language still remains so that each phase if that is chosen will comply with the essentials of city services, but the permit can issue once site review has determined what must go in simultaneously. third choice: 2. The applicant is not relieved of the conditions of preliminary plat of Gateway Orchard Villas, if approved, by anything contained herein. If the applicant chooses to build the project in phases, a phasing plan shall be submitted to and approved by, the Kalispell Site Plan Review committee to ensure that each phase is freestanding on its own merit. Final subdivision plat approval is not required for the granting of a building permit by this conditional use permit. reasoning : see above. The difference here is that if the board chooses to reference the preliminary plat, it recognizes that it has not as yet been adopted and recognizes that its terms also govern the property but under subdivision law and not zoning law. forth choice: 2. The applicant shall comply with all conditions of the preliminary plat or amended preliminary plat of Gateway Orchard Villas as approved by the city provided the same is approved either before the granting of the conditional use permit or thereafter provided the conditional use permit has not expired or been revoked. If the applicant chooses to build the project in phases, a phasing plan shall be submitted to and approved by, the Kalispell Site Plan Review committee to ensure that each phase is freestanding on its own merit. Final subdivision plat approval is not required for the granting of a building permit by this conditional use permit. reasoning: This recognizes that the plat has not been approved as yet and that town -house plats may be forth coming. This also retains the comment the conditional uses reference to the preliminary plat requirements does not mean that when the building inspector determines if a structure is in compliance with the zoning that he must see a final plat approval. Incorporated 1892 Telephone (406)752-6600 Fax: (406)755-8017 PO Box 1997 Zip 59903-1997 TO: Director FROM: Official Building Department f � Craig Kerman Building Official \1 Brian Wood joining Administrator Dwain Elkins t Buildin Inspector RE: Gateway Orchard Villa: Apartment or Townhouse? ®ATE: May 20, 1993 On May 20, 1993, 1 met with Mike Fraser, Jack Endresen and Frank Strickland concerning the Gateway Orchard Villa project. They are going to submit a proposal to the City which they hope will allow them to get permits for and build townhouses even though the sub -lots that the townhouses will be built upon have not yet been created. Further, there is no certain guarantee the sub -lots ever will be created. Recall that if the sub -lots are not created for any reason, the structure built on the parent lot will be a 4 or 5 unit apartment on one lot, not 4 or 5 townhouses, each situated on its own sub -lot. Each situation is unique and each building is evaluated according to its unique circumstances. A building permit is then issued for a specific building which meets code while possessing its unique circumstances. Because building11 permits are legal documents and are retained on file indefinitely I believe it is important to have an accurate record. Code requirements are different for apartments than they are for townhouses. The records would not be accurate if a building permit was issued for an apartment that was really a series of townhouses and vice versa. The builder has retained, through subdivision and conditional use permit processes, the option to build townhouses and/or apartments. Even though the contractor has retained the option of being able to build either apartments or townhouses he does not wish to build a hybrid building that meets the minimum standards of an apartment building or a townhouse so the building could be made to conform whether the sub -lots were created or not. Page 2, Gateway Orchard Memo He will propose to build a building on a lot which by code would be an apartment building. The building however would not be built to apartment standards but would be built to less expensive townhouse standards. The building would be nonconforming unless or until the sub -lots are created from the parent lot. If all goes as planned and promised we will have been illegal only for a little while. If the city agrees to issue townhouse permits the developer will somehow guarantee that he will build townhouses and will then follow through and create the sub -lots which will legitimize the townhouses. From a building code perspective the process is backwards from what it ought to be. Lots and infrastructure should exist, followed by building construction. In this instance they want to build the buildings and then create the lots. For Phase I (Lots and 14) building construction would be delayed if building permits were not issued until 9 sub -lots were created. For Phase I I (Lots 2 and 11) foundation construction and maybe building construction would be delayed if subdivision preceded building. For Phase III the contractor can easily plan the work to create lots upon which to build specific buildings to detailed plans and specifications. It is this department's preference to have all 88 townhouse lots platted up -front. If, in the future it is decided that apartments are desired, the sub -lot lines could easily be eliminated. Please contact me for input regarding the contractors proposal and keep me informed of its status. CAK/mw cc: Glen Neier, City Attorney Telephone (406) 752-6600 P.O. Box 1997 Zip 59903-1997 T e Cit� oi, Kal isL�l I Incorporated 1892 May 3, 1993 Montana Department of Health and Environmental Sciences Water Qualjty'Bureau Cogswell "Building Room A-206 Helena, MT 59620 Re: Kalispell Water and Sewer Improvements Gateway Orchard Villas To Whom It May Concern: The plans, specifications and design report for the above referenced project have been reviewed by the Kalispell Department of Public Works and found to be satisfactory. Our approval is based on the revised documents which were submitted on April 28, 1993. Please feel free to contact me at 752-6600, ext. 282, if you have any questions. Sincerely, C John C. Wilson Assistant to the City Engineer cc: Thomas, Dean & Hoskins, Kalispell -""' 'u� Douglas Routhe Mayor Bruce Williams City Nlonager City Council Members: Gary W. Nysiul Word I Cliff Collins Ward I Barbara Noses Ward II Fred Buck Ward 11 Jim Atkinson Word III Lauren Granmo Ward III Pamela B. Kennedy Ward N M. Duane Larson Ward N T e City oi Kalispe Incorporated 1892 Telephone (406) 752-6600 Douglas Rauthe P.O. Box 1997 r. i - Mayor Zip 59903-1997 , ....: Bruce Williams City Manager g M A Y "' °' 19 3 City Council May 24, 1993 Members: ..ba y Gary W. Nystul Flathead Regional Development Office Ward 1 723 5th Avenue East - Room 414 Cliff Collins Kalispell, MT 59901 Ward I Barbara Moses Re: Gateway Orchard Villas Ward 11 Solid Waste Disposal Plan Fred Buck Ward II To Whom It May Concern: Jim Atkinson Ward III The solid waste disposal plan for the Gateway Orchard Villas subdivision is hereby approved. Under this plan each individual housing unit will utilize and store a 90 Lauren Granmo Ward III gallon garbage container. Each container will be picked up once per week by the City of Kalispell garbage collection service. Pamela B. Kennedy Ward N Please call if you have any questions. Wo Duane vparson Very t ly yours, 1?0-14 Robert H. Babb, P.E. Director of Public Works City Engineer cc: Thomas, Dean & Hoskins Consulting Engineers the City oi Kalispell Telephone (406) 752-6600 P.O. Box 1997 Zip 59903-1997 May 21, 1993 Richard DeJana Attorney at Law P. O. Box 1757 Kalispell, MT 59903-1757 Re: Gateway Orchard Villa Dear Rich: Incorporated 1892 Attached hereto is a Memorandum authored by Craig Kerzman, Building Official for the City of Kalispell, discussing the City's impression of your clients' intentions on developing the Gateway Orchard Villa Subdivision. As it stands now, Mr. Endresen and Mr. Strickland are proposing to build nine (9) units as part of the Phase I development. The Conditional Use Permit granted for Gateway Orchard allowed for 88 units either apartments or townhouses to be located on the approximately 9 acres at Gateway Orchard. The plans submitted by your clients for Phase I indicates a townhouse development, under the CABO One and Two Family Dwelling Code, without benefit of Final Plat approval, which the City cannot approve. The proposed alternative, building apartments under the Uniform Building Code, requires certain construction techniques which will increase significantly the cost of each unit. I have discussed the matter this A.M. with Craig and would offer the following for your consideration: 1. The City is willing to issue building permits for framing on Phase I of Gateway Orchard for apartment construction. This proposed compromise would allow your clients to continue with construction of Phase I, with a minimum of delay at least for a few weeks. 2. The developers during the period of framing would proceed with Final Plat on Phase I with the object being approval and filing of Final Plat prior to closing in structures involved in Phase I. Douglas Rauthe Mayor Bruce Williams City Manager City Council Members: Gary W. Nystul Ward I Cliff Collins Ward I Barbara Moses Ward II Fred Buck Ward it Jim Atkinson Ward III Lauren Gronmo Ward III Pamela B. Kennedy Ward N M. Duane Larson Ward N Richard DeJana May 21, 1993 Page 2 3. If Final Plat approval is obtained (or imminent) at the time, or prior to, framing completion the City will issue a full building permit for Phase I construction of townhouse units. 4. If Final Plat approval is not obtained the developers will proceed to construct Phase I as apartments units pursuant to the provisions of the Uniform Building Code. 5. The City will process a foundation permit for Phase II and any other Phases anticipated by the developers without regard to the townhouse/apartment problem. However, the City will not issue building permits for townhouse construction on Gateway Orchard, unless and until, Final Plat approval is received for all Phases subsequent to Phase I. If building permits are issued for units at Gateway Orchard without Final Plat approval, they shall be constructed as apartment units. Please review this letter with your clients and respond with your determination on this matter. Thank you. Sincerely, Glen lZier GN/sh pc: Bruce Williams Craig Kerzman �._ Incorporated 1892 Telephone (406)752-6600 Fax:(406)755-8017 PO Box 1997 Zip 59903-1997 ZNAIL•'��N TO: Lawrence Gallagher, Director r FROM: g A. Kerzman, BuildingOfficial RE: Gateway ! Apartment or o On May 20, 1993, 1 met with Mike Fraser, Jack Endresen and Frank Strickland concerning the Gateway Orchard Villa project. They are going to submit a proposal to the City which they hope will allow them to get permits for and build townhouses even though the sub -lots that the townhouses will be built upon have not yet been created. Further, there is no certain guarantee the sub -lots ever will be created. Recall that if the sub -lots are not created for any reason, the structure built on the parent lot will be a 4 or 5 unit apartment on one lot, not 4 or 5 townhouses, each situated on its own sub -lot. Each situation is unique and each building is evaluated according to its unique circumstances. A building permit is then issued for a specific building which meets code while possessing its unique circumstances. Because building11 permits are legal documents and are retained on file indefinitely I believe it is important to have an accurate record. Code requirements are different for apartments than they are for townhouses. The records would not be accurate if a building permit was issued for an apartment that was really a series of townhouses and vice versa. The builder has retained, through subdivision and conditional use permit processes, the option to build townhouses and/or apartments. Even though the contractor has retained the option of being able to build either apartments or townhouses he does not wish to build a hybrid building that meets the minimum standards of an apartment building or a townhouse so the building could be made to conform whether the sub -lots were created or not. Page 2, Gateway Orchard Memo He will propose to build a building on a lot which by code would be an apartment building. The building however would not be built to apartment standards but would be built to less expensive townhouse standards. The building would be nonconforming unless or until the sub -lots are created from the parent lot. If all goes as planned and promised we will have been illegal only for a little while. If the city agrees to issue townhouse permits the developer will somehow guarantee that he will build townhouses and will then follow through and create the sub -lots which will legitimize the townhouses. From a building code perspective the process is backwards from what it ought to be. Lots and infrastructure should exist, followed by building construction. In this instance they want to build the buildings and then create the lots. For Phase I (Lots and 14) building construction would be delayed if building permits were not issued until 9 sub -lots were created. For Phase 11 (Lots 2 and 11) foundation construction and maybe building construction would be delayed if subdivision preceded building. For Phase III the contractor can easily plan the work to create lots upon which to build specific buildings to detailed plans and specifications. It is this department's preference to have all 88 townhouse lots platted up -front. If, in the future it is decided that apartments are desired, the sub -lot lines could easily be eliminated. Please contact me for input regarding the contractors proposal and keep me informed of its status. CAK/mw cc: Glen Neier, City Attorney T e Gly oi Kal Telephone (406) 752-6600 Incorporated 1892 /' Douglas Rauthe l� P.O. Box 1997 J Mayor Zip 59903-1997 Bruce Williams ? s 1 City Manager n `rr City Council May 21, 1993 f Members: ,f ' I Gary W. Nystul v., Ward I Cliff Collins Richard DeJana , tr Ward I Attorney at Law Barbara Moses P . 0. BOX 1757 Ward ll Kalispell, MT 59903-1757 Fred Buck = Ward II Re: Gateway Orchard Villa 1 Jim Atkinson Dear Rich: ` _ 1 Ward III Lauren Granmo Attached hereto is a Memorandum authored by Craig Kerzman, Ward III Building Official for the City of Kalispell, discussing the City's impression of your clients' intentions on developing Pamela B. Kennedy the Gateway Orchard Villa Subdivision. As it stands now, Mr. Wardle Endresen and Mr. Strickland are proposing to build nine (9) M. Duane Larson units as part of the Phase I development. The Conditional Use Ward IV Permit granted for Gateway Orchard allowed for 88 units either apartments or townhouses to be located on the approximately 9 acres at Gateway Orchard. The plans submitted by your clients for Phase I indicates a townhouse development, under the CABO One and Two Family Dwelling Code, without benefit of Final Plat approval, which the City cannot approve. The proposed alternative, building apartments under the Uniform Building Code, requires certain construction techniques which will increase significantly the cost of each unit. I have discussed the matter this A.M. with Craig and would offer the following for your consideration:, ui 1. The City is willing to issue building permits for framing on Phase I of Gateway Orchard for apartment construction. This proposed compromise would allow your clients to continue with construction of Phase I, with a minimum of delay at least for a few weeks. 2. The developers during the period of framing would proceed with Final Plat on Phase Ijwith the object being approval and filing of Final Plat prior to closing in structures involved in Phase I Richard DeJana May 21, 1993 Page 2 3. If Final Plat approval is obtained (or imminent) at the time, or prior to, framing completion the City will issue a full building permit for Phase Iconstruction of townhouse units. 4. If Final Plat approval is not obtained the developers will proceed to construct Phase I,as apartments units pursuant to the provisions of the Uniform Building Code. 5. The City will process a foundation permit for .— I any other Phases anticipated by the developers without regard to the townhouse/apartment problem. However, the City will not issue building permits for townhouse construction on Gateway Orchard, unless and until, Final Plat approval is received for all Phases subsequent to Phase.. If building permits are issued for units at Gateway Orchard without Final Plat approval, they shall be constructed as apartment units. Please review this letter with your clients and respond with your determination on this matter. Thank you. Sincerely, Glen eier GN/sh pc: Bruce Williams Craig Kerzman D'EJANIA LAW KM Building, Suite 6 200 First Avenue East P.O. Box 1757 Kalispell, MT 59903 Richard DeJana Attorney at Law May 25, 1993 Glen Neier Kalispell City Attorney City Hall Kalispell, MT 59901 Re: Gateway Orchard Villa Dear Glen: Phone (406) 752-4120 Fax (406) 752-5015 The purpose of this letter is to deal with our conversations regarding your letter of May 21, 1993 and Gateway Orchard Villa. I realize you are presently without a secretary so I wanted to put this in writing and if you need to make any changes please let me know. We have agreed that your letter, a copy of which is attached, is substantially the agreement between the parties except that we will allow also the permits for Phase II under the same terms that we are doing it under Phase I. The reason for this was because of the tie up in getting the additional land with the potential IRS lien on one of the pieces of property may slow down the final plat approvals. Other than that I see no problems and we will be submitting very quickly. Thank you for your attention. I remain, Sincerely, Richard DeJana RDJ/ rwb CC. Mike Fraser Frank Strickland Enclosure D ANI A LAW KM Building, Suite 6 200 First Avenue East P.O. Box 1757 Kalispell, MT 59903 Richard DeJana Attorney at Law May 4, 1993 Glen Neier Kalispell City Attorney City Hall Kalispell, MT 59901 Jonathan Smith Deputy County Attorney Flathead County Justice Center Kalispell, MT 59901 Re: Gateway Orchard Villa Gentlemen: Phone (406) 752-4120 Fax (406) 752-5015 Enclosed Glen will find an original and copy of a vacation of an easement. Jonathan will find a copy. In 1973 this easement was secured to provide drainage. Since that the property has been annexed into the City and the City has approved a subdivision which has storm drainage. In short, the ditch is no longer needed and is not of use to anyone. But, is a hinderance to my clients use of the property - buildings would be erected just over the easement and if the easement were to be a drainage ditch it would potentially be at cross purposes with our present approved storm drainage. Since Glen is in trial, I have taken the liberty of copying the easement vacation with this letter to Jonathan. If Glen would call.Jon after the trial and then get back to me on securing the vacation of easement, it would be greatly appreciated. In the meantime I hope Jon can review this approach and make sure it is legal from the County's view point. If there are problems, please call. Sincerely,,- Richard DeJana enclosures CC. Mike Fraser (Thomas, Dean & Hoskins) Frank Strikland VACATION OF EASEMENT Flathead County, a political subdivision of the State of Montana, with the City of Kalispell, a political subdivision of the State of Montana, hereby jointly and severally vacate and abandon that easement found in book 551 at page 685 records of Flathead County, Montana and shown on Exhibit A attached hereto. The City of Kalispell is the successor political subdivision having jurisdiction over the area while Flathead County is the original grantee. This easement is being vacated because the servient tenement has been subdivided and as a result thereof, drainage has been secured by other means including a storm drain. Dated this day of May, 1993. Flathead County Board of County Commissioners City of Kalispell by STATE OF MONTANA ) ss. County of Flathead ) On the day of , 1993, before me, the undersigned, Notary Public for the State of Montana, personally appeared and , known to me to be the persons whose names are subscribed to the within instrument and known to me to be the and of the City of Kalispell above named and acknowledged to me that they executed the same on behalf of the City. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and year in this certificate first above written. Notary Public for the State of Montana Residing at Kalispell, Montana My Commission Expires: STATE OF MONTANA ) ss. County of Flathead ) On the day of , 1993, before me, the undersigned, Notary Public for the State of Montana, personally appeared Howard Gipe, Sharon Stratton and Bill Hedstrom, known to me to be the Board of County Commissioners of Flathead County, Montana above named and acknowledged to me that they executed the same on behalf of Flathead County, Montana. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and year in this certificate first above written. Notary Public for the State of Montana Residing at Kalispell, Montana My Commission Expires: YF'YF.w�:.r. - Y r 77! .. _.t Y 'f'�"et- Y'1'r; . ... . ar^,K 551 pnc 685 DRAINAGE F1!SEMENT GRANT FOR VALUE RECEIVED, the undersigned do hereby grant to FLATHEAD COUNTY, a political subdivision of the State of :•iontana, and to any successor political subdivision haviragappropriate juris- diction, a perpetual easement to the tract of land described on the 0 Deed Exhibit attached hereto and by this reference incorporated herein, as is set forth verbatim herein. This easement is given for drainage purposes and includes the right to alter the topography of the area in order to secure effective drainage, including the right to use modern machinery. Actions by the grantee pursuant to this easement shall be so performed as not to unreasonably interfere with grantor's use of his property and shall be conducted in such a fashion as not to cause damage to grantor's other property. onard E. gash Nash STATE OF MONTANA ) ) ss. County of Flathead ) On this / Z day of April, 1973, before me, the undersigned, a Notary Public for the State aforesaid, personally appeared Leonard E. Nash and %' Nash, known to me to be the persons whose names are subscribdd to the €oregoing instrument, and acknowledged to me that they executed the same. IN WITNESS WHEREOF, I have hereunto r�et my hand and affixes; my Notarial Seal the day and year in this certificate above written. (N ary Public for the State of Montana 'Xiesiding at Kalispell, Montana J •cY A RIA V My Commission expires '7 el k DEE1) E)'(, 16i,1" ff f.4 �;i A. FOR; FLATNEAD ififU(ITV P M. M. T COUNTY, MONT. I I 1 AJ99.6._7E- 359.69 r57'W-35.9.B5 N 89'49 ' E 699.06 I :J 551 F,! ,E686 yY:0oy1e Enh3rpriSos !nc SURVLY'QR0 f SCALE I"= 2L i DATE oe t�P 'zfo G V t! I) E S C R I F r 1 0 A tract of land situate, lying and being; in the Southeast Quarter or the Northeast Quarte' (SETA TLl/4) of Section Tweilve '12) , :'vmship Twenty-eight (213) North, Range T-..;csmty-:wo t (22) West., P.N.M., Flathead County, Montana and more particularly described as follown to 1:.,i.•'± wit:�� :o=ncing at the SL: corizer of Block one(l) Y'�?• of FORTH VILLA SUBDIVISION of whkth a plat or r-ap is on file in the Clerk and ;Recorders office of Flathead County, ?fontann;thence N 0' 01' E., f" + and along the easterly boundary line of said ;ut Subdivision, a distance of 110.00 feet to the '?t-' true point of beginning of the tract of land. feting dcacriaed; thence N 0' 01' E., and along same line, 40.00 feet to a point; thence `jdrk N 39' 57' F.., a distance of 359.69 feet to a poin� thence S 0' 15' E., a distance of 40.00 ;"I' !i feet ro a voit:t; thence S 39' 117' W., ? zi r^� fjY a distance of .1:9.82 feet to She place 'Said :f ��r of beginning. described tract is to1, GG! O\J he used as an`easement'fnr drainage purposes. iA C E R T I F I C A 7 C O F S U R V E Y I, CHARLES W. DOYLr, a registered Land Survevor, do hereby certify that during the month cf March. 1973, I made a careful and accurate survey of the above described tract of land and that the distances and courses as shown are true and correct to the best of my knowjcagLT n*N..�elief. STATE OF MONTANA( Comtr ad Flatheod Filed�r record o1 the r •West ol..........:- � .... .. .. at.. .. . o'clock...... N. and this ... ....der ol...c�.++ ._19 ...... � .% Rom dad in V.I.�7.. / i%'was of Flatheod Co�State of Noatano, on PH g' .. _/';z. .4/ ar.`c;7acA.A1 l�kr�rrtn ct..... Return u�- �C^1 oepntr 12 sic s . • "` ' 4, �. INDEXED COPIED COMPARED i 'A THOMAS, DEAN & HOSKINS INC. ENGINEERING CONSULTANTS 690 North Meridian, Suite 101 • Kalispell, Montana 59901 • (406) 752-5246 • FAX (406) 752-5230 August 22, 1995 Glen Neier City Attorney City of Kalispell P.O. Box 1997 Kalispell, MT 59903-1997 RE: Gateway Orchard Villa Dear Glen: Enclosed is the appraisal report we received and reviewed. We stopped review with the Introduction, Page 3, Summary of Important Facts and Conclusions. The area of the lot is correct, approximately 7400 square feet. The site is vacant. The highest and best use is not single family. Zoning is RA-1 and a duplex would be an allowed use. The area is suitable for a duplex without a Conditional Use Permit. Therefore, the highest and best use is a duplex. In this case, the valuation should vary from the appraisal. The simplest approach would be to double the value to $36,000.00. If you have any questions, please feel free to contact us. Very truly yours, THOMAS, DEAN & HOSKINS, INC. mj ln'q� Michael W. Fraser MWF:mj K92-88 Encl: a:appraisal.ltr cc: Frank Strickland fi`r OFFICES IN GREAT FALLS, BOZEMAN, KALISPELL AND SPOKANE 0 CI1� �jllvll Incorporated 1892 Telephone (406) 752-6600 FAX (406) 752-6639 Post Office Box 1997 Zip 59903-1997 June 3, 1994 A.F. Wiedeman, III Vice -President Ronan State Bank P.O. Box B Ronan, MT 59864-0069 Re: Irrevocable Standby Letter of Credit #474 Dear Mr. Wiedeman: The City of Kalispell by this letter is returning and surrendering Irrevocable Standby Letter of Credit #474 issued by your institution on August 16, 1993. All construction for which said Letter was issued has been completed. Thank you for your attention in this matter. Cj;1leen incerely ier ity ttorney GN/sh Enclosure: Original Irrevocable Standby Letter of Credit #474 issued August 16,1993 pc: City Manager 00 Public Works Director Mike Fraser, TD&H -�� e Ylil 6, 3 Douglas Rauthe Mayor Bruce Williams City Manager City Council Members: Gary W. Nystul Ward I Cliff Collins Ward I Barbara Moses Ward II Dale Haarr Ward II Jim Atkinson Ward III Lauren Granmo Ward III Pamela B. Kennedy Ward IV M. Duane Larson Ward IV Incorporated 1892 Telephone (406) 752-6600 FAX (406) 752-6639 Post Office Box 1997 Zip 59903-1997 TO: Bruce Williams, City Manager FROM: Robert Babb, Director of Public Works RE: Gateway Orchard Villas On May 25, 1994, our office received a request to release the "Letter of Credit" for the above project. Upon inspection, I found all items completed except the seeding and landscaping of the drainage ditch on the east side of Glenwood. I recommend the release of the "Letter of Credit" upon receipt of a $2,000 cash bond to guarantee the drainage ditch work. cc: Glen- e'ier, City Attorney Amy Robertson, City Finance Director T,D. & H - Michael Fraser J & F Construction Douglas Rauthe Mayor Bruce Williams City Manager City Council Members: Gary W. Nyslul Ward I Barbara Moses Ward II Dale Haarr Ward II Jim Atkinson Ward III Lauren Granmo Ward III Pamela B. Kennedy Ward IV M. Duane Larson Ward IV THOMAS, DEAN & HOSKINS INC. ENGINEERING CONSULTANTS 690 North Meridian, Suite 101 • Kalispell, Montana 59901 • (406) 752-5246 • FAX (406) 752-5230 FACSIMILE COVER SHEET DATE: 2-26-96 TO: GLEN NEIER FROM: MIKE FRASER CITY ATTORNEY Thomas, Dean & Hoskins, Inc. 690 North Meridian, Suite 101 FAX NO: 758-7758 Kalispell, MT 59901 FAX No: (406) 752-5230 Original to be Mailed? �es No Total Number of Pages (including this cover page): 2 RE: JOB #: MESSAGE: Sent by: MFRASER OFFICES IN GREAT FALLS, BOZEMAN, KALISPELL AND SPOKANE Incorporated 1892 Telephone (406) 758-7700 FAX (406) 758-7758 Post Office Box 1997 Kalispell, Montana Zip 59903-1997 November 13, 1997 Amanda Elegant Curry Brandaw Architects 2260 Gilchrist Street S.E. Salem, OR 97302 Re: Prestige Assisted Living Facility Kalispell, Montana Dear Ms. Elegant: Enclosed please find a copy of the Developer's Extension Agreement pertaining to the street, water, sanitary sewer and storm drainage improvements which will serve the Prestige Assisted Living Facility on Glenwood Avenue in Kalispell, Montana. These improvements were constructed and financed by GESN Partnership in 1993. Based on this Agreement, a fee is due to GESN Partnership before water service can be provided to the Prestige Assisted Living Facility. Please provide the owner with this information to insure this fee is paid as soon as possible. The previous owner of the Prestige property granted an easement for street and drainage improvements along Glenwood Avenue, thereby releasing the property from obligations associated with street construction costs. However, costs for water, sanitary sewer and storm drainage improvements are to be shared by properties adjacent to Glenwood Avenue. The Agreement indicates a total cost of $101,440 for water, sanitary sewer and storm drainage improvements. Fifty percent of that cost, or $50,720, is distributed among those properties along the east side of Glenwood Avenue on a front footage basis. Given a total front dimension for all affected properties of 1473.49 feet, the unit share price is calculated to be $34.42 per foot. The Prestige property is identified in the Agreement as Tracts 5CFA and 5CC. We have applied a front footage dimension of 330.49 feet and a fee increase of 10% at each anniversary of the Agreement to calculate the Prestige Assisted Living Facility's fee at $16,654.50. Douglas Rauthe Mayor Clarence W. Krepps City Manager City Council Members: Gary W. Nystul Ward I Cliff Collins Ward I Norbert F. Donahue Ward it Dale Haarr Ward II Jim Atkinson Ward III John Graves Ward III Pamela B. Kennedy Ward IV M. Duane Larson Ward IV November 13, 1997 Prestige Assisted Living Facility Kalispell, Montana Page 2 The calculated fee should be confirmed with Frank Strickland for GESN Partnership, 690 North Meridian Road, Suite 210, Kalispell, Montana, 59901. The telephone number is 406.752.2881. Water service will be provided to the Prestige Assisted Living Facility upon confirmation from GESN Partnership that the terms of the Developer's Extension Agreement have been satisfied. Please give me a call at 406.758.7720 if you have any questions. Sincerely, Q L �� John C. Wilson, P.E. Assistant City Engineer enclosure (8 pages) cc: w/o enclosure GESN Partnership City Attorney Building Department w/enclosure Public Works Director Gateway Orchard Villas file Prestige Assisted Living Facility file .. KALISPELL, MT .0 Telephone 406- 752-2881 November 13, 1997 City of Kalispell Attention: Clarence Krepps P O Box 1997 Kalispell, MT 59903-1997 RE: Developer Extension Agreement - Tract 5CC Extended sewer main, water main and Street Gateway Orchard Villas / Glenwood Street Due as of June 1993 19121.76 Due as of June 1994 (additional 10% added) 21033.94 Due as of June 1995 (additional 10% added) 23137.33 Due as of June 1996 (additional 10% added) 25451.06 Due as of June 1997 (additional 10% added) 28006.17 Total Due to d,28006.17 Late fee of 1 1/2 % per month will be added after December 15, 1997