HomeMy WebLinkAbout10-03-16 CC Mtg - C4. Flanders Mill Final Plat1
REPORT TO: Honorable Mayor and City Commission
FROM: Tim Cooper, Assistant City Attorney Chris Saunders, Interim Director of Community Development
SUBJECT: Approve the Flanders Mill Phase 2 Subdivision Final Plan, Authorize the Director
of Public Works to Execute the Same on Behalf of the City of Bozeman, and
Authorize the City Manager to Sign the Public Access Easement for Associated Open Space, Located Northwest of the Intersection of Ferguson Avenue and
Annie Street, Application 16376
MEETING DATE: October 3, 2016
AGENDA ITEM TYPE: Consent
RECOMMENDATION: That the City Commission approve the Final Plat for the Flanders Mill Phase
2 Subdivision Final Plat, Application 16376 and authorize the Director of Public Works to execute the
same on behalf of the City of Bozeman upon review and approval by the City Attorney’s Office and authorize the City Manager to execute the public access easement for open space on behalf of the City.
BACKGROUND: On September 8, 2014, the City Commission approved the findings of fact
completing the preliminary plat approval to subdivide 136.75 acres together with the required
supplementary plans and information to create 295 residential lots, open space, and streets in seven
phases. The developer has applied for final plat review and approval for Phase 2. The preliminary plat was unanimously approved (5:0) by the City Commission on July 7, 2014.
Staff has concluded that all terms and conditions of the preliminary plat approval have been met. An
improvements agreement has been completed for the future installation of sidewalks and street, striping,
and miscellaneous improvements. The appropriate financial guarantees have been received. Per Section
38.39.060 a restriction on issuance of building permits will apply until all street improvements are constructed.
UNRESOLVED ISSUES: None determined at this time.
ALTERNATIVES: 1) Approve the final plat as presented and recommended. 2) Deny the final plat.
FISCAL EFFECTS: Fiscal impacts are undetermined at this time, but will include increased property
tax revenues from new development, along with increased costs to deliver municipal services to the
property.
Commission Memorandum
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Attachments: Staff Memo
Final Plat Easement for Public Access Findings of Fact Report compiled on September 28, 2016
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PH-2
PH-4
FUTURE PHASE 4
FUTURE PHASE 351
Block R-3 OS ROW Grand Total
4 64,351 8,909 73,260
5 141,476 141,476
6 132,677 6,861 139,538
N/A 144,110 144,110
Grand Total 338,505 15,770 144,110 498,385
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G:\C&H\14\14500\PH 2 Final Plat\7. Perpetual Access Easement - Open Space.Docx
Return To: Bozeman City Clerk 121 N. Rouse Avenue Bozeman, MT 59715
PERPETUAL ACCESS EASEMENT
Across Common Open Spaces D & E, Flanders Mill Subdivision, Phase 2 CITY OF BOZEMAN, GALLATIN COUNTY, MONTANA
Flanders Mill, LLC, GRANTOR, does hereby grant to the Public and the City of Bozeman, a
Municipal Corporation of the State of Montana, with offices at 121 North Rouse Avenue,
Bozeman, Montana 59715, GRANTEES, a perpetual access easement for ingress and egress over, across and through Common Open Spaces D and E, as depicted on the Final Plat for Flanders Mill Subdivision, Phase 2, Bozeman, Montana. This right of ingress and egress is
subject to and limited by all applicable provisions set forth in the Declaration of Covenants,
Conditions, and Restrictions and Reservation of Easements For Flanders Mill and any rules
adopted by the Flanders Mill Homeowners Association, Inc.
The GRANTOR states that it possesses the real property described above and that it has a
lawful right to grant an easement thereon.
The GRANTOR further agrees that the GRANTEES may peacefully hold and enjoy the rights and privileges herein granted without any interruption by the GRANTOR.
The terms, covenants and provisions of this easement shall extend to and be binding upon
the heirs, executors, administrators, personal representatives, successors and assigns of the
parties hereto.
Dated this _______ day of __________________, 2016.
Flanders Mill, LLC, a Montana limited liability company
By: Homelands Development Co., LLC, managing member
___________________________________
By: Walter Wolf, Managing Member
STATE OF MONTANA )
) ss. County of Gallatin )
This instrument was signed or acknowledged before me on this ____ day of ________________,
2016, by Walter Wolf as managing member of Homelands Development Co., LLC, as managing
member of Flanders Mill, LLC.
_______________________________________ (SEAL)
Notary Public for the State of _______________
Printed Name: ______________________
Residing at: _______________, _________ My Commission Expires _____/ ______, 20 ____.
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G:\C&H\14\14500\PH 2 Final Plat\7. Perpetual Access Easement - Open Space.Docx
ACCEPTED: CITY OF BOZEMAN
____________________________________ By: Chris Kukulski, City Manager
ATTEST:
Stacy Ulmen, City Clerk
STATE OF MONTANA )
)ss. County of Gallatin )
On this ________ day of ___________________, 2016, before me, a Notary Public for the State
of Montana, personally appeared CHRIS KUKULSKI and STACY ULMEN, known to me to be
the City Manager and City Clerk, respectively, of the City of Bozeman, and the persons whose names are subscribed to the within instrument, and acknowledged to me that they executed the
same for and on behalf of the City of Bozeman.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day
and year first above written.
Notary Public for the State of Montana (SEAL)
Printed Name: ________________________
Residing at My Commission Expires / /20
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