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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 tricfty(W7;centunLtel. net www.tricityplanning-mt.com REPORT TO: Kalispell Mayor and City Council FROM: Tom Jentz, Director Chris A. Kukulsld, City Manager SUBJECT Final Plat for Ashley Park Phase V MEETING DATE: August 18, 2003 BACKGROUND: This is a request for final plat approval of Ashley Park Phase V, a residential subdivision with 25 single-family lots and 16 duplex townhouse lots on approximately 9.085 acres located on the west side of Airport Road and south of Ruddy Duck Drive. A request for annexation and a zoning assignment of R-4, Two Family Residential, has been filed concurrently with the final plat and will be considered as a separate matter prior to consideration of the final plat. Preliminary plat approval for this subdivision was granted by the Board of County Commissioners on May 10, 1994 as a seven phase development. Four phases have previously been annexed, final platted and developed. One of the terms of preliminary plat approval is that each phase be annexed into the city prior to final plat approval. Also as each final plat is approved, an automatic two-year extension of the preliminary plat approval is granted. Approximately 65% of the improvements have been completed which includes the water, sewer and storm water drainage. It should be noted that a subdivision improvements agreement has been submitted to address the completion of the remaining improvements. A letter of credit in the amount of $249,261.38, which constitutes 125% of the remaining work has been submitted as collateral for the improvements to be completed. In addition, a cash -in -lieu of parkland check in the amount of $7,034.00 is attached. RECOMMENDATION: A motion to accept the subdivision improvements agreement and approve the final plat for Ashley Park Phase V would be in order. FISCAL EFFECTS: Potential minor positive impacts once developed. ALTERNATIVES: As suggested by the City Council. Respectfully submitted, Tom Jentz Chris A. Kukulski Director City Manager Providing Community Planning Assistance To: ' — --"- - " -r Tr-1----11 - 9'4+,u of Whitefish Final Plat for Ashley Park Phase V August 7, 2003 Page 2 of 2 Report compiled: August 6, 2003 Attachments: Letter of transmittal Final plat application and supporting documents Check for $7,034.00 RESOLUTION NO.4827 A RESOLUTION APPROVING THE FINAL PLAT OF ASHLEY PARK PHASE V, KALISPELL, FLATHEAD COUNTY, MONTANA. WHEREAS, Somers Land Company, the owner of certain real property described as Ashley Park Phase V, located in North 1/2 Southeast 1/4 of Section 19, Township 28 North, Range 21 West, Flathead County, Montana, has petitioned for approval of the final Subdivision Plat of said property, and WHEREAS, preliminary plat approval for this subdivision was given by the County Commissioners on May 10, 1994 in two year phases, subject to fourteen (14) conditions, and WHEREAS, a Subdivision Improvement Agreement has been written to address the approximately 35 percent of the improvements currently incomplete, and WHEREAS, the Tri-City Planning Office has reviewed the proposed subdivision and made a report by letter dated August 11, 2003 to the City Council of the City of Kalispell. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF KALISPELL, MONTANA AS FOLLOWS: SECTION I. That the application of Somers Land Company for final plat approval of Ashley Park Phase V, Kalispell, Flathead County, Montana, is hereby approved. SECTION II. The classification of said premises under the Kalispell Zoning Ordinance shall not be changed by the action. SECTION III. That upon proper review and filing of the final plat of said subdivision in the office of the Flathead County Clerk and Recorder, said premises shall be a subdivision of the City of Kalispell. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF KALISPELL AND SIGNED BY THE MAYOR THIS 18TH DAY OF AUGUST, 2003. Pamela B. Kennedy Mayor ATTEST: Theresa White City Clerk SUBDIVISION IMPROVEMENT AGREEMENT THIS AGREEMENT, made and entered into this day of , 2003, by and between CITY COUNCIL, CITY OF KALISPELL, MONTANA, Party of the First Part and hereinafter referred to as the CITY, and SOMERS LAND COMPANY, a corporation located at 1995 Third Avenue East, Kalispell, MT, Party of the Second Part and hereinafter referred to as DEVELOPER. WITNESSETH: THAT WHEREAS, the Developer is the owner and developer of a new subdivision known as Ashley Park, Phase V, located in Kalispell, Montana in the N 1/2, SE 1/4 of Section 19, Township 28N, Range 21W, Flathead County, Montana; and, WHEREAS, the City has conditioned it's approval of the final plat of Ashley Park, Phase V, upon the conditions as set forth in the Preliminary Plat of the Subdivision being completed and all improvements, as cited in "Exhibit A", have not been completed at this time, and the Developer wishes to bond for the completion of those improvements set forth in "Exhibit A"; and, WHEREAS, the City's Subdivision Regulations require that a subdivider shall provide a financial security of 125% of the estimated total cost of construction of said improvements as evidenced by an estimate prepared by a licensed professional engineer included herewith as "Exhibit B"; and, WHEREAS, the estimated total cost of construction of said remaining improvements is the sum of $ 199,409.10 . NOW THEREFORE, in consideration of the approval of the final plat of said Subdivision by the City, the Developer hereby agrees as follows: 1. The Developer shall deposit as collateral with the City a Letter of Credit, or other acceptable collateral as determined by the City Council, in the amount of $_ 249,261.38 . Said Letter of Credit or other collateral shall have an expiration date of at least sixty (60) days following the date set for completion of the improvements, certifying the following: a. That the creditor guarantees funds in the sum of $ 249,261.38 , which represents 125% of the estimated cost of completing the required improvements in Ashley Park, Phase V. 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 July 11, 2004. Page I 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 determines that any improvements are not constructed in compliance with the plans and specifications, it shall furnish the Developer with a list of specific deficiencies and may withhold collateral sufficient to insure such compliance. If the City determines that the Developer will not construct any or all of the improvements in accordance with the plans and specifications, or within the required time limit(s), it may withdraw the collateral and employ such funds as may be necessary to construct the improvement(s) in accordance with the plans and specifications. The unused portions of the collateral shall be returned to the Developer or the crediting institution, as is appropriate. That as improvements are completed, the Developer may apply to the City for a release of part of the collateral deposited with the City. The proportion of the collateral released may not exceed the proportion which the improvements completed represent of all originally required improvements; otherwise, said Letter of Credit may not be withdrawn until released by the City. That this agreement shall inure to the benefit of and be binding upon any successors in interest, heirs, or assignees. Page 2 IN WITNESS VaIEREOF, the Parties to this agreement have hereunder set their hands and seals the day and year herein before written. - =aqu1= = =�m==o) N- I q m 7 er (Title) STATE OF MONTANA, COUNTY OF FLATHEAD On this I � A - day of V) vkCa k&S _f _, 2003, before me, a Notary Public for the State of Montana, personally appeared F,CAQ,/e_P__ — known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notary Seal this day and year first above written. NOTARY PU12LrArAV W - j...`..#0TAR An 511 Notary Public for the State of Montana Residingat My Commission Expires V1 OL�4, 1 S, at) 1 This agreement is hereby approved and accepted by the City of Kalispell this —day of .2003. MAYOR, CITY OF KALISPELL ATTEST: By: By: Mayor Finance Director Page 3 EXHIBIT$" CERTIFICATION OF WORK TO BE COMPLETED ASHLEY PARK, PHASE V SUBDIVISION ROADS COMPLETED TO DATE August 11, 2003 Item No Description Unit re MeasuQuantity Estimated Unit Price Total Price QUANTITY COMPLETED TOTAL COST COMPLETED 101 Unclassified Excavation C.Y. 8,263 $ 3.00 $ 24,789.00 8,263.00 $ 24,789.00 102 Stabilization Fabric S.Y. 6,889 $ 0.90 $ 6,200.10 6,889.00 $ 6,200.10 103 Select Sub -Bose, 3" (-) Pit Run Gravel C.Y. 3,617 $ 9.50 $ 34,361.50 3,617.00 $ 34,361.50 104 Crushed Base, 3/4" Crushed Gravel S.F. 68,355 $ 0.28 $ 19,139.40 34,177.50 $9,569.70 105 Hot Plant Mix Asphalt (4" - Two Ufts) S.F. 58,590 $ 0.90 $ 52,731.00 - $0.00 106 Curb and Gutter LF. 3,263 $ 7.50 $ 24,472.50 $0.00 107 Sidewalk (5' Wide) w! Prepared Base S.F. 16,035 $ 3.00 $ 48,105.00 $0.00 SUBTOTAL ITEMS 101 - 107 1 $ 209,798.50 $ 74,920.30 WATER SYSTEM Item No Description Unit Measure Estimated Quantity Unit Price Total Price QUANTITY COMPLETED TOTAL COST COMPLETED 201 Connect to Exlstin LS 1 $ 750.00 $ 750.00 1.00 $ 750.00 202 8" PVC Water Main LF. 1,965 $ 20.00 $ 39,300.00 1,995.00 $ 39,900.00 203 8" Gate Valves and Boxes EACH 9 $ 825.00 $ 7,425.00 9.00 $ 7,425.00 204 6" PVC Water Main LF. 120 $ 17.00 $ 2,040.00 120.00 $ 2,040.00 205 Fire Hydrant w/ Aux. Valves EACH 4 $ 2,250.00 $ 9,000.00 4.00 $ 9,000.00 206 Tees & Misc. Fittings EACH 17 $ 350.00 S 5,950.00 17.00 $ 5,950.00 207 1" Water Services EACH 41 $ 600.00 $ 24,600.00 41.00 $ 24,600.00 SUBTOTAL ITEMS 201 - 205 $ 89,065.00 $ 89,665.00 SEWER SYSTEM Item No Description Unit Measure Estimated Quantity Unit Price Total Price QUANTITY COMPLETED TOTAL COST COMPLETED 301 8" PVC Sewer Main LF. 1,826 $ 18.00 $ 32,868.00 1,826.00 $ 32,868.00 302 12" PVC Sewer Main LF. - $ 20.00 $ - - $ - 303 4' Diameter Manhole w/ Ring & Cover EACH 6 $ 1,2D0.00 $ 7,200.00 6.00 $ 7,200.00 304 Lift Station LS 1 $ 39,500.00 $ 39,500.00 0.200000 $ 7,900.00 304 Force Main LF. 910 $ 12.00 $ 10,920.00 910.00 $ 10,920.00 305 4" Sewer Services EACH 41 $ 500.00 $ 20,500.00 41.00 1 $ 20,500.00 SUBTOTAL ITEMS 301 - 304 1 $ 110,988.00 1 $ 79,388.00 STORMWATER DRAINAGE Item No Description Unit Measure Estimated Quantity Unit Price Total Price QUANTITY COMPLETED TOTAL COST COMPLETED 401 8" GRAVITY STORM DRAIN LF. 916 $ 13.00 $ 11,908.00 916.00 $ 11,908.00 402 12" GRAVITY STORM DRAIN LF. 215 $ 18.00 $ 3,870.00 215.00 $ 3,870.00 403 8" FORCE MAIN LE 1,665 $ 15.00 1 $ 24,975.00 1,665.00 $ 24,975.00 404 8"FITTINGS EACH 4 $ 350.00 $ 1,400.00 4.00 $ 1,400.00 405 LIFT STATION LS 1 $ 35,000.00 $ 35,000.00 0.20 $ 7,000.00 406 Catch Basins w/ Frames & Grates EACH 6 $ 500.00 $ 3,000.00 6.00 $ 3,000.00 SUBTOTAL ITEMS 401 - 402 $ 80,153.00 $ 52,153.00 MISCELLANEOUS WORK Item No Description Unit Measure Estimated Quantity Unit Price QUANTITY Total Price COMPLETED TOTAL COST COMPLETED 501 Topsoil S.Y. 2,411 $ 1.90 $ 4,580.90 - $0.00 502 Flathead Electric deposit LS 1 $ 48,680.00 $ 48,680.00 1.00 $48,680.00 503 Northwester Energy Deposit LS 1 $ 11,560.95 $ 11,560.95 1.00 $11,560.95 504 Street Signs EACH 3 $ 150.00 $ 450.00 - $0.00 SUBTOTAL ITEMS 501 - 503 1 1 $ 65,271.85 $ 60,240.95 UTILITIES COMPLETED TO DATE August 11, 2003 Item No Description Unit Measure Estimated Quantity Unit Price Total Price QUANTITY COMPLETED TOTAL COST COMPLETED 601 Utility Trench L.F. 2,000 $ 2.50 $ 5,000.00 2,000 $ 5,000.00 602 Furnish/Install 2" Conduit LF. 5,040 $ 1.25 $ 6,300.00 5,040 $ 6,300.00 603 Furnish/Install S' Conduit L.F. 3,120 $ 1.50 $ 4,680.00 3,120 $ 4,680.00 604 Furnish/Install 4" Conduit LF. 2,960 $ 1.75 $ 5,180.00 2,960 $ 5,180.00 605 Sin le Phase Transformer Vault EACH 5 $ 585.00 $ 2,925.00 5 $ 2,925.00 606 3 Phase Transformer Vault EACH 1 $ 1,100.00 $ 1,100.00 1 $ 1,100.00 607 Gas Assist LF. 2,000 $ 0.25 $ 500.00 - $ SUBTOTAL ITEMS 601 - 607 $ 25,685.00 $ 25,185.00 TOTAL PROJECT BUDGET 1 $ 580,961.35 ORIGINAL TOTAL ESTIMATED COST OF CONSTRUCTION $ 580,961.35 AMOUNT COMPLETED PRIOR TO BONDING $ 381,552.25 AMOUNT OF REMAINING WORK $ 199,409.10 AMOUNT OF BOND (1251/6 OF REMAINING WORK) $ 249,261.38 AMOUNT OF WORK COMPLETED TO DATE $ 381,552.25 PERCENTAGE OF WORK COMPLETED TO DATE 65.68% AMOUNT OF WORK REMAINING $ 199,409.10 ORIGINAL BOND AMOUNT $ 249,261.38 AMOUNT OF BOND TO BE RETAINED (125% OF REMAINING WORK) $ 249,261.38 BOND AMOUNT TO BE RELEASED $ - AMOUNT PREVIOUSLY RELEASED $ AMOUNT TO BE RELEASED AT THIS TIME $ AS ENGINEER OF RECORD FOR ASHLEY PARK, PHASE IV, I CERTIFY THAT THE WORK LISTED HEREIN IS CORRECT. IN 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 ESTIMATED TO BE: $ 381,552.25 THE TOTAL VALUE OF THE REMAINING WORK, SERVICES AND FEES IS ESTIMATED TO BE: $ 199,409.10 SECURITY HELD AT 125% OF THE REMAINING COSTS SHOULD BE IN THE AMOUNT OF: $ 249,261.38 IEZS,. CARV THE SUBDIVISION IMPROVEMENTS AGREEMENT SECURITY HELD BY: $0.00 $381,552.25 IMPROVEMENTS SHALL BE COMPLETED BY JULY 11, 2004 Tri-City Planning Office 17 Second Street East - Suite 211 Kalispell, Montana 59901 Phone: (406) 751-1850 Fax: (406) 751-1858 tricity(a',centurytel.net wwwAricityplanning-nit. August 11, 2003 Chris Kukulski, City Manager City of Kalispell P.O. Drawer 1997 Kalispell, MT 59901 Re: Final Plat for Ashley Park Phase V Dear Chris: This is a request for final plat approval of Ashley Park Phase V, a residential subdivision with 25 single-family lots and 16 duplex townhouse lots for a total of 41 dwelling units on approximately 9.085 acres located on the west side of Airport Road and south of Ruddy Duck Drive. A request for annexation and a zoning assignment of R-4, Two Family Residential, has been filed concurrently with the final plat and will be considered as a separate matter prior to consideration of the final plat. Preliminary plat approval for this subdivision was granted by the Board of County Commissioners on May 10, 1994 as a seven -phase development. Four phases have previously been developed, annexed and final platted. One of the terms of preliminary plat approval is that each phase be annexed into the City prior to final plat approval. Also as each final plat is approved, an automatic two-year extension of the preliminary plat approval is granted. Two additional phases of Ashley Park subdivision are undeveloped. As part of the annexation request associated with Phase V, the two remaining phases are also being submitted for annexation as well. Approximately 65 percent of the improvements have been completed which includes the water, sewer and storm water drainage. It should be noted that a subdivision improvements agreement has been submitted with the final plat to address the completion of the remaining improvements. A letter of credit in the amount $249,261.38 which constitutes 125 percent of the remaining work has been submitted as collateral for the improvements to be completed. In addition, a cash -in - lieu of parkland check in the amount of $7,034 has also been submitted as part of this application. Below is a list of the findings of compliance with each of the conditions of preliminary plat approval. Condition No. I That the subdivision obtains approval from the State Department of Health and Environmental Sciences. Providing Community Planning Assistance To: • City of Columbia Falls * City of Kalispell - City of Whitefish • Final Plat for Ashley Park Phase IV August 7, 2003 Page 2 of 5 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 April 14, 2003 (EQ#3-2387) and letter dated April 30, 2003 (EQ#03-2451) from DEQ. Condition No. 2 All water lines, sanitary sewer, culverts, and storm sewer lines/swales shall be built according to plans and specifications approved by the City of Kalispell Public Works Department. All water, sewer main extensions, and storm sewer lines/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 June 11, 2002 and June 10, 2002. Some of 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 June 3, 2003. Some of 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 railroad 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 is not applicable to Phase V of the subdivision. 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. 6 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. Final Plat for Ashley Park Phase IV August 7, 2003 Page 3 of 5 • This condition has been addressed. A cash -in -lieu of parkland fee in the amount of $7,034.50 has been included with the final plat application based on a value of $10,000 per acre. Condition No. 8 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, Jim Stewart. See letter dated June 30, 2003 confirming this. 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 preliminary plat phase has an expiration date of July 22, 2004 based on Phase IV approval on July 22, 2002. 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. The duplex townhouse sublots also comply. 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. Final Plat for Ashley Park Phase IV August 7, 2003 Page 4 of 5 Condition No. 14 Street tree planting shall be coordinated in partnership with the City of Kalispell Parks Department. • 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. 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. ", *1036$$ ,M kylilly 0 to) ► All of the conditions of preliminary plat approval have been adequately addressed. The staff 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 August 18th Council agenda if possible. You may call me at 751-1851 if I can be of assistance to you regarding this matter. Sincerely, Thomas R. Jentz, AICP Director TRJ/ sm Attachments: 1 opaque mylar of final plat 1 reproducible mylar of final plat 1 blueline of final plat Letter from Sand Surveying dated 6/9/03 Final plat application dated 7 / 2 / 03 Letter from MDEQ dated 4/ 14/03 8v 4/30/03 Letters (2) from Kalispell Public Works dated 7/3/03 Letter from Fire Marshal 6 / 30 / 03 Final Plat for Ashley Park Phase IV August 7, 2003 Page 5 of 5 Title report - Chicago Title Insurance Co. # 7208926-1161 dated 6/30/03 Consent to plat dated 6/20/02 Subdivision Improvements Agreement 8/11/03 Valley Bank letter of credit dated 8/11/03 Treasurer's certification dated 6/5/03 Vicinity map Check for cash in lieu of parkland $7,034.50 c: Somers Land Co., 1995 Third Ave. East, Kalispell MT 59901 Sands Surveying, 2 Village Loop, Kalispell MT 59901 Theresa White, Kalispell City Clerk IF; I -Ircpf-j] J q, 2 Village Loop 'Kalispell, MT 59901 406-755-6481 Tri-City Planning Office Narda Wilson, Senior Planner 17 Second Street East, Suite 211 Kalispell, MT 59901 79lRllM Attached please find the materials necessary to file the final plat for Ashley Park Phase 5 Subdivision. I have listed the Conditions of Approval, and then subsequently addressed how each Condition was met. Ashley Park Phase 5 was granted Preliminary Plat approval on May 10, 1994 and the approval schedule is addressed below in Condition #9. 1 . That the subdivision obtain approval from the Montana Department of Health and Environmental Sciences 2. That all water lines, sanitary sewer, culverts, and storm sewer lines/swales shall be built according to plans and specifications approved by the City of Kalispell Public Works Department. All water, sewer main extensions and storm sewer lines/swales on private property shall be placed within suitable easements and approved by the City of Kalispell Public Works Department. Attached is a letter from the City of Kalispell Public Works Department approving all of t1e above. 3. The construction of all streets, curbs, gutters and sidewalks shall be done in compliancl.- with City of Kalispell standards and approved by the City of Kalispell Public Works Department. Attached is a letter from the City of Kalispell Public Works Department approving all of t1te above. 4. A 20-foot reserved strip for right-of-way be maintained along the westerly boundary in common with the rail right-of-way 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 right-of-way may be included into adjoining lots, so as to increase their depth. 5. Prior to final plat of Phase 2, installation of the northerly access route through South Meadows is to be completed. Lflm��, �nrxm,:Im m Engineering. 7. The owner shall pay a cash -in -lieu of park land payment equal to I/V h of the undeveloped market value of that portion of the site proposed for final plat. Attached please find a check in the amount of $7,034.50 made payable to Parks and Recreation to meet this requirement. This figure has been arrived at using a rate of $10 per acre assessed value of the unimproved acrerage. Placement of fire hydrants shall be approved by the City of Kalispell 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 application for final plat approval. 9. This preliminary plat approval is valid for a period of two years. The project is also approved in seven phases. This two-year period is based on approval of final plat of phase 1 within this two years. Upon approval of each phase, an additional two years to receive final plat for the next phase is granted. A one year extension may be granted for each individual phase. If any phase expires, the remaining unrecorded phases also expire. 0 0 A 11 lm�zilil:49k��-i's-i-71�offloit4ol"omiir-4L*=I WTHR�T*=* !1*17 ffirz Hit � i' "MCIEWO AXIH �: 0 - 11. Lot numbers, street addresses, and net acreage for each lot shall be included on the face of the final plat. :tomERTAM= 14. Street tree planting shall be coordinated in partnership with the City of Kalispell Parks Department. The developer will be working with the City of Kalispell Parks Department for the street tree planting portion of the project. Thank you for your kind consideration of this application. If you should have any further questions or concerns, please do not hesitate to call. Sincerely, lea Wirtala Tri-City Planning Office 17 Second St East, Suite 211 Kalispell, MT 59901 Phone: (406) 751-1850 Fax: 1406) 751-1858 Project Name:— ASHLEY PARK PHASE V Contact Person: Name: TOM SANDS, SANDS SURVEYING, INC. Address: 2 VILLAGE LOOP KALISPELL, MT 59901 Phone No.: 755-6481 Date of Preliminary Plat Approval: MAY 10, 1994 Type of Subdivision: Residential —XXIndustrial No. of Lots Proposed 41 Parkland (acres) Land in Project 9.085 - Cash -in -Lieu Exempt Minor Subdivision with approved preliminary plat Major Subdivision with approved preliminary plat Subdivisions with Waiver of Preliminary Plat Subdivision Improvements Agreement Not Attached 8gphcable (AWST CHECK ONE) 16�� U.-Worom SOMERS LAND COMPANY 1995 3RD Ave East KALISPELL, MT 59901 ATTENTION: DENNIS CARVER 'Commercial PUD Other $300 + $30/lot $500 + $30/lot $500 + $30/lot $ 50 RECEIVED XX Health Department Certification (Original) T-M-Crff PLANIONG 0FFJrF Title Report (Original, not more than 90 days old) Tax Certification (Property taxes must be paid)l) —XZ— Consent(s) to Plat (Originals and notarized) Jc_ Subdivision Improvements Agreement (Attach collateral) Parkland Cash -in -Lieu (Check attached) —me— Maintenance Agreement Plats: lopaque OR 2 Mylars 1 Mylar copy 1 signed blue line 4 blue lines 4 blue lines, unsigned The plat must 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 process. "NOTE Please be advised that the County Clerk and Recorder requests that all subdivision final plat applications he accompanied with a digital copy. r. -Signatui�'/ **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. Eastinent 4. Roads or rights -Of -way, 5. A tic to either an existing subdivision comer or a comer of the public land survey sytem IM I 9�7#17rt W-14 i Effective I/l/02 Montana Department of ENvmomwmwAL P.O. Box 200901 - Helena, MT 59620-0901 - (406) 444-2544 1 April 14,2003 Carver Engineering Inc Dennis Carver 1995 Third Ave East Kalispell MT 59901 Dear Mr Carver: www.deq.state.rnt.us RE: Ashley Park Phase V Municipal Facilities Exclusion EQ#03-2387 City of Kalispell Flathead County This is to certify that the information and fees received by the Department of Environmental Quality relating to this subdivision are in compliance with 76-4-127, MCA and ARM 17.36.602. Under 76-4-124, MCA, this subdivision is not subject to review, and the plat can be filed with the county clerk and recorder. Plans and specifications must be submitted when extensions of municipal facilities for the supply of water or disposal of sewage are proposed 176-4-111 (3), 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, Janet Skaarland Compliance Technician Subdivision Section Water Protection Bureau (406) 444-1801 —email jskaarland@state.mt.us cc: City Engineer, City of Kalsipell County Sanitarian file Centralized Services Division - Enforcement Division - Permitting & Compliance Division - Planning, Prevention & Assistance Division - Remediation Division N Montana Department of s­ Ewmom"mALQuAuTy Judy Martz, Governor ftftftl 109 Cooperative Way - Suite 105 - Kalispell, MT 59901-2389 - (406) 755-8985 - FAX (406) 755-8977 Rod Schenck Carver Engineering, Inc. 1995 Third Ave East Kalispell, MT 59901 Re: Ashley Park Phase 5, Dear Mr.Schenck: E.Q. # 03-2451 . April 30, 2003 The Engineering Design Report, and plans and specifications for the above -referenced project have been reviewed by personnel of the Public Water Supply Section and were found to be satisfactory. Approval of these plans and specifications is hereby given. one set of the design report, and plans and specifications bearing the approval stamp of the Department of Environmental Quality is enclosed. This project consists of water and sewer main extensions and a sewer lift station. Approval is based on plans and specifications received April 17, 2003 under the seal of Dennis F. Carver, P.E. # 3577 E. Approval is also given with the understanding that any deviation from the approved plans and specifications will be submitted to the Department for reappraisal and approval. Within 90 days after the project has been completed the project engineer shall certify to the Department that the project was inspected and found to be installed in accordance with the plans and specifications approved by the Department. This certification shall be accompanied by a completed O&M manual and a set of "as -built" record drawings signed by the project engineer It is further understood that construction will be completed within three years of this date. If more than three years elapse before construction is complete, it shall be necessary to resubmit the plans and specifications before construction may continue. This three-year expiration period does not extend any compliance schedule requirements pursuant to enforcement action against a public water/sewage system. A stormwater permit may be required for this project. The applicant should contact the Department of Environmental Quality Water Protection Bureau at 444-3080 for more information. Centralized Services Division - Enforcement Division - Permitting & Compliance Division - Planning, Prevention & Assistance Division - Remediation Division Re: Ashley Park Phase 5, E.Q. # 03-2451 . Sincerely, I Mater der, Environmental Engineer Specialist 3 Public r Su �J'v er Supply Section Community Services Bureau CC: Somers Land Company Flathead County Sanitarian File City of Kalispell Public Works Department Post ce Box 1997, alispell, Montana 599031997 - Telephone (406)758-7720, Fax (406)758-78' 1 OffiK June 3, 2003 Dick Montgomery, P.E. Environmental Health Services Flathead City -County Health Department 1035 First Avenue West Kalispell, Mt. 59901 X-9—A-9rTET?Trr, -itIV39", Kalispell, Montana This letter is to confirm that the City of Kalispell has reviewed and approved the construction 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, -L a Frank Castles, P.E. Civil Engineer City of Kalispell Public Works Department Post Office Box 1997, Kalispell, Montana 59903-1997 - Telephone (406)758-7720, Fax (406)758-7831 June 3, 2003 Carver Engineering, Inc. 1995 Third Avenue East Kalispell, Montana 59901 Attention: Rod Schenck RE: Ashley Park, Phase 5 Kalispell, Montana The construction plans and supporting documents for the referenced project are hereby approved with the following condition: The sewage lift station will contain Gorman Rupp submersible pumps with an above ground heated valve enclosure. 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 Civil Engineer Attachment: As Stated 11W 0 MU V 0 a 9 1 600POTA-01M 604 1131 Randy Brodehl - Fire Chief Jim Stewart - Assistant Chief/Fire Marshal June 30, 2003 Carver Engineering, Inc. 1995 Third Avenue East Kalispell, MT 59901 Attn: Rod Schenck Re: Ashley Park, Phase V Subdivision Review (Fire Hydrants) 312 First Avenue East Kalispell, Montana 59901 (406) 758-7760 FAX: (406) 758-7952 We have reviewed the design information that was submitted on the above referenced project. The fire hydrant locations are acceptable to this department. Feel free to contact me if you have any questions. Sincerely, Jim Stewart Assistant Chief/Fire Marshal Kalispell Fire Department "Assisting our community in reducing, preventing, and mitigating emergencies. " PRELIMINARY SUBDIVISION CERTIFICATE OF TITLE Tolicy No. 1 : • • CHICAGO TITLE INSURANCE COMPANY To the County of Flathead and the City of Kal i spel 1 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 30th day of May 1 2003, 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 Corpration subject only to the objections, liens charges, encumbrances and other matters shown under Schedule B hereof. The maximum liability of the undersigned under this certificate is limited to the sum of $ 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. Authorized Sigr CHICAGO TITLE INSURANCE COMPANY Pt�i�tt ATTEST seash"lt Reorder Form No. 9113 (Reprinted 12/00) Preliminary Subdivision Certificate of Title For Use In Montana ................... 04112BAURM Page 2 Certificate No.: 7208926-1161 Our File No.: CG-36405 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 (NI/2SEI/4) of Section 19, Township 28 North, Range 21 West, P.M.,M., Flathead County, Montana and more particularly described as follows: BEGINNING at the Southeast comer 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 South boundary of said NWI/4SEI/4 South 89'03'52" West a distance of 288.76 feet to a point; thence North 01'21'29" West a distance of 166.00 feet to a point; thence North 89'03'52" East a distance of 116.50 feet to a point; thence North 01'21'29" West a distance of 523.68 feet to a point on the South boundary of the Plat of ASHLEY PARK, PHASE 2 (records of Flathead County, Montana); thence along said South boundary North 88'38'3 1" East a distance of 286.00 feet to a point; thence South 01'2 1'29" East a distance of 37.00 feet to a point; thence North 88'38'3 1" East a distance of 274.00 feet to a point on the West boundary of the plat of ASHLEY PARK, PHASE 4 (records of Flathead County, Montana); thence along said West boundary South 01 '2 1'29" East a distance of 487.12 feet to a point; thence South 88'38'52" West a distance of 5.00 feet to a point; thence South 01'2 1'29" East a distance of 169.65 feet to a point on the South boundary of the NEI/4SEI/4 of said Section 19; thence along said South boundary South 89'03'52" West a distance of 442.76 feet to the point of beginning. To Be Known As: ASHLEY PARK, PHASE V. Page 3 Certificate No.: 7208926-1161 Our File No.: CG-36405 Being all of the estates, interests, equities, lawful claims, or demands, defects, or objections whatsoever to title; and all easements, restrictions, liens, charges, taxes (general, special, or inheritance, or assessments of whatever nature), or encumbrances; and all other matters whatsoever affecting said premises, or the estate, right, title, or interest of the record owners, which now do exist of record. 1. Property taxes, including any assessments collected with the taxes, for the year 2003. 2. Reservations in Patents or the acts authorizing the issuance thereof. 3. Mineral rights, claims or title to minerals in or under said land, including but not limited to metals, oil, gas, coal, or other hydrocarbons, sand, gravel or stone, and easement or other rights relating thereto, whether express or implied, recorded or unrecorded. 4. Mortgage dated April 30, 1994, to secure payment of $250,000.00, together with interest and any other obligations secured thereby, recorded May 3, 1994 as Document #9412314020, records of Flathead County, Montana. Mortgagor: Dennis F. Carver and Gaylon F. Owens Mortgagee: Joyce L. Radabah 5. Resolution No. 678G regarding a proposed change in zoning, filed July 22, 1994 as Document #9420309030, records of Flathead County, Montana. 6. Resolution No. 678E regarding a proposed change in zoning, filed July 22, 1994 as Document #9420309040, records of Flathead County, Montana. 7. Easement for gas pipeline and related purposes granted Montana Power Company, recorded November 2, 1999, as Document # 199930614190, records of Flathead County, Montana. 8. An existing fence along the South boundary as shown on Certificate of Survey No. 11699. 9. Utility easement certificate as shown on the unrecorded plat of Ashley Park, Phase V. 10. The 66 foot roadways known as Merganser Drive, Ruddy Duck Drive and Widgeon Court as shown hereon are to be dedicated to the City of Kalispell forever, as shown on the unrecorded plat of Ashley Park, Phase V. 11. A 10 foot utility easement, a 10 foot gas utility easement and a 20 foot utility easement as shown on the unrecorded plat of Ashley Park, Phase V. 12. No search has been made for water rights and unpatented mining claims, and liability thereon is excluded from coverage of this Certificate. 14U t. _ + 21 20 19 1� 9 1 1 i tS A2 43 4 46 4 4 Stl 5S 52 fi 54 5 5 5 56 61 62 63 64 6 5 66 -- � VI f'tt{t RESUB 1AB 39 OF 38s 92 21 0 37 144 243 142 JM 134 1 133 132 23i f i4 }2f 12 i2. 1 AA 4.2 32 O ? 36. }+. 1 147 i. 14 15 i .t . } i 157 1 ti 127 12 i24 b9 sEGG PARK Of 125 ST tS 35 3 DARUNGTON 7 SOUTH UEADOIs, 1 �i 1 i7 }$. 2561 1$ 28 i52 28 if0 yam. 9 Yi 152 23ti E A D 70 �� 17 17 -7 » t7 57 i? 17 ".1 181 :i82'� C 72 #A�#f 1JJ?. 2 32 ' CQ 17 20 Al Gt�RDc#�W�Y Lfi !Qi Z 73 g A Il}�v GREEN G{)VE is } 28 93 i iiEr ?5 2E?e 207 i10 2+i 94 95 107 1. 1 1 r 78�t7i 9 �� i 9 a8 }...i . S_ 8 $ $2 81 $0 .79 78;77 54ui '4 GREATIAEW SOUTH- ows DR 1 N+ .11 1 • .� . � _ 7:... & .:5 ... 4 3 2 AM � 12DA 3JZ 1 ! + C 21ff, $ 29 , 2 22W" 7 2, `Y �w 27 2 1i1 ?E2 Aw� 1. .2 24: 0 1 27 Zfi Tyi 2s251t} x0 r� ,, .. 'X 4+ ��? ! 48' �r-------------- --- -- 1 � 2E ZA 4 FEA€EAB 2FC `s j \\ 2FB 1 ! "TRH IS FURNISHED THISF: E,u 2D INFOR TATION PURPOSES ONLY TO ASSIST I '�, PROPEk Y LOCATION WITH REFERENCE TO � STREETS AND OTHER PARCELS. NO 3 #REPREbENTATION IS MAD ,Q ACCURACY ' t\ AND SJERLING TITLE SE ASSUMES 3 NO Ll f l-ITY FOR ANY LOSS OCCURRING BY REASON OF RELIANCE THEREON. k1 IR S Pursuant to Section 76-3-612, MCA 1979, the undersigned, JoIce L. Radabah beneficiary r- ~ dated April9 s the if! #0 do hereby consent to the Platting• to be known and named as the "Ashley attached.Park Phase V', see plat IN WITNESS WHEREOF, said party has caused their name to be subscribed hereto on this day of 1200-3 0 STATE OF MONTANA � SS On of 1, 3 before me a Notary Public~ of Montana, personally appeared whose name is subscribed to the foregoing instrument and acknowledged s me that they executed the same. wMAW Rimm=mvvi:, rotary Public4ru,5kLL r the State of Fontana ':'" Residing at: o ,A My Commission Expires: I I Plat Room Flathead County, Montana 800 S. Main St. Kalispell, MT 50001 (406) 7513-5510 This For -Ill is for Subdivisions & conclonlillir1llls Only I3'(: S FOR: s LA,t-i DATE 2.. - 1?..- 5 (tpT ` riz- LI-- 19 - ice- 2-1) )TAP> 1 9 (-H -1 I I R U-_--_.___-- _ I O I )A I I 1 I1(21('I)y ceItiIy IIlilt I I w w ill('. I1O o(ItstZllldilli lww'; ml tll(' Imilwit", 'Issiulw.d ill('. assessor I11111111('1 s listed ilhme, IOI the "('i(I s IIidi( i11od fm (.aCil (-Issessol- 11111111)('.r. I)(=1)11ty 1�1 eas(lr(�r (,seal) SOMERS LAND COMPANY, INC 1995 3rd Ave East Kalispell, MT 59901-5759 (406)257-6202 PAY TO THE CITY OF KALISPELL ORDER OF VALLEY BANK OF KALISPELL KALISPELL, MT 59901-4447 93-229/929 6/30/2003 "7,034.00 1 9 G.1 Seven Thousand Thirty -Four and 00/100•�*��***.***,.***.�**x.�x*x***.�**�..*„x„�,��.,���x.,�>.,*�,.«,..,....�,.,.�.�**�„<.,...,,,�,x,****x, DOLLARS 8 CITY OF KALISPELL PARK AREA ASHLEY PARK PH 5 3 2 r1le, 39911' VALLEY B A N K OF KALISPELL ugust 11, 2003 IRREVOCABLE LETTER OF CREDIT NO. 1238 TO: The City of Kalispell ATTN: Pam Kennedy, Mayor FROM: Valley Bank of Kalispell 41 Third Street West PO Box 48 Kalispell, MT 59903-0048 RE: Irrevocable Standby Letter -of -Credit No. 1238 AMOUNT: $249,261.38 EFFECTIVE,DATE: August 11, 2003 EXPRIATION: August 11, 2004 Dear Mayor Kennedy: We hereby establish a standby Irrevocable Letter of Credit in your favor for the sum not exceeding a total of $249,261.38 for the account of Dennis Carver, Somers Land Company, Inc. and Ashley Park, Phase V Subdivision. The required improvements for which this letter applies are enumerated as exhibit "A", attached. Drawn 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. 1238 Dated August 11, 2003 The City of Kalispell hereby drawn under said Letter of Credit No. 1238 in the amount of $249,261.38. Said amount is being drawn to pay for the cost of stated specific improvements which were to be completed as set for in the attached Development agreement dated August 11, 2003 and signed by Pam Kennedy, Mayor. The City as given written 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. P.O. BOX 48 • KALISPELL, MT 59903-0048 406-752-7123 • FAX 406-752-7320 • WWW.VALLEYBANKMT.COM MEMBER FDIC This Letter of Credit shall terminate and expire either (a) upon the delivery to the bank of the written certificate by the City of Kalispell stating that Dennis Carver, Somers Land Company, Inc. has satisfactorily completed the improvements for said Phase V Subdivision, as referred to, or (b) August 11, 2004, 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 Allan Aronson, Senior Vice President ATTEST: RE: Dennis Carver, Somers Land Company, Inc. Phase Four Subdivision Letter of Credit No. 1238 The foregoing Letter of Credit is hereby approved and accepted. Dated this day of August 2003. CITY OF KALISPELL I� Pam Kennedy, Mayor MAY 73 196 M , M -, �-, i z I \ I /I < 01 30 195 90 i 91 102 74 97198 6LA 27WZ 8 194 1 1105 B 96, 209 93 -,106 au -19111903891 LUI 108 1 10"g Uo 11971 185 284 - 73 I i i )/i4f 83i 821 81! 80 1� 79 i - 1 76 R-4 78 177 [JU, 1N 9A 71645 1413112 1 9 i 6 4 1 3 2 12BA 4 $A. 5 r%,,f 6 1 7 61 51 L 27 237 21 , 29 22 7 8 23 24 f I 2423 8 9 f 25 16 0 25 919 27 24 26 10 18 _�27 L,,8 21 26 26 10 25 30 20 7 Ick 4 - Subject Property 1�� 16 J/ t- I Q-A r 18,119, 22 23 24 N R4 2E R 2A 2EAF 2EAB AAA 1 777 -4, 2EAC 2F 2FA 2FB FID5 14 SOMERS LAND COMPAftl' FIN AL PLAT ASHLEY PARK PHASE V A 41 LOT SINGLE FAMILY RESIDENTIAL SUBDIVISION ON 9.085 ACRES FILED CONCURRENTLY WITH ANN XATION REQUEST PWT DAM 7/18/03 ALE 400H:\g*\site\kfpO3-2.ctwg FILE� KFP-03-2 SC1" = '