4. Final Plat - Ashley Park Phase 8REPORT
FRAC
SUBJECT
MEETING DATE:
City of Kalispell
Planning Department
2ndStred East suite 211, Ka� ell, Montam 59901
Telephone: o6) 751-1850
Fax-,751-1858
Wi: k.ielni.co
Kalispell Mayor and City Council
Thomas R. e t , Director
James H. Patrick, City Manager
Final Plat for Ashley Park Subdivision. Phase
February 21, Zoo
BACKGROUND: This is a request for final plat approval of Ashler Park Phase Vrll,
a 46 lot residential subdivision r th 26 single-family lots and 20 townhouse lots on
approximately 10.81 acres located on the west side of Airport Road on the merest end of
Merganser Drive. Pre im ar plat approval for this subdivision was granted by the
Board of County Commissioners on May 10, 1994 as are eight -phase development.
t.
Seven phases have previously been developed and final platted. The entire site has
also been previously annexed to the city.
One of the terms of preliminary plat approval is that as each phase is final platted, the
next phase is granted an automatic two-year extension of the preliminary plat
approval. Phase VII received fma . plat approval on July 6, 2004 thus this phase is
well within the time frame for submittal.
Approximately o percent of the improvements have been completed which includes
the water, surer, storm water drainage and street sub base work. It should be noted
that a Subdivision Improvements ents Agreement t has been submitted with the final plat to
address the completion of the remaining improvements. A letter of credit in the
amount of $380, 11 .2 is attached which addresses 125 percent of the remaining
work to be completed. In addition, cash -in -lieu of parldand checks in the amounts o
$17,896 $833 have also been submitted as part of this application.
REChMMNDATION: A motion to accept the Subdivision Improvements Agreement
and approve the final plat for Ashley Park Subdivision Phase 8 would be in order.
FISCAL EFFECTS: Potential minor positive impacts once developed,
ALTERNATIVES: .s suggested by the City Council.
Final Plat for Ashley Park subdivision Phase
January 30, 2006
Page
Respectfully subrnitted,
Thomas R. Jentz, AIC James H. Patrick
Director City Manager
Report compiled: February 10, 200
Attachments: Letter of transr. al
Final plat apphcation and supporting documents
Return to:
Theresa White
Kalispell City Clerk
P.O. Box 1997
Kalispell, MT 5 903
SUBDWISION IMPROVEMIENT AGREEMENT
TES AGREEMENT,, made and entered into this day of .20
by and between the CITY COUNCIL, CITY OF KALISPELL, MONTAN , Party of the First
Part and hereinafter referred to as the CITY,, and Somers Land Company, Kalispell, MT 59901,
Party of the Second Part and hereinafter referred to as DEVELOPER.
WITNESSETH.
THAT WHEREAS, the I evelo er is the owner and developer of a new subdivision known as
Ashley Park. - Phase 8 , located in the NW 1, SE l of Section
l 9, Township 28N, Range 21 w ,M.M., Flathead County, Montana, and',
WHEREAS, the City has conditioned its' approval of the final plat Ashley Park Phase 8. upon the
conditions as set forth in the Preliminary Plat of the Subdivision being completed at this time, and
the Developer er 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 irn rovements as evidenced by
an estimate prepared by a licensed professional engineer included herewith as "Exhibit B"; and,
WHEREAS, AS, the estimated total cost of construction of said improvements is the sun of
754,906.87 of which a total of
50, 11. , has been completed to date.
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 amo .t of of 3 0� 119.24
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 fronds in the sung o
estimated cost of completing the required
Ashley Park - Phase
- - -- - - - - - ----- - - - -- ------------------------------
,119.,
improvements
the
in
bt That if the Developer fails to complete the specified improvements within the required
period, the creditor will pay to the City immediately, and without farther action, such funds
as are necessary to finance the completion of those improvements up to the limited of credit
Page l of 3 Pages
stated in the letter;
. That said required improvements shall be fall completed by January 26th, 2007
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 M4 compliance with the minimum standards specified by the City
for their construction and that the Developer waffants said improvements against any and all
defects for a period of one 1 year from the date of acceptance of the completion of those
improvements by the City;
c. That the Developer knows of no defects in those improvements;
d. That these improvements are free and clear of any encumbrances or liens;
e. That a schedule of actual construction costs has been filed with the City- and,
f. All applicable fees and surcharges have been paid.
4. The Developer shall cause to be filed with the City copies of fmal plans, profiles, grades and
specifications of said improvements, with the certification, of the registered professional
engineer.
IT IS ALSO AGREED BY AND BETWEEN THE PARTIES HERETO AS FOLLOWS., TO
WIT*
That the Developer shall provide for inspection of all required improvements by a registered
professional engineer before the Developer shall be released from the Subdivision. Improvement
Agreement.
That if the City determines that any improvements are not constructed in compliance with the plans
and specifications, it shall fish the Developer with a list of specific deficiencies and may
withhold collateral sufficient to insure such compliance. If the City deteMin.es that the Developer
will not construct any or all of the improvements in accordance with the plans and specificatiolls,
or within the required time limits, it may withdraw the collateral and employ such ids as may
be necessary to construct the improvement s in accordance with the plans and specifications. The
unused portions of the collateral shall be reed to the Developer or the crediting instit tion, as is
appropriate.
That as improvements are completed, the Developer .may apply to the City .for a release of past of
the collateral deposited with the City. The proportion of the collateral released may not exceed the
proportion which the improvements completed eted represent of all originally required improvements,
otherwise, said Letter of Credit may not be withdrawn until released by the City,
Page 2 of 3 Pages
Ashler Park - Phase
That this agreement ent shall inure to the benefit of and be binding upon any successors in interest,
heirs, or assignees.
IN WITNESS WHEREOF, the Parties to this agreement t .ave hereunder set their hands and seals
the day and year herein before Witten.
SHLY PARK PHASE
Somers Land Company
(Title)
STATE of MONTANA COUNTY of FLATHEAD
On this day of �..... .. O , Zoo, before me, a Notary Public for the State of
Montana, personally appeared V�; known to me to be the person whose
name is subscribed to the foregoing instrument and acknowledged to me that he executed the same.
IN WITNESS WHERE', I have hereunto set my hand and affixed ray Notary Seal this day and year
first above written.
~ NN
.,�.
(S
.w' .
MAYOR, CITY OF KA ISPEL
y:
MAYOR
` �ory#ublic for the State of Montana
Residing at
My Commission Expires h\A.
Page 3 of 3 Pages
ATTEST:
M
CITY GEED.
ASHLEY PARK 8 - EXHIBIT ►►B*t
r COMPLETED
ITEM NO. UNITS UNIT COST TOTAL COST TO DATE
........ .
Rf)An
CUT/FILL
C.Y.
8,699
$ 3.50
$ 30,446.89
$ 30,446,89
STABIL17_ATION FABRIC
S.Y.
7,922
$ 1.08
$ 8,556.00
$ 8,556.00
PIT RUN
TONS
7,630
$ 10.80
$ 82,400.90
82,400.90
3/4" CRUSHED
S.F.
70,969
$ 0.36
$ 26,548.73
$ 12,774.36
4" ASPHALT
S.F.
60,768
$ 1.10
$ 66,844.80
$ -
CURB AND GUTTER
L.F.
3,360
$ 9.50
$ 31,920,00
$
SIDEWALK
S.F.
16,800
$ 3.90
$ 65,520.00
$
STREET SIGNS
EACH
3
$ 200.00
$ 600.40
$
TOPSOIL
S.Y.
2,613
$ 3.50
$ 9,145.50
$ W
BOULEVARD TREES
EACH
72
$ 250.00
$ 18,000.00
$
$ 338,982.81
$ 134,178.15
b l UKM YYA ILK
CATCH BASINS
EACH
4
$ 690,00
$
2,760.00
$
2,760.00
MANHOLES
EACH
2
$ 1,300.00
$
2,600.00
$
2,600.00
8" GRAVITY
L.F.
522
$ 16.50
$
8,613.00
$
8,613.00
$
13,973.QD
$
13,973.00
CONNECT TO EXISTING
L.S.
1
$
1,425,00
$ 17425.00
$ 1,425.00
8" WATER MAIN
L.F.
1,672
$
22.80
$ 38,121.60
$ 38,121.60
6" WATER MAIN
L.F.
40
$
19.75
$ 790.00
$ 790.00
SPECIAL_ BEDDING
TONS
1,158
$
15,30
$ 17,717.40
$ 17,717.40
8" GATE VALVES
EACH
4
$
985.00
$ 3,940.00
$ 3,940.00
6" GATE VALVES
EACH
3
$
680.00
$ 2,040.00
$ 2,040.00
FIRE HYDRANTS
EACH
3
$
2,985.00
$ 8,955.00
$ 8,955.00
MIC 8" FITTINGS
EACH
10
$
585.00
$ 5,850.00
$ 5,850.00
314" WATER SERVICE
EACH
46
$
750.00
$ 34,500.00
$ 34,500.00
$ i13,3 L-00
$ 11-3,339-4i
SEWER
8" SEINER MAIN
L.F.
1,568
$ 20.40
$ 31,987.20
$ 31,987.20
SPECIAL BEDDING
TONS
984
$ 11.25
$ 11,070,00
$ 11 070.00
4' DIAMETER MANHOLES
EACH
7
$ 1,400.60
$ 9,800.00
$ 9,800.00
4" PVC SERVICES
EACH
46
$ 650.00
$ 29,900.04
$ 29,900.00
GENERATOR
EACH
1
$ 27,900.00
$ 27,900.00
$ 16,084.91
$ 110,657.20
$ 98,842.11
1 OF 3
UTILITIES
COMMON UTILITY TRENCH
L.F.
2,200
$ 4.20
$ 9,240.00
$ 9,240.00
2" CONDUIT
L.F.
5,000
$ 3.20
$ 19,200.00
1 9,200.00
3" CONDUIT
L.F.
5,300
$ 188
$ 20,564,00
$ 20,564.00
4" CONDUIT
L.F.
1,800
$ 4.35
$ 7,830.00
$ 7,830.00
1 PHASE TRANSFORMER VAULT
EACH
7
$ 645.00
$ 4,515.00
$ 44515.00
3 PHASE TRANSFORMER VAULT
EACH
2
$ 1,265.00
$ 2,530.00
$ 2,530,00
GAS ASSIST
L.F,
2,200
$ 0.85
$ 1,430.00
1 $ 1,430.00
CONSTRUCTION TOTAL $ 642,261.01 $ 425,641.26
PROFESSIONAL FEES AND UTILITY DEPOSITS
CONSTRUCTION SURVEYING
LUMP
2.00%
$ 12,845.22
$ 12,845,22
$ 12,845.22
LEGAL SURVEYING/PLAT
LOT
45
$ 150.00
$ 6,900.00
$ 6,900.00
DEQ REVIEW FEES
LUMP
1
$ 125.00
$ 125.00
$ 125.00
KALISPELL PLANNING PLAT FEES
LUMP
1
$ 5,300.00
$ 6,300.00
$ 5,300.00
NORTHWESTERN CAS
LUMP
1
$ 13,438.00
$ 13,438.00
$ -
CENTURYTEL DEPOSIT
LUMP
1
$ 17,259.64
$ 17,259.64
$ ..
FLATHEAD ELECTRIC
LUMP
1
$ 56,778.00
$ 56,778.00
$ W
CONTRACT TOTAL $ 754,906.87 $ 450,81 "1.48
2 OF 3
ORIGINAL COST OF CONSTRUCTION!
$
754,906.87
AMOUNT COMPLETED PRIOR TO BONDING
$
450,811.48
AMOUNT OF REMAINING WORK PRIOR TO BONDING
$
304,095.40
AMOUNT OF BOND (125% OF REMAINING WORK)
$
380,119.24
AMOUNT OF WORK COMPLETED TO DATE
$
450,811.48
PERCENTAGE OF WORK COMPLETED TO DATE
80%
AMOUNT OF WORK REMAINING
$
304,095,40
ORIGINAL BOND AMOUNT
$
380,119.24
AMOUNT OF BOND TO BE RETAINIDED (125% OF REMAINING WORK)
$
380,119.24
BOND AMOUNT TO BE RELEASED
$
—
AMOUNT PREVIOUSLY RELEASED
$
..
AMOUNT TO BE RELEASED AT THIS TIME
$
AS PROJECT ENGINEER FOR THE ASHLEY PARK PHASE VIII SUBDIVISION, I CERTIFY THAT THE WORK
LISTED HEREIN IS CORRECT. IN ADDITION, I CERTIFY THAT THE ASSOCIATED COSTS ARE
REASONABLY ACCURATE ESTIMATES OF THE RESPECTIVE COSTS OF THE WORK, THE
VALUE OF CONSTRUCTION AND OTHERWORK COMPLETED TO DATE IS:
$
450,811.48
THE TOTAL VALUE OF REMAINING WORK IS ESTIMATED TO BE:
$
304,095.40
SECURITY HELD AT 125% OF THE REMAINING COSTS SHOULD BE IN THE AMOUNT OF:
$
380,119.24
RODNEY K. SCHENCK, P.E.
ALL WORK TO BE COMPLETED BY JANUARY 20, 2007
3OF3
"$ °*-aa a,`�1'A *.
1 �
d+ CHE.
•t....,.
VALLEY B.N ,,--, F:- h.l.,..IF ELL.
w
�rF . 21006
IRREVOCABLE LETTER OF CREDIT NO. 1263
ATTN: Pam Kennedy, Mayor
R 0 h .; Valley lark- b . , Kalispell
41 Third Street. W
O Box 48
Kalispell. MT W90 -0 4
� 1 � Irrevocable Standby et -o. = * dlt .Not l � �
EFFECTIVE DATE: February , '12",2006
Dear Mayor Kennedv:
We hereby establish a standbv Irrcvocable Letter of .'r t iij your favor for tile sum not
r_,1XC i. . total of$380.119.00 for the account of Dennisry r# Somers Land
Company, Inc, and Ashley Park. Phase 8 Subdivision. required improvements or
which this .fetter applies arc, enumerawd. as exhibit
ti"A'_", nacti t Drawn on -the Let -ter of
Credit shall be inade by the ." it Kalispell u �. writt ° statement signed a ily hf
R. F Valley Bmik of Kalispell
01
IrrevocableStandby Letter otoCr it No, 1263
Deed February ., 2006
The City ofKalispell her0y drawn under id Letter of Credit No, 12063 in the
mount o.: OJ l r0 , Scald amount is be-Eng. drawn to pay for the cost of
stated specific improvements whicli were to be conipleted as set for iTi the
at
t Development agreement dated Febu o 06 and signed by Pa
Kennedy. Mayor. The City bus given xviitlen notice to Dennis ar. 'r. S nj _s
Land m. Inc, o. ft -failure to particular impro-vements no so completed,
copy ofwhich wnitten notice is attached.
ucli draft and supportingdocuments shall be presented 'Valley Bank of Kalispell.. .
Third Street West, . , Box 48, K.ifi, .Montana 9 - 0 t
P- . Box 4 - K..AA.,..i!;c1V_L:L, MT 0 - 48
4
5-7 r 1 FAX 406-7 2-7 7 '�d.\t �.LE k�A�l ��'I'T`- }{��.1
MFm�icR FDi C
This Letter of Credit shall terminate and expire either upon the delivery to the bank of
the vm'tt n certificate by the City of Kalispell stating that Dennis Comer., Somers Land
Company, Inc. has satisfactorily completed the improvements for said Phase
Subdivision, as referred t, or [arch 2, 2007, whichever date is the sooner.
The amount of this Letter of Credit may be reduced, from time to time, as improvements
as listed on exhibit "A"' are completed and verifies by a Certificate of Completio.. n by the
Public Works Department of the City f Kalispell.
This Letter of Credit is subject to the Montana Uniform Commercial Code and the
Uniform Custom and Practice for the Documentary .:Credits (1-98 3 Revision) Intemational
Chamber of Commerce Docwnent No. 400.
Valley Bank of Kalispell
Allan Aronson,, Senior Vice President
RE: Dennis Carver, Somers Land Company, Inc. Phase 8 Subdivision Letter of Credit
No. -23
APPROVAL
The foregoing Letter of Credit is hereby approved and accepted.
Dated this day of 2
CITY OF KALISPELL
3 Y:
Pam Kennedy, Mayor
2 � .3
GOOSE -BAY EQUIPMENT, INC. KALISPELL, MT 59MI -4.447.
1995 THIRD AVENUE .AST .93-2299
ALI ' LL, i T - 901
140 -4 0211412006
PAY TO THE
ORDER OF MYOFKALISPEU $ *********$833,00
w
f DOLLARS
4�
CITY F KALISPELL And PLANNING & ZONING
PO BOAC 1997
F ALIS T 3�
i E M 0
Memo: CASH IN LIEU - PH
City of Kalispell
Planning Department
17-2 ndStreet East, Suite 211, Kalispell, Montana 59901
Telephone- 40 51-1 5
Fax: 406) 751-18
W ebsite: kalispellplanning.com
February 14, 2006
James H. Patrick, City Manager
City of Kalispell
P.O. Drawer 199
Kalispell, MT 59901
Re: Final Plat for Ashley Park phase v1II
Tear Chris:
This is a request for final plat approval of Ashley Park Phase VUI, a 46 lot residential subdivision with 26
single-family lots and 20 townhouse lots on approAmtel y 10.81 acres located on the west side of Airport
Road on the west end of Merganser Drive. Ireliminary plat approval for this subdivision was granted by
the Board of County Commissioners on May 10, 1994 as an eight -phase development. Seven phases
have previously been developed and final platted. The entire site has also been previously annexed to the
city.
One of the terms of preliminary plat approval is that as each phase is final platted, the next phase is
granted an automatic two-year extension of the prelimi�ry plat approval. Phase V11 received final plat
approval on July 6, 2004 thus this phase is well within the time game for submittal.
Approximately 60 percent of the improvements have been completed which includes the water, seer,
storm water drainage and street sub base work. It should be noted that a Subdivision Improvements
Agreement has been submitted with the final plat to address the completion of the remaining
improvements. A letter of credit in the amount $3 0,119. 4 is attached which addresses 125 percent of
the remaining work to be completed. In addition, 2 cash -in -lieu of parkland checks in the amounts of
1 , $ . o for a Natal of $18,429.00 have also been submitted as part of this application. Below
is a list of the findings of compliance with each of the conditions of prellrnin y plat approval.
oM LLkNE WffH CONDITIONS of APPROVAL:
Condition No.1 That the subdivision obtains approval from the State Department of Health and
Environmental Sciences.
This condition has bem .met. The subdivision has bwn approved by the Mate Department of
nvi.romnental Qua .ty under the Municipal Facilities Exclusion for areas served by municipal water and
sewer. See letters dated 140 and 3/30/05 referencing project - Q05-29.
Condition No. 2 All water lines, sanitary sewer, culverts, and storm sewer linesswales shall be built
according to p1m and specifications approved by the City of Kahspell Public works Department. All water,
sewer main extensions, and storm sever lines/swales on private property shall be place within suitable
easements and approved by the City of Kalispell Public works Department.
This condition has been adequately addressed. See the letters of approval from the Kalispell Public
Works Department dated 22 o . Some of these .improvements are included as part of the Subdivision
hnprovements Agreement.
Condon. No. 3 The construction of all streets, curb, gutter, sidewalks and street tree planting shall
e done in compliance with City of Kalispell standards and approved by the City Public works Department.
• This condition has been adequately addresses. See the letters of approval from the Kalispell Public
Works Department dated 2. Some of these improvements are included as part of the Subdivision
hnprovements Agreement.
Condition No. 4 A 20-foot reserved strip for right-of-way be maintained along the westerly boundary
m common with the railroad ROW for the future Altercate Highway 93 route. If the highway is constructed
prior to dal plat of Phases 6 and 7 any remainder not used for ROW may be included into the adjoining lots,
so as to increase their depth.
MDT has indicated that they do not new this excess 20 foot strip as part of the by-pass acquisition and
construction. They have already purchased the BNRR Right of Way and will be purchasing additional
R/W on the west side of this aliment. Thus, the 20 foot ,strip has been incorporated into the adjacent
abutting lots along the Bypass R/W.
Condition No. 5 Prior to Final flat of Phase 2, iu.stallati n of the northerly access route through
South Meadows is to be completed.
This condition has been net. The northerly access of phase 2 to South Meadows was constructed prior
to the filing of the final plat for Phase 2.
Condition No. 6 All utilities shall be installed underground,
This condition has been adequately addressed. Fart of the Subdivision hnprovetnents Agreement
addresses the installation of utilities.
Condition No. 7 The owner shall pay a cash -in -lieu of parkland payment equal to l of the
undeveloped market value of that portion of the site proposed for final plat..
This condition has been addressed. A cash-i -lieu of parkland fee in the amount of $1 , 2 .00 (2
checks in the amounts o $1' , 5 & $ .0 has been included with the final plat application based on
a value of $20,000 per acre.
Condition No. 8 Placement of f e hydrants shall be approved by the City of Kahisp ell Fire
Department.
This condition has been met. A letter from the Kalispell Acting eputy Fire Marshal has been submitted
with the final plat approving the hydrant locations and fire department access.
Condition No. 9 This preliminary plat approval is valid for a period of two years. The project is also
approved in eight phases. This two -yew period is based on approval of the Final Flat of Phase 1. Upon
approval of each phase an additional two 2 years to receive fiml plat for the next phase is granted. A one
year extesion may be granted for each individual phase. if any phase expires, the remain.�n unrecorded
phases also expire.
This condition has been met. ThLs prelnniplat phase has an expiration date of July 6, 2006 based on
Phase VIJ approval on July 6, 2004.
Condition No. 10 The lots meet the City of Kalispell Zoning Regulations.
This condition has been met. All of the lots within the subdivision meet the minimum standards of 6,000
square feet in the -4 zoning district. The duplex townhouse sublots also comply.
Condition No. 11 Lot numbers, street addresses, and net acreage for each lot shah be included on the
face of the final plat.
This condition has been met. Required notes have been placed on the face of the final plat.
Condition No. 12 All streets shall be clearly signed in a manner conforming to City standards.
This condition has been addressed. The Subdivision lmproverents Agreement includes street signs.
Condition No.13 Prior to final plat of each phase, a petition to annex for that phase shall be presented
to the City of Kalispell. (Amended 6/22/94 by the Board of County Commissioners)
+ This condition has been met. A petition for annexation was filed with Phase V for phases V — VI .`the
City council approved the annexation for this area at the August 18, 2003 council meting.
Condition No. 14 Stet tree planting shall be coordinated in partnership with the City of Kalispell
Parks Department.
• This condition has been adequately addressed. This item bas been included in the Subdivision
nproven ents Agreement and a letter from the City of Kalispell Parks Department regarding the street
tnx planting dated 2115106 has been submitted with the fiml plat application.
COMPLIANCE WITH APPROVED PRELIMINARY PLAN`
The final plat is in substantial compliance with the preliminary plat which was submitted and approved.
COMPLIANCE WITH THE SUBDIVISION REGULATIONS:
This subdivision plat has bem found to be in substantial compliance with the Mate and City Subdivision
Regulations.
COMPLMNCE WITH THE ZONING REGULATIONS
This subdivision complies with the Kalispell Zoning Ordinance and the R-4 zoning designation which
wi.11 be assigned upon annexation.
RECOMMENDATION*
All of the conditions of preliminary plat approval have been adequately addressed. The staff recommends
that the Kalispell City Council approve the final plat for this subdivision. please note that. the Subdivision,
Improvements Agreement should be accepted along with the final plat approval. Please schedule this
matter for the Febnmry 21, 2006 city council agenda if possible. You may call nee at 51-1 51 if 1 can be
of assistance to you regarding this matter.
Sincerely,
Thomas R.. ntz, AIC
Director
TJ
Attachments: 1 opaque Mylar of final flat
1 reproducible Mylar of final plat
1 blueline of final plat
1 l x l '' copy of plat
Letter from Carver Engineering dated 1 2 0
Final plat application dated 1250
Letter from MEQ dated 33005
Letter from MDEQ dated 31 5
Letter from Kalispell Public Works dated4/22/05
Letter from Fire Marshal 320
Letter from Parks and Rec dated 15 0
Engineers certification dated 1 2 5
Subdivision mpro em nts Agreement 1/26/06
Valley Bank letter of credit dated 2/2/06
Treasurer"s certification dated 2
Check for cash in lieu of parkland $1' ,5 & 3
Title report # ' 20 2 -130 dated o
Exhibit A — Flathead County Resolution of Approval dated 5/10/94
c: Somers Land Co., 1995 Third Ave. East, Kalispell AST 59901
Teresa mite, Kalispell City Clerk
r.m CARVER ENGINEERING, INC.
9995 Third Avenue East
Kalispell, MT 59901
(406) 257-6202 fax 756-1093
January 2, 2006
Tom Jentz
City of Kalispell Planning Department
17 2nd street East, suite 21
Kalispell, MT. 59901
R; Ashley Park, Phase
Dear Ir. nt:
The following action has been taken on each item of the preliminary plat conditions
of approval for the Ashley Park — Phase 8 subdivision:
EXMBI '
CcmdIdms, upon which remry plat approval has been g mted to Ashley IMWow
SubdivislOn on this date oflklay 1 # 1.994, are as foflows
71w tbesubdiAlsion obin approval from the Monma Depannx-ntHealth and
Montana Department of Health approval has been received and is attached.
t all water fines, an sewer, culverts, and stor-orm sewer �. swaes " built
p� � spmfi��us pp od the C' f spell Pu� W�� "Onbas
r==. AU war, sewer rmin extm:ow. and .wrm sewer lines lswal. m
n -ate property shaJ1 he placed withinsuitable, emenwnts andapr veA by the City
.Kalispell Public Works en._
All water, sanitary sewer, culverts and storm sewer lines have been approved by
the City of Kalispell, and the KPWD approval letter is attached. Any required
easements are shown on the plat.
3 k The c-onstracuon of afl saw * cum, guners, and sidewaW .ill be done
with City of � . pe� ds � droved � C* f open
POD Wlo Depament.
The City of Kalispell has approved plans for streets, curbs, gutters, and
sidewalks, and the approval letter is attached. The construction of these items is
about 3% complete and in compliance with the City standards. The remaining
work is included in the bond amount and will be constructed to City standards.
. , A 20-footr#ed sip or Tight- w y be : ied along the westerly berry
n common with d�e rail right-of-way for the future akermte highway 93 rye, It
the highway is constructed �� to final � pis 6 and, any remainder o.
use...for ri-way may be included =o adlam., so as TO _m"Crease their
dew
Page
January 26, 2006
ITT does not require the 2-foot strip for the for the 93 bypass. And as we
discussed in our phone conversation, the strip has been included in the lots.
Prior .to fiaW plat of per, 2. instaMon of the northerly acm route trough Smth
Meadows IS. to be ecmVIeted-
This item refers to Phase 2 ofAshler 'ark and is not affected by this Phase.
. AM motes shaD be �Msmfled underground.
All utilities are installed underground.
7. The ow= shall pay a cmh-.l -lieu of park IaW pa3ment equal to 119ffi of the
uWevoped market value of that pion of the site pToposed foT final.at*
One ninth of the cash -Ire -lieu pant is enclosed.
.lames of fir� be � by the �� ty Kalispell
. ... . I)� .on from the chkf -the Ciry of spell Fire Dep=en,
which ind.cata that the proper fire supprcssion facifitim are adequate,, sal be
submitted with the apphcation for final pbt approval.
The Fire Marshal's approval letter is attached
9. This prefiminmy plat approval vand for a peod of two 2 yam. Ilie project
is also aMroved in seven (7) des. This two -yam period is �d on approval of
dal plat pew I within this tw(2) yew Upon approval of each phase, an
addi6onal two r receive � plat for #w next � is granted. A one
(1) year� on may be ranted for each .iodivOuaJ phaw. If any use e p . e ,
to remaining n reco`4ed pbases also
This item refers to the phasing f the project and requires no action at this time.
1, The IoLs met the City f Kat'spel Zonm'g Regu l i m x
The lots are in compliance with the R4 zoning requirements ent f the City of
Kalispell.
Lot nmbers, sweet wWmLscs, aW net acrea.gc for each lot shaR be included on tbe
face of the rMal h-d;
Lot numbers, street addresses and net acreage for each lot are included on the
face of the plat.
_ All stireets sball be clearly siugned wa manner conformmg to City of 'spell
standards.
Street signs will be installed conforming to the City of Kalispell standards.
Page 3 January 26, 2006
13 4 for to Fum]plat of each plc, amexation sW1 ter.
Annexation of Ashley Park — Phase 8 has occurred .
14Street tree planting shaM be coordinated in]partners-hip -with the City of Kalispell
Par"D4�:Prlm=.
The developer agrees to ii coordinate in partnership with the City of Kalispell
'arks Department" regarding street tree planting.
Sincerely,
CARVER ENGINEERING, INC.
1
F�6a Scfirelhck, P.E.
PPPP"
Montana Department of
NVIRONMENTAL QUALITY Judy Martz, Governor
1.09 Cooperative Way • Suite 1 # Kalispell, MT 99 1- 9 * 4 - 9 • FAX 406) - 977
Rod Schenck March 30, 2005
Carver Engineering, Inc.
1995Third Ave East
Kalispell, MT 59901
RE: Ashley Park W&S Phase Vill — Kalispell; ECG#05-2389
Dear Mr. Schenck;
Flans and specifications for the above -referenced project have been reviewed by personnel with
the Permitting & Compliance Division utilizing the certified checklist procedure, The plans and
specifications are hereby approved, one set of plans and specifications bearing the approval
stamp of the Department of Environmental Quality is enclosed.
Approval is based on plans and specifications received March 23, 20 .der the seal of: Dennis
F. Carver, P.E. # 3577 E.
Approval is also given with the understanding that any deviation from the approved plans and
specifications will be submitted to the Department for reappraisal and approval. Within 90 days
after the project has been completed the project engineer shall certify to the Department that the
project was inspected and found to be installed in accordance with the plans and specifications
approved by the Department. This certification shall be accompanied by a set of "as -built" record
drawings signed by the project engineer.
It is .further understood that construction will be completed within three years of this date. If
more than three years elapse before completing construction, plans and specifications must be
resubmitted and approved before construction begins. This three-year expiration period does not
extend any compliance schedule requirements pursuant to a Department enforcement action
against a public water or sewage systems.,
Please be aware that: this project may need a storm water general permit. Please contact the
Water Protection Bureau at o - -30 0 for more inforrnatiorl.
Slpcerely:..
T nvIro mental E ineer
Public Watefply Section
Public Water Supply and Subdivisions Bureau
cc: City of Kalispell, Public Worts Department
Flathead County Sanitarian
File
Centralized Services Division • enforcement Division * Permitting & Compliance Division * Planning, Prevention &AssistanceDivision • Reme€ cation Division
Montana Department of
NVIRONMENTAL QUALITY Brian Schweitzer, Governor
r�
P.o. Box 200901 * Helena, MT 59620-0901 * (406) 444-2544 o www.deq.state.mt.us
March 14, 2005
Carver Engineering
Rod Schenck
5 Third Ave East
Kalispell MT 59901
Dear Mr Schenck:
V TIT
Municipal ilitiExclusion
EQ#05-2389 of Kalispell
Flathead County
This is to certify that the information and fees received by the Department artment of Environmental Quality relat : 6o- to
this subdivision are in compliance with 6-4- 2 , MCA. Under -4-1 5 2 d MCA, this subdivision is not
subject to review, and the plat can e filed with the county clerk and recorder.
Plans and sp eel ficatio s ni ust b e s abmitted when extensions of mun icipal facl11ties for the s LippI y of water o r
disposal of sewage are proposed #4-1 1 , MC . Construction of water or sever extensions prior to
EQ Public Water Supply Section's approval is prohibited, and is subject to penalty as prescribed in Title 7 5,
Water 6 and Title 7, Chapter 4.
This file has been maned to the Public Water Supply Section, Kalispell Office for their review.
Janet Skaarad
Compliance Technician
Subdivision Secti.on
Water Protection Bureau
(406) 444-1 1 4.- email J'skaarland t,,mt. gov
cc. City .d eer
County Sanitarian
file
Enforcement Division * Permitting a lian a Division * Planning, Prevention assistance Division * Remediation Division
.'.
City of Kali*spell Publi*c Works Department
`M1y}i.. ' 1 Kalispell, Montana' -��- 03'�-fit 6)758-
.:. .
. . . . . . . . . . . .
April 22, 2005
Carver Engineering, Inc,
1995 Third Avenue East
Kalispell, Montana 59901
Attention: Rod Schenck
RE: Ashley Park, Phase VI
Kalispell, Montana
Dear Rod:
The construction plans and supporting documents for the referenced project are hereby
approved with the following comment:
All service saddles, corporation stops,, curb stops, and service pip g shall be3/ ". Our
water regulations require the meter to be the same size as the water service, A 1"
meter connection fee is $1,777 more than the connection fee for a " meter.
Attached is your copy of the letter of approval sent to the F[atheac! City -County Health
Department,
We look forward to working with you on this project..
Sincerely,
Aank a st s, P.Em
Assistant City Engineer
Attachment: As Stated
KALISPELL FIRE DEPARTMENT
Randy Bde - Fire Chief
March 26, 2004
Carver Engineering, Inc.
Attu: Rod Schenck
5 Third Avenue East
Kalispell, MT 59901
312 "mot Avenue East
Kalispell, Montana 59901
4 758-7760
FAX: 758-7952
Ashley Park, Phase Vill Subdivision Review (Fire Hydrants)
Dear Mr. Schenck:
have reviewed the design information that was submitted on the above referenced
project. Fire department access is acceptable. The fire hydrant locations are
acceptable, with the exception of the hydrant located between Lots 32 and 33. We
would prefer this hydrant be moved across the street, perhaps between Lots 7B and 8A.
Feel free to contact me if you have any questions.
Sincerely,
F. Ray Rfatto
Acting Deputy Fire Marshal
Kalispell Fire Department
"Assisting our community in reducing, preventing, and mitigating emergencies. P�
CARVER ENGINEERING, INC.
1995 Third Avenue East
Kalispell, MT 59901
(406) 257-6202 fax 756-1093
January 26, 2006
City of Kalispell
P.O. Box 1997
312 1st Avenue East
Kalispell, T 59901
Ashley 'ark, Phase
City of Kalispell
Subdivision Improvement Agreement
Carver Engineering has observed water, sewer, stormwater drainage and road
construction completed to date on Ashley Park Phase 8, as described in EXHIBIT B.
The work has been inspected and is in compliance with approved plans and
specifications.
Sincerely,
CARVER ENGINEERING, INC.
k9d Sh ck, P.E.
k4
1
Plat Bova
Flathead County, Montana
Soo S. Main St.
Kalispell, MT 59901
(406)758-5510
This Form is for Subdivisions & Condominiums Only
SANDS SURVEYING
BY
/A /045�
r R
FOR. SM LAND COMPANY DATE,
f A.ffRESUBMITTED.fl f
ESC: ASHLEY PARK PHASE V111
TR 4 1 - - 1
PURPOSE: PLAN"
I hereby certify that there are no outstanding taxes on the property
assigned the assessor numbers listed Ooor the years inl for
;
. assessor number.}
� � � MWF s � � wiMNw •I1Fr iwwF MM4 �Y4W
Deputy Treasurer
(seal) FEIR 0 6 2006
February
Carver Enginedng, Inc
Consulting Engineers
Rod Schenck
1995 Thirty Ave
Kalispell, MT 59901
Ashley Pa& use Vill
Dear Rod Renck,
This letter IS to see as appmva) on the proposed landscaping plans submitted for
Ashley Park Phase V111 Subdivision. It is agreed that you will be responsible for bonding
fbr landscaping Improvemonts for 36 lots Wdh a total of 72 boulevard trees of a 21/
caliper of an approved species fmm the Kali -spell Parks dpartont planting list)
and approximatefy 7 foot boulevards with lineal feet of hydro-seededhydro-seeded or sodded
boulevards per the plan. 1t was agreed that the developers would plant the required
boulevard tries to city standards, Bonding Will cover 125% of the cost The City
contractor price per tree is $160 and pl a nfi I 11 , boulevard prep and seeding i
S. 10 per foot
Final appmval will be given upon complabon, -inspection and approval of the landscaping
and tree plantings, at which lime bonding ndr letter of credit would be released if k i
in ewer It should be toted that the trees ano landscaping are under a 2 year w ranty
period and .should they die within this time frame, the developer 11 be responsible for
replacement -
Thank you for your cooperation and consideration for developing a quality subdivision
project. if you have any questons or concems, please give me a call.
Sincerely,,
Micha I Baker, Director
Kalispell Parks and Recreation
Tom Jentz, City Planning
City
Kali*spell
Planning Department
` - "" Street East, Suite 211, Kalispell, Montana 59901
Telephone, 751-1850
FINAL PLAT APPLICATION
Project subdivision Name: Ashley Park Phase V 1
Contact Person: Owner& Mailing Address:
Name: Rock Schenck Dennis Carver (Somers Land Company)
Address: 1995 3rdAve. E 1995 3rd.Ave. E
Kalispell, MT 59901 Kalispell, MT 59901
Phone No.; - 20 257. 2 2
Date of Preliminary Plat Approval:
Type of Subdivision: Residential X Industrial
Total Number of Lots in subdivision. 46
Land in Project (acres)
Parkland (acres)
No. of Lots by 'hype:
Single Family 2
Duplex
Commercial
Condominium ..............
Cash -in -Lieu $ 17 5
Commercial PUD
Exempt
Townhouse 20 Mobile Home Part
Apartment Recreational Vehicle Park
Industrial Planned Unit Development
Multi -Family . Other
Legal Description of the Property Nee attactiecl tXIM I l
FILING FEE ATTACHED $. 5130
Minor subdivision with approved preliminary plat
Major Subdivision with approved preliminary plat
Subdivisions with Waiver of Preliminary Plait
Subdivision Improvements Agreement
Other
$400 + $100/lot
$650 + $100/lot
$600 + $100/lot
$ 50
1
Attached Not Applicable (MUST CHECK ONE
Health e a.rtme .t Certification (original)
'title Report (Original, not more than o days old)
X Tax Certification (Property taxes must be paid)
Consent(s) to Plat (Oriia.ls and notarized)
X Subdivision Improvements ents Agreement ent (Attach collateral)
Parkland Cash -in -Lieu (Check attached)
X Maintenance Agreement
X _ Plats; 1 opaque OR 2 myla.rs
1 ryiar copy I signed blueline
l .elines 4 bluelines, unsigned
1 1X17 Copy I IX 17 Copy
e plat must be signed by all owners of record, the surveyor and the examining lard surveyor.
Attach a. letter, which lists each condition of preliminary plat approval, al, and individually state how
each condition has specifically been met. In eases where documentation is reqlaired, such as aji
engineer's certification., state Department of Health certification, etc., original letters shall be
submitted. Blanket statements stating, for example, "all improvements are in place" are not
acceptable.
. complete final plat application must be submitted no less than days prior to expiration date of
the preliminary plat,
When all application materials are submitted to the Kalispell Planning Department, ent, and the staff
finds the application is complete, the staff will submit a report to the goveming body. The governing
body must act within 30 days of receipt of the revised preliminary plat application and staff report,
Incomplete submittals will not be accepted and will not be forwarded to the governing body for
approval. Changes to the approved relir, ina.ry plat may necessitate reconsideration y the
planning board.
l certify that all information submitted itted. 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 i ' of this a licatior signifies a. rova.l for Kali ell 'la .nin
staff to be present on the property for routine monitoring and inspection during the approval and.
development process.
**NOTE-. 'lease be advised that the County Clerk & Recorder requests that allsubdiv"Asiort
ft'nal plat appfications be accompanied with a digital copy.
Owner(s) signature fate
** digital copy of the final plat in a Drawing Interchange File XF format or an AutoCAD file
format, consisting of the following layers:
1. Exterior boundary of subdivision.
2. Lot or hark boundaries
3. Easements
4. Roads or rights -of -way
5. A tie to either an existing subdivision corner or a corner of the public land survey system
PRELIMINARY SUBDIVISION CERTIFICATE of TITLE
To the County of
Policy No. 7208926M 13 0 9
CHICAGO TITLE INSURANCE COMPANY
Flathead
and the City of
Kl i spel
In Montana
CHICAGO TITLE INSURANCE COMPANY, a corporation organized and existing under the laws of the State
of Missouri, with its principal office in the City of Chicago., Illinois, and duly authorized to insure titles in
Montana hereby certifies that from its examination of these public records which impart constructive notice of
matters affecting the title to the real estate described in Schedule A hereof, as of the 9th day of
January 2006 at o'clock P.M., the title to the described real estate was indefeasibly crested in fee
simple of record in: Somers Land Company,
Montane. Corporation
subject only to the objections, liens charges, encumbrances and other matters shown under Schedule B hereof,
The maximum liability of the undersigned under this certificate is limited to the sure of $ .
This certificate of title is made in consideration of the payment of the premium by the subdivider of the land and
for the use of the County and City above named.
Issued :
T R G T1 TL E SE RVI C;=S
Ka%a � � 59 ¢ 3- Box 73
Phone:
Fax
53 (',9c row)
o-+•. E i { tom' } {{`}„ ',�,�„t� o.% ,�,� .' ice-
szcom
CHICAGO TITLE INSURANCE COMPANY
BY.,
;;00
ATTEST
w
Reorder Form No. 9113 (Reprinted 1 10 Preliminary Subdivision Certificate of Title
For Use In Montana
SCHEDULE E
'age 2 Certificate No.. 20 92 -13 9
Our File No.. CG-32
Being the legal description of the real estate covered by this certificate.
The following -described parcels of real estate:
A tract of land, situated, lying and being in the Northwest Quarter of the Southeast Quarter
(NWI/4SE'/4)of Section 19, Township 28 North, Range 21 West, '.M.,M., Flathead County,
Montana and more particularly described as follows:
Commencing at the NW comer of the NWI/ SE1/ of Section 19, Township 28 North, Range 21
West, P. I.X., Flathead County, Montana.; thence along the North boundary of said
NW/SI4
North 8°39' 1" East, a distance of 150.52 feet to a point on the West boundary of the Fiat of
Ashley Park, Phase V (records of Flathead County, Montana); thence along said Nest
boundary
South o °20' 50" East, a distance of 173.05 feet to a point on the Southerly right-of-way of a 66
foot road known as Teal Drive; thence along; said right-of-way
North 8 8 0 3 9 " 10"" East, a distance of 3 4.16 feet to a point on the Westerly right-of-way of a 66
foot road known as Merganser Drive; thence along said Westerly right-of-way
South 01 °20'50" East, a distance of 83.50 feet to a point and the Southwesterly comer of said
Flat; thence leaving said r'ht--o way and along the South boundary of said Flat
North 88 039' 10" East, a distance of 453.32 feet to a point on the West boundary of the Flat of
Ashley Park, Phase HI (records of Flathead County, Montana); thence along; said West
boundary
S outh o 1 021 ' 29" East, a di stance of 842. oo Feet to a point on the Easterly right-o f-way of said.
Merganser Drive, which is on the Westerly boundary of the flat of Ashley Park, Phase V11
(records of Flathead County, Montana); thence along said fight -of -way and along said
boundary
North 3°'7" West, a distance of 3.32 feet to a point; thence leaving said right-of-way
South 53015'13"" Vest, a distance of 186.00 feet to a point on the Easterly right-of-way of
Burlington Northern Railroad; thence leaving said boundary and along said right-of-way
North 3 ° ' " West, a distance of 425.00 feet to a point and the P.C. of a 5399.14 foot radius
curve, concave Southwesterly, having a central angle of 02°55'00""; thence along an are
length of 274.85 feet to a point; thence
North 39039' ""' West, a distance of 103.97 feet to a. point on the West boundary of said
NW14SE1/4; thence leaving said right-of-way and along said West. boundary
North 0001"oo" West, a distance of 528.89 feet to the Point of Beginning.
To BE KNOWN S: ASHLEY PARK, PHASE VIII
Page 3 Certificate No.:7208926-1309
ur File No:. CG--43
Being all of the estates, 'Interests, equities, lawful claims, or demands, defects, or objections
whatsoever to title; and all easements, restrictions, liens, charges, taxes (general, special, or
inheritance, or assessments of whatever nature), or encumbrances; and all other matters
whatsoever affecting said premises, or the estate, r*ht, title, or interest of the record owners,
which now do exist of record.
. property taxes for the second half of the year 2005.
2. .property taxes, including any assessments collected with taxes, for the year 2006.
. Reservations in Patents or the acts authorizing the issuance thereof.
4. Mineral rights, claims or title to minerals in or under said land, including but not limited to
metals,, oil, gas, coal, or other hydrocarbons, sand, gravel or stone, and easement or other
rights relating thereto, whether express or implied, recorded or unrecorded.
. Delinquent grater and sewer charges of the City of Kalispell, if any.
6. Terrns and provisions contained in .esolution No. 6 G, regarding a proposed change in
zoning, filed July 22, 1994 as Document 9420 090 0, records of Flathead County,
Montana.
. Terms and provisions contained in Resolution No. 678E, regarding a proposed change in
zoning, filed July 22, 1994 as Document #9420309040, records of Flathead County,
Montana.
. Terms and provisions contained in Resolution No. 4826, regarding a proposed change in
zoning and annexation to the City of Kalispell, Montana, recorded August 26, 2003 as
Document #200323808001, records of Flathead County, Montana.
. Utility easement certificate and notes regarding roadways and drainage/utility/access
easements, as shown on the unrecorded plat of Ashley Park, phase VIR
. Drainage/utility/access easement as shown on the unrecorded plat of Ashley Farb, Phase V I.
1.1. 'den foot gas utility easements as shown on the unrecorded plat of Ashley Park, phase VIH,
12. Elder r ve and Merganser :give as shown on the unrecorded plat of Ashley Park, Phase
Vi.1.
13. No search has been made for grater hts and unpatented mining claims, and liability thereon
is excluded from coverage of this Certificate.
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Conditions, upon which preliminary ht approval has been granted to Ashley Meadows
Subdivision . this date of May 10, 1994, are as follows
That the subdivision obi approval from the Monte Dement of Huth and
Enrumental Sciences'
2* allwater des, H sewer, culverts, and storm sewer finesswals shaU be built
according to plans and specifications approve by the City of KafispeU Public Works
Department. All water, sewer mam" extensions, and storm sewer lines/swales on
privy property shall be plate wig. stable cements and approved by the City
of Kalispell Puke Works Derunett
3. The onstm ah streets, curbs, guners,, and sidewalks shaU be done
compliance with City of Kafispell standards and approved by the City of Kafispell
Public Works Dept..
. A 2 -foot reserved stomp for right-of-way be maintained along the westerly bounce
in coon with the rail right-of-way for the fame a t mate highway 93 route. If
the highway is constructed pnor to finalplat of pies 6 and 7, any'remainder not
use for right-of-way may be M*cluded into ad �� lam, as t inincrease their
dam.
5. for to fint plat of phase 2, insudlation of the northerly access route hough South
Meadows is to be completed.
6. All ufihties shaU be underground.
`. The owner shall pay a cash -in -lieu of park land payment equal to l 9th of the
undeveloped mkt value of that portion f the site proposed for final plat.
. Placement of fire hydrantsshall be approved by the City of spell Fire
Dement. Documentation from the chief of the City of spell Fire Department,
which indicates that the proposed fire suppression facilities are adequate, e
ubm.tteA with. -the application for fmal plat approval.
9_ This preliminay plat approval is valid for a period of two (2) yam* The project
is also approved m seven des, This two-year period is based on approval of
final plat of pie l wigthis two (2) years. Upon approval of each. phase, an
addition two (2) yes to receive final plat for the next pie is gated. A one
(1) year extension may be gated for each individual phase. If any pie expires,
of a
he
tg recorded pies also expire.
10. The lots meet the City f spell Zoning Regulations.
11. Lot numbers, street addresses, and. net acreagefor each lot shall be included on the
face of the final pW.
12. All stream shaR be clearly signed in a per enrmmg to City of Kafis. l
stndards.
Conditions Pre ' Plat/Ashley Mows Subdivision Page 2
13. Prior to final Plat of each pie, ainaexation shall occu.
. Street tree planting s be coordimted partnership with the City of spell
Parks Dept..
BOARD OF COMMISSIONERS
FLATHEAD COUNTY, MONTANA
F f
Wham R. H Strom, C
1
'Howard W. Gipe, Me&Wr
Simon L. Stratton, , Member
ASHLEY PARK
PHASE V111
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