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4. Kalispell Market Place - Final PlatFlathead Regional Development Office 723 5th Avenue East - Room 414 Kalispell, Montana 59901 Phone: (4017 758-5980 Fax: (406) 758-5781 August 23, 1995 Bruce Williams City Manager City of Kalispell P.O. Drawer 1997 Kalispell, MT 59901 Re: Final Plat Application - Kalispell Market Place, Phase III Dear Bruce: The above -referenced application has been reviewed for final plat approval. The 3-lot commercial subdivision is located on the north side of Center Street between lst and 3rd Avenues EN. Phase III received preliminary plat approval on June 19, 1995. This report evaluates compliance of the final plat with the conditions of preliminary plat approval and applicable city and state regulations. City Council approved the subdivision by Resolution 4214, subject to 6 conditions of approval. COMPLIANCE WITH CONDITIONS OF APPROVAL: 1. Create cross access and parking agreements, this includes access from 1st Avenue EN to 3rd Avenue EN. Cross access agreement has been submitted and is attached. A parking agreement is not necessary at this time, if in the future a cross parking agreement is necessary for the uses it would be reviewed at that time. 2. Sidewalks are waived until such time as the additional right-of-way for Center Street is acquired. Sidewalks exist on lst and 3rd Avenue EN, when Center Street is upgraded to its ultimate right-of-way as an Arterial sidewalks would be installed. A reservation for future right-of- way has been indicated on the plat. 3. Create utility easements for and obtain approval from the respective utility companies. The Title Report indicates that the necessary easements exist for the maintenance of the utilities. Providing Community Planning Assistance To: * Flathead County * City of Columbia Falls * City of Kalispell * City of Whitefish Bruce Williams Re: Kalispell Market Place Phase III August 23, 1995 Page 2 4. Obtain approval from the City's Public Works Department for sewer and water connections/easements . In a telephone conversation with Bob Babb the City's Public Works Department has approved the connections/easements for the project. 5. Indicate on the final plat a 20-foot reservation of right-of-way for the widening of Center Street. This reservation for future widening of Center Street appears on the plat. 6. The plat shall be approved by the Department of Health and Environmental Sciences. The letter of approval from the Department of Health and Environmental Science is attached. COMPLIANCE WITH THE APPROVED PRELIMINARY PLAT There are no significant changes to the preliminary plat other than those required for Final Plat compliance. COMPLIANCE WITH SUBDIVISION REGULATIONS The Final Plat is found to be in substantial compliance with the Kalispell City Subdivision Regulations and Montana Subdivision and Platting Act. This preliminary plat is valid for one (1) year from the date of approval. The final plat has been submitted within this time frame. RECOMMENDATION It is recommended that the Final Plat of Kalispell Market Place, Phase III be approved as submitted. The City has 30 days from date of receipt of this report to complete final review. If you have any questions, do not hesitate to contact this office. Sincerely, John Parsons Senior Planner JJP/sm Bruce Williams Re: Kalispell Market Place Phase III August 23, 1995 Page 3 Attachments: Two blueprints, two mylar and one opaque plat Application Title Report, July 13, 1995 (J156597-CT42659) Tax Certification Letters from State DHSS dated June 22, 1995 Conditions response from TDH Cross -easement agreement c: Thomas, Dean and Hoskins Chase/Martin ..1KFP95-4. KMP THIS AGREEMENT, made this day of August, 1995, by and between DARREL R. MARTIN, also known as Darrell R. Martin, of 1429 Hwy. 2 West, Kalispell, Mt 59901, hereinafter called "MARTIN", and JAMES E. CHASE, of P.O. Box 1280, Kalispell, MT 59903, hereinafter called "CHASE", and GLACIER Bank FSB, a National corporation, of 202 Main Street, Kalispell, MT 59901, hereinafter called "GLACIER". WITNESSETH: WHEREAS, the parties intend to subdivide into three lots a tract of land situated in the SE1/4 SE1/4 of Section 7 and in the SW1/4 SW1/4 of Section 8, Township 28 North, Range 21 West, P.M.M., in Kalispell, Flathead County, Montana, which platted subdivision is to be known as: KALISPELL MARKET PLACE - PHASE III, according to the map or plat thereof on file and of record in the office of the Clerk and Recorder of Flathead County, Montana. WHEREAS, the parties intend: (i) that MARTIN shall be the owner of Lot 3 of Kalispell Market Place - Phase III; (ii) that GLACIER shall be the owner of Lot 2 of Kalispell Market Place - Phase III; (iii) that CHASE shall be the owner of Lot 1 of Kalispell Market Place - Phase III; Faro WHEREAS, the parties desire to establish among themselves non-exclusive easements for private roadways and other uses particularly over, under, across and upon a strip of land 28 feet in width running in an easterly and westerly direction between First Avenue East North and Third Avenue East North, Kalispell, over, under, across and upon a strip of land 24 feet in width running in a- northerly and southerly direction, the south terminus to be the public Center Street, NOW THEREFORE, the parties do hereby declare and grant the following cross -easements: I� A. PRIVATE ROADS: Each party does hereby grant and convey to the other parties: (i) for private roadway and pedestrian use a permanent non-exclusive easement generally over, across, on and under the strip of land 28 feet in width running east and west between First Avenue East and Third Avenue East, over, across and on which the private road will be and is constructed, the northerly boundary of which is generally the southerly boundary of the Easement granted to the Burlington Northern Railroad and an easement granted to the City of Kalispell, and as particularly described in the exhibit annexed marked "Exhibit A" and by the reference made park of this agreement; (ii) for private roadway and pedestrian use a permanent non-exclusive easement over, across, on and under the strip of land 24 feet in width running north and south, the center line being the common boundary between Lots 1 and 2 of Kalispell Market Place, Phase III, the southerly terminus the northerly boundary of the public Center Street, the northerly terminus the south boundary of the east west easement granted above. These easements are non-exclusive and for the purposes of a private roadway for vehicular and pedestrian traffic to and from the property of each owner (Lots 1, 2 and 3 of Kalispell Market Place -. Phase 111) and the public street, Third Avenue East North, and the public street, First Avenue East North and public Center Street. The use of the roadway and pedestrian easements shall be confined to the lot owners, their lessees, employees, customers, licensees and business invitees. B. PEDESTRIAN WAYS: Non-exclusive permanent easements for the purpose of pedestrian traffic between each lot over other lots and from public streets and alleys now or hereafter abutting Kalispell Market Place, Phase III, the easement to be confined to the portion of the lot improved from time to time suitable for pedestrian use. C. UTILITIES: Non-exclusive permanent easement for the connection to, operation, repair, replacement and removal of (a) water lines and systems, (b) telephone lines and systems, (c) gas lines and systems, (d) storm sewers and (e) other utility lines and systems developed hereafter, which shall be installed, operated and maintained in a manner which will not interfere with the use of the lot where the utility is located in particular, and shall not encumber or impede the placing of further improvements upon the lot. D. SURFACE WATER DRAINAGE: Non-exclusive easements for the flow of a reasonable volume of surface water upon the contiguous lot, which easement shall conform to an overall surface water drainage plan for Kalispell Market Place - Phase Ili. The east -west roadway shall be designed to carry surface water. -2- Z APPURTENANT/RESTRICTION: The easements shall be an appurtenant to each lot and shall run with the land. No party shall grant or otherwise convey an easement for such use for the benefit of any tract of land not situated in Kalispell Market Place - Phase 111. 2. NOT A PUBLIC DEDICATION: Nothing herein contained shall or be deemed to constitute a gift or dedication of any portion of any easement to the general public, or for the benefit of the general public, or for any public purpose whatsoever. It is the intention of the parties that the benefits and obligations of this agreement be strictly limited to and for the purposes expressed herein. 3. TAXES: Each party shall pay or cause to be paid all real estate taxes and assessments prior to delinquency which are levied against the property of the owner, a portion of which is subject to this easement. Each party may, at his or its cost and expense, contest any such taxes and assessments with respect to such party's lot in any manner that such party elects, so long as such contest is pursued with diligence and in good faith. At the time such contest is concluded, the contesting party shall promptly pay all such taxes and assessments as are determined to be owing, together with all interest, penalties and costs. 4. CONSTRUCTION: The parties shall cause the roadway to be constructed as soon as practicable, with the expectation the roadways will be completed no later than October 30, 1995. 5. MAINTENANCE: The paved surface of the roadway shall be maintained in a smooth and evenly covered condition, the maintenance work to include without limitation the keeping of the roadway free from obstruction, and removing of snow, ice and other impediments to traffic flow. Each party shall pay his or its share of the cost of the maintenance, improvement and repair of the roadways, Lot 3 to bear 41% of the cost, Lot 2 to bear 26% of the cost, Lot 1 to bear 33% of the cost of the roadways. The passageway may be blocked if it is deemed necessary to avoid any claim of the public or third parties of rights by prescriptive or adverse use. Q. ADDITIONAL ROADWAY EASEMENT: If a party shall construct an additional roadway across his or its lot, which roadway shall extend from Center Street north to the south boundary of the east -west roadway easement, such additional roadway shall be subject to the terms and provisions herein, including right of use and maintenance costs. 7. AMENDMENT: This agreement or the easement contained may be terminated, extended or amended only by recording of the appropriate document in -3- the office of the Clerk and Recorder of Flathead County, Montana, executed by all of the holders of a recorded interest in Kalispell Market Place - Phase Ill. 8. WAIVER: No waiver of any breach of any of the easements, covenants and/or agreements herein contained shall be construed as, or constitute, a waiver of any other breach or a waiver, acquiescence in or consent to any further or succeeding breach of the same or any other covenant and/or agreement. 9. SEVERABILITY: If any term or provision of this Agreement shall, to any extent, be held invalid or unenforceable, the remaining terms and provisions of this Agreement shall not be affected thereby, but each remaining term and provision shall be valid and enforced to the fullest extent permitted by law. J®. !INTERPARTS: This Agreement shall be executed in several counterparts, each of which shall be deemed an original. 11. BENEFIT: This Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, administrators, representatives, successors and assigns. IN WITNESS WHEREOF, the undersigned have hereunto set their hands and seals the day and year first hereinabove written. - -'�- e�� �". � O'�- -,—, 2; ; —� Jarfies E. Chase GLACIER Bank FSB is �ael J. Blodnick, Executive Vice President -4- STATE OF MONTANA ) . ss. County of Flathead ) On this � day of August, 1995, before me, the undersigned, a Notary Public for the State of aforesaid, personally appeared Darrel R. Martin and James E. Chase, known to me to be the persons whose names are subscribed to the foregoing instrument, and acknowledged to me that they executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notary Seal, the day and year in this certificate last above written. No ry Public for the State of Mont na Residing at Kalispell, Montana My Commission expires 7 �/- STATE OF MONTANA ) . SS. County of Flathead ) On this Y � day of August, 1995, before me, the undersigned, a Notary Public for the State aforesaid, personally appeared Michael J. Blodnick, known to me to be the Executive Vice President of GLACIER BANK FSB, the corporation that executed the foregoing instrument, and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and year in this certificate last above written. Nat&y Public for the State of Mo na Residing at Kalispell, Montana My Commission expires N