HomeMy WebLinkAbout12-17-18 City Commission Packet Materials - A2. West Winds 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 West Winds SW Subdivision to create 72
residential lots and an open space lot and authorize the City Manager to sign the public access
easement and the release and reconveyance of utility easements, the Director of Public Works to execute the same on behalf of the City of Bozeman, the Director of Parks to accept the improvements in lieu of parks, and the Director of Community Development to execute the
improvements agreements on behalf of the City of Bozeman. Application 18461.
MEETING DATE: December 17, 2018
AGENDA ITEM TYPE: Action
RECOMMENDED MOTION: I move that the City Commission approve the Final Plat for
West Winds SW Major Subdivision, application 18461, to create 72 residential lots and an open space lot, and authorize the City Manager to sign the public access easement and the release and
reconveyance of utility easements, authorize the Director of Public Works to execute the same
on behalf of the City of Bozeman, the Director of Parks to accept the improvements in lieu of
parks, and the Director of Community Development to execute the improvements agreement on
behalf of the City of Bozeman.
RECOMMENDATION: That the City Commission approve the Final Plat for West Winds
SW Major Subdivision and authorize the Director of Public Works to execute the same on behalf
of the City of Bozeman, the Director of Parks to accept the improvements in lieu of parks, and
the Director of Community Development to execute the improvements agreement on behalf of
the City of Bozeman.
BACKGROUND: This application is dependent on the completion of the preceding agenda
item to establish the required special improvement lighting district (SILD). As the SILD requires
a non-consent action of the City Commission this final plat must also be included on the action
agenda. As the following several City Commission meetings will be canceled due to holiday
scheduling this plat is presented tonight as an action item rather than adding substantial delay to the approval in order to be on the consent agenda.
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On June 18, 2018, the Bozeman City Commission conducted their review of the Preliminary
Plat application for Flanders Mill Subdivision and voted 3-0 to conditionally approve the
preliminary plat application.
§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.
There are three improvement agreements are associated with this final plat. One for sidewalks
for individual lots in the amount of $91,686, one for common open space improvements in the amount of $10,122, and improvements in lieu of parks in the amount of $69,574.50.
The application includes the first affordable housing plan required by preliminary plat. The
affordable housing manager and community development direction have approved the affordable
housing plan to construct six homes and require payment of $117,467 at time of occupancy of
the first home. The applicant will utilize down payment assistance, impact fee reimbursement, and parkland reduction. The affordable housing plan and memo is attached for reference.
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: December 3, 2018
Attachments: Final Plat
Public access easement Release and reconveyance of utility easements Affordable housing manager’s memo
Affordable housing plan
Community Development memo
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BlockOSR-3ROWTotalN/A 128,845.00 128,845.001 5,187.00 56,016.00 61,203.002 22,509.00 22,509.003 34,537.00 34,537.004 43,159.00 43,159.005 93,992.00 93,992.006 94,146.00 94,146.00Total 5,187.00 344,359.00 128,845.00 478,391.00376
West Winds Parkland DedicationOriginal AllocationProposed AppropriationLotsPark Dedicated (ac.)Lots (1 d.u./lot)Required Dedication (ac.)Lot 1 Block 1 Phase 4 WW0.54170.5100Lot 2 Block 1 Phase 4 WW0.54150.4500Lot 1 Block 1 Phase 5 WW0.48401.2000Total1.56722.16Required Parkland Dedication (ac.):0.60(sf):26136Required Improvements-In-Lieu ($1.5/sf): $ 39,204.00Provided Improvements-In-Lieu:377
\\MADISON\Officedata\C&H\18\180229\Plat - Final\Working Files\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 1, West Winds SW Subdivision P.U.D.
CITY OF BOZEMAN, GALLATIN COUNTY, MONTANA
ISLANDS, 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 Open Space 1, as depicted on the Final Plat for West Winds SW
Subdivision P.U.D., City of 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 West Winds SW Subdivision P.U.D. and any
rules adopted by the West Winds Master 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 __________________, 2018.
ISLANDS, LLC., a Montana limited liability company
___________________________________
By: W. Mark Easton, Member
STATE OF MONTANA )
) ss.
County of Gallatin )
This instrument was signed or acknowledged before me on this ____ day of ________________,
2018, by W. Mark Easton as member of ISLANDS, LLC, a Montana limited liability company.
_______________________________________ (SEAL)
Notary Public for the State of _______________
Printed Name: ______________________
Residing at: _______________, _________
My Commission Expires _____/ ______, 20 ____.
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ACCEPTED: CITY OF BOZEMAN
____________________________________
By: Andrea Surratt, Acting City Manager
ATTEST:
By: Robin Crough, City Clerk
STATE OF MONTANA )
)ss.
County of Gallatin )
On this ________ day of ___________________, 2018, before me, a Notary Public for the State
of Montana, personally appeared ANDREA SURRATT and ROBIN CROUGH, known to me to
be the Acting 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
G:\C&H\18\180229\Plat - Final\Working Files\Perpetual Access Easement - Open Space.Docx
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Return To:
ISLANDS, LLC.
P.O. Box 11078
Bozeman, MT 59719
RELEASE AND RECONVEYANCE OF EASEMENT
COMES NOW the City of Bozeman, 121 North Rouse Avenue, Bozeman, MT 59715, a
Municipal Corporation of the State of Montana, hereinafter referred to as GRANTOR, and does
hereby release and reconvey the following described easement(s) unto ISLANDS, LLC, a
Montana limited liability company, hereinafter referred to as GRANTEE, with a mailing address
of P.O. Box 11078, Bozeman, MT 59719, as follows:
W I T N E S S E T H
WHEREAS the Grantor is the legal record title holder of the following described easements:
(1) 15’ x 27’ Water Line Easement located near the northeast corner of Lot 4, Amended Plat
of Lot 1 and Lot 2 of Block 1 and Lot 1 of Block 4 of West Winds Major Subdivision
Phase 4 and Lot 1 of Block 3 and Lot 1 of Block 4 of West Winds Major Subdivision
Phase 5, [Plat J-493A], according to the plat thereof, on file and of record in the office of
the Clerk and Recorder, Gallatin County, Montana, as said easement is shown on said
plat, which was originally granted with Doc. No. 2311596.
(2) 15’ x 27’ Water Line Easement located near the northeast corner of Lot 4, Amended Plat
of Lot 1 and Lot 2 of Block 1 and Lot 1 of Block 4 of West Winds Major Subdivision
Phase 4 and Lot 1 of Block 3 and Lot 1 of Block 4 of West Winds Major Subdivision
Phase 5, [Plat J-493A], according to the plat thereof, on file and of record in the office of
the Clerk and Recorder, Gallatin County, Montana, as said easement is shown on said
plat, which was originally granted on the Final Plat of West Winds Major Subdivision
Phase 4.
(3) 32’ x 20’ Storm Sewer Easement located near the northwest corner of Lot 2, Amended
Plat of Lot 1 and Lot 2 of Block 1 and Lot 1 of Block 4 of West Winds Major
Subdivision Phase 4 and Lot 1 of Block 3 and Lot 1 of Block 4 of West Winds Major
Subdivision Phase 5, [Plat J-493A], according to the plat thereof, on file and of record in
the office of the Clerk and Recorder, Gallatin County, Montana, as said easement is
shown on said plat, which was originally granted on the Final Plat of West Winds Major
Subdivision Phase 4.
(4) 30’ x 22’ Sanitary Sewer Easement located on the north side of Lot 2, Amended Plat of
Lot 1 and Lot 2 of Block 1 and Lot 1 of Block 4 of West Winds Major Subdivision Phase
4 and Lot 1 of Block 3 and Lot 1 of Block 4 of West Winds Major Subdivision Phase 5,
[Plat J-493A], according to the plat thereof, on file and of record in the office of the Clerk
and Recorder, Gallatin County, Montana, as said easement is shown on said plat, which
was originally granted on the Final Plat of West Winds Major Subdivision Phase 4.
(5) 30’ x 22’ Sanitary Sewer Easement located on the east side of the common boundary
between Lot 2 and Lot 3, Amended Plat of Lot 1 and Lot 2 of Block 1 and Lot 1 of Block
4 of West Winds Major Subdivision Phase 4 and Lot 1 of Block 3 and Lot 1 of Block 4 of
West Winds Major Subdivision Phase 5, [Plat J-493A], according to the plat thereof, on
file and of record in the office of the Clerk and Recorder, Gallatin County, Montana, as
said easement is shown on said plat, which was originally granted on the Final Plat of
West Winds Major Subdivision Phase 4.
(6) 30’ x 22’ Water Line Easement located on the east side of Lot 3, Amended Plat of Lot 1
and Lot 2 of Block 1 and Lot 1 of Block 4 of West Winds Major Subdivision Phase 4 and
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Lot 1 of Block 3 and Lot 1 of Block 4 of West Winds Major Subdivision Phase 5, [Plat J-
493A], according to the plat thereof, on file and of record in the office of the Clerk and
Recorder, Gallatin County, Montana, as said easement is shown on said plat, which was
originally granted on the Final Plat of West Winds Major Subdivision Phase 4.
The GRANTOR, for and in consideration of the sum of $1.00 and other good and valuable
consideration, to it in hand paid, the receipt of which is acknowledged, does hereby remise and
release forever, unto the GRANTEE, its heirs and assigns, all of GRANTOR’S right, title and
interest in and to the previously described easements, situated in the Gallatin County, Montana.
WHEREAS the above described easements were granted by the filing of the Final Plat of West
Winds Major Subdivision Phase 4 [Plat J-493], on September 30, 2008, and the recording of the
Sewer and Water Pipeline Easement and Agreement as Document No. 2311596, on September
30, 2008, respectively, at the Clerk and Recorder's Office of Gallatin County, Montana.
WHEREAS the water, sewer, and storm sewer services that were installed within these
easements will be located within private residential lots with the Final Plat of West Winds SW
Subdivision P.U.D., and will either be utilized by those residential lots or will be abandoned with
the construction of West Winds SW Subdivision P.U.D..
WHEREFORE, the Grantor does hereby release and reconvey to the GRANTEE the easements
previously referred to herein and as set forth on Exhibit A attached hereto and made a part of
this document by this reference, together with any right, title, or interest that the Grantor may
have in said easements as set forth on Exhibit A.
DATED this ______ day of _____________________, 2018.
GRANTOR - CITY OF BOZEMAN
________________________________
By: Andrea Surratt, City Manager
ATTEST:
Robin Crough, City Clerk
STATE OF MONTANA )
)ss.
County of Gallatin )
On this ________ day of ___________________, 2018, before me, a Notary Public for the State
of Montana, personally appeared ANDREA SURRATT and ROBIN CROUGH, 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.
____________________________________ (SEAL)
Notary Public for the State of Montana
Printed Name: ________________________
Residing at
My Commission Expires / /20
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MEMORANDUM
TO: TIM COOPER, ASSISTANT CITY ATTORNEY ROBIN CROUGH, CITY CLERK
FROM: CHRIS SAUNDERS, COMMUNITY DEVELOPMENT MANAGER
SUBJECT: FINAL PLAT REVIEW FOR THE WEST WINDS SW MAJOR SUBDIVISION,
PLANNING FILE NO. 18461
DATE: NOVEMBER 19, 2018
C&H Engineering, on behalf of Islands, LLC (Applicant), has made application to the City of Bozeman Department of Community Development for Final Plat review and approval for the West Winds SW Major Subdivision, a 73 lot residential subdivision. The Commission approved the Finding of fact on June 18, 2018. Three Improvement Agreements are required for this subdivision. Agreements are for the installation of internal sidewalks; installation of internal open space and park improvements. The SILD in support of the project is scheduled for Commission action on December 17, 2018. All other necessary infrastructure improvements are constructed. Based on the summary review provided below the City Engineering Department and Department of Community Development have reviewed the application against the conditions of preliminary plat approval; and as a result, find that the final plat application may be approved by the City Commission. Three (3) original mylars of the Final Plat, original Platting Certificate, improvement agreements, deed, and an easement are attached for your review. The findings of fact and order are available in the 2018 laserfiche folder at http://weblink.bozeman.net/WebLink8/0/doc/158558/Electronic.aspx. The property owner’s association documents and other applicable documents were previously recorded at the Clerk and Recorder’s Office. The Community Development staff respectfully requests that you conduct your review so that upon completion of the water rights analysis the plat can proceed to City Commission action. Therefore, please prepare a City Attorney's Certificate using the attached original Platting Certificate as updated; approve the Certificates of Director of Public Works, Director of Parks,
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and Certificate of Completion "as to form". The final City signatures on the plat and improvements agreements will be obtained once the City Commission has approved the final plat. A completed application with the two noted exceptions was submitted to the Community Development Department on November 15, 2018. The final plat must complete review 45-day
(working days) review period by January 23, 2019. The conditions of preliminary plat approval, which are pertinent to this major subdivision and how they have been met are described in the submittal materials. An exception to this are that it was determined that subdivision improvements agreements are required for uninstalled sidewalks, park improvements, and open spaces. We have the agreements in hand and the financial guarantees will be provided by irrevocable standby Letter of Credit. The LOC appear to meet the require form. The original of each LOC is included with the IA.
Note: The Community Development Department and Engineering Departments have reviewed the final plat application against the preliminary plat cited code provisions and found compliance with these code requirements. The Engineering Department has reviewed and approved the “closure” of the final plat. The project is scheduled for consideration by the City Commission on February 26, 2018. All required materials have been uploaded to Agenda Manager. Please let me know if this will not work. Attachments: Three (3) Mylar Final Plats and One (1) Blackline Copy Applicant’s Written Narrative and Complete Submittal Original Platting Certificate Original Quit Claim deed to HOA for open space Release and reconveyance of existing easements depicted on prior plats Waiver of right to protest SID Waiver of park maintenance district Public access easement Affordable housing plan Improvements Agreements (3) Letters of credit (3) cc: file
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