11. Final Plat - Appleway Business ParkREPORT TO.,
FROM:
SUBJECT
FETING DATE:
Cl*ty of Kalispell
Planning Department
16�� � .�� Smote 1 Kalispell, Montana 59901 - Ind
Kal s eR Mayor and City Council.
Thomas R. Je tz, Director
James H. Patrick, City Manager
Final Plat for Appleway Business Park
February 6, 200
Telephone-. (406) 751-1850
Fax: 6 75 l - l 85
W b : kalispellplanning.com
CKGROU :
` This is a. request for final plat approval of Appleway Business Park
that plats 6 commercial lots on approximately 1.47 acres. The site is located on the
south side of Appleway immediately merest of the South. Meridian. intersection. The
property can be described as Assessors Tract 14 in Section. 1.3, Tovmship 28 North,
Range 22 West, . M * M. , Flathead County, Montana.
The Kalispell City Council approved this subdivision subject to 12 conditions on July
1.8, 2005. All of the conditions .have been adequately met or otherwise adequately
addressed. Sidewalks along Appleway remain to be installed. A Subdivision
Improvements Agreement along with a. letter ofcredit in the amount of $11, ISO has
been submitted with this plat to address 1.25% of the cost of sidewalks. The
improvements are anticipated to be completed by December 31, 200
RECOMMENDATION: A motion to approve the final plat for Appleway Business Farb
Subdivision and to accept the Subdivision Improvements Agreement would be in
order.
FISCAL EFFEC s� Minor positive impacts once developed..
ALTERNATIVES: As suggested by the city council.
Respectfully submitted,
{
Thomas R. Jen.t
Director
Report rt compiled: January 27, 200
Uames H. Patrick
City Manager
Attachments: Letter of transmittal
Final plat apphcation and supporting documents
SUBDIVISION IMPROVEMENT AGREEMENT
HIS AGREEMENT, ENT, made and entered into this � day of 2006. by and between the
CITY COUNCIL City of Kalispell, Warty of the First Part and hereinafter referred. to as the C 'FYI, and
Damon Marquardt, Apple ay Business Farb, 2 85 1 st Avenue EN, Kalispell, Montana 5 9901, Warty of the
Second Part and hereinafter referred to as DEVELOPER.
WITNESSETH;
THAT W E aA S, the Developer is the owner and de-veloper of a new subdivision known as
Appleway Business Park Subdivision, located at Section 13, T 28N, R 22W, Flathead County Montana
WHEREAS, S, the City has conditioned its approval of the final plat of A ple ay .business Park
Subdivision upon the conditions as set forth in t.he Prelic inary Plat of the Subdivision being completed
and all improvements as cited in "Exhibit A" have not been completed at this time, and the Developer
isles to bond for the completion of those improvements set forth in "Exhibit A": and
WHEREAS, the °ity'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 a "Exhibit "; and
WHEREAS, S, the estimated total cost of construction of said improvements 1s the sum of
$,2o.00.
NOW, THEREFORE, ill consideration of the approval of the final plat of said division by
the City, the Developer hereby agrees as follows:
1, The Developer shall deposit as collateral with the City a Certificate ieate f :Deposit, in the amount
of 1 ;1 o,00. Said Certificate of Deposit has n expiration date of at least sixty days following the
date set for completion of the improvements, certifying the following:
a. That the creditor guarantees funds in the surer of S 1.1,1 . 00, 12 5 of the estimated cost
of completing the required improvements is in Appleway Business Park., und.l March 1, 2007.
`ubdiv sion Improver en..ts A reenient Applewa y Husine s Park S11 bdi vis io 11 Pagv I of 5
b. That if the Developer falls to complete the specified improvements within the required
period, the creditor will pay to the City immediately, and without further action, such funds as
are necessary to finance the completion of those improvements up to the limit of credit stated in
the letter.
. That said required improvements shall be fully completed by December 31, 2006.
In
That upon completion of the required improvements, , the Developer shall cause to be filed
with the City a statement certifying that.
a. ,All required improvements are complete;
b. That the improvements are in compliance with the minimum standards specified by the
City for their construction and that the Developer warrants said improvements against any and all
defects for a period of one 1 year from the date of acceptance of the completion of those
improvements by the City}
e, 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.
, 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.
jihd iv sion Improvemenis Agreement Appleway Business Park Su bdivision. Page 2 of 5
That if the City determines that any improvements are not constructed in comphance with the
spec tons, shall fumisb the Developer wAb a list of spel to deficiencies and mqv withhold
collateral sufficient to ensure such compliance. . If the City determines that the Developer r 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 sueh funds as may be necessary to construct the
improvement ent or improvements in accordance with the specifications. The unused portions of the
collateral shall be retumed to the Developer or the crediting institution, as is appropriate,
IN WITNESS WHEREOF, the Parties have here -unto set their hands and seals the day and year
herein before written.
.Iv .1 irdt, Developer - pplway Business Park.
(Title)
STATE OFIMONTAINIA
COUNTY OF
On this ')
�
}
dayof ��� 20 before hoary I for the
_
State Montana, personally appeared.
f
known to me to be the of = ¢; VU5
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.
� s'`x- xFx•w•
Notary Public or the State of
Residing at
s
� 96yYi
+�j �E+y' +�][y y'-`�F 1 �rj�
'�}JF Commission
} V 1 F. .i i 1 �f Y �-J i r Y
ti
J 111
MAYOR, CITY F KA ISPEL .{
No
Mayor
ATTEST -
By:
Finance Director
EXHIBIT A
Conditions f approval as fixed to the preliminary plat by the City Council, Kalispell, Montana.
EXHIBIT
This agreement specifically includes the following improvements, their projected constructiorl
completion date and estimated coTistruction costs.
IMPROVEMENTS
Sidewalks
CHECK CONSTRUCTION'
APPROPRIATE COMPLETION
BOX DXFE
TOTAL COLLATERAL (TOTAL COST x 125%)
12/31/2006
+ i tM LTE
C N S TRUC TON
COSTS
SUBTOTAL W920.
FEES
TOTAL COST W920.00
11J50-00
Subdivision linproveni-enis Agreemeni Appleway Business Park Subdivision Dare 5 of
-A GLAcIER
BANK
'O Box 27, Kalispell, MT 59903
(406) 758-4345 fax (406) 756-4204
January 27, 200
City of Kalispell
3 "Ave. E.
Kalispell., MT 59901
RE: Appleway Business Park
Irrevocable Letter of Credit No,1-06-276
Expiration Date: July 27, 200
Glacier Bank has established an Irrevocable Letter of Credit in your favor at the request
of and for the account of Appleway Business .dark, 9 3 5 E. Oregon. St., Kalispell, M
59 o , up to the aggregate amount of ELEVEN THOUSAND ONE HL�� RE IFFY
AN S DOLLARS $ 1 � 15 0. , for sldewal s along the A.e ray B usi. ess
Park Project.
If Appleway Business Park fails to complete the specified improvements along the
Appleway Project within the time period set forth in the attached Improvements
Agreement, , we will pay on demand your draft or drafts for such funds, to the limit of
credit set forth herein., as are required to complete said improvements. All drafts rust
indicate the number and date of this Letter of Credit and be accompanied by a signed
statement of an authofized official that the amount is drawn to install improvements not
installed in conformance ce with the Improvements Agreement and specifying the default or
defect in question.
Said funds are available by presentation of your sight drafts), which clearly specifies the
number of this Letter of Credit and shall be presented at the office of Glacier Bank, 202
Main Street, Kalispell, MT 59901. All drafts must be presented prior to the expiration
date stated above, and. this Letter of Credit must accompany thefinal draft for payment.
Draft(s) drawn in eonfonnily with the conditions of the credit will be honored by us if
presented at our office on or before July 2 , 2007.
C'=},f: }}.'.^.'r;wc r.Y S{{ti+✓}}{v;C.ti+�N ::'.': C:r{:<.+xxir-v'.f_\C}},N.6ti+}}{:}}.'C/.'}:-{rr;-.+:<ro'N.K{;C1},%,C}}};,C.'C'{r;+o+;ar;�r�,o-r�:riti�6sic{Y}},tifo- F{{{;%ri;%U;,C,f_{{_{;6.'✓}} }},f'::'+Sr} M{.'::'.w;;a.'4>':�=:xww�rox-ktiva)o-tiN,C,Nri<o'}�;{ ;3;.v},Y.ti6: },K;CriI. ;."}..".'.{,*,+,+,+S�v.Yr;r; w�oxrc}.r✓,N,Y.xro:tia',C.tiC,C}},C}s*;;=Y'}.:'CY.`.'.'.N.^'V".a:'�:�xraF-rc�},wco',C,%}Y,CriC,C},C}.Y6:T:S:*;f:,Cki'}y,;;,C,YT:d:::'rrv."::.'xa+;+;wxxxaa'Y �aax�+Un�tiaa',�Xrr3 btiNx;�;o:-t;;.{i'},!;v;,CY..+',C},C,N',C}.C�i',C,r+ff'.'�4':T:'Y.5}T-",CJ'J�C'
f si e: www.glacierbank.com email: glocier@glacierbank.com
MEMBER FDIC'' AN EQUAL OPPORTUNITY LENDER
City of Kalispell
January .ry 27, 2006
'age 2
Is letter may not be withdrawn or reduced in any amount prior to lts expiration date
except by Your draft or written release.
Unless otherwise expressly stated, this Letter of Credit is subject to the Montana Uniform
Commercial Code and. the Uniform Custom and Practice for the Documentary Credits
(1993 Revision).Wemational Chamber of Commerce Document No. 500.
Sincerely,
�r
Peter I Davis
Vice President
PJD/Ilw
Cite of Kalispell
Planning Department
17 - 2nd street East-, Suite 211 1 Kalispell, Montana 59901
Telephone: 406) 71151-185
Fax: 406 751-185
Webs ter kal spellplanning, om
January 30, 200
James H. Patrick, City Manager
City of Kalispell
P.O. Drawer 1997
Kalispell, MT 59903
Re* Final flat for Appleway Business Park
Dear Jim:
Our office has received an application from Marquardt & Marquardt Surveying,
c. for final Plat approval of Appleway Business Farb Subdivision that plats 6
commercial lots on approximately 1..47 acres. The site 1s located on the south
sld.e of Appleway immediately vest of the South Meridian Interseetlon. The
property can be described as Assessors Tract 14 In Section 13, Township 2
North, .range 22 West, P.M.M., Flathead County, Montana.
The Kalispell City Council approved this subdivision subject to 12 conditions
on July 18, 2005. All of the conditions have been adequately met or otherwise
adequately addressed. Sidewalks along Appleway remain to be installed.
Subdivision Improvements Agreement along with a letter of credit in the
amount of $11,150 has been submitted with this Plat to address 125 of the
cost of sidewalks. The improvements are anticipated to be completed by
December 31, 2006 with the letter of credit expiring on July 27, Zoo ,
The following is a list of the conditions of preliminary plat approval for this
subdivision and a discussion of how they have been reset or otherwise
addressed.
COMPLIANCE 'NTH CONDITIONS OF APPROVAL
Condition No 1. That the development of the site shall be in substantial
compliance with the application submitted, the site plan, covenants,
elevation drawings, materials and other specifications as approved by the
eit� council,(Kalisel sblivisiorr Regulations, Appendix- Final flat
• This condition has been met. The final plat is in compliance with the
preliminary plat that was submitted.
Condition No 2. That the plans and specifications for all public infrastructure
e designed and installed in accordance with the Kalispell Design and
Construction Standards and a letter shall be obtained stating that they
have been reviewed and approved by the Kalispell Public Works
Department. t. (Kalispell Subdivision Regulations, Chapter 3, Design
Standards, section 3.01).
The only public infrastructure associated with this project are sidewalks
which have been bonded for. At the time of sidewalk construction, the
Subdivision Improvements Agreement and associated bond will be used
to insure that the sidewalks a -re properly designed, installed and
inspected.
Condition No 3. The following requirements shall be met per to Kalispell
Fire Department. (Kalispell Subdivision Regulations, Section 3.20).
a# Water mains designed to provide minimum fire flows vs shall be installed
per City specifications at approved locations. Minimum fire flows shall
e in accordance with rr temat ona. Fire Code 2003 Appendix B.
. Fire hydrants shall be provided per City specifications at locations
approved by this department, pr or to combustible construction.
ction.
. Fire Department access shall be provided in accordance With
Inter a.tior a.l Fire Code 2003 Chapter 5.
d. it should be noted that hazardous weed abatement shall e provided in
accordance with City of Kalispell Ordinance o-.
e. Street naming shall be approved by the fire department.
These conditions have been adequately addressed per letter dated
January 27, 2006 from the Kalispell Fire Department. Adequate facilities
and access are currently a.va lable. However, as each individual lot is
developed, the Fire Department will review each site plan to determine if
additional, access, hydrants spacing or water supply issues need to be
addressed.
Condition No 4. That a sidewalk be constructed the public right of way
that continues es the newly constructed sidewalk to the vest. A plan for the
placement of the sidewalk and landscaping shall be coordinated with the
Kalispell Public Works Department and the Kalispell t asks and Recreation
Department.
This condition has been adequately addressed. Sidewalks are being
bonded per the attached Subdivision Improvements Agreement.
Condition No S. That a letter be obtained from the Kalispell parks and
Recreation Department stating that a landscape plan has been reviewed
and approved for the placement of trees and landscaping materials within
the .ght-of -war or as otherwise approved. (Kalispell Subdivision
Regulations, Section 3.11).
*This condition has been met per letter dated.. January 27, 2006 from the
Kalispell Parks Department. A cash in ffeuof landscaping payment
equivalent to the cost of landscaping has been given to the city by the
applicant to address the boulevard landscaping work.
Condition No 6. The developer shall provide a. letter from the U.S. postal
Service approving the plan for mail service. Kalispell Subdivision
Regulations, Section 3.22).
*This condition has been met per letter from Pennie Ulvfla, Carrier
Supervisor, U.S. post office.
Condition No 7. Street lighting shall be located within the subdivision and
shall be installed with a full cut -of lens and shielded so that it does not
intrude unnecessandy onto adjoining properties. (Kalispell Subdivision
Regulations Section 3.09(L)).
o No street lights were required with this development.
Condition No 8. All utilities shall be installed underground. (Kalispell
Subdivision Regulations, Section. 3.17).
*All utilities have been installed underground per site inspection..
Condition No 9. That a. note be placed on the face of the final plat that waives
protest to the creation of a special improvement district for the future
upgrade of roads in the area to city standards which may be impacted by
this development.
o This note has been placed on the face of the final plat.
Condition N .' hat a. minimum of two-thirds of the necessary
infrastructure for this subdivision shall be completed prior to final plat
submittal.
• 'his condition has been met. The bond for sidewalks constitutes only a
small fraction of the total development costs,
Condition No 11-All areas disturbed during development of the subdivision
shall be re -vegetated with a weed --free mix immediately after development.
• This condition will be met per the SIA when sidewalks are installed and per
the Kalispell Parks Department agreement to vegetate the boulevards.
Condition No 12. That preliminary plat approval shall be valid for a period o
three years from the date of approval. (Kalispell Subdivision Regulations,
Section 2.04).
eThis condition on has been met, the preliminary plat will expire on July 18,
Zoo.
COMPLIANCE WITH APPROVED PRELIMINARY PLAT
The final plat is in substantial compliance with the preliminary plat which was
reviewed and approved by the Kalispell City Council cil on duly 18, 2005.
COMPLIANCE WITH THE SI I MSI N 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 ce with the Kalispell Zoning
Ordinance and the -2 General Business zoning designation for the property
which governs the dimensional requirements of the lots within the subdivision
as well as the uses.
RECOMMENDATION:
t can be found that the conditions of preliminary plat approval have been met
or are otherwise adequately addressed. The staff would recommend that the
Kalispell City Council approve the final plat for App eway Business park
Subdivision. 'lease schedule this matter for the regular city council meeting of
February 6, 200,
Sincerely,
Thomas R. Jentz
Director
Attachments: Vicinity map
1 opaque Mylar of final plat
1 reproducible Mylar of final plat
1 copy of final plat
Letter from. Marquardt & Marquardt Surveying, roc.
Final plat application dated 1 2 o6
Ur from Montana DEQ dated / 10/ o5
Ur from USPS undated
Ur from Kalispell Fire Dept t dated 1 / 2 / o5
Ur from Kalispell Parks Dept dated 1 / 2 7 o6
Title report # G 157 - 53928 dated 12 / 13 o5
Consent to plat from glacier Bank dated / 3o / o5
Treasurers Certification dated 11/28/05
Subdivision improvements agreement dated 1 / 2 3 / o6 for
$1131150
Ur of Credit from Glacier Bank in the amount of $111150
dated 1 / 2 / 0
11 x 1 " Copy of plat
c: Marquardt & Marquardt Surveying, Inc., 285 Is' Ave. E.N., Kalispell, ACT
59901
Theresa White, Kalispell City Clerk
AVE, e E. 2z
"4 S ' ' f 8-
� - 40 --
January 25, Zoo
City of Kalispell Planning Department
17 Second St, East Suite 211
Kalispell, MT 59901
e: APPLEWAY BUSINESS :BARK, Sections 13, Township 28 :forth, Range 22 West,
P.M-, M., Flathead County, Montana.
Enclosed is the Final Plat application for Appleway Business Park. Prelimmary plat aprm---Fal
was grated on July 1. 8, 2005. The conditions of approval have been met as follows:
That the eve.lo n.ent of the s1te shall be .M. substantIcal coni.pliaiice
with the applicabon submItte , the s1te plan, covenants, elevation
.ra vi.r . s', maten'als and ot1l..e.r specificati-ons as appr ".'Cd �;� t01�e
city council. Kal .s el . Subdivision Regulations, A . enclix G
Final Plat).
The subdivision is in compliancewith the approved
r liminary plat.
. That the plans and s eel icatl.ons for all P'Liblic Infrastructure be
designed and installed in accordance with the Kalispell Design are.
Construction Standards and a letter shalt be obtained ed stating that
they have been reviewed. and approved by the Kalis ell .Pulic
Works Department. (Kalispell Subdivision Regulations, Chapter
Design Standards, Section 3.01.).
Frank Castles of the Kalispell Public Works Department stated
that plans for each lot would be submitted and approved on an
individual basis.
I The following requirements shall e met per the Kalispell. Fire
Department: (Kalispell Subdivision Regulations, Section3.20)
a. Water mains designed to provide minimum fire flows
shall be installed per City specifications at approved
locations. Minimum fire flows shall be In accordance
with International Fire Code 20 3 Appendix B.
. Fire hydrants shall e provided per City specifications
at locations approved by this department, prior to
combustible construction.
c. Fire Department access shall be provided i
accordance with. ln.temationa Fire Code 2003
Chapter 5.
d. 1t should be noted that the .hazardous weed abatement
shall be provided in accordance w1th City of Kalispell
Ordinance 10- .
e. Street naming shall be approved by the fire
department.
letter from the Kalispell Fire Department is enclosed. weed
abatement will be in accordance with Ordinance o-.
. That a sidewalk be constructed in the public right of way that
continues the newly constructed sidewalk to the west. A plan for
the placement of the side calk and landscapinghandscaping shall. be coordinated
with the Kalispell Public Works Department and the Kalispell
Parks and Recreation Department.
The Kalispell Public Works department t has determined that
sidewalks should be constructed after ev lop EeR=t of the
individual lots. A. Subdivision'tinprovement Agreenlent. for
s:id wal construction tion is enclosed.
5. That a letter be obtained from the Kalispcll Parks and Reereatton
Department stating that a landscape plan leas been re Iewed. and.
approved for the placement of trees and lay-idscapin m.atenals
within the right-of-way or as otherwise approved. (Kalispell.
Subdivision Regulations, Section .1.1
The K.a.lis el.l Parks and Recreation Department have
approved a landscaping plan. Payment for materials and
installation has been paid to the Kalispell Parks Department.'
. The developer shall provide a letter from the 1 .S.: ostal Service
approving the plan for mail service. (Kalispell Subdivision
Retires, Section .2.
A letter from the U.S. Postal Service is enclosed.
. Street lighting shall be located within the subdivision and shall b
installed with a fall cut -of -lens and shielded. so that It does no
intrude unnecessafily onto adjoining properties. (Kalispell
Subdivision Regulations, Section .09(L)).
There are no streets within the subdivision.
All utilities shall be installed underground, (Kalispell Subdivision.
Regulations, Section 3.17).
The utilities will be installed underground.
. That a note be placed on the face or the final plat that waves
protest to the creation of a special improvement district for the
future upgrade of roads in the area to city standards which may b
impacted by this development.
The note has been placed on the face of the final plat.
10. That a minimum of two-thirds of the necessary i . `rastni.cture for
th 1s sub divi sioshall be cor.. leted prior to .final plat subm 1 tta1.
All required improvements except the sidewalks have lee
completed.
All areas disturbed durinu development of the subdivisionshall. b
'e-vegetated 1 tb reed -: `ree � .1 .i�� -nied.i ate.l { after dcvelopnicnt.
All disturbed areas will be re -seeded with a weed -free mi .
1.2. l , a p i- c I i ni i n ar�I.t Lip .i+ sl'i be v a 1 l l .i:o il- A '2 1, 10
years from the date of approval. Kalls ell Subd v .swn
Regulatlons, Sectlon 2.04).
e plat s be a s l ltt�% vit � t al of ed �: �.����M �.� � �..�
: f oLi have any UestI please 1�� rio t hs1t'1.� c�A l OlAr
Sincerely,
Debbie Shoemaker
Marquardt & Marquardt Surveying, Inc.
August 10, 2005
Schwarz Architecture, & Engineering I .e
Mare Liechtl
100 t a cial .fir Suite #120
r t • � X� r: -1 -
9
aftspell 11VI I
Dear Mr Lieeti
E: A ay usm ss Park
Municipal Facilities Exclusion
Qo- 1 23
City of Kalispell
Flathead County
This is to ee ti. `y that the in fon-nation and fees recelve y the Department o f Environmental Quality relating to
this subdivision are in. compliance with .7 - - 2 , MCA and ARM 17.36.602. 'Under 7 --2 , MCA,
this subdivision is not subject to review, and the plat can be filed with the county clerk and recorder.
Flans and specifications must e submitted when extensions of municipalacuities for the supply of water or
disposal of sewage are proposed '7 - -1 (3), MC- . Construction of wrater or sewer extensions prior t
EQ., Public Water Supply Section's approval is prohibited., and is subject to penalty as prescn'bed in. Title 75,
Chapter 6 and Title 76, Chapter 4.
RECEVV',U AUG 1210
cc: City Engineer
County Sa .i.taria
file
afo reem en t Division - Permitting & Comp)ianc Division - flaaniag, Prevenhon & Assista 9 ce ]division • R em ed iatji)a 1)ivi i(( n
49UNITEDSTATES
PIOSTALSERVICE
KALISPELL, MT- 59901-9998
The mailbox turnout must be a minimum of 30 feet long plus an additional four feet:
for each CU and parcel looker required. The tumout is to be at least 1O.feet wide
so that the maid rd s vehicle or customeCs vehicle will be completely 6ff the
roadway while stopped at the mailboxes. This ten foot width will be a.flat legal
surface, The tumout, combined -with the developed road surface, will provide an
area wide enough for the mail carrier to completely turn around without having to
back least 70 feet total width.) CU's are to be installed at the mid point o
the turnout.
If you have any questions regarding this mafter, you may contact me at 755-6450.
Sincerely,
Fannie Ulvila
Carrier Supervisor
Enclosure
KALISPELL FIRE DEPARTMENT
Randy BrodeW - Fire Chief
Brent L Chfistopherson - Assistants Chieffrevention
Dan Diehl — assistant Chief/Operation
TO: TOM JENTZ, PLAITING DIRECTOR
312 First avenue East
Kalispell, Montana 59901
758-7760
FAX:738-7952
FROM; BRENT L. CHRISTOPHERSON, ASSISTANT CHIEF/PREVENTION
}
DATE: JANUARY 19,2006
SUBJECT: APPLEWAY BUSINESS PARK FINAL PLAT APPROVAL
We have the following comments on the above project:
w Water mains designed to provide minimum fire flows are installed on Appleway
north of the project. As the business park is developed, additional eater mains
may be required to achieve minimum fire flows in accordance with International
Fire Code 3 Appendix B.
2. Fire hydrants are provided on Aleray north of the project. As the business
park is developed, additional hydrants may be required. In the event additional
hydrants are required, they will be installed at locations approved y this
department, and prior to combustible construction.
3. Fire Department access is currently adequate, but is subject to review and
comment as the business park develops.
Please contact me It you have any questions. I can be reached at 58-7763.
c.c. Jeff Clawson, Commercial Plans Reviewer
"Assisting our community in reducing, preventing, and mitigating emergencies..„
City of Kalispell
....... ...... . .............. ..
Post Office Box 1997 - Kalispell, Montana 5 90 -1.997 .. Telephone 0 75 -7700 Fax (406)758-7758
January 27, 2006
Marquardt & Marquardt Surveying
Attu: Dawn Marquardt
285 Ave EN
Kalispell, MT 59901
ppl w y Business Park — Landscaping Boulevard
Dear Dawn,
This letter is to serve as approval of the Appleway Business park landscaping plan
submitted in conjunction with a check in the amount of $4,564.30, which will cover the
cost of the improvements as outlined.
As previously discussed the monies deposited with the city will cover the cost of
planting of 10 trees, boulevard prep, topsoil and seeding and will be the responsibility of
the city. These improvements will take place in the future as the subdivision progresses
and when appropriate with the development schedule.
It was a pleasure to work with you on the Appleway Business Park landscaping plan
requirements. Again, thank you for your continued attention to detail when developing
projects, if you have any concerns or questions please give nee a call.
Sin erely,
F
Michael Bake , irectQr
cc: Tom Jentz, Kalispe tanning
P.J. Sorensen
Rick Wills, Finance Department
Mark Crowley, Pubic Works
CONSENT TO A.T.NN;G
Pursuant to Section 76-3- 12, MCA, the undersigned, GLACIER BANK, Beneficiary a
recorded May 2,2005, Instrument No. 20 - 12-1 o and May ; , 2oo5 Instrument No. 2005- 22-
133 6 o, Flathead. County, Montana, hereby consent to platting and dedication. o f land included in the
plat of AP,EWAY .BUSINESS PARK.
IN WITNESS WHEo, said parties have caused tier names to be sseed thereto, o
t.s day o - .. .
Glacier/Bank
F
..................................._..._...._..._......_.........-----
Title:
STATE of M N Al A
SS.
County of Flathead
This instrument was acknowledged before o ` � ,
=... , of Glacier Bank.
. T
Notary Public for h State of CY)cl�
Ri cy at `.
My Commi.ssio expires � n
Flat Room
Flathead County, Montana
800 S. Main St.
Kalispell,, MT S9901
(406)758-5510
This Form is for Subdivisions & Condominiums Only
BY: MARQUARDT SURVEYING -�& a a
"Poo,
FOR; MARD/ PRR LLC DATE: 103f 0
I ESC # APPLEWAY BUSINESS PAR PURPOSE: PLAT
M Y - q
YEARS ASSESSOR
2000 T14R(J850
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WA 1LYn.. -J4"t
hereby certify that there are no outstandingtaxes on the propel
assigned the assessor numbers listed above, for the years indicated for
each assessor rmrh
}
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6
Deputy. . r.ea �r
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Subdivision Plat of
APPLEWAY BUSINESS
NE 1/4 of the NE 114, Section 93, T28N R22W, P
Flathead County, Montana
APPLMAY DmVI= - 60' Pt, BLIC ROAD
�;£
EASIS C 5 R;NG� PEF eo Ok � O. f Awl= 454
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rr I
a V NATirR L GAS
NB91A'OO"�tJ89`1�'
MOD' 20"40'
7O.00#' 20.04'
SHARED ACCESS
2"Gp"
z0.ti'
L3TlL Y EASEMENT
LOT I
0.17 Ac. (tr.)
2
'
0.16 Ac. ( (?#)LOT
FNATURAL GAS
{wr
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K'F
LOT
0, 19 ACC f etF
�D' Rr4t�,l{
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+}per
0,23JC.Cst . v
LO i
0.
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7 L1
1 Ac. (Net)
€�. (Gr.) �
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b
LOT
JAc.
0. 4 Ac f ei) fti 1�
4
� } i v
7F
L'
0.28 Ac, (Gig.)
0
LOT 6
U7 Ac, (Net)
x.
0.34 AC, (Gr.)
� 5' NATURAL GSA$
ttW E.ASFWNT
19 �--�4If3' ORAINAGE
EASEMENT
LEGEND
a MUND 3I8" kEDAR (NO CAS'
0 SET 5/8` $Y 24" REBAR WtTH P1:-ASTIC CAP MARKED "MARQUARCET 73205"
& PH`E K-AI_ ADORM - AFT LE [r.A`4' r�RtVl�
N
30'
m 4
Note.
Wzivtr of Pfvfits:
F�irfidW:on "n 5{e.ipl 5rr rov frient isa£,Gt
QAWN' MAAQ1 A-r. 7T 6, GPRR. LLC waive any and afl Tight to protest:
have in rggards to .1y Fa'#erngl to be made try the City cf KalispOL to Fnitiate ;
rrr'��ro�gfr-�=,°�is�rs-r ap;sd��g.4��l�xuay �riv�, �nrrt�i�-.,g, rtre h'rxt��i�llr�� ��
5Wew�k;ki, t]Qu-eva.<j #arwj5c'a'}ing and any future widenGrog Of r om--ruct oa) {�
DHV�" FroviZ !bat OA N MARQUARDT & 1: RPRR, LLC unders:Z?d
retain the Ability tc r)bj4�ct to the amour;t at assessrr+prtf irrsposed as d r2sufS Of
a RL9r$i SpecJat tM�FQVernenj I)iFt r t• DAWN MAtkQVAPOT&C,RRk, LTC ag
C.ovenam shag] run 1.), vatt#i grid be tsin i g cm the titte or the rent pra{mrty ate:
shat-1 �,e bindFng ba • :M heirs, assigns. P;xr ssors in interest, �wchaftn-s. and an-4.
s s errs holdef4 F av,s : F ai ohs rear r rty c .rn e€s #hp sUwivtsiot� p
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$
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t SDIC A
VICINITY MAP SCALE 1 300
DAWN MARQUARDT/GPRR,
PRELIMINARY PLAT APPLEWAY BUSINESS PARK
A 6 LOT COMMERCIAL SUBDIVISION ON 1.82 ACRES
IB
IN THE PROPOSED B-2 (GENERAL BUSINESS) DISTRICT
FILED CONCURRENTLY WITH AN .ANNEXATION & INITIAL
ZONING
PLOT DATE5/12/05
Project /Subdivision Name:
Contact Verson:
Name: r
Address: E
Phone No.:
Date of Preliminary Plat Approval:
Type of Subdivision: Residential
Total Number of Lots in Subdivision
Lard in Project (acres) � +
Parkland (acres)
No. of Lots by Type:
Single Family
pity of Kalispell
Panning Department
17-2 iid Street East, Suite 2.11, Kalispell, Montana 59901
Telephone. 751-1850
FINAL PLAT APPLICATION
Industrial
W
Cash -in -Lieu
Townhouse
Duplex Apartment
Commercial �_ Industrial
Condominium Multi -Family
Owner Mailing ass:
Commercial PUUOther
Exempt Y
Mobile Home Park
Recreational Vehicle park
Planned Unit l pme
Other
Legal Description of the Property4
.AILING FEE ATTACHED $ C) t
Minor Subdivision with approved preliminary play $400 + $100/lot
'Major Subdivision with approved preliminary plat $650 + $100/10t
Subdivisions with Waiver of Preliminary Plat $600 + $100/lot
,S� Subdivision. Improvements Agreement $ 50
I
Attached
Not Applicable {MUST CHECK ENE]
� _
Health Department Certification (Original)
Title Report (Original, not more than 90 days old)
Tax Certification (Property taxes must be paid)
��_
Consent(s) to Plat (Originals and notarized)
Subdivision Improvements Agreement (Attach collateral)
� Parkland Cash -in -Lieu (Cheek attached)
+� Maintenance Agreement
t/
Plats: 1 opaque OR 2 mylars
1 mylar copy 1 signed blueline
4 blueiines 4 bluelines, unsigned
11X17 Copy 11X17 Copy
"The .flat rust be signed by all owners of record, the surveyor and the examining lard surveyor.
Attach i letter, which lists each. condition of preliminary plat approval, and individually state how
each condition has specifically been reset. In cases where documentation is required, such as a
engineer's certification, State Department of Health certification, etc., original letters shall be
submitted. Blanket statements stating, for example, `gall improvements are in places" are not
acceptable.
A complete final plat application must be submitted mitted no less than o 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. Charges to the approved preliminary plat may necessitate reconsideration by the
planning board.
I certify that all information submitted is true, accurate and complete. l 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 Counter Clerk & Recorder requests that all Subdivision
flinal pat a Ali at, o s be accompanied with a. digital copy.
z
t
0 wvn r` § S i gna�tu e Date
digital copy of the final plat in a Drawing Interchange .ange File (DX format or an AutoCAD file
format, consisting of the following layers:
.. Exterior boundary of subdivision
2. Lot or park boundaries
3. Easements
-. Roads or rights -of -way
. A tie to either an existing subdivision corner or a corer of the public lard survey system
2
GUARANTEE - (CLTA Fora) Rev.6/6/92
W
` W
GUARANTEE
SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE LIMITS OF LIABILITY AND OTHER
PROVISIONS OF THE CONDITIONS AND STIPULATIONS HERETO ANNEXED AND MADE A PAIN OF
THIS GUARANTEE, AND SUBJECT TO THE FURTHER EXCLUSION AND LIMITATION THAT N
GUARANTEE IS GIVEN NOR LIABILITY ASSUMED WITH RESPECT TO THE IDENTITY ANY PARTY
NAMED OR REFERRED TO IN SCHEDULE WITH RESPECT TO THE VALIDITY, LEGAL EFFECT
OR PRIORITY OF ANY MATTER SHOWN THEREIN,
�stewart
--►title guaranty company
a corporation, herein caned the Company,
GUARANTEES
the Assured named in Schedule A against actual monetary loss or damage not exceeding the liability amount
stated in Schedule A which the Assured shall sustain by reason of any incorrectness in the assurances set forth
in Schedule A.
Dated:
� airman o t oard
o t r i n d b{
th rE�zed n o
W g�9Company
President C
Please note carefully the liability exclusions and limitations and the specific assurances afforded by this guarantee. If you wish additional
liabif ty, or ss nc s other €Bari a contained herein, pt a contact the for further information a to the avadablifity and cost,
_ .,. _ kY ,wvY v v53928
Y v ..Y ,Y....--.--.----.------------------ -_.v-NN,v.k.NNY -
- Pa of wv x
.... . .......................
G 578
Serial No.
u.
... ...N.w :-
a......................... . .................................. . . . . ............
In writin t o ( r)nv r)1PA';R Address. it at P.O. Box 2029. Houston, Texas 77252, and refer to the printed Serial Number,
SUBDIVISION GUARANTEE
Order No. S K- 102471 Guarantee No. G-1578-53928
Date of Guarantee: December er 13, 2005 Liability: $1000.00
A. ASSURED* Marquardt & Marquardt Surveying
B. ASSURANCES.
1 Description of the land:
That portion of the Northeast Quarter of the Northeast Quarter N I I E I o
Section 13, Township 28 North, Range 22 West, P. I.M., Flathead County,
Montana, shown in Book 510, Page 454, descn'bed as follows:
B eginning at the Northeast corner of that parcel shown in Book 5 10, Page 45 4�
thence
South oo° l ' "1 west 99.27 feet to the northerly line of the Burlington Northern
Railroad Right of Way; thence along the northerly line of the Burlington Northern
Railroad Right of Way
South ' ° ' " West 441.82 feet; thence
North ° ' " East 201.21 feet to the South line of Appleway Drive; thence
along the south line of Appleway Drive
North °o ' " East 426.63 feet to the Point of Beginning.
2) Name of ProposedSubdivision Plat:
The above -described tract of land is to be known and designated as the
Appleway Business Park
3) That only the hereafter named parties appear to have an interest
showing in the public records affecting the land necessitating their
execution of the named proposed plat or map, as follows:
GPRR.,LLC
C. EXCEPTIONS:
General county taxes for the year 2 005, whis are now a lien but not yet
computed or payable.
2) Location of Burlington Northern Man'on Branch railroad fight -of -way along the
southerly boundary as described in Deed recorded ►.I .r 17, 1891 in Book 353,
Page 48 1,.records of FlatheadCounty, Montana.
a.
3) Boundary Line Agreement between Hagerman, Robinson and Duval
Recorded: October 4, 1972
Book/Page: 543/279
4) Easements, reservations, restrictions notes and dedleati.ons, as shown on Deed
Exhibit recorded in Book 510, Page 454, records of Flathead County, Montana.
5 Easements, reservations, resections notes and dedications', as shown on the
Certificate of Survey No. 16670, records of Flathead County, Montana,
6) Easements, reservations, restrictions rotes and dedications, as shown on the
-unrecorded plat of Appleway Business Park.
*7 Resolution No.
Recorded:
Instrument ent No:
502 vexation
July 22, 200
20-03-00
8 Petition to .annex and Notice of Withdrawal from Rural Fire I ist t
Recorded: July 22, 200
Instrument No: 2 5-2 -'
9) Deed of Trust
Grantor:
GPRR, LLC and Dawn Marquardt
Trustee-,
Stewart Title of Kalispell
Beneficiary:
Glacier Ban.
Amount:
$ I 313 .0
Recorded:
May 2, 200
Instrument No:
Zoo - 2 - 33 0
10) Deed of Trust
Grantor:
GPRR, ITC and Dawn Marquardt
Trustee:
Stewart Title of Kalispell
Beneficiary-
Glacier .nark
Amount:
$238,894.00
Recorded:
May 2, 2005
Instrument To:
2005- 12- 13 3
i County and/or City road rights -of -way not recorded and indexed as a conveyance
of record in the office of the Clerk and Recorder pursuant to Title 70, Chapter 2 1,
M.C.A., including, but not limited to any right of the public to use and occupy
those certain roads and trails as depicted on County Surveyor's naps on file in the
office of the Flathead County Clerk & Recorder's Office.
2 Exceptions and reservations contained in Patents of record.
3 Any off record facts, encumbrances, easements or possessory claims a survey or
inspection .o would disclose.
14) No examination made herein for State U.C.C.'s and/or Federal Bankruptcy's, and
coverage is excluded herein,
1 fights of the United States of Ar erica. to recover any public funds advanced
under the previsions of the Hill -Burton Act or various Federal statues relating to
health.
16) Survey/Plat, when recorded, must be in compliance with the provisions of the
Montana Subdivision and. Flatting Act, 1973 (Sections 7 6.3- 10 1 M.C.A.) and the
Regulations adopted. pursuant thereto.
17 No search has been made for water rights or un at.ented mining claims and
liability thereon is -exee ted from the Certificate.
18) The above described property i s located W1thin and subject to the j un'sdiction of
the Kalispell Fire . isffiet.
THE END
i
a
MEAD COUNTY AND IS NOT NECESSARLY AN ACCURATE
-CORD; THEIR BOUNDARIES R EASEMENTS AND ROADWAYS.
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APPLEWAY DRIVE - 60' PUBLIC ROAD
N89'14'00'E
BASIS OF B RINGS PER BOOK 510, WAGE 454
426,63'
.
56.58' 2JC{`� 50.01'
7F.5S`
50.0120,00'/ �0'
7
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SHARED ACCESS �
n
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UTILITY EASEMENT---i. — .
N89'14'003.E�
m
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20.00'
20, 00, 20.00'
20,00'
20,00'
SHARE] ACCESS &
UTILITY��N
EASEMENT
SHARED ACCESS &
f1t1 CTY EASEME`Ni_'
LOT 1
in 0.17 Ac. (Gr,)
-,—
LOT
0. 16 Ac. (Net}
b
0,20 Ac. (Gr.)
LOT
0.19 Ac, (Net)
.
QLOT
0.23 Ac. (6r.) M
EASEMENT E
�
Ln
,y
0.25 Ac. (Gr.) 01T Ac. (Net) �
r.�
44) '
`�.
.CST 5
�
(j �[ {
0.24 Ac. Net Sq
�
0.29 Ac. (Gr.)
�4 _--
[ L �.MI T�y�
I} LOT
0.27 Ac. (Net)
S � —� r7
4•
i
W
0.34 Ac. (Gr.)
0.33 Ac. (Net)
fO' 10' DRAfNACE
EASEMENT
P D 1A 0
1G
LL
11�5�i�p+o