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4. Resolution 4829 - Final Plat - Ashley Park Phase VITri-City Planning Office 17 Second Street East - Suite 211 Kalispell, Montana 59901 Phone: (406) 751-1850 Fax: (406) 751-1858 tricity(a-,ce nturytel. net www.tricityplanning-mt.com REPORT TO: Kalispell Mayor and City Council FROM: Tom Jentz, Director Chris A. Kukulski, City Manager SUBJECT Final Plat for Ashley Park Phase VI MEETING DATE: September 2, 2003 BACKGROUND: This is a request for final plat approval of Ashley Park Phase VI, a residential subdivision with 3 single family lots and 14 duplex townhouse lots on approximately 2.981 acres located on the west side of Airport Road at the west end of Teal Drive. Preliminary plat approval for this subdivision was granted by the Board of County Commissioners on May 10, 1994 as a seven phase development. Five phases have previously been developed and final platted. The entire site has also been previously annexed to the city. One of the terms of preliminary plat approval is that as each phase is final platted, the next phase is granted an automatic two-year extension of the preliminary plat approval. Phase V received final plat approval on August 18, 2003 thus this phase is well within the time frame for submittal. Approximately 61 percent of the improvements have been completed which includes the water, sewer and storm water drainage. It should be noted that a subdivision improvements agreement has been submitted with the final plat to address the completion of the remaining improvements. A letter of credit in the amount $74,800 which constitutes 125 percent of the remaining work has been submitted as collateral for the improvements to be completed. In addition, a cash -in -lieu of parkland check in the amount of $2,142.80 has also been submitted as part of this application. RECOMMENDATION: A motion to accept the subdivision improvements agreement and approve the final plat for Ashley Park Phase VI 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 City Manager Providing Community Planning Assistance To: • City of Columbia Falls • City of Kalispell • City of Whitefish • RESOLUTION NO.4829 A RESOLUTION APPROVING THE FINAL PLAT AND ACCEPTING THE SUBDIVISION IMPROVEMENT AGREEMENT OF ASHLEY PARK PHASE VI, FLATHEAD COUNTY, MONTANA. WHEREAS, Somers Land Company, the owner of certain real property described as Ashley Park Phase VI, located in Northwest 1/4 Southeast 1/4 of Section 19, Township 28 North, Range 21 West, Flathead County, Montana, has petitioned for approval of the final Subdivision Plat of said property, and WHEREAS, preliminary plat approval for this subdivision was given by the County Commissioners on May 10, 1994 in two year phases, subject to fourteen (14) conditions, and WHEREAS, a Subdivision Improvement Agreement has been written to address the approximately 39 percent of the improvements currently incomplete, and WHEREAS, the Tri-City Planning Office has reviewed the proposed subdivision and made a report by letter dated August 25, 2003 to the City Council of the City of Kalispell. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF KALISPELL, MONTANA AS FOLLOWS: SECTION I. That the application of Somers Land Company for final plat approval of Ashley Park Phase VI, Flathead County, Montana, is hereby approved and the Subdivision Improvement Agreement accepted. SECTION II. The classification of said premises under the Kalispell Zoning Ordinance shall not be changed by the action. SECTION III. That upon proper review and filing of the final plat of said subdivision in the office of the Flathead County Clerk and Recorder, said premises shall be a subdivision of the City of Kalispell. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF KALISPELL AND SIGNED BY THE MAYOR THIS 2ND DAY OF SEPTEMBER, 2003. Pamela B. Kennedy Mayor ATTEST: Theresa White City Clerk SUBDIVISION IMPROVEMENT AGREEMENT THIS AGREEMENT, made and entered into this day of , 2003, by and between CITY COUNCIL, CITY OF KALISPELL, MONTANA, Party of the First Part and hereinafter referred to as the CITY, and SOMERS LAND COMPANY, a corporation located at 1995 Third Avenue East, Kalispell, MT, Party of the Second Part and hereinafter referred to as DEVELOPER. WITNESSETH: THAT WHEREAS, the Developer is the owner and developer of a new subdivision known as Ashley Park, Phase V, located in Kalispell, Montana in the N 1/2, SE 1/4 of Section 19, Township 28N, Range 21W, Flathead County, Montana; and, WHEREAS, the City has conditioned it's approval of the final plat of Ashley Park, Phase VI, upon the conditions as set forth in the Preliminary Plat of the Subdivision being completed and all improvements, as cited in "Exhibit A", have not been completed at this time, and the Developer wishes to bond for the completion of those improvements set forth in "Exhibit A"; and, WHEREAS, the City's Subdivision Regulations require that a subdivider shall provide a financial security of 125% of the estimated total cost of construction of said improvements as evidenced by an estimate prepared by a licensed professional engineer included herewith as "Exhibit 13% and, WHEREAS, the estimated total cost of construction of said remaining improvements is the sum of $ 57,071.40. NOW THEREFORE, in consideration of the approval of the final plat of said Subdivision by the City, the Developer hereby agrees as follows: 1. The Developer shall deposit as collateral with the City a Letter of Credit, or other acceptable collateral as determined by the City Council, in the amount of $ 71,339.25 . 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 $ 71,339.25 , which represents 125% of the estimated cost of completing the required improvements in Ashley Park, Phase VI. b. That if the Developer fails to complete the specified improvements within the required period, the creditor will pay to the City immediately, and without further action, such funds as are necessary to finance the completion of those improvements up to the limit of credit stated in the Letter of Credit; 2. That said required improvements shall be fully completed by July 11, 2004. Page 1 3. That upon completion of the required improvements, the Developer shall cause to be filed with the City a statement certifying that: a. All required improvements are complete; b. That the improvements are in compliance with the minimum standards specified by the City for their construction and that the Developer warrants said improvements against any and all defects for a period of one (1) year from the date of acceptance of the completion of those improvements by the City; C. That the Developer knows of no defects in those improvements; d. That these improvements are free and clear of any encumbrances or liens; e. That a schedule of actual construction costs has been filed with the City; and, f. All applicable fees and surcharges have been paid. 4. The Developer shall cause to be filed with the City copies of final plans, profiles, grades and specifications of said improvements, with the certification, of the registered professional engineer responsible for their preparation, that all required improvements have been installed in conformance with said plans and specifications. IT IS ALSO AGREEDs 1 BETWEEN THE PARTIES HERETO AS FOLLOWS, TO WIT: That the Developer shall provide for inspection of all required improvements by a registered professional engineer before the Developer shall be released from the Subdivision Improvement Agreement. That if the City determines that any improvements are not constructed in compliance with the plans and specifications, it shall furnish the Developer with a list of specific deficiencies and may withhold collateral sufficient to insure such compliance. If the City determines that the Developer will not construct any or all of the improvements in accordance with the plans and specifications, or within the required time limit(s), it may withdraw the collateral and employ such funds as may be necessary to construct the improvement(s) in accordance with the plans and specifications. The unused portions of the collateral shall be returned to the Developer or the crediting institution, as is appropriate. That as improvements are completed, the Developer may apply to the City for a release of part of the collateral deposited with the City. The proportion of the collateral released may not exceed the proportion which the improvements completed represent of all originally required improvements; otherwise, said Letter of Credit may not be withdrawn until released by the City. That this agreement shall inure to the benefit of and be binding upon any successors in interest, heirs, or assignees. Page 2 IN WITNESS WHEREOF, the Parties to this agreement have hereunder set their hands and seals the day and year herein before written. ASHELY PARK, PHASE VI SOMERS LAND COMPANY, DEVELOPER By -- (Title) STATE OF MONTANA, COUNTY OF FLATHEAD 1Al V, On this day off_ 2003, before me, a Notary Public for the -- / qfLL State of Montana, personally appeare4 Ar%Lj,,� 4L I i& U ( -,/ known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notary Seal this day and year first above written. (Seal) 4 -27 NOT P111"BUIC-A MKANA -SEAL N rk; C C-M M Ex, yr Notary Public f the State of Montana Residing at '741-j,� PeILL My Commission ExpiresmQ, !a *Or)- 0 This agreement is hereby approved and accepted by the City of Kalispell this _day of , 2003. MAYOR, CITY OF KALISPELL M Mayor ATTEST: M Finance Director Page 3 EXHIBIT "B" CERTIFICATION OF WORK TO BE COMPLETED ASHLEY PARK, PHASE VI SUBDIVISION ROADS COMPLETED TO DATE August 31, 2003 Item No. Description Unit Measure Estimated Quantity Unit Price Total Price QUANTITY COMPLETED TOTAL COST COMPLETED 101 Unclassified Excavation C.Y. 1,300 $ 3.00 $ 3,900.00 1,300.00 $ 3,900.00 102 Stabilization Fabric S.Y. 2,889 $ 1.00 $ 2,889.00 2,889.00 $ 2,889.00 103 Select Sub -Base, W (-) Pit Run Gravel C.Y. 1,444 $ 9.00 $ 12,996.00 1,444.00 $ 12,996.00 104 ICrushed Base, 3/4" Crushed Gravel S.F. 26,000 $ 0.28 $ 7,280.00 6,500.00 $1,820.00 105 Hot Plant Mix Asphalt (4!'- Two Lifts) S.F. 23,400 $ 0.90 $ 21,060.00 - $0.00 106 Curb and Gutter L.F. 1,350 $ 7.50 $ 10,125.00 - $0.00 107 Sidewalk (5' Wide) w/ Prepared Base S.F. 6,500 $ 3.00 $ 19,500.00 - $0.00 SUBTOTAL ITEMS 101 - 107 $ 77,750.00 $ 21,605.00 WATER SYSTEM Item No. Description Unit Measure Estimated Quantity Unit Price Total Price QUANTITY COMPLETED TOTAL COST COMPLETED 201 Connect to Existing LS 1 $ 750.00 $ 750.00 1.00 $ 750.00 202 8" PVC Water Main L.F. 770 $ 21.00 $ 16,170.00 770 $ 16,170.00 203 8" Gate Valves and Boxes EACH 4 $ 850.00 $ 3,400.00 4 $ 3,400.00 204 6" PVC Water Main L.F. 30 $ 18.00 $ 540.00 30 $ 540.00 205 Fire Hydrant w/ Aux. Valves EACH 2 $ 2,350.00 $ 4,700.00 2 $ 4,700.00 206 Tees & Misc. Fittings EACH 4 $ 400.00 $ 1,600.00 4 $ 1,600.00 207 1" Water Services EACH 17 $ 650.00 $ 11,050.00 17 $ 11,050.00 SUBTOTAL ITEMS 201 - 205 1 1 $ 38,210.00 1 $ 38,210.00 SEWER SYSTEM Item No. Description Unit Measure Estimated Quantity Unit Price Total Price 301 8" PVC Sewer Main L.F. 500 $ 18.00 $ 9,000.00 302 4' Diameter Manhole w/ Ring & Cover EACH 1 $ 1,200.00 $ 1,200.00 303 4" Sewer Services EACH 17 $ 600.00 $ 10,200.00 SUBTOTAL ITEMS 301 - 303 $ 20,400.00 MISCELLANEOUS WORK QUANTITY TOTAL COST COMPLETED COMPLETED 500 $ 9,000.1 1 $ 1,200.1 17 S 10.200.1 $ 20,400.00 Item No. Description Unit Measure Estimated Quantity Unit Price Total Price QUANTITY COMPLETED TOTAL COST COMPLETED 501 Topsoil S.Y. 356 $ 1.90 $ 676.40 - $0.00 502 Street Signs EACH 3 $ 250.00 $ 750.00 3.00 $750.00 SUBTOTAL ITEMS 501 - 502 $ 1,426.40 $ 750.00 UTILITIES COMPLETED TO DATE August 31, 2003 Item No. Description Unit Measure Estimated Quantity Unit Price Total Price QUANTITY COMPLETED TOTAL COST COMPLETED 601 Utility Trench L.F. 910 $ 3.00 $ 2,730.00 910 $ 2,730.00 602 Furnish/Install 2" Conduit L.F. 1,820 $ 1.25 $ 2,275.00 1,820 $ 2,275.00 603 Furnish/Install 3" Conduit L.F. 910 $ 1.50 $ 1,365.00 910 $ 1,365.00 604 Sin le Phase Transformer Vault EACH 2 $ 585.00 $ 1,170.00 2 $ 1,170.00 3 Phase Transformer Vault EACH 1 $ 1,100.00 $ 1,100.00 1 $ 1,100.00 LO6 Gas Assist L.F. 1,000 $ 0.25 $ 250.00 1,000 $ 250.00 SUBTOTAL ITEMS 601 - 606 $ 8,890.00 $ 8,640.00 TOTAL PROJECT BUDGET 1 $ 146,676.40 ORIGINAL TOTAL ESTIMATED COST OF CONSTRUCTION $ 146,676.40 AMOUNT COMPLETED PRIOR TO BONDING $ 89,605.00 AMOUNT OF REMAINING WORK $ 57,071.40 AMOUNT OF BOND (125% OF REMAINING WORK) $ 71,339.25 AMOUNT OF WORK COMPLETED TO DATE $ 89,605.00 PERCENTAGE OF WORK COMPLETED TO DATE 61.09% AMOUNT OF WORK REMAINING $ 57,071.40 ORIGINAL BOND AMOUNT $ 71,339.25 AMOUNT OF BOND TO BE RETAINED (125% OF REMAINING WORK) $ 71,339.25 BOND AMOUNT TO BE RELEASED $ - AMOUNT PREVIOUSLY RELEASED $ - AMOUNT TO BE RELEASED AT THIS TIME $ - AS ENGINEER OF RECORD FOR ASHLEY PARK, PHASE VI, i CERTIFY THAT THE WORK LISTED HEREIN IS CORRECT. IN ADDITION, I CERTIFY THAT THE ASSOCIATED COSTS ARE REASONABLY ACCURATE ESTIMATES OF THE RESPECTIVE COSTS OF THE WORK. THE VALUE OF CONSTRUCTION AND OTHER WORK COMPLETED TO DATE IS ESTIMATED TO BE: $ 89,605.00 THE TOTAL VALUE OF THE REMAINING WORK, SERVICES AND FEES IS ESTIMATED TO BE: $ 57,071.40 SECURITY HELD AT 125% OF THE REMAINING COSTS SHOULD BE IN THE AMOUNT OF: $ 71,339.25 THEREFORE, IT IS IN ACCORDANCE WITH THE SUBDIVISION IMPROVEMENTS AGREEMENT TO REDUCE THE TOTAL AMOUNT OF THE SECURITY HELD BY: $0.00 $ 89,605.00 DENNIS F. CARVER, P.E. *ALL IMPROVEMENTS SHALL BE COMPLETED BY JULY 11, 2004 Tri-City Planning Office 17 Second Street East - Suite 211 Kalispell, Montana 59901 Phone: (406) 751-1850 Fax: (406) 751-1858 tricityra,centurytel. net wwwAricityplanning-mt. August 25, 2003 Chris Kukulski, City Manager City of Kalispell P.O. Drawer 1997 Kalispell, MT 59901 Re: Final Plat for Ashley Park Phase VI Dear Chris: This is a request for final plat approval of Ashley Park Phase VI, a residential subdivision with 3 single-family lots and 14 duplex townhouse lots for a total of 17 dwelling units on approximately 2.981 acres located on the west side of Airport Road on the west end of Teal Drive. Preliminary plat approval for this subdivision was granted by the Board of County Commissioners on May 10, 1994 as a seven -phase development. Five phases have previously been developed and final platted. The entire site has also been previously annexed to the city. One of the terms of preliminary plat approval is that as each phase is final platted, the next phase is granted an automatic two-year extension of the preliminary plat approval. Phase V received final plat approval on August 18, 2003 thus this phase is well within the time frame for submittal. Approximately 61 percent of the improvements have been completed which includes the water, sewer and storm water drainage. It should be noted that a subdivision improvements agreement has been submitted with the final plat to address the completion of the remaining improvements. A letter of credit in the amount $74,800 which constitutes 125 percent of the remaining work has been submitted as collateral for the improvements to be completed. In addition, a cash -in -lieu of parkland check in the amount of $2,142.80 has also been submitted as part of this application. Below is a list of the findings of compliance with each of the conditions of preliminary plat approval. LAL63 J, 0:4 "1 irlit �7_19 DIVA 1� # *,F avro0 " IQ Condition No. 1 That the subdivision obtains approval from the State Department of Health and Environmental Sciences. This condition has been met. The subdivision has been approved by the State Department of Environmental Quality under the Master Plan Exemption for areas served by municipal water and sewer. See letter dated July 14, 2003 (EQ#3-2840). Condition No. 2 All water lines, sanitary sewer, culverts, and storm sewer lines/swales shall be built according to plans and specifications approved by the City of Kalispell Public Works Department. All water, sewer main extensions, and storm sewer lines/swales on Providing Community Planning Assistance To: • City of Columbia Falls - City of Kalispell - City of Whitefish • Final Plat for Ashley Park Phase VI August 18, 2003 Page 2 of 4 private property shall be placed within suitable easements and approved by the City of Kalispell Public Works Department. • This condition has been adequately addressed. See the letters of approval from the Kalispell Public Works Department dated August 4, 2003. Some of these improvements are included as part of the subdivision improvements agreement. Condition No. 3 The construction of all streets, curb, gutter, sidewalks and street tree planting shall be done in compliance with City of Kalispell standards and approved by the City Public Works Department. • This condition has been adequately addressed. See the letters of approval from the Kalispell Public Works Department dated August 4, 2003. Some of these improvements are included as part of the subdivision improvements agreement. Condition No. 4 A 20-foot reserved strip for right-of-way be maintained along the westerly boundary in common with the railroad ROW for the future Alternate Highway 93 route. If the highway is constructed prior to final plat of Phases 6 and 7 any remainder not used for ROW may be included into the adjoining lots, so as to increase their depth. * This condition is not applicable to Phase VI of the subdivision. Condition No. 5 Prior to Final Plat of Phase 2, installation of the northerly access route through South Meadows is to be completed. • This condition has been met. The northerly access of Phase 2 to South Meadows was constructed prior to the filing of the final plat for Phase 2. Condition No. 6 All utilities shall be installed underground. • This condition has been adequately addressed. Part of the subdivision improvements agreement addresses the installation of utilities. Condition No. 7 The owner shall pay a cash -in -lieu of parkland payment equal to 1/9 of the undeveloped market value of that portion of the site proposed for final plat. • This condition has been addressed. A cash -in -lieu of parkland fee in the amount of $2,142.80 has been included with the final plat application based on a value of $10,000 per acre. Condition No. 8 Placement of fire hydrants shall be approved by the City of Kalispell Fire Department. • This condition has been met. The general layout plans for the location of the hydrants has been reviewed and approved by the Kalispell Fire Marshal, Jim Stewart. See letter dated August 13, 2003 confirming this. Final Plat for Ashley Park Phase VI August 18, 2003 Page 3 of 4 Condition No. 9 This preliminary plat approval is valid for a period of two years. The project is also approved in seven (7) phases. This two-year period is based on approval of Final Plat of Phase I within this two (2) years. Upon approval of each phase an additional two (2) years to receive final plat for the next phase is granted. A one (1) year extension may be granted for each individual phase. If any phase expires, the remaining unrecorded phases also expire. • This condition has been met. This preliminary plat phase has an expiration date of August 18, 2005 based on Phase V approval on August 18, 2003. Condition No. 10 The lots meet the City of Kalispell Zoning Regulations. • This condition has been met. All of the lots within the subdivision meet the minimum standards of 6,000 square feet in the R-4 zoning district. The duplex townhouse sublots also comply. Condition No. 11 Lot numbers, street addresses, and net acreage for each lot shall be included on the face of the final plat. • This condition has been met. Required notes have been placed on the face of the final plat. Condition No. 12 All streets shall be clearly signed in a manner conforming to City standards. • This condition has been addressed. The subdivision improvements agreement includes street signs. Condition No. 13 Prior to final plat of each phase, a petition to annex for that phase shall be presented to the City of Kalispell. (Amended 6/22/94 by the Board of County Commissioners.) • This condition has been met. A petition for annexation was filed with Phase V for phases V - VII. The City council approved the annexation for this area at the August 18, 2003 council meeting. Condition No. 14 Street tree planting shall be coordinated in partnership with the City of Kalispell Parks Department. • This condition has been addressed. The developer has stated in his letter of final application that he would coordinate in partnership with the City of Kalispell Parks Department regarding the street tree planting. COMPLIANCE WITH APPROVED PRELIMINARY PLAT The final plat is in substantial compliance with the preliminary plat which was submitted and approved. Final Plat for Ashley Park Phase VI August 18, 2003 Page 4 of 4 COMPLIANCE WITH THE SUBDIVISION REGULATIONS: This subdivision plat has been found to be in substantial compliance with the State and City Subdivision Regulations. COMPLIANCE WITH THE ZONING REGULATIONS This subdivision complies with the Kalispell Zoning Ordinance and the R-4 zoning designation which will be assigned upon annexation. RECOMMENDATION: All of the conditions of preliminary plat approval have been adequately addressed. The staff recommends that the Kalispell City Council approve the final plat for this subdivision. Please note that the subdivision improvements agreement should be accepted along with the final plat approval. Please schedule this matter for the September 2nd Council agenda if possible. You may call me at 751-1851 if I can be of assistance to you regarding this matter. Sincerely, Thomas R. Jentz, AICP Director TRJ/ sm Attachments: 1 opaque Mylar of final plat 1 reproducible Mylar of final plat 1 blueline of final plat Letter from Sand Surveying dated 8 / 13 / 03 Final plat application dated 8/ 14/03 Letter from MDEQ dated 8/ 14/03 Letter from Kalispell Public Works dated 8/4/03 Letter from Flathead City -County Environmental Health Services dated 7/28/03 Letter from Fire Marshal 8/ 13/03 Title report - Chicago Title Insurance Co. # 7208926-1168 dated 8/11/03 Consent to plat dated 8 / 13 / 03 Subdivision Improvements Agreement 8/ 14/03 Malley Bank letter of credit dated 8/25/03 Treasurer's certification dated 8/13/03 Check for cash in lieu of parkland $2,142.80 c: Somers Land Co., 1995 Third Ave. East, Kalispell MT 59901 Sands Surveying, 2 Village Loop, Kalispell MT 59901 Theresa White, Kalispell City Clerk 1 ill 11110 T I IRMUTO Tri-City Planning Office Tom Jentz, Director 17 Second Street East, Suite 211 Kalispell, MT 59901 2 Village Loop 'Kalispell, MT 59901 406-755-6481 RECEIVED TRT-C �11' F; 2003 Attached please find the materials necessary to file the final plat for Ashley Park Phase 6 Subdivision. I have listed the Conditions of Approval, and then subsequently addressed how each Condition was met. Ashley Park Phase 6 was granted Preliminary Plat approval on May 10, 1994 and the approval schedule is addressed below in Condition #9. 1. That the subdivision obtain approval from the Montana Department of Health and Environmental Sciences (MDEQ). 2. That all water lines, sanitary sewer, culverts, and storm sewer lines/swales shall be built according to plans and specifications approved by the City of Kalispell Public Works Department. All water, sewer main extensions and storm sewer lines/swales on private property shall be placed within suitable easements and approved by the City of Kalispell Public Works Department. ,07f=ne5-(9T- irFCMWCii7Zr6LUispMT'o•u—fffiCUUF Mirepartment approving all ot the above. 3. The construction of all streets, curbs, gutters and sidewalks shall be done in complianc.- with City of Kalispell standards and approved by the City of Kalispell Public Works Department. Attached is a letter from the City of Kalispell Public Works Department approving all of 'the above. 5. Prior to final plat of Phase 2, installation of the northerly access route through South Meadows is to be completed. MAW It 7T_ MT, Please refer to the attached Subdivision Improvements Agreement from Carver Engineering. 7. The owner shall pay a cash -in -lieu of park land payment equal to 1 /9th of the undeveloped market value of that portion of the site proposed for final plat. Placement of fire hydrants shall be approved by the City of Kalispell Fire Department. Documentation from the chief of the City of Kalispell Fire Department, which indicates that the proposed fire suppression facilities are adequate, shall be submitted with the application for final plat approval. Attached is a letter from the City of Kalispell Fire Department indicating that fire suppression faces are adequate. 9. This preliminary plat approval is valid for a period of two years. The project is also approved in seven phases. This two-year period is based on approval of final plat of phase 1 within this two years. Upon approval of each phase, an additional two years to receive final plat for the next phase is granted. A one year extension may be granted for each individual phase. If any phase expires, the remaining unrecorded phases also expire. # ;MA-1011119: 111ZIA"bW F z AN'01,15114TO a I -logo fir- *10111MV] Mr-WIRUSIMI M10 13M OUT 11. Lot numbers, street addresses, and net acreage for each lot shall be included on the face of the final plat. rm�l 14. Street tree planting shall be coordinated in partnership Vvith the City of Kalispell Par"', Department. I M Are , WrT1061M LV elet tree planting portion of the project. Thank you for your kind consideration of this application. If you should have any further questions or concerns, please do not hesitate to call. Sincerely, ca Wirtala Tri-City Planning Office 17 Second St East, Suite 211 Kalispell, MT 59901 Phone: (406) 751-1850 Fax: (406) 751-1858 Project Name:-ASHLEY PARK PHASE VI Name: TOM SANDS, SANDS SURVEYING, INC. Address: 2 VILLAGE LOOP KALISPELL, MT 59901 Phone No.: 755-6481 troval: No. of Lots Proposed 17 Parkland (acres) Imm M= Subdivisions with Waiver of Preliminary Plat Subdivision Improvements Agreement Not Attached Applicable (tl ..,T CHECK ONE) SOMERS LAND COMPANY 1995 3RD Ave East KALISPELL, MT 599 -0 1- ATTENTION: DENNIS CARVER Commercial PUD $-1142.80 RECEIVED TIM- M P11"t"'5'r r17 $300 + $30/lot $500 + $30/lot $500 + $30/lot $ 50 _XX_ Health Department Certification (Original) -2m- Title Report (Original, not more than 90 days old) -2m- Tax Certification (Property taxes must be paid)l) Consent(s) to Plat (Originals and notarized) _XX_ Subdivision Improvements Agreement (Attach collateral) Parkland Cash -in -Lieu (Check attached) -ME- Maintenance Agreement late® lopaque OR 2 Mylars 1 Mylar copy 1 signed blue line 4 bluelines 4 blue lines, unsigned The plat must be signed by all owners of record, the surveyor and the examining 1and surveyor. Attach a letter, which lists each condition of preliminary plat approval, and individually state how each condition has specifically been met. In cases where docurrientation is required, such as an engineer's certification, State Department of Health Certification, -tc., original letters shall be submitted. Blanket statements stating, for example, "all improvements are in place" are not acceptable. A complete final plat application must be submitted no less than 60 days prior to expiration of date of the preliminary plat. When all application materials are submitted to the Tri-City Planning Office, and the staff finds the application is complete, the staff will submit a report to the governing body. The governing body must act within 30 days of receipt of the revised preliminary plat application and staff report. Incomplete submittals will not be accepted and will not be forwarded to the governing body for approval. Changes to the approved preliminary plat may necessitate reconsideration ky the Planning Board. I certify that all information is true, accurate and complete. I understand that incomplete information Rill 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-Cily Planning staff to be present on the property for routine monitoring and inspection during the approval and development process. "NOTE Please be advised that the County Clerk and Recorder requests that all subdivision linal plat applications be accompanied with a digital copy. Owner(s) Signature **A digital copy of the final plat in a Drawing Interchange File (DXF) format or an AutoCAD file format, consisting of the following lavers: I. Exterior boundary of subdivision 2. Lot or park boundaries 3. Eastinent 4. Roads or rights -Of -way 5. A tie to either an existing subdivision comer or a comer of the public land survey sytem As approved by the TCPB on 12/19/01 Effective I/l/02 NEW— F- 400"r Montana Department of ETnommwALQum= Judy martz, Governor P.O. Box 200901 ® Helena, NIT 59620-0901 - (406) 444-2544 ® www.deq.state.mt.us July 14, 2003 Carver Engineering Inc Rod Schenck 1995 Third Ave East Kalispell MT 59901 Dear Mr Schenck: RE: Ashley Park Phase VI Municipal Facilities Exclusion EQ#03-2840 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 {76-4-111 (3), MCA}. Construction of water or sewer extensions prior to approval is prohibited, and is subject to penalty as prescribed in Title 75, Chapter 6 and Title 76, Chapter 4. This file has been mailed to the Water Protection Bureau, Kalispell Office for their review. Sincerely, Janet Skaarland Compliance Specialist Subdivision Section Water Protection Bureau (406) 444-1801 — email jskaarland@state.mt.us cc: City Engineer County Sanitarian file Centralized Services Division - Enforcement Division ® Permitting& Compliance Division ® Planning, Prevention& Assistance Division - Remediation Division City of Kalispell Public Works Department - Post Office Box 1997, Kalispell, Montana 59903-1997 - Telephone (406)758-7720, Fax (406)758 -7831 OrSIM19C9 ms Is z MO, FFTITT-11 IFVW", Mir; MR07 M [ =0 # M; = �f 0 FFF71 I a L molm The construction plans (as revised August 4, 2003) and supporting documents for the referenced project are hereby approved. Department. 7N- Frank Castles, P.E. UW71RL., ;021 �. -11 Environmental Health Services 723 5th Avenue East Kalispell, MT 59901 (406) 758-5760 Fax: 758-5859 Monday, July 28, 2003 Rod Schenck Carver Engineering, Inc. 1995 Third Ave. E. Kalispell, MT 59901 Re: Ashley Park Phase VI, Wat. & Sew. Exts., Proj. # FH-03-11 Dear Rod: Administration 758-5828 FAX 758-5858 Community Health Services 758-5741 FAX 758-5856 Reproductive Health Services 758-5756 FAX 758-5926 Home Health Services 862-9030 FAX 862-9025 WIC Services 758-5752 The ,ngineering report,plans with specification notes, certified checklists and required c?o:;uments for the above referenced project have been reviewed by this office and are satisfactory. Approval to proceed with the project is hereby given. One set of the approved plans is enclosed. This project includes installation of water and sewer main extensions as shown on plans prepared by Carver Engineering and received by this office on 7/16/03. The plans were submitted under the seal and stamp of Dennis F. Carver, P.E. #3577. Approval is given with the understanding that any deviation from the approved plans and specifications will be submitted to the department for review and approval. Prior to commencing use of arty portion of a new public system, the owner or his engineer, shall certify by letter to the Deparrment that the portion of the system to be put into use was built in accordance with appr., ved plans and specifications. As -built drawings for the portion of the system put into use must be provided to the Department within 90 days after the date of initial use. Within 90 days aftE;r the entire project has been completed, the project engineer shall certify to the Department that 1'.ie 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 r;,cord as built drawings of the entire project, signed by the project engineer. It is the mission of the Flathead City -County Health Department to assure the conditions in which people can be healthy through collaboration, promoting stewardship of our resources, and providing preventive health services to our community. It is further understood that construction will be completed within three years following the date of approval. If more than three years elapse before completing construction, plans and specifications must be resubmitted and approved before construction begins or resumes. This three year expiration period does not extend any compliance schedule requirements associated with a Department enforcement action against a public water or sewage system. Please contact this office if you have any questions. copies to: Water Quality Division - Kalispell City of Kalispell, Dept. of Public Works Kalispell Fire/Ambulance Dept. 312 Vt Ave East - P.O. C• 1997 Telepohe 406-758-7763 Kalispell, MT 59903 -1997 4x 406-758-7952 August 13, 2003 Carver Engineering, Inc. Attn: Rod Skenk 1995 Third Avenue East Kalispell, MT 59901 Re: Ashley Park, Phase VI Subdivision Review (Fire Hydrants) Dear Rod, We have reviewed the design information that was submitted on the above referenced project. The fire hydrant locations are acceptable to this department. Feel free to contact me if you have any questions. Sincerely, Jim Stewart Assistant Chief/Fire Marshal Kalispell Fire Department "Assisting The Community In Reducing And Preventing Emergencies' Pursuant to Section 76-3-612, MCA, 1979, the undersigned, Joyce L. Radabah, hereby consents to the Platting of a tract of land to be known and named as the "Ashley Park, Phase 6" hereof attached. IN WITNESS WHEREOF, said party has caused their name to be subscribed hereto or this 1;3+�l day of 4's T- 20 03 STATE OF MONTANA SS COUNTY OF FLATHEAD ) On this 13 h\ day of 2�4 200 3 , before me a Notary Public for the State of Montana, personally appeared whose name is subscribed to the foregoing instrument and acknowledged to me that they executed the same. Notary Public for the State of Montana Dee Brechel Residing at- Kalispell My Commission Expires- May 18, 201 NOIARYPUM 0 n 9 a !, K ftr X 916�11.1 S Flathead County, Montana 800 S. Main St. Kalispell, MT 59901 (406)758-5510 This Form is for Subdivisions & Condominiums Only BY: FOR: 5o L ff6 - DESCP- ASSESSOR # 1999 THRU IP22 - & TO DATE PURPOSE I hereby certify that there are no outstanding taxes on the property assigned the assessor numbers listed above, for the years indicated for each assessor number. Am 2003 Deputy Treasurer (seal) STATE OF MONTANA PRI County of Flathead County On this _ day Of !A 6" o before me, the undersigned, a Notary Public for the State of Montana, personally -appeared —F known to me to be the person whose name is subscribed to the -foregoing instrument and acknowledged to me that he/she executed the same. IN WITN REOF, I have hereunto set my hand and a axed my Notary Seal the day and year in a pie fzWUbU%**ftVn AL NPublic, j tate of Montana Mv C=mEnh-,544 Residing at KA-U�a-Li- My Commission expires: rm� 1 6) 0. STATE Of MONTANA ) RR County of Flathead County On this day of , _, before me, the undersigned, a Notary Public for the State of Montana, personally appeared known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he/she executed the same. IN WTTNESS WHEREOF, I have hereunto set my hand and affixed my Notary Seal the day and year in this certificate first above written. STATE OF MONTANA ) ss County of Flathead Notary Public, State of Montana Residing at My Commission expires: On this _.day of " -'- _' before me, the undersigned, a Notary Public for The State of Montana, personally appeared and the and respectively, __ the the corporation that executed the i=egoi;; histrzirrtant, and die Pei -sorts who executed said mistrruneirt on behalf of said cotpovaticyn, and acAmvwledptd to int Aiat suds corporation executed the same, IN IVIVITNESS WHEREOF, I have hereunto set my hand and affixed my Notary Seal the day and year in this certificate first above written. Notary Public, State of Montana Residing at My Commission expires Tii-City Planning Office 17 Stmond St Fast, Suite 211 Kidispelf, MIT 5MI Phowwt (406) 751-1950 Fax: (406) 751-IS59 PETITION FOR ANNEXATION AND INITIAL ZONING CITY OF KALISPELL NAME OF APPLICANT.- SOMERS LAND COMPANY MAIL ADDRESS: 1995 3RD Ave East CITYISTATEIZIP-. KALISPELL, MT 54401 PHONE: 257-14642 INTEREST rN PROPERTYi DEVELOPER Other Parties of Interest to be Notified: PARTIES OF INTEREST: SANDS SURVEYING, INC MAIL ADDRESS: 2 VILLAGE LOOP CITY/STATE/ZIP: KALISPELL, MT 59901 PHONE: 755-6480 INTEREST IN, PROPERTY-. TF.C.%VNICAL SITPVORT PLEASE COMPLETE THE, FOLLOWING: Address of the property: NOT ADDRESSED AS OF YET Legal Description: (Lot and Block of Subdivision; Tract (Section, Township, Range) (Attach metes and bounds as Exhibit A) The present zoning of the above property is: COUNTY R-4 The proposed zoning of the above property is: KALISPELL R-4 State the changed or changing conditions that make the proposed am,,,ndn=t necessary: THE PROPERTY IS ADJACENT TO XALISFELL CITY LIMTS-THE 1�=ZLQPMR. WOULD LIKZ_T0 UTILIZE CITY WATER AND SEWER FOR HIGHER DENSITY * * * * * * * * * * * * * 4 * * * * * * * * * * * * * ;r * * * * * * * * * * * * * * * * The signing of this application signifies that the foregoing information is true and accurate based upon the best information available and further grants approval tier Tri-City Planning staffto be present on the property for routine inspection during the annexation process. PETITION' TO ANNEX AND NOME OF MTFMRAWAL FROM RURAL FIRE DISTRICT The undersigned hereinafter referred to as Petitioner(s) respectfully petition the City Council of the City of Kalispell for annexation of the real property described below into the City of Kalispell. The Petitioner(s) requesting City of ]Kalispell annexation of the property described herein and further described in Exhibit A hereby mutually agree with the City of Kalispell that immefttely upon aimexation of the land all City of Kalispell municipal services will be provided to the property described herein on substantially the same basis and in the same manner as suen services are provided or made available to other properties wittin the rest of the municipality, Petltloner(i' ) 'hereby state that there is no need to prepare a Municipal A=exatiun Servicr, Plan for this annexation pursuant to Section 7-2-4610, M,C,A, since the parties are in ahgeernent as to the provision of wvunicipal services to the property requested to be 2=exed. The Petitioner(s) further herein express an intent to have the property as herein described withdrawn from the §titins Rural Fire District under the provisions of Section 7-33-2127, Montana Code Annotated and that incorporated into this Petition to Annex is the Notice requirement pursuant to said Section; and that upon proper adoption of an ordinance or resolution of annexation by the City Council of the City of Y-..alispell, the property shall be decracwd from said district - In the event the property is not immediately annexed, the Petitioner(s) further agree(s) that: this covenant shall run to, with, and be binding upon the title of the said real property, and shall be binding upon our heirs, assigns, successors in interest, purchasers, and any and all subsequent holders or owners ofthe above described property, This City hereby agrees to allow Petitioner(s) to connect and receive the utilities from the City of Kalispell, Petitioner/Owner Petitioner/Owner Please return this petition to: Tri-City Planning Office 17 2A4 St East, Suite 2 11 Kahspell'MT 59901 NOTE: Attach Exhibit A PRELIMINARY SUBDIVISION CERTIFICATE OF TITLE To the County of Policy• 1 : • • 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 11 th day of August , 2003 , at 5 o'clock P.M., the title to the described real estate was indefeasibly vested in fee simple of record in: SOMERS LAND COMPANY A Montana Corporation subject only to the objections, liens charges, encumbrances and other matters shown under Schedule B hereof. The maximum liability of the undersigned under this certificate is limited to the sum of $10 , 000,00 This certificate of title is made in consideration of the payment of the premium by the subdivider of the land and for the use of the County and City above named. Issued Street,STERLING TITLE 211 South Main �* 3 Kalispell, 4 6 752-7000 s 6 752-7207 ritle) i 6El E-rnaij: info _. CHICAGO TITLE INSURANCE COMPANY Presienl ATTEST ri�, I �- A 58ueEm3' Reorder Form No. 9113 (Reprinted 12/00) Preliminary Subdivision Certificate of Title For Use In Montana SCHEDULE A Page 2 Certificate No.: 7208926-1168 Our File No.: CG-36962 Being the legal description of the real estate covered by this certificate. The following -described parcels of real estate: A tract of land, situated, lying, and being in the Northwest Quarter of the Southeast Quarter (NW'/4SE'/4) of Section 19, Township 28 North, Range 21 West, P.M.,M., Flathead County, Montana, and more particularly described as follows: Commencing at the Northeast corner of the NW'/4SEi/4 of Section 19, Township 28 North, Range 21 West, P.M.,M., Flathead County, Montana; thence along the North boundary of said NW'/4SEI/4 South 88'39' 10" West, a distance of 645.44 feet to a point on the West boundary of the Plat of Ashley Park, Phase III (records of Flathead County, Montana) and the True Point of Beginning of the tract of land herein described; thence along said West boundary South 01 °21'29" East, a distance of 107.05 feet to a point; thence South 38013'33" West, a distance of 85.62 feet to a point; thence South 01 °21'29" East, a distance of 83.50 feet to a point; thence leaving said boundary South 88'39' 10" West, a distance of 453.32 feet to a point on the Westerly R/W of a 66 foot road known as Merganser Drive; thence along said R/W North 01020'50" West, a distance of 83.50 feet to a point on the Southerly R/W of a 66 foot road known as Teal Drive; thence along said Southerly R/W South 88°39' 10" West, a distance of 34.17 feet to a point; thence leaving said R/W North 01 °20'50" West, a distance of 173.05 feet to a point on the North boundary of said NW'/4SE'/4; thence along said North boundary North 88°39' 10" East, a distance of 542.00 feet to the Point of Beginning. TO BE KNOWN AS: Ashley Park, Phase VI Page 3 Certificate No.: 7208926-1168 Our File No.: CG-36962 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. 3. Mineral rights, claims or title to minerals in or under said land, including but not limited to metals, oil, gas, coal, or other hydrocarbons, sand, gravel or stone, and easement or other rights relating thereto, whether express or implied, recorded or unrecorded. 4. Mortgage dated April 30, 1994, to secure payment of $250,000.00, together with interest and any other obligations secured thereby, recorded May 3, 1994 as Document #9412314020, records of Flathead County, Montana. Mortgagor: Dennis F. Carver and Gaylon F. Owens Mortgagee: Joyce L. Radabah 5. Resolution No. 678G regarding a proposed change in zoning, filed July 22, 1994 as Document #9420309030, records of Flathead County, Montana. 6. Resolution No. 678E regarding a proposed change in zoning, filed July 22, 1994 as Document #9420309040, records of Flathead County, Montana. 7. Easement for gas pipeline and related purposes granted Montana Power Company, recorded November 2, 1999, as Document #199930614190, records of Flathead County, Montana. Utility easement certificate as shown on the unrecorded plat of Ashley Park, Phase VI. 9. The 66 foot roadways known as Merganser Drive, Eider Drive and Teal Drive as shown hereon are to be dedicated to the City of Kalispell forever, as shown on the unrecorded plat of Ashley Park, Phase VI. 10. Ten foot gas utility easements as shown on the unrecorded plat of Ashley Park, Phase VI. 11. No search has been made for water rights and unpatented mining claims, and liability thereon is excluded from coverage of this Certificate. 4 + :. THIS S �T"CR 1S F0RP IS�HED"}FOR 2" s # tIT, jrnnn __ . v U jLy- T U HsJi 1 I 4+ 7, j# 7 r1 �. I �i tv 47 CA 3� � ��li REFER f7 AC SAND F` L1 r,71TLE SERVICESASSU } 48+ IASILITY FOR ANWSS OCCURR NI G . R ASOI4,OF RELIAA'NCE i.HEREON. $ } 1` �`. 2D x i > 4. 1 APPLICATION PROCESS APPLICABLE TO ALL ANNEXATION AND INITIAL ZONING APPLICATIONS Pre -Application Meeting: A discussion with t1w planning director or designated member of staff must precede filing of this application. Among topics to be discussed are. compliance with the ina. ster plan, compatibility of proposed zoning with surToun4inp, zoning classifications; and the application procedure. Completed application form, 3. Completed Petition to Annex form including an Exhibit A, legal description of the property. 4. Annexation and Initial Zoning Fee made payable to the Tri-City Planning Office. 3. Fee Schedule None A bona fide legal description of the property from a recent survey, title report or deed 1,7.,hich accurately describes the property to be annexed. Ii'TRDOTORMSIAPPFORA4S\KANNX.DOC K TO: The City of Kalispell ATTN: Pam Kennedy, Mayor FROM: Valley Bank of Kalispell 41 Third Street West PO Box 48 Kalispell, MT 59903-0048 RE: Irrevocable Standby Letter -of -Credit No. 1239 AMOUNT::W00 EFFECTIVE DATE: August 25, 2003 EXPRIATION. August 25, 2004 Dear Mayor Kennedy: We hereby establish a standby Irrevocable Letter of Credit in your favor for the sum not exceeding a total of $74,800.00 for the account of Dennis Carver, Somers Land Company, Inc. and Ashley Park, Phase VI Subdivision. The required improvements for which this letter applies are enumerated as exhibit "A", attached. Drawn on the `Letter of Credit shall be made by the City of Kalispell upon its written statement signed by a City Commissioner and in the following form: RE: Valley Bank of Kalispell Irrevocable Standby Letter of Credit No. 1239 Dated August 25, 2003 The City of Kalispell hereby drawn under said Letter of Credit No. 1239 in the amount of $74,800.00 Said amount is being drawn to pay for the cost of stated specific improvements which were to be completed as set for in the attached Development agreement dated August 25, 2003` and signed by Pam Kennedy; Mayor. The City as given written notice to Dennis Carver, Somers Land Company, Inc. of its failure to particular improvements no so completed, a g copy of which written notice is attached. Such draft and supporting documents shall be presented at Valley Bank of Kalispell, 41 Third Street West, P.O. Box 48, Kalispell, Montana 59903-0048. P.O. Box 48 - KAL (SPELL, 406-752-71 23 m FAX 406-752-7320 MEMBER FDIC MT 59903-0048 WWW.VALL.EYBAN K.MT.COM' This Letter of Credit shall terminate and expire either (a) upon the delivery to the bank of the written certificate by the City of Kalispell stating that Dennis Carver, Somers Land Company, Inc. has satisfactorily completed the improvements for said Phase VI Subdivision, as referred to, or (b) August 25, 2004, whichever date is the sooner. The amount of this Letter of Credit may be reduced, from time to time, as improvements as listed on exhibit "A" are completed and verifies by a Certificate of Cowpietion by the Public Works Department of the City of Kalispell. u This Letter of Credit is subject to the Montana Uniform Commercial Code and the Uniform Custom and Practice for the Documentary Credits (1983 Revision) International Chamber of Commerce` Document No. 400. - Valley Bank of Kalispell R f j Allan Aronson, Senior Vice President ATTEST: Lisa Hutcheson RE: Dennis Carver, Somers Land Company, Inc. Phase Six Subdivision Letter of Credit No. 1239 APPROVAL The foregoing Letter of Credit is hereby approved and accepted. Dated this day of August 2003. CITY OF KALISPELL BY: g Pam Kennedy, Mayor In w ma 1unoo 1V/no374 z 4 a a v W