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HomeMy WebLinkAbout07-06-20 City Commission Packet Materials - C2. Final Plat for Lakes at Valley West Phase 6 Report compiled on: June 22, 2020 Attachments: Final Plat, Staff Memorandum Commission Memorandum REPORT TO: Mayor and City Commission FROM: Tim Cooper, Assistant City Attorney Sarah Rosenberg, Associate Planner SUBJECT: Approve the Final Plat for the Lakes at Valley West Phase 6 Subdivision and authorize the Director of Public Works to execute the same on behalf of the City of Bozeman; the Director of Community Development to execute the improvements agreements on behalf of the City of Bozeman; and authorize the City Manager to sign a public access easement with KS Devcor Inc, Application 20095 MEETING DATE: July 6, 2020 AGENDA ITEM TYPE: Consent RECOMMENDATION: Approve the Final Plat for the Lakes at Valley West Phase 6 Subdivision and authorize the Director of Public Works to execute the same on behalf of the City of Bozeman; the Director of Community Development to execute the improvements agreements on behalf of the City of Bozeman.; and authorize the City Manager to sign a public access easement with KS Devcor Inc,. BACKGROUND: On May 7, 2018, the Bozeman City Commission conducted their review of the Preliminary Plat application for The Lakes at Valley West Phase 5 and 6 Subdivision and voted 5-0 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 Sarah Rosenberg, Associate Planner, stating the staff has concluded that all terms and conditions of the preliminary plat approval have been met. 9 Report compiled on: June 22, 2020 Attachments: Final Plat, Staff Memorandum An Improvements Agreement is required for final plat approval of this subdivision. The improvements agreement guarantees the installation of public sidewalks, infrastructure public landscape and irrigation improvements. All other necessary infrastructure improvements are constructed. 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: June 8, 2020 Attachments: Final Plat 10 The Lakes at Valley West Subdivision - Phase 6– Improvements Agreement Page 1 of 7 Send Original to: City of Bozeman Department of Community Development P.O. Box 1230 Bozeman, MT 59771 IMPROVEMENTS AGREEMENT FOR THE LAKES AT VALLEY WEST SUBDIVISION – PHASE 6 (PUBLIC SIDEWALKS, STREET LIGHTS, INFRASTRUCTURE, OPEN SPACE TRAILS, LANDSCAPE AND IRRIGATION IMPROVEMENTS) THIS AGREEMENT is made and entered into this ______ day of __________ 2020, by and between the KS DevCor, Inc., hereinafter called the “Subdivider", and the CITY OF BOZEMAN, a municipal corporation and political subdivision of the State of Montana, with offices at City Hall, 121 North Rouse Avenue, P.O. Box 1230, Bozeman, MT 59771-1230, hereinafter called the "City". WHEREAS, it is the intent and purpose of the Subdivider to meet the conditions of preliminary plat approval, Planning Application No. 18022, for the Final Plat application of THE LAKES AT VALLEY WEST SUBDIVISION - PHASE 6 (20095), to subdivide 1.901 acres together and create seventeen (17) residential lots containing seventeen (17) single family dwellings with three (3) lots approved for accessory dwelling units, two (2) common open space lots, one (1) park tract, and the remaining areas as public streets; and WHEREAS, it is the intent and purpose of the Subdivider to obtain Final Plat approval for THE LAKES AT VALLEY WEST SUBDIVISION - PHASE 6; and WHEREAS, the Final Plat for THE LAKES AT VALLEY WEST SUBDIVISION - PHASE 6, is to be filed prior to the installation of all required subdivision improvements and an improvements agreement with financial security was provided; and 11 The Lakes at Valley West Subdivision - Phase 6– Improvements Agreement Page 2 of 7 WHEREAS, it is the intent and purpose of both the Subdivider and the City to hereby enter into an Agreement which will guarantee the full and satisfactory completion of the required improvements related with the property hereinafter described; and it is the intent of this Agreement, and of the parties hereto, to satisfy the improvements guarantee requirements for the Final Plat approval of THE LAKES AT VALLEY WEST SUBDIVISION - PHASE 6. NOW, THEREFORE, in consideration of the mutual covenants and conditions contained herein, it is hereby agreed as follows: 1. Property Description This Agreement pertains to, and includes, those properties that are designated and identified as being: LEGAL DESCRIPTION THE LAKES AT VALLEY WEST - PHASE 6, SITUATED IN THE NE1/4 NW/14 OF SECTION 9, TOWNSHIP 2 SOUTH, RANGE 5 EAST, PRINCIPAL MERIDIAN, CITY OF BOZEMAN, GALLATIN COUNTY, MONTANA 2. Improvements This Agreement specifically includes the following improvements for THE LAKES AT VALLEY WEST SUBDIVISION - PHASE 6; PUBLIC SIDEWALKS, STREET LIGHTS, INFRASTRUCTURE, OPEN SPACE TRAILS, LANDSCAPE AND IRRIGATION IMPROVEMENTS. The Estimated Cost of said improvements was estimated by Morrison-Maierlie Engineering, Inc., PO Box 1113 Bozeman, MT 59771, and the estimate has been revised and increased by the City, with the updated estimated cost of improvements being ONE HUNDRED AND EIGHTY THREE THOUSAND SIX HUNDRED AND FOUTY SEVEN DOLLARS AND ZERO CENTS. The estimate is attached and hereby made a part of this Agreement, as Exhibit “A”. 3. Financial Guarantee, Time for Completion of Improvements, Additional Restrictions 12 The Lakes at Valley West Subdivision - Phase 6– Improvements Agreement Page 3 of 7 It is the Subdivider’s intent with this Agreement to file the Final Plat prior to completion of all required subdivision improvements. Therefore, this Agreement shall be secured by two irrevocable standby letters of credit: Letter of Credit No. 68120572 and Letter of Credit No. 68120573 for a total amount not to exceed $275,470.50 from Bank of America NA acceptable to the City of Bozeman, which is one hundred and fifty (150) percent of the Estimated Cost of said improvements. The Subdivider hereby agrees that the following subdivision related improvements shall be installed and completed not later than one (1) year of the filing of the final subdivision plat for THE LAKES AT VALLEY WEST SUBDIVISION - PHASE 6 in order to avoid default on the method of security: PUBLIC SIDEWALKS, STREET LIGHTS, INFRASTRUCTURE, OPEN SPACE TRAILS, LANDSCAPE AND IRRIGATION IMPROVEMENTS The Subdivider agrees that no delegation of performance required by this agreement shall relieve the Subdivider of any duty to perform or any liability for the breach of that duty to complete said subdivision improvements required for THE LAKES AT VALLEY WEST SUBDIVISION - PHASE 6. Upon submission of fully documented invoices for the work performed, said work to be inspected and certified for payment by Subdivider’s professional engineers and the City of Bozeman and or its agents as necessary, the City of Bozeman may release a portion of the letter of credit for the work completed by the referenced invoices. 4. Inspection Representatives of the City shall have the right to enter upon the property at any reasonable time in order to inspect it and to determine if the Subdivider is in compliance with this Agreement, and the Subdivider shall permit the City and its representatives to enter upon and inspect the property at any reasonable time. 5. Default Time is of the essence of this Agreement. If the Subdivider shall default in or fail to fully perform any of its obligations in conformance with the time schedule under this Agreement, and such default or failure shall continue for a period of thirty (30) days after written notice 13 The Lakes at Valley West Subdivision - Phase 6– Improvements Agreement Page 4 of 7 specifying the default is deposited in the United States mail addressed to the Subdivider at KS DevCor, Inc., 2880 Technology Blvd, Suite 273, Bozeman, MT 59718 or such other address as the Subdivider shall provide to the City from time to time, without being completely remedied, satisfied, and discharged, the City may elect to enforce any of the following specified remedies: A) The City may, at its option, declare the financial guarantee to be forfeited and secure the complete construction and inspection of the improvements described herein. The City's representative, contractors, and engineers shall have the right to enter upon the property and perform such work and inspection, and the Developer shall permit and secure any additional permission required to enable them to do so. In the event that any funds remain from the financial guarantee upon completion of all improvements, such funds shall be promptly returned to the Subdivider. B) The City may enforce any other remedy provided by law. 6. Indemnification The Subdivider hereby expressly agrees to indemnify and hold the City harmless for and against all claims, costs and liability of every kind and nature, for injury or damage received or sustained by any person or entity in connection with, or on account of the performance of work at the development site and elsewhere pursuant to this Agreement. Subdivider further agrees to aid and defend the City in the event that it is named as a defendant in an action concerning the performance of work pursuant to this Agreement except where such suit is brought by the Subdivider. The Subdivider is not an agent or employee of the City. 7. Attorney Fees In the event it becomes necessary for either party to this Agreement to retain an attorney to enforce any of the terms or conditions of this Agreement, then the prevailing party shall be entitled to reasonable attorney's fees and costs, including fees, salary, and costs of in-house counsel including City Attorney. 14 The Lakes at Valley West Subdivision - Phase 6– Improvements Agreement Page 5 of 7 8. Warranty The Subdivider shall warrant against defects of all improvements and that these improvements are made in a good and workman-like manner for a period of two (2) years from the date of their written acceptance by the governing body. 9. Governing Law This Agreement shall be construed according to the laws of the State of Montana. In the event of litigation concerning this Agreement, venue is in the Eighteenth Judicial District Court, Gallatin County, State of Montana. 10. Modification or Alterations No modifications or amendment of this Agreement shall be valid, unless evidenced by a writing signed by the parties hereto. 11. Invalid Provision The invalidity or unenforceability of any provision of this Agreement shall not affect the other provisions hereof, and this Agreement shall be construed in all respects as if such invalid or unenforceable provision were omitted. 12. No Assignment It is expressly agreed that the Subdivider shall not assign this Agreement in whole, or in part, without prior written consent to City. 13. Successors Except as provided in paragraph twelve (12), this Agreement shall be binding upon, ensure to the benefit of, and be enforceable by the parties hereto and their respective heirs, successors and assigns. 15 The Lakes at Valley West Subdivision - Phase 6– Improvements Agreement Page 6 of 7 14. Filing The Subdivider shall have this Agreement recorded in the Office of the Gallatin County Clerk and Recorder within 10 business days of the signature of the Community Development Director. SUBDIVIDER _______________________________________ BY:, KS DEVCOR, INC. TITLE: STATE OF _____________ ) :ss County of _________ ) On this _____ day of_____________ 2020, before me, a Notary Public of the State of ___________, personally appeared __________________, known to me to be the subdivider that executed the foregoing Improvements Agreement, and acknowledged to me that (s)he executed the foregoing instrument as ___________________________ of KS DevCor, Inc., and acknowledged to me that (s)he executed the same for and on behalf of KS DevCor, Inc., IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and year first above written. (SEAL) ________________________________ (Printed Name Here) Notary Public for the State of _________ Residing at _______________________ My Commission Expires:____________ (Use 4 digits for expiration year) 16 The Lakes at Valley West Subdivision - Phase 6– Improvements Agreement Page 7 of 7 THE CITY OF BOZEMAN _______________________________________ BY: MARTIN MATSEN, DIRECTOR OF COMMUNITY DEVELOPMENT CITY OF BOZEMAN STATE OF MONTANA ) :ss County of Gallatin ) On this _____ day of ________________ 2020, before me, a Notary Public for the State of Montana, personally appeared Martin Matsen, known to me to be the person described in and who executed the foregoing instrument as Director of Community Development for the City of Bozeman, whose name is subscribed to the within instrument and acknowledged to me that he executed the same for and on behalf of said City. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my seal on the day and year first written above. (SEAL) _________________________________________ (Printed Name Here) Notary Public for the State of Montana Residing at _______________________ My Commission Expires:____________ (Use 4 digits for expiration year) 17 Inter-office Original to: City of Bozeman Community Development P.O. Box 1230 Bozeman, MT 59771-1230 Lakes at Valley West Phase 6 Subdivision; Notice of Building Permit Restrictions Page 1 of 2 NOTICE OF BUILDING PERMIT RESTRICTIONS LAKES AT VALLEY WEST PHASE 6 SUBDIVISION NOTICE IS HEREBY GIVEN to all potential purchasers of any lot in Lakes at Valley West Phase 6 Subdivision, City of Bozeman, Gallatin County, Montana, that the final plat of the subdivision was approved by the Bozeman City Commission before all required on and off-site improvements were completed, as is allowed in Chapter 38.270.060 of the Bozeman Municipal Code. As such, an Improvements Agreement was recorded with the final plat that stipulates the time period during which all improvements must be completed, and those improvements were financially guaranteed to the City of Bozeman by the Subdivider. THEREFORE, BE ADVISED, that Building Permits will not be issued for the Lakes at Valley West Phase 6 Subdivision, City of Bozeman, Gallatin County, Montana until all required subdivision improvements are completed and accepted by the City of Bozeman. These on and off-site improvements including public landscaping, public street lighting, sidewalks, and certain improvements to common open space including adjacent sidewalks shall be completed prior to issuance of a building permit unless written approval is otherwise obtained from the City Engineering Department. The public street lighting, water and related miscellaneous improvements shall be completed within 6 months of final plat approval. The interior sidewalks adjacent to private lots shall be completed within 3 years of final plat approval. Building Permits will be issued prior to the installation of common open space facilities and landscaping improvements and interior private sidewalks as long as these items remain under financial guarantee. DATED this ____ day of _______________, 2020. 18 Lakes at Valley West Phase 3 Subdivision; Notice of Building Permit Restrictions Page 2 of 2 THE CITY OF BOZEMAN Martin Matsen, AICP Director of Community Development STATE OF MONTANA ) :ss County of Gallatin ) On this ______day of _________________, 2020, before me, a Notary Public for the State of Montana, personally appeared Martin Matsen, AICP, known to me to be the person described in and who executed the foregoing instrument as Director of Community Development of the City of Bozeman, whose name is subscribed to the within instrument and acknowledged to me that he executed the same for and on behalf of said City. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my seal on the day and year first written above. (Signature above) (Seal) (Printed Name above) Notary Public for State of Montana Residing at: Commission Expires: (Use 4 digits for expiration year) 19 When recorded, return to: PERPETUAL ACCESS EASEMENT 1 PERPETUAL ACCESS EASEMENT at The Lakes at Valley West, Phase 6 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 A and B, located in The Lakes at Valley West- Phase 6, being a part of Lot R1 of The Lakes at Valley West, Phase 1; situated in the NW1/4NE1/4 of Section 9, Township 2 South, Range 5 East, P.M.M., City of Bozeman, Gallatin County, Montana, totaling approximately 0.309 acres, according to the Final Plat for The Lakes at Valley West- Phase 6, 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 ____________________, 2020. KS DevCor, Inc. By: ___________________________________ James Kilday Its: Authorized Representative 20 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, the 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. __________________________________________ Notary Public for the State of Montana (NOTARIAL SEAL) 21 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 and on behalf of the City of Bozeman. __________________________________________ Notary Public for the State of Montana (NOTARIAL SEAL) 22 ©COPYRIGHT MORRISON-MAIERLE, INC.,2020 PLOTTED DATE: May/22/2020 PLOTTED BY: jon c. wilkinson DRAWING NAME: N:\5352\009\ACAD\Survey\FPLAT\5352009--PHASE6-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' 5/2020 JCW CJF MMI 5E 2S 9NE SITUATED IN THE NW1/4NE1/4 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 6 I, Jon C. Wilkinson, Montana Professional Land Surveyor License No. 16411LS, hereby certify that the Final Plat of The Lakes at Valley West Phase 6 was surveyed under my supervision between January 2020 and May 2020, 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 June 2020, 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 6, 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. 5.Park Improvements 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, 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 6, 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 6, being Lot R1 of The Lakes at Valley West - Phase 1; situated in the NW¼NE¼ 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 N.89°19'38”E. for 45.01 feet to the Point of Beginning; thence N.0°58'16”E. along the east right-of-way line of Laurel Parkway for 691.60 feet to the Southwest Corner of The Lakes at Valley West - Phase 1; thence N.89°46'55”E. along the south boundary of said subdivision for 781.17 feet to the west line of Valley West Subdivision, Plat J-320; thence S.24°35'54”W. for 437.25 feet; thence S.1°02'06”W. for 289.84 feet to the north line of Norton East Ranch Subdivision Phase 3A Lot R1, Plat J-564; thence S.89°19'38”W along the north boundary of said subdivision for 605.68 feet to the Point of Beginning. The Area of the above described tracts of land is 452,223 Square Feet, or 10.382 Acres, more or less. The above-described tracts of land are to be known and designated as “THE LAKES AT VALLEY :(673+$6(´, 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 is Vaughn Drive. 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 17 RESIDENTIAL LOTS AND 2 OPEN SPACE LOTS LAUREL GLENSUBDIVISIONPHASE 3 PHAS E 2 PHASE 1 PHASE 6 PHASE 5 A PHASE 4C.O.S.1851C.O.S.1851PROJECT AREA BABCOCK ST.COTTONWOOD ROADVALLEY WESTSUBDIVISIONPARK BRONKENWES T B R O O KE SUBDI VISI O N P H AS E 1 23 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 BRONKEN P A R K , V A L L E Y WEST SUBDI V I S I O N , PLAT J-320 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 R1 NORTON EA S T R A N C H S U B D I V I S I O N PHASE 3A PHASE 1 O F T H E L A K E S A T VALLEY WE 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 S0°58'16"W 1351.17'PHAS E 6 O F T H E L A K E S A T VALLE Y W E S T S U B . 45.01' N89°46'55"E 781.17'S24°35'54"W 437.25'S1°02'06"W 289.84'S89°19'38"W 605.68'N0°58'16"E 691.60'©COPYRIGHT MORRISON-MAIERLE, INC.,2020 PLOTTED DATE: May/22/2020 PLOTTED BY: jon c. wilkinson DRAWING NAME: N:\5352\009\ACAD\Survey\FPLAT\5352009--PHASE6-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 5352.009 1"= 100' 5/2020 JCW CJF MMI 5E 2S 9NE 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 LOT 2 9LOT 3 0LOT 3 1 LOT 5 0LOT 4 9LOT 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 6 452,223 SQUARE FEET 10.382 ACRES LEGEND FOUND REBAR WITH PLASTIC CAP FOUND REBAR, 5/8 IN. DIAM. WITH AN ALUMINUM CAP, 2 IN. DIAM. MARKED "MORRISON-MAIERLE 14732LS" SET REBAR, 5/8 IN. DIAM. WITH ORANGE PLASTIC CAP MARKED "MORRISON-MAIERLE 16411LS". 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 2 1OPENSPACE DOPEN SPACE F PHA S E 1 PHA S E 2 OPEN SPACE A AAJKER CREEKBOUNDARYZONINGPHAS 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 6 SITUATED IN THE NW1/4NE1/4 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 6 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 17 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 6 LOT AREA: PUBLIC R-O-W AREA: OPEN SPACE (PUBLIC): PARK: PHASE 6 TOTAL AREA: 1.915 acres (83,417) Sq. Ft. 0.930 acres (40,494) Sq. Ft. 0.309 acres (13,477) Sq. Ft. 7.228 acres (314,835) Sq. Ft. 10.382 acres (452,223) Sq. Ft.LOT 1LOT 2LOT 3LOT 4LOT 6 LOT 7 LOT 8 LOT 9LOT 10LOT 11LOT 12LOT 13LOT 14LOT 15LOT 16LOT 17LOT 18DEBOUR LANE (32' R/W) VAUGHN DRIVE (60' R/W) OPEN SPACE A OPEN SPACE B 24 BRONKEN P A R K , V A L L E Y WEST SUB D I V I S I O N , PLAT J-320 V A L L E Y W E S T S U B . LOT R1 NORTON E A S T R A N C H S U B D I V I S I O N PHASE 3A PHASE 1 O F T H E L A K E S A T VALLEY W E S T S U B . P L A T J - 5 7 2 PARK 7.23 acs. OPEN SPACE B 0.08 acs. 3693 sq.ft. OPEN SPACE A 0.22 acs. 9784 sq.ft. LOT 1 4400 sq.ft. LOT 2 4400 sq.ft. LOT 4 9709 sq.ft. LOT 3 4353 sq.ft. LOT 7 4951 sq.ft. LOT 6 4833 sq.ft. LOT 14 5244 sq.ft. LOT 17 4799 sq.ft. LOT 18 4904 sq.ft.LOT 15 4929 sq.ft. LOT 16 4800 sq.ft. LOT 9 4900 sq.ft.LOT 12 4043 sq.ft. LOT 11 4080 sq.ft. LOT 10 4117 sq.ft.LOT 13 4005 sq.ft. PUBLIC R-O-W 0.93 acs. 40494 sq.ft. N88°28'17"E 318.07' N88°28'17"E 229.73'N37°17'34"E 60.98'N1°31'43"W79.74'N1°31'43"W80.48'N1°31'43"W81.23'N1°31'43"W81.98'N1°31'43"W82.72'N1°31'43"W40.62'53.62'50.00' 46.37' 50.00'50.00'50.00'64.45' 60.00'60.00'63.36'N1°31'43"W80.00'N1°31'43"W80.00'N1°31'43"W79.78'59.87'60.00'52.00'L=8.00' L=92.00' L = 8 8 .84 '25.02'78.80'80.08'67.90'50.01'50.01'50.01'50.01'60.01'L=43.63'33.49'55.00'55.00'26.98' L=22.44'L=99.25'L= 4 9.4 9'L=50.63' L=10.30' R=148.00' L= 2 3 2.4 8' Δ = 9 0 ° 0 0' 0 0 " R=180.00' L = 2 8 2.7 4 ' Δ = 9 0 ° 0 0 ' 0 0" R=20.0 0 ' L=20.9 4 'Δ =60°00'0 0 " R =8 0 .00'L =110 .83 ' Δ= 7 9°2 2'2 6 "32.03'60.02'10.00'374.45'62.05'169.17' N85°10'55"E 80.00' N52° 5 7' 0 2" E 80.0 0'N37°17'34"E80.00'N5°36'51"E80.00'S1°31'43"E80.00'S1°31'43"E80.00'S1°31'43"E80.00'55.00'55.00'26.98'L=32.42' L=143.48' L =71.3 5'L=73.15' R =260.00'L =3 9 3.51'Δ= 8 6°43 '0 3 "405.64'171.17' 10.75' L = 2 57 .61'70.86'345.24' L=68.4 7'LOT 8 4950 sq.ft. S69°04' 3 2 " W 80.00'N1°31'43"W41.24'L=73.12'L=50.63'N0°58'16"E 691.60'N89°46'55"E 781.17'S24°35'54"W 437.25'S1°02'06"W 289.84'S89°19'38"W 605.68' N89°19'38"E 356.85' N89°19'38"E 327.95' N88°28'17"E 171.87' N88°28'17"E 170.47' N88°28'17"E 136.98' PHAS E 6 O F T H E L A K E S A T VALL E Y W E S T S U B . ©COPYRIGHT MORRISON-MAIERLE, INC.,2020 PLOTTED DATE: May/22/2020 PLOTTED BY: jon c. wilkinson DRAWING NAME: N:\5352\009\ACAD\Survey\FPLAT\5352009--PHASE6-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 5352.009 1"= 40' 5/2020 JCW CJF MMI 5E 2S 9NE VAHL WAY SITUATED IN THE NW1/4NE1/4 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 6 PURPOSE TO CREATE 17 RESIDENTIAL LOTS AND 2 OPEN SPACE LOTS LEGEND 10' PUBLIC UTILITY EASEMENT (TYPICAL) SNOW STORAGE AREAS FOUND REBAR WITH PLASTIC CAP FOUND REBAR, 5/8 IN. DIAM. WITH AN ALUMINUM CAP, 2 IN. DIAM. MARKED "MORRISON MAIERLE 14732LS" SET REBAR, 5/8 IN. DIAM. WITH ORANGE PLASTIC CAP MARKED "MORRISON-MAIERLE 16411LS". 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. 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 AREA SUMMARY- PHASE 6 LOT AREA: PUBLIC R-O-W AREA: OPEN SPACE (PUBLIC): PARK: PHASE 6 TOTAL AREA: 1.915 acres (83,417) Sq. Ft. 0.930 acres (40,494) Sq. Ft. 0.309 acres (13,477) Sq. Ft. 7.228 acres (314,835) Sq. Ft. 10.382 acres (452,223) Sq. Ft. OPEN SPACE DVAHL WAYPHASE 4 O F T H E L A K E S A T VALLEY W E S T S U B . VAUGHN DRIVE VAUGHN DRIVE DEBOUR LANE16.00'16.00'30.00'30.00'25 ©COPYRIGHT MORRISON-MAIERLE, INC.,2020 PLOTTED DATE: May/22/2020 PLOTTED BY: jon c. wilkinson DRAWING NAME: N:\5352\009\ACAD\Survey\FPLAT\5352009--PHASE6-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 5/2020 JCW CJF MMI 5E 2S 9NE CONDITIONS OF APPROVAL 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 A & B Phase 6. Unless specifically listed in the Certificate of Dedication, the city accepts no responsibility for maintaining the same. KS DevCor, 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, Sidewalks 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 ___________________________, 2020, 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 NW1/4NE1/4 OF SECTION 9, TOWNSHIP 2 SOUTH, RANGE 5 EAST, PRINCIPAL MERIDIAN, CITY OF BOZEMAN, GALLATIN COUNTY, MONTANA. THE LAKES AT VALLEY WEST - PHASE 6 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 6. 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 Debour Lane 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 Debour Lane 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 6. 10.All open space parcels are hereby encumbered by a public access easement as recorded in Document No. ____________________. 26