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Staff Report/Final Plat Phase 14firi-City Planning Office 17 Second Street East - Suite 211 Kalispell, Montana 59901 Phone: (406) 751-1850 Fax: (406) 751-1858 tricity�.&ceanturytel.n et www.tricityplanning-mt.com REPORT TO: Kalispell Mayor and City Council FROM: Narda A. Wilson, Senior Planner Chris A. Kukulski, City Manager SUBJECT Final Plat for Glacier Village Greens Phase XIV MEETING DATE: May 3, 2004 BACKGROUND]: This is a request for final plat approval of Glacier Village Greens Phase XIV that plats 24 sublots intended for townhouses on approximately 3.153 acres. The property is located on the east side of the Glacier Village Greeds development at the northern end of East Nicklaus Avenue. Phase XIV of Glacier Village Greens included the extension of East Nicklaus Avenue to a temporary cul-de- sac that will provide an extension for future phases. The Kalispell City Council approved Glacier Village Greens Phases 14 through 22 in December of 2002 subject to 16 conditions. 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 to cover the remaining improvements. The personal check in the amount of 125 percent of the cost of the remaining improvements, or the amount of $31,375 has been submitted with the final plat. The remaining improvements are anticipated to be fully completed by July 31, 2004. RECOMMENDATION: A motion to accept the subdivision improvements agreement and approve the final plat for Glacier Village Green Phase XIV would be in order. FISCAL EFFECTS: Potential minor positive impacts once developed. ALTERNATIVES: As suggested by the City Council. Respectfully submitted, -J -7/ Narda A. Wi son Chris A. Kukulski Senior Planner City Manager Report compiled: April 28, 2004 Attachments: Letter of transmittal Final plat application and supporting documents Providing Community Planning Assistance To: City of Columbia Falls + City of Kalispell + City of Whitefish Tri-City Planning Office 17 Second Street East --- Suite 211 Kalispell, Montana 59901 Phone- (405) 751-1850 Fax: (406) 751-1858 tricitygcentu rytel. net April 28, 2004 Chris Kukulski, City Manager City of Kalispell P.O. Drawer 1997 Kalispell, MT 59901 Re: Final Plat for Glacier Village Greens Phase XIV Dear Chris: Our office has received an application from Sands Surveying for final plat approval of Glacier Village Greens Phase XIV that plats 24 sublots intended for townhouses on approximately 3.153 acres. The property is located on the east side of the Glacier Village Greens development at the northern end of East Nicklaus Avenue. Phase XIV of Glacier Village Greens included the extension of East Nicklaus Avenue to a temporary cul-de-sac that will provide an extension for future phases. The Kalispell City Council approved Glacier Village Greens Phases 14 through 22 in December of 2002 subject to 16 conditions. 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 to cover the remaining improvements. The personal check in the amount of 125 percent of the cost of the remaining improvements, or the amount of $31,375 has been submitted with the final plat. The remaining improvements are anticipated to be fully completed by July 31, 2004. 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. • This condition has been met. Phase 14 of the subdivision is in substantial compliance with the preliminary lot layout and roadway design. Conditions, No. 2; That the roadways serving the subdivision shall be constructed in accordance with the adopted Design and Construction Standards for the City of Kalispell for local roads and include the pavement, curbs, gutters, storm drainage, sidewalks and a minimum five foot landscape boulevard with street trees placed in accordance with a plan approved by the parks and recreation director. A letter from Providing Community Planning Assistance To: • City of Kalispell - City of Columbia Falls - City of Whitefish • Final Plat for Glacier Village Greens Ph XIV April 28, 2004 Page 2 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 met. A letter from the Kalispell Public Works Department dated 4/28/04 has been submitted approving the infrastructure. Certification of work to date is attached from the applicant's engineer, WMW dated 4/5/04. A subdivision improvements agreement is attached to cover uncompleted work including: road grading and paving, sidewalks, natural gas, landscaping, trees and engineering. $25,100 worth of work remains to be completed. Accordingly, a bond for $31,37S is attached. Condition No. 3: That a letter be obtained from the Kalispell Public Works Department approving the sewer and drainage facilities for the subdivision. • This condition has not yet been met. Attached is a letter dated 4/25/03 from City of Kalispell Public Works Department approving the plans and specification for the project. Condition No. 4: That a geotechnical analysis of the slope areas to the north and to the west of the proposed subdivision be performed that pertains to the stability of the slope and identifies any potential for failure due to development of the subdivision or other construction that might occur. The report shall be submitted to the Kalispell Public Works Department for their review and approval. • This condition is not applicable to this phase. Condition, No. 5: A storm water 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. A letter from Kalispell Public Works dated 4/ 25/03 approving the plans and specifications for this project has been submitted with the final plat application. Condition No. 6: That the developer obtain a letter from the Evergreen Water District or their engineer approving the water main extension and certifying that any necessary improvements have been completed. + This condition has been met. A May 14, 2003 letter from. the Evergreen Water &, Sewer District approving the plans and specifications for the main extension and a letter dated 4/26/04 verifying the flow rates has been submitted with the final plat application. Final Plat for Glacier Village Greens Ply XiV April 28, 2004 Page 3 Condition No. 7: The roads within the subdivision shall be named and signed in accordance with the policies of the Kalispell Public Works Department and the Uniform Traffic Control Devices Manual and be subject to review and approval of the Kalispell Fire Department. • This condition has been adequately addressed. A subdivision improvements agreement has been submitted with the final plat application which includes street signs. Condition No. 8: The developer shall provide a letter from the U.S. Postal Service approving the plan for mail service. • This condition has been met. These phases will utilize existing pre -approved mail facilities. 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. A subdivision improvements agreement has been submitted with the final plat. Condition No. 10: That the parkland dedication requirements shall be met by recognizing the existing park and parking improvements as well as open space within the development. . This condition has been met. Condition No. 11: All utilities shall be installed underground. . This condition has been met. 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 as well as fire flows and access shall be submitted with the final plat. The fire access and suppression system shall be installed and approved by the fire department prior to final plat approval. • This condition has been met. A letter from the Kalispell Fire Department dated 4/27/04 has been submitted approving the fire access and suppression. system. Fire flows have been verified by the Evergreen Water and Sewer District in a letter dated 4/26/04. Condition No. 13: That a minimum of two-thirds of the necessary infrastructure for this subdivision shall be completed prior to final plat submittal. Final Plat for Glacier Village Greens Ph XIV April 28, 2004 Page 4 • This condition has been met and verified with an on -site inspection and review by the Kalispell Public Works Department. Condition No. 14: 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 with the SIA. Disturbed areas will need to be revegetated. Condition No. 15: That the boundaries of the 100-year floodplain be established and delineated on the final plat. + This condition has been. met. This phase of the development is not within the 100-year floodplain. This project is part of a detailed study area and base flood elevations (BFE) are available on FIRM Panel 300023 1810D, revised October 16, 1996. Therefore, the 100-year floodplain shall be shown on those phases where the BFE meets the native ground. Condition No. 16: That preliminary approval shall be valid for a period of three years from the date of approval. • This condition has been met. This phase has been filed within the allowed timeframe. 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 December 16, 2002. 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. Final Plat for Glacier Village Greens Ph XIV April 28, 2004 Page 5 RECOMMENDATION: It can be found that 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 Glacier Village Greens Phase XIV and accept the subdivision improvements agreement as submitted. Please schedule this matter for the regular city council meeting of May 3, 2004. Sincerely, b Narda A. Wilson. Senior Planner NW Attachments: Vicinity map Copy of plat 1 opaque mylars of final plat 1 reproducible mylar of final plat 1 copy of final plat Ltr from Sands Surveying dated 4/2/04 Final plat application received 4/ 9 / 04 Ltr from Kalispell Public Works Dept dated 4/25/03 Ltr from Kalispell Public Works Dept dated 4/27/04 Ltr from Kalispell Fire Dept dated 4/27/04 Ltr from Montana DEQ dated 6/2/03 Ltr from Environmental Health Services dated 6/9/03 Ltr from Evergreen Water 8s Sewer District dated 5/ 14/03 Memo from Evergreen Water and Sewer District dated 4/26/04 Ltr from WMW Engineering dated 4/5/04 Subdivision improvements agreement and certification Treasurers Certification dated 4 / 2 / 04 Title report dated 3/3/04 Owl Corporation check for $31,375 for SIA collateral c: Sands Surveying, Inc. 2 Village Loop, Kalispell, Montana 59901 Owl Corporation/Mark Owens, 500 Palmer, Kalispell, Montana 59901 Theresa White, Kalispell City Clerk APPENDIX E SUBDIVISION IMPROVEMENT AGREEMENT 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 OWL Co oration (Name of Developer) a Co oration (individual, Company or Corporation) located at 500 Palmer Drive Kalispell, Montana 59901 , (Street Address/P. O. Box) (City, County, State, Zip) Party of the Second Part and hereinafter referred to as DEVELOPER. WITNESSETH: THAT WHEREAS, the Developer is the owner and developer of a new subdivision known as Glacier Village Greens, Phase 14 (Name of Subdivision) located at Glacier Village Greens East Niklaus Avenue (Location of Subdivision) and, WHEREAS, the City has conditioned it's approval of the final plat of Glacier Village Greens, Phase 14 upon the conditions as set forth in the Preliminary Plat (Name of Subdivision) 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 $_ 25,100 NOW THEREFORE, in consideration of the approval of the final plat of said Subdivision by the City, the .Developer hereby agrees as follows: 1. The Developer shall deposit as collateral with the City a Letter of Credit, or other acceptable collateral as determined by the City Council, in the amount of $_ 31,375_ , . 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 $. 31,375 .. the estimated cost of completing the required improvements in Glacier -Village Greens Phase 14 (Name of 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 July 31, 2004 3, That upon completion of the required improvements, the Developer shall cause to be filed with the City a statement certifying that: a. All required improvements are complete; b, That the improvements are in compliance with the minimum standards specified by the City for their construction and that the Developer warrants said improvements against any and all defects for a period of one (1) year from the date of acceptance of the completion of those improvements by the City; c. That the Developer knows of no defects in those improvements; d. That these improvements are free and clear of any encumbrances or liens; e. That a schedule of actual construction costs has been filed with the City; and, f All applicable fees and surcharges have been paid. 4. The Developer shall cause to be fled 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 before written. OWL Corporation (Name of Subdivision/Developer/Firm) by /4L/ e Secretary/Treasurer ark Owens (Title) STATE OF MONTANA COUNTY OF FLATHEAD On this ( day of , 2004, before me, a Notary Public for the State of Montana, personally appeared Mark Owens known to me to be the Secretary/Treasurer of OWL Corporation , whose name is subscribed to the foregoing instrument and acknowledged to me that he/she executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal this day and year first above written. ,Notary Public for the'Stiaw'of Montana Residing at qA & My Commission Expires � MAYOR, CITY OF KALISPELL u EW611 ATTEST FINANCE DIRECTOR EXI IIB1T B This agreement specifically includes the following improvements, their projected construction completion date and estimated construction costs. ESTIMATED CONSTRUCTION COSTS IMPROVEMENTS Street Grading/Paving $ 9,985 Sidewalks $ 12980 Natural Gas $ 6,700 Landscaping; $ 2,160 Trees - 14 ( $200 each $ 2,450 Engineering $ 800 SUBTOTAL $ 25,100 FEES $ TOTALS COSTS$ 25,100 TOTAL COLLATERAL (TOTALS COSTS X 1250/.)$ 31,375 Estimated date of completion is July 31, 2004 SANDS SURVEYING, INC. 2 village Loop Kalispell, MT 59901 406-755-6481 Fax 406-755-6488 April 2, 2004 Narda Wilson, Senior Planner Tri-City Planning Office 17 Second Street East, Suite 211 Kalispell, MT 59901 RE: Flathead Village Greens Phases XIV Dear Narda: Attached please find the materials required For the review of Flathead Village Greens Phase XIV final plat. This was granted preliminary plat approval on December 10, 2002 and will expire on December 10, 2005. The following is the list of Conditions of Subdivision Approval and horn each Condition was met. 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_ The final plat submitted for Phases XIV is in substantial compliance with the approved preliminary plat: 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, storms drainage, sidewalks and a minimum five foot landscape boulevard with street trees place in accordance with a plan approvers by the Parks and Recreation director. A letter from an engineer licensed in the State on 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, Please refer to the attached letters and Subdivision Improvement Agreement from WMW Engineering and the City of Kalispell, Department of Public Works. 3. That a letter be obtained from the Kalispell Public Works Department approving the sewer and drainage facilities for the subdivision. Please refer to the attached letter. 4. That a geotechnical analysis of the slope areas to the north and to the west of the proposed subdivision be performed that pertain to the stability of the slope and identify any potential for failure due to development of the subdivision or other construction that might occur. The report shall be submitted to the Kalispell Public Works Department for their review and approval. This report was submitted with the Phase which was affected by the steep hillside. It is available upon request; It was a geo-technical report from GMT Consultants, Inc., with their recommendations for Lots 3, 4 and 5 of Phase XVI. 5. A storm water 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. Defer to letters from the Kalispell Public Works Department and the Department of Environmental Quality. 6. That the developer obtain a letter from the Evergreen Water District or their engineer approving the water main extension and certifying that any necessary improvements have been completed. Please see attached letter from the Evergreen Water District. 7. The road 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 and be subject to review and approval of the Kalispell Fire Department. Please refer to the attached letter from the Kalispell Public Works Department and the Kalispell Fire Department. 8. The developer shall provide a letter from the U.S. Postal Service approving the plan for mail service. These phases will utilize existing, pre -approved mail facilities. 9. Street lighting shall be located within the subdivision and shall be shielded so that it does not intrude unnecessarily onto adjoining properties. Please refer to the attached letter from the Kalispell Public Works Department and INMW Engineering stating that all improvements are in place. 10. That the parkland dedication requirements shall be met by recognizing the existing park and parkland improvements as well as open space within the development. As stated. 11. All utilities shall be installed underground. All utilities have been installed underground 1Z 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 as well as fire flogs and access 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 Please refer to the attached letter from Jim Stewart of the Kalispell Fire Department. Fire flows were measured by Evergreen Water and I have attached those figures. 13. That a minimum of two-thirds of the necessary infrastructure for this subdivision shall be completed prior to final plat submittal. Improvements that have not been completed are included in the Subdivision Improvements Agreement, attached, with letter of credit. 14. All areas disturbed during development of the subdivision shall be re -vegetated with a weed -free mix immediately after development. All areas will be re -seeded as per agreement with Parks and Recreation. This will be done in conjunction with the planting of street trees. 15. That the boundaries of the I00-year floodplain be established and delineated on the final plat. This phase of Flathead Village Greens is not within the 700 year fioodplain. 16. That preliminary plat approval shall be valid for a period of three years from the date of approval with a three year extension as the final plat for each phase is filed. The preliminary plat is riled before the expiration deadline. Thank you for your kind attention to these final plats. Please feel free to call should you have questions, concerns or require additional information. Sincerely, f erica Wirtala Tri-City Planning O,0'ice 17 Second St East, Suite 211 Kalispell, MT 59901 Phone: (406) 751-1850 Fax: (406) 751-1858 FINAL PLAT APPLICATION Project Name: GLACIER VILLAGE GREENS PHASE XIV Contact Person: Name: TOM SANDS, SANDS SURVEYING, INC. Address: 2 VILLAGE LOOP KALISPELL, MT 59901 Phone No.: 755-6481 Date of Preliminary Plat Approval: NOVEMBER 2 2003 Owner & Mailing Address: O'iliL COPRORATION MARK OWENS KALISPELL, MT 59901 Type of Subdivision: Residential XX Industrial Commercial _PUD Other No. of Lots Proposed 24 Parkland (acres) N A Land in Project (ac.) 3.153 Cash -in -Lieu Exempt FILLING FEE ATTACHED $1660.� Minor Subdivision with approved preliminary plat $300 + $30/lot Major Subdivision with approved preliminary plat $500 + $30/lot Subdivisions with Waiver of Preliminary Plat $500 + $30/lot Subdivision Improvements Agreement $ 50 Not Attached Applicable (AMST_CHECK ONE XX Health Department Certification (Original) Title Report (Original, not more than 90 days old) Tax Certification. (Property taxes must be paid)l) Consent(s) to Plat (Originals and notarized) _ Subdivision Improvements Agreement (Attach collateral) _xx— Parkland Cash -in -Lieu (Check attached) 2x Maintenance Agreement Puts: 1 opaque OR 2 Mylars l Mylar copy 1 signed blueline 4 bluelines 4 bluelines, unsigned 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, Mate 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 of date of the preliminary plat. When all application materials are submitted to the Tri-City Planning Office, and the staff finds the application is complete. the staff will submit a report to the governing body. The governing body must act within 30 days of receipt of the revised preliminary plat application: and staff report. Incomplete submittals xill 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 Planing Board. 1 certify that all information is true_ accurate and complete. I understand that incomplete information will not be accepted and that false information will delay the application and may invalidate any approval. The signing of this application signifies approval for Tri-City Planning staff to be present on the property for routine monitoring and inspection during the approval and development process. "NOTE Please be advised that the County Clerk €l Recorder requests that all subdivision final plat applications be accompanied with a digital copy. Owner(s) Signature *,'A digital copy of the final plat in a Drawing Interchange File (DX') format or an AutoCAD file format, consisting of the following lavers: 1. Exterior boundary of subdivision 2. Lot or parr boundaries 3. Eastment 4. Roads or rights -Of wav 5. A tie to either an existing subdivision corner or a corner of the public land survey sytem As approved by the TCPB on 12/19/0.1 Effective 1/1102 City of Kalispell Public Works Department Post Office Box. 1997, Kalispell, Montana 59903-1997 - Telephone (406)758-7720, Fax (406)758-7831 April 25, 2003 Dick Montgomery, P.E. Environmental Health Services Flathead City -County Health Department 1035 First Avenue West Kalispell, Mt. 59901 Re: Glacier Village Greens, Phases, 14, 18, and 22 Kalispell, Montana Dear Dick, This letter is to confirm that the City of Kalispell has reviewed and approved the construction plans and specifications prepared by Paul L. Wells, P.E., for the referenced project. The Kalispell sanitary sewer system has adequate capacity to serve the project. Please feel free to call if you have any questions. Respectfully, :);�Z �r4ankastles Civil Engineer cc: Paul L. Wells, P.E. City of Kalispell Public Works Department � r Post Office Box 1997, Kalispell, Montana 59903-1997 - Telephone (445)758-7720, Fax (406)738-7831 April 27, 2004 Owl Corporation 500 Palmer Drive Kalispell, Montanta 59901 Attention: Mark Owens RE: Flathead Village Greens, Phase 14 Kalispell, Montana Dear Mark: Based upon your letter dated April 5, 2004, the Subdivision Improvement Agreement Appendix E, Exhibit B, and an on -site observation of the project site, the construction of the City's infrastructure is approved. The remaining items of work are: Landscaping Trees If you have any questions, please do not hesitate to contact this office. Ycererank ly yk Castles, P.E. Assistant City Engineer x{ALISPELL FIDE DEPARTMENT Randy Brvdehl - Fire Chid Jim Stewart - Assistant ChieflPrevention Dec McCluskey -- Assistant Chief/Operations April 27, 2004 Sands Surveying 2 Village Loop Kalispell, MT 59901 Attn: Erica Wirtala Re: Final plat approval — Glacier Village Greens Phase 14 Dear Efic:a, 312 Fim Avenue East Kalispell, Montana 59NI (406)758-7764 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 = Nards Wilson, Tri-City Planning Office "Assisting our community in reducing, preventing, and mWyadng emergmcias, " June 2, 2003 WMW Engineering PC Lee Griswold 50 West Second St Whitefish MT 59937 Dear Mr Griswold: RE: Flathead Village Greens Phases 14,18 & 22 Municipal Facilities Exclusion EQ#03-2650 City of Kalispell Flathead County This is to certify that the information and fees received by the Department of Environmental Quality relating to this subdivision are in compliance with 76-4-127, MCA and ARM 17.36.602. Under 76-4-124, MCA, this subdivision is not subject to review, and the plat can be filed with the county clerk and recorder. Plans and specifications must be submitted when extensions of municipal facilities for the supply of water or disposal of sewage are proposed {76-4-111 (3), MCA}. Construction of water or sewer extensions prior to approval is prohibited, and is subject to penalty as prescribed in Title 75, Chapter 6 and Title 76, Chapter 4. This file has been mailed to the Water Protection Bureau, Kalispell Office for their review. Sincerely, ff. � Janet Skaarland Compliance Technician Subdivision Section Water Protection Bureau (406) 444-1801 — email jskaarland@state.mt.us cc: City Engineer, City of Kalispell County Sanitarian file CentrAz''d Services Division ° Enforcement D€®'€ an - Permitting & CoAiipfia€ ce, Divis€€SR • Phi aBB ing, Prey ntit)n & : sgistan Cc, Division - RCFA€ediagion Division Environmental Health Services 1035 First Avenue Vilest Kalispell, MT 59901 (406) 751-8130 Fax: 751-8131 Monday, June 09, 2003 Lee J. Griswold WMW Engineering 50 W. 2 nd. St. Whitefish, MT. 59937 Administration 751-8101 FAX 751-8102 Community Health Services 751-8110 FAX751-8111 Reproductive Health Services 751-8150 FAX 751-8151 WIC Services 751-8170 FAX 751-8171 Re: Glacier Village Greens, Phases 14, 18 & 22, Water & Sewer Main Ext., Kalispell, Proj. # Ft1-03-07 Dear Lee, The plans with specification. notes, certified checklist and required documents for the above referenced project have been reviewed by this office and are satisfactory. Approval to proceed with the project is hereby given. One set of the approved plans is enclosed. This project includes installation of water and sewer main extensions as shown on plans prepared by WMW l angin.eering and received by this office on 6lfi103. The plans were submitted under the seal and stamp of Paul Wells, it 7378 E. Appro,�ai is given with the understanding that any deviation from the approved plans and specifications will be subr.,itted to the department for review and approval. Prior to commencing use of any portion of a new public system, the owner or his engineer, shall certify by letter to the Department that the portion of the system to be put into L7e was built in accordance with approved plans and specifications. As -built drawings for the portion of the syste=n put into use must be provided to the Department within 90 days after the date of initial use. Within 90 days aftr the entire project has been completed, the project engineer shall certify to the Department that the project was Inspected and found to be installed in accordance with the plans and specifications approved by the Department. This certification shall be accompanied by a set of record as built drawings of the entire project, signed by the project engineer. It is 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 contazt this office if you have any questions. Sine ! y- Richard T. Montgomery, P. Envir,mmental Engineer copies to: Water Quality Division- Helena & Kalispell City of Kalispell, Dept. of Public Works Flathead County Water and Sewer District #1, Evergreen It is the mission of the Flathead City -County Health Department to assure the conditions in which people can be healthy through collaboration, promoting stewardship of our resources, and providing preventive health services to our community_ at & Sewer Di,,t, ct GOB` 130 Nicholson DPW • Kalispell, MT 59901 Phone: (4061 257-5861 Fax: (4061756-1588 y� May 14, 2003 WMW Engineering 50 West Second St. Whitefish, MT 59937 Attention: Lee Griswold Dear Lee: The plans you provided for water main extensions to serve phases 14, 18, and 22 of Flathead Village Greens were reviewed and approved by the Board of Directors at the regular board meeting held on May 14, 2003. I will prepare a main extension agreement and get that to you for signatures. Sincerely, Roberta Struck' District Manager TO: KALISPELL CITY COUNCIL FROM: EVERGREEN SEWER AND WATER DATE: APRIL 26, 2004 RE: FIRE HYDRANT WATER FLOW RATES/QUANTITY I do hereby certify that the Fire hydrant at 187 E. Nicklaus was tested by a licensed water operator for water flow rates and capacity on April 23, 2004. The flow rates are 1060 gallons per minute at 40 psi. Sin ly WMW ENGINEERING, PC Paul Wells, P.E. Principal Engineer April 5, 2004 Mayor Pam Kennedy and City Council Members City of Kalispell 800 Main Street Kalispell, Montana 59901 4 Dear Mayor Kennedy and Council Members: Consulting Engineers 50 West Second Street Whitefish, Montana 59937 Phone (406) 862-7826 Fax (406) 862-7827 Re: Glacier Village Greens, Phase 14 The work to date for Glacier Village Greens, Phase 14, has been installed according to approved plans and specifications. Plat Room FlMIRNI(1 COLIIIty, IVIOlitalli€ 800 S, Main St. Kalispell, IVIT 59901 (,)t)ti) 7513--5!; i () This Form is Ior Sirl)(livisiolls & t`:oIldomilliIIIIIS Oftly B Y: VdA at mm d's 1)1'S(__I i'HRIIt I{;I: I!P) I IIIRIJ COIDa_w, n ;KIIAt Alt r/ 0 � _�-7l35 7 7 V-P 111eI1 by, f:l_' lift' Wal plum my im milstowul5q) iawn im Ow I"(I lgl,r' assttjllud ill('_ assessor in"iI wis Mud idnive, for the Vim q 41uk mpil Im 1'001 iiEiiidw?. 0 Fes. PRELIMINARY SUBDIVISION CERTIFICATE OF TITLE Policy No. 7208926- CHICAGO TITLE INSURANCE COMPANY To the County of ....,,.,.Flathead _ . and the City of Kalispell in Montana CHICAGO TITLE INSURANCE COMPANY, a corporation organized and existing under the laws of the State of Missouri, with its principal office in the City of Chicago, Illinois, and duly authorized to insure titles in Montana hereby certifies that from its examination of these public records which impart constructive notice of matters affecting the title to the real estate described in Schedule A hereof, as of the 3r'd day of Marc h , 2004 , at S o'clock P.M., the title to the described real estate was indefeasibly vested in fee simple of record in: Fl athead Vi l l age Greens L . L . C . , A Nevada Limited Liabi 1 ity Company formerly know as Qo Development, L.L.C., A, Nevada LiMi ted Li abi 1 i ty Company subject only to the objections, liens charges, encumbrances and other matters shown under Schedule B Hereof. The maximum liability of the undersigned under this certificate is limited to the sum of $10 a 000.00 This certificate of title is made in consideration of the payment of the premium by the subdivider of the land and for the use of the County and City above named. Issued by STERLING Ti TLE SERVICES 11 South d in Sis e , p,0. aisp 3!, dAT 59903 pho nW i4W 7 —2 -7000 n Fis 9) 743_72u7 1 1 ¢ �603 (Escrow) €f At Authorized Sig- i CHICAGO TITLE INSURANCE COMPANY ATTEST 1;�� 1 6- A Soenwy Reorder Form No. 9113 (Reprinted 12/00) Preliminary Subdivision Certificate of Title For Use In Montana SCHEDULE A Page 2 Certificate No.: 7208926-1198 Our pile No.: CG-38496 Being the legal description of the real estate covered by this certificate. The following -described parcels of real estate: A tract of land, situated, lying, and being in the Southwest Quarter of the Northeast Quarter (SWl/4NE%a) of Section 32, Township 29 North, Range 21 West, P.M.,M., Flathead County, Montana, and more particularly described as follows: Beginning at the NE corner of Lot 20B, as shown on the plat of Glacier Village Greens, Phase XI (records of Flathead County, Montana) to a point and which point is on the Westerly R/W of a 60 foot road known as East Nicklaus Avenue; thence along said R/W North 04032'00" East, a distance 42.96 feet to a point; thence North 85°28'00" West, a distance of 114.00 feet to a point; thence North 04°3 2' 00" East, a distance of 351.13 feet to a point; thence North 13°50' 12" East, a distance of 123.17 feet to a point; thence South 76°21'47" East, a distance of 114.00 feet to a point, thence South 80008'07" East, a distance of 60.13 feet to a point and the P.C. of a 10.00 foot radius curve, concave Southeasterly (radial bearing South 76°21'47" East); thence Northeasterly and Southeasterly along said curve through a central angle of 86°31'21" an arc length of 15.10 feet to a point; thence South 79050'26" East, a distance of 104.80 feet to a point; thence South 131125'31" West, a distance of 126.12 feet to a point; thence South 04°32'00" West, a distance of 342.00 feet to a point; thence North 85°28'00" West, a distance of 114.00 feet to a point on the Easterly R/W of said road; thence along said R/W South 04°32'00" West, a distance of 40.07 feet to a point on the North boundary of said plat; thence leaving said R/W and along said North boundary North 88046'49" West, a distance of 30.05 feet to the centerline of said road; thence along said centerline North 04°3 2' 00" East, a distance of 20.03 feet; thence leaving said centerline North 88°46'49" West, a distance of 30.05 feet to the Point of Beginning. To Be Known As: GLACIER VILLAGE GREENS, PH. XIV Page 3 Certificate No.: 7208926-1198 Our File No.: CG-38496 Being all of the estates, interests, equities, lawful claims, or demands, defects, or objections whatsoever to title; and all easements, restrictions, liens, charges, taxes (general, special, or inheritance, or assessments of whatever nature), or encumbrances; and all other matters whatsoever affecting said premises, or the estate, right, title, or interest of the record owners, which now do exist of record. 1. Property taxes, including any assessments collected with the taxes, for the year 2004, 2. Reservations in Patents or the acts authorizing the issuance thereof. 3. Mineral rights, claims or title to minerals in or under said land, including but not limited to metals, oil, gas, coal, or other hydrocarbons, sand, gravel or stone, and easement or other rights relating thereto, whether express or implied, recorded or unrecorded. 4. Taxes, charges, and assessments of Village County Sewer District, payable with the general. taxes. Agreement for waterworks system, recorded July 14, 1906 under Recorder's Fee #3491, in Book 54, page 635, and agreement conveying said waterworks system, recorded March 6, 1915 under Recorder's Fee 9697, in Book 112, page 332, records of Flathead County, Montana. 6. Notice of Appropriation of Water Right, recorded September 23, 1919 under Recorder's Fee #3353, in Book 129, page 170, records of Flathead County, Montana. 7. Notice of Appropriation of Water Right, recorded August 24, 1936 under Recorder's Fee 42621, in Book 221, page 297, records of Flathead County, Montana. 8. Easement for transmission line and related purposes granted to Pacific Power & Light Company, recorded March 17, 1958 under Recorder's Fee 41704, in Book 414, page 455, records of Flathead County, Montana. 9. The restrictive covenant that mobile homes or factory built homes designed for transport wherein the transport frame is an integral part of the structure shall not be allowed on the property, notice given by instrument recorded November 14, 1991 as Document 9-9131809210, records of Flathead County, Montana. 10. Easement for transmission line and related purposes granted to Northwestern Telephone Systems, Inc., by instrument recorded November 8, 1985 as Document 98531211540, records of Flathead County, Montana. 11. Terms and provisions contained in the Articles of Incorporation of Glacier Village Greens, Subdivision Phase I Homeowners Association, Inc., and By -Laws of Glacier Village Greens Subdivision Phase 1, Homeowners Association, Inc., recorded November 17, 1988 as Document 98832213420, records of Flathead County, Montana, Page 4 Certificate No.: 7208926-1198 Our File No.: CG-38496 12. Certificate of Inclusion of Additional Territory into Flathead County Water District #1 - Evergreen, and rules and regulations adopted thereby, recorded March 26, 1986 as Document #8608513410, records of Flathead County, Montana. 13. Village County Sewer District Levy of Assessment filed September 2, 1988 as Document #8824609380, records of Flathead County, Montana. 14. Terms and provisions contained in Agreement regarding the development of Glacier Village Greens, recorded October 5, 1989 as Document 98927811250, records of Flathead County, Montana. 15. Easement for transmission line and related purposes granted to Pacific Power & Light Company, a corporation, recorded August 22, 1986 as Document 48623409430, records of Flathead County, Montana. 16. Terms and provisions contained in Interlocal Agreement regarding Flathead County Water & Sewer District No. 1 - Evergreen, filed October 25, 1990 as Document 99029809200, records of Flathead County, Montana. 17. Terms and provisions contained in Interlocal Agreement regarding Sanitary Sewer for Evergreen Water and Sewer District, filed November 27, 1991 as Document 99133111370, records of Flathead County, Montana. 18. Easement for transmission. line and related purposes granted to Pacificorp, a corporation, dba Pacific Power & Light Company, recorded March 23, 1992 as Document 49208315 180, records of Flathead County, Montana. 19. Easement for transmission line and related purposes granted to The Montana Power Company, recorded October 20, 2000 as Document #200029409030, records of Flathead County, Montana. 20. Terms and provisions contained in Resolution No. 4590 regarding annexation to the City of Kalispell, recorded November 2, 2001 as Document 200130609070, records of Flathead County, Montana. 21. Terms and provisions contained in Resolution No. 4761 regarding annexation to the City of Kalispell, recorded December 31, 2002 as Document #200236511500, .records of Flathead County, Montana. 22. Ten foot utility easements, utility easement certificate and a 55 foot radius temporary cul-de- sac as shown on the unrecorded plat of Glacier Village Greens, Ph. XI V. 23. No search has been made for water rights and unpatented mining claims, and liability thereon is excluded from coverage of this Certificate. ,a �!B 17 - 16 . 15 1 14 13 f 2 SA �,1 0 25 22 !`23 24 25 24 S7 1 a2 1ALB00A ... -....' x ......._ // 29 28 27 50'.35 Subject Property . 3, 25 ....:.......... _ �4 7 .'.. 24 iTea S% 13 � 22� �...�. __ 7 I - , 33 1 Y1 � M 7 rB1�� ,9, - - B B fr i ,193 i tEE 19 — 44141 V 74� 77E 194 r 37 2; i ,Q '� ~ ,Q '� j '!'--� s ab eci F'rope 1 1� � 1,7 43 ,is C-� 1 Xr;r ,,.% A r7T,1 �.0 r99 k is 2 r� j•CER �`74rE' .{ 1 # •�.�.. .�: i 7o, /[7 76 Q �C7ig AF. w g f z } ! s< 2 tis pt ' r � m ! saQ 1j 702 I74 2r6 5H Ilk _ i c 1A l i C j41 i f 4 ptt 3 ,4 i M.im a i18 $' i 1'86 n— i 2Ar <S Us 121 RA-3 5 *+24 O+ 1 i ? 43- T 1t G'.^E �,s y S 1 1c4�kf++ 9'4 fr8 1< PAW AREA 3w i GLAC,,E� , auac e— �} 148 i i� B � 51B2 2S :� ± 47 r11_ 171 14i,Y li!1�r -- ., 2axr€xiu r+eE !t y, i ce•. ,fit w srsff s7fsk 53kszrsu 50aCzuS „sue .aE i r ' t7;11316t_sa43i4214 6UE 3A 1441 f '� 77M : .� ; �r i�+as'3sy43�sz3u u trf 3e� - � sm QR- E tom• (ice \ f VICNITY MAP OWL CORPORATION MAJOR PRELIMINARY PLAT GLACIER VILLAGE GREENS PHASES 14 — 22 118 TOWNHOUSE LOTS & 55 SINGLE FAMILY RESIDENTIAL LOTS APPLICATION IN CONJUNCTION WITH ANNEXATION PETITION PWT DATE_10i21f02 FI E -i-E; KP P — 0 2 -'-- 77 SCALE 1 „ — 600' H:\g-is\iAte\kpp02_7-dwg f E'Lf . tNAKY -L4T C.` opscs:ivrtax. ifIFN 11lh�ff and l.�T � Nl/?_Nr!1 C:�SLC.�2, 729�., R_Z1vV. 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