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4. Final Plat - Glacier Village Greens Phase 22APlanning Department 201 1St Avenue East Kalispell, MT 59901 Phone: (406) 758-7940 Fax: (406) 758-7739 www.kalispell.com/planning REPORT TO: Kalispell Mayor and City Council FROM: Sean Conrad, Senior Planner Myrt Webb, Interim City Manager SUBJECT Final Plat for Glacier Village Greens Phase 22A MEETING DATE: November 3, 2008 BACKGROUND: This is a request for final plat approval of Glacier Village Greens Phase 22A that plats 12 sublots on approximately 8 acres. The property is located at the northern end of East Nicklaus Avenue. The Kalispell City Council approved Glacier Village Greens Phases 14 through 22 in December of 2002 subject to 16 conditions and a phasing plan. Since that time the applicants have continued to plat small phases in concert with market demand. They are now coming in to final plat phase 22 but have chosen to break phase 22 into at least two smaller phases. Again this is in keeping with their market and sales plan. Therefore they have submitted phase 22A which contains 6 two unit townhouse lots for a total of 12 sublots. All improvements are in place. RECOMMENDATION: A motion to approve the final plat for Glacier Village Greens Phase 22A would be in order. FISCAL EFFECTS: ALTERNATIVES: Respectfully submitted, 61y'44l'i Sean Conrad Senior Planner Minor positive impacts once developed. As suggested by the city council. Report compiled: October 27, 2008 MyA Webb Interim City Manager Attachments: Letter of transmittal Final plat application and supporting documents Manning Department 201 V Avenue East Kalispell, MT 59901 Phone: (406) 758-7940 Fax: (406) 758-7739 www.katispell.com/planning October 27, 2008 Myrt Webb, Interim City Manager City of Kalispell P.O. Drawer 1997 Kalispell, MT 59903 Re: Final Plat for Glacier Village Greens Phase 22A Dear Myrt: Our office has received an application from Sands Surveying for final plat approval of Glacier Village Greens Phase 22A that plats 12 sublots on approximately eight acres. The property is located at the northern end of East Nicklaus Avenue in the Glacier Village Greens subdivision. The Kalispell City Council approved Glacier Village Greens Phases 14 through 22 in December of 2002 subject to 16 conditions and a phasing plan. Since that time the applicants have continued to plat small phases in concert with market demand. They are now coming in to final plat phase 22 but have chosen to break phase 22 into at least two smaller phases. Again this is in keeping with their market and sales plan. Therefore they have submitted phase 22A which contains six two unit townhouse lots for a total of 12 sublots. All improvements are in place. The following is a list of the conditions of preliminary plat approval for this subdivision and a discussion of how they have been met or otherwise addressed. COMPLIANCE WITH CONDITIONS OF APPROVAL Condition No. l: Development of the subdivision shall be platted in substantial compliance with the approved preliminary plat which governs the location of lots and roadways within the subdivision. • This condition has been met. Some minor modifications have been made to the lot layout for this area by shifting the road and lots west to avoid the 100-year floodplain along the Whitefish River. Condition No. 2: That the roadways serving the subdivision shall be constructed in accordance with the adopted Design and Construction Standards for the City of Kalispell for local roads and include the pavement, curbs, gutters, storm drainage, sidewalks and a minimum five foot landscape boulevard with street trees placed in accordance with a plan approved by the parks and recreation director. A letter from an engineer licensed in the State of Montana certifying that the improvements have been installed according to the required specifications shall be submitted at the time of final plat approval along with a letter from the Kalispell Public Works Department stating that the required improvements have been inspected and comply with the City standards. • This condition has been met. A letter from the Kalispell Public Works Department dated 4/25/03 has been submitted approving the infrastructure plans for phases 14, 18 and 22. A subsequent letter from the Kalispell Public Works Department dated 4 / 11 / 08 approves of the city owned improvements in the subdivision based in part on a letter from the project engineer, WMW Engineering, dated 6 / 11 / 08. Although only a portion of East Nicklaus Avenue is shown on phase 22A, the entire roadway has been constructed. Only the portion of East Nicklaus Avenue shown on the final plat for phase 22A will be dedicated to the city at this time. However, the developer will be providing a temporary easement for the use of the remaining portions of East Nicklaus Avenue for public use. Once the remaining lots within phase 22, which includes the remaining portions of East Nicklaus Avenue, are recorded the remaining portions of road right-of-way will be dedicated to the city. Condition No. 3: That a letter be obtained from the Kalispell Public Works Department approving the sewer and drainage facilities for the subdivision. • This condition has been met. Attached is a letter dated 4 / 25 / 03 from the Public Works Department approving the plans and specifications for the project. Condition No. 4: That a geotechnical analysis of the slope areas to the north and to the west of the proposed subdivision be performed that pertains to the stability of the slope and identifies any potential for failure due to development of the subdivision or other construction that might occur. The report shall be submitted to the Kalispell Public Works Department for their review and approval. • This condition is not applicable to this phase. Condition No. 5: A storm water drainage plan which has been designed by an engineer licensed in the State of Montana shall be prepared which complies with the City's Design and Construction Standards and shall be reviewed and approved by the Kalispell Public Works Department. • This condition has been met. A letter from Public Works Department dated 4 / 25 / 03 approving the plans and specifications for this project has been submitted with the final plat application. Condition No. 6: That the developer obtain a letter from the Evergreen Water District or their engineer approving the water main extension and certifying that any necessary improvements have been completed. e This condition has been met. A letter from the Evergreen Water 8s Sewer District dated 4 / 8 / 08 approving the water main extension has been submitted with the final plat application. Condition No. 7: The roads within the subdivision shall be named and signed in accordance with the policies of the Kalispell Public Works Department and the Uniform Traffic Control Devices Manual and be subject to review and approval of the Kalispell Fire Department. • This condition has been met. The road signs for this roadway are already in place. Condition No. 8: The developer shall provide a letter from the U.S. Postal Service approving the plan for mail service. • This condition has been met. Based on a letter from the post office dated 7 / 21 / 08 phase 22A will utilize existing pre -approved mail facilities south of the site. Condition No. 9: Street lighting shall be located within the subdivision and shall be shielded so that it does not intrude unnecessarily onto adjoining properties. • This condition has been met. Street lighting has been installed in the subdivision. Condition No. 10: That the parkland dedication requirements shall be met by recognizing the existing park and parking improvements as well as open space within the development. • This condition has been met. Condition No. 11: All utilities shall be installed underground. • This condition has been met. All new utilities have been installed underground. Condition No. 12: That the fire access and suppression system comply with the Uniform Fire Code and a letter from the Kalispell Fire Department approving the access and number and placement of fire hydrants within the subdivision as well as fire flows and access shall be submitted with the final plat. The fire access and suppression system shall be installed and approved by the fire department prior to final plat approval. • This condition has been met. A letter from the Kalispell Fire Department dated 5 / 8 / 08 has been submitted approving the fire access and suppression system and the fire flow tests have been completed. Condition No. 13: That a minimum of two-thirds of the necessary infrastructure for this subdivision shall be completed prior to final plat submittal. • This condition has been met. All necessary infrastructure has been installed except for street trees which the developer has paid the Kalispell Parks and Recreation Department to install when the lots are developed. A letter dated 4/11/08 from the Parks and Recreation Department approving the cash in lieu of street trees is attached. Condition No. 14: All areas disturbed during development of the subdivision shall be re -vegetated with a weed -free mix immediately after development. • This condition has been met. Condition No. 15: That the boundaries of the 100-year floodplain be established and delineated on the final plat. • The original lot configurations for the subdivision had portions of the 100-year floodplain on the east side of the lots. Since preliminary plat the developer has shifted the roadway and lots west, out of the 100-year floodplain. The final plat shows the 100-year floodplain boundary east of lots. Condition No. 16: That preliminary approval shall be valid for a period of three years from the date of approval. • This condition has been met. This phase has been filed within the allowed timeframe. COMPLIANCE WITH APPROVED PRELIMINARY PLAT The final plat is in substantial compliance with the preliminary plat which was reviewed and approved by the City Council on December 16, 2002. COMPLIANCE WITH THE SUBDIVISION REGULATIONS: This subdivision plat has been found to be in compliance with the State and City Subdivision Regulations. COMPLIANCE WITH THE ZONING REGULATIONS This subdivision can be found to be in compliance with the Kalispell Zoning Ordinance and the R-4, Two Family Residential, zoning designation for the property which governs the dimensional requirements of the lots within the subdivision as well as the uses. RECOMMENDATION: It can be found that the conditions of preliminary plat approval have been met or otherwise adequately addressed. The staff would recommend that the Kalispell City Council approve the final plat for the Glacier Village Greens Phase 22A. Please schedule this matter for the regular city council meeting of November 3, 2008. Sincerely, Sean Conrad Senior Planner Attachments: Vicinity map l lx17 copy of plat 2 reproducible mylars of final plat 1 copy of final plat Final plat application received 7 / 8 / 08 Ltr from Sands Surveying dated 7 / 3 / 08 Ltr from Kalispell Public Works Dept dated 4 / 25 / 03 and 4/11/08 Ltr from WMW Engineering dated 6/ 11/08 Ltr from Kalispell Fire Dept dated 5/8/08 Ltr from United States Postal Service dated 7/21/08 Ltr from Montana DEQ dated 6 / 2 / 03 Ltr from Environmental Health Services dated 6 / 9 / 03 Ltr from Evergreen Water & Sewer District dated 4 / 8 / 08 Ltr from Parks and Rec dated 4/ 11 /08 Treasurers Certification dated 6/27/08 Title report dated 9 / 10 / 08 c: Sands Surveying, Inc., Attn: Erica Wirtala 2 Village Loop, Kalispell, MT 59901 Owl Corporation/Mark Owens, 500 Palmer Drive, Kalispell, MT 59901 Theresa White, Kalispell City Clerk City of Kalispell Planning Department 17 - 2nd Street East, Suite 211, Kalispell, Montana 59901 Telephone: (406) 751-1850 Fax: (406) 751-1858 FINAL PLAT APPLICATION Project /Subdivision Name: GLACIER VILLAGE GREENS PHASE 22-A Contact Person: Name: ERICA WIRTALA SANDS SURVEYING Address: 2 VILLAGE LOOP KALISPELL MT 59901 Phone No.: 755-6481 Date of Preliminary Plat Approval:_DECEMBER 10, 2002* Type of Subdivision: Residential XX Industrial Total Number of Lots in Subdivision 12 Land in Project (acres) 8.032 Parkland (acres) No. of Lots by Type: Single Family Duplex Commercial Condominium 6.167 Cash -in -Lieu $ Owner & Mailing Address: OWL CORP C/O MARK OWENS 500 PALMER KALISPELL MT 59901 Commercial PUD Exempt Townhouse 12 Mobile Home Park Apartment Recreational Vehicle Park Industrial Planned Unit Development Multi -Family Other Legal Description of the Property SW1/4 NE1/4 SEC 32, T29N,R21W FILING FEE ATTACHED $ 2300.00 Minor Subdivision with approved preliminary plat $400 + $125/lot Major Subdivision with approved preliminary plat $650 + $100/lot Subdivisions with Waiver of Preliminary Plat $600 + $100/lot Subdivision Improvements Agreement $ 50 Other 1 Attached Not Applicable (MUST CHECK ONE) XX Health Department Certification (Original) XX Title Report (Original, not more than 90 days old) XX Tax Certification (Property taxes must be paid) XX Consent(s) to Plat (Originals and notarized) XX Subdivision Improvements Agreement (Attach collateral) XX Parkland Cash -in -Lieu (Check attached) _XX Maintenance Agreement*EXISTING XX Plats: 1 opaque OR 2 mylars 1 mylar copy 1 signed blueline 4 bluelines 4 bluelines, unsigned 11X17 Copy 11X17 Copy **The plat must be signed by all owners of record, the surveyor and the 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 plat application must be submitted no less than 60 days prior to expiration date of the preliminary plat. When all application materials are submitted to the Kalispell Planning Department, 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 preliminary 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 Kalispell Planning staff to be present on the property for routine monitoring and inspection during the approval and development process. **NOTE: Please be advised that the County Clerk & Recorder requests that all subdivision final plat applications be accompanied with a digital copy. Owner(s) Signature <�,./Oor - Date **A digital copy of the final plat in a Drawing Interchange File (DXF) format or an AutoCAD file format, consisting of the following layers: 1. Exterior boundary of subdivision 2. Lot or park boundaries 3. Easements 4. Roads or rights -of -way 5. A tie to either an existing subdivision corner or a corner of the public land survey system 2 SANDS SURVEYING, INC. 2 Village Loop Road Kalispell, MT 59901 406-755-6481 Fax 406-755-6488 July 3, 2008 (Revised October 20, 2008) Kalispell Planning Office Sean Conrad, Senior Planner 17 Second Street East, Suite 211 Kalispell, MT 59901 Dear Sean: Attached please find the materials necessary to file the final plat for Flathead Village Greens, Phase XXII-A. I have listed the Conditions of Approval, and then subsequently addressed how each Condition was met. Flathead Village Greens Phase XXII was granted Preliminary Plat approval on December 10, 2002 as part of the overall approval for Phases 14-22, (Resolution 4762). On May 4, 2004, the final plat of Phase 14 was approved. In October of 2003, Phases 15 and 16 were approved, in March of 2005, Phase 17 was approved, in January of 2007, Phase 18 was approved and in August of 2005, Phase 20 was approved. 1. Development of the subdivision shall be platted in substantial compliance with the approved preliminary plat which governs the location of lots and roadways within the subdivision. The subdivision is in substantial compliance with the approved preliminary plat. There have been some minor changes from the original phasing of the project, but the overall number of lots has not increased. The overall design has been shifted to accommodate a larger than anticipated floodplain area. This has resulted in a "park" area of 6.167 acres lying to the east of East Nicklus Avenue. 2. That the roadways serving the subdivision shall be constructed in accordance with the adopted Design and Construction Standards for the City of Kalispell for local roads and include the pavement, curbs, gutters, storm drainage, sidewalks and a minimum five foot landscape boulevard with street trees placed in accordance with a plan approved by the parks and recreation director. A letter from an engineer licensed in the State of Montana certifying that the improvements have been installed according to the required specifications shall be submitted at the time of the final plat approval along with a letter from the Kalispell Public Works Department stating that the required improvements have been inspected and comply with the City Standards. Attached are the letters from WMW Engineering and the City of Kalispell Public Works Department certifying that all of the above noted improvements are complete. The Parks and Recreation Department has agreed to implement a "Landscaping Agreement" for the twelve trees that will be installed as the lots are developed. 3. That a letter be obtained from the Kalispell Public Works Department approving the sewer and drainage facilities for the subdivision. Attached is a letter from the City of Kalispell Public Works Department approving all of the above. 4. That a geotechnical analysis of the slope areas to the north and to the west of the proposed subdivision be performed that pertain to the stability of the slope and identify any potential for failure due to development of the subdivision or other construction that might occur. The report shall be submitted to the Kalispell Public Works Department for their review and approval. This is not applicable for this portion of Phase XXII. The Geo-Technical Report has been submitted previously with the proper phase. 5. A storm water drainage plan which has been designed by an engineer licensed in the State of Montana shall be prepared which complies with the City's Design and Construction Standards and shall be reviewed and approved by the Kalispell Public Works Department. Please refer to the attached letter from Kalispell Public Works Department. 6. That the developer obtain a letter from the Evergreen Water District or their engineer approving the water main extension and certifying that any necessary improvements have been completed. Please refer to the letter from Evergreen Water District approving the water main extension. 7. The road within the subdivision shall be named and signed in accordance with the policies of the Kalispell Public Works Department and the Uniform Traffic Control Devices Manual and be subject to review and approval of the Kalispell Fire Department. The roads were named as part of previous phases. 8. The developer shall provide a letter from the U.S. Postal Service approving the plan for mail service. well. -Please refer to the attached letter from the LISPS approving the mailbox site. 9. Street lighting shall be located within the subdivision and shall be shielded so that it does not intrude unnecessarily onto adjoining properties. Street lighting has been installed. 10. That the parkland dedication requirements shall be met by recognizing the existing park and parking improvements as well as open space within the development. As stated. 11. All utilities shall be installed underground. Utilities are installed underground. 12. That the fire access and suppression system comply with the Uniform Fire code and a letter from the Kalispell fire Department approving the access and number and placement of fire hydrants within the subdivision as well as fire flows and access shall be submitted with the final plat. The fire access and suppression system shall be installed and approved by the fire department prior to final plat approval. See attached letter from Deputy Fire Marshal, F. Ray Ruffatto approving said improvements. 13. That a minimum of two-thirds of the necessary infrastructure for this subdivision shall be completed prior to final plat submittal. All of the required improvements have been completed and outside of the Agreement with the Parks and Recreation Department for the twelve trees, there is no Subdivision Improvement Agreement with this phase. 14. All areas disturbed during development of the subdivision for this shall be re -vegetated with a weed -free mix immediately after development. This has been completed as per WMW Engineering letter. 15. That the boundaries of the 100-year floodplain be established and delineated on the final plat. See the face of the final plat for this notation. 16. That preliminary approval shall be valid for a period of three years from the date of approval with a three year extension as the final plat for each phase is filed. This subdivision plat is submitted before the expiration date. 17. Street tree planting shall be coordinated in partnership with the City of Kalispell Parks Department. See attached letter from the City of Kalispell Parks Department regarding street tree compliance. Thank you for your kind consideration of this application. If you should have any further questions or concerns, please do not hesitate to call. Sincerely, k 6-A- Y44--- Erica Wirtala, AICP Planner Sands Surveying, Inc. City of Kalispell Public Works Department Post Office Box 1997, Kalispell, Montana 59903-1997 - Telephone (406)758-7720, Fax (406)758-7831 April 25, 2003 Dick Montgomery, P.E. Environmental Health Services Flathead City -County Health Department 1035 First Avenue West Kalispell, Mt. 59901 Re: Glacier Village Greens, Phases, 14, 18, and 22 Kalispell, Montana Dear Dick, This letter is to confirm that the City of Kalispell has reviewed and approved the construction plans and specifications prepared by Paul L. Wells, P.E., for the referenced project. The Kalispell sanitary sewer system has adequate capacity to serve the project. Please feel free to call if you have any questions. Respectfully, C7 rank Castles Civil Engineer cc: Paul L. Wells, P.E. City of Kalispell Public Works Department Post Office Box 1997, Kalispell, Montana 59903-1997 - Telephone (406)758-7720, Fax (406)758-783I April 11, 2008 Paul Wells, P.E. WMW Engineering, PC 50 West Second Street Whitefish, Montana 59937 RE: Glacier Village Greens, Phase XXII Dear Mr. Wells, The City of Kalispell Public Works Department hereby approves the existing, completed City owned infrastructure (the water distribution mains and the sanitary sewer mains) serving the referenced development and the public road improvements within East Nicklaus Avenue. This letter is intended to meet the City requirement of Condition 2, 3, and 5 of City Resolution No. 4762. If you have any questions, please do not hesitate to contact this office. Since? y, L Frank Castles, P.E. Deputy Public Works Director/Assistant City Engineer Cc: Nicole 3ohnson, Senior Planner Kalispell Planning Office Lee Griswold Owl Corporation 500 Palmer Drive Kalispell, Montana 59901 Sands Surveying, Inc. 2 Village Loop Kalispell, Montana 59901 WMW PC ENGINEERING, Paul Wells, P.E. Principal Engineer June 11, 2008 Mayor Kennedy and City Council c/o Sands Surveying Erica Wirtala 2 Village Loop Road Kalispell, MT 59901 RE: Glacier Village Greens, Phase 22 Dear Mayor and City Council: Consulting Engineers 50 West Second Street Whitefish, Montana 59937 Phone (406) 862-7826 Fax (406) 862-7827 Please accept this letter as my certification that all work has been completed in substantial conformance with the approved plans and specifications. Cc: OWL Corporation z MT3 I q 71 =#.* Re: Final plat approval — Glacier Village Greens, Phase 22 Dear Mr. Griswold, In response to your request for approval of the above -referenced project, our department approves final plat for Glacier Village Greens, Phase 22, with the following information and conditions: u Fire hydrant locations, fire flows, and fire department access are approved by this department. Sincerely, F. Ray Ruffatto cc: Tom Jentz, Kalispell Planning Office Jeff Clawson, Building Official "Assisting our community in reducing, preventing, and mitigating emergencies. " UNITED STATES POSTAL SERVICE 350 N MERIDIAN RD KALISPELL, MT 59901-9998 July 21, 2008 Erica Wirtala Sands Surveying, Inc Glacier Village Greens Cluster Box Approval To Whom It May Concern: I have spoken with Sand Surveying, Inc and agreed that there will not be a problem with delivery at the Site in question. If there is to be any more Expansion beyond what is proposed then at that time there would need to be some minor changes made to the current Concrete Pad. An additional Box would be placed at the site and labled accordingly for Delivery. If you have any questions regarding this matter, you may contact me or Aimee Schmidt at 755-6450. Sincerely, Chad Taylor Growth Management Montana Department of 10 JEANVMONMENTALQUAUTY Judy Martz, Governor P.O. Box 200901 • Helena, MT 59620-0901 • (406) 444-2544 e Website: www.deq.state.mt.us June 2, 2003 WMW Engineering PC Lee Griswold 50 West Second St Whitefish MT 59937 Dear Mr Griswold: RE: Flathead Village Greens Phases 14,18 & 22 Municipal Facilities Exclusion EQ#03-2650 City of Kalispell Flathead County 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 176-4-111 (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. This file has been mailed to the Water Protection Bureau, Kalispell Office for their review. Sincerely, Janet Skaarland Compliance Technician Subdivision Section Water Protection Bureau (406) 444-1801 — email jskaarland@state.mt.us cc: City Engineer, City of Kalispell County Sanitarian file Centralized Services Division • Enforcement Division • Permitting & Compliance Division • Planning, Prevention & Assistance Division • Remediation Division Environmental Health Services 1035 First Avenue West Kalispell, MT 59901 (406) 751-8130 Fax: 751-8131 Monday, June 09, 2003 Lee J. Griswold WMW Engineering 50 W. 2 nd. St. Whitefish, MT. 59937 Administration 751-8101 FAX 751-8102 Community Health Services 751-8110 FAX 751-8111 Reproductive Health Services 751-8150 FAX 751-8151 WIC Services 751-8170 FAX 751-8171 Re: Glacier Village Greens, Phases 14, 18 & 22, Water& Sewer Main Ext., Kalispell, Proj. # FH-03-07 Dear Lee, The plans with specification notes, certified checklist 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 and sewer main extensions as shown on plans prepared by WMW Engineering and received by this office on 6/6/03. The plans were submitted under the seal and stamp of Paul Wells, # 7378 E. 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 L.se 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 a#or 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. Sinc .1y, Richard T. Montgomery, P. Environmental Engineer copies to: Water Quality Division- Helena & Kalispell City of Kalispell, Dept. of Public Works Flathead County Water and Sewer District #l, Evergreen It is the mission of the Flathead City -County Health Department to assure the conditions in which people can be healthy through collaboration, promoting stewardship of our resources, and providing preventive health services to our community. Irwr- to uo uc: cur- wnw cnGineering, rt,-tuo-zsoc- ram r P. i ., , ,Taker & Sewer District r� 130 Nicholson Drive o Kalispell, MT 55901 Phone: (406) 257-5861 • Fax: [406) 756-1588 April 8, 2008 WMW Engineering 50 W. Second St. Whitefish, MT 59937 Attention: Lee Dear Lee: The water main extension for Phase 22 of Glacier Village Greens can he considered acceptable to the District. In accordance with District policy and the extension agreement, the main will be under warranty by the developer for a period of 2 years from the date of this letter. Please contact me if you require additional infarmation. Sincerely, Roberta Strut District Manager of Kalispe fl m Parks and Recreation April 11, 2008 Lee Griswold Owl Corporation 500 Palmer Drive Kalispell, MT 59901-2767 35 1 st Ave East — P O Box 1997 — Kalispell MT 59903-1997 Phone: (406) 758-7960 Fax: (406) 758-7719 Email: cfincher@kalispell.com Re: Glacier Village Greens, Phase 22 Dear Lee: This letter is to serve as approval of the landscaping agreement submitted and dated April 10, 2008 for boulevard trees and planting in Glacier Village Greens, Phase 22. This agreement stipulates that developer will pay the city $295.00 per tree to be planted on twelve lots. Assuming each lot is 40 feet or less, a total of twelve trees will be planted for a total cost of $3,540.00. The developer and/or property owner will be responsible for any boulevard prep, seeding or sod. This developer's agreement is solely for trees and no other landscaping in Glacier Village Greens, Phase 22 We are in receipt of your check numbered 4966 for the amount of $3540.00 to cover the planting of twelve (12) trees in Glacier Village Greens, Phase 22. As the lots are developed, please call our office to schedule the tree plantings. If you have questions regarding the timing involved to plant trees or any concerns, feel free to contact me. Sincerely, i Chad Fincher, Parks Superintendent CC: Sean Conrad, Planning Department Mike Baker, Parks and Recreation Director Deb Diest, Finance Department Plat Room Flathead County, Montana 800 S. Main St. Kalispell, MT 59901 (406) 758-5510 This Form is for Subdivisions Only BY: Sands Surveying FOR: GO Development DATE: 3/20/2008 DESCP : Glacier Village Greens Ph XXII PURPOSE: Plat (Tr 1 in 32-29-21) YEARS ASSESSOR # 2004 thru 2007 0006277 I hereby certify that there are no outstanding taxes on the property assigned the assessor numbers listed above —,for the years indicated each assessor number. jhl / C ,Ilk' Deputy Treasurer (seal) �40 PRELIMINARY SUBDIVISION CERTIFICATE OF TITLE Policy No. MT2013-46-CG-48411-2008.7208926-76523541 Replaces 7208926-1408 CHICAGO TITLE INSURANCE COMPANY To the County of Flathead and the Cityof Kalispell spel 1 in Montana CHICAGO TITLE INSURANCE COMPANY, a corporation organized and existing under the laws of the State of Missouri, with its principal office on the City of Chicago, Illinois, and duly authorized to insure titles in Montana hereby certifies that from its examination of these public records which are impart constructive notice of matters affecting the title to the real estate described in Schedule A hereof, as of the 10th day of September 2008 at 5 o'clock P.M., the title to the real estate was indefeasibly vested in fee simple record in: Flathead Village Greens L.L.C., A Nevada Limited Liability Company formerly known as Go Development L.L.C., A Nevada Limited Liability Company who acquired title as Go Development, L.L.C., A Montana Limited Liability Company subject only to the obligations, 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 $ 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. MT2013 Sterling Title Services, Inc. 211 S. Main St Kalispell, MT 59901 Signatory CG-48411 011CAGOTITLE IitiWRANCr COMPANY prrts3dant tt ra ATTEST TT' Reorder Form No. 9113 (Reprinted 11/03) Preliminary Subdivision Certificate of Title For Use In Montana SCHEDULE A Page 3 Certificate No.: 7208926-7652354 Replaces : 7208926-1408 Our File No.: CG-48411 Being the legal description of the real estate covered by this certificate. The following -described parcels of real estate: A tract of land, situated, lying, and being in the Southwest Quarter of the Northeast Quarter (SW'/4NE'/4) of Section 32, Township 29 North, Range 21 West, P.M.,M., Flathead County, Montana, and more particularly described as follows: Beginning at the NW corner of Lot 6B, as shown on the Plat of Glacier Village Greens, Phase XI (records of Flathead County, Montana), to a point on the Easterly right-of-way of a 60 foot city street known as East Nicklaus Avenue; thence along said right-of-way North 04'32'00" East, a distance of 40.07 feet to a point; thence leaving said right-of-way South 85'28'00" East, a distance of 114.00 feet to a point; thence North 04'32'00" East, a distance of 342.00 feet to a point; thence North 13'25'31" East, a distance of 126.12 feet to a point; thence North 27'07'00" East, a distance of 247.20 feet to a point; thence North 6701'45" West, a distance of 117.23 feet to a point; thence North 50'50'00" West, a distance of 60.00 feet to a point; thence South 72'46'44" West, a distance of 99.73 feet to a point; thence North 89'02'30" West, a distance of 60.02 feet to a point; thence North 89'03'58" West, a distance of 114.11 feet to a point; thence North 03'09'51" East, a distance of 176.44 feet to a point; thence North 07'23' 16" West, a distance of 56.96 feet to a point; thence South 86'50'09" East, a distance of 124.43 feet to a point; thence North 74'56' 16" East, a distance of 63.17 feet to a point; thence South 03'09'51" West, a distance of 245.45 feet to a point; thence North 72'46'44" East, a distance of 99.73 feet to a point on the Westerly right-of-way of said East Nicklaus Avenue; thence along said right-of-way North 39'10'00" East, a distance of 12.16 feet to a point and the P. C. of a 70.00 foot radius curve, concave Northwesterly, having a central angle of 36'00'09"; thence along an arc length of 43.99 feet to a point; thence North 03'09'51" East, a distance of 159.73 feet to a point; thence South 63'00' 13" East, a distance of 65.59 feet to a point; thence South 78'08'34" East, a distance of 121.73 feet to a point; thence North 24'29'59" East, a distance of 39.04 feet to a point; thence North 19'57' 16" East, a distance of 51.97 feet to a point; thence South 68'57'46" East, a distance of 105.45 feet to the East bank of Whitefish River; thence along said East bank the following eight (8) courses: South 39'57'49" West, a distance of 81.56 feet to a point; thence South 04'08'50" East, a distance of 135.38 feet to a point; thence South 42'11' 11" East, a distance of 106.80 feet to a point; thence South 18'30'29" East, a distance of 143.37 feet to a point; thence South 12'44'04" East, a distance of 13 8.5 5 feet to a point; thence South 23'50'43" West, a distance of 171.23 feet to a point; thence South 35'50'56" West, a distance of 311.94 feet to a point; thence South 63'38'43" West, a distance of 112.33 feet to a point; thence leaving said East bank North 89'57'21" West, a distance of 58.13 feet to the thread of Whitefish River; thence along said thread North 02'21' 13" West, a distance of 4.37 feet; thence leaving said thread North 88'46'49" West, a distance of 167.75 feet to the Point of Beginning. To Be Known As: GLACIER VILLAGE GREENS, PHASE XXIIA Page 4 Certificate No.: 7208926-7652354 Replaces : 7208926-1408 Our File No.: CG-48411 Being all of the estates, interests, equities, lawful claims, or demands, defects, or objections whatsoever to title; and all easements, restrictions, liens, charges, taxes (general, special, or inheritance, or assessments of whatever nature), or encumbrances; and all other matters whatsoever affecting said premises, or the estate, right, title, or interest of the record owners, which now do exist of record. 1. Property taxes, including any assessments collected with the taxes, for the year 2008. 2. Reservations in Patents or the acts authorizing the issuance thereof. 3. Mineral rights, claims or title to minerals in or under said land, including but not limited to metals, oil, gas, coal, or other hydrocarbons, sand, gravel or stone, and easement or other rights relating thereto, whether express or implied, recorded or unrecorded. 4. Any claim arising from the difference in the mean low water of Whitefish River and the meander line as shown by the Government Survey. 5. The right of use, control, or regulation by the United States of America in exercise of power over navigation. 6. Rights of the State of Montana in and to that portion of the land, if any, lying in the bed or former bed of the Whitefish River, if it is navigable. 7. Right of the Public to use, for recreational and navigational purposes, any portion of said premises lying below or beyond the line of high-water of Whitefish River, or lying below or beyond any government meander line, together with the right to use portions of said premises lying above the high-water line to portage around any barriers. Terms and provisions contained in Agreement for waterworks system, recorded July 14, 1906 under Recorder's Fee #3491, in Book 54, page 635, and agreement conveying said waterworks system, recorded March 6, 1915 under Recorder's Fee #697, in Book 112, page 332, records of Flathead County, Montana. Notice of appropriation of water rights, recorded September 23, 1919 under Recorder's Fee #3353, in Book 129, page 170 and August 24, 1936 under Recorder's Fee #2621, in Book 221, page 297, records of Flathead County, Montana. 10. Easement for transmission line and related purposes granted to Northwestern Telephone Systems, Inc., by instrument recorded November 8, 1985 as Document #8531211540, records of Flathead County, Montana. 11. Certificate of Inclusion of Additional Territory into Flathead County Water District #1 - Evergreen, and rules and regulations adopted thereby, recorded March 26, 1986 as Document #8608513410, records of Flathead County, Montana. 12. Village County Sewer District Levy of Assessment filed September 2, 1988 as Document #8824609380, records of Flathead County, Montana. 13. Terms and provisions contained in Agreement regarding the development of Glacier Village Greens, recorded October 5, 1989 as Document #8927811250, records of Flathead County, Montana. Page 5 Certificate No.: 7208926-7652354 Replaces : 7208926-1408 Our File No.: CG-48411 14. Terms and provisions contained in Interlocal Agreement regarding Flathead County Water & Sewer District No. 1 - Evergreen, filed October 25, 1990 as Document #9029809200, records of Flathead County, Montana. 15. Terms and provisions contained in Interlocal Agreement regarding Sanitary Sewer for Evergreen Water and Sewer District, filed November 27, 1991 as Document #9133111370, records of Flathead County, Montana. 16. Easement for transmission line and related purposes granted to The Montana Power Company, recorded October 20, 2000 as Document #200029409030, records of Flathead County, Montana. 17. Terms and provisions contained in Resolution No. 4590 regarding annexation to the City of Kalispell, recorded November 2, 2001 as Document #200130609070, records of Flathead County, Montana. 18. Terms and provisions contained in Resolution No. 4761 regarding annexation to the City of Kalispell, Montana and zoning, recorded December 31, 2002 as Document #200236511500, records of Flathead County, Montana. 19. A 20 foot easement for the installation, operation, maintenance and repair of a public water pipeline granted in instrument recorded April 29, 2004 as Document #200412014340, records of Flathead County, Montana, and terms and provisions contained therein. 20. A permanent irrigation and access easement and right-of-way for ingress, egress, irrigation and utility purposes, granted in instrument recorded December 8, 2004 as Document #200434311540, records of Flathead County, Montana, and terms and provisions contained therein. 21. Five foot and Ten foot utility easement, and Sixty foot city streets, as shown on the unrecorded plat of Glacier Village Greens, Phase XXIIA. 22. Utility easement certificate and notes regarding roadway dedications, as shown on the unrecorded plat of Glacier Village Greens, Phase XXIIA. 23. No search has been made for water rights and unpatented mining claims, and liability thereon is excluded from coverage of this Certificate. AMAw�R'f RR FPvC i d 16 1 1AM IAA 3ADA3AE 3AF 3A J- ! 3AF,i� 14 13 TRL 12 tAC I g 10 11 12 14 13 8 �l 4 5 10 1AF 12 1i IAE \ f. 7 13 10 22 v AHo5LLDR 5 M16 ! 6 14 6 2 1 20 15 16 17 1 i ?+may C� 9 iAGBA 1 4 23 3ADH. 3AD 3ADE er 6 TH 71� 6 6 E 3 24 n 2 ERY . 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