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1. Final Plat - J & L SubdivisionTri-City Planning Office 17 Second Street East - Suite 211 Kalispell., Montana 59901 Phone: (406) 751-1850 Fax: (406) 751-1858 tricityLi centnCdel.net www.tricftyplanning-int.com REPORT TO: Kalispell Mayor and City Council FROM: Tom Jentz, Director Chris A. Kukulski, City Manager SUBJECT Final Plat for J & L Subdivision MEETING DATE: November 17, 2003 BACKGROUND: This is a request for final plat approval of a 2-lot commercial subdivision. containing I.18 acres located at the south end of Meridian. Court within the City of Kalispell. The preliminary plat for this subdivision was approved by the Kalispell City Council on July 21, 2003 subject to 8 conditions. All of the required conditions of approval have been addressed or installed except for the construction of sidewalks, boulevard landscaping and street tree planting and placement of the mail box receptacle. A subdivision improvements agreement and certificate of deposit in the amount of $ 13,687.50 is enclosed which addresses 125% of the cost of the remaining work. RECOMMENDATION: A motion to accept the subdivision improvements agreement and approve the final plat for J 8v L Subdivision would be in order. FISCAL EFFECTS: Potential minor positive impacts once developed. ALTERNATIVES: As suggested by the City Council. Respectfully submitted, Tom Jentz Chris A. Kukulski Director i, City Manager Report compiled: November 10, 2003 Attachments: Letter of transmittal 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 tricit centu el.net www.tricityplanning-mt.com November 5, 2003 Chris Kukulski, City Manager City of Kalispell P.O. Drawer 1997 Kalispell, MT 59901 Re: Final Plat Approval - J & L Subdivision Dear Chris: This is a request for final plat approval of a 2-lot commercial subdivision containing 1.18 acres of land located at the south end of Meridian. Court within the City of Kalispell. The preliminary plat for this subdivision was approved by the Kalispell City Council on July 21, 2003 subject to 8 conditions. All of the required conditions of approval have been addressed or installed except for the construction of sidewalks, boulevard planting and trees and mailbox receptacle. A subdivision improvements agreement and bond in the amount of $13,687.50 is enclosed which addresses 125% of the cost of the remaining work. The following is a list of the conditions of preliminary plat approval and a discussion of how they have been met or otherwise addressed. COMPLIANCE WITH CONDITIONS OF APPROVAL Condition No. 1. Development of the subdivision will be platted in substantial compliance with the approved preliminary plat which shall govern the general location of the lots and access. • This condition has been. met. These lots were indicated on the preliminary plat and are in substantial compliance with the approved plat. Condition No. 2. That all improvements for the subdivision shall be designed and constructed in compliance with the City of Kalispell's Design and Construction Standards. Certification from an engineer licensed in the State of Montana shall be submitted with the final plat stating that all of the improvements have been constructed accordingly. • This condition has been met per letter from Ed Engel, P.E. dated November 5, 2003 that all required improvements are in place except for sidewalks, boulevard planting and trees and the mailbox receptacle. Cold weather set in and stopped development for the season. A subdivision improvements agreement has been attached with the application for $13,687.50 which addresses the cost of the sidewalk work plus 125%. Conditions. No. 3. That approval of the water and sewer facilities for the subdivision shall be obtained from the Montana Department of Environmental Quality. • This condition has been met per letter from DEQ dated August 11, 2003. Providing Community Planning Assistance To: • City of Kalispell • City of Columbia Falls • City of Whitefish • Final Plat of J & L Subdivision November 5, 2003 Page 2 of 3 Condition No. 4. That a letter from the Kalispell Public Works Department shall be obtained which states that the proposed plans and specifications and all improvements including sewer facilities, road paving, curbs, gutters, sidewalks, landscaping and drainage systems have been reviewed and approved in accordance with Kalispell's Design and Construction Standards and have been constructed accordingly. This condition has been met per letter from City assistant engineer Frank Castles dated August 6, 2003. Condition No. S. That a common mail facility be located for the subdivision and be approved by the local postmaster. • This condition has been met per a letter from Pennie Ulvila, US Postal Service dated November 10, 2003 specifying a location and design standards for the mail cluster. The associated work is included in the subdivision improvements agreement. Condition No. 6. That the fire access and suppression system including the number and location of fire hydrants within the subdivision be reviewed and approved by the City of Kalispell Fire Department for compliance with the Uniform Fire Code. • This condition has been met per letter dated November 10, 2003 from Fire Marshall Jim Stewart. Condition No. 7. That any areas disturbed during construction be re -vegetated with a weed - free mix in accordance with a plan approved by the Kalispell Parks and Recreation Department. This condition has been. met. The applicants did not complete boulevard and tree work this year. All work is included in the attached subdivision improvements agreement. Condition No. S. That the preliminary plat shall be valid for a period of three years from the date of approval. • This condition has been met. The preliminary plat was approved in July 2003 and would not expire until July 2006. COMPLIANCE WITH APPROVER PRELIMINARY PLAT The final plat is in compliance with the preliminary plat which was reviewed and approved by the City Council on July 21, 2003. COMPLIANCE WITH THE SUBDIVISION REGULATIONS: This subdivision plat is in compliance with the State and City Subdivision Regulations. Final Plat of J & L Subdivision November 5, 2003 Page 3 of 3 COMPLIANCE WITH THE ZONING REGULATIONS This subdivision is in compliance with the Kalispell Zoning Ordinance and the B-2 zoning designation which governs the dimensional requirements of the lots within the subdivision. 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 J & L Subdivision. Please schedule this matter for the regular City Council meeting of November 17, 2003. TRJ / sm Attachments: 2 reproducible Mylars of final plat 1 copy of final plat Final plat application dated 10 / 29 / 03 Ltr from Ed Engel, P.E. dated 11/5/03 Letter from Frank Castles, Assistant City Engineer dated 8/6/033 Letter from DEQ dated 11 / 11 / 03 (EQ 04-1249) Letter froze. DEQ dated 11/ 15/03 (EQ 04-1238) Letter from Jim Stewart, Fire Marshall dated November 10, 2003 Letter from Pennie Ulvila, Postal Service dated l l / / 10/03 Subdivision Improvements agreement dated November 10, 2003 Certificate of Deposit Issued 11 / 5 / 03 in the amount of $11,812.50 Certificate of Deposit Issued 11/ 10/03 in the amount of $1,875 Title report - Chicago Title Insurance Company Policy 7208926-1185 dated 10/24/03 Treasurers Certification dated 10/29/03 c: Paul J. Stokes, 322 2na Ave. West Suite B, Kalispell, MT 59901 Jerry and Laverne Scott, 10 South Meridian Road, Kalispell, MT 59901 Theresa White, Kalispell City Clerk THIS AGREEMENT, ENT, made and entered into this IOth day of November, 2003. by and between the CITY OF KALISPELL of Flathead County, Montana., Party of the First Part and hereinafter refereed to as the CITY, and JEERRY & LAVERNE SCOTT (Nan-& of Developer) a (Individwd, Company or Corporation) located at 10 SOUTH MERIDIAN KAI,ISPELL, MT 59901 (Street Address/P-O. Sox) (City-, County, state, Zip) Party of the Second Part and hereinafter refereed to as DEVELOPER. WITNESSETB: THAT WHEREAS, the :Developer is the owner and developer of new subdivision known as I & L SUBDIVISION (Name of Subdivisim) located at 30 & 33 MERIDIAN (Location of Subdivision) and, WHEREAS, the City has conditioned it's approval of the final plat of T & L SUBDIVISION, upon the conditions as set forth (Naw of Subdivision) in the Resolution 4811 being completed and all improvements, as cited in EXFIIBIT .13 have not been completed at this time, and the Developer wishes to bond for the completion of those improvements set forth in EXIIIBIT B; and WHEREAS, the City`s Subdivision Regulations require that a subdivider shaii provide a financial security of 125% of the estimated total cost of construction of said improvements as evidenced by an estimate prepared by a license putslie engineer included herewith as "Exhibit B' ; and WHEREAS, the estimated total cost of construction of said improvements is the sure of 10,950.00. NOW THEREFORE, in coasideration of the approval or: the final plat of said Subdivision by the City, the Developer hereby agrees as follows: The Developer shall deposit as collateral with the City a setter of Credit, or other acceptable collateral as determined by the Kalispell City Council, in the amount of 13,68 7.50. 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 $13,687.50 the estimated cost of completing the required improvements in J & L SUBDIVISION (Name of Subdivision) b. Tbat if the Developer faits 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 for those improvements up to the limited of credit stated in the letter; 2. That said required improvements shall be fully completed by AUGUST 1, 2004 3. That upon completion of the required improvements, flee i3eveioper 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. "I'hat these improvements are free and clear of any encumbrances or liens; e. That a schedule of actual constriction costs has been filed with the City; and, f. All applicable fees and surcharges have been paid. 4. The Developer shall cause to be fried with the City copies of the 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. ITIS ALSO AGREED BY AND BETWEEN THE PAR"HES 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. 2 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 sure 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 improvement or improvements in accordance with the specifications. The unused portions of the collateral shall be returned to the Developer or the crediting institution, as is appropriate. IN WITNESS WHEREOF, the Parties have hereunto set their hands and seals the day and year herein before written. J & L SUBDIVISION (Name of SubdivisionMevelope€!Firm) by erry Cott, Owner by ' C V- Laverne Scott, Owner STATE OF MONTANA COUNTY OF , 6-, -� A e �F On this day of:s before me, a Notary Public for the State of Montana, personally appeared :rx �.., Z=�s= Known to me to be the ' Whose name is subscribed to the foregoing instrument and acknowledged to me that he/she executed the same. 1N,WITNESSrid REOF, l have hereunto set my hand and affixed. my Notarial cal this dayear first above written. Nary Publi for the State of Montana Residing at My Commission Expires - >%� 7 EXHIBIT B This agreement specifically includes the following improvements, their projected construction completion date and estimated construction costs. CHECK CONSTRUCTION ESTIMATED APPROPRIAI'L; COMPLETION CONST'RGCTION IMPROVEMENTS BOX DAU COSTS Street Crading!Pav np X COMP.1:.:ET1,13 Street Base X COMPLETED Sidewalks X 08/01 /04 $9,250.00 Curbs and Gutters X COMPLETED Sanitary SoNvers J Mains X COMPLETED Other ( ) On -Site Sewage Facilities X COMPLETED Water Systems Mains X COMPLETED Other ( ) On -Site Water Supply Water Storage Tanks Fire 140rants X COMPLETED Storm Sewer or Drainage Facilities X COMPLETED Street Signs Street Lighting Street Monuments Survey Monument Boxes Landscaping $1500.00 Other( X) mail boxes $200.00 SUBTOTAL $10,950.00 FEES TOTAL COSTS TOTAL COLLATERAL (TOTAL COSTS X 125%) $13,687.50 5 THE CITY OF KALISPELL By: ATTEST: By: Pamela Kennedy, Mayor of Kalispell City Clerk EXHIBIT A Conditions of approval as fixed to the preliminary plat by the City of Kalispell. Tri-City Planning Office 17 Second St East, Suite 211 Kalispell, MT 59901 Phone: (406) 751-1850 Fax: (406) 751-1858 FINAL PLAT APPLICATION Project Name; J &. L SUBDIVISION Contact Person: Owner &, Mailing Address: Name: PAUL J. STOKES JERRY & LAVERNE SCOTT Address 322 2N') AVE. WEST SUITE B 10 SOUTH MERIDIAN RD. KALISPELL. MT 59901 KALISPELL, MT 59901 Phone No.; 755-8707 755-0755 Date of Preliminary Plat Approval : AUGUST 11, 2003 Type of Subdivision.: Residential Industrial Commercial X PUD Other No. of Lots Proposed 2 Parkland (acres) N/A Land in Project (ac.) 1.183 Cash -in -Lieu $ N/A Exempt N/A FILLING FEE ATTACHED $ 360.00 Minor Subdivision with approvedt preliminary plat $300 + $30/lot Major Subdivision with approved preliminary plat $500 + $30/lot Subdivisions with. Waiver of Preliminary flat $500 + $30/lot Subdivision Improvements Agreement $ 50 Not Attached Applicable (MUST CHECK ONE) -X_ Health Department Certification (Original) _ X Title Report (Original, not more than 90 days old) X Tax Certification (Property taxes must be paid)!) _ —X Consent(s) to Plat (Originals and notarized) X Subdivision improvements Agreement (Attach collateral) X Parkland Cash -in -Lieu (Check attached) X Maintenance Agreement X Plats: 1 opaque OR 2 Mylars l Mylar copy 1 signed blue"e 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 fists each condition of preliminary plat approva , and individually state now each condition has specifically been met. In cases where documentation is required, such as an engineer's certification, State Department of Health certification, etc., original letters snail 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 bii days prior to expiration date of the preliminary plat. When all application materials are submitted to the fri-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. 1 certify that. all information submitted 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 & Recorder requests that all subdivision final plat applications be accompanied with a d Wtal copy. `l - Date -"�A digital copy of the final plat in a Drawing Interchange File (DX-) format or an AutoC:AD file format, consisting of the following layers: 1. Exterior boundary of subdivision 2. Lot or park boundaries 3. Easements 4. Loads or rights -of -way 5. A tie to either an existing subdivision corner or a corner of the public land survey system As approved by the TCPB, Effective 5/ 1/03 Consid i'ng ,engineers November 5, 2003 City of Kalispeh City Council P.O. Box 1997 Kalispell, Mr 59903-1997 RE: Final Plat of the J & L Subdivision Dear City Council Members; Reference is made to the above project. This is to certify: 322 Second Avenue West Suite a Ka1isp H, MT 59901 'telephone (406) 7554707 FAX (406) 755-2613 s Ali required improvements are conViete with tlrc exception of the sidewalks which are included in the enclosed. Subdivision Improvement Agreement; * The improvements are in compliance with the minimum standard specified by the City of Kalispell; * The subdivider lows of no defects in these improvements; • A schedule of actual construction costs is enclosed; and • All applicable fees and surcharges have been paid. ` e have performed the fma-1 inspection on the above referenced project. All. construction that we observed was found to be in substantial conformance with the approved plan and City of Kalispell and MDEQ regulations. if you need any additional information please feel free to contact our office. Sincerely, PAI.IL J. STOKES & ASSOCIATES, INC. By: Ed Engel, P_ Project Engineer c: Jerry and Lavergne Scott file FNOEL_ i276=cr `'ONAL City of Kalispell Public Works Department Feast Office Box 199-,, Kalispell, Montana 59903-i997 -Telephone (406)758-7720FaN (4 6)758-783 . August 6, 2003 Environmental Health Services Flathead City -County Health Department 1035 First Avenue West Kalispell, Montana 51 Attention: Dick Montgomery, P.E. RE: Scott Minor Subdivision Kalispell, Montana Dear Dick, This letter is to confirm that the City of Kalispell has reviewed and approved the plans and specifications prepared by Paul J. Stokes & Associates, Inc., 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, & a'�- Frank Castles, P.E. Assistant City Engineer cc: Ed Engel, P.E. Paul J. Stokes & Associates, Inc. Nfr Montana Department of � NVMONMEWA Judy Martz, Governor P.O. Box 200901 • Helena, MT 59620-0901. • (406) 444-2544 • www.deq.state.mt.us August 11, 2003 PJ Stokes & Associates Ed Engel PE 343 lst Ave West Kalispell MT 59901 Dear Mr Engel: RE: Scott Minor Re -Subdivision Municipal Facilities Exclusion EQ#04-1249 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 DEQ, Public Water Supply Section's 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, `q�,� Janet Skaarland Compliance Technician Subdivision Section Water Protection Bureau (406) 444-1801 —email. jskaarland@state.mt.us cc: City Engineer, City of Kalispell County Sanitarian file Centralized Services Division • Enforcement Division • Permitting & Compliance Division • Planning, Prevention & Assistance Division • Remediation Division Edward Engel, P.E. August 15, 2003 Paul J. Stokes & Associates, Inc. 343 First Ave West Kalispell, MT 59901 RE: Scott Water and Server Extension, EQ# 04-1238 Dear Mr. Engel: Plans and specifications for the above -referenced project have been reviewed by personnel with the Permitting & Compliance Division utilizing the certified checklist procedure. The plans and specifications are hereby approved. One set of plans and specifications bearing the approval stamp of the Department of Environmental Quality is enclosed. Approval is based on plans and specifications received August 13, 2003 under the seal of: Edgard Engel, P.E.# 12762PE. Approval is also given with the understanding that any deviation from the approved plans and specifications will be submitted to the Department for reappraisal and approval. Within 90 days after the project has been completed the project engineer shall certify to the Department that the project was inspected and found to be installed in accordance with the plans and specifications approved by the Department. This certification shall be accompanied by a set of "as -built" record drawings signed by the project engineer. It is further understood that construction will be completed within three years of this date. If more than three years elapse before completing construction, plans and specifications must be resubmitted and approved before construction begins. This three-year expiration period does not extend any compliance schedule requirements pursuant to a Department enforcement action against a public water or sewage system. Please be aware that this project may need a storm water general permit. Please contact the Water Protection Bureau at 406-444-3080 for more information. Sincerely, �at M.. ud , nvironmental Engineer Specialist PWS,/CSB Permitting & Compliance Division cc: Scott City of Kalispell, Department of Public Works Flathead County Sanitarian Pile Centralized services Division • En€orcenicnt Division - Permitting & Compliance Divisinn � Planning, Prevention & Assistance Division - €temediation Division KALISPELL FIRE DEPARTMENT Randy Brodehl - Fire Chief Jim Stewart - Assistant Chief/Prevention Dee McCloskey -- Assistant Chief/Operations November 10, 2003 Paul J. Stokes & Associates 322 2nd Ave West Kalispell, MT 59901 Attn: Kate Cassidy (fax 755-2613) Re: Scott Minor Subdivision Dear Kate, 312 First Avenue East Kalispell, Montana 59901 (406) 758-7760 FAX: (406) 758-7952 In response to your request for information related to the above -referenced project we have the following: • Fire department access, fire flows, and fire hydrant location are approved by this department. Please contact me if you have any questions. Sincerely, ,Jim Stewart Prevention Chief/Fire Marshal Kalispell Fire Department cc: Tom Jentz, Tri-City Planning Director "Assisting our community in reducing, preventing, and mitigating emergencies. " UNITED STATES ! OSML SERVICE 350 N MERIDIAN RD KALISPEL, MT 59901-9998 November 10, 2003 Jerry and Laverne Scott 10 South Meridian Road Kalispell, MT 59901 Dear Mr. and Ms. Scott: I have approved mail delivery for 10 Meridian Court at a new Cluster Box Unit (CBU) located next to an existing CBU for Meridian Court as indicated on the enclosed plat. Also enclosed are instructions for the cement pad installation. If you have any questions, you may contact me at 755-6450. Sincerely,# Pennie Ulvila Carrier Supervisor PU:maa Enclosures (S9N1YV3i9 -JO SISVgj M..9�;60.1i1,S aboa �--- ,so'szF NVIQ183W M.H A,-9,*,sa foS dl8iS 9NINWIM oVo8 ,01 .zs z�r _ .00 D£ f .00 Off' 41..93�.SOJOS #� W Q .r 0 M* r l Q 110 . NQ% gyp(0 v z� �o mow) Q [w � 3 Q moo. 34' Noy t f K.`J vT if4..94+.ZOINt M 9iy h co LL w U LL m �V a Z w L2LU -jWa w Dwo a. V� z PaN W r as, O z o �-- z zw w �-- ti �� N �a 0 L aLU F-::) z LU 0) W _H J i Gr Nv i Tfat-1 ��� 2�e�� �" { F ��:!1 f'f- C;ry, -foo r-"J--79 W 11 IT li � �� � � •s- -J-1 f' L — r STANDAP.O BASc OETAIL NO. 1 General Notes: 1. Concrete_ 3000 psi @ 28 days, 6% air entrainment 3" slump, place in accordance with ACI-301. 2. Reinforcing steel: ASTM A615, grade 60. 3. Anchor bolts: Provided by USPS with template. d. _ 5. This base detail can be used for neighborhood delivery and collection box units (NDCBU), Cluster boxes and parcel lockers with 4' x 10" bolt pattern. 6. Required expansion bolt capacity, based on calculated design load = 3100 lbs tension, 2000 lbs shear. Ci DATT op F JU RErtstoN DAT-E � o 40*+* �... FACILITIES DEPARTMENT WASHINGTOL D.C. usrx Mr. CaDD lETi: UNITED STATES POSTAL SERVICE s Attachment 1 1 RESOLUTION NO, 4811 A RESOLUTION CONDITIONALLY APPROVING THE PRELIMINARY PLAN` OF SCO TT ADDITION NOI 331, MORE PARTICULARLY DESCRIED AS LOT 10A OF THE AMENDED LOTS 1 AND 10, HOLLISTER'$ 11TERIDI.N TRACTS, SECTION 13, TOWNSHIP 28 NORTH, RANGE 22 WEST, PALM., FLATHEAD COUNTY, MONTANA. WHEREAS, Jerry and LLaVeme Scott, the owners of certain real property described above, has petitioned for approval of the Subdivision Plat of said property, and WHEREAS, the proposed subdivision plat of said property is subject to the provisions of section 2.05 (Preliminary Plat Pros -Mirror Subdivision), Subdivision Regulatiom of the city of Kalispell, and WHEREAS, the 'Tri-City Planning Office has reviewed the proposed subdivision and made a report (##Yft946WAA) to the City Council of the City of Kalispell, said report considering t c criteria set forth in Section 76-3-608 MCA, and �c 3 - I WHEREAS, the City CoLmoil of the City of K.siispell at its regular Council Meeting of July 21, 2003, reviewed the Tri-City Planning Office Report #KPP-03-1. and found from the Preliminary flat, and evidence, that the subdivision is in the public interest, NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY DF KALISPELL, MONTAANA AS FOLLOWS: SECTION 1. That the Findings of Pact .oratained in Tri-City Planning Office Report #KPP-03-1 are hereby adopted as the Fi:tdings of Fact of'the City Council. SECTION That tine application of Jerry and LsVe ae Scott for approval of the Preliminary Plat of Sett Addition No. 331, Kalispell, Flathead County, Montana is hereby approved subject to the following coraditions,. 1, That the development of the site will be in substantial conformance with the approved preliminary plat which shall govern the general location of tarc lots and accesses. That all improvem-ents for the subdivision shall be designed and constructed in compliance with the City of Kalispell's Dvsip and Construction Standards. Certification from engineer li nse d in the state of Montana shall be submitted with ti?e final plat stating that al, of the improvements have been constructed accordingly. 3. That approval of the watet and sewer facilities ka- the subdivision shall be obtained fronts the Montarsa Deparment of Environmental Quality. That a letter from the Kalispell Public Wlrks Department skull be obtained which states that the proposed plans =4 specifications of all improvements including sewer facilities, road paving, curbs, gutters, sidewalks, landscaping and drainage systms have been reviewed and appmved in accordance with Kabi pell's Design and Construction Standads and have been constructed accordingly, That a common n-wil facility be located for the subdivision and be approved by the local postmaster. That the fire access and suppression system including the number and tom ion of f re hydrants within the subdivision be reviewed and approved by the City of Kalispell Fire Department for compliance with the Uniform Fire Code. 17. That any areas distur bed during construction be revegetated with a wood -free mix in accordance with a plan approved by the Kalispell Parks and Recreations Department. That the preliminary plat shall be valid fora period of ftw yem from the date of its approval.: - SEKYN—N111, The classificadmi of said promises under the Kalispell Interim Zoning Ordinance shall not be changcd by the acfiom 8 ECTION-111, Upon proper review and filing of the Fir W Plat of said subdivisio:a it the office of tbe Flathead Couaty Clerk and Rewrder, 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 I I ST DAY Of -11003, Parfelab. Kennay_V___ ?Vfaym ATTEST Theresa White City Clerk CONFIRMATION OF TIME DEPOSIT Financial Institution: First interstate Bank, Kalispell Branch 2 Main Street, P.O. Box 7130, Kalispell, MT 59W4-0130 2300008174 Account Name: JERRY L SCOTT, M LAVERNE SCOTT or CITY OF KALISPELL SSNlTIN: 549-78-0952 OWNERSHIP TYPE: Multiple Party With Right of Survivorship Account Number Issue Date Deposit Amount Term Maturity Date 2300008174 November 5, 2003 I $11,812.50 18 Months May 5, 2005 Rate Information: This Account is an interest bearing account. The interest rate on the account is 0.95% with an annual percentage yield of 0.95%. The interest rate and annual percentage yield will not change for the term of the account, The interest rate will be in effect until May 5, 2005. Interest begins to accrue on the business day you deposit noncash items (for example, checks). Interest will be compounded annually and will be credited to the account annually. Interest on your account will be credited by adding the interest to the principal. The annual percentage yield assumes interest will remain on deposit until maturity. A withdrawal will reduce earnings. Balance Information: We use the average daily balance method to calculate interest on your account. This method applies a periodic rate to the average daily balance in the account for the period. The average daily balance is calculated by adding the principal in the account for each day of the period and dividing that figure by the number of days in the period. We will use an interest accrual basis of 365 for each day in the year. You must maintain a minimum average daily balance of $1,000.00 to obtain the disclosed annual percentage yield. The average daily balance is calculated by adding the principal in the account for each day of the period and dividing that figure by the number of days in the period. Limitations: You must deposit $1,000.00 to open this account. You may not make additional deposits into this account. You may not make withdrawals from your account until the maturity date. Time Account Information: Your account will mature can May 5, 2005. If you withdraw any of the principal before the maturity date, we may impose a penalty of six (6) month's interest on the amount withdrawn. This account will automatically renew. You will have ten (10) Calendar Days after the maturity date to withdraw funds without penalty. Account Fees: The following fee applies to this account: Special Cut -Off Statement Printing: $5. MemberJS:Iagnarol-1 ofAufho d I cial Inmitution Signer NON TRANSFERABLE -NON NEGOTIABLE FDICof TIME DEPOSIT AGREEMENT 12-23 MONTH AUTO RENEW CD We appreciate your decision to open a time dosit account with us. This Agreement sets forth certain conditions, rates, and rules that are specific to your Account. Each signer acknowledges thatepthe Account Holder named has placed on deposit with the Financial Institution the Deposit Amount indicated, and has agreed to keep the funds on deposit until the Maturity mate. As used in this Agreement, the words "you", "your" or "yours" mean the Account Holder(s), the word "Account" means this Time Deposit Account and the word "Agreement" means this Time Deposit Agreement, and the words "we", "us" and "our" mean the Financial Institution. This Account is effective as of the Issue Date and is valid as of the date we receive credit for noncash items (such as checks drawn on other financial institutions) deposited to open the Account. Deposits of foreign currency will be converted to U.S. funds as of the date of deposit and will be reflected as such on our records. INTEREST RATE. The interest rate is the annual rate of interest paid on the Account which does not reflect compounding ("Interest Hate"), and is based upon the interest accrual basis described above. AUTOMATIC RENEWAL POLICY. if the Account will automatically renew as described above, the principal amount and all paid earned interest that has not been withdrawn will automatically renew on each Maturity Date for an identical period of time as the on inal deposit term. Interest on renewed accounts will be calculated at the interest rate then in effect for time deposits of that Deposit Amount and term. If you wish to withdraw funds from your Account, you must notify us during the grace period after the Maturity Date. EARLY WITHDRAWAL PENALTY. YOU have agreed to keep the funds on deposit until the Maturity Date of your Account. Any withdrawal of all or part of the funds from your Account prior to maturity may result in an early withdrawal penalty. We will consider requests for early withdrawal and, if granted, the penalty as specified above will apply. Minimum Required Penalty. If you withdraw money within six (6) days after the date of deposit, the Minimum Required penalty is seven (7) days' simple interest on the withdrawn funds. If partial early withdrawal(s) are permitted, we are required to impose the Minimum Required Penalty on the amount(s) withdrawn within six (6) days after each partial withdrawal. The early withdrawal penalty, may be more than the Minimum Required Penalty. You pay the early withdrawal penalty by forfeiting part of the accrued interest on the Account. If your Account has not earned enough interest, or if the interest has been paid, we take the difference from the principal amount of your Account. Exceptions. We may let you withdraw money from your Account before the Maturity Date without an early withdrawal penalty. (1) when one or more of you dies or is determined legally incompetent by a court or other administrative body of competent jurisdiction; or (2) when the Account is an Individual Retirement Account (IRA) established in accordance with 26 USC 408 and the money is paid within seven (7) days after the Account is oppened; or (3) when the Account is a Keogh Plan (Keogh), if you forfeit at least the interest earned on the withdrawn funds; or (4) if the Account is an 1RA or a Keogh Plan established pursuant to 26 USC 408 or 26 USG 401, when you reach age 59 1/2 or become disabled; or (5) within an applicable grace period (if any). RIGHT OF SETOFF. Subject to applicable law, we may exercise our right of setoff or security interest against any and all of your Accounts (except IRA, Keogh plan and Trust Accounts) without notice, for any liability or debt of any of you, whether joint or individual, whether direct or contingent, whether now or hereafter existing, and whether arising from overdrafts, endorsements, guarantees, loans, attachments, garnishments, levies, attorneys' fees, or other obligations. if the Account is a joint or multiple -party account, each joint or multiple -party account holder authorizes us to exercise our right of setoff against any and all Accounts of each Account Holder. Page 1 of 2 JERRY L SCOTT, M LAVERNE SCOTT or CITY OF KALISPELL TO: 10 S MERIDIAN RD DATE: November 5, 2DD3 KALISPELL, MT 59901 Original: Customer CONFIRMATION OF TIME DEPOSIT Financial Institution: First Interstate Bank, Kalispell Branch ' 2 Main Street, P.Q. Box 7130, Kalispell, MT 59904-0130 Number - Account Name: JERRY L SCOTT, M LAVERNE SCOTT or CITY OF KALISPELL SSNrrIN: 549-78-0952 OWNERSHIP TYPE: Multiple —Party With Right of Survivorship Account Number Issue Date Deposit Amount Term Maturity Date 2300008178 November 10, 2003 $1,875.00 18 Months May 10, 2005 Rate Information: This Account is an interest bearing account. The interest rate on the account is 0,95% with an annual percentage yield of 0.95%. The interest rate and annual percentage yield will not change for the term of the account. The interest rate will be in effect until May 10, 2005. interest begins to accrue on the business day you deposit noricash items (for example, checks). Interest will be compounded annually and will be credited to the account annually. Interest on your account will be credited by adding the interest to the principal. The annual percentage yield assumes interest will remain on deposit until maturity. A withdrawal will reduce earnings. Balance Information: We use the average daily balance method to calculate interest on your account. This method applies a periodic rate to the average daily balance in the account for the period. The average daily balance is calculated by adding the principal in the account for each day of the period and dividing that figure by the number of days in the period. We will use an interest accrual basis of 365 for each day in the year. You must maintain a minimum average daily balance of $1,000.00 to obtain the disclosed annual percentage yield. The average daily balance is calculated by adding the principal in the account for each day of the period and dividing that figure by the number of days in the period. Limitations: You must deposit $1,0Q0.00 to open this account. You may not make additional deposits into this account. You may not make withdrawals from your account until the maturity date. Time Account Information: Your account will mature on May 10, 2005. If you withdraw any of the principal before the maturity date, we may impose a penalty of six (6) month's interest on the amount withdrawn. This account will automatically renew. You will have ten (10) Calendar Days after the maturity date to withdraw funds without penalty. Account Fees: The following fee applies to this account: Special Cut —Off Statement Printing: $5. . 'ed Merrb#f" Sig Lre d Title of Autho ' Financial Insti tion Signer NON TRANSFERABLE - NON NEGOTIABLE FDIC' TIME DEPOSIT AGREEMENT - 1423 M, NTHJAUTO'RENEW CD We appreciate your decision to open a time deposit account with us. This Ag`eemen sets firth certain conditions, rates, and rules that are specific to your Account. Each signer acknowledges that the Account Holder named has placdd-oh' deposit with the Financial Institution the Deposit Amount mcicated, and has agreed to keep the funds on de osit until the Maturity Date. As used in this Agreement, the words "you", "your" or "yours" mean the Account Holder(s), the word "Account" means this Time Deposit Account and the word "Agreement" means this Time Deposit Agreement, and the words "we", "us" and "our" mean the Financial Institution. This Account is effective as of the Issue Date and is valid as of the date we receive credit for noncash items (such as checks drawn on other financial institutions) deposited to open the Account. Deposits of foreign currency will be converted to U.S. funds as of the date of deposit and will be reflected as such on our records. INTEREST RATE. The interest rate is the annual rate of interest paid on the Account which does not reflect compounding ("Interest Rate"), and is based upon the interest accrual basis described above. AUTOMATIC RENEWAL POLICY. If the Account will automatically renew as described above, the principal amount and all paid earned interest that has not been withdrawn will automatically renew on each Maturity Bate for an identical period of time as the original deposit term. Interest on renewed accounts will be calculated at the interest rate then in effect for time deposits of that Deposit Amount and term. If you wish to withdraw funds from your Account, you must notify us during the grace period after the Maturity Date. EARLY WITHDRAWAL PENALTY. You have agreed to keep the funds on deposit until the Maturity Date of your Account. Any withdrawal of all or part of the funds from your Account prior to maturity may result in an early withdrawal penalty. We will consider requests for early withdrawal and, if granted, the penalty as specified above will apply. Minimum Required Penalty. If you withdraw money within six (6) days after the date of deposit, the Minimum Required penalty is seven (7) days' simple interest on the withdrawn funds. If partial early withdrawal(s) are permitted, we are required to impose the Minimum Required Penalty on the amount(s) withdrawn within six (6) days after each partial withdrawal. The early withdrawal penalty may be more than the Minimum Required Penalty. You pay the early withdrawal penalty by forfeiting part of the accrued interest on the Account. If your Account has not earned enough interest, or if the interest has been paid, we take the difference from the principal amount of your Account. Exceptions. We may let you withdraw money from your Account before the Maturity Date without an early withdrawal penalty: (1) when one or more of you dies or is determined legally incompetent by a court or other administrative body of competent jurisdiction; or (2) when the Account is an Individual Retirement Account (IRA) established in accordance with 26 USC 408 and the money is paid within seven (7) days after the Account is opened; or (3) when the Account is a Keogh Plan (Keogh), if you forfeit at least the interest earned on the withdrawn funds; or(4) If the Account is an IRA or a Keogh Plan established pursuant to 26 USC 408 or 26 USC 401, when you reach age 59 1/2 or become disabled; or (5) within an applicable grace period (if any). RIGHT OF SETOFF. Subject to applicable law, we may exercise our right of setoff or security interest against any and all of your Accounts (except IRA, Keogh plan and Trust Accounts) without notice, for any liability or debt of any of you, whether joint or individual, whether direct or contingent, whether now or hereafter existing, and whether arising from overdrafts, endorsements, guarantees, loans, attachments, garnishments, levies, attorneys' fees, or other obligations. If the Account is a joint or multiple —party account, each joint or multiple —party account holder authorizes us to exercise our right of setoff against any and all Accounts of each Accounf Holder. Page 1 of 2 JERRY L SCOTT, M LAVERNE SCOTT or CITY OF TO: KALISPELL DATE: November 10, 2003 10 S MERIDIAN RD KALISPELL, MT 59901 Original: Customer Plat Ronm Flathead Count;-, Ninrrtana 800 S. Main St. I:alis0ell, MT 59901 (406) 758--SS 10 This Form is for Stilidivisions & Condnt-ninitims Only f FOR: r� rf: v/1TE 4J-Q)03 DESCP: 'j—q_ PURPOSE 6LC 3 (,L IZ)��//� PEARS & TO DATE ASSESSOR #t 0�9�)/�,9 I herehy certify that there are no outstanding tapes on the properly ,3 sirjnnd the assessor mimhers listed ahnvf,, fnr the years inclic ved F,r, ti each assessor number. Dermt-,, -rresasr►rer (seal) PRELIMINARY SUBDIVISION CERTIFICATE OF TITLE To the County of Policy No. 7208926- CHICAGO TITLE INSURANCE COMPANY 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 24th day of October , 2003 , at S o'clock P.M., the title to the described real estate was indefeasibly vested in fee simple of record in: Jerry L . Scott Laverne Scott, as Joint Tenants 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. l L`a V, ? !-Q ��rp- 2 �.," =e. Box aE_ 7-3 h- t E CHICAGO TITLE INSURANCE COMPANY sy, V/ ("o- ATCEST li�� I A sn«Wr Reorder Form No. 9113 (Reprinted 12/00) Preliminary Subdivision Certificate of Title For Use In Montana SCHEDULE A Page 2 Certificate No.: 7208926-1185 Our Fite No.: CG-37659 Being the legal description of the real estate covered by this certificate. The following -described parcels of real estate: Lot l0A of The Amended Plat of Lots 1 & 10 of Hollister's .Meridian Tracts, located in the Northeast Quarter of the Northeast Quarter (NE'/4NE'/a) of Section 13, Township 28 North, Range 21 West, P.M.,M., Flathead County, Montana. To Be Known as: J & L SUBDIVISION Page 3 Certificate No.: 7208926-1185 Our File No.: CG-37659 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 taxes, for the year 2003. 2. Reservations in Patents or the acts authorizing the issuance thereof 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. Terms and provisions contained in Resolution No. 4807, regarding annexation and zoning, recorded July 18, 2003 as Document #200319909110, records of Flathead County, Montana, 6. Petition to annex and notice of withdrawal from rural fire district, recorded July 18, 2003 as Document #200319909120, records of Flathead County, Montana. 7. Shed as shown on the Amended Plat of Lots 1 & 10 ofHollister's Meridian Tracts. S. Existing fencelines as shown on the Amended Plat of Lots 1 & 10 of Hollister's Meridian Tracts and the unrecorded plat of J & L Subdivision. 9. Meridian Court, a 60 foot road to be dedicated to City of Kalispell as shown on the unrecorded plat of J & L Subdivision, 10. No search has been made for water rights and unpatented mining claims, and liability thereon is excluded from coverage of this Certificate. -100 yys ,rt 0.52?4 Ac. � Nb°�a��rSCi` ba aUs7e g3!' 0.333VAC. p ® N. �taptl4 13 oa 1 Q O ��h 66 �o ity0 y66 A ,oa 3� 56, 3D � TO of He /f/ ssgzs as e ' rrs s� tol !S Hollister -41 r+' n. M4v, r of the CR of �r ^sispell, %cnt�r. e, en1 [rr- 's j p1a, has peen sutrmjz4ed far examjne(;o. and been l"" a ;a conform" to the law. and hereby accepts the dedreat:en t pu!'r: `-"- use �! env and all lends shown on t^;> pt9r 1 t THIS SKETCH 1S ',`, H D FOR ;NFORMATiO ;1 j; :! Y TO ASSIST IN RROPERT3' ,`'��F r REFERENCE TO STREETSSNO -� - a ai,1.•t. i}iJ�L6.l. ,y.�4f{��J, RING zF FLATHEAD COUNTY AND IS NOT NECESSARILY AN ACCURATE OF RECORD, THEIR BOUNDARIES DR EASEMENTS AND ROADWAYS. 16C r r169A r r r 13D 168 — t r r r r I _ I 7AB+ t t \ / 8 I r 7A'3 + 7AB+ i ` � + THIS SKETCH �,S H ifV D FOR i I�I}T�'(�rR E/'�' j CEl �\Y �{} IYI Vf�� i:i'0 ���i� oN tii\—i i. �J:+Y�� 0ASSIS ;N '/ l PPfJ�' FiTy _ C, T{r "I !`,' H REFERENCE TO STREETS AND 0 rfl r; PA's :.ELS. NG r AND ST# Ei I'�C TJL � �� _ S k F\ f I r cif u L t i SEASSII -_--_-_--_--- 1 Al 1+ 1DA 1FB iC jI p 1 1 L3 A � A 7ABA. 7AC + 1AH 1AG j IA+ 1AF M „A + 2; r 1 f 1 l 1 , 1AE Pl a t Of J & L SUBDIVISION Tended Plat of Lot 10A of the Amended Plat of Lots 1 & 10 of Hollister's Meridian a Located In NE114 NE114 SEC. 13, T.28N., R.22W., P.M.,M., FLATHEAD COUNTY, MONTANA 20.49' 401 &9 : 1. W. LE'e ' �d�ridkan Court ;j1foWdftn JAZ„tBasis ofBear}age per LeBvdness Per& TiS.T.�Y' 509.80, _ _ 208.45' Lot Q OLD C° tco t7.524 Ao. It 1d01 to t 1' p5.B9' MA @ CgRIZnM7E OF 41af6 CITY OF KALMPIrL' L we, Mayor of the My of K Montane, a, ,Clerk of t�s 4YtT of Ifaliepet;, 3loatms do hereby, asrlify oat this plat has en submitted z axnminetian end "M found by- them to oaufam to the fax, and bereby accepts the dedication to public use of anq and all leads sbawn on ibis plat as being dedleated to such uee ALrther, the dadioatfon of park lead dons net apply to this dtvhdou of Imd w it is for non—residential lots, pursuant to rogWramenta far d as laid out in 76-8—esd1C8 at lMCL . Approved by the rtiC y Couaon of the city of Kaurpa regular lueattng held on th ^of . SOQW,,,„ - City of , Monte= Clerk - City of KalispaD. Montana CER7MWE OF DANCrOR OF PMUC MOSM L Dfreetw of Public tforAa for the City of 1CeUspall, Mcntsna� do hereby oertffg that the uuprovmmenta for the accompanying Piet bare been Po"aPmjy destgne4 installed, or bonded far, and conforms to the requlrea+eatd of the Publk< parka Department of Ehe Clty of &alispalE Masten, as near as atrcamataaoea w111 parrait. Dated this day of ZOO - Director .1 Fubitc Mors City of KAuspez Manteca eMnV7CATE OF MY ATTORN" Pbfs plat has been esAmiaed by the office of the My Attu my aaoordfag to .%anon 76-3-612C2) AECA relying up and a —P rt boned anNa. tnfarme en submitl g s dove ogee or hie agent. Office of the Kalispell Cf17 Attorney My of Kalispell. Montana B. Date: ............._ 518' Reber & Cep / by 74615 ( Bishop ] N Lot 1 . 0.383 Ac.� 8 art � IgE Amcndad Flat at Eats 3 & 10 of JT lWter's Meridian 2OR46' CF) 188.10' flu) Z i:OO' (R) I & I/$- Rod Pest 18C,10' of Lot II with 'S' Fear Top ,Hollister'slMeridian T. racts i & 1J8' Rod xlth 'Sr' Gear Top ACREAGE TABLE LOT Acres 3 D.393 2 0.524 ROAD 0,266 TOTAL SiiB11. 1.183 1W.70' S10 at it$ Z! OS' Lott tl m14 ;C V1 •� 41 /� yet yR' ID ti I' $od I 1' Rod 5T7'OliV OH8` Y-- 2' Ahun. Cap br T661S All by Seca 4h9an Car. Rea