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
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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