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Staff Report/Final PlatFlathead Regional Development Office 723 5th Avenue East - Room 414 Kalispell, Montana 59901 Phone: (406) 758-5980 Fax: (406) 758-5781 July 17, 2002 Chris Kukulski, City Manager City of Kalispell P.O. Drawer 1997 Kalispell, MT 59901 Re: Final Plat for Ashley Park Phase IV Dear Chris: This is a request for final plat approval of Ashley Park Phase IV, a residential subdivision with 24 single family lots and 26 townhouse lots on approximately 10.46 acres located on the west side of Airport Road and south of Teal Drive. A request for annexation and a zoning assignment of R-4, Two Family Residential, has been filed concurrently with the final plat and will be considered as a separate matter prior to consideration of the final plat. Preliminary plat approval for this subdivision was granted by the Board of County Commissioners on May 10, 1994 as a seven phase development. Three phases have previously been developed, annexed and final platted. One of the terms of preliminary plat approval is that each phase be annexed into the city prior to final plat approval. Also as each final plat is approved, an automatic two year extension of the preliminary plat approval is granted. Three additional phases of Ashley Park subdivision is undeveloped and within the County jurisdiction. City staff has discussed annexation of these subsequent phases in light of recent changes to assessment calculations. . Approximately 64 percent of the improvements have been completed which includes the water, sewer and stormwater 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 of 125 percent of the remaining work has been submitted as collateral for the improvements to be completed COMPLIANCE WITH CONDITIONS OF APPROVAL: Condition No. 1 That the subdivision obtain approval from the State Department of Health and Environmental Sciences. • This condition has been met. The subdivision has been approved by the State Department of Environmental Quality under the Master Plan Exemption for areas served by municipal water and sewer. See letter dated March 29, 2002 from DEQ. Providing Community Planning Assistance To: • Flathead County • City of Columbia Falls • City of Kalispell • City of Whitefish • Final Plat for Ashley Park Phase IV July 17, 2002 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. Kalispell Public Works Department dated June of these improvements are included as part agreement. See the letters of approval from the 11, 2002 and June 10, 2002. Some of the subdivision improvements Condition No. 3 The construction of all streets, curb, gutter, sidewalks and street tree planting shall be done in compliance with City of Kalispell standards and approved by the City Public Works Department. This condition has been adequately addressed. See the letters of approval from the Kalispell Public Works Department dated June 11, 2002 and June 10, 2002. 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 rail ROW for the future Alternate Highway 93 route. If the highway is constructed prior to final plat of Phases 6 and 7 any remainder not used for ROW may be included into the adjoining lots, so as to increase their depth. • This condition is not applicable to phase IV 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 $6,426.67 has been included with the final plat application based on a value of $7,500. per acre. Final Plat for Ashley Park Phase IV July 17, 2002 Page 3 Condition No. 8 Placement of fire hydrants shall be approved by the City of Kalispell Fire Department. • This condition has been met. The general layout plans for the location of the hydrants has been reviewed and approved by the Kalispell Fire Marshal, Jim Stewart. 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 was granted an extension until September 30, 2002 to allow the developer adequate time to complete the annexation and final plat process. 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 and sublot requirements for townhouses. Condition No. 11 Lot numbers, street addresses, and net acreage for each lot shall be included on the face of the final plat. • This condition has been met. Required notes have been placed on the face of the final plat. Condition No. 12 All streets shall be clearly signed in a manner conforming to City standards. • This condition has been addressed. The subdivision improvements agreement includes street signs. Condition No. 13 Prior to final plat of each phase, a petition to annex for that phase shall be presented to the City of Kalispell. (Amended 6/22/94 by the Board of County Commissioners.) • This condition has been met. A petition for annexation has been filed and the annexation request is being processed by the staff concurrent with this final plat application. Condition No. 14 Street tree planting shall be coordinated in partnership with the City of Kalispell Parks Department. Final Plat for Ashley Park Phase IV July 17, 2002 Page 4 This condition has been addressed. The developer has application that he would coordinate in partnership with Department regarding the street tree planting. However, been made. COMPLIANCE WITH APPROVED PRELIMINARY PLAT stated in his letter of final the City of Kalispell Parks no binding agreement has 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 next possible. You may call me at 751-1852 if I can be of assistance to you regarding this matter. Sincerely, 7w, - / 4' Narda A. Wilson Senior Planner NW/ Attachments: 1 opaque mylar of final plat 1 reproducible mylar of final plat 1 blueline of final plat Letter from Sand Surveying dated 7/ 10/02 Final plat application dated 7 / 10 / 02 Letter from MDEQ dated 3/29/02 Letter from Env Health Svc dated 4/ 10/02 Letter from Kalispell Public Works dated 6 / 11 / 02 Letter from Kalispell Public Works dated 6/ 10/02 Final Plat for Ashley Park Phase IV July 17, 2002 Page 5 Letter from fire marshal 4 / 11 / 02 Subdivision Improvements Agreement (no date) Valley Bank letter of credit dated 7/ 12/02 Title report from Sterling Title dated 4/29/02 Consent to plat dated 6/20/02 Board of Commissioners dated 7/2/02 Treasurers certification dated 6/ 19/02 Vicinity map Check for cash in lieu of parkland $3901.17 Check for cash in lieu of parkland $2,525.50 c: Somers Land Co., 1995 Third Ave. East, Kalispell, MT 59901 Theresa White, Kalispell City Clerk H: \... \KFP02-4 SANDS SURVEYING, INC. 2 Village Loop Kalispell, MT 59901 406-755-6481 Fax 406-755-6488 July 10, 2002 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 4 Subdivision. I have listed the Conditions of Approval, and then subsequently addressed how each Condition was met. Ashley Park Phase 4 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 lines/swales shall be built according to plans and specifications approved by the City of Kalispell Public Works Department. All water, sewer main extensions and storm sewer lines/swales on private property shall be placed within suitable easements and approved by the City of Kalispell Public Works Department. Attached is a letter from the City of Kalispell Public Works Department approving all of 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. This is not applicable for Phase 4. 5. Prior to final plat of phase 2, installation of the northerly access route through South Meadows is to be completed. This is not applicable for Phase 4. 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 1/9th of the undeveloped market value of that portion of the site proposed for final plat. Attached please find a check for the cash -in -lieu parkland payment. 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. 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 may be 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. 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 was approved by the Kalispell Planning Board July 9, 2002. Final approval is expected by the City Council at the upcoming meeting. 14. Street tree planting shall be coordinated in partnership with the City of Kalispell Parks Department. The developer will be working with the City of Kalispell Parks Department for the street tree planting portion of the project. Thank you for your kind consideration of this application. If you should have any further questions or concerns, please do not hesitate to call. incerely, dca Wirtala Tri-City Planning Office 17 Second St East, Suite 211 Kalispell, MT 59901 Phone: (406) 751-1850 Fax: (406) 751-1858 FINAL PLAT APPLICATION Project Name: 46h )eq PQKk— Pha5c- IV Contact Person: Name: I n m SGt d 5 1 -1;and5 Survey! ng Address: 2 Vi l I a a Lo D,0 1-(cc I i S��il m r 599D1 Phone No.: �J�S Lo `T P i Date of Preliminary Plat Approval: Owner & Mailing Address: 6 timers kana, i�1�i5 32D Ave, E I�:i i 5 pT 11,, N17" 59�01 Dtnn i5 ,('v'VL' ✓ Type of Subdivision: Residential ✓ Industrial Commercial PUD Other No. of Lots Proposed D Parkland (acres) Land in Project (ac.) %©• '155 Cash -in -Lieu $ Exempt FILLING FEE ATTACHED $ Minor Subdivision with approved preliminary plat $300 + $25/lot Major Subdivision with approved preliminary plat $500 + $25/lot Subdivisions with Waiver of Preliminary Plat $450 + $25/lot Subdivision Improvements Agreement $ 50 Not Attached Applicable (MUST CHECK ONE) V/ Health Department Certification (Original) V Title Report (Original, not more than 90 days old) Tax Certification (Property taxes must be paid)l) �— Consent(s) to Plat (Originals and notarized) �— Subdivision Improvements Agreement (Attach collateral) �— Parkland Cash -in -Lieu (Check attached) Maintenance Agreement Plats: 1 opaque OR 2 Mylars 1 Mylar copy 1 signed blueline 4 bluelines 4 bluelines, unsigned The plat must be signed by all owners of record, the surveyor and examining land surveyor. Attach a letter, which lists each condition of preliminary plat approval, and individually state how each condition has specifically been met. In cases where documentation is required, such as an engineer's certification, State Department of Health 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 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 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 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 & Recorder requests that all subdivision final plat applications be accompanied with a digital copy. kd- Owner(s) Si ature 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 S. A tie to either an existing subdivision corner or a corner of the public land survey system As approved by the TCPB on 12/ 19/01 Effective 1 / 1 / 02 2 Montana Department of r-AN%M®NMENTAL QUA= Judy Martz, Governor P.O. Box 200901 • Helena, MT 59620-0901 • (406) 444-2544 • www.deq.state.mt.us March 29, 2002 Carver Engineering Inc Tom Cowan PE 1995 Third Ave East Kalispell MT 59901 Dear Mr Cowan: RE: Ashley nark PLase iV Municipal Facilities Exclusion EQ#02-2167 City of Kalispell Flathead County This is to certify that the information and fees received by the Department of Environmental Quality relating to this subdivision are in compliance with 76-4-127, MCA and ARM 17.36.602. Under 76-4-124, MCA, this subdivision is not subject to review, and the plat can be filed with the county clerk and recorder. Plans and specifications must be submitted when extensions of municipal facilities for the supply of water or disposal of sewage are proposed 176-4-111 (3), MCA}. Construction of water or sewer extensions prior to approval is prohibited, and is subject to penalty as prescribed in Title 75, Chapter 6 and Title 76, Chapter 4. This file has been given to the Water Protection Bureau for their review. Sincerely, let Skaarland Compliance Specialist Subdivision Section Water Protection Bureau (406) 444-1801 — email jskaarland@state.mt.us cc: City Engineer, County Sanitarian file Centralized Services Division • Enforcement Division • Permitting & Compliance Division • Planning, Prevention & Assistance Division • Remediation Division City of Kalispell Post Office Sm 1997 - RallspeU. Montana 59903-1997 - Tdepboa (408)758.7700 Fynd4OWW7758 June 11, 2002 Dick Montgomery, P.E. Environmental Health Services Flathead City -County Health Department 723 Fifth Avenue East Kalispell, Mt. 59901 Re: Ashley Park, Phase IV Dear Dick: This letter is to confirm that The City of Kalispell has reviewed and approved the 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. Respe7d-em�ian, Le P. . Assistant City Engineer Copy To: Kevin Malloy Carver Engineering, Inc. City of Kalispell Poet Office Box 1997 — SahspelL Mestoaa 59903-1997 —Tdephane (406)758-7700 1^u04061758-7758 June 10, 2002 Kevin Malloy Carver Engineering, Inc. 1995 Third Avenue East Kalispell, Mt. 59901 Re: Ashley Park, Phase IV Dear Kevin: The Plans and supporting documents for the referenced project have been reviewed and are hereby approved. Attached is your copy of the letter of approval sent to the Flathead City -County Health Department. We look forward to working with you on this project. Respectfully, chard Amerman, P.E. Assistant City Engineer Attachment: As Stated Environmental Health Services 723 5th Avenue East Kalispell, MT 59901 (406) 758-5760 Fax: 758-5859 Wednesday, April 10, 2002 Kevin Malloy Carver Engineering, Inc. 1995 Third Ave. E. Kalispell, MT 59901 Re: Ashley Park, Phase IV, water & sewer main extensions, Proj. # FH-02-02 Dear Kevin: Administration 758-5828 FAX 758-5858 Community Health Services 758-5741 FAX 758-5856 Reproductive Health Services 758-5756 FAX 758-5926 Home Health Services 862-9030 FAX 862-9025 WIC Services 758-5752 The design report, plans, specifications, certified checklists and required documents for the above referenced project have been reviewed by this office and are satisfactory. Approval to proceed with the project is hereby given. One set of the approved plans and specifications is enclosed. This project includes installation of water & sewer main extensions as shown on plans prepared by Carver Engineering and received by this office on 4/10/02. The plans were submitted under the seal and stamp of Dennis F. Carver, P.E. #3577. Approval is given with the understanding that any deviation from the approved plans and specifications will be submitted to the department for review and approval. Prior to commencing use of any portion of a new public system, the owner or his engineer, shall certify by letter to the Department that the portion of the system to be put into use was built in accordance with approved plans and specifications. As -built drawings for the portion of the system put into use must be provided to the Department within 90 days after the date of initial use. Within 90 days after the entire project has been completed, the project engineer shall certify to the Department that the project was inspected and found to be installed in accordance with the plans and specifications approved by the Department. This certification shall be accompanied by a set of reco- d as built drawings of the entire project, signed by the project engineer. It is the mission of the Flathead City -County Health Department to assure the conditions in which people can be healthy through collaboration, promoting stewardship of our resources, and providing preventive health services to our community. It is further understood that construction will be completed within three years following the date of approval. If more than three years elapse before completing construction, plans and specifications must be resubmitted and approved before construction begins or resumes. This three year expiration period does not extend any compliance schedule requirements associated with a Department enforcement action against a public water or sewage system. Please contact this office if you have any questions. Sincerely, Richard T. Montgom Environmental Engineer copies to: Water Quality Division - Kalispell City of Kalispell Kalispell Fire/Ambulance Dept. 312 1 St Ave East -P.O. Box 1997 Telephone 406-758-7763 Kalispell, MT 59903 -1997 Fax 406-758-7952 April 11, 2002 Carver Engineering, Inc. Attn: Kevin J. Malloy 1995 Third Avenue East Kalispell, MT 59901 Re: Ashley Park, Phase N Subdivision Review (Fire Hydrants) Dear Kevin, We have reviewed the design information that was submitted on the -above referenced project. The fire hydrant locations are acceptable to this department. Feel free to contact me if you have any questions. Sincerely, � -1� ��"& C"_'c Jim Stewart Assistant Chief/Fire Marshal Kalispell Fire Department "Assisting The Community In Reducing And Preventing Emergencies" SUBDIVISION IMPROVEMENT AGREEMENT THIS AGREEMENT, made and entered into this day of , 2002, by and between CITY COUNCIL, CITY OF KALISPELL, MONTANA, Party of the First Part and hereinafter referred to as the CITY, and SOMERS LAND COMPANY, a corporation located at 1995 Third Avenue East, Kalispell, Montana 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 IV, located in Kalispell, Montana in the NE 1/4, SE 1/4 of Section 19, Township 28N, Range 21 W, Flathead County, Montana; and, WHEREAS, the City has conditioned it's approval of the final plat of Ashley Park, Phase IV, upon the conditions as set forth in the Preliminary Plat of the Subdivision being completed and all improvements, as cited in "Exhibit A", have not been completed at this time, and the Developer wishes to bond for the completion of those improvements set forth in "Exhibit A"; and, WHEREAS, the City's Subdivision Regulations require that a subdivider shall provide a financial security of 125% of the estimated total cost of construction of said improvements as evidenced by an estimate prepared by a licensed professional engineer included herewith as "Exhibit B"; and, WHEREAS, the estimated total cost of construction of said remaining improvements is the sum of $ 195,164.56 . NOW THEREFORE, in consideration of the approval of the final plat of said Subdivision by the City, the Developer hereby agrees as follows: 1. The Developer shall deposit as collateral with the City a Letter of Credit, or other acceptable collateral as determined by the City Council, in the amount of $ 243,955.70 . 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 $ 243,955.70 , which represents 125% of the estimated cost of completing the required improvements in Ashley Park, Phase IV. b. That if the Developer fails to complete the specified improvements within the required period, the creditor will pay to the City immediately, and without further action, such funds as are necessary to finance the completion of those improvements up to the limit of credit stated in the Letter of Credit; 2. That said required improvements shall be fully completed by October 15, 2002 . Page 1 3. That upon completion of the required improvements, the Developer shall cause to be filed with the City a statement certifying that: a. All required improvements are complete; b. That the improvements are in compliance with the minimum standards specified by the City for their construction and that the Developer warrants said improvements against any and all defects for a period of one (1) year from the date of acceptance of the completion of those improvements by the City; C. That the Developer knows of no defects in those improvements; d. That these improvements are free and clear of any encumbrances or liens; e. That a schedule of actual construction costs has been filed with the City; and, f. All applicable fees and surcharges have been paid. 4. The Developer shall cause to be filed with the City copies of final plans, profiles, grades and specifications of said improvements, with the certification, of the registered professional engineer responsible for their preparation, that all required improvements have been installed in conformance with said plans and specifications. IT IS ALSO AGREED BY AND BETWEEN THE PARTIES HERETO AS FOLLOWS, TO WIT: That the Developer shall provide for inspection of all required improvements by a registered professional engineer before the Developer shall be released from the Subdivision Improvement Agreement. That if the City determines that any improvements are not constructed in compliance with the plans and specifications, it shall furnish the Developer with a list of specific deficiencies and may withhold collateral sufficient to insure such compliance. If the City determines that the Developer will not construct any or all of the improvements in accordance with the plans and specifications, or within the required time limit(s), it may withdraw the collateral and employ such funds as may be necessary to construct the improvement(s) in accordance with the plans and specifications. The unused portions of the collateral shall be returned to the Developer or the crediting institution, as is appropriate. That as improvements are completed, the Developer may apply to the City for a release of part of the collateral deposited with the City. The proportion of the collateral released may not exceed the proportion which the improvements completed represent of all originally required improvements; otherwise, said Letter of Credit may not be withdrawn until released by the City. That this agreement shall inure to the benefit of and be binding upon any successors in interest, heirs, or assignees. Page 2 IN WITNESS WHEREOF, the Parties to this agreement have hereunder set their hands and seals the day and year herein before written. ASHLEY PARK, PHASE IV SOMERS LAND COMPANY By: Ele � s.�� OF-- — (Title) STATE OF MONTANA, COUNTY OF FLATHEAD On this 10 f day of �l` L: 2002, before me, a Notary Public for the State of Montana, personally appeared iin i 5 L g-- 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-p \ & NOTARY PUEULIC-MONTA A.. (Seal � r'* RcsiwingW,Kvispeg,i+� mtt %�y ccmmEx Notary Public for the. State of Montana Residing at K4 L-, i P e LL My Commission Expires 03 A 116 2rx,-3 This agreement is hereby approved and accepted by the City of Kalispell this day of .2002. MAYOR, CITY OF KALISPELL ATTEST: By: By: Mayor Finance Director Page 3 EXHIBIT "B" CERTIFICATION OF WORK TO BE COMPLETED ASHLEY PARK, PHASE IV SUBDIVISION ROADS Item No. Description Unit Measure Estimated Quantity 101 Unclassified Excavation C.Y. 6,035 102 Stabilization Fabric S.Y. 7,871 103 Select Sub -Base, 3" - Pit Run Gravel C.Y. 4,418 104 Crushed Base, 3/4" Crushed Gravel S.F. 72,636 105 Hot Plant Mix Asphalt 4" - Two Lifts S.F. 65,718 106 Curb and Gutter L.F. 3,550 107 Sidewalk 5' Wide w/ Prepared Base S.F. 17,900 SUBTOTAL ITEMS 101 -107 WATER SYSTEM COMPLETED TO DATE July 11, 2002 QUANTITY I TOTAL COST Unit Price I Total Price $ 1.60 1 $ 9,656.1 0.27 $ 19,611.72 0 1 $0.00 0.88 $ 57,831.84 0 $0.00 7.25 $ 25,737.50 0 $0.00 2.90 $ 51,910.00 0 $0.00 $ 210,805.86 $ 55,714.80 Item No. Description Unit Measure Estimated Quantity Unit Price Total Price QUANTITY COMPLETED TOTAL COST COMPLETED 201 8" PVC Water Main L.F. 1,995 $ 20.00 $ 39,900.00 1,995 $ 39,900.00 202 8" Gate Valves and Boxes EACH 7 $ 825.00 $ 5,775.00 7 $ 5,775.00 203 Fire Hydrant w/ Aux. Valves EACH 6 $ 2,425.00 $ 14,550.00 6 $ 14,550.00 204 Tees & Misc. Fittings EACH 14 $ 300.00 $ 4,200.00 14 $ 4,200.00 205 11" Water Services EACH 50 $ 550.00 $ 27,500.00 50 $ 27,500.00 SUBTOTAL ITEMS 201 - 205 i $ 91,925.00 $ 91,925.00 SEWER SYSTEM Item No. Description Unit Measure Estimated Quantity Unit Price Total Price QUANTITY COMPLETED TOTAL COST COMPLETED 301 8" PVC Sewer Main L.F. 594 $ 16.00 $ 9,504.00 594 $ 9,504.00 302 12" PVC Sewer Main L.F. 1,268 $ 20.00 $ 25,360.00 1,268 $ 25,360.00 303 4' Diameter Manhole w/ Ring & Cover EACH 8 $ 1,000.00 $ 8,000.00 8 $ 8,000.00 304 4" Sewer Services EACH 50 $ 500.00 $ 25,000.00 50 $ 25,000.00 SUBTOTAL ITEMS 301 - 304 1 1 1 $ 67,864.00 1 $ 67,864.00 STORMWATER DRAINAGE Item No. Description Unit Measure Estimated Quantity Unit Price Total Price QUANTITY COMPLETED TOTAL COST COMPLETED 401 10" PVC Storm Drain L.F. 741 $ 12.00 $ 8,892.00 741 $ 8,892.00 402 Catch Basins w/ Frames & Grates EACH 3 $ 450.00 $ 1,350.00 3 $ 1,350.00 SUBTOTAL ITEMS 401 - 402 $ 10,242.00 $ 10,242.00 MISCELLANEOUS WORK Item No. Description Unit Measure Estimated Quantity Unit Price Total Price QUANTITY COMPLETED TOTAL COST COMPLETED 501 Topsoil S.Y. 3,000 $ 2.25 $ 6,750.00 0 $0.00 502 H droseed S.F. 40,000 $ 0.05 $ 2,000.00 0 $0.00 503 Street Signs EACH 3 $ 200.00 $ 600.00 0 $0.00 SUBTOTAL ITEMS 501 - 503 $ 9,350.00 $0.00 EXHIBIT "B" ASHLEY PARK, PHASE IV JULY 11, 2002 1 OF 2 PAGES UTILITIES Item No. Description Unit Measure Estimated Quantity Unit Price 601 Utility Trench L.F. 2,500 $ 3.00 602 Furnish/Install 2" Conduit L.F. 5,300 $ 0.90 603 Furnish/Install 3" Conduit L.F. 2,900 $ 1.60 604 Furnish/Install 4" Conduit L.F. 2,700 $ 2.05 605 Single Phase Transformer Vault EACH 6 $ 500.00 606 3 Phase Transformer Vault EACH 2 $ 1,100.00 607 Street Lights EACH 7 $ 1,300.00 SUBTOTAL ITEMS 601 - 607 COMPLETED TO DATE July 11, 2002 QUANTITY I TOTAL COST Total Price II COMPLETED I COMPLETED ENGINEERING, SURVEYING, UTILITY COMPANIES - PERMITS, FEES 745.00 770.00 .00 Item No. Description Unit Measure Estimated Quantity Unit Price Total Price QUANTITY COMPLETED TOTAL COST COMPLETED 701 Telephone Utility Centu el LUMP SUM 1 $ 17,300.00 $ 17,300.00 100% $ 17,300.00 702 Electrical Power Flathead Electric Co-op) LUMP SUM 1 $ 36,000.00 $ 36,000.00 100% $ 36,000.00 703 MDEQ Review Fee LOT 50 $ 100.00 $ 5,000.00 100% $ 100.00 704 FRDO Final Plat Fee LUMP SUM 1 $ 625.00 $ 625.00 100% $ 625.00 705 Engineering, Design LUMPSUMI 1 $ 25,663.00 $ 25,663.00 100% $ 25,663.00 706 Engineering, Construction LUMP SUM 1 $ 8,554.00 $ 8,554.00 50% $ 4,277.00 707 Surveying, Construction LUMP SUM 1 $ 10,693.00 $ 10,693.00 50% $ 5,346.50 708 Surveying, Legal LOT 50 $ 100.00 $ 5,000.00 100% $ 100.00 SUBTOTAL ITEMS 701 - 708 $ 108,835.00 $ 89,411.50 TOTAL PROJECT BUDGET ORIGINAL TOTAL ESTIMATED COST OF CONSTRUCTION AMOUNT COMPLETED PRIOR TO BONDING AMOUNT OF REMAINING WORK AMOUNT OF BOND (125% OF REMAINING WORK) AMOUNT OF WORK COMPLETED TO DATE PERCENTAGE OF WORK COMPLETED TO DATE AMOUNT OF WORK REMAINING ORIGINAL BOND AMOUNT AMOUNT OF BOND TO BE RETAINED (125% OF REMAINING WORK) BOND AMOUNT TO BE RELEASED AMOUNT PREVIOUSLY RELEASED AMOUNT TO BE RELEASED AT THIS TIME $ 535,766.86 $ 340,602.30 $ 535,766.86 $ 340,602.30 $ 195,164.56 $ 243,955.70 $ 340,602.30 64% $ 195,164.56 $ 243,955.70 $ 243,955.70 $ AS ENGINEER OF RECORD FOR ASHLEY PARK, PHASE IV, I CERTIFY THAT THE WORK LISTED HEREIN IS CORRECT. IN ADDITION, I CERTIFY THAT THE ASSOCIATED COSTS ARE REASONABLY ACCURATE ESTIMATES OF THE RESPECTIVE COSTS OF THE WORK. THE VALUE OF CONSTRUCTION AND OTHER WORK COMPLETED TO DATE IS ESTIMATED TO BE: $ 340,602.30 THE TOTAL VALUE OF THE REMAINING WORK, SERVICES AND FEES IS ESTIMATED TO BE: $ 195,164.56 SECURITY HELD AT 125% OF THE REMAINING COSTS SHOULD BE IN THE AMOUNT OF: $ 243,955.70 THEREFORE, IT IS IN ACCORDANCE WITH THE SUBDIVISION IMPROVEMENTS AGREEMENT TO REDUCE THE TOTAL AMOUNT OF THE SECURITY HELD BY: $0.00 DENNIS F.tARVE14,1i.t. *ALL IMPROVEMENTS SHALL BE COMPLETED BY OCTOBER 15, 2002 EXHIBIT "B" ASHLEY PARK, PHASE IV JULY 11, 2002 2 OF 2 PAGES VALLEY B A N K OF KALISPELL �Vguly 12, 2002 IRREVOCABLE LETTER OF CREDIT NO. 1225 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. 1225 AMOUNT: $243,955.70 EFFECTIVE DATE: July 12, 2002 EXPRIATION: December 16, 2002 Dear Mayor Kennedy: We hereby establish a standby Irrevocable Letter of Credit in your favor for the sum not exceeding a total of $243,955.70 for the account of Dennis Carver, Somers Land Company, Inc. and Ashley Park, Phase IV 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. 1225 Dated July 12, 2002 The City of Kalispell hereby drawn under said Letter of Credit No. 1225 in the amount of $243,955.70. 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 July 12, 2002 and signed by Pam Kennedy, Mayor. The City as given written notice to Dennis Carver, Somers Land Company, Inc. of its failure to particular improvements no so completed,,a copy of which written notice is attached. Such draft and supporting documents shall be presented at Valley Bank of Kalispell, 41 Third Street West, P.O. Box 48, Kalispell, Montana 59903-0048. P.O. BOX 48 • KALISPELL-, MT 59903-0048 406-752-7123 • FAX 406-752-7320 • WWW.VALLEYBANKMT.COM MEMBER FDIC This Letter of Credit shall terminate and expire either (a) upon the delivery to the bank of the written certificate by the City of Kalispell stating that Dennis Carver, Somers Land Company, Inc. has satisfactorily completed the improvements for said Phase IV Subdivision, as referred to, or (b) Decemberl6, 2002, 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 1 Allan Aronson, Senior Vice President ATTEST: r Christina Marie Mauroni RE: Dennis Carver, Somers Land Company, Inc. Phase Four Subdivision Letter of Credit No. 1225 APPROVAL The foregoing Letter of Credit is hereby approved and accepted. Dated this day of July 2002. CITY OF KALISPELL Pam Kennedy, Mayor PRELIMINARY SUBDIVISION CERTIFICATE OF TITLE Policy No. 7208926- 11 1 1 CHICAGO TITLE INSURANCE COMPANY To the County of Flathead and the City of Kal i spel 1 in Montana CHICAGO TITLE INSURANCE COMPANY, a corporation organized and existing under the laws of the State of Missouri, with its principal office in the City of Chicago, Illinois, and duly authorized to insure titles in Montana hereby certifies that from its examination of these public records which impart constructive notice of matters affecting the title to the real estate described in Schedule A hereof, as of the 29th day of Apr i 1 , 2002 , 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 , 000, 00 This certificate of title is made in consideration of the payment of the premium by the subdivider of the land and for the use of the County and City above named. Authorized Sign: o CHICAGO TITLE INSURANCE COMPANY By. 1 Presia.nt ATTEST 1;�� Saaetary Reorder Form No. 9113 (Reprinted 12/00) Preliminary Subdivision Certificate of Title For Use In Montana SCHEDULE A Page 2 Certificate No.: 7208926-1111 Our File No.: CG-33402 Being the legal description of the real estate covered by this certificate. The following -described parcels of real estate: A Tract of land, situated, lying, and being in the North Half of the Southeast Quarter (N�5SE1/) of Section 19, Township 28 North, Range 21 West, P.M.,M., Flathead County, Montana, and more particularly described as follows: Commencing at the Southeast corner of the Northeast Quarter of the Southeast Quarter of Section 19, Township 28 North, Range 21 West, P.M.,M., Flathead County, Montana; thence along the South boundary of said Northeast Quarter of the Southeast Quarter South 89003152/1 West, a distance of 30.00 feet to a point and the true point of beginning of the tract of land herein described; thence continuing South 89003152/1 West, a distance of 862.21 feet to a point; thence North 01021129/1 West, a distance of 169.65 feet to a point; thence North 88038152/1 East, a distance of 5.00 feet to a point; thence North 01021129/1 West, a distance of 487.12 feet to a point on the South boundary of the Plat of Ashley Park, Phase I (records of Flathead County, Montana); thence along said South boundary North 88038131/1 East, a distance of 560.00 feet to a point; thence South 01021129/1 East, a distance of 377.18 feet to a point; thence North 88038152/1 East, a distance of 303.78 feet to a point on the Westerly R/W of a 60 foot deeded road known as Airport Road; thence along said Westerly R/W South 00002109/1 East, a distance of 286.00 feet to the Point of Beginning. The above described tract of land shall hereafter be known as: ASHLEY PARK, PHASE IV. Page 3 Certificate No.: 7208926-1111 Our File No.: CG-33402 Being all of the estates, interests, equities, lawful claims, or demands, defects, or objections whatsoever to title; and all easements, restrictions, liens, charges, taxes (general, special, or inheritance, or assessments of whatever nature), or encumbrances; and all other matters whatsoever affecting said premises, or the estate, right, title, or interest of the record owners, which now do exist of record. _ 1. Property taxes, including any assessments collected with the taxes, for the year 2002. 2. Reservations in Patents or the acts authorizing the issuance thereof. 3. Mineral rights, claims or title to minerals in or under said land, including but not limited to metals, oil, gas, coal, or other hydrocarbons, sand, gravel or stone, and easement or other rights relating thereto, whether express or implied, recorded or unrecorded. 4. Mortgage dated April 30, 1994, executed by Dennis F. Carver and Gaylon F. Owens, to Joyce L. Radabah, to secure payment of $250,000.00, together with interest and any other obligations secured thereby, recorded May 3, 1994 as Document #9412314020, records of Flathead County, Montana. 5. Resolution No. 678G regarding a proposed change in zoning, filed July 22, 1994 as Document #940309030, records of Flathead County, Montana. 6. Resolution No. 678E regarding a proposed change in zoning, filed July 22, 1994 as Document #9420309040, records of Flathead County, Montana. 7. Easement for gas pipe line and related purposes granted Montana Power Company, recorded November 2, 1999, as Document #199930614190, records of Flathead County, Montana. 8. An existing fence along the South boundary as shown on Certificate of Survey No. 11699. 9. Utility easement certificate as shown on the unrecorded plat of Ashley Park, Phase IV. 10. An existing 10 foot gas utility easement as shown on the unrecorded plat of Ashley Park, Phase IV. 11. A 10 foot gas utility easement as shown on the unrecorded plat of Ashley Park, Phase IV. 12. A 15 foot drainage easement as shown on the unrecorded plat of Ashley Park, Phase IV. 13. A 5 foot utility easement as shown on the unrecorded plat of Ashley Park, Phase IV. 14. No search has been made for water rights and unpatented mining claims and liability thereon is excluded from coverage of this Certificate. CONSENT TO PLATTING Pursuant to Section 76-3-612, MCA 1979, the undersigned, Joyce L. Radabah , hereby consents to the Platting of a tract of land to be known and named as the "Ashley Park, Phase 4" hereof attached. IN WITNESS WHEREOF, said party has caused their name to be subscribed hereto on this day of J U n F , 200,;�, STATE OF MONTANA ) SS COUNTY OF FLAHTEAD ) On this (�90 day of 200,L, before me a Notary Public for the State of Montana, personally appeared whose name is subscribed to the foregoing instrument and acknowledged to me that they executed the same. Not ublic for th e of Montana Residing at: ,7 My Commission Expires: O-f / a > l o— 07/11/2002 14:44 4067585861 FLATHEADCOUNTY PAGE 01 Flathead County Board of Commissioners (406) 758-5503 Howard W. Gipe Robert W. WaW Dale W. WjUiams July 2, 2002 Mr. Tom Sands Sands Surveying 2 Village Loop Kalispell, Montana 59901 RE: Extension Request for ASHLEY PARK., PRASE 1V Dear Mr. Tome: On this date the Board of Flathead County Commissioners granted approval of an extension for Ashley Park, Phase IV. The expiration date of January 3, 2002 has been extended to September 30, 2002. Please contact this office if you have any questions :regarding this matter. Sincerely, BOARD OF COMMISSIONERS FLA =COUNTY,MONTANA Dale ._Whams, C Robert W ,,Wa7 4, ember Howard W. Gipe, Member FCBC:ecn 800 South Main ** Kalispell. Montana 5"01 ** Fix (406) 758-5861 Plat Room Flathead County, Montana 800 S. Main St. Kalispell, MT 59901 (406) 758-5510 This Form is for Subdivisions & Condominiums Only BY: 'SCt" D�n ! 2vvc d 6-/7`0,Z FOR: SCwu.I-S �a/vic- Co' DATE DESCP: 10�RK sH�Ey /9-a8 "?I 0, , 1993 THn i -- �j_ G�&-?� & TO DATE /99/1SE /�/ PURPOSE ASSESSOR # CC) Sao so 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. Deputy Treasurer (seal) JUN 19 Z002 �!talts 11 i, iui fi y�'F- t 72? uA. DEiWAY y I a ,99 .100;f101 73 , 89 90 ! 91 97198 104 :103 i 102 74 92 98 105 .vT COVE ; \ 108 75 8b 94 951 107 ! 108 i 1091110 176 ' 77 �82i 81+ �i 79 I j � ,Tv; f ! SOUTH MEADOWS DR 115114131211;10i 9;817i 8! 5 4( 3\ 2 �1 0 p 3 )2 1 8 6_ 3' 2 11 I 7 8': 5 TEAL DRM t1 t i 27 I 23 7 21 29 22 7 8 r 23 i� 24 8 20 :� 23 8 9 zs i 25 9 19 q 27 1 24 9 1 2 28 10 18 Q 28 25 .�7 10 11 29 30 &FJzQUR ; 11 17 Subject Property R-4 3AA 3A i i 1N + 3 2/J SUBD NO 1091 3BA city -i P-1 kEAF R '1 2A Q a+ cc F� 2EAB EAA` 2EAC o SAG-1 0 2F2FA cc 2FB6R 4 � VICINITY MAP SOMERS LAND COMPANY / DENNIS. CARVER ANNEXATION & INITIAL ZONING ON APPROX. 10.46 ACRES (ASHLEY PARK PHASE IV) FROM COUNTY R-4, TWO FAMILY RESIDENTIAL TO R-4, TWO FAMILY RESIDENTIAL, CITY OF KALISPELL PLOT DATE: 8/13/02 FILE # KA— 0 2 — 9 SCALE 1" = 400 ' �\gis\site\kaO2_9.dwg s54 k`5 ED c CIO O J ! Ti �O O i N � s0 i o ' J J n N � • P I is N LL rn 1 Y as m NC., Z J fh mW rn a 1 J J # LO Q Y > .a 1 rY1 C` Ir ru t r1i �o Q. ti Lc) Ir I' 'CcO z m .. 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