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5. Final Plat - Sunnyside Subdivision Phase 1• • SUBJECT J) � firi-City Planning Office 17 Second Street East - Suite 211 Kalispell, Montana 59901 Phone: (406) 751-1850 Fax: (406) 751-1858 tricityAce nturytel. net www.tricityplanning-mt.com Kalispell Mayor and City Council Tom Jentz, Director Chris A. Kukulski, City Manager Final Plat for Sunnyside Subdivision Phase 1 August 18, 2003 BACKGROUND: This is a request for final plat approval of Sunnyside Subdivision Phase 1, a 7 lot residential subdivision on approximately .966 acres located on the west side of Boise Avenue south of Sunnyside Drive. The property is zoned R-4 a two family residential zone. Preliminary plat approval for this subdivision was granted by the City Council on October 7, 2002. This phase is the first phase of a three-phase project containing a total of 61-lots on 10 acres. Annexation and R-4 zoning were addressed at the time of preliminary plat. All improvements are installed and in place except for street tree planting in the boulevard along Boise Avenue. The applicants have submitted a bond and financial security in the amount of $2,406.00 to address 125% of the cost of the street trees. In addition, a check in the amount of $1,062.62 is attached to address the cash -in -lieu of parklands payment on this phase of the project. RECOMMENDATION: A motion to accept the subdivision improvements agreement and approve the final plat for Sunnyside Subdivision Phase 1 would be in order. FISCAL EFFECTS: ALTERNATIVES: Respectfully submitted, Tom Jentz Director Potential minor positive impacts once developed. As suggested by the City Council. Report compiled: August 6, 2003 Attachments: Letter of transmittal Chris A. Kukulski City Manager Final plat application and supporting documents Providing Community Planning Assistance To: • City of Columbia Falls • City of Kalispell • City of Whitefish • Tri-City Planning Office 17 Second Street East - Suite 211 Kalispell, Montana 59901 Phone: (406) 751-1850 Fax: (406) 751-1858 tricity(&,centurytel. net wwwAricityplanning-int. August 11, 2003 Chris Kukulski, City Manager City of Kalispell P.O. Drawer 1997 Kalispell, MT 59901 Re: Final Plat for Surmyside Subdivision Phase 1 Dear Chris: This is a request for final plat approval of Sunnyside Subdivision Phase 1, a 7-lot residential subdivision on approximately .966 acres located on Boise Avenue immediately south of Surmyside Drive. The property is zoned R-4, Two -Family Residential. Preliminary plat approval for this subdivision was granted by the City Council on October 7, 2002 as a three-phase development which contains a total of 62 residential lots on 10 acres. The total development anticipates 24 single-family lots and 38 duplex townhouse lots. This 7-lot submittal is the first phase proposed for final platting. An automatic two-year extension of the preliminary plat approval is granted for each successive phase of original preliminary plat. All improvements are installed and in place except for boulevard street trees along Boise Avenue. A subdivision improvements agreement and a financial security in the amount of $2,406.00 is attached. This sum addresses 125% of the estimated cost of street trees installed. Additionally, a check for $1062.62 is attached to address the cash -in -lieu of parklands for phase one. The preliminary plat was approved with 15 conditions attached. Following is a discussion of compliance with each of these conditions as well as findings of compliance with the city subdivision regulations and compliance with zoning. 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. 0 This condition has been met per review of the face of the final plat. Providing Community Planning Assistance To: • City of Columbia Fallso City of Kalispell 9 City of Whitefish • Final Plat for Sunnyside Subdivision Phase 1 August 11, 2003 Page 2 of 5 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 adequately addressed. See the letters of approval from the Kalispell Public Works Department dated July 15, 2003 and from Paul Wells, WMW Engineering dated August 4, 2003. Note that street trees have not been installed and are part of a subdivision improvements agreement along with a check for $2,406.00 to address 125% of the cost of the improvements. 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 adequately addressed. See the two letters of approval from the Kalispell Public Works Department dated March 7, 2003 to WMW Engineering and to the Flathead City -County Health Department, Environmental Health Services Division. 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 adequately addressed. See the letter of approval from the Kalispell Public Works Department dated July 15, 2003. Condition No. 5 That the developer obtain a letter from the Flathead County Road Department approving the intersection of the internal subdivision Road and Sunnyview Drive certifying that any necessary improvements have been completed. • This condition does not apply to this phase of Sunnyside Subdivision. It will be addressed in phase II. Condition No. 6 The road within the subdivision shall be named and signed in accordance with the policies of the Kalispell Public Works Department and the Uniform Traffic Control Devices Manual and be subject to review and approval of the Kalispell Fire Department. • This condition does not apply to this phase. Boise Ave. is already developed and signed. Final Plat for Sunnyside Subdivision Phase 1 August 11, 2003 Page 3 of 5 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 addressed per the attached letter dated July 23, 2003 from Barbara D. Wuertz Acting Station Manager, US Postal Service. 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 does not apply to this phase, Boise Avenue was fully developed under a previous subdivision. 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. Phase one is required to pay $1062.60. This is based on $10,000 per acre attributed to 1/ 9 of the land in lots for phase one. Condition No. 10 All utilities shall be installed underground. • This condition has been met per site inspection and per certification by Paul Wells, WMW Engineering in a letter dated August 4, 2003. 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. • This condition has been met per site inspection and per letter from Jim Stewart, Fire Marshall, City of Kalispell dated August 5, 2003. 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 has been addressed. All improvements have been installed except for street trees. A subdivision improvements agreement in the amount of $2,406.00 is attached to address 125% of the cost of trees. Final Plat for Sunnyside Subdivision Phase 1 August 11, 2003 Page 4 of 5 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 per site inspection of the property on August 6, 2003. Condition No. 14 A traffic study shall 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 addressed. The developer contracted with Morrison and Maierle, Inc to conduct a traffic study (attached). The study indicated that there would be no impacts at this time due to phase one activity on Sunnyside. It offered only minor signage improvements on Sunnyside for future phases stating that current and proposed traffic volumes generated by this subdivision will not impact Sunnyside in its present design. 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. The preliminary plat was approved on October 7, 2002. COMPLIANCE WITH APPROVED PRELIMINARY PLAT The final plat is in substantial compliance with the preliminary plat which was submitted and approved. COMPLIANCE WITH THE SUBDIVISION REGULATIONS: This subdivision plat has been found to be in substantial compliance with the State and City Subdivision Regulations. COMPLIANCE WITH THE ZONING REGULATIONS This subdivision complies with the Kalispell Zoning Ordinance and the R-4 zoning. RECOMMENDATION: All of the conditions of preliminary plat approval have been adequately addressed. The staff recommends that the Kalispell City Council approve the final plat for this subdivision. Please note that the subdivision improvements agreement should be accepted along with the final plat approval. Please schedule this matter for the Final Plat for Sunnyside Subdivision Phase 1 August 11, 2003 Page 5 of 5 August 18th Council agenda if possible. You may call me at 751-1851 if I can be of assistance to you regarding this matter. Sincerely, Thomas R. Jentz, AICP Director TJ/sm Attachments: 1 opaque mylar of final plat 1 reproducible mylar of final plat 1 blueline of final plat Letter from Sand Surveying dated 7/25/03 Final plat application dated 7/25/03 Letter from MDEQ dated 33/13/03 (EQ#03-2245) Letters (2) from Kalispell Public Works dated 3/7/03 Letter from Kalispell Public Works dated 7/15/03 Letter from Dick Montgomery, Environmental Health dated 4/3/03 Letter from WMW Engineering dated 8/4/03 Letter from Fire Marshal 8/5/03 Title report - Chicago Title Insurance Co. # 7208926-1159 dated 5/29/03 Subdivision Improvements Agreement dated 7/31/03 Subdivision Improvements Agreement check - $2,406 Check for cash in lieu of parkland $1,062.60 Treasurer's certification dated 6 / 12 / 03 Letter from Barbara D Wuertz, US Postal Service dated 7/23/03 Traffic Impact Study, Sunnyside Subdivision, 2/6/03 c: Sands Surveying, 2 Village Loop, Kalispell, MT 59901 Owl Corporation, 500 Palmer Kalispell MT 59901 SANDS SURVEYING, INC. 2 Village Loop Kalispell, MT 59901 406-755-6481 I Tri-City Planning Office Attention: Narda Wilson, Senior Planner 17 Second Street East Suite 211 Kalispell, MT 59901 Attached please find the materials necessary to file the final plat of Sunnyside Subdivision. I have listed the Conditions of Approval, and then subsequently addressed how each Condition \iias met. 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. mmagn-T-Tv M-EzMCM0=- 11 ii 11 W # . Z 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. F-Re-asereter to tne a Kalispell. 3. That a letter be obtained from the Kalispell Public Works Department approving the water, sewer and drainage facilities for the subdivision. RR jease e 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. 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. This condition does not apply to this phase of Sunnyside. This will be addresseff at Phase 11. This condition does not apply to this phase of Sunnyside. This will be addressed at pv-&3e H. 7. The developer shall provide a letter from the U.S. Postal Service approving the plan for mail service. 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 does not apply to this phase of Sunnyside. This will be addressed at Phase 11. 9. That the parkland dedication requirements shall be met by paying cash -in -lieu of parkinad 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. 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. There were no hydrants installed for this phase of the subdivision. This condition will apply to Phase li. 17. 1 n at a M i n i IM u rn 77777MMM 71•fe e cftYTITRW�Tt U completed prior to final plat submittal. All of the improvements have been completed for this phase of the subdivision. 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 developers 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 bome by the developer. 15. That preliminary approval shall be valid for a period of three years from the date of approval. g����I�i 111 :1111:11111111111111 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, Y 11 A et Erica Wirtala Tri-City Planning Office 17 Second St East, Suite 211 Kalispell, MT 59901 Phone: (406) 751-1850 Fax: (406) 751-1858 Project Name:— SUNNYSIDE SUBDMSION &be / 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 No. of Lots Proposed 7 Parkland (acres) Land in Project (ac.) 0.966 - Cash -in -Lieu OVIL CORPORATION SW PALMER KALISPELL, MT 59901 ATTENTION: MARK OWENS $1062.60 1 11 f! �- " I ri GO 3 lik,"L- �11 LU pt orrir-- Minor Subdivision with approved preliminary plat $300 + $30/lot Major Subdivision with approved preliminary plat $500 + $30/lot Subdivisions with Waiver of Preliminary Plat $500 + $30/lot Subdivision Improvements Agreement $ 50 Not Attached Applicable (MUST CHECK ONE) -ME— — Health Department Certification (Original) -7m— Title Report (Original, not more than 90 days old) -XX— Tax Certification (Property taxes must be paid)l) —2m— Consent(s) to Plat (Originals and notarized) Subdivision Improvements Agreement (Attach collateral) Parkland Cash -in -Lieu (Check attached) Maintenance Agreement Plaft: lopaque OR 2 Mylars 1 Mylar copy 1 signed blue line 4 blue es 4 blue hnes, unsigned The plat must be signed by all owners of record, the surveyor and the examining 1and surveyor. Attach a letter, -which lists each condition of preliminary plat approval, and individually state how eA ch condition has specitically been met. in cases where documentation is required, such as an engineer's certification, State Department of Health Certification, etc.,. original letters shall be submitted. Blanket statements stating, for example, "all improvements are in place" are not acceptable. A complete final plat application must be submitted no less than 60 days prior to expiration of date of the preliminary plat. When all application materials are submitted to the Tri-City Planning Office, and the staff finds the application is complete, the staff will submit a report to the governing body. The governing body must act within 30 days of receipt of the revised preliminary plat application and staff report. Incomplete submittals will not be accepted and will not be forwarded to the governing body for approval. Changes to the approved preliminary plat may necessitate reconsideration by the Planning Board. I certif�, that all information is true, accurate and complete. I understand that incomplete information will not be accepted and that false information -A411 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 he accompanied with a digital copy. f a — lb64-IVAI�Ja4 CKI�(S) Signature" %1— **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 tic to either an existing subdivision comer or a comer of the public land survey sytem As approved by the TCPB on 12/19/01 Effective I/l/02 Montana Department of JUNVMONMENTAL QUAIJTY Judy Martz, Governor P.O. Box 200901 Helena, NIT 59620-kit; - (406) 444-2544 www.deq.state.mt.us March 13, 2003 WMW Engineering PC Lee Griswold 50 West Second St Whitefish NIT 59937 Dear Mr Griswold: RE: Sunnyside Subdivision Phase I Municipal Facilities Exclusion EQ#03-2245 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 f 76-4-111 (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. This file has been mailed to the Water Protection Bureau, Kalispell Office for their review. Sincerely, Janet Skaarland Compliance Technician Subdivision Section Water Protection Bureau (406) 444-1801 — email jskaarland@state.mt.us cc: City Engineer, City of Kalsipell County Sanitarian file Centralized Services Division - Enforcement Division - Permitting & Compliance Division - Planning, Prevention & Assistance Division ® Remediation Division City of Kalispell Public Works Department Post Office Box 1997, Kalispell, Montana 59903-1997 - Telephone (406)758-7720, Fax (406)758-7831 March 7, 2003 Environmental Health Services Flathead City -County Health Department 1035 First Avenue West Kalispell, Montana 59901 Attention: Dick Montgomery, P.E. RE: Sunnyside Subdivision, Phase I Kalispell, Montana Dear Dick, This letter is to confirm that the City of Kalispell has reviewed and approved the plans and specifications prepared by WMW Engineering, PC, for the referenced project. The Kalispell water and sanitary sewer systems have adequate capacity to serve the project. Please feel free to call if you have any questions. Respectfully, Frank Castles Civil Engineer cc: Lee Griswold WMW Engineering, PC City of Kalispell Public Works Department Post Office Box 1997, Kalispell, Montana 59903-1997 - Telephone (406)758-7720, Fax (406)758-7831 March 7, 2003 WMW Engineering, PC Consulting Engineers 50 West Second Street Whitefish, Montana 59937 Attention: Lee Griswold RE: Sunnyside Subdivision, Phase I 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. Res Ilyl Frank Castles Civil Engineer Attachment: As Stated City of Kalispell Public Works Department Post Office Box 1997, Kalispell, Montana 59903-1997 - Telephone (406)758-7720, Fax (406)758-78' 3 1 MEMO WMW Engineering, PC 50 West Second Street Whitefish, Montana 59937 RE: Sunnyside S/D, Phase —I Kalispell, Montana L-07 .7 a M # W W 1. One set of record drawings. 2. Certification that the referenced project has been constructed in accordance witt. the approved construction documents. Respectfully, & L+ Frank Castles, P.E. ae-9A6!- ff A16hIkkordam Environmental Health Services 1035 First Avenue West Kalispell, MT 59901 (406) 751-8130 Fax: 751-8131 Thixrsday, April 03, 2003 Lee J. Griswold ,YMW Engineering 50 W. 2 rid. St. Whitefish, MT. 59937 Administration 751-8101 FAX 751-8102 Community Health Services 751-8110 FAX 751-8111 Reproductive Health Services 751-8150 FAX 751-8151 WIC Services 751-8170 FAX 751-8171 Re: Sunnyside Subdivision, Phase 1, Sewer Main Ext., Kalispell, Proj. # FH-03-02 Dear Lee, The plans with specification notes, certified checklist 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 a sewer main extension as shown on plans prepared by WNI W Engineering and received by this office on 3/16/03. The plans were submitted under the seat and stamp of Paul Wells, # 7378 E. Approval is given with the understanding that any deviation from the approved plans and specifications will be submitted 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 use was built in accordance with approved plans and specifications. As -built drawings for the portion of the system put into use must be provided to the Department within 90 days after the date of initial use. Within 90 days after the entire project has been completed, the project engineer shall certify to the Department that the project was inspected and found to be installed in accordance with the plans and specifications approved by the Department. This certification shall be accompanied by a set of record as built drawings of the entire project, signed by the project 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 thr;,e year expiration period does not extend any compliance schedule requirements associated with a Department enforcement action against a public water or sewage system. 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. Please contact this office if you have any questions. copies to; Water Quality Division- Helena & Kalispell City of Kalispell, Dept. of Public Works August 4, 2003 Mr. Tom Jentz, Director Tri-City Planning Office 17 Second Street East, Suite 211 Kalispell, Montana 59901 Re: Sunnyside Subdivision, Phase I Dear Tom, Consulting Engineers 50 West Second Street Whitefish, Montana 59937 Phone (406) 862-7826 Fax (406) 862-7827 Be advised that the improvements required for construction for Sunnyside Subdivision, Phase 1, with the exception of trees and landscaping, have been installed in substantial compliance with the approved plans. Randy Brodehl - Fire Chief Jim Stewart - Assistant Chief/Fire Marshal TO: TOM JENTZ, DIRECTOR FROM: JIM STEWART, FIRE MARSHAL DATE: AUGUST 5, 2003 312 First Avenue East Kalispell, Montana 59901 (406) 758-7760 FAX: (406) 758-7952 SUBJECT: HYDRANT APPROVAL — SUNNYSIDE SUBDIVISION Our department was recently contacted by the developer of the above -referenced project regarding fire hydrant approval. The 7-lot Sunnyside subdivision is adjacent to existing street access and fire hydrants on Boise Avenue. Our department approves the subdivision (dated January 20, 2003) as submitted. Please contact me if you have any questions. I can be reached at 758-7763. "Assisting our community in reducing, preventing, and mitigating emergencies. " PRELIMINARY SUBDIVISION CERTIFICATE OF TITLE Policy• (:' • CHICAGO TITLE INSURANCE COMPANY To the County of Flathead and the City of Kal i spel 1 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 29th day of May , 2003 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. Authorized t g story CHICAGO TITLE INSURANCE COMPANY Preskiwit ATTEST 1;�� A secretary Reorder Form No. 9113 (Reprinted 12/00) Preliminary Subdivision Certificate of Title For Use In Montana SCHEDULE A Page 2 Certificate No.: 7208926-1159 Our File No.: CG-36252 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 (NEI/4NWI/4) of Section 19, Township 28 North, Range 21 West, P.M.,M., Flathead County, Montana, and more particularly described as follows: Commencing at the Southwest comer of the Northeast Quarter of the Northwest Quarter of Section 19, Township 28 North, Range 21 West, P.M.,M., Flathead County, Montana; thence along the South boundary of said NEI/4NW/4 North 88'25'20" East a distance of 335.10 feet to a point; thence North 00'09'20" West a distance of 160.05 feet to a point and THE TRUE POINT OF BEGINNING OF THE TRACT OF LAND HEREIN DESCRIBED; thence South 88'25'05" West a distance of 91.52 feet to a point; thence North 00'09'20" West a distance of 460.13 feet to a point; thence North 881125'03" East a distance of 91.52 feet to a point on the Westerly R/W of a 60 foot city road known as Boise Avenue; thence along said R/W South 00'09'20" East a distance of 460.13 feet to the point of beginning. To Be Known As: SUNNYSIDE SUBDIVISION Page 3 Certificate No.: 7208926-1159 Our File No.: CG-36252 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 2003. 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 #813, in Book 477, page 455, records of Flathead County, Montana. 9. 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. 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. 13. Terms and provisions contained in Resolution No. 4679, regarding annexation, recorded February 12, 2002 as Document #200204316400, records of Flathead County, Montana. 14. Utility easement certificate as shown on the unrecorded plat of Sunnyside Subdivision. 15. No search has been made for water rights and unpatented mining claims, and liability thereon is excluded from coverage of this Certificate. X LU+,Ylj1;JA UK OF TFA(- 1T , I SUED 15( t-07 2 \`s 10 8 vD� Ml OR SUB !l 7 2 LONE-- �, S L 66 LOT 2 6L+ 6A 6D 6H 6+s 6E 6J 6F 6G 6M LOT 3 V\ 6+ FE ST 1271', L2i , ,4X : ST lal2 'K ST 6L+ 3+ < < 7AB 0 11F , 1 1 lZI, R 421 43* 4t I 72 2. 144 143 T4 I A 2­ 24 23 22 WSTIN.:ST, 7g8 35 54 35 tbi 3-1 34, �l 105� 6LA 206 '-2,,, 'ALE ccW10 GREATVID 23A 24 12BA 1268 THIS SKETCH IS FURNISHED FOR INFORMATION PURPOSES ONLY TO ASSI PROPERTY LOCATION WITH REFERENCE 0 STREETS AND OTHER PARCELS. NO REPRESENTATION IS MADE AS TO ACCUR CY AND STERLING TITLE SERVICES ASSUME NO LIABILITY FOR ANY DOSS OCCURRIN6 BY4B3 RE- A S 0 N OF RELIANCE T H', E 0 N. Appendix - Page A-23 SUBDMSION MROVEMENT AGREEMENT TIUS AGRIM , NT made and emered into this 3L____^ day of �v by and between tlu: CITY COUNCIL, CITE' OF KALISPELL, MQNTANA.,-1'arty ofthe First Part and hereinafter refetted to as the CITY, and y (Na=' of Developer) a n t'V I G-o4, (Wividarl, Company or Co, on) ,/ / - / ry located at _ <e7o p s 1/l� r.o �D kl ✓/ Ar w s % I✓I L T �/fI 7 (Streit Addre-s-,lP O. Box) (City. Coc�uy, Scare, Zip) Party of the Second Part and hereinafter referred to as DEVELOPER MUNESSETH: MA`[ 'VkTiEREAS, the Developer is the owner and developer df as new subdivision known (Name of SubdiYzi4a) _ located at t (Lo=ion and, w-iEREAS, the City has conditioned it's approval of the final llai of _ Nts Sl y' ✓� u i_ L1 f `s/z:l A . upon the conditions as set forth i-G of Subdivision) i.n the Preiimh ry Plat of tilt Subdivision being completed Fwd all improvements, as cited iA "Exhibit A" have not been completcd at thi ; time, and the Developer wishes to bond for the completion of those irotproverwnt5 set forth in "Exhibit A"; and WHEREAS, the City's Subdivision Regulations reglLure that a subdivider shall provide a financial scrurity of 125% of the estimated total cost of construction of said imprcvemehts as evidenced by an esiiraaw prepared by a licensed public engineer included herewYtb. as "Exhibit 13", and y REAS, tl & Stimalcd total cost of cowtruetion, of scud irnprovwueats is the ;um of ��`�� '�..�PG NOW THEREFORE, in consideration of the approval of the finial 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 dev=Mined by the City Council, in the amount of --�.,aeDG .._ Said Letter of Credit or other collateral shall have an expiration date of at legit limy (60) days following the date set for completion of The izoprovernents, certifyal The following: Page A-24 - Appendix a_ That the creditor ZWant=S funds in the sum of S the estimated cost of completing the required improvements in S01MA,,feWe_ 1.44ro-e _,57 (Nmae of Sub&Msioa) b. Tlia- if The Developer fails to complete the specified improv==Ls within the required period, the creditor "rill pay to the City immediately, and without further acl�icn, such funds as are r=, ssary to 5n,-mce the completion of those improvements up to dic limitcd of credit stated in the letter, 2. TLat said required improvenuenT.,., shall be fully completed by _+1,011200+1 I 'flat upuri completion of thr, required improven=ts, the Developer shall cauzc to be filed with the City a statement certifying that: a. All required iraprovernentsaze complete, b. That the improvements arc in. campliance with the minimum standards specified by the City for their construction and that the Developer %=ants said impro-cements 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 Ci-.Y; C. That The Developer knows of no defects in those improvements; d. That these improverrients are free and clear of any enc=brances or liens; el That a schedule of actual construction costs has been filed with die City-, and, f. All applicable fees and surcbarges, have been paid. 4. The Developer shall cause to be filed �ith the City copies of final plan, profiles, grd&-,s and specifications of said irnprovcxnents, witi-i the certification of the registered professional engineer responsible for their preparation that all required irnprovem=as have been ixistalled In conformance with said specifications. Appe-adix - Page A-25 IT IS ALSO AGREED -BY AND BETWEEN THE PARTES HERETO AS FOLLOWS, TO-W-IT; Tint The Dcveloper shall provide for inspection of all mquired improvements by a registercd professional engincer bei".orc the Developer shall be reicased :6�om the Subdivision luyrovernent Agre&=nt. That if the City deternzines that any improvernentg are not constructed in compliance with the sacci&afions, I it shall fi=16--h lbo Developer with a list of specific deficiencies and may withhold collateial sia-cient to insure such compliance. If 4he City de1='1=' esdia.,thcEk_-vejoper will not Construct any or all of the irrlpzovc ruGnts in accordance with the specificadons, or within the required time limit-,, it tjAjy withdraw the collateral and employ such funds as may bt: ncces,-ary to construct the improvement or improvements in accordance with the speciflcadow- The unused portons, of the collateral shall be returned to the Developer or the crediting institution, as is appropriate. IN WITNESS WHEREOF, the Parties have bereLtato bet their hands and seams the day and ycar hcrem' before vnitten. Sp,40 eq {Name o ubdivision/Nveloper/Fim)' (ride) STATE OF Mn. COUNTY OF On this day of me, a Notary,Pubhc for the State of Montana, nersonally ap red me to be the I 'r - lmQwm 10 "�f of �� Lfo?e_'�2 name is subscribed to foregoing autrument and acknowledged to me that he/she execuied the same. 1N WYINESS WMREOF, I have here-mto set my hand and �ds dry Seal d car fast above tten 4, >'V No b*c r SICAL Resl at My Commissio Expires M-AYOP,, CITY OF KALISPELL ATTEST: MAYOR FZ41ANCE DMECTOR Page A-26 - Appendix EXHLB IT A Conditions of approvat as fixed to the preliminary plat by the City Council., Kalispell, Monuma. Ti-is agreement specifically includes the following improvtment5, their projected construction completion date and estimated consructinn costs, CRECK CONSTRUCTION ESTIMATED APPROPRIATE COMPLETION CONSTRUCTION IMPROVEMENTS Struct 'GraAinglPaving Sheet Base Sidewalks Curbs and Gutters San44ry Sewers Mains Other On -Site Sewage, Facifilic- Water Sy4ems Other On -She Watcr Supply Water Storage Taras Fire Hydrant—,; Storm Sewer or Drainage Facilities Steer SkIaLs Slyeet Lighting Srr--tl Monuments Survey Monument Boxes Landscaping Other ( BOX X TOTAL C, OLLATEFLA I,, TOTALS COSTS X 125%) DATE FEES TOTALS COSTS COSTS LI July 31, 2003 Mike Baker Parks & Recreation Dept. RE: Tree planting on the Boulevard at Sunnyside subdivision. Mike: After meeting with you and reviewing the city requirements for a 40' spacing of trees on the Boulevard we are requesting your approval on the following. 11 Autumn Blaze Maple Cost of tree's $100.00 ea X 11 = $1, 100-00 Cost of planting $75.00 ea X 11 = $ 825.00 Total Cost $1,925.00 These trees are to be planted as time and weather permits. Thank you, on Peterson J 6 !�� Approval Mike Baker, Director Parks & Recreation Plat Room Flathead County, Montana 800 S. Main St. Kalispell, MT 59901 (406) 758-5 510 This F-01'111 is for SLIbCIiVi5iOIIS & CondolililliLIHIS Only BY: DISCI: L4 � 6YL I (FARS 1993 1-1-10 AW-SSOR // DATE PHRPOSI: I hereby certify that thel-0 i'Ve no outstalldillo IL-1)((,s oil [lit! pI ()I)(,l 1\1, assigned the assessor IILIIIII)(!I-S listed above, [or the Veal indicated fol (-ach assessor TI eas I 11. kI- r Deplity (Seal)JUN 122003 UNITEDSTATES --- FLATHEAD STATION 248FIRST AVENUE WEST KAL|SPELLMT. 50QU1-Q090 Phnne4O0-755-0187 Fax406-755-O370 To: Flathead County Planning Board Re: SunnyoidoSubdiviaion Towhom itconcerns: The above referenced project has been reviewed. Asuitable 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, X-) Barbara D. Wuertz Acting Station Mgr. (40)-rss-0mr FEB 1 2003 Tp -CITy pLANNIIING OFFICE .,I TRAFFIC IMPACT STUDY SUNNYSIDE SUBDIVISION February 6, 2003 MMI Project 03702,001-010-0214 Prepared for: OWL Corporation .500 Palmer Drive Kalispell,),Iontana 59901 Prepared by: Morrison MaieTle, Inc 2020 Grand Avenue Billings, Montana 5910S IN RODUCTlON Sunnyside Subdivision is a proposed 10-acre subdivision comistitlg of 24 single-family and 38 to"diouse 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 revicw 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. EXJS7 NG CONDXTXONS Valley View and Sunni side Drives provide primary local road access to the subdivision via either Foys Lake Road or 5'b Avenue West. Sunnyside Drive is approximately 22 feet wide in the vicinity of the proposed subdivision. be pasted 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 coned 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 ware located and recorded as follows: Sunnyside Dr Eof Denver 79 8.00 -- 9:00 AM Sunnyside Dr 65 (E of Denver),_7:00 — 8:00 AM Sunny. ide Dr 87 E of Ashley Ck Br) 8:00 — 9.00 AM Denver Ave. 103 (S of Sunnyside Dx) , 8:00 — 9:00 AIM 101 5.00 — 6:00 FM 785 _ 93 5:00 — 6:00 PM 776 91 3:00 — 4:00 PM $26 131 1056 5:00-6:00PM Additional traffic counts were not recorded for purposes of this evaluation. The pe,,k hour volumes noted in the above table were utilized to estimate turn movements at Sunnyside Ihive and Deriver Avenue. ,Ashley Drive, north of Sunnyside Drive exists as a loop and serVices few properties. Therefore, trafiMe volumes are assumed to be negligible at this intersection. Existing A%f yard PM peal: hour traffic volumes are illustrated in Figure 3. Page t of IQ m . .... . 'Brook or Two M i e L 0�17�m M11=4 cli%j EX Got Ad pp VftM"Hts Althlay Or TO of S% lah- Way '%.,INNYSIDE fw `71—il SUBDIVISION 02= It apQve t.ceM- lmc-'. 02003 GDT, Inc. St.. '! 4, : ca mill t FIGURE 1 PROJDCT ION FIGURE 2 LOCAL STREETS 1 SUNNYSIDE SUBDIVISION KALISPELL, MONTANA ""'m op" in LEGEND X)t Z:) Am FIGURE 3 EXISTING PEAK HOUR TRAFFIC A. review of existing traffic operations was conducted in accordance with current Highway t:apace , anual (HC�12 C10)* Transportation Reg c(i Board procedures. Analysts was limited to the intersection of Sunnyside Drive and Denver Avenue, which is stop -controlled at the northbound Denver Aventtr. 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 conditiorri. The following table summarizes these results, while a full output report is provided in the Appendix. Drive and Denver Avenue BNB LefttPi h A 9.0 A 9.1 PROPME , P pEVE.L(?X'1KENT The proposed development will consist of a 62-lot subdivision to include 24 single-family home lots and 38 townhouse lots. '['he single-family lots are approximately 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 Sunnyside Drive to provide direct service to the subdivision lots. Additionally, street connections are proposed between Ashley Drive and Denver Avenue at Santa Fe and Bismark Streets within the subdivision. All proposed roads are 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 Surtnyside Drive. Estimated sight distance along Sunnyside Drive, from the Ashley Drive approaches, is 525 to 540 feet to the west and 250 to 2180 feet to the east. A Policy ca Geometric Design of HivhwaYs and Streets,_Loutth Edition, AASSHTO, 2001 identifies sight distance paramcters necessary for safe vehicle maneuvers. The contr-ollin,g,, or greatest, intersection sight distance is for left turning vehicles. 7rn this particular case, a sight distance value of 275.6 fcet is calculated for a 25 mph design speed. Right turn and crossing maneuvers require 240 feet of intersection sight distance at 25 mph. 'These calculations indicate that available sight distance is sufficient. Page $ of ]0 A trip generation analysis was completed for the development for the AM peak hour, PM peak - hour and average weekday conditions. Trip rates for Land Use 210 -- Single Vamily Detached Housing and Land Use 230 — Residential Condominium/Townhouse, as published in Trip Geul at' n, 6"' E( ition, I.TE,199'7, were utilized to compute anticipated trip generation volumes for the proposed subdivisiom. In accordance with these procedures, trip generation computations are presented in the following tables for AM peak hour, PM peak hour and daily conditions, re4p ec tive ly, Site generated trips were distributed 65% to Ashley Drive and 35% to Denver Avenue. At Sunnyside Drive, 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 generated traffic volumes were combined with the existing traffic volumes to forecast total traffic conditions upon eompiction of the proposed subdivision. These volumes are indicated on Fi4mr. 5. Daily traffic computations are provided in the following table; Sunnyside Dr (W o f Dcnver) Sunnyside Dr (E of DenverZ._.., Denver Ave (S of Sunnvqide I 785 776 �- 1056 246 1031 292 1068 158 1214 SUNNYSIDE SUBDIVISION KALISPELL, MONTANA r0 W% MN0 (20) LEGEND xX (COL} AM N FIGURE 4 PEAK HOUR SITE TRAFFIC 52 (41) 23 (33) SUNWMDE DRIVE j L t� —" 3 (13) r— 22 (47) 38 (57) --- + 19 (39) -- --Z 2 (7) .. Loll SnE UMITS I f� $MIiA FE STREET f � a I 4 f 4►SWRCK STREET' L_... SUNNYSIDE SUBDIVISION KALISPELL, MONTANA ww M-"A xx W) AM pw FIGURE 5 TOTAL PEAK HOUR TRAFFIC Similar to the existing condition evaluation, a two-way stop-cornrolled analysis vas performed at the intersections of Sunnyside Drive and Denver Avenue, and the proposed intersection of Sum yside Drive and Ashley Drive. The following table provides a summuy of this evaluation. Detailed reports are provided in the Appendix. -.Q.-,��•. -A- 1�Y~1��� v I,f)a.li-z °f i�i ��, @�1, ��> E'TF'� in 9��1 ;M -tall Sunnyside Drive and Ashley Drive ED Lt/ThrufRt A 7.3 A 7.3 WB Lt/Thru/Rt A 7.3 A 7.4 ND LyThru/Rt A 8.8 _— }�--- AA 8.9 SB i t/Thru/ltt A 8.9 A_ e 9.0� It is apparent by this evaluation that both intersections will operate at very ;favorable level -of - service conditions under the planned subdivision development. CONCLUSIONS AND RECOMMENDATIONS Based upon this evaluation. it is concluded that the proposed Sunnyside Subdivision A ill not adversely affect the adjacent street network, or operation of adjacent intersections. As is evident by the capacity analysis, impacts at the intersection of Suumyside 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 275,6 feet), To further improve safety it is suggested that an intersection warning sign (W2-1) be placed in the westbound direction on Sunnyside Drive approximately 300 feet in advattce of Ashley Drive. Further; within the sight triangle as rioted by Figgie b, a clear view free ofobstntctions 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 Transportation Plan October 1993 discusses infrastructure improvements related to the proposed Kalispell Bypass. The southern section of the Bypass is planned along thta railroad corr,dor from US 93 to L'S 2. Within this section a signalized intersection is plamed pq% 9 of 10 at Foys Lake Road_ Additionally, improvements to Sunnyside Drive from. Valle'vN iew Drive to 5'' Avenue West are propammed. This work would liktly involve widening, intersection enhancements and improvers roadway geometries. These improvements arc expected tc improve traffic operations and increase travel demand in the immediate vicinity. 5uyin aide unv _ r -------------------------- Intersection Sight Triangle FIGURE 6 Page 10 of 10 �, 6 s C4� 1 _ ,APPENDIX THIS DOCUMENT HAS AN ARTIFICIAL WATERMARK PRINTED ON THE BACK THE FRONT OF THE DOCUMENT HAS A MICRO -PRINT SIGNATURE LINE ABSENCE OF THESE FEATURES ULL INDICATE A COPY 2929 ,a IVA GLACIER 15 BANK P.O. BOX 27 - KALISPELL, MT 59903 REMITTER OWL CORPORATION CASHIERS CHECK 014672771320 22-1676 960 1 DATE 8/01/03 PAY TO THE CITY OF KALISPELL ORDER OF -- 1$ $2,406.00 EXACTLY **2406 AND 00/100 DOLLARS DOLLARS PAYABLE THROUGH AV US BANK, ST. PAUL, MIN SIGNATURE OF 1:0960 16765l:00467 27713 206111 t"L A I Ut' SIIN/ IYSIDE SUBDIVII'MON IN MNE E114NW114 SEC. 19, r28N, ROT, PMM., FLATHEAD COUNTY, moNrANA 0, w w as TOW AREA: 0.966 AC. no vr raw SANTA FE STREET LC i I (L'ONEPIN 7 VIEWor ESTATES, PHASE 21 (COS 12924) mm or mcotww$ Fm vr PEW v aw" LOT 27 AW 5 UTILITY ---1, CASEMENT LOT 0. 188 AC. I sar"W-W z ui w LOT i All 0. 138 AC. 2 IN Lq LOT 6 ssereasw Afsr LOT 4 PHOENIX 0. 138 AC. STREET LOT is 'LOr s- W 0. 138 AC. SWJ5 LOY S. t 0.188 AC. I Ig 1 1 �Wjsvrw Z �-7� W UTILITY a. CASEMENT w LOT 7 0 0. 138 AC. @� roe LOT 17 SISMARK STREET wr Atw 020 �