HomeMy WebLinkAbout12- Huempfner Minor Subdivision Improvements Agreement Inter-office Ori final to:
City of Bozeman
Planning Department
20 East Olive Street
IMPROVEMENTS AGREEMENT
FOR
HUEMPFNER MINOR SUBDIVISION
BOZEMAN, MONTANA
THIS AGREEMENT is made and entered into this —%;k- day of ,2012,
by and between MICHAEL S.HUEMPFNER,525 Jack Leg Lane,Bozeman,MT 59 5,hereinafter
called the "Subdivider",and the City of Bozeman,a Municipal Corporation and political subdivision
of the State of Montana,with offices at 121 North Rouse Avenue,Bozeman,MT 59715,hereinafter
called the "City".
WHEREAS,it is the intent and purpose of the Subdivider to meet the conditions of approval
of a two lot minor subdivision preliminary plat application for the Huempfner Minor Subdivision to
divide 8.939 acres into two industrial/commercial lots on property generally located on the south side
of US Highway 20/East Frontage Road being approximately one half mile east of Interstate 90,Exit
309 Interchange, legally described as Tract A of Certificate of Survey No. 475B situated in the
Southeast 1/A of Section 8 and Southwest 1/a of Section 9, T2S, R6E, City of Bozeman, Gallatin
County, Montana; and
WHEREAS, it is the intent of the Subdivider to obtain Final Plat approval; and
WHEREAS, the Subdivider recognizes the need to satisfy the improvements guarantee
requirements for the Final Plat approval of the Huempfner Minor Subdivision and to guarantee the
full and satisfactory completion of the required improvements related with the property hereinafter
described; and
Huempfner Minor Subdivision-Improvements Agreement Page 1
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 on the property hereinafter described, and it is the intent of this Agreement,and of the
parties hereto, to satisfy the requirements and guarantee improvements for the conditional
approval of said major subdivision application.
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 which are designated and identified
as follows:
Tract A of Certificate of Survey No. 475B situated in the Southeast '/ of Section 8 and
Southwest '/ of Section 9,T2S, R6E, City of Bozeman, Gallatin County, Montana.
2. Improvements
This Agreement specifically includes extension of municipal water services to subject
property as listed in Exhibit"A"-Estimated Cost for Improvements and illustrated on the plans and
specifications contained in the City Engineering Department and Planning Department files. The
Estimated Cost of said improvements has been prepared by Madison Engineering,895 Technology
Boulevard, Suite 203, Bozeman, MT 59718 at Fifty Thousand, Seven Hundred Twenty Dollars
and No Cents ($50,720.00) and is attached and made a part of this Agreement, as Exhibit"A".
3. Financial Guarantee,Time for Completion of Improvements
It is the Subdivider's intent with this Agreement to complete all required subdivision
improvements related to the subject property. Therefore, this Agreement shall be secured by a
financial guarantee in the form of a Letter of Credit, Irrevocable Standby Letter of Credit No.
IS0012172 issued by Wells Fargo Bank, dated May 24,2012 with a maturity date of November 30,
2012 in the amount of Seventy Six Thousand,Eighty Dollars and No Cents($76,080.00),which is
one and one-half times the estimated cost of the installation of all required improvements.
The financial guarantee shall be in full force and effective for a minimum of six(6)months,
or until the work is completed by the Landowners and accepted by the City of Bozeman. The
Subdivider hereby agrees that the remaining subdivision improvements will be completed and
Huempfner Minor Subdivision-Improvements Agreement Page 2
Subdivider hereby agrees that the remaining subdivision improvements will he completed and
accepted by the City of Bozeman within three (3) months of executing this Agreement or no
later than July 15, 2012 in order to avoid default on the method of security.
Upon submission of fully documented invoices for the work performed, said work to be
inspected and certified for payment by Subdividers'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. Said financial guarantee shall be automatically
renewed or extended within thirty (3 0) days of the expiration date if all required subdivision
improvements are not installed at that time.
J. 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 in 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 for 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 specifying the
default is deposited in the United States mail addressed to the Subdivider,Michael S.Huempfner,
525 Jack Leg Lane,Bozeman,MT 59715,or such other address as the Landowners 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.
B) The City may enforce any other remedy provided by law.
Huempfner Minor Subdivision-Improvements Agreement Page 3
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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. The 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. Warranty
The Subdivider shall warrant against defects in these improvements for a period of one year
from the date of their written acceptance by the Governing Body.
8. Governing Law and Venue
This Agreement shall be construed under and governed by the laws of the State of Montana.
In the event of Iitigation concerning this Agreement, venue is in the Eighteenth Judicial District
Court, Gallatin County, State of Montana.
9. Attorney's 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, to include the salary and costs of in-house counsel including
City Attorney.
10. Modifications or Alterations
No modifications or amendment of this Agreement shall be valid, unless agreed to in writing
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
The responsibilities and benefits of this Agreement to the Subdivider may not be assigned in
Huem fner Minor Subdivision-Improvements Agreement Page 4
whole, or in part, without the express written approval of the City. Such approval may not be
withheld unreasonably,but any unapproved assignment is void.There is no prohibition on the right
of the City to assign its rights under this Agreement. The City shall release the original Subdivider
from their liability under this agreement if it accepts and approves a proper assignment from any
developer or lender who obtains the property. Transfer of said lands shall not release any developer
or Iender who obtains the property from the responsibility of completing said required subdivision
improvements, unless otherwise approved by the City.
13. Successors
Except as provided in paragraph 12, this Agreement shall be binding upon, enure to the
benefit of,and be enforceable by the parties hereto and their respective heirs,successors and assigns.
SUBDIVIDER
Mi hael S. Huempfner
STATE OF MONTANA }
:ss
County of Gallatin )
On this ---?--2-- day of , 2012, before me, the undersigned, a
Notary Public for the State of Montana,per ally appeared Michael S.Huempfner known to me to
be the person whose name is subscribed to the within instrument, and acknowledged to me that he
executed the same.
IN WITNESS WHEREOF,I have hereunto set my hand and affixed my Notarial Seal the day
and year first above written.
(SEAL)
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� `osna, �r: . :� E. 5 ��itontEtna (Printed Name Here)
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�<' s at. Notary Public for the State of Montana
s�•SE tee; ""�' ' ,;rs: Residing at , Montana
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Huempfner Minor Subdivision-Improvements Agreement page 5
T Y OF BOZEMAN
Tim mctjWg
Director of Plannin Community Development
STATE OF MONTANA )
:ss
County of Gallatin )
On the day 24—of � - ,2012.,before me,a Notary Public for
the State of Montana,personally app ed Tim McHarg,known to me to be the person described in
and who executed the foregoing instrument as Director of Planning and 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 City.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my seal on the day and
year first written above.
(SEAL)
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Printed Name
Notary Notary Public for State of Montana
. �y0TARlq�,cs+
• __` _ Residing at: Bozeman, Montana
• L .• 7+r= Commission Expires: �,1 � tit
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Huempfner Minor Subdivision-improvements Agreement Page 7
EXHIBIT "A"
ESTIMATED COST FOR IMPROVEMENTS
Date:
Project: Huempfner Minor Subdivision
Landowner:
Mich l S. Huempfner, Subdivider 1-J/
Improvement Sq. Ft./Ln. Ft Estimated Cost
Municipal Water Services Per Madison Engineering Estimates $ 50,720.00
Total = $ 50,720.00
x 1.5 = $ 76,080.00
Approved by City Engineer's Offi Date L
l
Huempfner Minor Subdivision-Improvements Agreement Page 7
Wells Fargo Bank,N.A.
U.S,Trade Services
Eli Standby Letters of Credit
MAC A0195-212
One Front Street,21st Floor
San Francisco,California 94111
Phone;1(800)798-2815 Optfosi 1
E-Mail:sftradedwellsfargo.com
Irrevocable Standby Letter Of Credit
Number: iS0012172
Issue Date: May 24,2012
BENEFICIARY APPLICANT
CITY OF BOZEMAN MICHAELS.HUEMPFNER
121 NORTH ROUSE AVENUE CIO HUEMPFNER MINOR SUBDIVISION
BOZEMAN,MONTANA 59715 525 JACK LEG LANE
BOZEMAN,MONTANA 59715
LI=TTER OF CREDIT ISSUE AMOUNT USD 76,080.00 EXPIRY DATE NOVEMBER 30,2012
LADIES AND GENTLEMEN:
RE: Huempfner Minor Subdivision—Preliminary Plat Application#P-11006
At the request and for the account of the above referenced applicant,we hereby issue our Irrevocable
Standby Letter of Credit(the"Letter of Credit") in your favor in the amount of Seventy Six Thousand Eighty
dollars and 00M 00's United States Dollars(USD76,080.00)available with us at our above office by payment
against presentation of the following documents:
1.A draft drawn on us at sight marked "Drawn under Wells Fargo Bank, N.A.Standby Letter of Credit No.
iS0012172!
2 The original of this Standby Letter of Credit and any amendments thereto.
3. Beneficiary's signed and dated statement worded as follows:
"The undersigned, an authorized representative of the City of Bozeman (the"City"),hereby certifies that
Michael Huempfner(the"Subdivider") has failed to honor its contractual agreement as per that certain
Improvements Agreement between the City and Subdivider."
This Letter of Credit expires at our above office on November 30,2012.
We hereby engage with you that each draft drawn under and in compliance with the terms and conditions
of this Letter of Credit will be duly honored if presented together with the documents specified in this
Letter of Credit at our office located at One Front Street,21 st Floor, MAC A0195-212,San Francisco, CA.
94111,Attentions US Trade Services-Standby Letters of Credit on or before the above stated expiry date,or
any extended expiry date if applicable.
Together we'll go far
Page 1 of 2 V14RIW Each page of this document is an integral part 1 ?
of this Irrevocable Standby Letter of Credit Number IS0012172 /
a-
This Irrevocable Standby Letter of Credit sets forth in full the terms of our undertaking. This undertaking is
independent of and shall not in any way be modified, amended, amplified or incorporated by reference to
any document, contract or agreement referenced herein other than the stipulated [CC rules and governing
laws.
CANCELLATION PRIOR TO EXPIRATION:you may return this Letter of Credit to us for cancellation prior to its
expiration provided that this Letter of Credit is accompanied by your written agreement to its cancellation.
Such written agreement to cancellation should specifically reference this Letter of Credit by number, clearly
indicate that it is being returned for cancellation and be signed by a person identifying themselves as
authorized to sign for you.
Except as otherwise expressly stated herein,this Standby Letter of Credit is subject to the International
Standby Practice 1998, International Chamber of Commerce Publication No. 590.
Very Truly Yours,
WELLS FAR BANK,N.A.
By. v1 pRES�D��T
j+ Authorized Signature
The r a!of the Letter of Credit co lain n embossed sea!over the Authorized Signature.
Please direct any written correspondence or inquiries regarding this Letter of Credit, always quoting our
reference number,to Wells Fargo Bank, National Association,Attm U.S.Standby Trade Services
at either One Front Street or 401 Linden Street
MAC A0195-212, MAC D4004-017,
San Francisco,CA 94111 Winston-Salem,NC 27101
Phone inquiries regarding this credit should be directed to our Standby Customer Connection Professionals
1-800-798-2815 Option 1 1-800-776-3862 Option 2
(Hours of Operation: 8:00 a.m. PT to 5:00 p.m. PT) (Hours of Operation:8:00 a.m.EST to 5:30 p.m. EST)
Together we'll go far
Page 2 of 2
Each page of this muitipage document is an integral pars 71 c R
of this irrevocable Standby Letter of Credit Number IS0012172 �::J
Send Ori 'gal
City of Bozeman
Planning Department
P.O.Box 1230
Bozeman,MT 59771
BILLBOARD SIGN AGREEMENT
FOR
HUEMPFNER MINOR SUBDIVISION
THIS AGREEMENT is made and entered into this day of ,
2012, by and between MICHAEL S. HUEMPFNER, hereinafter called.the "Subdivider", and the
CITY OF BOZEMAN, a municipal corporation and political subdivision of the State of
Montana, with offices at 121 North Rouse Avenue, Bozeman, MT 59771-0640, hereinafter
called the "City"
WHEREAS, Michael S. Huempfner is the owner of real property known, as the
Huempfner Minor Subdivision legally described as Tract A, COS 475B, SE '/4, Section 8, SW
'/4, Section 9, T2S, R6E, PMM, City of Bozeman, Gallatin County, Montana; and
WHEREAS, it is the intent and purpose of the Subdivider to_meet the conditions of a
second or subsequent minor subdivision from a tract of record preliminary plat application to
subdivide 0.8.939 acres into two industrial/commercial lots at 31908 and 31910 East Frontage
Road; and
Huempfner Minor Subdivision—Billboard Sign Agreement P-11006 1
WHEREAS, part of the Preliminary Plat Review of Huempfner Minor Subdivision,
Findings of Fact and Order dated April 2, 2012, Condition No. 3, Page 8 provides for the
following:
Prior to Final Plat approval the applicant shall execute an agreement with the
City to guarantee removal of the existing billboard sign prior to October 1,
2012.
WHEREAS, it is the intent and purpose of the Subdivider to obtain Final Plat approval
for the Huempfner Minor Subdivision; and
WHEREAS, the Subdivider has simultaneously herewith submitted to the City his final
plat for approval of the Huempfner Minor Subdivision.
NOW,THEREFORE, the Subdivider hereby agrees as follows:
1. That it and all its successors and assigns shall remove the existing billboard sign
situated on Lot 2 of the final plat prior to October 1, 2012.
2. This agreement shall apply to the heirs, successors, and assigns of Huempfner Minor
Subdivision.
3. In the event it is necessary for any of the parties hereto to bring any action to enforce
the terms and covenants of this agreement, it is agreed that the prevailing party shall be entitled
to reasonable attorney fees to be set by the Court, including the salary of the City Attorney or
that of a staff attorney.
WHEREAS, the Subdivider shall have this Agreement recorded in the Office of the
Gallatin County Clerk and Recorder at the same time the Final Subdivision Plat for the
Huempfner Minor Subdivision is filed and has set his hand and seal this '?"day of
1 2012.
Huempfner Minor Subdivision—Billboard Sign Agreement P-11006 2
SUBDIVIDER
Mic ael S. Huempfner
G
STATE OF MONTANA )
:ss
County of Gallatin )
On this day of , 2012, before me a Notary Public of the State of
Montana, personally appeared M' hael S. Huempfner, known to me to be the person that
executed the foregoing Improvements Agreement, and acknowledged to me that they executed
the same for and on behalf of said Subdivider.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day
and year first above written.
(SEAL)
si-s• ',
1����,g �L��'q Kristi 7Bell (Printed Name Here)
��� `- N°w Not Public for the State of Montana
aosa�rA�. for the Staty Rr c7 Residing at &A q rc 4e.My Commission Expires:S a 66
My canes lin 2
January 16,2015 1 (Use 4 digits for expiration year)
Huempfner Minor Subdivision—Billboard, Sign Agreement P-11006 3
CITY OF BOZEMAN
DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPME
Alfred M. Stiff Professional Building phone 406-582-2260
20 East Olive Street fax 406-582-2263
P.O. Box 1230 planning @bozeman.net
Rn7aman Mnnfana c;n777-7)an www.bozeman.net
MEMORANDUM
TO: TIM COOPER, CITY ATTORNEY'S OFFICE
STACY ULMEN, CITY CLERK
FROM: DAVE SKELTON, SENIOR PLANNER
RE: FINAL PLAT REVIEW AND APPROVAL
HUEMPFNER TWO-LOT MINOR SUBDIVISION
PLANNING FILE NO. P-12007
DATE: JUNE 195 2012
Madison Engineering, on behalf of Michael S. Huempfner has made application to the
Planning Office for Final Plat review and approval for the Huempfner Two Lot Minor Subdivision,
being a two-lot light manufacturing commercial subdivision located on the south side of Highway No.
20/East Frontage Road approximately one mile east of the Interstate 90, Exit 309 interchange.
On January 23, 2012, the City Commission granted preliminary plat approval to subdivide
8.939± acres and create two light manufacturing/commercial lots with fourteen conditions of approval.
Staff's summary review addresses the conditions of preliminary plat approval outlined in the Findings of
Fact and Order. Attached is a copy of the signed Findings of Fact and Order dated April 2, 2012.
The developer has applied for final plat review and approval of the Huempfner Two Lot Minor
Subdivision electing to financially guarantee the required extension of municipal service lines to the
existing structures (i.e., municipal water). Based on the summary review provided below, the
Development Review Committee, City Engineering's Office and Planning Department have reviewed
the application against the conditions of preliminary plat approval; and as a result, find that final plat
application may be granted approval by the City Commission.
Four (4) original mylars of the Final Plat, original Platting Certificate, copy of Improvements
Agreement, Financial Guarantee, and Billboard Sign Agreement are attached The Improvements
Agreement and Billboard Sign Agreement will be recorded and filed with the final plat at the Clerk and
Recorder's Office. There will not be a "No Build" restriction necessary with the recording of this final
plat.
The Planning Staff respectfully requests that you prepare a City Attorney's Certificate using
the attached original Platting Certificate; approve the Certificates of Director of Public Service,
Certificate of Exclusion from Montana DEQ Review, and Certificate of Governing Body "as to
planning • zoning , subdivision review • annexation - historic preservation - housing - grant administration - neighborhood
coordination
form". This final plat application is currently scheduled for the July 9, 2012 consent agenda of the City
Commission. The applicant has provided the necessary financial guarantee to guarantee completion of
the remaining subdivision improvements required with this final plat (see attached copy).
Once the Commission has acted on the Final Plat application, please forward the original mylar
plats and documents to the Director of Public Service and have the Director sign the appropriate
certificates on the final plat. Please make sure the Director's signature's are notarized and return all of
the documents to the Planning Office in the Inter-Department routing envelope for their protection.
Based on the applicant having submitted a complete application on June 8, 2012 for final plat
review and approval, and further finding that the application was deemed complete on Wednesday, June
13, 2012, the 45-day (working days) review period for this final plat would expire on August 15,
2012. The conditions of preliminary plat approval, which are pertinent to this phase, and how they have
been met, follows.
1. The Final Plat shall conform to all requirements of the Bozeman Municipal Code and the Uniform
Standards for Final Subdivision Plats and shall be accompanied by all required documents,
including certification from the City Engineer that as-built drawings for public improvements were
received, a platting certificate, and all required and corrected certificates. The Final Plat
application shall include four (4) signed reproducible copies on a 3 mil or heavier stable base
polyester film (or equivalent); two (2) digital copies; one (1) PDF copy; and five (5) paper prints.
The applicant is advised that unmet code provisions, or code provisions that are not 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.
All required documents to file the final plat have been provided. Attached please find four (4)
mylar final plats, original Platting Certificate, Improvements Agreement, Billboard Sign
Agreement and copies of all applicable documents and exhibits necessary for your review.
2. The applicant shall 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 provisions
listed in the staff report have been satisfactorily addressed, and shall include a digital copy (pdf) of
the entire Final Plat submittal. This narrative shall be in sufficient detail to direct the reviewer to
the appropriate plat, plan, sheet, note, covenant, etc. in the submittal. Water rights or cash-in-lieu
thereof, as calculated by the City Engineer's Office, is due with the final plat of the minor
subdivision.
Said written narrative, exhibits and documents are included in the attached binder and
addresses the conditions of preliminary plat approval provided as by the applicant.
3. Prior to Final Plat approval the applicant shall execute an agreement with the City to guarantee
removal of the existing billboard sign prior to October 1, 2012.
Said Billboard Agreement is attached.
4. Any waivers for area Special Improvement Districts or infrastructure paybacks identified by the
City Engineer's Office shall be addressed with the final plat application.
The City Engineer's Office has not ident led any related paybacks with this minor subdivision.
5. The "As Built" exhibit provided with the preliminary plat application shall remain on file for
further reference. However, the final plat shall exclude all reference to existing structures,
impervious surfaces, and physical features.
Page 2
Applicant has noted that the "As Builts" will remain on file.
6. Development of Lot 2 will require compliance with the regulatory standards of the Unified
Development Ordinance with any future development of the subject property is it relates to lot
coverage, setbacks, parking, etc.
Applicant acknowledges compliance with the regulatory standards prior to further development.
7. Said request for waivers to the supplemental information under 18.78.060 is granted.
Supplemental information was not required with the preliminary plat or this final plat
application.
Engineering Department Recommended Conditions:
8. Prior to Final Plat approval, the existing buildings on the respective lots shall connect to municipal
water and provide water impact fees commensurate with the respect service sizes.
The City Engineer's Office and Planning Department have granted the applicant until August
15, 2012 to connect to municipal water and pay the applicable water impact fees with hookup.
Completion of the infrastructure by July 15, 2012 was originally addressed with the applicant
executing an Improvements Agreement and providing the necessary financial guarantee. The
City Engineer's Office and Planning Department have granted an additional month to connect
to water services until August 15, 2012 finding that the financial guarantee is valid until
November 30, 2012.
9. Existing well(s) on the property shall be disconnected for potable use, but may be used for site
irrigation.
Applicant acknowledges this condition and the City Engineer's Office and Superintendent of
Water and Sewer will confirm this once water services have been extended to the two existing
structures.
10. A utility occupancy permit shall be obtained from the Montana Department of Transportation
(MDT) prior to beginning work necessary in State right-of-way to connect to the public water main
in East Frontage Road. The approved permit shall be provided prior to Final Plat approval.
A copy of the utility occupancy permit is included with the final plat application.
H. Prior to Final Plat approval, documentation shall be provided indicating MDT approval of the
existing accesses onto East Frontage Road.
Copies of the approved approach permits are included with the final plat application.
12. All easements shall be adequately identified on the final plat with existing and proposed easements
labeled accordingly.
The City Engineer's Office has reviewed the final plat application and determined on June 18,
2012 that all applicable information required under this condition is provided.
13. A stormwater easement shall be provided for storm water runoff leaving a lot and entering another.
The final plat provides a notation that allows strum water runoff from Lot 2 to flow across Lot
land will be further addressed with any future development of the subject lots.
I4. If the existing well will serve an irrigation system common to both lots an irrigation easement shall
be provided.
Page 3
The applicant does determined in their attached written narrative that the existing well will not
provide irrigation for the second lot.
D Sldps
Attachments: Four(4)Mylar Final Plats and One(1)Blackline Copy
Applicant's Written Narrative and Binder
Original Platting Certificate
Original Improvements Agreement
Original Billboard Sign Agreement
Copy of Financial Guarantee
Copy of Findings of Fact and Order
cc: Debbie Arkell, Director of Public Service (with copy of plat and memo from Andy Kerr)
Stacy Ulmen, Clerk of Commission (with copy of plat)
Michael Huempfner, 525 Jack Leg Lane,Bozeman,MT 59715
Madison Engineering, 895 Technology Blvd., Suite 203,Bozeman,MT 59715
Planning File No.P-12007
Page 4
CITY OF BOZEMAN
DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPM
Alfred M. Sti ff Professional Building phone 406-582-2260
20 East Olive Street fax 406-582-2263
P.O.Box 1230 planning @bozeman.net
Bozeman,Montana 59771-1230 www.bozeman.net
MEMORANDUM
TO: BRAIN HEASTON, PROJECT ENGINEER
ANDY KERB, CITY ENGINEER'S OFFICE
FROM DAVE SKELTON, SENIOR PLANNERy
RE: HUEMPFNER TWO-LOT MINOR SUBDIVISION FINAL PLAT
PRELIMINARY PLAT #P-12007
DATE: JUNE 14, 2012
Attached please find the final plat for the Huempfner Two Lot Minor Subdivision generally Iocated
along the south side of Highway 20/East Frontage Road.
Brian, please review the final plat application against the attached conditions of preliminary plat
approval,which includes the applicant's response to said conditions; and advise me of your findings.
Andy,please check the final plat for closure and any other related survey items you find applicable.
Thank you for your assistance with this review.
D S/dps
Attachments GS O/L
ao5�
G
conununiiy planning zoning subdivision review annexation historic preservation neighborhood planning urban design GIs
l CITY OF BOZEMAN
rl `" DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPM
Alfred M. Stiff Professional Building phone 406-582-2260
a 20 East Olive Street fax 406-582-2263
P.O.Box 1230 planning @bozeman.net
Bozeman,Montana 59771-1230 www.bozernan.net
MEMORANDUM
TO. BRAIN HEASTON, PROJECT ENGINEER
ANDY KERR, CITY ENGINEER'S OFFICE
r
FROM: DAVE SKELTON, SENIOR PLANNER
RE: HUEMPFNER TWO-LOT MINOR SUBDIVISION FINAL PLAT
PRELIMINARY PLAT#P-12007
DATE: JUNE 14, 2012
Attached please find the final plat for the Huempfner Two Lot Minor Subdivision generally located
along the south side of Highway 20/East Frontage Road.
Brian, please review the final plat application against the attached conditions of preliminary plat
approval, which includes the applicant's response to said conditions, and advise me of your findings.
Andy,please check the final plat for closure and any other related survey items you find applicable.
Thank you for your assistance with this review.
DS/dps
Attachments
community planning zoning subdivision review annexation historic preservation neighborhood planning urban design GIs
Order No.: 195450 (Huempfner)
Premium: $N1C
ENDORSEMENT
Attached to Guarantee No. 7208926-84651488
Issued by
CHICAGO TITLE INSURANCE COMPANY
Effective Date: April 17, 2012 at 8.00 AM
The Company hereby assures the Assured that there are no matters shown by the public
records which affect the estate or interest described in Schedule A, other than those
shown in Schedule B, except:
1. Taxes for the second half of the year 2011 and subsequent years. Taxes for the first half
of the year 2011 are paid. Taxes for the second half of the year 2011 are due and payable
and will be delinquent if not paid on or before May 31, 2012. Taxes for the year 2012 are
a lien not yet due or payable.
2. Special assessments levied by the City of Bozeman for 2011-2012 under Account No.
37410:.
First Half:
Special Improvement District No. 656 Water Main Ext.
District No. 8000 Street Maintenance.
District No. 8001 Tree Maintenance,
First Half Installment is paid.
Second Half:
Special Improvement District No. 656 Water Main Ext.
District No. 8000 Street Maintenance.
District No. 8001 Tree Maintenance.
Second Half Installment is due and will be delinquent if not paid on or before May 31,
2012.
Please Note: Special Improvement Districts are included on this property. Please
contact the City Office for exact payoff amounts.
(continued)
Date Down Endorsement
(Modified Form No.9805)
The effective date of the Guarantee is hereby extended to the date shown herein, subject
however, to any additional matters shown above.
The total liability of the Company under said Guarantee and under this endorsement
thereto shall not exceed, in the aggregate, the amount stated in said Guarantee. This
endorsement is made a part of said Guarantee and is subject to the exclusions from
coverage, the limits of liability, and the other provisions of the Conditions and
Stipulations therein, except as modified by the provisions hereof.
CHICAGO TITLE INSURANCE COMPANY
r
By: -
Authorized Signatory
Date Down Endorsement
(Modified Form No. 9805)