HomeMy WebLinkAboutCowdry Minor Sub Final Plat (2) FINAL PLAT
COWDREY - KAGY MINOR SUBDIVISION -
MINOR SUBDIVISION NO.
A MINOR SUBDIVISION OF THE SUBJECT TRACT OF PLAT 21, FILM 869 LOCATED IN _ - _ - KAGY BLVD.105'RIGHTOFWAY-
THE SOUTHWEST QUARTER OF SECTION 13, TOWNSHIP 2 SOUTH, RANGE 5 EAST, 2"ALUM.CAP 2"ALUM.CAP
PMM, BOYLAN ADD. 1, CITY OF BOZEMAN, GALLATIN COUNTY MONTANA. 45'R/W 10'UTILITY EASEMENT ADDITIONAL I5'OF KAGY BLVD. 10'GAS PIPELINE EASEMENT DOT MT DOT
FILM 127 PAGE 2737 RIGHT OF WAY ESTABLISHED THI SURVEY FM 22,PAGE 1618THIS SURVEY WAS PERFORMED FOR MJC/KAGY LLC. P.O.B N89°27'02"E(R)10.00 N 89°27'56"E(M) 9°629" 900 ns .......978.95'...... J.MT
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THE PURPOSE OF THIS SURVEY IS TO CREATE A TWO LOT MINOR SUBDIVISION o� -8 2 gn, E p5 (�s)—ns—ens �s N 89°2T5"E o
90.00' 0 202.80' s— — ,$Y-118.50' 10.00'
50.00
1 [10'UTILITY EASEMENT 73.06'
L ACCESS EASEMENT THIS SURVEY ACCESS EASEMENT
FM 121 PAGE 3267 FM 121 PAGE 32 IT
CERTIFICATE OF DEDICATION CERTIFICATE OF SURVEYOR NOTICE IS HEREBY GIVEN to all potential purchasers of Lot 2,of UJ
the Cowdrey-Kagy Minor Subdivision,City of Bozeman,Gallatin
I,Judy G.Cowdrey,Agent of MJC/KAGY,LLC,the undersigned property owner,do hereby certify I,Norbert Hackl the undersigned Professional Land Surveyor,do hereby certify that on County,Montana,that the final plat of the subdivision was approved
the I have caused to be surveyed,subdivided and platted into lots,blocks,roads,and alleys,as October 17th,2015 the accompanying Minor Subdivision was surveyed by me,or under by the Bozeman City Commission without completion of on and off 30'DEDICATION
shown by this plat hereunto included,the following described tract of land.to-wit: my supervision,and the same was platted as shown on the accompanying plat and as site improvements required under the Bozeman Municipal Code,as DOC#2440468
described,in accordance with the Montana Subdivision and Platting Act,§76-3-101 is allowed in Chapter 38.39 of the Bozeman Municipal Code.As
LEGAL DESCRIPTION through§76-3-625 M.C.A.,and the Gallatin County Subdivision Regulations. such,this Restriction is filed with the final plat that stipulates that any
use of this lot is subject to further subdivision,and no development of
O A tract of land being part of Lot 1 of the Boylan Addition,and the subject tract of Plat 21,Film 869. Dated this 25th day of May 2016. NTAN this lot shall occur until all on and off site improvements are
Located in the Southwest Quarter of Section 13,Township 2 South,Range 5 East P.M.M.City of •� q• completed as required under the Bozeman Municipal Code.
Bozeman,Gallatin County Montana,being more particularly described as follows: THRERFORE,BE ADVISED that Building Permits will not be issued
Norbert Hackl,PLS NORBER7 for Lot 2,of the Cowdrey-Kagy Minor Subdivision,City of Bozeman,
Beginning at the Northwest corner of Plat 21 Film 869,a 5/8"rebar; Montana Registration No.14,535 L.S. HACKL Gallatin County,Montana until all required on and off site
thence N 89027'56"E a distance of 351.31 feet,to a calculated position; NO.14535 LS improvements are completed and accepted by the City of Bozeman.
thence S 00*18!40"E a distance of 620.15 feet,to a 1 1/4""Center"Yellow Plastic Cap; 9!7 0O 0 No building structure requiring water or sewer facilities shall be
thence S 89*3525 W a distance of 350.78 feet,to a 1 1/2"OD Iron Pipe; ti� CENS �-t utilized on this lot until this restriction is lifted.This restriction runs
S U R`) with the land and is revocable only by further subdivision or the
thence N 04.995 a e a distance of 619.39 feet,to the Point of Beginning written consent of the City of Bozeman. Gf 161A
containing 4.995 acres,more or less. fpAos 26 ; M z
CERTIFICATE OF COUNTY TREASURER cr'
Subject to all easements of record or apparent from a visual inspection of the property. I, Treasurer of Gallatin County,Montana do hereby certify o y o
that the accompanying Plat has been duly examined and that all real property taxes and O' 8
The above-described tract of land is to be known and designated as w— 10.00'UTILITY EASEMENT m
9 special assessments assessed and levied on the land to be surveyed have been aid. >O Ao
Cowdrey-Kagy Minor Sudivision,No. ,City of Bozeman,Gallatin County,Montana;and p y p EASEMENT CENTERLINE TABLE D Z THIS SURVEY
the lands included in all streets,avenues,alleys,and parks of public lands shown on said plat are LINE AZIMUTH DISTANCE O- `e LOT 1
hereby granted and donated to the City of Bozeman for the public use and enjoyment.Unless Dated this day of L1 N 34°27'07"E 50.84' R�1 O 1.000 ACRES
specifically listed herein,the lands included in all streets,avenues,alleys and parks or public L2 N 87°37'28"E 47.39' 2 43,560 SQ.FT.
lands dedicated to the public are accepted for public use,but the City accepts no responsibility for L3 N 00°39104"W 31.09' : m
N
maintaining the same.The owner agrees that the City has no obligation to maintain the lands
included in all streets,avenues,alleys and parks or public lands hereby dedicated to public use. L4 N 24°38'23"E 42.82' a .N
L5 N 39°06'28"E 22.47' N "10'UTILITY EASEMENT o
Treasurer of Gallatin County 10'UTILITY
The undersigned hereby grants unto each and every person,firm or corporation,whether public : to-n LOT 2 EASEMENT THIS SURVEY m
or private,providing or offering to provide telephone,electric power,gas,internet,cable O W 3.457 ACRES L4
tel
or other similar utility service,the right to the joint use of an easement for the z TI O vi: :m
constuction,maintenance,repair and removal of their lines and other facilities in,over,under and CERTIFICATE OF DIRECTOR OF PUBLIC WORKS z.00 N E50,604 T IS SUBJECT
10'EASEMENT m
M LOT DEVELOPMENT IS SUBJECT TO
across each area designated on this plat as"Utility Easement"to have and to hold forever. AROUND PREIMETER �8
� FURTHER SUBDIVISION REVIEW y�
I,Director of Public Works,City of Bozeman,Montana,do hereby certify that the D OF COMM.SHED a.e
Dated this day of accompanying plat has been duly examined and has found the same to conform to the : Z o L3 SOO
law,approves it,and hereby accepts the dedication to the City of Bozeman for the public LEGEND A: L2 mm E
use of any and all lands shown on the plat as being dedicated to such use. ? a �' c.:o UH1 G
m"rn `O r^ m 20'UTILITY&ACCESS EASEMENT �,^ SfApfJ-Z
Judy G.Cowdrey DATED this day of ado FOR BENEFIT OF RADIO TOWER 3 p P�
MJC/KAGY U.C. • FOUND 5/8"REBAR UNLESS OTHERWISE NOTED /L1/ COMM.SHED
v: 20.20'
State of ) Director of Public Works O CALCULATED POSITION ALONG WEST LINE
County of S.S.) City of Bozeman,Montana O, SET 5/8"X 24"REBAR WITH 2"ALUMINUM CAP OF LOT 1
\ S 89°27'56"W
On this day of ,2016 before me,a Notary ♦ RIGHT OF WAY MONUMENT -\ 118.50,
Public in and for said state,personally appeared,Judy G.Cowdrey of MJC/Kagy,LLC.,known to CERTIFICATE OF EXCLUSTION FROM MONTANA DEPT.OF ENVIRONMENTAL '
me to be the person whose name is subscribed to the within instrument and acknowledged to me QUALITY REVIEW Z 1/4 SECTION CORNER AS NOTED \
that she executed the same. \ RADIO TOWER -A
Subject Tracts and Lots of this plat are within the City of Bozeman,a first-class BOUNDARY
municipality and within the planning area of the Bozeman growth policy which was \ ;
adopted pursuant to Section 76-1-601 at seq.,MCA,and can be provided with adequate ——————— OLD BOUNDARY ; \
Signature storm water drainage and adequate municipal facilities.Therefore,under the provisions \ RADIO TOWER
of Section 76-4-125(2)(d),MCA,this subdivision is excluded from the requirements for ADJOINING LOT BOUNDARIES 174 25' 176.68' '
Montana Department of Environmental Quality Review
ROAD AND ACCESS EASEMENTS
Printed Name
DATED this day of ,2016. UTILITY EASEMENTS
Notary Public for the State of
. ''''''''''' ' TIES TO CORNERS
Residing at I
Director of Public Works —ens—eos— GAS LINE EASEMENT
My commission expires City of Bozeman,Montana
RADIO TOWER GUY WIRE '
® RADIO TOWER fCOS 1661 A I
CERTIFICATE OF CLERK AND RECORDER G I w
CERTIFICATE OF COMPLETION OF IMPROVEMENTS 2"ALUM.CAP
q TOWER GUY I m MT DOT
I,Judy G.Cowdrey,and I,Chris Budeski,a registered professional engineer licensed to practice I, Clerk and Recorder of Gallatin County,Montana,
hereby certify that the foregoing instrument was filed in my office POINT OF BEGINNING
in the state of Montana,hereby certify that the following improvements,required to meet the at o'clock_.M.this day of A.D.,2016,and P.O.B. .
requirements of Chapter di isthe Bozeman Municipal Code f r as n condition of approval of recorded as Minor Subdivision No records of the Clerk and Recorder, 10'UTILITY EASEMENT
Cowdrey-Kagy Minor Subdivision,have been installed in conformance with the approved plans (M) MEASURED l
and specifications,or financially guaranteed and covered by the improvements agreement Gallatin County,Montana. THIS SURVEY (—
accompanying this plat. (R) RECORD
Document Number
Installed Improvements:None coo
o Financially Guaranteed Improvements: 30'PUBLIC STREET AND UTILITY EASEMENT FOUND 1 1/4"
o . "RAY CENTER"YPC
Clerk and Recorder of Gallatin County _ o
320.78'
1. A City Standard sidewalk constructed along the front of Lot 1&Lot 2 on Kagy Boulevard.
1
SURVEYOR'S NOTES FOUND 1 1/2"OD
2. A City Standard driveway access constructed for Lot 1&Lot 2 to replace the existing IRON PIPE s e9°30'32•w(R)
substandard access.Construction of the access shall be delayed and coordinated with the 1.PROPERTY IS SUBJECT TO THE FOLLOWING EASEMENTS WITH NO ................................S 89°35'25I W(M) .
planned improvements on Kagy Boulevard. SPECIFIC LOCATION GIVEN IN THE DEEDS OTHER THAN IN SECTION 13 350.78'(M)
351.34'(R)
The subdivider hereby warrants against defects in these improvements for a period of two years TOWNSHIP 2 SOUTH RANGE 5 EAST;
from the date of acceptance by the City of Bozeman. -A GAS PIPELINE EASEMENT PER BOOK 120,PAGE 274 E�ENf
A GAS
PEL NE EASEMENT PER BOOK
PAGE 279
ARING
and the cityThe dherreby acrants ceptsession of possessioln of alic lll public infrast infrastructure improvements,subject to the ructure improvements to the City of Bozeman -A D TCHIAND WATER PIPELINE EASEMENT PER OOK 80 PAGE 131 �01 f J y1 pAR�6 S The IS west esstt boundary of
above! warranty. -A DITCH AND WATER PIPELINE EASEMENT PER BOOK 90,PAGE 192 pI.A0B;C G� the subject tract of
PA
pGG 024 Plat 21,Film 869
Signature of Subdivider, Date
— � 0 40 80 120
Signature,Director of Public Works, Date
SCALE 1"=40'
Signature,Number,and Seal of Engineer, ,Date X 1/4 Sec. T. R. X 1/4 Sec. T. R. PROJECT SURVEYOR:NH SHEET
SHEET INDEX: MADWN ENGINURING ® 13 2 S 5 E ® L P I IV E 610 Professional Drive 1 OF n
Suite 3 DRAWN BY:MB L
895 TECHNOLOGY BOULEVARD Bozeman,MT 59718
Sheet 1-Final Plat SUITE 203,BOZEMAN,MT 59715 ® ® SVAV � 1•`NC 586.5599 Office REVIEWED BY:NH COWDREY
Sheet 2-Conditions of Approval (4061 586-0262 1(406)586-5740 FAX 586.4490 Fax
® ® DATE:05/25/16 PROJECT NO.064-106
FINAL PLAT
COWDREY - KAGY MINOR SUBDIVISION
MINOR SUBDIVISION NO.
A MINOR SUBDIVISION OF THE SUBJECT TRACT OF PLAT 21, FILM 869 LOCATED IN
THE SOUTHWEST QUARTER OF SECTION 13, TOWNSHIP 2 SOUTH, RANGE 5 EAST
PMM, BOYLAN ADD. 1, CITY OF BOZEMAN, GALLATIN COUNTY MONTANA.
CONDITIONS OF APPROVAL CONDITIONS OF APPROVAL(cont.)
In April 25th,2016 The Bozeman City Commission conducted their review of the 12.The applicant must execute and file the draft waiver of right to protest special
above-referenced Subdivision Preliminary Plat application and voted 5-0 to conditionally improvement districts included with the application materials prior to final plat approval.
approve the preliminary plat.
13.The downstream rapacity limited sewer mains must be upgraded prior to any increases
The basis for the City Commission's decision to conditionally approve the Preliminary Plat inflows from Lot 1.
application is based on the analysis and findings provided in the staff report,public
testimony,Development Review Committee recomendation,and additional information the 14.In accordance with an arterial street right-of-way,15-feet of road dedication must
demonstrates the development of the subdivision with the conditions of approval complies beprovided east to west along the northern property boundary of Lots 1 and 2 with the final
with the Unified Development Code,the City's growth policy,the Montana Subdivision and plat application to allow for planned upgrades to Kagy Boulevard.
Platting Act and other requirements.
15.The applicant must provide a financial guarantee for the required City standard sidewalk
Within thirty(30)working days of the final action to conditionally approve the subdivision,the along the front of Lot 1 and enter into an improvements agreement with the City to complete
City Commission shall issue written findings of fact that discuss and weigh the criteria as the sidewalk per BMC 38.39.060.Construction of the sidewalk must be delayed and
applicable to Section 38.03.040,BMC and Chapter 76-3-608,MCA.A signed copy of the coordinated with planned improvements on Kagy Boulevard.
findings will be mailed to you once the findings are issued.
16.Construction of a replacement City standard driveway access for Lot 1 must be delayed
The following conditions are applied to the preliminary plat: and coordinated with the planned improvements on Kagy Boulevard.The applicant must
provide a financial guarantee for the drive access on Lot 1 and enter into an improvements
1.The applicant is advised that unmet code provisions,or code provisions that are not agreement with the City to complete the access per BMC 38.39.060.
specifically listed as conditions of approval,does not,in any way,create a waiver or other
relaxation of the lawful requirements of the Bozeman Municipal Code or state law. 17.The applicant must submit with the application for Final Plat review and approval,a written
narrative stating how each of the conditions of preliminary plat approval and noted code
2.The plat must conform to all requirements of the Bozeman Municipal Code and the provisions has been satisfactorily addressed,and must include a digital copy(pdf)of the entire
Uniform Standards for Subdivision Plats(Uniform Standards for Certificates of Survey and Final Plat submittal.This narrative must be in sufficient detail to direct the reviewer to the
Subdivision Plats(24.183.1104,ARM;24.183.1107,ARM)and must be accompanied by all appropriate plat,plan,sheet,note,covenant,etc.in the submittal.
required documents,including certification from the City Engineer that as-built drawings for
public improvements,a platting certificate,and all required and corrected certificates were This approval and City Commission decision may be appealed according to the provisions of
received.The Final Plat application must include three(3)signed reproducible copies on a 3 Section 38.35.080 BMC.An aggrieved person may present to the court of record a petition,
mil or heavier stable base polyester film(or equivalent);two(2)digital copies;one(1)PDF duly verified,setting forth that such decision is illegal in whole or part and specifying the
copy,and five(5)paper prints.The Gallatin County Clerk&Recorder's Office has elected to grounds of illegality.Such petition shall be presented to the court within the timeframe
continue the existing medium requirements of two mylars with a 1%"binding margin on one established by state law.
side for both plats and COS's.The Clerk and Recorder will file the new Conditions of
Approval sheet as the last same-sized mylar sheet in the plat set. UTILITIES NOTE
3.All notes,restrictions and conditions of approval must be relocated from the plat and The position of the underground utilities shown hereon are based on the field survey of the
transferred to the final plat conditions of approval sheet. locates provided by the"CALL BEFORE YOU DIG"utility locate service,Ticket#15092530.
The surveyor makes no guarantees that the underground utilities shown comprise all such
4.Lot 2 must be platted as an undevelopable lot in accordance with Section 38.39.080.6.6,
utilities in the area,either in service or abandoned.The surveyor further does not warrant that
BMC,with the following language placed on each undevelopable lot of the final plat:"Lot the underground utilities shown are in the exact location indicated although he does certify
development subject to further subdivision review."No public improvements shall be that they are located as accurately as possible from the information available.The surveyor has
required for the undevelopable lot until it is subdivided as a lot which is not subject to this not physically located the underground utilities.All above ground utilities are as shown on the
restriction.This language shall be placed on the face of the plat or in a separate executed Survey Plat.
document to be recorded with the final plat:"NOTICE IS HEREBY GIVEN to all potential
purchasers of Lot 2,of the Cowdrey-Kagy Minor Subdivision,City of Bozeman,Gallatin
County,Montana,that the final plat of the subdivision was approved by the Bozeman City
Commission without completion of on and off site improvements required under the CERTIFICATE OF CONDITIONS OF APPROVAL
Bozeman Municipal Code,as is allowed in Chapter 38.39 of the Bozeman Municipal Code.
As such,this Restriction is filed with the final plat that stipulates that any use of this lot is The text and/or graphics shown hereon represent the requirements by the governing body for final
subject to further subdivision,and no development of this lot shall occur until all on and off plat approval and all conditions of subdivision application have been satisfied.The information
site improvements are completed as required under the Bozeman Municipal Code. shown hereon is current as of .Changes to any land-use restrictions or encumberances
THRERFORE,BE ADVISED that Building Permits will not be issued for Lot 2,of the may be by amendments to covenants,zoning regulations,easements,or other documents as
Cowdrey-Kagy Minor Subdivision,City of Bozeman,Gallatin County,Montana until all allowed by law or by local regulations.
required on and off site improvements are completed and accepted by the City of Bozeman.
No building structure requiring water or sewer facilities shall be utilized on this lot until this
restriction is lifted.This restriction runs with the land and is revocable only by further
subdivision or the written consent of the City of Bozeman."
By:
5.The final plat must provide a mutual access easement that allows access between Lot 1 Judy Cowdrey,of MJC Kagy,LLC.
and Lot 2 for the service of the radio tower,radio tower shed and communications shed.The
easement must be described,dimensioned and shown on the final plat in its true and correct
location.
6.The final plat must provide all necessary utility easements,which must be described, RELATED DOCUMENTS FOR REFERENCE
dimensioned and shown on the final plat in their true and correct location.Any rear or side Waiver of Right to Protest Creation of SID Document Number
yard utility easements not provided will require written confirmation from utility companies
providing service indicating that rear or side yard easements are not needed.
7.The final plat application must contain the following notation on the conditions of approval
sheet in the final plat:"No parkland dedicated with this subdivision.Development on land NO PARKLAND DEDICATION
initially exempted from park dedication is required to provide park dedication if further
development of the site does not continue to meet the criteria for exemption." No parkland dedicated with this subdivision.Development on land initially exempted from park
dedication is required to provide park dedication if further development of the site does not
8.Unless already fled,and prior to final plat approval,an executed waiver of right to protest continue to meet the criteria for exemption.
the creation of special improvement districts(SIDS)for a park maintenance district must be
fled and recorded with the Gallatin County Clerk and Recorder.
9.Plans and specifications for any water,sewer and/or storm sewer main extensions,and LOT 2 DEVELOPMENT RESTRICTION
Public or Private Streets(including curb,gutter and sidewalks)prepared by a professional
engineer(PE)must be provided to and approved by the City Engineer at the time of Development of Lot 2 is subject to further subdivision review by the City of Bozeman.
development.Water and sewer plans must also be approved by the Montana Department of
Environmental Quality.The applicant must provide professional engineering services for
construction inspection,post-construction certification,and preparation of mylar record
drawings.Construction must not be initiated on the public infrastructure improvements until
the plans and specifications have been approved and a preconstruction conference has
been conducted.
10.A stormwater master plan must be submitted for review at the time of the further
subdivision of Lot 2.The master plan must depict the maximum sized retention/detention
basin location,and locate and provide easements for adequate drainage ways within the
subdivision to transport runoff to the stormwater receiving channel.The plan must include
sufficient site grading and elevation information(particularly for the basin sites,drainage
ways,and lot finished grades),typical stormwater retention/detention basin and discharge
structure details,basin sizing calculations,and a stormwater maintenance plan.
11.Prior to any building permit approval,an erosion and sediment control permit must be
obtained from the City's Stormwater Program Coordinator.
X 1/4 Sec. T. R. X 1/4 Sec. T. R. PROJECT SURVEYOR:NH SHEET
MAMON ENGINEERING ® 13 2 S 5 E ® L P I IV E 81 it Professional Drive 2 OF 2
Suite 3 DRAWN BY:MB
895 TECHNOLOGY BOULEVARD Bozeman,MT 59718
SUITE 203,BOZEMAN,MT 59715 ® ® SURVEYING,, 586.5599 Office REVIEWED BY:NH COWDREY
14061 586-0262 1(406)586-5740 FAX 586.4490 Fax
® ® DATE:05/10/16 PROJECT NO.064-106