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Staff Report/Final Plat Phase 3 (05/03/04)Tri-City Planning Office 17 Second Street East - Suite 211 Kalispell, Montana 59901 Phone: (406) 751-1850 Fax: (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 3 MEETING DATE: May 3, 2004 BACKGROUND: This is a request for final plat approval of Stratford Village Subdivision Phase 3 which plats 58 Lots on approximately 12.50 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. Phases 1 and 2 of Stratford Village were approved by the Kalispell City Council in January of 2002 and January of 2003 respectively and have been developed fairly quickly. This first phase included the extension of Bluestone Street from South Meadows to the east and the extension of Deaver 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. This third Phase lies in the southern portion of the site. 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 408,712.50. The letter of credit has been received from Banner Bank of Bothell. A proportionate share of the cash -in -lieu of parkland is being paid with this first phase in the amount of 11,250, which is based on the area in lots of 4.238 acres with an estimated unimproved value of $12,070 per acre. 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 net or otherwise adequately addressed through the subdivision improvements agreement. Providing Community Planning Assistance To: = City of Kalispell a City of Columbia Falls . City of Whitefish Final Plat for Stratford Subdivision Prase 3I April 28, 2004 Page 2 RECOMMENDATION: A motion to approve the final plat for the Stratford Village Phase 3 and to accept the subdivision improvements agreement would be in order. FISCAL EFFECTS: ALTERNATIVES: Respectfully submitted, Narda A. Wilson Senior Planner Minor positive impacts once developed. As suggested by the city council. Report compiled: April 28, 2004 Chris A. Kukulski City Manager Attachments: Letter of transmittal Final plat application and supporting documents Tri-City Planning Office 17 Second Street East — Suite 211 Kalispell, Montana 59901 Phone: (406) 751-1850 Fax: (406) 751-1858 tricity(a.,centu rytel. net April 28, 2004 Chris Kukulski, City Manager City of Kalispell P.O. Drawer 1997 Kalispell, MT 59901 Re: Final. Plat for Stratford Village Subdivision Phase 3 Dear Chris: Our office has received an application from Jackola Engineering for final plat approval of Stratford Village Subdivision Phase 3 that plats 58 lots on approximately 12.50 acres from the 102 lot residential subdivision. This phase of Stratford Subdivision lies in the southern portion of the site. Phase I of Stratford Village included the extension of Bluestone Street to connect with Denver Avenue providing a connection between the South Meadow's area and Sunnyside Drive. Phase 2 lies to the south of Bluestone and to the north of this phase. A proportionate share of the required cash in lieu of parkland dedication was submitted with the final plat application in the amount of $11,250. 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 $408,712.50. The remaining improvements are anticipated to be fully completed by January 15, 2005. 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 3 of the subdivision is in substantial compliance with the preliminary lot layout and roadway design. Providing Community Planning Assistance To: • City of Kalispell • City of Columbia Falls • City of Whitefish • ]Final Plat for Stratford Village Subdivision Phase 3 April 28, 2004 Page 2 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, rrn drainage, sidewalks and a minimum five foot landscape boulevard with streei -es placed in 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 September 24, 2003 and a letter from the Kalispell Public Work Department dated August 27, 2003 have been submitted with the final plat application. Condition No. 5. 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 all phases of the subdivision. Condition No, 5. 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. Final Plat for Stratford Village Subdivision Phase 3 April 28, 2004 v Page 3 • 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. 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 has 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 $11,250 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.. Final Plat for Stratford Village Subdivision Phase 3 April 28, 2004 Page 4 • 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 4/28/04 approving the location, and space of the hydrants and has been received for this subdivision. Condition No. 13. That a minimum of two-thirds of the necessary infrastructure for this subdivision shall be completed prior to final plat approval. This condition has been met. More than two-thirds of the necessary infrastructure for this phase of the subdivision has been completed and certified by the engineer for the project. The remaining improvements have been guaranteed with a subdivision improvements agreement and a letter of credit in the amount of 125 percent or approximately 408,712,50. Condition No. 14. That a homeowners association be established for the maintenance of the common area based upon a pro -rates share of costs. This condition has been met. A declaration of covenants and an agreement have been submitted with the final plat application and were filed at the clerk and recorders office with the final plat of Phase 1 that covers the entire subdivision.. Condition No. 15. That a building envelope be delineated on the final plat indicating the required setbacks on the corner lots in the subdivision. This condition has been met. The setbacks have been indicated on the final plat for the corner lots. Condition No. 16. All areas disturbed during development of the subdivision shall be re -vegetated with a weed -free mix immediately after development. This condition has been adequately addressed. The revegetation of disturbed areas has been included in the subdivision improvements agreement and will be completed in the spring after the improvements have been completed. Condition No. 17. That preliminary approval shall be valid for a period of three years from the date of approval. As each phase of the plat is filed, the preliminary plat approval shall be extended an additional three years from the date of filing. This condition has been met. The final plat for this subdivision has been submitted prior to expiration of January 6, 2006 and will extend the preliminary plat approval for another three years from the date of the approval. Final Plat for Stratford Village Subdivision Phase 3 April 28, 2004 Page 5 COMPLIANCE WITH APPROVED PRELIMINARY PLAT The final plat is in substantial compliance with the preliminary plat which was reviewed and approved by the City Council on October 2, 2000. 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 as well as the uses. RECOMMENDATION: All of the conditions of preliminary plat approval have been met or otherwise adequately addressed. The staff would recommend that the Kalispell City Council approve the final plat for the Stratford Village Phase 3 and accept the subdivision improvements agreement as submitted. Please schedule this matter for the regular city council meeting of April 5, 2004. Sincerely, Narda A. Wilson Senior Planner NW/ Attachments: Vicinity map I. opaque rxaylars of final. plat 1 reproducible mylar of final plat 1 copy of final plat Ltr from. Jackoa Eng dated 3 / 26 / 04 Final plat application dated 2 / 17 / 04 Ltr from Env Health Svcs dated 9/24/03 Ltr from Kalispell Public Works Dept dated 8/27/04 Ltr from Kalispell Public Works Dept dated 4/27/04 Ltr from :Kalispell Fire Dept dated 4/28/04 Final Plat for Stratford Village Subdivision Phase 3 April 28, 2004 Page 6 Engineer's certification on improvements dated 3/ 12/04 Subdivision improvements agreement and certification Letter of credit from Banner Bank dated 3/ 18/04 for $408,712.50 Treasurers Certification dated 3 / 26 / 04 Title report dated 2 / 24 / 04 Cash in lieu of parkland check for $11,250 c: Jackola Eng, Box 1134, Kalispell, MT 59901 Apex 1, LLC Norm Sanderson, 10 E. Roanoke St, #8, Seattle WA 98102 Theresa White, Kalispell City Clerk H:\...\KFP0403.DOC SUBDIVISION IMPROVEMENT AGREEMENT STRATFORD VILLAGE, PHASE 3 THIS AGREEMENT, made and entered into this ----- day of _ __ _________ 2004, by and between the CITY COUNCIL, CITY OF KALISPELL, MONTANA, Party of the First Part and hereinafter referred to as the CITY, and 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 the recorded subdivision known as "STRATFORD VILLAGE, PHASE 3", located in the West Half of Section 19, T28N, R21W, Pivl,M, Flathead County and, WHEREAS, the City has approved the final plat of "STRATFORD VILLAGE, PHASE 3", 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 $862,798.20. 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 $408,712.50. 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 $408,712.50, the estimated cost of completing the required improvements in "STRATFORD VILLAGE, PRASE 3". 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 JANUARY 15, 2005, 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 WITNESS WHEREOF, -the Parties have hereunto set their hands and seals the day and year herein beforrtten. 6F �` — --- y` — ------------- STRA&FORD VIL ALE, PHASE 3 NORMAN SANDERSON APEX 1, LLC STATE OF MONTANA } SS COUNTY OF Flathead ) On this _�%day of _ g�_Y._c'.r_.�_, 2004, before me, a ;Votary 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 her r*KU0 e�y""a and affixed my Notarial Seal ,th day and year first above written. I i � R94Lri Not y Public for the State of Montana j ® Residing at Kalispell, Montana j' My Commission Expires 6/18/2007 OF U MAYOR, CITY OF KALISPELL ATTEST: By-------------------------------- By: Mayor Finance Director E7HiIBIT A 4/15/04 ENGINEERS ESTIMATE OF CONSTRUCTION PROGRESS PHASE 1 (16 Lots), PHASE II (27 Lets), & Phase III (58 Lots) STRATFORD VILLAGE SUBDIVISION, KALISPELL, MONTANA PHASE I PHASE II PHASE III ITEM EST, TOTAL COST PERCENT COMP REMAIN EST. TOTAL COST PERCENT COMP REMAIN EST. TOTAL COST PERCENT COMP REMAIN 1. Roads a. Exc and Grade to Subbas 68,000.00 100°/a -0- b. Base, Crush Rock 22,568.00 100% -0- 43,509.00 100%. -0- 54,90Q.00 62% 20,862.Dp c., Pavin 34,020.00 100% -0- 65,589.00 8D,500.00 -0- S0,S00.00 d. Sidewalks 19,809.00 100% -0- 61,245.00 100% -a- 74,000.OD 0- 74,0QO.Dp e. Site Concrete /Lights and Bases 6,Q0D.OQ 100°/a 0- 14,534.00 100°/a 0- 18,800.00 43% 10,716,00 e. Curbs 11,600.00 100% -0- 39,832.00 100% -0 S4,OQ0.00 -0- 54,000,00 2. Alleys a. Base, Crush 4,346.D0 ]00°/a 0 9,596.00 10Q°/a -Q- 7,900.00 20% 6,320.00 b. Pavin 3,370.00 0% -0- 7,370.00 100% 0 8,300.00 0- 8,300.00 3. Sewer a. Manholes 12, 000.00 100% -0- Sewer total: 1 Qp% Sewer total: 20,D00.00 100°/a 0 b. 10" Sewer Mains 16,290,00 100°/a -0- 45,115.00 IOU% -0- 6,300.00 100°/a -0- c. S " Sewer Mains 6,440.00 100% -0- 100% 28,300,00 100% 1 -0- d. Services 10,800.00 100% -0- 100°/a 49,200.00 100% C. Lift Station 78,000.00 84% 12,480.00 4. water a. 8" Water Mains 18,176.00 100% -0- Water total: 100% Water total: 43,900,00 100% -0- b. 8" V71Ves 5,600.00 100% -0- 64,274.00 100% -0- 5,600.00 100% -0- c. 6" Hy drams with valves 9,000.00 100% -0 100% 20,500.00 100% -0- d. Services 12,000-00 100% 0- 100% 55,000.00 100% -0- 5. Storm 'Water a. 12" Main 6,630.00 100% -0- Storm total: 100% Storm total: 1,600.00 100% -0- b. 10" Main 5:612.00 100°/a -0- 17,792.00 100% -0- 7,200.00 100% -0- c. 8" Main 10,304.00 100% -0- 100% 17,300.00 100% -0- d. Catch Basins 8,500,00 100% 0- 100°/a 12,800.00 100% -0- e. Manholes and Tanka a 16,800.00 100°/a 0- 100% 18,000.00 100°/a -0- f. Retention Basin 5$,646.00 100% -0- 6. Postal Service a. Mailboxes and Mounting 0 100% -0- 7, Si na e a. Street Signs 0 100% -0- 3,200.00 100% -0- 4,7QO.OD 0- 4,700.D0 b. Traffic signs 0 10D% -0 4,800.00 100°f° -0- 6,000.00 -0- 6,000.00 $. I�ndsca e t a. Trees } 1D0% Q- 11,300.0D 100% 0- 1$,2D0.00 -D- 18,20D.00 b. Seeds and Repair 1Q0% 0- 2,IOO.OD 100% 0- 24,600.00 D- 24,600.00 9. Utilities a. Electric 100% -0- 37,537,00 100% -0- 50,287.00 100% -0- b. Gas 100% -0- 18,538.00 100% -0- 16,211.25 100% -0- e. Tel hone 100% 1 -0- 13,912.00 100% -0- 18,299,95 100°/a -0- d. Cable 3,000.00 100% -0- 4,000.00 100% -0- 6,000.00 100% -0- e. Trench, Conduit.,Vaults. 40,289.00 100% -0- 48,400.00 87% 6292.00 Subtotal 310,365.00 165% -0- 506,632.00 100% -0- 981,444.20 326,970.00 PHASE is Security Amount Required -0- PHASE II: Security Amount Required -0- PHASE III: Security Amount Required(1.25) 326,970.00 408,712.50 March 26, 2004 C 0 J Survey`n9•� J Mr. Tom Jentz Tri-City Planning Office 11 Second St. East, Suite 211 Kalispell, Montana S9901 Re: Final. Plat STRATFORD VILLAGE, PHASE 3 Sec. 19, T28N, R21W, PMM,M, City of Kalispell Dear Tour(: Enclosed for your review is the data for Final Plat review on the above referenced Subdivision. Phase 2 was recorded on January 7, 2003. The following conditions for approval are as follows: 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. The Subdivisioan, is in compliance with the conditions of approval.. 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 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 (P)406.755.3208 (F)406.755.321 8 Po eoxi 1 34 -1 83❑ 3"O AvE E SUITE 302, KALJSPI�LL,MT. 599❑ f 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. See enclosed Engineers Report and Letter of Credit 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. See enclosed Letter of Credit and Engineers Report. 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. See enclosed approval. 5. 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. See enclosed letter 5. 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. No Permits Required 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 is included in the Subdivision Improvement Agreement. (P)406.755.320® (r)406.755.321 8 PO SOXI 134 -1 830 33tl AVE E SUITE 302, KALISPELL,MT,59901 8. The development shall provide a plan for mail service approved by the U.S. Postal Service. See enclosed letter 9. Street lighting shall be located within the subdivision and shall be shielded so that it does not intrude unnecessarily onto adjoining properties. This is included in the Subdivision improvement Agreement. 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. Phase 1 paid $3,600.00, Phase 2 paid $5,625.00 This phase is paying $11,250 for a total of $20,475, Phase 4 to pay remainder of $4,348 11. All utilities shall be installed underground. This is included in the Subdivision. Improvement Agreement. 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. See enclosed letter. 13. That a minimum of two-thirds of the necessary infrastructure for this subdivision shall be completed prior to final plat approval. IP)406.755.3208 (F)406.755-321 8 PO Sf3xl 134 -11330 3R° AVE E SUITE 302, KAL$5PELL,MT.59901 See enclosed Engineer's letter. 14. That a homeowners association be established for the maintenance of the common area based upon a pro -rates share of costs. This has been done by previous Phases and these Lots will be added to the association. 15. That a building envelope be delineated on the final plat indicating the required setbacks on the corner lots in the subdivision. See face of plat. 16. All areas disturbed during development of the subdivision shall be re -vegetated with a weed -free mix immediately after development. This is included in the Subdivision Improvement Agreement, 17, That preliminary approval shah, be valid for a period of three years from the date of approval.. As each phase of the plat is filed, the Preliminary plat approval shall be extended an additional three years from the date of filing. This condition has been met. Should you have any questions, please do not hesitate to contact me. Thank you. I remain . �ncerely, dames H. Burton fP1406-755.92L78 fF1406,755.321 6 PO 5C�Xl 1 34 -1630 3" AVE E SUITE 302, KALt5PELL,MT.59901 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: STRATFORD VILLAGE, PHASE 3 Contact Person: Owner: Narne:Jackola Enginee m & Arch. Address: P.O. Sox 1134 Kalispell, Montana 59903 Phone No.: 755-3208 APEX 1 LLC 10 East Roanoke St. #8 Seattle, Washington 98102 _ 206-322-5977 Date of Preliminary Plat Approval: Phase 2 Filed JanuM 7 2003 Type of Subdivision: Residential X Industrial No. of Lots Proposed 58 Parkland (ac.) Land in Project (ac.) 12.499 Ac. Cash -in -Lieu Exempt FILLING FEE ATTACHED $ 3,020.00 Commercial PUD Other _N1A $ 11,250.00 Minor Subdivision with approved preliminary plat $400 + $40/lot Major Subdivision with approved preliminary plat $650 + $40/lot Subdivisions with Waiver of Preliminary Plat $600 + $40/lot Subdivision Improvements Agreement $ 50 Not Attached A 1pp cable (MUST CHECK ONE X Health Department Certification (Original) X Title Report (Original, not more than 90 days old) X Tax Certification (Property taxes must be paid)l) X Consent(s) to Plat (Originals and notarized) X Subdivision Improvements Agreement (Attach collateral) X Parkland Cash -in -Lieu (Check attached) X Maintenance Agreement X Plats: 1 opaque OR 2 Mylars 1 Mylar copy 1 blueline 1 blueline 4 blueline, unsigned 1 1 l X 17 copy 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 Trial 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 F.C.P.Z. 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. 1 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 F.C.P.Z. 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. Apex 1, LLC 1-7 .0 NOR?d SANDERSON 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 CAB on 4/5/00 Effective 6/ 1 / 00 2 m -F City of Kalispell a Post Office Box 1997, Kalispell, Montana 59903-19971 -'telephone (406)758-7i20, Fax (405)758-'1831 April 27, 2004 APEX 1, LLC 10 East Roanoke Street, No. 8 Seattle, Washington 98102 Attention: Norman Sanderson RE: Stratford Village, Phase III Kalispell, Montana Dear Mr. Sanderson: Based upon Jackola Engineering's letter dated March 12, 2004, Exhibit A of the Subdivision Improvement Agreement, and today's on -site observation of the referenced project site, it is our opinion that the per cent construction completion of the items listed for Phase III are reasonable. If you have any questions, please do not hesitate to contact this office. SincereI , Frank Castles, P.E. Assistant City Engineer KALISPELL FIRE DEPARTMENT Randy Brodehl - Fire Chief Jim Stewart - Assistant Chief!Prevention Dee McCloskey — Assistant Chief/Operations April 28, 2004 Jackola Engineering & Architecture PC 1830 3rd Avenue East Kalispell, MT 59901 Attn: Thor Jackola Re: Final plat approval — Stratford Village Dear Thor, 312 First Avenue East Kalispell, Montana 59901 (406)758-7760 FAX: (406) 758-7952 In response to your request for final plat approval of the above -reference project we have the following information. • Fire hydrant locations and fire department access are approved by this department. Please contact me if you have any questions. Sincerely, Jim Stewart Assistant Fire Chief/Fire Marshal Kalispell Fire Department cc: Narda Wilson, Tri-City Planning Office Assisting our e mmunin in reducing, preventing, and mitigating emergencies. ' Environmental Health Services 1035 First Avenue West Kalispell, MT 59901 (406) 751-8130 Fax; 751-8131 Wednesday, September 24, 2003 Thor Jackola Jackola Engineering P. O. Box 1134 Kalism-Al, MT 59901 Re. Stradford Village Phase III, Water & Sewer Main Exts., Proj. # Ffl-03-12 1-;ear Thor: Administration 751-8101 FAX 751-8102 Community Health Services 751.8110 FAX 751-8111 Reproductive Health Services 751-8150 FAX 751-8151 WIC Services 751-8170 FAX 751-8171 The engineering; report. plans, specifications 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 a sewage lift station and Water & Sewer Main Extensions as shown on plans prepared by Jackola Engineering and received by this office on 8/1.9/03. The plans were submitted under the seal and stamp of Thor Jackola, P.E. # 3335E. Approi al is given with the understanding that any deviation from the approved plans and spec�.fications will be submitted to the department for review and approval. Prior to commencing use .)f any portion of a new public system, the owner or his engineer, shall certify by letter to the De',artrnent that the portion of the system to be put into use was built in accordance with app-k ,ved plans and specifications. As -built drawings for the portion of the system put into use MN -A be provided to the Department within 90 days after the date of initial use. Within. 90 days r: cer 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 k, the mission of the Flathead City -County Health Department to assure the conditions in which people can be heatny through collaboration, promoting stewardship of our resources, and providing preventive health services to our community. 03/1.2 - 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 MASTER FLAN EXEMPTION CERTIRCATE OF THE AVAiLAELITY pF tvIUNIGIPAL SERVICES In accordance with ARM 17.36.602, the following information is provided to the Department of Health and Environmental Sciences for their consideration of the subdivision: 1 _Name of Subdivision: Stratford Village, Phase 3 Location of Subdivision: (See attached location map) SE'l¢ NW '!4 Section 19, Township 28 North, Range 21 West 2. Name and address of the applicant: Apex 1, LLC 10 East Roanoke St., Seattle, W a. 98102 3. Name and address of Individual(s) or Firm to Receive Correspondence Jackola Engineering P.O. Box 1134 Kalispeil, Montana 59901 4. Copy of the preliminary or final plat: Attached _X_, 5. Number of parcels in the subdivision_ 58 6. This property is within a R-4 zone., A copy of the zoning ordinance is attached. 7. The City of Kalispell hereby certifies that adequate rnunidpai facilities are available (or will be within one year) to provide the following services to the subdivision: Water Supply Yes No Sewage Disposal Yes No Solid Waste Disposal Yes No 8. Method of financing extension of water and/or sewer mains: A water main already exists in the right-of-way adjacent to this subdivision. No extension of a water main is required_ The property owner will bear the cost of water service line installation. XA water main extension is required_ The cost of the extension will be financed by the OmeriDeveloper. A sewer main already exists in the right-of-way adjacent to this subdivision. No extension of a sewer main is required. The property owner will bear the cost of sewer service line installation. X A sewer line extension is required. The cost of the extension will be financed by the Owner/Developer., 9. Date of Certifcatb : ! L S te✓ 10. Certified by: City of Kalispell 2002025 DECLARATION OF COVENANTS, CONDITIONS YD REES11RICTIONS STPUTFORD VILLAGE This declaration is made this day of December, 2001, by the undersigned, Apex F r. r C, of Seattle, Washington, herein after referred to as `°Declarant', 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 WHEREAS,, the Declarant is desirous of subjecting said real property to the covenants, conditions and restrictions herein -after set forth, 4ach of which is and are for the benefit of said property and for cacti 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, THEREFORE, Declarant hereby declares that the real property described in Article l 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 shad be held, transferred, sold and conveyed subject to the covenants conditions and restrictions herein after set forth is more particularly described as follows: S".IRATFORD VILLAGE: 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: DEFINITIONS "ASSOCIATION' shall mean the STRATF'ORD VILLAGE Homeowners Association, Inc. its successors and assigns. "OWNER" shall mean the record owner of a .fee simple title to any tot which is a part of the properties and shall include contract buyers. "PROPERTY' shall mean the real property described in Article 1. "CON MON AREA" shall meant ail real property maintained by the Association for the conimou 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 etch 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 gourd against the erection thereon of structures built of improper or uns itabie material; to insure the Highest and best development of said proper y', to encourage and secure the erccction of attractive homes thereon; to adequately provide for a high quality of improvements of said propem° and thereb-v ;nuance the values of improvements made by purchasers of building sites thereof. These covenants are in addition rc e requirements of the underiving zoning which is R-A-4. ARTICLE 3 LAND USE AND BLUDING TYPE: No business, trade, industrial or commercial enterprise of any rind shall ire 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 rimiaining one half :,armor be developed as a bzjf and must therefore, be cocubmcd with die contiguous whole lot on the opposite side with the result that two larger lots may be created from three ;mailer lots. TDWELLING SITE: No dwelling shall be permitted on any lot, the ground floor area. ofwhich .is less than 1250 square feet of living area for a single story dwelling, 900 square fect for duplexes. Multiple story dwellings may not have less than 1400 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 basememn porch, steps and garage shalt not be considered part of the living area. DWELLING CONSTRUCTION: All swellings shall be constructed on the lot and shall be permanent m nature. Only new materials may be used, except for used 'brick, beams, and the like 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 (b) 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 bath streets. Written exception to this requirement may be granted by the Architectural Control Committee. BUILDING EXCAVA'T"ION/ OLTNDATIONS: As much as possible ofthe excavated material created during building construction shall be used on the lot to establish proper site drainage and terraict for landscaping. The mom mum exposed foundation above grade shall be eighteen. (19) inches, All footings and foundations will be of poured concrete or concrete block construction. TE1WORARY STRUCTURES: No trailer, basement, teat, shack, garage, barn or other such {wilding erected or placed on any lot shall at any time be used as a residence, either temporarily or permanently. VMCLES: Nlobile potties, motor harries, trailers, large trucks, mlicenced or unsightly vehicles shall not be parked or allowed to remain along roadways or on the property. Motor homes, trailers, pickups carrying campers, pickup campers not in use, boats and boat trailers shall be placed in a garage or other location where they are screened from view of the residences. ANLMALS: No animals of anv kind shall be raised, bred or kept on any lot, excepting that dogs, cats, and other domestic animals may be kept 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 mast be ,kept in a garage w outer enclosed area. 2 ARTICLE 4 AGRICULTURA'1 COVENANTS AND RESTRICTIC1vS: i. Lot owners are advised that agricultural activities are conducted in the immediate vicinitt, which may produce odors, noise, dust; and involve the utilization of herbicides and pesticides, which can have an e$ect on this property. Adjacent farms will' not be liable 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 water conditions caused by agricultural practices, including normal irrigation- ?. Any authorized representative of any governmental agency shall have the nght at any reasonable time to inspect the grounds and gardens of any lots of disease -harboring plants, shrub& 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 lain that may be growing upon their property. ARTICLE 5 ASSOCIATION: The Association to be farmed by Declarant shall have as members the owner of each lot. Membership shall be appartanent to and shall not be separated from owncrs�dp 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 mat, be determined. PROPERTY RIGHTS: Every owner shall have a right and casement of enjoyment in and to the cotamon area which shall be appurtenant to and shall pass along�with title to every lot subject to the following: 1. T he 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. Z. 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. 3. The right of the Association to dedicate or transfer all or part of the common area to any 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 farmly, or contract purchasers who reside on the owner's lot. ARTICLE b ARCHITECTLRAL CONTROL, C01\IMI`IT1rE: 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. STRATFORD VTI T AGE SUBDPiTSION TO WHOM IT MAY CONC MIN: JACKOLA ENGMERING & ARCHITECTURE, PC HAS BEEN AURTHORIZED AS THE ENGINEER OF RECORD FOR THE STRAT FORD VILLAGE PROJECT AND WILL BE tV0NI'TORf IG `rAlS PRO.lECT'S DEVELOPMENT AS TBE ENCiNEER OF RECORD. AU7HC3.i FD BY: APEX I, LLC NORMAN C. SANDER.SON +M�aiY�iliYgiYlE•� APEX 1, LLC _ -Fz OWNER SOT Aft y ••.9 ti �ely PU E3 C qY." Z _ - _ _ I ? 'l. y op ST OF City of Kalispell Public Works Department i Post Office Box 1997, KahspelL Montana 59903-1997 - Telephone (406)758-7720, Fax (406)755-7831 August 27, 2003 Thor Jackola, P.E. Jackola, P.C. P.O. Box 1134 Kalispell, Montana 59903 Via fax: 755-3218 RE: Stratford Village, Prase M Kalispell, Montana Dear Thor; We have reviewed the documents transmitted on August 19, 2003, for the referenced project. The following comment should be addressed prior to our finalizing the review. Street C1.3 The ditch shown on the plans must be within a drainage easement. We look forward to your reply, in order to complete the review process. if you have any questions, please do not hesitate to contact this office. Sincerely, Frank sties, P.E. Assistant City Engineer os Q�y�t�m> SurveY'"'g�"a ads March 12, 2004 Tri-City Planning Office Attn: Mr, Tom Jentz, Director 17 Second Street East Suite 211 Kalispell, Montana 59901 RE: + Stratford Village Subdivision --- Phase III --- 58 Lots • Phase I — 16 Lots, R4 zoning, Recorded + Phase 11 — 27 Lots, R4 zoning, Recorded + Engineers estimate for bond amount for completion of Phase III to file final plat. Resolution No. 4586 Dated 10/02/00. Dear Mr. Jentz; This letter is an Engineer's Certification, Estimate of Costs together with a letter of credit being provided in the amount of $408,712.50 to the city as security for Phase III work completion. The intent is to file for final plat on Phase III along with requesting release of the letter of credit amounts of ($4,212.50) Phase I and ($14,462.50) Phase II as this work is now complete. 1. The roadways serving the subdivision are and will be constructed to the City of Kalispell Standards. The project includes the construction of the in place retention basin for the entire subdivision, plus a portion of drainage received from the Sunnsyside Subdivision to the north. 2. All necessary easement are provided and are shown on final plat. 3. Certificates of approval are provided for Montana DEQ and the City, of Kalispell. 4. Storm drainage has been designed by a licensed engineer and approved by the City of Kalispell, Department of Public Works. 5. Approval for the extensions of Denver Avenue and Bluestone was completed under Phase I of Stratford Village and are in use. I 6. These traffic signage and street signs will be provided and installed with coordination and in approval with the City Public Works Department. 7. The mail boxes are provided and in place per postal service requirements. 8. Street lighting has been provided throughout Phase I and Phase 11, and Phase III. 9. Check in the amount of $11,250.00 is provided for Phase III. 10. 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, and are being installed for Phase llr, 11. Fire access and hydrant count and location have been approved by the Kalispell Fire Department and in conjunction with the City Public Works Department. 12. The infrastructure for Phase I is 100% complete and for Phase II is 100% complete. It is requested that the existing security agreement in the amount of $18,675.00 be released. Phase I of $4,212.50 and Phase II amount of $14,462.50 is completed work. Phase III letter of credit of $408,712.50 is provided for Phase III work to complete. 13. Disturbed areas shall be re -vegetated in the spring and a security commitment to do this item is provided. The developer, Apex 1, L.L.C. respectfully submits for approval of the final plat for the 58 lots in Phase 111, Stratford Village Subdivision. As -built drawings will be provided within the 90 days after date of initial use for Phase III, Phase I and Phase 11 drawings have been previously submitted. An amount has been added to line item 8b to cover repair work necessary in all three phases of work. In the event of any questions, please call the office. Very truly yours, Jackola :EInincering & Architecture, P.C.1A. OR r A. Jack a, P.E. CC: Frank Castles — City of Kalispell Public Works Departmi�nt Apex 1, LLC Enclosures: 2 • Exhibit A — engineers estimate of construction progress, Phase 1, II, and III. • Certificates of approval • Letter requesting release in letter of credit amount for Phase I and Phase II in the amount of $18,675.00 TAj %rae 3 EXHIBIT A 4115104 ENGINEERS ESTIMATE OF CONSTRUCTION PROGRESS PHASE 1 (16 Lots), PHASE H (27 Lots), R Phase III (58 Lots) STRATFORD VILLAGE SUBDIVISION, KALISPELL, MONTANA PRASE I PHASE II 1PRASE III ITEM EST. TOTAL COST PERCENT COMP REMAIN EST, TOTAL COST PERCENT COMP REMAIN i EST, TOTAL COST PERCENT COMP REMAIN ; 1. Roads a. Exc and Grade to Subbast 68,000.00 E 100% i -0- b. Base, Crusb Rock 22,568.00 100% -0- 43,509,00 100% -0- 54,900.00 62% 20,862.00 c.. Paving 34,020.00 100% -0- 65,589,00 100% -0- 80,500.00 -0- 1 80,500.00 d. Sidewalks 19,809,00 100% -0- 61,245,00 100% 1 -0- 1 74,000,00 -0- 74,000.00 e. Site Concrete / Lights and Bases 6,000.00 1000/0 -0- 14,534.00 100% -0- 18,800.00 43% 10,716.00 e. Curbs I J,600.00 100°/n -0- 39,832.00 100% -0- 54,000.00 -0- 54,000.00 2. Alleys a. Base, Crush 4,346.00 1001/0 -0- 9,596.00 100% -0- 7,900.00 20% 6,320.00 b. Paying 3,370.00 0% 0- 7,370.00 100% -0- 8,300.00 0 9,300.00 3. Sewer a. Manholes 12,000,00 100% -0- Sewer total: 100% Sewer total? 20,060.00 100% -0- b. 10" Sewer Mains 1.6,290.00 Wove -0- 45,115,00 1000/0 -0- 6,300.00 100% -0- c. 8 "Sewer Mains 6,440.00 100% -0- 100% 28,300.00 IGO% -0- d. Services 10,800.00 100% -0- 100% 49,200.00 100% -0- e. Lift Station 78,000.00 84% 12,480.00 4. Water a, 8'Water Mains 18,176.40 10Q% -0- Water total: 100% Water total: 43,%0,00 I04°10 -Q- b. 8" Valves 5,600.00 100% -0- 64,274.00 100% -0- 5,600,00 100% p- c. 6" Hydrants with valves 9,000.00 1000/0 -0- 100% 20,500,00 100% -0- d. Services 12,000.00 1000/0 -0- 100% 55,000,00 100% -0- S. Storm Water a. 12" Main 6,630.00 100% -0- Storm total: 100% Storm total: 1,600.00 100% -0- b. 10" Main 5,612.00 1000/0 -0- 17,792,00 100% -0- 7,200,00 100% -0- c. 8" Main 10,304,00 100% -0- 100% 17,300.00 100% -0- d. Catch Basins 8,500,00 100% -0- 100% 12,800.00 100% -0- c. Manholes and Tanks e 16,800.00 100% -0- 100% 18,000.00 100% -0- f. Retention Basin 58,646,00 100% -4- 6. Postal Service a. Mailboxes and Mounting 2,500.00 100% -0- 7. Si na e a. Street Silins 1,200.00 100% -0- 1 3,200.00 100% -0- 4,700.00 -0- 4,700.00 b. Traffic signs I,800.00 100% -0- 4,800.00 100% -0- 6,000.00 -0- 6,000.00 8. Landscape a. Trees 10,800.00 100% -0- 11,300.00 100% -0- 18,200-00 -0- 18,200.00 b. Seeds and Repair 2,100.00 100% -0- 2,100.00 100% -0- 24,600.00 -0- 24,600.00 9. Utilitres a. Electric 22,000.00 100% -0- 37,537,00 100% -0- 50,287.W 100% -4- b. Gas ll,000.00 100% -0- 18,538.00 100% -0- 16,211.25 100% -0- c. Tei bane 14,000-00 100% -0- 13,912.Op 100% -0- 18,299.95 100% -0- d. Cable 3,000.00 100% -0- 4,000,00 1000/0 -0- 6,000.00 100% -0- c. Trench,Conduit.,Vaults 40,289.00 100%. -0- 48,400-00 87% 6292.00 Subtotal 310,365.00 100% -0- 506,632,00 100% -0- 981,444.20 326,970.00 PHASE 1: Security Amount Required -0- PHASE II: Security Amount Required -0- PHASE III: Security Amount Required(I.25) 326,970.0© L 408,712.50 March 12, 2004 Tri-City Planning Office ATTN: Mr. Torn. Jentz , Director 17 Second Street East Suite 211 Kalispell, Montana 59901 RE: Request for release of $18,675.00 letter of credit; Stratford Village Phase I and Phase 11; Owner Apex 1, LLC, Norman Sanderson. Dear Mr. Jentz: This letter is requesting the release of the letter of credit security in the amount of $18,675.00 on Phase I and Phase II of Stratford Village as the work is completed. The $18,675.00 letter of credit security consisted of $4,212.50 for alley paving on Phase I and $14,462.50 for alley paving and seeding on Phase Il. The work is complete on Phase I and 1I. Phase III is in the final platting process with a security letter of credit provided that also includes an amount to cover repair work in all three phases of the work. We respectfully request approval to this request of releasing the combined Phase I and Phase 11, $18,675.00 letter of credit security. CC: Frank Castles, City of Kalispell Public Works Apex I. LLC, Norm Sanderson EXHIBIT A ENGINEERS ESTIMATE OF CONSTRUCTION PR PHASE I & PHASE H STRATFORD VILLAGE SUBDIVISION, KALISPELL, PHASE I PRASE II -—- ITEM ESTIMATED TOTAL COST PERCENT COMPLETE REMAINING TO COMPLETE STIMATED OTAL OST 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% 1 -0- c. Sidewalks 19,809.00 100% -0- 61,245.00 100% -0- d. Site Concrete / Light Bases 6,000.00 100% -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. PavillS 3,370.00 0% 3,370.00 7,370.00 0% 7,370,00 3. Sewer a. Manholes 12,000.00 100% -0- Sewer total: 100% Sewer total: b. 10" Sewer Mains 1.6,290.00 100% -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 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: 100% Storm total: b. 10" Main 5,612.00 100% -0- 17,792.00 100% -0- c. 8" Main 10,304.00 100% -0- 100% d. Catch Basins 8,500.00 100% -0- 100% e. Manholes and Tankage 16,800.00 100% -0- 100% f. Retention Basin 6. Postal Service a. Mailboxes and Mountie 2,500,00 100% -0- 7. Signs 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. Landsca e a. Trees 10,800,00 100% -0- 11,300.00 100% -0- b. Seeds and Repair 2,100.00 0% 2,100.00 2,100,00 0% 2,100.00 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 310,365.00 5,470.00 506,632.00 9,470.00 i PHASE I: Securi Amount Required 1.25 x $3,370.00 $6,837.50 PHASE II: Security Amount Required 1.25 x $11.570.00 $11,837.50 ! TOTAL PHASE I & PHASE 11 $18,675.00 Flat Ronne Flathead County, P mil-<ana 800 S. Maiia St. Kalispell, MT 59901 (406) 758-5510 This Form is for Subdivisions & Condominiums Only BY: B C-� V, -�C V-� FOR: �-�' }< � o L L "ATE _ � 6 -- 0 DESCP:5-M--)°TPCR'0 Vj[ -J-�, C F PH 3 PURPOSE YEARS 1999 T€ €RU _ 0-ca- ______-_____ & TO DATE ASSESSOR # 0 2�C/ 0982 92 � I herehy certify that there are no outstanding taxes on the property assign(,ri the assessor numbers listed abnve, for the years indicetorl F-%r each assessor ember. Deputy reasurer (seal) jjjp� '1114 P-E _� AMER., 1 -1 FirstAmer can Titleinsurance ante Company �-;f � Form No. 1282 (Rev. 12i15195) CERTIFICATE OF PLAT SUBDIVISION OR PROPOSED SUBDIVISION Stratford Village, Phase 3 File No. FII-35685 Policy No. H-460738 FEE: $125.00 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 7ackola Engineering FOR THE PURPOSES 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 on the attached legal description: A tract of land located in the Southeast Quarter 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 Quarter corner of said Section 19 which is a point and which point is the True Point of Beginning; thence South 00°19'57" East, a distance of 211.84 feet to a point; thence North 88°39'38" West, a distance of 30.38 feet to a point; thence South 00° 19'57" East, a distance of 72.57 feet to a point; thence South 88°3938" West, a distance of 101.3E feet to a paint; thence North 39" 19' 11" West, a distance of 110.00 feet to a point; thence North 50°40'49" East, a distance of 100,00 feet to a point; thence North 39' 19' 11" West, a distance of 20.00 feet to a point; thence South 50°40'49" West, a distance of 100,00 feet to a point; thence North 39019' 11" West, a distance of 720.00 feet to a point; thence North 50°40'49" East, a distance of 100.00 feet to a point; thence North 39"19' 11 " West, a distance of 20.00 feet to a point: thence South 50°40'49" West, a distance of 100.00 feet to a point; thence North 39° 19' 11" West, a distance of 420.00 feet to a point; thence North 50°40'49" East, a distance of 100.00 feet to a point; thence South 39'19'11" East, a distance of 61,87 feet to a point; thence North 88" 19'32" East, a distance of 75.77 feet to a point; thence - continued - North 88019'32" East, on and along the South boundary of Lots 31 thru 38 of Stratford Village Subdivision, Phase 2, a plat of which is on file with the Flathead County Clerk and Recorder's office, a distance of 611.40 feet to a point; thence South 0011 17'08" East, a distance of 8894 feet to a point; thence North 88119'32" East, a distance of 140.00 feet to the Southeast corner of Lot 70 of the Subdivision Plat of Stratford Village, Phase 2, which is a point; thence South 0011 14'29" East, on and along the West boundary of Lot 32 of South Meadows Subdivision, a plat of which is on file with the Flathead County Clerk and Recorder's office, a distance of 27.73 feet to a point; thence South 00°19'04" East, a distance of 633.47 feet to the True Point of Beginning. The above described tract of land is to be known and designated as "Stratford Village, Phase 3." (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, avenue, and other easements offered for dedication by said Plat are: Apex I, L.L.C. (2) Parties holding liens or encumbrances on the title to said lands are: A. Taxes, charges and assessments for the 2n4 half of 2003, which are due and payable. (As to a portion) B. Taxes, charges and assessments for the year 2004, a lien not yet due or payable. (3) Easements, claims of easements and restriction agreements of record are: A. Developer Extension Agreement upon the terms, conditions and provisions contained therein: DATED May 28, 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. B. 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. C. Easement for 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. D. Resolution No. 4587 by the City of Kalispell for annexation of certain real property, recorded October 18, 2000, as Doc. No. 2000-292-13260, records of Flathead County, Montana. E. Easements, reservations, restrictions, notes and/or dedications as shown on the proposed plat. We find the described property to be in Kalispell Fire District. DATED: February 19, 2004 at 8:00 a.m. Subscribed and Sworn to before me this SEAL �,ttpa, Z Authorized Signatory day 0 ota Public for the State of Montana Residing at My commission expires \� r R VIEW ST 7AAAA 11A ` ` 1 27 2 2 2 23 � \` 5 4 3 2 1 a 0 ` 4 PHOENIX ST 6B ` 5 2. 18 192 21 22 ` fi 7ABA 6CA �\ 7 161 1 13 14C + ` \*` BISMARK ST 43 14C a 7 8 11 12 x 6C 1 2 3 4 56 7 8 9 i 111 41 42434 4 464 > 0i 2 . 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