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HomeMy WebLinkAbout03-23-20 City Commission Packet Materials - C8. Public Access Easement with KS Devcor Inc for Final Plat 19490 Commission Memorandum REPORT TO: Honorable Mayor and City Commission FROM: Sarah Rosenberg, Associate Planner Martin Matsen, Community Development Director SUBJECT: Authorize the City Manager to sign a public access easement with KS Devcor, Inc., for the Lakes at Valley West Phase 5B Subdivision, Final Plat #19490 MEETING DATE: March 23, 2020 AGENDA ITEM TYPE: Consent Agenda RECOMMENDATION: Authorize the City Manager to sign a public access easement with KS Devcor, Inc., for the Lakes at Valley West Phase 5B Subdivision, Final Plat #19490 BACKGROUND: Attached is a copy (original to City Clerk) of the partially executed agreement. Planning staff reviewed the document and found it to be acceptable. The preliminary plat for Lakes at Valley West Phase 5b subdivision was approved by the City Commission on May 7, 2018. The final plat was approved on February 24, 2020. FISCAL EFFECTS: N/A ALTERNATIVES: As suggested by the City Commission. Attachments: Public Access Easement Final Plat Report compiled on: 2/12/20 140 ©COPYRIGHT MORRISON-MAIERLE, INC.,2019 PLOTTED DATE: Nov/14/2019 PLOTTED BY: cody farley DRAWING NAME: N:\5352\009\ACAD\Survey\FPLAT\5352009--PHASE5B-FINALPLAT-PLOT.dwg 1/4 SEC.SECTION TOWNSHIP RANGE PROJ. #:SHEET OF PRINCIPAL MERIDIAN, MONTANA COUNTY, MONTANADATE: SCALE: CLIENT: FIELD WORK: DRAWN BY: CHECKED BY: engineers surveyors planners scientists MorrisonMaierle 2880 Technology Blvd West Bozeman, MT 59718 Phone: 406.587.0721 Fax: 406.922.6702 41THE LAKES GALLATIN 5352.009 1"= 500' 09/2019 JCW CJF MMI 5E 2S 9NW SITUATED IN THE NE1/4NW1/4 OF SECTION 9, TOWNSHIP 2 SOUTH, RANGE 5 EAST, PRINCIPAL MERIDIAN, CITY OF BOZEMAN, GALLATIN COUNTY, MONTANA. FINAL PLAT OWNER KS DevCor, INC. 2880 Technology Blvd. West Bozeman, MT 59718 ZONING CITY OF BOZEMAN R-1 THE LAKES AT VALLEY WEST - PHASE 5B I, Jon C. Wilkinson, Montana Professional Land Surveyor License No. 16411LS, hereby certify that the Final Plat of The Lakes at Valley West Phase 5B was surveyed under my supervision between September 2019 and November 2019, and platted the same as shown on the accompanying plat and as described in accordance with the provisions of the Montana Subdivision and Platting Act, §76-3-101 through §76-3-625, M.C.A., and the Bozeman Unified Development Ordinance. I further certify that monuments which have not been set by the filing date of this instrument will be set by April 2019, due to public improvements construction pursuant to 24.183.1101(1)(d) A.R.M. Dated this___________day of_________________, 20__. ________________________________________________________ Jon C. Wilkinson, PLS, CFedS MT Reg. #16411LS Morrison-Maierle, Inc. KS DEVCOR, INC. By: ________________________________________________________________________________ ___________________________, President Dated State of ____________________________________ County of ___________________________________ On this ________________ day of ___________________________, 20__, before me, the undersigned Notary Public for the State of _____________________ personally appeared _______________________, known to me to be the President of KS DevCor, Inc. and acknowledged to me that said Inc. executed the same. Notary Public in and for the State of ___________________ Printed Name _____________________________________ Residing at _______________________________________ My commission expires _____________________________ CERTIFICATE OF COMPLETION OF IMPROVEMENTS I, _______________________ and I, James R. Nickelson, a Registered Professional Engineer licensed to practice in the State of Montana, hereby certify that the following improvements, required to meet the requirements of Chapter 38 of the Bozeman Municipal Code or as Conditions of Approval of the Final Plat of The Lakes at Valley West Phase 5B, have been installed in conformance with the approved plans and specifications, or financially guaranteed and covered by the improvements agreement accompanying this plat. Installed Improvements: 1.Street Improvements 2.Sewer & Water Improvements 3.Storm Water Improvements Financially Guaranteed Improvements: 1.Portions of the Street Improvements 2.Sidewalk Improvements 3.Open Space Improvements 4.Sewer, Water and Storm Water punch list items. The subdivider hereby warrants against defects in these improvements for a period of two years from the date of acceptance by the City of Bozeman. The subdivider grants possession of all public infrastructure improvements to the City of Bozeman and the City hereby accepts possession of all public infrastructure improvements, subject to the above indicated warranty. ________________________________________ _________________________ ____________________, President Dated KS DevCor, Inc. __________________________________________________________________ James R. Nickelson, No. 9063PE Dated Morrison Maierle, Inc. __________________________________________________________________ Mitch Reister, Director of Public Works Dated City of Bozeman, Montana I, Mitch Reister, Interim Director of Public Works, City of Bozeman, Montana, do hereby certify that the accompanying plat has been duly examined and has found the same to conform to the law, approve it, and hereby accept the dedication to the City of Bozeman for the public use of any and all lands shown on the plat as being dedicated to such use. Dated this __________ day of ____________________, 20__. ________________________________________ Mitch Reister Director of Public Works City of Bozeman, Montana I, Jennifer Blossom, Treasurer of Gallatin County, Montana, do hereby certify that the accompanying plat has been duly examined and that all real property taxes and special assessments assessed and levied on the land to being divided have been paid. Dated this __________ day of ____________________, 20__. ________________________________________ Jennifer Blossom Treasurer Gallatin County, Montana _________________________________________ Tax ID No. _________________________________________ Tax ID No. CERTIFICATE OF COUNTY TREASURER I, Eric Semerad, Clerk and Recorder of Gallatin County, Montana, do hereby certify that the foregoing instrument was filed in my office at _______ o'clock, __________(a.m., or p.m.), this _________ day of ______________, 2019, and recorded in Book ______ of Plats on page __________, and Document # ____________________, Records of the Clerk and Recorder, Gallatin County, Montana. Dated this __________ day of ____________________, 20__. ________________________________________ Eric Semerad Clerk and Recorder Gallatin County, Montana CERTIFICATE OF CLERK AND RECORDER The Lakes at Valley West-Phase 5B, Gallatin County, Montana, is within the City of Bozeman, Montana, a first class municipality, and with the planning area of the Bozeman growth policy which was adopted pursuant to Section 76-1-601 et seq., MCA, and can be provided with adequate storm water drainage and adequate municipal facilities. Therefore under the provisions of Section 76-4-125(2)(d), MCA, this survey is excluded from the requirement for Montana Department of Environmental Quality review. Dated this ________________________ day of _______________________________, 20__. ________________________________ Mitch Reister Director of Public Works City of Bozeman, Montana CERTIFICATE OF EXCLUSION FROM MONTANA DEPARTMENT OF ENVIRONMENTAL QUALITY REVIEW CERTIFICATE OF DIRECTOR OF PUBLIC WORKS CERTIFICATE OF SURVEYOR We, the undersigned property owners, do hereby certify that we have caused to be surveyed, subdivided and platted into lots, blocks, streets, and alleys, and other divisions and dedications, as shown by the plat hereunto included the following described tract of land to wit: The Lakes at Valley West - Phase 5B, being Lot R2C of The Lakes at Valley West - Phase 5A; situated in the NE¼NW¼ of Section 9, Township 2 South, Range 5 East, Principal Meridian, City of Bozeman, Gallatin County, Montana, more particularly described as follows: Commencing at the Quarter Corner to Sections 4 and 9, Township 2 South, Range 5 East, Principal Meridian, City of Bozeman, Gallatin County, Montana, as described on Certified Corner Recordation, Book 4, Page 930, Document No. 2566975, filed at the Gallatin County Clerk and Recorder's Office; thence S.0°58'16"W. for 1351.17 feet to the CN 1/16 Corner of said Section 9; thence S.88°28'17”W. for 1094.58 to the Southeast Corner of Lot R2C of The Lakes at Valley West - Phase 5A being the Point of Beginning; thence S.88°28'17”W. for 242.57 feet to the NW 1/16 Corner of said Section 9; thence N.0°59'02”E. for 350.36 feet to the Southwest Corner of The Lakes at Valley West - Phase 4; thence along the south boundary of Phase 4 of said subdivision S.89°00'58”E. for 242.34 feet; thence S.0°59'02”W. for 55.00 feet; thence N.89°00'58”W. for 5.00 feet; thence S.0°59'02”W. for 160.00 feet; thence S.89°00'58"E. for 5.00 feet; thence S.0°59'02”W. for 124.73 feet to the Point of Beginning. The area of the above described tract of land is 82819 Square Feet, or 1.901 acres, more or less. The above-described tracts of land are to be known and designated as “THE LAKES AT VALLEY WEST - PHASE 5B”, City of Bozeman, Gallatin County, Montana; and the lands included in all streets, avenues, alleys, and parks or public lands shown on said plat are hereby granted and donated to the City of Bozeman for the public use and enjoyment. Unless specifically listed herein, the lands included in all streets, avenues, alleys, and parks or public lands dedicated to the public are accepted for public use, but the City of Bozeman accepts no responsibility for maintaining the same. The owner agrees that the City of Bozeman has no obligation to maintain the lands included in all streets, avenues, alleys, and parks or public lands, hereby dedicated to public use. The lands included in all streets, avenues, alleys, and parks or public lands dedicated to the public for which the City of Bozeman accepts responsibility for maintenance of Vaughn Drive and Westgate Avenue. The undersigned hereby grants unto each and every person firm or corporation, whether public or private, providing or offering to provide telephone, electric power, gas, Internet, cable television or other similar utility or service, the right to the joint use of an easement for the construction, maintenance, repair and removal of their lines and other facilities in, over, under and across each area designated on this plat as "Utility Easement" to have and to hold forever. CERTIFICATE OF DEDICATION VICINITY MAP DURSTON RD. VICINITY MAP All streets, alleys, and rights-of-way, shown hereon as "DEDICATED", are not easements. The intent of the dedication is to convey all the streets, alleys, and rights-of-way to the public, upon acceptance by the governing authority. DEDICATION AND EASEMENT NOTELAUREL PARKWAYNORTON EAST RANCHSUBDIVISIONBASIS OF BEARING THE BEARINGS SHOWN HEREON ARE MODIFIED RECORD BEARINGS. THE RECORD BEARING PER C.O.S. 1005B, N.88°04'24”E., ALONG THE NORTH LINE OF THE NORTHWEST ONE-QUARTER OF SECTION 9, WAS RECOMPUTED BASED ON THE FOUND CORNERS BETWEEN THE ONE-QUARTER CORNER BETWEEN SECTION 9 AND SECTION 4, AND THE CORNER TO SECTIONS 5, 4, 8, AND 9. THE RESULTING BEARING IS N.88°04'19”E. PURPOSE TO CREATE 12 RESIDENTIAL LOTS AND 2 OPEN SPACE LOTS LAUREL GLENSUBDI VISI O N PHASE 3 PHASE 2 PHASE 1 PHASE 6 PHASE 5 A PHASE 4 C.O.S.1851C.O.S.1851PROJECT AREA BABCOCK ST.COTTONWOOD ROADVALLEY WESTSUBDIVISIONPARKBRO N KE NWEST BROOKESUBDIVISION PHASE 1141 CN 1/16 W 1/16 LAUR E L G L E N SUBD I V I S I O N P H A S E 1 BRON K E N P A R K , V A L L E Y WEST S U B D I V I S I O N , PLAT J - 3 2 0 V A L L E Y W E S T S U B . PARC E L 2 C.O.S . 1 5 8 1 LOT R 1 NORT O N E A S T R A N C H S U B D I V I S I O N PHAS E 3 A LOT R 1 NORT O N E A S T R A N C H S U B D I V I S I O N PHAS E 3 A PHAS E 1 O F T H E L A K E S A T VALLE Y W E S T S U B . P L A T J - 5 7 2 PHAS E 4 O F T H E L A K E S A T VALLE Y W E S T S U B . NW 1/16 PARC E L 1 C.O.S . 1 5 8 1 SW4N W 4 L E S S 2 5' R D O N N S O F S09,T 0 2 S , R 0 5 E A 25' STRIP OFF NORTH END OF SW4NW4 OF S09,T02S, R05E NOT P A R T O F T H I S S U R V E YS0°58'16"W 1351.17'S88°28'17"W 1094.58' ©COPYRIGHT MORRISON-MAIERLE, INC.,2019 PLOTTED DATE: Nov/14/2019 PLOTTED BY: cody farley DRAWING NAME: N:\5352\009\ACAD\Survey\FPLAT\5352009--PHASE5B-FINALPLAT-PLOT.dwg 1/4 SEC.SECTION TOWNSHIP RANGE PROJ. #:SHEET OF PRINCIPAL MERIDIAN, MONTANA COUNTY, MONTANADATE: SCALE: CLIENT: FIELD WORK: DRAWN BY: CHECKED BY: engineers surveyors planners scientists MorrisonMaierle 2880 Technology Blvd West Bozeman, MT 59718 Phone: 406.587.0721 Fax: 406.922.6702 42THE LAKES GALLATIN 5352.008 1"= 100' 09/2019 JCW CJF MMI 5E 2S 9NW LOT 6LOT 7LOT 8LOT 9LOT 10 LOT 11 LOT 12 LOT 13 LOT 14 LOT 15 LOT 16LOT 17LOT 18LOT 19 LOT 20 LOT 21 LOT 22 LOT 23 LOT 24 LOT 25LOT 8 LOT 7 LOT 6 LOT 5 LOT 4 LOT 3 LOT 2 LOT 1LOT 17LOT 18LOT 19LOT 20LOT 12 LOT 11LOT 10LOT 9 LOT 36LOT 35LOT 34LOT 33LOT 32LOT 31LOT 30LOT 29LOT 28LOT 16LOT 15LOT 14LOT 13 LOT 22 LOT 23 LOT 2 4 LOT 2 5 LOT 26LOT 27LOT 2 8 LO T 2 9LOT 3 0 LOT 3 1 LOT 5 0LOT 49LOT 48LOT 47LOT 46LOT 45LOT 4 4 LOT 43 LOT 42 LOT 41 LOT 40 LOT 39 LOT 38 LOT 37 LOT 36 LOT 35 LOT 34 LOT 33 LOT 3 2 LOT 13 LOT 14 LOT 15 LOT 16 LOT 17 LOT 18 LOT 19 LOT 20 LOT 21 LOT 1 2 LOT 11 LOT 10 LOT 9 LOT 8 LOT 7 LOT 6LOT 5 LOT 1 LOT 2 LOT 3 LOT 4 WESTGATE AVENUEWES T M O R L A N D D RI V E DURSTON ROADWESTGATEAVENUE LAUREL PARKWAYPHASE 5B 82,820 SQUARE FEET 1.901 ACRES LEGEND SET REBAR, 5/8 IN. DIAM. WITH ORANGE PLASTIC CAP MARKED "MORRISON-MAIERLE INC. 16411LS" FOUND REBAR, 5/8 IN. DIAM. WITH ORANGE PLASTIC CAP MARKED "MORRISON-MAIERLE INC. 16411LS" FOUND REBAR WITH PLASTIC CAP FOUND REBAR, 5/8 IN. DIAM. WITH AN ALUMINUM CAP, 2 IN. DIAM. MARKED "MORRISON-MAIERLE INC. 14732LS" FOUND SECTION CORNER AS NOTED FOUND ONE-QUARTER CORNER NOTHING FOUND OR SET UNZO N E D UNZ O N E D R-2 R-3 R-4OPEN SPACE BOPEN SPACE A OPENSPACE DOPENSPACE CLOT 1 LOT 2 LOT 3 LOT 4 LOT 5OPENSPACE ELOT27*LOT 2 6 LOT 2 5 LOT 2 4 LOT 2 3 L O T 2 2LOT 21 OPENSPACE DOPEN SPACE F PHA S E 1 PHAS E 2 OPEN SPACE A AAJKER CREEKBOUNDARYZONINGPHA S E 3 LOT 22LOT 23LOT 24LOT 25LOT 13 LOT 14 LOT 15 LOT 16LOT 17LOT 18LOT 19LOT 20LOT 21LOT 12LOT 11LOT 10LOT 9LOT 8LOT 7LOT 6LOT 5LOT 1 LOT 2 LOT 3 LOT 4 LOT R 1 NORT O N E A S T R A N C H S U B D I V I S I O N PHAS E 3 AHERSTAL WAY (32' R/W)THE 1/4 CORNER BETWEEN SECTIONS 4 AND 9 FOUND AT THE RECORD POSITION. SEE CCR BOOK 4, PAGE 930. DOC. NO. 2566975CORNER TO SECTIONS 4, 5, 8 AND 9 FOUND AT THE RECORD POSITION. SEE CCR BOOK 4, PAGE 931 DOC. NO. 2566976 POINT FOR W 1/16 CORNER FALLS IN DURSTON ROAD FROM WHICH A FOUND REBAR WITH A YELLOW PLASTIC CAP, 5606S, BEARS S 01°38'14" W., 32.38 FEET RECORD N88°04'24" E 1337.30' MEASURED N88°04'19" E 1337.30'WESTGATE AVENUE (60' R/W)HERSTAL WAY (32' R/W) LOT 16 LOT 17 LOT 18 LOT 19 LOT 20 LOT 13 LOT 14 LOT 29LOT 33LOT 34LOT 38 LOT 37 LOT 41 LOT 42 LOT 43 LOT 46 LOT 47 LOT 21 LOT 22 LOT 23 LOT 24 LOT 25LOT 26LOT 27LOT 28LOT 32LOT 31LOT 30LOT 59LOT 60LOT 61LOT 15 LOT 36LOT 35LOT 39 LOT 40 LOT 44 LOT 45 LOT 48LOT 49LOT 50LOT 51LOT 52LOT 57LOT 58LOT 54LOT 53LOT 56LOT 55WESTGATE AVENUE (60' R/W)LAUREL PARKWAY (90')OPEN SPACE F OPENSPACE AOPEN SPACE B OPEN SPACE COPEN SPACE D LEIDEN LANE ( 32' R/W)LEIDEN LANE (32' R/W)LEIDEN LANE (32' R/W)VAHL WAY( 32' R/W)VAHL WAY (32' R/W) VAUGHN DRIVE (60' R/W)OPEN SPACE AOPEN SPACE BOPE N SPA C E F POINT OF BEGINNING PHASE 5B SITUATED IN THE NE1/4NW1/4 OF SECTION 9, TOWNSHIP 2 SOUTH, RANGE 5 EAST, PRINCIPAL MERIDIAN, CITY OF BOZEMAN, GALLATIN COUNTY, MONTANA. FINAL PLAT THE LAKES AT VALLEY WEST - PHASE 5B OPEN SPACE G OPEN SPACE F FOUND 5/8" REBAR WITH A YELLOW PLASTIC CAP MARKED "MORRISON-MAIERLE, INC." AT A POINT S. 66°18'19" E., 0.27 FEET FROM THE POINT SHOWN ON C.O.S. 1005B, & N. 15°22'16" E., 0.85 FEET FROM THE POINT FOR THE SOUTHEAST CORNER OF TRACT 2 OF C.O.S. 1581 100 200501000 SCALE IN FEET OPEN SPACE FOPEN SPACE E OWNER KS DevCor, INC. 2880 Technology Blvd. West Bozeman, MT 59718 ZONING CITY OF BOZEMAN R-1 PURPOSE TO CREATE 12 RESIDENTIAL LOTS AND 2 OPEN SPACE LOTS BASIS OF BEARING THE BEARINGS SHOWN HEREON ARE MODIFIED RECORD BEARINGS. THE RECORD BEARING PER C.O.S. 1005B, N.88°04'24”E., ALONG THE NORTH LINE OF THE NORTHWEST ONE-QUARTER OF SECTION 9, WAS RECOMPUTED BASED ON THE FOUND CORNERS BETWEEN THE ONE-QUARTER CORNER BETWEEN SECTION 9 AND SECTION 4, AND THE CORNER TO SECTIONS 5, 4, 8, AND 9. THE RESULTING BEARING IS N.88°04'19”E. OPEN SPACE H LOT 12 LOT 11 LOT 10 LOT 9 LOT 8 LOT 7LOT 6 LOT 5 LOT 4 LOT 3 LOT 2 LOT 1 OPEN SPACE I AREA SUMMARY- PHASE 5 LOT AREA: PUBLIC R-O-W AREA: OPEN SPACE (PUBLIC): PHASE 5B TOTAL AREA: 1.065 acres (46404) Sq. Ft. 0.538 acres (23415) Sq. Ft. 0.298 acres (13001) Sq. Ft. 1.901 acres (82820) Sq. Ft. GRAND TOTAL AREA: 1.901 acres (82820) Sq. Ft. 142 PHAS E 4 O F T H E L A K E S A T VALL E Y W E S T S U B . LOT 3 3825 sq.ft. LOT 5 3825 sq.ft. LOT 4 3825 sq.ft. LOT 2 3825 sq.ft. LOT 1 3825 sq.ft. LOT 8 3300 sq.ft. LOT 9 3300 sq.ft. LOT 10 3300 sq.ft. LOT 11 3300 sq.ft. LOT 12 4727 sq.ft. LOT 7 4951 sq.ft.LOT 6 4401 sq.ft. OPEN SPACE H 0.24 acs. 10575 sq.ft. OPEN SPACE I 0.06 acs. 2426 sq.ft. PUBLIC R-O-W 0.54 acs. 23415 sq.ft. 10.01' 10.01' N88°28'17"E 122.96'N0°59'02"E 350.36'N0°59'02"E 278.64'N0°59'02"E 274.91'N0°59'02"E 253.50'S89°00'58"E 242.34'S0°59'02"W 160.00'S0°59'02"W 124.73'N89° 00' 58"W 85.00'53.64'45.00'45.00'45.00'45.00'45.00'N89° 00' 58"W 85.00'49.91'45.00'45.00'45.00'45.00'45.00'N89° 00' 58"W 85.00' N89° 00' 58"W 85.00' N89° 00' 58"W 85.00' 67.50'52.00'85.00'37.84' N88° 28' 17"E 87.58'60.06'54.66'S88°28'17"W 242.57'280.30'37.88'85.08' L=31.42, R=20.00 Δ=90°00'00"58.50'40.00'40.00'40.00'40.00'35.00'N89° 00' 58"W 82.50'40.00'40.00'40.00'40.00'S89° 00' 58"E 5.00' N89° 00' 58"W 82.50' N89° 00' 58"W 82.50' N89° 00' 58"W 82.50' N89° 00' 58"W 5.00' N89° 00' 58"W 82.50'S0° 59' 02"W55.00'60.06'S88°28'17"W 242.57' ©COPYRIGHT MORRISON-MAIERLE, INC.,2019 PLOTTED DATE: Nov/14/2019 PLOTTED BY: cody farley DRAWING NAME: N:\5352\009\ACAD\Survey\FPLAT\5352009--PHASE5B-FINALPLAT-PLOT.dwg 1/4 SEC.SECTION TOWNSHIP RANGE PROJ. #:SHEET OF PRINCIPAL MERIDIAN, MONTANA COUNTY, MONTANADATE: SCALE: CLIENT: FIELD WORK: DRAWN BY: CHECKED BY: engineers surveyors planners scientists MorrisonMaierle 2880 Technology Blvd West Bozeman, MT 59718 Phone: 406.587.0721 Fax: 406.922.6702 43THE LAKES GALLATIN 5352.008 1"= 40' 09/2019 JCW CJF MMI 5E 2S 9NWAAJKER CREEKR-1 THE L A K E S A T V A L L E Y W E S T P H A S E 4 THE LA K E S A T V A L L E Y W E S T P H A S E 4 WESTGATE AVENUEUNZONEDVAUGHN DRIVEWESTGATE AVENUELEIDEN LANELEIDEN LANE LEIDEN LANEHERSTAL WAYSITUATED IN THE NE1/4NW1/4 OF SECTION 9, TOWNSHIP 2 SOUTH, RANGE 5 EAST, PRINCIPAL MERIDIAN, CITY OF BOZEMAN, GALLATIN COUNTY, MONTANA. FINAL PLAT OWNER KS DevCor, INC. 2880 Technology Blvd. West Bozeman, MT 59718 ZONING CITY OF BOZEMAN R-1 THE LAKES AT VALLEY WEST - PHASE 5B PURPOSE TO CREATE 12 RESIDENTIAL LOTS AND 2 OPEN SPACE LOTS LEGEND 10' PUBLIC UTILITY EASEMENT (TYPICAL) SNOW STORAGE AREAS FOUND REBAR WITH MMI PLASTIC CAP SET REBAR, 5/8 IN. DIAM. WITH ORANGE PLASTIC CAP MARKED "MORRISON-MAIERLE INC. 16411LS". 16.00' BASIS OF BEARING THE BEARINGS SHOWN HEREON ARE MODIFIED RECORD BEARINGS. THE RECORD BEARING PER C.O.S. 1005B, N.88°04'24”E., ALONG THE NORTH LINE OF THE NORTHWEST ONE-QUARTER OF SECTION 9, WAS RECOMPUTED BASED ON THE FOUND CORNERS BETWEEN THE ONE-QUARTER CORNER BETWEEN SECTION 9 AND SECTION 4, AND THE CORNER TO SECTIONS 5, 4, 8, AND 9. THE RESULTING BEARING IS N.88°04'19”E. AREA SUMMARY- PHASE 5 LOT AREA: PUBLIC R-O-W AREA: OPEN SPACE (PUBLIC): PHASE 5B TOTAL AREA: 1.065 acres (46404) Sq. Ft. 0.538 acres (23415) Sq. Ft. 0.298 acres (13001) Sq. Ft. 1.901 acres (82820) Sq. Ft. GRAND TOTAL AREA: 1.901 acres (82820) Sq. Ft. THE L A K E S A T V A L L E Y W E S T P H A S E 5 A 16.00'HERSTAL WAY30.00'30.00'NW 1/16 143 ©COPYRIGHT MORRISON-MAIERLE, INC.,2019 PLOTTED DATE: Nov/14/2019 PLOTTED BY: cody farley DRAWING NAME: N:\5352\009\ACAD\Survey\FPLAT\5352009--PHASE5B-FINALPLAT-PLOT.dwg 1/4 SEC.SECTION TOWNSHIP RANGE PROJ. #:SHEET OF PRINCIPAL MERIDIAN, MONTANA COUNTY, MONTANADATE: SCALE: CLIENT: FIELD WORK: DRAWN BY: CHECKED BY: engineers surveyors planners scientists MorrisonMaierle 2880 Technology Blvd West Bozeman, MT 59718 Phone: 406.587.0721 Fax: 406.922.6702 44THE LAKES GALLATIN 5352.009 SEE DETAIL 09/2019 JCW CJF MMI 5E 2S 9NW CONDITIONS OF APPROVAL PARK AREA TABLE: REQUIRED PARKLAND: 6 SINGLE FAMILY LOTS 6 LOTS APPROVED FOR ADU TOTAL: SURPLUS PARKLAND FROM PHASE 1 AND 2, PHASE 3, PHASE 4, PHASE 5A, AND VALLEY WEST:TOTAL: SURPLUS PARK LAND PHASES 1, 2, 3, 4, 5A, 5B 0.03 acres/lot 0.18 acres 0.06 acres/lot 0.36 acres 0.54 acres 35.66 acres 35.12 acres Certificate of Transfer of Ownership and Completion of Non-Public Improvements; and Conditions of Approval : The following are hereby granted and donated to the property owners association noted below for their use and enjoyment: Common Open Space parcels designated with letter H & I Phase 5B. Unless specifically listed in the Certificate of Dedication, the city accepts no responsibility for maintaining the same. KS DevCcor, INC. and Bozeman Investment Holdings, LLC hereby further certify that the following non-public improvements, required to meet the requirements of chapter 38 of the Bozeman Municipal Code, or as a condition(s) of approval of the subdivision plotted herewith, have been installed in conformance with any approved plans and specifications prepared in accordance with the standards of Chapter 38 or other City design standards, or have been financially guaranteed and are covered by the subdivision improvements agreement accompanying and recorded with this plat. Installed Improvements: None Financially Guaranteed Improvements: Landscaping, Irrigation System, and Trails. The subdivider hereby grants ownership of all non-public infrastructure improvements to the property owners association created by document number _____________________________________. We further certify that the text and/or graphics shown on the Conditions of Approval sheet represents requirements by the governing body for final plat approval and that all conditions of subdivision application have been satisfied; and that the information shown is current as of the date of the certification, and that changes to any land use restrictions or encumbrances may be made by amendment to covenants, zoning regulations, easements, or other documents as allowed by law or local regulations. KS DEVCOR, INC. By: ________________________________________________________________________________ ___________________________, President Dated State of ____________________________________ County of ___________________________________ On this ________________ day of ___________________________, 2019, before me, the undersigned Notary Public for the State of _____________________ personally appeared _______________________, known to me to be the President of KS DevCor, Inc. and acknowledged to me that said Inc. executed the same. Notary Public in and for the State of ___________________ Printed Name _____________________________________ Residing at _______________________________________ My commission expires _____________________________ SITUATED IN THE NE1/4NW1/4 OF SECTION 9, TOWNSHIP 2 SOUTH, RANGE 5 EAST, PRINCIPAL MERIDIAN, CITY OF BOZEMAN, GALLATIN COUNTY, MONTANA. THE LAKES AT VALLEY WEST - PHASE 5B Conditions: Buyers of property should ensure that they have obtained and reviewed all sheets of the plat and all documents recorded and filed in conjunction with the plat and buyers of property are strongly encouraged to contact the local planning department and become informed of any limitations on the use of the property prior to closing. The undersigned property owner acknowledges that there are federal, state, and local plans, policies, regulations, and/or conditions of subdivision approval that may limit the use of the property, including the location, size, and use. 1.Ownership of all common open space areas and trails, and responsibility of maintenance thereof and for city assessments levied on the common open space lands shall be that of the property owners' association. Maintenance responsibility shall include, in addition to the common open space and trails, all vegetative ground cover, boulevard trees and irrigation systems in the public right-of-way boulevard strips along all external perimeter development streets and as adjacent to public parks or other common open space areas. All areas within the subdivision that are designated herein as common open space including trails are for the use and enjoyment by residents of the development and the general public. The property owners' association shall be responsible for levying annual assessments to provide for the maintenance, repair, and upkeep of all common open space areas and trails. At the same time of recording the final plat for each phase of the subdivision the subdivider shall transfer ownership of all common open space areas within each phase to the property owners' association created by the subdivider to maintain all common open space areas within the Lakes at Valley West Phase 5A. 2.All maintenance of storm water infrastructure is the responsibility of the property owner's association. 3.DUE TO THE POTENTIAL OF HIGH GROUND WATER TABLES IN THE AREAS OF THE SUBDIVISION, IT IS NOT RECOMMENDED THAT RESIDENTIAL DWELLINGS OR OTHER STRUCTURES WITH FULL OR PARTIAL BASEMENTS BE CONSTRUCTED WITHOUT FIRST CONSULTING A PROFESSIONAL ENGINEER LICENSED IN THE STATE OF MONTANA AND QUALIFIED IN THE CERTIFICATION OF RESIDENTIAL AND COMMERCIAL CONSTRUCTION 4.No crawl spaces or basements may be constructed such that sump pumps are required to pump water from these spaces. Sump pumps are not allowed to be connected to the sanitary sewer system. Sump pumps are also not allowed to be connected to the drainage system unless capacity is designed into the drainage system to accept the pumped water. Water from sump pumps may not be discharged onto streets, such as into the curb and gutters where they may create safety hazard for pedestrians and vehicles. 5.City standard sidewalks (including a concrete sidewalk section through all private drive approaches) shall be constructed on all public and private street frontages prior to occupancy of any structure on individual lots. Upon the third anniversary of the plat recordation of any phase of the subdivision, any lot owner who has not constructed the required sidewalk shall, without further notice, construct within 30 days, the sidewalk for their lot(s), regardless of whether other improvements have been made upon the lot. 6.The plat shows areas for snow removal and storage. Snow storage areas may be adjusted to account for driveway locations on individual lots. Snow removed from Herstal Way must either be placed in this snow storage area or be hauled offsite to an approved location. Snow may not be deposited on public right of way. 7.All maintenance of Herstal Way is the responsibility of the property owner's association. 8.All portions of this subdivision are zoned R-1. Land uses shall be established in accordance with The Lakes at Valley West Planned Unit Development and its development guidelines first recorded in Document No. 2479575 and subsequent amendments. 9.Front setback encroachments are allowed as provided in the protective covenants and restrictions for The Lakes at Valley West Planned Unit Development, Phase 5B. 10.All open space parcels are hereby encumbered by a public access easement as recorded in Document No. ____________________. Lots approved for accessory dwelling units include: 1, 3, 6, 7, 9, 12. 144 When recorded, return to: PERPETUAL ACCESS EASEMENT 1 PERPETUAL ACCESS EASEMENT at The Lakes at Valley West, Phase 5B KS DEVCOR, INC., of 2880 Technology Blvd. West, Ste. 271, Bozeman, Montana 59718, the 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 Ave., P.O. Box 1230, Bozeman, Montana 59771-1230, the Grantees, a non-exclusive perpetual easement for ingress and egress through the following described real estate, situated in Gallatin County, Montana, to-wit: Open Spaces H and I, all according to the Final Plat for The Lakes at Valley West Subdivision, Phase 5B, Bozeman, Montana, on file and of record in the Clerk and Recorder, Gallatin County, Montana, [Plat Reference __________]. 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 and agreement shall extend to and be binding upon the heirs, executors, administrators, personal representatives, successors, and assigns for the parties hereto. Dated this _____ day of ____________________, 20__. KS DevCor, Inc. By: ___________________________________ James Kilday Its: Authorized Representative 145 PERPETUAL EASEMENT ACCESS 2 State of Montana ) : ss. County of Gallatin ) On this _____ day of ____________________, 20__, before me, the undersigned Notary Public for the State of Montana, personally appeared James Kilday, known to me to be an authorized representative of KS DevCor, Inc., and acknowledged to me that he executed this document in his authorized capacity and on its behalf. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the date and year hereinabove first written. Signed: Printed Name: Notary Public for the State of _________________ Residing at _____________, Montana (NOTARIAL SEAL) My Commission expires: 146 PERPETUAL EASEMENT ACCESS 3 ACCEPTED BY: By: ___________________________________ CITY OF BOZEMAN Its: City Manager ATTEST: ___________________________________ City Clerk State of Montana ) : ss. County of Gallatin ) On this _____ day of ____________________, 20__, before me, the undersigned Notary Public for the State of Montana, personally appeared ___________________________________ and ___________________________________, known to me to be the City Manager and City Clerk for 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 an on behalf of the City of Bozeman. Signed: Printed Name: Notary Public for the State of _________________ Residing at _____________, Montana (NOTARIAL SEAL) My Commission expires: 147