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HomeMy WebLinkAboutAmendedPlatApplication_06-25-21 G:\MADISON ENGINEERING\PROJECTS\2020\20-102 CoHousing\Application\Amendment\Initial\Cover Letter.docx 895 Technology Blvd Suite 203  Bozeman, MT 59718  (406) 586-0262  Fax (406) 586-5740 MADISON ENGINEERING July 1, 2021 Lacie Kloosterhof City of Bozeman Planning Department 20 East Olive Bozeman, MT 59715 RE: Bozeman CoHousing Amended Plat SE Submittal Dear Lacie: On behalf of our client, Bozeman COHO, LLC, we are submitting an Amended Plat Subdivision Exemption application to aggregate two lots located within the City of Bozeman near the intersection of Wagonwheel Rd. and Concord Dr. The two lots consist of C.O.S. 526, Tract B, and the lot located at 3120 Wagonwheel Rd., shown as Tract A designated on the County Assessor’s plats. 3120 Wagon Wheel LLC is the sole owner of both lots. Included in our submittal package are digital copies of the following items:  Base Fee - $200 – to be Provided on Notice of Application Completeness  Form A1 – Development Review Application  Form SE – Subdivision Exemption Checklist  Narrative to the Subdivision Exemption Form  Amended Plat  Zoning Exhibit Map  Municipal Facilities Exclusion Form  Copies of Deed and Realty Transfer Certificate Exchanging Recorded Interest  Ground Water Certificate Please review the submitted material at your earliest convenience. If you have any questions or need additional information please feel free to contact us at 586-0262. Sincerely, Madison Engineering, Inc. ________________________ Derek Dennehy, PE cc: Mark Owkes G:\MADISON ENGINEERING\PROJECTS\2020\20-102 CoHousing\Application\Amendment\Initial\CoHousing Amended Plat Narrative 02-08-21.docx 895 Technology Blvd Suite 203  Bozeman, MT 59718  (406) 586-0262  Fax (406) 586-5740 MADISON ENGINEERING July 1, 2021 City of Bozeman 20 East Olive Bozeman, MT 59715 RE: Bozeman CoHousing Amended Plat Narrative To Whom it may Concern, This narrative accompanies the application for aggregation of two lots within the City of Bozeman, Montana. The narrative follows the Subdivision Exemption Checklist (Form SE), page 2, section 7, MCA 76-3-207(d) for lots within a platted subdivision, relocation of common boundaries and/or aggregation of lots. a. The Amended Plat has been provided that meets the criteria of the SE form and as set forth in Chapter 38, BMC. b. The Amended Plat clearly shows the exemption was used only to aggregate the two lots. c. The Amended Plat clearly distinguishes the extinguished property line with a dashed line and a note. The new boundary line is demarcated by a solid line. d. The Amended Plat will bear the signatures of all landowners whose parcels are changed by this aggregation. Final signatures will be provided after approval. e. Copies of deeds exchanging recorded interest from every person having a recorded interest in the properties for the aggregation have been provided. f. The reason for the aggregation of the lots is the enhancement of the configuration of the property at the Landowner’s request. g. An exhibit has been provided that illustrates the location of existing structures in relation to the aggregated lot line. h. The Municipal Facilities Exclusion checklist has been provided. If you have any questions or need further information, please feel free to contact me at 586-0262 or derek@mad-eng.com Sincerely, Madison Engineering, Inc. ____________________________________ Derek Dennehy, PE SE SUBDIVISION EXEMPTION CHECKLIST STATE STATUTE Per the Montana Subdivision and Platting Act, a set of divisions of land can be exempt from subdivision review. These exemptions include: 1. A division of land is created to provide security for mortgages, liens or trust indentures for the purpose of construction, improvements to the land being divided or refinancing purposes (MCA 76-3-201(1)(b)). 2. Divisions made outside of platted subdivisions for the purpose of relocating common boundary liens between adjoining properties (MCA 76-3-207(a)). 3. Division made outside of platted subdivisions for the purpose of a single gift of sale in each county to a member of the landowner’s immediate family (MCA 76-3-207(b)). 4. Division made outside of a platted subdivision by gift, sale or an agreement to buy and sell where the land will be used exclusively for agriculture (MCA 76-3-207(c)). 5. Relocation of common boundaries and the aggregation of lots within a platted subdivision (MCA 76-3-207(d),(f)). 6. Divisions made for the purpose of relocating a common boundary line between a single lot within a platted subdivision and adjoining land outside a platted subdivision (MCA 76-3-207(1)(e)). 7. The city makes a rebuttable presumption that a proposed relocation of common boundary lines is adopted for the purpose of the Act. SUBDIVISION EXEMPTION REVIEW CHECKLIST 1. Complete and signed development review application form A1. 2. 2-digital versions of all materials (JPEG or PDF) including CAD file of the COS/ plat sheets on separate CD-ROM’s or USB drives. Individual files must be provided at 5MB or less in size. 3. MCA 76-3-201(1)(b) A division of land created for mortgages, liens, or trust indentures. a. A certificate of survey that is 18- by 24-inches or 24- by 36-inches with a 1½-inch margin on the binding side. The certificate of survey must include all certificates required by Chapter 38.240.400 (Subdivision Certificates), BMC and must include all signatures except for the Gallatin County Clerk and Recorder and the Governing Body. b. Written statement explaining how many parcels within the original tract will be created by use of the exemption, and who will have title to and possession of the remainder of the original parcel. c. A signed and notarized statement from a lending institution that the creation of the exempted parcel is necessary to secure a construction loan for buildings or other improvements on the parcel. e. Completed Municipal Facilities Exclusion Checklist. Per 38.350.030.D.1, provide an exhibit showing service line locations to the site in accordance with the City’s design and specification requirements. 4. MCA 76-3-207(a) Divisions made outside platted subdivision for common boundary realignment between adjoining parcels. a. A certificate of survey that is 18- by 24-inches or 24- by 36-inches with a 1½-inch margin on the binding side. The certificate of survey must include all certificates required by Chapter 38.240.400 (Subdivision Certificates), BMC and must include all signatures except for the Gallatin County Clerk and Recorder and the Governing Body. b. The certificate of survey must show that the exemption was used only to change the location of a boundary line dividing two parcels. c. The certificate of survey must clearly distinguish the prior boundary location (shown, for example, by a dashed or broken line or a notation) from the new boundary (shown, for example, by a solid line or notation). d. The certificate of survey must bear the signatures of all landowners whose parcels are changed by the relocation. e. Copy of deed(s) exchanging recorded interest from every person having a recorded interest in adjoining properties for the entire newly-described parcel(s) that is acquiring additional land. f. Documentation showing the need or reason for the relocation (for example: structure encroachment, surveyor error, or enhancement of the configuration of the property). g. If there are existing structures on site, an exhibit illustrating the location of existing structures in relation to the relocated property line. h. Completed Municipal Facilities Exclusion Checklist. Per 38.350.030.D.1, provide an exhibit showing service line locations to the site in accordance with the City’s design and specification requirements. Subdivision Exemption Checklist Page 1 of 2 Revision Date: June 2020 SUBDIVISION EXEMPTION CHECKLIST 5. MCA 76-3-207(b) Division made outside of a platted subdivision for gift or sale to immediate family. a. A certificate of survey that is 18- by 24-inches or 24- by 36-inches with a 1½-inch margin on the binding side. The certificate of survey must include all certificates required by Chapter 38.240.400 (Subdivision Certificates), BMC and must include all signatures except for the Gallatin County Clerk and Recorder and the Governing Body. b. Copy of deed transferring interest in parcel being created. c. Statement detailing where the deed is in escrow, how long it will be in escrow, and authorization to contact the escrow agent for verification. d. The Certificate of Survey must indicate the name of the grantee, the relationship of the grantee to the landowner, and the parcel to be conveyed to the grantee. e. Completed Municipal Facilities Exclusion Checklist. Per 38.350.030.D.1, provide an exhibit showing service line locations to the site in accordance with the City’s design and specification requirements. 6. MCA 76-3-207(c) Division made outside of a platted subdivision for agricultural purposes. a. A certificate of survey that is 18- by 24-inches or 24- by 36-inches with a 1½-inch margin on the binding side. The certificate of survey must include all certificates required by Chapter 38.240.400 (Subdivision Certificates), BMC and must include all signatures except for the Gallatin County Clerk and Recorder and the Governing Body. b. Covenant running with the land, revocable only by mutual consent of the City of Bozeman and the transferee/ property owner, that the divided land will be used exclusively for agricultural purposes, and that no building or structure requiring water or sewer facilities shall be utilized on such a parcel. c. Completed Municipal Facilities Exclusion Checklist. Per 38.350.030.D.1, provide an exhibit showing service line locations to the site in accordance with the City’s design and specification requirements. 7. MCA 76-3-207(d) For lots within a platted subdivision, relocation of common boundaries and/or aggregation of lots. a. An amended plat or a certificate of survey, legibly drawn with permanent ink or printed or reproduced by a process guaranteeing a permanent record, that is 18- by 24-inches or 24- by 36-inches overall to include a 1½-inch margin on the binding side. The amended plat or certificate of survey must include all certificates required by Chapter 38.6 (Subdivision Certificates), BMC and must include all signatures except for the Gallatin County Clerk and Recorder and the Governing Body. b. The amended plat and certificate of survey must show that the exemption was used only to change the location of a boundary line dividing two parcels. c. The amended plat and certificate of survey must clearly distinguish the prior boundary location (shown, for example, by a dashed or broken line or a notation) from the new boundary (shown, for example, by a solid line or notation). d. The amended plat and certificate of survey must bear the signatures of all landowners whose parcels are changed by the relocation. e. Copy of deed(s) exchanging recorded interest from every person having a recorded interest in adjoining properties for the entire newly-described parcel(s) that is acquiring additional land. f. Documentation showing the need or reason for the relocation (for example: structure encroachment, surveyor error, or enhancement of the configuration of the property). g. If there are existing structures on site, an exhibit illustrating the location of existing structures in relation to the relocated property line. h. Completed Municipal Facilities Exclusion Checklist. Per 38.350.030.D.1, provide an exhibit showing service line locations to the site in accordance with the City’s design and specification requirements. APPLICATION FEE Base fee: $200 CONTACT US Alfred M. Stiff Professional Building 20 East Olive Street PO Box 1230 Bozeman, MT 59715 phone 406-582-2260 fax 406-582-2263 planning@bozeman.net www.bozeman.net/planning REQUIRED FORMS A1 Subdivision Exemption Checklist Page 2 of 2 Revision Date: June 2020 After recording, please return to: 3120 WAGON WHEEL LLC 117 Heritage Dr. Bozeman, MT 59715 QUIT CLAIM DEED FOR ADEQUATE CONSIDERATION, 3120 WAGON WHEEL LLC, a Montana limited liability company, as Transferor, does hereby convey, remise, release and forever quitclaim unto 3120 WAGON WHEEL LLC, a Montana limited liability company of 117 Heritage Drive, Bozeman, Montana 59715, as Transferee, the following described real property located in Gallatin County, Montana to-wit: Tract B-1 of Certificate of Survey No. _____________, being a tract of land located in the SW1/4 of Section 19, Township 2 South, Range 6 East, P.M.M., City of Bozeman, Gallatin County, Montana, according to the official survey thereof on file and of record in the office of the Clerk and Recorder of Gallatin County, Montana. TOGETHER WITH all the tenements, hereditaments, and appurtenances thereto belonging, and the reversion and reversions, remainder and remainders, rents, issues, and profits thereof; and possession, claim and demand whatsoever as well in law as in equity of the Transferor. TO HAVE AND TO HOLD unto the said Transferee, its successors and assigns forever. DATED this _____ day of __________, 2021. 3120 WAGON WHEEL LLC, a Montana limited liability company, by _________________________________ Patty T. Cowles, Member STATE OF MONTANA ) : ss. County of ____________) On this _____ day of ______________, 2021, before me, a Notary Public in and for said State, personally appeared PATTY T. COWLES, Member of 3120 WAGON WHEEL LLC, a Montana limited liability company, known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that the company executed the same. ______________________________________ Printed Name: __________________________ Notary Public for the State of Montana Residing at ____________________, Montana My commission expires: __________________ June 29, 2021 Page 1 of 1 41H 35695-00 GROUND WATER CERTIFICATEWater Right Number: Place of Use: Place of Use: ID ID Govt Lot Govt Lot Qtr Sec Qtr Sec Sec Sec Twp Twp Rge Rge County County Acres Acres 19 19 3.00 2S 2S 6E 6E GALLATIN GALLATIN NWNWSW NWNWSW 1 1 Priority Date:SEPTEMBER 8, 1981 at 09:27 A.M. Maximum Flow Rate: Maximum Acres:3.00 Owners:3120 WAGON WHEEL LLC 117 HERITAGE DR BOZEMAN, MT 59715-9286 STATE OF MONTANA DEPARTMENT OF NATURAL RESOURCES AND CONSERVATION 1424 9TH AVENUE P.O.BOX 201601 HELENA, MONTANA 59620-1601 GENERAL ABSTRACT Total: 3.00 Remarks: Version:1 -- ORIGINAL RIGHT 41H 35695-00 General Abstract 50.00 GPM 8.00 AC-FTMaximum Volume: OWNERSHIP UPDATE TYPE 608 # 204856 RECEIVED 02/24/2020. OWNERSHIP UPDATE TYPE 608 # 205281 RECEIVED 05/11/2020. GROUNDWATERSource Type: Source Name:GROUNDWATER ID Govt Lot Qtr Sec Sec Twp Rge County Point of Diversion and Means of Diversion: WELLDiversion Means: Casing Diameter: 6.00 INCHES Static Water Level: 25.00 FEET Well Depth:129.00 FEET Period of Diversion:JUNE 1 TO OCTOBER 1 1 19 6E2SNWNWSW GALLATIN Purpose (use):DOMESTIC IRRIGATION Households:1 Volume: Volume: 0.50 AC-FT 7.50 AC-FT Purpose (Use): Purpose (Use): DOMESTIC IRRIGATION Period of Use: Period of Use: JUNE 1 to OCTOBER 1 JUNE 1 to OCTOBER 1 OWNERSHIP UPDATE RECEIVED Geocodes/Valid: 06-0799-19-3-06-10-0000 - Y Enforceable Priority Date: SEPTEMBER 8, 1981 at 09:27 A.M. Version Status:ACTIVE DocuSign Envelope ID: AD4454DD-592E-41DE-B774-344F16EE276A