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Resolution 3270 - Subdivision - The Pines TownhouseRESOLUTION NO. 3270 A RESOLUTION TO APPROVE AS A SUBDIVISION OF THE CITY OF KALISPELL, MONTANA, THE PINES TOWNHOUSE SUBDIVISION NO. 113. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF KALISPELL, MON- TANA, AS FOLLOWS: SECTION 1. That pursuant to the petition of Darold Schaffer of Schaffer & Thompson, Inc., filed with the City Council of the City of Kalispell, and the submission to said Council by said petitioner of a preliminary plat reflecting the survey and designation of that territory within the City of Kalispell which said petitioner re- quests be approved as a subdivision therein, and pursuant to those provisions of Title 76, Chapters 3 and 4, MCA, that are applicable thereto and the duly adopted and enforced subdivision regulations of the City of Kalispell, the Council and Mayor do hereby approve that said territory shall become and be a subdivision of the City of Kalispell to be known as: THE PINES TOWNHOUSE SUBDIVISION NO. 113. SECTION 2. Park requirements having been satisfied when said property was originally subdivided, no additional park land or cash, in lieu thereof, is required. SECTION 3. The City Council, in considering this request, has found from the preliminary plat and evidence relating thereto, that said subdivision is in the public interest, and in making such finding, the Council has considered and weighed: (a) basis of need for the subdivision; (b) expressed public opinion; (c) effects on agri- culture; (d) effects on local services; (e) effects on taxation; (f) effects on wildlife habitat; and (g) effects on the public health and safety. SEC'PION 4. As a condition of said approval, however, petitioner must agree to the following terms and conditions: (a) sewer and water facilities in said subdivision shall be installed by the owners to the specifications of and.subject to approval of the City of Kalis- pell. Director of Public Works and the State of Montana Department of Health; (b) that the private streets in said subdivision be paved and maintained to a full twenty-eight (28) feet width; (c) an easement shall be reserved to the City for maintenance and repair of sewer and water lines; in the repair and maintenance of said sewer and water lines the City shall only be responsible for the bedding, backfilling and compaction of backfill one foot above the top of such sewer and water lines with the property owners through their common association organization responsible for all additional backfilling, compaction, landscaping and road repairs necessary to restore the area excavated for such repairs and maintenance to its original condition; (d) fire hydrants or other fire protection facilities in the area shall be installed by the owners as may be required by the City of Kalispell Fire chief; (e) that the owners of lots within the subdivision or a common association of them shall hold all streets and common use areas within the subdivision jointly and severally and same shall be subject to all lawful taxes and assessments levied against such areas; said owners or association shall also be responsible for all damage that may occur to the shrubs, trees or landscaping within the subdivision as a result of reasonable use by city vehicles, such as fire and garbage collecting trucks, within the subdivision; (f) the City will not he responsible for any paving, snow removal, or street striping, oiling, washing, sand- ing or sweeping or traffic signing within the subdivision; (g) the association of owners shall be responsible for establishing and maintaining one garbage collection facility for the entire subdivision at some convenient point within the subdivision and the City shall pick up garbage from the subdivision at that facility only. SECTION 5. Upon the presentation to the City of an acceptable final plat of said subdivision suitable for recording in the office of the Flathead County Clerk and Recorder and furnishing such other documents as may be necessary to implement the above conditions and upon approval and proper filing of said final plat and other proper documents in the office of the County Clerk and Recorder of Flathead County said territory shall become and be a subdivision of the City of Kalispell as herein provided. PASSED AND APPROVED BY THE CITY COUNCIL AND THE MAYOR OF THE CITY OF KALISPELL, MONTANA, THIS 17th DAY OF DECEMBER, 1979. Norma E. Happ, Mayor ATTEST: ,arjor A�eGiermann, City Clerk I, the undersigned, City Clerk of the City of Kalispell certify that the foregoing is a true copy of the Resolution duly passed by the City Co-uncil of the City of Kalispell, Montana at a regular meeting held December 17, 1979 Cityjffe—r—k of the City of Kalispell V