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01. Final Plat - Empire Estates Phase 3Tri-City Planning Office 17 Second Street East - Suite 211 Kalispell, Montana 59901 Phone: (406) 751-1850 Fax: (406) 751-1858 tricitp Ltmenturytel.net www.tricitypianning-rat.com REPORT TO: Kalispell Mayor and City Council FROM: Narda A. Wilson, Senior Planner James I-1, Patrick, City Manager SUBJECT Final Plat for Empire Estates Subdivision Phase 3 MEETING DATE: May 2, 2005 BACKGROUND: This is a request for final plat approval of Empire Estates, Phase 3 that plats 56 lots consisting of 40 sublots and 16 single family lots on approximately 10.915 acres. This subdivision is located on the east side of Stillwater Road north of Three Mile Drive. As required a minimum of two thirds of the required infrastructure has been constructed in accordance with City standards with the remaining improvements being addressed with a subdivision improvements agreement in the amount of $196,800 and a letter of credit in the amount of 125 percent or $246,000. It is anticipated that the improvements will be completed by July of 2005. This property was annexed to the city and given a zoning designation of R-4, Two Family Residential. Phase 2 of Empire Estates was given final plat approval in October of 2004. Building activity has been. brisk. When the property was annexed into the city, the subdivision was given preliminary plat approval by the Kalispell City Council on July 7, 2003 subject to 18 conditions. The attached transmittal letter outlines the conditions of preliminary plat approval for this subdivision and a discussion of how they have been met or otherwise addressed. RECOMMENDATION: A motion to accept the subdivision improvements agreement and approve the final plat for Empire Estates Subdivision Phase 3 would be in order. FISCAL EFFECTS: Potential positive impacts once developed. ALTERNATIVES: As suggested by the City Council. Respectfully submitted, Nardi A. Wilson James Patrick Senior Planner City Manager Report compiled: April 27, 2005 Providing Community Planning Assistance To: • City of Columbia Falls • City of Kalispell • City of Whitefish • Final Plat for Empire Estates Phase 3 April 27, 2005 Page 2 Attachments: Letter of transmittal Vicinity wrap Final plat Final plat application and supporting documents Tri-City Planning Office 17 Second Street East - Suite 211 Kalispell, Montana 59901 Phone: (406) 751-1850 Fax: (406) 751-1858 tricity@centu rytcl.net April 27, 2005 James H. Patrick, City Manager City of Kalispell P.O. Drawer 1997 Kalispell, MT 59901 Re: Final Plat for Empire Estates, Phase 3 Dear Jim: Our office has received an application from. Wayne and Hurbert Turner for final plat approval of Empire Estates, Phase 3 that plats 16 single --family lofts, 40 sublots for a total of 56 lots on approximately 10.915 acres. This subdivision is located on the east side of Stillwater Road north of Three Mile Drive. As required a minimum of two thirds of the required infrastructure has been constructed in accordance with City standards with the remaining improvements being addressed with a subdivision improvements agreement in the amount of $ 196,000 and a letter of credit in the amount of 125 percent or $246,000. It is anticipated that the improvements remaining will be completed by July of 2005 in accordance with the agreement. When the property was annexed into the city, the subdivision was given preliminary plat approval by the Kalispell City Council on July 7, 2003 subject to 18 conditions. The following is a list of the conditions of preliminary plat approval for this subdivision and a discussion of how they have been met or otherwise addressed. COMPLIANCE WITH CONDITIONS OF APPROVAL Condition 1. Development of the subdivision shall be platted in substantial compliance with the approved preliminary plat which governs the location of lots and roadways within the subdivision. This condition has been met. The subdivision is in substantial compliance with the approved preliminary plat. Condition 2. That the roadways serving the subdivision shall be constructed in accordance with the adopted Design and Construction Standards for the City of Kalispell for local streets. This condition has been met. A certification from WMW Engineering dated March 14, 2005 has been submitted with the final plat. Providing Community Planning Assistance To: City of Kalispell • City of Columbia Fails - City of Whitefish Final Plat for Empire Estates .Phase 3 April 27, 2005 Page 2 Condition 3. That a letter be obtained from the Kalispell Public Works Department approving the plans and specifications for water, sewer and drainage facilities for the subdivision. • This condition has been met. A letter from the Kalispell Public Works Department dated 3/25/05 approving the construction plans for the project has been submitted with the final plat. Condition 4. A letter from an engineer licensed in the State of Montana certifying that the improvements have been installed according to the required specifications shall be submitted at the time of final plat approval along with a letter from the Kalispell Public Works Department stating that the required improvements have been inspected and comply with the City standards. • This condition has been adequately addressed. A letter from WMW Engineering dated 3/ 14/05 certifying the improvements have been installed in accordance with the approved plans and specifications has been submitted with the final plat along with a subdivision improvements agreement to cover the remaining improvements. A letter from the Kalispell Public Works Department dated 3/25/05 approving the improvements to date has been included with the final plat application. Condition 5. Development of the landscape boulevard with location of street trees shall be placed in accordance with a plan approved by the Kalispell Parks and Recreation director. • This condition has been adequately addressed. A letter dated 3/ 10/05 approving the landscape plan has been submitted with the final plat. The cost of the improvements has been included in the subdivision improvements agreement. Condition 6. A storm water drainage plan which has been designed by an engineer licensed in the State of Montana shall be prepared which complies with the City's Design and Construction Standards and shall be reviewed and approved by the Kalispell Public Works Department. • This condition has been met, A letter from the Kalispell Public Works Department dated3/25/05 has been submitted with the final plat. Condition 7. That a developer funded traffic analysis be performed that assesses the impacts to all of the transportation systems in the immediate area under multiple jurisdictions with a single study done under the Montana Department of Transportations systems impact process through the Helena headquarters office. This would be a comprehensive review including, but not necessarily limited to system capacity, signal warxants and access issues for Three Mile Drive, Stillwater Road, the Bypass along with a_ review of impacts on Meridian Road and other local routes. All City policies and ordinances shall be met through this process. Final Plat for Empire Estates Phase 3 April -4 7, 200S Page a This condition has been met. A traffic impact analysis performed by Peccia and Associates was submitted with the final plat along with a letter from MDOT dated 1 / 13 / 04 addressed to Jim Hansz, City of Kalispell Public Works Director. The letter from MDOT prohibits access to the Kalispell Bypass. However, the first phase of this subdivision is not impacted by this report. See letter from Public Works dated 6 / 1 / 04 attached. Condition S. That the developer obtain a letter from the Flathead County Road Department approving the new intersections with Stillwater Road and the new internal subdivision roads and shall include a post construction inspection that certifies any necessary improvements have been made. This condition has been adequately addressed. A permit from the Flathead County Road Department dated 10/24/03 has been submitted with the final plat with the remaining work being included in the subdivision improvements agreement. Condition 9. That a minimum 20-foot buffer strip shall be established between. Three Mile Drive and Stillwater Drive and the subdivision that would include a bike and pedestrian trail and buffering in the form of a landscape berm or other acceptable landscaping. These improvements are to be coordinated with the Kalispell Public Works Department, Parks and Recreation Department and Flathead County. • This condition has been adequately addressed. The required buffer has been indicated on the final plat and the required improvements have been included in the subdivision improvements agreement. Condition 10. The road within the subdivision shall be named and signed in accordance with the policies of the Kalispell Public Works Department and the Uniform Traffic Control Devices Manual and be subject to review and approval of the Kalispell Fire Department. This condition has been adequately addressed. The road signs have been included in the subdivision improvements agreement. Condition 11. The developer shall provide a letter from the U.S. Postal Service approving the plan for mail service. This condition has been met. A letter from the USPS has been submitted with the final plat. Condition 12. That the parkland dedication requirements shall be one -ninth or 11 percent of the area in lots or 4.516 acres. The 1.748 park area as indicated on the plat will meet that requirement in part. The remaining 2.768 acres shall be addressed through cash in lieu of parkland in the amount of $15,000 per acre or $41,520 which shall be used for development of the park area coordinated through the Kalispell Parks and Recreation Department. Final Plat for Empire Estates Phase 3 April 27, 2005 Page 4 • This condition has been met. A pro-rata share of the cash in lieu of parkland requirement in the amount of $9,598 has been submitted with the final plat. Condition 13. A maintenance agreement for the park and common areas shall be included with the final plat. • This condition has been met. Maintenance of the common areas has been included with the homeowners association's bylaws. Condition 14. Street lighting shall be located within the subdivision and shall be shielded so that it does not intrude unnecessarily onto adjoining properties. • This condition has been adequately addressed. Street lighting has been included in the subdivision improvements agreement. Condition 15. That the lots within the subdivision be reconfigured so that all lots meet the minimum 50-foot lot width requirements of the R-4 zoning district and the minimum lot size requirements of 6,000 square feet exclusive of any easements. • This condition has been met. The lots in the subdivision comply with the R-4 zoning for the property. Condition 15. That a minimum of taro -thirds of the necessary infrastructure for each phase of the subdivision shall be completed prior to final plat submittal. With the filing of the final plat for each phase, an addition three-year extension shall be automatically granted for subsequent phases. • This condition has been met. Two thirds of the improvements have been completed with the remaining one third, primarily paving, sidewalks and landscaping has been included in the subdivision improvements agreement. Condition 17. All areas disturbed during development of the subdivision shall be re - vegetated with a weed -free mix immediately after development. • This condition has been adequately addressed. The revegetation of the disturbed areas has been included in the subdivision improvements agreement. Condition 18. That preliminary approval shall be valid for a period of three years from the date of approval. • This condition has been met. The final plat for Phase 2 has been submitted prior to the expiration of the preliminary plat. Final Plat for Empire Estates Phase 3 April 27, 2005 Paee 5 COMPLIANCE WITH APPROVED PRELIMINARY PLAT The final plat is in substantial compliance with the preliminary plat which was reviewed and approved by the City Council on June 7, 2003. COMPLIANCE WITH THE SUBDIVISION REGULATIONS: This subdivision plat has been found to be in compliance with the State and City Subdivision Regulations except as otherwise addressed by variance to the design standards for lots, Section 3.06 for through lots or reverse lots. COMPLIANCE WITH THE ZONING REGULATIONS This subdivision can be found to be in compliance with the Kalispell Zoning Ordinance and the R-4, Two Family Residential, zoning designation for the property which governs the dimensional requirements of the lots within the subdivision as well as the uses. RECOMMENDATION: All of the conditions of preliminary plat approval have been met or otherwise adequately addressed. The staff would recommend that the Kalispell City Council approve the final plat for Empire Estates Subdivision, Phase 3. Please schedule this matter for the regular city council meeting of May 2, 2005, Sincerely, 7444 �- �L Narda A. Wilson Senior Planner NW/ Attachments: Vicinity map Reduced plat showing subdivision 1 opaque mylars of final plat reproducible rnylar of final plat 1 copy of final. plat Ltr from Turners dated 3 / 15 / 05 Final plat application no date Ltr from MDEQ dated 10/7/03 Ltr from Kalispell Public Works Dept dated 3 / 25 / 05 Ltr from Public works dated 6 / 1 /04 Final Plat for Empire Estates Phase 3 April 27, 2005 Page 6 Ltr from Fire Department dated 3/ 14/05 Ltr from Kalispell Parks and Rec dated 3/ 10/05 Permit from Co Road Dept dated 10 / 24 / 03 Ltr from. LISPS no date Treasurer's certification dated 3/7/05 Title report dated 2/ 15/05 Consent to plat various dates Ltr from WMW Engineering dated 3/ 14/05 Subdivision improvements agreement no date Letter of credit for $246,000 from West One Bank dated 3/ 1 l /05 Utility documentation Cash in lieu of parkland check for $9,598 c: Sands Surveying, Inc., 2 Village Loop, Kalispell MT 59901 Wayne E. Turner, 3300 Huey 2 West, Kalispell, MT 59901 Theresa White, Kalispell City Clerk H:\...\KFP0407 EMPIRE ESTATES PHASE2 March 15, 2005 Narda Wilson, Senior Planner Tri-City Planning Office 17 Second Street East, Suite 211 Kalispell, MT 59901 RE: Empire Estates Phase 3 Dear Narda: 'attached please find the materials required for the review of Empire Estates, Phase 2 final plat. This was granted preliminary plat approval on July 7, 2003 and will expire on June 7, 2007. The following is the list of Conditions of Subdivision Approval and how each Condition was met. 1. Development of the subdivision shall be platted in substantial compliance with the approved preliminary plat which governs the location of lots and roadways within the subdivision. The final plat submitted for Phase 3 is in substantial compliance with the approved preliminary plat. 2. That the roadways serving the subdivision shall be constructed in accordance with the adopted Design and construction Standards for the City of Kalispell for local streets. Please refer to the attached letters from WMW Engineering and the City of Kalispell, Department of Public Works. 3. That a letter be obtained from the Kalispell Public Works Department approving the plans and specifications for water, sewer and drainage facilities for the subdivision. Please refer to the attached letter from Kalispell Public Works Department. 4. A letter from an engineer licensed in the State of Montana certifying that the improvements have been installed according to the required specifications shall be submitted at the time of final plat approval along with a letter from the Kalispell Public Works Department stating that the required improvements have been inspected and comply with the City standards. Please refer to the attached letters from WMW Engineering and Kalispell Public Works Department, 5. Development of the landscape boulevard with location of street trees shall be placed in accordance with a plan approved by the Kalispell Parks and Recreation director. Please refer to the attached letter from Mike Baker, Director of Kalispell Parks and Recreation. 6. A storm water drainage plan which has been designed by are engineer licensed in the State of Montana shall be prepared which complies with the City's Design and Construction Standards and shall be reviewed and approved by the Kalispell Public Works Department. Refer to letters from the Kalispell Public Works Department and the Department of Environmental Quality. 7. That the developer -funded traffic analysis be performed that assesses the impacts to all of the transportation systems in the immediate area under multiple jurisdictions with a single study done under the Montana Department of Transportation's systems impact process through the Helena headquarters office. This would be a comprehensive review including but not necessarily limited to system capacity, signal warrants and access issues for Three Mile Drive, Stillwater Road, the Bypass along with a review of impacts on Meridian Road and other local routes. All City policies and ordinances shall be met through this process. Please note that a copy of the traffic study was submitted with the final plat application for Phase I of Empire Estates. Please find enclosed copies of the recommendations of the traffic study and a letter from the City of Kalispell Public Works. a. That the developer obtain a letter from the Flathead County Road Department approving the new intersections with Stillwater Road and the new internal subdivision roads and shall include a post construction inspection that certifies any necessary improvements have been made. Refer to the attached copy of the approach permit for Empire Loop. A letter of Final approval by Charles Johnson, Superintendent of the Flathead County Road Department, will be provided upon completion of the approach. The SIA addresses approach completion. 9. That a minimum 20-foot buffer strip shall be established between Three Mile Drive and Stillwater Drive and the subdivision that would include a bike and pedestrian trail and buffering in the form of a landscape berm or other acceptable landscaping. These improvements are to be coordinated with the Kalispell Public Works Department, Parks and Recreation Department and Flathead County. This land has been set aside, please reference the face of the final plat. Construction of bike trail is included within the landscaping monies of the SIA. 10. The road within the subdivision shall be named and signed in accordance with the policies of the Kalispell Public Works Department and the Uniform traffic Control Devices Manual and be subject to review and approval of the Kalispell Fire Department. The roads have been named and signed accordingly. 11. The developer shall provide a letter from the U.S. Postal Service approving the plan for mail service. Please see the attached letter from Eldon Marvel, the Manager of Customer Services of the Flathead Station, LISPS. 12. That the parkland dedication requirements shall be one -ninth or 11 percent of the area in lots or 4.516 acres. The 1.748 park area as indicated on the plat will meet that rani timmranF in narf Thr� raenaininn 9 7f;f2 arrac chali ha a�ir�rccearl thrn� cnh t+�ch-in-[irai s Of parkland in the amount of $15,000 per acre or $41,520 which shall be used for development of the park area coordinated through the Kalispell Parks and Recreation Department. Parkland dedication has been met through a partial cash -in -lieu contribution or 16% of the total $41,520 due. Please find enclosed the check in the amount of $7000. Additional contributions will be made in future phases. 13. A maintenance agreement for the park and common areas shall be included with the final plat. Refer to the attached Homeowner's Association documents. 14. Street lighting shall be located within the subdivision and shall be shielded so that it does not intrude unnecessarily onto adjoining properties. The street lights will be installed by Flathead Electric Cooperative at the time the rest of the electrical service is installed. Currently this installation has bee paid for and the required conduit will be buried and approved. See the attached FEC receipt for payment conformation. 15. That the lots within the subdivision be reconfigured so that all lots meet the minimum 50 foot lot width requirements of the R-4 zoning district and the minimum lot size requirements of 6,000 square feet exclusive of any easements. This requirement has been met; please refer to the face of the final plat. 16. That a minimum of two-thirds of the necessary infrastructure for each phase of the subdivision shall be completed prier to final plat submittal. With the filing of the final plat for each phase, an additional three-year extension shall be automatically granted for subsequent phases. The Subdivision Improvement Agreement addresses the remaining 113 of the installation of improvements. 17. All areas disturbed during development of the subdivision shall be re -vegetated with a weed -free mix immediately after development. This is addressed within the landscaping portion of the SIX 18. That preliminary plat approval shall be valid for a period of three years from the date of approval. The preliminary plat is filed before the expiration deadline. Thank you for your kind attention to this final plat. Please feel free to call should you have questions, concerns or require additional information. Since cTl _ Hubert , . Turner APPENDIX E SUBDIVISION IMPROVEMENT AGREEMENT THIS AGREEMENT, made and entered into this day of , 2005, by and between the CITY COUNCIL, CITY OF KALISPELL, MONTANA, Party of the First Part and hereinafter referred to as the CITY, and Wayne E_ Turner (Nance of Developer) a Individual (Individual, Company or Corporation) located at 3300 Highway 2 West, Flathead County... Montana 59901 (Street Address/P. O. Box) (City, County, State, Zip) Party of the Second Part and hereinafter referred to as DEVELOPER. WITNESSETH: THAT WHEREAS, the Developer is the owner and developer of a new subdivision known as _ _ Empire Estates - Phase 3 (Natne of Subdivision) located at Section 1 Townshi 28 North Ran e 22 West, P.M.,M. Flathead Count (Location of Subdivision) and, 'WHEREAS, the City has conditioned it's approval of the final plat of _,___ Emigre Estates - Phase 3 upon the conditions as set forth in the Preliminary Plat of the Subdivision (Name of 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 rewire 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 sutra of $ 196,800 . 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 $ 246,000 . 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 $ 246,000 the estimated cost of completing the required improvements in Empire Estates - Phase 3 (Nanne 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 completer) by July l , 2005. 3. That upon completion of the required improvements, the Developer shall cause to be filed with the City a statement certifying that: a. All required improvements are complete; b. That the improvements are in compliance with the minimum standards specified by the City for their construction and that the Developer warrants said improvements against any and all defects for a period of one (1) year from the date of acceptance of the completion of those improvements by the City; c. That the Developer knows of no defects in those improvements; d. That these improvements are free and clear of any encumbrances or liens; e. That a schedule of actual construction costs has been filed with the City; and, f. All applicable fees and surcharges have been paid. 4. The Developer shall cause to be filed with the City copies of final plans, profiles, grades and specifications of said improvements, with the certification of the registered professional engineer responsible for their preparation that all required improvements have been installed in conformance with said 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 bey au�u yea; atercir'� u�iurc ivrittcii. _E moire Estates - Phase 3 (Name of Subdivision/Developer/Finn) by STATE OF MONTANA COUNTY OF FLATHEAD Developer (Title) On this day of , 2005, before me, a Notary Public for the State of Montana, personally appeared Wayne Turner , known to me to be the Developer. of __Empire Estates , whose name is subscribed to the foregoing instrument and acknowledged to me that helshe executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal this day and year first above written. Notary Public for the State of Montana Residing at My Commission Expires MAYOR, CITY OF KALISPELL ATTEST: MAYOR FINANCE DIRECTOR EXHIBIT B EMPIRE ESTATES PHASE 3 PROJECT CONSTRUCTION COSTS PAID FOR AND/OR TO BE COMPLETION IMPROVEMENTS COMPLETED COMPLETED DATE Sub -Grade Excavation $ 14,000 Road Base $ 30,000 $ 1,500 3/ Crushed Gravel S 0 $ 9,500 7/1/05 Curb/Gutter $ 0 $ 30,500 7/1/05 Water $ 79,250 $ 1,000 Sewer $ 64,050 $ 1,000 Storm Drainage $ 29,000 $ 1,000 Telephone $ 15,971 Power $ 42,632 Conduit $ 0 $ 24,000 7/1/05 Gas $ 24,866 Misc. Materials (Pipe, $ 115,000 catchbasins and appurtenances) Landscaping/Bike Path $ 9,900 $ 23,300 7/1/05 Paving $ 0 $ 47,600 7/ 1 /05 Sidewalks $ 0 $ 57,000 Signs $ 0 $ 400 7/1/05 TOTAL $ 412,069 $196,800 SU.MIV1ARY Completed To Date $ 412,069 To Be Completed $ 1 66.800 Total Project Cost $ 608,869 Percent Completed = 67.6% Total Collateral Required = 125% of $196,800 — $246,000 VVEST ONEK March 11, 2005 Irrevocable Letter of Credit No. 105 Wayne E. Turner Peggy B. Turner 3300 Hwy 2 West Kalispell, MT 59901 City of Kalispell 312 1" Ave E Kalispell, MT 59901 We hereby establish this irrevocable Letter of Credit in your favor for one or more drawings up to United States; $246,000.00. This Letter of Credit is payable at the West One Bank office at 222 W. Idaho, Kalispell, MT 59901, and expires with our close of business on February 1, 2..0.06 Each draft so drawn must be marked "Drawn under West One Bank, 222 W. Idaho, Kalispell, MT 59901, Letter.of Credit Number 4105 and accompanied by signed statements of the Kalispell City Attorney that Wayne E. & Peggy B. Turner have failed to honor their contractual agreement with the City of Kalispell. This letter of credit shall reduce proportionally with the water, sewer, utility and road improvements completed on the Empire Estates Subdivision. We hereby agree with you that all drafts drawn under and in compliance with the terms of this credit will be duly honored if drawn and presented for payment to our office, West One Bank, 222 W. Idaho, Kalispell, MT 59901. Sincerely, West C� an BY: Print Name: Rod Leese Its: President 222 W. IDAHO PO, BOX 7758 - KALISPELL, MT 59904-0758 Member ff TES , -9 40 -- - w w. w t p- ban k,com Tari-City Planning Office 17 Second St East, Suite 211 Kalispell, MT 59901 Phone: (406) 751-1850 Fax: (406) 751-18SS FINAL PLAT APPLICATION Project Name: EMPIRE ESTATES PHASE Contact Person: Owner & Mailing Address: Name: HUBERT TURNER WAYNE E. TURNER Address: 3300 HWY 2 WEST 3300 HIGHWAY 2 WEST KALISPELL MT 59901 KALISPELL MT 59901 Phone No.: 257-1682 ffLOMM 2610728 (CELL) Date of Preliminary Plat Approval: DULY 7. 2003 Type of Subdivision: Residential XX Industrial _Commercial _PUD Other No. of Lots Proposed 16 LOTS Parkland (acres) 40 SUBLOTS Land in Project (ac.) 10.915 Cash -in -Lieu Exempt FILLING FEE ATTACHED $2940.00 Minor Subdivision with approved preliminary plat Major Subdivision with approved preliminary plat Subdivisions with Waiver of Preliminary Plat Subdivision Improvements Agreement Not Attached Atop-licable (MUST CHECK ONE) `7 000 $300 + $30/lot $650 + $40/lot $500 + $30/lot $ 50 a= Health Department Certification (Original) Title Report (Original, not more than 90 days old) -XX— 'Tax Certification (Property taxes must be paid)l) XX Consent(s) to Plat (Originals and notarized) XX Subdivision Improvements Agreement (Attach collateral) art_ Parkland Cash -in -Lieu (Check attached) x� Maintenance Agreement �t Plats: 1 opaque CAR 2 Mylars I Mylar copy I signed blueline 4 bluelines 4 blu.elines, unsigned The plat must be signed by all owners of record, the surveyor and the examining land surveyor. Attach a letter, which lists each condition of preliminary plat approval, and individually state how each condition has specifically been met. In cases where documentation is required, such as an engineer's certification, State Department of Health Certification, etc., original Ietters shall be submitted. Blanket statements stating, for example, "all improvements are in place" are not acceptable. A complete final plat application must be submitted no less than 60 days prior to expiration of date of the preliminary plat. When all application materials are submitted to the Tri-City Planning Office, and the staff finds the application is complete, the staff will submit a report to the governing body. The governing body must act within 30 days of receipt of the revised preliminary plat application and staff report. Incomplete submittals will not be accepted and will not be forwarded to the governing body for approval. Changes to the approved preliminary plat may necessitate reconsideration by the Planning Board. I certify that all information is true, accurate and complete. I understand that incomplete information will not be accepted and that false information will delay the application and may invalidate any approval. The signing of this application signifies approval for Tri- City Planning staff to be present on the property for routine monitoring and inspection during the approval and development process. **NOTE Please be advised that the County Clerk and Recorder requests that all subdivision final plat applications be accompanied with a digital copy. O er(s) Signature **A digital copy of the final plat in a Drawing Interchange File (DXF) format or an AutoCAD file format, consisting of the following layers: 1. Exterior boundary of subdivision 2. Lot or parts boundaries 3. Easement 4. Roads or rights -Of -way 5. A tie to either an existing subdivision corner or a corner of the public land survey sytem As approved by the TCPB on 12/19/01 Effective 1/ 1/02 K Montana Department of ENmonwxTALQuAuTY .tudy Martz., Governor 109 Cooperative Way - Suite 105 - Kalispell, MT 59901-2389 - (406) 755-8985 - FAX (406) 755-8977 Paul L. Wells, P.E. October 7, 2003 WMW Engineering, PC 50 West Second Street Whitefish. MT 59937 RE: Empire Estates Water & Sewer Extensions and Sewer Lift Station, EQ#04-1543 Dear Mr, Wells: Plans and specifications for the above -referenced project have been reviewed by personnel with the Permitting & Compliance Division utilizing the certified checklist procedure for the water and sewer extensions and DEQ-2 for the sewer lift station. The plans and specifications are hereby approved with the condition as listed below. One set of plans and specifications bearing the approval stamp of the Department of Environmental Quality is enclosed. Condition: Provide a valve pit at the junction of the sewer force mains on Three Mile Drive. Install check valves up -stream of the junction on both lines with two shut-off valves for each check valve. Approval is based on plans and specifications received October b, 2003 under the seal of: Paul L. Wells, P.E. # 7378E. 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 system. ['entryiized Services Division a Enforcement Division -Permitting & Compliance Division - Planning, Prevention & Assistance Division � Remediation T3ivision RE: Empire Estates Water & Sewer Extensions and Sewer Lift Station, EQ#04-1543 Please be aware that this project may need a storm water general permit. Please contact die Water Protection Bureau at 406-444-3080 for more information. S i-icerely alter a er, Environmental Engineer Specialist PWS/ Permitting & Compliance Division cc: Wayne T'umer City of Kalispell, Department of Public Works Flathead County Sanitarian. File City of Kalispell Public Works DepartmiC-,,nt Post Office Box 19979 Kalispell, Montana. 59903-1997 ® Tejepho (406)75-77,20, FAN (406'758-783 1. March 25, 2005 Wayne E. Turner 3300 Highway 2 West Kalispell, Montana 59901 Re: Empire Estates, Phase III Gentlemen: The City of Kalispell Public Works Department hereby approves the existing, completed improvements except those listed in the Subdivision Improvement Agreement, Exhibit B, for the referenced subdivision. Approval by the City of Kalispell for the City owned and maintained improvements is granted based on the following: 1. WMW Engineering, PC, letter certifying that the improvements within the referenced subdivision have been inspected and installed in accordance with the City of Kalispell standards and the approved plans and specifications. 2. Our video records of the sanitary sewer system. 3. Receipt of a Subdivision Improvement Agreement which contains the total estimated construction costs plus 25 percent covering the estimated costs for the remaining infrastructure improvements. The Subdivision Improvement Agreement is certified by Paul L. Wells, P.E., to being an accurate accounting of anticipated cosh for the remaining improvements. The one year warranty period for the City owned and maintained existing, completed improvements will commence on March 25, 2005. The one year warranty period for the remaining construction will commence upon acceptance by the City of the completed constructed improvements in accordance with approved plans and specifications. If you have any questions, please do not hesitate to contact this office. Sincer lye /Z �- Frank Castles, P.E. Assistant City Engineer Cc: Narda Wilson, Senior Planner Tri-City Planning Office 35 1s Ave East — P 0 Box 1997 — Kalispell MT 59903-1997 Phone: (406) 758-7718 Fax; (406) 758-7719 Email: parknrec@katispell.com March 10, 2005 Mr. Hubert Turner 3300 Hwy 2 west Kalispell MT 59901 Re: Empire Estates Phase III Landscaping Dear Hubert: If reference to your letter dated March 7, 2005, regarding the assessment for improvement costs for boulevard trees, seeding of boulevards and the bike trail in the amount of $23,300 is an accurate estimate and approved by this department. If these improvements have not been installed by final plat, please be aware they need to be bonded for at a rate of 125%. Tri City Planning can further advise you on this process if you desire. If you have any concerns or questions please give me a call. Since ely, i 11icha er, D�iirector FLATHEAD CC)iJIM ACH FERMIT Yerrait NO. (Insert Nature of Permit) ne of App i i can4t or Pus i tress: Phone NTo . g2 Ma i 1 ing Address: J am} �`/✓�/ .,f 6✓r� ff lincluu City, State and 'Zip Code 3. Property Address of approach. , 'At 4. Area Zoning Regulations: Yes No It yess,t tech Re rations and Classifi- cations. FRS Repr eserita t ive S i c-inatt re and Date: dy►� - i. Section Township Range 6. For how long a period is the permit desired: _�� � ,Remarks F,q F,c.L ruts V 3. Permittee may be .required, as cutlined in Folic: Booklet, to obtain bonding in. both ryes; (Flathead Cotuity Road Department "or" applicant) , for assurance of construction repairs, also to pay c sary recording fees, if re _uirea. Application F'ee: Check No. Receipt No. � 2.3. Name of Surety Co;-44�&I-Iy : Type of Surety: No. _ Amt. S g. Ioca.tion must be flagged with address posted for pre -construction inspection. IVY . Reseed; All r i ght-of--wa.y disturbed by the utilization of this approach must be reseeded according to the specifications of the Flathead County Deed Dept. Contact Weed Department for area information acid specifications. 11. APFFROV-M AFPRQAC'H PERRITS: Please see the attached s'�eets for requirements. I Read De rtment is to be notified upon completion of work, for scheduling of iisl�ctioii. - SIhUt�`-IONS C E�� �I� CASE OF THIS Applicant will complete this foam and transmit it to the Flathead County Road fit. This application is for all approaches on or tnru County right-of--v�wi . When applicant k'ias signed both sides of application and application is approved., a copy will be made available to applicarkt )see .reverse Fide) . PER%3I'I'i.'EE C ' ' MAD DEPI' . BOARD OF CrMUSSIONERS icant r bior' e Representative atairman Date Applicant Title --"4j . Date Commissioner Date Date Approve -Post insPect ate C`om:Ilissioner Date R ' Cite of Kalispell Public Works Department - Post Office Box 1997. Kalispell_ Monlwia 59903-199 i - Telephone (40 )758-77Z(i, Fax (06)758-7831 June 1, 2004 Tri-City Planning Office 17 Second Street East --- Suite 211 Kalispell, Montana 59901 Via fax: 751-1858 Attention: Narda Wilson, Senior Planner RE: Traffic Impact Study Empire Estates Subdivision Kalispell, Montana Dear Narda, We have reviewed the referenced study and concur with the recommendations found on Page 11 of the study. Attached is a copy of the recommendations found on Page 11. If you have any questions, please do not hesitate to contact this office. Sinter y, Frank Castles, P.E. Assistant City Engineer Cc: Mayne Turner Traffic Impact Study Empire Estates Subdivision -Robert Peceia & Associates Kalis ell, hkwana Au ust, 2003 existing problems are occurring along Meridian Road. These problems will be corrected once the road is reconstructed in 2006-7. • Traffic from the proposed subdivision will not significantly effect the delay at any intersection within the area. • None of the accesses to the development will require additional left-.tum lanes to improve capacity or safety • Once the northeast corner of the property is constructed (Phase 4), a right -turn deceleration lane may be needed at the intersection of Three Mile Drive and North Riding Road. X. RECOMMENDATIONS The following recommendations are provided to help ensure that the proposed development functions with minimal impacts within, as well as around, the area. • Within the development .Empire Drive, TE11 Drive, and Trump Drive will function as a collector routes. For this reason all intersection approaches to these two streets should be controlled by STOP signs on the minor legs. • At the three access roads, vehicles entering the development should have. unrestricted A• 4L1UL' a_ _ ,31U 1 _1____1.3 L_ _� _3___— T'7__ IZIovG Rent, t�L tliGNG 1Vi�[LLli3rl� �?i Vi 11 I1S 11UU1L1 1JC erecU;U along, Gillplic 1Jllm. • Access to the northeast corner of the property should be provided though a "yet to be detern fined" road that connects to North Riding Road. • At all locations where the pedestrian path crosses a roadway, the crosswalk should be signed and marked with pedestrian crosswalks on the pavement. • Stillwater Road should be improved to include centerline and shoulder striping. Speed limit signs should be erected at both ends and near the southbound approach to the development • Construct a right -turn deceleration lane at the intersection of Three Mile Drive and North Riding Road after Phase 4 reaches full build -out. M KALISPELL FIRE DEPARTMENT Randy Brodehl - Fire Chief Jim Stewart - Assistant Chief/Prevention March 14, 2005 Hubert Turner 3300 Highway 2 West Kalispell, MT 59901 Re: Final plat approval — Empire Estates, Phase III Dear Mr. Turner, 312 First Avenue East Kalispell, Montana 59901 (406) 758-7760 FAQ . (406) 758-1952 In response to your request for approval of the above -referenced project, our department approves final plat for Empire Estates Phase III, with the following information and conditions. • Fire hydrant locations, fire flows, and fire department access are approved by this department. • As we discussed, street name signs are required to be installed prior to combustible concur ►rtirin Please contact me if you have any questions. Sincerely, Jim Stewart Assistant Fire Chief/Fire Marshal Kalispell Fire Department cc: Narda Wilson, Tri-City Planning Office "Assisting our community in reducing preventing, and mitigating, emergencies, " FLATHEAD STATION 248 FIRST AVENUE WEST KALISPELL MT 59101-9998 October 1, 2004 To: Kalispell City Planning Board RE: Empire Estates To whom it concerns: The above referenced project has been reviewed. A suitable lDcation for mail delivery has been established . Centralized boxes will be installed at suitable locations in turnout areas for the carrier to service these boxes. The developer will be responsible for purchasing the CBUs. If you have any questions please feel free to call me at (406) 755-0187. Sincerely yours: U- rkl Elden Marvel Manager Customer Services (406)-755- 0187 Fix: (4'fl-755-0376 Plat Room Flathead County, Montana 800 S. Main St. Kalispell, MT 59901 (406) 758-5510 This Form is for Subdivisions & Condominiums Only BY: FOR: DESCP: -' YEARS ASSESSOR # 2000 THRU - L �I _ & TO DATE DATE' PURPOSE /s o i hereby certify that there are no outstanding taxes on the property assigned the assessor numbers listed above, for the years indicated for each assessor number. Deputy Treasurer (seal) WMWENGINEERiNG, PC PC7U! WeES, RE Principal Engineer March 14, 2005 Mr. Frank Castles, PE City of Kalispell PO Box 1997 Kalispell, Montana 59903-1997 Re: Empire Estates Subdivision, Phase 3 Dear Frank, Consultvq Engh eers 50 modest Second Street Whitefish, Montana 59937 ;hone (406.1862-7826 Fax ;406) 862- 827 The purpose of this letter is to obtain approval from the City so a Subdivision Improvement Agreement can be completed. Be advised that a portion of Phase 3 of Empire Estates as per the attached Exhibit B has been installed in substantial compliance with the approved plans. Final completion of the road sub -base, water, sewer, and storm drainage will be done as warp progresses in the spring. A Subdivision Improvement Agreement with the Exhibit B will be submitted to Council to cover the completion and installation of the remaining items. Included with this letter are copies of bacteriological water samples and water and sewer testing results for lines installed on Carnegie, Vanderbilt, and Rockefeller. Compaction test results and record drawings will be submitted following completion of the project. cc. Wayne Turner CenturyTel of Montana, Inc. dba CenturyTel Agreement for Subdivision Telephone Facilities THIS AGREEMENT, made, January 4, 2005 by and between CenturyTel of Montana, Inc. dba CenturyTel, with its principal place of business in Kalispell, Montana located at 290 Worth Main hereinafter referred to as "The Company," and Wayne Turner or Hurbert Turner hereinafter referred to as "Developer"; RECITALS: I . Developer is in the process of subdividing and developing property or has subdivided and developed property, which property is hereinafter referred to as "Project", and will be or is offering lots or portions of the Project for sale or lease. 2. Developer is desirous of making the necessary arrangements for the installation of telephone facilities to serve the. Project and the various portions thereof. 3. The Company is agreeable to install telephone facilities in the Project and the various portions thereof, subject, however, to the terms and conditions as hereinafter set forth. The parties agree as follows: 1. INSTALLATION OF FACILITIES: The Company agrees to design and install telephone facilities in the Project located in Flathead County, State of Montana, and known. as Empire Estates Phase Ili telephone service to subscribers in the Project as the lots and portions of said Project are developed and sold or leased. 2. ADVANCE: Promptly upon the execution hereof, Developer shall pay to The Company as an advance against The Company's cost the sum of $15971 25 which is the estimated cost of design, purchase, and installation of such telephone facilities. If multiple visits are required due to customer caused delays, an additional charge of $200.00 per visit will apply. Upon completion of such installation and a determination of the actual cost thereof by The Company, the Developer shall within ten (10) days after written demand on the Developer by The Company pay to The Company an additional amount not to exceed 10% of the estimated cost if the actual cost is greater than the estimated cost. The Developer shall be entitled to a reimbursement of the difference if the actual cost, as finally determined by The Company, is less than the sum herewith as the estimated cost. 3. REFUNDS: (a) Developer shall be entitled to a refund from The Company of $234.87 for each lot or portion of the Project connected to The Company's facilities for telephone service to a subscriber within the period of five (5) years from the date of which the facilities to be installed by The Company under the terms of this Agreement are completed. It is specifically understood and agreed that the installation of the facilities contemplated hereunder do not include the services rendered to a subscriber. If an adjustment of cost is made in accordance with the terms of Paragraph 2 of this Agreement, the refund shall be adjusted accordingly based on the actual cost of the design, purchase and installation to The Company. It is understood and agreed that the amount of refund is determined by dividing the sum paid to The Company under the terms of Paragraph 2 of this Agreement by 68 Lots* in the Project. **''See Attachment. (b) Such refund shall be paid to the Developer each year for all lots and units connected during the previous calendar year. No interest shall be charged or paid on any payments made by the Developer to The Company or on any refunds due Developer by The Company.. All refund requests must be submitted to CenturyTel each year between January I and February 15, within the five (5) year refund period. (c) Developer shall not be entitled to any refund for lots or units conmected after expiration of the five (5) year period described in Paragraph 3 (a) of this Agreement, and any unrefunded portion of said cost referred to in Paragraph 2 shall become the property of The Company free and clear of any claim of the Developer. K:',NETWORKCiVII,.ATC_LE_SUBD'..SUBDIVISIOE,'SISUBD 7,01,4TRACT$c20u5 CONTIACs 5`.hiT COiZTRACT%Fic9P3RE ESTATES P`'- 1N DOS 4. RIGHT OF WAY AND TRENCHES: Developer shall provide at no cost to The Company appropriate utility rights of way by dedicating, strips or easements for the installation of The Company's facilities, such rights of way or easements to be dedicated or conveyed in a form acceptable to The Company. Such rights of way shall be graded to semi -finished grade by, or at the expense of, the Developer prior to the trenching or installation of The Company's facilities hereunder. Developer may provide, with the consent of The Company, all trenching, excavation and back filling necessary for the proper installation of The Company's facilities, at no cost to The Company, and in accordance with the specifications to be furnished by The Company. 5. DAMAGES TO FACILITIES: Developer agrees to comply with all the Statutes of the State of Montana or any agency or municipality having jurisdiction thereof relating to any excavation, trenching and back filling necessary and proper for the installation of The Company's facilities. Developer shall pay The Company for any damage caused to The Company's facilities by Developer or any of Developer's contractors or subcontractors, and Developer shall hold The Company harmless from any and all damage, liability, cost or expense of whatsoever nature resulting from any damage caused to The Company by Developer or any of Developer's contractors or subcontractors. Such damage shall be paid promptly by Developer to The Company at such time as The Company has determined the amount of damage sustained by The Company under the terms of this paragraph. b. REGULATORY JURISDICTION: This Agreement, the obligations of The Company hereunder, and all telephone service to be provided by The Company in con,-nection hereunder, shall be subje t to the rules, regulations and orders of any regulatory agency having jurisdiction thereof, and the rates; rules and regulations of The Company's tariffs as now or hereafter filed with the regulatory authorities with whore such tariffs must be filed. 7. SUCCESSORS: The rights and obligations of this Agreement shall inure to the benefit of and be binding upon the respective heirs, administrators, executors, successors and assigns of the parties hereto, provided, however, that no assignment of any of Developer's rights of obligations hereunder, or any portion hereof, shall become effective with out the prior written consent of The Company 3©�s after the receipt of your payment and signed contract before we will begin construction. IN WITNESS HEREOF, the parties hereto have caused this Agreement to be executed as of the day and year first herein above written. "Developer to provide all trenching and conduits at road crossings and for future extensions. COMPANY: CenturvTel of Montana. Inc. dba CenturvTel By: Jeremy Fearlcin ---- General Manager By: (Owner / oper) Date: K':NETVVORKt31VII?ATC_LE_SUBOISUBDIVISEONSZUB©CONTRACTS'2C05 CONT24CTS\MT CONTRACT,EMPtRE ESTATES FH IiLDOC N---,--.,,-.-,1a--AhWesteni Energy WAYNE TURNER 3300 US HIGHWAY 2 W KALISPELL MT 59901 Customer Contact: Customer Number: 1033246 Kalispell Office PO BOX 9888 Kalispell MT 59904 Phone: 406-751-2210 Fax. 406-751-2224 \o . o') �r Quotation Quotation No. 20015697 Document Date 02/08/2005 Payment Terms Payable upon receipt Service Order No. 23083777 Quotation Valid To. 05/31 /2005 Item Material Description Quantity Unit Price Amount Gas main to Empire Estates Phase 3 - KAL o010 1228 (Adv. Rule 6-2) Gas Main Res Price - Labor & Materials 19,128.00 Tax adder 5,738.40 ---------------------------- Subtotal 24,866.40 ---------------------------- Total Amount... 24, 866.40 Please contact HONETTE HAEGELE at 406-751-2210 if you have questions regarding this quote. TURNER CONSTRUCTION ACCOUNT 1 142 P. O. SOX 1858 BIGFORK, MT 59911 93-121/929 X` a2 Date `M 0a�` 5 V . Movnt�itt P:O: Box 1440 • Bl9f0*, h 5 11 M ry N• 408-&3714{itt 1.5._rt9 _ . ,.0 Y: x _ 1:0929012i41: 910043&Sill' 1142� 4 F.E.C. 'Nark Order CO, t EMPIRE ESTATES PHASE 3 Account hl N/A Staked By: stun Staked Date: 12/21/2004 Amount Pd: By: Date: Check #: Amount Pd: By: Date: Check #: New Ulra<its Unit Description Quantity Labor Cost MatertalC©st 10QWST LIGHT, 100W MPS STREET (FLAT) 6 $774.65 $479.91 M2-11 GROUND, POLE 2 $116,20 $12.90 M26-5AL STREET LIGHT ALUM. POLE 6 $774.65 $2,276.58 PR1528 1/0 STR. 220MIL 15KV URD 2,589 $2,339,84 $4,659.42 SEC450 12/2 OF 313 $113.15 $59.69 SEC557 350 MCM USE TPX 3,057 $4,894.10 $4,842.90 UA-213 RISER, SINGLE W/ BRKT. 2 $981.23 $483.73 LIFER UFER GROUND 8 UG7S400 100KVA TRANS. ASSY. URD 8 $3,408.47 $9,142.86 UK5 SECONDARY PEDESTAL W/ 3 CONN. 33 $4,260.59 $3,496.85 UM50-M-1 1 " MBR CONDUIT 313 UM50-M-3 3" M13R CONDUIT 5,646 UM6-1 ELBOW 15KV 14 $1,265.27 $310.38 UM6-10 GRID. PROT. CAP 15KV (N.O.I.) 1 $6.46 $9.27 UM6-34 ELBOW/ARRESTOR 3 $271.13 $190.50 UM6-4-80 FAULT INDICATOR 80A 5 $484.16 $480.62 UM6-5 FEEDTHRU-ROTATABLE 15KV 2 $180.75 $290.75 UR2-3-MBR MBR SEC. TRENCH 39 UR2-MBR MBR TRENCH 8 Crew Hours: 462 S 19,870,64 $26.7 36.38 Construction Cost: $46,60T03 General Overhead: $6,991.05 Transportation $3,029.46 Engineering: $1, 631.25 Additional FEC Costs: $0.00 Explanation: TOTAL COST: 558,259.00 FEC Transformer Contribution $15,626.41 FEC New Service Allowance $0.00 Additional FEC Allowance: $0.00 Explanation: Deposit Paid: $0.00 TOTAL ALLOWANCE: $15,626.41 Note: FEC provides all transformers and teeters free of charge TOTAL DUE: $42,632.00 CREDIT/DEPOSIT INFORMATION No Deposit Remiirorl 2 Re ! TURNER CONSi RUCTION ACCOUNT l p. O. BOX 185G BIGFOF[K, MT 59Si1 per c -- Mky Mountain �/►a BIGFQRK p,p, Bpx 1440 • Bfgfark, MT 59911 4II6 837 1400 FQi_.-. .•no scan 1 p Ltx 9 100436511' 1133 98-1 Z 11929 _ efr iai2 �f2GXz 44 CONSENT TO PLATTING Pursuant to Section 76-3-612, MCA 1979, the undersigned, NORTHWEST FUNDING, LLP, whose address is POB 1.856, Bigfork, MT 59911, ESSEX VENTURES, LLP, whose address is 81665 Highway 83, Bigfork, MT 59911, THOMAS H. BOONE, TRUSTEE OF THE BOONE KARLBERG EMPLOYEES PROFIT SHARING TRUST, whose address is c/o First Interstate Bank Trust Department, POB 4667, Missoula, MT 59806-4667, ROBERT MCCLAIN and RONI MCCLAIN, joint tenants with right of survivorship, whose address is 1.95 Golf Terrace, Bigfork, MT 59911., WEEKS ALASKA COMMUNITY PROPERTY TRUST, whose address is 1629 W. 111h Avenue, Anchorage, AK 99501, WILLIAM W. VEAZEY, whose address is 2710 Bent Tree Way, Minnetonka, MN 55305, JIM FERGUSON, whose address is POB 15, Dayton, MT 59914, and THE SUZANNE and DAVID PETERSON FOUNDATION, whose address is 229 Mansion Heights, Missoula, MT 59803, hereby consents to the Platting of a tract of land to be known and named as the Empire Estates subdivision thereof the following described property: PARCEL 1: The West I4alf of the Southwest Quarter (Wl/2SW1/4) of Section 1, Township 28 North, Range 22 West, Flathead County, Montana. EXCEPTING THEREFROM that portion deeded to the State of Montana, State Highway Commission, by Bargain and Sale Deed recorded December 1, 1955, in Book 383, ]'age 212, as Doc. No. 8196, records of Flathead County, Montana. IN WITNESS WHEREOF, said party has caused their name to be subscribed hereto on this l 11 ` ay of October, 2004, NORTHWEST FUNDING, LLP 13y' Date: 1, e h. Burringion Its: Partner ESS V NTURES,LLP f By: Date: ennis G. Mine or Its: P - r o ' Attorn BO BERG EMPLOYEES PROFIT SHARING TRUST By: BOA Fate: /�/ - ? ©t� c,.L is G. inemy r I4E(C orney RC DateA \� R I Mt�CLAIl! (g Date: WE LASKA COMMUNITY PROPERTY TRUST By: "1 - Date.. f Jr/ i-/ ayoy _ ennis '. Mine er Its: or o Attorne W LIAM W., VEAZEY .v' . a ram..._. 1'f6/4 tL lc�) t4 Deg is G.. inemyer, Power of Attorney J RGUSON Date: By: euni U. Man nyer, Power of Attorney TH=,- E and DAVID PETERSON FOUNDATION By: _ .. / Date: / 0 � 1, / 0 . De<Ris G. Minemye Its: Power f A orney STATE OF MONTANA ss County of Flathead tL Ub- �>r This instrument was acknowledged before me on the /) day of March, 2004, by Lee E. Burri.naon, partner of NW Funding. LLP, on behalf of the limited liability bartnership. (StL�, {1TARt �� Notary Public fo A e Suite ofontana Printed Name- Si .t Residing at: l I Lv i My Commission Expires: STATE OF IMON`l`ANA ss County of Flathead This instrument was acknowledged before me on the /�2 day of -March, 2004, by Dennis G. Minemyer, Power of Attorney for Essex Venture, LLP, on behalf of the limited liability partnership. S 'TAR1,4 / Notary Publ' o he State of Montana --- Printed Name: CPp SF'AL Residing at: My Commission Expires: / / /20 G/ Page 2 of 2 STATE OF MONTANA ) ss County of Flathead ) This instrument was acknowledged before me on the l day of Ma dl , 2004, by Dennis G. Minemyer, Power of Attorney for Boone Karlberg Employees Profit Sharing Trust, on behalf of the trust. LV ULdl,y L UU1J.l; lUl":'L11C 0VULC VL LY.LU11Li11LYA Printed Name: 4 L-V d t. J a G1 �1 i Residing at: °` t C �'1� ,' P ki My Commission Expires: _3/ i 5J )20 � STATE OF MONTANA ) ss County of Flathead ) This instrument was acknowledged before me on the day of March, 2004, by Roni McClain and Robert McClain. Notary Public for the State o Montana Printed Name: Residing at:___,._. My Commission E ires: / 15`/20A STATE OF MONTANA ss County of Flathead ) -�. Cic�crj�=tom This instrument was acknowledged before me on the day of March, 2004, by Dennis G. Minemyer, Power of Attorney for Weeks Alaska Community Property Trust, on behalf of the trust. d� . 1=1 -Y JU</%%I %.Em- tttrtl�QF MO����� STATE OF MONTANA ) : ss County of Flathead ) ,r / Notary Public e fate of Montana Printed Name:: ✓� Residing My Commission Expires: �� - /20 0 K This instrument was acknowledged before me on the day of �MaT&, 2004, by Dennis G. Minemyer, Power of. Attorney on behalf of William W. Veasey. S Notary Public f®r,{he State of Montana printedNamo (P Sf�i�4 ��t� Residing at: /')IL y- 0 i- t A My Commission Expires: /- �' /20 L MO?..� Page 3 of 3 STATE OF MONI'ANA ) ss County of Flathead. ) �. (()c This i.nstr.ument was acknowledged before me on the � � day oi.March, 2004, by Dennis G. Mi nemyer, Power of Attorney on behalf of Jim Ferguson. (SEAL) ' ,, S'7:AR% 92 % Notary Publi £ r t State of Montana • V 1 Printed Name Residing at: tiY t'/d i 1, �� :S AL �R My Commission Expires. 1 / 5l20 7' STATE OF MONTANA ss County of Flathead ) This instrument was acknowledged before me on the L day of-M,,,,,h, 2004, by Dennis G. Minemyer, Power of Attorney for The Suzanne and David Peterson Foundation, on behalf of the trust. (SEAL) Notary PubhaZVI e 6tateof Montana Printed Name�Residing at:/ c9�?r dye i� CAW SEAL �4 � My Commission Expires: _?3 1�120 ��� -OF MQ��P^,�' Page 4 of 4 FILE NO.: CT-84490 CT-84490 H-359049 FEE: $125.00 SUBDIVISION OR PROPOSED SUBDIVISION: Empire Estates, Phase 3 SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE LINTS OF LIABILITY, AND OTHER PROVISIONS OF THE CONDITIONS AND STIPULATIONS HERETO ANNEXED AND MADE A PART OF THIS GUARANTEE, FIRST AMERICAN TITLE INSURANCE COMPANY, A CORPORATION, HEREIN CALLED THE COMPANY GUARANTEES: Sands Surveying FOR THE PURPOSE OF AIDING ITS COMPLIANCE WITH FLATHEAD COUNTY SUBDIVISION REGULATIONS, IN A SUM NOT EXCEEDING $5,000.00. THAT according to those public records which, under the recording laws of the State of Montana, impart constructive notice of matters affecting the title to the lands described as follows: A tract of land, situated, lying, and being in the Southwest Quarter of the Southwest Quarter of Section 1, Township 28 North, Range 22 West, P.M.M., Flathead County, Montana, and more particularly described as follows to wit: Beginning at the Southwest corner of the Southwest Quarter of Section 1, Township 28 North, Range 22 West, P.M.M., Flathead County, Montana, which is a found aluminum cap on the centerline of a 60 foot road known as Stillwater Road; thence along the West boundary of said SWI/4 and along said centerline North 00'46'33" East 1032.40 feet to the South boundary of the Plat of Empire Estates Phase 2 (records of Flathead County, Montana); thence leaving said centerline and along said South boundary South 89'13'27" East 200.00 feet to a found iron pin on the east R/W of a 60 foot road known as Empire Loop; thence along said R/W North 00°46'33" East 33.26 feet to a found iron pin; thence leaving said R/W North 89'35'50" East 100.56 feet to a found iron pin; thence along and leaving said boundary South 00'46'33" West 119.36 feet to a set iron pin; thence South 29'23'10" East 68.59 feet to a set iron pin; thence South 00'46'33" West 180.76 feet to a set iron pin; thence South 00`05'01" East 60.00 feet to a set iron pin; thence South 00°46'33" West 179.40 feet to a set iron pin; thence South 00`34'49" East 60.00 feet to a set iron pin; thence South 00'46'33" West 88.47 feet to a set iron pin; thence North 89'35150" Esat 297.38 feet to a set iron pin; thence South 00°46'33" West 88.47 feet to a set iron pin; thence North 89'35'50" East 161.23 feet to a set iron pin; thence South 00`24'10" East 225.00 feet to the South boundary of said SWI/4; thence along said South boundary South 89°35'50" West 800.564 feet to the Point of Beginning. Continued... FILE NO.: CT-84490 PAGE 2 H 359049 The above -described tract of land is to be known and designated as: F�:ftpire Estates, Phase 3 (1) Parties having record title interest in said lands whose signatures are necessary under the requirements of Flathead County Subdivision Regulations on the certificates consenting to the recordation of Plats and offering for dedication any streets, roads, avenues and other easements offered for dedication by said Plat are: Wayne E. Turner, vested party; Northwest Funding, LLP, a 45.45% undivided interest, Essex Ventures, LLP, a 20.00% undivided interest, Thomas H. Boone, Trustee of The Boone Karlberg Employees Profit Sharing 'Trust, a 7.28% undivided interest, Robert McClain and Roni McClain, joint tenants, a ,28% undivided interest, Weeks Alaska community Property Trust, a 7.28% undivided interest, William W. Veazey, a 5.45% undivided interest, Jim Ferguson, a 3,63% undivided interest, and The Suzanne and David Peterson Foundation, a 3.63% undivided interest, as beneficiaries (2) Parties holding liens or encumbrances on the title to said lands are: 1. General and special county taxes for the year 2005, a lien not yet payable. NOTE: General and special county taxes for 2004 and all prior years have been paid in full. (AFFECTS: Premises and other property) 2. Mortgage dated July 28, 2003 to secure axi indebtedness in the principal sum of AMOUNT $2,750,000.00 RECORDED July 28, 2003, as Doc. No. 2003-209-16560, records of Flathead County, Montana. MORTGAGOR Wayne E. Turner, also known as Wayne Everett Turner MORTGAGEE Northwest Funding, LLP, a 45.45% undivided interest, Essex Ventures, LLP, a 20.00% undivided .interest, Thomas H. Boone, Trustee of The Boone Karlberg Employees Profit Sharing Trust, a 7.28% undivided interest, Robert McClain and Roni McClain, joint tenants, a 7.28% undivided interest, Weeks Alaska Community Property Trust, a 7.28% undivided interest, William W. Veazey, a 5.45% undivided interest, Jinn Ferguson, a 3.63% undivided interest, and The Suzanne and David Peterson Foundation, a 3.63% undivided interest AFFECTS : Premises and other property Continued... FILE NO.: CT-84490 PAGE 3 H-359049 (3} Easements, claims of easements and restriction agreement of record are: 1. Water Well Agreement upon the terms, conditions and provisions contained therein: DATED : October 26, 1903 PARTIES : Richard M. Asher and H. H. Dingman RECORDED: October 17, 1907, in Book 90, Page 131, as Doc. No. 4219, records of Flathead County, Montana. 2. County road rights -of -way not recorded and indexed as a conveyance in the office of the Clerk and Recorder pursuant to title 70, chapter 21, M.C.A. 3. Possible easement created by Permit to Appropriate Water by and between the State of Montana Water Resource Division and Paul Grosswiler, dated December 7, 1979 and recorded December 31, 1979, in Book 685, Page 512, as Doc. No. 19911, records of Flathead County, Montana. 4. Petition To Annex And Notice Of Withdrawal From Rural Fire District executed by Wayne E. Turner, recorded July 14, 2003, as Doc. No. 2003-195-11400, records of Flathead County, Montana. 5. Resolution No. 4805 executed by the City of Kalispell for annexation, recorded July 14, 2003, as Doc. No. 2003-195-11410, records of Flathead County, Montana. 6. Declared County Road (3 Mile Drive) as depicted on the proposed Plat of Empire Estates Phase 3. 7. Declared County Road (Stillwater Road) as depicted on the proposed Plat of Stillwater Estates, Phase 3. 8. Utility Easement Certificate as recited on the proposed Plat of Empire Estates, Phase 3. 9. Landscape Buffer, Utility easements and Drainage easements as depicted on the proposed Plat. of Empire Estates, Phase 3. 10. Articles of Incorporation of Einpire Estates Homeowner's Association Inc., recorded June 9, 2004, as Doc. No. 2004-161-12130, records of Flathead County, Montana. 11. ByLaws of Empire Estates Homeowner's .Association, Inc., recorded June 9, 2004, as Doc. No. 2004--161-12160, records of Flathead County, Montana. Continued... FILE NO.: CT-84490 PAGE 4 H-359049 12. Covenants, conditions and restrictions, recorded June 9, 2004, as Doc. No. 2004-161-12160, records of Flathead County, Montana, but deleting any covenant, condition or restriction indicating a preference, limitation or discrimination based on race, color, religion, sex, handicap, familial status, or national origin to the extent such covenants, conditions or restrictions violate 42 USC 3604 (c) . 13. Condition on the plat which states the following: "Lots 1, 2, 21, 22, 23 and 24, Block 3; Lots 1, 2, 25 and 26, Block 4, Lots 1, 2, 25 and 26, Block 5; Lots 1 and 2, Block 6 are to be used for single family residence only." 14. The above described property is located within and subject to the jurisdiction of the City of Kalispell E DATED: February 15, 1005 at 8:00 A.M. Subscribed and sworn to before me this T. W. GiG" =s� NC73A d[A3. it NOTARY PUSUC-f NITANA SE9L RWs atK*W,i ra T I My Cmn. Ex h*25,2DDS or State of Montana Residing at My Commission Expir THE END 1 Lot 3 Lot VI 1 1 CAS 1 1114V � 8 5 �n� ---------------------- ----4-6 443 2 - 11 1.. 5 4 3 ., 12 L 3 a 7 AM OLK I 1 2 3 4 5. E 1 7 : P. 1 CA K 1 6 5 "�ti 4 BLK3 .� I 2 9 r S 71 1 � 32 39 29 28 27 1 3 31 1 2 33 AM 2 � 3 24 4 34 46 tat 4 2 45.. 26 22. i �R MILE D* LOT 2 LOT I PUD SAC IB B4 8A PUD 4 P-Arl ow Lot 3 N, P.. A, im lta+ 0 cr 10 4 141 ic C/3 2 4 Pmperty x SAG-110 . . . . . ........ . n ---------- --,........... ......... . . . . . . . . . . ..... ............ ........... . . . . . ..... . . . . . . . . . . . . . . 45 4 .......... . . . . . . . . . . . . . . . . ------- ---- ----------- - - - - - - 4MB n ........... ................ --------- ------- --- IB ............... ----------- . . . . . . . . . . . . . . . . . . . ................ =w SUBDIMON ............. NCfn?Or3 ............ u 0 4C IWA AO .......... ------- - ------- ------ U . . . . . . . . . . . . . . 6L to MOW F? 3c 4m an; AWL 4c+ I Ar "VICINITY MAP WAYNE TURNER MAJOR PRELIMINARY PLAT FOR "EMPIRE ESTATES A 67.094 ACRE, 347 LOT RESIDENTIAL SUBDIVISION CONCURRENT WITH INITIAL ZONING UPON ANNEXATION OF R-4, TWO FAMILY RESIDENTIAL, CITY OF KALISPELL nm DAM- 5/m/03 FILE# KPP-U 03-6 SC.AGE A . 800' a:\gw\mite\kppW-6.dn z P hffiG Fm W&WE nmam N _AEGEND ® SEC/2W CdMEW (6S MJTEp ® vA tCruEw IAs /mrE2g 1FYd a 2 t V%Y8}• MEBfR Byp/ T999-9 slehe3•u Q AFS4 Im I Ea A AV ME SW46WI4 SEC 4 T R.22W. ® . . MEAD G WY, NOMANA k. DRIVE P 2) BLK. 5 4 4® 2II 9 9 6 2 4 y k i m -Bxs- 25 92A ~. _ to 1 o _ ww t _ ad 25 J 25 log �cP.x }rxx ® ROCKEFELL. 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