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2. Final Plat Approval - Westgate Subdivision4 Flathead Regional Development Office 723 5th Avenue East - Room 414 Kalispell, Montana 59901 - Phone: (406) 758-5980 Fax: (406) 758-5781 REPORT TO: FROM: SUBJECT Kalispell Mayor and City Council Narda A. Wilson, Senior Planner Chris A. Kukulski, City Manager Final Plat for Westgate Subdivision MEETING DATE: April 2, 2001 BACKGROUND: This is a request for final plat approval of Westgate Subdivision, a four lot commercial subdivision on approximately 2.4 acres. The property is located on the west side of Corporate Way, north of Highway 2 West in Kalispell. Water and sewer along Corporate Way were installed and accepted by the City of Kalispell in 1995 in association with other development in the area. As part of this subdivision approval, some additional improvements have been installed along Corporate Way and the private road to the north including curb, gutter, sidewalks and underground utilities. The only remaining improvement left to be completed is the placement of the trees in the boulevard. A subdivision improvements agreement has been submitted along with a letter of credit in the amount of 125 percent of the costs of the improvements. As an additional note, the roadway along the northern boundary of the subdivision was paved to the western property boundary rather than just to the driveway for the apartments. This roadway provides access to the senior housing project and for the fire department. The road will be privately owned and maintained. Preliminary plat approval was granted by the Kalispell City Council on May 17, 1999 subject to 11 conditions. All of the conditions of approval have been met or otherwise adequately addressed. RECOMMENDATION: A motion to accept the subdivision improvements agreement and approve the final plat for Westgate Subdivision would be in order. FISCAL EFFECTS: Minor positive impacts once developed. ALTERNATIVES: As suggested by the city council. C�L� Narda A. Wilson Chris A. Kukulski Senior Planner City Manager Report compiled: March 28, 2001 Attachments: Letter of transmittal Final plat application and supporting documents Providing Community Planning Assistance To: • Flathead County • City of Columbia Falls • City of Kalispell • City of Whitefish Flathead Regional Development Office 723 5th Avenue East - Room 414 Kalispell, Montana 59901 Phone: (406) 758-5980 Fax: (406) 758-5781 March 28. 2001 Chris Kukulski, City Manager City of Kalispell P.O. Box 1997 Kalispell, MT 59903 Re: Final Plat for Westgate Subdivision Dear Chris: Our office has received the application for final plat approval of Westgate Subdivision, a four lot commercial subdivision on the west side of Corporate Way, north of Highway 2 West in Kalispell. The entire subdivision contains 2.404 acres and is zoned B-2, General Business. Preliminary plat approval for this subdivision was granted by the city council on May 17, 1999 subject to 10 conditions. The following is a list of the conditions of approval and a discussion of how they have been met. COMPLIANCE WITH CONDITIONS OF APPROVAL: Condition No 1. That the development of the site will be in substantial conformance with the approved preliminary plat which shall govern the general location of the lots and accesses. This condition has been met. The subdivision complies with the preliminary plat. Condition No 2. That all improvements for the subdivision shall be designed and constructed in compliance with the City of Kalispell's Design and Construction Standards for local streets. Certification from an engineer licensed in the state of Montana shall be submitted with the final plat stating that all of the improvements have been constructed accordingly. This condition has been met. Water and sewer for the subdivision existed in Corporate Way at the time the preliminary plat was filed. The City and State MDEQ have reviewed, approved and accepted the improvements which have been certified by Carver Engineering. Condition No 3. That approval of the water and sewer facilities for the subdivision be obtained from the Montana Department of Environmental Quality and the Kalispell Public Works Department. This condition has been met. Water and sewer improvements have been installed in accordance with City standards and have been accepted by the City. Approval Providing Community Planning Assistance To: • Flathead County • City of Columbia Falls • City of Kalispell • City of Whitefish Westgate Subdivision Final Plat March 28, 2001 Page 2 from the State MDEQ and the City have been included with the final plat application. Condition No 4. That a letter from the Kalispell Public Works Department shall be obtained which states that the proposed plans and specifications all improvements including pavement, curbs, gutters, sidewalks, landscaping and drainage systems have been reviewed and approved in accordance with Kalispell's Design and Construction Standards and have been constructed accordingly for Corporate Way. This condition has been adequately addressed. All of the required improvements have been installed in accordance with City standards with the exception of the landscaping for with a subdivision improvements agreement has been submitted. A letter from the Kalispell Public Works Department verifying those improvements has been submitted with the final plat application. Condition No 5. A letter from the Kalispell Public Works Department shall be obtained which states that a storm water drainage plan which addresses storm water management has been reviewed and approved. This condition has been met. A letter from the Kalispell Public Works Department has been submitted with approves drainage management for the subdivision. Condition No 6. That the future roadway indicated on the plat be constructed with curb and gutter and a sidewalk on the north side of the roadway to City standards to the western terminus of the driveway to the north serving the apartment complex to the north. The remaining portion of the roadway shall be of gravel construction with a temporary cul-de-sac at its terminus. The roadway shall be identified on the plat as a 60 foot wide road and utility easement with a 55 foot temporary cul-de-sac. The roadway shall be privately owned and maintained until such time as subsequent development may necessitate its dedication to the City. A note shall be place don the face of the final plat stating that this roadway is privately owned and maintained. This condition has been adequately addressed. The roadway to the north serving the senior housing has been constructed with curb, gutter and sidewalk along the north side of the road and the pavement extended to the westerly edge of the property boundary. There is a note on the plat that the roadway will be privately owned and maintained. Condition No 7. That sidewalks be constructed on the west side of Corporate Way to the driveway entrance to Ashley Square mall to the east. Sidewalks shall be separated by a five foot landscape boulevard and the placement of street trees shall be at 50 foot intervals and shall be a minimum of one and one half inch caliper at planting. This condition has been adequately addressed. Sidewalks have been installed with a five foot boulevard along the west side of Corporate way to the driveway entrance to Ashley Square. The placement of has been addressed through a Westgate Subdivision Final Plat March 28, 2001 Page 3 subdivision improvements agreement which has been submitted with the final plat. Condition No S. That an approach permit be obtained from the Kalispell Public Works Department for the placement of the driveways or access road which will serve the lots in the subdivision. If a cross access road is used, a cross easement should be noted on the plat. This condition has been adequately addressed. As the lots within the subdivision are developed, access from Corporate Way will be coordinated with the public works department so that shared access is accomplished when possible. Condition No 9. That a common mail facility be located for the subdivision and be approved by the local postmaster. This condition has been met. A letter from the U.S. Postal Service has been submitted with the final plat stating that no central delivery site is required at this time. Condition No 10. That the number and location of fire hydrants within the subdivision be reviewed and approved by the City of Kalispell Fire Department. This condition has been adequately addressed. A letter dated 2/26/01 from the Kalispell Public Works Department it is noted that the fire department has approved the location of the existing hydrants, and that as these lots develop additional hydrants and /or sprinkling of the building(s) may be required. Condition No 11. That preliminary approval shall be 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 of the preliminary plat approval. COMPLIANCE WITH APPROVED PRELIMINARY PLAT The final plat is in substantial compliance with the preliminary plat which was submitted and approved. COMPLIANCE WITH THE SUBDIVISION REGULATIONS: This subdivision plat has been found to be in compliance with the State and City Subdivision Regulations. COMPLIANCE WITH THE ZONING REGULATIONS This subdivision complies with the Kalispell Zoning Ordinance and the B-2, General Business, zoning designation. Westgate Subdivision Final Plat March 28, 2001 Page 4 All of the conditions of preliminary plat approval have been met or otherwise adequately addressed. The Flathead Regional Development Office recommends that the Kalispell City Council approve the final plat for this subdivision. Please note that the subdivision improvements agreement should be accepted along with the final plat approval. Please schedule this matter for the regular city council meeting of April 2, 2001. You may call me at (406) 758-5980 if I can be of assistance to you regarding this matter. Sincerely, yf / Narda A. Wilson Senior Planner NW/ Attachments: 1 opaque mylar of final plat 1 reproducible mylar of final plat 1 blueline of final plat Letter from Carver Engineering dated 3/6/01 Final plat application dated 3/ 13/01 Letter from Kalispell Public Works dated 2/26/01 Letter from City of Kalispell dated 4/6/95 Letter from MDEQ dated 12/29/00 Letter from Flathead City -County Health Dept. dated 4/ 11/95 Letter from State dated 9/6/85 Letter from USPS dated l/ 18/01 Subdivision improvements agreement dated 3/ 13/01 Letter of credit from Montana First National Title report from Citizens Title dated 3/6/01 Treasurers Certification on taxes dated 3/ 15/01 c: Ronnie Pack, P.O. Box 7068, Kalispell, MT 59904 Sands Surveying, 2 Village Loop, Kalispell, MT 59901 Theresa White, Kalispell City Clerk r r.m Carver Engineering, Inc. Consulting Engineers March 6, 2001 Narda Wilson , Flathead Regional Development Office 723 - 5th Avenue East Kalispell, MT 59901 Re: Westgate - Final Plat Submittal Dear Narda: The following are preliminary plat approval conditions and a brief discussion how each condition has been met. 1.1 The subdivision is in compliance with the preliminary plat. 2. Water, sewer, roads, sidewalks and utility improvements that will serve the four (4) lots in Westgate are existing, and all such improvements were designed and constructed in accordance with the City of Kalispell's Design and Construction Standards in effect at the time the various improvements were constructed. 3. Water and sewer mains serving Westgate are existing and some have been in use for many years. The sewer main in Corporate Way was installed in 1985/86 as a part of improvements for Two Mile Vista Apartments, and the water main in Corporate Way, from Hwy. 2 to the new road along the north side of Lot 4, was installed much earlier than that. The water main, in Corporate Way, from the new road to the north end of the Corporate Way, was installed in 1995 as a part of the reconstruction of Corporate Way. Water and sewer mains in the new road along the north side of Lot 4 were installed with improvements for the Westgate Senior Apartments. Carver Engineering was involved in the Two Mile Vista Apartment project and the Corporate Way Reconstruction project, and approvals from the MDEQ for both projects are attached. An approval letter from City for the Corporate Way project is also attached; however, we could not find an approval letter from the City for Two Mile Vista. They either sent the letter directly to the MDEQ or they called them to give verbal approval. During that era, the engineer sometimes did not receive written approval from the City. Our understanding of City approval usually came from receiving MDEQ approval or a discontinuance of disapproval letters from the City. Page 2 Westgate - Final Plat March 6, 2001 4. See letter from Dick Amerman, dated February 26, 2001. 5. See letter from Dick Amerman, dated February 26, 2001. 6. The roadway along the north side of Lot 4 has been constructed with curb and gutter and with a sidewalk along the north side of the road. The paved road, curb & gutter and sidewalk extend beyond the driveway serving the apartment complex to the westerly edge of the property. This roadway is identified on the plat as a private road and utility easement, and that this road is privately owned and maintained. 7. A sidewalk, with a 5' boulevard, has been constructed along the west side of Corporate Way to the driveway entrance to Ashley Square. The placement of trees has not been done, as yet, and the cost of the proposed trees has been included in a Subdivision Improvement Agreement. 8. Approach permits for driveways will be obtained by the new property owner(s) at the time of development. With the uncertainty of building type, size, location and access needs, driveways will not be installed until specific development plans are known. This was discussed with and agreed to by Dick Amerman. 9. A common mail facility is not required at this time. See letter from Pennie Ulvila, of the U.S. Postal Service, dated January 18, 2001. 10. The Kalispell Fire Department has indicated that additional fire hydrants will likely be needed when development of the lots occurs, but the exact number of hydrants and the most suitable locations for additional hydrants cannot be determined until specific development plans are proposed. See February 26, 2001 letter from Dick Amerman. Please call if you have any questions or if additional information is needed. Sincerely, CARVER ENGINEERING, INC. � j 0( � THO/MAS >VI. el I � COWAN P. 1 10323 P.E. O , Tom Cowan, P.E. Y Flathead Regional Development Office 723 5m Ave. East Room 414 Kalispell, MT 59901 Phone: (406) 758-5980 Fax: (406) 758-5781 FINAL PLAT APPLICATION PROJECT NAME: Plat of Westgate CONTACT PERSON: OWNER: Name: Tom Sands Ron Pack Address: 2 Village Loop P O Box 7068 KalispelL MT 59901 Phone No.: 406-755-6481 Date of Preliminary Plat Approval: May 17. 1999 Type Subdivision: Residential Industrial No. of Lots Proposed: 4 Land in Project (ac.): 2.404 ac. FILING FEE ATTACHED: $400.00 Kalispell. MT 59904 406-752-7785 Commercial _ PUD Other Parkland (ac.) Minor Subdivision with approved preliminary plat Major Subdivision with approved preliminary plat Subdivisions with Waiver of Preliminary Plat Subdivision Improvements Agreement Not Attached Applicabi (MUST CHECK ONE) —X _X X X x Cash -in -Lieu Exempt X $250 + $25/lot $500 + $25/lot $450 + $25/lot $50 Health Department Certification (original) Title Report (Original, not more than 90 days old) Tax Certification (Property taxes must be paid) Consent(s) to Plat (Originals and notarized) Sub. 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 blueline's 4 bluelines, unsigned The plat must be signed by all owners of record, the surveyor and examining land surveyor. City of Kalispell 1WPost Office Box 1997 - Kalispell, Montana 59903-1997 - Telephone (406)758-7700 Fax(406)758-7758 February 26, 2001 Tom Cowan, P.E. Carver Engineering, Inc. 1995 Third Avenue East Kalispell, Mt. 59901 Re: Westgate Subdivision Dear Tom: I have reviewed the General Layout and Drainage Plan for the referenced and have discussed the Subdivision with Narda Wilson at FRDO and the Kalispell Fire Department. All of the four (4) lots are fronted by recently constructed improvements which include Corporate Way with a sidewalk on the west side, sewer, water and street lighting. Additionally, there is a new street and sewer and water north of Lot 4. Since all of the lots are served by the above improvements, it appears that the conditions of final plat that require those improvements have been met. As each lot is developed, it will be subject to specific site' development requirements which could include sidewalks, drainage structures and additional fire hydrants. Also, new sewer and water services may have to be installed depending on the development requirements of each lot. Respectfully, Richard Amerman,P E Assistant City Engineer Copy To: Narda Wilson, FRDO I �01�OiU�pll Incorporated 1892 Telephone (406) 758-7700 Douglas Rauthe FAX (406) 758-7758 Mayor Post Office Box 1997 Zip 59903-1997 Bruce Williams City Manager , arc. April 6, 1995 City Council Members: Richard Montgomery, P.E. Gary W. Nystul Flathead City County Health Department w 1 Ward I 723 5th Avenue East Cliff Collins Kalispell, MT 59901 Ward I Barbara Moses Re: Kalispell Water System Improvements Ward 11 Corporate Drive Dale Haarr Ward II Dear Dick: Jim Atkinson ward In The plans and specifications for the above referenced water improvement project Lauren Granmo have been reviewed by the Kalispell Department of Public Works and found to be Ward III acceptable. The Kalispell water system has adequate capacity to serve the area. Our Pamela B. Kennedy approval is based on documents submitted by Carver Engineering. The plans Ward IV subject to review were dated November 7, 1994 and revised on February 21, 1995. M. Duane Larson Ward IV Please feel free to contact me at 758-7724 if you have any questions. Sincerely, ohn C. Wilson, P.E. Assistant City Engineer cc: Tom Cowan, Carver Engineering DHES/Water Quality Division, Helena Montana Department of Elvnaomm NALQum= Marc Racicot, Governor P.O. Box 200901 •Helena, MT 59620-B9elmlg�44Zta644 • E-mail: www.deq.state.mt.us ENVIRONMENTAL CONSULTING 1995 3RD AVE E KALISPELL MT 59901 RE: Westgate Flathead County E.Q.#01-1770 Dear Mr. Lipp: This is to certify that the information and fees received by the Department of Environmental Quality relating to this subdivision are in compliance with 76-4-127, MCA and ARM 17.36.602. Under 76-4-124, MCA, this subdivision is not subject to review, and the plat can be filed with the county clerk and recorder. Plans and specifications must be submitted when extensions of municipal facilities for the supply of water or disposal of sewage are proposed 176-4-111 (3), MCA}.Construction of water or sewer extensions prior to approval is prohibited, and is subject to penalty as prescribed in Title 75, Chapter 6 and Title 76, Chapter 4. Sincerely, Mary-Sgkoeder Water Quality Specialist Subdivision Section Water Protection Bureau (406) 444-3926 — email mschroeder@state.mt.us cc: City Engineer, City of Kalispell file Centralized Services Division • Enforcement Division Permitting & Compba" Division • Planning, Prevenlion & Assistance Division , Remedistion Division Environmental Health Services Flathead City -County Health Department 721 Fifth Avenue East, Kalispell, MT 59901 (406)758-5760 Fax: 758-5859 April 11, 1995 Mr. Tom Cowan, P.E. Carver Engineering, Inc. 1995 Third Ave. E. Kalispell, MT 59901 Re: Corporate Drive Water Main Ext. (City of Kalispell) Dear Tom: 11 The design report, revised plans, specifications, required documents and certified checklist for the above referenced project have been reviewed by this office and found to be satisfactory. Approval to proceed with the project is hereby given. One set of the plans and specifications showing the approval stamp of this office is enclosed. The project consists of extensions to the existing 12" diameter water main including about 140 L.F. of 12" class 150 PVC pipe, 60 L.F. of 8" class 150 PVC pipe, 10 L.F. of 4" class 150 PVC pipe, One - 6" fire hydrant assembly, two - 8" gate valves, one - 4" gate valve, together with necessary fittings and appurtenances. This approval is given with the understanding that any deviation from the approved plans or specifications will be submitted to this department for re -review and approval. Within 90 days after the project has been completed, the project engineer shall certify to the department that the project was inspected and found to be installed in accordance with the plans approved by the department. This certification shall be accompanied by a set of "as -built" record drawings signed by the project engineer. A mmismiton Community Health Sernces Fmily Pimning Home Heaith Services W It- 758-5750 758-5741 758-5756 862-9030 7585752 It is also understood that construction shall commence within two years of this date. If more than two years pass before beginning construction. it shall be necessary to resubmit the plans and specifications when construction is anticipated. Please contact this office if you have any questions. Sincerely, / 444 ��%P"-, fd Richard T. Montgomery, Environmental Engineer c: Water Quality Division -Drinking Water Section John Wilson, City of Kalispell, DEPARTMENT OF HEALTH AND ENVIRONMENTAL SCIENCES TED SCH W INDEN. GOVERNOR COGSWELL BUILDING September 6, 1985 HELENA• MONTANA S9620 Dennis Carver, P.E. Carver Engineering, Inc. 720 Second Street East Kalispell, MT 59901 Re: E.S. 85-106 City of Kalispell water and sewer main extensions to serve Two Mile Vista Apartments (Project to consist of the installation of approximately 1325 linear feet of eight inch AWWA C900 Class 150 water main with all necessary valves and appurtenances; approximately 450 linear feet of eight inch and 950 linear feet of ten inch SIR 35 PVC gravity sewer main and five standard manholes with a sanitary sewage lift station containing two 250 gpm pumps that discharge into approximately 1000 linear feet of six inch Class 150 PVC force main) Plans and specifications submitted under the signature and seal of Dennis Carver, P.E. - License 163577E Dear Dennis: The above referenced plans and specifications have been reviewed by engineers of the Environmental Sciences Division and were found to be satisfactory. Approval of these plans is given herewith and according to the following provisions: That any change in the above referenced plans will be submitted to the Water Quality Bureau for review prior to the beginning of construction, and, That within 90 days after project construction, the engineer shall certify to the department that the project was completed in accordance with the plans and specifications approved by the department. This certification shall be accompanied by a complete set of "as built" drawings signed by the project engineer, and, That departure from any criteria set forth in the approved plans and specifications without department approval is grounds for injunction by the Department of Health and Environmental Sciences. Sin ely Rick Rosa Environmental Engineer Water Quality Bureau Environmental Sciences Division RR: c a AN EOU<( OPAOR%UNII � EMOI.OVER y - r �UNITED STATES POSTA SERVICE 350 NORTH MERIDIAN ROAD KALISPELL Mr 59901-9998 January 18, 2001 Mr. Tom Cowan Carver Engineering, Inc. 1995 Third Avenue East Kalispell, Montana 59901 Dear Mr. Cowan: D) This is a letter of acceptance of the plat for the Westgate Subdivision located on Corporate Way. Our understanding is that this subdivision is for four commercial building lots. These four lots are approved for city delivery. No central delivery site is required at this time. If you have any questions, you may contact me at 755-6450. Sincerely, Pennie Ulvila Supervisor, Customer Services (204b) PU:maa SUBDIVISION IMPROVEMENT AGREEMENT THIS AGREEMENT, made and entered into this 13� day of _ Ma,-,r Jn , 2001, by and between CITY COUNCIL, CITY OF KALISPELL, MONTANA, Party of the First Part and hereinafter referred to as the CITY, and RONNIE PACK Party of the Second Part and hereinafter referred to as DEVELOPER. W ITNESSETH: THAT WHEREAS, the Developer is the owner and developer of a new subdivision known as Westgate, located in Kalispell, Montana in the SW 1/4, SE 1/4 of Section 12, Township 28N, Range 22W, Flathead County, Montana, and, WHEREAS, the City has conditioned it's approval of the final plat of Westgate, 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 $ 2,550.00 . 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 $ 3,187.50 . Said Letter of Credit or other collateral shall have an expiration date of at least sixty (60) days following the date set for completion of the improvements, certifying the following: a. That the creditor guarantees funds in the sum of $ 3,187.50 , which represents 125% of the estimated cost of completing the required improvements in Westgate. b. That if the Developer fails to complete the specified improvements within the required period, the creditor will pay to the City immediately, and without further action, such funds as are necessary to finance the completion of those improvements up to the limit of credit stated in the Letter of Credit; 2. That said required improvements shall be fully completed by June 15, 2001 3. That upon completion of the required improvements, the Developer shall cause to be filed with the City a statement certifying that: Page 1 a. All required improvements are complete, b. That the improvements are in compliance with the minimum standards specified by the City for their construction and that the Developer warrants said improvements against any and all defects for a period of one (1) year from the date of acceptance of the completion of those improvements by the City; C. That the Developer knows of no defects in those improvements; d. That these improvements are free and clear of any encumbrances or liens; e. That a schedule of actual construction costs has been filed with the City; and, f. All applicable fees and surcharges have been paid. 4. The Developer shall cause to be filed with the City copies of final plans, profiles, grades and specifications of said improvements, with the certification, of the registered professional engineer responsible for their preparation, that all required improvements have been installed in conformance with said plans and specifications. IT IS ALSO 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. That this agreement shall inure to the benefit of and be binding upon any successors in interest, heirs, or assignees. Pase 2 r IN WITNESS WHEREOF, the Parties to this agreement have hereunder set their hands and seals the day and year herein before written. WESTGATE SUBDIVISION RONNIE PACK By: - �h (Title) STATE OF MONTANA, COUNTY OF FLATHEAD On this 1344 day of � a1� -CJI 20 01 , before me, a Notary Public for the State of Montana, personally appeared R on n t e 1�a,r,lC 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 vea FA above written. r` 01? I�( NotdryPubL for the State of Montana Ca L ?.�� `t j Residing at Ka �tsne-l. l Jim:• My Commission Expires 2-/ 1 S /03 OF tom; NNrMIw This agreement is hereby approved and accepted by the City of Kalispell this day of , 20_ MAYOR, CITY OF KALISPELL ATTEST: Mayor M Finance Director Page 3 RESOLUTION NO. " A RESOLUTION CONDITIONALLY APPROVING THE PRELIMINARY PLAT OF ASSESSOR'S TRACT 7A, SECTION 12, TOWNSHIP 28 NORTH, RANGE 22 WEST, P.M.M. KALISPSLL, PLATHEAD COUNTY, MONTANA. WHz-RE,S, Ronnie Pack, the owner of certain real property described as Assessor's Tract 7A, Section 12, T29N, R22W, P.M.M., Kalispell, Flathead. County, Montana, has petitioned for approval of the subdivision Plat of said property, and WHEREAS, the proposed subdivision plat of said property is subject to the provisions of Section 2.05 (Preliminary Plat Process -Minor Subdivision), Subdivision Regulations of the City of Kalispell, ar_d wuaz-AS, the Flathead Regional Development Office has reviewed the proposed subdivision and made a report (#KSR 99-2) to the City Council of the City of Kalispell, said report considering the criteria set forth in Section 76-3-608, MCA, and WHEREAS, the City Council of the City of Kalispell at its regular Council Meeting of May 3, 1999, reviewed the FR70 Report #KSR 99-2, reviewed the recortriendations of the Kalispell City - County Planning Board and Zoning Commission, and found from the Preliminary Plat, and evidence, that the subdivision is in the public interest. NOW THEREFORE, B.� IT RESOLVEn BY THE CITY COUTCIL OF THE CITY OF KALISPELL, MONTANA AS FOLLOWS: SECTION I. That the Findings of Fact contained in Flathead Regional Development Office Report #KSR 99-2, are hereby adopted as the Findings of Fact of the City Council. =110N.-II• That the application of Ronnie Pack, the owner of certain real property known as Assessor's Tract 7A, Section 12, T29N, R22W, P.M.M., Kalispell, Flathead County, Montana is hereby approved subject to the following conditions: 1. That the development of the site will be in substantial conformance with the approved breliminary plat which shall govern the general location of the lots and accesses. 2. That all improvements for the subdivision shall be desicned and constructed in compliance with the City of H:\at:sec\`+p\res',plata\weetgate.vpd 1 Kalispell's Design and Construction Standards for local streets. certification from an engineer licensed in the State of Montana shall be submitted with the final plat stating that all of the improvements have been constructed accordingly. 3. That approval of the water and sewer facilities for the subdivision be obtained from the Montana Department of Environmental Quality and the Kalispell Public 'Works Department. 4. That a letter from the Kalispell Public Works Department shall be obtained which states that the proposed plans and specifications for all improvements including pavement, curbs, gutters, sidewalks, landscaping and drainage systems have been reviewed and approved in accordance with Kalispell's Design and Construction Standards and have been constructed accordingly for Corporate Way. 5. A letter from the Kalispell Public Works Department shall be obtained which states that a storm water drainage plan which addresses storm water management has been reviewed and approved. 6. That the future roadway indicated on. the plat be constructed with curb and gutter and a sidewalk on the north aide of the roadway to City standards to the western terminus of the driveway to the north serving the apartment complex to the north. The remaining portion of the roadway shall be of gravel construction with a temporary cul-de-sac at its terminus. The roadway shall be identified or the plat as a 60 foot wide private road and utility easement with a 55 foot radius temporary cul- de-sac. The roadway shall be privately owned and maintained until such time as subsequent development may necessitate its dedication to the City. A note shall be placed on the face of the final plat stating that this roadway is privately owned and maintained, 7. That sidewalks be constructed on the west side of Co--perate Way to the driveway entrance to Ashley Square mall to the east. Sidewalks '.shall be separated by a five foot landscape boulevard and the placement of street trees shall be at 50 foot intervals and shall be a minimum of one and one half inch caliper at planting. 9. That an approach permit be obtained from the Kalispell Public Works Departmen= for the placement of the H:\ar-sec\•+p%res%plans\sestgate.-pd 2 i r -ry l CCL: AN 51, ..:2-7 66-6Z-i1111c f r' driveways or access road which will serve the lots in the subdivision. If a cross access road is, used, a cross easement should be noted on the plat. / 9. That a common mail facility be located for the subdivision and be approved by tie local postmaster. lo. That the number and location of fire hydrants within the subdivision be reviewed and approved by the City of Kalispell Fire Department. =arO�. The classification of said premises under the Kalispell Zoning ordinance shall not be changed by the action. �Cgc*rSON Sy. That this preliminary plat should be effective for three (3) years following passage of this Resolution. c*eCTiON V_. That upon proper review and filing of the final plat o! said subdivision in the office of the Flathead County Clerk and Recorder, said premises shall be a subdivision of the City of Kalispell. PASSED XND APPROVED BY THE CITY CCUNCIL OF THE CITY OF KALISPELL AND SIGNED BY THE MAYOR THIS "v DAY OF MAY, 1999. sb, E 501TY ki . wm. E. Boharski Mayor ATTEST: Theresa white City Clerk H:\attsec�wp\ran\p-ata\westgate.'dpd 3 EXHIBIT "B" CERTIFICATION OF WORK TO BE COMPLETED WESTGATE SUBDIVISION PRIVATE ROAD NORTH OF LOT 4 COMPLETED TO DATE 6-Mar-01 Item No. Description Unit Measure Estimated Quantity Unit Pace Total Price QUANTITY COMPLETED TOTAL COST COMPLETED 101 Unclassified Excavation C.Y. 720 $ 3.25 S 2,340.00 720 $2.340-00 102 Select Sub -Base, 3" 1-) Ph Run Gravel C.V. 535 $ 8.00 a 4,280.00 535 54, 7R000 103 Crushed Base, 3/4" Crushed Gravel S.F. 9,660 5 0.20 S 1,936.00 9,680 $1,936.00 104 Hat Plant Mix Asphalt S.F. 8,572 S 0.75 $ 6.429.00 6,672 $6,429.00 105 Curb and Gutter L.F. 586 8 7.00 5 4,102.00 586 $4,102.00 106 Sidewalk IS' Wide) - North Side of Road S.F. 1,325 8 3.00 $ 3,975.00 1.325 $3,975.00 SUBTOTAL ITEMS 101 - 106 S 23,062.00 $23.062.00 MISCELLANEOUS WORK Item No. Description Unit Measure Estimated Quantity Unit Price Total Price allMTIW I COMPLETED TOTAL COST COMPLETED 201 5' Sidewalk(West Side Corporate Way) B.F. 2.590 S 3:20 1 7,770.00 2590I 17.722.00 202 Boulevard Trees EACH 17 S 150.00 3 2,550.00 0 50.00 SUBTOTAL 201 - 202 $ 10,320.00 $7,770.00 TOTAL CONSTRUCTION COST I B 33,382.00 1 $30,832.00 TOTAL ESTIMATED COST OF CONSTRUCTION S 33,382.00 AMOUNT COMPLETED PRIOR TO BONDING $ 30,832.00 AMOUNT OF REMAINING WORK 4 2,550.00 AMOUNT OF BOND(125% OF REMAINING WORK) S 3,187.50 AMOUNT OF WORK COMPLETED TO DATE S30,832.00 PERCENTAGE OF WORK COMPLETED TO DATE 92% AMOUNT OF WORK REMAINING S 2,550.00 ORIGINAL BOND AMOUNT S 3,187.50 AMOUNT OF BOND TO BE RETAINED(125% OF REMAINING WORK) $ 3,187.60 BOND. AMOUNT TO BE RELEASED S - AMOUNTPREVIOUSLYRELEASED 4 - AMOUNT TO BE RELEASED AT THIS TIME AS ENGINEER OF RECORD FOR WESTGATE SUBDIVISION, 1 CERTIFY THAT THE WORK LISTED HEREIN IS CORRECT. IN ADDITION, 1 CERTIFY THAT THE ASSOCIATED COSTS ARE REASONABLY ACCURATE ESTIMATES OF THE RESPECTIVE COSTS OF THE WORK THE VALUE OF CONSTRUCTION AND OTHER WORK COMPLETED TO DATE IS ESTIMATED TO BE ............... $ 30.832.00 THE TOTAL VALUE OF THE REMAINING WORK, SERVICES AND FEES IS ESTIMATEDTO BE .................. $ 2,660.00 SECURITY HELD AT 125% OF THE REMAINING COSTS SHOULD BE IN THE AMOUNT OF ........................ $ 3,187.50 TH EREF-ORE, IT IS IN ACCORDANCE WITH THE SUBDIVISION IMPROVEMENTS AGREEMENT TO REDUCE THE TOTAL AMOUNT OFTHE SECURITY HELD BY $ THOMAS M. THOMAS M. COWAN 10323 P.E. A 'ALL IMPROVEMENTS SHALL BE COMPLETED BY JUNE 15, 2001 EXHIBIT "B" WESTGATE SUBDIVISION LETTER OF CREDIT CERTIFICATION 316i01 1 OF 1 PAGES RST ATIONAL BANK March 13, 2001 City of Kalispell RE: Irrevocable Letter of Credit No. 01-0313 Ronnie Pack/Westgate Subdivision Expiration Date August 15, 2001 Gentlemen: We hereby establish in your favor our Irrevocable Letter of Credit No. 01-0313 in the amount of **THREE THOUSAND ONE HUNDRED EIGHTY SEVEN AND 501100** U. S. Dollars ($3,187.50). This Letter of Credit shall remain in force and available by your drafts in part or whole, at our office, Montana First National Bank, 85 North Main Street, Kalispell, MT. 59901, until expiring at close of business on August 15, 2001, and certifying the following: a. That the creditor guarantees funds in the sum of $3,187.50, which represents 125% of the estimated cost of completing the required improvements in Westgate. b. That if the Developer fails to complete the specified improvements within the required period, the creditor will pay to the City immecApll4C and without further action, such funds as are necessary to finance the completion 6'f�tlfo'sb Y, ' T-. y-1 L improvements up to the limit of credit stated in the Let Credit.rr ,e Mon st National Bank BY: -Grn, (eJ�pe�iv Tom Weaver, President TW/sk ' PAR -< 8 200i IL F•R.D0. 85 North Main 9 P.O. Box 1996 • Kalispell, MT 59903 • (406) 755-9999 • Fax (406) 755-1534 :1 l GUARANTEE 5 � AMERI � C.a FirstAmerican Title Insurance Company , 1 / Validating Sign tory HJ Form No. 1282 (Rev 12/15195) I FILE NO.: CT-64144 CT-64144 H 329263 FEE: $125.00 SUBDIVISION OR PROPOSED SUBDIVISION: Westgate Subdivision 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: Sands Surveying FOR THE PURPOSE 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 as follows: A tract of land, situated, lying, and being in the Southwest Quarter of the Southeast Quarter of Section 12, Township 28 North, Range 22 West, P.M.M., Flathead County, Montana, described as follows to wit: Commencing at the Northwest corner of the Southwest Quarter of the Southeast Quarter of Section 12, Township 28 North, Range 22 West, P.M.M., Flathead County, Montana; thence along the West boundary of said SW1/4SE1/4 South 00'45'35".West 338.31 feet to a set iron pin on a 126.45 foot radius curve, concave Southeasterly (radial bearing South 00'S9'08" East) and the True Point of Beginning of the tract of land herein described; thence Northeasterly along said curve through a central angle of CO'33'421, an arc length of 1.24 feet to a set iron pin; thence North 89'34'341, East 282.20feet to a set iron pin on the P?esterly R/W of a 60 foot road known as Corporate Drive; thence along sa-d R/W South 00'41'42" West 599-07 to a set iron pin; thence leav'_ng said R/W North 89'18'18" West 20.01 feet to a set iron pin on the f-ture Easterly highway R/W, which point is on a spiral chord; thence along sa_d R/W and along said spiral chord North 17'20'46" West 36.46 feet to a found aluminum cao and the P.C. of a 1295.92 foot radius curve, concave Southwesterly (rad_al bearing South 67'58'03" West); thence Northwesterly along said curve through a central angle of 20'34'4711 an arc length of 465.48 feet to a.set iron pin on the West b_-:ndary of said SW1/4SE1/4; thence leaving said R/W North 00'45'35" East along said West boundary 170.65 feet tc the Pcint of Beginning. THE ABOVE DESCRIBED TRACT OF LAND IS TO BE KNOWN AND DES1--Y2TED AS: Westgate Continued... � � f FILE NO.: CT-64144 PAGE 2 H 329263 (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, avenues and other easements offered for dedication dedication by said Plat are: Ronald E. Pack (2) Parties holding liens or encumbrances on the title to said lands are: 1- General and special county and city taxes for the year 2001, a lien not yet payable. 2. General and special county and city taxes for the second half of 2000, a lien now payable. (AFFECTS: Premises and other property) NOTE: General and special county and city taxes for the first half of 2000 and all prior years have been paid in full- (AFFECTS: Premises and other property) 3. Special Improvement District No. 342 for sewer levied by City of Kalispell- (3) Easements, claims of easements and restrictions agreement of record are: 1. Reservation contained in warranty Deed recorded April 15, 1931, in Book 209, Page 25, records of Flathead County, Montana, as follows: ...reserved to the grantor herein a right-of-way and easement over and through the hereinbefore described lands and procerry for the maintenance of water pipes..." (Exact location not speci=led) 2- The effect of restrictions containea in Certificate of Subdivision Plat Approval recorded with Certificate of Survey No. 5499, records of Flathead County, Montana. 3. Developers Extension Agreement dated 7c'y IS, 1987, Filed Augus- 9, 1988, as Doc. No. 88-222-13250, records of Flat ----ad County, Montana, executed by and between the City of Kalispell and Ronald E. Pack and Margaret A. Pack. 4. The effect of restrictions ccnta:_ed `_n Certificate of Subdivision Plat Approval recorded with the Proposed PIa_ cf Westgate, records of Fathead County, Montana. 5. The above described property is lccated within and sub;ect to the jurisdiction of the City of Kalispell,:re District. Continued... FILE NO.: CT-64144 PAGE 3 H 329263 Liability hereunder limited to amount paid for this report. DATED: March 6, 2001 at 8:00 A.M. L ✓ Subscribed and- swor notp before ml this 15 day offYWdQ00l. (j) Notary PulMic for State of Montana Residing at My Commission Expires S-Pk-o(f THE END MIL! UMIVL 21 YJ 22 2 1 18 77 1 AND. 5AD SAB BK I ROB T4C4A 5AE I 2 s 5 1 e Pu S ! x IA 5AGA 6 BK 1'1 � x 1 x 23 t 7 13 x �•y 2 ffi 3 Q �BK B 12 5AF S s 9 ° `s BO 5AL 1U 12 ' IB 10 1 10 4 5 7 ° B ! ; 17 11 16 12 9 5 5 4 ] 2 1 OLSDN u p U RTY IUGE 1ST. ADO 6 7 B 5 4 15 1 13 B 7 6 L11 ° TREASURE EL DORffA ADD 1 16 1 2 1 ° 1 2 ! 1 J! STATE ! B 7 NDD 01 2 1 10 NARS PIMA ADO �111 VALLEY VIEW I ADD �147 APARTMENTS I7 1 3 11 I D 1 RO CIFN R ADD 11 LIBERTY ESNLLAGE d 12 - 9 1 5 6 12 z AND WFHOI N p Ss I G� HA BIN MONTANA POWER ADD. #139 ii WEST R OR 7 E ° II � .'L « 5CB 30 In i. 5 JUBI a_ 2L 2M ° J I « c ° 5CEA µ 2MA TETON A 3z 2 ARID OUIR15 ADD46 A 1 ® No 2 , 3 SCF A LLA N « YEILOWSTONE ST UNBURSf 7 9 1 + 5CC 2LB cYs7 _ x m r ADD. Se 2FAB 2FM BK ' SN pG BF SE 5C0 1W0 MILE DRNE TR K . ---- -- �1Ler 6GA AMD PUi -A—MO PUT H I L 11 ^ — — — — — — — — — — — K •ur IY DF t] OF 1A1CCT ann KAUSPELL L-L24 NO PARKING ALLOWED N993434 E 282.20' LOT 4 0.506 AC. N897878"W 283.4T LOT 3 a 488 AC. N8978%rW 283.56' LOT 1 0.727 AC. 4-OB79'46' R-129592' L-/B@40' / 0 420 0 T h w 1 30'.10' UTILITY EASEMENT n SO 4 30' W o� PLAT ROOM FLATHEAD COUNTY, mwnk k 800 S. MASH KALISPELL, MT 59901 (406) 758-5510 THIS FORM IS FOR SUBDIVISIONS AND CONDOMINIUMS ONLY BY: �SQM FOR: �QC'k DATE: 7 DESCP: Gf/Qs/qcl ��i7 fr 7A PURPOSE: J ia-ae-aa� YEARS ASSESSOR $ 1992 THRU Z%�/ % o% a 5 3o0 y y!Q AND TO DATE 09as 3CO 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. -77 1 l •••'� 1 '1 Y'f'� A '()TY TR R: vo �••15 Z001