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Staff Report/Final PlatREPORT TO: FROAC F�-DT:3j prlo MEETING DATE: City of Kalispell Planning Department 17 - 2n' Street East, Suite 21.1, Kalispell, Montana 59901 Telephone: (406) 751-1850 Fax: (406) 751-1858 4Vebsite: kalispellplanning.com Kalispell Mayor and City Council Thomas R. Jentz, Director James H. Patrick, City Manager Final Plat for Ashley Park Subdivision Phase 8 February 21, 2006 BACKGROUND: This is a request for final plat approval of Ashley Park Phase VIII, a 46 lot residential subdivision with 26 single-family lots and 20 townhouse lots on approximately 10.81 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 an eight -phase development. Seven 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 VII received final plat approval on July 6, 2004 thus this phase is well within the time frame for submittal. Approximately 60 percent of the improvements have been completed which includes the water, sewer, storm water drainage and street sub base work. 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 of $380,119.24 is attached which addresses 125 percent of the remaining work to be completed. In addition, cash -in -lieu of parkland checks in the amounts of $17,896 & $833 have 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 Subdivision Phase 8 would be in order. FISCAL EFFECTS: Potential minor positive impacts once developed. ALTERNATIVES: As suggested by the City Council. Final. Plat for Ashley Park Subdivision Phase 8 January 30, 2006 Page 2 Respectfully submitted, Thomas R. Jentz, AIC James H. Patrick Director City Manager Report compiled: February 10, 2006 Attachments: Letter of transmittal Final plat application and supporting documents Return to: Theresa White Kalispell City Clerk P.O. Box 1997 Kalispell, MT 59903 SUBDIVISION IMPROVEMENT AGREEMENT THIS AGREEMENT, made and entered into this day of , 20 , 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 DEVELOPER. WITNESSETH: THAT WHEREAS, the Developer is the owner and developer of a new subdivision known as Ashley Park - Phase 8 , located in the NW 1/4, SE 1/4 of Section 19, Township 28N, Range 21 W P.M.M., Flathead County, Montana; and, WHEREAS, the City has conditioned its' approval of the final plat Ashley Park Phase 8, upon the conditions as set forth in the Preliminary Plat of the Subdivision being 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 improvements is the sum of $ 754,906.87 of which a total of $ 450.811.48 , has been completed to date. NOW THEREFORE, in consideration of the approval of the final plat of said Subdivision by the City, the Developer hereby agrees as follows: 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 amout of of $ 380,119.24 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 $ 380,119.24 the estimated cost of completing the required improvements in Ashley Park - Phase 8 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 limited of credit Page 1 of 3 Pages stated in the letter; 2. That said required improvements shall be full completed by January 26th, 2007 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. 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 famish 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. Page 2 of 3 Pages Ashley Park - Phase 8 That this agreement shall inure to the benefit of and be binding upon any successors in interest, heirs, or assignees. 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 8 Somers Land Company 7777> By. �7 (Title) STATE OF MONTAINA, COUNTY OF FLATHEAD On this �2day of \:J: r,�;� . , 2006, before me, a Notary Public for the State of Montana, personally appeared , 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. (Sel• , ... :. Nll)T "es MAYOR, CITY OF KALISPELL In MAYOR otary Public for the State of Montana Residing at My Commission Expires 4L\ 9 '� Page 3 of 3 Pages ATTEST: CITY CLERK ASHLEY PARK 8 - EXHIBIT "B" I COMPLETED ITEM NO. UNITS I UNIT COST TOTAL COST I TO DATE ROAD CUT/FILL C.Y. 81699 $ 3.50 $ 30,446.89 $ 30,446,89 STABILIZATION FABRIC S.Y. 7,922 1.08 $ 8,556.00 $ 8,556.00 PIT RUN TONS 7,630 $ 10.80 $ 82,400.90 $ 82,400.90 3X' CRUSHED S.F. 70,969 $ 0.36 $ 25 548.73 $ 12,774.36 4" ASPHALT S.F. 60,768 $ 1.10 $ 66,844.80 $ CURB AND GUTTER L.F. 3 360 $ 9.50 $ 31 920.00 $ SIDEWALK S.F. 16,800 $ 3.90 $ 65,520.00 $ STREET SIGNS EACH 1 3 $ 200.00 $ 600.00 $ TOPSOIL S.Y. 2 613 $ 3.50 $ 9 145.50 $ BOULEVARD TREES I EACH 72 $ 250.00 $ 18,000.00 $ $ 330,982.81 $ 134,178.15 STORM WATER WeTFP CONNECT TO EXISTING L.S. 1 $ 1,425.00 $ 1,425.00 $ 1,425.00 8" WATER MAIN L.F. 1,672 $ 22.80 $ 38,121.60 $ 38,121.60 6" WATER MAIN L.F. 40 $ 19,75 $ 790.00 $ 790.00 SPECIAL BEDDING TONS 1,158 $ 15,30 $ 17,717.40 $ 17,717.40 8" GATE VALVES EACH 4 $ 985.00 $ 3,940.00 $ 3,940.00 6" GATE VALVES EACH 3 $ 680.00 $ 2,040.00 $ 2,040.00 FIRE HYDRANTS I EACH 1 3 $ 2,985.00 $ 8,955.00 $ 8 955.00 MISC 8" FITTINGS EACH 10 $ $ 5,850.00 $ 5,850.00 3/4" WATER SERVICE EACH 46 750.00 $ 750.00 $ 34,500.00 $ 34 500.00 is 113,339.00 1 $ 113,339.00 8' SEWER MAIN L.F. 1,568 $ 20.40 $ 31,987.20 $ 31,987.20 SPECIAL BEDDING TONS 984 $ 1L25 $ 11,070.00 $ 11,070.00 4' DIAMETER MANHOLES EACH 7 $ 1,400.00 $ 91800,00 $ 9,800.00 4" PVC SERVICES EACH 46 $ 650.00 $ 29,900.00 $ 29,900.00 GENERATOR EACH 1 $ 27,900.00 $ 27,900.00 $ 16,084.91 I .p i I.,..,- I 1 OF 3 UTILITIES COMMON UTILITY TRENCH L.F. 2,200 $ 4.20 $ 9,240.001 $ 9,240.00 2" CONDUIT L.F. 6,000 $ 3.20 $ 19,200.00 i $ 19,200.00 3" CONDUIT L.F. 5,300 $ 3.88 $ 20,564.00 $ 20,564.00 4" CONDUIT L.F. 1,800 $ 4.35 $ 7,830.00 $ 7,830.00 1 PHASE TRANSFORMER VAULT EACH 7 645.00 4,515.00 $ 4,515.00 3 PHASE TRANSFORMER VAULT EACH 2 $ 1,265.00 $ 2,530.00 $ 2,530.00 GAS ASSIST L.F. 2,200 $ 0,65 $ 1.430.00 $ 1.430.00 t $_ 65,309.00 j $ 65,309.00 CONSTRUCTION TOTAL $ 642,261.01 $ 425,641.26 PROFESSIONAL FEES AND UTILITY DEPOSITS CONSTRUCTION SURVEYING LUMP 2.00% $ 12,845.22 $ 12,845.22 $ 12,845.22 LEGAL SURVEYING/PLAT LOT 46 $ 150.00 $ 6,900.00 $ 6,9W.00 DEQ REVIEW FEES LUMP 1 $ 125.00 $ 125.00 $ 125.00 KALISPELL PLANNING PLAT FEES LUMP 1 $ 5,300.00 $ 6,300.00 $ 5,300.00 NORTHWESTERN GAS LUMP 1 $ 13,438.00 $ 13,438.00 $ CENTURYTEL DEPOSIT LUMP 1 $ 17,259.64 $ 17,269.64 $ FLATHEAD ELECTRIC LUMP 1 $ 56,778,00 $ 56 778.00 $ 1 $ 112,645.86 1 $ 25,170.22 CONTRACT TOTAL $ 754,906.87 $ 450,811.48 2OF3 ORIGINAL COST OF CONSTRUCTION $ 754,906.87 AMOUNT COMPLETED PRIOR TO BONDING $ 450,811.48 AMOUNT OF REMAINING WORK PRIOR TO BONDING $ 304,095.40 AMOUNT OF BOND (125% OF REMAINING WORK) $ 380,119.24 AMOUNT OF WORK COMPLETED TO DATE $ 450,811.48 PERCENTAGE OF WORK COMPLETED TO DATE 60% AMOUNT OF WORK REMAINING $ 304,095.40 ORIGINAL BOND AMOUNT $ 380,119.24 AMOUNT OF BOND TO BE RETAINDED (125% OF REMAINING WORK) $ 380,119.24 BOND AMOUNT TO BE RELEASED $ - AMOUNT PREVIOUSLY RELEASED $ AMOUNT TO BE RELEASED AT THIS TIME $ AS PROJECT ENGINEER FOR THE ASHLEY PARK PHASE VIII SUBDIVISION, 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: $ 450,811.48 THE TOTAL VALUE OF REMAINING WORK IS ESTIMATED TO BE: $ 304,095.40 SECURITY HELD AT 125% OF THE REMAINING COSTS SHOULD BE IN THE AMOUNT OF: $ 380,119.24 RODNEY K. SCHENCK, P.E. ALL WORK TO BE COMPLETED BY JANUARY 26, 2007 3OF3 VALLEY BANK -or KA3„IS=ELL. IJUebruary 2, -006 IRREVOCABLE LETTER OF CIIEDIIT NO. 1263 TO: The City 01'Kalisp0l A'I'I'N: 1'axn. Kennedy, Mayor MC?:hl: Valley blank.. of Kalispell 41 Third Street. West PO Box 48 Kalispell,, I.' 59903-0048 .RE: lrmvocable Standby Leger -of -Credit No. 12635 AMOUNT: $;180.119.00 EFFECTIVE DATE: February 2. 2006 E PRiATION: :'March 27, 2007 Dear Mayor Kenrkedy: We hereby establish a standby. Irrevocable Letter of Credit hi your favor for the suns not exceeding a total o.t'$380.1.19.00 for the account of fermis Carver, Somers Land Company., Inc. and Ashley Park, Phase: 8 Subdivision. The required improvements for which this letter applies arc enumerated as exhibit "A", attached, Drawn can the Letter of Credit shall be made by the: City of Kalispell upon its written statement signed by a City Commissioner and in. the folloxNing forrrt: R.E: Valley BaiLk. (if Kalispell. Irrevocable Standbv letter ot'Credit No. 1263 Dated February 2 ?006 The City cif Kalispell hereby drawn under said Letter of Credit No, 1263 in the asnount of $380.119.00. Said aniount is being drawn to pay for the cost of stated specific: improvements which were to be coinpleted as set for in the attached Development agreement dated February 2, 20t?� and si�necl by..t'ana Kennedy. Mayor. The City has given written notice to Dennis Carver. Soiners J.-,and Company.- Inc. of its failure to particular im.proveme;nt.s no 5o completed, a copy of which written notice is attached. Such draft and supporting docum..ents shall be presented at Valleys Bank of Kalispell. 41. Third Street West. Y.O. Sox 48, :Kalispell, Montana 59903-0048. P.O. BOX 4,9 - IC.3+LiS"V-LL. MT 59903-0048 40Ca-752-712Z . FAX 406-752-7320 W;VVV1VALLEYk3ANKMT.:10h1 M.FM%cft FAi. 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 8 Subdivision, as referred to, or (b) March 27, 2007, 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 (1.983 Revision) International Chamber of Commerce Document No. 400. Valley Bank of Kalispell Allan Aronson, Senior 'Mice President .ATTEST: RE: Dennis Carver, Somers Land Company, Inc. Phase 8 Subdivision Letter of Credit No. 1263 s 1..6 The foregoing Letter of Credit is hereby approved and accepted. Dated this day of 20 CITY OF KALISPELL BY: Pam Kennedy, Mayor VALLEY BANK OF KALISPELL.21.9.03 GOOSE BAY EQUIPMENT, INC. KALISPELL, MT59901.4"7 1995 THIRD AVENUE EAST 93-229/929 KALISPELL, MT 59901 PH: (406) 257-8240 0211412006 PAY TO THE MY OF KALISPSLL $ *********$833.00 ORDER OF EYArTLY FIGHT HUNDRED THIRTY-THREE DOLLARS DOLLARS CITY OF KALISPELL And PLANNING & ZONING PO BOX 1997 KALISPELL MT 59903-1997 f MEMO Menlo: CASH IN LIEU OF- PH 8 W102L90311' 1:0929022971. 34Low&&4!1' City of Kalispell Planning Department 17 - 20' Street East, Suite 21.1, Kalispell, Montana 59901 Telephone: (406) 751-1850 Fax: (406) 751-1858 Website: kalispellplanni.ng.com February 14, 2006 James H. Patrick, City Manager City of Kalispell P.O. Drawer 1997 Kalispell, MT 59901 Re: Final Plat for Ashley Park Phase VIII Dear Chris: This is a request for final plat approval of Ashley Park Phase VIII, a 46 lot residential subdivision with 26 single -fancily lots and 20 townhouse lots on approximately 10.81 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 an eight -phase development. Seven 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 V1I received final plat approval on July 6, 2004 thus this phase is well within the time frame for submittal. Approximately 60 percent of the improvements have been completed which includes the water, sewer, storm water drainage and street sub base work. 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 $380,119.24 is attached which addresses 125 percent of the remaining work to be completed. In addition, 2 cash -in -lieu of parkland checks in the amounts of $17,596 & $833.00 for a total of $19,429.00 have 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 CONDITIONS OF APPROVAL: Condition No.1 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 3/14/05 and 3/30/05 referencing project - EQ##05-2389. 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 4/22/05. 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 4/22/05. 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. • MDT has indicated that they do not need this excess 20 foot strip as part of the by-pass acquisition and construction. They have already purchased the BNRR Right of Way and will be purchasing additional R/W on the west side of this alignment. Titus, the 20 foot strip has been incorporated into the adjacent abutting lots along the Bypass R/W. 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 $18,429.00 (2 checks in the amounts of $17,596 & $833.00) has been included with the final plat application based on a value of $20,000 per acre. Condition No. 8 Placement of fire hydrants shall be approved by the City of Kalispell Fire Department. • This condition has been met. A letter from the Kalispell Acting Deputy Fire Marshal 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 eight (8) phases. This two-year period is based on approval of the Final Plat of Phase 1. 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 6, 2006 based on Phase VII approval on July 6, 2004. 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 was filed with Phase V for phases V — VIU. 'lie 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 Department regarding the street tree planting dated 2115106 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 R4 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 February 21, 2006 city council agenda if possible. You may call me at 751-1851 if I can be of assistance to you regarding this matter. Sincerely, 7-"T � C�A— Thomas R. Jentz, AICP Director TJ Attachments: 1 opaque Mylar of final plat 1 reproducible Mylar of final plat 1 blueline of final plat 11 x 17" copy of plat Letter from Carver Engineering dated 1/26/06 Final plat application dated 1/25/06 Letter from MDEQ dated 3/30/05 Letter from MDEQ dated 3/14/05 Letter from Kalispell Public Works dated 4/22/05 Letter from Fire Marshal 3/26/04 Letter from Parks and Rec dated 2/15/06 Engineers certification dated 1/26/05 Subdivision Improvements Agreement 1/26/06 Valley Bank letter of credit dated 2/2/06 Treasurer's certification dated 2/6/06 Check for cash in lieu of parkland $17,569 & $833 Title report # 7208926-1309 dated 9/6/06 Exhibit A — Flathead County Resolution of Approval dated 5/10/94 c: Somers Land Co., 1995 Third Ave. East, Kalispell MT 59901 Theresa White, Kalispell City Clerk CARVER ENGINEERING, INC. 1995 Third Avenue East Kalispell, MT 59901 (406) 257-6202 fax 756-1093 January 26, 2006 Tom Jentz City of Kalispell Planning Department 17 2nd Street East, Suite 211 Kalispell, MT. 59901 Re: Ashley Park, Phase 8 Dear Mr. Jentz: The following action has been taken on each item of the preliminary plat conditions of approval for the Ashley Park — Phase 8 subdivision: EXMBIT A Conditions, upon which pretiminar+y plat approval bas been grmted to Ashley Meadows Subdivision on this date of Nay 10, 1.994, are as followsa That the subdivision Main approval from the Monuma Department of Health and Environmental Sciences, Montana Department of Health approval has been received and is attached. 2. all water lines, sanitary seer, culverts, and swrm sewer li slswales shall be hilt wcorftS to ply and specificatiom approved by the City of Kalispell Public Works Deparwient. All water, sewer main extensions, and swrfn sewer lines1swates Ca private "erty shall to placed within suitable e"awnwnm and apprtaveA by the City of Kalispell Public Works went. All water, sanitary sewer, culverts and storm sewer lines have been approved by the City of Kalispell, and the KPWD approval letter is attached. Any required easements are shown on the plat. The construction of al]l saeM. curbs, gutters, and sidewaW shaU be done in cotwha= with CiLy of Kalispell standards and approvcd by the City of KafispeU PubPublk Worla Deparment. The City of Kalispell has approved plans for streets, curbs, gutters, and sidewalks, and the approval letter is attached. The construction of these items is about 43% complete and in compliance with the City standards. The remaining work is included in the bond amount and will be constructed to City standards. 4, A 20-foot marvel strip for right-of-way be maintained along the westerly berry in common wA the rail right-of-way for the future alternate highway 93 rowe. If the hi jbway is c�trn� prior to %I plat of phis 6 and 7, any not. need ..vr ri. -of way may be included imo 4oining Lots, so as To increase their depth. January 26, 2006 MOOT does not require the 20-foot strip for the for the 93 bypass. And as we discussed in our phone conversation, the strip has been included in the lots. 5. Prior to final plat of phase 2, installation of the northerly accm route through South Meadows is to Ix- cmVl d_ This item refers to Phase 2 of Ashley Park and is not affected by this Phase. b. Ali urili es sill he installed underground. All utilities are installed underground. One ninth of the cash -in -lieu payment is enclosed. Flacem t of fire hydra shall be approved by the City of Kalispell Fire Departnwm. Documemmon from the chief of the City of Kalispell Fire Department, which indite that the proposed hire suppression facilities are adequate, shall be omitted with the application for final pbt approval. The Fire Marshal's approval letter is attached. 9. 'lam pfelimikiary plat approval is valid for a period of two (2) ye=. The project is also approved in seven (7) phases. This two-year period is based on approval of final plat of phase 1 wig this two (2) ycm. Upon approval of each phase, ate additional two (2) years to receive final plat for the next phase is granted. A oue (1) year extension may be granted for each individual.. phase. If any phase expires, the remaining recorded phases also expire. This item refers to the phasing of the project and requires no action at this time. 10. The lots vwet fire City of Kalispell Zoning Regulations. The lots are in compliance with the R4 zoning requirements of the City of Kalispell. 1.1. Lot numbers, street addresses, and act acrea.9c for each lit shall be included on Ehe face of the final plat. Lot numbers, street addresses and net acreage for each lot are included on the face of the plat. 12. All streets shall be clearly signed in a per conforming to City of Kalispell standards. Street signs will be installed conforming to the City of Kalispell standards. Page 3 January 26, 2006 11 Prior to final plat of each phase, annexation shafl our. Annexation of Ashley Park — Phase 8 has occurred. 14. Street tree planting staff] becoordinated in partners -lip with the City of Ka Pell Darks Department. The developer agrees to "coordinate in partnership with the City of Kalispell Parks Department" regarding street tree planting. Sincerely, CARVER ENGINEERING, INC. L �Wv& �R� �� Montana Department of ENVIRONMENTAL QUALITY Judy Martz, Govemor 1.09 Cooperative Way - Suite 105 - Kalispell, MT 59901-2389 - (406) 755-8985 - FAx (406) 755-8977 Rod Schenck March 30, 2005 Carver Engineering, Inc. 1995 Third Ave East Kalispell, MT 59901 RE: Ashley Park W&S Phase Vila — Kalispell; EQ# 05.2389 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 March 23, 2005 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 405-444-3080 for more information. Sipce/r/ely,; L P ' r nviro en atat l Engineer Public Water ly Section Public Water Supply and Subdivisions Bureau cc: City of Kalispell, Public Works Department Flathead County Sanitarian File Centralized Services DiviS3nn - Enforcement Division - Permitting & Compliance Division - PI•anning, Preventi"n & Assistance Division - Remediation Division Montana Department of ENVIRONMENTAL QUALITY Brian Schweitzer, Governor P.O. Sox 200901 • Helena, MT 59620-0901 • (406) 444-2544 • www.deq.state.rnt.us March 14, 2005 Carver Engineering RodSchenck 1995 Third Ave East Kalispell MT 59901 Dear Mr Schenck: RL Ashley Park PL€rice VILIT. Municipal Facilities Exclusion EQ#05-2389 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 176-4-111 (3), MCA} . 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. Janet Skaarland Compliance Technician Subdivision Section Water Protection Bureau (406) 444-1801 --email jskaarland@mt.gov cc. .: City .Engineer County Sanitarian. file Enforcement Division • Permitting & Compliance Division • Planning, Prevention & .Assistance Division • Remediation Division City of Kalispell Public Works Department ;<<" Post Office Box 1997, Kaiispell, Montana 59903-1997 - Telephone (406)758-7720, Fax (406)758-7831 April 22, 2005 Carver Engineering, Inc. 19995 Third Avenue East Kalispell, Montana 59991 Attention; Rod Schenck RE: Ashley Park, Phase VIII Kalispell, Montana The construction plans and supporting documents for the referenced project are hereby approved with the following comment: All service saddles, corporation stops, curb stops, and service piping shall be 3/4". Our water regulations require the meter to be the same size as the water service. A 1" meter connection fee is $1,777 more than the connection fee for a 3/4" meter. 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. Sincerely, F Ankstles, P.E. Assistant City Engineer Attachment: As Stated KALISPELL FIRE DEPARTMENT Randy Brodehl - Fire Chief March 26, 2004 Garver Engineering, Inc. Attn: Rod Schenck 1995 Third Avenue East Kalispell, MT 59901 312 First Avenue East Kalispell, Montana 59901 (406) 758-7760 FAX: (406) 758-7952 Re: Ashley Park, Phase Vlll Subdivision Review (Fire Hydrants) Dear Mr. Schenck: I have reviewed the design information that was submitted on the above referenced project. Fire department access is acceptable. The fire hydrant locations are acceptable, with the exception of the hydrant located between Lots 32 and 33. We would prefer this hydrant be moved across the street, perhaps between Lots 7B and 8A. Feel free to contact me if you have any questions. Sincerely, VOJVA;�- F. Ray Rufatto Acting Deputy Fire Marshal Kalispell Fire Department "Assisting our community in reducing, preventing, and mitigating emergencies. " CARVER ENGINEERING, INC. 1995 Third Avenue East Kalispell, MT 59901 (406) 257-6202 fax 756-1093 January 26, 2006 City of Kalispell P.O. Box 1997 312 1 st Avenue East Kalispell, MT 59901 Re: Ashley Park, Phase 8 City of Kalispell Subdivision Improvement Agreement Carver Engineering has observed water, sewer, stormwater drainage and road construction completed to date on Ashley Park Phase 8, as described in EXHIBIT B. The work has been inspected and is in compliance with approved plans and specifications. Sincerely, CARVER ENGINEERING, INC. ••a * ©N Y ' .vno �"f " k . s Plat Room Flathead County, Montana 800 S. Main St. Kalispell, MT 59901 (406) 758-5510 This Form is for Subdivisions & Condominiums Only BANDS SURVEYING BY: rt s 4 4A'5' FOR: SOMERS LAND COMPANY DATE: 3f2105, RESUBMITTED 12/15/05 DFSCP; ASHLEY PARK PHASE VIII (TR 4 19-28-21) PURPOSE: PLAT I hereby certify that there are no outstanding taxes on the property assigned the assessor numbers listed abov or the years Indic ed for each assessor number.121- a" 3 S 3� Deputy Treasurer (seal) FEB 0 6 20 6z, of aligp ( Parks and Recreation FebruM 14, 2005 Garver Engineering, Inc Consulting Engineers Rod Schenck 1995 Third Ave E Kalispell, MT 59901 Re: Ashley Paris use Vitt Dear Rod Schenck, This letter is to serve as approval on the proposed landscaping plans submitted for Ashley Park Phase Vlll Subdivision. it is agreed that you will be responsible for bonding for landscaping improvements for 36 lots with a total of 72 boulevard trees of a 21W caliper (of an approved species from the Kalispell Parks department planting list) and approximately 7 foot boulevards with lineal feet of hydro -seeded or sodded boulevards as per the plan. It was agreed that the developers would plant the required boulevard trees to city standards. Bonding will cover 125% of the cost, The City contractor price per tree is $160 and planting is $110, boulevard prep and seeding is S.1tt per foot. Final approval will be given upon c,omplabon, inspection and approval of the landscaping and tree plantings, at which fitne bonding anrtrvr letter of credit would be released it 4 is in place. It should be noted that the trees and landscaping are under a 2 yearwarranty period and should they die within this time frame, the developer will to responsible for replacement_ Thank you for your cooperation and consideration far developing a quality subdivision project. If you have any questions or concerns, please give me a call. Sincerely, Michael Batter, director Kalispell Parks and Recreation Cc: Tom Jent , City Planning City of Kalispell Planning Department 17 - 2nd Street East, Suite 21.1, Kalispell, Montana 59901 Telephone: (406) 751-1850 Fax: (406) 751-1858 FINAL PLAT APPLICATION Project /Subdivision Name: Ashley Park Phase VIII Contact Person: Name: Rod Schenck Address: 1995 3rd Ave. E Kalispell, MT 59901 Phone No.: 257-6202 Date of Preliminary Plat Approval: Owner & Mailing Address: Dennis Carver (Somers Land Company) 1995 3rd Ave. E Kalispell, MT 59901 257-6202 Type of Subdivision: Residential X Industrial Commercial PUD Other Total Number of Lots in Subdivision 46 Land in Project (acres) 10.801 Parkland (acres) Cash -in -Lieu $ W,596 Exempt No. of Lots by Type: Single Family 26 Townhouse 20 Mobile Home Park Duplex Apartment Recreational Vehicle Park Commercial Industrial Planned Unit Development Condominium Multi -Family Other Legal Description of the Property FILING FEE ATTACHED $ 5,300 See attached EXHIBIT I Minor Subdivision with approved preliminary plat Major Subdivision with approved preliminary plat Subdivisions with Waiver of Preliminary Plat Subdivision Improvements Agreement $400 + $100/lot $650 + $100/lot $600 + $100/lot $ 50 1 Attached Not Applicable (MUST CHECK ONE x Health Department Certification (Original) x Title Report (Original, not more than 90 days old) x Tax Certification. (Property taxes must be paid) x Consent(s) to Plat (Originals and notarized) x Subdivision Improvements Agreement (Attach collateral) x Parkland Cash -in -Lieu (Check attached) x Maintenance Agreement x Plats: 1 opaque OR 2 mylars 1 mylar copy 1 signed blueline 4 bluelines 4 bluelines, unsigned I IX17 Copy 11X17 Copy **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 date of the preliminary plat. When all application materials are submitted to the Kalispell Planning Department, and the staff finds the application is complete, the staff will submit a report to the governing body. The governing body must act within 30 days of receipt of the revised preliminary plat application and staff report. Incomplete submittals will not be accepted and will not be forwarded to the governing body for approval. Changes to the approved preliminary plat may necessitate reconsideration by the planning board. I certify that all information submitted is true, accurate and complete. I understand that incomplete information will not be accepted and that false information will delay the application and may invalidate any approval. The signing of this application signifies approval for Kalispell 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 & Recorder requests that all subdivision final_plat applications be accompanied with a digital copy. Owner(s) Signature Date **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. Easements 4. Roads or rights -of -way 5. A tie to either an existing subdivision corner or a corner of the public land survey system 04 PRELIMINARY SUBDIVISION CERTIFICATE OF TITLE Policy No. 7208926- CHICAGO TITLE INSURANCE COMPANY To the County of Flathead and the City of K a l i s p e l l in Montana CHICAGO TITLE INSURANCE COMPANY, a corporation organized and existing under the laws of the State of Missouri, with its principal office in the City of Chicago, Illinois, and duty 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 9 t h day of January , 2 0 0 6 at 5 o'clock P.M., the title to the described real estate was indefeasibly vested in fee simple of record in: Somers Land Company, A Montana Corporation subject only to the objections, liens charges, encumbrances and other matters shown under Schedule B hereof. The maximum liability of the undersigned under this certificate is limited to the sum of $ 10 , 0 a 0 . 0 0 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 y: STERLING TITLE SZERVICFS 211 Si)ta'Ill jr S r et, ?CI. Box7' Kalispell, rvIT 5960 Phone: (40) ; ', 7" ,, Fax: N i p 27 Title) ,'.R. (Escrow) CHICAGO TITLE INSURANCE COMPANY ATTEST 1;�� Reorder Form No. 9113 (Reprinted 12100) Preliminary Subdivision Certificate of Title For Use In Montana SCHEDULE A Page 2 Certificate No.: 7208926-1309 Our File No.: CG-43672 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 (NW'/4SEV4) of Section 19, Township 28 North, Range 21 West, P.M.,M., Flathead County, Montana and more particularly described as follows: Commencing at the NW corner of the NW'/4SEI/4 of Section 19, Township 28 North, Range 21 West, P.M.,M., Flathead County, Montana; thence along the North boundary of said NWI/4SEI/4 North 88°39' 10" East, a distance of 150.52 feet to a point on the West boundary of the Plat of Ashley Park, Phase VI (records of Flathead County, Montana); thence along said West boundary South 01 °20' 50" East, a distance of 173.05 feet to a point on the Southerly right-of-way of a 66 foot road known as Teal Drive; thence along said right-of-way North 88039' 10" East, a distance of 34.16 feet to a point on the Westerly right-of-way of a 66 foot road known as Merganser Drive; thence along said Westerly right-of-way South 01°20'50" East, a distance of 83.50 feet to a point and the Southwesterly corner of said Plat; thence leaving said right-of-way and along the South boundary of said Plat North 88'39' 10" East, a distance of 453.32 feet to a point on the West boundary of the Plat of Ashley Park, Phase III (records of Flathead County, Montana); thence along said West boundary South 01 °21'29" East, a distance of 842.00 feet to a point on the Easterly right-of-way of said Merganser Drive, which is on the Westerly boundary of the Plat of Ashley Park, Phase VII (records of Flathead County, Montana); thence along said right-of-way and along said boundary North 36°44'47" West, a distance of 36.32 feet to a point; thence leaving said right-of-way South 53°15' 13" West, a distance of 186.00 feet to a point on the Easterly right-of-way of Burlington Northern Railroad; thence leaving said boundary and along said right-of-way North 36°44'47" West, a distance of 425.00 feet to a point and the P.C. of a 5399.14 foot radius curve, concave Southwesterly, having a central angle of 02°55'00"; thence along an are length of 274.85 feet to a point; thence North 39039'47" West, a distance of 103.97 feet to a point on the West boundary of said NW'/4SEI/4; thence leaving said right-of-way and along said West boundary North 001116'00" West, a distance of 528.89 feet to the Point of Beginning. TO BE KNOWN AS: ASHLEY PARK, PHASE VIII Page 3 Certificate No.: 7208926-1309 Our File No.: CG-43672 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 for the second half of the year 2005. 2. Property taxes, including any assessments collected with taxes, for the year 2006. 3. Reservations in Patents or the acts authorizing the issuance thereof. 4. 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. 5. Delinquent water and sewer charges of the City of Kalispell, if any. 6. Terms and provisions contained in Resolution. No. 678G, regarding a proposed change in zoning, filed July 22, 1994 as Document #9420309030, records of Flathead County, Montana. 7. Terms and provisions contained in Resolution No. 678E, regarding a proposed change in zoning, filed July 22, 1994 as Document #9420309040, records of Flathead County, Montana. 8. Terms and provisions contained in Resolution No. 4826, regarding a proposed change in zoning and annexation to the City of Kalispell, Montana, recorded August 26, 2003 as Document 9200323808001, records of Flathead County, Montana. 9. Utility easement certificate and notes regarding roadways and drainage/utility/access easements, as shown on the unrecorded plat of Ashley Park, Phase VIII. 10. Drainage/utility/access easement as shown on the unrecorded plat of Ashley Park, Phase VIE. 11. Ten foot gas utility easements as shown on the unrecorded plat of Ashley Park, Phase VM, 12. Eider Drive and Merganser Drive as shown on the unrecorded plat of Ashley Park, Phase VIII. 13. No search has been made for water rights and unpatented mining claims, and liability thereon is excluded from coverage of this Certificate. X00 V L A ll& 9. a 21 37 3 22 rA � SSTIWS" so 3E, 34 414 33 1 7t% 32 SAL, ajj 30 48G �e - TONE T A-; RESIJ13 BEGG PARK OP; SOLJTH MEADO 41 zw COVE. SOUTKMEADOWS.OR AM PLAT 8 IT 16`5 14 IS $2, Il mil J 5 J s :a .4 ej .5 6 A a L-1 Tom, DRWE T 29. 2.: L)5. 5 23 l 22 27 V uj-- ���25 2fr— AR A 28 OB 24, Lu 6 9 "efi�?9 4- 25 is I z7 2-4 n 2C 'j 30 261, 0ro8 25 —j 29 to 11ARL�OUJAUCRIC 17 0 ti is 15 16 17 is 15 14 �3 14 1z ' 12 13 14 IV16 16 1.7 20 '6 17 Is le 20 V. 13 21 On 22 I i is IC W 26 2-1 1— 19 12 Q) 2216. 23 SUBD - -31-1 �;- M. '31 28 M �70 1' 2-1 14 NO 0 zs .2% 25 1 8 Lu Z 33 -;— m X: MERG WSErF DRWE < aka ,nm MIT J I j5w— J gd J<.Ml 2E-AD 2EAA- 2EAC 2EAF 2F 1 2FA 2F67 2 45CAITMS SKETCHiS 4 iNF011"I'MATION PU Pino'34 TOASSESTJN • , i PROPERTY LOCH -PQ!'k-'Qj ';`�'-H REFERENCE TO 'ARCELS). NO TS AN! D 0 H P Ti' DE AS TO ACCURACY -- ----- --- i S N'i A Q TF , 11 1 1 i i %��jl m -7-7- ..... .... .... AINDRD L-_ VICES ASSUME L 1 , -U AN", -OR 1' LJSS OCCURRING BY 0 LIALh I 48B \ 5 451 4 . i3ARDIENWAY Conditions, upon which preliminary plat approval has been granted to Ashley Meadows Subdivision on this date of May 10, 1994, are as follows: 1. That the subdivision obtain approval from the Montana Department of Health and Environmental Sciences. 2. all water fines, 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 linesfswales on private property shall be placed withinn suitable easements and approved by the City of Kalispell Public Works Department 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. 4. A 20-foot reserved strip for right-of-way be maintained along the westerly boundary in common with the nail right-of-way for the future alternate highway 93 route. If the highway is constructed prior to dal plat of phases 6 and 7, any remainder not used for right-of-way may be included into adjoining lets, so as to increase their depth. . Prior to final plat of phase 2, installation of the northerly access route through South Meadows is to be completed. 6. All utilities shall be installed underground. 7. The owner shall pay a cash -in -lieu of park land payment equal to 1l9th of the undeveloped market value of that portion of the site proposed for final plat. 8. 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 (2) years. The project is also approved in seven (7) phases. This two --year period is based on approval of final plat of phase I 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. 10. The lots meet 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. 12. All streets shall be clearly signed in a manner conforming to City of Kalispell standards. Conditions of Preliminary Plat/Ashley Meadows Subdivision Page 2 13. Prior to final plat of each phase, annexation shall occur. 14. Street tree planting shall be coordinated in partnership with the City of Kalispell Parks Department. BOARD OF COMMISSIONERS FLATHEAD COUNTY, MONTANA William R. 14Mstrom, Chainnan )--, [A,, � 1""') L Howard W. Gipe, Member Sharon L. Stratton, Member ASHGEY PARK, PHASE V//iVff AV THE A/Wf/4MY4 SEC 19, T.tBM, R W ,PA�.A4. s.sss 2Toi 2sse a.: Saco %a taw r gel ��C9 � �' ..�.�• m. m w.m bit 13 N yova AN SWEET I OF /