Loading...
HomeMy WebLinkAbout10-02-17 City Commission Packet Materials - C2. Flanders Mill Phase 4 Final Plat Commission Memorandum REPORT TO: Mayor and City Commission FROM: Tim Cooper, Assistant City Attorney Chris Saunders, Community Development Manager SUBJECT: Approve the Final Plat for Flanders Mill – Phase 4 Subdivision and authorize the Director of Public Works to execute the same on behalf of the City of Bozeman and authorize the Interim City Manager to sign the public access easement on behalf of the City. Application 17404. MEETING DATE: October 2, 2017 AGENDA ITEM TYPE: Consent RECOMMENDATION: That the City Commission approve the Final Plat for Flanders Mill Phase 3 Subdivision and authorize the Director of Public Works to execute the same on behalf of the City of Bozeman and authorize the Interim City Manager to sign the public access easement on behalf of the City. BACKGROUND: On September 8, 2014, the Bozeman City Commission conducted their review of the Preliminary Plat application for Flanders Mill Subdivision and voted 5-0 to conditionally approve the preliminary plat application. An extension to the term of approval has been granted by the Director of Community Development. §76-3-611(1), MCA, provides that the City Commission shall approve the plat only if: (a) it conforms to the conditions of approval set forth on the preliminary plat and to the terms of this chapter and regulations adopted pursuant to this chapter; and (b) the county treasurer has certified that all real property taxes and special assessments assessed and levied on the land to be subdivided have been paid. The County Treasurer has certified that all real property taxes and special assessments assessed and levied on the land to subdivide have been paid. Attached is a memorandum from Chris Saunders, stating the staff has concluded that all terms and conditions of the preliminary plat approval have been met. 9 There are three improvement agreements are associated with this final plat. One for street lighting fixtures, one for sidewalks for individual lots, and one for park and common open space improvements. UNRESOLVED ISSUES: None identified. ALTERNATIVES: None suggested or proposed. 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. Report compiled on: September 21, 2017 Attachments: Final Plat Easement 10 11 PH-4 PH-7 FUTURE PHASE 7 PHASE 2PHASE 3 FUTURE PHASE 5 FUTURE PHASE 6 FUTURE PHASE 7 Δ= 12 Block R-3 OS PARK ROW Grand Total 11 52,799 0 0 0 52,799 12 35,708 31,530 0 0 67,238 13 128,745 6,600 0 0 135,345 14 53,312 14,527 0 0 67,839 15 71,779 23,749 0 0 95,528 N/A 0 0 0 305,849 305,849 N/A 0 0 448,940 0 448,940 TOTAL 342,343 76,406 448,940 305,849 1,173,538 13 14 G:\C&H\14\14500\PH 4 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 J, K, L, M, N, Flanders Mill Subdivision, Phase 4 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 J, K, L, M, and N, as depicted on the Final Plat for Flanders Mill Subdivision, Phase 4, 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 __________________, 2017. 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 ________________, 2017, 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 ____. 15 G:\C&H\14\14500\PH 4 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 ___________________, 2017, 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 16