10. Sunrise View Final PlatAGENDA ITEM 10 - SUNRISE VIEW FINAL PLAT APPROVAL
BACKGROUND/CONSIDERATION: We have enclosed the report for the
Sunrise View Subdivision final platting. The plat is in
substantial compliance with the preliminary plat.
RECOMMENDATION: I concur with the F.R.D.O. and staff recommendation
to approve the final plat.
ACTION REQUIRED: MOTION to approve the final plat is needed.
FROM : Cita Of `ValaSPe11
Telephone (406) 758-77(X)
FAX (406) 758-77 58
Post Office Sox 1997
Kabspeil, Montana
Zip 59903.1997
Paul Stokes, P.E.
Stokes & Associates Engineers
343 1st Avenue East
Kalispell, MT 59901
Re: Sunrise View Subdivision
Paul:
PHONE NO. : 4067587831
► + r
Incorporated 1892
Oct. 24 1 0100PM P1
This letter is to confirm that the drainage plan for the Sunrise View Subdivision has
been approved by the Kalispell Department of Public Works.
C. Wilson, P.E.
Assistant City Engineer
cc: FR.DO
file
Post-itf Fax NOte 7671
Daft
Tir
From .Te i'1r� 4� i CSO,�I
Phone r
Ptwne
Fact k CYT� .c
Fau to
Ck,-j9las Rauthe
MaY�?r
Clarence W. Krepps
City Manager
City Council
Members:
Cary W. Nystul
Ward I
Cliff Collins
Ward I
Norbert F. Donahue
Ward 11
Oalo Haar
Ward 11
Jim Atkinson
Ward III
Lauren Cranmo
Ward Ill
pa"I't 8. Kennedy
Ward IV
M. Mane Larson
Ward IV
MARC RACICOT, GOVERNOR
COGSWELL BUILDING
1400 BROADWAY
STATE OF MONTIANA
(406)4 2479 July 24, 1995 PO BOX 200901
FAX (406)444-1374 HELENA, MONTANA 59620-0901
Paul Stokes & Associates
343 1st Avenue West
Kalispell, MT 59901
RE: Sunrise View
Flathead County
E.Q. #95-2553
Dear Mr. Stokes:
The plans and supplemental information relating to the water supply, sewage
disposal facilities, and storm drainage (if any) for the above -referenced
division of land have been reviewed as required by Section 76-4-101 through 76-4-
131, MCA and have been found to be in compliance with that act.
Two copies of the Certificate of Subdivision Plat Approval are enclosed. The
original is to be filed with the Plat at the office of the county clerk and
recorder. The duplicate is for your personal records.
You will note that you do have specific responsibilities according to this
statement, primarily with regard to informing any new owner as to the inherent
limitations which have been imposed. Should you or he need additional copies of
this statement, they are available from this office.
Please be further informed as per 76-4-122 (2) (a) MCA, a county clerk may not
accept a subdivision plat or Certificate of Survey for filing until the
Department of Environmental Quality has received approval from the local health
official.
If you have any questions, please contact this office.
Sincerely,
Ke eth A Cope
S division Programanager
Water Quality Division
KAC/sj
CC: County Sanitarian
County Planning Board
PLAT.P
'AN EQUAL OPPORTUNITY EMPLOYER"
S
STATE OF MONTANA
DEPARTMENT OF ENVIRONMENTAL QUALITY
CERTIFICATE OF SUBDIVISION PLAT APPROVAL
(Section 76-4-101 through 76-4-131, MCA 1993)
TO: County Clerk and Recorder No. 95-2553
Flathead County 087J
Kalispell, Montana
THIS IS TO CERTIFY THAT the plans and supplemental information
relating to the subdivision known as sunrise view
A tract of land located in the Northeast 4 of Section 1,
Township 28 North, Range 22 West, P.M.M., Flathead County,
Montana
consisting of 18 lots have been reviewed by personnel of the Water
Quality Division, and,
THAT the documents and data required by Section 76-4-101 through
76-4-131, MCA 1993 and the rules of the Department of Environmental
Quality made and promulgated pursuant thereto 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
4 approval, and,
THAT each lot shall be used for one single-family dwelling, and,
THAT the public water supply system and public sewage treatment
system will be provided by the City of Kalispell, and
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 a storm drainage plan has been reviewed and approved for this
subdivision, and,
THAT instruments of transfer for this property shall contain
reference to these conditions, and,
I t:
Page 2 of 2
Sunrise View
Flathead County
E.Q. #95-2553
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 departure from any criteria set forth in the approved plans
and specifications and Title 16, Chapter 16, Sub -Chapters 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.
YOU ARE REQUESTED to record this certificate by attaching it to the
plat filed in your office as required by law.
DATED this 24th day of July, 1995.
MARK SIMONICH
DIRECTOR
By:
Jim; Melstad, P.E.i S ;54Yvisor
Drinking Water/SuUdi `i:3L0n Section
Water Quality Division
Department of Environmental Quality11
Owner's Name: Charles E. Keller
Flathead Regional evelo ent Office
723 5th Avenue East - Room 414
Kalispell, Montana 59901
Phone: (406) 758-5980
Fax: (406) 758-5781
October 24, 1996
Clarence Krepps, City Manager
City of Kalispell
P.O. Drawer 1997
Kalispell, MT 59901
Re: Final Plat for Sunrise View Subdivision
Dear Clarence:
Our office has received the application for final plat approval of Sunrise View Subdivision, an
18 lot residential subdivision on approximately six acres located near the northwest corner of
Four Mile Drive and Highway 93 in Kalispell.
Preliminary plat approval was granted by the City Council on October 17, 1996 with
Resolution 4183 and an extension was granted until October 17, 1999 subject to ten (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
1. Comply with the City of Kalispell Zoning Ordinance.
This condition has been met. The lots are in compliance with the minimum lot size
requirements for the R-4 zoning district.
2. Comply with the City of Kalispell Subdivision Regulations.
This condition has been met. The plat is in compliance with the Kalispell Subdivision
Regulations.
Rename College View Court to Parkway Drive. Extend Parkway Drive to the south
from the end of the cul-de-sac to the south property line leaving the cul-de-sac radius.
Redesign the inside corner of that road so as to provide a smooth curve or as directed
by the City's Director of Public Works.
This condition has been met. The roadway providing access to the subdivision has been
named and signed, and the roadway has been designed and extended as required.
Providing Community Planning Assistance To:
• Flathead County • City of Columbia Falls • City of Kalispell • City of Whitefish •
Sunrise View Subdivision Final Plat
October 24, 1996
Page 2 of 3
4. The subdivision obtain approval from the State Department of Health and
Environmental Sciences.
This condition has been met. A Certificate of Subdivision Plat Approval #95-2552-087J
from the Department of Environmental Quality has been submitted with the final plat
application dated July 24, 1996.
5. The final plat be substantially in accordance with the Preliminary Plat except as
modified by conditions contained herein.
This condition has been met. The final plat is in conformance with the preliminary plat
and required modifications.
6. The developer pay a cash -in -lieu fee of 1/9 the undeveloped market value of the
property. That is 1/9 of $95,000 = $10,555.
This condition has been met. A check in the required amount for cash -in -lieu of
parking has been submitted with the final plat.
7. All water lines and sewer mains shall be built according to plans and specifications
approved by the City of Kalispell Public Works Department. All water and sewer main
extensions onto private property shall be placed within suitable easements.
This condition has been met. A letter dated August 26, 1996 from Paul J. Stokes and
Associates, Inc., professional engineer, certifies that the water and sewer extension
have been constructed as required.
8. A storm water drainage plan prepared by a licensed engineer shall be submitted to and
approved by the City's Public Works Department.
This condition has been met. The Public Works Department and State Department of
Environmental Quality have reviewed and approved the drainage plans for this
subdivision.
9. Placement of fire hydrants shall be approved by the City of Kalispell Fire Department.
This condition has been met. The Kalispell Fire Department has reviewed and
approved the placement and installation of the fire hydrants for the subdivision.
10. That this preliminary plat approval is valid for a period of one (1) year.
An extension was granted for this subdivision with an expiration date of October 17,
1999. This condition has been met with the early filing of the final plat.
Sunrise View Subdivision Final Plat
October 24, 1996
Paoe 3 of 3
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 substantial compliance with the State and City
Subdivision Regulations.
RECOMMENDATION:
All of the conditions of preliminary plat approval have been adequately met or otherwise
addressed. The Flathead Regional Development Office recommends that the Kalispell City
Council approve the final plat for Sunrise View Subdivision Please schedule this matter for the
City Council work session scheduled for October 28, 1996 and subsequent regular meeting
November 4, 1996.
Sincerely,
Narda Wilson
Planner H
NW/
Attachments: 1 opaque mylar of final plat
2 reproducible mylars of final plat
1 blueline of final plat
DEQ Water Quality Division letter of approval, E.Q.#95-2553 dated
7/24/95
Letter from Paul J. Stokes & Assoc. dated 8/26/96
Title report - 27004047 dated 07/22/96
Treasurer's certification dated 07/26/96
c: Charles Keller
2431 Highway 2 East.
Kalispell, MT 59901
Marquardt Surveying
285 First Ave E.N.
Kalispell, MT 59901
CAUL J. STOKES & AssOCIAT'ES, INC.
Consulting Engineers
August 26, 1996
department of Environmental Quality
Room A-201
1400 Broadway
P.O. Box 200901
Helena, Montana 59620-0901
RE: Sunrise View Subdivision
Water, Sewer Main Extension, Streets,
Sidewalks and Lighting Improvements
Kalispell
Flathead County
E.Q. #95-2553
Project #5403
Gentlemen:
343 First Avenue W.
Kalispell, MT 59901
(406)755-8707
FAX (406) 755-2613
We hereby certify that the above referenced project was completed in general
conformance with the approved plans and specifications and in accordance with the
enclosed record drawings. Bacteriological sample results are included. We
hereby approve the project as constructed.
Sincerely,
PAUL J. STOKES & ASSOCIATES, INC.
BY( J )4'� Oki _� �R:
Paul J. St P.E.
President
c: City of Kalispell
Flathead City -County Health Department
Charles Keller
File
1PJS96/6
SECURITY UNION
Title Insurance Company
27 114/ 47 tlil•
To the County of Flat --head and the City of Kalispell soe1_1_ in Montana
SECURITY UNION TITLE INSURANCE COMPANY, a corporation organized and existing under the
laws of the State of California, with its principal office in Pasadena, California, and duly authorized to
insure titles in Montana hereby certifies that from its examination of the public records which impart
constructive notice of matters affecting the title to the real estate described in Schedule A hereof, as of
the 22nd day of July , 19 96 , at 5 o'clock P.M., the title to the described real
estate was indefeasibly vested in fee simple of record in: Charles E. Keller
subject only to the objections, liens charges, encumbrances and other matters shown under Schedule
B hereof.
The maximum liability of the undersigned under this certificate is limited to the sum of $ 5, 000.00
This certificate of title is made in consideration of the payment of the premium by the subdivider of the
land and for the use of the County and City above named.
Issued by:
SECURITY TITLE COMPANY
OF FLATHEAD COUNTY
45 Second St. E. - P. 0. Box 879
Kalispell, MT 59903-0879
(406) 752-7606
SECURITY UNION TITLE INSURANCE COMPANY
R I E f&5(��9 v
?; C4Araen;:
1
r
. I ........ .
uthorized Signature
By: / /C~/100
President
By:
Secretary
PRELIMINARY SUBDIVISION CERTIFICATE OF TITLE (MONTANA)
Reorder Form No. 9095
Page 1 Certificate No. 27 0040 47 000093 File No. 65571sat
Being the legal description of the real estate covered by this certificate.
The following -described parcels of real estate:
That portion of government Lot 1, Section 1, Township 28
North, Range 22 West, Flathead County, Lantana, described
as follows:
Beginning at the Nort3xqest corner of that Parcel shown on
Certificate of Survey No. 6761, whidz point is on the
Southerly line of a County Road; thence along the
Southerly line of the County Road
South 890 53' 14" East a distance of 60.07 feet; thence
leaving the Southerly line of the road
South 0020130" West a distance of 230.87 feet; thence
South 89°48134" East a distance of 750.84 feet to the
Westerly line of U.S. Highway No. 93; thence along the
Westerly line of the Highway
South 0021112" West a distance of 307.47 feet; thence
North 89°57140" West a distance of 407.20 feet; thence
North 890 51' 48" West a distance of 403.65 feet; thence
North 0020129" East a distance of 539.72 feet to the
Point of Beginning.
The above -de -scribed Tract of land is to be known and
designated as Sunrise View. Flathead County, Montana.
SCHEDULE A
Preliminary Subdivision Certificate of Title (Montana)
Reorder Form No. 9117
Page 2 Certificate No. 27 0040 107 000093 File No. 65571sat
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.
General taxes for the year 1996, which are a lien but not yet payable.
2.
Taxes, charges and assessments not yet certified to the County Treasurer for
collection.
3.
EXCEPT all minerals in or under said land including, but not limited to, metals,
oil, gas, coal, stone and mineral rights, mining rights and easement rights or other
matters relating thereto, whether expressed or implied.
4.
No search has been made for water rights or unpatented mining claims and liability
thereon is excepted from this certificate.
,f
t
5.
The effect of terms and conditions of restrictions contained in Certificate of
Subdivision Plat Approval, State of Montana, recorded with Certificate of Survey No.
7966, records of Flathead County, Montana.
6.
30 Foot easement from U.S. Highway No. 93 as disclosed by Warranty Deed recorded
March 12, 1985 under Recorder's Fee No. 85-071-1132-0, records of Flathead County,
Montana.
7.
An Easement for the purpose shown below and rights incidental thereto as set forth in
a doctunent :
Granted to: Pacific Power and Light Ccapany
Purpose: for operation, maintenance and repair of its lines
Recorded: December 2, 1985
Reception No: 85-336-1428-0, records of Flathead County, Montana.
8.
An Easement for the purpose shown below and rights incidental thereto as set forth in
a document:
Granted to: Pacific Power and Light Company
Pam: for operation, maintenance and repair of its lines
Recorded: December 2, 1985
Reception No: 85-336-1429-0, records of Flathead County, Montana.
(Continued)
SCHEDULE B
Preliminary Subdivision Certificate of Title (Montana)
Reorder Form No. 9118
Page 3 Certificate No. 27 0040 107 000093 File No. 65571sat
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.
9.
Resolution No. 4183 recorded November 14, 1994 under Recorder's Fee No.
94-318-1431-0, records of Flathead County, Montana.
10.
Resolution No. 4161 recorded NOvernber 14, 1994 under Recorder's Fee No.
94-318-1432-0, records of Flathead County, Montana.
11.
10 Foot Utility F wren[ as disclosed and depicted on the unrecorded Plat of Sunrise
,,view.
12.
Reservation contained in United States Patent, recorded March 16, 1892 in Hook 8 at
Page 80, records of Flathead County, Montana, as follows: .....Subject to any vested
and accrued water rights for mining, agricultural, manufacturing or other purposes
and rights to ditches and reservoirs used in connection with such water rights, as
may recognized and acknowledged by local custcros, laws and decisions of Courts, and
also subject to the right of the proprietor of a vein or lode, to extract and remove
his ore therefrom, should the same be found to penetrate or intent the premises
hereby granted, as provided by Law"
NOM: we find the above -described property to be in Fire District Kalispell Fire
District.
SCNEDULEB
Preliminary Subdivision Certificate of Title (Montana)
Reorder Form No. 9118
1
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n ose of assisting- in loc&tina the land,
,2X I� s
and the Com-many- assumes no liability for
variations, rt 4ny, with actual survey,,' � �� e>8
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PLAT ROOM
FLATHEAD COUNTY, MONTANA
800 S. MAIN
KALISPELL, MT 59901
(406) 758-5510
TAX SEARCH FOR SUBDIVISIONS AND CONDOMINIUMS ONLY
By
FOR:
DESCP
YEARS
1990 THRU lqe%J�
AND TO DATE
I�a_lePURPOSE:
DATE: ��/�/�G f
ASSESSOR 0
o S7 - -2 / / 5-5
1 hereby certify that there are no outstanding taxes an the
property assigned the assessor numbers listed above, for the years
indicated for each assessor number.
JUL