Staff Report/Final Plat Phase 2Tri-City Planning Office
17 Second Street East —Suite 211
Kalispell, Montana 59901
Phone: (406) 751-1850
Fag: (406) 751-1858
tricity@centurytel.net
REPORT TO: Kalispell Mayor and City Council
FROM: Narda A. Wilson, Senior Planner
Chris A. Kukulski, City Manager
SUBJECT Final Plat for Stratford Village Subdivision Phase 2
MEETING DATE: January 6, 2003
BACKGROUND: This is a request for final plat approval of Stratford Village
Subdivision Phase 2 which plats 27 lots on approximately 7.212 acres. The entire
subdivision contains 102 residential lots on approximately 30.66 acres in southwest
Kalispell. The property was annexed into the city limits and the subdivision given
preliminary plat approval by the Kalispell City Council on October 2, 2000. The zoning on
the property is R-4, a Two Family Residential zoning district that has a minimum lot width
of 50 feet and a minimum lot size requirement of 6,000 square feet. The district allows
duplexes and single-family homes as permitted uses. The property lies west of South
Meadows and Ashley Park subdivisions, south of Lone Pine View Estates subdivision and
east of the Burlington Northern Railroad right-of-way.
Phase 1 of Stratford Village was approved by the Kalispell City Council in January of
2002 which platted 16 lots and has been filling up fairly quickly. This first phase
included the extension of Bluestone Street from South Meadows to the east and the
extension of Denver Avenue from Lone Pine View Estates. This extension created a road
connection in the area that previously did not exist. The second phase of Stratford
Village lies directly to the west of the first phase.
As required by the conditions of approval, at least two-thirds of the infrastructure for the
subdivision in this phase has been completed and constructed to City standards which
includes curb, gutter, sidewalks, street trees and underground utilities; and certified by a
licensed professional engineer. A subdivision improvements agreement has been
submitted for the remaining improvements along with a letter of credit in the amount of
125 percent of the costs of the remaining improvements in the amount of $18,675. The
letter of credit has been received, but found to contain an error in the expiration date. A
new letter is being issued by Banner Bank of Bothell. Staff has a faxed corrected copy.
The original will be available on Monday. Approximately $4,000 of the improvements
agreement includes some additional paving of alleys to be completed in Phase 1, the
remaining work in phase 2 includes minor paving and re -seeding. A proportionate share
of the cash -in -lieu of parkland is being paid with this first phase in the amount of
$5,627, which is based on the area in lots of 4.238 acres with an estimated unimproved
value of $12,070 per acre.
Providing Community Planning Assistance To:
• City of Kalispell • City of Columbia Falls • City of Whitefish •
Final Plat for Stratford Subdivision Phase2I
December 31, 2002
Page 2
The preliminary plat for this subdivision was approved by the Kalispell City Council on
October 2, 2000, subject to 17 conditions of approval. All of the conditions of approval
have been met or otherwise adequately addressed through the subdivision improvements
agreement.
RECOMMENDATION: A motion to approve the final plat for the Stratford Village Phase 2
and to accept the subdivision improvements agreement would be in order.
FISCAL EFFECTS: Minor positive impacts once developed.
ALTERNATIVES: As suggested by the city council.
Respectfully submitted,
�qo,A� ft. W J�,
Narda A. Wilson
Senior Planner
Report compiled: December 31, 2002
C-Q��4.2 ��'\
Chris A. Kukulsld
City Manager
Attachments: Letter of transmittal
Final plat application and supporting documents
AMENDED
SUBDIVISION IMPROVEMENT AGREEMENT
STRATFORD VILLAGE, PHASE 1
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 NORMAN
SANDERSON, of APEX 1, LLC, located at 10 E. Roanoke Street 48, Seattle,
Washington 98102, Party of the Second Part and hereinafter referred to as
DEVELOPER:
WITNESSETH:
THAT WHEREAS, the Developer is the owner of a the recorded subdivision
known as "STRATFORD VILLAGE, PHASE 1", located in the West Half of Section
19, T28N, R21W, PM,M, Flathead County and,
WHEREAS, the City has approved the final plat of "STRATFORD VILLAGE,
PHASE 1", upon the conditions as set forth in the Preliminary Plat of the Subdivision
being completed and all improvements, as cited in original "Exhibit A" had not been
completed at that time, and the Developer wishes to amend the bond for the
completion of those remaining improvements set forth in original "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 public engineer or
the contractor included herewith as new "Exhibit A", and
WHEREAS, the estimated total cost of construction of said improvements is the
sum of $369,011.00.
NOW THEREFORE, in consideration to reduce said bond 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
$6,837.50. 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 $6,837.50, the estimated cost of
completing the required improvements in "STRATFORD VILLAGE, PHASE 1".
b. That if the Developer fails to complete the specified improvements within the
required period, the creditor will pay 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 stated in the letter;
2. That said required improvements shall be fully completed by OCTOBER 1,
2004.
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 have 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 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 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 specifications, or within the required time limits, it may withdraw
the collateral and employ such funds as may be necessary to construct the improvement
or improvements in accordance with the specifications. The unused portions of the
collateral shall be returned to the Developer or the crediting institution, as is
appropriate.
IN WITNES WHEREOF Parties have hereunto set their hands and seals the
day and ye Lein before ten.
-----— — ---------------
STRATFORD VILLAGE, PHASE 1
NORMAN SANDERSON
APEX 1, LLC
STATE OF MONTANA )
SS
COUNTY OF Flathead )
On this _IL_ day of —�1 ^___, 2002, before me, a Notary Public for the
State of Montana, personally appeared NORMAN SANDERSON and known to me to
be the Administrator for APEX 1, LLC and whose name is subscribed to the foregoing
instrument and acknowledged to me that he executed the same for said APEX 1, LLC..
IN WITNESS WHEREOF, I have hereunto set my hanag�@l d Notarial
S the ay and year first above written. I y
Nota y ublic for the State of Montana
Residi yg at Kalispell, Montana
My C mission Expires 6/18/2003
MAYOR, CITY OF KALISPELL
By:
Mayor
tIOTARIAL
en Sul.
�oOF !1 OL
ATTEST:
By: --
Finance Director
EXHIBIT A
11 /04/02
ENGINEERS ESTIMATE OF CONSTRUCTION PROGRESS
PHASE 1 & PHASE II
STRATFORD VILLAGE SUBDIVISION, KALISPELL, MONTANA
PHASE I
PHASE 11
ITEM
ESTIMATED
TOTAL
COST
PERCENT
COMPLETE
REMAINING
TO COMPLETE
STIMATED
OTAL
70ST
PERCENT
COMPLETE
REMAINING
TO COMPLETE
1. Roads
a. Base, Crush Rock
22,568.00
100%
-0-
43,509.00
100%
-0-
b. Paving
34,020.00
100%
-0-
65,589.00
100%
-0-
c. Sidewalks
19,809.00
100%
-0-
61,245.00
100%
-0-
d. Site Concrete / Light
Bases
6,000.00
100°l0
-0-
14,534.00
100%
-0-
e. Curbs
11,600.00
100%
-0-
39,832.00
100%
-0-
. 2. Alleys
a. Base, Crush
4,346.00
100%
-0-
9,596.00
100%
-0-
b. Paving
3,370.00
0%
3,370.00
7,370.00
0°/a
7,370.00
3. Sewer
a. Manholes
12,000.00
100%
-0-
Sewer total:
100%
Sewer total:
b. 10" Sewer Mains
16,290.00
100%
-0-
45,115.00
100%
-0-
c. 8 " Sewer Mains
6,440.00
100%
-0-
100%
d. Services :
10,800.00
100%
-0-
100%
4. Water
I'
a. 8" Water Mains
18,176.00
100%
-0-
Water total:
100%
Water total:
b. 8" Valves
5,600.00
100%
-0-
64,274.00
100%
-0-
c. 6" Hydrants with valves
9,000.00
100%
-0-
100%
d. Services
12,000.00
100%
-0-
100%
5. Storm Water
a. 12" Main
6,630.00
100%
-0-
Storm total:
1000/0
Storm total:
b. 10"Main
5,612.00
100%
-0-
17,792.00
100%
-0-
c. 8" Main
10,304.00
100%
-0-
:100%
dd Catch Basins
8,500.00
100%
-0-
100%
e. Manholes and Tankage
16,800.00
100%
-0-
100%
f. Retention Basin
58,646.00
100%
-0-
6. Postal Service
a. Mailboxes and Mounting
2,500.00
100%
-0-
7. Si na e
a. Street Signs
1,200.00
100%
-0-
3,200.00
100%
-0-
b. Traffic signs
1,800.00
100%
-0-
4,800.00
100%
-0- .
8. Landscape
a. Trees
10,800.00
100%
-0-
11,300.00
100%
-0-
b. Seeds and Repair
4,200.00
100%
-0-
4,200.00
0%
4,200.00
9. Utilities
a. Electric
22,000.00
100%
-0-
37,537.00
100%
-0-
b. Gas
11,000.00
100%
-0-
18,538.00
100%
-0-
c. Telephone
14,000.00
100%
-0-
13,912.00
100%
-0-
d. Cable
3,000.00
100%
-0-
4,000.00
100%
-0-
e. Trench,Conduit.,Vaults
40,289.00
100%
-0--
Subtotal
369,011.00
3,370.00
506,632.00
1140.00
.,
PHASE I: Security Amount Required 1.25 x
$3,370.00
$4,212.50
0 fq r
PHASE LI: Security Amount Re uired 1.25 x $11,570.00
S14,462.50
^ °'
TOTAL PHASE I & PHASE II
$18,675-00
E M�rY'
STRATFORD VII.7 AGE SUEDNISION
TO WHOM IT MAY CONCERN:
JACROLA ENGPfURING & ARCMICTURE, PC HAS BEEN AUR-raORIZED AS THE
ENGIl►IEER OF RECORD FOR THE STRATFORD VILLAGE PROJECT AND WIJ-L BE
MONITORING THIS PROJECT'S DEVELOPMENT AS TEE ENGIl4EER OF RECORD.
AUTHORIZED BY: APEX 1, LLC
y\,
w r
N]ORMANC.. SANDERSON
�`Y�rYYIWY1111EX 1, I.�7C
,��' ALES F40 Y ' APP-
�� �£ ��. OWNER
�oTAogy
7,1 ME
* � !ram 7k � wrl.Ji..�LiiJ'L�:'..l •1��� .f% `:t; � C•',
.Y Rlt1'�Yf�4���+'y* `'� 'o�frr—i``:3'?;i`fi;,'. I�.js.i, •'..' r .. . _ ,',"j
MY ccivim"S'si
z
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 NORMAN
SANDERSON, of APEX 1, LLC, located at 10 E. Roanoke Street ##8, Seattle,
Washington 98102, Party of the Second Part and hereinafter referred to as
DEVELOPER:
WITNESSETH:
THAT WHEREAS, the Developer is the owner of a new subdivision known as
"STRATFORD VILLAGE, PHASE 2", located in the West Half of Section 19, T28N,
R21 W, PM,M, Flathead County and,
WHEREAS; the City has conditioned it's approval of the final plat of
"STRATFORD VILLAGE, PHASE 2", 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 public engineer or
the contractor included herewith as "Exhibit A", and
WHEREAS, the estimated total cost of construction of said improvements is the
sum of $506,632.00.
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
$11,837.50. 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 $11,837.50, the estimated cost
of completing the required improvements in "STRATFORD VILLAGE, PHASE 2".
b. That if the Developer fails to complete the specified improvements within the
required period, the creditor will pay 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 stated in the letter;
2. That said required improvements shall be fully completed by OCTOBER 1,
2004.
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 have 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 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 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 specifications, or within the required time limits, it may withdraw
the collateral and employ such funds as may be necessary to construct the improvement
or improvements in accordance with the specifications. The unused portions of the
collateral shall be returned to the Developer or the crediting institution, as is
appropriate.
IN WIT S WH F, the Parties have hereunto set their hands and seals the
day and erein re written.
---- — ------------------
STRATFORD VILLAGE, PHASE 2
NORMAN SANDERSON
APEX 1, LLC
STATE OF MONTANA )
SS
COUNTY OF Flathead
5
On this _13__ day of _ � 2002, before me, a Notary Public for the
State of Montana, personally appeared NORMAN SANDERSON and known to me to
be the Administrator for APEX 1, LLC and whose name is subscribed to the foregoing
instrument and acknowledged to me that he executed the same for said APEX 1, LLC..
IN WITNESS WHEREOF, I have hereunto set my h Mhda d my Notarial
Seal the day and year first above written.(OF
to
P
-- —-------------------.>at
c^,N tary Public for the State of MontanaR siding at Kalispell, Montana y Commission Expires 6/18/2003 0V
MAYOR, CITY OF KALISPELL
ATTEST:
By'-------------------------------- By:
Mayor
Finance Director
ITEM 1
1. Roads
a. Base, Crush Rock
b. Paving
c. Sidewalks
d. Site Concrete / Light
Bases
e. Curbs
2. Allevs
a. Base, Crush
b. Pa
3. Sewer
a. Manholes
b. 10" Sewer Mains
c. 8 "Sewer Mains
d. Services
4. Water
a. 8" Water Mains
b. 8" Valves
c. 6" lldrams with valves
d. Services
5. Storm Water
a. 12" Main
b. 10" Main
C. 8" Main
d. Catch Basins
e. Manholes and Tankage
f. Retention Basin
6. Postal Service
a. Mailboxes and Mountie
7.Sinae
a. Street Signs
b. Traffic signs
8. Landscape
a. Trees
b. Seeds and R air
9. Utilities
a. Electric
b.. Gas
c. Telephone
d. Cable
e. Treech,Conduit.,Vaults
Subtotal
PHASE 1: Security Amount R
PHASE II: Securitl Amount Ri
TOTAL PHASE I & PHASE II
EXHIBIT A
ENGINEERS ESTIMATE OF CONSTRUCTION PROGRESS
PHASE 1 & PHASE II
STRATFORD VILLAGE SUBDIVISION, KALISPELL, MONTANA
11 /04/02
C
PHASE I PHASE II M
,ST MATED PERCENT REMAINING STIMATED PERCENT REAINING
'OTAL COMPLETE TO COMPLETE OTAL COMPLETE TO COMPLETE
OST OST
22,568.00 100% -0- 43,509.00 100% -0-
34,020.00 100% -0- 65,589.00 100% -0-
19,809.00 100% -0- 61,245.00 100% -0-
6,000.00 100% -0- 14,534.00 1000/0 -0-
11,600.00 100% -0- 39,832.00 100% -0-
4,346.00 100% -0- 9,596.00 100% -0-
3,370.00 0% 3,370.00 7,370.00 0% 7,370.00
12,000.00 100% -0- Sewer total: 100% Sewer total:
16,290.00 100% -0- 45,115.00 100% -0-
6,440.00 100% 4)- 100%
10,800.00 100% -0- 100%
18,176.00 100% -0- Water total: 100% Water total:
5,600.00 100% -0- 64,274.00 100% -0-
9,000.00 100% -0- 100%
12,000.00 100% -0- 100%
6,630.00 100% -0- Storm total: 100% Storm total:
5,612.00 100% -0- 17,792.00 1000/0 1 -0-
10,304.00 100% -0- 100%
8,500.00 100% -0- 100%
16,800.00 100% -0- 100%
58,646.00 100% -0-
2,500.00 100% -0-
1,200.00 100% -0- ,200.00 100% -0-
1,800.00 100% -0- 4,800.00 100% -00
10,800.00 100% -0- 11,300.00
2,100.00 0% 2,100.00 2,100.00
22,000.00 100% -0- 37,537.00
11,000.00 100% -0- 18,538.00
14,000.00 100% -0- 13,912.00
3,000.00 100% -0- 4,000.00
369,011.00
fired 1.25 x $3,370.00
sired 1.25 x S11,570.00
40,289.00
5.470.00 506,632.00
$6,837.50
$11,83750
$18,675.00
100%
0%
100%
100%
100%
100%
100%
-0-
Z,100.0C
-0•
-01
-01
-0
-0
9,470.0(
1
10,800.00 100% -0- 11,300.00
2,100.00 0% 2,100.00 2,100.00
22,000.00 100% -0- 37,537.00
11,000.00 100% -0- 18,538.00
14,000.00 100% -0- 13,912.00
3,000.00 100% -0- 4,000.00
369,011.00
fired 1.25 x $3,370.00
sired 1.25 x S11,570.00
40,289.00
5.470.00 506,632.00
$6,837.50
$11,83750
$18,675.00
100%
0%
100%
100%
100%
100%
100%
-0-
Z,100.0C
-0•
-01
-01
-0
-0
9,470.0(
1
369,011.00
fired 1.25 x $3,370.00
sired 1.25 x S11,570.00
40,289.00
5.470.00 506,632.00
$6,837.50
$11,83750
$18,675.00
100%
0%
100%
100%
100%
100%
100%
-0-
Z,100.0C
-0•
-01
-01
-0
-0
9,470.0(
1
Tri-City Planning Office
17 Second Street East - Suite 211
Kalispell, Montana 59901
Phone: (406) 751-1850
Fax: (406) 751-1858
tricity@centurytel.net
December 31, 2002
Chris Kukulski, City Manager
City of Kalispell
P.O. Drawer 1997
Kalispell, MT 59901
Re: Final Plat for Stratford Village Subdivision Phase 2
Dear Chris:
Our office has received an application from Jackola Engineering for final plat approval
of Stratford Village Subdivision Phase 2 that plats 27 lots on approximately 7.212
acres from the 102 lot residential subdivision. This phase of the subdivision to the
west of Phase I near the northern portion of the site. Phase 1 of Stratford Village
included the extension of Bluestone Street to connect with Denver Avenue providing a
connection between the South Meadows area and Sunnyside Drive. A proportionate
share of the required cash in lieu of parkland dedication was submitted with the final
plat application in the amount of $5,627. In accordance with the conditions of
approval, approximately two-thirds of the required infrastructure has been completed
and a subdivision improvements agreement has been submitted with a letter of credit
in the amount of 125 percent of the cost of the remaining improvements or in the
amount of $18,675. Approximately $4,000 of this is to cover the paving of alleys in
Phase 1.
The property was annexed into the city and the subdivision given preliminary plat
approval by the Kalispell City Council on October 2, 2000 subject to 17 conditions.
The following is a list of the conditions of preliminary plat approval for this subdivision
and a discussion of how they have been met or otherwise addressed.
COMPLIANCE WITH CONDITIONS OF APPROVAL
Condition No. 1. Development of the subdivision shall be platted in substantial
compliance with the approved preliminary plat which governs the location of lots and
roadways within the subdivision. Phasing of the subdivision is anticipated.
• This condition has been met. Phase 2 of the subdivision is in substantial
compliance with the preliminary lot layout and roadway design.
Condition No. 2. That the roadways serving the subdivision shall be constructed in
accordance with the adopted Design and Construction Standards for the City of
Kalispell for local roads and include the pavement, curbs, gutters, storm drainage,
sidewalks and a minimum five foot landscape boulevard with street trees placed in
Providing Community Planning Assistance To:
• City of Kalispell • City of Columbia Falls • City of Whitefish •
Final Plat for Stratford Village Subdivision Phase 2
December 31, 2002
Page 2
accordance with a plan approved by the Parks and Recreation Director. A letter from
an engineer licensed in the State of Montana certifying that the improvements have
been installed according to the required specifications shall be submitted at the time
of final plat approval along with a letter from the Kalispell Public Works Department
stating that the required improvements have been inspected and comply with the City
standards.
• This condition has been adequately addressed. Most of the improvements for this
phase of the subdivision have been completed including the water and sewer and
road base as well as the underground utilities. The remaining improvements are
being guaranteed with the subdivision improvements agreement and letter of
credit.
Condition No. 3. That the developer provide documentation that the necessary
easements have been obtained granting access to the subdivision across privately
owned property and that the easement encompasses the nature and intensity of the
use proposed.
• This condition is not applicable to this phase of the development since there is no
easement across private property, but rather the extension of public rights -of -way.
Condition No. 4. That a Certificate of Subdivision Approval be obtained from the
Montana Department of Environmental Quality and written approval by the Kalispell
Public Works Department approving the water and sewer facilities for the subdivision.
• This condition has been met. A letter from MDEQ dated November 20, 2002 and a
letter from the Kalispell Public Work Department dated August 28, 2002 have
been submitted with the final plat application.
Condition No. S. A stormwater drainage plan, which has been designed by an
engineer licensed in the State of Montana, shall be prepared which complies with the
City's Design and Construction Standards and shall be reviewed and approved by the
Kalispell Public Works Department.
• This condition has been met. The stormwater drainage plan was approved by the
Kalispell Public Works Department and has generally been completed for this
phase of the subdivision.
Condition No. 6. That an approach permit for the proposed accesses onto Denver
Street and Bluestone be obtained from the Kalispell Public Works Department and any
conditions or improvements associated with the permits be completed prior to final
plat approval.
• This condition has been met. This condition was addressed in the first phase of
the Stratford Village Subdivision with the extension of Bluestone and Denver
Avenues made at that time.
Final Plat for Stratford Village Subdivision Phase 2
December 31, 2002
Page 3
Condition No. 7. The roads within the subdivision shall be named and signed in
accordance with the policies of the Kalispell Public Works Department and the
Uniform Traffic Control Devices Manual.
This condition has been adequately addressed. The signs for the subdivision have
been included in the subdivision improvements agreement.
Condition No. 8. The developer shall provide a plan for mail service approved by the
U.S. Postal Service.
This condition has been met. A letter from the post office was been submitted
approving a centralized box location and turnaround area on Denver Avenue
during the first phase.
Condition No. 9. Street lighting shall be located within the subdivision and shall be
shielded so that it does not intrude unnecessarily onto adjoining properties.
This condition has been adequately addressed. Light poles have been installed
and the remaining work on the lighting is part of the subdivision improvements
agreement.
Condition No. 10. That the parkland dedication requirements be met with the
payment of cash in lieu of parkland of 11 percent of the unimproved value of the area
devoted to lots or $24,823. The cash in lieu of parkland can be paid in conjunction
with the phasing of the development based on the area in lots.
This condition has been met. A cash in -lieu of parkland payment has been made
for this phase of the subdivision in the amount of $5,627 based on the
proportional area in lots or 4.238 acres in lots and an unimproved value of
$12,070 per acre which was determined at the preliminary plat review stage.
Condition No. 11. All utilities shall be installed underground.
This condition has been met. All of the utilities have been installed underground
and have been certified by the engineer for this project.
Condition No. 12. That the fire access and suppression system comply with the
Uniform Fire Code and a letter from the Kalispell Fire Department approving the
access and number and placement of fire hydrants within the subdivision shall be
submitted with the final plat. The fire access and suppression system shall be
installed and approved by the Fire Department prior to final plat approval.
• This condition has been met. All of the water lines and hydrants have been
installed and tested and the roadway has been brought to a point that can provide
adequate fire access in the case of a fire. A letter from the Kalispell Fire
Department has been received dated 1 / 17 / 02 approving the location and space of
the hydrants was submitted with phase 1 of the subdivision.
Final Plat for Stratford Village Subdivision Phase 2
December 31, 2002
Page 5
COMPLIANCE WITH THE SUBDIVISION REGULATIONS:
This subdivision plat has been found to be in compliance with the State and City
Subdivision Regulations.
COMPLIANCE WITH THE ZONING REGULATIONS
This subdivision can be found to be in compliance with the Kalispell Zoning Ordinance
and the R-4, Two Family Residential, zoning designation for the property which
governs the dimensional requirements of the lots within the subdivision and well as
the uses.
RECOMMENDATION:
All of the conditions of preliminary plat approval ha
adequately addressed. The staff would recommend tha
Sincerely,
� 0,
Narda A. Wilson
Senior Planner
Sul
t
Attachments: 1 opaque mylars of final plat
1 reproducible mylar of final plat
1 copy of final plat
Ltr from Jackola Eng dated 11/4/02
Final plat application dated 12/9/02
Ltr from MDEQ dated 11/20/02
Ltr from Env Health Svcs dated 9/4/02
Ltr from Dick Amerman 8/29/02
Covenants and maintenance agreement
Subdivision improvements agreement
Ltr of credit from Banner Bank (corrected copy available Monday)
Treasurers Certification dated 11/13/02
Title report dated 11 / 22 / 02
Cash in lieu of parkland check for $5,627
Cash in lieu of parkland check for $250
swva A'
November 4, 2002
Tri-CityPlanning Office
Attn: Ms. Nardi Wilson
Senior Planner
17 Second Street East
Suite 211
Kalispell, Montana 59901
RE:
+ Stratford Village Subdivision
+ Phase I — 16 Lots, R4 zoning, Recorded
• Phase II — 27 Lots, R4 zoning, Filing of Final Plat
• Engineers estimate for bond amount for completion
to file final plat. Resolution No. 4586 Dated
10/02/00.
Dear Ms. Wilson;
A letter of credit was provided in the amount of $91,701.25 to the city to allow the
recording of the Phase I, 16 lot portion for work that needed to be completed on Phase
I at that time. Since that time, Phase II, consisting of 27 lots have been actively
worked on together with completing the Phase I work under the letter of credit. The
intent is to file for final plat on Phase II and adjust the letter of credit amount to
coincide with the attached engineers estimate of uncompleted work for Phase I and
Phase II.
Item response to Resolution 4586:
1. This development is platted in substantial compliance with the approved
preliminary plat.
Phase I is a recorded plat which has a letter of credit in place for the
uncompleted work. This work is complete with the exception of alley
asphalt paving and street & traffic signage. Street and traffic signage has
been ordered and alley paving will be done when construction of houses is
completed. See attachment requesting a reduction in the letter of credit
commitment amount at 125% to $4,212.50 for Phase I.
1
Phase II is in the filing of final plat and the work is near completion. It is
requested that the existing letter of credit be utilized to cover the Phase I
and Phase II. uncompleted work. The Phase II portion of letter of credit
commitment amount at 125% is $14,462.50. The remaining work consists
of alley paving, street and traffic signage and finishing of the area between
the curb and sidewalk.
2. The roadways serving the subdivision are constructed to the City of Kalispell
Standards for Phase I and Phase II. The project has been improved to some
extent beyond Phase I and Phase II with the construction of the in place
retention basin for the entire subdivision. A certification letter from the
engineer is provided.
3. All necessary easement are provided and are shown on final plat.
4. Certificates of approval are provided for Montana DEQ and the City of
Kalispell.
5. Storm drainage has been designed by a licensed engineer and approved by the
City of Kalispell, Department of Public Works.
6. Approval for the extensions of Denver Avenue and Bluestone was completed
under Phase I of Stratford Village and are in use.
7. These traffic signage and street signs will be provided and installed with
coordination with the City Public Works Department.
8. The mail boxes are provided and in place per postal service requirements.
9. Street lighting has been provided throughout Phase I and Phase II.
10. Parkland dedication is being met by payment in lieu of parkland.
Total required payment for all lots. $24,823.00
Phase I payment already paid: $ 3,600.00
Phase II payment required: $ 5,375.00
Check in the amount of $5,375.00 is provided for Phase II.
13. All utilities are installed underground in the subdivision. Payments to the
power company, gas company and telephone company have been made and the
services have been installed for Phase I and Phase II, Stratford Village.
12. Fire access and hydrant count and location have been approved by the Kalispell
Fire Department and in conjunction with the City Public Works Department.
13. The infrastructure for Phase I is 991/6 complete and for Phase II is about 98%
complete. It is requested that the existing security agreement in the amount of
$91,701.25 be reduced to $18,675.00. Phase I uncompleted work times 1259/6 is
$4,212.50 and Phase II uncompleted work is $14,4625.50 adding to the
$18,675.00 requested revised letter of credit amount.
F)
14. A home owner's association will be established for the maintenance of the
common area under a pro-rata share of the costs. A copy of the maintenance
agreement is provided.
15. The final plat delineates the corner setbacks required.
16. Disturbed areas shall be re -vegetated in the spring and a security commitment
to do this item is provided.
17. Phase I approval of Resolution 4586 was on October 2, 2000. Phase I final
plat approval occurred on January 22, 2002. The developer is now requesting
final plat approval for Phase II, 27 lots, Stratford Village Subdivision.
The developer, Apex 1, L.L.C. respectfully requests approval of the final plat for the
27 lots in Phase II, Stratford Village Subdivision. As -built drawings will be provided
within the 90 days after date of initial use for Phase II. Phase I drawings have been
previously submitted.
Very truly yours,
Jackola Engineerin Architecture, P.C.
BY:
or A. Jackoly\ P.E.
CC: Dick Ammerman — City of Kalispell Public Works Department
Enclosures:
• Exhibit A — engineers estimate of construction progress, Phase I & II
• Phase II final plat filing
• Roadways certification letter
• Certificates of approval
• Parkland check in the amount of $5,375.00
• Letter requesting reduction in letter of credit amount from $91,701.25 to
$18,675.00
• Maintenance agreement
TAJ/rae
3
Tri-City Planning Office
17 Second St East, Suite 211
Kalispell, MT 59901
Phone: (406) 751-1850 Fax: (406) 751-1858
Project Name: _(;4 rq*" o r
Contact Person:
Name: �C� o Pe �-
Address: PG. Uax
Phone No.:0
FINAL PLAT APPLICATION
a SC? .2—
Date of Preliminary Plat Approval: 0(4. ) , Zo 0 0
Owner & Mailing Address:
L L
4 E. R' ocX rt Ae _'zz4 . 19,18_
SPA ff Le.. Isla - 9 � ( 0�
2o5- 32a- 5 177
Type of Subdivision: Residential x Industrial Commercial PUD
No. of Lots Proposed 27 Parkland (acres)
Land in Project (ac.) 7. �-I Z- AS - Cash -in -Lieu
Exempt
FILLING FEE ATTACHED $ lI 7S I- = 12Z_5
Minor Subdivision with approved preliminary plat
Major Subdivision with approved preliminary plat
Subdivisions with Waiver of Preliminary Plat
Subdivision Improvements Agreement
_Other
RECEl� ED
DEC 1^
MCITY PLANNING OFFICE
$300 + $25/lot
$500 + $25/lot
$450 + $25/lot
$ 50
Not
Attached Applicable (MUST CHECK ONE
Rom/ Health Department Certification (Original)
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. BIanket 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 PlanningOffice, 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 bused that the County Clerk & Recorder requests that all subdivision
final plat applicatio a accompanied with a digital copy.
C
s) Signature
/1 3 zo0.;-
Da e
**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
As approved by the TCPB on 12/19/01
Effective 1 / 1 / 02
Montana Department of
ENvmomwFjwAL0umffrY Judy Martz, Governor
P.O. Box 200901 - Helena, MT 59620-0901 - (406) 444-2544 - www.deq.state.mt.us
November 20, 2002
Thor A Jackola PE
Jackola Engineering
PO Box 1134
Kalispell MT 59903
Dear Mr Jackola:
RE: Stratford Village Phase 2
1`,::.^.icipal Facilities Exclusion
EQ#03-1724
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 (76-4-111 (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 mailed to the Water Protection Bureau, Kalispell Office for their review.
Sincerely,
�aAO4�
Janet Skaarland
Compliance Technician
Subdivision Section
Water Protection Bureau
(406) 444-1801—emailiskaarland@state.mt.us
cc: City Engineer, City of Kalispell
County Sanitarian
file
Centralized Services Division • Enforcement Division • Permitting & Compliance Division . Planning, Prevention & Assistance Division • Remediation Division
Environmental Health Services
723 5th Avenue East Kalispell, MT 59901
(406) 758-5760 Fax:758-5859
Wednesday, September 04, 2002
Thor Jackola
Jackola Engineering
P. O. Box 1134
Kalispell, MT 59901
Administration
75MB28 FAX758-5858
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
Re: Water & Sewer Main Exts., Stradford Subdv. Phase 11, Kalispell, Proj. # FH-02-04
Dear Thor:
The engineering report, plans with specification notes, 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 is enclosed.
This project includes installation of water and sewer main extensions as shown on plans
prepared by Jackola Engineering and received by this office on 5/16/02. The plans were
submitted under the seal and stamp of Thor Jackola, P.E. 4 3335E.
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
record 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.
02-04 - Pg. 2
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. Montgomery, P
Environmental Engineer
copies to: Mt. D. E. Q. - Kalispell
City of Kalispell, Dept. of Public Works
City of Kalispell
Poet OM= HaK 1997 - , Montane 59908-1997 - TekTbaw kOSM38-9700 FAzW)M75&7798
August 29, 2002
Thor A. Jackola, PE
Jackola Engineering
P.O. Box 1134
Kalispell, Montana 59903
Re: Stratford Village, Phase II
Dear Thor:
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. Final acceptance will be contingent on as-builts being submitted.
Respectfully,
Am P.E.
Assistant City Engineer
Attachment: As Stated
20020250310
4C�
J 'MEMORANDLrINI OF AGREENIEi•fT
THIS AGREENENT is made and entered into this clay of December, 2001 by and
between:
STRATFORD VILLAGE HONMOWtiFRS ASSOCIATION
hereafter referred to as Association
f
APEX I, LLC
10 E. Roanoke 48
D Seattle WA 98102
hereafter referred to as Developer.
A. The Association owns, maintains and repairs the alleys, retention area and street lights
in the subdivision known as Stratford Village as shown on the plat of this subdivision recorded in
the Office of the Cleric and Recorder o£Flathead County, Montana.
B. Funds for the operation and maintenance of these items are obtained from assessments
levied and collected from got owners of the subdivisions in accordance with the assessment
procedures contained in the Declaration of conditions, covenants and restrictions of the
subdivision.
NOW THEREFORE the parties further agree as follows:
1. After all improvements for each phase have been completed and upon Developer
recording the subdivision plat of each- phase, Developer shall deliver to the president of the
Association a deed which conveys all Developer's right, title and interest in and to the roadways
shown on the plat contained within the exterior boundaries of the subdivision. The president of
the Association shall accept the deed and record the same upon receiving satisfactory proof that
all expenses enumerated above and all county requirements for the construction of the roadways,
signs and re -vegetation of disturbed areas have been met.
2. After Association has accepted and recorded the deed, it shall have authority to
determine the need for and arrange for the maintenance (which includes sanding, snow removal)
the alleys in the same manner as the roadways. This authority includes the right to assess, levy
and collect charges from the lot owners of Stratford Village. The amount assessed by the
Association and due from Developer for the year 2002 shall be prorated from the time the
Association becomes the owner of the alleys. For the years 2003 and thereafter, Developer and
subsequent owners of the lots shall be liable for the full assessment levied each year on the lots.
3. Developer will be drafting and recording its own covenants for the subdivision and
shall include appropriate language submitting the alleys, retention pond, street lights together with
maintenance and assessment power to Stratford Village upon recording the final plat of each
phase in accordance with this agreement. The covenants shall further provide that each lot owner
in Stratford Village (including Developer) is automatically a member of the Association having
one vote for each lot and subject to the Articles, bylaws and resolutions pertaining to road
maintenance issues only passed from time to time.
2,
20020251a5; 0
}
IN WITNESS WHEREOF, ws, being all of the Directod of STRaTFORD VD -.LAGS
HOMEOWNERS ASSOCIATION, have heretofore set awr hands this day of ��
200 i. . , l So O,,s.n -e Y oX A P6k 1/ LLG
-� z:
1-
Norman Sanderson
State of Montana, County Flathead
t
Ou this � of December, 2001, before me, a Notary Public for the State of Montana, personally appeared
Norman Sanderson known to to be the person whose name is subscribed to the foregoing
instrument and aclmowledged to me that they executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notary Seal this day and year first above
written.
Public for the State of Montana
at Kalispell.,
My Commission Expires lt3' L�3
STATE OF MONTANA,
55
County of Flathead
Recorded at the request of L-/ 1Do
this c E day of MOP- at � o'
M and recorded in
the records of Flathead County, State of Montana.
Fee S ' ~ Pd.
(Flathead Coanty Clerk and Rec r)
RECEPTION NO. S �) l
RETURN TO �� �`X--IJ� P� (J—JG - — (Dr-P� -
� 5�9 oS -1 13
erk
2002025
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS
STRATFORD VILLAGE
,I1
4 This declaration is made this s ! day of December, 2001- by the undersigned, Apex I LLC, of Seattle,
r Washington, herein after referred to as "Declarant".
V
WITNESS TO:
Whereas, Apex I LLC are owners of the tract of real property to be knows as Stratford Village subdivision, a plat or
map whereof will be on file and of record in the office of the County Clerk and Recorder, Flathead. County,
Montana, and
WIEREAS, the Declarant is desirous of subjecting said real property to the covenants, conditions and restrictions
herein -after set forth, each of which is and are for the benefit of said property and for each owner thereof, and shall
inure to the benefit of and pass with said property, and each and every parcel there of, and shall apply to and bind
the successors in interest and any owner thereof; .
NOW, TTBEREFORE, Declarant hereby declares that the real property described in Article 1 is and shall be held,
transferred sold and conveyed subject to the covenants, conditions and restrictions herein after set forth:
ARTICLE 1
PROPERTY: The real property which is. -and shall be held, transferred, sold and conveyed subject to the covenants
conditions and restrictions herein after set forth is more particularly described as follows:
STRATFORD Vff LAGE:.subdivision, according to the plat of map thereof on file and of record in the office of the
County Clerk and Recorder, Flathead County, Montana:
DEFINMONS:
"ASSOCIATION" shall mean the STRATFORD VILLAGE Homeowners Association, Inc. its successors and
assigns_
"OWNER" shall mean the record owner of a fee simple title to any lot which is a part of the properties and shall
include contract buyers.
"PROPERTY" shall mean the real, property described in Article I.
"COMMON AREA" shall mean all real property maintained by the Association for the common use and
enjoyment of others, including but not limited to parks, conservation area, roadways, alleys, and other areas.
"LOT" shall mean any plot of land shown upon any recorded subdivision plat or map of the property with the
exception of the Common Area
ARTICLE 2
PURPOSE: The property is subject to the covenants condition and restrictions here by declared to insure the best
use and most appropriate development and improvement of each building site thereof to protect the owners of
building sites and to appreciate the value of their property; to preserve so far as is practicable the -natural beauty of
said property; to guard against the erection thereon of structures built of improper or unsuitable material; to insure
2002025 1c
the highest and best development of said property; to encourage and secure the erection of attractive homes
thereon; to adequately provide for a high quality of improvements of said propeny and thereby enhance the values
of improvements made by purchasers of building sites thereof. These covenants are in addition to the requirements
of the underlying zoning which is RA-4.
ARTICLE 3
LAND USE AND BUILDING TYPE: No business, trade, industrial or commercial enterprise of any kind shall be
conducted thereon. No lot shall be subdivided in any manner except that the owner of one lot may acquire, own
develop, resell and for all purposes treat as one lot an individual lot together with one half of a contiguous lot The
remaining one half cannot be developed as a half and must therefore, be combined with the contiguous whole lot
on the opposite side with the result that two larger lots may be created from three smaller lots.
DWELLING SITE. No dwelling shall be permitted on any lot, the ground floor area of which is less than 1250
square feet of living area for a single story dwelling, 900 square feet for duplexes. Multiple story dwellings may
not have less than 1�400 square feet of total living area, 1200 square feet for duplexes. No single family dwelling
shall have less than a two car enclosed garage nor larger than a three car enclosed garage. For the purpose of this
paragraph, the basement, porch, steps and garage shall not be considered part of the living area.
DWELLING CONSTRUCTION: All swellings shall be constructed on the lot and shall be permanent in nature.
Only new materials may be used, except for used brick, beams, and the lre if an integral part of the architecture of
the building. All construction shall first be reviewed and approved pursuant to the provisions of Article 6 set forth
below.
BUILDING LOCATION: No building shall be located on any lot nearer than twenty (20) feet to the front
property line, twenty (6) feet to the rear property line, or nearer than five (5) feet to any side lot line. Buildings on
corner lots shall maintain a twenty (20) foot set back from both streets. Writteu exception to this requirement may
be granted by the Architectural Control Committee.
BUILDING EXCAVATION/FOUNDATIONS. As much as possible of the excavated material created during
building construction shall be used on the lot to establish proper site drainage and terrain for landscaping. The
maximum exposed foundation above grade shall be eighteen (19) inches. All footings and foundations will be of
poured concrete or concrete block construction.
TEMPORARY STRUCTURES: No trailer, basement, tent, shack, garage, barn or other such building erected or
placed on any lot shall at any time be used as a residence, either temporarily or permanently.
VEHICLES: Mobile homes, motor homes, Unilers, large trucks, unlicenced or unsightly vehicles sha11 nat be
parked or allowed to remain along roadways or an the property. Motor homes, trailers, pickups carrying campers,
pickup campers not in use, boats and boat trailers shall be placed in a garage or outer location where they are
screened from view of the residences.
ANIMALS: No animals of any kind shall be raised, bred or kept on any lot, excepting that dogs, cats, and other
domestic animals may be Inept and raised but not for commercial purposes. Permitted animals must be confined to
the lot of their owner and not permitted to run at large.
GARBAGE: No lot shall be used or maintained as a dumping ground for rubbish. Trash, garbage or other waste
shall be.kept in covered, reasonably airtight containers. Such containers must be kept in a garage or other enclosed
area-
2
Z002025 )0"5c')O
ARTICLE 4
AGRICULTURAL COVENANTS AND RESTRICTIONS:
1 Lot owners are advised that agricultural activities are canducted in the immediate vicinity which ma,v
produce odors, noise, dust; and involve the utilization of herbicides and pesticides, which can have an
effect on this property. Adjacent farms will"rict be Iiable for odors, noise, herbicide and pesticide sprays
that are necessary in good agricultural operations, providing such sprays are applied in conformance with
approved standards by licensed applicators. Adjacent farms will not be liable for adverse ground crater
conditions caused by agricult nai practices, including normal irrigation.
2. Any authorized representative of any governmental agency shall have the right at any reasonable time to
inspect the grounds and gardens of any lots of disease -harboring plants, shrubs, or trees, an if found, to
require disposal of same by the owner.
3, Each lot owner shall control or eliminate to the extent reasonably possible any noxious weeds as
designated by state and federal law that may be growing upon their property.
ARTICLE 5
ASSOCIATION: The Association to be formed by Declarant shall have as members the owner of each lot.
Membership shall be appurtanent to and shall not be separated from owners'4 of any lot Members shall
participate in the manner prescribed by the Articles and By -Laws of the Association, and resolutions of the
Association's Board of Directors. The Association's purpose is to control, maintain, and improve the common
area and provide services and facilities to the owners as it may be determined.
PROPERTY RIGHTS: Every owner shalt have a right and easement of enjoyment in and to the common area
which shall be appurtenant to and shall pass alongmith title to every lot subject to the following:
1. The right of the Association to charge reasonable admission and other fees for the use, care, maintenance
and improvement of the common area and the furnishing of providing other services to the property.
The right of the Association to suspend the use or enjoyment of the common area or facilities and services
provided directly or indirectly by it for any period during which any fee or assessment against an owner's
lot remains unpaid, or for the continued violation of the Articles and By -Laws of the Association or the
resolutions of the Association's Board of Directors.
The right of the Association to dedicate or transfer all or part of the common area to anv public agency,
authority or utility for such purpose and subject to such conditions as may be agreed to.
4. Any owner may delegate his right of enjoyment tot the common area to members of his family, or contract
purchasers who reside on the owner s lot.
ARTICLE G
ARCHITECTURAL CONTROL COIv11v =E: The Architectural Control Committee shall consist of the
Declarant until such time as the Declarant deems feasible to assign the duties and responsibilities of said
Committee to the Association.
2002025 5 �3D
ARCHITECTURAL CONTROL: No building, fence, wall, or other structure shah be commenced, erected or
maintained upon the property, nor shall any addition to or change or alteration therein be made until plans and
specifications showing the nature, kind, shape, height, materials and location of the same shall have been
submitted -to and approved in writing as to harmony; of external design and location in relation to surrounding
structures and topography and active vegetation by the Architectural Control Committee. In the event said
Committee fails to approve or disapprove such design and location within thirty (30) days after said plans and
specifications have been submitted to it, approval will not be required, and this Article will be deemed to have been
fully complied with. Minimum plans for review will consist of Site Plan with proposed grading. Floor Plans,
Exterior Elevations identifying all finish materials. Not in compliance with the approval of the Architectural
Control Committee will not be allowed and the Committee may take any legal action necessary to assure
compliance with the approval conditions.
FENCES: Owners of lots may have fences between residences and along rear and side lot lines to the rear lot line.
The maximum, height is five (5) feet_ No fencing of any kind will be permitted on the street side of any lot from
the front of the residence to the street property line.
LANDSCAPING: No hedge, shrubs or other plantings or any fence shall be permitted which unreasonably
obstructs the view of an owner or motor vehicle drivers. All driveways shall be paved asphalt or concrete.
Landscaping shall be completed within one year of occupancy.
TELEVISION, RADIO ANTENNAS AND SATELLITE DISHES: No exterior television antennas or satellite
dishes larger than 18" in diameter will be allowed. Satellite dishes will be screened from public and neighbors
view. No exterior radio antennas will be allowed on the premises, except that each premise will be allowed to
install one exterior wNp-type antenna not exceeding 9 feet in height. In any event, no mast or guy wire, or other
operating material or stzucttue shall be permitted, except base fastening mount.
WATER SUPPLY: No individual water supply system or systems shall bee permitted on any building site. All
water service must be furnished by public water connections. Individual lot Owners are responsible to pay any
connection charges.
SEWAGE DISPOSAL: No individual sewage disposal system shall be permitted. All sewage disposal shall be by
connection to the City of Kalispell Sewer District disposal -system. Individual lot owners are responsible to pay all -
connection and monthly service charges to the sewer district.
COMMON AREA: The common areas such as parks, alleys, storm drain system, and street lighting shall be
controlled and maintained by the Association, provided that all or any part of said areas may be dedicated or
transferred to any public authority. Apex I, LLC will retain ownership of the storm retention basin until final
platting of the entire Stratford Village subdivision as shown on the Preliminary Plat. At final platting, Apex 1,
LLC may transfer the parcel to the homeowners association.
SIGNS: Except for the Declarant or its agent, no signs shall be placed on any lot except name plates and one
unlighted sign not exceeding three (3) square feet in surface area advertising the We or lease of the lot or
improvement thereon. Newspaper tubes (free standing at the curb) will not be allowed.
NUISANCES: No noxious or offensive activity shall be carried on or permitted upon any lot, nor shall anything be
done thereon which is or may become an annoyance or nuisance to the neighborhood. By way of illustration and
not of limitation, the discharge of fire arms and driving of motor cycles or snowmobiles on the common areas shall
be a nuisance within the meaning thereof.
BURNING: Open fires are not permitted on the property except for the normal burning of seasonal yard and
El
Plat Room
Flathead County, Montana
800 S. Main St.
Kalispell, MT 59901
(406) 758-5510
p aT � p`Jr
This Form is for Subdivisions & Condominiums Only p 1
BY:.-aO�C,DL�
FOR: P,n':::'X I , LL C DATE 5-2.3`02-
DESCP: bL, (PLA ;n IR-Z5-Z) PURPOSE �IVrSIa�
YEARS
1993 THRU ._._.r q q5
_ i q qLP—_ & TO DATE
ASSESSOR #
C)31ZC?DI
Dq gZg21
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) NOV 132002
CONSENT TO PLAT
We, the undersigned, GLACIER BANK, do hereby consent to the platting
of the real property described as "STRATFORD VILLAGE, PHASE 2",
attached hereto, and by this reference made a part hereof.
GLACIER BANK
BY_y`�1 `•V� -----
STATE OF MONTANA
SS
County of Flathead )
On this _ day of —_ OL6�________- 2002, before me, the
undersigned, a Notary Public for the State of Montana, personally
appeared �..�._js ----------------- , and known to me to be
of GLACIER BANK and who
subscribed _ __ name to the within instrument and acknowledged to me
� that __ xecut d the same for said Corporation.
— _-- - 41— --,Q 4— t - 7;,--•
Not y Public the State of
Resi in7 at f�en-,fl5�P.f]_.... .._
My Commission Expires _-- 1 - _—_CRU
O Mountaln West Bank 009545
Jackola Engineering & Architecture, P.C. P.0.Box7070
P.O. Box 1134 Kalispell, MT 59904-7070
1830 Third Ave. East, Suite 302
f Kallspell, Mt 59903-1134 93-163 / 929 .1/2/2003
PAY TO THE a
ORDER OF R**250.00
Teve-1-4-UR&ed W4 and _owl
.Ua***s+;f***************DOLLARS
CITY OF KALISPELL
KALISPELL, MT 59901
110009 54 5h'
1:09 290 16 381: 50
WT1
APPEX I, L.L.C.
10 E ROANOKE ST, STE 8 2D6322-59T7
SEATTLE, WA 9BI02
5047
9B-B19I1251
It 0 Z DATE
PAY ` �y _
TOTER y1_ AL � S��L�- � � S 37 �
ORDER OF
T Vi onp 0 U-ell-0 DOLLARS
4fBANNER BANK
10725 Main Street
Bothell, WA 99911
PMAt C ?--
FOR PA" LjNr-o— e ,�sr; 1 H L► Ly - -- ---
11■00 504 ?v 4 L 2 5 L08 L9 LI: 020700 2 L. 211■
GUARANTEE
$� AMEN
irstAmerican Title Insurance COMPany
BY
*'I
hi
al. '
H
�255F75
Form No. 1282 (Rev. 12115j85)
FILE NO.: CT-72612
CT-72612 FEE: $125.00
H 329575
SUBDIVISION OR PROPOSED SUBDIVISION: Stratford Village -Phase 2
SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE LIMITS OF LIABILITY, AND OTHER
PROVISIONS OF THE CONDITIONS AND STIPULATIONS HERETO ANNEXED AND MADE A PART
OF THIS GUARANTEE, FIRST AMERICAN TITLE INSURANCE COMPANY, A CORPORATION,
HEREIN CALLED THE COMPANY GUARANTEES:
Jackola Engineering & Architecture, P.C.
FOR THE PURPOSE OF AIDING ITS COMPLIANCE WITH FLATHEAD COUNTY SUBDIVISION
REGULATIONS, IN A SUM NOT EXCEEDING $5,000.00.
THAT according to those public records which, under the recording laws of the
State of Montana, impart constructive notice of matters affecting the title to
the lands described as follows:
A tract of land located in the South Half of the Northwest Quarter and in the
Northeast Quarter of the Southwest Quarter of Section 19, Township 28 North,
Range 21 West, P.M.M., and more particularly described as follows:
Commencing at the center North one -sixteenth corner of said Section 19 and
which point is indicated by a found 5/8" re -bar; thence
Southerly on and along the West boundary of Lots 41 thru 36 of South Meadows
Subdivision, a plat of which is on file with the Flathead County Clerk and
Recorders Office, the following Five (5) courses:
South 00'05157" East, a distance of 120.19 feet to a found 5/8" re -bar;
South 00'21'25" East, a distance of 59.97 feet to a found 5/6" re -bar;
South 00'25'48" East, a distance of 61.87 feet to a found 5/8" re -bar;
South 00`08'10" East, a distance of 61.99 feet to a found 5/8" re -bar;
South 00'21'28" East, a distance of 51.63 feet to a found 5/8" re -bar and
which point is the Southeast corner of Lot 67A of the Amended Subdivision
Plat of Lot 67, Stratford Village, Phase I and which point is the True
Point of Beginning; thence
South 88'19'32" West, and leaving said West boundary of South Meadows
Subdivision, and on and along the South boundary of said Lot 67A, a
distance of 80.06 feet to a found 5/8" re -bar and which point is the
Southwest corner of said Lot 67A; thence
North 00'17'08" West, on and along the West boundary of said Lot 67A, a
distance of 59.46 feet to a point; thence
South 88*19132" West, a distance of 553.68 feet to a point; thence
North 00'17'08" West, a distance of 110.00 feet to a found 5/8" re -bar;
thence
North 03'09137" East, a distance of 66.24 feet to a found 5/8" re -bar; thence
North 00'16'51" West, a distance of 120.38 feet to a found 5/8" re -bar and
which point lies on the North boundary of said South Half of the Northwest
Quarter; thence
Continued...
FILE NO.: CT-72612
PAGE 2
H 329575
South 88'24'51" West, on and along said North boundary, a distance of 268.00
feet to a set 5/8" re -bar; thence
South 00'17'08" East, a distance of 465.20 feet to a set 5/8" re -bar; thence
South 39'19'11" East, a distance of 111.91 feet to a set 5/8" re -bar; thence
North 88'19'32" East, a distance of 687.18 feet to a point; thence
South 00°17'08" East, a distance of 88.94 feet to a point; thence
North 88*19132" East, a distance of 140.00 feet to a set 5/8" re -bar and
which point lies on the West boundary of Lot 32 of said South Meadows
Subdivision; thence on and along the West boundaries of Lots 32 through 36
of said South Meadows Subdivision, the following Five (5) courses:
North 00*14129" West, a distance of 79.06 feet to a found 5/8" re -bar;
North 00'15'38" West, a distance of 80.09 feet to a found 5/8" re -bar;
North 00'22'16" West, a distance of 55.29 feet to a found 5/8" re -bar;
North 00'11'53" West, a distance of 55.07 feet to a found 5/6" re -bar;
North 00'21'28" West, a distance of 17.00 feet to the True Point of
Beginning.
THE ABOVE DESCRIBED TRACT OF LAND IS TO BE KNOWN AND DESIGNATED AS:
Stratford Village -Phase 2
(1) Parties having record title interest in said lands whose signatures are
necessary under the requirements of Flathead County Subdivision Regulations
on the certificates consenting to the recordation of Plats and offering for
dedication any streets, roads, avenues and other easements offered for
dedication dedication by said Plat are:
Apex I, L.L.C.
Glacier Bank.
(2) Parties holding liens or encumbrances on the title to said lands are:
NOTE: General and special county and city taxes for the year 2002 and all
prior years have been paid in full.
1. Deed of Trust dated January 15, 2002, to secure an indebtedness in the
principal sum of
AMOUNT $450,000.00, and any other amounts and/or obligations secured
thereby.
RECORDED January 17, 2002, as Doc. No. 2002-017-14210,
records of Flathead County, Montana.
GRANTOR Apex I, LLC
TRUSTEE Flathead County Title Company
BENEFICIARY: Glacier Bank
AFFECTS : Premises and other property
Continued...
FILE NO.: CT-72612
PAGE 3
H 329575
(3) Easements, claims of easements and restrictions agreement of record are:
1. Resolution by the Transportation Commission of the State of Montana for
designation of limited access highway, recorded November 14, 1997, as Doc. No.
1997-318-10050, records of Flathead County, Montana.
2. Easement for 60 foot private road and utility on Certificate of Survey No.
12064.
3. Easement for Kalispell By -Pass Route on Certificate of Survey No. 13423.
4. Developer Extension Agreement upon the terms, conditions and provisions
contained therein:
DATED May 281 1996
PARTIES City of Kalispell and U.S. Partnership II
RECORDED: June 5, 1996, as Doc. No. 96-157-11320,
records of Flathead County, Montana.
5. The effect of restrictions contained in Certificate of Subdivision Plat
Approval recorded with the proposed Plat of Stratford village, Phase 2,
records of Flathead County, Montana.
6. Utility Easement Certificate as shown on the proposed Plat of Stratford
Village, Phase 2.
7. Easement for Right of Way Easement and the right to enter upon that land
and together with the right to extend power to adjacent properties and to
place, construct, operate, maintain and relocate thereon an electric
transmission and distribution line granted to Flathead Electric Cooperative,
Inc., recorded June 11, 1999, as Doc. No. 1999-162-08450, records of Flathead
County, Montana.
B. Resolution No. 4587 executed by the City of Kalispell for annexation of
certain real property, recorded October 18, 2000, as Doc. No. 2000-292-13280,
records of Flathead County, Montana.
9. Zoning requirements and road utility easements as shown on the proposed
plat of Stratford Village, Phase 2.
Continued...
FILE NO.: CT-72512
PAGE 4
H 329575
10. The above described property is located within and subject to the
jurisdiction of the Kalispell Fire District.
DATED: November 22, 2002 at 8:00 A.M.
STATE OF MONTANA )
)ss.
COUNTY OF Flathead )
On this day of tMMU, 00 , before me, a notary public in and for
said State, personally appeared e W(}i5 i'Yl.�)f'11Z�/iS _known to me to be
the person(s) whose name(s) are subscribed to the within instrument and
acknowledged to me that he/she executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official notary
seal the day and year in this certtificate first above written.
{
No Public for State of Montana
NIIfN
TRACY&MARTIN
NOTARY FL& C�MONMANA
*; NOTAEilA4+k=
SEAL psw" al l(e va5, mmbam
� ......... W Camm. BOm Aug. i5, 2005
tips
THE END
IC'g�g
0
R MR A;nm RRR PEA A R8ER � @y
e• e e m•• o Kl g � ,Yil
U
SMOOV3W H1ROS
tig '� SSM1b IN
?YdW 6�1:k!!S • 3iif? g fE�'L17J
y m
w
�TM y :IFTk
6i]�G
i0.4fY
i�IBd7
A
010