HomeMy WebLinkAboutResolutions 2025-23 - Declaring Intent to Order Sidewalks be Installed in Certain Areas per 7-14-4109 and 7-14-4110, MCAPage 1 of 3
RESOLUTION 2025-23
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, DECLARING
THE CITY COMMISSION’S INTENT TO ORDER THAT SIDEWALKS BE INSTALLED IN CERTAIN
AREAS OF BOZEMAN AS PROVIDED FOR IN SECTIONS 7-14-4109 AND 7-14-4110, MONTANA
CODE ANNOTATED.
WHEREAS, Section 7-14-4109, Montana Code Annotated, provides that a local
governing body may order sidewalks constructed in front of any lot or parcel of land; and
WHEREAS, Sec. 34.04.50, Bozeman Municipal Code, requires that upon the third
anniversary of the plat recordation of any phase of a 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; and
WHEREAS, the plat for Valley West Subdivision, Phase 3A & 3B was recorded on
March 3, 2006, the plat for Valley West Subdivision, Phase 3C was recorded on July 25, 2006,
the plat for Valley West Subdivision, Phase 3D was recorded on June 15, 2007, the plat for The
Lakes at Valley West – Phase 3 was recorded on March 8, 2017; and
WHEREAS, there remain several lots in said Phases of Valley West, and The Lakes at
Valley West Subdivisions that lack sidewalks in front of them; and
WHEREAS, property owners have requested that the necessary steps are taken to
complete the installation of sidewalks along all the streets in said subdivisions.
NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of Bozeman,
Montana:
Docusign Envelope ID: 40A1462B-8DD3-4662-8C01-E9E16447C165
Page 2 of 3
Section 1
That, in accordance with the provisions of Section 7-14-4109, Montana Code Annotated,
Sec. 34.04.50, Bozeman Municipal Code, and the City’s sidewalk policy, as established in
Commission Resolution No. 2965, the City Commission declares its intent to order the
installation of sidewalks where they are lacking on the following described properties:
1. Lot 161, Valley West Subdivision – Phase 3A
2. Lot 183, Valley West Subdivision – Phase 3A
3. Lot 2, Valley West Subdivision – Phase 3B
4. Lot 101, Valley West Subdivision – Phase 3C
5. Lot 74, Valley West Subdivision – Phase 3D
6. Lot 27, The Lakes at Valley West – Phase 3
Section 2
That at a regular session of the City Commission of the City of Bozeman, to be held in
the City Commission Room, City Hall, 121 N. Rouse Avenue, Bozeman, Montana, on Tuesday,
the 15th day of July, 2025, at the hour of 6:00 p.m. of said day, is the time and place when and
where the City Commission will hear testimony in support of and in opposition to the ordering
of sidewalks as contained in Section 1, above.
The City Clerk is hereby directed to publish notice of the adoption of this resolution of
intention.
Section 3
PASSED, ADOPTED, AND APPROVED by the City Commission of the City of Bozeman,
Montana, at a regular session thereof held on the 10th day of June, 2025
___________________________________
TERRY CUNNINGHAM
Mayor
ATTEST:
________________________________________
MIKE MAAS
City Clerk
Docusign Envelope ID: 40A1462B-8DD3-4662-8C01-E9E16447C165
Page 3 of 3
APPROVED AS TO FORM:
___________________________________
GREG SULLIVAN
City Attorney
Docusign Envelope ID: 40A1462B-8DD3-4662-8C01-E9E16447C165
NOTICE
NOTICE IS HEREBY GIVEN that, at its regular meeting held on the 10th day of
June, 2025, the City Commission of the City of Bozeman, Montana, duly and regularly passed and
adopted a resolution, entitled:
RESOLUTION 2025-23
RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, DECLARING THE CITY COMMISSION’S INTENT THAT
SIDEWALKS BE INSTALLED IN CERTAIN AREAS OF VALLEY WEST SUBDIVISION – PHASES 3A, 3B,
3C, 3D AND THE LAKES AT VALLEY WEST SUBDIVISION – PHASE 3 AS PROVIDED FOR IN
SECTIONS 7-14-4109 AND 7-14-4110, MONTANA CODE ANNOTATED.
A copy of said Commission Resolution is on file with the City Clerk at 121 N. Rouse
Avenue, Bozeman, Montana, which states the City Commission’s intent to install sidewalks
along particular lots within the city limits of the City of Bozeman, unless otherwise noted, as
follows:
1. Lot 161, Valley West Subdivision – Phase 3A
2. Lot 183, Valley West Subdivision – Phase 3A
3. Lot 2, Valley West Subdivision – Phase 3B
4. Lot 101, Valley West Subdivision – Phase 3C
5. Lot 74, Valley West Subdivision – Phase 3D
6. Lot 27, The Lakes at Valley West – Phase 3
NOTICE IS HEREBY FURTHER GIVEN that Tuesday, the 15th day of July, 2025, at 6:00 p.m.
at the Commission Room of City Hall, 121 N. Rouse Avenue, Bozeman, Montana, is designated as
the time and place set for hearing and passing on all public testimony in support of and in
opposition to this proposed sidewalk installation order.
This notice is given pursuant to Section 7-3-4448, M.C.A.
DATED this 14th day of June, 2025.
Docusign Envelope ID: 40A1462B-8DD3-4662-8C01-E9E16447C165
_________________________
Mike Maas
City Clerk
P.O. Box 1230
Bozeman, MT 59771
(406) 582-2320
Legal Ad
Publish: June 14, 2025
June 21, 2025
Docusign Envelope ID: 40A1462B-8DD3-4662-8C01-E9E16447C165
Docusign Envelope ID: 40A1462B-8DD3-4662-8C01-E9E16447C165
Docusign Envelope ID: 40A1462B-8DD3-4662-8C01-E9E16447C165
Docusign Envelope ID: 40A1462B-8DD3-4662-8C01-E9E16447C165
Docusign Envelope ID: 40A1462B-8DD3-4662-8C01-E9E16447C165
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CERTIFICATE OF DEDICATION
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:
Phase 3 of The Lakes at Valley West, being Lot R2 of The Lakes at Valley West-Phase 1 & Phase 2, Plat
J-572; situated in the NEY.NWY. of Section 9, Township 2 South, Range 5 East, Principal Meridian,
City of Bozeman, Gallatin County, Montana, more particularly described as follows:
FINAL PLAT
THE LAKES AT VALLEY WEST -PHASE3
LOT R2 OF PHASE 2 OF THE LAKES AT VALLEY WEST SUBDIVISION, PLAT J-572,
SITUATED IN THE NEl/4 NWl/4, OF SECTION 9, TOWNSHIP 2 SOUTH, RANGE 5 EAST,
PRINCIPAL MERIDIAN, CITY OF BOZEMAN, GALLATIN COUNTY, MONTANA.
ZONING
CITY OF BOZEMAN
R-1
OWNER
THE LAKES AT VALLEY WEST, BOZEMAN TWO, LLC
4515 N56TH ST
PHOENIX, AZ 85018-3119
BASIS OF BEARING
THE BEARINGS SHOWN HEREON ARE MODIFIED RECORD
BEARINGS. THE RECORD BEARING, N.Olo06'05"E., ALONG
THE EAST LINE OF THE NORTHEAST ONE-QUARTER OF
SECTION 9, WAS RECOMPUTED BASED ON THE
RE·ESTABUSHMENT OF OBLITERATED CORNERS BETWEEN
THE ONE-QUARTER CORNER BETWEEN SECTION 9 AND
SECTION 10, AND THE CORNER TO SECTIONS 3, 4, 9, AND
10, THE RESULTJNG BEARJNG IS N.Ol006'00"E.
PURPOSE
TO CREATE 50 RESIDENTIAL LOTS,
6 OPEN SPACE LOTS, AND
1 RESTRICTED LOT
Commencing at the Corner to Sections 4, 5, 8, and 9, Township 2 South, Range 5 East, Principal Meridian, as
described on Certified Corner Recordation, Book 4, Page 931, Document No. 2566976, filed at the Gallatin
County Clerk and Recorde~s Office; thence N.88" 04' 19"E. for 1337.30 feet to the West One-sixteenth Corner
between Section 4 and Section 9; thence S.OO" 59' 02"W. for 50.06 feet along the east boundary of the
NWY.NWY. of Section 9 to a point on the south right-of-way of Durston Road, the Point of Beginning; thence
N.88' 04' 19"E, for 873.66 feet along the south right-of-way of Durston Road to the northwest corner of Phase 2
of The Lakes at Valley West; thence S.1 "54'25"E., 25.00 feet to an angle point on the west boundary of Phase 2
ofThe Lakes at Valley West; thence S.19"42'50'W., 388.15 feet to an angle point on the west boundary of Phase
2 of The Lakes at Valley West; thence S.13"17'40"E., 223.76 feet to the southwest corner of Phase 2 of The
Lakes at Valley West; thence N.88"04'19"E., 487.01 feet to a point on the west right-of-way of North Laurel
Parkway; thence S.0'58'16"W., 694.85 feet to a point on the north boundary of the SEY.NWY. of Section 9;
thence S.88'28'17"W., 1292.11 feet to the Northwest One-sixteenth Corner of Section 9; thence N.OO" 59' 02"E.
for 1291.80 feet along the east boundary of the NWV.NWV. of Section 9, to the Point of Beginning.
500 0 250 500
The Area of the above described tracts of land is 1,376,730 square feet, or 31.605 acres, more or less.
The above-described tract of land is to be known and designated as "The Lakes at Valley West-Phase 3", 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 include Westmorland Drive and Westgate Avenue.
The undersigned hereby grants unto each and every person finn 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.
THE LAKES AT VALLEY WEST, BOZEMAN TWO, LLC.
q_ ~I
Dated
State of iYJol'l h:uu.• ..
County of r"f \lt.,\j,__
On this q ~ day of Muft.l\... , 2017, before me, the undersigned
Notary Public for the State of MtMi.wG-personally appeared James M. Kilday, known to me
to be the Authorized Representative of The Lakes at Valley West, Bozeman Two, LLC. and acknowledged to
me that said LLC executed the same.
Notary Public in and for the State of IIJ\w\-r.w.c..-
Printed Name C..ltltlSnE I.E-E: srANDift>Rt?
Residing at Berc1Mne-1 IW>NTA!JA
My commission expires M""'Y,k U, cl1f> 1'1
CERTIFICATE OF EXCLUSION FROM MONTANA
DEPARTMENT OF ENVIRONMENTAL QUALITY REVIEW
The Lakes at Valley West-Phase 3, 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_-'-~--"'<Q'-'n-'-'\ ________ , 2017.
oolard
Direct of Public Works
City of Bozeman, Montana
CERTIFICATE OF DIRECTOR OF PUBLIC WORKS
I, Craig Woolard, 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 __ ..j..___ day of ~\1. \ '2017.
~llllllj;~llllllj;-~-1111;;;;;~·~~1 L--~ I
( IN FEET )
PROJECT AREA
VICINITY MAP
DEDICATION AND EASEMENT NOTE
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.
CERTIFICATE OF SURVEYOR
I, Jon C. Wilkinson, Montana Professional Land Surveyor License No. 16411 LS, hereby certify that the Final Plat of
The Lakes at Valley West Phase 3 was surveyed under my supervision between July 2016 and December 2016,
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 September 1, 2017, due to public improvements construction pursuant to 24.183.1101 (1)(d)
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A.R.M. ;:.''' 0 NT A 11,/'''-<o~ M A'f-C_\.\. #' "' . . . . . ~ ,~ -~ o• "• ~-Dated this day of , 2017. ~ • • • •""' ~ : JON C. •• ~
"'· 1 ,.-g.,: WILKINSON :a:~ -:--:::-:-:-::::-:---:::;-;::-:::::--:::-':#~C"'-"-• .5. tv.~~,M~~~~;: . No. 16411 LS : S: ff
Jon C. Wilkinson, PLS, CFedS "'<:'~· ( Q • -}!: ~ ~ -~ • /CENS~ .• -$"-~ MT Reg.#16411LS ~ :l'o •• • · • · • <;; ,$:'
MorrisonMMaierle, Inc. ~,,/.,.4L L~~\)\''''~ 11111/tr I Ill 111\\\
3
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THE LAKES
AT VALLEY WEST
J-598
CERTIFICATE OF COUNTY TREASURER
I, Kimberly Buchanan, Treasurer of Gallatin County, Montana, do hereby certil)r 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.
r.~ Afl L Dated this _1J..._ __ day of _ _,_j'I~O.~f(,~V\~---' 2017.
Tax ID No.
Tax ID No.
CERTIFICATE OF COMPLETION OF IMPROVEMENTS
I, James M. Kilday 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 3, 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: None
Financially Guaranteed Improvements:
1. Street Improvements
2. Sewer & Water Improvements
3. Storm Water Improvements
4. Sidewalk Improvements
5. Open Space ll)lprovements
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.
/Y-1.
Craig oolard
Director of Public Works
City of Bozeman, Montana
Dated
Dated
CERTIFICATE OF CLERK AND RECORDER
I, Charlotte Mills, Clerk and Recorder of Gallatin County, Montana, do hereby certify that the foregoing instrument
was filed in my office at ll '.'AS o'clock, (a.m.,..,.,....,.), this tO +h day of !31.ri I, ,
20111. and recorded in Book :t of Plats on page 5 GfS3 , and Document# Q 5"1(.tl '1 o ,
Records of the Clerk and Recorder, Gallatin County, Montana.
Dated this b~ ,day of ~ c'.\ '2017.
l!,t;u;J!L ~ ~. G ) ""-. n, , . ~ ~C~ha~rlo~tte~M~i~lls----~~--~~~~~~~r~ ~
Clerk and Recorder
Gallatin County, Montana
2576470 Paee, 1 of 4 04/06/2017 11:35:39 ~M Fee: $53.50 Charlotte Mills -Gallatin Counly, MT PLRT
· liiiiiiiiiiiiiDIIIIIIIIIIIIIIIIIIIIII[I!I!II~~IIIIIIIIIIIIIIIIIImllllJIIIIJIIIIIII
11 jj Morrison
-Maierle
2660 Technology Bllld West
Bozeman, MT 59718
Phone; 406.567.0721
Fax: 406.922.6702
1/4 SEC.
NW
SECTION
9
TOWNSHIP
2S
RANGE
5E
engineers • .surveyors . plan.ners · scientists COI'YRJGHT 0 MORRlSOru.IAIERLE, INC.,2017 PRINCIPAL MERIDIAN, MONTANA
FIELD WORK: _,M"'M=..I __
DRAWN BY: __,C"'-H-"-N.:...._ __
CHECKED BY: JCW
DATE: 3/2017
SCALE: 1"=500'
PROJ. #: 5352.007
GALLATIN COUNTY, MONTANA
PLOTTED DATE: Mar/07/2017
norsworthy
CLIENT;
PLOTTED BY: cole
SHEET _1_ OF _4_
DRAWING NAME: N;\5352\007\ACAD\Survey\FPLAT\5352007-PHASE3-FPLAT-PLOT.dwg
Docusign Envelope ID: 40A1462B-8DD3-4662-8C01-E9E16447C165
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PARCEL LINE DATA PARCEL CURVE DATA
SEGMENT LENGTH DIRECTION SEGMENT
L1 12.56 S56" 35' 04"W
L2 23.59 S56" 35' 04"W
L3 17.38 N50" 56' 59"E
L4 29.97 S39" 03' 01 "E
L5 18.80 S70" 17' 10"E
L6 18.80 S70" 17' 10"E
L7 18.80 S70" 17' 10"E
L8 30.00 S11" 18' 23"W
L9 8.38 S50" 56' 59"W
L10 15.98 S51" 03' 54"W
L11 9.31 S56" 35' 04"W
L12 30.00 N20" 17' 08"W
L13 20.90 S36" 32' 03"E
L14 57.63 N56" 35' 04"E
L15 30.04 S36" 32' 03"E
L16 30.03 N36" 32' 03"W
L17 65.49 N56" 35' 04"E
L18 58.08 N50" 56' 59"E
L19 64.84 N50" 56' 59"E
L20 3.59 SO" 59' 02"W
L21 0.16 N56" 35' 04"E
L22 0.16 N50" 56' 59"E
L23 21.61 S39" 03' 01 "E
L24 17.72 S88" 04' 19"W
L25 6.38 N11" 18' 23"E
L26 6.10 N11" 18' 23"E
L27 6.38 N11" 18' 23"E
L28 19.60 N 19" 23' OO"E
L29 52.40 N 19" 23' OO"E
L30 37.89 S74" 03' 24"E
L31 10.00 S19" 23' OO"W
L32 10.77 S19" 23' OO"W
L33 15.84 N20" 17' 08"W
L34 15.84 N20" 17' 08"W
L35 8.40 N50" 56' 59"E
L36 16.62 N75" 16' 23"E
L37 16.62 N75" 16' 23"E
L38 25.27 S27" 34' 07"E
L39 11.50 N51" 12' 06"E
L40 19.74 SO" 59' 02"W
L41 9.50 SO" 59' 02"W
L42 19.74 SO" 59' 02"W
L43 15.71 SO" 59' 02"W
LEGEND
~ PARKING EASEMENT SEE PAGE4ffi
w PUBLIC STORM WATER UTILITY EASEMENT
~ DRIVEWAY ACCESS & UTILITY EASEMENT ~ SEE PAGE 4 ffi AND ffi
~ 10' PUBLIC UTILITY & STREET MAINTENANCE/SNOW
~ REMOVAU STORAGE EASEMENT
1::: : :::: :::::: :: ::: I ADDITIONAL SNOW REMOVAL STORAGE AREA . . . . . . . . . . . . . . . . . . ·················· . . . . . . . . . . . . . . . . . .
~ 10' PUBLIC UTILITY EASEMENT (TYPICAL)
• FOUND REBAR WITH A PLASTIC CAP
SET REBAR, 5/8 IN. DIAM. WITH ORANGE PLASTIC CAP
0 MARKED "MORRISON-MAIERLE INC. 16411LS".
MONUMENTS TO BE SET BY SEPTEMBER 1. 2017.
C1
C2
C3
C4
C5
C6
C7
C8
C9
C10
C11
C12
C13
C14
C15
C16
C17
C19
C20
C21
C22
C23
C24
C25
C26
C27
C28
C29
C30
C31
C32
C33
C34
LENGTH
2.35
16.02
16.02
25.23
57.01
55.55
13.92
16.00
16.00
30.02
7.62
43.60
42.46
17.36
7.48
22.15
20.35
30.40
20.07
31.89
18.01
20.24
24.54
12.28
77.34
62.38
57.39
32.43
1.43
19.94
32.67
20.79
2.45
RADIUS
180.00
180.00
180.00
180.00
37.60
36.38
390.00
450.00
450.00
450.00
450.00
27.00
26.13
120.00
120.00
180.00
180.00
20.00
184.00
20.00
459.00
13.00
216.00
216.00
216.00
200.00
184.00
20.00
121.00
121.00
88.00
56.00
89.00
DETAIL 1
DETAIL2
DELTA
0"44'50"
5"06'00"
5"06'00"
8"01'50"
86"52'50"
87°29'00"
2"02'40"
2"02'20"
2°02'20"
3"49'20"
0"58'10"
92"31'00"
93"07'10"
8"17'20"
3"34'10"
ro3'00"
6"28'40"
87°05'20"
6"15'00"
91"21'10"
2"14'50"
89"12'20"
6"30'40"
3"15'30"
20"31'00"
17"52'20"
17"52'20"
92"54'40"
0"40'30"
9"26'30"
21"16'10"
21"16'10"
1"34'50"
N56o35'04"E
0.16'
BASIS OF BEARING
THE BEARINGS SHOWN HEREON ARE MODIFIED RECORD
BEARINGS. THE RECORD BEARING, N.01°06'05"E., ALONG
THE EAST LINE OF THE NORTHEAST ONE-QUARTER OF
SECTION 9, WAS RECOMPUTED BASED ON THE
RE*ESTABLISHMENT OF OBLITERATED CORNERS BETWEEN
THE ONE*QUARTER CORNER BETWEEN SECTION 9 AND
SECTION 10, AND THE CORNER TO SECTIONS 3, 4, 9, AND
10. THE RESULTING BEARING IS N.Olo06'00~E.
40 0 20 40 ------( IN FEET )
FINAL PLAT
THE LAKES AT VALLEY WEST-PHASE 3
LOT R2 OF PHASE 2 OF THE LAKES AT VALLEY WEST SUBDIVISION, PLAT J-572,
SITUATED IN THE NEl/4 NWl/4, OF SECTION 9, TOWNSHIP 2 SOUTH, RANGE 5 EAST,
PRINCIPAL MERIDIAN, CITY OF BOZEMAN, GALLATIN COUNTY, MONTANA.
ZONING
CITY OF BOZEMAN
R-1
PURPOSE
TO CREATE 50 RESIDENTIAL LOTS,
6 OPEN SPACE LOTS, AND
1 RESTRICTED LOT
THE LAKES rr;-, I lOZEMI\N TWO, LLC
4515 N56TH ST
PHOENIX, AZ.. 85018-3119
J-598
50' DURSTON ROAD ~[_~_,~"jR~I~G~HT~-~O~~~W~A~Y~~-----c----------------;-------------------------------------------!'~"'""~~C{)AD~---------------------------------------------:::~~~~~f:~::r--------------------~;J DEDICATED WITH THE DURSTON R z
LAKES PHASE 1 & 2 50' DURSTON ROAD o
RIGHT-OF-WAY
~ DEDICATED WITH THE-...._ -----~
z 0
PUBLIC STORM WATER
UTILITY EASEM~NT
LOT39
6000 sq.ft.
LOT40
6000 sq.ft.
z 0
30' 30'
LOT38
4050 sq. ft.
LOT37
4050 sq.ft.
OPEN SPACE A
LOT 11
2401 sq.ft.
< Zw
LAKES PHASE 1 & 2
PUBLIC STORM WATER
UTILITY EASEMENT
LOT10 2400 sq.ft.
LOTB LOT9 LOT6 2400 sq.ft. 2510 sq.ft. 2400 sq.ft.
_ _.;S::::Bo:..B'=.c04'19"W 34=0.94""--' __ ARNHEMWAY
LOT22
LOT23
LOT2
3355 sq.ft.
LOT24
"' W· u"' <(0' o.."' "'"' ~ Z:,G
w"' 0.. 0
u w. U¢:
<(ci-0.."'
"'" z"' w~ 0..
0
LOT46
5041 sq.ft.
80.48'
LOT47
4500 sq. ft.
LOT41
6000 sq.ft.
LOT42
6010 sq.ft.
LOT43
6391 sq.ft.
LOT48
5614 sq.ft.
LOT44 \
4417 sq.ft.
LOT49
5662 sq.ft.
LOT36
4050 sq. ft.
LOT35
4050 sq. ft.
LOT33
LOT SO
5924 sq.ft.
LOT13
4373 sq.ft.
/
(
LOT14
3705 sq.ft.
LOT29
4506 sq.ft.
\ LOT31
\ 5183 sq.ft.
\
AREA SUMMARY-PHASE 3
LOT AREA: 4.85 acres (211,112) Sq. Ft.
PUBLIC R-O-W AREA: 2.58 acres (112,385) Sq. Ft.
OPEN SPACE (PUBLIC): 3.12 acres (135,907) Sq. Ft.
PHASE 3 TOTAL AREA: 10.546 acres (459,404) Sq. Ft.
LOT27
4169 sq.ft.
LOT26
4624 sq.ft.
LOT25
4622 sq.ft.
LOT24
4617 sq.ft.
OPEN SPACEF
75738 sq.ft.
79'
LOT21j
3895 sq.ft.
I
LOT23
4613 sq.ft. LOT22
4964 sq.ft.
.~Morrison
-Maierle
LOT27
2880 Technology Blvd West
Bozeman, MT 59718
Phone: 406.587.0721
Fax: 406.922.6702
LOT25
LOT26
LOT28
LOT29
LOT30
OPEN SPACE F PHASE 2
SECTION
NW 9
LOT21
I
LOT31
Doc.~ l5ll.o'tiO
2576470
LOTR2AAREA 21.059 acres (917,326 Sq. Ft.) ~·:"'::::'':"::." ;,:· ',:::"~:•':o•.:,:• '..!:':'"":"':",;..· •:de:"':i~ts::.--~=~===i;l'~· ~ PRINCIPAL MERIDIAN, MONTANA
GALLATIN COUNTY, MONTANA FIELD WORK: _,M:"M:!!!Ic_ __
DRAWN BY: __.:oC::_H:::N:__ __
CHECKED BY: _,J,_,C"'W"---
DATE: 312017 GRAND TOTAL AREA 31.605 acres (1,376,730 Sq. Ft.) SCALE: _,_1_:"=24,_0' ___ _
PROJ. #: 5352.007
PLOTTED DATE: Mar/0712017 PLOTTED BY: cole
norsworthy
CLIENT: THE LAKES SHEET _3_ OF _4_ Page: 3 of 4 04/06!2017 11:35:39 AM Fee: $53.50 Charlotte Mills-Gallatw County, MT PLAT
llllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllll_-. THE LAKES
AT VALLEY 'WrEsT
Missing Sidewalk Location
Docusign Envelope ID: 40A1462B-8DD3-4662-8C01-E9E16447C165
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LOT 5
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30' PUBLIC WATER MAIN EASEMENT
FILED WITH THIS PLAT
OPEN SPACE A
LOT 4
fEASEMENT
AREA
LOT 3
LOT 2
30
I
CL\ DRIVEWAY ACCESS & UTILITY EASEMENT FOR LOT 4, PH. 3
LOT LOT 12
LOT 37 EASEMENT AREA 1---
.,...-
LOT 36 ( LOT 13
30 I 0 I ---I ( IN FEEr )
0 I ---I ( IN FEEr )
15 30 I I
Ci\ DRIVEWAY ACCESS & UTILITY EASEMENT FOR LOT 38, PH. 3
OPEN
OPEN SPACE
SPACE LOT 8 LOT 7 A
LOT 9 A
28'
15
'
CONDITIONS OF APPROVAL SHEET
THE LAKES AT VALLEY WEST -PHASE 3
LOT R2 OF PHASE 2 OF THE LAKES AT VALLEY WEST SUBDIVISION, PLAT J-572,
SITUATED IN THE NEl/4 NWl/4, OF SECTION 9, TOWNSHIP 2 SOUTH, RANGE 5 EAST,
PRINCIPAL MERIDIAN, CITY OF BOZEMAN, GALLATIN COUNTY, MONTANA.
30
I
LOT 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.
2.
3.
NOTICE IS HEREBY GIVEN to all potential purchasers of Lot R2A, of the Lakes at Valley West Subdivision Phase 3, 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 Bozeman Municipal Code, as is allowed in Chapteri
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 subject to further subdivision, and no development of this lot shall occur until all on and off site improvements are !
completed as required under the Bozeman Municipal Code. THEREFORE, BE ADVISED, that Building Penn its will not be I
issued for Lot R2A, of the Lakes at Valley West Subdivision Phase 3, City of Bozeman, Gallatin County, Montana until all j
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 restrtction is lifted. This restrtction nuns with the land and is
revocable only by further subdivision or the written consent of the City of Bozeman.
I
' 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 I
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 lor
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 i
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 3.
The proposed development falls within a known area of high groundwater. 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 discharg~d
onto streets, such as into the curb and gutters where they may create a safety hazard for pedestrtans and vehicles. I
4. 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
5. All maintenance of Arnhem Way is the responsibility of the property owner's association.
6. All maintenance of storm water infrastructure is the responsibility of the property owner's association.
7. Lots along Durston Road have a 1' wide vehicular no-access easement unless otheiWise noted. Direct access to Durston
Road will not be allowed for single family lots.
B. City standard sidewalks (including a concrete sidewalk section through all prtvate 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, withoJt
further notice, construct within 30 days, the sidewalk for their lot(s), regardless of whether other improvements have been I
made upon the lot.
' 9. 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 ·
~-I
10. Front setback encroachments are allowed as provided in the protective covenants and restrtctions for The Lakes at Valley I
West Planned Unit Development, Phase 3. '
11. All open space parcels are hereby encumbered by a public access easement as recorded in I
Document No. j
12. The plat shows an easement for snow removal and storage along Arnhem Way. Snow removed from Arnhem Way must I
either be placed in this snow storage area or be hauled offsite to an approved location. Snow from Arnhem Way may not be
deposited on public right of way. 11
Certificate of Transfer of Ownership and Completion of Non-Public Improvements; and Conditions of Approval : 1
!
The following are hereby granted and donated to the property owners association noted below for their use and enjoyment: Common Operi
Space parcels designated with letter A, B, C, D, E & F. Unless specifically listed in the Certificate of Dedication, the city accepts no I
responsibility for maintaining the same. The Lakes at Valley West, Bozeman, LLC hereby further certify that the following non-public i
improvements, required to meet the requirements of chapter 38 of the Bozeman Municipal Code, or as a condition(s} of approval of the I
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 I
improvements agreement accompanying and recorded with this plat.
Installed Improvements: None
Financialfy Guaranteed Improvements: Landscaping, Irrigation System, Sidewalks and Traifs.
The subdivider hereby grants ownership of all non-public infrastructure improvements to the property owners association created by
document number ______________ _
J-598
Special Improvement Distrtct Waivers:
Buyers are hereby notified that the property is subject to two special improvement lighting districts (#728, #729 and# __ ) and subject to
special improvement district waivers as identified in the annexation agreement, film 180 page 22 through 98 and special improvement
districts listed in document#2048041 and document#'-------·
PARK AREA TABLE:
REQUIRED PARKLAND:
LOTS 31, 48, 49, AND 50 0.06 acres/lot 0.24 acres
REMAINING 46 LOTS 0.03 acres/lot 1.38 acres
TOTAL: 1.62 acres
SURPLUS PARKLAND FROM
PHASE 1 AND 2: 2.94 acres
SURPLUS PARK LAND PHASES 1, 2 AND 3
TO BE APPLIED TO FUTURE PHASES: 1.32 acres
~-
The 54 dwelling urtits ~onsist of 1 unit on
each lot in Phase 3 and 'one accessory
dwelling unit on Lots 31, 48, 49, and 50 in
Phase 3.
~
"'
1'
28'
---
---
LOT 18
(3'\, PARKING EASEMENTS
---
1'
EASEMENT AREA
1'
---
LOT 19
33.5'
OPEN
SPACE
E
"' "'
1'
28'
jl· 1'
LOT 20
EASEMENT ARE
-~
-EASEMENT AREA
---20
I
LOT 21
0 ____. -( IN FEEr )
10 20
I I
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 approvaf and that ail conditions of subdivision application have been satisfied; and that the information shown is current as of the I
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. '
State of ---'-'rVIM-""-'-"1-a.M=A'-'---------
County of _ _JQ..:r.utJlo.h"""'"'-'-',""---------
On this q\11.. day of MIA...-c.lil... , 2017, before me, the undersigned
Notary Public for the State of Mo.ai-4JIIl!-personally appeared James M. Kilday, known to me to
be the Authorized Representative of The Lakes at Valley West, Bozeman Two, LLC. and acknowledged to me
that said LLC executed the same.
Notary Public in and for the State of Movv.tJ/>.
Prtnted Name C.llftlf>'C\e !..6E stAJJPl!=oru:>
Residing at f3er EJ•AnE, Moi,JTAAJA
My commission expires /1.\a.nk\ 4f. .Qt>l9 I
THE LAKES
AT VALLEY \17EST
[l Morrison ••M . I -a1ere
engineers • surveyors • planners • scientists
FIELD WORK: -"M"'M.,_,I __ _
DRAWN BY: -'C"-H"'N,__ __
CHECKED BY: JCW
\) oc :tf-:257{p~/o
2576470
Page: 4 of 4 04/06/2017 11 35:39 AM Fee: $S3.50
t Charh,tte Mllls -Gallatin County, MT PUn
·.. 111111111111111111111111111111111111111111111111111111111111111111111111111111111111111 1111111111111_ ....
2880 Technology Blvd West
Bozeman, MT 59718
Phone: 406.587.0721
Fax: 408.922.6702
COPYRIGHT It> MORRISON-MA!ERLE. INC.,2017
1/4 SEC.
NW
SECTION
9
TOWNSHIP
2S
PRINCIPAL MERIDIAN, MONTANA
RANGE
5E
DATE: 3/2017 GALLATIN COUNTY, MONTANA
SCALE:...'.1.:"=,4;c0' ___ _
PROJ. #: 5352.007
PLOTTED DATE: Mar/07/2017
norsworthy
CLIENT: THE LAKES
PLOTTED BY: cole
SHEET _4_ OF _4_
DRAWING NAME: N:\5352\007\ACAD\Survey\FPLAT\5352007-PHASE3-FPLAT-PLOT.dwg
Docusign Envelope ID: 40A1462B-8DD3-4662-8C01-E9E16447C165
Certificate Of Completion
Envelope Id: 40A1462B-8DD3-4662-8C01-E9E16447C165 Status: Completed
Subject: Complete with Docusign: G.9 Res 2025-23 of Intent to Order Sidewalks Valley West and The Lakes.pdf
Source Envelope:
Document Pages: 12 Signatures: 4 Envelope Originator:
Certificate Pages: 5 Initials: 0 Mike Maas
AutoNav: Enabled
EnvelopeId Stamping: Enabled
Time Zone: (UTC-07:00) Mountain Time (US &
Canada)
Stamps: 2 PO Box 1230
Bozeman, MT 59771
Mmaas@bozeman.net
IP Address: 208.94.236.100
Record Tracking
Status: Original
6/10/2025 3:08:32 PM
Holder: Mike Maas
Mmaas@bozeman.net
Location: DocuSign
Security Appliance Status: Connected Pool: StateLocal
Storage Appliance Status: Connected Pool: City of Bozeman Location: Docusign
Signer Events Signature Timestamp
Terry Cunningham
tcunningham@bozeman.net
Mayor
City of Bozeman
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 174.231.86.245
Signed using mobile
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Electronic Record and Signature Disclosure:
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ID: 47eea7cb-ba9e-4f63-bb08-c11196c7c534
Greg Sullivan
gsullivan@bozeman.net
Bozeman City Attorney
City of Bozeman, Montana
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Electronic Record and Signature Disclosure:
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ID: 482ab1e8-a8c2-45e9-afb5-8e54fc8625bc
Mike Maas
mmaas@bozeman.net
City Clerk
City of Bozeman
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 208.94.236.100
Sent: 6/11/2025 8:27:12 AM
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Electronic Record and Signature Disclosure:
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In Person Signer Events Signature Timestamp
Editor Delivery Events Status Timestamp
Agent Delivery Events Status Timestamp
Intermediary Delivery Events Status Timestamp
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Carbon Copy Events Status Timestamp
Kellen Gamradt
kgamradt@bozeman.net
COB Engineer II
Security Level: Email, Account Authentication
(None)
Sent: 6/11/2025 9:05:31 AM
Viewed: 6/12/2025 7:51:59 AM
Electronic Record and Signature Disclosure:
Accepted: 2/3/2020 8:16:58 AM
ID: f6481adb-a8df-4324-8a7b-21bc2f5e4b0d
Witness Events Signature Timestamp
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Envelope Sent Hashed/Encrypted 6/10/2025 6:30:07 PM
Envelope Updated Security Checked 6/11/2025 9:05:09 AM
Certified Delivered Security Checked 6/11/2025 9:01:59 AM
Signing Complete Security Checked 6/11/2025 9:05:29 AM
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Electronic Record and Signature Disclosure
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Electronic Record and Signature Disclosure created on: 7/9/2018 4:06:02 PM
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