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09. Final Plat Approval - Village Greens Phase XITri-City Planning Office 17 Second Street East — Suite 211 Kalispell, Montana 5"01 Phone: (406) 751-1850 Fax: (406) 751-1858 tricity@centurytel.net REPORT TO: Kalispell Mayor and City Council FROM: Narda A. Wilson, Senior Planner Chris A. Kukulski, City Manager SUBJECT Final Plat for Glacier Village Greens Phase XI MEETING DATE: June 17, 2002 BACKGROUND: This is a request for final plat approval of Glacier Village Greens Phase XI which creates 16 townhouse lots on approximately 2.518 acres at the north end of East Nicklaus Avenue. The lots are intended to be developed with duplex townhouses and each sublot will be conveyed separately. A homeowners park is indicated along the Whitefish River to the east to establish and protect the riparian corridor. The newly developed East Nicklaus Avenue will be dedicated to the City of Kalispell. Most of the work has been completed with regard to water and sewer extensions and roadway construction. However, there is some work yet to be completed with regard to the roadway and sidewalks in the amount of approximately $33,415. A subdivision improvements agreement has been submitted along with a cashiers check in the amount of 125 percent of the improvements or $41,769. It is anticipated that the improvements would be completed no later than October 31, 2002. RECOMMENDATION: A motion to accept the subdivision improvements agreement and approve the final plat for Glacier Village Greens Phase XI would be in order. FISCAL EFFECTS: Minor positive impacts once developed. ALTERNATIVES: As suggested by the city council. Respectfully submitted, 1*�c p� C"A'Yjt"-AL- Narda A. Wilson Chris A. Kukulski Senior Planner City Manager Report compiled: June 11, 2002 Attachments: Letter of transmittal Final plat application and supporting documents Providing Community Planning Assistance To: • City of Kalispell • City of Columbia Falls • City of Whitefish - Tri-City Planning Office 17 Second Street East — Suite 211 Kalispell, Montana 59901 Phone: (406) 751-1850 Fax:(406) 751-1858 tricity@centurytel.net June 11, 2002 Chris Kukulski, City Manager City of Kalispell P.O. Drawer 1997 Kalispell, MT 59901 Re: Final Plat for Glacier Village Greens Phase XI Dear Chris: Our office has received an application from Sand Surveying for approval of the final plat for Glacier Village Greens Phase XI which creates 16 townhouse lots on approximately 2.518 acres at the north end of East Nicklaus Avenue. The lots are intended to be developed with duplex townhouses and each sublot will be conveyed separately. A homeowners park is indicated along the Whitefish River to the east to establish and protect the riparian corridor. The newly developed East Nicklaus Avenue will be dedicated to the City of Kalispell. Most of the work has been completed with regard to water and sewer extensions and roadway construction. However, there is some work yet to be completed with regard to the roadway and sidewalks in the amount of approximately $33,415. A subdivision improvements agreement has been submitted along with a cashiers check in the amount of 125 percent of the improvements or $41,769. It is anticipated that the improvements would be completed no later than October 31, 2002. The preliminary plat for this subdivision was approved by the Board of County Commissioners on April 4, 2002 subject to 15 conditions. Since the plat was approved, Glacier Village Greens has been annexed including this property. Hence the final plat for this subdivision will be reviewed and approved by the Kalispell City Council. The following is a list of the conditions of preliminary plat approval and a discussion of how they have been met or otherwise addressed. COMPLIANCE WITH CONDITIONS OF APPROVAL Condition No. 1. Development of the subdivision shall be in substantial conformance with the preliminary plat with the approved preliminary plat, which shall govern the general location of the lots, roadways and open space. • This condition has been met. The configuration of the lots, roadways and open space areas are in substantial compliance with the approved preliminary plat. Providing Community Planning Assistance To: • City of Kalispell • City of Columbia Falls • City of Whitefish Final Plat for Glacier Village Greens Phase XI June 11,2002 Page 2 Condition No. 2. That the roadways within the subdivision shall be constructed in accordance with the City of Kalispell's Design and Construction Standards for paved streets. Upon completion of the roadways shall be approved by the City of Kalispell Public Works Department and certified by a licensed engineer registered in the state of Montana that the road system has been constructed accordingly. This condition has been adequately addressed. The roadways have been designed in accordance with City standards and reviewed and approved by the Kalispell Public Works Department. Remaining improvements that have not been completed with regard to the roadway have been addressed in the subdivision improvements agreement. Condition No. 3. That in addition to the paved roadway, curb and gutter shall be constructed on both sides. • This condition has been adequately addressed. The remaining roadway improvements have been addressed with the subdivision improvements agreement. Condition No. 4. That a temporary gravel cul-de-sac shall be constructed at the northern terminus of East Nicklaus Avenue which has a minimum of a 50 foot radius. This condition has been met. A temporary cul-de-sac has been constructed at the northern terminus of the road in compliance with this condition. Condition No. 5. That the fire access and suppression system, including the number and location of fire hydrants shall, be reviewed and approved by the fire chief of the Evergreen Volunteer Fire Department. This condition has been met. A letter from the Evergreen Volunteer Fire Department has been submitted with the final plat. Additionally, the Kalispell Fire Department is satisfied with the fire access and suppression system for this subdivision. Since some of the roadway work has not been completed, a note will be placed on the building permit that requires an all weather access road approved by the fire department to be in place prior to combustible material being on -site. Condition No. 6. That a Certificate of Subdivision Approval be obtained from the Department of Environmental Quality which shall approve the water and sewage treatment facilities for the subdivision. • This condition has been met. A certificate of subdivision approval was submitted with the final plat application approving the water and sewer for the subdivision. Condition No. 7. That a letter from the City of Kalispell be obtained which approves the plans and specifications for the sewage treatment facilities and verifies that they have been constructed in accordance with the approved plans. Final Plat for Glacier Village Greens Phase XI June 11, 2002 Page 3 • This condition has been met. From the Kalispell Public Works Department has been obtained approving the sewage treatment facilities for this subdivision. Condition No. S. That an engineered drainage plan be prepared by a licensed profession engineer that retains the storm water runoff on -site or within established drainage culverts. • This condition has been met. An engineers certification from Carver Engineering has been submitted with the final plat. Condition No. 9. That a letter from the utility company be submitted that all new utilities within the subdivision have been placed underground and extended to each lot. • This condition has been met. Certification from Carver Engineering has been submitted with the final plat and the utility installation has been verified by an on - site inspection by the staff. Condition No. 10. That a common off-street mail facility shall be provided by the developer and approved by the local post office. • This condition has been adequately addressed. A common mail facility has been established in previous phases of the Glacier Village Greens development. Condition No. 11. That the parkland dedication shall be met by proposed homeowners park indicated on the preliminary plat. • This condition has been met. The homeowners parks has been indicated on the final plat and each lot designated a pro-rata share of the square footage for taxation purposes. Condition No. 12. That the roadways be named and signed in accordance with the Flathead County Road Department Standards. • This condition has been met. The extension of East Nicklaus Avenue has been previously established and the roadway signed accordingly. Condition No. 13. That a note shall be placed on the face of the final plat requiring house numbers be posted on the house in a clearly visible location or at the driveway entrance. • This condition has been met. A note has been placed on the face of the plat requiring the street addresses. Condition No. 14. That a petition to annex to the City of Kalispell and notice of withdrawal from the rural fire district shall be filed with the City of Kalispell upon final plat submission. Final Plat for Glacier Village Greens Phase XI June 11, 2002 Page 4 • This condition has been adequately addressed. This property was recently annexed into the city of Kalispell. A copy of the petition to annex has been submitted with the final plat. Condition No. 15. That the preliminary plat is valid for a period of three years from the date of approval. • This condition has been met. The final plat was filed prior to the expiration date and in substantial compliance with the subdivision regulations. 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 April 4, 2000. COMPLIANCE WITH THE SUBDIVISION REGULATIONS: This subdivision plat is in compliance with the State and City Subdivision Regulations. COMPLIANCE WITH THE ZONING REGULATIONS: This subdivision is in compliance with the Kalispell Zoning Ordinance which governs the dimensional requirements of the lots within the subdivision and well as the uses within the various areas of the development. 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 this subdivision. Please schedule this matter for the regular city council meeting of June 17, 2002. Sincerely, Narda A. Wilson Senior Planner NW/ Attachments: 1 opaque mylars of final plat 1 reproducible mylar of final plat 1 copy of final plat Ltr from Sands Surveying dated 6/4/02 Final plat application dated 6/4/02 Letter from DEQ dated 5/7/00 SIA and eng estimate dated 6/4/02 Engineers certification dated 6/4/02 Final Plat for Glacier Village Greens Phase XI June 11, 2002 Page 5 Ltr from Kalispell PW dated 6/ 12/02 Copy of petition to annex dated 4/8/02 Title report from Sterling Title Services dated 5/23/02 Treasurers Certification dated 6/03/02 Cashiers check for SIA - $41,769. c: Sands Surveying, 2 Village Loop, Kalispell, MT 59901 Owl Corp, 500 Palmer Drive, Kalispell, MT 59901 Theresa White, Kalispell City Clerk H: \... \KFP02-3.DOC 128A �® 4 + 4BCA 1,15 1413 12,11110 9 13. 7: 6 5 5 6 7 21 — �122 20 253 19 115 ,14 13 is 17 1 12 26 2 2E 1N 2 4C 7. 8 2.3 24 B 9 25 t —26 22 9 1 27 8 21 11 29 in 20 12, 19 14' 1 orl SANDS SURVEYING, INC 2 Village Loop Kalispell, MT 59901 406-755-6481 Fax 406-755-6488 June 4, 2002 Tri-City Planning Office Attention: Narda Wilson, Senior Planner 17 Second Street East Suite 211 Kalispell, MT 59901 Dear Narda: RECEIVED JUN 4 2002 TRI-CfTY PLANNING OFFICE Attached please find the materials necessary to file the final plat of Glacier Village Greens Phase XI. I have listed the Conditions of Approval, and then subsequently addressed how each Condition was met. Glacier Village Greens, Phase XI, was granted Preliminary Plat approval on April 4, 2000 and the approval expires as of April 4, 2003. 1. Development of the subdivision shall be in substantial conformance with the approved preliminary plat, which shall govern the general location of the lots, roadways and open space. The Final plat is in substantial compliance with the approved preliminary plat 2. That the roadways within the subdivision shall be constructed in accordance with the City of Kalispell's Design and Construction Standards for paved streets. Upon completion of the roadways shall be approved by the City of Kalispell Public Works Department and certified by a licensed engineer registered in the State of Montana that the road system has been constructed accordingly. Please refer to the attached Subdivision Improvements Agreement. 3. That in addition to the paved roadway, curb and gutter shall be constructed on both sides of the roadway. This has been included within the Subdivision Improvements Agreement. 4. That a temporary gravel cul-de-sac shall be constructed at the northern terminus of East Nicklaus Avenue which has a minimum of a 50-foot radius. This is has been completed. Please refer to the attached letter from Andy Hyde regarding infrastructure improvements. 5. That the fire access and suppression system, including the number and location of fire hydrants, shall be reviewed and approved by the fire chief of the Evergreen Volunteer Fire Department. Please refer to letter from the Evergreen Volunteer Fire Departrnent, Chief Ted Stewart, certifying that this condition has been met 6. That a Certificate of Subdivision Approval be obtained from the Department of Environmental Quality which shall approve the water and sewage treatment facilities for the subdivision. Please refer to the attached documentation from the DEQ certifying that this condition has been met 7. That a letter from the City of Kalispell be obtained which approves the plans and specifications for the sewage treatment facilities and verifies that they have been constructed in accordance with the approved plans. Please refer to the letter from Andy Hyde certifying that infrastructure conditions have been met 8. That an engineered drainage plan be prepared by a licensed professional engineer that retains the storm water runoff on -site or within established drainage culverts. Please refer to the attached letter from Andy Hyde regarding infrastructure Improvements. 9. That all new utilities within the subdivision be placed underground and extended to each lot. Please refer to the attached engineer's certification letter. 10. That a common off-street mail facility shall be provided by the developer and approved by the local post office. Please refer to the engineer's letter verifying that this condition has been met 11. That the parkland dedication shall be met by proposed homeowners park indicated on the preliminary plat. Please refer to the final plat for verification. 12. That the roadways be named and signed in accordance with the Flathead County Road Department standards. Please refer to the attached engineer's letter verifying that this condition has been met 13. That a note shall be placed on the face of the final plat requiring house numbers be posted on the house in a clearly visible location or at the driveway entrance. Please refer to the face of the final plat that this condition has been met 14. That a petition to annex to the City of Kalispell and notice of withdrawal from the rural fire district shall be filed with the City of Kalispell upon final plat submission. Please refer to the attached application for Annexation to the City of Kalispell documents and the withdrawal from the rural fire district. 15. That the preliminary plat is valid for a period of three years from the date of approval. This final plat is being submitted before the three year deadline expires. Thank you for your kind consideration of this final plat document. Please feel free to call should you have any further questions or concerns. tcereWirtala Tri-City Planning Office 17 Second St East, Suite 211 Kalispell, BIT 59901 Phone: (406) 751-1850 Fax: (406) 751-1868 FINAL PLAT APPLICATION Project Contact Person: Name: 6ond5 SUYVe yl4a , /li G. Address: 2 V1JI J�a Ji .sue, MT 59901 Phone No.: _ 7 5 - 6t/W Owner & Mailing Address: 0 w1_ Cnv,Q (4nQ v 500 Pal mC� Ka l�snell, M T 5990) Date of Preliminary Plat Approval: !4Prl 1 /f, 2-000 Type of Subdivision: Residential Industrial Commercial _PUD _Other No. of Lots Proposed Parkland (acres) Land in Project (ac.) 2.q/i3 Cash -in -Lieu $ Exempt FILLING FEE ATTACHED $ au Minor Subdivision with approved preliminary plat $300 + $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) Health Department Certification (Original) V, Title Report (Original, not more than 90 days old) V Tax Certification (Property taxes must be paid)l) V Consent(s) to Plat (Originals and notarized) V Subdivision Improvements Agreement (Attach collateral) �— Parkland Cash -in -Lieu (Check attached) Maintenance Agreement Plats: 1 opaque OR 2 Mylars 1 Mylar copy 1 signed blueline 4 bluelines 4 bluelines, unsigned The plat must be signed by all owners of record, the surveyor and examining land surveyor. L.L.C) 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 gill 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. **ROTE: Please be advised that the County Clerk & Recorder requests that all subdivision final plat applications be accompanied with a digital copy. &A/OZ wner(s) Signature Date **A digital copy of the final plat in a Drawing Interchange File (DXM 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 comer of the public land survey system As approved by the TCPB on 12/ 19/01 Effective 1/1/02 Montana Department of � NVM0NACMAL Q Judy H. Martz, Governor P.O. Box 200901 • Helena, MT 59620-0901 • (406) 444-2544 • www.deq.state.mt.us ANDREW J. HYDE CARVER ENGINEERING, INC. 1995 THIRD AVE E KALISPELL MT 59901 RE: Glacier Village Greens Phase XI Flathead County E.Q.#01-2100 Dear Mr. Hyde: The plans and supplemental information relating to the water supply, sewage, solid waste disposal, and storm drainage (if any) for the above referenced division of land have been reviewed as required by ARM Title 17 Chapter 36(101-805) and have been found to be in compliance with those rules. Two copies of the Certificate of Subdivision Plat Approval are enclosed. The original is to be filed at the office of the county clerk and recorder. The duplicate is for your personal records. Development of the approved subdivision may require a General Discharge Permit for Storm Water Associated with Construction Activity. Please contact Brian Heckenberger at (406) 444-5310 for more information. Failure to obtain this permit (if required) prior to development can result in significant penalties. Your copy is to inform you of the conditions of the approval. Please note that you have specific responsibilities according to the plat approval statement primarily with regard to informing any new owner as to any conditions that have been imposed. If you wish to challenge the conditions of this Certificate of Subdivision Plat Approval, you may request a hearing before the Board of Environmental Review or the Department, pursuant to Section 76-4-126, MCA and the Montana Administrative Procedures Act. If you have any questions, please contact this office. Sincerely, There`s Blazi tch, Supervisor Subdivision Section Water Protection Bureau TB/tdp cc: County Sanitarian County Planning Board Centralized Services Division • Enforcement Division • Permitting & Compliance Division • Planning, Prevention & Assistance Division • Remedialion Division STATE OF MONTANA DEPARTMENT OF ENVIRONMENTAL QUALITY CERTIFICATE OF SUBDIVISION PLAT APPROVAL (Section 76-4-101 through 76-4-131, MCA 1995) TO: County Clerk and Recorder E.Q. #01-2100 Flathead County Kalispell, Montana THIS IS TO CERTIFY THAT the plans and supplemental information relating to the subdivision known as Glacier Village Greens Phase XI A tract of land located in the Southwest'/4 Northeast 1/4 and the Northwest'/4 Southeast `/4 of Section 32, Township 29 North, Range 21 West, P.M.M., Flathead County, Montana consisting of sixteen (16) Lots have been reviewed by personnel of the Permitting and Compliance Division, and, THAT the documents and data required by ARM Title 17 Chapter 36 have been submitted and found to be in compliance therewith, and, THAT the approval of the Plat is made with the understanding that the following conditions shall be met: THAT the Lot sizes as indicated on the Plat to be filed with the county clerk and recorder will not be further altered without approval, and, THAT each Lot shall be used for one single-family dwelling, and, THAT the public water supply system will be provided by the Flathead County Water & Sewer District #1 — Evergreen, and public sewage treatment system will be provided by the Village County Sewer District, City of Kalsipell, and, THAT the public water supply shall be constructed in accordance with the approved plans and specifications, consisting of approximately 450 lineal feet of 12 inch C900 PVC CL 150 water main, one fire hydrant and appurtenances. The public sewage system shall be constructed in accordance with the approved plans and specifications, consisting of approximately 230 lineal feet of 8 inch SDR 35 PVC sewer main, one manhole and appurtenances. Approval is based on the plan sheet 1 of I dated received March 13, 2001. Both the plans and specifications were received under the seal of Andrew J. Hyde P.E. # 07939E, and, THAT construction will be completed within three years of this date. If more than three years pass before construction is completed, it shall be necessary to resubmit the plans and specifications when construction is anticipated. This three-year expiration period does not extend any compliance schedule requirements pursuant to enforcement action against a public water/sewage system. THAT the stormwater drainage will consist of two curb inlets, a collection basin, one outlet in the dispersal area, and a berm 20 feet x 200 feet x 20 feet in accordance with the approved plan sheet 2 of 2 received dated May 7, 2001under the seal of Andrew J. Hyde, PE #7939E, and, Page 2 of 2 Glacier Village Greens Phase XI Flathead County E.Q.#01-2100 THAT within 90 days after construction is completed upon a public water system, wastewater system, or storm drainage system, or upon an extension of or addition to such a system, the professional engineer shall certify to the Department that the construction, alteration or extension was completed in accordance with the plans and specifications approved by the Department, and, THAT project certification shall be accompanied by a complete set of "as -built" drawings bearing the signature and seal of the professional engineer, and, THAT instruments of transfer for this property shall contain reference to these conditions, and, THAT the developer and/or owner of record shall provide each purchaser of property with a copy of the Plat, and a copy of this document. and, THAT plans and specifications for any proposed sewage treatment systems will be reviewed and approved by the county health department and will comply with local regulations and ARM, Title 17, Chapter 36, Subchapters 3 and 9, before construction is started. THAT departure from any criteria set forth in the approved plans and specifications and Title 17, Chapter 36, Sub -Chapter 1,3, and 6 ARM when erecting a structure and appurtenant facilities in said subdivision without Department approval, is grounds for injunction by the Department of Environmental Quality. THAT pursuant to Section 76-4-122 (2)(a), MCA, a person must obtain the approval of both the reviewing authority under Title 76, Chapter 4, MCA, and local health officer having jurisdiction, before filing a subdivision plat with the county clerk and recorder. YOU ARE REQUESTED to record this certificate by attaching it to the filed in your office as required by law. DATED this 7"' day of May, 2001 JAN P. SENSIBAUGH DIRECTOR By: /)/" /,,v , d / it— Theres sazic:.vich, Supervisor Subdi 'sion Section Permitting and Compliance Division Department of Environmental Quality Owner's Name: Glacier Village Greens. Inc SUBDIVISION IMPROVEMENT AGREEMENT THIS AGREEMENT, made and entered into this day of , 2002, by and between CITY COUNCIL, CITY OF KALISPELL, MONTANA, Parry of the First Part and hereinafter referred to as the CITY, and OWENS VENTURES, Parry 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 Glacier Village Greens Phase XI, located in Kalispell, Montana in the SW '/4 NE `/4 and NW '/4 SE 1/4 of Section 32, Township 29N, Range 21 W, Flathead County, Montana; and, WHEREAS, the City has conditioned its approval of the final plat of Glacier Village Greens Phase XI 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 B"; and, WHEREAS, the estimated total cost of construction of said remaining improvements is the sum of $33,415, the required additional 25% of the estimated total cost of construction is $8,354, and the total amount of the required financial security is $41,769. 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 $41,769. 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 $41,769, which represents 125% of the estimated cost of completing the required improvements in Glacier Village Greens Phase M. 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; Page I 2. That said required improvements shall be fully completed by October 31, 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 ]mows of no defects in those improvements; d. That these improvements are free and elm 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 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 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. Page 2 That this agreement shall inure to the benefit of and be binding upon any successors in interest, heirs, or assignees. Page 3 IN WITNESS WHEREOF, the Parties to this agreement have hereunder set their hands and seals the day and year herein before written. DEVELOPER: Owens Ventures Glacier Village Greens Phase XI By: /'"� C d - --�- CLII C74it e� — (Title) STATE OF MONTANA, COUNTY OF FLATHEAD On this day of J. a 2002, before me, a Notary Public for the State of Montana, personally appeared E 6. D,Van c 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) Notary Publfc for the State of Montana Residing My Commission Expires r .3 This agreement is hereby approved and accepted by the City of Kalispell this day of .2002. MAYOR, CITY OF KALISPELL ATTEST: By: By: Pam Kennedy, Mayor Finance Director Page 4 GLACIER VILLAGE GREENS PHASE XI SUBDIVISION IMPROVEMENTS AGREEMENT COST ESTIMATE JUNE 4, 2002 S 1 �� "} P�'� i�"%r, �i7"CIF SERUM j, i?tZ%CY$4r lyy i.�t�,":w. Phi 1 ® •� © THE ESTIMATED COSTS LISTED ABOVE ACCURATELY REFLECT THE ENGINEERS OPINION OF CONSTRUCTION COSTS FOR THE REMAINING IMPROVEMENTS REQUIRED IN THE CONDITIONS OF PRELIMINARY PLAT APPROVAL OF THE GLACIER VILLAGE GREENS PHASE XI. CARVER ENGINEERING, INC. \qMt O N Tq'Bn A D E H '� :fGISTER # iv ' t it AL ANDREW J. HYDE, P.E. 6/4/02 8:25 AM Page 1 Sub Imp Agree Cost $ Est FINAL ra Carver Engineering, Inc. Consulting Engineers June 4, 2002 Civil Structural Environmental Narda Wilson Tri-City Planning Office Kalispell, MT Subject: Glacier Village Greens Phase XI Status of Improvements Dear Narda: Please accept this letter as evidence that the public infrastructure improvements required for Phase XI of Glacier Village Greens in the conditions of the Preliminary play approval have been installed except for those items listed in the Subdivision Improvements Agreements. 0 Please let me know if you require additional information. Sincerelv, x :9 CARVEt G, INC. o T.QA A EW G So H DE 9E ' a i rsrE� Andrew r ,'%r . c AJI m G O N a x Ul N ai OJ 7 fi N 8 H spell Mmftmsseos-Mr- a0er?68-7M rim4ft75e-7758 June 12, 2002 Andrew J. Hyde, P.E. Carver Engineering, Inc. 1995 Third Avenue East Kalispell, Montana 59901 Re: Glacier Village Greens Phase XI Dear Andy: Please also reference my letter dated March 30, 2001 approving the sanitary sewer and storm drainage systems. I have reviewed the plans submitted this date which show the road section including sidewalks. These plans are hereby approved by the Public Works Department. We look forward to working with you on completing this project. Respectfully, Richard Amerman, P.E. Assistant City Engineer BY MESSENGER V Copy To: Narda Wilson, Senior Planner, Tri-City Planning Office Fuergreen Vel Fire oeil P.O. Box 5008 Kalispell, MT 59903 USA Phone 752-4636 Fax 752-1540 May 77 2002 Duane Bitney & George Schulze 500 Palmer Drive Kalispell, Montana 59901 Dear Madam/ Sir, Subject: Fire Review of Village Greens Phase XL On inspection of Village Greens Phase XIby Evergreen Volunteer Fire .Department persomrel The roads and hydrant spacing appear to meet the fire requirements of Evergreen Volunteer Fire Department. Ken Cox Evergreen Volunteer Fire, Chief d Ted Stewart Evergreen Volunteer Fire, Fire Marshal rd Wtl0r :60 200z Lo 'FeW OVSLZSL : 'ON Xtl� ; WOad RPK-tl8-2UU2 WED U4:18 PM hLTHD REG DEV FAX � Tri-City Planning Office 17 Second St East, Suite 211 Kalispell, MT 59901 Phone: (406) 751-1850 Fax: (406) 751-1858 PETITION FOR ANNEXATION AND INITIAL ZONING CITY OF KALISPELL NAME Of APPLICANT: FLATHEAD VILLAGE GREENS L.L.C. MAIL ADDRESS: 500 PALMER DRIVE CITY/STATE/ZIp:KALI,EPELL, MT. 59901_ pHONE:406-752-5666 INTEREST IN PROPERTY: OWNER Other Parties of Interest to be Notified: PARTIESOFiNTERBST: HOMEOWNERS ASSOCIATION MAILADDRESS: BOX 5173 CITYiSTATE/ZIP:KALISPELL, MT. 59901 PHONEA06-75F-0800' 1NTERESTINFROPERTY: HOMEOWNERS ASSOCIATION PLEASE COMPLETE THE FOLLOWING: Address of the property: 'ten r+A' and - of T?,Ast Ni ckl-a„ s n Legal Description: see attatihed (Section, Township, Range) (Attach metes and bounds as Exhibit A) The present zoning otthe above property is: -4 The proposed zoning of the above property is: +R- 5 State the changed or changing conditions that make the proposed amendmentnwesssrT Pro erty now adjacent to city limits -continuation of earlier approved master plan * * * * * * * * * * * * * * * * * * ♦ * * * * * * * * * * * * * * * * * * * * * * * * * The signing of this application signifies that the foregoing information is true and accurate based upon the best information available and further grants approval for Tri-City Planning staff to be present on the property for routine inspection during the annexation process• f i APR - ,18 2002 TRI-CITY PLANNING OFFICE f OA❑ r m rr y m a- m2ac mmVy NAr SyX�r- Eaxy D Z Zyr z Omv A a A3my mm�z ANyN b Doi Abz VY D C tiy. z`= c2i 1N"z :g � V.y N j Y .N W mzI .bD #Y 2y2 BI v _ �+mN a m — x m �3 3 3{c{ Z m2222ZZZm7mAZ m xmmmmmmmxmxva £i^,+£f Efff£yf yf f1 � n56 U v m 3 .y+3 mL1Nf NN.yf uA m mD mGZIy Z O n CZ1L.l+y LZiyD x Ammrfimcm m Z�C Z N m �Dcx<AAmAI'+A amp 1$ O m m znenNN aCxyA — i am' Armma a_ma_mi z S ZmZAZA y<HOa xm Q 2 nnv n a- C mmc z in \ m m n m p m < a G r G m �� Sol SZ.•yy_m T q1 �4� 1 1 Nxv ym Ix'IWA ppo o •a zy AIA � l �p DnN G T.N Nym m rrA x m Nfa m , •N cmd A'U D C<I DOr nm ZN N N Am N ' <E Af nla'1 av UI mC "IJ �p T2 ZZ m n m It N• m N N v - d' D N m n Ny fmyy rZ i W.D-ID Y.ACNa W W v xN D DCU A i 22 \ m zn b_N mNr y A J,'"nbtl N.s Y D D � N p � WHITEFI � y � .R'SPARK ^q ACIFx vaE XGe GREENS IQ CARVER ENGINEERING, TNC. PHASag I; _ Cuistilling .,i:ro LOT LAYOUT 1993 M.l . WATER AND SEWER PLAN �uwrnane A TRACT OF LAND, SITUATED, LYING, AND BEING IN THE SOUTHWEST QUARTER OF THE NORTHEAST. QUARTER AND IN THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 32, TOWNSHIP 29 NORTH, RANGE 21 WEST, P.N.,N., FLATHEAD COUNTY, MONTANA, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS TO WIT: . BEGINNING at the northwest corner of LOT 9B, as shown on the Plat of Glacier Village Greens, Phase X (records of Flathead County,. Montana), which is a found iron pin on the easterly R/W of a 60 foot private road and utility easement known as East Nicklaus Avenue; Thence N78*25'27•W 60.99 to a found iron pin on the westerly R/W of said East Nicklaus Avenue, Thence leaving said R/W N88*46'49"W 108.00 feet to a found iron pin; Thence N07024.070W 97.10 feet to a set iron pin; Thence M00*46104•W 76.05 feet to a set iron pin; Thence U02038132•E 38.01 feet to a set iron pin;.,. Thence N04*32'0008 145.30 feet to a set iron pin; Thence S88*15916"E 442.41 feet to the approximate left bank Whitefish River; Thence along said left bank 561*05!47"W 101.48 feet; Thence leaving said bank N89657'21•W 21.27 feet to the approximate thread of said Whitefish River; Thence along said thread the following two (2) courses; 502*21113•E 247.57 feet; 503000.27•W 63.54 feet; Thence leaving said thread M880461491OW•170.95 legit to the point of beginning and containing 2.929 ACRES, more or less; Subject to and together with all appurtenant easements of record.° APR 103-2002 WED 04:19 PM FLTHD REG DEV OFFICE FAX NO. 406 t8 5781 P. 04 PETITION NO.: PETITION TO ANNEX . AND NOTICE OF wITHDRAWAL FROM RURAL PIKE 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 immediately upon annexation of the land all City of Kalispell municipal services will be provided to the property described hernia on substantially the same basis and in the same manner as such services are provided or made available to other properties within the rest of the municipality. Petitioner(s) hereby state that there is no need to prepare a Municipal Ammaxation Service Plan for this annexation pursuant to Section 7-2-4610, MC -A. since the parties are in agreementas to the provision of municipal services to the property requested to be annexed. The Petitioners) intent to have the property as herein described withdrawn f mAe £uERGREEN VOL- Bm#fire District under the provisions of Section 7-33-2I27, M rQorated into this Petition to Annexis 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 Kalispell, the property shall, be detracted from said district. In the event the property is not immediately annexed, the Petitioners) farther agree(s) that this covenant shall rug 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 of the above described :property. This City bereby agrees to allow Petitioner(s) to connect and receive the utilities from the City of Kalispell. Iltitioner/Owner Petitioner/Owner Please return this petition to: Tri-City Planning Office 17 2a0 St East, Suite 211 Kalispell MT 59901 NOTE: Attach Exhibit A STATE OF MONTANA ) as 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 tome he/she executed the same. IN WITNESS 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: STATE OF MONTANA ) : ss County of Flathead County On this $4,� day of O'Ibeh the State of Moatana,.pers nally appeared to me to be the person whose name is subscribed to i to me that he/she executed the same. IN WITNESS WIWWF, I have hereunto set my p year in thisccgteove written. // ?Q'ap;qi'Z�= Rol �.r Res i SEAL . My STATE County of Flathead a Notary Public for .a _ known and affixed 7otary�jySeal the day and Public Y of Montana' B at nmiSala expires: -31 D-5 On this day of I before me, the undersigned, a Notary Public for The State of Montana, personally appeared and ,the and respectively, of the corporation that executed the foregoing Instrument, and the persons who executed said instrument an behalf of said corporation, and acknowledged to me that such corporation executed the same. IN WITNESS 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 PRELIMINARY SUBDIVISION CERTIFICATE OF TITLE Policy No. 7208926- 1 1 10 CHICAGO TITLE INSURANCE COMPANY To the County of Flathead rand the City of Ka 1 i 5pel 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 23rd day of May , 2002 , at 5 o'clock P.M., the title to the described real estate was indefeasibly vested in fee simple of record in: Go Development, L.L.C., A Montana Limited Liability Company subject only to the objections, liens charges, encumbrances and other matters shown under Schedule B hereof. The maximum liability of the undersigned underthis certificate is limited to the sum of $10, 000, 00 This certificate of title is made in consideration of the payment of the premium by the subdivider of the land and for the use of the County and City above named. Authorized S�1 CMCAGO TITLE INSURANCE COMPANY Reorder Form No. 9113 (Reprinted 12/00) Preliminary Subdivision Certificate of Title For Use In Montana SCHEDULE A Page 2 Certificate No.: 7208926-1110 Our File No.: CG-33345 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 Southwest Quarter of the Northeast Quarter (SW1/,NEI/,) and in the Northwest Quarter of the Southeast Quarter (NW'/,SEI/,) of Section 32, Township 29 North, Range 21 West, P.M.,M., Flathead County, Montana, and more particularly described as follows: Beginning at the Northwest corner of Lot 9B, as shown on the Plat of Glacier Village Greens, Phase X (records of Flathead County, Montana), to a point on the Easterly R/W of a 60 foot private road and utility easement known as East Nicklaus Avenue; thence North 78025127/1 West, a distance of 60.99 feet to a point on the Westerly R/W of said East Nicklaus Avenue, which is the P.C. of a 370.00 foot radius curve, concave Southwesterly (radial bearing North 88046149/1 West); thence Northeasterly and Northwesterly along said R/W and along said curve through a central angle of 03005155/1 an arc length of 20.01 feet to a point; thence leaving said R/W North 88046149/1 West, a distance of 114.00 feet; thence North 0405.012011 West, a distance of 38.21 feet; thence North 08045145/1 West, a distance of 38.58 feet; thence North 05017151/1 West, a distance of 38.25 feet; thence North 01010124/1 West, a distance of 38.03 feet; thence North 02054145/1 East, a distance of 38.02 feet; thence North 04032100/1 East, a distance of 114.19 feet; thence South 88046149/1 East, a distance of 144.05 feet to the centerline of said road; thence along said centerline South 04032,001, West, a distance of 20.03 feet; thence leaving said centerline South 88046149/1 East, a distance of 197.80 feet to the approximate thread of Whitefish River; thence along said thread the following two (2) courses; South 02021113/1 East, a distance of 251.95 feet; South 03000127/1 West, a distance of 63.54 feet; thence leaving said thread North 88046149/1 West, a distance of 170.95 feet to the Point of Beginning. To Be Known as: GLACIER VILLAGE GREENS, PHASE XI Page 3 Certificate No.: 7208926-1110 Our File No.: CG-33345 Being all of the estates, interests, equities, lawful.claims, or demands, defects, or objections whatsoever to title; and all easements, restrictions, liens, charges, taxes (general, special, or inheritance, or assessments of whatever nature), or encumbrances; and all other matters whatsoever affecting said premises, or the estate, right, title, or interest of the record owners, which now do exist of record. 1. Property taxes, including any assessments collected with the taxes, for the year 2002. 2. Taxes, charges, and assessments of Village County Sewer District, payable with the general taxes. 3. Reservations in Patents or the acts authorizing the issuance thereof. 4. 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. 5. Any claim arising from the difference in the mean low water of Whitefish River and the meander line as shown by the Government Survey. 6. The right of use, control, or regulation by the United States of America in exercise of power over navigation. 7. Right of the Public to use, for recreational and navigational purposes, any portion of said premises lying below or beyond the line of high-water of Whitefish River, or lying below or beyond any government meander line, together with the right to use portions of said premises lying above the high-water line to portage around any barriers. 8. Agreement for waterworks system, recorded July 14, 1906 under Recorder's Fee #3491, in Book 54, page 635, and agreement conveying said waterworks system, recorded March 6, 1915 under Recorder's Fee #697, in Book 112, page 332, records of Flathead County, Montana. 9. Notice of Appropriation of Water Right, recorded September 23, 1919 under Recorder's Fee #3353, in Book 129, page 170, records of Flathead County, Montana. 10. Notice of Appropriation of Water Right, recorded August 24, 1936 under Recorder's Fee 42621, in Book 221, page 297, records of Flathead County, Montana. 11. Easement for transmission line and related purposes granted to Pacific Power & Light Company, recorded March 17, 1958 under Recorder's Fee #1704, in Book 414, page 455, records of Flathead County, Montana. 12. The restrictive covenant that mobile homes or factory built homes designed for transport wherein the transport frame is an integral part of the structure shall not be allowed on the property, notice given by instrument recorded November 14, 1991 as Document #9131809210, records of Flathead County, Montana. 13. Easement for transmission line and related purposes granted to Northwestern Telephone Systems, Inc., by instrument recorded November 8, 1985 as Document #8531211540, records of Flathead County, Montana. 14. Terms and provisions contained in the Articles of Incorporation of Glacier Village Greens, Subdivision Phase I Homeowners Association, Inc., and By -Laws of Glacier Village Greens Subdivision Phase I, Homeowners Association, Inc., recorded November 17, 1988 as Document #8832213420, records of Flathead County, Montana. 15. Certificate of Inclusion of Additional Territory into Flathead County Water District #1 - Evergreen, and rules and regulations adopted thereby, recorded March 26, 1986 as Document #8608513410, records of Flathead County, Montana. 16. Village County Sewer District Levy of Assessment filed September 2, 1988 as Document #8824609380, records of Flathead County, Montana. 17. Terms and provisions contained in Agreement regarding the development of Glacier Village Greens, recorded October 5, 1989 as Document #8927811250, records of Flathead County, Montana. 18. Easement for transmission line and related purposes granted to Pacific Power & Light Company, a corporation, recorded August 22, 1986 as Document #8623409430, records of Flathead County, Montana. 19. Terms and provisions contained in Interlocal Agreement regarding Flathead County Water & Sewer District No. 1 - Evergreen, filed October 25, 1990 as Document #9029809200, records of Flathead County, Montana. 20. Terms and provisions contained in Interlocal Agreement regarding Sanitary Sewer for Evergreen Water and Sewer District, filed November 27, 1991 as Document #9133111370, records of Flathead County, Montana. 21. Easement for transmission line and related purposes granted to Pacificorp, a corporation, dba Pacific Power & Light Company, recorded March 23, 1992 as Document #9208315180, records of Flathead County, Montana. 22. Easement for transmission line and related purposes granted to The Montana Power Company, recorded October 20, 2000 as Document #200029409030, records of Flathead County, Montana. i 23. Terms and provisions contained in Resolution No. 4590 regarding annexation to the City of Kalispell, recorded November 2, 2001 as Document #200130609070, records of Flathead County, Montana. 24. Temporary Cul-De-Sac as shown on Certificate of Survey #15027. 25. Certificate of Private Roadways, utility easement certificate and notes as shown on the unrecorded plat of Glacier Village Greens, Phase XI. 26. A 60 foot private road and utility easement known as East Nicklaus as shown on the unrecorded plat of Glacier Village Greens, Phase XI. 27. Ten foot utility easements as shown on the unrecorded plat of Glacier Village Greens, Phase XI. 28. Golf course maintenance easements as shown on the unrecorded plat of Glacier Village Greens, Phase XI. 29. A 55 foot radius temporary cul-de-sac as shown on the unrecorded plat of Glacier Village Greens, Phase XI. 30. The requirement that Sterling Title Services be furnished a copy of Go Development, L.L.C.'s agreement, authorizing proposed transaction and directing the execution of the proper instruments. 31. No search has been made for water rights and unpatented mining claims and liability thereon is excluded from coverage of this Certificate. Ur AwJ Ur Ih'LIK 6UUINUAiiIES UR EASEMENTS AND ROAO'NAYS LAMA lAM A i 15 14 13 12 4 TRL 5 11 lAF 1AC 1 10 12 11 1AE �J 1PA 7 I 13 10 I a 14 TH I BLUFF I II I I a I PARK 1AGBA 8 i 7 1AGBDA IAG88 IAGBE iAG8 IAGBD IAGBDAA I 29 I 30 I lg� 31 I 32 I 33 �Q- I 3� L 57 35 I -%4 a +� 3 38 1BE I 9 37 2 10A I 10 1BB 70 i 11 1BC 39 40 100 12 28 ----- G� 1 2 2BA 3 4A 2 SA 3BF r 1+ U 3ADA p $ y� F 3AB 14 1 8 9 10 11 12 13 7 cL 21 20 19 18 15 1718 3AA alz 15 3ADJAVIA IAOJB 26 3A0%A 24 1 21 z0 19 1B 3ADKAB 3E 2D 38 HIS NFO ITY TCH IS FURNISHED FO TION PURPOSES ONLY LOCATIU WITH REFE FO ASSIST IN RENCE JQ 2ce STRE 36KEPR T S AND OTHER PARCELS. NTATION IS MADE AS TO NO ACCURACY AND T RLING TITLE SERVICES ASSUMES PJO LI B LITY FOR ANY LOSS OC URRING BY 2cc 3aBI 3fifeAS {� OF RELIANCE THEREON. i5 2A+ n6 I 2CA 3BBD PLAT ROOM FLATHEAD COUNTY, MONTANA 800a.MAIN 10MISPELI., MT 59901 (406) 758-5510 THIS FORM IS FOR SUBDIVISIONS AND CONDOMINIUMS ONLY JJ�/O; - p BY: : SQNIGI S Goc.ePoy� LLB FOR: S DATE: y1S/p0 DESCP: G/-C,er ✓, lla9e Greens Ph PURPOSE: i010,t ( tR r 4- as ) 3-R-a9-2i YEARS ASSESSOR # 1992 THRU /99qy D 9 77/3S /%9'9 AND TO DATE Ate. 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. 1 r . fiery DEFY "TREA-&j* SEAL-0 0 3 ZGM P.O. BOX 27 • KALISPELL, M7 59903 PEMITEB OWL CORPOR_ATION_ _. PALY 10 r 5 CIRDE -,- __ CITY_ _O_F_KALISPE_LL EXACTLY_ **417,69_1-1ND_ 00/1-0_0 _DOLLARS_. �THFO F A OFMi. 57 PALL M� ... 1:0960 L676 4103710019; - 6/04/02 - - -- - $41,769.00 37 L00 19 Lill