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Staff Report/Final PlatTri-City Planning Office 17 Second Street East - Suite 211 Kalispell, Montana 59901 Phone: (406) 751-1850 Fax: (406) 751-1858 tricit racentur tel.net www.tricityplanning-mt.com REPORT TO: Kalispell Mayor and City Council FROM: Narda A. Wilson, Senior Planner Chris A. Kukulski, City Manager SUBJECT Final Plat for Ashley Meadows Subdivision MEETING DATE: May 17, 2004 BACKGROUND: This is a request for final plat approval of Ashley Meadows Subdivision that plats 13 single family lots on approximately 4.415 acres. This subdivision is located on the east side of Denver Avenue between Bluestone and Sunnyside Drive. All of the required infrastructure has been constructed in accordance with City standards. A small segment of sidewalk remains to be completed that totals approximately $700, therefore bonding in the amount of $875 has been submitted with the final plat, Cash in lieu of parkland dedication has been paid in the amount of $3,887. This property was annexed to the city in May of 2003 and given a zoning designation of R-4, Two Family Residential. When the property was annexed into the city, the subdivision was given preliminary plat approval by the Kalispell City Council on May 19, 2003 subject to 12 conditions. The transmittal letter has with it a list of the conditions of preliminary plat approval for this subdivision and a discussion of how they have been met or otherwise addressed. The letter is submitted with this memo. RECOMMENDATION: A motion to accept the subdivision improvements agreement and approve the final plat for Ashley Meadows Subdivision would be in order. FISCAL EFFECTS: Potential minor positive impacts once developed. ALTERNATIVES: As suggested by the City Council. Respectfully submitted, Narda A. Wilson Senior Planner Report compiled: May 12, 2004 Chris A. Kukulski City Manager Attachments: Letter of transmittal Final plat application and supporting documents Providing Community Planning Assistance To: • City of Columbia Falls • City of Kalispell 9 City of Whitefish • SUBDIVISION IMPROVEMENTAGREEMENT THIS AGREEMENT, made and entered into this , vzday of 121V4 v � , 2012�j by and between the CITY COUNCIL, CITY OF KALISPELL, MONTANA, Party of the First Part and herema" referred to as the CITY and Timm Kn© 880 Sunni side Driver &IL ell, MT,.1�m of the Sind Part and hereinat%r referred to as DEVELOPER. WfrNESSETH: THAT WHEREAS, the Developer is the owner and developer of a new subdivision known as ASHLEY MEADOWS SUBDIVISION, located at 880 SUNNYSIDE DRIVE and, WHEREAS, the City has conditioned its approval of the final plat of ASHLEY MEADOWS SUBDIVISION 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 imptovernents 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 public engineer included herewith as "Exhibit 9% and WHEREAS, the estimated total cost ofconstruction of said improvements is the sum of $ 875.00 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 KALISPELL CITY COUNCIL. in the amount of $ 875.00 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 guaranteed funds in the sum of $ 575.00_ the estimated cost of completing the required improvements in ASFU EY MEADOWS SUBDIVISION b. That if the Developer fails to complete the specified intpim-ements 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 limited of credit stated in the letter; 2. That said required improvements shall be fully completed by 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 mmimtum 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; e. That the Developer knows of no ducts in those improvements; d. That these improvements are free and clear of any encumbrances or liens; C. 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 fled 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 to the Best of his knowledge, improvements have been installed in general conformance with said specifications. IT IS ALSO AGREED BY AND BETWEEN THE PARTIES YMRETO AS FOLLOWS, TO-Wff: That the Dcvelopm, upon roquest, shall provide for irispa Wn of all required inVmeiramo by a registered professional engineer before the Developer shall be released from. the Subdivision hriprovertment Agreement. That if the City determines that any improvements are not construmd in compliance with the spocifications, it shall furnish the Developer with a list of specific deficiencies and may withhold oollateral sufficient to .insure such connphance. If the City determines that the Developer will not construct any or all of the improvements in accordance with the specifications.. or within the required time limits, it may withdraw the collateral and employ such funds as may be necessary to construct the improvement or improvements in accordance with the specifications. The unused portions of the collateral shall be returned to the Developer or the crediting institution, as is ate. IN W]IT1V ESS '!WHEREOF, the Fatties have hm%M set their hands and seals the day and year herein before written. ASHLEY MEADOWS SUBDIVISION, TPA KNOLL (Name of subdivision/Developer/Firm) by: . u — (Title) The subdivider shall warrant the design, conshuction materials and workmanship of the improvements against any failure or defect in design, construction, material or workmanship which is discovered no more than one (l) year from the date of w=ptance STATE OF MONTANA, COUNTY OF FLATHEAD G f On thisday of _ /t y_ 12cbeffore me, a Notary Public for the Stale of Montana, personally appeared ea kawn to nine to be the whose name is subscribed to the foregoing instrument and acknowledged to me that be executed the same. IN WITNESS WHEREOF, I have hereunto seat my hand and affixed my Notary Seal this day and year first above written. y�y: •'•j l i,',E11•LS 11/4.e/•, .: .. Notary Public for the Staff of Montana v r rt, nr Residing at My Commission Expires_ �' .`•,rl) . • c' ': MAYOR, CITY OF.KALISPELL ATTEST: +,,,,, °''•'"``' ; THERSEA WHITE Cn'Y CLERK By. by:. MAYOR EXHIBIT A Conditions of approval as set forth by the Kalispell City Council in Resolution 4788 N W W ©0 CO a �= z V ��/ VZ / Oui aLL LU 2 H uu p J V aW LU Nt C Q J R iL o 0 Z iW 00 z0 D uj � f!) H z o LU Cr w -_ O z Z w w LL O a 0 Ci 0 z O P 0 °a LU LL t4!! Y lL O 7 T 1I� rfi LLI LU H z r� EXHIBIT B C) z z w u.i z z ui U Lli ui LU w 0 z Q Tri-City Planning Office 17 Second Street East - Suite 211 Kalispell, Montana 59901 Phone: (406) 751-1850 Fax: (406) 751-1858 tricity@centu rytel.net May 11, 2004 Chris Kukulski, City Manager City of Kalispell P.O. Drawer 1997 Kalispell, MT 59901 Re: Final Plat for Ashley Meadows Subdivision Dear Chris: Our office has received an application from Sands Surveying for final plat approval of Ashley Meadows Subdivision that plats 13 single-family lots on approximately 4.415 acres. This subdivision is located on the east side of Denver Avenue between Bluestone and Sunnyside Drive. All of the required infrastructure has been constructed in accordance with City standards. A small segment of sidewalk remains to be completed that totals approximately $700, therefore bonding in the amount of $875 has been submitted with the final plat. This property was annexed to the city in May of 2003 and given a zoning designation of R-4, Two Family Residential. When the property was annexed into the city, the subdivision was given preliminary plat approval by the Kalispell City Council on May 19, 2003 subject to 12 conditions. The following is a list of the conditions of preliminary plat approval for this subdivision and a discussion of how they have been met or otherwise addressed. COMPLIANCE WITH CONDITIONS OF APPROVAL Condition 1. Development of the subdivision shall be platted in substantial compliance with the approved preliminary plat which governs the location, of lots and roadways within the subdivision. This condition has been met. The final plat complies with the approved preliminary plat. Condition 2. That all of the necessary infrastructure for this subdivision shall be reviewed and approved by the Kalispell Public Works Department for compliance with the Kalispell Design and Construction Standards and a letter from Kalispell Public Works Department approving the plans and specifications for water, sewer and drainage facilities for the subdivision shall be submitted with the final plat. This condition has been met. A letter dated 7/7/03 from, the Kalispell Public Works Department approving the improvements has been submitted with the final plat. Providing 1 Community Planning Assistance To: • City of Kalispell • City of Columbia. Falls • City of Whitefish • Final Plat for Ashley Meadows Subdivision May I2, 2004 Pac,e 2 Condition 3. A letter from an engineer licensed in the State of Montana certifying that the improvements have been installed according to the required specifications shall be submitted at the time of final plat approval along with a letter from the Kalispell Public Works Department stating that the required improvements have been inspected and comply with the City standards. This condition has been met. A letter from Carver Engineering certifying the improvements has been submitted with the final plat and a letter from the Kalispell Public Works Department approving the plans for the improvements. Condition 4. Development of the landscape boulevard with location of street trees shall be placed in accordance with a plan approved by the Kalispell Parks and Recreation director. This condition has been met. A letter from the Kalispell Parks and Recreation Department has been submitted approving the landscaping and landscape plans for the boulevard has been submitted with the final plat. Condition 5. The road within the subdivision shall be named "Denver Court" and signed in accordance with the policies of the Kalispell Public Works Department and the Uniform. Traffic Control Devices Manual and be subject to review and approval of the Kalispell Fire Department. • This condition has been met. A letter from. the Kalispell Fire Department approving the fire access and hydrants has been submitted with the final plat. Denver Court has been renamed to Rimrock Court in accordance with the requirements of the Kalispell Fire Department and Public Works Department. Condition 6. The developer shall provide a letter from the U.S. Postal Service approving the plan for mail service. This condition has been met. A letter from the USPS approving a common mail delivery site has been submitted with the final plat. Condition 7. That the parkland dedication requirements shall be met by paying cash -in -lieu of parkland dedication in the amount of one ninth of the area devoted to lots or 0.38 acres, based on a value of $10,000 per acre in the amount of $3,887. This condition has been met. A check for the required cash in lieu of parkland dedication has been submitted with the final plat. Condition 8. Street lighting shall be located within the subdivision and shall be shielded so that it does not intrude unnecessarily onto adjoining properties. This condition has been met. Street lighting has been installed and certified by Carver Engineering. Final P. for Ashley Meadows Subdivision May 12, 2©04 Page 3 Condition 9. That the lots within the subdivision be reconfigured so that all lots meet the minimum 50-foot lot width requirements of the R-4 zoning district. This condition has been met. The irregularly shaped lots comply with the minimum lot width requirement of 50 feet at the building setback line and comply with the R-4 zoning. Condition 10. The 100-year floodplain be indicated on the final plat. This condition has been met. The 100-year floodplain has been shown on the face of the final plat. Condition 11. Lots 4 and 5 shall have a minimum 40 by 40 foot building pad indicated on the plat that comply with the zoning setbacks of the R-4 zone are not on slopes in excess of 25 percent. This condition has been met. The building sites have been indicated on the final plat. Condition 12. The remainder parcel shall be annexed into the city of Kalispell concurrent with or prior to final plat approval of any phase of this subdivision. This condition has been met. A petition to annex the remainder parcel was submitted concurrently with the final plat application and will be scheduled for the ..Tune planning board meeting. Condition 13. That consideration be given to the relocation of the existing house to allow for the alignment and extension. of Bismark Street which would necessarily result in the reconfiguration of the subdivision but not an additional formal preliminary plat review. • This condition has been met. The property owner is not inclined to relocate the house and the new internal roadway, Rimrock Court has been constructed. Condition 14. That a minimum of two-thirds of the necessary infrastructure for each phase of the subdivision shall be completed, prior to final plat submittal. With the filing of the final plat for each phase, an additional three-year extension shall be automatically granted for subsequent phases. This condition has been met. All of the infrastructure for the subdivision has been completed with the exception of a small segment of sidewalk which has been bonded for. Condition 15. All areas disturbed during development of the subdivision shall be re - vegetated with a weed -free mix immediately after development. Final Plat for Ashley Meadows Subdivision May 12, 2004 Page 4 • This condition has been adequately addressed_ Revegetation of disturbed areas appears to have been revegetated and will continue to be restored as lots within the subdivision are developed. I. Condition 16. 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 submitted 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 reviewed and approved by the City Council on May 19, 2003. 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 can be found to be in compliance with the Kalispell Zoning Ordinance and the R-4, Two Family Residential, zoning designation for the property which governs the dimensional requirements of the lots within the subdivision as well as the uses. RECOMMENDATION: All of the conditions of preliminary plat approval have been met or otherwise adequately addressed. The staff would recommend that the Kalispell City Council approve the final plat for Ashley Meadows Subdivision. Please schedule this matter for the regular city council meeting of May 17, 2004. Sincerely, 7al . .......... .... Narda A. Wilson Senior Planner NW/ Final Plat for Ashley Meadows Subdivision Ma}, 12, 2004 Page 5 Attachments: Vicinity map Reduced plat showing subdivision 1 opaque mylars of final plat 1 reproducible mylar of final plat 1 copy of final plat Ltr from Sands Surveying dated 5/3/04 Final plat application no date Ltr from MDEQ dated 7/ 14/04 Ltr from Health Dept dated 7/8/03 Ltr from Kalispell Public Works Dept dated 7/7/03 Ltr from Kalispell Public Works Dept dated 7/7/03 Ltr from Carver Engineering dated 4/30104 Engineers certification on remaining improvements Subdivision improvements agreement Ltr from Kalispell Fire Dept dated 4/27/04 Ltr from Kalispell Parks and Rec dated 5/3/04 Ltr from USPS no date Treasurers certification dated 4/22/04 Title report dated 3/26/04 Consent to plat dated 4/26/04 Cash in lieu of parkland check for $3887 Check for remaining improvements $800 c: Sands Surveying, Inc., 2 Village Loop, Kalispell MT 59901 Tim. Knoll, 880 Sunnyside Drive, Kalispell, MT 59901 Theresa White, Kalispell City Clerk H:\...,KFP040BASHiLEY MEADOWS.DOC -*fr Montana Department of � NVM0NMENTALOUA= Judy Martz, Governor P.O. Box 200901 • Helena, MT 59620-0901 • (406) 444-2544 • www.deq.state.mt.us July 14, 2003 Carver Engineering Inc Andy Hyde PE 1995 Third Ave East Kalispell MT 59901 Dear Mr Hyde: RE: Ashley Meadows Municipal Facilities Exclusion EQ#04-1002 City of Kalispell Flathead County This is to certify that the information and fees received by the Department of Environmental Qualityrelating 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), MCAJ. Construction of water or sewer extensions prior to approval is prohibited, and is subject to penalty as prescribed in Title 75, Chapter 6 and Title 76, Chapter 4. This file has been mailed to the Water Protection Bureau, Kalispell Office for their review. Sincerely, ,r Janet Skaarl.and Compliance Specialist Subdivision Section Water Protection Bureau (406) 444-1801 —email jskaarland@state.mt.us cc: City Engineer County Sanitarian file Centralized services Division • Enfarcement Division • Permitting & Compliance Division • Planning, Prevention & Assistance Division • Remediation Division Environmental Health Services 723 5th Avenue East Kalispell, MT 59901 (406) 758-5760 Fax: 758-5859 Tuesday, July 08, 2003 Andy Hyde, P.E. Carver Engineering, Inc. 1995 Third Ave. E. Kalispell, MT 59901 Re: Ashley Meadows Subdivision, Wat. & Sew. Exts., Proj. # H-03-09 Dear Andy: Administration 758-5828 FAX 758-5858 Community Health Services 758-5741 FAX 758-5858 Reproductive Health Services 758-5755 FAX 758-5926 Home Health Services 862-9030 FAX 862-9025 WIC Services 758-5752 The Engineering report,plans with specification notes, certified checklists and required documents for the above referenced project have been reviewed by this office and are satisfactory. Approval to proceed with the project is hereby given. One set of the approved plans is enclosed. This project includes installation of water and sewer main extensions as shown on plans prepared by Carver Engineering and received by this office on 7/7103. The plans were submitted under the seal and stamp of Andrew J. Hyde, P.E. #07939. Approval is given with the understanding that any deviation from the approved plans and specifications will be submitted to the department for review and approval. Prior to commencing use of any portion of a new public system, the owner or his engineer, shall certify by letter to the Department that the portion of the system to be put into use was built in accordance with approved plans and specifications. As -built drawings for the portion of the system put into use must be provided to the Department within 90 days after the date of initial use. Within 90 days after tie entire project has been completed, the project engineer shall certify to the Department that the project was inspected and found to be installed in accordance with the plans and specifications approved by the Department. This certification shall be accompanied by a set of rec:sT-d as built drawings of the entire project, signed by the project engineer. It is the mission of the Flathead City -County Health Department to assure the conditions in which people can be healthy through collaboration, promoting stewardship of our resources, and providing preventive health services to our community. It is further understood that construction will be completed within three years following the date of approval. If more than three years elapse before completing construction, plans and specifications must be resubmitted and approved before construction begins or resumes. This three year expiration period does not extend any compliance schedule requirements associated with a Department enforcement action against a public water or sewage system.. Please contact this office if you have any questions. Sincerely, Richard T. Montgom , Environmental Engineer copies to: Water Quality Division - Kalispell City of Kalispell, Dept. of Public Works £..e Kalispell Pubfic Works Department 't r` Post Office Box 1997, Kalispell., Montana 59903-1997 - Telephone (406)758 -'772 , Fax (406)758-783 1 July 7, 2003 Carver Engineering, Inc. Consulting Engineers 1995 Third Avenue East Kalispell, Montana 59901 Attention. Andy Hyde, P.E. RE: Ashley Meadows Subdivision Kalispell, Montana Dear Andy; The recently submitted plans for the referenced project are hereby approved. Attached is your copy of the letter of approval sent to the Flathead City -County Health Department, We look forward to working with you on this project. Respectfully, Frank Castles, P.E. Civil Engineer Attachment: As Stated Uity of Kalispell Public Works Department Post Office Box 1997. Kalispell, Montana 59 3-1997 _ Telephone ne (4()6)758-7720. Fax (A j 58-7831 July 7, 2003 Environmental Health Services Flathead City -County Health Department 1035 First Avenue West Kalispell, Montana 59901 Attention: Dick Montgomery, P.E. RE: Ashley Meadows Subdivision Kalispell, Montana Dear Dick, This letter is to confirm that the City of Kalispell has reviewed and approved the plans and specifications prepared by Carver Engineering, Inc., for the referenced project. The Kalispell water and sanitary sewer systems have adequate capacity to serve the project. Please feel free to call if you have any questions. Respectfully, A L-7Nz— Frank Castles, P.E. Civil Engineer Andy Hyde, P.E. Carver Engineering, City of Kalispell Public .Works Department Post Office Box 1997, Kalispell, Montana 59903-1997 - Telephone (406)758-7724, Fax (406)'158 7831 May 12, 2004 Sands Surveying, Inc. 2 Village Loop Kalispell, Montana 59901 Via fax: 755-6488 RE: Ashley Meadows Subdivision Gentlemen: Based upon certifications received from Carver Engineering, Inc., and a cursory examination by this office It appears that all the installed City owned infrastructure improvements meet the intent of the approved design documents and the City of Kalispell Design and Construction requirements. The remaining items of work to be completed are two small portions of sidewalk. If you have any questions, or need further assistance please do not hesitate to contact this office. Since ly, Frank Castes, P. . Assistant City Engineer Cc: Narda Wilson, "Tri City Planning Via fax 751-1858 am Carver Engineering, Inc. Consulting Engineers Civil Structural April 30, 2004 Environmental Frank Castles City of Kalispell P.O. Box 1997 Kalispell, MT 59903 Subject: Ashley Meadows Subdivision Certification Completion of Improvement Construction Dear Frank: Pursuant to Condition Number 3 of the Conditions of Preliminary Plat Approval for Ashley Meadows (Resolution Number 4788), please accept this letter as certification that the necessary infrastructure improvements (water main extension, sewer main extension, roadway and storm drainage facilities) for the Ashley Meadows subdivision are substantially complete. Based upon my observations, it is my opinion that the work has been constructed in reasonable compliance with the approved plans and specifications. Also know that street lighting has been installed according to Preliminary Plat Approval Condition Number 8. Sincerely, CARVER ENG KALISPELL FIRE DEPARTMENT Randy Brodehl - Fire Chief Jim Stewart - Assistant Chief/Prevemion V�,-e McCluskey — Assistant Chief/Opera6ons April 27, 2004 Sands Surveying 2 Village Loop Kalispell, MT SMI Attn: Erica Wirtala Ike: Final plat approval -- Ashley Meadows Dear Erica, 312 First Avenue East Kalispell, Montana 59901 (406) 759-7760 FAX. (406) 759-7952 In response to your request for final plat approval of the above -reference project we have the following information. e Fire hydrant locations and fire department access are approved by this depaftent Please contact me if you have any questions. Sincerely, Jim Stewart Assistant Fire ChieflFire Marshal Kalispell Fire Department cc: Narda Wilson, Tri-Clty Planning Office Tim Knoll, Alpine Peak Construction Inc "Asswing our eommanity in reducing, pmw.nting, and mi galing emergemles. " . t of Kali eff 351 6, Ave East — P O Box 1997 -- Kalispell MT 59903-1997 "Alr )"�\ Phone: (406) 758-7718 Fax: (406) 758-7719 Email: parknrec@kalispell.com Parks and Recreation RECEIVED MAY V 4 200 TRI-CIS' P .�iN May 3, 2a�04 Ms. Erica Wirtala Sands Surveying 2 Village Loop Kalispell, MT 59901 Re: Ashley Meadows Landscaping Dear Erica: Our office has completed an on site inspection of the Ashley Meadows Subdivision and found the street trees to be planted in accordance to the Street Tree Ordinance and subdivision requirements. This portion of the landscaping requirements meets with our approval. Revegetation of the remaining boulevard area needs to be completed by seeding, sod, bark mulch or other acceptable materials. Rock of any kind is not an acceptable landscape material. It has been enjoyable working with you, if you have any concerns or questions please give me a call. Sincerely, Michael Baker, Director JU--� UN1TEDSTATES POSTAL SERVICE FLATHEAD STATION 248 FIRST AVENUE WEST KALISPELL MT 59101-9998 March 30,2004 To: Flathead County Planning Board RE: Ashley Meadow9�ots1-4 Denver Ave To whom it concerns: The above referenced project has been reviewed. A suitable locations for mail delivery has been established Centralized boxes will be installed at a suitable location with a turnout for the carrier to service these boxes. If you have any questions please feel free to call me at (406) 755-0187. Sincerely yours: Elden Marvel, Mgr. Cust. Serv. (406)-755-0187 Fax: (406} 755-0376 BY: SANDS SURVEYING INC. 2 VILLt,6P LOOP KAL.ISPELL,MONPANA 59901 PH:(4W 75544$1 PREMMINARY PLAT OF ASHLEY MEADOWS A SUBDIVISION IN THE NE1/4 NII1/4, OF SECTION 19, T.249N„ R21)I., P.M, M. Lon* 225701 FLATHEAD COUNTY, MONTANA FOR T€M KNOLL Z GWWC SCALE DATE: MARCH 7.2003 �;'; �•pa iixem] 23.72' N�544.993. ib.' 3is ursc.Rlr�'loN: � h C1. 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'� j�fy ,�' S33n34'5SE Grrcl: Tfrxe almy and tlmearl 5e f'5734l on x% 599'3T34'E 115.58 }724' eee ana.,r '(xF I i I V [f ' Y� Iezteoev rr. _ ryn_`i":e 3 E F teet;533'19'1OR G4.961xC;50(,'ST3$'E23.72 Felt: 549'F2';19'F 6.9.201p, Q4e, h 542W23F. iWXB Feet! 533,U59t' 1.7.24 FeeN Thence IdNrcg _d Fhrrsd PrSOLW 55TRE �.. ... ET — I �ewnn eu 8 a4ea •E, 59O"1H1(TF3&3LfI Fcd rtrako khe prnkd bcynnay am a mnus34.€ 5ACFLS; r.3sMRr -t: a 60 I—t d end afty eesurc�2 6 Nwnn he 5.bj— 0 aid 0 rer„o,r .^. �' : 4 "''�' together with all aFp,at_n eazemeeez d rcrm 1. 1 I f% ' (D E L=47 rn LOT22 ! I s °a• ''"a TOTAL AREA: 4.415 AC. I� LOTS (13) 3.534AC, I I N BB'21'24' E iB7.39' L.5 ROAD 0.881 AC. FTI NOTE: RIDGE VFEW GDUKi :5 to be decNratdi to tNe [;1ty ar Ic,�lypeu. 1 e= (J) I ----BSCX.E•--'1AIHhL--C�tFRi--- uis ows `? 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I M! 179 32 209�- L A' l7i17 � 6L 2 172\ 20Z-' "WAY 96 ')03 88 i L30 I'M 90 6LA 8B 205 92 2 93 VICINITY MAP TIM KNOLL PRELIMINARY PLAT ASHLEY MEADOWS A 13 LOT RESIDENTIAL SUBDIVISION ON 4.413 ACRES IN CONJUNCTION WITH INITIAL ZONING UPON ANNEXATION Ll 111_1_j 100 YEAR FLOODPLAIN PLOT DATE: 4/4/03 FILE # KPP-03-3 'SCALE 1" = 300' ffi\giz\site\kpp03-3-dwg SANDS SURVEYING, INC. 2 Village Loop Kalispell, MT 59901 406-755-6481 Fax 406-755-6488 May 3, 2004 Tri-City Planning Office Narda Wilson, Senior Planner 17 Second Street East; Suite 117 Kalispell, MT 59901 RE: Final Plat for Ashley Meadows Dear Narda: Attached please find the materials necessary to file the final plat for Ashley Meadows subdivision. This was approved by the Kalispell City Council on May 19, 2003, and will expire as of May 9, 2006. 1 have listed each Condition of Subdivision Approval, and then noted as to how each Condition was met. 1. Development of the subdivision shall be platted in substantial compliance with the approved preliminary plat which governs the location of lots and roadways within the subdivision. This is in substantial compliance with the preliminary plat submitted for review. 2. That all of the necessary infrastructure for this subdivision shall be reviewed and approved by the Kalispell Public Works Department for compliance with the Kalispell Design and Construction Standards and a letter from Kalispell Public Works Department approving the plans and specifications for water, sewer and drainage facilities for the subdivision shall be submitted with the final plat. Please refer to the attached letter from Frank Castles, Kalispell Public Works Engineer approving the plans for necessary infrastructure. 3. A letter from an engineer licensed in the State of Montana certifying that the improvements have been installed according to the required specifications shall be submitted at the time of final plat approval along with a letter from the Kalispell Public Works Department stating that the required improvements have been inspected and comply with the City Standards. Please refer to the attached letters from Frank Castles, Kalispell Public Works Engineer and Carver Engineering certifying all improvements have been installed according to specifications. 4. Development of the landscape boulevard with location of street trees shall be placed in accordance with a plan approved by the Kalispell Parks and Recreation director. Refer to attached letter from Mike Baker. 5. The road within the subdivision shall be signed in accordance with the policies of the Kalispell Public Works Department and the Uniform Traffic Control Devices Manual and be subject to review and approval of the Kalispell Fire Department. See attached letter from Jim Stewart, Kalispell Fire Department, approving the road and hydrant location. 6. The developer shall provide a letter from the U.S. Postal Service approving the plan for mail service. See attached letter from USPS. 7. That the parkland dedication requirements shall be met by paying cash -in -lieu of parkland dedication I the amount of one ninth of the area devoted to lots, or 0.38 acres, based on a value of $10,000 per acre in the amount of $3,887.00 Check is enclosed for the above stated amount made out to the City of Kalispell. 8. Street lighting shall be located within the subdivision and Shall be shielded so that it does not intrude unnecessarily onto adjoining properties. Street lighting is so shielded. 9. That the lots within the subdivision be reconfigured so that all lots meet the minimum 50- foot lot width requirements of the R-4 zoning district. Please refer to the face of the final plat. t ....191till mll;- Please refer to the face of the final plat. 11. Lots 4 and 5 shall have a minimum 40 x 40 building pad indicated on the plat that complies with the zoning setbacks of the R-4 zone, and are not can slopes in excess of 25%. Please refer to the face of the final plat. 12. The remainder parcel shall be annexed into the City of Kalispell concurrent with or prior to final plat approval of any phase of this subdivision. 13. That consideration be given to the relocation of the existing Douse to allow for the alignment and extension of Bismark Street which would necessarily result in the reconfiguration of the subdivision but not an additional formal preliminary plat review. -. E 14. That a minimum of two-thirds of the necessary infrastructure for each phase of the subdivision shall be completed prior to final plat submittal. With the filing of the final plat for each phase, an additional three-year extension shall be automatically granted for subsequent phases. The subdivision is submitted as one phase. 15. All areas disturbed during development of the subdivision shall be re -vegetated with a weed -free mix immediately after development. This has been completed. 16. That preliminary approval shall be valid for a period of three years from the date of approval. This subdivision is submitted before the expiration deadline. Thank you for your kind consideration of this final plat. Please do not hesitate to call should you have any further questions or concerns. Sincerely, Z,7 Erica Wirtala T ri-City Planning Office 17 Second St East, Suite 211 Kalispell, XT 59901 Phone: 1406) 751-1850 Fair: (406) 751-1858 FINAL PLAT APPLICATION Project Name: ASHLEY MEADOWS Contact Person: Name: TOM SANDS SANDS SURVEYING INC. Address: 2 VILLAGE LOOP KALISPELL, MT 59901__ Phone No.: 755-6481 Owner & Mailing Address: TIM KNOLL 880 SUNNYSIDE DRIVE KAL SPELL, MT 59901 Date of Preliminary Plat Approval: MAY 19 2003 Type of Subdivision: Residential XX Industrial Commercial PUD Other No. of Lots Proposed 13 LOTS Parkland (acres) Land in Project (ac.) 4.415 cash -in -Lieu Exempt 1 "Igo . C FILLING FEE ATTACKED �i 00 Minor Subdivision with approved preliminary plat Major Subdivision with approved preliminary plat Subdivisions with Waiver of preliminary Plat Subdivision. Improvements Agreement Not Attached Applicable (MUST CHECK ONP $300 + $30/lot $650 + $40/lot $500 + $30 / lot $ 50 _xx Health Department Certification (Original) Title Report (Original, not more than 90 days old) _ME Tax Certification (Property taxes must be paid)l) XX Consent(s) to Plat (Originals and notarized) Subdivision Improvements Agreement (Attach collateral) _— Parkland Cash -in. -Lieu (Check attached) Maintenance Agreement �rx Plats: 1 opaque OR 2 Mylars I Mylar copy I signed blueline 4 bluelines 4 bluelines, unsigned The plat roust be signed by all owners of record, the surveyor and the examining land surveyor. Attach a letter, which lists each condition of preliminary plat approval, and individually state how each condition has specifically been met. In cases where documentation is required, such as an engineer's certification State Department of Health Certification, etc., original letters shall be submitted. Blanket statements stating, for example, "all improvements are in place" are not acceptable. A complete final plat application must be submitted no less than 60 days prior to expiration of date of the preliminary plat. When all application materials are submitted to the Tri-City Planning Office, and the staff finds the application is complete, the staff will submit a report to the governing body. The governing body must act within 30 days of receipt of the revised preliminary plat application and staff report- Incomplete submittals will not be accepted and will not be forwarded to the governing body for approval. Changes to the approved preliminary plat may necessitate reconsideration by the Planning Board. I certify that all information 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 PTOcess- "NOTE Please be advised that the County Clerk and Recorder requests that all subdivision final plat applications be accompanied with a digital copy. Y CUI Y tr&(s) Signature tl **A digital copy of the final plat in a Drawing Interchange File (DXF) format or an AutoCAD file format, consisting of the following: layers: 1. Exterior boundary of subdivision 2. Lot or park boundaries 3. Eastment 4, Roads or rights -Of -way S. A tie to either an existing subdivision comer or a comer of the public land survey sytem As approved by the TCPB on 12/19/01 Effective 1/1102 Plat Room Flathead County, Montana 800 S. Main St. Kalispell, MT 59901 (406) 753--5510 This Form is for Subdivisions & Condominiums Only a ara5ando `nab ,1\4 FOR: Wf NA i�'ti 4lLC i0T,__ DATE %5A';1r� U DESCP: £.c _ n_4(j0_Z()<_) PURPOSE -1 (` �{r Tr-A6% YEARS 1999 TW9-1 aq.__ & TO DATE ASSESSOR # Do q�776 0 Coo 3a.ald 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. k 'y Qepdtp� reasu;r r �.tj • � $ T AMERt 0 FirstAmerican Title Insurance Company P-V ValidCalting §,rApatoRi H3, Form No. 1282 (Rev. 12/15/95) FILE NO.: CT-80586 CT-80586 FEE: $125.00 H--358862 SUBDIVISION OR PROPOSED SUBDIVISION: Ashley Meadows SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE LIMITS OF LIABILITY, AND OTHER PROVISIONS OF THE CONDITIONS AND STIPULATIONS HERETO ANNEXED AND MALE A PART OF THIS GUARANTEE, FIRST AMERICAN TIT -LE INSURANCE COMPAN-Y, A CORPORATION, HEREIN CALLED THE COMPANY GUARANTEES: Sands Surveying, Inc. 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 most Easterly 10 acres of the NE1/47 1/4 of Section 19, Township 28 North, Range 21 Test, P.M.M., Flathead County and more particularly described as follows to wit: Commencing at the CN1/16th corner of said Section 19 which is a found iron pin, said point being the True Point of Beginning; thence South 88'24'03" West, a distance of 334.05 feet to a found iron pin, said point being the SW corner of the most Easterly 10 acres of the said NE1/4N1,a/4; thence North 0'18'06" West, a distance of 511.74 feet to a found iron pin; thence North 88'08137" East, a distance of 55.00 fleet to a found iron pin; thence North 0°17'45" West, a distance of 246.03 feet to a point on the thread of Ashley Creek; thence following the thread of Ashley Creek the following eight courses South 35°25'27" East, a distance of 74.07 feet; thence South 37'32'13" East, a distance of 85.25 feet to a point; thence South 28'23,09" East, a distance of 56.66 feet to a point; thence South 39`16'09" East, a distance of 51.61 feet to a point; thence South 39'31'24" East, a distance of 47.23 feet to a point; thence South 39'51144" East, a distance of 45.59 feet to a point; thence South 43'35'22" East, a distance of 59.46 feet to a point; thence South 58'22'20" East, a distance of 30.63 feet to a point on the East boundary of the said NE1/4N,,11/4; thence leaving said thread of Ashley Creek, South 0'17'54" East, a distance of 401.92 feet to the Place of Beginning. Shown as Tract 2 of Certificate of Survey No. 14121. Continued... FILE NO.: C'.'--80586 Page 2 of 3 h 358862 TO BE KNOWN AS: Ashley Meadows (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 by said Plat are: Alpine Peak Construction, Inc. and Glacier Bank (2) Parties holding liens or encumbrances on the title to said lands are: 1. General and special county taxes for the year 2004, a lien not yet payable. NOTE: General and special county taxes for the year 2003 and all prior years have been paid in full. 2. Deed of Trust dated May 1, 2003, to secure an indebtedness in the principal sum of AMOUNT $263,644.00, and the total principal indebtedness that may be outstanding at any given time which is secured by this Deed of Trust is $315,643.30. RECORDED May 2, 2003, as Doc. No. 2003--122-13420, records of Flathead County, Montana. GRANTOR Alpine Pear Construction, Inc. TRUSTEE Citizen's Title and Escrow Co., Inc. BENEFICIARY: Glacier Bank (3) Easements, claims of easements and restriction agreement of record are: 1. Developer Extension Agreement for an extended water and extended sewer mains, recorded June 5, 1996, as Doc. No. 96--157-11320, records of Flathead County, Montana. 2. Any claim arising from the difference in the mean low water line of Ashley Creek and the meanderline as shown by the Government Survey. (Lots 1, 2, 3, 4 & 5) 3. Any action based on the claim that any part of the insured premises is within or under navigable water. 4. Resolution No. 4787 executed by the City of Kalispell for annexation and zoning, recorded June 9, 2003, as Doc. No. 2003-160-11020, records of Flathead County, Montana. Continued... FILE NO.: CT-80586 Page 3 of 3 H 358862 5. Petition to Annex and Notice of Withdrawal from Rural Fire District recorded Tune 9, 2003, as Doc. No. 2003-160-11030, records of Flathead County, Montana. 6. Utility Easement Certificate depicted on the unrecorded Plat of Ashley Meadows in our file. 7. 100 year flood plain as shown on the unrecorded Plat of Ashley Meadows in Our file. 8. The above described property is located within and subject to the jurisdiction of the City of Kalispell. Fire District. DATED: March. 26, 2004, at 8:00 A.M. Subscribed and sworn to before me this `, ,NMI. WORF Nl;3AR`1 PUBiJO 4`' ii3TA ix4 . idirg 8t KE Pel' L Uf+1an� SEAL C�M . catphw" p 23, 2 i;r, ss Notary Public for State of Montana Residing at My Commission Expires THE END CONSENT TO PLATTING Pursuant to Section 76-3-612, MCA 1979, the undersigned, Glacier Bank as a beneficiary of the Deed of Trust, dated May 1, 2003 for the amount of $263,644.00, hereby consents to the Platting of a tract of land to be known and named as the "Ash]ev Meadows", see plat attached. IN WITLESS WIMRFOF, said party has caused their name to be subscribed hereto on this clay of , 20 1 STATE OF MONTANA ) SS COUNTY OF FLAHTEAD ) On this ' day of , 200 '4 , before me a Notary Public for tl e State of Montana, personally appeared whose name is subscribed to the foregoing instrument and acknowledged to me that they executed the same. Notary Public for the State of Montana .Residing at: My Commission EXpiT's: i 1