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1. Final Plat - Stratford Village Subdivison Phase 1REPORT TO: FROM: SUBJECT MEETING DATE: Tri-City Planning Office 17 Second Street East -Suite 211 Kalispell, Montana 59901 Phone: (406) 751-1850 Fax: (406) 751-1858 tricity@centurytel.net Kalispell Mayor and City Council Narda A. Wilson, Senior Planner Chris A. Kukulski, City Manager Final Plat for Stratford Village Subdivision Phase I January 22, 2002 BACKGROUND: This is a request for final plat approval of Stratford Village Subdivision Phase I which plats 16 lots on approximately 8.145 acres. The entire subdivision contains 102 residential lots on approximately 30.66 acres in southwest Kalispell. The property was annexed into the city limits and the subdivision given preliminary plat approval by the Kalispell City Council on October 2, 2000. The zoning on the property is R-4, a Two Family Residential zoning district that has a minimum lot width of 50 feet and a minimum lot size requirement of 6,000 square feet. The district allows duplexes and single-family homes as permitted uses. The property lies west of South Meadows and Ashley Park subdivisions, south of Lone Pine View Estates subdivision and east of the Burlington Northern Railroad right-of-way. This phase includes the extension of Bluestone Street from South Meadows to the east and the extension of Denver Avenue from Lone Pine View Estates to the north into the subdivision creating a connected road system in the are that previously did not exists. As required by the conditions of approval, at least two-thirds of the infrastructure for the subdivision in this phase has been completed and constructed to City standards which includes curb, gutter, sidewalks, street trees and underground utilities; and certified by a licensed professional engineer. A subdivision improvements agreement has been submitted for the remaining improvements along with a letter of credit in the amount of 125 percent of the costs of the remaining improvements. A proportionate share of the cash -in -lieu of parkland is being paid with this first phase in the amount of $3,600. based on the area in lots. The preliminary plat for this subdivision was approved by the Kalispell City Council on October 2, 2000, subject to 17 conditions of approval. All of the conditions of approval have been met or otherwise adequately addressed through the subdivision improvements agreement. RECOMMENDATION: A motion to approve the final plat for the Stratford Village Phase I and to accept the subdivision improvements agreement would be in order. FISCAL EFFECTS: Minor positive impacts once developed. Providing Community Planning Assistance To: • City of Kalispell • City of Columbia Falls • City of Whitefish Final Plat for Stratford Subdivision Phase I January 16, 2002 Page 2 of 2 ALTERNATIVES: As suggested by the city council. Respectfully submitted, ` Narda A. W lson Chris A. Kuku/ski Senior Planner City Manager Report compiled: January 16, 2002 Attachments: Letter of transmittal Final plat application and supporting documents Tri-City Planning Office 17 Second Street East - Suite 211 Kalispell, Montana 59901 January 16, 2002 Phone: (406) 751-1850 Fax: (406) 751-1858 tricity@centurytel.net Chris Kukulski, City Manager City of Kalispell P.O. Drawer 1997 Kalispell, MT 59901 Re: Final Plat for Stratford Village Subdivision Phase I Dear Chris: Our office has received an application from Jackola Engineering for final plat approval of Stratford Village Subdivision Phase I which will plat 16 lots on approximately 8.145 acres from the 102 lot residential subdivision. This phase of the subdivision lies near the northern portion of the site and extends Bluestone Street and Denver Avenue into the subdivision creating a roadway connection between the South Meadows area and Sunnyside Drive. A proportionate share of the required cash in lieu of parkland dedication was submitted with the final plat application in the amount of $3,600. In accordance with the conditions of approval, approximately two-thirds of the required infrastructure has been completed and a subdivision improvements agreement has been submitted with a letter of credit in the amount of 125 percent of the cost of the remaining improvements with the final plat application. The property was annexed into the city and the subdivision given preliminary plat approval by the Kalispell City Council on October 2, 2000 subject to 17 conditions. The following is a list of the conditions of preliminary plat approval for this subdivision and a discussion of how they have been met or otherwise addressed. COMPLIANCE WITH CONDITIONS OF APPROVAL Condition No. 1. Development of the subdivision shall be platted in substantial compliance with the approved preliminary plat which governs the location of lots and roadways within the subdivision. Phasing of the subdivision is anticipated. This condition has been met. Phase I of the subdivision is in substantial compliance with the preliminary lot layout and roadway design. Condition No. 2. That the roadways serving the subdivision shall be constructed in accordance with the adopted Design and Construction Standards for the City of Kalispell for local roads and include the pavement, curbs, gutters, storm drainage, sidewalks and a minimum five foot landscape boulevard with street trees placed in accordance with a plan approved by the Parks and Recreation Director. A letter from Providing Community Planning Assistance To: • City of Kalispell • City of Columbia Falls • City of Whitefish Final Plat for Stratford Village Subdivision Phase It January 16,2002 Page 3 Condition No. 7. The roads within the subdivision shall be named and signed in accordance with the policies of the Kalispell Public Works Department and the Uniform Traffic Control Devices Manual. • This condition has been adequately addressed. The signs for the subdivision have been included in the subdivision improvements agreement. Condition No. S. The developer shall provide a plan for mail service approved by the U.S. Postal Service. • This condition has been met. A letter from the post office has been submitted approving a centralized box location and turnaround area on Denver Avenue. Condition No. 9. Street lighting shall be located within the subdivision and shall be shielded so that it does not intrude unnecessarily onto adjoining properties. • This condition has been adequately addressed. Light poles have been installed and the remaining work on the lighting is part of the subdivision improvements agreement. Condition No. 10. That the parkland dedication requirements be met with the payment of cash in lieu of parkland of 11 percent of the unimproved value of the area devoted to lots or $24,823. The cash in lieu of parkland can be paid in conjunction with the phasing of the development based on the area in lots. • This condition has been met. A cash in -lieu of parkland payment has been made for this phase of the subdivision in the amount of $3,600. based on the proportional area in lots. Condition No. 11. All utilities shall be installed underground. • This condition has been met. All of the utilities have been installed underground and have been certified by the engineer for this project. Condition No. 12. That the fire access and suppression system comply with the Uniform Fire Code and a letter from the Kalispell Fire Department approving the access and number and placement of fire hydrants within the subdivision shall be submitted with the final plat. The fire access and suppression system shall be installed and approved by the Fire Department prior to final plat approval. • This condition has been met. All of the water lines and hydrants have been installed and tested and the roadway has been brought to a point that can provide adequate fire access in the case of a fire. A letter from the Kalispell Fire Department has been received datedl/17/02 approving the fire access and suppression system for this phase of the subdivision. r Final Plat for Stratford Village Subdivision Phase It January 16, 2002 Page 4 Condition No. 13. That a minimum of two-thirds of the necessary infrastructure for this subdivision shall be completed prior to final plat approval. This condition has been met. More than two-thirds of the necessary infrastructure for this phase of the subdivision has been completed and certified by the engineer for the project. The remaining improvements have been guaranteed with a subdivision improvements agreement and a letter of credit in the amount of 125 percent of the remaining 20 percent of the improvements. Condition No. 14. That a homeowners association be established for the maintenance of the common area based upon a pro-rata share of costs. This condition has been met. A declaration of covenants and an agreement have been submitted with the final plat application and will be filed at the clerk and recorders office with the final plat. Condition No. 15. That a building envelope be delineated on the final plat indicating the required setbacks on the corner lots in the subdivision. • This condition has been met. The setbacks have been indicated on the final plat for the corner lots. Condition No. 16. All areas disturbed during development of the subdivision shall be re -vegetated with a weed -free mix immediately after development. This condition has been adequately addressed. The revegetation of disturbed areas has been included in the subdivision improvements agreement and will be completed in the spring after the improvements have been completed. Condition No. 17. That preliminary approval shall be valid for a period of three years from the date of approval. As each phase of the plat is filed, the preliminary plat approval shall be extended an additional three years from the date of filing. This condition has been met. The final plat for this subdivision has been submitted prior to expiration and will extend the preliminary plat approval for another three years from the date of the approval of Phase I. COMPLIANCE WITH APPROVED PRELIMINARY PLAT The final plat is in substantial compliance with the preliminary plat which was reviewed and approved by the city council on October 2, 2000. COMPLIANCE WITH THE SUBDIVISION REGULATIONS: This subdivision plat has been found to be in compliance with the State and City Subdivision Regulations. Final Plat for Stratford Village Subdivision Phase Ir January 16, 2002 Page 5 COMPLIANCE WITH THE ZONING REGULATIONS This subdivision can be found to be in compliance with the Kalispell Zoning Ordinance and the R-4, Two Family Residential, zoning designation for the property which governs the dimensional requirements of the lots within the subdivision and well as the uses. RECOMMENDATION: All of the conditions of preliminary plat approval have been met or otherwise adequately addressed The staff would recommend that the Kalispell City Council approve the final plat for the first phase of the subdivision and accept the subdivision improvements agreement as submitted. Please schedule this matter for the regular city council meeting of January 22, 2002. Sincerely, Narda A. Wilson Senior Planner NW/ Attachments: 1 opaque mylars of fmal plat 1 reproducible mylar of final plat 1 copy of final plat Ltr from Jackola Engineering dated 12/4/01 Final plat application dated 12/3/02 Ltr from MDEQ dated 5/29/01 Ltr from Env Health Svcs dated 7/27/01 Ltr from Dick Amerman 7/6/01 Ltr from Dick Amerman 1/ 16/02 Ltr from fire dept dated 1/ 17/02 Covenants and maintenance agreement Subdivision improvements agreement Ltr of credit from Banner Bank Ltr from USPS dated 1/ 16/02 Treasurers Certification dated 12/05/01 Title report dated 11/27/01 Cash in lieu of parkland check for $3,600. Final Plat for Stratford Village Subdivision Phase It January 16, 2002 Page 6 c: Jackola Eng, Box 1134, Kalispell, MT 59901 Apex 1, LLC Norm Sanderson, 10 E. Roanoke St, #8, Seattle WA 98102 Theresa White, Kalispell City Clerk H: \... \KFPOI-4.DOC December 4, 2001 Tri-City Planning Office 17 Second Street East Suite 211 Kalispell, Montana 59901 ATTN: Ms. Narda Wilson Senior Planner RE: Stratford Village Subdivision Phase I —16 Lots, R4 zoning; Engineers estimate for bond amount for completion to file the preliminary plat; Resolution No. 4586 Dated 10/2/2000 Dear Ms. Wilson: Enclosed is an Engineer's Estimate of the uncompleted cost for Phase 1 portion of the Stratford Village Subdivision consisting of 16 lots. The intent is to provide security to the city amounting to 125% of the uncompleted work on Phase 1 to allow filing of the final plat for these 16 Phase 1 Lots. Item response to Resolution No. 4586: 1. The development is platted in substantial compliance with the approved preliminary plat and this is Phase I on the anticipated phasing. 2. The roadways serving the subdivision are constructed to the City of Kalispell standards with portions of the work yet to be completed due to winter shutdown. This monetary completion amount will be backed up by security commitment to the city at 125% of its estimated cost to complete. A summary of the Phase 1 Engineers Estimate is also provided which projects the required security amount at $91,701.25 which is 125% of the estimated costs. The project has been improved to some extent beyond Phase 1 with excavation and base rock on Austin and a portion of Teal. The retention basin has been totally constructed for the entire subdivision. It is requested that with the security in place to protect the city that Phase 1 final plat be allowed at this time to allow the lots to be marketed. The sidewalks will be installed with each lot building construction through Phase 1. A certification letter from the engineer is provided. 3. All necessary easements are provided and are shown on the final plat. SUBDIVISION IMPROVEMENT AGREEMENT THIS AGREEMENT, made and entered into this _____ day of _______________- 2001, by and between the CITY COUNCIL, CITY OF KALISPELL, MONTANA, Party of the First Part and hereinafter referred to as the CITY, and NORMAN SANDERSON, of APEX 1, LLC, located at 10 E. Roanoke Street #8, Seattle, Washington 98102, Party of the Second Part and hereinafter referred to as DEVELOPER: WITNESSETH: THAT WHEREAS, the Developer is the owner of a new subdivision known as "STRATFORD VILLAGE, PHASE 1", located in the West Half of Section 19, T28N, R21W, PM,M, Flathead County and, WHEREAS, the City has conditioned it's approval of the final plat of "STRATFORD VILLAGE, PHASFA", 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 1250/. of the estimated total cost of construction of said improvements as evidenced by an estimate prepared by a licensed public engineer or the contractor included herewith as "Exhibit A", and WHEREAS, the estimated total cost of construction of said improvements is the sum of $369,011.00. 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 $91,701.25. 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 $91,701.25, the estimated cost of completing the required improvements in "STRATFORD VILLAGE, PHASE 1". b. That if the Developer fails to complete the specified improvements within the required period, the creditor will pay the City immediately, and without further action, such funds as are necessary to finance the completion of those improvements up to the limited of credit stated in the letter; 2. That said required improvements shall be fully completed by OCTOBER 1, 2002. 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 have been filed with the City; and f. All applicable fees and surcharges have been paid. 4. The Developer shall cause to be filed with the City copies of final plans, profiles, grades and specifications of said improvements, with the certification of the registered professional engineer responsible for their preparation that all required improvements have been installed in conformance with said specifications. IT IS ALSO AGREED BY AND BETWEEN THE PARTIES HERETO AS FOLLOWS, TO -WIT: That the Developer shall provide for inspection of all required improvements by a registered professional engineer before the Developer shall be released from the Subdivision Improvement Agreement. That if the City determines that any improvements are not constructed in compliance with the specifications, it shall furnish the Developer with a list of specific deficiencies and may withhold collateral sufficient to insure such compliance. If the City determines that the Developer will not construct any or all of the improvements in accordance with the specifications, or within the required time limits, it may withdraw the collateral and employ such funds as may be necessary to construct the improvement or improvements in accordance with the specifications. The unused portions of the collateral shall be returned to the Developer or the crediting institution, as is appropriate. IN WITNESS WHER F, the Patties have hereunto set their hands and seals the day and ye her b e written. _ — `L_� __________________ STRATFORD VILLAGE, PHASE 1 NORMAN SANDERSON APEX 1, LLC STATE OF MONTANA ) SS COUNTY OF Flathead ) On this _s}� day of _.bLr, her_, 2001, before me, a Notary Public for the State of Montana, personally appeared NORMAN SANDERSON and known to me to be the Administrator for APEX 1, LLC and whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for said APEX 1, LLC.. IN WITNESS WHEREOF, I have hereunto set my h ,t2;Frct afd• Notarial Seal the day and year first above written. y �C *UF AL N tart' Public for the Stale of Montana �siding at KalispellMontanayCommissio18/2003OY� MAYOR, CITY OF KALISPELL By: ------------------------------- Mayor ATTEST: By:__________________________ Finance Director 4. Certificates of approval are provided from Montana DEQ and City of Kalispell. 5. Storm drainage has been designed by a licensed engineer and approved by the City of Kalispell, Department of Public Works. 6. Approval for the, extensions of Denver Avenue and Bluestone Street into Stratford Village are as shown. 7. These traffic control and street signs will be provided under the security commitment and will be coordinated and installed with the City of Kalispell Public Works Department. 8. The development has planned for mailboxes in a location with provisions approved by the Postal Service. 9. Street lighting has been provided for with poles and luminaires to be installed when they arrive. 10. Parkland dedication is being met by payment in lieu of parkland and computed for Phase 1 on the basis of area of lots. Total required payment for all lots $24,823.00 Phase 1 payment required $ 3,600.00 Check in the amount of $3,600.00 is provided for payment in lieu of parkland. 11, All utilities are installed underground in the subdivision. Payments to the Power Company, Gas Company and Telephone Company have been made and the services have been installed for Phase 1, Stratford Village. 12. Fire access and hydrant count and locations have been approved by the Kalispell Fire Department and in conjunction with the City of Kalispell Public Works Department. 13. The infrastructure for this Phase 1 of Stratford Subdivision is 80% complete and meets the required two-thirds completion. A security commitment for the uncompleted work is provided. 14. A homeowners association will be established for the maintenance of the common area under a pro-rata share of costs. A copy of the maintenance agreement is provided. 15. The final plat delineates the comer lot setbacks required. 16. Disturbed areas shall be re -vegetated in the spring and security commitment to do this has been provided. 17. Phase 1 approval of Resolution 4586 was on October 2, 2000. On November 30, 2001, the developer is requesting Phase 1 plat approval for the 16 identified lots on the final plat. The developer, Apex 1, L.L.C. respectfully requests approval of the final plat of Phase 1, Stratford Village Subdivision. As -built drawings on Phase 1 will be provided within 90 days after date of initial use. These as -built drawings will become a part of the as -built record drawing for the entire project when completed. Very truly yours, JACKOLA ENGINEERING AND ARCHITECTURE, P.C. Cc: Dick Amerman, P.E. —City Engineer Theresa White —City clerk Apex 1, L.L.C. —Norm Sanderson Apex 1, L.L.C. — David Hoffstad Enclosures Montana DEQ letter of approval City of Kalispell letter of approval Engineers estimate of costs to complete Developers security commitment to completion Engineers letter of certification on Phase 1 Homeowners maintenance agreement Final plat for Phase 1 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: Stratford Village, Phase 1 Contact Person: Owner & Mailing Address: Name: Jackola Engineering Apex 1, LLC Address: P.O. Box 1134 Kalispell, Montana 59903 Phone No.: 755-3208 Norm Sanderson 10 E. Roanoke Street #8 Seattle. Wa. 98102 Date of Preliminary Plat Approval: October 17, 2000 Type of Subdivision: Residential X Industrial _Commercial PUD _Other No. of Lots Proposed 16 Parkland (acres) Land in Project (ac.) 8.145 Acres Cash -in -Lieu $ 3,600.00 Exempt FILLING FEE ATTACHED $ 900.00 Minor Subdivision with approved preliminary plat $250 + $25/lot Major Subdivision with approved preliminary plat $500 + $25/lot Subdivisions with Waiver of Preliminary Plat $450 + $25/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)1) X Consent(s) to Plat (Originals and notarized) XSubdivision Improvements Agreement (Attach collateral) X Parkland Cash -in -Lieu (Check attached) X Maintenance Agreement X Plats: 1 opaque OR 2 Mylars 1 Mylar copy 1 signed blueline 4 bluelines 4 bluelines, unsigned The plat must be signed by 0 owners of record, the surveyor and examining land surveyor. Attach a letter, which lists each condition of preliminary plat approval, and individually state how each condition has specifically been met. In cases where documentation is required, such as an engineer's certification, State Department of Health certification, etc., original letters shall be submitted. Blanket statements stating, for example, "all improvements are in place" are not acceptable. A complete final plat application must be submitted no less than 60 days prior to expiration date of the preliminary plat. When all application materials are submitted to the Tri-City Planning Office, and the staff finds the application is complete, the staff will submit a report to the governing body. The governing body must act within 30 days of receipt of the revised preliminary plat application and staff report. Incomplete submittals will not be accepted and will not be forwarded to the governing body for approval. Changes to the approved preliminary plat may necessitate reconsideration by the Planning Board. I 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 b"ccompanied with a digital copy. Signature 1Z/3IU/ Date **A digital copy of the final plat in a Drawing Interchange File (DXF) format or an AutoCAD file format, consisting of the following layers: 1. Exterior boundary of subdivision 2. Lot or park boundaries 3. Easements 4. Roads 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 CAB on 4/5/00 Effective 6/ 1 / 00 2 P"7_00=� Montana Department of r. �N%fQNIdENTALUgIJTY Judy H. Martz, Goverpor P.O. Box 200901 • Helena, MT 59620-0901 • (406) 444-2544 • www.deq.state.mt.us May 29, 2001 Jackola Engineering Po Box 1134 Kalispell MT 59903 RE:Stratford Village Phase 1 Flathead County EQ#01-2479 Dear Sirs: 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 given to the Water Protection Bureau for their review. Sincerely, et Skaarland Compliance Specialist Subdivision Section Water Protection Bureau (406) 444-1801 —email jskaarland@state.mt.us cc: City Engineer, R o o County Sanitarian 91 ��l-1 file Cenlraiixed Services Division • Cnforcemenl Division • Permitting & Compliance Division - Planning, Prevention & Assistance Division • Remediation Division Environmental Health Services 723 5th Avenue East Kalispell, MT 59901 (406) 758-5760 Fax: 758-5859 Thursday, July 17, 2001 Thor Jackola Jackola Engineering P. O. Box 1134 Kalispell, MT 59901 Administraton 758-5828 FAX 758-5858 Community Health Services 756-5741 FAX 7585856 Reproductive Health Services 758-5756 FAX 758-5926 Home Health Services 862-9030 FAX 862-9025 WIC sewlces 758-5752 Re: Water & Sewer Main Ext., Stradford Village Phase 1, Kalispell, Proj. # FH-01-07 Dear Thor: The engineering report, plans with specification notes, certified checklists and required documents for the above referenced project have been reviewed by this office and are satisfactory. Approval to proceed with the project is hereby given. One set of the approved plans is enclosed. This project includes installation of a water main extension as shown on plans prepared by Jackola Engineering and received by this office on 5/22/01. The plans were submitted under the seal and stamp of Thor Jackola, P.E. # 3335E. Approval is given with the understanding that any deviation from the approved plans and specifications will be submitted to the department for review and approval. Prior to commencing use of any portion of a new public system, the owner or his engineer, shall certify by letter to the Department that the portion of the system to be put into use was built in accordance with approved plans and specifications. As -built drawings for the portion of the system put into use must be provided to the Department within 90 days after the date of initial use. Within 90 days after the entire project has been completed, the project engineer shall certify to the Department that the project was inspected and found to be installed in accordance with the plans and specifications approved by the Department. This certification shall be accompanied by a set of record as built drawings of the entire project, signed by the project engineer. It is 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. 01-08 - Pg. 2 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. Sin ely, Richard T. Montgo P Environmental Engineer copies to: Water Quality Division- Helena & Kalispell City of Kalispell, Dept. of Public Works RECEIVED July 6, 2001 JEA OFFICE City of Kalispell Post Office Box 1997 - Kalispell, Montana 59903-1997 - Telephone (406)758-7700 Fax(406)758-7758 July 6, 2001 Thor A. Jackola, PE Jackola Engineering P.O. Box 1134 Kalispell, Montana 59903 Re: Stratford Village Dear Thor: The plans and supporting documents for the referenced project have been reviewed and are hereby approved. Attached is your copy of the letter of approval sent to the Flathead City -County Health Department. We look forward to working with you on this project. Respectfully, Ric�Amerman, P.E. Assistant City Engineer Attachment: As Stated City of Kalispell Post Office Be. 1997 - Kalispell. Montana 59903-1997 - Telephone (406)758-7700 Fax(406)758-7758 July 6, 2001 Dick Montgomery, P.E. Environmental Health Services Flathead City -County Health Department 723 Fifth Avenue East Kalispell, Mt. 59901 Re: Stratford Village Dear Dick: This letter is to confirm that the City of Kalispell has reviewed and approved the plans and specifications prepared by Jackola Engineering for the referenced project. The Kalispell sanitary sewer system and water system have adequate capacity to serve the project. Please feel free to call if you have any questions. 2Respect1P.E. Assistant City Engineer / Copy To: Thor Jackola, Jackola Engineering v City of Kalispell MEMORANDUM To: Narda Wilson Senior Planner RECEIVED JAN 16 2002 Tri-City Planning Office TRI-CITY PLANNING OFFICE Cc: Randy Brodehl Fire Chief From: Richard Amerman Assistant City Engineer Date: January 16, 2002 Re: Stratford Village Subdivision The attached letter dated December 4, 2001 from Jackola Engineering and Architecture, P.C., design consultant on the referenced project, was received by the writer January 14, 2002. The Engineer is certifying that the improvements have been installed per the approved plans and specifications. The plans and specifications for this project were approved by Public Works on July 6, 2001. A copy of the letter of approval is attached. The only improvements that are substantially complete are the sewer and water systems. The remainder of the improvements will be installed under a Subdivision Improvements Agreement. The writer has reviewed the costs associated with completing the remaining improvements and they appear appropriate. If you have any questions, please give me a call. Attachments: As Stated CITY OF KALISPELL OFFICE OF THE FIRE MARSHAL P.O. BOX 1997 KALISPELL, MONTANA 59903-1997 (406) 758-7763 January 17, 2002 Jackola Engineering & Architecture P.C. 1830 Yd Avenue East Kalispell, Montana 59901 Dear Sir: After reviewing the Phase 1, Stratford Village Subdivision plat and receiving the Engineer's Letter of Certification from Jackola Engineering. The hydrant locations and Fire access meet the specifications of the Kalispell Fire Department. Cordially, John Sturzen ue Marshal City of Kalispell December 4, 2001 City of Kalispell Department of Public Works P.O. Box 1997 Kalispell, Montana 59903-1997 . ATTN: Mr. R.W. Amerman, P.E. Assistant City Engineer. RE: Stratford Village Subdivision Phase 1, 16 Lots for Final Plat Engineer's Letter of Certification Dear Mr. Amerman, This office respectfully requests final plat approval for the above referenced subdivision. The undersigned certifies that the improvements have been substantially provided and installed per plans and specifications prepared bythis office. An Engineers Estimate has been prepared which indicates the amount of work yet to be completed. A security will be provided to the city for completion of this work at 125% of $73,361.00 which amounts to . $91,70125. The items that are in the remaining to complete category are as follows (Refer to Engineers Estimates for Item Numbers). ✓lb). The cushion course and first 2" lift of asphalt paving are in place. The finishing 2" asphalt paving lift has to wait for spring when weather is suitable. 11 c). The sidewalks will be installed with the construction on each lot as it occurs to minimize damage. i d). Finalization of.any remaining site concrete work to -trim out any minor remaining work. le). Finalization of the curb areas in the catch basin vicinities. . 2b). Provide the Raved surface in the alley at the time the finishing lift on the streets are being completed. 4c). SomeL hydrant adjustments are necessary to suit location conditions. 1 ✓ 5d). Catch basin will require adjustments when the final asphalt paving lifts are completed. 1 5e); Same condition applies as in 5d. /6a). The mailbox area needs to be coordinated and completed per postal office needs. /7a). The street signage is yet robe installed and needs to be coordinated with the City of Kalispell Public Works Department 8a). Trees are yet to be planted and need to be coordinated with City Parks Department when planting time is suitable. / tt 8b). The boulevards are yet to be finished and are to be completed with the sidewalk installations. Some areas of repair are necessary at South Meadows entrance and Lonepine View. Estates entrances. Your office will be notified as these items of work are completed. As -built drawings willbe completed within the 90 days after the sewer and water systems are put into use. In the event of any questions, please contact this office. Very truly yours,' JACKOLA ENGINEERING AND ARCHITECTURE, P.C. Estimate ■ `a EXHIBIT A ENGINEERS ESTIMATE OF CONSTRUCTION PROGRESS . PHASE .1. - STRATFORD VILLAGE SUBDIVISION, KALISPELL, MONTANA PHASE 1 (16 Lots) PLUS RETENTION STORM WATER BASIN ITEM ESTIMATED. TOTAL COST PERCENT .. COMPLETE REMAINING TO COMPLETE 1.. Roads a. Base, Crush Rock 22,568.00 100% -0- b. Paving 34,020.00 60% 20 412.00 c: Sidewalks 19,809.00 00/0 19.809.00 d. Site Concrete / Light Bases . 6,000.00 60°/n ' 2,400.00 . e. Curbs 11,600.00 75% 2,900.00 2. Alleys a. Base, Crush 4,346.00 1 0% 0 b. Paving 3,370.00 0% 3,370.00 3. Sewer a. Manholes 12,000.00 100% A" b. 10" Sewer Mains 16,290.00 100"/0 0- c. 8 "Sewer Mains 6,440.00 100% 0- d. Services 10,800.00 100% -0- 4. Water a. 8" Water Mains 18,176.00 160% -0- b. 8" Valves 5,600.00 100% -0- c. 6" H drams with valves 9,000.00 85% 1,350.00 d. Services 12,000.00 100% -0- 5. Storm Water a. 12" Main 6,630.00 100% -0- b. 10" Main 5,612.00 1000/0 -0- c. 8" Main 10,304.00 100% -0- d. Catch Basins 8,500.00 79% 1780.00 e. Manholes and Tankage 16,800.00 95% 840.00 i f. Retention Basin 58.646.00 100% -0- & Postal Service a. Mailboxes and Mounting 2,500.00 0% 2,500.00. ' 7. Si ua e a. Street Signs 1,200.00 0% 1,200.00 b. Traffic si s 1,800.00 0% 1,800.00 S. Landscape a. Trees 10.800.00 0% 10,806.00 t b. Seeds and Repair 4,200.00 0% 4,200.00 1 9. Utilities a. Electric 22,000.00 100% Q- b. Gas 117000.00 100% -0- c. Telephone 14,000.00 100"/n 0 d. Cable 3,000.00 100% .0- Subtotal 369,011.00 80.11 73,361.00 ' Security Amount Required 1.25.X 573.367.00 91.701.25 / e- / I RECEIVED July 6, 2001 SEA OFFICE City of Kalispell Post Office Box 1997 - Kalispell, Montana 59903-1997 - Telephone (4061758-7700 Fax(406)758-7758 July 6, 2001 Thor A. Jackola, PE Jackola Engineering P.O. Box 1134 Kalispell, Montana 59903 Re: Stratford Village Dear Thor: The plans and supporting documents for the referenced project have been reviewed and are hereby approved. Attached is your copy of the letter of approval sent to the Flathead City -County Health Department. We look forward to working with you on this project Respectfully, R1c" hard Amerman, P.E. Assistant City Engineer Attachment: As Stated DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS STRATFORD VILLAGE 4k This declaration is made this S day of December, 2001 by the undersigned, Apex I LLC, of Seattle, Washington, herein after referred to as "Declarant". WITNESS TO: Whereas, Apex I LLC are owners of the tract of real property to be knows as Stratford Village subdivision, a plat or map whereof will be on file and of record in the office of the County Clerk and Recorder, Flathead County, Montana, and WHEREAS, the Declarant is desirous of subjecting said real property to the covenants, conditions and restrictions herein -after set forth, each of which is and are for the benefit of said property and for each owner thereof, and shall inure to the benefit of and pass with said property, and each and every parcel there of, and shall apply to and bind the successors in interest and any owner thereof; NOW, THEREFORE, Declarant hereby declares that the real property described in Article 1 is and shall be held, transferred sold and conveyed subject to the covenants, conditions and restrictions herein after set forth: ARTICLE 1 PROPERTY: The real property which is and shall be held, transferred, sold and conveyed subject to the covenants conditions and restrictions herein after set forth is more particularly described as follows: STRATFORD VILLAGE: subdivision, according to the plat of map thereof on file and of record in the. office of the County Clerk and Recorder, Flathead County, Montana: DEFINITIONS: "ASSOCIATION" shall mean the STRATFORD VILLAGE Homeowners Association, Inc. its successors and assigns. "OWNER" shall mean the record owner of a fee simple title to any lot which is a part of the properties and shall include contract buyers. "PROPERTY" shall mean the real property described in Article 1. "COMMON AREA" shall mean all real property maintained by the Association for the common use and enjoyment of others, including but not limited to parks, conservation area, roadways, alleys, and other areas. "LOT' shall mean any plot of land shown upon any recorded subdivision plat or map of the property with the exception of the Common Area. ARTICLE 2 PURPOSE: The property is subject to the covenants condition and restrictions here by declared to insure the best use and most appropriate development and improvement of each building site thereof: to protect the owners of building sites and to appreciate the value of their property; to preserve so far as is practicable the natural beauty of said property; to guard against the erection thereon of structures built of improper or unsuitable material; to insure the highest and best development of said property; to encourage and secure the erection of attractive homes thereon; to adequately provide for a high quality of improvements of said property and thereby enhance the values of improvements made by purchasers of building sites thereof. These covenants are in addition to the requirements of the underlying zoning which is RA-4. ARTICLE 3 LAND USE AND BUILDING TYPE: No business, trade, industrial or commercial enterprise of any kind shall be conducted thereon. No lot shall be subdivided in any manner except that the owner of one lot may acquire, own develop, resell and for all purposes treat as one lot an individual lot together with one half of a contiguous lot. The remaining one half cannot be developed as a half and must therefore, be combined with the contiguous whole lot on the opposite side with the result that two larger lots may be created from three smaller lots. DWELLING SITE: No dwelling shall be permitted on any lot, the ground floor area of which is less than 1250 square feet of li-Ong area for a single story dwelling, 900 square feet for duplexes. Multiple story dwellings may not have less than 1400 square feet of total living area, 1200 square feet for duplexes. No single family dwelling shall have less than a two car enclosed garage nor larger than a three car enclosed garage. For the purpose of this paragraph, the basement, porch, steps and garage shall not be considered part of the living area. DWELLING CONSTRUCTION: All swellings shall be constructed on the lot and shall be permanent in nature. Only new materials may be used, except for used brick, beams, and the like if an integral part of the architecture of the building. All construction shall first be reviewed and approved pursuant to the provisions of Article 6 set forth below. BUILDING LOCATION: No building shall be located on any lot nearer than twenty (20) feet to the front property line, twenty (6) feet to the rear property line, or nearer than five (5) feet to any side lot line. Buildings on comer lots shall maintain a twenty (20) foot set back from both streets. Written exception to this requirement may be granted by the Architectural Control Committee. BUILDING EXCAVATION/FOUNDATIONS: As much as possible of the excavated material created during building construction shall be used on the lot to establish proper site drainage and terrain for landscaping. The maximum exposed foundation above grade shall be eighteen (19) inches. All footings and foundations will be of poured concrete or concrete block construction. TEMPORARY STRUCTURES: No trailer, basement, tent, shack, garage, bam or other such building erected or placed on any lot shall at any time be used as a residence, either temporarily or permanently. VEHICLES: Mobile homes, motor homes, trailers, large trucks, unlicenced or unsightly vehicles shall not be parked or allowed to remain along roadways or on the property. Motor homes, trailers, pickups carrying campers, pickup campers not in use, boats and boat trailers shall be placed in a garage or other location where they are screened from view of the residences. ANIMALS: No animals of any kind shall be raised, bred or kept on any lot, excepting that dogs, cats, and other domestic animals may be kept and raised but not for commercial purposes. Permitted animals must be confined to the lot of their owner and not permitted to run at large. GARBAGE: No lot shall be used or maintained as a dumping ground for rubbish. Trash, garbage or other waste shall be kept in covered, reasonably airtight containers. Such containers must be kept in a garage or other enclosed area. ARTICLE 4 AGRICULTURAL COVENANTS AND RESTRICTIONS: 1. Lot owners are advised that agricultural activities are conducted in the immediate vicinity which may produce odors, noise, dust, and involve the utilization of herbicides and pesticides, which can have an effect on this property. Adjacent farms will not be liable for odors, noise, herbicide and pesticide sprays that are necessary in good agricultural operations, providing such sprays are applied in conformance with approved standards by licensed applicators. Adjacent farms will not be liable for adverse ground water conditions caused by agricultural practices, including normal irrigation. 2. Any authorized representative of any governmental agency shall have the right at any reasonable time to inspect the grounds and gardens of any lots of disease -harboring plants, shrubs, or trees, an if found, to require disposal of same by the owner. Each lot owner shall control or eliminate to the extent reasonably possible any noxious weeds as designated by state and federal law that may be growing upon their property. ARTICLE 5 ASSOCIATION: The Association to be formed by Declarant shall have as members the owner of each lot. Membership shall be appurtanent to and shall not be separated from ownership of any lot Members shall participate in the manner prescribed by the Articles and By -Laws of the Association, and resolutions of the Association's Board of Directors. The Association's purpose is to control, maintain, and improve the common area and provide services and facilities to the owners as it may be determined. PROPERTY RIGHTS: Every owner shall have a right and easement of enjoyment in and to the common area which shall be appurtenant to and shall pass along with title to every lot subject to the following: 1. The right of the Association to charge reasonable admission and other fees for the use, care, maintenance and improvement of the common area and the furnishing of providing other services to the property. 2. The right of the Association to suspend the use or enjoyment of the common area or facilities and services provided directly or indirectly by it for any period during which any fee or assessment against an owner's lot remains unpaid, or for the continued violation of the Articles and By -Laws of the Association or the resolutions of the Association's Board of Directors. 3. The right of the Association to dedicate or transfer all or part of the common area to any public agency, authority or utility for such purpose and subject to such conditions as may be agreed to. 4. Any owner may delegate his right of enjoyment tot the common area to members of his family, or contract purchasers who reside on the owner's lot. ARTICLE 6 ARCHITECTURAL CONTROL COMMITTEE: The Architectural Control Committee shall consist of the Declarant until such time as the Declarant deems feasible to assign the duties and responsibilities of said Committee to the Association. ARCHITECTURAL CONTROL: No building, fence, wall, or other structure shall be commenced, erected or maintained upon the property, nor shall any addition to or change or alteration therein be made until plans and specifications showing the nature, kind, shape, height, materials and location of the same shall have been submitted to and approved in writing as to harmony of external design and location in relation to surrounding structures and topography and active vegetation by the Architectural Control Committee. In the event said Committee fails to approve or disapprove such design and location within thirty (30) days after said plans and specifications have been submitted to it, approval will not be required, and this Article will be deemed to have been fully complied with. Minimum plans for review will consist of Site Planwith proposed grading. Floor Plans, Exterior Elevations identifying all finish materials. Not in compliance with the approval of the Architectural Control Committee will not be allowed and the Committee may take any legal action necessary to assure compliance with the approval conditions. FENCES: Owners of lots may have fences between residences and along rear and side lot lines to the rear lot line. The maximum height is five (5) feet. No fencing of any kind will be permitted on the street side of any lot from the front of the residence to the street property line. LANDSCAPING: No hedge, shrubs or other plantings or any fence shall be permitted which unreasonably obstructs the view of an owner or motor vehicle drivers. All driveways shall be paved asphalt or concrete. Landscaping shall be completed within one year of occupancy. TELEVISION, RADIO ANTENNAS AND SATELLITE DISHES: No exterior television antennas or satellite dishes larger than 18" in diameter will be allowed. Satellite dishes will be screened from public and neighbors view. No exterior radio antennas will be allowed on the premises, except that each premise will be allowed to install one exterior whip -type antenna not exceeding 9 feet in height. In any event, no mast or guy wire, or other operating material or structure shall be permitted, except base fastening mount. WATER SUPPLY: No individual water supply system or systems shall bee permitted on any building site. All water service must be furnished by public water connections. Individual lot owners are responsible to pay any connection charges. SEWAGE DISPOSAL: No individual sewage disposal system shall be permitted. All sewage disposal shall be by connection to the City of Kalispell Sewer District disposal system. Individual lot owners are responsible to pay all connection and monthly service charges to the sewer district. COMMON AREA: The common areas such as parks, alleys, storm drain system, and street lighting shall be controlled and maintained by the Association, provided that all or any part of said areas may be dedicated or transferred to any public authority. Apex 1, LLC will retain ownership of the storm retention basin until final platting of the entire Stratford Village subdivision as shown on the Preliminary Plat. At final platting, Apex I, LLC may transfer the parcel to the homeowners association. SIGNS: Except for the Declarant or its agent, no signs shall be placed on any lot except name plates and one unlighted sign not exceeding three (3) square feet in surface area advertising the sale or lease of the lot or improvement thereon. Newspaper tubes (free standing at the curb) will not be allowed. NUISANCES: No noxious or offensive activity shall be carried on or permitted upon any lot, nor shall anything be done thereon which is or may become an annoyance or nuisance to the neighborhood. By way of illustration and not of limitation, the discharge of fire anus and driving of motor cycles or snowmobiles on the common areas shall be a nuisance within the meaning thereof. BURNING: Open fires are not permitted on the property except for the normal burning of seasonal yard and BURNING: Open fires are not permitted on the property except for the normal burning of seasonal yard and garden clean up with proper permit if required from local authorities. Outdoor barbecues are not an open fire within the meaning hereof. ARTICLE 7 TERM: The covenants and restrictions of this Declaration shall run with and bind the property for a term of twenty (20) years from the date this Declaration is recorded, after which time they shall be automatically extended for successive periods of ten (10) years. This Declaratiion may be amended at any time by an instrument signed by not less than Seventy-five (75) percent of the lot owners and approved by the Planning Board of the City of Kalispell, Montana. ENFORCEMENT: The Association, The Architectural Control Committee, or any owner shall have the right to enforce by any proceeding at law or in equity all covenants, conditions and restrictions now or hereafter imposed by the provisions of this Declaration. Failure by the Association, Architectural Control Committee or by any owner to enforce any covenant or restriction herein contained shall in no event be a waiver of the right to do so thereafter. SEVERABLITY: Invalidation of any one of these covenants or restrictions by judgment or court order shall in no way affect any of the remaining provisions, which shall remain in full force and effect. ANNEXATION: Additional property may be annexed to the property upon approval of fifty (50) percent of the individual lot owners. IN WITNESS WHEREOF, the Declarant has executed the Declaration the day and year first written above. APEX IzC1 LLC (STATE OF MONTANA) County of Flathead) On this _`� day of j ecen2,� , 200 /, before me, the undersigned a Notary Public for the State of Montana, personally appeared Norman Sanderson, known to me to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same. IN WITNESS WHEREOF, I have hereunto set me hand and affixed my Notarial Seal the day and year first written above. 0-C MT /G/� 0 AZEMORANDUM OF AGREEMZENT THIS AGREEMENT is made and entered into this S-A day of December, 2001 by and between: STRATFORD VILLAGE HOMEOWNERS ASSOCIATION hereafter referred to as Association APEX I, LLC 10 E. Roanoke 98 Seattle WA 98102 hereafter referred to as Developer. A. The Association owns, maintains and repairs the alleys, retention area and street lights in the subdivision known as Stratford Village as shown on the plat of this subdivision recorded in the Office of the Clerk and Recorder of Flathead County, Montana. B. Funds for the operation and maintenance of these items are obtained from assessments levied and collected from lot owners of the subdivisions, in accordance with the assessment procedures contained in the Declaration of conditions, covenants and restrictions of the subdivision. NOW THEREFORE the parties further agree as follows: 1. After all improvements for each phase have been completed and upon Developer recording the subdivision plat of each phase, Developer shall deliver to the president of the Association a deed which conveys all Developer's right, title and interest in and to the roadways shown on the plat contained within the exterior boundaries of the subdivision. The president of the Association shall accept the deed and record the same upon receiving satisfactory proof that all expenses enumerated above and all county requirements for the construction of the roadways, signs and re -vegetation of disturbed areas have been met. 2. After Association has accepted and recorded the deed, it shall have authority to determine the need for and arrange for the maintenance (which includes sanding, snow removal) the alleys in the same manner as the roadways. This authority includes the right to assess, levy and collect charges from the lot owners of Stratford Village. The amount assessed by the Association and due from Developer for the year 2002 shall be prorated from the time the Association becomes the owner of the alleys. For the years 2003 and thereafter, Developer and subsequent owners of the lots shall be liable for the full assessment levied each year on the lots. 3. Developer will be drafting and recording its own covenants for the subdivision and shall include appropriate language submitting the alleys, retention pond, street lights together with maintenance and assessment power to Stratford Village upon recording the final plat of each phase in accordance with this agreement. The covenants shall further provide that each lot owner in Stratford Village (including Developer) is automatically a member of the Association having one vote for each lot and subject to the Articles, bylaws and resolutions pertaining to road maintenance issues only passed from time to time. 2 IN WITNESS WHEREOF, Z, being all of the Directoil of STRATFORD VILLAGE HOMEOWNERS ASSOCIATION, have heretofore set err hande this �—day of 1ecg�tn 2001. m i � � L Norman Sanderson State of Montana, County Flathead On this S-41- of December, 2001, before me, a Notary Public for the State of Montana, personally appeared Norman Sanderson aP44Mvkl- ofatsd known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that they executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notary Seal this day and year first above written. \ a s N • 6 pqT LZJ �cP.r� 11 �.O �r \ Notary Public for the State of Montana E7071AMP11. )2 ;L R siding at Kalispell lP My Commission Expires \ O F IMA 0E EXHIBIT A ENGINEERS ESTIMATE OF CONSTRUCTION PRI PHASE 1 STRATFORD VILLAGE SUBDIVISION, KALISPELL, PHASE 1 (16 Lots) PLUS RETENTION STORM WATER BASIN ITEM ESTIMATED TOTAL COST PERCENT COMPLETE REMAINING TO COMPLETE 1. Roads a. Base, Crush Rock 22,568.00 100% -0- b. Paving 34,020.00 60% 20,412.00 c. Sidewalks 19,809.00 0% 19,809.00 d. Site Concrete / Light Bases 6,000.00 60% 2,400.00 e. Curbs 11,600.00 75% 2,900.00 2. Alleys a. Base, Crush 4,346.00 100% -0- b. Paving 3,370.00 0% 3,370.00 3. Sewer a. Manholes 12,000.00 100% -0- b. 10" Sewer Mains 16,290.00 100% -0- c. 8" Sewer Mains 6,440.00 100% -0- d. Services 10,800.00 100% -0- 4. Water a. 8" Water Mains 18,176.00 1000/' -0- b. 8" Valves 5,600.00 100% -0- c. 6" Hydrants with valves 9,000.00 85% 1,350.00 d. Services 12,000.00 100% -0- 5. Storm Water a. 12" Main 6,630.00 100% -0- b. 10" Main 5,612.00 100% -0- c. 8" Main 10,304.00 100% -0- d. Catch Basins 8.500.00 79% 1780.00 e. Manholes and Tankage 16,800.00 95% 840.00 f. Retention Basin 58,646.00 100% -0- 6. Postal Service a. Mailboxes and Mounting 2,500.00 0% 2,500.00 7. Si na e a. Street Signs 1,200.00 0% 1,200.00 b. Traffic signs 1,800.00 0% 1,800.00 8. Landscape a. Trees 10,800.00 0% 10,800.00 b. Seeds and Repair 4,200.00 0% 4,200.00 9. Utilities a. Electric 22,000.00 100% -0- b. Gas 11,000.00 100% -0- c. Telephone 14,000.00 100% -0- d. Cable 3,000.00 100% -0- Subtotal 369,011.00 80.11 73,361.00 Securitv Amount Required 1.25 X S73,361.00 91.701.25 PHASIG PLAN ER uK IRREVOCABLE LETTER OF CREDIT DATE: 12-12-01 CREDIT NUMBER: 490101 BENEFICIARY: APPLICANT: City of Kalispell Apex 1, LLC P.O. Box 1997 10 E Roanoke St. #8 Kalispell, Montana 59903-1997 Seattle, Washington 98102 PHONE: PHONE: 206 322-5977 FAX: FAX: DATE OF EXPIRY: 12-01-02 EXPIRY PLACE: Counters of Banner Bank We hereby authorize CITY of KALISPELL to draw on Banner Bank for the account of APEX 1, LLC up to an aggregate amount of Ninety One Thousand Seven Hundred One Dollars and 251100, US (US$91,701.25) available by draft(s) drawn AT SIGHT when accompanied by the following documents: 1. The original of this letter of credit and any subsequent amendments. 2. A signed statement by an authorized official of the City of Kalispell stating as follows: "Claims have been submitted to Apex 1, LLC for payment and which remain unpaid by same, and the funds represented by the attached drafts are required in full by "City of Kalispell" Each draft under this letter of credit must bear upon its face the words "Drawn under letter of credit No. 490101". This letter of credit shall expire on the 1st day of December, 2002 and all drafts must be presented and negotiated on or before the date of expiration. This letter of credit is subject to the Uniform Customs and Practices for documentary credits (1993 Revision), International Chamber of Commerce Publication No. 500. Your acceptance of this credit will constitute your agreement to repay Banner Bank, within three (3) weeks after your receipt of the funds paid to you hereunder, any funds which exceed the total amount of funds due you. Banner Bank will honor all drafts drawn under and in compliance with terms of this credit, if duly presented (together with all documents specified) at our counters on or before the close of business on the expiration date shown above. Banner Bank BY: AUTHORIZED SIGNER CLF-102 Letter of Credit Rev. 05/00 APEX 1, L B- C- Jeanne Varnier Loan Officer 10125 Main Street Bothell, WA 98011 425-398-0559 Fax: 425-398-8549 jvornier0bon rba nk, corn NNER BANK Mgr. Customer Services 248 1st Ave. W. Kalispell Mt. 59901-4465 January 16,2002 To: Flathead County Planning Board RE: STRATFORD VILLAGE To whom it concems: The above referenced project has been reviewed. A suitable location for mail delivery has been established. A centralized box will be installed on Denver Avenue. A suitable turnout has been completed for the carrier to service these boxes. If you have any question, please feel free to call me at (406) 755-0187 Sincerely yours: Mav'4 Elden Marvel, Mgr Cust. Serv. 248 1 st Ave. W. Kalispell, Mt. 59901-9998 (406)755-0187 Fax: (406) 755-0316 RECEIVED JAN 16 2002 TRI-CITY PLANNING OFFICE PLAT ROOM FLATHEAD COUNTY, MONTANA 800 a. UmaN n N&LISPELL, MT 59901 v�p�TE (406) 75©-5510 THIS FORM IS FOR SUBDIVISIONS AUD CONDOMINIUMS ONLY BY: 'Jac kola iLQ.a4 � ,� � , J /u I FOR: 69e)( - .L , -/- 1Cl e � nn'rl : 3 /oR%/ BESr_P: Sf�C��X /101, V I�C.11 f �/IL ehos, � VURPOSK: J!'Of . w, r�. `J u Z , (vcA , lof- ,9 l-a/ YEARS lt62 'I'IPtlt PR�_J /1.7:iL:000P 0 o3/a9o/ 03ia90/ ,9g,a9.; / 0 I�cI':ilPy' CfSI'LI I.y' I:IIdI. LII?:1'G .:C13 I1O �?I11.::LaI1:1111+J I_.I.:G9 4i1 Ia1G _ zlll:SIqIIR(l Ill(i I1:i8O3311I' Illlllll.Jll l':� I I:: L(:Il abovo, fol' t:lle yvairs Indii-:]Lod f0f, e-ach =1:S:S!?1S:i111' 1111111bor. 111i1'll'1'S' 'fI1 tlr::nr! DEC U 5 Z001 r '� GUARANTEE First American Title Insurance Company H 381449 Form 1282 CERTIFICATE OF PLAT SUBDIVISION OR PROPOSED SUBDIVISION Stratford Village, Phase I File No. FM-29550 Policy No. H-381449 FEE: $125.00 SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE LIMITS OF LIABILITY, AND OTHER PROVISIONS OF THE CONDITIONS AND STIPULATIONS HERETO ANNEXED AND MADE A PART OF THIS GUARANTEE, FIRST AMERICAN TITLE INSURANCE COMPANY, A CORPORATION HEREIN CALLED THE COMPANY, GUARANTEES Jim Burton atJakola Engineering FOR THE PURPOSES OF AIDING ITS COMPLIANCE WITH FLATHEAD COUNTY SUBDIVISION REGULATIONS in a sum not exceeding $5,000.00. THAT according to those public records which, under the recording laws of the State of Montana, impart constructive notice of matters affecting the title to the lands described on the attached legal description: A tract of land located in the South Half of the Northwest Quarter and in the Northeast Quarter of the Southwest Quarter of Section 19, Township 28 North, Range 21 West, P.M.M., and more particularly described as follows: Commencing at the Center North 1 /16 corner of said Section 19 which is a point and which point is the True Point of Beginning; thence Southerly on and along the West boundary of Lots 41 through 36 of South Meadows Subdivision, a plat of which is on file with the Flathead County Clerk and Recorder's office, the following five courses: South 00°05'57" East, a distance of 120.19 feet to a point; South 00°21'25" East. a distance of 59.97 feet to a point; South 00°25'48" East, a distance of 61.87 feet to a point; South 00°08' 10" East. a distance of 61.99 feet to a point; South 00°21'28" East, a distance of 36.13 feet to a point, thence South 88'19'32" West and leaving said West boundary of South Meadows Subdivision, a distance of 80.04 feet to a point; thence North 00' 17'08" West, a distance of 43.96 feet to a point; thence South 88°l9'32" West, a distance of 553.68 feet to a point; thence North 00° 17'08" West, a distance of 110.00 feet to a point; thence North 03°09'37" East, a distance of 66.24 feet to a point: thence North 00° 16'S1" West, a distance of 120.38 feet to a point and which point lies on the North boundary of said South Half of the Northwest Quarter; thence North 88°24'51" East, on and along said North boundary, a distance of 129.19 feet to a point; thence North 88' 19'32" East, a distance of 500.80 feet to the True Point of Beginning. - continued - And together with the following described tract: Commencing at the Center Quarter corner of said Section 19, thence South 00°19'57" East, a distance of 167.05 feet to a point and which point is the True Point of Beginning; thence continuing South 00°l9'57" East, a distance of 361.91 feet to a point and which point lies on the Northerly boundary of the Burlington Northern Railroad right of way; thence North 39° 19' 1 1" West on and along said Northerly right of way boundary, a distance of 2314.91 feet to a point; thence North 48°08'23" East and leaving said Northerly right of way boundary, a distance of 60.15 feet to a point of curvature; Easterly and Southerly, on a curve to the right (Delta = 90°30' l9", Radius = 154.46 feet and Radial Bearing = South 35°38' 17" East), an arc length of 243.99 feetto a point and which point is a point of compound curve; Southerly, on a curve to the right (Delta = 33° 17'09", Radius = 194.46 feet and Radial Bearing = South 54°52'02" West), an arc length of 112.97 feet to a point and which point is a point of tangency; thence South 01 °50'49" East, a distance of 17.46 feet to a point and which point is a point of curvature; Southerly, on a curve to the right (Delta = 28°04' 18", Radius = 195.00 feet and Radial Bearing = South 87°54' l0" West), an arc length of 95.54 feet to a point and which point is a point of reverse curve; Southeasterly, on a curve to the left (Delta = 49°51'28", Radius = 74.67 feet and Radial Bearing = South 75°42' 12" East), an arc length of 64.97 feet to a point; thence South 39' 19' 1 1" East, a distance of 99.60 feet to a point; thence North 50°40'49" East, a distance of 100.00 feet to a point; thence South 39°l9'11" East, a distance of 20.00 feet to a point; thence South 50°40'49" West, a distance of 100.00 feet to a point; thence South 39' 19' ] 1" East, a distance of 420.00 feet to a point; thence North 50°40'49" East, a distance of 100.00 feet to a point; thence South 39' 19' 1 1" East, a distance of 20.00 feet to a point: thence South 50°40'49" West, a distance of 100.00 feet to a point; thence South 39' 19' 1 1" East, a distance of 720.00 feet to a point; thence North 50°40'49" East, a distance of 100.00 feet to a point; thence South 39'19'11" East, a distance of20.00 feet to a point; thence South 50°40'49" West, a distance of 100.00 feet to a point; thence South 39'19'11" East, a distance of 110.00 feet to a point; thence North 88°39'38" East, a distance of 10137 feet to a point; thence North 00019'57" West, a distance of 117.38 feet to a point; thence North 88°39'38" East, a distance of 30.38 feet to the True Point of Beginning. (1) Parties having record title interest in said lands whose signatures are necessary under the requirements of Flathead County Subdivision Regulations on the certificates consenting to the recordation of Plats and offering for dedication any streets, roads, avenue, and other easements offered for dedication by said Plat are: Apex I, LLC (2) Parties holding liens or encumbrances on the title to said lands are: A. Taxes, charges and assessments for the year 2000, which are delinquent. B. Taxes. charges and assessments for the 1" half of 2001. which are delinquent. C. Taxes, charges and assessments for the 2"d half of 2001. which are due and payable. - continued - D. We are unable to determine the exact status of taxes until such time as the Flathead County Treasurer's Office has processed the latest tax payments. (3) Easements, claims of easements and restriction agreements of record are: A. Resolution by the Transportation Commission of the State of Montana for designation of limited access highway, recorded November 14, 1997, as Doc. No. 1997-318-10050, records of Flathead County, Montana. B. Easement for 60 foot private road and utility on Certificate of Survey No. 12064. C. Easement for Kalispell By -Pass Route on Certificate of Survey No. 13423. D. Developer Extension Agreement upon the terms, conditions and provisions contained therein: DATED May 28, 1996 PARTIES City of Kalispell and U.S. Partnership 11 RECORDED: June 5, 1996, as Doc. No. 96-157-1 1320. records of Flathead County, Montana. E. Easement for Right of Way Easement and the right to enter upon that land and together with the right to extend power to adjacent properties and to place, construct, operate, maintain and relocate thereon an electric transmission and distribution line granted to Flathead Electric Cooperative, Inc., recorded June 11, 1999, as Doc. No. 1999-162-08450, records of Flathead County, Montana. F. Resolution No. 4587 by the City of Kalispell for annexation of certain real property, recorded October 18, 2000, as Doc. No. 2000-292-13280, records of Flathead County, Montana. G. Zoning requirements and road and utility easements as shown on the Proposed Plat. We find the described property r.. k. i.. uan� Pn V;ra ni.ra,r DATED: November 27, 2001 at 8:00 a.m. J{- Subscribed and Sworn to before me this l—day of , 2001. C001110It 11 r a Q ,.. 4 �t.v,, , �' %yO otar Public for the State of Montana Residing at My commission expires d