05. Final Plat - Empire Estates Subdivision Phase 4City of Kalispell
Planning Department
17
- Street� , Suite 211,.Kalispell, Mona 59901
Telephone: o6) 751-1850
Fax:751-18-58
REPORT TO: Kalispell Mayor and City Council
FROM: Narda Wilson, Senior Planner
James H. Patrick, City Manager
SUBJECT Final. Plat for Empire Estates Subdivision. Phase
MEETING ATE: September er , 2005
BACKGROUND: This is a request for final plat approval of Empire Estates, Phase
that pats 49 single-family lots and 68 su lots for a total of 117 lots on approximately
18.815 acres. This subdivision is located on the east side of Stillwater Toad 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 ents agreement ent and
letter of credit in the amount of 1.25 percent of the remaining improvements ents or
$415,83 1. t is anticipated that the improvements remaining will be completed by
May of 2006 in accordance with the agreement. As part of the platting of Phase 1 of
Empire Estates, are approNimately 1.75 acre park was dedicated to the City of
Kalispell. Additionally,, cash in lieu of parldand in the amount of $41,520 was also
required. As the subsequent phases of the subdivision were platted, cash in lieu of
parkland was paid at a pro--rata cost. The final payment for parkland was submitted
with this hase of the su division ire. the amount of $16,92o. These parkland monies
have been used for improvements to the park located in Phase 1. which are currently
underway, but not completed..
When the property was annexed into the city and given are R- , Two Family Residential
zoning designation, the subdivision was given preliminary plat approval by the
Kalispell City Council on July 7, 2003 subject to conditions. Subsequent to that the
developers filed are amended plat for Phases 4 through 6 of Empire Estates converting
some of the single family lots to two unlit townhouse lots. Rather than coming in as
phases 4, 5 and ; this final plait is Phase 4 that includes all of those phases. The
amended prehrm*nary plait was approved by the Kalispell City Council on June 20,
2005 subject eet to essentially the same conditions as the original plat with some minor
amendments. The followin.g 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.
R MMEN A' I N: A motion to accept the subdivision improvements ents agreement
t
and approve the final plat for Empire Estates Subdivision Phase 4 would be in order.
Empire Estates Phase 4 Final Plat
August 31, 2005
'age 2
FISCAL E `FECS; Potential positive p acts once developed.
,L ERNTNES: As suggested y the City Council.
Respectfully matte ,
fit_ Y
Nar .a A. Wilson es H. arc
Senior Planner city Manager
Report compiled: August 3, 2005
Attachments: Letter of transmittal
Vicinity map
Final plat
Final plat, apphcation and supporting ments
2
SUBDIVISION IMPROVEMENT AGREEMENT
IS AGREEMENT, made and entered into this 25 day of August,
oo y and between the CITY COUNCIL, CITY KA ISPE , MONTANA, Party
of the First Part and hereinafter referred to as the CITY, and
E. Tumer
(Name of Developer)
a
Individual
(Individual, Company or Corporation)
located at 3300 Hwy 2 West Kali ell Flathead County,Montana 59901 ,
(Street Addr ss t'. o, Box) (City, County, State, Zip)
Party of the Second fart and hereinafter referred to as DEVELOPER.
THAT WHEREAS, the Developer s the owner and developer of a new
subdivision known as Empire Estates- Phase
(Name of Subdivision)
located at Section ownship 28 North, Rare e 22 West.P.M.N. Flathead Co��t
(Location of Subdivision)
and,
WHEREAS, the City has conditioned it's approval of the final plat of�re
Estates- Phase 4 upon the conditions as set fob in the Preliminary flat of the
(Marne of Subdivision)
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
)VHER-EAS, the City's Subdivision Regulations require that a sub -divider shall
provide a financial a security of 1 5% ofthe estimated total cost of constraction of said
improvements as evidenced by an estimate prepared by a licensed public engineer
included herewith a "Exhibit "; and
WHEREAS, the estimated total cost of construction of said improvements is the
sum of$ 322.
NOW THEREFORE, in consideration of the approval of the final plat of said
Subdivision by the City, the Developer hereby agrees as follows:
1.he Developer sh.al.l deposit as collateral with the City a Letter of Credit, or
other acceptable collateral as determined by the City Council, in the amount of
$___415 83�1, Said Letter of Credit or other collateral shall have an expiration
date of at least sixty 6 days following the date set for completion of the improvements,
certifying the following.-
a. That the creditor guarantees ftmds in the sum. o 1 . 31-the estimated
cost of completing the required improvements in � Empire Estates Phase .
(Name of subdivision)
. That if the Developer fails to complete the specified improvements within
the required per od, the creditor will pay to the City immediately, and without ftLrther
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 mprovements shall be fully completed by 200
. That upon completion of the required 'improvements, the Developer shall cause
to he filed With the City a statement certifying that:
a. All required improvements are complete;
1 . That the 'improvements arre ire compliance with the minimum standards
specified y the City for their construction and that the Developer warrants said
improvements against any and all defects for a period of one l year from the date o
acceptance of the completion of those improvements by the City;
and,
c. That the Developer knows of no defects 'in thoseimprovements;
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;
E All applicable fees and surcharges have been paid.
. The Developer shall cause to be filed with the City copies of final plans,
profiles, grades and specifications of said improvements, with the certification of the
registered professional engineer responsible for their preparation that all required
improvements have been installed in conformance with said specifications.
IT IS ALSO AGREED BY AND BETWEEN THE PARTIES HERETO AS
FOLLOWS, TO -WIT:
That the Developer shall provide for inspection of all required improvements by a
registered professional engineer before the Developer shall be released from the
Subdivision Improvement Agreement.
That 'f the City determines that any improvements are not constructed in
compliance nth the specifications, it shall furnish the Developer with a list of specific
deficiencies es and may withhold collateral sufficient to insure such compliance. If the City
detennlnes 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 ftm1s 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 er or the crediting institution, as 1s
appropnat .
IN WITNESS WHEREOF,, the Parties have hereunto set thee- hands and seals
the day and year herein before written.
Empire Estates --- Phase
mane of s bdivisio veloper/Firr
brV
y Developer
Wa e E. Turner (Title)
STATE of M N `AN
C OUN" y OF FLATHEAD
On this��� day r' �: �� before e Notary Public
�}
for the state of Montana, personally appe e Via, _ 'Tume
� o to tobe the
—Developer of whose
name is subscribed to the foregoing instrument and acknowledged to me that he/she executed the same.
N Wt NESs WHEREOF, I have hereunto set my hand and affixed my Notarial Seal this day
and r first above ri
�w 1 DS 141
L L
Notary Public for the St to of Montana
Residing at ._ fidin t iof Montana
f # Aj_
My Co missio pir s �. � - - i { �r', - .. a �.
Ms
MAYOR, CITY of KALISPELL ATTEST-,
MAYOR
fNAN E DIRECTOR
EXHIBIT
EMPIRE ESTATES PHASE
PROJECT CONSTRUCTION COSTS
'AID FOR AND/OR TO BE COMPLETION
IMPROVEMENTS COMPLETED COMPLETED DATE
Sub -Grade Excavation
34,60
Road Base
11"000
-3 4 rush d Gravel
0
$ 33,50
/ 0
Curb/Gutter
56,000
l 1 o
Water
$118,250
s 1,000
Sewer
116,340
1I
Telephone
$ 1 ,' 1
Power
$ 719656
Conduit
,5
Gas
$ 1-)�520
Materials (Pipe, catchbasins,
1841500
and appurtenances)
Misc.
671200
Landscaping/Bike Path
$ 35010
$ 3392755/1/06
Paving
S 8652405/1/06
Signs
o
$ 45/1/06
TOTAL
SUMMARY
Completed To Date � 4
To e Completed 33 5
Total Project Cost $11099,412
Percent Completed — 70.65%
Total Collateral Required = 1 % of $332,665 = '4415, 3 I
35
WES T ONE BANK
August 24, 2005
Irrevocable Letter of Credit N, 107
Wayne E . Tum r
Leggy B. Turner
3300 Hwy 2 West
Kalispell, MT 59901
City of Kalispell
312 VAve
Kalispell, MT 59901
We hereby establish h.:.:rreale Lt:. f Credit in. your favor for one or more
drawings up to U it d"-::S-:� s .'.$4158.3.' .* *:'-... `llii's..-. ett ..o .Credit is payable at the West
One a k ee t 222'-- �� �...Kdfi' . .MT-5990 .. with close of
business n ,august 24,-: w:
Each drab drams roust: �.--matkt � �:.Ud I e Bare, 222 W. Idaho.
Kalispell, MT 5 99 01, et :.� �."i6dit N m . . # '0 'mod& c mpan d y signed
statements the Kalispell : :: that . ..ayne egB. Turner havefailed t
honor their contractual arm C�r lel. This letter 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 terrns of
this credit will be duly honored if drawn and presented for payment to our office, West
One Bark, 222 W. Idaho, Kalispell, MT 59901.
Sincerely,
Print Name-, Rod Leese
Its : President
12r 222 W, DAHO O� BOX 7758 o KALISPELL, WIT 59904-0758 Member
NCR TEL. 755- 7 FAX 4 755- 79 ww xwes oneb k.com
City of Kalispell
Planning Department
17 T "d Street East, Suite 2 1. 1, Kalispell, Montana 5990 1
Telephone.- 5-150
Fax; o 51- . 5
Wi: kalispellplanning.com
August 31, 200
Mr. James Patrick, city Manager
er
City of Kalispell
P.O. . rawer 1997
Kalispell, MT 50
e: Final Flat for Empire Estates, Phase
Dear Jim:
Our office has received an application from Wayne and Hubert Turner for final plat
approval of Empire Estates, Phase 4 that plats 49 single-family lots and 68 s .1 Lots for
a. total of 117 lots on approN =*ately 18.815 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 er ents being addressed with a. subdivision
improvements agreement ent and a. letter of credit in the amount of 125 percent of the
remaining improvements or $415,83 1. t is anticipated that the improvements
is
remaining will be completed by May of 2006 in accordance with the agreement. The
fmal cash in lieu of parkland payment in the amount of $16,920 has been paid with
this plat that will be used for park improvements M the 1.75 acre park dedicated in
Phase 1.
When the property was annexed into the city and given are R-, Two Family Residential
zoning designation, the subdivision was given preliminary plat approval by the
Kalispell City Council on duly 7, 2003 subject to conditions. Subsequent to that the
developers filed an amended plat for Phases 4 through 6 of Empire Estates converting
ng
some of the single family lots to two unit townhouse lots. The amended preliminary
plat was approved by the Kalispell city Council on dune 20, 2005 subject to
essentially the same conditions as the original plat with some minor amendments.
The following is a. list of the conditions of prehminary plait approval for this subdivision
and a discussion of how they have been met or otherwise addressed.
COAWLUNCE WITH CONDITIONS OF APPROVAL
Condition 1. Development of the subdivision shall be platted in substantial
compliance with the approved preliminary plait which governs the location of lots and
roadways within the subdivision.
,Empire Estates Phase 4 Final Plat
August 31, 2005
Page 2
This condition has been met, The subdivision is in substantial compliance with
the approved roved rel m na.ry plat.
Condition 2. That the roadways serving the subdivision shallbe 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
8/25/05 has been submitted with the final plat.
ConcUtion 3. That a letter be obtained from the Kalispell Public Works Department
approving the plans and specifications for water, serer and drainage facilities for the
subdivision.
This condition has been met. A letter from the Kalispell Public Works Department
dated 6/1/04 approving the construction plans for the project has been
submitted with the final. plait.
Condition 4. A letter from an engineer license. 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 plait 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 ngineer�i ng
dated. / 2 / o 5 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 corer the rema-ining
improvements. A Letter from. the Kalispell Public Works Department dated
8 31. / o5 approving the improvements to date has been included herewith.
Condition S. 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 15 o5 approving
the landscape plan has been submitted with the final plait. The cost of the
improvements has been 'Included in the subdivision improvements agreement.
ent.
Condition. 6. A storm gaiter 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 eonstrucf.on standards and shall be reviewed and approved by the
Kalispell l'ub c Works Department.
'r'his condition has been met. A letter from the Kalispell Public Works Department
dated 1 / 05has been submitted with the finial plat.
Empire ire Estates Phase 4 Final Flat
Page
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
jun'sdictions with a single study done under the Montana Department of
Transportations s systems impact process through the Helena headquarters office. This
would be a. comprehensive review including, but not necessarily lire ted 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
c� policies and ordinances shall be met through this process.
• 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 M oT dated
1 13/04 addressed to Jim Hans , City of Kalispell Public Worts Director. The
letter from M oT prohibits access to the Kalispell Bypass, Some remaining
in
improvements vAll be required when the last phase, referred to as Phase 4 in the
traffic analysis, is completed that would include a deceleration lane from Three
Mile Drive onto North Riding Road and some striping and speed signs on
Stillwater Road. See letter from Public forks dated 6/1/04 attached and the
attached recommendations from the traffic analysis.
Condition S. That the developer obtain a letter from the Flathead County Road
Department approving the new intersections with Stillwater Road and the new Irrt mal
subdivision roads and shall include a post construction inspection that certifies any
necessary improvements have been made.
• This condition was niet dun'ng previously platted phases of the subdivision and
no improvements ents to the intersections are required with this phase.
Condition . That a. rr inirxrum 20-foot buffer strip shall be established between
Three Mile Drive and Stillwater Drive e and the subdivision that would include a bike
and pedestrian trail and buffering in the foray 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 remai in required improvements have been
included in the subdivision rrr ro ernents agreement,
Condition 10, The read 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 he 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.
ent.
Condition, 11. The developer shall provide a letter from the U.S. Postal. Service
approving the plan for mail service.
.Empire Estates Phase 4 Final Plat
August 1, 2005
Page
+ This condition has been met. A letter from the USPS has been submitted with the
final plat and the mailboxes are in place at the southern entrance to the
subdivision off of Three Mile Drive.
Condition 12# That the parkland dedication requirements shall beone-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 M 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 t of the park area coordinated through the Kalispell Parks
and. Recreation Department.
This condition has been met. The final payment for cash. M lieu of parkland has
been submitted with this phase. 'fh.e cash in lieu of parkland monies submitted
for this subdivision have been used for improvements to the 1.75 acre park that
was dedicated to the City with the platting of Phase 1. Those improvements are
currently underway, but not completed.
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 g properties.
This condition has been adequately addressed. Street lighting has been included
m the subdivision .sion improvements agreement.
Condition 15. That the lots within the subdivision be reconfigured so that all lots
meet the r inimurn 5 Tfoot lot width requirements e its f 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--
zoning for the propel and the amended preliminary plait that was approved.
Condition 16. That a. minimum of two-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 the road sub -base, paving,
curb, gutter, sideways and landscaping has been included in the subdivision
improvements agreement.
Empire Estates abase 4 Final Plat
August 1, Zoo
Page
Condition 17. Mitigation of traffic impacts must be addressed by the developer in
accordance with MOOT" requirements.
This condition has been adequately addressed. Some remaining improvements
will be required when the last phase in the northeast comer of the subdivision,
referred to as phase 4 in the traffic analysis, is completed that would include a
deceleration lane from Three Mile Drive onto Now Riding Road an.d some striping
and speed signs on Stillwater Road. See letter from. Public forks dated l o
attached and the attached recommendations from the traffic analysis.
Condition rote shall be placed on the face of the final plat that the lots not
designated as townhouses be developed as sfgle family residential.
This condition has been met. The required note has been placed on the face of
the final plat.
Condition . All areas disturbed urin development of the subdivision sbaH be re -
vegetated with a. weed -free mix immediately after development.
This condition has been adequately addressed. The re e eta.tion. of the disturbed
areas has been. included in the subdivision improvements agreement.
Condition 20. That prehmina.ry approval shall be vapid for a period of three years
from the date of approval.
This condition has been met. The .final plat for Phase 4 has been s brr tted pry or
to the expiration of the preliminary plait.
CMPUNCE APPROVED PRIELIMNARY FLAT
The finial plat is in s bstantia . compliance with the amended preliminary plat which
was reviewed and approved by the City Council on June 20, 2005.
C MPLUNCE WITH THE SUBMSREGULATIONS,N
This subdivision plat has been. found to be in compliance .iance with. the State and City
Subdivision Regulafions.
C NFUNcE WITH THE ZONING REGULATIONS
This subdivision can be found to be in. compliance with the Kalispell Zoning ordinance
and the - , Two Family Residential, zoning desigriation for the property which
governs the dimensional requirements ents of the lots within the subdivision as well as the
uses.
Empire Estates Phase 4 Final Plat
August , 2005
Page
REChIMNTN:
All of the conditions of preliminary plat approval ha re been reset or otherwise
adequately addressed. The staff would recommend that the T a speU City Council
approve the final plat for E e Estates Subdivision, Phase 4 Please schedule this
matter for the regular city council meeting of August 31, 2005.
Sincerely,
i
Na da. A. Wilson
Senior Planner
NW/
Attachments: Vicm' .ty map
Reduced plat showing subdivision
opaque mylars of final plat
reproducible mylar of final plat
I copy of final plat
Ur from Turners dated 8 / 25 / 5
.al plat application no date
Ur from MDEQ dated 1// 3
Ur from. Public works dated 6/l/04
Ur from Fire Department dated8/23/05
Ur from Kalispell Parks and Rec dated / 15/ 5
btr from USPS no date
Treasurer's certification dated / 1 / 5
"Title report dated8/3/05
Ur from WMW Engineering dated 25 5
Subdivision improvements agreement no date
Letter of credit for $415,831 from West One Barak dated /2 / 5
Utility documentation
Cash in lieu of parkland check for $16,920
C / w att Theresa White, City Clerk
Hubert & Wayne Turner, 3300 Highway 2, West, Kalispell, MT
991
August 25, 25
Narda Wilson, senior Planner
ri-City Planning mice
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.
. 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 4 '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 lefters from WW Engineering and the city of Kalispell,
Departiv t of Public Forks.
3. That a iefter be obtained from the Kalispell Public Works s Department approving the
plans and specifications for water, sever and drainage facilities for the subdivision.
Please refer to the attached letter from Kalispell Public Works Department.
. A letter from an engineer licensed in the State of Montana certifying that the
improvements er is 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 an engineer licensed in
the State of Mo tana 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 Depa et and the Department of
Environmental Quality.
. 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 Fontana Department o
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 s 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 o
the traffic study and a lefter from the City of Kalispell Public Works.
. That the developer obtain a lefter 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.
There are no new approaches to Stillwater Road required for Phase 40
9. That a minimum 2 -foot buffer strip shall be established between Three Mile Drive
and S fIlwater r*ire 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
s
Department, Parks s and Recreation Department and Flathead Counter.
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,
o. 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 signer! accordingly.
1. The developer shall provide a lefter from the U.S. Postal Service approving the plan
for mail service.
'lease see the attached lefter from Eldon Marvel, the Manager of Customer Services of
the Flathead station, USPS. 'lease also not that the required mail boxes for phase
have been installed.
. That the parkland dedication requirements shall be one -ninth or I I percent of the area
in lots or 4.516 ages. 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
Departments
Parkland dedication has been met through a partial cash -in -lieu contribution or o of
the total $41,620 due, Please find enclosed the check in the amount of $16, 2o. This
contribution completes the parkland requirement.
13. A maintenance agreement for the park and common areas shall he included with
the final plat.
Refer to the attached Homeowner's Association documents.
14. Street fighting shall be located within the subdivision and shall be shielded so that i
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*
5. That the lots within the subdivision be reconfigured so that all lots meet the
minimum 50 foot lot width requirements f the R 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
* That a minimum of two-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 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. Mitigation of traffic impacts must be addressed by the developer in accordance with
MT requirements.
A traffic impact study was completed in August of 2003. it included a total of six
recommendations. Two of these dealt with stop signs in the interior of the subdivision.
These signs have been installed* Two of the recommendations dealt with appropriate
crosswalks and road striping. These will be completed prior to platting the last phase of
the subdivision. The last two recommendations deal with a deceleration lane on [forth
Riding Road. This recommendation assumed that in the future we would use North
Riding Road as an access point for the lots located on the east side of the proposed
bypass; At this time we do not intend to use North Riding Road as an access point for
that portion of the subdivision, thus this recommendation does not apply*
* A note be placed on the final plat that the lots not designated as townhouse be
developed as single-family residential.
This note has been placed on the face of the final plat
9. 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 SI.
. That preliminary plat approval shall be valid for a pen'odof three years from the date
of approval.
The preliminary plat is filed before the expiration deadline.
Thank you for your kind eftention to this final plat. Please feel free to call should you have
questions, concerns or require additional information.
Sincerely,
Hubert J. Turner
ppppp�_
40
Montana Department o
EmrmoAL QuAlITY Judy Marti Governor
109 Cooperative Way - Suite 105 # afisl)eli, MT 9 1- * 40-- * FAX755-8977
Paul L. Welk, P.E.
WMW Engineering, PC
50 West Second Street
Whitefish, MT 59937
October 7, 2003
R : Empire Estates Water & Sewer Extensions and Sewer Lift Station, EQ#04-1543
Dear Mr. Wells:
Plans and specifications for t above -referenced project have been reviewed by personnel witli
the Permitting & Compliance Division utilizing the certified checklist procedure for the water
and sever 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 be .ri .
the approval stamp of the e arb-nent of Environmental Quality is enclosed.
Condition:
Provide a valve pit at the j unction of th e sewer force maims on Three Mlle Drive.
Install check valvesup-stream of the Junction on both lies with two shut-off
valves for each check valve.
.approval is based on plans and specifications received October 6, 2003 under the seal of: Paul L.
Wells, P.E. # 7378E.
Approval is also given with the understanding that any deviation f om the approved p1mis and
specifications will be submitted to the Departinent forTeappraisal and approval. Within 90 days
after the pmect has been completed the project engineer shall certify to the Department that the
project was inspected and found to be installed 111 accordance with the plans and specifications
approved by the Departinent. This certification shall be acconapanled by a set of "as -built" record
dra v il-. s signed by the project engineer.
It is further understood that construction will be corn feted within three years of this date. If
more than three years elapse before completing onsb-uctlon., plans and specifications must be
resubn-fitted m-id 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.
entraliz,ed Services Division * Enforcemeni Division * Permitting & Compliance Division * Planning, Prevention & Assistance Division * Remediation Division
14
RF,: EmpIre Estates Water & Sewer Extensions and Sewer Lift Station, EQ#04-1543
Please be aware thal this project may need a stonn war general rn-il .. Please contact the
Water Protection Bureau at 406-444-3080for naore informatioll.
SPcerely.
a1 ex a er, �nvironmental Engi�leer Specialist
PW S/
Permitting & Conipliance Division
cc: Wa m e
City of Kalispell, Department of Public Works
Flathead County Sarntarian
M ie
CI"ty of Kalispell. Publi"c Works Department
Post Office Box 1997, Kalispell, Montana 59903-1997 - Telephone (406)758-17201 Fax (406)758-7831
June 1, 2004
r-01ty Planning Office
17 Second Street East — Suite 21
Kalispell, Montana 59901
Via fax: 75-15
tte* Narda Wilson, Senior Planner
Traffic Impact Study
Empire Estates Subdivision
Kalispell, Montana
Dear Narda,
We havereviewed 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
1*
If you have any questions, please do not hesitate to contact this office}
Sincere y,
}r
Frank Castles,, P.E.
Assistant City Engineer
C; Wayne Turner
Traffic Impact tud
Empire Estates Subdivision Robert Peccia & Associates
Kai ell, monlana August,.2003
existing problems are occurring along Meridian Road. These problems will be c rr ct d once the
road is reconstructed in 2-..
• Traffic from the proposed subdivision will not significantly effect the delay at any
intersection within the area,
0 hone of the accesses to the de-velopmc twill require additional left -turn lanes to improve
capacity or safety
0 Once the northeast ' cor er of the property is' constructed (Phase 4), a ng t-turn
deceleration lane may r e needed at the intersection of Three Mle Dhve and .worth
Riding Road.
X. RECOMMENDATIONS
The following recom—mendations are proVided -to help ensure that the proposed develop=nt
functions with minimal impacts within, as well as around, the. area.
* Within the development Empire Dfivc, F11 r've; and Trump Drive will function as a
collector routes.. For this reason all intersection approaches -to these two streets. should be
controlled by So 'signs on the tenor legs.
• t the three access. roads, vehIcIes enten'ng the development should have. urzestrctcd
movement. At these locations STOP signs should be erected afong Empire Drive.
* access to the northeast earner of the property should be provided though a "yet to, be
determined"' roach that connects to North Riding Road.
.t all locations where the pedestrian path crosses a roadway, the crosswalk should e signed
and marked with pedestrian crosswalks on the pavement..
Stillwater Road should be improved to include centerline an d-sh.oulder striping. Speed limit
signs should be erected at 'both ends and near the southbound approach to the development
Construct a right -turn dece e atio -lane at the intersection of Three Mile Dfive, and North
Riding Road after Phase 4 reaches full build -out.
35 1 sAve East 0 Box 1997 Kalispell MT 59903-1997 06758-7718 Fax: 6) 758-771
Email: parknrec@kalispell.com
August 15, 2005
Mr, Hubert Turner
3300 Hwy 2 west
Kalispell MT 59901
Fie: Empire Estates Phase Four Landscaping
Dear Hubert:
If reference to your letter dated August 9, 2005, regarding the assessment for
improvement costs for Empire Estates Phase Four landscaping to include boulevard
frees, seeding of boulevards and the bike trail in the amount of $30, 865 is an accurate
estimate and approved by this department. This cost estimate includes approximately
5 trees, 35,000 square feet of seeding and 430 feet of bike pedestrian path} We will
work with you of a later date (when the majority f home construction is finished and
people are living in the subdivision) in regards to specifics on boulevard tree planting
locations.
f these improvements have not been installed by final plat, please be aware they need
to e bonded for at a rate of 125%. Kalispell Planning can further advise you on this
process if you desire.
If you have any concerns or questions please give me a call.
Sincerely,
Mhae Baker, Director
Cc: Nar a Wilson, Kalispell Planning
August 23, 2005
Hubert Turner
3300 Highway 2 West
Kalispell, MT 59901
Re: Final plat approval — Empire Estates, Phase IV
Dear Mr. Turner,
in response to your request for approval of the above -referenced project, our department
approves final plat application for Empire Estates Phase IV, with the following information
and conditions:
• Fire hydrant locations and fire flows are approved by this department.
It is understood the roads will be paved and street name signs installed prior t
combustible construction.
Please contact me if you have any questions.
Sincerely,
Brent. L. Christopherson
Assistant Chief/Prevention
Narda Wilson, Tri-City Planning Office
.Assistina or. r i e c r' t , preventing, a i rtigat emergencies. ,
WMW ENGINEERING, PC
Paul dells, P E.
Principal Engineer
Est 25, Zoo
Mayor Pam Kennedy and
Members ers of Kalispell City Council
City of Kalispell
2 First Avenue East
Kalispell, Montana 59901
Dear Mayor Kennedy and Council Members,
Consulting Engineers
50 West Second
Street
Whitefish, Montana 9 F
Phone 6) 86,22-7826
Fax 1 ) 862- 7827
D EElMEDI)
�{ F
fl! AUG zs 2aa5 L)
YALISPELL INNING DEPARTMENT
Re: Empire Estates — Phase
The work to date for Emp.1re Estates Subdivision bas been installed according to
approved plans and specifications.
Further, have looked over the estimated costs to complete Phase 4 of Empire Estates#
and it is my opinion that they accurately and realistically reflect the amount of money
required to complete this phase of the subdivision.
Based upon these estimated amounts, we have calculated the acceptable collateral to post
along with the enclosed Subdivision Improvements Agreement.
Should you have any questions please call.
....ity 0
np -17
-%f Kal'3 U11 Publl'%c Workov Dq2F-2..1PartmKe1-nt
Post Office Boy. 1997, Kalispell, Montana 59903-199 r 6 ` - 7. 0. Fax
.,...:;
August 31, 200
Wayne E. Tu er
3300 Highway 2 West
Kalispell, Montana 59901
e. Empire Estates, Phase I
Gentlemen:
The City of Kalispell Public Works ks Department hereby approves the testing., completed improvements
except those listen in the Subdivision Improvement Agreement, Exhibit B. for the referenced s bdi si n.
Approval by the City of Kalispell for the City owned and maintained improvements is granted based on
the following;
. 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.
. Receipt of satisfactory bacteriological results for the water main disinfection.
. Our video records of the sanitary sewer system.
4. Receipt of a subdivision Improvement Agreement which contains the total es mated construction
costs plus 25 percent covering the estimated costs for the remaining infrastructure
improvements. ents. The Subdivision Improvement ement Agreement is certified by Paul L. Wells, P.E., to
being an accurate accounting of anticipaW costs for the remaining improvements.
The one year warranty period for the City owned and maintained existing, completed improvements will
commence on August 31, 2005. The one year warranty period for the remaining construction will
commence upon acceptance by the City of the comply constructed improvements in accordance with
approved plans and specifications.
f you have any questions, please do not hesitate to contact this office.
Sinc
Frank Castles, P.E.
Assistant Cif Engineer
c* ilarda Wilson, Senior Manner
Kalispell Planning mice
FLATHEAD STATION
248 FIRST AVENUE WEST
KALISPELL MT 591 DI -8
October 1, 20
To- Kalispell City Planning Board
Empire Estates
To whom it concerns:
The above referenced project has been reviewed, A suitable location for mail delivery has been
established . Centralized boxes will be installed at suitable locations in turnout areas for the carrier to
service these bones,
The developer will be responsible for purchasing the CBUs.
If you have any questions please feel free to call rye at 8 - 18 .
Sincerely yours
Aden Marvel
Manager Customer Services
(406)-755-0187
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VICINITY MAP SCALE " 600'
WAYNE TURNER
AMENDED PRELIMINARY PLAT - EMPIRE ESTATES PH 4-6
A 177 LOT (49 SINGLE-FAMILY LOTS & 68 TOWNHOME
SUBL0Tk_,) ON 18.8 ACRES IN THE R-4 (TWO-FAMILY
RESIDENTIAL} DISTRICT
PLOT DATE: 3/9/05
K 7) � - o
� - � H:\his\site\kPP05_5.dwg
Tvi-Cfty-Planning Office
17 Second St East,, Suite 211
Kai, MT 59901
Ph: 405-5 Fax: 406) 751-185
FINAL PLAT "PLICATION
Project Name: EMPIRE ESTATE PHASE
Contact Person: Owner & Ming Address:
ss:
Name - HUER` TURKER
Address: 33 B[NVY 2 WEST
KALSEL59901
Phone No.: 257- 2 HO P 2610728 WELL)
WAYNE&TURNER
3300 HIGHWAY 2 WEST
KALISPELL,-MT 59901
Date of Prehminary Flat Approval:-... JVLY 73.2003
'fie of Subdivision; .residential XX Industrial �Commercial PUDOther
N. of Lots Proposed 49 LOTS 'ark. (acres)
68 S ' L' S
Land in Project a .) 18-815 Cash-m-Lieu .... - $ 6, 2 ...................
Exempt
PILLING PEE ATTACHED
Minor Subdivision with approved preliminary plat $300 + $30/lot
Major subdivision with approved .r l� ary plat $6.50+ �I t
Subdivisions with. Waiver of Preliminary Plat $500 + $30/lot
Subdivision Improvements Agreement $ 50
Not
Attached Apphcabl MUST CHECK
Health Department Certification (Origina
-ME Title Report real, not more than 90 days old
ME Tax Certification (Pr rty taxes must be paid)1)
Consent(s) to Flat rivals and notarized)
2M Subdivision mpr v meats Agreement (Attach c l.a ral
MC ,ParkJand Cash -in -Lieu (Check attached)
Maintenance Agr men
Plats:opaque OR 2 Mylars
Mylar copy 1 signed bl .. hn
bluchnes 4 bl .. l n s, unsigned
The plat must be signed by all. owners of record, the surveyor and the examining land surveyor.
Attach a levier, 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 are engin is certification, State Department of Health Certification, etc.,,
ofiginal utters shall be submitted. Blanket statements stating, for example, `pail improvements are in ,glace" are not acceptable.
complete final plat application mist be submitted o less than 60 days prior to expiration of date of the preliminary plat
When all application materials are submitted to the `. r -City Planning Office, and the staff finds the application is complete, the staff
will submit a report to the governing body. The goveming body roust act wit mi o 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 leration y the .Manning .board.
certify that all information is true, accurate and complete. 1 understand that incomplete information will not be accepted and that
false information will delay the application and may .invalidate any approval. The suing of this application signifies approval for ri-
ity Planning staff to be present on the property for routine monitoring and inspection during the approval and development roces ,
"NOTE Please be adviised that the County Clerk and Recorder requests that all subdivision final plat applications be
accompanied with a digital copy.
O"IiRs) Signature
digital copy of the final plat in a Drawing Interchange File X format or an AutoCAD file Format, consisting of the following
layers:
1. Exterior boundary of subdivision
2. Lot or park boundaries
Easement
. Roads or rights- way
. A tie to either an existing subdivision corner or a corner of the public land survey syte
s approved by the TCPB on 1 1 01
Effective 1 o2
2
Plat Room
Flathead County, Mafia
800 S. Main St.
Kalispell, MT 59901
(406)758-5510
This Form Is for Subdivisions & Condominiums Only
BY: SANDS SURVEYING
DESCP: EMPIRE ESTATES PH 4
JR 3 in 1-2$-22)
YEARS
2000 THRU 2004
DATE
ASSESSOR
0851800
DATE: 7/21/2005
PURPOSE: PLAT
I hereby certify that there are no outstandingtaxes on the property
ass4.
igned the assessor numbers listed acre, for the years indicated for
each assessor number.
AUG I
r �
"s+a.
# ..
P.
offimppmm
'�c-w-.Y•.<�KF", K. ♦ � �. rnti ,h;. � �:. � � � �.♦ r rr::. _: ti;. •
' 0/2005
F.E.C.Work Order Cost. .............
EMPIRE ESTATES PHASE 4-6 Staked By: star
Staked Bate: 7/30/2405
Account # N/A .., /<?
D
Amount Pd: W
� - By: � �� Date: � �5 .--5 Check #:
Amount Pd:
Date: Check
..
.,.., _ut""fits
Uk b es, 'r,''
100WS{T
LIGHT, 1 OOW HPS STREET (FLAT)
11
$15462.83
$1107141
M26-5AL
STREET LIGHT ALUM. POLE
11
S (,4 2.
5� 1.95
1/0 STl . 220MIL 15KVURD
3,082
$21N9.01
. 4
SEC
12 2 UF
240
$ 9. 7
$55.84
SECSEC557
350 MCM USE TPX
5,550
$9,152. 1$10,726-62
G S-. 0
I OOKVA TRANS. SSY. D
7
$3 X1.95
, Vs 00
Y f SW
JwF K 1y TRANS. 1 i� t
2
%r/� }
7 f• f %F
$3/T -2
SECONDARY PEDESTAL W NN.
57
$71580.13
$7,368,81
M-M-1
1 ## MBR CONDUIT
24
M50- ' -
"{ MBR CONDUIT
81632
M6-1
ELBOW 1 K
22
$21 7.97
9 .05
UM - .
STANDOFF 1 K
$ .49
$0,00
UM
ELBOW/ARRESTOR'
2
$1 .1
$1 4-
UR2-3-1 t
1 SEC. TRENCH NC
I
UR2-MBR
MBR TRENCH
12
Construction Cost.
745 93 -3 0 2 8, 866.4 8 S45.226.82
General ve d•
1 1, i 1 .V0
Transportation
►Y ,16-06
Engineering:
1r} '.2
Additional E Costs.
$0.00
Explanation .
TOTAL COST: S, 93,358.00
FEC Transformer Contribution
211591. 1
FEC New Service Allowance
$0.00
Additional FEC Allowance:
WOO
Deposit Paid.
$0,00 TOTAL ALLOWANCE: $21 959 . 1
Note: FEC Provides all transformers and meters free of charge TOTAL DUE: $ 71 , 765* 00
CR'ED1T/DE'P0S'1'T INFORMATION
No Deposit Required
$200.00 Advanced Payment Required
Require Account Current
Account
Amount Paid
651 ESTIMATE VALID FOR 90 DAYS FROM: 7/30/2005
o tHwesteiii
#■E iris
�+ktrrr
Energy
WAYNE TURNER
3300 US HIGHWAY 2 W
KALISPELL MT 59901
Customer Contact:
Customer Number: 1033246
Kalispell Office Phone: 406-751-2210
PO BOX 9888 Fax.-406-751-2224
rlill MT 59904
Quotation
Quotation No, 20017751 Document ]ate08/16/2005
Payment Terms Payable upon receipt Service Order No..
Quotation Valid To: 11/05/2005
Items
Material Description
Quantity
Unit Price
Amount
Gas man to EmpireEstates P I KA L
Vl
(• Yi Rule - ) Gas Mein Res
Price — Labor & Materials
9,6 31 00
Tax adder
2,889.30
Subtotal
12,520.30
T tal Amount..:.
12,520.30
Please coat 1 contact ONETTE �- AE LE at 06-7 1- 1
you have equestions regarding this quote.
i }
1 of I
CenturyTel of Montana., Inc.111L Agreement for Subdivision Telephone Facilities 2 7 2005
THIS GREM, made, Ju
j-v �2005 by and between CenturyTel o `Alo to a, Inc., -with Its
principal place of bsm ss in Kalispell, Montana located at 290 North Main herernafter referred to a "The
Company," and.Wayne„T'ur ear or Harbert Turner -hereinafter referred to as "Developer",
RELIT A LSo
Developer is in the process of subdividing and developing property or bas subdivided and developed p-Topert r,
which property is hereinafter referred to as "Project", and III be or is offering lots or portions of the Project for sale or
lease.
. Developer is desi-rous.of making, the necessary arrangements for the Wstall tion of telep one facilities to serve
the Project and the various portions thereof
�L.
3. The Company is agreeable to install telephone facilities in the .project and the various poios thereof, subject,
however, to the terns and conditions as hereinafter set forth_
*the parties agree as follows:
INSIALLATION o- ILITIES: 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 4 telephone service to
subscribers in. the Project as the lots and portions of said Project are developed and sold or ]eased.
. ADVANCE: Promptly upon the execution hereof, Developer shall pay to The Company as an advance a a z t
The Company's cost the sun of $18,712.20 which is the estimated cost of design, purchase, and Mnsta latien of such
telephone facilities. if multiple visits are required due to customer caused delays, an additional charge o $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 l days after mitten demand on the Developer by The Company pay to The
Company an additional amount not to exceed 1 % 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 deterrr ned by The,
Company, is less than the sun herewith as the estimated cost,
REFUNDS: a Developer shall be entitled to a refund ftom Ue Company of $181.67for each lot or portion
of the project connected to The Company's facilities for telephone sew' e to a subscriber within the period of five
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 instalati oftbe 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
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 reed is deter lined by dividing the sum
paid to The Company under the ten-m of Paragraph 2 off'this Agreement by 103 Lots* in the Project.
( Such refund shall be paid to the Developer each year fox all lots and units connected during the previous
calendar Year. No interest shall be charged or paid on any payments mde by the Developer to The Company or on any
refunds due Developer by The ConVany.. All refund requests most be sty ralitted to CenturvTel each year between
an„1., and 'eras--1, within the five year refund period..
e Developer shall not be entitled to any refund for lots or units connected after expiration of the rive year
period described in paragraph a of this A.green ent, a d any muefunded portion of said cost referred to in Paragraph
shall become the property of The Company free and clear of any claim of the Developer.
K.\NETWORKDVit1ATC-LE-SUBD\SUBDIVISIONS\SUBD CONTRACTWO05 NT" T WT CONTRACnEMPIRE ESTATES PH 4,DOC
4. RIGH " of W . AND TaN ES.- Developer shall provide at no cost to The Company appropriate utility
rights of gray by dedicating strips or easements for the installation of The Company's facilities, such ri.g is of way or
easements to be dedicated or conveyed in a form acceptable to The Company. Such rights of way shall be graded to
serr -finished grade by., or at the expense of, the Developer prnor to the trenching or installation of The Company's
facilities hereunder. Developer nmy provide, with the consent of Thy Company, all trenching, excavation and back filling
necessary for the proper installation ofThe Company's facilities, at no cost to The Cor pany, and in accordance with the
spec ilications to be ful lied by The Company.
. DAMAGES TO FACILITIES- Developer eloper agrees to comply with all the Statutes oft e State of Montana or
any agency or municipality having Jurisdiction thereof relating to any excavations trenching and back , ffirrg necessary
and proper for the installation of The Company's facilities. Developer shall pay The Company for any damage caused to
The ompan/s facilities by Developer or any of Developer's contractors or subcontractors, and Developer eloper shall hold
The Company han ess from any and all d arnage, liability, cost or expense of whatsoever mature res It g from any
damage caused to The Company by Developer or any of Developer's contractors or subcontractors. Sucgi damage shall
e pail promptly by Developer to The Company at such time as The Company has t ��e the amount of d rmge
sustained by The Company under the terms of this paragraph.
. REGULATORY JURISDICTION, This Agreement, ment, the obligations s of h Company hereunder, and all
telephone service to be pr vid ed by The Company in correction ereunder, s .ali be subject to the rules, regulations and
orders ofany regulatory agency having Jurisdiction thereof, and the rates, ral s and regulations of The Company's tariffs
as now or hereafter filed with the regulatory authorities with whom such tariffs rest be filed.
7. SUCCESSORS: The rights and obligations of this Agreement .t shall inure to the benefit of and be binding upon
the respective heirs, administrators, executors, successors and assigns of the pares hereto, provided, however, that no
assignment of any of Dev loper"s rights of obligations hereunder, or any portion hereof, shall become effective with out
the prior written consent of The Company ny 30 days after the receipt of your payment and signed contract before we will
begin construction.
INT W TNESS HEREOF, Le parties hereto have caiised this Agreement r. ent to be executed as oft e day and year
first herein above written.
*Developer to provide all trenching and conduits at all road crossings. Total lots are 103.
LOTS — 2A thru 18B = 34
LOTS — 14 thru 19
LOTS 9,A thru 15B = 14
LOTS — 5 thru= 1
LOTS -T 51 6,
LOTS — 8A thru 17B — 20
COMPANY: Center Tel of Montanan Inc.
BAY;
Jeremy Ferkin — General M-ner
P. . . . .......
((3wne eveloper}
Date:
2
41
HUBERT J TURNER
93-543/929
DATE 11
I
zo
a2r �
. . .......... $
r
d DOLLARS000115,
Fa;urvk
J
1 -- 22 W. IDAHO P.O. BOX 7758
ALISPEL , Sri' 59904
I T fC 44 -755- 781 €
f
FOR
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0'0 A R A N T E E
a4S.S AMERdC,
9
FirstAmeri'can Title Insurance Company
Form No. 1282 (Rev. 1 11
FILE .: -0
-0
H-35913
SUBDIVISION OR PROPOSED S Dom. SION: Empi.e Estates, Phase
I . 00
SU
B To THE EXCLUSIONS FROM COVERAGE, THE LIMITS T ILT , AND OTHER
T ST N F THE CONDITIONST `
A IPUILATI NS HERETO ANNEXE -AD AST A.
OF ILS URANEE, FIRST AMERICAN TITLE INSURKNCE COMPANY, A CORPORATION,
Sands u veyin
PURPOSEFOR THE IS IoIAwI I 'L D SUBDIVISION
REGULATIONS, IN A SUM NOT EXCEEDING , 0 . .
H accord_Ln to those public records which, under the recording laws of the
State of Montana, impart. constructive notice of matters a e ti,n{ the title to
the lands described as follows:
tracr- of land, it at-edr iying, and oe" n 1 -a she Scut. vje t Quarter c�_ the
Southwest Quarte- of Section 1. Township North, Range 22 West, P.M.M. ,
Flathea Counter, Montana, and more pa. t.icula lydescribed a follows to wit:
Beginning at the Southwest corner of the Southwest Quarter of Selction 1,
Township 28 North, Range 22 West, . . . , Flathecad Counter, Mom tang, which
is a found aluminum, cap and the 'South-west corner l she _. :� oily
Estates, Phase 3 (records of FlW'_-headCounty, Montana) ; thence along the
South boundary of said w1 and the South boundary of said Plat
oz-th. °3#0" East 800.64 feet to the True Point ol" einni.ng of the tract
Of land herein described: thence along the Easterly boundary of said Dlat
North 0 °2 ,10" West 225.00 feet to a found iron pin on the Northerly rtq o
a 60 foot road known as Empire Loop; thence along said R/
South 8 3 ' 0" hest 161.23 feet to a found iron pin; thence leaving said R/W
North 0 0 ° ' 3 3 ## East 88.47 feet to a found iron pin; thence
South 9 " 3. ' 0" Wes." 297.38 feet to our iron � ,- thence
North 00 ° 6' 33 1# East 88.47 feet to a found -iron nin; thence
North 00Q3 ` " west 60.00 feet to a found iron pin; thence
North 0064613311 East 179.40 feet to a found iron pint- thence
or.h 00°0 f01" West 60,00 feet to a found iron pin; thence
North 00 ° 6' "1 East 180.76 feet to a pound iron pin; thence
North. 2 ' 3 ' 10'" West 68.59 feet to a found im-rQ pi-n; thence
North 0 0 ° 6 ' 3 3 " East 89.52 feet to a found iron pin on the Southerly boundary
of the Plat of Empire Estates, Phase 2 (records of Flathead County,
Mon t an a); thence along sa i S ou t o ly boundary
North ° 3 1 01x East 403.24 feet to a. found iron pin; thence
North °06' " East 55.05 feet to a found iron pin; thence
North 6 I° " East 49.02 feet to a found iron pin; thence
North ° 3 ' " West 33.37 feet to a found iron pin; thence
Continued...
FILE NO.: CT-86880
PAGE
�5
392
orth � ' 3 '` East 89.27 feet t a found �.ron can p e ter .y R/W of
said Empire .hoop; thence along said R W
South 8 ° f 5 " East 26.51 "Leet to a found iron pin f thence leavina said W
North 1 ° " East 163.75 feet to a found :Lro pin on the Westerly R/W o-f
the proposed Kalispell By-pass, which is on the chard of a SPI-rai CU27v ;
t-rLence leaving sated South boundary of said Plat and along said I VJ and
along said spiral chord
South al ' 4" East 295.35 feet to a set iron pin and the P.C. of a 1164.70
foot radius curve, concave Southwesterly (radios. bea-ring South ° 3` 8"
West), thence
Southeasterly along said curve through a central angle of 1 ° 9' " an a-1c
length of 324.94 feet to a set iron pin on a spiral curve; thence along a
spiral chord
South 00 ' 8' 4 " East 3 i 9 feet to a set iron p-i; thence
South 01 ° 9' 8 "° West- t 88 . 7 poet to the South ourl.dar of said s ue/ 4SW1 4;
�� icy leav } °° a� 1 11 V � � - tii r a" tr'
South 89 ° 3 ` 0" West 444.38 feet to the Point of Beginning,
Vie above -described tlract of land is to be }mown and des rI. e
EmpireEstates, Phase
Parties having record title interest in said lands whose sigiiatures are
necessary under the requirements of Flathead County su d.-Lvis on Regulations
on the cer t-. i cotes consenting to the recordation of Plats and of'erin for
dedicat-ion any streets, roads, avenues and ether easements offered for
dedication by said Plat are
Wayne E . Turner, vested party
( Parties holding 1-Lens or enc rarMces on the title to said lands are :
1. General and special county and city taxes nor the year 2005, a lien not
yet payable.
n addit.L
NOTE: ,fional 150.00 .as been assessed under Tax Receipt 04 -4 8 1
{This has been paid
3 Easements, claims of easements and restriction agreE_=ent of record are:
. Water Well Agreement upon. the tens, conditions and provisions contained
therein:
DATED : October 26, 1903
PARTIES : Richard M. Asher and H . H. Dingman
RECORDED: October 7 , 1907, in Book 90, Page 131, as Doc.
No, 4219, records of Flathead county, Montana.
Continued ...
FILE O.- CT-86880
PAGE
mm91
2
. County road rightly -of'_' - ay not recorded and indd exea conveyance in the
office of the Clerk and Recorder pursuant to tit-.1e 70, chapter 21, M.C.A.
. Possible easement created by -Permit to Appropriate Water by and between the
State of Montana eater Resource D Lvi ion and Paul ro eviler , dated December 7,
1979 and recorded December 31, 1979, in Book 685, Page 512, as Doc. No. 19911,
records of Flathead County, Montana.
. 1 4 lon To Annex And Notice of Withdrawal re Rural Fire District
executed by wayne E . Turner, recorded. July 14, 2003, as Do,.-. No.
o --11400, records of Flathead county, Montane..
. Resolution No. 4805 executed by the City o� Kalispell for anne cation,
recorded July 14, 2003, as Doc. No. 2003-195-1141.0, records of Flathead County,
Montana.
. Utility Easement certiioate as recited on the proposed Plat of Empire
Estates, Phase 4.
7. Articles of Incorporation of Empire Estates Homeowner's Association Inc.,
recorded June 9, 2004, as Doc. No. 2004-161-12130, records of F-Lathead County..
Mom Lana .
8. Brya of- Empire Estates Homeowner's Associatio ., Inc., recorded. June 9,
2004, as Doc. No. 2004-161-12160, records of Flathead County, Montana.
. Covenants, cond]-tions and restrIctions, recorded June 9, 2004, as Doc. No.
2004-161-12170, records of Flathead County, Montana, but deleting any covenant,
condition or restriction indicating a preference, 1jM4 tation or di cr minat—io .
based on race, color, religion, sex, handicaD, fa-milial status, or nat:�o al
origi n to the extent such ove =- t , conditions or restricts one violate42 USC
(c) .
to . Restriction on the proposed Flat of Empire Estates No. 4 which rates the
following: "Lots 3 through 7, Block ; Lots 3 through , Block 4, Lots
through 8 and Lots 16 through 21, Block 5; and Lots 12 through 21, Block 6 are
to be used for Single Family y .e idence Only."
1. -ility easements, landscape buffers, and any and all matters re-lating t
the proposed. Plat of Empire Estates, Phase 4.
Continued...
FILE .:CT-86880
PAGE
H-359135
. Declared County Road. (3 Mile Drive) as depictedon the proposed Plat o
E_mpire Estates Phase 4.
13. The b �� e described p o,pex ty is to e � � _M and subject to the
jurisdiction o- 1--he ity of Kalispell Fire Di tr-.e .
DATED: August 3, 2005 at 8:00 A.M-
Subscribed and sworn to before me -this
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in the abouve paragraph, unless prohibited by law or
governmental regulation, shall terminate any liability of
Iffie Company under this Guarantee to the Assured foir
that claim.
S. options to pay or Otherwise Saffle Claims:
Termination of Liability.
In case of a claim uncle- this Guarantee, the
Company steal.] have the lollowling additional opi; on1j,
i
�a) To Pay or Tender Payment of the Amount of
Liability or to Purchase the Indebtedness.
The Company shall have the. option lio pay or stele
or compTomise for or in the name of the Assured any
claim which could result in loss to the Assured within
the c ove rag e of th j s G u wrantlee , or to pay the f ul H amount
all this Guarantee or, if, this Guarantee is issued for the
benefit of a holder of a mo;rtgage or a fienholder, the
Company shall have the option to purchase 'the indebt-
adness secured by said mortgage or said lien for the
amount owing thereon, together wdlth any costs, reason-
able attorneys' fees and expensles incurred by, the
Assured Claimark which we�-e au-thorized by t1he
Company up to the time of purchase.
such purchase, payment or tender of payment of
the full amount of tile Guarantee sht-1111, terminate all lia-
bilifty of the Company hereundeE In the event after
-1 claim has been given to the 'Dompany by the
notice of 2 j �_?
Assurved the Company offefs to purchase said indebted-
ness, the owner of such indebtedness shall transfer afld
assign said indebtednesS, troget- er with any colialel-al
secuorp, to the. COMDany upon payment of the purchase
price.
Upon the exercise by the Company of the option
provided for in Paragraph the Company's obligation
to the Assured undu. this G uaraniteefthe c lai med I-OSS
of damage, other than M make tie payment required 1111
that Paragraph, it terminate. including any cobligation
to continue n, e defense or prosecution c1 any flitigation
for whilch the Company Nas exercised fts options undeir
Paragraph 4, and t-he Guaranlee shall be swerandered to
the mpanfor cancelletion.
i 'b) To Pay o- Oihervvirse Se-Iffle With Parties Other
Than thie Assured or With the ASsured Claimant.
T lb pay or otherwise settle with other parties fo3 or
i
In the name of ar. Assured claimant any claim assured
agains"', under VMis uGiiarantee- ltogeffizer W0 any cosi-s-,
a
y 4 ttorneys' fees and expenses incurred b Me Assured
claimant which viere authorized by the (3ompany up to
'the time el nayment and wfich 55k,he Compafly is obligat-
ed to pay.
Upon the exercise by the Dopmovany of tte option
provided for in Paragraph (b) the Company's obligetion
to the Assured under this Guarantee for the in, W1 med loss
ole damage- of of than to make the payment neqwred in
"Ma! par agrapN shall, tei'minate.- including any ;-j-Ng,.:,A,1on
10 cont-inue the defense or prosa-cwYofl of anyY fftigaUon,
for which the Company has rexerdsFed, its tions nder
Paragraph 4.
E
7= Determination and Extent of Liability,
This Guarantee i's an copit.ract of Indemnity against
actual monetary loss or damage; suqS-tained or incurred
5
by the Assured daimant who has suffered loss 01- dawM-
9 W
by reason off reliance upon the asl_suranc8os sat forth
in this Gluarantee and o ply to the ext.rent herein
ve
described ': aid s u0iacl to theEyziu-sions roe M, C'o rage
T , , G 11 aran'le e.
The, liability of the Compafl.v Linde!, this Guaran
to the Assured shall not exceed the least of,
(a) the amount of liability stated in Schedule A or
in Part 2:
(b) the amount of the unpaW principal Indebted-
ness secured by the mortgage of an Assured molgagee,
as Ihmit-ed or Provided under Section 6 of thease
Conditions and Stipulations o.r as reduced under Sef-Tion
9 of these Conditions and Stipulations, alt the tim, e thva
loss or damage assured. against by this GuaFanjee
0C C, u rs, together w ith Interest th ffo P,,, o r
M the difference between, the va'ue of the estate
or interest covered hereby as stated herein and the value
of the estate or interest subject to any defect, lien or
enicumbrance assured against by this
8. Limitation of Liability.
(a) if the Company establishes the blifie, or
removl-S the afleged defect, fien or encumbMnce, or
t -unes anv other matter assurad against by thk2 a V I�F
G u-a r a ,tee- In a reasonably diligent manner by any
melthod, including 11tigation and the completioig of any
appeai.s therafrom, R shall have f ully perf of med its
obligallons with respect to that matter and shall not be
'liable for any lass or darnage caused thereby,
(b) In the event of any Rigalflon by the company or
with Me Company's ,Consent, the opany shall have
oor dam.age unI.1tre, has been a linal
no iiability fo:
det,effni,galion by a -GOurt of compelaill PirisdiGISon, and
disposition of, all appea's therefrom. adverse to [he bitle.
as stated hey rein�
(c) The Company shall. not be Iflable fw, loss or
damage to any Assured for flablifty voluntadly assumed
by Me Assured in seffiliag any claim or suit withoW� the
prior wriften wnsent of the Company ,
I
9. Reduction of Liability or Tarminefion of
Liability,
All Payments una-eir this Guafrantee, excejpz ' pay-
ments made., for cosi[s, aUrntws' fees and expBMSeS
pursuant Paragraph 4 shall rediulcee the amouni-I of
lability pro tame.
10, Payment of Loss¢
No payment shall InA made without prop uk-ring
-this Guarantee fu-r endorsement of tie paivment unless
the G u arante e has been lost o zr d e strov e. d, J n whi c h c-, ase
prooll of loss or destnic-11an Shall be fiurMshe d top the
seus"faction of the Company
b) When liability and -Iffie exte. of loss or damage
has been definitely fixed in accordanCle with these
.111� I
1 n E i
Uc nditions and Stipulabons, the loss or damage shall be
payabfe within thdirtly (301 days thereaft.e.r.
11 Su bragation Upon Payment or Selflem ent,
Whe±nievel: the COMDarly sha'H N_Ive. setflffl.d and
pay a dairnn under this Guarantee, all dgrit of subEroga
bon shall vest, in the Company unerl&CIed by anv act of
1 7
the Assured claimant -
The Companv shall be subragated to and be
"bed to all Nhts amid rema6ewh'nh the Assured ens
wom'-4 haive ;hiad; against aq -erson ).5, pnoo@rty
respec,t. to VhRe claim had this Guarantee not been iSsued.
Iff requesIaal by the Com.oany. -the Assured shiall transfef
to the Company alli fight's and Feme-a-fies against -My per-
ISMI Or proper�,; necessary un ordelr to Derfact this rimht
ot subro-galrian. The AssuwT-d sh?aM Dermnt the Compny
to sue, compromi,se, or seftle in th"'_' fla-Me- Or' the sured
and to wse the na-me of the Assuired in, anv trapsaic"bon
d
o �r 1 it i g a t i o I -E in vo - 1v i in g thne 3 ights or Mme ; Z_
a payment on account CrI a Claim does Pot fully
cover the loss of the Assured the Company shall be
subrogated to all rights and remedies of the Assured
after the Assured shall have recovered its principal,
Hecfi on. in"�'erest, and casts of co, 74
12. Arbitration.
Unless pro-pibited by applicable law, ether Me
Company or the Assured may demand arbitration pur-
suant to the 1"ifle Inswrance Aitftrad,on Rules of - ffie
Amed,c,an arbitration Association. ArMirable matte2es
may include, but are not limited 'to, any Controversy or
claim between the Company and the Assured sing out
ol or relating to this Guarantee, any service ol the
Comwv in connection with its Issuance or t-NE) br,,-.,.ach
of a Guarantee provishon or other obligation. All arbitra-
bie matters when the Amount of Uabilfty is $1,000,00-0
or less shall be arbitralted at the option of ether the
Company or Me Asswed. M arbftmbla mmll.ers when
, '_ U0 al 2. 0s h l the amount of Habillity is in excess -Y1 $1 UT
be arbitrated ors w h e in agreed to by btu the LC'o m p a n y
and tha. YksSured. The Rules in geffect at Date of
Guarantee sMl be binding upon the parties, The award
may invh)ude attorneys, fees only if the IaWS of the State
f 11,- -Me land is located oerrmfts a cour! to award in wh;c1 2
attorneys' fees to a prevailing nafty. JudgMIRent upor, thez
M
avjafd rendered by the Arbitretar(s) may Me evlived I
any nourl( having iudsdicflon thereof.
Tie law of Me, sites of the land shaft appi'Y to an
arbitration under the Title insurance Arbitration Rules.
A copy of the Rules niv be Mained from the
r 0 �, Comparly up -on requ,st
Liability Limited to This Guarantee,
n
Guarafflee Entire Contract,
far' This Gualranlae together with all endorsemanis,
if any, affached hereto by the, Company is the anlflre
GuapranteRg and, Contract b�etweuen the ASsarad aml V'ie
Company. in interp,reting any provision of this
Gula'-lraWme- this Guarantee shall be co�Strued as a
whole.
(b) Any claim of loss or damage, vvhietMr or not
Nased on negligencp., or any action asserNpg such
claimshall be r2es1',,r1ct,5_,,§d to this Gu,-ftrantEe.
No ampendmept of or endorsement to this
G uarapil.ae . -, can be made exscept by a wrftwng andoMed
hereon of, at",ached heMtrj skuned by either the
President, a ViCe PresideinIt the, acre --I , wn P6sJs tant
Seca etwy, of validating oFficer or authorized Signatofy of,
the Company.
14. Notpkcm Where Senl
AiLl ll natkaes required to be given the Company and
any statement in rating required to be. furn-Ished the
(13om.n.any shall fflcl�de the number of this Gi%J�aranteev
an d s h ca 11 -D e a --(.1 dre q, s e d, to the (_."o m p a P, y alt 4 EastF i It h
S11reet., Sania A. a,, Gahfornja 92101.