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.
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"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
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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
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