Loading...
02a. Resolution 4525 - Annexation - Ashley Park Phase IIIFlathead Regional Development Office 723 5th Avenue East - Room 414 Kalispell, Montana 59901 REPORT TO: FROM: MEETING DATE: Phone: (406) 758-5980 Fax: (406) 758-5781 Kalispell Mayor and City Council Narda A. Wilson, Senior Planner Chris A. Kukulski, City Manager Ashley Park Phase III Annexation and Initial Zoning January 3, 2000 BACKGROUND: This is a request for the annexation of Ashley Park Phase III subdivision, a 33 lot residential subdivision located on the west side of Airport Road and South of Ashley Creek. The subdivision contains approximately 8.41 acres. Currently this property is located in the County zoning jurisdiction and is zoned R-4, a Two Family Residential zoning district which is intended primarily for single family and duplex dwellings. An R-4, Two Family Residential, City zoning designation is proposed for the subdivision. The proposed zoning will comply with other zoning for other phases of Ashley Park subdivision and other zoning in the area. This matter went to the planning board for public hearing and consideration on December 14, 1999. The planning board is unanimously recommending that the property be zoned R-4 upon annexation into the city. In addition to the annexation request, the final plat for Ashley Park Phase III has been submitted. This final plat is being forwarded to the council concurrent with the annexation request. It would be appropriate for the council to consider the annexation request prior to the final plat. RECOMMENDATION: A motion to adopt the resolution amending the city limits boundaries to include this property and the ordinance to zone it R-4 upon annexation would be appropriate. FISCAL EFFECTS: Minor positive impacts once developed. ALTERNATIVES: As suggested by the city council. Narda A. Wilson Chris A. Kukulski Senior Planner City Manager Report compiled: December 22, 1999 Attachments: Letter of transmittal Staff report KA-99-7 and back-up materials Draft planning board minutes Providing Community Planning Assistance To: • Flathead County • City of Columbia Falls • City of Kalispell • City of Whitefish • RESOLUTION NO. 4525 A RESOLUTION TO PROVIDE FOR THE ALTERATION OF THE BOUNDARIES OF THE CITY OF KALISPELL BY INCLUDING THEREIN AS AN ANNEXATION CERTAIN REAL PROPERTY, MORE PARTICULARLY DESCRIBED IN "EXHIBIT A", TO BE KNOWN AS ASHLEY PARK PHASE III; TO ZONE SAID PROPERTY IN ACCORDANCE WITH THE KALISPELL ZONING ORDINANCE, AND TO DECLARE AN EFFECTIVE DATE. WHEREAS, the City of Kalispell has received a petition from Dennis Carver, of Somers Land Company, the owners of property located on the west side of Airport Road and south of Ashley Creek and described in Exhibit A, attached hereto and thereby made a part hereof, requesting that the City of Kalispell annex the territory into the City, and WHEREAS, the Flathead Regional Development Office has made a report on Somers Land Company Group's Annexation Request, #KA-99-7, dated December 7, 1999, and WHEREAS, the Kalispell City -County Planning Board and Zoning Commission recommended that the territory be annexed into the City of Kalispell, and WHEREAS, said territory is included within and conforms to the Kalispell City -County Master Plan, and WHEREAS, the City of Kalispell desires to annex said property in accordance with Title 7, Chapter 2, Part 46, Montana Code Annotated. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF KALISPELL AS FOLLOWS: SECTION I. That all the real property as described in Exhibit A, be annexed to the City of Kalispell and the boundary of the City is altered to so provide, and shall be known as Ashley Park Phase III. SECTION II. Upon the effective date of this Resolution, the City Clerk is directed to make and certify under the seal of the City, a copy of the record of these proceedings as are entered on the minutes of the City Council and file said documents with the Flathead County Clerk and Recorder. From and after the date of filing of said documents as prepared by the City Clerk, or on the effective date hereof, whichever shall occur later, said annexed territory is part of the City of Kalispell and its ashley park III.wpd - 1 - citizens and property shall be subject to all debts, laws and ordinances and regulations in force in the City of Kalispell and shall be entitled to the same privileges and benefits as are other parts of the City. SECTION III. The territory annexed by this Resolution shall be zoned in accordance with the Kalispell Zoning Ordinance. SECTION IV. This Resolution shall be effective immediately upon passage by the City Council. PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF THE CITY OF KALISPELL, THIS DAY OF JANUARY, 2000. Wm. E. Boharski Mayor ATTEST: Theresa White City Clerk ashley park III.wpd - 2 - EXHIBIT A LEGAL DESCRIPTION FOR ASHLEY PARK PHASE III ANNEXATION AND INITIAL ZONING OF R-4 A TRACT OF LAND, SITUATED, LYING, AND BEING IN THE NORTH HALF OF THE SOUTHEAST QUARTER OF SECTION 19, TOWNSHIP 28 NORTH, RANGE 21 WEST, P.M.,M., FLATHEAD COUNTY, MONTANA, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS TO WIT: Commencing at the northeast corner of the Northwest Quarter of the Southeast Quarter of Section 19, Township 28 North, Range 21 West, P.M.,M., Flathead County, Montana; Thence along the north boundary Of said NW1/4SE1/4 S88*39110"W 120.00 feet to a set iron pin and THE TRUE POINT OF BEGINNING OF THE TRACT OF LAND HEREIN DESCRIBED: Thence S01*21129"E 107.05 feet to a set iron pin; Thence N88*381311'E 13.00 feet to a found iron pin; _ Thence S01*21129"E 66.00 feet to a found iron pin; Thence S88,38131"W 33.00 feet to a found iron pin; Thence S01'21'29"E 487.00 feet to a set iron pin; Thence S88'39110"W 560.00 feet to a set iron pin; Thence N01*21129"W 437.00 feet to a set iron pin; Thence N38*13133"E 85.62 feet to a set iron pin; Thence NO1'21'29"W 107.05 feet to a set iron pin on the north boundary of said NW1/4SE1/4; Thence along said north boundary N88*39'10"E 525.44 feet to the point of beginning and containing 8.409 ACRES; Subject to and together with all appurtenant easements of record. THE A.BCVE DESCRIBED T:4ACT OF LAND SHALL HEREAFTER BE 1"OWN AS: ASHLEY PARR, PHASE III and should be able to have a determination sent by next week. MOTION Sipe moved and Heinecke seconded to adopt staff report KCU- 99-10 as findings of fact and, based on these findings, recommend to the Kalispell City Council that the conditional use permit be granted subject to the three conditions as outlined in the staff report. On a roll call vote all members voted Aye. The motion to recommend approval of the conditional use permit passed unanimously. SOMMERS LAND CO. J A request by Somers Land Co. for annexation of Ashley Park ASHLEY PARK PHASE Phase III into the city of Kalispell and initial zoning of R-4 for III ANNEXATION approximately 5.44 acres STAFF REPORT Narda Wilson gave a presentation on staff report KA-99-7 in which staff recommends initial zoning of R-4, a Residential District, upon annexation into the City of Kalispell. Ashley Park Phase Ill is ready to go to final plat and the staff has gone through the evaluation criteria. The annexation and final plat would be submitted to council together. Johnson asked if the South Kalispell Rural Fire Department had a problem, and Wilson stated that they had not commented and so she did not know if they had a problem with it. 'UBLIC HEARING The public hearing was opened and no one wished to speak and the public hearing was closed. BOARD DISCUSSION There was no board discussion. MOTION Stevens moved and Garberg seconded to adopt staff report KA- 99-7 as findings of fact and, based on these findings, recommend initial zoning of R-4, a Residential zone, upon annexation into the city of Kalispell. On a roll call vote all members voted Aye. The motion to recommend initial zoning of R-4 passed unanimously. BUFFALO CHIP A request by Buffalo Chip Partners for annexation of Buffalo PARTNERS Stage Phase IV into the city of Kalispell and initial zoning of RA - ANNEXATION AND 1 for approximately 5.58 acres. INITIAL ZONING STAFF REPORT Narda Wilson of the Flathead Regional Development Office gave a presentation on staff report KA-99-6 in which staff recommends initial zoning of RA-1, Low Density Residential Apartment upon annexation. Heinecke asked if it was near Edgerton School and was answered yes. PUBLIC HEARING The public hearing was opened and no one wished to speak and Kalispell City -County Planning Board December 14, 1999 Meeting Minutes Page 13 of 16 Flathead Regional Development Office 723 5th Avenue East - Room 414 Kalispell, Montana 59901 Phone: (406) 758-5980 Fax: (406) 758-5781 December 22, 1999 Chris Kukulski, City Manager City of Kalispell P.O. Box 1997 Kalispell, MT 59903 Re: Ashley Park Phase III Annexation and Initial Zoning Dear Chris: The Kalispell City -County Planning Board met on December 14, 1999, and held a public hearing to consider a request by the Somers Land Company for initial zoning of R-4, a Two Family Residential District, upon annexation into the city. The property proposed for annexation is an approximate 8.41 acre portion of a tract located in the southwest part of Kalispell. This subdivision contains 30 residential lots. The final plat for Ashley Park Phase III is being submitted for council approval concurrent with the request for annexation. Narda Wilson, of the Flathead Regional Development Office, presented staff report KA-99-7 evaluating the proposed R-4 zoning upon annexation. She recommended that the board forward a recommendation for the R-4 zoning. Wilson noted that the current County zoning is R-4 and is essentially the same as the requested City zoning. At the public hearing no one spoke for or against this application. A motion was made to adopt staff report KA-99-7 as findings of fact and recommend to the council that the property be zoned R-4 upon annexation. On a roll call vote the motion passed by unanimous vote. Attached Exhibit A describes the annexation boundaries. Please schedule this matter for the January 3, 2000 regular city council meeting. You may contact this board or Narda Wilson at the Flathead Regional Development Office if you have any questions regarding this matter. cerely Kalispell City oun Planning Board ean A. Jo son President Providing Community Planning Assistance To: • Flathead County • City of Columbia Falls • City of Kalispell • City of Whitefish Ashley Park Phase III Annexation and Initial Zoning December 22, 1999 Page 2 JJ/NW/tl Attachments: Exhibit A - annexation boundaries Original petition to annex and fire district withdrawl Staff report KA-99-7 and application materials Draft minutes 12/ 14/ 1999 planning board meeting c w/ Att: Theresa White, Kalispell City Clerk c w/o Att: Somers Land Company, 1995 Third Ave. East, Kalispell, MT 59901 H: \ FRDO \TRANSMIT \KALISPEL\ 1999 \KA99-07. DOC ASHLEY PARK PHASE III REQUEST FOR ANNEXATION AND INITIAL ZONING FLATHEAD REGIONAL DEVELOPMENT OFFICE STAFF REPORT #KA-99-7 DECEMBER 7, 1999 A report to the Kalispell City -County Planning Board and the Kalispell City Council regarding the annexation and initial zoning of Ashley Park Phase III. A hearing has been scheduled before the Kalispell City -County Planning Board for December 14, 1999 beginning at 7:00 PM in the Kalispell City Council Chambers. The Planning Board will forward a recommendation to the Kalispell City Council for final action. BACKGROUND INFORMATION The developer has petitioned annexation and initial zoning concurrent with application for final plat approval of Ashley Park Subdivision, Phase III, a 30 lot residential subdivision in southwest Kalispell. This report evaluates the appropriate assignment of a City zoning classification in accordance with Section 27.03.010(4) of the Kalispell Zoning Ordinance. The Ashley Park Phase III properties will be annexed under the provisions of Sections 7-2-4601 through 7-2-4610, M.C.A., Annexation by Petition. The final plat for Ashley Park Phase III has been submitted concurrently with the petition for annexation and will require consideration by the city council after the property has been annexed. The commissioners have granted an extension on the subdivision until February 4, 2000 to allow time for the annexation and subsequent final plat approval by the city council. Improvements for the subdivision have not been completed with approximately 17 percent having been done. The developer is proposing a subdivision improvements agreement and posting collateral in the form of a letter of credit for 125 percent of the remaining improvements required. PROPOSED ZONING CLASSIFICATION The applicant has proposed a zoning classification of R-4, a Residential district, under the City of Kalispell Zoning Ordinance. Currently, the property is zoned County R-4, a Two Family Residential district, under the Flathead County Zoning Regulations. A. Petitioner and Owners: Dennis Carver Somers Land Company 1995 Third Avenue East Kalispell, MT 59901 (406)257-8240 B. Location and Legal Description of Property: The property proposed for annexation is located in the southwest part of Kalispell and is the third phase of the Ashley Park subdivision. It contains approximately 8.41 acres. The property can be described as a portion of Assessor's Tract 4+ located in the north half of the southeast quarter of Section 19. Township 28 North, Range 21 West, P.M.M., Flathead County, Montana. C. Existing zoning: Existing zoning on this property is County R-4, a Two -Family Residential district which is a residential district which allows duplexes and single-family dwellings. The minimum lot size requirement is 6,000 square feet for a single family dwelling and 7,000 square feet for a duplex. D. Proposed Zoning: City R-4 zoning has been proposed for this property. This is a Residential district which allows duplexes and single-family dwellings. Minimum lot size for the R-4 district is 6,000 square feet. E. Size: The area proposed for annexation and zoning contains approximately 8.41 acres. F. Existing Land Use: Currently this property is undeveloped. It is intended for a residential subdivision, Ashley Park, Phase III. G. Adjacent Land Uses and Zoning: The area is characterized by single-family and duplex residential development on lots in the area, with a City park to the northeast. North: Single-family and duplex residences; City R-4 zoning. East: Undeveloped; County R-4 zoning. South: Undeveloped; County R-4 zoning. West: Single-family and duplex residences; City R-4 zoning. H. General Land Use Character: This area is generally developing as urban density residential and is residential in character except to the west and south where future phases of Ashley Park Subdivision is proposed and water and sewer has not yet been extended. I. Availability of Public Services: Full public services can be provided to this site and will be done in accordance with the City of Kalispell's Extension of Services Plan and in accordance with Kalispell's Design and Construction Standards. EVALUATION EASED ON STATUTORY CRITERIA The statutory basis for reviewing a change in zoning is set forth by 76-2-205, M.C.A. Findings of fact for the zone change request are discussed relative to the itemized criteria described by 76-2-203, M.C.A. 1. Does the requested zone comply with the Master Plan? The property is designated by the Kalispell City -County Master Plan as "Urban Residential" which is defined as allowing two to eight units per acre. The requested R-4 zoning classification is in conformance with that designation since it allows up to seven units per acre. 2. Is the requested zone designed to lessen congestion in the streets? No change is anticipated in the potential congestion by changing the zoning from County R-4 to City R-4 because of the similar density and uses allowed in the districts. 3. Will the requested zone secure safety from fire, panic, and other dangers? Adequate access, turnaround and water supply is available to the site in the case of a fire. No features on the property exist which would compromise the safety of the public. New construction will be required to be in compliance with the building safety codes of the City which relate to fire and building safety. All municipal services including police and fire protection, water and sewer service is available to the area and will be extended as part of the development of this subdivision. 4. Will the requested zone promote the health and general welfare? The requested zoning classification will promote the health and general welfare by restricting land uses to those that would be compatible with the adjoining properties and promoting the goals of the Master Plan. S. Will the requested zone provide for adequate light and air? Setback, height, and coverage standards for development occurring on this site are established in the Kalispell Zoning Ordinance to insure adequate light and air is provided. 6. Will the requested zone prevent the overcrowding of land? A change in zone from County R-4 to City R-4 will not result in any increase in the density beyond that which is currently allowed. All public services and facilities will be available to serve this subdivision. This zone change will not result in an overcrowding of land. 7. Will the requested zone avoid undue concentration of people? Minimum lot standards and use standards as well as subdivision development standards will avoid the undue concentration of people at the time the property is developed. 8. Will the requested zone facilitate the adequate provision of transportation, water. sewerage, schools, parks, and other public requirements? All public services and facilities are currently available or can be provided to the property. Development should be encouraged in areas where these services are available. 9. Does the requested zone give consideration to the particular suitability of the property for particular uses? The proposed R-4 zoning district is consistent with the surrounding zoning and land uses in the area and gives due consideration of the suitability of this property for the permitted uses in the district. 10. Does the requested zone dive reasonable consideration to the character of the district? The general character of the area is small lot residential development. The same type of development can be anticipated to occur on this property and will be consistent with the character of the district. 11. Will the proposed zone conserve the value of buildings? Value of the buildings in the area will be conserved because the R-4 zoning will promote compatible and like uses on this property as are found on other properties in the area. 12, Will the requested zone encourage the most appropriate use of the land throughout the municipality? Small lot residential development should be encouraged in areas were services and facilities are available such as is being proposed on this parcel. The proposed zoning is consistent with the master plan and surrounding zoning in the area. SUMMARY AND DISCUSSION The proposed City R-4 zoning is similar to the existing County R-4 zoning with regard to uses, minimum lot size requirements, setbacks and building height. Extension of municipal services to the site to City standards has taken place, and been reviewed and approved. Adequate access is available to serve the property and any future development will be consistent and compatible with existing development in the area. Insignificant impacts will result from the rezoning this property to R-4. Public services and the facilities serving this subdivision will be extended and constructed in accordance with the City of Kalispell Extension of Services Plan and the Kalispell Design and Construction Standards. It is recommended that the Kalispell City -County Planning Board adopt Staff Report #KA-99-7 as findings of fact and recommendation to City Council for initial zoning of this subdivision should be R-4, a Residential district, upon annexation into the City of Kalispell. H\... \REPORTS\KA\99\KA99-7.DOC NOTICE OF PUBLIC HEARING KALISPELL CITY -COUNTY PLANNING BOARD AND ZONING COMMISSION Preliminary Plat for Kelsey Subdivision - East Reserve Drive and LaSalle Rd. Zone Change from R-3 to R-S on Meridian Rd. and Three Mile Dr. Conditional Use Permit for NW Health Care Central Plant Various Annexations The regular meeting of the Kalispell City -County Planning Board and Zoning Commission is scheduled for Tuesday, December 14, 1999, beginning at 7:00 PM in the Kalispell City Council Chambers, Kalispell City Hall, 312 First Avenue East, Kalispell. During the regularly scheduled meeting of the. planning board, the board will hold public hearings and take public comments on the following agenda items. The board will make recommendations to the Kalispell City Council and / or Board of County Commissioners who will take final action: To the Board of County Commissioners: A request by Andrew Farris for preliminary plat approval of Kelsey Subdivision, a 33 lot residential cluster subdivision on approximately 18 acres in the Evergreen and Vicinity Zoning District. The property is zoned R-2, a One Family Limited Residential zone requiring a minimum 20,000 square foot lot size. Because this is being filed as a cluster subdivision, a conditional use permit will be required to allow the creation of lots varying in size between 10,000 square feet and 15,868 square feet. The cluster design has been used to cluster the higher density lots near the center of the property with open space areas near the perimeter of the site which will also accommodate a community drainfield. Water will be provided by the Evergreen Water and Sewer District and sewage treatment will be provided through the use of an on -site community drainfield system for the majority of the lots and the use of Evergreen sewer on the lots fronting along East Reserve Drive. The property can be described as Assessor's Tract 7 located in Section 28, Township 29 North, Range 21 West, P.M. M., Flathead County, Montana. To the Kalispell City Council: 2. A request by Telmon, Inc. on behalf of Doris Hulbert for a zone change from R-3, a Residential zoning designation, to R-5, a Residential / Professional Office zoning designation on approximately 2.0 acres. This property is located west of North Meridian Road approximately 200 feet on the north side of Three Mile Drive in Kalispell. The purpose for rezoning this property is for the construction of professional office buildings. The property address is 33 Three Mile Drive and can be further described as the east 264 feet of the west 396 feet of the south half of Lot 20, Block 1, Northwest Tracts located in Section 1, Township 28 North, Range 22 West, P.M.M., Flathead County, Montana, and as further described in Exhibit A. 3. A request by Northwest Health Care for a conditional use permit to allow the construction of a new central plant facility for the Kalispell Regional Medical Center in an H-1, Health Care, zoning district. The central plant facility will contain boilers and chillers for heating and cooling, laundry facilities, maintenance offices and emergency power generators. A parking lot will also be constructed north of the central plant as part of this proposal. The area where this facility will be constructed is east of the existing hospital building and will replace the existing plant. This property is located on the south side of Sunnyview Lane Drive and east of Highway 93. The property address is 310 Sunnyview Lane can be further described as Assessor's Tract 6E located in Section 6, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana_ 4. A request by Somers Land Co. for annexation of Ashler Park Phase III into the city of Kalispell and initial zoning of R-4, Two Family Residential, for approximately 8.44 acres. The property proposed for annexation is located west of Airport Road and south of South Meadows Subdivision and is the next phase of Ashley Park Subdivision. Currently this property is in the West Side Zoning District and is zoned County R-4, a Two Family Residential zoning district. The property can be described as a portion of Assessor's Tract 4 located in Section 19, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana, and as further described on attached Exhibit B. 5. A request by Buffalo Chip Partners for annexation of Buffalo Stage Phase IV into the city of Kalispell and initial zoning of RA-1, Low Density Residential Apartment, for approximately 5.58 acres. The property proposed for annexation is located west of Whitefish Stage Road and north of Edgerton School and is the next phase of Buffalo Stage Subdivision. Currently this property is in the Evergreen and Vicinity Zoning District and is zoned County RA-1, a Low Density Residential Apartment zoning district. The property can be described as a portion of Assessor's Tract 1 located in Section 31, Township 29 North, Range 21 West, P.M.M., Flathead County, Montana, and as further described on attached Exhibit C. 6. A request by Robert Rinke for annexation of property into the city of Kalispell and initial zoning of RA-1, Low Density Residential Apartment, for approximately 0.82 acres. The property proposed for annexation is located east of Fifth Avenue East and north of 18th Avenue Street and is a portion of proposed Subdivision No. 182. Currently this property is in the Willow Glen Zoning District and is zoned County R-4, a Two Family Limited Residential zoning district. The property can be described as portions of Assessor's Tracts 5-15A and 5-12 located in Section 17, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana, and as further described on attached Exhibit D. Documents pertaining to these agenda items are on file for public inspection in the Flathead Regional Development Office, 723 Fifth Avenue East, Room 414, Kalispell, MT 59901, and arel, available for public review during regular office hours. Interested persons are encouraged to attend the hearings and make their views and concerns known to the Board. Comments in writing may be submitted to the Flathead Regional Development Office at the above address prior to the date of the hearing or you may contact Narda Wilson, Senior Planner, for additional information. 7" Z::. �1 A �a — Thomas R. Jentz Planning Director PUBLISH: Legal Notices Daily InterLake Sunday, November 28, 1999 1K 4 22 fl � 1 3 24 25 14 0 14C 14Crb1 2 Z 26 27 © t i F a tf 21>n1f trig 44- 45 4f 47 N SO S1 52 9 56 57.58 5L fD al f2 fJ 40 A? Al 3LL�cONE �T *SUB A6 ]7 to t0 taw 1r u is to ti is tx >a ,� tJt / . OF iN t2a tat �UL im Js w AMD tit BEcc -AW OF Ift, 7ARllNC'GV '� =`>'I.y „ ;OUTH uEAXwS 1 3AB ,. t M� �— I 1 t�,;:, tot.,s,.,�t.,m , .. �, m U4 1 1 3� 17 N r 104 103 uw _ ' q➢ ^ f c7 Y6 105 a.iN ; �wis, >• t• —win s ��, f4 . t0i107' IM 10 11 fit 641382 61 0 79 76 77CGPRRE�A TV v SOUTH MEADOWS OR � AIM-1 N - t 18 12 6' 7 6 5 4 4 1 7 f 5 ] 2 Ile SA 4 29 22 } 7 f 23 =_-_ =__= C; 23 — f f a 22 a ` J 25 c l0 1 21 2D 3 11 P-1 14- PS IS T7 6 Subject Property - 4SJBC � _ tic 1109 R4t 33A 2E R' 1 2A 6B 4+ 2EAF 2EA8' 2EAC 4B+ 2F 2FA 2FB 6- �i R D VICE141W MAP SOMERS LAND CO. REQUEST FOR ANNEXATION OF ASHLEY PARK PHASE III AND il�...LTIAL ZONING OF R-4, TWO FAMILY RESIDENTIAL ON APPROX. 8.44 ACRES FILE # KA-99-7 SCALE 1» = 500'— $Ajom\zita\XA99-7.DVG PETITION NO. BEFORE THE CITY COUNCIL OF THE CITY OF KALISPELL PETITION FOR ANNEXATION TO CITY COME NOW the undersigned and respectfully petition the City Council of the City of Kalispell requesting city annexation of the following real property into the City of Kalispell and to remove the following real property from the Rural Fire District. The petitioner(s) requesting City of Kalispell annexation of the property described herein hereby mutually agree with the City of Kalispell that immediately upon annexation of the land all City of Kalispell municipal services will be provided to the property described herein on substantially the same basis and in the same manner as such services are provided or made available within the rest of the municipality prior to annexation. Petitioner(s) hereby state that there is no need to prepare a Municipal Annexation Service Plan for this annexation pursuant to Section 7-2-4610, M.C.A. since the parties are in agreement as to the provision of municipal services to the property requested to be annexed. Dated this Off day of �C,Ta.dE'.�. 19�. LEGAL DESCRIPTION OF PROPERTY TO BE ANNEXED: ASHLEY PARK PHASE. III For Legal Description - see attached Exhibit "A" PROPERTY ADDRESS: C_ l% OWNER O&-Alr/ our "5 OWNER PLEASE RETURN THIS PETITION TO CITY CLERK'S OFFICE EXHIBIT "A" DESCRIPTION: ASHLEY PARK, PHASE 3 A TRACT OF LAND, SITUATED, LYING, AND BEING IN THE NORTH HALF OF THE SOUTHEAST QUARTER OF SECTION 19, TOWNSHIP 28 NORTH, RANGE 21 WEST, P.M.,M., FLATHEAD COUNTY, MONTANA, AND MORE PARTICULARYLY DESCRIBED AS FOLLOWS TO WIT: COMMENCING at the northeast corner of the Northwest Quarter of the Southeast Quarter of Section 19, Township 28 North, Range 21 West, P.M.,M., Flathead County, Montana; Thence along the north boundary of said NW1/ 4SE1/ 4 S880 39' 10" W 107.00 feet to a found iron pin and THE TRUE POINT OF BEGINNING OF THE TRACT OF LAND HEREIN DESCRIBED: Thence S010 21' 29" E 173.05 feet to a found iron pin; Thence S880 38' 31" W 33.00 feet to a found iron pin; Thence S01 ° 21' 29" E 487.00 feet to a set iron pin; Thence S880 39' 10" W 560.00 feet to a set iron pin; Thence N01 ° 21' 29" W 487.00 feet to a set iron pin; Thence N380 13' 33" E 85.62 feet to a set iron pin; Thence N01 ° 21' 29" W 107.05 feet to a set iron pin on the north boundary of said NW1 / 4SE1 / 4; Thence along said north boundary N880 39' 10" E 538.44 feet to the point of beginning and containing 8.441 ACRES; Subject to and together with all appurtenant easements of record. THE ABOVE DESCRIBED TRACT OF LAND SHALL HEREAFTER BE KNOWN AS: ASHLEY PARK, PHASE III. CONSENT TO ANNEX AGREEMENT AND NOTICE OF WITHDRAWAL FROM RURAL FIRE DISTRICT TO WHOM IT MAY CONCERN: THIS AGREEMENT, made and entered into this 2"-a day of 10Vcxy%%b4e-Q, ., 1999, by and between Zug v-,2 el--o_ hereinafter PARTY(S) OF INTEREST LIENHOLDER(S), OR CONTRACT SELLER(S)j and Flathead County, Montana, hereinafter CITY, INCLUDES OWNER(S), he CITY OF KALISPELL, WITNESSETH : That for and in consideration of the sum of One Dollar and/or other good and valuable consideration to us in hand paid, and certain promises, mutual terms, covenants, provisions, conditions and agreements, the receipt and sufficiency of which iu hereby acknowledged, the PARTY(S) OF INTEREST, do(es) hereby consent to, and hereby do waive any and all right to protest, which we may have or hereafter acquire in regard thereto, any attempt or proceedings made or to be made by or with the consent of the City of Kalispell, Montana, to annex to and make a part of said City of Kalispell, and incorporate within its boundaries property situated in the County of Flathead, State of Montana, more particularly described on Exhibit "A attached hereto and which, by this reference, is made a part hereof. The PARTY(S) OF INTEREST do(es) further herein express an intent to have the property as herein described withdrawn from the So�rs� k�usPtcG. j6ZML Fire District under the provisions of Section 7-33-2127, Montana Code Annotated; and that incorporated into this Consent to Annex Agreement is the Notice requirement pursuant to said Section; and that upon proper adoption of an ordinance or resolution of annexation by the City Council of the City of Kalispell, the property shall be detracted from said district. The PARTY(S) OF INTEREST further agree(s) that this covenant shall run to, with, and be binding upon the title of the said real property, and shall be binding upon our Heirs, assigns, successors in interest, purchasers, and any and all subsequent Folders or owners of the above described real property. This City hereby agrees to allow PARTY(S) OF INTEREST to hook onto the City of Kalispell sewer system. IN TESTIMONY AND WITNESS WHEREO , we have hereunto set our hands and affixed our seals this Z day of 1J0Jemb0-P' , 1999 . PARTY(S) OF INTEREST RALISPELL City Manager Flathead Regional Development Office 723 5th Avenue East - Room 414 Kalispell, Montana 59901 REPORT TO: FROM: MEETING DATE: Kalispell Mayor and City Council Narda A. Wilson, Senior Planner Chris A. Kukulski, City Manager Final Plat for Ashley Park Phase III January 3, 2000 Phone: (406) 758-5980 Fax: (406) 758-5781 BACKGROUND: This is a request for final plat approval of Ashley Park Phase III, a residential subdivision with 30 lots on approximately 8.44 acres located on the west side of Airport Road and south of Ashley Creek. Preliminary plat approval for this subdivision was granted by the Board of County Commissioners on May 10, 1994 as a multi -phase subdivision. One of the terms of preliminary plat approval is that each final plat that is filed provides an automatic two year extension of the preliminary plat approval. Most of this development is still within the County jurisdiction, and as each phase is developed, that portion of the subdivision has been annexed into the city. An annexation request for this subdivision has been filed concurrently with the final plat. The annexation and final plat are being presented together to the council with the annexation being scheduled first, of course, then the final plat. It should be noted that only 17 percent of the improvements for this subdivision were completed at the time the final plat application was submitted. The remaining 83 percent remaining infrastructure improvements are proposed to be addressed through a subdivision improvements agreement which was submitted with the final plat. A letter of credit in the amount of 125 percent of the remaining work has been submitted as collateral for the improvements to be completed RECOMMENDATION: Upon acceptance of the subdivision improvements agreement, a motion to approve the final plat for Ashley Park Phase III would be in order. FISCAL EFFECTS: Potential minor positive impacts once developed. ALTERNATIVES: As suggested by the city council. Narda A. Wilson Chris A. Kukulski Senior Planner City Manager Report compiled: December 22, 1999 Attachments: Letter of transmittal Final plat application and supporting documents Providing Community Planning Assistance To: • Flathead County • City of Columbia Falls • City of Kalispell • City of Whitefish • Flathead Regional Development Office 723 5th Avenue East - Room 414 Kalispell, Montana 59901 Phone: (406) 758-5980 Fax: (406) 758-5781 December 22, 1999 Chris Kukulski, City Manager City of Kalispell P.O. Drawer 1997 Kalispell, MT 59901 Re: Final Plat for Ashley Park Phase III Dear Chris: Our office has received the application for final plat approval of Ashley Park Phase III, a 30 lot residential subdivision west of Airport Road and south of Ashley Creek. A petition for annexation was filed concurrently with the final plat application. The planning board considered the appropriate zoning upon annexation at their regular meeting of December 14, 1999 and are recommending that R-4 zoning be adopted which is consistent with the zoning for other phases of the Ashley Park subdivision. The annexation request is being forwarded along with the preliminary plat. At the time this property was proposed for development it was in the County jurisdiction and was given preliminary plat approval by the county commissioners. The plat was approved on May 10, 1994 in phases, with each phase providing an additional two year extension. An extension on the preliminary plat approval for this subdivision was granted by the commissioners until February 4, 2000 to allow consideration by the city council. Approximately 17 percent of the improvements related to this subdivision were completed at the time the final plat was submitted. The remaining 83 percent is proposed to be addressed through a subdivision improvements agreement which is included with this report. A letter of credit in the amount of 125 percent of the required improvements has been submitted to serve as collateral. The following is a list of the conditions of approval and a discussion of how they have been met. COMPLIANCE WITH CONDITIONS OF APPROVAL: Condition No. 1 That the subdivision obtain approval from the State Department of Health and Environmental Sciences. • This condition has been met. The subdivision has been approved by the State Department of Environmental Quality under the Master Plan Exemption for areas served by municipal water and sewer. See letter dated March 18, 1999 from DEQ. Providing Community Planning Assistance To: • Flathead County • City of Columbia Falls • City of Kalispell • City of Whitefish • Final Plat for Ashley_ Park Phase III December 22, 1999 Page 2 Condition No. 2 All water lines, sanitary sewer, culverts, and storm sewer lines/swales shall be built according to plans and specifications approved by the City of Kalispell Public Works Department. All water, sewer main extensions, and storm sewer lines/swales on private property shall be placed within suitable easements and approved by the City of Kalispell Public Works Department. This condition has been adequately addressed. See the letters of approval from the Kalispell Public Works Department dated August 18, 1999 and August 19, 1999. These improvements are included as part of the subdivision improvements agreement. Condition No. 3 The construction of all streets, curb, gutter, sidewalks and street tree planting shall be done in compliance with City of Kalispell standards and approved by the City Public Works Department. This condition has been adequately addressed. See the letters of approval from the Kalispell Public Works Department dated August 18, 1999 and August 19, 1999. These improvements are included as part of the subdivision improvements agreement. Condition No. 4 A 20 foot reserved strip for right-of-way be maintained along the westerly boundary in common with the rail ROW for the future Alternate Highway 93 route. If the highway is constructed prior to final plat of Phases 6 and 7 any remainder not used for ROW may be included into the adjoining lots, so as to increase their depth. • This condition has been met. The northerly access road between Ashley Park and South Meadows was constructed with the final platting of Phase H. Condition No. 5 Prior to Final Plat of Phase 2, installation of the northerly access route through South Meadows is to be completed. This condition has been met. The northerly access of Phase 2 to South Meadows was constructed prior to the filing of the final plat for Phase 2. Condition No. 6 All utilities shall be installed underground. This condition has been adequately addressed. Part of the subdivision improvements agreement addresses the installation of utilities. Condition No. 7 The owner shall pay a cash -in -lieu of parkland payment equal to 1/9 of the undeveloped market value of that portion of the site proposed for final plat. This condition has been addressed. A cash -in -lieu of parkland fee in the amount of $2,031. has been included with the final plat application based on a value of $4,000. per acre. Final Plat for Ashley Park Phase III December 22, 1999 Page 3 Condition No. 8 Placement of fire hydrants shall be approved by the City of Kalispell Fire Department. • This condition has been met. The general layout plans for the location of the hydrants has been reviewed and approved by the Kalispell Fire Marshal, Richard Seddon. Condition No. 9 This preliminary plat approval is valid for a period of two years. The project is also approved in seven (7) phases. This two year period is based on approval of Final Plat of Phase 1 within this two (2) years. Upon approval of each phase an additional two (2) years to receive final plat for the next phase is granted. A one (1) year extension may be granted for each individual phase. If any phase expires, the remaining unrecorded phases also expire. • This condition has been met. This final plat was granted an additional 60 day extension to allow the developer adequate time to complete the annexation process prior to council approval of the subdivision. Condition No. 10 The lots meet the City of Kalispell Zoning Regulations. • This condition has been met. All of the lots within the subdivision meet the minimum standards of 6,000 square feet in the R-4 zoning district. Condition No. 11 Lot numbers, street addresses, and net acreage for each lot shall be included on the face of the final plat. • This condition has been met. Required notes have been placed on the face of the final plat. Condition No. 12 All streets shall be clearly signed in a manner conforming to City standards. • This condition has been addressed. The subdivision improvements agreement includes street signs. Condition No. 13 Prior to final plat of each phase, a petition to annex for that phase shall be presented to the City of Kalispell. (Amended 6/22/94 by the Board of County Commissioners.) • This condition has been met. A petition for annexation has been filed and the annexation request is being processed by the staff concurrent with this final plat application. Condition No. 14 Street tree planting shall be coordinated in partnership with the City of Kalispell Parks Department. Final Plat for Ashley Park Phase III December 22, 1999 Page 3 Condition No. 8 Placement of fire hydrants shall be approved by the City of Kalispell Fire Department. • This condition has been met. The general layout plans for the location of the hydrants has been reviewed and approved by the Kalispell Fire Marshal, Richard Seddon. Condition No. 9 This preliminary plat approval is valid for a period of two years. The project is also approved in seven (7) phases. This two year period is based on approval of Final Plat of Phase 1 within this two (2) years. Upon approval of each phase an additional two (2) years to receive final plat for the next phase is granted. A one (1) year extension may be granted for each individual phase. If any phase expires, the remaining unrecorded phases also expire. • This condition has been met. This final plat was granted an additional 60 day extension to allow the developer adequate time to complete the annexation process prior to council approval of the subdivision. Condition No. 10 The lots meet the City of Kalispell Zoning Regulations. • This condition has been met. All of the lots within the subdivision meet the minimum standards of 6,000 square feet in the R-4 zoning district. Condition No. 11 Lot numbers, street addresses, and net acreage for each lot shall be included on the face of the final plat. • This condition has been met. Required notes have been placed on the face of the final plat. Condition No. 12 All streets shall be clearly signed in a manner conforming to City standards. • This condition has been addressed. The subdivision improvements agreement includes street signs. Condition No. 13 Prior to final plat of each phase, a petition to annex for that phase shall be presented to the City of Kalispell. (Amended 6/22/94 by the Board of County Commissioners.) • This condition has been met. A petition for annexation has been filed and the annexation request is being processed by the staff concurrent with this final plat application. Condition No. 14 Street tree planting shall be coordinated in partnership with the City of Kalispell Parks Department. Final Plat for Ashley Park Phase III December 22, 1999 Page 4 This condition has been addressed. The developer has stated in his letter of final application that he would coordinate in partnership with the City of Kalispell Parks Department regarding the street tree planting. However, no binding agreement has been made. COMPLIANCE WITH APPROVED PRELIMINARY PLAT The final plat is in substantial compliance with the preliminary plat which was submitted and approved. COMPLIANCE WITH THE SUBDIVISION REGULATIONS: This subdivision plat has been found to be in substantial compliance with the State and City Subdivision Regulations. COMPLIANCE WITH THE ZONING REGULATIONS This subdivision complies with the Kalispell Zoning Ordinance and the R-4 zoning designation which will be assigned upon annexation. All of the conditions of preliminary plat approval have been adequately addressed. The Flathead Regional Development Office recommends that the Kalispell City Council approve the final plat for this subdivision. Please note that the subdivision improvements agreement should be accepted along with the final plat approval. Please schedule this matter for the regular city council meeting of January 3, 2000. You may call me at (406)758-5980 if I can be of assistance to you regarding this matter. Sincerely, Narda A. Wilson Senior Planner NW/ Attachments: 1 opaque mylar of final plat 1 reproducible mylar of final plat 1 blueline of final plat Letter from Carver Engineering dated 11/2/99 Final plat application dated 11 / 2 / 99 Letter from MDEQ dated 5/ 18/99 Letter from Env. Health Services dated 8/30/99 Letter from fire marshal 10 / 12 / 99 Final Plat for Ashley Park Phase III December 22, 1999 Page 5 Letter from Kalispell Public Works dated 8/ 18/99 Letter from Kalispell Public Works dated 8/ 19/99 Letter from FRDO dated 12 / 6 / 99 Subdivision Improvements Agreement (no date) Valley Bank letter of credit dated 11 / 11 / 99 Title report from Sterling Title dated 10/4/99 Partial release of mortgage dated 10/25/99 Release of assignment of mortgage dated 10/29/99 Extension request from commissioners dated 1/21/99 Extension request from commissioners dated 12/ 1/99 Treasurers certification dated 11/2/99 Vicinity map Cash -in -lieu of parkland fee $2,031 c: Somers Land Co., 1995 Third Ave. East, Kalispell, MT 59901 Theresa White, Kalispell City Clerk H: \... \KFP99-4 r.= Carver Engineering, Inc. Consulting Engineers Civil Structural Environmental November 2, 1999 Flathead Regional Development Office 723 - 5th Avenue East Kalispell, MT 59901 Re: Final Plat - Ashley Park, Phase III Dear FRDO: The following is a description of how each condition of approval has been met for Ashley Park - Phase III (formerly known as Ashley Meadows Subdivision). 1. The MDEQ has approved Ashley Park, Phase III under the Master Plan Exemption (E.Q. #99-2533). See MDEQ letter dated May 18, 1999. 2. Plans and specifications for water and sewer extensions, as well as for stormwater drainage, have been reviewed and approved by the City of Kalispell (see letter dated August 18, 1999) and by Dick Montgomery, P.E., of the Flathead City -County Health Department, who is under contract with the MDEQ to review water and sewer main extensions (see approval statement #FH-99-13 dated August 30, 1999). 3. Construction of all streets, curbs, gutters and sidewalks will be constructed in compliance with City of Kalispell standards and will be approved by the City of Kalispell PWD. See letter from City dated August 18, 1999 approving plans and specifications. Costs of the construction of all streets, curbs, gutters and sidewalks are included in the Subdivision Improvement Agreement. 4. This phase of the development does not affect the 20-foot reserved strip along the westerly boundary of the Owner's property. 5. The northerly access road between Ashley Park and South Meadows has been constructed and approved by the City. Page 2 Ashley Park, Phase III November 2, 1999 6. All utilities will be installed underground. The costs of utility trenching and conduit have been included in the Subdivision Improvement Agreement. 7. A check for $2,031.33 to cover the cash -in -lieu of park land, equal to 1 /9th of the undeveloped market value is included with this final plat submittal. 8. The location of fire hydrants has been approved by the City of Kalispell Fire Marshall (see letter dated October 12, 1999). 9. An extension for filing the final plat for Phase III was approved by the Flathead County Commissioners. The approved expiration date is December 4, 1999 (see letter dated January 21, 1999) 10. All lots within Phase III meet the City's R-4 Zoning requirements. 11. Lot numbers, street addresses and net acreage for each lot are shown on the final plat. 12. All streets will be clearly signed in compliance with City of Kalispell requirements. The cost for signs is included in the Subdivision Improvement Agreement. 13. As amended by the Flathead County Commissioners (see letter with Exhibit A in the Subdivision Improvement Agreement dated June 22, 1994), a petition to annex has been submitted to the City. 14. Street tree planting will be coordinated in partnership with the City of Kalispell Parks Department. Sincerely, CARVER ENGINEERING, INC. Tom Cowan, P.E. Flathead Regional Development Office 723 5a' Ave. East Room 414 Kalispell, MT 59901 Phone: (406) 758-5980 Fag: (406) 758-5781 FINAL PLAT APPLICATION PROJECT NAME: ASHLEY PARK, PHASE III CONTACT PERSON: Name: Dennis Carver Address: 1995 3rd Ave. East Kalispell, MT 59901 Phone No.: (406) 257-6202 Date of Preliminary Plat Approval: May 10, 1994 Type Subdivision: Residential X Industrial No. of Lots Proposed: 30 Land in Project (ac.): 8.441 Ac FILING FEE ATTACHED: $850.00 OWNER: SOMERS LAND CO. 1995 3rd Ave. East Kalispell, MT 59901 Commercial PUD Other Parkland (ac.) Cash -in -Lieu $ 2,031.33 Exempt Minor Subdivision $250 + $15/lot Major Subdivision $3 50 + $15/lot Preliminary Plat Waived $400 + $15/lot Subdivision Improvements Agreement $50 Not Attached Applicable (MUST CHECK ONE) X Health Department Certification (original) X Title Report (Original, not more than 90 days old) X Tax Certification (Property taxes must be paid) X Consent(s) to Plat (Originals and notarized) X Subdivision Improvements Agreement (attach collateral) X Parkland Cash -in -Lieu (Check attached) X Covenants (Original signature provided) X Homeowners By-Laws/Articles of Incorporation (Originals) X Plats: 1 xerox copy (hard back) I mylar copy 3 blueline's Page 1 of 2 The plat must be signed by all owners of record, the surveyor and 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 application must be submitted no less than 30 days prior to expiration date of preliminary plat. When all final plat materials are submitted to the F.R.D.O, 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 prelir inary 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 submitted 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 F.R.D.O. staff to be present on the property for routine monitoring and inspection during the approval and development process. Owner(s) Signature Date Paae 2 of 2 DEPARTMENT OF ENVIRONMENTAL QUALITY PERMITTING AND COMPLIANCE DIVISION METCALF BUILDING MARC RACICOT, GOVERNOR 1520 E SIXTH AVE STATE OF MONTANA May 18, 19" AX (406)444-1374 CARVER ENGINEERING 1995 3an AVE E KALISPELL MT 59901 RE: Ashley Park Phase III Master Plan Flathead County E.Q.#99-2533 Dear Sir or Madam: PO BOX 200901 HELENA, MONTANA 5962""1 ,�: ` M AY 21 1999 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. Sincerely, Karla bay Compliance Specialist Subdivision Section Water Protection Bureau cc: City Engineer, City of Kalispell file "AN EOLAL OPPORTUNITY EMPLOYER" August 30, 1999 Environmental Health Seri -ices Flathead City -County Health Department 723 Fifth Avenue East, Kalispell, MT 59901 (406) 758-5760 Fax: 758-5859 AUG 3 0 1999 Tom Cowan Carver Engineering, Inc. F 1995 Third Ave. E. Kalispell, MT 59901 Re:Ashley Park Phase III, Wtr. & Sew. Ext. Proj. # FH-99-13 Dear Tom: The design report, plans with specification notes, certified checklists 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 SYSTEM: Approximately 1,593 L.F. of 8" dia. AWWA C900 Class 150 PVC Pipe Three 8" Gate Valves Four 6" Fire Hydrants w/ Aux. Valves SEWER SYSTEM: Approximately 1,534 L.F. of 8" dia. SDR 35, PVC Pipe Four reinforced concrete manholes One cleanout along with other valves, fittings and appurtenances as shown on the plans or as necessary to complete the project. 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 the 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 project engineer. It is further understood that construction will be completed within three years following the date of approval. If more 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, J Richard T. Montgom Environmental Engineer copies to: Water Quality Division- Helena & Kalispell City of Kalispell, Dept. Of Public Works CITY OF KALISPELL OFFICE OF THE FIRE MARSHAL P.O. BOX 1997 KALISPELL, MONTANA 59903-1997 (406) 758-7763 October 12, 1999 Carver Engineering, Inc. 1995 Third Avenue East Kalispell, Montana 59901 Dear Sir: After reviewing the general layout plans for Ashley Park, Phase III, the hydrant locations meet the specifications of the Kalispell Fire Department. Sincerely, C ON Fire Marshal City of Kalispell August 18, 1999 Dick Montgomery, P.E. Environmental Health Services Flathead City -County Health Department 723 Fifth Avenue East Kalispell, Mt. 59901 Re: Ashley Park, Phase III Dear Dick: J Y�ia AUG Z 0 11�199 This letter is to confirm that The City of Kalispell has reviewed and approved the plans and specifications prepared by Carver Engineering, Inc. for the referenced project. The Kalispell water and sanitary sewer systems have adequate capacity to serve the project. Please feel free to call if you have any questions. Resp , Richard Amerman, P.E. Assistant City Engineer Copy To: Tom Cowan, P.E. Carver Engineering, Inc. Post Office Box 1997 - Kalispell, Montana 59903-1997 Telephone (406) 758-7700 - FAX (406) 758-7758 GJN_ August 19, 19" Tom Cowan, PE_ Carver Engineering, Inc. 1995 Third Avenue East Kalispell, Mt. 59901 Re: Ashley Parr Phase III Dear Tom: CIA AUG 2 3 1999 The Plans and supporting documents for the referenced project have been reviewed and are hereby approved_ A pre -construction conference needs to be -scheduled before work cow on the project. We look forward to worldng with you. on this- new development_ Respecddy, Richard Amerman, P E. Assistant. City Engineer Post Office Box 1997 - Kalispell, Montana 59903-1997 Telephone (406) 758-7700 - FAX (406) 758-7758 Flathead Regional Development Office 723 5th Avenue East - Room 414 Kalispell, Montana 59901 Phone: (406) 758-5980 Fax: (406) 758-5781 December 6, 1999 Dennis F. Carver Somers Land Co. 1995 Third Avenue East Kalispell, MT 59901 Re: Ashley Park Phase III Annexation and Final Plat Dear Dennis: This letter is a follow-up to the recent resolution of issues relating to the filing of the final plat for Ashley Park Phase III subdivision and annexation into the city of Kalispell. As you know the commissioners granted a 60 day extension on the preliminary plat or until February 4, 2000 to allow time for this property to be annexed. This is important primarily because there are substantial infrastructure improvements to be completed and the City will be party to the proposed subdivision improvements agreement and will hold the collateral on the project. As you know, we have scheduled the planning board's consideration of the assignment of zoning upon annexation for their December 14, 1999 regular meeting. The planning board's recommendation for zoning will be forwarded on to the city council for action at their January, 3, 2000 meeting. The final plat will also be scheduled for that meeting and will occur after the council has taken action on the annexation. Hopefully, this will be satisfactory for you. An additional issue which needs to be addressed is the cash in -lieu of parkland check which was submitted with the final plat and made out to Flathead County. Since the subdivision will be in the city, the check should be made out to the City of Kalispell. I am returning the check with the letter. Would you please return it to our office made out to the City of Kalispell at your earliest convenience. Thank you. Sincerely, //W-- Narda A. Wilson Senior Planner Enclosure: cash in lieu of parkland check NW LETTERS\99\ASHLYPK3 Providing Community Planning Assistance To: • Flathead County • City of Columbia Falls • City of Kalispell • City of Whitefish • SUBDIVISION [M[PROVE`IENTAGREEMENT THIS AGREEMENT, made and entered into this day of , 1999, by and between CITY COUNCIL, CITY OF KALISPELL, MONTANA, Parry of the First Part and hereinafter referred to as the CITY, and SOMERS LAND COMPANY, a corporation located at 1995 Third Avenue East, Kalispell, Montana 5990I, Party of the Second Part and hereinafter referred to as DEVELOPER. W ITNESSETH: THAT WHEREAS, the Developer is the owner and developer of a new subdivision known as Ashley Park, Phase III, located in Kalispell, Montana in the N 1/2, SE 1/4 of Section 19, Township 28N, Range 21 W, Flathead County, Montana; and, WHEREAS, the City has conditioned it's approval of the final plat of Ashley Park, Phase III, 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 time, and the Developer wishes to bond for the completion of those improvements set forth in "Exhibit A"; and, WHEREAS, the City's Subdivision Regulations require that a subdivider shall provide a financial security of 125% of the estimated total cost of construction of said improvements as evidenced by an estimate prepared by a licensed professional engineer included herewith as "Exhibit B"; and, WHEREAS, the estimated total cost of construction of said remaining improvements is the sum of $ 284. 559.28 . NOW THEREFORE, in consideration of the approval of the final plat of said Subdivision by the City, 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 City Council, in the amount of $ 355,824.10 . 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 guarantees funds in the sum of $ 355 824.10 , which represents 125% of the estimated cost of completing the required improvements in Ashley Park, Phase III. b. That if the Developer fails to complete the specified improvements 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 limit of credit stated in the Letter of Credit; 2. That said required improvements shall be fully completed by August 15, 2000 Page I 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; and, f. All applicable fees and surcharges have been paid. 4. The Developer shall cause to be filed with the City copies of final plans, profiles, grades and specifications of said improvements, with the certification, of the registered professional engineer responsible for their preparation, that all required improvements have been installed in conformance with said plans and specifications. IT IS ALSO AGREED BY AND BETWEEN THE PARTIES HERETO AS FOLLOWS, TO WIT: That the Developer shall provide for inspection of all required improvements by a registered professional engineer before the Developer shall be released from the Subdivision Improvement Agreement. That if the City determines that any improvements are not constructed in compliance with the plans and specifications, it shall furnish the Developer with a list of specific deficiencies and may withhold collateral sufficient to insure such compliance. If the City determines that the Developer will not construct any or all of the improvements in accordance with the plans and specifications, or within the required time limit(s), it may withdraw the collateral and employ such funds as may be necessary to construct the improvement(s) in accordance with the plans and specifications. The unused portions of the collateral shall be returned to the Developer or the crediting institution, as is appropriate. That as improvements are completed, the Developer may apply to the City for a release of part of the collateral deposited with the City. The proportion of the collateral released may not exceed the proportion which the improvements completed represent of all originally required improvements; otherwise, said Letter of Credit may not be withdrawn until released by the City. That this agreement shall inure to the benefit of and be binding upon any successors in interest, heirs, or assignees. Page 2 IN WITNESS WHEREOF, the Parties to this agreement have hereunder set their hands and seals the day and year herein before written. By - (Title) STATE OF i<1 ONTANA, COUNTY OF FLATHEAD On this .3' 0 day of goytxn b e VZ— , 1999, before me, a Notary Public for the State of Montana, personally appeared ��..r.; 5 �. C'nQvg—w— known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notary Seal this day and year first above written. 6E )WTI Ka"W1"' # SrSltl. # RM&Q at KdSA WON SF tM d les OF Notary Public for the State of Montana Residing atA�aA ,t S P&L Div Commission Expires VWkt t e�, a poi This agreement is hereby approved and accepted by the City of Kalispell this day of 1999. MAYOR, CITY OF KALISPELL Mayor ATTEST: Finance Director Page 3 12aarb of CTammis5iolljers 800 SOUTH MAIN STREET May 10, 1994 • KALISPELL, MONTANA 59901 758-5503 (40s) !j Mr. Stephen F. Herbaly, Director Flathead Regional Development Office 723 Fifth Avenue East - Kalispell, Montana 59901 RE: Preliminary Plat - ASHLEY MEADOWS SUBDIVISION Dear Mr. Herbaly: On this date, the Flathead County Board of Commissioners reviewed the preliminary plat application for Ashley Meadows Subdivision. The Board of Commissioners has granted conditional approval to this request. A copy of the conditions, Exhibit A, is attached for your reference. This preliminary plat approval , is in effect for two years and will expire on May 10, 1996. Please contact our office if you have any questions regarding this matter. Sincerely, BOARD OF COMMISSIONERS FLATHEAD COUNTY, MONTANA William R. Hedstro hair= L"j Howard W. Gipe, Member Sharon L. Stratton, Member Attachment: Exhibit A cc: Dennis Carver' Carver Engineering Somers Land Company 1995 Third Ave. East 1995 Third Ave. East Kalispell, MT 59901 Kalispell, MT 59901 EXHIBIT A Conditions, upon which preliminary plat approval has been granted to Ashley Meadows Subdivision on this date of May 10, 1994, are as follows: 1. That the subdivision obtain approval from the Montana Department of Health and Environmental Sciences. 2. all water lines, sanitary sewer, culverts, and storm sewer lines/swales shall be built according to plans and specifications approved by the City of Kalispell Public Works Department. All water, sewer main extensions, and storm sewer lines/swales on private property shall be placed within suitable easements and approved by the City of Kalispell Public Works Department. 3. The construction of all streets, curbs. gutters, and sidewalks shall be done in compliance with City of Kalispell standards and approved by the City of Kalispell Public Works Department. 4. A 20-foot reserved strip for right-of-way be maintained along the westerly boundary in common with the rail right-of-way for the future alternate highway 93 route. If the highway is constructed prior to final plat of phases 6 and 7, any remainder not used for right-of-way may be included into adjoining lots, so as to increase their depth. S. Prior to final plat of phase 2, installation of the northerly access route through South Meadows is to be completed. 6. All utilities shall be installed underground 7. The owner shall pay a cash -in -lieu of park land payment equal to 1/9th of the undeveloped market value of that portion of the site proposed for final plat. 8. Placement of fire hydrants shall be approved by the City of Kalispell Fire Department. Documentation from the chief of the City of Kalispell Fire Department, which indicates that the proposed fire suppression facilities are adequate, shall be submitted with the application for final plat approval. 9. This preliminary plat approval is valid for a period of two (2) years. The project is also approved in seven (7) phases. This two-year period is based on approval of final plat of phase 1 within this two (2) years. Upon approval of each phase, an additional two (2) years to receive final plat for the next phase is granted. A one (1) year extension may be granted for each individual phase. If any phase expires, the remaining unrecorded phases also expire. 10. The lots meet the City of Kalispell Zoning Regulations 11. Lot numbers, street addresses, and net acreage for each lot shall be included on the face of the final plat. 12. All streets shall be clearly signed in a manner conforming to City of Kalispell standards. t Conditions of Preliminary Plat/Ashley Meadows Subdivision Page 2 13. Prior to final plat of each phase, annexation shall occur. 14. Street tree planting shall be coordinated in partnership with the City of Kalispell Parks Department. BOARD OF COMMISSIONERS FLATI4EAD COUNTY, MONTANA William R. Hedstrom, Chaignan i Howard W. Gipe, Member - Sharon L. Stratton, Member � r of Clummissiourrs 800 SOUTH MAIN STREET June 22, 1994 Mr. Dennis F. Carver % Carver Engineering 1995 - 3rd Avenue East Kalispell, Montana 59901 KAUSPELL. MONTANA 59901 (406) 756-5650 Re: Ashley Park Subdivision - Phase I Dear Mr. Carver: This letter is a follow-up of your June 7, 1994 meeting with the Board of County Commissioners relative to condition # 13, which did state "Prior to final plat of each phase, annexation shall occur". Your proposal was to amend the wording to appear as follows: Condition # 13. "Prior to final plat of each phase, a petition to annex for that phase shall be presented to the City of Kalispell". You presented a letter signed by Mr. Bruce Williams, City Manager of the City of Kalispell in support of this change. After consideration and discussion and determination that this was not a substantial change,the Flathead County Board of Commissioners did unanimously approve this amendment to condition # 13. Very Truly Yours, OFFICE OF FLATHEAD COUNTY BOARD OF COMMISSIONERS Earl W. Bennett Administrative Assistant cc: FRDO Ashley Meadows Subdivision File EXHIBIT "B" CERTIFICATION OF WORK TO BE COMPLETED ASHLEY PARK, PHASE III SUBDIVISION ROADS COMPLETED TO DATE 1-Nov-99 hem No. Description Unit Measure Estimated Quantity Unit Price Total Price QUANTITY COMPLETED TOTAL COST COMPLETED 101 Unclassified Excavation C.Y. 4,290 $ 3.25 $ 13,942.50 4.290 $13,942.50 102 Select Sub -Base, 3" (-) Pit Run Gravel C.Y. 3,057 $ 8.00 $ 24,456.00 0 $0.00 103 Crushed Base, 3/4" Crushed Gravel S.F. 66,024 $ 0.22 $ 14,525.28 0 $0.00 104 Hot Plant Mix Asphalt (4' - Two Lifts) S.F. 56,592 $ 0.75 $ 42,444.00 0 $0.00 105 Curb and Gutter } L.F. 3.092 $ 7.00 $ 21,644.00 0 $0.00 Valle Guttars w! Aprons S.F. 612 $ 3.00 $ 1,836.00 0 $0.00 L106 107 Sidewalk (5' Wide) wl Prepared Base S.F. 15,700 $ 2.50 $ 39,250.00 1 01 $0.00 SUBTOTAL ITEMS 101-107 $ 158,097.78 $13,942.50 WATER SYSTEM Item No. Description Unit Measure Estimated Quantity Unit Price Total Price QUANTITY {� TOTAL COST COMPLETED ! COMPETED 201 8' PVC Water Main L.F. 1,593 $ 21.00 $ 33,453.00 0 } $0.00 202 8' Gate Valves and Boxes EACH 3 $ 825.00 $ 2,475.00 0 $0.00 203 Fire Hydrant w/ Aux. Valves EACH 4 $ 2,150.00 $ 8,600.00 01 $0.00 204 Tees & Misc. Fittings EACH 8 $ 425.00 $ 3,400.00 0 50.00 1' Water Services EACH 30 $ 500.00 $ 15,000.00 0 " $0.00 L205 206 Flus ' Hydrant EACH 1 $ 1,250.00 $ 1,250.00 0 $0.00 SUBTOTAL ITEMS 201 - 206 $ 64,178.00 } $0.00 SEWER SYSTEM Item No. Unit Description Measure Estimated Quantity Unit Price Total Price QUANTITY j TOTAL COST COMPLETED COMPLETED 301 8' PVC Sewer Main L.F. 1,534 $ 18.00 $ 27,612.00 01 $0.00 302 4' Services E EACH 30 $ 410.00 $ 12,300.00 0 ? $0.00 303 4' Diameter Manhole w! Ring & Cover I EACH 4 $ 1,300.00 $ 6,200.00 0 : $0.00 SUBTOTAL ITEMS 301 - 303 $ 45,112.00 $0.00 MISCELLANEOUS WORK Item No. Description I Unit ( Measure Estimated Quan ' Unit Price Total Price QUANTITY 3 TOTAL COST COMPLETED t COMPLETED 401 Topsoa C.Y. 270 $ 15.00 $ 4,050.00 01 $0.00 402 H droseed S.F. 21.400 $ 0.05 $ 1,070.00 0 $0.00 403 Street Signs EACH 2 $ 150.00 $ 300.00 SUBTOTAL ITEMS 401 - 403 1 1 1 $ 5,420.00 $0.00 UTILITIES Item No. Description Unit Measure Estimated Quantity Unit Price Total Price QUANTITY TOTAL COST COMPLETED COMPLETED 501 Utility Trench L.F. 1,980 $ 2.00 $ 3,960.00 0 i $0.00 502 FumishMstail 2' Conduit L.F. 3,520 $ 1.80 $ 6,336.00 0 $0.00 503 FumishRnstall 3" Conduit L.F. 1,540 $ 2.20 $ 3,388.00 0 : $0.00 504 Single Phase Transformer Vault EACH 5 $ 650.00 $ 3,250.00 01 $0.00 505 Street Light Bases EACH 4 $ 340.00 $ 1,360.00 0 $0.00-1 SUBTOTAL ITEMS 501-505 $ 18,294.00 ( $0.00 EXHIBIT 'B' ASHLEY PARK, PHASE III LETTER OF CREDIT CERTIFICATION 1 1 /1 /99 1 OF 2 PAGES ENGINEERING, SURVEYING, UTILITY COMPANIES - PERMITS, FEES COMPLETED TO DATE 1-Nov-99 hem No. Description Unit Measure Estimated Quan ' Unit Price Total Price QUANTITY COMPLETED TOTAL COST COMPLETED 601 Gas Utility (Montana Power Company) LUMP SUM 1 S 5,240.00 $ 5,240.00 100% $5.240.00 602 Telephone Utility (Centuryte0 LUMP SUM 1 s 8,000.00 $ 8,000.00 100% $8,000.00 603 Electrical Power (Flathead Electric Co-op) LUMP SUM 1 ; $ 12,000.00 $ 12,000.00 100% $12,000.00 604 MDEQ Review Fee LUMP SUM 1 s 3.D00.00 S 3,000.00 100% $3,000.00 605 FRDO Final Plat Fee LUMP SUM 1 i $ 550.G0 $ 550.00 100% $550.00 606 lEngineering Design LUMP SUM 1 s 7,500.00 $ 7,500.00 100%j $7.500.00 607 Engineering, Construction LUMP SUM 1 1 $ 3,500.00 $ 3,500.00 0% $0.00 608 Surveying, Construction LUMP SUM 1 ! s 5,000.00 $ 5,000.00 20% $1,000.00 609 Surveying, Legal LUMP SUM 1 I s 9,000.00 s 91000.00 100% $9.000.00 SUBTOTAL ITEMS 601 - 609 , $ 53,790.00 $46,290.00 TOTAL PROJECT BUDGET $ 344,891.78 560,232.50 ORIGINAL TOTAL ESTIMATED COST OF CONSTRUCTION $ 344,891.78 AMOUNT COMPLETED PRIOR TO BONDING $ 60,232.50 AMOUNT OF REMAINING WORK $ 284,659.28 AMOUNT OF BOND (125 % OF RE.NLAINING WORK) $ 355,824.10 AMOUNT OF WORK COMPLETED TO DATE $ 60,232.50 PERCENTAGE OF WORK COMPLETED TO DATE 17% AMOUNT OF WORK REMAINING $ 284,659.28 ORIGINAL BOND AMOUNT $ 355,824.10 AMOUNT OF BOND TO BE RETAINED (125% OF REMAINING WORK) $ 355,824.10 BOND AMOUNT TO BE RELEASED $ - AMOUNT PREVIOUSLY RELEASED $ - AMOUNT TO BE RELEASED AT THIS TIME s AS ENGINEER OF RECORD FOR ASHLEY PARK, PHASE III, I CERTIFY THAT THE WORK LISTED HEREIN IS CORRECT. IN ADDITION, I CERTIFY THAT THE ASSOCIATED COSTS ARE REASONABLY .ACCURATE ESTIMATES OF THE RESPECTIVE COSTS OF THE WORK- THE VALUE OF CONSTRUCTION AND OTHER WORK COMPLETED TO DATE IS ESTIMATED TO BE ............... $ 60,232.50 THE TOTAL VALUE OF THE REMAINING WORK, SERVICES AND FEES IS ES MIATED TO BE ................. $ 284,659.28 SECURITY HELD AT 125 % OF THE REMALNLNG COSTS SHOULD BE IN THE AMOUNT OF. ....................... $ 366,824.10 THEREFORE, IT IS IN ACCORDANCE WITH THE SUBDIVISION LNIPROVEMENTS AGREEMENT TO REDUCE THE TOTAL AMOUNT OF THE SECURITY HELD BY $ THOMAS M. COWAN, P.E. `ALL IMPROVEMENTS SHALL BE COMPLETED BY AUGUST 16, 2000 0O NT ty aF � t THOMAS M. Z -4 COWAN � 10323 P.E. 4U � Pv AR�FESS\()� EXHIBIT -8' ASHLEY PARK, PHASE Ili LETTER OF CREDIT CERTIFICATION 1 111199 2 OF 2 PAGES VALLEY BANK. I K A L I S P E L L O�VB November 11, 1999 TO: The City of Kalispell ATTN: William Boharski, Mayor FROM: Valley Bank of Kalispell 41 Third Street West PO Box 48 Kalispell, MT 59903-0048 RE: Irrevocable Standby Letter -of -Credit No. 1201 AMOUNT: $355,824.10 EFFECTIVE DATE: November 11, 1999 EXPIRATION: October 15, 2000 Dear Mayor Boharski: We hereby establish a standby Irrevocable Letter of Credit in your favor for the sum not exceeding a total of $355,824.10 for the account of Dennis Carver, Somers Land Company, Inc. and Ashley Park, Phase III Subdivision. The required improvements for which this letter applies are enumerated as exhibit "A", attached. Draws on the Letter of Credit shall be made by the City of Kalispell upon its written statement signed by a City Commissioner and in the following form: RE: Valley Bank of Kalispell Irrevocable Standby Letter of Credit No. 1201 Dated November 11, 1999 The City of Kalispell hereby drawn under said Letter of Credit No.1201 in the amount of $355,824.10. Said amount is being drawn to pay for the cost of stated specific improvements which were to be completed as set forth in the attached Development agreement dated November 11, 1999 and signed by William Boharski, Mayor. The City has given written notice to Dennis Carver, Somers Land Company, Inc. of its failure to timely complete said improvements and has set forth the particular improvements not so completed, a copy of which written notice is attached. Such draft and supporting documents shall be presented at Valley Bank of Kalispell, 41 Third Street West, P.O. Box 48, Kalispell, Montana 59903-0048. MEMBER F.D.I.G. P.O. BOX 48 KALISPELL, MT 59903.0048 406.752.7123 FAX 406 752 7320 This Letter of Credit shall terminate and expire either (a) upon the delivery to the Bank of the written certificate by the City of Kalispell stating that Dennis Carver, Somers Land Company, Inc. has satisfactorily completed the improvements for said Phase III Subdivision, as referred to, or (b) October 15, 2000, whichever date is the sooner. The amount of this Letter of Credit may be reduced, from time to time, as improvements as listed on exhibit "A" are completed and verified by a Certificate of Completion by the Public Works Department of the City of Kalispell. This Letter of Credit is subject to the Montana Uniform Commercial Code and the Uniform Custom and Practice for the Documentary Credits (1983 Revision) International Chamber of Commerce Document No. 400. Valley Bank of Kalispell Allan Aronson, Senior Vice President ATTEST: !'tl` RE: Dennis Carver, Somers Land Company, Inc. Phase Three Subdivision Letter of Credit No. 1201 APPROVAL The foregoing Letter of Credit is hereby approved and accepted. DATED this day of November 1999. CITY OF KALISPELL BY William Boharski, Mayor PRELIMINARY SUBDIVISION CERTIFICATE OF TITLE To the County of 27 0219 89 205690 CHICAGO TITLE INSURANCE COMPANY Flathead and the City of Ka 1 i s pe 11 in Montana 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 4th day of October 19 99 , at > o'clock P.M., the title to the described real estate was indefeasibly vested in fee simple of record in: Somers Land Company, A Montana Corporation subject only to the objections. liens charges, encumbrances and other 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 (P.O. Box 73) Kalispell, MT 59901 (406) 752 - 7000 FAX (406) 752 - 7207 (TITLE) (406) 257 - 5663 (ESCROW jAuthorized Swnjton CHICAGO TITLE INSURANCE COMPANY B> . ATTEST: Pres' ent Secretary PRELIMINARY SUBDIVISION CERTIFICATE OF TITLE (MONTANA) Reorder Form No. 9113 Rathead County Board of Commissioners (406) 758-5503 Howard W. Gipe '`"''• Robert W. Wame Dale W. Williams -,��i� •: January 21, 1999 JA N 2 1 199? Dennis F. Carver, President PLArHEAD RE,,. Somers Land Company, Inc. RSVUOPMENT OFFIf- 1995 Third Avenue East Kalispell, Montana 59901 RE: Extension Request for ASHLEY PARK SUBDIVISION, PHASE III Dear Dennis: On this date the Board of Flathead County Commissioners granted approval of a one-year extension for Ashley Park Subdivision, Phase II. The expiration date has been extended to December 4, 1999. Please contact this office if you have any questions regarding this matter. Sincerely, BOARD OF COMMISSIONERS FLATHE COUNTY, MONTANA Dale W. Williams, Chairman Robert W. atne,ember Howard W. Gipe, Member FCBC:ecn. c: athead Regional Development Office 723 5th Ave. East Kalispell, MT 59901 800 South Main ** Kalispell. Montana 59901 ** Fax (406) 758-5861 Flathead County Board of Commissioners (406) 758-5503 Howard W. Gipe Robert W. Wame Dale W. Williams December 1, 1999 Mr. Dennis F. Carver, President Somers Land Company 1995 Third Avenue East Kalispell, Montana 59901 RE: Extension Request for ASHLEY PARK SUBDIVISION WEl Y ED DEC 01 1999 On this date the Board of Flathead County Commissioners granted approval of a 60- day extension for Ashley Park Subdivision. The expiration date of December 4, 1999 has been extended to February 4, 2000. Contact this office if you have any questions regarding this matter. Sincerely, BOARD OF COMMISSIONERS FLATHEAD COUNTY, MONTANA Dale W. Williams, Chal_rman Robert W. Watne, Member Not Available for Signature Howard W. Gipe, Member FCBC:ecn c: Sands Surveying �V fw 1995 Third Ave. East 723 5th Ave. East Kalispell, MT 59901 Kalispell, MT 59901 900 South Main ** Kalispell, Montana 59901 ** Fax (406) 758-5861 PLAT ROCK FLA.TURAD COUNTY, NOWZAN& 800 S. MAIN FCALISPSLL, HT 59901 (406) 758-5510 THIS FORM IS FOR SUBDIVISIONS AND CONDOMINIUMS ONLY Q� BY: :30"'/S PR FOR: SC/� v1.2 �� 5 �C tL►'� !�? C �r cr2/' DATE: �/ y% 9 DESCP: r15� ley pc k fJfj PURPOSE: p/G� fr Y 19-a8-a2/ YEARS ASSESSOR # 2992 THRU Jc19'�� oo e a ysD % 9 AND TO DATE D 0 '? "?, �6 0 -/C, ofa.-b- p 08a Y5- 0 I hereby certify that there are no outstanding taxes on the property assigned the assessor numbers listed above, for the years indicated for each assessor number. - 2 1999 DEPUTY TREASURER S EAI, KAT, SPELL ZONING DISTRICT PUff UMs1�/W FILE # KFP-99-4 SCALE 1" = 500' &\&\vfte4.MM PAY TO THE ORDER OF _ SOMERS LAND COMPANY, INC. VALLEY BANK OF KALISPELL 1467 1995 THIRD AVENUE EAST KALISPELL, MT 59Wl-4447 KALISPELL, MT 59901-5730 93-229/M C 11/01/1999 `-2,031.33 Two Thousand Thirty -One and 33/100sssssssssssssssssssssaasassssssssssssssssssssssssssssssssssassssasasssssssssss DOLLARS sec m roawres rcxmc FLATHEAD COUNTY TREASURER ' Dean `" °aa` 800 SOUTH MAIN KALISPELL MT 59901 ^ USTOM t CE M1Acrr10 FEES FOR ASHLEY PARK PH 3 11200 it. 6?us 409 290 2 29 N 3 26 399u' Citizen's Title 199930S 05bo CRCT-59550 RELEASE OFASSIGNMENT OF MORTGAGE VALLEY BANK OF KALISPELL, as ASSIGNEE in that certain ASSIGNMENT OF `jIORT�AGE dated May 18, 1995, and executed by JOYCE L. RADABAH, recorded May 22, 1995 as Document No. 9514211420, records of Flathead County, Montana, does hereby release, remise, quitclaim, reassign and reconvey, unto the Assignor therein, or to the parties now legally entitled thereto, all right, title and interest in and to the Mortgage therein described, all other rights as therein set forth, and the real property therein described, which real property is described as follows: !iy See Attached Exhibit "A" c� Together with appurtenances. •b 0 In Witness whereof, this instrument has been subscribed to thi�ac-t— uay of October, 1999. 0, 0 Q VALLEY BANK OF KALISPELL mil';� ��^ •. p STATE OF MONTANA ) O ) S.S. Q COUNTY OF FLATHEAD ) A01. r----., Attest: s, On this r;C1 day of October, 1999, before me, the undersigned, a Notary Public in and for the State 0�—Montana, personally appeared of the corporation � '1 CACjjSt�-- , known to me to be the 4�t�S2Cf�t'lf w ose name is subscribed to the within instrument, and �0 acknowledged to me that such corporation executed the same. In witness whereof, I have hereunto set my hand and affixed my official seal the day and year last f j above written. 00 O � � O { `o v L(G �CtSt�� J Ltj )1 i -X Notary Publip,,State of Montana Residing at My commission expires t999305 it S6 0 EXHIBIT "A" The Northeast Quarter of the Southeast Quarter NE;SE%), and that part of the West Half of the Southeast Quarter �WhSE;) lying Easterly of the Easterly boundary of the Great Northern Railway Company right-of-way as the same now crosses over the said West Half of the Southeast Quarter, all being in Section 19, Township 28 North, Range-21 West, M.P.M., Flathead County, Montana. . EXCEPTING THEREFROM the following described tract of land: Commencing at the Northeast corner of the Southeast Quarter of said Section 19; thence taest along the Quarter Section line a distance of 247 feet; thence at angles Southerly a distance of 217 feet to a point; thence at right angles Easterly a distance of 247 feet to the Section line; thence Northerly. along the Section line a distance of 217 feet to the point of beginning. ALSO EXCEPTING THEREFROM a right of way 30 feet in width for public road along the East boundary of premises. RE TURN TO: Valley Bank Box 48 Kalispell, MT 59903-0048 STATE OF MONTANA, SS County of Flathead Recorded at the request of this / day of T the records of Flathead County, State of Montana. Fee S Pd. RECEPTION NO. 19993051 I nO RETURN TO and recorded in