HomeMy WebLinkAboutApprove Final Plat for Legends at Bridger Creek II, Phase II Major Subdivision, P130351
REPORT TO: Honorable Mayor & City Commission
FROM: Tim Cooper, Assistant City Attorney Wendy Thomas, Director of Community Development
SUBJECT: Approve the Final Plat for the Legends at Bridger Creek II, Phase II Major
Subdivision Application P13035
MEETING DATE: January 27, 2014
AGENDA ITEM TYPE: Consent Agenda Item
RECOMMENDATION: That the City Commission approves the Final Plat for the Legend at Bridger Creek II, Phase II to subdivide 9.39 acres and authorize the Director of Public Service to execute the
same on behalf of the City of Bozeman upon review and approval by the City Attorney’s Office.
BACKGROUND: On June 3, 2013 the City Commission granted preliminary plat approval to
subdivide 9.39 acres and create twenty six residential lots, open spaces, streets and alleys for R-1 (Residential Low Density District) development located southeast of the intersection of Boylan Road
and Northview Street, and due east of the Legends at Bridger Creek II, Phase I Subdivision/
Staff has concluded that all terms and conditions of the preliminary plat approval have been met,
including the provision of an acceptable financial guarantee and improvements agreement. State law
provides that the governing body shall approve the plat only if:
a) The plat conforms to the conditions of approval set forth on the preliminary plat and to the terms
of State subdivision law and the regulations adopted by the Bozeman City Commission; and
b) The County Treasurer has certified that all real property taxes and special assessments assessed and levied on the land to be subdivided have been paid.
Attached is a memorandum from Brian Krueger, Development Review Manager, delineating how the
conditions of preliminary plat approval have been satisfied and recommending approval of the final plat
application for the Legends at Bridger Creek II, Phase II. Said recommendation is contingent on receiving approval by the City Attorney’s Office and Director of Public Service. The County Treasurer
has certified, by signing the mylars, that all real property taxes and special assessments have been paid.
UNRESOLVED ISSUES: None determined at this time.
Commission Memorandum
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ALTERNATIVES: 1) Approve the final plat as presented and recommended.
2) Deny the final plat.
FISCAL EFFECTS: Requirements for parkland dedication as part of this application has been met. City sewer and water connection fees, and applicable impact fees will be collected for the new services when a building permit is issued for each of the residential lots.
Attachments: Community Development Summary Review
Final Plat
Report compiled on January 2, 2014
47
Development Review Division Policy and Planning Division Building Division
CITY OF BOZEMAN
DEPARTMENT OF COMMUNITY DEVELOPMENT
Alfred M. Stiff Professional Building
20 East Olive Street
P.O. Box 1230
Bozeman Montana 59771-1230
phone 406-582-2260
fax 406-582-2263
planning@bozeman.net
www.bozeman.net
MEMORANDUM
------------------------------------------------------------------------------------------------------------------------------ TO: CITY ATTORNEY’S OFFICE
STACY ULMEN, CITY CLERK
FROM: BRIAN KRUEGER, DEVELOPMENT REVIEW MANAGER RE: FINAL PLAT REVIEW AND APPROVAL FOR THE LEGENDS AT BRIDGER CREEK II, PHASE II SUBDIVISION
DATE: JANUARY 2, 2014 ------------------------------------------------------------------------------------------------------------------------------
Morrison Maierle, Inc., has made application to the City of Bozeman Department of
Community Development for Final Plat review and approval for The Legends at Bridger Creek II, Phase II, a twenty six lot subdivision. Said subdivision is located on the east side of Phase I of the Legends at Bridger Creek II Subdivision.
On June 3, 2013 the City Commission granted preliminary plat approval to subdivide 9.39 acres
and create twenty six residential lots, open spaces, streets and alleys for R-1 (Residential Low Density
District) development. 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 August 5, 2013.
The developer has applied for final plat review and approval of the Legends at Bridger Creek II,
Phase II subdivision and includes an Improvements Agreement and financial guarantee for subdivision
related improvements that will not be completed with the filing of the final plat (lot frontage sidewalks). Based on the summary review provided below, the Development Review Committee, City Engineering
Department, and the Department of Community Development have reviewed the application against the
conditions of preliminary plat approval; and as a result, find that the final plat application may be
approved by the City Commission.
Three (3) original mylars of the Final Plat, copy of the Platting Certificate, copy of the Improvements Agreement and financial guarantee, and copy of the Findings of Fact and Order are
attached for your review. The Improvements Agreement, property owner’s association documents and
other applicable documents will be recorded and filed with the final plat at the Clerk and Recorder’s
Office.
The Community Development staff respectfully requests that you prepare a City Attorney’s Certificate using the attached original Platting Certificate; approve the Certificates of Director of Public
Works, Release of Sanitary Restrictions, and Certificate of Completion "as to form".
Once the Commission has acted on the Final Plat application, please forward the original mylar
plats and documents to the Director of Public Works and have the Director sign the appropriate
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certificates on the final plat. Please make sure the Director’s signature’s are notarized and return all of
the documents to the Department of Community Development in the Inter-Department routing envelope for their protection.
An application was submitted to the Department of Community Development on November 1,
2013. Staff reviewed the application and deemed the application unacceptable for continued review on
November 19, 2013. Revised submittal materials were submitted on November 26, 13. One item was
not addressed, and was subsequently submitted on December 31, 2013. Based on the applicant having submitted a complete application on December 31, 2013 for final plat review and approval, and further finding that the application was deemed complete on December 31, 2013, the 45-day (working days)
review period for this final plat would expire on March 5, 2013. The conditions of preliminary plat
approval, which are pertinent to this major subdivision, and how they have been met, follow.
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 three (3) 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 three (3)
mylar final plats, Platting Certificate, and copies of all applicable documents and exhibits necessary for your review including the improvements agreement and copy of the financial guarantee.
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
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.
Said written narrative, exhibits and documents are included in the attached notebooks addressing
the conditions of approval provided by the applicant.
3. The subdivider shall provide the necessary declaration and recitals creating the property owner’s association bylaws and/or declaration of covenants, conditions and restrictions as being part of the
existing Legends at Bridger Creek II property owners association for said major subdivision. Any
cost sharing agreements for maintenance shall be included with the final plat.
The Legends at Bridger Creek II, Phase II proposes to join the existing Legends at Bridger Creek
II property owners association as provided for the in second amendment and supplement to the declaration of covenants and restriction for the Legends at Bridger Creek II Subdivision. No cost sharing agreement is necessary as the owners in Phases I and II will be part of the same property owners association.
4. The final plat shall contain the following notation on its face or in a document to be recorded with
the final plat: “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 responsibility shall include, in addition to the common open space
and trails, all vegetative ground cover, boulevard trees and irrigation systems in the public right-of-
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way boulevard strips along all external perimeter development streets and as 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 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 same 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 association created by the subdivider to maintain all common open space areas within Legends at Bridger Creek, Phase II.”
This language is provided for the in second amendment and supplement to the declaration of
covenants and restriction for the Legends at Bridger Creek II Subdivision to be recorded with the
plat.
5. Documentation of compliance with the parkland dedication requirements of Section 38.27.020, BMC shall be provided with the final plat. A table showing the parkland requirements for the
subdivision and the method of meeting the parkland dedication shall be included on the final plat, or
other recordable document acceptable to the City of Bozeman. This table shall include but not be
limited to listing all dedicated parkland requirements, parkland or parkland credits and areas not credited towards parkland (i.e., detention/retention areas, watercourse setbacks, wetlands, common open space, parking facilities) and the total area of each.
This was provided for in a table on the face of the final plat.
6. The applicant shall provide a minimum of .78 acres of dedicated parkland or equivalent thereof with
the major subdivision. This amount is calculated based on 26 single household residential lots at 0.03 acres per dwelling of dedicated parkland.
This was provided for in a table and calculations provided with the final plat.
7. The applicant recognizes it must meet the parkland requirements of Sect. 38.27.020, BMC. The
applicant also recognizes it seeks to use available parkland credits associated with the dedicated
parkland within Legends at Bridger Creek II, Phase 1 including the dedicated city park known as the “5 acre park” and should therefore participate in the maintenance of such parkland. Therefore, the applicant shall, prior to final plat approval, work with the Legends at Bridger Creek II Association to
arrive at an agreed upon method to ensure the applicant and any future property owner’s association
created for this subdivision (including all its phases) succeeding in interest to the applicant
contribute sufficient consideration to the Legends at Bridger Creek II on an equitable basis for the maintenance and upkeep of existing publicly dedicated parks and publicly accessible open space lands and trails located within the Legends at Bridger Creek II, Phase I. Prior to final plat approval,
the applicant shall provide evidence that an agreed upon method has been established. The
agreement may contain a provision that should the City create a park maintenance district for
maintenance of areas subject to the agreement the agreement may terminate. The property owner’s association documents created for this subdivision shall include provisions describing the agreed upon method of contribution to the Legends at Bridger Creek II Association
and binding property owners to contribute to the maintenance and upkeep of dedicated parks and
publicly accessible open space lands as required by the agreement between the applicant and the
Legends at Bridger Creek II Association. The provisions in the property owner’s association documents fulfilling this condition shall be considered required by the City Commission pursuant to 38.38.030.A.5, BMC.
The Legends at Bridger Creek II, Phase II proposes to join the existing Legends at Bridger Creek
II property owners association as provided for the in second amendment and supplement to the
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declaration of covenants and restriction for the Legends at Bridger Creek II Subdivision. No cost
sharing agreement is necessary as owners in Phases I and II will be part of the same property owners association.
8. The final plat, property owner’s association documents (POA), and park master plan may not
include any reference to “dedicated” open space and Public Park; rather if the areas designated as
such on the preliminary plat are to be common open space owned by the POA or a park owned by
the POA, or a combination thereof the plat, POA documents and park master plan must specifically designate them as common open space owned by the POA, etc. unless the applicant intends to dedicate public parkland within the subdivision.
This language is provided for the in second amendment and supplement to the declaration of
covenants and restriction for the Legends at Bridger Creek II Subdivision to be recorded with the
plat.
9. The definition for “parks” in the homeowner’s association documents shall not include reference to any lands being conveyed to the City of Bozeman or reference to “Public Park”, unless public
parkland is being dedicated with this major subdivision.
This language is provided for the in second amendment and supplement to the declaration of
covenants and restriction for the Legends at Bridger Creek II Subdivision to be recorded with the plat.
10. Document #2278593 filed at the Gallatin County Clerk and Recorder shall be amended to remove
reference to a 15’ rear yard setback for lots 69-71 and 76 through 121 on page 6 section 5.6.
This language is provided for the in second amendment and supplement to the declaration of
covenants and restriction for the Legends at Bridger Creek II Subdivision to be recorded with the plat.
11. The final plat shall provide all necessary utility easements and shall be described, dimensioned and
shown on each subdivision block of the final plat in their true and correct location. Any rear or side
yard utility easements not provided will require written confirmation from ALL utility companies
providing service indicating that rear or side yard easements are not needed.
This was provided on the face of the final plat.
12. The remainder of the Legends at Bridger Creek II, Phase 2 of Tract 2 of Film 12 (page 825) shall be
platted as an undevelopable lot in accordance with Section 38.39.080.B.6 BMC, with the following
language placed on each undevelopable lot of the final plat “Lot development subject to further
subdivision review.” No public improvements shall be required for the undevelopable lot until it is subdivided as a lot which is not subject to this restriction. This language shall be placed on the face of the plat or in a separate executed document to be recorded with the final plat: “NOTICE IS
HEREBY GIVEN to all potential purchasers of Lot R, of the Legends at Bridger Creek II
Subdivision Phase 2, 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 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 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.
THRERFORE, BE ADVISED, that Building Permits will not be issued for Lot R, of the Legends at Bridger Creek II Subdivision Phase 2, City of Bozeman, Gallatin County, Montana until all 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.
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This restriction runs with the land and is revocable only by further subdivision or the written consent
of the City of Bozeman.”
The final plat includes this restriction on the face of the plat on the conditions of approval page.
13. The sidewalks and trails within greenspace corridors shall be installed within public access
easements.
The final plat includes this notation on the face of the plat on the conditions of approval page.
14. Temporary cul-de-sacs shall be provided at the end of any dead end street longer than one lot deep that is created by phasing.
The final plat provides for this on the face of the plat on the conditions of approval page.
15. All rights of way that contain City utilities must be a minimum of 30’ wide, and cannot contain other
utilities.
The final plat complies with this condition.
16. Unless a variance is approved by the Commission, all improvements necessary to provide adequate level of service at the analyzed intersections must be installed or financially guaranteed prior to
filing of the plat. No building permits will be issued for a phase until all improvements required for
the phase are installed and accepted. Approval must be obtained from the Montana Department of
Transportation for all improvements along Bridger Drive.
A variance was approved by the City Commission for the level of service at the Story Mill Road and Bridger Drive intersection.
17. The dedicated turn bays at the intersection of Bridger Drive and Northview Street recommended in
the traffic study for the Legends Phase II preliminary plat must be installed or financially guaranteed
prior to filing of the plat. No building permits will be issued until all improvements are installed and accepted.
Improvements were installed at the intersection of Northview Street and Bridger Drive to improve the intersection to current standards.
18. The open space #10 sidewalk shall be moved away from the property lines in the open space subject
to compliance with ADA and any other applicable laws.
The open space sidewalk was moved away from the property lines in the open space in compliance with the ADA.
52
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10
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10
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100 FP
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PLOTTED DATE:
DRAWING NAME:DATE:
SCALE:
SHEET OFPROJ #:CHECKED BY:
FIELD WORK:
DRAWN BY:
CLIENT:
PRINCIPAL MERIDIAN, MONTANA
1/4 SEC. SECTION TOWNSHIP RANGE
GROSS AREA = (34.08 AC.)
COMMON OPEN SPACE AREA = (2.01 AC.)
RIGHT-OF-WAY AREA = (2.59 AC.)
NET LOT AREA = (4.79 AC.)
REMAINDER LOT R = (24.69 AC.)
AREA SUMMARY
CERTIFICATE OF EXCLUSION FROM MONTANA DEPARTMENT OF
ENVIRONMENTAL QUALITY REVIEW
The Legends at Bridger Creek II Subdivision Phase II, Gallatin County, Montana, is within the City of Bozeman, Montana, a
first-class municipality, and within 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 subdivision is excluded from the requirement for Montana
Department of Environmental Quality review.
Dated this ____________ day of ________________________ A.D., 2013
________________________________________________
Director of Public Service
CERTIFICATE OF DIRECTOR OF PUBLIC SERVICE
Dated this _________________________ day of _________________________, 2013.
Guinness Partners, Inc.
______________________________________
State of _________________________
County of _________________________
This instrument was acknowledged before me on _________________________ by Jim McLeod as Member of Guinness Partners, Inc.
__________________________________________________
(Signature of Notarial Officer)
__________________________________________________
Notary's name - typed, stamped or printed
Notary Public for the State of _________________________
Residing at _________________________
My commission expires: _______________________
We, Guinness Partners, Inc., and I, Matthew E. Ekstrom, a Registered Professional Engineer licensed to practice in the
State of Montana, hereby certify that the following improvements, required to meet the requirements of this title or as
conditions of approval of The Legends at Bridger Creek II Subdivision Phase II, 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
1. Water, Sewer, Storm Sewer, Curb and Gutter, and Asphalt Streets.
FINANCIALLY GUARANTEED IMPROVEMENTS:
1. Sidewalks
The subdivider hereby warrants against defects in these improvements for a period of two year 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.
_____________________________________ _______________________________________________
Jim McLeod Dated Matthew E. Ekstrom Dated
Member, Guinness Partners, Inc. 10853PE
_____________________________________
Director of Public Service Dated
CERTIFICATE OF COMPLETION OF IMPROVEMENTS
I, the undersigned, Daniel J. Boers, Montana Professional Land Surveyor, License No. 14732LS do hereby certify that
between ____________, 2013, and _____________, 2013, I surveyed The Legends at Bridger Creek II Subdivision Phase II
and platted the same as shown on the accompanying plat and described in accordance with the provisions of the Montana
Subdivision and Platting Act, Sections 76-3-101 through 76-3-625, M.C.A., and the Bozeman Municipal Code. I further
certify that, in accordance with ARM 24.183.1101(1)(d), monuments which have not been set due to weather conditions and
public improvements construction by the filing date of this instrument will be set by __________, 2014.
Dated this ___________ day of ________________________, 2013
_______________________________________
Daniel J. Boers, PLS, CFedS
MT Reg. No. 14732LS
Morrison-Maierle, Inc.
CERTIFICATE OF SURVEYOR CERTIFICATE OF COUNTY TREASURER
I, Craig Woolard, Director of Public Service, City of Bozeman, Montana, do hereby certify that the accompanying plat has
been duly examined and have 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 ____________ day of ________________________ A.D., 2013
________________________________________________
Director of Public Service
I, Kimberly Buchanan, Treasurer of Gallatin County, Montana, do hereby certify that the accompanying plat has been duly
examined and that all real property taxes and special assessments assessed and levied on the land to be subdivided have
been paid.
Dated this ____________ day of ________________________ A.D., 2013
________________________________________________
Treasurer of Gallatin County
I, Charlotte Mills, Clerk and Recorder of Gallatin County, Montana, do hereby certify that the foregoing instrument was filed in
my office at ____________ o'clock, (a.m., or p.m.), this ____________ day of ________________________, A.D., 2013, and
recorded in Book ____________, of Plats on Page ____________, (Document No. ____________) Records of the Clerk and
Recorder, Gallatin County, Montana.
____________________________________
Charlotte Mills, Clerk and Recorder
CERTIFICATE OF CLERK AND RECORDER
PURPOSE
TO CREATE 27 LOTS,
3 OPEN SPACES,
AND DEDICATED RIGHTS-OF-WAY
BASIS OF BEARINGS
THE BEARINGS SHOWN HEREON ARE RECORD
BASED ON THE LEGENDS AT BRIDGER CREEK II
SUBDIVISION PHASE I, PLAT J-470
(previous bearings are Grid, based on the Montana
coordinate system NAD83).
We, the undersigned mortgagee or encumbrancer, do hereby join in and consent to the described plat, releasing our
respective liens, claims, or encumbrances as to any portion of said lands now being platted into streets, avenues, parks,
or other public areas which are dedicated to the City of Bozeman for the public use and enjoyment.
CONSENT OF MORTGAGEES
Dated this __________ day of ______________________________ , A.D., 2013.
______________________________________
First Interstate Bank
By:
Its:
STATE OF ______________________
COUNTY OF ______________________
This instrument was acknowledged before me on this __________ day of ____________________,
A.D. 2013 by ________________________________________ as _____________________________________ of
First Interstate Bank.
__________________________________________________
Notary Public for the State of
Residing at
My commission expires
OWNERS
GUINNESS PARTNERS, INC.
VICINITY MAP
NOT TO SCALE
A TRACT OF LAND BEING A PORTION OF THE REMAINDER OF TRACT 2 OF FILM 12, PAGE 825, LESS THE PLAT OF THE
LEGENDS AT BRIDGER CREEK II SUBDIVISION PHASE 1, SITUATED IN SECTION 32, TOWNSHIP 1 SOUTH, RANGE 6 EAST,
PRINCIPAL MERIDIAN, CITY OF BOZEMAN, GALLATIN COUNTY, MONTANA.
THE LEGENDS AT BRIDGER CREEK II SUBDIVISION PHASE II
FINAL PLAT OF
P.O.B.
PHASE II
BRIDGER CREEK
APPROX 100-YR
FLOOD PLAIN
BOUNDARY
THREAD OF BRIDGER CREEK
(4-06-2005)
OLD THREAD OF BRIDGER CREEK
(FM 12, P825)
OLD THREAD OF BRIDGER CREEK
(FM 12, P825)
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 this plat hereunto included, the following described tract of land,
to wit:
A tract of land being a portion of the remainder of Tract 2 of Film 12, Page 825, less the Plat of The Legends at Bridger Creek II
Subdivision Phase 1, situated in Section 32, Township 1 South, Range 6 East, Principal Meridian, City of Bozeman, Gallatin County,
Montana, and being further described as follows:
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Said tract contains 9.39 acres, and is subject to any existing easements, whether recorded or apparent.
The above-described tract of land is to be known and designated as "The Legends at Bridger Creek II Subdivision Phase II", City of
Bozeman, Gallatin County, Montana; 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
accepts no responsibility for maintaining the same. The owners agree that the City has no obligation to maintain the lands included in
all streets, avenues, alleys, and parks or public lands 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 accepts responsibility for maintenance include Boylan Road,
Midfield Street, and the Alley.
The undersigned hereby grants unto each and every person, firm, or corporation, whether public or private, providing or offering
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 shown on
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forever.
We further certify that 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 are shown on the Conditions of Approval sheet or as otherwise stated. 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 that 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.
Legal Description of LOT R (Remainder of Tract 2 of Film 12, Page 825):
A tract of land being the remainder of Tract 2 of Film 12, Page 825, less the Plat of The Legends at Bridger Creek II Subdivision Phase
1, situated in Section 32, Township 1 South, Range 6 East, Principal Meridian, City of Bozeman, Gallatin County, Montana, and being
further described as follows:
Beginning at the northeast corner of The Legends at Bridger Creek II Subdivision Phase 1; thence along a curve to the right for a
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(IRU WKHQFH1
(IRU WKHQFH1
(IRU WKHQFH
1
(IRU WKHQFH1
:IRU WKHQFH1
:IRU WKHQFH1
:IRU WKHQFH
1
(IRU WKHQFH1
(IRU WKHQFH1
(IRU WKHQFH6
(IRU WKHQFH
6
(IRU WKHQFH6
(IRU WKHQFH6
(IRU WKHQFH6
(IRU WKHQFH
6
:IRU WKHQFH6
(IRU WKHQFH6
(IRU WKHQFH1
(IRU WKHQFH
6
(IRU WKHQFH6
(IRU WKHQFH6
(IRU WKHQFH6
(IRU WKHQFH
6
(IRU WKHQFH6
(IRU WKHQFH6
(IRU WKHQFH6
(IRU WKHQFH
6
(IRU WKHQFH6
(IRU WKHQFH6
(IRU WKHQFH6
(IRU WKHQFH
1
(IRU WKHQFH1
(IRU WKHQFH1
(IRU WKHQFH1
(IRU WKHQFH
1
:IRU WKHQFH1
:IRU WKHQFH1
(IRU WKHQFH1
(IRU WKHQFH
1
(IRU WKHQFH1
(IRU WKHQFH6
(IRU WKHQFH6
(IRU WKHQFH
6
(IRU WKHQFH6
(IRU WKHQFH6
(IRU WKHQFH6
(IRU WKHQFH
6
(IRU WKHQFH1
(IRU WKHQFH1
(IRU WKHQFH1
(IRU WKHQFH
1
(IRU WKHQFH1
(IRU WKHQFH1
(IRU WKHQFH1
(IRU WKHQFH
1
(IRU WKHQFH1
(IRU WKHQFH1
(IRU WKHQFH6
(IRU WKHQFH
6
(IRU WKHQFH6
(IRU WKHQFH6
(IRU WKHQFH1
:IRU WKHQFH
1
(IRU WKHQFHDORQJDFXUYHWRWKHOHIWIRUDGLVWDQFHRI IHHW VDLGFXUYHKDYLQJDUDGLXVRIIHHW DGHOWD
DQJOHRI
WKHQFH6
(IRU WKHQFH1
(IRU WKHQFH1
:IRU WKHQFH1
(IRU WKHQFH1
(IRU WKHQFHDORQJDFXUYHWRWKHOHIWIRUDGLVWDQFHRIIHHWVDLGFXUYHKDYLQJD
UDGLXVRIIHHWDGHOWDDQJOHRI
WKHQFH1
:IRUWRWKH3RLQWRI%HJLQQLQJ
The area said Lot being 1,075,662 SqFt or 24.69 Acres, and is subject to any existing easements, whether recorded or apparent.
53
SEWER
LINE
EASEMENT
30.00'100 FP30' WATER AND SEWER AND PIPELINES
EASEMENT AND AGREEMENT
DOCUMENT NO. 2240463
GALLATIN COUNTY, MONTANA
PLOTTED DATE:
DRAWING NAME:DATE:
SCALE:
SHEET OFPROJ #:CHECKED BY:
FIELD WORK:
DRAWN BY:
CLIENT:
PRINCIPAL MERIDIAN, MONTANA
1/4 SEC. SECTION TOWNSHIP RANGE
A TRACT OF LAND BEING A PORTION OF THE REMAINDER OF TRACT 2 OF FILM 12, PAGE 825, LESS THE PLAT OF THE
LEGENDS AT BRIDGER CREEK II SUBDIVISION PHASE 1, SITUATED IN SECTION 32, TOWNSHIP 1 SOUTH, RANGE 6 EAST,
PRINCIPAL MERIDIAN, CITY OF BOZEMAN, GALLATIN COUNTY, MONTANA.
THE LEGENDS AT BRIDGER CREEK II SUBDIVISION PHASE II
FINAL PLAT OF
SURVEY LEGEND
O.S.COMMON OPEN SPACE PARCEL
FOUND REBAR W/ PLASTIC CAP
MARKED "MORRISON MAIERLE, INC.
11371LS"
SET REBAR W/ YELLOW PLASTIC CAP
MARKED "MORRISON-MAIERLE, INC.
14732LS"
RSL RESTRICTED SIZE LOT
FOUND ROLLED STEEL PIN,
5/8" DIAM., WITH PLASTIC CAP,
UNLESS NOTED.
FOUND REBAR W/ ALUM CAP MARKED
"4955S"
FOUND STEEL PIPE APPROX 1"
DIA.
W.C.WITNESS CORNER
FOUND W.C. REBAR W/ ORANGE
PLASTIC CAP MARKED "MORRISON
MAIERLE, INC. 11371LS" 1.00' BEHIND
RIGHT-OF-WAY LINE
P.O.B.
PHASE II
BASIS OF BEARINGS
THE BEARINGS SHOWN HEREON ARE RECORD
BASED ON THE LEGENDS AT BRIDGER CREEK II
SUBDIVISION PHASE I, PLAT J-470
(previous bearings are Grid, based on the Montana
coordinate system NAD83).
PT
PC
PC
PC
PT
PT
PC
PT
FOUND ROLLED STEEL PIN,
5/8" DIAM., NO CAP.
54
100 FP100 FP100 FP100 FP100 FP100 FP100 FP100 FP100 FP100 FP100 FP100 FP100 FP100 FP100 FP100 FP100 FP100 FP100 FP100 FP
10
0
F
P
100 FP
100 FP
100 FP1
0
0
F
P
100 FP100 FP100 FP100 FP100 FP100 FP100 FP100 FP100 FP100 FP100 FP100 FP100 FP100 FP100 FP100 FP100 FP100 FP3/4" O.D.
GALV. IRON PIPE
30' WATER AND SEWER AND PIPELINES
EASEMENT AND AGREEMENT
DOCUMENT NO. 2240463
GALLATIN COUNTY, MONTANA
PLOTTED DATE:
DRAWING NAME:DATE:
SCALE:
SHEET OFPROJ #:CHECKED BY:
FIELD WORK:
DRAWN BY:
CLIENT:
PRINCIPAL MERIDIAN, MONTANA
1/4 SEC. SECTION TOWNSHIP RANGE
A TRACT OF LAND BEING A PORTION OF THE REMAINDER OF TRACT 2 OF FILM 12, PAGE 825, LESS THE PLAT OF THE
LEGENDS AT BRIDGER CREEK II SUBDIVISION PHASE 1, SITUATED IN SECTION 32, TOWNSHIP 1 SOUTH, RANGE 6 EAST,
PRINCIPAL MERIDIAN, CITY OF BOZEMAN, GALLATIN COUNTY, MONTANA.
THE LEGENDS AT BRIDGER CREEK II SUBDIVISION PHASE II
FINAL PLAT OF
SURVEYOR'S NOTES:
1. Warranty Deed Film 12, Page 823-825, filed December 16, 1971, depicts three tracts of land, (the parent parcel being described in
Administratrix's Deed Film 11, Page 881-882) and conveys two tracts of land from Hallie B. Rugheimer to GBR Associates. Tract 2 is
ĚĞƐĐƌŝďĞĚĂƐďŽƵŶĚŽŶƚŚĞŶŽƌƚŚďLJƚŚĞƚŚƌĞĂĚŽĨƌŝĚŐĞƌƌĞĞŬ͕ĂŶƐƚĂƚĞƐ͞dŚĞƚŚƌĞĂĚŽĨƚŚĞƐƚƌĞĂŵŽĨƌŝĚŐĞƌƌĞĞŬŝƐƐĞƚĨŽƌƚŚŽŶƚŚĞ
plat afficed hereto by metes and bounds. Said plat being dated October 28, 1971, signed by Louis V. Tout, Registration No. 2358S, and is
ŵĂĚĞĂƉĂƌƚŽĨƚŚŝƐĚĞƐĐƌŝƉƚŝŽŶďLJƌĞĨĞƌĞŶĐĞ͘͟dŚĞ^ƵƌǀĞLJWůĂƚƐŚŽǁŶŽŶ&ŝůŵϭϮ͕WĂŐĞϴϮϱƐƚĂƚĞƐ͕͞dŚĞĨŽůůŽǁŝŶŐĐŽƵƌƐĞƐĂŶĚĚŝƐƚĂŶĐĞƐ
are given to identify Bridger Creek and for the computation of areas only. They will not be construed, in any way, to be controlling
ĨĂĐƚŽƌƐŝŶƚŚĞďŽƵŶĚĂƌŝĞƐŽĨƚŚĞƉƌŽƉĞƌƚŝĞƐŝŶǀŽůǀĞĚ͘dŚĞƚŚƌĞĂĚŽĨƚŚĞƐƚƌĞĂŵŽĨƌŝĚŐĞƌƌĞĞŬŝƐƚŚĞďŽƵŶĚĂƌLJ͘͟dŚĞŝŶƚĞŶƚĂƉƉĞĂƌƐ
clear.
THREAD OF BRIDGER CREEK
(4-06-2005)
OLD THREAD OF BRIDGER
CREEK
(FM 12, P825)
APPROX 100-YR
FLOOD PLAIN
BOUNDARY
BASIS OF BEARINGS
THE BEARINGS SHOWN HEREON ARE RECORD
BASED ON THE LEGENDS AT BRIDGER CREEK II
SUBDIVISION PHASE I, PLAT J-470
(previous bearings are Grid, based on the Montana
coordinate system NAD83).
MEANDER LINE
(NOT A FIXED BOUNDARY)
MEANDER LINE
(NOT A FIXED BOUNDARY)
W.C.
SURVEY LEGEND
O.S.COMMON OPEN SPACE PARCEL
FOUND REBAR W/ PLASTIC CAP
MARKED "MORRISON MAIERLE, INC.
11371LS"
SET REBAR W/ YELLOW PLASTIC CAP
MARKED "MORRISON-MAIERLE, INC.
14732LS"
RSL RESTRICTED SIZE LOT
FOUND ROLLED STEEL PIN,
5/8" DIAM., WITH PLASTIC CAP,
UNLESS NOTED.
FOUND REBAR W/ ALUM CAP MARKED
"4955S"
FOUND STEEL PIPE APPROX 1"
DIA.
W.C.WITNESS CORNER
FOUND W.C. REBAR W/ ORANGE
PLASTIC CAP MARKED "MORRISON
MAIERLE, INC. 11371LS" 1.00' BEHIND
RIGHT-OF-WAY LINE
FOUND ROLLED STEEL PIN,
5/8" DIAM., NO CAP.
C-E 1/16
S.32
NO CAP
P.O.B.
OLD THREAD OF BRIDGER
CREEK
(FM 12, P 825)
PHASE II
55
TEMPORARY PUBLIC ACCESS
CUL-DE-SAC, RIGHT-OF-WAY EASEMENT
TO BE ABANDONED UPON FILING OF THE
PLAT OF PHASE 3
R=50'
SEWER
LINE
EASEMENT
TEMPORARY PUBLIC ACCESS
CUL-DE-SAC, RIGHT-OF-WAY
EASEMENT TO BE ABANDONED
WITH THIS PLAT
30.00'
GALLATIN COUNTY, MONTANA
PLOTTED DATE:
DRAWING NAME:DATE:
SCALE:
SHEET OFPROJ #:CHECKED BY:
FIELD WORK:
DRAWN BY:
CLIENT:
PRINCIPAL MERIDIAN, MONTANA
1/4 SEC. SECTION TOWNSHIP RANGE
UTILITY EASEMENTS
ALL LOTS ARE SUBJECT TO THE FOLLOWING PUBLIC
UTILITY EASEMENTS:
- 10' ADJACENT TO ALL PUBLIC STREET
RIGHTS-OF-WAY
- 6' ADJACENT TO ALLEYS
- 10' ALONG REAR LOT LINES NOT ADJACENT TO A
STREET OR ALLEY
PURPOSE
TO CREATE 27 LOTS,
3 OPEN SPACES,
AND DEDICATED RIGHTS-OF-WAY
BASIS OF BEARINGS
THE BEARINGS SHOWN HEREON ARE RECORD
BASED ON THE LEGENDS AT BRIDGER CREEK II
SUBDIVISION PHASE I, PLAT J-470
(previous bearings are Grid, based on the Montana
coordinate system NAD83).
DUE TO HIGH GROUND WATER CONDITIONS, FULL OR PARTIAL
BASEMENTS ARE NOT RECOMMENDED OWNERS
GUINNESS PARTNERS, INC.
OPEN SPACE
OPEN SPACE PARCELS SHALL BE OPEN TO PUBLIC ACCESS BUT SHALL BE
OWNED AND MAINTAINED BY THE HOMEOWNERS ASSOCIATION.
REQUIRED MINIMUM ELEVATION
OF FINISHED FLOOR
* ALL ELEVATIONS ARE BASED ON THE CITY OF
BOZEMAN VERTICAL DATUM.
LOT FF
39 4735.75
40 4736.95
41 4737.95
42 4738.65
43 4738.95
44 4739.55
45 4740.35
46 4741.05
47 4741.45
48 4742.35
49 4742.95
50 4743.25
51 4744.15
52 4745.35
60 4737.65
61 4738.75
62 4739.65
63 4740.45
64 4741.45
65 4742.95
66 4743.95
67 4744.75
68 4745.95
69 4747.35
70 4747.05
71 4746.95
A TRACT OF LAND BEING A PORTION OF THE REMAINDER OF TRACT 2 OF FILM 12, PAGE 825, LESS THE PLAT OF THE
LEGENDS AT BRIDGER CREEK II SUBDIVISION PHASE 1, SITUATED IN SECTION 32, TOWNSHIP 1 SOUTH, RANGE 6 EAST,
PRINCIPAL MERIDIAN, CITY OF BOZEMAN, GALLATIN COUNTY, MONTANA.
THE LEGENDS AT BRIDGER CREEK II SUBDIVISION PHASE II
FINAL PLAT OF
FLOOD PLAIN
AS SHOWN ON SHEET 1, SHEET 2, AND SHEET 3, NO LOTS ARE WITHIN THE
CURRENT 100-YEAR FLOOD PLAIN, IT IS RECOMMENDED THAT LOT OWNERS
OBTAIN FLOOD INSURANCE DUE TO PROXIMITY. IT IS ALSO RECOMMENDED
THAT LOT OWNERS CONSIDER CONSTRUCTION OF STRUCTURES ON SUITABLE
FILL AT AN ELEVATION NO LOWER THAN THE BASE FLOOD ELEVATION AND
EXTENDING AT LEAST 15 FEET AT THAT ELEVATION BEYOND THE STRUCTURE IN
ALL DIRECTIONS.
ZONING
CITY OF BOZEMAN R-1
ACCESS EASEMENT
PEDESTRIAN FACILITIES LOCATED WITHIN LOTS
DESIGNATED AS COMMON OPEN SPACE ARE WITHIN
A 10' PUBLIC ACCESS EASEMENT CENTERED ON THE
CONSTRUCTED FACILITIES.
CORNER LOT NOTE:
LOTS 39 AND 52 SHALL BE ORIENTED
FACING MIDFIELD STREET
SIDEWALK NOTE:
UPON THE THIRD ANNIVERSARY OF THE PLAT
RECORDATION FOR THIS PHASE, ANY LOT OWNER
WHO HAS NOT CONSTRUCTED CITY STANDARD
RESIDENTIAL SIDEWALKS FOR THEIR LOT(S) SHALL,
WITHOUT FURTHER NOTICE, CONSTRUCT WITHIN 30
DAYS SAID SIDEWALK REGARDLESS OF WHETHER
OTHER IMPROVEMENTS HAVE BEEN MADE UPON
THE LOT(S).
GROUND WATER
CONDITIONS OF APPROVAL OF THE
1. 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 approval and that all conditions of subdivision application have been satisfied; and that the
information shown is current as of the date of the certification, and that changes to any land-use restrictions or
encumbrances may be made by amendments to covenants, zoning regulations, easements, or other documents as allowed by
law or by local regulations.
2. 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 responsibility shall
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
or 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 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 same time of recording the final plat for each phase to the property owner's
association created by the subdivider to maintain all common open space areas within Legends at Bridger Creek, Phase II.
3. NOTICE IS HEREBY GIVEN to all potential purchasers of Lot R, of the Legends at Bridger Creek II Subdivision Phase 2,
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 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 subject to further subdivision, and no development of this lot shall occur until all on and
off site improvements are competed as required under the Bozeman Municipal Code. THEREFORE, BE ADVISED, that
Building Permits will not be issued for Lot R, of the Legends at Bridger Creek II Subdivision Phase 2, City of Bozeman,
Gallatin County, Montana until all 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.
LAND OWNER'S CERTIFICATION
I, Matt, E. Ekstrom, a registered professional engineer licensed to
practice in the State of Montana, do hereby certify that required
minimum elevation of finished floor, based on the City of Bozeman
vertical datum, for each lot is shown in the table below.
___________________________________ ___________
Matt E. Ekstrom, 10853PE Dated
Morrison-Maierle, Inc.
-ACCESS TO MIDFIELD
STREET ONLY-
-ACCESS TO MIDFIELD
STREET ONLY-
Dated this _________________________ day of _________________________, 2013.
Guinness Partners, Inc.
______________________________________
State of _________________________
County of _________________________
This instrument was acknowledged before me on _________________________ by Jim McLeod as Member of Guinness Partners, Inc.
__________________________________________________
(Signature of Notarial Officer)
__________________________________________________
Notary's name - typed, stamped or printed
Notary Public for the State of _________________________
Residing at _________________________
My commission expires: _______________________
56