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.
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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
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PH-4
PH-7
FUTURE PHASE 7
PHASE 2PHASE 3
FUTURE PHASE 5
FUTURE
PHASE 6
FUTURE
PHASE 7
Δ=
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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
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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 ____.
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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
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