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14. Final Plat Approval - Sunnyside Phase 2Tri-City Planning Office 17 Second Street East - Suite 211 Kalispell, Montana 59901 Phone: (406) 751-1850 Fax: (406) 751-1858 tricity�&,ce nturytel. net www.tricityplanning-mt.com REPORT TO: Kalispell Mayor and City Council FROM: Narda A. Wilson, Senior Planner Chris A. Kukulski, City Manager SUBJECT Final Plat for Sunnyside Subdivision Phase 2 MEETING DATE: May 3, 2004 BACKGROUND: This is a request for final plat approval of Sunnyside Subdivision Phase 2 that plats 38 townhouse lots and 17 single family lots for a total of 55 lots on approximately 9.063 acres. This phase of Sunnyside Subdivision lies south of Sunnyside Drive, and west of Boise Avenue. Phase 1 of Sunnyside subdivision was platted in September of 2003 with those seven lots fronting along Boise Avenue. Phase 2 lies to the west of Phase 1 and includes a new internal roadway with an access off of Sunnyside Drive which is an extension of Ashley Drive. This subdivision is being platted in two phases rather than the three phases initially anticipated primarily because of market conditions. The property was annexed into the city and the subdivision given preliminary plat approval by the Kalispell City Council on October 7, 2002 subject to 15 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. One of the conditions of approval for the subdivision was a traffic impact study assessing the impacts to the roadways in the area and recommended improvements. The traffic study recommended an intersection sign be installed approximately 300 feet from Ashley Creek for west bound traffic. A bond has been posted for this sign as well as the street signs and is part of the subdivision improvements agreement. Additionally, the study recommended that a clear vision triangle be maintained at the southeast corner of Ashley Drive and Sunnyside Drive. However, there are several pre-existing utility boxes and telephone pedestals that were in existence prior to the platting of the subdivision which cannot be easily relocated. In accordance with the conditions of approval, approximately two-thirds of the required infrastructure has been completed and a subdivision improvements agreement has been submitted with a letter of credit in the amount of 125 percent of the cost of the remaining improvements or in the amount of $150,420.00. The remaining improvements are anticipated to be fully completed by July 31, 2004. A proportionate share of the required cash in lieu of parkland dedication was submitted with the final plat application in the amount of $7,025.70. Providing Community Planning Assistance To: • City of Columbia Falls • City of Kalispell • City of Whitefish Final Plat for Sunnyside Subdivision Phase 2 April 28, 2004 Page 2 RECOMMENDATION: A motion to accept the subdivision improvements agreement and approve the final plat for Sunnyside Subdivision Phase 2 would be in order. FISCAL EFFECTS: Potential minor positive impacts once developed. ALTERNATIVES: As suggested by the City Council. Respectfully submitted, 7 nk- Narda A. Wilson Chris A. Kukulski Senior Planner City Manager Report compiled: April 28, 2004 Attachments: Letter of transmittal 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@centurytel.net April 28, 2004 Chris Kukulski, City Manager City of Kalispell P.O. Drawer 1997 Kalispell, MT 59901 Re: Final Plat for Sunnyside Subdivision Phase 2 Dear Chris Our office has received an application from Sands Surveying for final plat approval of Sunnyside Subdivision Phase 2 that plats 38 townhouse lots and 17 single family lots for a total of 55 lots on approximately 9.063 acres. This phase of Sunnyside Subdivision lies south of Sunnyside Drive, and west of Boise Avenue. Phase 1 of Sunnyside subdivision was platted in September of 2003 with those seven lots fronting along Boise Avenue. Phase 2 lies to the west of Phase 1 and includes a new internal roadway with an access off of Sunnyside Drive which is an extension of Ashley Drive. This subdivision is being platted in two phases rather than the initially anticipated three phases primarily because of market conditions. In accordance with the conditions of approval, approximately two-thirds of the required infrastructure has been completed and a subdivision improvements agreement has been submitted with a letter of credit in the amount of 125 percent of the cost of the remaining improvements or in the amount of $150,420. The remaining improvements are anticipated to be fully completed by July 31, 2004. A proportionate share of the required cash in lieu of parkland dedication was submitted with the final plat application in the amount of $7,025.70. The property was annexed into the city and the subdivision given preliminary plat approval by the Kalispell City Council on October 7, 2002 subject to 15 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 No. 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. Providing Community Planning Assistance To: • City of Kalispell - City of Columbia Falls - City of Whitefish Final Plat for Sunnyside Subdivision Phase 2 April 28, 2004 Page 2 • This condition has been met. Phase 2 of the subdivision is in substantial compliance with the preliminary lot layout and roadway design. Condition No. 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 roads and include the pavement, curbs, gutters, storm drainage, sidewalks and a minimum five foot landscape boulevard with street trees placed in accordance with a plan approved by the parks and recreation director. 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 met. A letter from the Kalispell Public Works Department dated 6/5/03 approving the plans and specifications for the proposed improvements has been included with the final plat application. Certification of work to date is attached from the applicant's engineer, WMW dated 4/5/04 along with a letter from the Kalispell Public Works Department dated April 27, 2004 has been submitted with the final plat. A Subdivision Improvements Agreement in the amount of $120,336 has been proposed to cover the amount of work that remains to be completed. Accordingly, a personal check for collateral in the amount of 125 percent or for $150,420 has been submitted with the SIA. Condition No. 3: That a letter be obtained from the Kalispell Public Works Department approving the water, sewer and drainage facilities for the subdivision. • This condition has been met. A letter from the Kalispell Public Works Department dated 6/5/03 approving the proposed improvements has been submitted with the final plat. Condition No. 4: 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 dated 6/5/03 from City of Kalispell Public Works Department approving the drainage plan has been submitted with the final plat. Condition No. 5: That the developer obtain a letter from the Flathead County Road Department approving the intersection of the internal subdivision road and Sunnyside Drive certifying that any necessary improvements have been completed. Final Plat for Sunnyside Subdivision Phase 2 April 28, 2004 Page 3 • This condition has been met, A letter from the Flathead County Road Department dated 4/2/04 approving the intersection and a permit with a post inspection approving the improvements dated 4/26/04 has been submitted with the final plat. Condition No. 6: The roads 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 No. 7: 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 with no date has been submitted with the final plat stating that a mail delivery site has been established without other specifications. Condition No. 8: 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. The street lights have been included in the subdivision improvements agreement. Condition No. 9: That the parkland dedication requirements shall be met by paying cash -in -lieu of parkland dedication in the amount of one ninth of the area devoted to lots or approximately 0.82 acres, based on a value of $10,000 per acre in the amount of $8,197. • This condition has been met. During Phase 1 filing of the final plat $1,062.60 was submitted as a pro-rata amount of the cash in lieu of parkland dedication requirements based on the area in lots. Phase 2 has 6.387 acres in lots with 11 percent of that being subject to parkland or $7,025.70. A check for that amount has been included with the final plat application. Condition No. 10: All utilities shall be installed underground. • This condition has been met. Condition No. 11: That the fire access and suppression system comply with the Uniform Fire Code and a letter from the Kalispell Fire Department approving the access and number and placement of fire hydrants within the subdivision as well as fire flows and access shall be submitted with the final plat. The fire access and suppression system shall be installed and approved by the fire department prior to final plat approval. Final Plat for Sunnyside Subdivision Phase 2 April 28, 2004 Page 4 • This condition has been met. A letter from the Kalispell Fire Department dated 4/27/04 has been submitted. Condition No. 12: That a minimum of two-thirds of the necessary infrastructure for this subdivision shall be completed prior to final plat submittal. • This condition appears to have been met. A subdivision improvements agreement has been submitted to cover the remaining improvements. It appears that most of the necessary improvements have been installed including pavement, curb, gutter, most of the sidewalks, water and sewer. This would be in excess of the required two-thirds necessary for final plat. Condition No. 13: All areas disturbed during development of the subdivision shall be re -vegetated with a weed -free mix immediately after development. • This condition has been met. Disturbed areas have been hydroseeded. Condition No. 14: A traffic study be prepared at the developer's expense assessing the impacted area to identify current conditions, the impacts of the proposed development on the roadways in the area and to identify mitigation. Mitigation shall be coordinated with Kalispell Public Works with such costs borne by the developer. • This condition has been adequately addressed. The required traffic study has been included in the final plat and makes recommendations for an intersection sign 300 feet from Ashley Creek for westbound traffic and for a clear vision triangle at the southeast corner of Ashley Drive and Sunnyside Drive. Pre- existing utility pedestals are within the clear vision triangle identified in the traffic study and cannot be relocated. The recommended intersection sign is noted in the traffic study is part of the subdivision improvements agreement and will be placed when the street signs are installed for the rest of the subdivision. Condition No. 15: That preliminary approval shall be valid for a period of three years from the date of approval. • This condition has been met. This phase has been filed within the allowed timeframe. 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 October 7, 2002. A note has been placed on the face of the final plat designating lots for single family development that were so identified in the preliminary plat submittal. Final Plat for Sunnyside Subdivision Phase 2 April 28,2004 Page 5 COMPLIANCE WITH THE SUBDIVISION REGULATIONS: This subdivision plat has been found to be in compliance with the State and City Subdivision Regulations. COMPLIANCE WITH THE ZONING REGULATIONS This subdivision can be found to be in compliance 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 the Sunnyside Subdivision Phase 2 and accept the subdivision improvements agreement as submitted. Please schedule this matter for the regular city council meeting of May 3, 2004. Sincerely, Narda A. Wilson Senior Planner NW/ Attachments: Vicinity map Plat showing phases 1 and 2 1 opaque mylars of final plat 1 reproducible mylar of final plat 1 copy of final plat Ltr from Sands Surveying dated 4/9/04 Final plat application no date Ltr from Env Health Svcs dated 7/ 14.03 Ltr from Kalispell Public Works Dept dated 7/5/03 Ltr from Kalispell Public Works Dept dated 4/27/04 Ltr from Kalispell Fire Dept dated 4/27/04 WMW engineer's certification dated 4/5/04 Ltr from WMW addressing intersection sign dated 4/23/04 Subdivision improvements agreement and certification USPS letter no date MDEQ letter dated 7/ 13/03 Final Plat for Sunnyside Subdivision Phase 2 April 28, 2004 Page 6 Treasurers certification dated 4/6/04 Title report dated 3/26/04 Letter from FCRD dated 4/2/04 Approach permit post approval dated 4/26/04 Traffic impact study 2/4/03 Cash in lieu of parkland check for $7,025.7 Check for $150,420 for SIA collateral c: Sands Surveying, Inc., 2 Village Loop, Kalispell, NIT 59901 Owl Corporation, 500 Palmer Ave, Kalispell, MT 59901 Theresa White, Kalispell City Clerk H: \... \ KFP0405SUNNYSIDE. DOC APPENDIX E SUBDIVISION IMPROVEMENT AGREEMENT THIS AGREEMENT, made and entered into this day of 2004, by and between the CITY COUNCIL, CITY OF KALISPELL, MONTANA, Parry of the First Part and hereinafter referred to as the CITY, and OWL Corporation , (Name of Developer) a Corporation (Individual, Company or Corporation) Iocated at 500 Palmer Drive, Kalispell, 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 Sunnyside Subdivision, Phase 2 (Name of Subdivision) located at Ashley Drive (Location of Subdivision) and, WHEREAS, the City has conditioned it's approval of the final plat of Sunnyside Subdivision, Phase 2 upon the conditions as set forth in the Preliminary Plat of the (Name of Subdivision) of the Subdivision being completed and all improvements, as cited in "Exhibit A" have not been completed at this time, and the Developer wishes to bond for the completion of those improvements set forth in "Exhibit A", and WHEREAS, the City's Subdivision Regulations require that a subdivider shall provide a financial security of 125% of the estimated total cost of construction of said improvements as evidenced by an estimate prepared by a licensed public engineer included herewith as "Exhibit B' and WHEREAS, the estimated total cost of construction of said improvements is the sum of $ 120,336 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 $ 150,420 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 $ 150,420 the estimated cost of completing the required improvements in Sunnyside Subdivision. Phase 2 (Name of Subdivision) b. That if the Developer fails to complete the specified improvements within the required period, the creditor will pay to the City immediately, and without further action, such funds as are necessary to finance the completion of those improvements up to the limited of credit stated in the letter; 2. That said required improvements shall be fully completed by 7uly 31 2004 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 shalt be returned to the Developer or the crediting institution, as is appropriate. IN WITNESS WHEREOF, the Parties have hereunto set their hands and seals the day and year herein before written. OWL Corporation (Name of SubdivisionMeveloper/Firm) by Mark Owens STATE OF MONTANA COUNTY OF FLATHEAD On this `? ` day of Public for the State of Montana, pe known to me to be the whose name is subscribed to the of executed the same. Secretary/Treasurer (Title) 20 04 , before me, a Notary appeared 41,,ek 17u)�r.�5 ofr,J_ t�LGrz�, instrument and acknowledged to me that he/she IN WITNESS WHEREOF, I have hereunto set my hand and al Radlmly,Notarial Seal this day and year first ahoy rztten. a``" l3 C. T /"°o, 6TAFitx; 9otary Pub&c for theState of Montana SEAL Residing at My Commission Expiresfcj u Oq�, ,,10,' nM111 MAYOR, CITY OF KALISPELL ATTEST: laIr.I1_Ituff This agreement specifically includes the following improvements, their projected construction completion date and estimated construction costs. ESTIMATED CONSTRUCTION COSTS Street Grading/Paving $ 45,740 Sidewalks $ 51,490 Street Signs $ 1,276 Landscaping - Site Restoration $ 8,730 Trees - 68 @ $175 each $ 11,900 Engineering $ 1,200 SUBTOTAL $120,336 FEES TOTALS COSTS $120,336 TOTAL COLLATERAL (TOTALS COSTS X 125%) $150 420 Estimated date of completion of July 31, 2004 a RESOLUTION NO. 4742 A RESOLUTION CONDITIONALLY APPROVING THE PR:ELINIINARY PLAT OF SUNNYSIDE SLBDIVISION, MORE PARTICULARLY DESCRIBED AS ASSESSOR'S TRACT 8 IN SECTION 19, TOWNSHIP 28 NORTH, RANGE 21 WEST, P.NI.M., FLATHEAD COUNTY, MONTANA. WHEREAS, Owl Corporation, the owner of certain real property described above, has petitioned for approval of the Subdivision Plat of said property, and WFTEREAS, the Kalispell City Planning Board and Zoning Commission held a public hearing, on September 10, 2002, on the proposal and reviewed Subdivision Report #KPP- 02-6 issued by the Tri-City Planning Office, and WHEREAS, at the Kalispell City Planning Board and Zoning Commission meeting, a motion to approve the Preliminary Plat of Sunnyside Subdivision failed on a 3-3 tie vote, and WHEREAS, the City Council of the City of Kalispell at its regular Council Meeting of October 1, 2002, reviewed the Tri-City Planning Office Report r' PP-02-6, reviewed the reommendatiors of the Kalispell City Planning Board and Zoning Commission, and found from the Preliminary Plat, and evidence, that the subdivision is in the public interest. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF KALISPELL, MONTANA AS FOLLOWS: SECTION I. That the Findings of Fact contained in Tri-City Planning Office Report #KPP-02-6 are hereby adopted as the Findings of Fact of the City Council. SECTION 11, That the application of Owl Corporation for approval of the Preliminary Plat of Sunnyside Subdivision, Kalispell, Flathead County, Montana is hereby approved subject to the following conditions: I. 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. 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 roads and include the pavement, curbs, gutters, storm drainage, sidewalks aid a minimum five foot landscape boulevard with street trees placed in accordance with a plan approved by the parks and recreation director. 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. That a letter be obtained from the Kalispell Public Works Department approving the water, sewer and drainage facilities for the subdivision. 4. 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. That the developer obtain a letter from the Flathead County Road Department approving the intersection of the internal subdivision roads and Sutmyview Drive certifying that an}' necessary improvements have been completed. The roads within the subdivision shall be named and signed in accordance with the policies of the Kalispell Public Works Department and the Unifonn Traffic Control Devices Manual and be subject to review and approval of the Kalispell Fire Department. The developer shall provide a letter from the U.S, Postal Service approving the plan for mail service. Street lighting shall be located within the subdivision and shall be shielded so that it does not intrude unnecessarily onto adjoining properties. That the parkland dedication requirements shall be .net by paying- cash -in -lieu of parkland dedication in the amount of one ninth of the area devoted to lots or approximately 0.82 acres, based on a value of $10,000 per acre in the amount of $8,197. 10. All utilities shall be installed underground. 11. That the fire access and suppression system comply with the Uniform Fire Code and a letter from the Kalispell Fire Department approving the access and number and placement of fire hydrants within the subdivision as well as fire flows and access shall be submitted with the final plat. The fire access and suppression system shall be installed and approved by the fire department prior to thial plat approval. 12, That a minimum of two-thirds of the necessary infrastructure for this subdivision shall be completed prior to final plat submittal. 13. All areas disturbed durinct development of the subdivision shall be re -vegetated with a weed -free mix immediately after development. 14. A traffic study be prepared at the developer's expense assessing the impacted area to identify current conditions, the impacts of the proposed development on the roadways in the area and to identify mitigation. Mitigation shall be coordinated with Kalispell Public Works with such costs borne by the developer. 15. That preliminary approval shall be valid for a period of three years from the date of approval. SECTION III. Upon proper review and filing of the Final Plat of said subdivision in the office of the Flathead County Clerk and Recorder, said premises shall be a subdivision of the City of Kalispell. PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF THE CITY OF KALISPELL, THIS 7TH DAY OF OCTOBER, 2002. Pamela B. KetmedyL Mayor ATTEST: Theresa White City Clerk SANDS SURVEYING, INC. 2 Village Loop Kalispell, MT 59901 406-755-6481 Fax 406-755-6488 Tri-City Planning Office Attention: Narda Wilson, Senior Planner 17 Second Street East Suite 211 Kalispell, MT 59901 RE: Sunnyside Subdivision, Phase It Final Plat Dear Narda: Attached please find the materials necessary to file the final plat of Sunnyside Subdivision, Phase II. I have listed the Conditions of Approval, and then subsequently addressed how each Condition was met. Sunnyside Subdivision was granted Preliminary Plat approval on October 7, 2002 and the approval expires as of October 7, 2005. 1. Development of the subdivision shall be in substantial conformance with the approved preliminary plat, which shall govern the general location of the lots and roadways within the subdivision. The Final plat 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 roads and include the pavement, curbs, gutters, storm drainage, sidewalks and a minimum five foot landscape boulevard with street trees placed in accordance with a plan approved by the parks and recreation director. 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 certifications from WMW Engineering and the City of Kalispell. The street trees requirement has been met within the Subdivision Improvements Agreement. 3. That a letter be obtained from the Kalispell Public Works Department approving the water, sewer and drainage facilities for the subdivision. Please refer to the attached letter from Kalispell Public Works and Flathead City County Health Department. 4. 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 has been included in the letter from Kalispell's Public Works letter. 5. That the developer obtain a letter from the Flathead County Road Department approving the intersection of the internal subdivision roads and Sunnyview Drive certifying that any necessary improvements have been completed. Please refer to the attached road approach permit and letter from Charlie Johnson, Supervisor, Flathead County Road and Bridge Department. 6. The roads 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 road signs are included within the SIA. T The developer shall provide a letter from the U.S. Postal Service approving the plan for mail service. Please refer to the attached letter from the LISPS. 8. Street lighting shall be located within the subdivision and shall be shielded so that it does not intrude unnecessarily onto adjoining properties. This has been completed. 9. That the parkland dedication requirements shall be met by paying cash -in -lieu of parkland dedication in the amount of one ninth of the area devoted to lots or approximately 0.82 acres, based on a value of $10,000 per acre in the amount of $8,197.00. This was paid at the filing of Phase 1. 10. All utilities shall be installed underground. All utilities are installed underground as per WMW's certification letter. 11, That the fire access and suppression system comply with the Uniform Fire Code and a letter from the Kalispell Fire Department approving the access and number and placement of fire hydrants within the subdivision as well as fire flows and access shall be submitted with the final plat. The fire access and suppression system shall be installed and approved by the fire department prior to final plat approval. Please refer to the attached letter from the Kalispell Fire Department. 12. That a minimum of two-thirds of the necessary infrastructure for this subdivision shall be completed prior to final plat submittal. The remaining amount of improvements as covered by the Subdivision Improvement Agreement is less than 1/3 of the overall amount of improvements required. 13. All areas disturbed during development of the subdivision shall be re -vegetated with a weed -free mix immediately after development. All of the disturbed areas have been hydra -seeded with a weed -free mix. 14. A traffic study be prepared at the developer's expense assessing the impacted area to identify current conditions, the impacts of the proposed development on the roadways in the area and to identify mitigation. Mitigation shall be coordinated with Kalispell Public Works with such costs borne by the developer. Please refer to the attached traffic study. 15. That preliminary approval shall be valid for a period of three years from the date of approval. This final plat is being submitted before the three year deadline expires. Thank you for your kind consideration of this final plat document. Please feel free to call should you have any further questions or concerns. Sincerely, Erica Wirtala Tri-City Planning Office 17 Second St East, Suite 211 Kalispell, MT 59901 Phone: (406) 751-1850 Fas: (406) 751-1858 FINAL PLAT APPLICATION Project Name: SUNNYSIDE SUBDIVISION PRASE 2 Contact Person: Name: TOM SANDS SANDS SURVEYING INC. Address: 2 VILLAGE LOOP KALISPELL MT 59901 Phone No.: 755-6481 Date of Preliminary Plat Approval: OCTOBER 7 2002 Owner & Mailing Address: OWL CORPORATION 500 PALMER KALISPELL MT $9901 ATTENTION: MARK OWENS Type of Subdivision: Residential XX Industrial ____Commercial PUD .Other No. of Lots Proposed 55 Parkland (acres) Land in Project (ac.) 9.063 Cash -in -Lieu $_7,025.70 Exempt FILLING FEE ATTACHED $ Minor Subdivision with approved preliminary plat $300 + $30/lot Major Subdivision with approved preliminary plat $650 + $40/lot Subdivisions with Waiver of Preliminary Plat $500 + $30/lot Subdivision Improvements Agreement $ 50 Not Attached Applicable (MUST CHECK ONE) _sxi Health Department Certification (Original) _xxi Title Report (Original, not more than 90 days old) _XX_ Tax Certification (Property taxes must be paid)l) _mt_ Consent(s) to Plat (Originals and notarized) _xx_ Subdivision Improvements Agreement (Attach collateral) Parkland Cash -in -Lieu (Check attached) Maintenance Agreement _ Plats: I opaque OR 2 Wars 1 Mylar copy 1 signed blueline 4 bluelines 4 bluelines, 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 engincefs certification, State Department of Health Certification, etc., original letters shall be submitted. Blanket statements stating for example, "all improvements are in place" are not acceptable. 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 3O 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. /�—V-7 Owner(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 park boundaries 3. Eastment 4. Roads or rights -Of -way 5. A tie to either an existing subdivision corner or a comer of the public land survey sytem As approved by the TCPB on 12/19/01 Effective 111IO2 Administration 751-8101 FAX 751-8102 Community Health Services Environmental Health Services 751,8110 FAX751-8111 Reproductive Health Services 1035 First Avenue West Kalispell, MT 59901 (406) 751-8130 Fax: 751-8131 751-8150 FAX 751-8151 WIC Services 751-8170 FAX751-8171 Monday, July 14, 2003 Lee J. Griswold WM W Engineering 50'N. 2 nd. St. Wh,rifish, MT. 59937 ;e. Sunnyside Subdivision, Phase 2, Water & Sewer Main Ext., Kalispell, Ptroj. 4 FH-03-08 Dear Lee, The plans with specification notes, certified checklists and required documents for the above referenced project have been reviewed by this office and are satisfactory. Approval to proceed with the project is hereby given. One set of the approved plans is enclosed. This project includes installation of water and sewer main extensions as shown on plans prepared by WM W Engineering -and received by this office on 6/20/03. The plans were submitted under the seal and stamp of Paul Wells, 4 7378 E. Approval is given with the understanding that any deviation from the approved plans and specifications will be submituA to the department for review and approval. Prior to commencing use of any portion of a new public system, the owner or his engineer, shall certify by letter to the Department that the portion of the system to be put into se was built in accordance with approved plans and specifications. As -built drawings for the portion of the syston put into use must be provided to the Department within 90 days after the date of initial use. Within 90 days afte- he entire project has been completed, the project engineer shall certify to the Department that the project was insp„ ;ted and found to be installed in accordance with the plans and specifications approved by the Department. Th;s certification shall be accompanied by a set of record as built drawings of the entire project, signed by the rroject engineer. It is further understood that construction will be completed within three years following the date of approval. If more than three years elapse before completing construction, plans and specifications must be resubmitted and approved before construction begins or resumes. This three year expiration period does not extend any compliance schedule requirements associated with a Department enforcement action against a public water or sewage system. Please contact this office if you have any questions. Sincerely, Rich ad T. Montgomery, P.E 7L Enwronmentat Engineer cop]"' to: Water Quality Division- Helena & Kalispell City of Kalispell, Dept. of Public Works It is the mission of the Flathead City -County Health Department to assure the conditions in which people can be healthy through collaboration, promoting stewardship of our resources, and providing preventive health services to our community. City of KalispelliWorks Department Post Office Box 1997, Kalispell. Montana 59963-1997-TellAxone (406)758-77"0, Fax (405)758-7831 June 5, 2003 WMW Engineering, PC Consulting Engineers 50 West Second Street Whitefish, Montana 59937 Attention: Lee Griswold RE: Sunnyside Subdivision, Phase 2 Kalispell, Montana Dear Lee: The recently submitted revised plans for the referenced project have addressed the concerns outlined in our project meeting. The construction plans and supporting documents for the referenced project are hereby approved. Attached is your copy of the letter of approval sent to the Flathead City -County Health Department. We look forward to working with you on this project. Respectfully, Frank Castles Civil Engineer Attachment: As Stated City of Kalispell Public Works Department Post Office Box 1997, Kalispell, Montana 5990 i-1997 - Telephone (406)758-7720, Fax (406)758-7831 x= April 27, 2004 Owl Corporation 500 Palmer Drive Kalispell, Montanta 59901 Attention: Mark Owens RE: Sunnyside Subdivision, Phase II Kalispell, Montana Dear Mark: Based upon your letter dated April 5, 2004, the Subdivision Improvement Agreement Appendix E, Exhibit B, and an on -site observation of the project site, the construction of the City`s infrastructure is approved. The remaining items of work are: Sidewalks (sidewalk ramps do not meet ADA nor City intent) Street Signs Landscaping Trees If you have any questions, please do not hesitate to contact this office. Sinc rely, (5�_ Frank Castles, P.E. Assistant City Engineer Randy Brodehl - Fire Chief Jim Stewart - Assistant Chiet7Frevention Dee McCluskey — Assistant Chief/Operations April 27, 2004 Sands Surveying 2 Village Loop Kalispell, MT 59901 Attn: Erica Wirtala Re: Final plat approval — Sunnyside Subdivision Phase 2 Dear Erica, 312 First Avenue Bost Kalispell, Montana 59901 (406)758-7760 FAX: (406) 758-7952 In response to your request for final plat approval of the above -reference project we have the following information. • Fire hydrant locations and fire department access is approved by this department. Please contact me if you have any questions- Si;a;41 Jim Stewart Assistant Fire Chief/Fire Marshal Kalispell Fire Department cc: Narda Wilson, Tri-City Planning Office "Assaling our eammuntly w reducing, preventing, and mitigating emergencies. " WMW ENGINEERING, PC Paul Wells, P.E. Principal Engineer April 5, 2004 Mayor Pam Kennedy and City Council Members City of Kalispell 800 Main Street Kalispell, Montana 59901 Dear Mayor Kennedy and Council Members: Consulting Engineers 50 West Second Street Whitefish, Montana 59937 Phone (406)862-7826 Fax (406)862-7827 Re: Sunnyside Subdivision - Phase 2 The work to date for Sunnyside Subdivision, Phase 2, has been installed according to approved plans and specifications. n re Paul T . Wells` WMW ENGINEERING, PC Paul Wells, P.E. Principal Engineer April 23, 2004 Ms. Narda Wilson, Senior Planner Tri-City Planning and Zoning Office 17 Second Street East, Suite 211 Kalispell, Montana 59901 Re: Sunnyside, Phase 2, Kalispell Dear Narda, Consulting Engineers 50 West Second Street Whitefish, Montana 59937 Phone (406) 862-7826 Fax (406) 862-7827 Be advised that the dollar amount listed in the Subdivision Improvement Agreement for signs covers the required intersection warning sign to be installed on Sunnyside Drive. Paul I WeljS July 23, 2003 L1NfiEL7ST1i7ES t'OSTIlLSET 110E FLATHEAD STATION 248 FIRST AVENUE WEST KALISPELL MT. 59901-9998 Phone 406-755-0187 Fax 406-755-0376 To: Flathead County Planning Board Re: Sunnyside Subdivision To whom it concerns: The above referenced project has been reviewed. A suitable location for mail delivery has been established. Boxes will be installed at a suitable location with a turnout for the carrier to service these boxes. If you have any questions, please feel free to call me at 755-0187. Sincerely, C: Barbara D. Wuertz Acting Station Mgr. lbw (406)-755-0187 FAX: (406r755-0376 �l Montana Department JUNVMONMENTAL � Judy Martz, Governor P.O. Box 200901 m Helena, NIT 59620-0901 m (406) 444-2544 e Websitec www.deq.state-mt.us June 13, 2003 WMW Engineering PC Lee Griswold 50 West Second St Whitefish MT 59937 Dear Mr Griswold: RE: Su:nnysidc Subdivision Phuse 2 Municipal Facilities Exclusion EQ#03-2727 City of Kalispell Flathead County This is to certify that the information and fees received by the Department of Environmental Quality relating to this subdivision are in compliance with 76-4-127, MCA and ARM 17.36.602. Under 76-4-124, MCA, this subdivision is not subject to review, and the plat can be filed with the county clerk and recorder. Plans and specifications must be submitted when extensions of municipal facilities for the supply of water or disposal of sewage are proposed 176-4-111 (3), MCA}. Construction of water or sewer extensions prior to approval is prohibited, and is subject to penalty as prescribed in Title 75, Chapter 6 and Title 76, Chapter 4. Sincerely, Janet Skaarland Compliance Technician Subdivision Section Water Protection Bureau (406) 444-1801 —email jskaarland@state.mt.us cc: City Engineer County Sanitarian file Centralized $ervlees D4cisioa Enforcemw[ Divfsioa Permitting & Complianee Di+sion Planning, Prcrention & 3ssis:anee Division Remediafinn Division 800 SOUTH MAIN KALISPELL, MT 59901 Phone: (406) 758-5790 Fax:(406) 758-5794 April 2, 2004 Ms. Erica Wirtala Sands Surveying 2 Village Loop Kalispell, MT 59901 RE: Sunnyside Phase 2 Subdivision Dear Erica: The Flathead County Road Department has approved the location of the approach that services Sunnyside Phase 2 Subdivision after reassurance from WMW Engineering that it meets all sight distance and county requirements. If you have any further questions, please feel free to call. Sincerely, i Char1esE. Johnson Superintendent CEJ; pdv APR-27-2004 13:30 ROAD & BRIDGE DEPT 406 758 5794 P.01 a le* of Apwllcuit or Jru mass: Owl Co r ion ----.....__. ktt�t'sa 270. ` 1 .; M1 t. iling Address: 5M Palmr C!iveil�ll, tincluds City, State acid Zip Cal 9 ?roperty Address of approach. Ashley Drive 3. Area 7onm; Regulations: Yes —X--, No __ : lY'Ya , A,tt4ctj 3e, otlt%'sii ara:i Qla di i.. cations. nm Represeatatdve Signattu-e and Datsnl 5. L&AL: _.. Sectiur, 19 Township ` 6. Fop how long a period is the POimit desired; Q,"t l?�...______._ __..__�_ _..._...._• Yermittee aw*y be required, as auti4ma in F'oliwy uoai a., t{, cutasr: b"IWeu:t i:; 00jl n:,mes; (Flathead County Road Damtm nt "or" applic;aeat) , ror aosw-arv«e of cca truction repairs, also to pay nsi.'ssr.sr'y recording 90M, if rGl;alred, . A,rplication Fee: _ $50.00 check No. IJ . _x kvr ei(x ub, ,_ aA4 Hum of Surety compglny: _ ., ..... _-`..»..._.-`_,._.. ...... ............,._ T`W of Surety: 9. �,ocatlor. must be flagged with address posted For prorconsrr'iAction iraalrwctjon. iW. Aewv&aL All rignt-af wuy disturbed by the tr»isss ai:yrcwch mw!.i't be reseeded according to the speadtdcatians of the PjAtismad Cc.t;tty hlsed Dept, CootAct Need Dewtment for area ihtormation and spvcifdcat.l.#4 11. AURQ= AEffaCH aNUTS,, Please gee the attacna4 r�4wits ;ot^ s°n+xui: t t 14. R(D"Q LL-rtirtment it, to bfl notified UPW. eonVletlot, GT 4xjL" k'or.Cy413114 Q;" 411-$i:K0uIrl. �Z��'J,�ls•`Y`lC�dS CJhj�.. 'h'Y �" ier�ii'8�:�..��i!'LL Ai>pilcmt will complew this fort and tramnit it t,a u* 1<';sttye«d.reru'sty '11115 atspldcatdon is fcir all amroactoea on or tJ1E'^u.,:'cai�ty ri �rr;-a:` way . . NwsGri applicant has signed both sides of applicatia'i zV4 A;ppltwzIt tiop is sat;ta;tc,vsci, a top,, will be made avuilab.w to applicar Isar ravdr:W sj,rbi . RW U-4-T u0. oil, Gfd1MIS;lUNkl S ,pl(cant r` alZeirVtiiPtitat.!'.7Fd ;Judi+.utk'. L"ara ApFiicantDa e TOTAL P.01 TRAFFIC IMPACT STUDY SUNNYSIDE SUBDIVISION February 6, 2003 MMI Project 03702.001-010-0214 Prepared for: OWL Corporation 500 Palmer Drive Kalispell, Montana 59901 Prepared by: Momson Maierle, Inc 2020 Grand Avenue Billings, :Montan, 59105 I.'VT'I20DUCTION Sunnyside Subdivision is a proposed 10-acre subdivision consisting of 24 single-family and 38 towtthouse lots. The project is located in southwest Kalispell, Montana in the vicinity of Sunnyside Drive and Denver Avenue. Figure 1 illustrates the proposed project location. As part of the review process, the Tri-City Planning Office has requested that a Traffic impact Study be completed in accordance with local requirements and nationally accepted standards. This Traffic Impact Study assesses anticipated traffic impacts associated with the proposed development and recommends appropriate mitigation measures for the adjacent transportation network - EXISTING CONIIITIONS Valley View and Sumyside Drives provide primary local road access to the subdivision via either Foys Lake Road or 5'h Avenue West. Sunnyside Drive is approximately 22 feet wide in the vicinity of the proposed subdivision. The posted speed limit in this area is 25 mph. Denver Avenue is located immediately east of the proposed development and serves an existing residential subdivision known as Lone Pine View Estates. The proposed development is currently undeveloped agricultural land and is zoned as R-4. Figure 2 depicts the local streets and site circulation. The City of Kalispell Public Works Department provided existing 24-hour tube counts. These counts were located and recorded as follows: Additional traffic counts were not recorded for purposes of this evaluation. The peak hour volumes noted in the above table were utilized to estimate rum movements at Sunnyside Drive and Denver Avenue. Ashley Drive, north of Sunnyside Drive exists as a loop and services few properties. Therefore, tra Ylc volumes are assumed to be negligible at this intersection Existing AM and PM peak hour traffic volumes are illustrated in Figure 3 Page t a£ 10 r. MA�'�I�'��"r •...ten. r� i�w� n ✓ —;''Brook or r Two M i --r ! t 9 r ` irk $� 9"1'�N''..- 7t�I'�'�Ss r.�l irk" Fr+'S i T �z r roc,• ..._ 4A�� ���^ I th diclh i 1�5Ashlay Dr r`lcaalcar�siiiTrl Sag kh .Way Viv aR y a t ii33—� .• qq WhiA"JI �1 02003 MapQuest.com, Inc; 02W3 GOT, Ino. i NNYSIDE BDIVISION 5 � I y i FIGURE 1 PROJECT LOCATION FIGURE 2 LOCAL STRE'_TS SUNNYSIDE SUBDIVISION KALISPELL, MONTANA E} GENQ xx xW) AM FIGURE 3 EXISTING PEAK HOUR TRAFFIC A review of existing traffic operations was conducted in accordance with current [ii-4way ('welly anual (HC1vf20001 Transportaucm P s rc�t Boardprocedures, Analysis was limited to the intersection of Sunnyside Drive and Denver Avcnue, which is stop -controlled at the northbound Denver Avenue approach. Level -of -service (LOS) at unsignalized intersections is quantified in terms of delay. Results range from LOS A to LOS F, where LOS A represents the least delay and most favorable conditions and LOS F represents significant delay and very poor conditions. Under most local conditions design should attempt to provide LOS C, or better. The existing condition analysis reveals that this intersection is operating under very favorable traffic conditions. The following table summarizes these results, while a full output report is provided in the .Appendix. Sunnyside Drive and DenverAvenue ��� a� �t�E.1 �t t ,: �! 1 43 ++ r J 1 aI.Ta`. PROPOSZ,D DEVELOPriLENT The proposed development will consist of 62-lot subdivision to include 24 single-family home lots and 38 townhouse lots. T'he single-family lots are approxinlateiy 0.14 acre each while the townhouse lots are approximately 0,085 to 0.095 acre each. The total subdivision encompasses 10.029 acres. Subdivision plans include extending Ashley Drive approximately 1200 feet south of Siumyside Drive to provide direct service to the subdivision lots. Additionally, street connections are proposed betvn`en Ashley Drive and Denver Avenue at Santa Fe and Bismaxk Streets within the subdivision. All proposed roads ate two lanes. A field review of intersection sight distance was performed at Sunnyside Drive and Ashley Drive, as this location will be the primary access point for the subdivision. In order for a vehicle to safely maneuver from a stopped position at this location adequate sight distance must be provided in both east and west directions along Surinyside Drive. Estimated sight distance along Sunnyside Drive, from the Ashley Drive approaches, is 525 to 540 feet to the west and 250 to 280 feet to the east. n Rolicy oACreometric Design of Highwats and Streets Lourth EdilLon, AASHTO. 2001 identifies sight distance parameters necessary for safe vehicle maneuvers. The controlling, or greatest, inw7section sight distance is for left turning vehicles. In this particular case, a Sight distance value of 275.6 feet is calculated for a 25 mph design speed. Right turn and cros>ing maneuvers require 240 feet of intersection sight distance at 25 mph. 'These calculations indicate that available sight distance is sufficient. rase 5 of 1 o A trip generation analysis was completed for the development for the AM peak hour, PM peak hour and average weekday condirions. Trip rates for Land. Use 210 -Single Family Detached Housing and Land Use 230 - kesidential Condominium/Townhouse, as published in Try Gene ai' n 6, t° Edition, ITE. 199 7 were utilized to compute anticipated trip generation volumes for the proposed subdivision. In accordance with these procedures, trip generation computations are presented in the following tables for AM peak hour, PM peak hour and daily conditions, respectively! Land Use 7% Use Site generated trips were distnbuted 65% to Ashley Drive and 35% to Denver Avenue. At Sunnyside Drivc, these trips were distributed 35% to the west and 65% to the east. Figure 4 depicts resultant site generated traffic volumes for the AM and PM peak hour conditions. Site enemied traffic volumes were combined with the existing traffic volumes to forecast total traffic conditions upon completion of the proposed subdivision. These volumes are indicated on Fume S- Daily traffic eomputations are provided in the following table; SunnysideDr ..,. 785 I 246 ( 1031 - 776 — 292 1068 Denver Ave T 1056 S58 1214 SUNNYSIDE SUBDIVISION KALISPELL, MONTANA Y w .0. (2D) LrGENE) xx �a> AM m FIGURE 4 PEAK HOUR SITE TRAFFIC SUNNYSIDE SUBDIVISION KALISPELL, MONTANA E� GEND zx (XX) ,w F% FIGURE 5 TOTAL PEAK HOUR TRAFFIC Similar to the existing condition evaluation, a two-way stop -controlled analysis was performed at the intersections of Sunnyside Drive and Denver Avenue, and the proposed intersection of Sua nyside Drive and Ashley Drive. The following table provide. a summary of this evaluation. Detailed Teports are provided in the Appendix. Avenue { WB Left/Thru I A I 7A A 74 NB [;ftfPitzht { A ! 9.2 A 9.3 { Sunnvside Drive and Ashlev Drive It is apparent by this evaluation that both intersections will operate at very favorable level -of - service conditions under the planned subdivision development. CONCG USIONS AND RECO IUM,ENDATIONS Based upon this evaluation, it is concluded that the proposed Sunny.5ide Subdivision will not adversely affect the adjacent street taetwork, or operation of adjacent intersections. As is evident by the capacity analysis, impacts at the intersection of Sunnyside Drive and Ashley Drive are negligible. Additionally, Sunnyside Drive should easily accommodate traffic volumes forecast for the development. The proposed intersection of Sunnyside Drive and Ashley Drive will meet sight distance requirements for a design speed of 25 mph. However, it is noted that sight distance to the east of this location just meets required conditions (field recorded 250 to 280 feet vs. calculated 275,E feet). To further improve safety it is suggested that an intersection waming sign (W2-1) be placed in the westbound direction on Sunnyside Drive approximately 300 feet in advance of Ashlev Drive. Further; within the sight triangle as noted by Figure 6, a clear view free of obstructions should be provided. This can be accomplished by limiting landscaping fences or structures within the intersection vicinity to a maximum height of 3 feet The Kalispell Area Transoo ration Plan 93 October 19discusses infrastructure improvements related to the proposed Kalispell Bypass. The southern section of the Bypass is planned along the railroad corridor from LT$ 93 to US 2. Within this section a signalized intersection is planned Nit- 9 of t 0 at Foys Take Road. Additionally, improvements to Sunnyside Drive from V alleys iew Drive to 5" Avenue West are programmed. This work would likely involve widening, intersection enhancements and improved roadway geometrics. These improvements are expected to improve traffic operations and increase travel demand in the immediate vicinity. a i87' I 290' _---.,----- ..---------------- Sunn jai rise - " - ----_ - - - - - - - - - - - - - - - - - - - - - - intersection Sight Triangle FIGURE 6 rage I of 10 PLAT ROOM FLATHEAD COUNTY, MONTANA 800 SOUTH MAIN KALISPELL, MT 59901 (406) 758-5510 0'� THIS FORM IS FOR SUBDIVISIONS AND CONDOMINIUMS ONLY 1� BY: �rd5 FOR: C)L3L DATE:j-ZLo C� DESCP: �� �yar ac� ' ie_ (1-iz 5 •, K, 19 -28- Z" YEARS 1993 THRU 200 Z at'Cz3 AND TO DATE t Ef2 011 ASSESSOR # C4 `1 ( i o 67 PURPOSE: 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. 200 D POTY TREASURER SXAL a �. z PRELIMINARY SUBDIVISION CERTIFICATE OF TITLE Policy No. 7208926- REPLACES 7208926-1158 REPLACES 7208926-1172 CHICAGO TITLE INSURANCE COMPANY To the County of Flathead and the City of Kalispell in Montana CHICAGO TITLE INSURANCE COMPANY, a corporation organized and existing under the laws of the State of Missouri, with its principal office in the City of Chicago, Illinois, and duly authorized to insure titles in Montana hereby certifies that from its examination of these public records which impart constructive notice of matters affecting the title to the real estate described in Schedule A hereof, as of the 26th day of March , 2004 , at 5 o'clock P.M., the title to the described real estate was indefeasibly vested in fee simple of record in: Owl Corporation, A Montana Corporation subject only to the objections, liens charges, encumbrances and other matters shown under Schedule B hereof. The maximum liability of the undersigned under this certificate is limited to the sum of $ 10,000.00 This certificate of title is made in consideration of the payment of the premium by the subdivider of the land and for the use of the County and City above named. Issued by: STERUNG TIMLE� SERVICES 211 South �1ain Street, RO. Box 73 Kalispell, h1T 59903 Phone. (406) 75 _000 Fax. t4Ce,1 E2 7207 (Title) Fax. lEscrow) E-mail: CHICAGO TfrLE INSURANCE COMPANY -T BY., �alg v Pr SWWA ATTEST Aut rized signatory se"" Reorder Form No. 9113 (Reprinted 12/00) Preliminary Subdivision Certificate of Title For Use In Montana Page 2 Certificate No Replaces: Replaces: Our File No.: SCHEDULE A 7208926-1199 7208926-1172 7208926-1158 CG-36161 Being the legal description of the real estate covered by this certificate. The following -described parcels of real estate: A tract of land, situated, lying, and being in the Northeast Quarter of the Northwest Quarter (NE'/4NWY4) of Section 19, Township 28 North, Range 21 West, P.M.,M., Flathead County, Montana, and more particularly described as follows: Beginning at the Northwest corner of the Northeast Quarter of the Northwest Quarter of Section 19, Township 28 North, Range 21 West, P.M.,M., Flathead County, Montana, which is a point on the Southerly R/W of a 60 foot road known as Sunnyside Drive; thence along said R/W and along the North boundary of said NE'/4NW'/4 North 88'11' 18" East a distance of 33914 feet to a point; thence leaving said R/W South 00'09'20" East a distance of 317.13 feet to a point; thence South 77'44'26" West a distance of4.09 feet to a point; thence South 00'09'20" East a distance of 362.98 feet to a point on the Southerly R/W of a 60 foot road known as Santa Fe Street, thence along said R/W South 88'25'03" West a distance of 91.52 feet to a point; thence leaving said R/W South 00'09'20" East a distance of 460.13 feet to a point on the Northerly R/W of a 60 foot road known as Bismark Street; thence along said R/W North 88'25'05" East a distance of 91.52 feet to a point; thence leaving said R/W South 00'09'20" East a distance of 160.05 feet to a point on the South boundary of said NEz/4NW%4; thence along said South boundary South 88'25'20" West a distance of 335.10 feet to a point and the Southwest corner thereof, thence along the west boundary of said NE'/4NW'/4 North 00'09'20" West a distance of 1299.66 feet to the point of beginning. To Be Known As: SUNNYSIDE SUBDIVISION. PHASE 2 Page 3 Certificate No.: 7208926-1199 Replaces: 7208926-1172 Replaces: 7208926-1158 Our File No.: CG-36161 Being all of the estates, interests, equities, lawful claims, or demands, defects, or objections whatsoever to title; and all easements, restrictions, liens, charges, taxes (general, special, or inheritance, or assessments of whatever nature), or encumbrances; and all other matters whatsoever affecting said premises, or the estate, right, title, or interest of the record owners, which now do exist of record. 1. Property taxes, including any assessments collected with the taxes, for the year 2004. 2. Reservations in Patents or the acts authorizing the issuance thereof. 3. Mineral rights, claims or title to minerals in or under said land, including but not limited to metals, oil, gas, coal, or other hydrocarbons, sand, gravel or stone, and easement or other rights relating thereto, whether express or implied, recorded or unrecorded. 4. Delinquent water and sewer charges of the City of Kalispell, if any. 5. Notice of Water Right, recorded August 20, 1896 in Book 16, page 292, and conveyance of said water right, recorded December 6, 1913 under Recorder's Fee #4215, in Book 108, page 407, records of Flathead County, Montana. 6. Notice of Appropriation of Water Right, recorded June 25, 1919 under Recorder's Fee #2368, in Book 129, page 137, records of Flathead County, Montana. 7. Easement for pipe and pipe lines and pumping system, notice given in instrument recorded June 6, 1944 under Recorder's Fee #2210, in Book 242, page 234, records of Flathead County, Montana. 8. Easement for gas pipe line and related purposes granted Montana Power Company, recorded February 2, 1966, under Recorder's Fee 9813, in Book 477, page 455, records of Flathead County, Montana. Easement for transmission line and related purposes granted Pacific Power & Light Company, a corporation, recorded June 19, 1970 under Recorder's Fee #4326, in Book 516, page 304, records of Flathead County, Montana. 10. Easement for transmission line and related purposes granted Pacific Power & Light Company, a corporation, recorded November 18, 1970 under Recorder's Fee #8426, in Book 519, page 509, records of Flathead County, Montana. 11. Terms and provisions contained in Developer Extension Agreement, recorded June 5, 1996 as Document #9615711320, records of Flathead County, Montana. 12. Barn encroachment and fence as shown on Certificate of Survey #12924. 13. Terms and provisions contained in Resolution, regarding the designation of a limited access highway, recorded November 14, 1997 as Document #199731810050, records of Flathead County, Montana. 14. Terms and provisions contained in Resolution No. 4679, regarding annexation, recorded February 12, 2002 as Document 4200204316400, records of Flathead County, Montana. 15. Utility easement certificate as shown on the unrecorded plat of Sunnyside Subdivision, Phase 2. 16. Note regarding 60 foot roadways to be dedicated to the City of Kalispell, as shown on the unrecorded plat of Sunnyside Subdivision, Phase 2. 17. Ten foot and twenty foot utility easements as shown on the unrecorded plat of Sunnyside Subdivision, Phase 2. 18. No search has been made for water rights and unpatented mining claims, and liability thereon is excluded from coverage of this Certificate. �l / SUBO 1 1 f 1 LOT 1 10C 1 OD r t 2 �y ACC 10 $ apY of 7AS 1oA Mi OR SUB 9 ass 10E 117 \ rn 2 29 30 3? 2 33 LONE i l A '� SANTE FE ST 7AAM ' 7 2 2 2423 ES' 1 a 5 4 3 2 1 a 68 '� 1 L PHOENIX ST aq m i819202i22> 6CA \` 1L N 7ABA \� T '$ISiAARK ST 6C 7 8 9 1 11 12 � n LOT 2 6L+ t 23 4 g T 6 7891 1L11 �` i A F R Vi t! \ .. ;BLUESTONE \\ I a o: 6 �G�y r7 30 29 2 28 25 24 23 22 p I �G/ I �� nusrlN ST �6' I 3a 6D 6H� 31 32 33 35 36 37 38ro 6`• 6+ j � oP 7f I \ !� 6L+ 6E 61 6LA 6F 6K 6+ boy 6G 6M ------------ 12BA LOT 3 6+ \` i \\x I 1266 THIS SKETCH IS FURNISHED FOR INFORMATION PURPOSES ONLY TO ASS PROPERTY LOCATION WITH REFERENCE 12A STREETS AND OTHER PARCELS, NO REPRESENTATION IS MADE AS TO ACCU AND STERLING TITLE SERVICES ASSUM NO LIABILITY FOR ANY LOSS OCCURRIN REASON OF RELIANCE THEREON. 41 LIL 14F v BYaBB 4 uounty - 1_i t $iFN i �8HB E t ` 10 17 12 13 ,Y , I �I 14 —_ [8i2G Sit ✓ ��NZ +y�. �',, , 6 srB 9 _ De �F' 7 j g 11 10 'u B134 3DA \ I ' w, 7A 7 BT9 ` e N — I 'V bject Pr 78 i v cop rt� ■■ CA 7AB Iy 1 �! 11A kQ \ _ FE 7T 7AAAJt ??> \ _ 27'26i25124123mi 16 ■ o i lA J > A 18119i20121i22 a 6CA = r 7ABA � �� _ 17(16715114113 i s 6C = 3-71SMARK I I G--�, 7 8i9i10li1i 12 ! , �4c of 5 41 6A 40 aLU ,ri 3s \ ,18�► 16;17 i19(2 \\' 6L 6736 i 6D 6H \ ��i 35 n R6�1 ,� R-4 � ty \ Y 32 > 6E 61 in 31 .- 197�zoi R 3 2p2• 30 VICINITY MAP OWL CORPORATION PRELIMINARY PLAT (SUNNYSIDE SUBDIVISION) A RESIDENTIAL SUBDIVISION ON APPROX. 10 ACRES 38 TOWNHOUSE & 24 SINGLE FAMILY RESIDENTIAL LOTS R-4, TWO FAMILY RESIDENTIAL CITY OF KALISPELL ZONIGN JURISDICTION PLAT DATE: 8/11/02 FILE# KPP-02-6 SCALE 1" = 400' a:\gm\si,:e\xppO2_3_dwg a Yo SANDS SURV}.. JG INC, PR6LIDQID YPLATOF SUNNYSIDE SUBDIVISION w,rm..m WZIEN2V4W]/4 OF SECTION 19, T.Z&N, R21W PM,M. was w.covo..mn FLATHEAD COUNTY, MONTANA cRermc scus 4 TOTAL AREA 1029AC. r SMGIE fA1NlY1Di5 f241 3.]4G.745 OG. TOWNtlg42 LOTS f301 9 ZO'I PG i 4JPO 2.5P PG p� SUJoiveipuuapr5l 1 ®�' ��° ' v"2nww Q•� .✓ " 8 L � �amem.uw•wrrr enr a� g �I$%ggsl �`� � f�pl zr g$kLkg.. Rrg-sl Ah&� a b arm xxa:np a�^.�IX �dKx `wIX onws �a e,r s a§t 4 S Y Y� h �{F� g {W�•.r�%�R@"- 2 wrurvrow ico aan� I xpvcstbw iawsu rm ueul