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Home My WebLink About004 Preliminary Plat Page 4 CONDITIONS OF APPROVAL FOR FERGUSON FARM // SUBDIVISION LOCATED IN THE SW 114, SECTION 10, T. 2 S., R. 5 E. OF P.M.M., CITY OF BOZEMAN, GALLATIN COUNTY, MONTANA CONDITIONS OF APPROVAL FOR FERGUSON FARM II SUBDIVISION, LOCATED IN THE SW 'I/4 OF SEC. '1 C, T 2 S., R 'S E. OF P.M.M. CITY OF BOZEMAN, GALLATIN COUNTY, MONTANA CONDITIONS OF APPROVAL Pursuant to ARM 24.183.1107 (4): 1. The common open space parcels within this plat are intended to be owned and maintained by the Property Owner's Association. (a)Any text and/or graphic representations of requirements by the governing body for final plat approval including, but not limited to, setbacks from streams or 2. Utility easements are 10' wide and 15' wide where fronting future buildings. riparian areas, floodplain boundaries, no—build areas, building envelopes, or the use of particular parcels, are shown on the Conditions of Approval sheet; 3. Open Space Lot 1, Open Space Lot 2, Open Space Lot 3, Open Space Lot 5, Open Space Lot 8, Open Space Lot 9, Open Space Lot 10, Open Space Lot 11, Open Space Lot 12, Open Space Lot 13, and Open Space Lot 14 (b)The Landowner hereby certifies that the text and/or graphics shown on the Conditions of Approval sheet represents requirements by the governing body for are public access easements. final plat approval and that all conditions of subdivision application have been satisfied; and 4. The orientation of corner lots shall be the same as interior lots. (c)The information shown is current as of the date of the certification required in (4)(b), and that changes to any land—use restrictions or encumbrances may 5. Due to known high groundwater in the area, no basements will be permitted with future development of the site. No crawl spaces will be permitted with future development of the site unless a professional engineer registered in be made by amendments to covenants, zoning regulations, easements, or other documents as allowed by low or by local regulations. the State of Montana certifies that the lowest point of any proposed structure is located above the seasonal high groundwater level and provide supporting groundwater data prior to release of a building permit. In addition, sump pumps are not allowed to be connected to the sanitary sewer system. Sump pumps are not allowed to be connected to the drainage system unless capacity is designed into the drainage system to accept the pumped water. Pursuant to A.R.M. 24.183.1107 UNIFORM STANDARDS FOR FINAL SUBDIVISION PLATS: Section (2)(e)(xxiii)(A): "Federal, state and local plans, policies, regulations, Water from sump pumps may not be discharged onto streets where it may create a safety hazard for pedestrians and vehicles. and/or conditions of subdivision approval that may limit the use of the property, including the location, size, and use are shown on the Conditions of Approval 6. 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 owner's association. Maintenance sheet or as stated. I Buyers of the property should ensure that they have obtained and reviewed all sheets of the plot and all documents recorded and filed responsibility shall include, in addition to the common open space and trails, snow removal, all vegetative ground cover, boulevard trees, stormwater facilities, and irrigation systems in the public right—of—way boulevard strips in conjunction with the plat and that buyers of the property are strongly encouraged to contact local planning department and become informed of any limitations along all external perimeter development streets and 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 on the use of the property prior to closing." use and enjoyment by residents of the development and the general public. The property owner's 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 some 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 owner's CERTIFICATE OF TRANSFER OF OWNERSHIP 3c association created by the subdivider to maintain all common open space areas within Ferguson Form II Subdivision. COMPLETION OF NON PUBLIC IMPROVEMENTS 7. On Sheets 2 and 3 a cross hatched area is used to signify a potential pedestrian access easement per P.O.A determination. These potential easements are centered on the common lot lines of Lots 2 & 3, Lots 4 & 5, and Lots 6 & 7 in Block 7 and Lots 3 & 4, and Lots 5 & 6 in Block B. The subdivision Protective Covenants, Conditions & Restrictions & Bylaws has more information regarding these potential easements and their applicability. The following are hereby granted and donated to the property owners association noted below for their use and enjoyment: Open Space Lots 1-14. Unless B. The back—in angled parking is to be maintained by the property owners association, which includes snow removal, pavement maintenance, and all other maintenance functions of the back—in angle parking spaces. specifically listed in the Certificate of Dedication, the city accepts no responsibility for maintaining the some. 1, Michael W. Delaney, hereby further certify that 9. Lot access must be constructed to the standard set forth by the City of Bozeman Design Standards and Specifications Policy, and the City of Bozeman Modifications to the Montana Public Works Standard Specifications per 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 Bozeman Municipal Code requirements. subdivision plotted herewith, have been installed in conformance with any approved plans and specifications prepared in accordance with the standards of Chapter 10. The Property Owners Association is responsible for repair and replacement of an special surface finishes, including but not limited to stamped concrete, in the public right—of—way includingfor damage during City maintenance, 38 or other City design standards, or have been financially guaranteed and are covered by the subdivision improvements agreement accompanying and recorded P y p P P y P 9 P P 9 y 9 9 y with this plat. repair, or replacement of utilities beneath the public right—of—way. 11. The Property Owners Association is responsible for repair and replacement of any special surface finishes, including but not limited to stamped concrete, in the public right—of—way including for damage during City maintenance, Installed Improvements: repair, or replacement of utilities beneath the public right—of—way. The City will return the land to a finished grade, but will not be responsible for any repair or replacement of any special surface finishes. Financially Guaranteed Improvements: 12. The maintenance easement shown on this plot for Maynard Border Ditch is subject to the requirements of Section 70-17-112, MCA, restricting interference with canal or ditch easements. Irrigation works are subject to Section 85-7-2211 and 85-7-2212, MCA regarding duties and liability. These requirements are binding on all successors in interest of the property shown in this plot, and will remain in effect until such time that the water user facility The subdivider hereby grants ownership of all non—public infrastructure improvements to the Ferguson Farm II Subdivision Property Owner's Association. is abandoned in accordance with the requirements of Montana Law, or alternative requirements are agreed to in writing by all applicable parties. The easement must be prepared as a separate document from the final plat but may be referenced on the plat. Boardwalk Properties, Inc., a Montana Corporation 13. The property owners association for this subdivision will be responsible for the maintenance of the proposed culverts and pedestrian crossings along the Maynard Border Ditch. Doted this _day of_— , 2022. STATE OF GALLATI By: Michael W. Delaney, President • of COUNTY OF GALLATIN This instrument was signed or acknowledged before me on this —__ day of — 2022, by Michael W. Delaney as President of Boardwalk Properties, Inc., a Montano Corporation. n Notary Public for the State of Montano 7Z Printed Name: Residing My commission expires: — — �..,. GRANT OF SHARED PARKING, DRAINAGE AND ACCESS EASEMENT l I — The undersigned hereby grants to the Ferguson Form II Subdivision Property Owners Association a shared parking, drainage and access easement over, under, and I � across all areas included in the diagonal hatch pattern shown on Sheets 1 and 2 of this plat.Additional drainage easements are hereby granted to the Ferguson L Farm II Subdivision Property Owners Association including the entirety of Open Space Lot 2, Open Space Lot 5, Open Space Lot 8, Open Space Lot 10, and Open • =wi ` '- + Space Lot 11.Additional shared access easements are hereby granted to the Ferguson Farm 11 Subdivision Property Owners Association including the entirety of - _ Open Space Lot 1, Open Space Lot 2, Open Space Lot 3, Open Space Lot 5, Open Space Lot 8, Open Space Lot 9, Open Space Lot 10, Open Space Lot 11, Open Space Lot 12, Open Space Lot 13, and Open Space Lot 14. Boardwalk Properties, Inc., a Montana Corporation Doted this _day of , 2022. i FLOOD HAZARD AREA REALIGNED MAYNARD BOARDER DITCH Z I STATE OF MONTANA c V COUNTY OF GALLATIN By: Michael W. Delaney, President ?I Q m , This instrument was signed or acknowledged before me on this -- day of — 2022, by Michael W. Delaney as President of Boardwalk \ � W Properties, Inc., a Montano Corporation. r y Z I m > Notary Public for the State of Montana s Printed Name: _ Residing My commission expires: GRANT OF DRAINAGE AND DITCH MAINTENANCE EASEMENT FLOOD HAZARD AREA BOUNDARY The undersigned hereby grants to the Maynard Border Ditch Association a drainage and maintenance easement over, under, and across the drainage and ditch maintenance easement as shown on this plat. Boardwalk Properties, Inc., a Montana Corporation Doted this _day of___, 2022. STATE OF MONTANA By: Michael W. Delaney, President COUNTY OF GALLATIN This instrument was signed or acknowledged before me on this -- day of — 2022, by Michael W. Delaney as President of Boardwalk Properties, Inc., a Montano Corporation. Notary Public for the State of Montana Printed Name: Residing at: My commission expires: 1CMMI Engineering and Surveying Inc. -1 *IMEGSHEET 4 OF 4 #170827