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
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