The URL can be used to link to this page

4. Ordinance 1647 - Zoning - Wholly Surrounded Properties - 1st ReadingREPORT TO. Kalispell Mayor and City Council FROM: P.J. Sorensen., Planner II Jaynes H. Patrick, City Manager SUBJECT: Annexation of wholly surrounded Areas/ Initial Zoning MEETING DATE: October 5, 2008 BACKGROUND: The Kalispell City Planning Board met on September 9, 2008, to consider a proposal for initial zoning for six wholly surrounded areas. The six areas were previously considered by the City Council for annexation at the August 18, 2008, meeting. Resolution 5293 annexed the properties effective on December 15, 2008. P.J. Sorensen of the Kalispell Planning Department, presented staff report KA-08-06 evaluating the revisions and recommended approval of the proposal. No comments were received at the public hearing and no written comments were submitted prior to the meeting. A motion was made to approve the proposed zoning designations. The motion was approved on a 4-0 vote. The specific areas are listed below (the numbers used follow the numbering used by the Council when discussing all wholly surrounded areas). Area 2: Approximately .15 acres located at the corner of Highway 93 and Four Mile Drive (Tract 2XBA) . The ro osed zoning designation is P-1 (Public). Owner: Montana Dept. of Transportation Area 3: Approximately .3 acres located at the west end of Indian Trail (Tract 3CA and Tract 2DCA) . The proposed zoning desi ation is R-3 Urban Single Famil Residential , which snatches the surrounding properties. Owner: Flathead County Area 4: Approximately . 02 acres located in the northwest corner of Lot 1, Block 14, Northridge Heights 5 (Hilltop Avenue) . The proposed zoning--desi ation is R-3 Urban Single Family Residential , which matches the remainder of the lot. Owners: Craig and Charrnalee Drew Area 6: Approximately. 01 acres located south of Northridge Drive (Tract 2Z) . The proposed zon.in desi ation is R--3 LUrban Single Famil Residential , which matches the surrounding properties. Owner: Linda Cloutier Area 7: Approximately .04 acres located near the corner of Northridge Drive and Hilltop Avenue (Tract 2M). The proposed zonin desigLiation is R-3 Urban Sin le Family Residential, which matches the surrounding properties. owners: Chris and Marcie west .Area 10.- Approximately .33 acres in the Buffalo Hills Golf Course (Tract 5ACA) . The -proosed zoning designation is P--1 (Public), w1-� ich Thatches the remainder of the property. owner: Kalispell Golf .Association REC[]DA.TION: Staff recommends that the 'initial zoning for these properties upon annexation be as follows: Area 2: P-1 (Public) Area 3: R-3 (Urban Single Family Residential) Area 4: R-3 (Urban Single Family Residential) Area 6: R-3 (Urban Single Family Residential) Area 7: R-3 (Urban Single Family Residential) Area 10: P-1 (Public) FISCAL EFFECTS: Minor positive impacts are anticipated by bringing more consistency to the city boundaries and the application of zones within those boundaries. ALTERNATIVES: As suggested by the City Council. Respectfully submitted, A . P.J. Sorensen James H. Patrick Planner II City Manager Report compiled: September 26, 2008 c: Theresa white, Kalispell City Clerk OR.DINANCE NO.1647 AN ORDINANCE TO AMEND SECTION 27,02.010, OFFICIAL ZONING MAP, CITY OF KALISPELL ZONING ORDINANCE, (ORDINANCE NO. 1460)9 BY ZONING CERTAIN TRACTS OF LAND MORE PARTICULARLY DESCRIBED ON EXHIBIT ".A" IN ACCORDANCE WITH THE KALISPELL GROWTH POLICY 2020, AND TO PROVIDE AN EFFECTIVE DATE. WHEREAS, on August 18, 2008, the City of Kalispell passed Resolution 5293, which annexed certain wholly surrounded tracts of land, more particularly described on Exhibit "A", attached hereto and thereby made a part hereof, pursuant to the provisions of Title 7, Part 45 Montana Code Annotated (Annexation of wholly Surrounded Land); and WHEREAS, pursuant to and in accordance with the Kalispell zoning Ordinance, the tracts of land must now be zoned, and WHEREAS, initial zoning for the wholly surrounded tracts of land was the subject of a report compiled by the Kalispell Planning Department, Staff Report #KA-08-06, in which the Kalispell Planning Department recommended various zoning designations for the properties, and WHEREAS, the Kalispell City Planning Board held a Public Hearing on the matter on September 9, 2008, and recommended various zoning designations for the properties, and WHEREAS, after considering all the evidence submitted on the proposal to zone each property as described on Exhibit "A", the City Council finds such zoning to be consistent with the Kalispell Growth Policy 2020 and adopts, based upon the criterion set forth in Section 76-3-608, M.C.A., and State, Etc. v. Board of County Commissioners, Etc. 590 P2d 602, the findings of fact of KPD as set forth in Staff Report No. KAAW08-06. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IA.LISPELL, AS FOLLOWS: SECTION I. Section 27.02.010, of the Official zoning Map of the Kalispell zoning Ordinance, (Ordinance No. 1460) is hereby amended by zoning the properties as described on Exhibit "A''. SECTION II. The balance of Section 27.02.010, Official zoning Map, City of Kalispell Zoning ordinance not amended hereby shall remain in full force and effect. SECTION III. This Ordinance shall tale effect December 15, 2008. PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR 4F THE CITY OF RALISPELL, MONTANA, THIS 20TH DAY OF OCTOBER., 2008. ATTEST: Theresa White City Clerk Pamela B . Kennedy Mayor EXHIBIT "'A" " Southwest Corner of Pour Mile Drive and US 93 — Approximately .13 acres Owner — State of Montana Zoning Desi nation: Cit P-1 Public A tract of land located in Section 1, Township 28 North, Range 22 rest, Principal Meridian Montana, Flathead County, Montana and more particularly described as Tract 2XBA in Government Lot 1 with Assessor Number F004035 records of Flathead County, Montana. Highway 93 and Indian Trail Owner — Flathead County Zoning Designation: City R-3 Urban Single Famil Residential A tract of land located in Section 6, Township 28 North, Range 21 Nest, Principal Meridian, Montana, Flathead County, Montana Lot 3 & 4 and more particularly described as Tract 3 CA with Assessor Number B003000 records of Flathead County, Montana Also A tract of land located in Section 1, Township 28 North, Range 22 West, Principal Meridian, Montana, Flathead County, Montana Lot 1 and more particularly described as Tract 2DCA with Assessor Number F003000 records of Flathead County, Montana. Portion of Lot 1 Block 14 of Northridge Heights 5 — Approximately .01 acres Owner -- Craig & Charrnalee Drew Zoning Designation: City R.-3 (Urban Sin le Family Residential A tract of land located in Section 1, Township 28 North, Range 22 West, Principal Meridian, Montana, Flathead County, Montana and more particularly described as that Northwest Triangle Northridge Heights Section 5 of Amended Lot 1 in Block 14 with Assessor Number 0001072 records of Flathead County, Montana. Parcel Near Northridge Drive — Approximately .01 acres Owner -- Linda M. Cloutier Zoning Designation: City R-3 iUrban Sin le Farnil Residential A tract of land located in the Sw1/ NEI/ of Section 1, Township 28 North, Range 22 west, Principal Meridian, Fontana, Flathead County, Montana and more particularly described as Tract 2Z with Assessor Number 0974513 records of Flathead County, Montana. Parcel Near Northridge Drive and Hilltop Avenue — Approximately .03 acres Owner - Chris & Marcie west Zoning Designation: Cit R-3 Urban Sin le Family Residential A tract of land located in the Sw /NEr/4 of Section 1, Township 28 North., Range 22 west, Principal Meridian, Montana, Flathead County, Montana and more particularly described as Tract 2F with Assessor Number 0360736 records of Flathead County, Montana. Parcel Located in Buffalo Hills Golf Course Owner — Kalispell Golf Association Zoning Designation: City P-1 (Pubfic A tract of land located in Section d, Township 28 North, Range 21 west, Principal Meridian, Montana, Flathead County, Montana and more particularly described as Tract 5ACA in Lot 12 with Assessor Number 0428005 records of Flathead County, Montana. Planning apartment 201 1" Avenue East Kalispell NIT 59901 Phone: (406) 758--7940 Fax: (406) 758-7739 www.kalispeR.co lann n September 26, 2008 Jaynes H. Patrick, City Manager City of Kalispell P.O. Box 1997 Kalispell, MT 59903 Re: Wholly Surrounded Area Annexations/Initial Zoning Dear Jim: The Kalispell City Planning Board met on September 9, 2008, to consider a proposal for initial zoning for six parcels which were annexed by the City as wholly surrounded areas. P.J. Sorensen of the Kalispell Planning Department presented staff report KA.--08-06 evaluating the revisions and recommended approval of the proposal. No comments were received at the public hearing or in writing prior to the hearing. A motion was made and seconded to approve the proposed zoning designations. The notion passed on a 4--0 vote. Please schedule this matter for the October 6, 2008, regular Kalispell City Council meeting. You may contact this board or P.J. Sorensen at the Kalispell Planning Department if you have any questions regarding this matter. Sincerely, Kalispell City Planning Board Bryan H. Schutt President BS/PJS/ma Attachments: Staff report KA-08-06 and application materials Draft minutes 9/09/08 planning board meeting c w/ Att: Theresa White, Kalispell City Clerk CITY OF KALISPELL REQUEST FOR INITIAL ZONING UPON ANNEXATION wIHGLLY SURROUNDED AREAS K ALISPELL PLANNING DEPARTMENT STAFF REPORT #KA-08-06 SEPTEMBER 9, 2008 A report to the Kalispell City Planning Board and the Kalispell City Council regarding the initial zoning upon annexation to the city for six wholly surrounded areas. A public hearing has been scheduled before the planning board for September 9, 2008, be g 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 A recent self -audit by the GIS (computerized mapping) department with the county revealed that a number of properties (and small parts of properties) which were presumed to be within. the City of Kalispell were actually never formally annexed for various reasons. wholly surrounded properties can pose several service problems, particularly for eamergency/ 911 services. The City Council decided to begin annexation of these parcels as part of a general housekeeping effort to bring more consistency to the city boundaries. Resolution. 5293 was passed by the Council under, the provisions of Title 7, Part 45, Montana Code Annotated (Annexation of Wholly Surrounded Land) . R 1 The es o utian annexed properties p d the ra e s effectly I'" - .... ,.. Each of the property owners were directly contacted prior to the am a atlons. This report evaluates the appropriate assignment of City zoning classifications for the six properties in accordance with Section. 2 7.03.010 (4) of the Kalispell Zoning Ordinance A. Petitioner: City of Kalispell 201 1st Avenue Bast Kalispell, MT 59901 (406) 758--7940 B. Location and Legal Description of Properties/ Size / Property Owners/Proposed Zoning : The areas listed below are numbered according to a numbering system used by the City Council. A total of 22 areas have been identified for possible �Cl�" �"7A i f '!'' 4L*% r% Y �Q C4 7 �c7^ w7 4 7-% 4+ 7-i� �7 t+� ++ yr+ +r - I, , 1. 4f,Smme-KLa ion. L i i , #. �. vl i. a►.a. . % s�•u Mtn tttLL1 'iI u. CL L of pcLi cell VljlllclI do rlo L contain any structures and which have no issues related to provision of city services. Area 2: Approximately .15 acres located at the corner of Highway 93 and Four Mile Drive, snore particularly described as a tract of land located in Section 1, Township 28 North, Range 22 west, Principal Meridian Montana, Fathead County, Montana and more particularly described as Tract 2 BA in Government Lot 1 with Assessor Number E004095 records of Flathead County, Montana. The proposed zoning designation is P-1 Public . Owner: Montana Dept. of Transportation Area 3: Approximately .3 acres located at the crest end of Indian Trail, more particularly described as a tract of land located in Section 6, Township 28 North, Range 21 West, Principal Meridian, Montana, Flathead County, Montana Lot 3 & 4 and more particularly described as Tract 3CA with Assessor Number E003000 records of Flathead County, Montana, Also A tract of land located in Section. 1, Township 28 North, Range 22 vilest, Principal Meridian, Montana, Flathead County, Montana Lot I and more particularly described as Tract 2 DCA with .Assessor Number E003000 records of Flathead County, Montana. The pjposed zonina designation is R-3 Urban Sinvie FqML Residential , which matches the surrounding properties. Owner: Flathead County Area 4: Approximately .02 acres located in the northwest corner of Lot I. Block 147 Northridge Heights 5 (Hilltop Avenue), more particularly described as a tract of land located in Section I, Township 28 North, Range 22 West, Principal Mer*dian, Montana, Flathead County, Montana and more particularly described as that Northwest Triangle Northridge Heights Section 5 of Amended Lot 1 in Block 14 with Assessor Number 0001072 records of Flathead County, Montana. The proposed zonin.g desigllation is R--3 Urban Sinale Farnil Residential , which matches the remainder of the lot. Owners: Craig and Charmalee Drew Area 6: Approximately .01 acres located south of Northridge Drive, more particularly described as a tract of land located in the Si I/4NEI/4 of Section 1, Township 28 North, Range 22 west, Principal Meridian, Montana, Flathead County, Montana and more particularly described as Tract 2Z with Assessor Number 0974513 records of Flathead County, Montana. The proposed zonin designation is R-3 Urban Single Farms Residential , which matches the surrounding properties. Owner: Linda Cloutier Area 7: Approximately .04 acres located near the corner of Northridge Drive and Hilltop Avenue, more particularly described as a tract of land located in the S'"5] IANEV4 of Section 1, "Township 2$ North, Range 22 west, Principal Meridian, Montana, Flathead County, Montana and more particularly described. as Tract 2M with Assessor Number 0360736 records of Flathead County, Montana. The proposed zoningzom*ng designation is R.--3 Urban Sin le Farm*ly Residential , which matches the surrounding properties. Owners: Chris and Marcie west Area 10: Approximately .33 acres in the Buffalo hills Golf Course, more particularly described as a tract of land located in Section 6, Township 28 North, Range 21 West, Principal Meridian, Montana, Flathead County, Montana and more part?c,.�xa.r.ly deseri,vr-. a5 -rat C�� Tit 12 w' th Assessor Number 042$005 records of Flathead County, Montana. The proposed zoning desi ation. is P-1 (Public), which matches the remainder of the property. Owner: Kalispell Golf Association C. existing Land Use/General Land Use Character: None of the land annexed contains structures. Areas 2 and 3 are rights -of -way at intersections with Highway 93 North.. Areas 4 and 7 contain portions of yards for single-family residences. Area 6 is an 18 inch remnant strip resulting from a subdivision containing a retaining wall, and is effectively part of several residential yard. Area 10 is part of Buffalo Hills Golf Course. 2 D. Adjacent Land Uses and Zoning: Areas 3, 4, 6, and 7 are all primarily surrounded by R-3 (Urban Single Family Residential) zones (Area 3 is bordered on the south by an RA-3 zone; Area 4 is bordered on the west by an R--3 with a PUD overlay) . Area 10 is surrounded by a P-1 (Public) zone, with a small area of adjacent R-3 on the crest. Area 2, which is highway right-of-way, borders a P- I to the north, R-3 across the highway to the east, R-4 to the south, and an R-5 with a PUD overlay to the crest. E. Availability of Public Services and Extension of services: Public services, including water and severer are currently available to these sites. EVALUATION BASED 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 proposed zones match the portions of the lots which are already part of the city, and substantially match the surrounding properties as well. The zones are in compliance with the City of Kalispell Growth Policy. 2. Is the requested zone designed_ to lessen congestion in the streets? Since no new uses or structures are expected, there is no additional increase in the traffic in the area which will result from the proposed zoning of the properties. 3. will the requested zone secure safe from firePanic, and other dangers? Adequate access and public facilities are available to the sites in the case of an emergency. There are no features related to the properties 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 service, fire protection, and sewer are available to the properties. 4. will the requested zone promote the health acid eneral welfare? The requested zoning classifications will promote the health and general welfare by restricting land uses to those which would be compatible with the adjoining properties. 5. will the requested zone rov. de for ade uate light and air? Setback, height, and coverage standards for any development which may later occur on these sites are established in the Kalispell Zoning Ordinance to insure adequate light and air is provided. 3 M 7. 0 r A) 10. il. 12. Will the re nested zone prevent the overcrowding of land? Since public water and serer are available to the area, the land use designations are appropriate. The anticipated density generally falls within the given zoning designation. All public services and facilities will be available to serge these properties. An overcrowding of land would occur if infrastructure were inadequate to accommodate the development in the area. This is unlikely to occur. 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 if the properties are further developed. Will the -requested zone facilitate the adequate provision of trans ortation. water, sewerage, schools arks and other public requirements? All public services and facilities are currently available or can be provided to the properties. Development should be encouraged- in areas where these services are available. Does the requested zone 've consideration to the articular suitabili of the prgpelly for articular uses? The proposed zoning districts are consistent with the surrounding zoning and land uses in the area and gives due consideration of the suitability of these properties for the permitted uses in the district. Does the requested zone `ve reasonable consideration to the character of the district? The general character of the surrounding area around each property is reflected in the proposed zone, which closely matches the existing zoning of the adjoining properties. Will the proposed zone conserve the value of build in s? Value of the buildings in the area will be conserved because the zoning will promote compatible and like uses on this property as are found on other properties in the area. Will the re uested zone encoura e the most appropriate use of the land throu bout the munici all ? Urban scale residential development should be encouraged in areas were services and facilities are available. Public zoning is appropriate for right -of --ways 4 adjacent to other P--1 zones. The proposed zoning is consistent with the growth policy and surrounding zoning in the area. REDC]bUdENDATION. Staff recommends that the Kalispell City Planning Board and Zoning Commission adopt Staff Report #KA oS-06 as findings of fact and recommend to the Kalispell City Council that the initial zoning for these properties upon annexation be as follows: Area 2: P-1 (Public) Area 3: R-3 (Urban Single Family Residential) Area 4: R-3 (Urban Singe Family Residential) Area 6: R-3 (Urban Single Family Residential) Area 7: R-3 (Urban Single Family Residential) Area 10: P-1 (Public) Pis REPORTS j KA\ KA-08 --06 wholly Surrounded. doe 5 Return to: Kalispell City Clerk PO Box 1997 Kalispell, MT 59903 RESOLUTION NO.5293 A RESOLUTION TO PROVIDE FOR THE ALTERATION OF THE BOUNDARIES OF THE CITY OF KALISPELL BY INCLUDING THEREIN, AS AN ANNEXATION, CERTAIN TRACTS OF LAND, MORE PARTICULARLY DESCRIBED IN EXHIBIT "A.", AND_ DECLARING AN EFFECTIVE DATE. WHEREAS, on July 21, 2008, the City Council passed Resolution No. 5288 declaring an intention to annex wholly surrounded tracts of land, which are more particularly described in Exhibit "A", attached hereto and thereby made a part hereof, pursuant to the provisions of Title 7, Part 45 Montana Code Annotated (Annexation of wholly Surrounded Land); and WHEREAS, notice of the resolution of intent was provided pursuant to MCA 7-2--4312 by publishing such notice on July 28 and August 11, 2008, as provided in MCA 7-1- 4127; and WHEREAS, the City Clerk received, within the twenty -day comment period, and forwarded to the City Council for Council consideration, one (1) "Protest/Disapproval" letter regarding the ro osed�extension of the boundaries of said it ' g g P P City, and WHEREAS, on November 6th, 1995, the City Council adopted, pursuant to -Section 7-2-4305, MCA, an Extension of Services Plan which anticipates development of City services for approximately five years in the future, and WHEREAS, said "Extension of Services Plan" provides for financing the municipal services and maintenance of existing services by utilizing funds allocated and expended pursuant to the annual City budget without incurring additional bonded indebtedness, and WHEREAS, said real property described in Exhibit "A" is included within and conforms with the Kalispell Growth Policy 2020. Now, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of THE CITY OF KALIS PELL, AS FOLLOWS: SECTION I. That all of the real property as is more particularly described in Exhibit "A", attached hereto, shall be annexed to the City of Kalispell and the boundaries of the City are altered to so provide. 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 said territory and its citizens and property shall be to all debts, lags 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 pursuant to, and in accordance with, the Kalispell Zoning Ordinance. SECTION ITV'. This Resolution shall become effective December 15, 2008. PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF THE CITY OF KALISPELL THIS 1 STH DAY OF AUGUST, 200� Pamela B. Kennidy Mayor ATTEST: a Theresa white City Clerk IT "A" Southwest Corner of Pour Mile Drive and US 93 -- Approximately .13 acres Owner --- State of Montana A. tract of land located in Section 1, Township 28 North, Range 22 West, Principal Meridian Montana, Flathead County, Montana and more particularly described as Tract 2XBA in Government Lot 1 with Assessor Number E004095 records of Flathead County, Montana. Highway 93 and Indian Trail Owner — Flathead County A tract of land located in Section 6, Township 28 North, Range 21 West, Principal Meridian, Montana, Flathead County, Montana Lot 3 & 4 and more particularly described as Tract 3CA with Assessor Number E0O3000 records of Flathead County, Montana Also A tract of land located in Section 1, Townsh* 28 North, Range 22 West, Principal Meridian, Montana, Flathead County, Montana Lot 1 and more particularly described as Tract 2DCA with Assessor Number E0O3000 records of Flathead County, Montana. Portion of Lot I Block 14 of Northridge Heights 5 -- Approximately .01 acres Owner — Craig & Charmalee Drew A tract of land located in Section 11, Township 28 North, Range 22 West, Principal Meridian, Montana, Flathead County, Montana and more particularly described as that Northwest Triangle Northridge Heights Section 5 of Amended Lot 1 in Block 14 with Assessor Number 0001072, records of Flathead County, Montana. Parcel Near Northridge Drive -- Approximately .01 acres Owner — Linda M. Cloutier A tract of land located in the SWI/4NEI/4 of Section 1, Township 28 North, Range 22 West, Principal Meridian, Montana, Flathead County, Montana and more particularly described as Tract 2Z with Assessor Number 0974513 records of Flathead County, Montana. Parcel Near Northridge Drive and Hilltop Avenue -- Approximately .03 acres Owner - Chris & Marcie 'West A tract of land located in the SWI/4NEI/4 of Section 1, Township 28 North, Range 22 West, Principal Meridian, .Montana, Flathead County, Montana and more particularly described as Tract 2M with Assessor Number 0360736 records of Flathead County, Montana. Parcel Located in Buffalo Hills Golf Course Owner — Kalispell Golf Association A tract of land located in Section 6, Township 28 North, Range 21 West, Principal Meridian, Montana, Flathead County, Montana and more particularly described as Tract SACA in Lot 12 with Assessor Dumber 0428005 records of Flathead County, Montana. n 4-k 1 9 VICINITY MAP PAN VI EW D R | , ~�\ .` y\« ' SCALE 1 " loo, WHOLLY SURROUNDED ANNEXATION — AREA 2 APPROXIMATELY .15 OF AN ACRE LOCATED AT THE CORNER OF HIGHWAY 93 AND FOUR MILE DRIVE. PRO POZED ZONING IS P — 1 (PUBLIC) !,WHOLLY SURROUNDED ANNEXATION AREA 4 APPROXIMATELY .02 OF AN ACRE LOCATED IN THE NORTHWEST CORNER OF LOT 1, BLOCK 14, NORTHRIDGE HEIGHTS 5. PROPOSED ZONING IS R-3 (URBAN SINGLE FAMILY RESIDENTIAL) 6.......................... 4 13 51' C7�.l I az� 4 ......... ....... 2 4 8 7 6 7 as L 108 11 5 J 3 3 5 B - 4 3 i _� _ tom. �s• �-^ 3 fA•.r�.H yt, �� 2 sr 12 6 .77 i T:�. s-..:_y.3 s ,,, w:;;C3 �.. wi' �:9. p,� �r •~� Y.>�*;� .�� ``�� %s•r ' - ,a.t : a t -? 8 6 2 .............. 3 13 2 y "� � 'i`,�' ."c' ��i �Yx:" �,.g 7�.`�� '� t •�' re. F � i w r�� y �(+i i _xl.se.ti.'Y--'• :'feti�n:: � � �� z> TYC• ..rid+. q ! 2 2 •:.i Sc d `4 ..:.. .. :'[ •'haw:., �� r� a ,; .a. �. •�'�„_ vim# � ea �z'< 5 n 4 5 3 :•P. .. ■ .s. .tea ]. 12 -.9 "J 2 • r , Ate» 5 2 gx= ..".. ��, � ` �_.,,• l`"' ,. .wry 0 �. �:� '�"� -- •-. a 'waxy :x:. VICINITY MAC' SCALE 1" .== 150" WHOLLY SURROUNDED ANNEXATION --- AREA 6 APPROXIMATELY .OI OF AN ACRE LOCATED SOUTH OF NORTHRIDGE DRIB PROPOSED ZONING IS R-3 (URBAN SINGIAL-P FAMILY RESIDENTIAL WHOLLY SURROUNDED .ANNEXATION - AREA 7 APPROXIMATELY . 04 OF AN ACRE LOCATED NEAR THE CORNER OF NORTHRIDGE DRIVE & HILLTOP AVENUE. PROPOSED ZONING IS R-3 (URBAN SINGLE FAMILY RESIDENTIAL) a I op, Am- VICINITY MAP SCALE 1 150' WHOLLY SURROUNDED ANNEXATION -AREA 10 APPROXIMATELY .33 OF AN ACRE IN THE BUFFALO HILLS GOLF COURSE PROPOSED ZONING IS P-1 PUBLIC 1'rlanm*ng Department 241 V Avenue East Kalispel4 MT 59901 Phone: (405) 758-7940 Fax: (446) 758-7739 www.kafispell.conVplanning REPORT TG: Kalispell Mayor and City Council FROMO* Nicole C. Johnson, Planner II James H. Patrick, City Manager SUBJECT Final Plat for Timberwolf Center Phase lA :MEETING DATE: October 6, 2005 BACKGROUND. This is a request for final plat approval of Lot 1 of the Timberwolf Center (Phase 1 A) commercial subdivision.. The 7.9 acre lot will provide a location for the new Department of Natural Resources and Conservation (DNRC) /Department of Environmental Quality (DEQ) campus and is located along the east side of Stillwater Road just south of the new Forest Service building in Section 36. The property can be legally described as Lot 1 of the Timberwolf Center, Phase lA located in the Northwest �/4 of the Southwest �/4 and the Southwest 1/4 of the Northwest 1/4 of the Northwest -1/4 of Section 36, Township 29 North, Range 22 west, P.M.M., Flathead County, Montana. Preliminary plat approval for this subdivision was granted by the Kalispell City Council on March 17, 2005 subject to 25 conditions of approval. At this time, initial grading, foundation and utility work has been started, but no major site improvements have been,. completed. A Subdivision Improvement Agreement (SIA) has been submitted for the infrastructure required to serve the subdivision and a performance bond was provided in the amount of $425,000 (125% of the estimated cost) to guarantee the work is completed by September 2009. The SIA includes items such as the temporary 'T`--intersection for Timberwolf Parkway at Stillwater Road., Timberwolf Parkway, drainage, sidewalks, curbs, gutters, sewer, grater, and landscaping for the first phase of the subdivision. The bike path along Stillwater Road has also been included in the SIA. Two separate instruments - a Memorandum of Understanding (MOU) and a Memorandum of Agreement (MOA) -are being used to ensure the necessary upgrades to Stillwater Road are completed (including a future roundabout at the intersection of Stillwater/Timberwolf Parkway) and an existing well and water rights are transferred to the city. Additionally, a Special Improvement District (SID) will be created for the roundabout which commits the DNRC to pay for their half of the roundabout when the Starling subdivision located on the west side of Stillwater Road is ready to construct. The DNRC has waived their right to protest the implementation of a future Special Improvement District. -R—ECONEMENDATION: A motion to approve the final Phase 1A and to accept the Subdivision Improvement totaling $425,000 would be in order. FISCAL EFFECTS*. Positive impacts once developed. ALTERNATIVES: As suggested by the city council. Respectfully submitted'. Nicole C. Johns �i ' Planner II Report compiled: September 30, 2008 s plat for Timb erwolf Subdivision Agreement with the securities Jlmes H. Patrick City Manager Attachments: Letter of transmittal Final plat application and supporting documents 2 Return to: Theresa White Kalispell City Clerk 201 1" Avenue East Kalispell, MT 59901 APPENDIX E (1) SUBDIVISION IMPROVEMENT AGREEMENT —PHASE lA THIS AGREEMENT, made and entered into this day of , 20 , by and between the CITY COUNCIL, CITY OF KALISPELL, MONTANA, Party of the First Part and hereinafter referred to as the CITY, and State of Montana Dept. of Natural Resources and Conservation, (Name of Developer) a State Agency (Individual, Company or Corporation) located at 1625 Eleventh Avenue, (Street Address/P. O. Box) Helena Lewis & Clark Counly, Montana 59620-1601 (City, County, State, Zip) Party of the Second Part and hereinafter referred to as DEVELOPER. 1►■r►Yi►1x►.� 1-9 THAT WHEREAS, the Developer is the owner and developer of a new subdivision known as Timberwolf Center (Name of Subdivision) located at NW I14 Section 36, Township 29N Range 22W in the jurisdiction of the Spring Prairie PUD (Location of Subdivision) and, WHEREAS, the City has conditioned it's approval of the final plat of Timberwolf Center Phase IA, (Name of Subdivision) 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 public engineer included herewith as "Exhibit B"; and WHEREAS, the estimated total cost of construction of said improvements is the sum of $339,594.00. 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 $425,000.00. 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 $339,594.00 the estimated cost of completing the required improvements in Timberwolf Center Phase IA. (Name of Subdivision) 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 limited of credit stated in the letter; 2. That said required improvements shall be fully completed by September 30, 2009. 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 two (2) years 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 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 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 specifications, or within the required time limits, it may withdraw the collateral and employ such funds as may be necessary to construct the improvement or improvements in accordance with the specifications. The unused portions of the collateral shall be returned to the Developer or the crediting institution, as is appropriate. IN WITNESS WHEREOF, the Parties have hereunto set their hands and seals the day and year herein before written. State of Montana, Department of Natural Resources &Conservation (Name Subdivision/peveloper/Firm) by (Tide) STATV OF MONTANA CO TY OF :)!j Qa.4� On this 26+k day of M17 20��, before me, a Notary Public for the State of Montana, personally appeared ,known to me to be the I)cv,t �,.tol-VCl` � of t� e,whose name is subscribed to the foregoing instrument and acknowledged to me that he/she executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal this day and year first above written. / I ` F y�v` tory Publi e State of 4ontanax PF=_ted A 1 Residing at4EL.GN My Commission Expiresoi- MAYOR, CITY OF KALISPELL ATTEST: MAYOR CITY CLERK EXHIBIT A Conditions of approval as fixed to the preliminary plat by the City Council, Kalispell, Montana. EXHIBIT B This agreement specifically includes the following improvements, their projected construction completion date and estimated construction costs. CHECK CONSTRUCTION ESTIMATED PERCENTAGE APPROPRIATE COMPLETION CONSTRUCTION COMPLETE IMPROVEMENTS DATE COSTS Street Grading/Paving 9/30/09 $795277 Street Base 9/30/09 $29,780 Sidewalks 9/30/09 $115250 Curbs and Gutters 9/30/09 $11,920 Sanitary Sewers Mains 11/15/08 $22,500 Other On-Site;Sewage Facilities water Systems Mains 10/15/08 $905557 Other On -Site water Supply Water Storage Tanks Fire Hydrants 10/15/08 WOO Storm Sewer or. 9/30/09 $64,310 Drainage Facilities Street Signs 9/30/09 $600 Street Lighting 9/30/09 $17,400 Street Monuments Survey Monument Boxes Landscaping/Boulevard trees Other - SUBTOTAL $339 594 FEES $ 0 TOTALS COSTS $339,594 TOTAL COLLATERAL (TOTALS COSTS X 125%) $424,492 EXHIBIT A Conditions of approval as fixed to the preliminary plat by the City Council, Kalispell, Montana. EXHIBIT B This agreement specifically includes the following improvements, their projected construction completion date and estimated construction costs. CHECK CONSTRUCTION ESTIMATED PERCENTAGE APPROPRIATE COMPLETION CONSTRUCTION COMPLETE IMPROVEMENTS DATE COSTS Street G rading/Paving 9/30/09 $ 7 0, 810 Street Base 9/30/09 $271260 Sidewalks Curbs and Gutters Sanitary Sewers Mains Other } On -Site Sewage Facilities Water Systems Mains Other On -Site Water Supply Water Storage Tanks Fire Hydrants Storm Sewer or Drainage Facilities Street Signs Street Lighting Street Monuments Survey Monument Boxes Landscaping/Boulevard trees Other (Bike Path) 9130/09 9/30/09 11/15/08 10/15/08 10/15/08 9130/09 9/30/09 9130/09 4 9/30/09 $11,250 $11 1920 $22,500 $90,557 $121000 $645310 $600 $17,400 $107987 SUBTOTAL $339,594 FEES $ 0 TOTALS COSTS $339,594 TOTAL COLLATERAL (TOTALS COSTS X 125%) $424,492 COST ESTIMATE - TI VIBERWOLF CENTER PRASE 1A Offsite Infrastructure - Stillwater Road, Timberwolf Parkway, Water & Sewer Kalispell, Montana Auiust 16, 2008 ITEM DESCRIPTION QTY UNITS SEI ESTIMATE UNIT PRICE TOTAL ROADWAY IMPROVEMENTS Street Gradin avin (including bikepath) Earthwork (Including Topsoil Striping and Stockpiling) 7,600 CY $4.00 $30,400.00 Bituminous Surface Course 776 TON $32.00 $24,832.00 Bituminous Material 50.4 TON $400.00 $20,160.00 Prime Coat 5.7 TON $450.00 $21565.00 Tack Coat 1.6 TON $450.00 $720.00 Pavement Markings 400 SF $1.50 $600.00 Subtotal $799277.00 Sidewalks 4" Sidewalk w16" Underlying Base Course 1,770 SF $5.00 $8,850.00 ADA Truncated Domes 48 SF $50.00 $2,400.00 Subtotal $119250.00 Curb & Gutter Standard Curb and Gutter 745 LF $16.00 $11,920.00 Subtotal Street Base Sub -Base Course 785 CY $16.00 $12,560.00 Crushed Base Course 615 CY $28.00 $175220.00 Subtotal $299780.00 Storm Sewer 12" RCP (Class 5) 165 LF $40.00 $69600.00 24" RCP (Class 3) 720 LF $48.00 $349560.00 14" SDR 35 PVC Storm Drain Pie 25 LF $34.00 $850.00 30" Drop Inlet 3 EA $1,050.00 $3,150.00 48" Drop Inlet 3 EA $1,800.00 $55400.00 48" Storm Drain Manhole l EA $1,800.00 $1,800100 60" Storm Drain Manhole Rip Ea Class I Subtotal 4 10 EA CY $2,800.00 $75.00 $11,200.00 $750.00 $64,310.00 Street Siage a e SSiEs F. . . . . . . . . . . . . . . . . . . . . . 1 LS $600.00 $600.00 Street Lighting I" Conduit for Underground Electrical of Telephone 600 LF $2.25 $1,350.00 Trench for 6" 14"/ 1 " Conduit 600 LF $1.75 $11050.00 Luminaire and Pole wl Base 3 EA $5,000.00 $153000.00 SUBTOTAL Subtotal - ROADWAY IMPROVEMENTS $17,400.00 $214,537.00 WATER MAIN IMPROVEMENTS Water Mains 14" C900 PVC Waterline E. of Stillwater 12" C900 PVC Waterline 8" C900 PVC Waterline 932 545 475 LF LF LF $36.00 $33.00 $30.00 $33,552.00 $17,985.00 $141250.00 6" C900 PVC Waterline 145 LF $26.00 $31)770.00 14" Butterfly Gate Valve wl Box 5 EA $25250.00 $119250.00 12" Gate Valve wl Box 3 EA $1,750.00 $5,250.00 8" Gate Valve wl Box 3 EA $1,500.00 $4,500.00 Subtotal $909557.00 Fire H drants 6" Gate Valve wl Box 3 EA $1,250.00 $3,750.00 Fire Hydrant 3 EA S2,750.00 S81250.00 Subtotal $125000.00 SUBTOTAL - WATER MAIN IMPROVEMENTS $102,557.00 SANITARY SEWER MAIN Earthwork 8 ft Wide Access Road 100 CY $4.00 $400.00 8" SDR 35 PVC Sewer Line 620 LF $25.00 $155500.00 48" Sewer Manhole 2 EA $2,000.00 $43000.00 Connection to ExistingManhole 1 EA $800.00 $800.00 Crushed Base Course (8 ft Wide Access Road) 100 CY $18.00 $1,800.00 SUBTOTAL - SANITARY SEWER MAIN IMPROVEMENTS $22,500.00 SUBTOTAL - OFFSITE INFRASTRUCTURE $339,594.00 TOTAL COLLATERAL COST (125%) $424,492.50 BIKE PATH BREAKDOWN Earthwork (Including Topsoil Striping and Stockpiling) 120 CY $4.00 $480.00 Crushed Base Course 90 CY $28.00 $2,520.00 Bituminous Surface Course 126 TON $32.00 $4,032.00 Bituminous Material 8.2 TON $400.00 $3,280.00 Prime Coat 1.2 TON $450.00 $540.00 Tack Coat 0.3 TON $450.00 5.00 SUBTOTAL - BIKE PATH VALUE _$13 1 $10,987.00 Street Grading/Paving (excluding bike path) $70,810.00 Street Base (excluding bike path) $271260.00 STATE OF MONTANA DEPARTMENT OF ADMINISTRATION ORIGINALZ ARCMTECTURE AND ENGINEERING DIVISION ] 520 E Sixth Ave & P D Box 200103 w ffelena MT 59620-0103 bUND No. U12d /9U PERFORMANCE BOND — ROAD IMPR-OVE-M-ENTS8KNOW ALL MEN BY THESE PRESENTS, that we: Hammerquist Casalegno (Contractor), hereinafter called the Principal, and Berkley,,Re ional Insurance C m an (Surety), a corporation licensed -to do business as a surety under the laws of the State of Montana, hereinafter called Surety, are held and firmly, bound, the State. ot_ Montana. and: the- City of Kalispell as dual-.obligoes in the full and just sum of; Four Hundred and Twenty Five Thousand and NO Hundreds Dollars $425,000.00 nurnbers;=its: of p ha . DOLLARS (cost for roadway and utility -work associated with improvementsto Stiilwater,.Road and Tim berwolfy-Parkway only) as identified in tha con tract:enumerated-below -to- be paid to the State of Montana or the City of Kallspgil �or their assigns, to which payment we bind- ourselves), heirs, executors, administrators, succes'sons and assigns, Jointly;- severally, firmly by this bond. WHEREAS, the Principal has entered into a contract with the State of Montana, acting by and through its Director, Department of Administration dated o nd whereas it is one of the conditions of the award of the contract pursuant to statutes that this bond be executed for the improvements to Stillwater Road and Farmstead Parkway as identified in the contract enumerated below for the Project entitlod: Road and Ut i 1 ty Work -- Stillwater Road and Timberwol f ['Pl OJECT NAME] In connection with Kalispell DNRC/DEQ Co --Location [AGENCY NAME] AE Project # 27--38-01 [AIE PROJECT #] NOW, THEREFORE, the conditions of this obligation are such that if the above Principal as Contractor shall promptly'and faithfully perform all of the provisions of the contract, and all obligations thereunder including the specifications, and any alterations provided for, and shall in a manner satisfactory to the State of Montana, complete the work contracted for including any alterations, and shall save harmless the State of Montana from any expense incurred through the failure of the Contractor to complete the work as specified, then this obligation shall be void; otherwise it shall remain in full force and effect. The surety hereby waives notico of any extension of time and any alteratlp& do in tho termc, of the contract, anlcss the Verified by: Architecture & Engineering. Div. Department of Administration State of Montana oject cost to excee he r1 g1na7rac rn by more than 10, Contractor: - lsi iature) -ammerguist Casale no (print name) 7_.- z �date3' . Surety: Berkley Re i onal Insurance company (printname) (date) - By: (M rney-in-Fact, sea! & signature) r_ . s Heine ►�orn�e ir-=FaQ:L Agency} Payne Financial Grou-o v .— (Str6et Address) 145 West Front Street (AddMissoula, MT 59802 (Phone/Fax) 406 --5 3 2 —5911 /406-7 21-4241 3.1Share\Proiect_Fi1esi38- [kept. of... NR. 0\27,38-01�, Co -Locate Kalispell- DNRG-DEQ\273801-Form112_Performance F-Bond;Road Irnprovements.00F.0Riti 1.12 Last form revision 02-01=200%, _ Page;1'afi-1v+' DUAL OBLIGEE RIDER To be attached to and form a part of contract bond number issued by the Berkley Re ional insurance Com an on behalf of Hamm r uis ire the amount of Four Hundred Twenty Five Thousand Dollars and 001100 Dollars($ 425 000.00 } and dated July 17, 2008 1 in favor of State of Montana in consideration of the sum of One Dollar ($1.00), and other goad and valuable consideration receipt of which is hereby acknowledged, the Undersigned hereby agree as follows. 1. The City of Kalispell, Montana is hereby added to said bond as an additional obligee. 2. The Surety shall not be liable under this bond to the obligee, or either of theta unless the said Obligees, or either of theme., shall make payments to the principal strictly in accordance with the terms of the said contract as to payments, and shall perform all other obligations to be performed under said contract at the time and in the meaner therein set forth. 3. No suit, action or proceeding by reason of any default whatever shall be brought on this bond after two (2) years from the day onwhich the final payment under said construction contract falls due. 4. Aggregate liability of Surety hereunder to Obligees is limited to the penal sum above stated and Surety, upon making payment hcrcundcr, shall be subrogatcd to, and shall bo entitled to an, assignment of all nights of the payee With respect to the particular obligation discharged by the payment, either against principal or against any other party Iaabld to the payee on the discharged obligation. Signed, Scaled and Dated this 17th State of Montana �A City of Kalispell, Montana By y of Jul Hammerquist & Casalegno B Y I Berkley Regional Insurance Company By Ed Ili n e Attorney -in -Fact PRINTED IN U.S.A. No. 7806 POWER OF ATTORNEY BERKLEY REGIONAL INSURANCE COMPANY WILMINGTON, DELAWARE NOTICE: The warning found elsewhere in this Power of Attorney affects the validity thereof. Please review carefully. KNOW ALL MEN BY THESE PRESENTS, that BERKLEY REGIONAL INSURANCE COMPANY (the "Company"), a corporation. duly organized and existing under the laws of the State of Delaware, having its principal office in Greenwich, Connecticut, has made, constituted and appointed, and does by these presents make, constitute and appoint: Ed Heine, Derry Heine, George S. Seaton or Aimee N. Cavill of .Payne Financial Group, Inc. of Missoula, MT its true and lawful Attorney -in -Fact, to sign its name as surety only as delineated below and to execute, seal, acknowledge and deliver any and all bonds and undertakings, with the exception of Financial Guaranty Insurance, providing that no single obligation shall exceed Thirty Million and 00/100 Dollars ($30,000,000.00), to the same extent as if such bonds had been duly executed and acknowledged by the regularly elected officers of the Company at its principal office in their own proper persons. This Power of Attorney shall be construed and enforced in accordance with, and governed by, the laws of the State of Delaware, without giving effect to the principles of conflicts of laws thereof. This Power of Attorney is granted pursuant to the following resolutions which were duly and validly adopted at a meeting of the Board of Directors of the Company held on August 21, 2000: "RESOLVED, that the proper officers of the Company are hereby authorized to execute powers of attorney authorizing and qualifying the attorney -in -fact named therein to execute bonds, undertakings, recognizances, or other suretyship obligations on behalf of the Company, and to affix the corporate seal of the Company to powers of attorney executed pursuant hereto; and further RESOLVED, that such power of attorney limits the acts of those named therein to the bonds, undertakings, recognizances, or other suretyship obligations specifically named therein, and they have no authority to bind the Company except in the manner and to the extent therein stated; and further RESOLVED, that such power of attorney revokes all previous powers issued on behalf of the attorney -in -fact named; and further RESOLVED, that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any power of attorney or certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligation of the Company; and such signature and seal when so used shall have the same force and effect as though manually affixed. The Company may continue to use for the purposes herein stated the facsimile signature of any person or persons who shall have been such officer or officers of the Company, notwithstanding the fact that they may have ceased to be such at the time when such instruments shall be issued." IN WITNESS WHEREOF, the Company has caused these presents to be signed and attested by its appropriate officers and its corporate seal hereunto affixed this . day of �� :� , 2008. J Attest: Berkley Re al Insurance Company r r_.. ( • Sea By �, - ------ By - ---... Ira S. Lederman Robert P. Cole Senior Vice President & Secretary Senior Vice President WARNING: THIS POWER INVALID IF NOT PRINTED ON BLUE "BERKLEY" SECURITY PAPER. STATE OF CONNECTICUT ) ) ss: COUNTY OF FAIRFIELD ) Sworn to before me, a NotaryPublic in the State of Connecticut this _ � day of � �-��.�,� , boo$, by Robert P. Code and Ira S. Lederman who are sworn to me to be the Senior Vice President, and the Senior Vice President and Secretary, respectively, of Berkley Regional Insurance Comp. -any. NO TAR Y PUBLIC Notary Pt b 1[i, ;, . State of Connecticut MY CWM1SSlON EXPIRES JUKE A 2M2 CERTIFICATE 1, the undersigned, Assistant Secretary of BERKLEY REGIONAL INSURANTCE C OM A1,41Y, DO 11Ef{ BY CERTIFY that the foregoing is a true, correct and complete copy of the original Power of Attorney; that said )?Giver ci Attorney leas not been revoked or rescinded and that the authority of the Attorney -in -Fact set forth therein, who executed the bond or undertaking to which this Power of Attorney is attached, is in full force and effect as of this date. Given under my hand and seal of the Company, this_U day of w (Seal) _ � -11e,;.� John F. Be s