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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 tricityi�centun tel.net waves. tricityplanning-mt. cam REPORT TO: Kalispell Mayor and City Council FROM: Tom Jentz, Director Chris A. Kukulski, City Manager SUBJECT Final Plat for Ashley Park Phase VII MEETING DATE: July 6, 2004 BACKGROUND: This is a request for final plat approval of Ashley Park Phase V1I a 36 lot residential subdivision with 24 single family lots and 12 townhouse lots on approximately 8.534 acres located on the west side of Airport Road at the west end of Merganser Drive. The preliminary plat approval for this subdivision was granted by the Board of County Commissioners on May 10, 1994 as a seven phase development. Five phases have previously been developed and final platted. The entire site has also been previously annexed to the city. One of the terms of preliminary plat approval is that as each phase is final platted, the next phase is granted an automatic two-year extension of the preliminary plat approval. Phase VI received final plat approval on September 2, 2003 thus this phase is well within the time frame for submittal. Approximately 58 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 $289,030 which more than 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 $5,655 has also been submitted as part of this application. RECOMMENDATION: A motion to accept the subdivision improvements agreement and approve the final plat for Ashley Park Phase V1I would be in order. FISCAL EFFECTS: Potential minor positive impacts once developed. ALTERNATIVES: As suggested by the City Council. Respectfully submitted, Narda A. Wil on Chris A. Kukulski Senior Planner City Manager Providing Community Planning Assistance To: City of Columbia Falls + City of Kalispell + City of Whitefish Final Plat for Ashley Park Phase VII June 30, 2004 Page 2 Report compiled: June 30, 2004 Attachments: Letter of transmittal Final plat application and supporting documents SUBDIVISION IMPROVEMENT AGREEMENT THIS AGREEMENT, made and entered into this day of , 2004, by and between the CITY COUNCIL, CITY OF KALISPELL, MONTANA, Party of the First Part and hereinafter referred to as the CITY, and Somers Land Company, Kalispell, MT 59901, Party of the Second Part and hereinafter referred to as OWNER. WITNES SETH: THAT WHEREAS, the Owner is the owner and developer of a new subdivision known as Ashley Park Phase 7, located in the NW 1/4, SE 1/4 of Section 19, Township 28N, Range 21W P.M.M., ,Flathead County, Montana; and, WHEREAS, the City has conditioned its' approval of the final plat Ashley Park Phase 7, upon the conditions as set forth in the Preliminary Plat of the Subdivision being completed at this time, and the Owner 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 improvements is the sum of $ 538,392.10 , of which a total of j 313 445.87 has been completed to elate. NOW THEREFORE, in consideration of the approval of the final plat of said Subdivision by the City, the Owner hereby agrees as follows: 1. The Owner 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 $ 289,030.03 . 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 $ 289,030.03 , which represents 125% of the estimated cost of completing the required, improvements in Ashley Park Phase 7. b. That if the Owner 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 _ June 30, 2005 Page I of 3 Pages 3. That upon completion of the required improvements, the Owner 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 Owner warrants said improvements against any and all defects for a period of one (I) year from the date of acceptance of the completion of those improvements by the City; C. That the Owner 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 Owner 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 1S ALSO AGREED BY AND 13 IWEEN THE PARTIES HERETO AS FOLLOWS, TO WIT: That the Owner shall provide for inspection of all required improvements by a registered professional engineer before the Owner 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 Owner with a list of specific deficiencies and may withhold collateral sufficient to insure such compliance. If the City determines that the Owner 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 Owner or the crediting institution, as is appropriate. That as improvements are completed, the Owner 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 of 3 Pages IN WITNESS WHEREOF, the Parties to this agreement have hereunder set their hands and seals the day and year herein before written. ASHLEY PARK PHASE 7 Somers Land Company ft (Title) STATE OF MONTANA, COUNTY OF FLATHEAD On this 73CP day of J U" 2004, before me, a Notary Public for the State of Montana, personally appeared i�,� - Ca Qae-- 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 o any Public for the State of Mont a Residing at My Commission Expiresfo 1 MAYOR, CITY OF KALISPELL ATTEST: . • a •� Page 3 of 3 Pages FINANCE DIRECTOR A,SHLEY PARK 7 - EXHIBIT "B" COMPLETED ITEM UNITS I NO. UNITS UNrr COST TOTAL COST TO DATE I: ROAD CUT CY 8,263 $ 3.60 $ 31,399.40 $ 31,399.40 STABILIZATION FABRIC SY 6,889 S 1.05 $ 7,233.45 $ - PIT RUN TONS 7.235 $ 6.22 $ 45,001.70 $ 3/4" CRUSHED SF 70,896 S 0.30 S 21,268.80 S 4" ASPHALT SF 60,768 S 0.96 $ 58,337.28 $ CURES AND GUTTER LF 21240 S 8.50 $ 19,040.00 $ SIDEWALK SF 10,735 $ 3.60 S 38,646.00 $ STREET SIGNS EA 3 S 150.00 $ 450A0 $ I-ropsc)IL I SY j 2,211 $ 2.10 $ 4,643.10 $ 6 419 $4 39 :40< STORM WATER CATCH BASINS LS 8 $ 625,00 $ 5:000.00 $ 5,000.00 MANHOLES LF 4 $ 12050.00 S 4,200.00 $ 4,200.00 8" GRAVITY LF 360 S 15.00 $ 5,400.00 $ 5,400.00 12" GRAVITY EACH 420 S 18.00 $ 7,560.00 $ 7,560.00 CLEANOUT EACH 1 $ 350.00 $ 350.00 S 350.00 WATER CONNECT TO EXISTING LS 1 S 975.00 $ 975.00 $ 975.00 8" WATER MAIN LF 1,640 $ 22.80 S 37,392.00 $ 37,392.00 6" WATER MAIN LF 60 $ 18,75 $ 1,125.00 $ 1.125.00 8" GATE VALVES EACH 3 $ 910A0 S 2,730.00 S 2,730.00 FIRE HYDRANTS EACH 5 $ 2.440.00 $ 12,200.00 $ 12,200.00 MISC 8" FITTINGS EACH 13 $ 425.00 $ 5,525.00 $ 5,525.00 FLUSHING HYDRANT EACH 2 $ 1,185.D0 Is 2,370,00 IS 2,370,00 1" WATER SERVICE EACH 36 $ 650.00 1 $ 23,400.00 $ 23,400.00 SEWER 8" SEWER MAIN LF 1,540 $ 19.00 $ 29,260.00 $ 29,260.00 4' DIAMETER MANHOLES EACH 4 $ 1,200.60 $ 4,800.00 S 4,800.00 4" PVC SERVICES EACH 36 1 $ 600.00 S 21,600.00 S 21,600.00 CLEANOUT EACH 1 Is 350.00 $ 350,00 $ 350,00 UTILITIES BY CONTRACTOR COMMON UTILITY TRENCH LF 2,000 $ 3.50 $ 7,000,00 $ 4,200.00 2" CONDUIT LF 5,040 $ 1.50 $ 7,560.00 $ 4,536.0Q 3" CONDUIT LF 3,120 $ 1.75 $ 5,460,00 $ 3,276,00 4" CONDUIT LF 2,960 $ 2.05 $ 6,068,00 $ 3,640.80 1 PHASE TRANSFORMER VAULT EACH 5 $ 625.00 $ 3,125.00 $ 3,125.00 3 PHASE TRANSFORMER VAULT EACH 1 S 1,100.00 $ 1,100.00 $ 1,100.00 GAS ASSIST LF 2,000 $ 0.25 $ 500.00 $ S#3i1t=;I :10'al.T:80<: ENGINEERING. SURVEYING. UTILITY COMPANIES. PERMITS. FEES NORTHWESTERN GAS LS 1 $ 10,533,00 $ 10,533.00 $ 10,533.00 FLATHEAD ELECTRIC LS 1 $ 30,771.00 S 30,771.00 $ 30,771.00 MDEQ REVIEW FEE LOT 36 $ 135.00 S 4,910,00 S 4,910.00 FRDO FINAL PLAT REVIEW LOT 36 $ 30.00 $ 11550.00 $ - CONSTRUCTION SURVEYING LS 2.0% $ 421,069.73 $ 8,421.39 $ 6,737.12 LEGAL SURVEYING 1 PLAT LOT 36 $ 150.00 $ 5,400.00 $ 5,400.00 DESIGN ENGINEERING LS 7.0% $ 421,069.73 $ 29,474.88 $ 29,474.88 CONSTRUCTION ENGINEERING LS 3.0% $ 421,069.73 $ 12,632,09 $ 10,105.67 LANDSCAPING TREES EACH 72 $ 160.00 $ 13,600,00 $ - PROJECT TOTALA487: EXHIBIT "B" - ASHLEY PARK 7 6/29/2004 ORIGINAL COST OF CONSTRUCTION $ 538,392.10 AMOUNT COMPLETED PRIOR TO BONDING $ 313,445.87 AMOUNT OF REMAINING WORK PRIOR TO BONDING $ 224,945.23 AMOUNT OF BOND (125% OF REMAINING WORK) $ 281,182.78 AMOUNT OF WORK COMPLETED TO DATE S 313,445,87 PERCENTAGE OF WORK COMPLETED TO DATE 580/. AMOUNT OF WORK REMAINING $ 224,946.23 ORIGINAL BOND AMOUNT $ 281,182.78 AMOUNT OF BOND TO BE REd'AINDED (125% OF REMAINING WORK) S 281,182.78 BOND AMOUNT TO BE RELEASED $ — AMOUNT PREVIOUSLY RELEASED $ AMOUNT TO BE RELEASED AT THIS TIME $ AS PROJECT ENGINEER FOR THE ASHLEY PARK PHASE VI[ SUBDIVISION, I CERTIFY THAT THE WORK LISTED HEREIN IS CORRECT. IN ADDITION,) 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: $ 313,445,87 THE TOTAL VALUE OF REMAINING WORK IS ESTIMATED TO BE: $ 224,946.23 SECURITY HELD AT 125% OF THE REMAINING COSTS SHOULD BE IN THE AMOUNT OF: $ 281:182.78 DENNIS F. CARVER. P.E. "lint{° ALL WORK TO BE COMPLETED BY JUNE 30, 2005 EXHIBIT "B" - ASHLEY PARK 7 6129?20C4 Tri-City Planning Office 17 Second Street East -- Suite 211 Kalispell, Montana 59901 Phone: (406) 751-1850 Fax: (406) 751-1858 tricit4�:centurptel. net www. tricityplanning-tt. June 30, 2004 Chris Kukulski, City Manager City of Kalispell P.O. Drawer 1997 Kalispell, MT 59901 Re: Final Plat for Ashley Park Phase VII Dear Chris: This is a request for final plat approval of Ashley Park Phase VII, a 36 lot residential subdivision with 24 single-family lots and 12 townhouse lots on approximately 8.534 acres located on the west side of Airport Road on the west end of Merganser Drive. Preliminary plat approval for this subdivision was granted by the Board of County Commissioners on May 10, 1994 as a seven -phase development. Six phases have previously been developed and final platted. The entire site has also been previously annexed to the city. One of the terms of preliminary plat approval is that as each phase is final platted, the next phase is granted an automatic two-year extension of the preliminary plat approval. Phase VI received final plat approval on September 2, 2003 thus this phase is well within the time frame for submittal. Approximately 58 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 $289,030 which is in excess of the required 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 $6,655 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. COMPLIANCE WITH CONDMONS OF APPROVAL: Condition No. I That the subdivision obtains approval from the State Department of Health and Environmental Sciences. This condition has been met. The subdivision has been approved by the State Department of Environmental Quality under the Municipal Facilities Exclusion for areas served by municipal water and sewer. See letters dated 4 / 9 / 04 - EQ#04-2424 and 3/25/04 - #04-2374. Providing Community Planning Assistance To: • City of Columbia Falls • City of Kalispell • City of Whitefish • Final Plat for Ashley Park Phase VII ,Tune 30, 2004 Page 2 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 4/ 12/04. 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. A letter dated 6/30/04 states the subdivision improvements agreement has been reviewed by the Kalispell Public Works Department and should be accepted by the Kalispell City Council, 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 finial 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 VII 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. This condition has been addressed. A cash. -in -lieu of parkland fee in the amount of $6,655 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. Final Plat for Ashley Park Phase V11 June 30, 2004 Page 2 • This condition has been znet. A letter from the Kalispell Fire Marshal dated 4/ 21 / 04 has been submitted with the final plat approving the hydrant locations and fire department access. 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 September 2, 2005 based on Phase VI approval on September 2, 2003. Condition No. 10 The lots meet the City of Kalispell Zoning Regulations. • This condition has been met. All of the lots within the subdivisions 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 faunal 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 was filed with Phase V for phases V - VII. The City council approved the annexation for this area at the August 18, 2003 council meeting. Condition No. 14 Street tree planting shall be coordinated in partnership with the City of Kalispell Parks Department. • This condition has been adequately addressed. This item has been included in the subdivision improvements agreement and a letter from the City of Kalispell Parks Final Plat for Ashley Parr Phase Vll June 30, 2004 Page 2 Department regarding the street tree planting dated 6/24/04 has been submitted with the final plat application. COMPLIANCE WITH APPROVED PRELIMINARY PLAT The final plat is in substantial compliance with the preliminary plat which was submitted and approved. COMPLIANCE WITH THE SUBDIVISION REGULATIONS: This subdivision plat has been found to be in substantial compliance with the State and City Subdivision Regulations. COMPLIANCE WITH THE ZONING REGULATIONS This subdivision complies with the Kalispell Zoning Ordinance and the R-4 zoning designation which will be assigned upon annexation. RECOMMENDATION: All of the conditions of preliminary plat approval have been adequately addressed. The 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 July 6, 2004 city council agenda if possible. You may call me at 751-1852 if I can be of assistance to you regarding this matter. Sincerely, Narda A. Wilson, AICP Senior Planner a it Attachments: I opaque Mylar of final plat 1 reproducible Mylar of final plat 1 blueline of final plat Letter from Sands Surveying dated 6 / 24/ 04 Final plat application dated no date Letter from MDEQ dated 4/9/04 Letter from MDEQ dated 3/25/04 Letter from Kalispell Public Works dated 4 / 12 j 04 Letter from Fire Marshal 4/21 /04 Letter from Parks and Rec dated 6 / 24 / 04 Title report dated 6 / 1 / 04 Final Plat for Ashley Park Phase VII June 30, 2004 Page 2 Letter from Kalispell Public Works dated 6/30/04 Engineers certification dated 6/25/04 Subdivision Improvements Agreement 6/30/04 Valley Bank letter of credit dated 6/24/04 Treasurer's certification dated 3/30/04 Check for cash in lieu of parkland $6,655 c: Somers Land Co., 1995 Third Ave. East, Kalispell MT 59901 Sands Surveying, 2 Village Loop, Kalispell MT 59901 Theresa White, Kalispell City Clerk June 24, 2004 Tri-City Planning Office Narda Wilson, Senior Planner 17 Second Street East, Suite 211 Kalispell, MT 59901 Dear Narda: Attached please find the materials necessary to file the final plat for Ashley Park Phase 7 Subdivision. I have listed the Conditions of Approval, and then subsequently addressed how each Condition was met. Ashley Park Phase 7 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 (MDEQ). Please refer to the attached documentation from MDEQ. 2. That all water lines, sanitary sewer, culverts, and storm sewer lineslswales 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 lineslswales 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 Kaliispeil Public Works Department approving ail of the above. 3. The construction of all streets, curbs, gutters and sidewalks shall be done in compliance with City of Kalispell standards and approved by the City of Kalispell Public Works Department. Attached is a letter from the City of Kalispell Public Works Department approving all of the 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. See face of the final plat. 5. Prior to final plat of Phase 2, installation of the northerly access route through South Meadows is to be completed. This was completed with prior phases. 6. All utilities shall be installed underground. Please refer to the attached Subdivision Improvements Agreement from Carver Engineering. 7. The owner shall pay a cash -in -lieu of park land payment equal to 1I9`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 $6,655.00 made payable to the City of Kalispell to meet this requirement. This figure has been arrived at using a rate of $10K per acre assessed value of the unimproved acreage. 8. Placement of fire hydrants shaft 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. Attached is a letter from the City of Kalispell Fire Department indicating that fire suppression facilities are adequate. 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 maybe granted for each individual phase. If any phase expires, the remaining unrecorded phases also expire. Preliminary Plat approval was granted on May 10, 1994. Phase 1 expired on that date in 1996. A one-year extension was requested and received for Phase 3, allowing it to be filed December 4, 1999, and then a minor extension to allow for the annexation process to be completed resulted in a February 4, 2000 deadline. Therefore, Ashley Park Phase 4 has an expiration deadline of February 4, 2002. An extension of this deadline was granted by the Commissioner's until September 30, 2002. Phase 6 was filed within the before the timeline expired in September 2004. Phase 7 will be filed before its deadline expires. 10. The lots meet the City of Kalispell Zoning Regulations. The lots are in compliance with the City of Kalispell Zoning Regulations. 11. Lot numbers, street addresses, and net acreage for each lot shall be included on the face of the final plat. Please refer to the face of the final plat for this information. 12. All streets shall be clearly signed in a manner conforming to City of Kalispell standards. Please refer to the attached Subdivision Improvements Agreement. 13. Prior to final plat of each phase, annexation shall occur. The annexation for all phases of Ashley Park was approved by the Kalispell City Council prior to this submittal. 14. Street tree planting shall be coordinated in partnership with the City of Kalispell Parks Department. Please refer to the attached, approved landscape plan. 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, tI r/ r 1 . Erica Wirtala �s, Tri-City Planning Olfce 17 Second St East, Suite 211 Kalispell, MT 59901 Phone: (406) 751-1850 Fax: (406) 751-1858 FINAL PLAT APPLICATION Project Name: ASHLEY PARK, PHASE VU 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 Owner & Mailing Address: SOMERS LAND COMPANY 1995 3 AVE EAST KALISPELL. MT 59901 Type of Subdivision: Residential XX Industrial -Commercial ___PUD Other No. of Lots Proposed 36 Parkland (acres) Land in Project (ac.) 8.534 Cash -in -Lieu _46165_ 5.00 Exempt FILLING FEE ATTACHED $2,140.00 Minor Subdivision with approved preliminary plat $300 + $30/lot Major Subdivision with approved preliminary plat $650 + $40 f lot Subdivisions with Waiver of Preliminary Plat $500 + $30 /lot Subdivision Improvements Agreement $ 50 Not Attached Applicable GUST CHECK ONE) x Health Department Certification (Original) _xxz_ Title Report (Original, not more than 90 days old) _ate Tax Certification (Property taxes must be paid)l) XX Consent(s) to Plat (Originals and notarized) xx __ Subdivision Improvements Agreement (Attach collateral) Parkland Cash -in -Lieu (Check attached) NX Maintenance Agreement Plats: 1 opaque OR 2 Mylars 1 Mylar copy 1 signed blueline 4 blueli,nes 4 bluelines, unsigned The plat must be signed by all owners of record, the surveyor- and the examining land surveyor. Attach a letter, which lists each coMtion of preliminary plat approval, and individually state how each condition has specilialy 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 subdi0sion final plat applications be accompanied with a digital copy. 0�kner(s) Signature **A digital copy of the final plat in a Drawing Interchange File (DXF) format or an AutoCAD file format, consisting of the following layers: I . Exterior boundary of subdivision Z_ Lot or park boundaries 3. Easiment 4Roads or rights -Of --way S. A tie to either an existing subdivision corner or a corner of the public land survey sytem As approved by the TCPB on 12/19/01 Effective 1/1/02 Montana Department of ��0NM�' NT�QUAUTY Judy Martz, Governor 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 April 9, 2004 RE: Ashley Park Phase VII Water & Sewer Extensions, EQ#04-2424 Dear Mr, Schenck: Plans and specifications for the above -referenced project have been reviewed by personnel with the Permitting & Compliance Division utilizing the certified checklist procedure. The plans and specifications are hereby approved. One set of plans and specifications bearing the approval stamp of the Department of Environmental Quality is enclosed. Approval is based on plans and specifications received April 02, 2004 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 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 completing construction, plans and specifications must be resubmitted and approved before construction begins. This three-year expiration period does not extend any compliance schedule requirements pursuant to a Department enforcement action against a public water or sewage system. Please be aware that this project may need a storm water general permit. Please contact the Water Protection Bureau at 406-444-3080 for more information. Sincerely, , a er n 1v ronmental nbineer Specialist Public W r pply Section Public Water Supply and Subdivisions Bureau cc: Somers Land Company City of Kalispell, Department of Public Works Flathead County Sanitarian File Centralized Services Division - Enforcement Division - Permitting & Compliance Division • planning, Prevention & Assistance Division • Remediatioa Division Montana Department of '� �NVMO QUAUTY Judy Martz, Governor P.O. Box 200901 • Helena, MT 59620-0901 . (406) 444-2544 • www.deq.state.mt.us March 25, 2004 Carver Engineering Inc Rod Schenck 1995 Third Ave East Kalispell MT 59901 Dear Mr Schenck: RE: Ashley Park Phase VII Municipal Facilities Exclusion EQ#04-2374 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. Under 76-4-125(2)(d) 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 {76-4-I 11 (3), FICA}. Construction of water or sewer extensions prior to DEQ, Public Water Supply Section's 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 Public Water Supply Section, Kalispell Office for their review. Sincerely, ,a ,j_`` Janet Skaarland Compliance Technician Subdivision Section Water Protection Bureau (406) 444-1801 — ern.all jskaarlandCstate. t.us cc: City Engineer County Sanitarian file Centralized Services Division • Enforcement Division • Permitting & Compliance Division • Planning, Prevention & Assistance Division > Remediation Division City of Kalispell Public Works Department Post ice Box 1997, Kalispell, Montana 59903-1997 - Telephone (406)758-7720, Fax (406)758-7831 April 12, 2004 Dick Montgomery, P.E. Environmental Health Services Flathead City -County Health Department 1035 First Avenue West Kalispell, Mt. 59901 Re: Ashley Park, Phase VII Kalispell, Montana Dear Dick, 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, Frank Castles, P.E. Assistant City Engineer P OS7- cc: Carver Engineering, Inc. KAL SPELL FIRE DEPARTMENT Randy Brodehl - Fire Chief Jim Stewart - Assistant Chief/Prevention Dee McCloskey -Assistant Chief/Operations April 21, 2004 Carver Engineering, Inc. 1995 Third Avenue East Kalispell, MT 59901 Attn: Rod Schenck Re; Ashley Park, Phase VII Subdivision Dear Rod, 12 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 and fire department access 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 an reducing, preventing, and mitigating emergencies, " 35 1" Ave East --- P O Box 1997 -- Kalispell MT 59903-1997 Phone: (406) 758-7718 Fax: (406) 758-7719 Email: parknrec@kalispell.com June 24, 2004 Ms. Erica Wirtala Sands Surveying 2 Village Loop Kalispell, MT 59901 Re. Ashley Park Phase VII Dear Erica: This letter is to serve as approval on the proposed boulevard landscaping plans submitted and reviewed for Ashley Park Phase VII. In the case that tree plantings do not occur immediately, bonding may need to be put in place to insure the plan will be completed. Final approval will be given upon completion, inspection and approval of the landscaping and tree plantings, at which time bonding would be released if it is in place. It has been enjoyable working with you, if you have any concerns or questions please give me a call. Sincerely, Michael Baker, Director Cc: Narda Wilson, Tri-City Planning Encl: City Tree Planting List & Street Tree Ordinance Tree List Norway Maple Red Maple Littleleaf Linden Black Walnut American Linden Horsechestnut Washington Hawthorne Columnar Norway Maple Globe Norway Maple Chrimson King Norway Maple Redmond Linden European Mountain Ash English Hawthorne Note; Assorted flowering crabs and ornamentals, as approved for small locations, overhead obstructions', etc, City of Kalispell Public Forks Department Post vice Box 1997, Kalispell, Montana 59903-1997 - Telephone (406)758-7720, Fax (406)758-7831 June 30, 2004 Somers Land Company 1995 Third Avenue East Kalispell, Montana 59901 Attention. Dennis Carver RE: Ashley Park, Phase 7 Dear Mr. Carver: J N'3 0 204 Based upon certification receivers from Carver Engineering, Inc., and a cursory examination by this office on June 30, 2004, it appears that the installed City owned infrastructure improvements meet the intent of the approved design documents and the City of Kalispell Design and Construction requirements. We concur that the remaining items of work to be completed are as listed on 15(hibit `"B" which was transmitted with the Subdivision Improvement Agreement via your letter dated June 25, 2004. If you have any questions, or need further assistance please do not hesitate to contact this office. Sincerely, Frank Castles, P.E. Assistant City Engineer Cc: Narda Wilson, Tri City Planning Via fax 751-1858 am Carver Engineering, Inc. Consulting Engineers Civil Structural Environmental June 25, 2004 City of Kalispell P.O. Box 1997 312 1 st Avenue East Kalispell, MT 59901 Re: Ashley Park, Phase 7 Flathead County Subdivision Improvement Agreement Carver Engineering has observed water, sewer, stormwater drainage and road construction completed to date on Ashley Park Phase 7, as described in EXHIBIT B. The work has been inspected and is in compliance with approved plans and specifications. Sincerely, CARVER ENGINEERING, INC. Dennis F. Carver, P.E. 11 ppa. 11 F c Aettai���;. VALLEY B A N K OF KALI SPELL une 24, 2004 IRREVOCABLE LETTER OF CREDIT NO. 1249 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, 1249 AMOUNT: $289,030.03 EFFECTIVE DATE: June 24, 2004 EXPRIATION: August 31, 2005 Dear Mayor Kennedy: We hereby establish a standby Irrevocable Letter of Credit in your favor for the sure not exceeding a total of $289,030.03 for the account of Dennis Carver, Somers Land Company, Inc. and Ashley Park, Phase VII 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. 1249 Dated June 24, 2004 The City of Kalispell hereby drawn under said Letter of Credit No. 1249 in the amount of $289,030,03. 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 June 24, 2004 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 k KALISPELL., MT 59903-0048 406-752-7I23 , FAX 406-752-7320 . WWW.VALLEYBANKMT.COM MEMEER FDIC I 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 31, ZOOS, 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, 1249 APPROVAL The foregoing Letter of Credit is hereby approved and accepted. Dated this day of June 2004. CITY OF KALISPELL IM Pam Kennedy, Mayor Plat Room Flathead County, Montana 800 S. Main St. Kalispell, MT 59901 (406) 758--5510 This Form is for Subdivisions & Condominiums Only BY: FOR: DATE 3 A'116 �G 7 DESCP: 5 k 1 19�a4.2 PURPOSE YEARS ASSESSOR # 1999 THRU _--'-00-_ & TO DATE 0 0 Y -15115- I hereby certify that there are no outstanding taxes on the property assigned the assessor numbers listed above, for the years indicated for each assessor number. ,•• Deputitrvasurer ar) PRELIMINARY SUBDIVISION CERTIFICATE OF TITLE Policy No. 7208928- CHICAGO TITLE INSURANCE COMPANY To the County of Flathead and the City of Kal 1 5 el 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 I st day of June 2004 , at S o'clock P.M., the title to the described real estate was indefeasibly vested in fee simple of record in: SOMERS LAND COMPANY A Montana Corporation subject only to the objections, liens charges, encumbrances and other matters shown under Schedule B hereof. The maximum liability of the undersigned under this certificate is limited to the sum of $l 0 , 000 .,00 This certificate of title is made in consideration of the payment of the premium by the subdivider of the land and for the use of the County and City above named. Issued by: STERLING TITLE SERVICES 11 South Main Street, P.O. Bost 73 Kalispell, MT 59G3 Phone- (406) 752-7000 Fax: 75-w7' itle) Fax, 406 -663 (Escrow) ww►�it.staril�;ti�9�s��,i�esacom E-mail: ixtfrirlin 3=itleservlctf1 a Authorized Signat# CHICAGO TITLE INSURANCE COMPANY PrW4dW ATTEST SecAfty Reorder Form No. 9113 (Reprinted 12/00) Preliminary Subdivision Certificate of Title For Use In Montana SCHEDULE A Page 2 Certificate No.: 7208926-1205 Our File No.: CG-39020 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 Northwest Quarter of the Southeast Quarter (NWI/4SE'/4) of ,Section 19, Township 28 North, Range 21 West, P.M.,M., Flathead County, Montana and more particularly described as follows: Commencing at the SE corner of the NW'/4SEI/4 of Section 19, Township 28 North, Range 21 West, P.M.,M., Flathead County, Montana; thence along the South boundary of said NWl/4SE1/4 South 89°03' 52" West, a distance of 228.76 feet to a point on the West boundary of the Plat of Ashley Park, Phase V (records of Flathead County, Montana) and the True Point of Beginning of the tract of land herein described; thence continuing South 89°03' 52" West, a distance of 522.79 feet to a point on the Easterly R/W of Burlington. Northern Railroad; thence along said R/W North 36°44'47" West, a distance of 161.27 feet to a point; thence leaving said RIW North 53015' 13" East, a distance of 186.00 feet to a point on the Northerly R/W of a 66 foot city road and utility easement known as Merganser Drive; thence along said R/W South 36°44'47" East, a distance of 36.32 feet to a point; thence leaving said R/W North 01021'29" West, a distance of 438.50 feet to a point on the South boundary of the Plat of Ashley Park, Phase III (records of Flathead County, Montana); thence along said South boundary North 88"39' 10" East, a distance of 560.00 feet to a point on the Westerly boundary of said Plat of Ashley Park, Phase V; thence along said Westerly boundary South 01021'29" East, a distance of 486.68 feet to a point on the Northerly R/W of said Merganser Drive; thence along said R/W South 89°03'52" West, a distance of 116.50 feet to a point; thence leaving said R/W and continuing along said Westerly boundary South 01°21'29" East, a distance of 166.00 feet to the Point of Beginning. TO BE KNOWN AS: ASHLEY PARK, PHASE VII Page 3 Certificate No.: 7208926-1205 Our File No.: CG-39020 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 taxes, for the year 2004. 2. Reservations in Patents or the acts authorizing the issuance thereof. 3, Mineral rights, claims or title to minerals in or under said Iand, 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. Resolution No. 678G regarding a proposed change in zoning, filed July 22, 1994 as Document 49420309030, records of Flathead County, Montana, 5. Resolution No. 678E regarding a proposed change in zoning, filed July 22, 1994 as Document 99420309040, records of Flathead County, Montana. 6. Resolution No. 4826 regarding a proposed change in zoning and annexation to the City of Kalispell, Montana, recorded August 26, 2003 as Document #200323808001, records of Flathead County, Montana. 7. Utility easement certificate as shown on the unrecorded plat of Ashley Park, Phase VII, 8. The 66 foot roadways known as Merganser Drive, Pintail Court and Pintail Drive as shown hereon are to be dedicated to the City of Kalispell forever, as shown on the unrecorded plat of Ashley Park, Phase VI. 9. Ten foot gas utility easements, existing ten foot gas utility easements and drainage/utility/access easements as shown on the unrecorded plat of Ashley Park, Phase VII. 10. No search has been made for water rights and unpatented mining claims, and liability thereon is excluded from coverage of this Certificate.