Resolution 3248 - Subdivision - Hawthorne WestRESOLUTION NO. jg�
A RESOLUTION TO APPROVE, AS A SUBDIVISION OF THE CITY OF KALISPELL,
THE RESUBDIVISION OF a PORTION OF LOT 6, PORTA VILLA SUBDIVISION
NO. 3, OF THE CITY OF KALISPELL, TO BE KNOWN AS HAWTHORN WEST II,
SUBDIVISION NO. 101, OF THE CITY OF KALISPELL.
W I T N E S S E T Hi
WHEREAS, Garmen H. Meadows, et al-, the owners of Lot 6, Porta
Villa Subdivision No. 3, of the City of Kalispell, have petitioned
for the approval of the resubdivision of said premises to be known
as Hawthorn West II, Subdivision No. 101, and all persons having
an interest in said premises have, in writing, consented to the re -
subdivision of said premises, as required by Section 11-3865, R.C.M.
1941, and
WHEREAS, said resubdivision does qualify for summary review
and approval under the provisions of the Subdivision Regulations
of the City of Kalispell as now in effect, and is a portion of the
Master Development Plan for Lot 6, Porta Villa Subdivision No. 3
as previously approved by the City Council for phase development,
and,
WHEREAS, said Flathead County Areawide Planning Organization
has recommended the City approve such resubdivision, and
WHEREAS, the City Council, in considering this request has
found, from the preliminary plat and evidence relating thereto, that
said resubdivision is in the public interest, and in making such
finding, the Council has considered and weighed (a) the basis of
Lhe need for the subdivision; (b) expressed public opinion; (c)
effects on agriculture; (d) effects on local services; (e) effects
on taxation; (f) effects on wildlife habitat, and (g) effects on
the public health and safety.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF KALISPELL, MONTANA,
SECTION 1. The Petition of Garmen H. Meadows, et al., for the
resubdivision of Lot 6, Porta Villa Subdivision No. 3, is hereby
approved and same shall hereaftbr be known as Hawthorn West II,
Subdivision No. 101, of the City of Kalispell, Montana.
SECTION 2. The classification of said premises under the
Kalispell Zoning ordinance shall not be changed by this action.
SECTION 3. That no further portion of said premises need be
dedicated to the City for park purposes.
SECTION �4. That as a condition of this approval, however, the
petitioners must agree to and comply with the following terms and
conditions:
(a) That all water and sewer systems necessary to serve said
area shall be provided by the petitioners in accord with the
specifications therefor imposed by the City of Kalispell and the
State of Montana, Department of Health; easements shall be provided
to the City of Kalispell for necessary access thereto for main-
tenance and repair of such facilities.
(b) That fire protection facilities within the area shall be
installed as required by the City of Kalispell.
-1-
10,13
(c) That the owners shall provide a waiver of protest to
�reation of any and all storm drain system SIDs as may be jroposed
Including or affecting any portion of said subdivision as well as
the sale of bonds or assessments to pay the costs thereof; such
waiver shall run with the land and be binding on the successors
in interest to the parcels of said subdivision.
(d) That all private streets within the development shall
be surfaced and maintained to a full twenty-four foot (24') width
by the petitioners or the homeowners association that may be
established for common purposes.
(e) That a homeowners association will be established to own,
control and maintain all of the common land within the said sub-
division and such association shall be responsible for all main-
tenance and improvements of the streets therein including, but not
limited to, snow removal, sanding, paving, sweeping, flushing,
signing, and parking.
(f) The City of Kalispell will maintain and repair underground
water and sewer facilities, except service lines to individual units,
and, in the course of excavating for such purpose will backfill,
bed and compact same to one foot (1') above the facility involved,
with further backfilling and final compaction and restoration of
surface and landscaping being the responsibility of the homeowners
association. The City shall also be held harmless for any damage
to the surface and landscaping that may result from the traffic of
emergency vehicles into the area.
SECTION 5. Upon the petitioners furnishing to the City the
appropriate documents to accomplish the conditions set forth above
and upon proper filing of the final plat of said resubdivision 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 MAYOR AND CITY COUNCIL OF THE CITY OF
KALISPELL, THIS 1 0/4 DAY OF 1979.
Norma E. Happ, Mayor
ATTEST.
"77cA,,� I *I- A ", 1 —.14 4'�' -"-'
Rarjorde Giermann, C t Clerk
d
the undersigned, City Clerk of the City of Kalispell certify that the foregoing is a true
q of the Resolution duly passed by the City Council of the City of Kalispell, Montana at
egular meeting held,_ J 2 1979
City C rk of the City of Kalispell
&Z