Loading...
Staff Report/Final PlatCity of Kalispell Planning Department 17 - 2' Street. East, Suite 211, Kalispell, Montana 59901 Telephone: (406) 751-1850 Fax: (406) 751-1858 Website: ka ispeilplanning.com REPORT TO: Kalispell Mayor and City Council FROM: Thomas R. Jentz, Director James H. Patrick, City Manager SUBJECT Final Plat for La Mew Subdivision. MEETING DATE: February 6, 2006 BACKGROUND: This is a request for final plat approval of La Mew Subdivision that plats 3 single family residential lots on approximately .69 acres. The site is located on the north side of East Center Street between Fourth Avenue East and Woodland Drive. The property can be described as Assessors Tract 30-5 in Section 8, Township 28 North, Range 21 West, P.M., M., Flathead County, Montana. The Kalispell City Council approved this subdivision subject to 9 conditions on February 7, 2005. All of the conditions have been accomplished or otherwise adequately addressed. There is a small amount of shared driveway grading and paving remaining to be completed and a Subdivision Improvements Agreement has been submitted with this plat. The SIA covers the cost of the improvements plus 25 percent as required in the Kalispell Subdivision Regulations. $2,163 in cash has been used to secure the SIA with the improvements anticipated to be completed by September 30, 2006. RECOMMENDATION: A motion to approve the final plat for La Mew Subdivision 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, SJ7 Thomas R. Jentz `,. J es H. Patrick Director City Manager Report compiled: January 20, 2006 Attachments: Letter of transmittal Final plat application and supporting documents Return to: Theresa White Kalispell City Clerk P.O. Box 1997 Kalispell, MT 59903 SUBDIVISION IMPROVEMENT AGREEMENT THIS AGREEMENT, made and entered into this day of , 200, by and between the CITY COUNCIL, CITY OF KALISPELL, MONTANA, Party of the First Part and hereinafter referred to as the CITY, and WENDY MACKER located at P.O. Box 10103 (29 Stratford Drive), Kalispell, MT 59904, Party of the Second Part and hereinafter referred to as DEVELOPER. WITNESSETH: THAT WHEREAS, the Developer is the developer of a new subdivision known as LA MEW SUBDIVISION located at 427 E. Center Street, Kalispell, Montana and, WHEREAS, the City has conditioned it's approval of the final plat of LA MEW SUBDIVISION, 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 included herewith as "Exhibit B"; and WHEREAS, the estimated total cost of construction of said improvements is the sum of $1,730.00. NOW THEREFORE, in consideration of the approval of the final plat of said Subdivision by the City, the Developer hereby agrees as fallows- 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 $2,163.00. 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 $2,163.00 the estimated cost of completing the required improvements in LA MEW SUBDIVISION. b. That if the Developer fails to complete the specified improvements within the required period, the creditor will pay to the City immediately, and without further action, such funds as are necessary to finance the completion of those improvements up to the limited of credit stated in the letter; 2. That said required improvements shall be fully completed by September 30,2006. 3. That upon completion of the required improvements, the Developer shall cause to be filed with the City a statement certifying that: a. All required improvements are complete; b. That the improvements are in compliance with the minimum standards specified by the City for their construction and that the Developer warrants said improvements against any and all defects for a period of one (1) year from the date of acceptance of the completion of those improvements by the City; c. That the Developer knows of no defects in those improvements; d. That these improvements are free and clear of any encumbrances or liens; e. That a schedule of actual construction costs has been filed with the City; and, f. All applicable fees and surcharges have been paid. 4. The Developer shall cause to be filed with the City copies of final plans, profiles, grades and specifications of said improvements, with the certification of the registered professional engineer responsible .for their preparation that all required improvements have been installed in conformance with said 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 itnprovetnent 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 before written. Wendy Ma •er STATE OF MONTANA ) ss. County of Flathead This instrument was acknowledged before the on it t . V 204. by Wendy Mackc1,,�, i :;,, SEAL ?� Punted Namec ya8 � a, Notary Public for the State of Montana Residing at _ My Commission Expires I -,fib MAYOR, CITY OF KALISPELL ATTEST: MAYOR FINANCE DIRECTOR EXHIBIT A Conditions of approval as fixed to the preliminary plat by the City Council, Kalispell, Montana. EXHIBIT B This agreement specifically includes the following improvements, their projected construction completion date and estimated construction costs. CHECK CONSTRUCTION ESTIMATED APPROPRIATE COMPLETION CONSTRIUCTION IMPROVEMENTS BOX DATE COSTS Street Grading/Paving > OK4� �'L Street Base "S4 . 3D Sidewalks Curbs and Gutters Sanitary Sewers Mains Other { ) On -Site Sewage Facilities Water Systems Mains Other { ) On -Site Water Supply Water Storage Tanks Fire Hydrants Storm Sewer or Drainage Facilities Street Signs Street Lighting Street Monuments Survey Monument Boxes Landscaping Other () TOTAL COLLATERAL (TOTALS COSTS X 125%) SUBTOTAL FEES TOTALS COSTS (� 3 , ., i \, 6'� RESOLXTION NO.4975 A RESOLUTION CONDITIONALLY APPROVING THE PRELIMINARY PLAT OF LA MEW SUBDIVISION, MORE PARTICULARLY DESCRIBED AS ASSESSORS TRACT 30- 5 IN SECTION S, TOWNSHIP 28 NORTH, RANGE 21 WEST, P.M.M., FLATHEAD COUNTY, MONTANA, WHEREAS, Wendy Macker, the owner of the certain real property described above, has petitioned for approval of the Subdivision Plat of said property, and WHEREAS, the proposed subdivision plat of said property is subject to the provisions of section 2.05 (Preliminary Plat Process -Minor Subdivision), Subdivision Regulations of the City of Kalispell, and WHEREAS, the Tri-City Planning Office has reviewed the proposed subdivision and made a report (#KSR-05-1) to the City Council of the City of Kalispell, said report considering the criteria set forth in Section 76-3-608 MCA, and WHEREAS, the City Council of the City of Kalispell at its regular Council Meeting of February 7, 2005, reviewed the Tri-City Planning Office Report #KSR-05-1, and found from the Preliminary Plat, and evidence, that the subdivision is in the public interest. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF KALISPELL, MONTANA AS FOLLOWS: S ECTION B. That the Findings of fact contained in Tri`City Plawning Office Report # KSR-05-1 are hereby adopted as the Findings of fact of the City Council. SECTION Il. That the application of Wendy Macker for approval of the Preliminary Plat of La flew Subdivision, Kalispell, Flathead County, Montana is hereby approved subject to the following conditions: 1. That the final plat for the subdivision shall be in substantial compliance with the approved preliminary plat. (Kalispell Subdivision Regulations, Appendix C — Final Plat) 2. Minimum fire flows shall be in accordance with Uniform Fire Code (1997) Appendix III -A. Fire hydrants shall be provided per City specifications at locations approved by this department prior to combustible construction. (Kalispell Subdivision Regulations, Section 3.20). New infrastructure required to serve the subdivision shall be designed and constructed in accordance with the City of Kalispell's Standards for Resign and Construction and shall be certified by an engineer licensers in the state of Montana. A letter from the Kalispell Public Works Department stating that the new infrastructure has been inspected and approved shall accompany the final plat application. 4. That the shared access for the lots be developed from the existing access on proposed Lot 2 or in accordance with a plan approved by the Kalispell Public Works Department. The.. shared access shall be paved. (Kalispell Subdivision Regulations, Section 3.09). The developer shall provide a letter from. the U.S. Postal Service approving the plan for mail service. (Kalispell Subdivision Regulations, Section 3.22). 6. All utilities shall be installed underground. (Kalispell Subdivision Regulations, Section 3.17). 7. That a note shall be placed on the face of the final plat which waives protest to the creation of a special improvement district for the future upgrade of East Center Street to City standards. (Kalispell Subdivision Regulations Section 3.09, (J)) S. All areas disturbed during development of the subdivision shall be re -vegetated with a weed - free Unix immediately after development. 9. That preliminary plat approval shall be valid for a period of three years from the date of City Council approval. (Kalispell Subdivision Regulations, Section 2.04). SECTIOIei 111. Upon proper review and filing of the Final Plat of said subdivision in the office of the Flathead County Clerk and Recorder, said premises shall be a subdivision of the City of Kalispell. PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF THE CITY OF KALISPELL, THIS 7TH DAY OF FEDAIIARY, 2005. Pamela B. Mayor ATTEST: Theresa trite City Clerk 0 1 10-06 TITE 11:31 RU 406 257 9808 FROFEETU.S Nllr, WJ VV 1. JAN-09-2006 10 4:OE Fit 'OOLDELL VPAN'-KER KRUSPE1. FAX NO, 406 75 P. w8W6C6 I6:41 4a5-S92-6606 T &-W Ca'-,ST i b 92 Pop No. 121 Pon Tna'END CU"*'NSTwRAUCT1ONjNC, I P.O. ROX 1016 VVHMFiGH, MWTANA &OPY (400� GK-64 15 s, FAX (40) DW,4M IiXCAVATING. QK4rjWQ - ASW&T PAYING Provide Material., Trucking, Equipment and Labor to complete neceasary praperatLon, to include removiRg macessary Trees and Vegeatati on, Gravel for Base and levalixig course and Paving wit% 3 inihs of compacted Asphalt. Aran ApproxflmSte-, 660 sq-ft.- Notei it is urdrastocd:pricint could charge dot to the fluctuatiot, 4-n both fuel and Asphalt prices. 3JEW99 h0ftj 19 hrRM MGkorld OW 1WW4WW*iM to as WM 8bGW 6PWA%WtkNW W DO 00 96 LIAM ve AL-72 —0--W abow prk", splowafto OW wnftm are 6811410. or," oft ?W*y a=*" y" in whftsd to do Mo ftAw— aq gpujW. PWmwd wN be nm* is auftsd xbow. City of Kalispell Planning Department 17 - 2"d Street East, Suite 2111. Kalispell, Montana 5990.1 Telephone: (406) 751-1850 Fax: (406) 751-1858 Website: kalispellplannin .com January 20, 2006 James H. Patrick, City Manager City of Kalispell P.O. Drawer 1997 Kalispell, MT 59903 Re: Final Plat for La Mew Subdivision Dear Jim: Our office has received an application from Marquardt & Marquardt Surveying, Inc. for final plat approval of La Mew Subdivision that plats 3 single family residential lots on approximately .69 acres. The site is located on the north side of East Center Street between Fourth Avenue East and Woodland Drive. The property can be described as Assessors Tract 30-5 in Section 8, Township 28 North, Range 21 West, P.M., M., Flathead County, Montana. The Kalispell City Council approved this subdivision subject to 9 conditions on February 7, 2005. All of the conditions have been adequately met or otherwise adequately addressed. There is a small amount of shared driveway grading and paving remaining to be completed and a Subdivision Improvements Agreement has been submitted with this plat. The SIA covers the cost of the improvements plus 25 percent as required in the Kalispell Subdivision Regulations. $2,163 in cash has been used to secure the SIA with the improvements anticipated to be completed by September 30, 2006. 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. That the final plat for the subdivision shall be in substantial compliance with the approved preliminary plat. (Kalispell Subdivision Regulations, Appendix C - Final Plat) • This condition has been met. The final plat is in compliance with the preliminary plat that was submitted. Condition No 2. Minimum fire flows shall be in accordance with Uniform Fire Code (1997) Appendix III --A. Fire hydrants shall be provided per City specifications at locations approved by this department prior to combustible construction. (Kalispell Subdivision Regulations, Section 3.20). • This condition has been met. A letter from the Kalispell Fire Department dated December 30, 2005 approving the subdivision and hydrants has been submitted with the final plat. Condition No 3. New infrastructure required to serve the subdivision shall be designed and constructed in accordance with the City of Kalispell's Standards for Design and Construction and shall be certified by an engineer licensed in the state of Montana. A letter from the Kalispell Public Works Department stating that the new infrastructure has been inspected and approved shall accompany the final plat application. • This condition has been met per letter from Frank Castles, Kalispell Public Works dated December 28, 2005 stating no city infrastructure was required to be installed. Condition. No 4. That the shared access for the lots be developed from the existing access on proposed Lot 2 or in accordance with a plan approved by the Kalispell Public Works Department. The shared access shall be paved. (Kalispell Subdivision Regulations, Section 3.09). • This condition has been met per the face of the final plat. Note that the actual paving is subject to a Subdivision Improvements Agreement. Condition No 5. The developer shall provide a letter from the U.S. Postal Service approving the plan for mail service. (Kalispell Subdivision Regulations, Section 3.22). • This condition has been met per letter dated December 21, 2005 from the USPS. Condition No G. All utilities shall be installed underground. (Kalispell Subdivision Regulations, Section 3.17). e This condition has been met per site inspection. Condition No 7. That a note shall be placed on the face of the final plat which waives protest to the creation of a special improvement district for the future upgrade of East Center Street to City standards. (Kalispell Subdivision Regulations Section 3.09, (J)) • This condition has been met per note on the face of the final plat. Condition No S. All areas disturbed during development of the subdivision shall be re -vegetated with a weed -free mix immediately after development. • This condition has been met. The only area of disturbance will be associated with the shared driveway, which is addressed in the attached S1A. Condition No 9. That preliminary plat approval shall be valid for a period of three years from the date of city council approval. (Kalispell Subdivision Regulations, Section 2.04). • This condition has been met. The preliminary plat was approved on February 7, 2005, well within the time frame. COMPLIANCE WITH APPROVED PRELIMINARY PLAT The final plat is in substantial compliance with the preliminary plat which was reviewed and approved by the Kalispell City Council on February 7, 2005. 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-3, Urban Single Family Residential, zoning designation for the property which governs the dimensional requirements of the lots within the subdivision as well as the uses. RECOMMENDATION: It can be found that the conditions of preliminary plat approval have been met or are otherwise adequately addressed. The staff would recommend that the Kalispell City Council approve the final plat for La Mew Subdivision. Please schedule this matter for the regular city council meeting of February 6, 2006. Sincerely, Thomas R. Jentz Director TJ Attachments: Vicinity map 1 opaque Mylar of final plat 1 reproducible Mylar of final plat 1 copy of final plat Letter from Marquardt 8& Marquardt Surveying, Inc. Final plat application dated 1 / 1 / 06 Ltr from Montana DEQ dated 12 / 7 / 05 Ltr from Kalispell PW Dept dated 11 / 28/ 05 Ltr from LISPS dated 12/21/05 Ltr from Kalispell Fire Dept dated 12 / 30 / 05 Title report # 147445-CT dated 1 / 06/ 06 Consent to plat from US Bank dated 12/28/05 Treasurers Certification dated 1 / 13 / 06 Subdivision improvements agreement for $2,163 Construction estimate by T-Bend Construction, Inc. for paving 680 square feet. Cash in the amount of $2,163 securing the SIA 11 x 17" Copy of plat c: Marquardt & Marquardt Surveying, Inc., 285 18t Ave. E.N., Kalispell, MT 59901 Mary Kathleen Johnson, c/o Wendy Macker, P.O. Box 10103, Kalispell, MT 59904 Theresa White, Kalispell City Clerk f {�S.IL Los M 0-1 N Si3,1'.d a'-f 02 ran ;+06) 355-3065, January 17, 2006 City of Kalispell Planning Department 17 Second St. East Suite 211 Kalispell, MT 59901 Re: LA MEW SUBDIVISION in Section 8, Township 28 North, Range 21 West, P.M., M., Flathead County, Montana. Enclosed is the Final Plat application for La Mew Subdivision. Preliminary plat approval was granted on February 7, 2005. The conditions of approval have been met as follows: That the final plat for the subdivision shall be in substantial compliance with the approved preliminary plat. (Kalispell Subdivision Regulations, Appendix C-Final Plat). The subdivision is in conformance with the approved preliminary plat. 2. Minimum fire flows shall be in accordance with Uniform Fire Code (1997) Appendix 111-A. Fire hydrants shall be provided per City specifications at locations approved by this department prior to combustible construction. (Kalispell Subdivision Regulations, Section 3.20). A letter from the Kalispell Fire Department is enclosed stating that fire flows in this area are adequate and that no new fire hydrants are required. 3. New infrastructure required to serve the subdivision shall be designed and constructed in accordance with the City of Kalispell's Standards for Design and Construction and shall be certified by an engineer licensed in the state of Montana. A letter from the Kalispell Public Works Department stating that the new infrastructure has been inspected and approved shall accompany the final plat application. A letter from Kalispell Public Works is enclosed stating that no new infrastructure was required. 4. That the shared access for the lots be developed from the existing access on proposed Lot 2 or in accordance with a plan approved by the Kalispell Public Works Department. The shared access shall be paved. (Kalispell Subdivision Regulations, Section 3.09). The shared access is shown on the face of the final plat and an SIA for construction and paving is enclosed. The developer shall provide a letter from the U.S. Postal Service approving the plan for mail service. (Kalispell Subdivision Regulations, Section 3.22). A letter from the U.S. Postal Service is enclosed. 6. All utilities shall be installed underground. (Kalispell Subdivision Regulations, Section 3.17). The utilities are underground. 7. That a note shall be placed on the face of the final plat which waives protest to the creation of a special improvement district for the future upgrade of East Center Street to City Standards. (Kalispell Subdivision Regulations, Section 3.09, (J).). The note has been placed on the final plat. 8. All areas disturbed during development of the subdivision shall be re -vegetated with a weed -free mix immediately after development. The areas disturbed will be re -vegetated with a weed -free mix. 9. That preliminary plat approval shall be valid for a period of three years from the date of City Council approval. (Kalispell Subdivision Regulations, Section 2.04). The plat is being filed within the three-year time limit. If you have any question please do not hesitate to call our office. Sincerely, Debbie Shoemaker Marquardt & Marquardt Surveying, Inc. MontanaDepartment ENVIRONMENTAL QUALITY P.O. Box 200901 - Helena, :MT 59620-090.1 December 7, 2005 Marquardt & Marquardt Surveying Inc 285 First Ave EN Kalispell MT 59901 Dear Sir or Madam: Brian Schweitzer, Governor (406) 444-2544 - www.deq,mt.gov RE: La Mew Subdivision Municipal Facilities Exclusion EQ06-2052 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 76-4-125(2)(d), MCA, this subdivision. is not subject to review, and the plat can be filed with the county clerk and recorder. Plans and specifications must be submitted when extensions of municipal facilities for the supply of water or disposal of sewage are proposed {76-4-11.1 (3), MCA}. Construction of water or sewer extensions prior to DEQ, Public Water Supply Section's approval is prohibited, and is subject to penalty as prescribed in Title 75, Chapter 6 and Title 76, Chapter 4. Sincerely, : f .'Janet Skaarland Compliance Specialist Subdivision Section (406) 444-1801 — email skaarlan�r%nit.i.,o-s., cc: City Engineer County Sanitarian file Enforcement Division • Permitting c& Compliance Division + Planning, Prevention & Assistance Division " Reinediation Division City of Kalispell Public Works Department Post Office Box 1997, Kalispell, Montana 59903-1997 - Telephone (406)758-7720, Fax (406)758-7831 November 28, 2005 Kalispell Planning Office 41 Second Street East Kalispell, MT 59901 Attention: Narda Wilson, Senior Planner RE: La Mew Subdivision Kalispell, Montana Dear Narda, Section 11, Item 3 of Resolution No. 4975 for the referenced subdivision requires that any new infrastructure for the subdivision would be built in accordance with city standards with a letter from our office inspecting and approving same. Be advised that no city infrastructure construction was required for the referenced project. If you have any questions, please do not hesitate to contact this office. Snnkstles, , F P.E. Assistant City Engineer Cc. Wendy Macker 10103 Straford Lane Kalispell, MT 59901 UNITED STATES POSTAL SERVICE 350 N MERIDIAN RD KALISPELL, MT 59901-9998 December 21, 2005 Ms. Wendy Macker P. O. Box 10103 Kalispell, MT 59904 RE: La Mew Subdivision Dear Ms. Macker: Delivery for 437 and 447 East Center Street (the La Mew Subdivision) has been approved. Please see attached map for the approved location of the mailboxes. If you have any questions regarding this matter, you may contact me at 755-6450. Sincerely, Don Landis Carrier Supervisor Enclosure KALISPELL FIRE DEPARTMENT Randy Brodehl — Fire Chief 312 First Avenue East Daft Diehl -- Assistant Chief/Operations Kalispell, Montana 59901 Brent L. Christopherson — Assistant Chief/ Prevention (406) 758-7760 FAX (406) 758-7952 December 30, 2005 Wendy Macker PO Box 10103 Kalispell, MT 59904 Re: Preliminary Plat Approval — La Mew Subdivision Dear Ms. Macker: In response to your request for approval of the above -referenced project, our department approves preliminary plat for the La Mew Subdivision, with the following information and conditions: ➢ It is our understanding that Lot 2 will be accessed by an access roadway with an all- weather surface. The minimum width for the fire department access shall be 20', with a minimum clear height of 13'6". ➢ An emergency vehicle turnaround is required where a fire department access road is greater than 150' in length. Based on the plat map you provided and the length of Lot 2, it does not appear an emergency vehicle turnaround will be required. ➢ It is noted that existing fire hydrants are provided at the intersections of 0 and Avenues West and Center Street. These hydrants are adequately located to meet the minimum travel distance to your subdivision. Fire flows in this area are adequate to meet residential development. I hope this information is useful. Please contact me if you have any questions. Sincerely, 4 (F. Ray Ruffatto, Ire Inspector, for:) Brent L. Christopherson Assistant Chief/Prevention xc: Tom Jentz, Kalispell Planning Office `Assisting our comrrazanity in reducing, ,preventing, and mitigating emergencies. " CONSENT TO PLATTING Pursuant to Section 76-3-612, MCA, the undersigned, U.S. BANK, N.A., Beneficiary as recorded February 7, 2005 as Document No. 2005•-038-10030, Flathead County, Montana, hereby consent to platting and dedication of land included in the plat of LA MEW SUBDIVISION. M WITNESS WHEREOF, said parties have caused their names to be subscribed thereto, on this 28th day of December , 2005 . U.S. Bank, N.A. Maria Zo Title: Vice STATE OF KENTucKY ) ss. County of: DAVTESS ) This instrument was acknowledged before me on December 28 , 2005 , by Maria Zo loran , of U.S. Bank, N.A.. er •\cam , -r— `1�111N ,A Notary Public for the StAte d KEN' KY Residing at 4801 Frederica Street, Owensboro, ••_;. My Commission expires April 25, 2006 KY 42301 Plat Room Flathead County, Montana 800 S. Maln 5t. Kalispell, MT 59901 . (406) 75s-550 This Form is for Subdivisions $r Condominlu:ms:.,, ly BY I�OAP al 0�t FOR. jr-) �vj DATE '3 ha /0 DESCP; �,cr1 c. �lc�rvfS�I PURPOSE (7-2 30-5- a1 s -____----.r__ & TO DATE -- _—___.r_,:—____r.___. --- I hereby certify that there are no outstanding taxes can thy. property assigned the assessor numbers listed above, for the years Indicated for each assessor number.' f Depify -Treasurer 04, Q .-. �^ •lei - Plat of La Mew Subdivision SW 1/4 of the SW 1/4 of Section 8, T28N R21W, P.M., M. Flathead County, Montana �, N. a•a Vz 4 „A y e y� Py� $S� lr 4955 �@ R, y55 66 a e�139 m S1£ a..'1RSo L x I..Ot 13,454 Sq. Ft, 0.31 Acres a2 a� a HATCHING DENOTES 15' WIDE SEWER LINE ANU STAriEASEMENT. LYING IN ON ON EACH SIDE OF CENTERLINE OF STRUCTURES ASL ri L 2E6 3 APPURTENA S C TO LOTS 1. 2 & 3 AS SHOWN HEREON. Lot 2 9,761 Sq. Ft. 0.22 Acres a3 r Lot 3 ' 026 Sq. Ft. 0.16 Acres 4 1 Q SS EASEMEHT PURTENANTTO LOTS 1.2 6 3 AS b"g. PO w IOWlJ HEREON. 20.09 5. RC- en1T �y t5 Ce PF•R L. � W gE/38 516� Pg5 �` S[REb'S CEtdTER ix �Loc by -a..� .'�crLlspGLL pr I LEGEND FOUND 5/B" REBAE WITH PIASfIC CAP MARKED " "VU 25165' © POUND SM" REBAR WITH PLASTIC CAP MARKED" AASEN 3980V Q FOUND 5/S' REBAR (NO CAP) O SET 5/8' 8Y 24' RERAA WITH PLASTIC CAP MARKED %"RQUAROT 73285' 'fip P"FCAL ADDRESS N 01-07 0 I 30B 5_0 VICINITY MAP SCALE 1 11 = 250' 1 WENDY MACKER PRELIMINARY PLAT - LAMEW SUBDIVISION A 3 LOT SINGLE-FAMILY RESIDENTIAL SUBDIVISION ON .69 ACRE IN A R-3 (URBAN SINGLE-FAMILY RESIDENTIAL) DISTRICT PIM DATE: 1/27/05 FILE# KSR-05-01 ffi\&\site\kw05_td-g iPlanning Department Kalispell 17 - "";<i Street East_ Suite 2l 1.. Kalispell, Montana 59901 'I'dephorte: (-40;) ?� 1-1850 Fax: (406) 751-1858 FINAL PLAT APPLICATION t, Project /Subdivision Name: U,-, C Coan►taot Person: Name, i , r Address:_ Aug. EA) Phone No.: "75:5`- 61 a a.S` Date of Preliminary Plat Approval: '_ Owner & Mailing Address: \ _t Type of Subdivision: Residential / Industrial Commercial PUD Other Total Number of Lots in Subdivision Land in Project (acres) Q, ln'cl'_ Parkland (acres) Cash -in -Lieu; Exempt V/` No. of Lots by Type: Single Family ___3 , Townhouse Duplex Commercial Condominium Apartment Industrial Multi -Family Mobile Home Park Recreational Vehicle Park Planned Unit Development Other Legal Description of the Property '-±-b - 1 \ k,3 : I�A • ( o - m7 FILING FEE ATTACHED $ '7j O , 00 Minor Subdivision with approved preliminary plat $400 + $100/lot Major Subdivision with approved preliminary plat $650 + $100/lot Subdivisions with Waiver of Preliminary Plat $600 + $100/lot Subdivision Improvements Agreement $ 50 Attached Not Applicable MUST CHECK ONE rT Health Department Certification (Original) l� Title Report (Original, not more than 90 days old) Tax Certification (Property taxes must be paid) Consent(s) to Plat (Originals and notarized) Subdivision Improvements Agreement (Attach collateral) Parkland Cash -in -Lieu (Check attached) Maintenance Agreement Plats: l opaque OR 2 mylars 1 mylar copy l signed blueline 4 bluelines 4 bluelines, unsigned lIX1.7 Copy l IX17 Copy **The plat must be signed by all owners of record, the surveyor and the examining land surveyor. Attach a letter, which lists each condition of preliminary plat approval, and individually state how each condition has specifically been met. In cases where documentation is required, such as an engineer's certification, State Department of Health certification, etc., original letters shall be submitted. Blanket statements stating, for example, "all improvements are in place" are not acceptable. A complete final plat application must be submitted no less than 60 days prior to expiration date of the preliminary plat. When all application materials are submitted to the Kalispell Planning Department, and the staff finds the application is complete, the staff will submit a report to the governing body. The governing body must act within 30 days of receipt of the revised preliminary plat application and staff report. Incomplete submittals will not be accepted and will not be forwarded to the governing body for approval. Changes to the approved preliminary plat may necessitate reconsideration by the planning board. I certify that all information submitted is true, accurate and complete. I understand that incomplete information will not be accepted and that false information will delay the application and may invalidate any approval. The signing of this application signifies approval for Kalispell Planning staff to be present on the property for routine monitoring and inspection during the approval and development process. **NOTE: Please be advised that the County Clerk & Recorder requests that all subdivision rinal plat applications be accompanied with a digital copy. {Y-' C; __ Owner(s) ignature Date **A digital copy of the final plat in a Drawing Interchange File (DXF) format or an AutoCAD file format, consisting of the following layers: 1. Exterior boundary of subdivision 2. Lot or park boundaries 3. Easements 4. Roads or rights -of -way 5. A tie to either an existing subdivision corner or a corner of the public land survey system OA Subdivision Guarantee Guarantee No.: 147445-CT Issued by Citizen s Title and Escrow Company 704 South Main/P. Q, Box 1310, Xalispell, MT 59901 Title Officer: Nick Vernon Phone: (406)752-5358 FAX.• (406)752 9617 Form No. 1282 (Rev 12/15195) Subdivision Guarantee Guarantee No.. 147445-CT Form 1349 CLTA Guarantee Face Page (Revised 12/15/95) First American Title Insurance Company SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE LIMITS OF LIABILITY AND THE CONDITIONS AND STIPULATIONS OF THIS GUARANTEE, First American Title Insurance Company a corporation, herein called the Company GUARANTEES the Assured named in Schedule A against actual monetary loss or damage not exceeding the liability amount stated in Schedule A, which the Assured shall sustain by reason of any incorrectness in the assurances set forth in Schedule A. Citizen's Title and Escrow Company AUTHORIZED SIGNATORY Subdivision Guarantee Guarantee No.: 147445-CT SUBDIVISION OR PROPOSED SUBDIVISION GUARANTEE Order No.: 147445-CT Guarantee No.: 147445-CT 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: Marquardt & Marquardt Surveying FOR THE PURPOSES OF AIDING ITS COMPLIANCE WITH FLATHEAD COUNTY SUBDIVISION REGULATIONS, in a sum not exceeding $5,€I00.00. 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: THAT PORTION OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 8, TOWNSHIP 28 NORTH, RANGE 21 WEST, P.M.M., FLATHEAD COUNTY, MONTANA, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF TRACT 1 AS SHOWN ON CERTIFICATE OF SURVEY NO. 11127, RECORDS OF FLATHEAD COUNTY, MONTANA; THENCE ALONG THE WEST BOUNDARY OF SAID TRACT 1 NORTH 13036'11" WEST 100.OS FEET AND NORTH 13042'46" WEST 100.08 FEET TO A POINT ON THE SOUTHERLY BOUNDARY OF THE BURLINGTON NORTHERN RAILROAD RIGHT OF WAY, SAID POINT BERING ON A 1959.86 FOOT RADIUS CURVE, CONCAVE NORTHERLY, HAVING A RADIAL BEARING OF NORTH 13048'18" WEST; THENCE NORTHEASTERLY ALONG THE CURVE AND ALONG SAID RIGHT OF WAY BOUNDARY, THROUGH A CENTRAL ANGLE OF 04022'19" 149.55 FEET TO THE NORTHEAST CORNER OF THE ABOVE SAID TRACT 1; THENCE LEAVING SAID RIGHT OF WAY BOUNDARY AND ALONG THE EAST BOUNDARY OF SAID TRACT 1 SOUTH 13052'35" EAST 105.91 FEET AND SOUTH 13046'32" EAST 99.99 FEET TO THE NORTHERLY RIGHT OF WAY OF CENTER STREET; THENCE ALONG SAID NORTHERLY RIGHT OF WAY OF CENTER STREET, SOUTH 76011'00" WEST 150.00 FEET TO THE POINT OF BEGINNING. tHE ABOVE DESCRIBED TRACT OF LAND IS TO BE KNOWN AND DESIGNATED AS: LA MEW SUBDIVISION (A) 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 by said Plat are: Mary Kathleen Johnson, Vested Owner, and U.S. Bank N.A., beneficiary Subdivision Guarantee Guarantee No.: 147445-CT (B) Parties holding liens or encumbrances on the title to said lands are: (C) Easements, claims of easements and restriction agreements of record are: 1. Any right, title or interest in any minerals, mineral rights, or related matters, including but not limited to oil, gas, coal, and other hydrocarbons. 2. County road rights -of -way not recorded and indexed as a conveyance of record in the office of the Clerk and Recorder to Title 70, Chapter 21, M.C.A., including, but not limited to any right of the Public and the County of Flathead to use and occupy those certain roads and trails as depicted on County Surveyor's maps on file in the office of the County Surveyor of Flathead County. 3. Trust Indenture, to secure an original indebtedness of $144,000.00, dated February 4, 2005 and any other amounts and/or obligations secured thereby Recorded: February 4, 2005 , as Doc. No. 2005-035-16250 Grantor: Mary Kathleen Johnson Trustee: Citizens Title & Escrow Co. Beneficiary: American Homestead Mortgage Company. Assigned to U.S. Bank, N.A., by instrument recorded February 7, 2005 , as Doc. No. 2005-038- 10030. 4. Provisions contained in that Certificate, executed by the State of Montana, Department of Health and Environmental Services. S. Mary Kathleen Johnson hereby waives any and all right to protest which she may have in regards to any attempt to be made by the City of Kalispell, to initiate a special improvement district upgrading East Center Street, including, the installation of curb and gutter, sidewalks, boulevard landscaping and any future widening or reconstruction of East Center Street as set forth on the unrecorded Plat of La Mew Subdivision. Date of Guarantee: January 06, 2006 at 7.30 A.M. CITIZENS TITLE & ESCROW CO., INC. By: C.Mitchell, V. ACKNOWLEDGEMENT/ CORPORATE STATE OF Montana Ss. COUNTY OF Flathead On c,.� appeared Notarial Notary Public for .the State of Montana Residing in: Commission Expires: before me a Notary Public, personally , known to me to be of the Corporation.