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Staff Report/Final PlatFlathead Regional Development Office 723 Sth Avenue East -Room 414 Kalispell, Montana 59901 REPORT TO: FROM: SUBJECT MEETING DATE: Kalispell Mayor and City Council Narda A. Wilson, Senior Planner Chris A. Kukulski, City Manager Final Plat for Ashley Park Phase III January 3, 2000 Phone: (406) 758-5980 Fax: (406) 758-5781 BACKGROUND: This is a request for final plat approval of Ashley Park Phase III, a residential subdivision with 30 lots on approximately 5.44 acres located on the west side of Airport Road and south of Ashley creek. Preliminary plat approval for this subdivision was granted by the Board of County commissioners on May 10, 1994 as a multi -phase subdivision. One of the terms of preliminary plat approval is that each final plat that is filed provides an automatic two year extension of the preliminary plat approval. Most of this development is still within the County jurisdiction, and as each phase is developed, that portion of the subdivision has been annexed into the city. An annexation request for this subdivision has been filed concurrently with the final plat. The annexation and final plat are being presented together to the council with the annexation being scheduled first, of course, then the final plat. It should be noted that only 17 percent of the improvements for this subdivision were completed at the time the final plat application was submitted. The remaining 83 percent remaining infrastructure improvements are proposed to be addressed through a subdivision improvements agreement which was submitted with the final plat. A letter of credit in the amount of 125 percent of the remaining work has been submitted as collateral for the improvements to be completed RECOMMENDATION: Upon acceptance of the subdivision improvements agreement, a motion to approve the final plat for Ashley Park Phase III would be in order. FISCAL EFFECTS: Potential minor positive impacts once developed. ALTERNATIVES: As suggested by the city council. NFTiv Narda A. Wilson Chris A. Kukulski Senior Planner City Manager Report compiled: December 22, 1999 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 SUBDIVISION IMPROVEMENT AGREEMENT CQ 00 0 THIS AGREEMENT, made and entered into this _ day of Imo; by and between CITY COUNCIL, CITY OF KALISPELL, MONT kNNL arty of t e First Part and hereinafter referred to as the CITY, and SON ERS LAND COMPANY, a corporation located at 1995 Third Avenue East, Kalispell, Montana 59901, Party of the Second Part and hereinafter referred to as DEVELOPER. ■ _" THAT WHEREAS, the Developer is the owner and developer of a new subdivision known as Ashley Park, Phase III, located in Kalispell, Montana in the N 1 /2, SE 1 /4 of Section 19, Township 28N, Range 21 W, Flathead County, Montana; and, WHEREAS, the City has conditioned it's approval of the final plat of Ashley Park, Phase M, upon the conditions as set forth in the Preliminwy 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 sure of $ 1543335.28 . NOW THEREFORE, in consideration of the approval of the final plat of said Subdivision by the City, the Developer hereby agrees as follows: I . 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 $ 192,919.10 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 follm ing: a. That the creditor guarantees funds in the sum of $_ 192, 919.10 , which represents 125% of the estimated cost of completing the required improvements in Ashley Park, Phase III. 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 _ _August_ 1512000 . Page 1 3. That upon completion of the required improvements, the Developer shall cause to be filed with the City a statement certifying that: a. All required improvements are complete; b. That the improvements are in compliance with the minimum standards specified by the City for their construction and that the Developer warrants said improvements against any and all defects for a period of one (1) year from the date of acceptance of the completion of those improvements by the City; C. That the Developer 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 deternunes 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. Page 2 IN WITNESS WHEREOF, the Parties to this agreement have hereunder set their hands and seals the day and year herein before written. ASHLEY PARK, PHASE III BONERS LAND COMPANY (Title) STATE of MONTANA, COUNTY OF FLAAD On this ' day of } .ce r �Q _ 1999, before me, a Notary Public for the State of y Montana, personally appearedv - mown to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same. IN 'FITNESS WREOF, I have hereunto set my hand and affixed my Notary Seal this day and year first above written. e +�raRr weucMWMy► oraareL SEAL* Reid"'g at Ke�SPe� AloeCF Notary Public for the State of Montana Residing atj<ltX,C,daQ�� My Commission Expires l b 003 This agreement is hereby approved and accepted by the City of Kalispell this MAYOR, CITY OF KALISPELL By- IjV f 1 I - Mayor I day*"'!���r1t�t�!�����#�r�rrrfri�l. ,. ..- fQW0FRFAT SEAL By'-:4� ] -T �.. �. ATTEST: Page 3 cfirlathi'ctL� 01ITif7 r va-rila of �� IITYLITii55IitY1PT5 8CC SOUTH MAIN STRE= T May 10, 1994 • KALISPE ... MCNTANA 59901 Mr. Stephen F. Herbal y, Di reetor 75S-55a3 (4C6) VXxiRj�kj Flathead Regional Development Office 72.3 Fifth Avenue East Kalispell, i'viontana 59901 RE: Preliminary Flat - ASHLEY MEADOWS SUBDIVISION •`� � . 4`" v Lti z � Dear Mr. Herbaly : On this date, the Flathead County Board of Commissioners reviewed the prel0 is umnary plat application for Ashley Meadows Subdivision. The Board of Commissioners has granted conditional approval to this request. A copy of the conditions, Exhibit A, is attached for your reference. This preluninary plat approval is in effect for two years and will expire on May 10, 1996. Please contact our office if you have any questions regarding this matter. Sincerely, BOARD OFCONfMISSTONERS FLATHEAD COUNTY, M O ■ T A A William R. HedstroChairman Howard W. Gipe, Member �./- Sharon L. Stratton, Member Attachment: Exhibit A cc: Dennis Carver Carver Engineering Somers Land Company 1995 Third Ave. East 1995 Third Ave. East Kalispell, MT 59901 Kalispell, MT 59901 EXHIBIT A Conditions. upon which preliminary plat approval has been granted to Ashley Meadows Subdivision on this date of flay lo, I994, are as follows: T'nat the subdivision obtain approval from the Nf ontana Deparmsent of Health and Environmental Sciences. 2. all water Lines, sanitary sewer, culver rs. and storm sewer iineslswales shall be built ac0,ordin.g to plans and specifications approved by the City of Kalispell Public works GF Department. All water, sewer rnan extensions, and storm sewer hneslswales on private property shall be placed within suitable easements and approved by the City of Kalispell Public works Depanment. 3 . The construction of all streets, curbs. gutters. and sidewalks shall be done in compliance with City of Kalispell standards and approved by the City of Kalispell Public works Deparrnonent. 4. A 20400t reserved scrip for right-ofwav be imintained along the westerly boundary in common with the rail right-of-way for the future alternate highway 93 route. If the highwav is constructed prior to final plat of phases 6 and 7, any remainder not used for right-of-way may be included into adjoining lots, so as to increase their depth. 5. Prior to plat of phase 2, installation of the northerly access route through South Meadows is to be completed. 6. All utilities shall be installed underground. 7. The owner shall pay a cash -in -lieu of parr land payment equal to I19th of the undeveloped market value of that por ion of the site proposed for final plat. 8. Placement of fire by dra nts shall be approved b v the City of Kal sp ell Fire Department. Documentation from the chief of the City of Kalispell Fire Department, which indicates that the proposed fire suppression facilities are adequate, shall be submitted with the appiicarion for final plat approval. 9. Tais prefiminary plat approval is valid for a period of two (2) years. The project is also approved in seven (7) phases. This two-year period is based on approval of plat of phase 1 within this two (2) years. Upon approval of each phase, an additional two (2) years to receive f nai plat for the next phase is granted. A one (I) year extension may be granted for each individual. phase. If any phase expires, the re g unrecorded phases also expire. 10. The lots meet the City of Kalispell Zoning Rer ularions . 11. Lot numbers, street addresses, and net acreage for each lot shall be included on the face of the final plat. 12. All streets shall be clearly signed in a manner conformung to City of Kalispell standards. Conditions of Preliminary Plat/Ashley Meadows Subdivision Paae 2 13. Prior to f n.ai plat of each phase, annexation s%II occur. 14. Street tree planting sha11 be coordinated in partnership with the City of I alispe:l Parks Department. BOARD OF COMMSSIONERS FLATHEAD COUNTY, MONTANA wlliam R. Hedstrona, C ti Howard W. Gipe, Member Sharon L. S=on, member �jc`it�tEcl]b Q.,IILITIft1 car, of Lf,�mxnt��t�xY.er� 8GQ SvUTH MAIN STREc i KAUSPELL MCNTANA 59901 (406) 750-5050 June 22, 1994 Mr. Dennis F . Carver % Carver Engineering 1995 - 3rd Avenue East Kalispell, Montana 59901 Re: Ashley Park Subdivision - Phase I Dear Mr.-. Carver: This letter is a follow-up of your June 7, 1994 meeting with the Board of County Commissioners relative to condition # 13, which aid state "Prior to final plat of each phase, annexation shall oc cur `g . Your proposal was to amend the wording to appear as follows. Condition # 13. "Prior to final plat of each phase, a petition to annex for that phase shall be presented to the City of Kalispell". You presented a I etter signed by Mr . Bruce Wi I 1 iaMs, City Manager of the City of Kalispell in support of this change. After consideration and discussion and determination that this was not a substantial change, the Flathead County Board of Commissioners did unanimously approve this amendment to condition # 13. Very Truly Yours, OFFICE OF FLATHEAD COUNTY BOARD OF COMMISSIONERS Earl W . Bennett Administrative Assistant c c : FRIDC Ashley Meadows Subdivision File Fathead County Boardof C (406) 758-5503 Howard W. Gipe Robert W. Watne .. / � �. Dale W. Williams ,. i r December 1, 1999 Mr. Dew F. Carver, President Somers Land Company 1995 Third Avenue East Kalispell, Montana 59901 RE: Extension Request for ASHLEY PAT SUBDIVISION Dear Dennis: On this date the Board of Flathead County Ca Toners granted approval of a - day extension for Ashley Park Subdivision. The expiration date of December 4, 1999 has been extended to February 4, 2000. Contact this office if you have any questions regarding this matter. Sincerely, BOARD OF CGNMSSIGNERS FLATHEAD COUNTY, MONTANA Dale W. William , Robert W. Watne, Member Not Available for Signature Howard W. Gipe, Member FCBC:ecn c: Sands Surveying 1995 Tbird Ave. East Kalispell, MT 59901 ------ - ------------ - -------------------- FRDO 723 Sth Ave. East Kalispell, MT 59901 800 South Main ** Kalispell, Montana 59901 ** Fax (406) 758-5861 EXHIBIT "B" CERTIFICATION OF WORK TO BE COMPLETED ASHLEY PARK, PHASE III SUBDIVISION ROADS COMPLETED TO DATE 28-Dec-99 item Na. Description Unit Measure Estimated Quantity Unit Price Total Price QUANTITY COMPLETED TOTAL COST COMPLETED 101 Unclassified Excavation C.Y. 4,290 $ 3.25 $ 13,942.50 4,290 $13,942.50 102 Select Sub -Base, 3" H Pit Run Gravel C.Y. 3,057 $ 8.00 $ 24,456.00 0 $0.00 103 Crushed Base, 314' Crushed Gravel S.F. 66,024 $ 0.22 $ 14, 525.28 0 $0.00 104 Hot Plant Mix Asphalt A' - Two Lifts) S.F. 56,592 $ 0.75 $ 42,444.00 0 $0.00 105 Curb and Gutter L.F. 3,092 $ 7.00 $ 21,644.00 0 $0.00 106 Valley Gutters wl Aprons S.F. 612 $ 3.00 $ 1,836.00 0 $0.00 107 1 Sidewalk (5' Wide) wl Prepared Base S.F. 15,700 $ 2.50 $ 39,250.00 0 $0.00 SUBTOTAL ITEMS 101-107 1 $ 158,097.78 $13,942.50 WATER SYSTEM Item No. Description Unit Measure Estimated Quantity Unit Price Total Price QUANTITY COMPLETED TOTAL COST COMPLETED 201 1 8" PVC Water Main L.F. 1,593 $ 21.00 $ 33,453.00 1,593 $33,453.00 202 8" Gate Valves and Boxes EACH 3 $ 825.00 $ 2,475.00 3 $2,475.00 203 Fire Hydrant wl Aux. Valves EACH 4 $ 2,150.00 $ 8,600.00 4 $8,600.00 204 Tees & Misc. Fittings EACH 8 $ 425.00 $ 3,400.00 8 $3,400.00 205 1" Water Services EACH 30 $ 500.00 $ 15,000.00 30 $15,000.00 206 Flushing Hydrant EACH 1 $ 1,250.00 $ 1,250.00 1 $1,250.00 SUBTOTAL ITEMS 201 - 206 $ 64,178.00 $64,178.00 SEWER SYSTEM Item No. Description Unit Measure Estimated Quantity Unit Price Total Price QUANTITY COMPLETED TOTAL COST COMPLETED 301 8" PVC Sewer Main L.F. 1,534 $ 18.00 $ 27,612.00 1,534 $27,612.00 302 4" Services EACH 30 $ 410.00 $ 12,300.00 30 $12,300.00 303 4' Diameter Manhole wl Ring & Cover EACH 4 $ 1,300.00 $ 5,200.00 4 $5,200.00 SUBTOTAL ITEMS 301 - 303 $ 45,1 12.00 $45,1 12.00 MISCELLANEOUS WORK hem No. Description Unit Measure Estimated Quantity Unit Price Total Price QUANTITY COMPLETED TOTAL COST COMPLETED 401 Topsoil G.Y. 270 $ 15.00 $ 4,050.00 0: $0.00 402 H droseed S.F. 21,400 $ 0.05 $ 1,070.00 0 $0.00 403 Street Signs EACH 2 $ 150.00 $ 300.00 0 $0.00 SUBTOTAL ITEMS 401 - 403 $ 5,420.00 $0.00 UTILITIES Item No. Description Unit Measure Estimated Quantity Unit Price I Total Price QUANTITY COMPLETED TOTAL COST COMPLETED 501 Utility Trench L.F. 1,980 $ 2.00 $ 3,960.00 1,980 $3,960.00 502 lFurnish/Install 2" Conduit L.F. 3,520 $ 1.80 $ 6,336.00 3,520 $6,336.00 503 Furnish/Install 3" Conduit L.F. 1,540 $ 2.20 $ 3,388.00 1,540 $3,388.00 504 Sin le Phase Transformer Vault EACH 5 $ 650.00 $ 3,250.00 5 $3,250.00 505 Street Li ht Bases EACH 4 $ 340.00 $ 1,360.00 0 $0.00 SUBTOTAL ITEMS 501-505 $ 18,294.001 $16,934.00 EXHIBIT "B" ASHLEY PARK, PHASE III LETTER OF CREDIT CERTIFICATION 12/28/99 1 of 2 PAGES ENGINEERING, SURVEYING, UTILITY COMPANIES - PERMITS, FEES COMPLETED TO DATE 28-Dec-99 Item No. Description Unit Measure Estimated tluanti Unit Price Total Price QUANTBTY COMPLETED TOTAL COST COMPLETED 601 Gas Utility {Montana Power Company) LUMP SUM 1 $ 5,240.00 $ 5,240.00 100% $5,240.00 602 Teie hone Utiiit (Centu el) LUMP SUM 1 $ 8,000.00 $ 8,000.00 100% $8,000.00 603 Electrical Power (Flathead Electric Co-op) LUMP SUM 1 $ 12,000.00 $ 12,000.00 100% $1 Z000.00 604 MDEO. Review Fee LUMP SUM 1 $ 3,000.00 $ 3,000.00 100% $3,000.00 605 FRDO Final Plat Fee LUMP SUM 1 $ 550.00 $ 550.00 100% $550.00 606 Engineering Design LUMP SUM 1 $ 7,500.00 $ 7,500.00 100% $7,500.00 607 Engineering, Construction LUMP SUM 1 $ 3,500.00 $ 3,500.00 60% $2,100.00 608 Surge in , Construction LUMP SUM 1 $ 5,000.00 $ 5,000.00 60% $3,000.00 609 ISurveying, Legal LUMP SUM 1 $ 91000.00 $ 9,000.00 100% $9.000.00 SUBTOTAL ITEMS 601 - 609 $ 53,790.00 $50.390.00 ITOTAL PROJECT BUDGET ORIGINAL TOTAL ESTIMATED COST OF CONSTRUCTION AMOUNT COMPLETED PRIOR TO BONDING AMOUNT OF REMAINING WORK AMOUNT OF BOND (125% OF REMAINING WORK) AMOUNT OF WORK COMPLETED TO DATE PERCENTAGE OF WORK COMPLETED TO DATE AMOUNT OF WORK REMAINING ORIGINAL BOND AMOUNT AMOUNT OF BOND TO BE RETAINED (125°gyp OF REMAINING NVORK) BOND AMOUNT TO BE RELEASED AMOUNT PREVIOUSLY RELEASED AMOUNT TO BE RELEASED AT THIS TIME $ 344,891.78 S190,556.50 $ 344,891.78 $ 190, 5 56.50 $ 154,335.28 $ 192,919.10 $ 190,556.50 55% $ 154,335.28 $ 192,919.10 $ 192,919.10 AS ENGINEER OF RECORD FOR ASHLEY PARK., PHASE III, I CERTIFY THAT THE WORK LISTED HEREIN IS CORRECT. M ADDITION, I 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 ESTLVATED TO BE ............... $ 190,556.50 THE TOTAL VALUE OF THE REMAINING WORK, SERVICES AND FEES IS ESTLN ATED TO BE .................. $ 154,335.28 SECURITY HELD AT 125% OF THE REMAINING COSTS SHOULD BE IN THE AMOL:N I` OF ........................ $ 192,919.10 THEREFORE, IT IS IN ACCORDANCE WITH THE SUBDIVISION LNIPRONTMENTS AGREEMENT TO REDUCE THE TOTAL AMOUNT OF THE SECURITY HELD BY $ THOMAS M. COWAN, P.E. *ALL IMPROVEMENTS SHALL BE COMPLETED BY AUGUST 16, 2000 �0 T THOMAS M. COWAN .13 10323 P.E. FES5 EXHIBIT .8. AS€-sLEY PARK. PHASE €I€ LETTER OF CRED€T CERTIFICATION 1 2;2s;99 2 OF 2 PAGES VALLEY BANK 0 F K A L I S P E L L 6G January 3, 2000 IRREVOCABLE LETTER OF CREDIT NO. 1201 (Amended 1-3-2000) TO: The City of Kalispell ATTN: William Boharski, Mayor FROM: Valley Bank of Kalispell 41 Third Street west PO Box 48 Kalispell, MT 59903-0048 RE: Irrevocable Standby Letter -of -Credit No. 1201 AMOUNT: $192,919.10 EFFECTIVE DATE: January 3, 2000 EXPIRATION: October 15, 2000 Dear Mayor Boharski: We hereby establish a standby Irrevocable Letter of Credit in you favor for the sung not exceeding a total of $192,919.10 for the account of Dennis Carver, Somers Land Company, Inc. and Ashley Park, Phase III Subdivision. The required improvements for which this letter applies are enumerated as exhibit "A", attached. Draws on the Letter of Credit shall be made by the City of Kalispell upon its written .statement signed by a City Commissioner and in the following form.- RE.- valley Bank of Kalispell Irrevocable Standby Letter of Credit No. 1201 Dated January 3, 2000 The City of Kalispell hereby drawn under said Letter of Credit No. 1201 in the amount of $192,919.10. Said amount is being drawn to pay for the cost of stated specific improvements which were to be completed as set for the in the attached Development agreement dated January 3, 2000 and signed by William Boharski, Mayor. The City has given wTitten notice to Dennis Carver, Somers Land Company, Inc. of its failure to particular improvements no so completed, a copy of which written notice is attached. Such draft and supporting documents shall be presented at Valley Bank of Kalispell, 41 Third Street west, P.O. Box 48, Kalispell, Montana 59903-0048. MEMBER F.D.1.' P.d.BOX 48 KALISPELL, MT 59903-004e 405.752,7123 =AX 406,752,7320 This Letter of Credit shall terminate and expire either (a) upon the delivery to the bank of the Witten certificate by the City of Kalispell stating that Dennis Carver, Somers Land Company, Inc. has satisfactorily completed the improvements for said Phase III Subdivision, as referred to, or (b) October 15, 2000, whichever date is the sooner. The amount of this Letter of Credit may be reduced, from time to time, as improvements as listed on exhibit "A" are completed and verifies by a Certificate of Completion by the Public Works Department of the City of Kalispell. This Letter of Credit is subject to the Montana Uniform Commercial Code and the Uniform Custom and Practice for the Documentary Credits (1983 Revision) International Chamber of Commerce Document No. 400. Valley Bank of Kalispell r f r+' Allan Aronson, Senior Vice President ATTEST: f _ PEE: Dennis Carver, Somers Land Company, Inc. Phase Three Subdivision Letter of Credit No. 1201 APPROVAL The foregoing Letter of Credit is hereby approved and accepted. Dated this day of January 2000. CITY OF KALISPELL BY Wm.F. .5chars *1 0 William Boharski, Mayor Flathead Regional Development Office 723 Sth Avenue East -Room 414 Kalispell, Montana 59901 Phone: (406) 758-5980 Fax: (406) 758-5781 December 22, 1999 Chris Kukulski, City Manager City of Kalispell P.C. Drawer 1997 Kalispell, MT 59901 Re: Final Plat for Ashley Park Phase III Dear Chris: Our office has received the application for final plat approval of Ashley Park Phase III, a 30 lot residential subdivision west of Airport Road and south of Ashley Creek. A petition for annexation was fled concurrently with the final plat application. The planning board considered the appropriate zoning upon annexation at their regular meeting of December 14, 1999 and are recommending that R-4 zoning be adopted which is consistent with the zoning for other phases of the Ashley Park subdivision. The annexation request is being forwarded along with the preliminary plat. At the time this property was proposed for development it was in the County jurisdiction and was given preliminary plat approval by the county commissioners. The plat was approved on May 10, 1994 in phases, with each phase providing an additional two year extension. An extension on the preliminary plat approval for this subdivision was granted by the commissioners until February 4, 2000 to allow consideration by the city council.. Approximately 17 percent of the improvements related to this subdivision were completed at the time the final plat was submitted. The remaining 83 percent is proposed to be addressed through a subdivision improvements agreement which is included with this report. A letter of credit in the amount of 125 percent of the required improvements has been submitted to serve as collateral. The following is a list of the conditions of approval and a discussion of hour they have been met. COMPLIANCE WITH CONDITIONS OF APPROVAL: Condition No. 1 That the subdivision obtain approval from the State Department of Health and Environmental Sciences. This condition has been met. The subdivision has been approved by the State Department of Environmental Quality under the Master Plan Exemption for areas served by municipal water and sewer. See letter dated March 18, 1999 from DEQ. Providing Community Planning Assistance To: ■ Flathead County ■ City of Columbia Fails ■ City of Kalispell ■ City of Whitefish ■ Final Plat for Ashley Park Phase III December 22, 1999 Page 2 Condition No. 2 All water lines, sanitary sewer, culverts, and storm sewer lines, swales shall be built according to puns and specifications approved by the City of Kalispell Public Works Department. All water, sewer main extensions, and storm sewer l nes/ swales on private property shall be placed within suitable easements and approved by the City of Kalispell Public Works Department. ■ This condition has been adequately addressed. See the letters of approval from the Kalispell Public Works Department dated August 18, 1999 and August 19, 1999. These improvements are included as part of the subdivision improvements agreement. Condition No. 3 The construction of all streets, curb, gutter, sidewalks and street tree planting shall be done in compliance with City of Kalispell standards and approved by the City Public Works Department. • This condition has been adequately addressed. See the letters of approval from the Kalispell Public Works Department dated August 18, 1999 and August 19, 1999. These improvements are included as part of the subdivision improvements agreement. Condition No. 4 A 20 foot reserved strip for right-of-way be maintained along the westerly boundary in common with the rail ROW for the future Alternate Highway 93 route. If the highway is constructed prior to final plat of Phases 6 and 7 any remainder not used for ROW may be included into the adjoining lots, so as to increase their depth. This condition has been met. The northerly access road between Ashley Park and South Meadows was constructed with the final platting of Phase II. Condition No. 5 Prior to Final Plat of Phase 2, installation of the northerly access route through South Meadows is to be completed. This condition has been met. The northerly access of Phase 2 to South Meadows was constructed prior to the filing of the final plat for Phase 2. Condition No. 5 All utilities shall be installed underground. • This condition has been adequately addressed. Part of the subdivision improvements agreement addresses the installation of utilities. Condition No. 7 The owner shall pay a cash -in -lieu of parkland payment equal to 1/9 of the undeveloped market value of that portion of the site proposed for final plat. This condition has been addressed. A cash -in -lieu of parkland fee in the amount of $2,031. has been included with the final plat application based on a value of $4,000. per acre. Final Plat for Ashley Park Phase III December 22, 1999 Page 3 Condition No, S Placement of fire hydrants shall be approved by the City of Kalispell Fire Department. This condition has been met. The general layout plans for the location of the hydrants has been reviewed and approved by the Kalispell Fire Marshal, Richard Seddon. Condition No. 9 This preliminary plat approval is valid for a period of two years. The project is also approved in seven (7) phases. This two year period is based on approval of Final Plat of Phase 1 within this two (2) years. Upon approval of each phase an additional two (2) years to receive final plat for the next phase is granted. A one (1) year extension may be granted for each individual phase. If any phase expires, the remaining unrecorded phases also expire. • This condition has been met. This final plat was granted an additional 60 day extension to allow the developer adequate time to complete the annexation process prior to council approval of the subdivision. Condition No. 10 The lots meet the City of Kalispell zoning Regulations. This condition has been met. All of the lots within the subdivision meet the minimum standards of 6,000 square feet in the R-4 zoning district. Condition No. 11 Lot numbers, street addresses, and net acreage for each lot shall be included on the face of the final plat. This condition has been met. Required notes have been placed on the face of the final plat. Condition No. 12 All streets shall be clearly signed in a manner conforming to City standards. * This condition has been addressed. The subdivision improvements agreement includes street signs. Condition No. 13 Prior to final plat of each phase, a petition to annex for that phase shall be presented to the City of Kalispell. (Amended 6/22/94 by the Board of County Commissioners.) • This condition has been met. A petition for annexation has been filed and the annexation request is being processed by the staff concurrent with this final plat application. Condition No. 14 Street tree planting shall be coordinated in partnership with the City of Kalispell Parks Department. Final Plat for Ashley Park Phase III December 22, 1999 Page 3 Condition No. S Placement of fire hydrants shall be approved by the City of Kalispell Fire Department. This condition has been met. The general layout plans for the location of the hydrants has been reviewed and approved by the Kalispell Fire Marshal, Richard Seddon. Condition No. 9 This preliminary plat approval is valid for a period of two years. The project is also approved in seven (7) phases. This two year period is based on approval of Final Plat of Phase 1 within this two (2) years. Upon approval of each phase an additional two (2) years to receive final plat for the next phase is granted. A one (1) year extension may be granted for each individual phase. If any phase expires, the remaining unrecorded phases also expire. • This condition has been met. This final plat was granted an additional 60 day extension to allow the developer adequate time to complete the annexation process prior to council approval of the subdivision. Condition No. 10 The lots meet the City of Kalispell Zoning Regulations. • This condition has been met. All of the lots within the subdivision meet the min imam standards of 6,000 square feet in the R-4 zoning district. Condition No. 11 Lot numbers, street addresses, and net acreage for each lot shall be included on the face of the final plat. • This condition has been met. Required notes have been placed on the face of the final plat. Condition No. 12 All streets shall be clearly signed in a manner conforming to City standards. • This condition has been addressed. The subdivision improvements agreement includes street signs. Condition No. 13 Prior to final plat of each phase, a petition to annex for that phase shall be presented to the City of Kalispell. (Amended 6; 22/94 by the Board of County Commissioners.) • This condition has been met. A petition for annexation has been filed and the annexation request is being processed by the staff concurrent with this final plat application. Condition No. 14 Street tree planting shall be coordinated in partnership with the City of Kalispell Parks Department. Final Plat for Ashley Park Phase III December 22, 1999 Page 4 • This condition has been addressed. The developer has stated in his letter of final application that he would coordinate in partnership with the City of Kalispell Parks Department regarding the street tree planting. However, no binding agreement has been made. 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. COMPLIANCE WITH THE ZONING REGULATIONS This subdivision complies with the Kalispell Zoning Ordinance and the R-4 zoning designation which will be assigned upon annexation. RECOMMENDATION: All of the conditions of preliminary plat approval have been 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 January 3, 2000. You may call me at (406)758-5980 if I can be of assistance to you regarding this matter. Sincerely, Narda A. W71 son 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 11/2/99 Final plat application dated 11/2/99 Letter from MDEQ dated 5/ 18/99 Letter from Env. Health Services dated 8/30/99 Letter from fire marshal 10/ 12/99 Final Plat for Ashley Park Phase III December 22, 1999 Page 5 Letter from Kalispell Public Works dated 8/ 18/99 Letter from Kalispell Public Works dated 8/ 19/99 Letter from FRDO dated 12/6/99 Subdivision Improvements Agreement (no date) Valley Bank letter of credit dated 11 / 11 / 99 Title report from Sterling Title dated 10/4/99 Partial release of mortgage dated 10/25/99 Release of assignment of mortgage dated 10/29/99 Extension request from commissioners dated 1/21/99 Extension request from commissioners dated 12/1/99 Treasurers certification dated 11/2/99 Vicinity map Cash -in -lieu of parkland fee $2,031 c: Somers Lard Co., 1995 Third Ave. East, Kalispell, MT 59901 Theresa White, Kalispell City Clerk H: j... \KFP99-4 C Carver Engineering, Inc. Consulting Engineers civil Stru ctu ra l Environmental November 2, 1999 Flathead Regional Development office 723 - 5th Avenue East Kalispell, MT 59901 Re: Final Plat - Ashley Park, Phase III Dear FRDO: The following is a description of hove each condition of approval has been met for Ashley Park - Phase III (formerly known as Ashley Meadows Subdivision). 1. The MDEQ has approved Ashley Park, Phase III under the Master Plan Exemption (E.Q. #99-2533). See MDEQ letter dated May 18, 1999. 2. Plans and specifications for water and sewer extensions, as well as for stormwater drainage, have been reviewed and approved by the city of Kalispell (see letter dated August 18, 1999) and by Dick Montgomery, P.E., of the Flathead City -county Health Department, who is under contract with the MDEQ to review water and sewer main extensions (see approval statement #FH-99-13 dated August 30, 1999). 3. Construction of all streets, curbs, gutters and sidewalks will be constructed in compliance with City of Kalispell standards and will be approved by the city of Kalispell PwD. See letter from City dated August 18, 1999 approving plans and specifications. costs of the construction of all streets, curbs, gutters and sidewalks are included in the Subdivision Improvement Agreement. 4. This phase of the development does not affect the 20-foot reserved strip along the westerly boundary of the Owner's property. 5. The northerly access road between Ashley Park and South Meadows has been constructed and approved by the City. Page 2 Ashley Park, Phase III November 2, 1999 �. All utilities will be installed underground. The costs of utility trenching and conduit have been included in the Subdivision Improvement Agreement. 7. A check for $2,031.33 to cover the cash -in -lieu of park land, equal to 119th of the undeveloped market value is included with this final plat submittal. 8. The location of fire hydrants has been approved by the City of Kalispell Fire Marshall (see letter dated October 12, 1999). 9. An extension for filing the final plat for Phase III was approved by the Flathead County Commissioners. The approved expiration date is December 4, 1999 (see letter dated January 21, 1999) 10. All lots within Phase III meet the City's R-4 Zoning requirements. 11. Lot numbers, street addresses and net acreage for each lot are shown on the final plat. 12. All streets will be clearly signed in compliance with City of Kalispell requirements. The cost for signs is included in the Subdivision Improvement Agreement. 13. As amended by the Flathead County Commissioners (see letter with Exhibit A in the Subdivision Improvement Agreement dated June 22, 1994), a petition to annex has been submitted to the City. 14. Street tree planting will be coordinated in partnership with the City of Kalispell Parks Department. Sincerely, CARVER ENGINEERING, INC. Tom Cowan, P.E. 0 WTAJIV ko THOMAS M. COWAN 0323 P.E. , 0 &C)PESS\0 Flathead Regional Development Office 723 5t' Ave. East Room 414 Kalispell, MT 59901 Phone: (406) 758-5950 Fax: (406) 758-5781 FINAL PLAT APPLICATION PROJECT NAME : ASHLEY PARK, PHASE III CONTACT PERSON: OWNER: Name: Dennis Carver SOMERS LAND CO. Address: 1995 3rd Ave. East 1995 3rd Ave. East Kalispell, MT 59901 Kalispell, MT 59901 Phone No.: (406) 257-6202 Date of .Preliminary Plat Approval: May 10, 1994 Type Subdivision: Residential X Industrial Commercial PUD tither No. of Lots Proposed: 30 Parkland (ac.) Land in Project (ac.): 8.441 Ac Cash -in -Lieu $ 25031.33 Exempt FILING FEE ATTACHED: $850.00 Minor Subdivision $250 + $15/lot Major Subdivision $3 5 0 + $1511ot Preliminary Plat waived $400 + $15Aot Subdivision Improvements Agreement $50 Not Attached Applicable (MUST CHECK ONE) X Health Department Certification (original) X Title Report (Original, not more than 90 days old) X Tax Certification (Property taxes must be paid) X Consent(s) to Plat (Originals and notarized) X Subdivision Impravements Agreement (attach collateral) X Parkland Cash -in -Lieu (Check attached) X Covenants (Original signature provided) X Homeowners By-Laws/Articles of Incorporation (Originals) X Plats: 1 xerox copy (hard back) 1 mylar copy 3 blueline's Page I oft The plat must be signed by all owners of records the surveyor and 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 certif cation, etc., original letters shall be submitted. Blanket statements stating, for example, "ail improvements are in place" are not acceptable. A complete final application must be submitted no less than 30 days prior to expiration date of preliminary plat. When all final plat materials are submitted to the F. R. D . o. and the staff finds the application is complete, the staff will submit a report to the governing body. The governing body must act within 30 days of receipt of the revised preliminary plat application and staff report. Incomplete submittals will not be accepted and will not be forwarded to the governing body for approval. Changes to the approved preliminary plat may, necessitate reconsideration by the Planning Board. I certify that all information submitted is true, accurate and complete. I understand that incomplete information will not be accepted and that false information will delay the application and may invalidate any approval. The signing of this application signifies approval for F.I. D. o. staff to be present on the property for routine monitoring and inspection during the approval and development process. Owner(s) Signature Date Page 2 of Environmental Health Services Flathead City -County Health Department 723 Fifth Avenue East, Kalispell, MT 59901 (406) 758-5760 Fax: 758-5859 August 30, 1999 Tom Cowan Carver Engineering, Inc. 1995 Third Ave. E. Kalispell, MT 59901 Re:Ashley Park Phase III, Wtr. & Sew. Ext. Proj . ## FH-99-13 Dear Tom: 'f 'S. AUG 30 1999 The design 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 SYSTEM. - Approximately 1,593 L.F. of 8" dia. AWWA. C900 Class 150 PVC Pipe Three 8" Gate Valves Four 6" Fire Hydrants wl Aux. Valves SEWER SYSTEM: Approximately 1,534 L.F. of 8" dia. SDR 35, PVC Pipe Four reinforced concrete manholes One cleanout along with other valves, fittings and appurtenances as shown on the plans or as necessary to complete the project. 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 the 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 record as built drawings of the entire project, signed by the project engineer. 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- Helena & Kalispell City of Kalispell, Dept. of Public Works EXH B T "A" DESCRIPTION: ASHLEY PARK, PHASE 3 A TRACT OF LAND, SITUATED, LYING, AND BEING IN THE NORTH HALF OF THE SOUTHEAST QUARTER OF SECTION 19, TOWNSHIP 28 NORTH, RANGE 21 WEST, P.M.,M., FATHEAD COUNTY, MONTANA, AND MORE PARTICULARYLY DESCRIBED AS FOLLOWS TO WIT: COMMENCING at the northeast corner of the Northwest Quarter of the Southeast Quarter of Section 19, Township 28 North, Range 21 West, P.M.,M., Flathead county, Montana; Thence along the north boundary of said I1IW1 / 4S E 1 f 4 S880 39' 10" W 107.00 feet to a found iron pin and THE TRUE POINT of BEGINNING of THE TRACT of LAND HEREIN DESCRIBED: Thence S910 21' 29" E 173.05 feet to a found iron pin; Thence S880 38' -31 " W 33.99 feet to a found iron pin; Thence S010 21' 29" E 487.00 feet to a set iron pin; Thence S880 39' 10" W 560.00 feet to a set iron pin; Thence N010 21' 29" W 487.00 feet to a set iron pin; Thence N381 13' 33" E - 85.82 feet to a set iron pin; Thence Not ° 21' 29" W 107.05 feet to a set iron pin on the north boundary of said NW1 / 4SE1 / 4; Thence along said north boundary N880 39' 10" E 538.44 feet to the point of beginning and containing 8.441 ACRES; Subject to and together with all appurtenant easements of record. THE ABOVE DESCRIBED TRACT OF LAND SHALL HEREAFTER BE KNOWN AS: FiSHLEY PARK, PHASE III. STATE OF MONTANA, } County of Flathead } ss Recorded at the request of this day of 9 at o'clock and recorded in the records of Flathead County, State of Montana. Fee $ Flathead County Clerk and Recorder RECEPTION No. RETURN To Dennis F. carver Deputy 1995 3"dAve. East Kalispell, MT 59901 DEPARTMENT OF ENVIRONMENTAL QUALITY PERMI=G AND COMPLIANCE DIVISION MARC RACICOT, GOVERNOR STATE OF MONTANA May 18, 19" FAX (486)444-1374 CARVER ENGINEERING 1995 3"DAVE E KALISPELL MT 5 9901 RE: Ashley Park Phase III Master Plan Flathead County E.Q. #99-2533 Dear Sir or Madam: METCALF BUILDING 1520 E SIXTH AVE PO BOX 200901 HELENA, MONTANA 1 M AY 21 1999 s i 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 17.3 6.602. Under 764-124, 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, Karla Day Compliance Specialist Subdivision Section Water Protection Bureau cc: City Engineer, City of Kalispell file "AN EQUAL OPPOPTUN /TY EMPLOYER" CITY OF IC4LISPELL OFFICE OF THE FIRE MARSHAL P.O. BOX 199 7 KALISPELL, MONTANA 59903-1997 (406) 758-7763 October 121, 1999 Carver Engineering, Inc. 1995 Third Avenue East Kalispell, Montana 59901 Bear Sir: After reviewing the general layout plans for Ashley Park, Phase H1, the hydrant locations meet the specifications of the Kalispell Fire Department. Sincerely, C A .D ON Fire Marshal City of Kalispell 1 August 18, l999 Dick Montgomery, P.E. Environmental Health Services Flathead City -County Health Deparvi rent 723 Fah Avenue East Kalispell, Mt. 59901 Re: Ashley Park, Phase III Dear Dick: tiJs U a 99 F A� This letter is to confirm that The City of Kalispell has reviewed and approved the plans and specifications prepared by Garver 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. Respe , Richard Amerman, P.E. Assistant City Engineer Copy To: Tom Cowan, P.E. Carver Engineering, Inc. Post Office Box 1997 • Kalispell, Montana 59903-199 i Telephone (406) 75 8 -7700 * FAX (406) 75 8-775 8 August 19,1999 Tom Cow P _E_ Comer �.��ing, Inc. 1995 Third Avenue East KalispelL Mt. 59901 Re: Ashtey Park Phase III Dear Tom: �,,��. fir•-�--�� � �? j AUGt F r The Plans and supporting doamwnts for the ed project have bem reviewed and are hereby approved- A pre-wnsuuction, conference nee& to be.schedWed before work can the projclt. We look forward to wow with yow on this. ncw development, -M Post Office Box 1997 •Kalispell, Montana 59903-1997Immm Telephone (406) 758-7700 •FAQ (406) 758-7758 Flathead Regional Development Office 723 Sth Avenue East -Room 414 Kalispell, Montana 59901 Phone: (406) 758-5980 Fax: (406) 758-5781 December 6, 1999 Dennis F. carver Somers Land co. 1995 Third Avenue East Kalispell} SIT 59901 Re: Ashley Park Phase III Annexation and Final Plat Dear Dennis: This letter is a follow-up to the recent resolution of issues relating to the filing of the final plat for Ashley Park Phase III subdivision and annexation into the city of Kalispell. As you know the commissioners granted a 60 day extension on the preliminary plat or until February 4, 2000 to allow time for this property to be annexed. This is important primarily because there are substantial infrastructure improvements to be completed and the City will be party to the proposed subdivision improvements agreement and will hold the collateral on the project. As you know, we have scheduled the planning board's consideration of the assignment of zoning upon annexation for their December 14, 1999 regular meeting. The planning board's recommendation for zoning will be forwarded on to the city council for action at their January 3, 2000 meeting. The final plat will also be scheduled for that meeting and will occur after the council has taken action on the annexation. Hopefully, this will be satisfactory for you. An additional issue which needs to be addressed is the cash in -lieu of parkland check which was submitted with the final plat and made out to Flathead County. Since the subdivision will be in the city, the check should be made out to the City of Kalispell. I am returning the check with the letter. Would you please return it to our office made out to the City of Kalispell at your earliest convenience. Thank you . Sincerely, Narda A. Wilson Senior Planner Enclosure: cash in lieu of parkland check NW LETTERS \99 \ASHLYPK3 Providing Community Planning Assistance To: FIathead County 9 City of Columbia Fails • City of Kalispell e City of Whitefish • Citizen's Title 1999305 [1510 CFuT-59550 RELEASE OF ASSIGNMENT OF MORTGAGE VALLEY BAND OF KALISPELL, as ASSIGNEE in that certain ASSIGN LENT OF MORTGAGE dated May 18, 1995, and executed by JOYCE L. RAI3ABAH, recorded May ??, 1995 as Document No. 9514211420, records of Flathead County, Montana, does hereby release, remise, quitclaim, reassignand reconve , unto the Assignor therein, or to the parties now legally Y � ° entitled thereto, all right, title and interest in and to the Mortgage therein described, all other ricrhts �g as therein set forth, and the real property therein described, which real property is described as i�) follows: j See Attached Exhibit "A " Together with appurtenances. In witness whereof, this instrument has been subscribed to thi ay of October, 1999. VALLEY BAIT OF KALIS PELL N4� , STATE OF MONTANA } Q S.S. p COUNTY OF FLATHEAD �0 e Attest: :i A •, On this 1 day of October, 1999, before me, the undersigned, a Notary Public in and for the State of Montana, personally appeared .�- --�O/ACACI ��-. , known to me to be the, t � c, a1*6Lf±of the corporation w o se name is subscribed to the within instrument, and acknowledged to me that such corporation executed the same. In witness whereof, I have hereunto set my hand and affixed my official seal the day and year last above written. Notary Publi ,,State of Montana Residing at - 7 i IVIy commission expires S- I . C .0 1999305 EXHIBIT "A" r The Northeast Quarter of the Southeast Quarter KEhSEh) and that part of the 'hest Half of the Southeast Quarter WkSEh) lying Easterly of the Easterly boundary of the Great Northern Railway Company right -of --way as the same now crosses over the said Nest Half ❑ f the Southeast Quarter, all being in Section 19, Township 28 North, Range , 2 3 West, M. P . M . , Flathead county, Montana. EXCEPTING T11EREFROM the following described tract of .and: commencing at the Northeast corner of the Southeast Quarter of said Section 19; thence hest along the Quarter Section line a distance of 247 feet; thence at angles Southerly a distance of 217 feet to a point; thence at right angles Easterly a distance of 247 feet to the Section line; thence Northerly along , the Section line a distance of 217 feet to the point of beginning. ALSO EXCEPTING THEREFROM a right of way 30 feet in width for public road along the East boundary of premises. Valley Bank Box 48 KA11*spell, MT 59903--0048 STATE OF MONTANA, County of Flathead Recorded at the request of this ` day of SS n.>s. the records of Flathead County, State of Montana. Fee $ _ 1__ RECEPTION ti0. IL999305 � ��� RETURN To and recorded in Flathead County Board of Commissioners (406)758-5503 Howard W. Gipe Robert W. Watne Dale W. Williams January 21, 1999 Dennis F. Carver, President Somers Land C ompany , Inc. 1995 Third Avenue East Kalispell, Montana 59901 PECEIVFI) JAN 2 1 j99Q RE: Extension Request for ASHLEY PARK SUBDMSION, PHASE III Dear Dennis On this date the Board of Flathead County Commissioners granted approval of a one-year extension for Ashley Park Subdivision, Phase II. The expiration date has been extended to December 4, 1999. Please contact this office if you have any questions regarding this matter. Sincerely, BOARD OF COMMISSIONERS FLATHEA COUNTY, MONTANA Dale W. Williams,Chai RobertW . ame, ember Howard W. Gipe, Member FCBC:ecn; c: /athead Regional Development Office 723 5th Ave. East Kalispell, MT 59901 900 South Main ** Kalispell, Montana 59901 ** Fax (406) 758-5861 Flathead County Board of Commissioners (406)758-5503 Howard W. Gipe Robert W. Watne Dale W. William December 1, 1999 Mr. Dennis F. Carver, President Somers Land Company 1995 Third Avenue East Kalis p eh, Montana 59901 RE: Extension Request for ASHLEY PARK SUBDIVISION Dear Dermis: RECEIVED DEC o 7 1999 ftr►rftpp Qn this date the Board of Flathead County Commissioners granted approval of a 60- day extension for Ashley Park Subdivision- The expiration date of December 4, 1999 has been extended to February 4, 2000. Contact this office if you have any questions regarding this matter. Sincerely, BOARD OF CON MISSIONERS FLATHEAD COUNTY, MONTANA Dale W. Williams,--_ Robert W. Watne, Member Not Available for Signature Howard W. Gipe, Member FCBC : ecn c: Sands Surveying 1995 Third Ave. East Kalispell, MT 59901 o 723 Sth Ave. East Kalispell, MT 59901 800 South Main ** Kalispell, Montana 5990 ** Fax (406) 758-586I PLAT ROCK FLKTffF4AD COSY, MDWZANZL Boa soTM KALISPFL% e NT 59901 (406) 758-5510 THIS FORM IS FOR SUBDIVISIONS AND CONDOMINIUMS ONLY eY: Sa,</S & N �S FOR DESCP: /-)SA �, fit.- y / 9 - a £� - oa / YEARS 1992 THRU�9 9 � AND TO DATE • � y 9 9 � �o c(a.�e. q PR { w,TE: PURPOSE: �416�c f' ASSESSOR # 00 8 a ys0 0g,�15C'> 009� 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. 2 1999 ...r__......_..._.___.__. DEPUTY TREASURER S E►A.L 2BA ml 14C 14CM o- :� wvse� � . moo. ................ 1 F AS im 3AB 3AA 3A � 1 2E 2A 6A 61B 2EAF FP8' 2EAC i� 2F 2TA 2FB 6 R=5 Iz1 4BCA 4 ............ VICITTITY SOMERS LAND CO. REQUEST FOR FINAL PLAT APPROVAL OF ASHLEY PARK PHASE III ON APPROX. 8.44 ACRES R-4, TWO FAMILY RESIDENTIAL KALISPELL ZONING DISTRICT H�.vDATE:1/23/SMFILE # KFP-99-4 SCALE 1" 500' \siteMpN-4JDWG PRELIMINARY SUBDIVISION CERTIFICATE OF TITLE To the County of 22 0210 89 205690 CHICAGO TITLE INSURANCE COMPANY Flathead and the City of _ Ka l 1 S pe l l in Montana CHICAGO TITLE INSURANCE COMPANY, a corporation organized and existing under the laws of the State of Missouri. with its principal office in the City of Chicago, Illinois, and duly- authorized to insure titles in Montana hereby certifies that from its examination of these public records which impart constructive notice of matters affecting the title to the real estate described in Schedule A hereof, as of the 4th day of October , 19 99 . at 5 o'clock P. M . , the title to the described real estate was indefeasibly vested in fee simple of record in: Somers Land Company, A Montana Corporation 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 sure of $ 10,000.00 This certificate of title is made in consideration of the payment of the premium by the subdivider of the land and for the use of the County and City above named r Issued by: STERLING TITLE SERVICES 211 South Fain (P.O. Box 73 ) Kalispell, NIT 59901 (406) 752.7000 FAX (406) 752 - 7207 (TITLE) (406) 257 - 5663 (ESCROW) t Authorized Signatory CHICAGO TITLE INSURANCE COMPANY B,. sfiif1TE°� _ x ATTEST: Prey ent V Secretary PRELIMINARY SUBDIVISION CERTIFICATE OF TITLE (MONTANA) Reoml.-r Form No. 9113 SCHEDULE A Page 2 certificate No.: 27-0219-89-205690 Our File -No.: CG-28596 Being the legal description of the real estate covered by this certificate. The following --described parcels of real estate: A tract of land situated, lying and being in the North Half of the Southeast Quarter of Section 19, Township 28 North, Range 21 West, P.M.,M., Flathead county, Montana, and more particularly described as follows to wit: Commencing at the Northeast corner of the Northwest Quarter of the Southeast Quarter of Section 19, Township 28 North, Range 21 West, P.M.,M., Flathead county, Montana; thence along the North boundary of said NW1/SE1/ South 8803911011 West a distance of 116.00 feet to a point and the True Point of Beginning of the tract of land herein described; thence South 0102112911 East a distance of 107.05 feet to a point; thence North 88038131" East a distance of 9.00 feet to a point; thence South 0102112911 East a distance of 66 . 00 feet to a point; thence South 8803813111 West a distance of 33.00 feet to a point; thence South 0102112911 East a distance of 487.00 feet to a point; thence South 8803911011 West a distance of 560.00 feet to a point; thence North 0102112911 West a distance of 487.00 feet to a point; thence North 3801313311 East a distance of 85.62 feet to a point; thence North 0102112911 West a distance of 107.05 feet to a point on the North boundary of said NWl/SE1/; thence along said North boundary North 8803911011 East a distance of 538.44 feet to the Point of Beginning. TO BE KNOWN AS: ASHLEY PARK, PHASE I I I Page 3 Certificate No.: 27-0219-89-205690 Our File No.: CG-28596 Being all of the estates, interests, equities, lawful claims, or demands, defects, or objections whatsoever to title; and all easements, restrict ions, liens, charges, taxes (general, special, or inheritance, or assessments of whatever nature), or encumbrances; and all other matters whatsoever affecting said premises, or the estate, right, title, or interest of the record owners, which now do exist of record. 1. Property taxes, including any assessments collected with the taxes, for the year 1999. 2. Reservations in Patents or the acts authorizing the issuance thereof. 3. Mineral rights,. claims or title to minerals, including but not limited to metals, oil, gas, coal, hydrocarbons, sand, gravel, stone, or rights relating thereto. 4. Mortgage dated April 30, 1994, executed by Dennis F. Carver and Gaylon F . Owens, to Joyce L . Radabah, to secure payment of $250,000.00, together with interest and any other obligations secured thereby, recorded May 3. 1994 as Document #9412 314 02 0 , and Assignment of beneficial interest to valley Bank of Kalispell, recorded May 22, 1995 as Document #9514211420, records of Flathead County, Montana. (premises and other property) 5. Resolution No. 678G regarding Westside Zoning District, filed July 22, 1994 as Document #9420309030, records of Flathead County, Montana. 6. Resolution No. 678E regarding Westside Zoning District, filed July 22, 1994 as Document #942 03 0904 0 , records of Flathead County, Montana. 7. A 10 foot gas utility easement as shown on the unrecorded plat of Ashley Park, Phase III. 8. An existing 10 foot gas utility easement as shown on the unrecorded plat of Ashley Park, Phase III. 9. Drainage/Utility/Access Easement as shown on the unrecorded plat of Ashley Park, Phase III. 10. Utility Easement Certificate as shown on the unrecorded plat of Ashley Park, Phase III. 11. No search has been made for water rights and unpatented mining claims and liability thereon is excluded from coverage of this Certificate.