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Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Tim Cooper, Assistant City Attorney
Chris Kukulski, City Manager
SUBJECT: Bozeman Gateway Subdivision PUD, Phase 2, Final Plat
MEETING DATE: October 1, 2007
BACKGROUND: This is a request for approval of a Subdivision Final Plat to subdivide approximately 17 acres
into 23 commercial lots, common areas and open space on property located adjacent to U.S Highway 191/Huffine
Lane at the intersection of Fowler Avenue. At the December 5, 2005 public hearing, the City Commission voted
to approve the Bozeman Gateway Subdivision PUD Preliminary Plat with thirty-nine (39) subdivision conditions
and subject to all applicable subdivision code provisions. The applicant has applied for final plat approval for
Phase 2 and staff has concluded all terms and conditions of preliminary plat approval have been met.
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 the 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 subdivide have been paid.
The County Treasurer has certified that the taxes and special assessments have been paid. Attached is a
memorandum from Dave Skelton, Senior Planner, delineating how the conditions of preliminary plat approval
have been satisfied.
RECOMMENDATION: Upon the Director of Public Service’s review and concurrence, the City Commission
approves the Final Plat of Bozeman Gateway Subdivision PUD Phase 2, and authorizes the Director of Public
Service to execute the same on behalf of the City of Bozeman.
FISCAL EFFECTS: Fiscal impacts are undetermined at this time, but will include increased property tax
revenues from new development, along with increased costs to deliver municipal services to the property.
ALTERNATIVES: As suggested by the City Commission
Respectfully submitted,
_________________________________ ____________________________
Tim Cooper, Assistant City Attorney Chris Kukulski, City Manager
Attachments: Review Memo to Tim Cooper, dated September 25, 2007.
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planning • zoning • subdivision review • annexation • historic preservation • housing • grant administration • neighborhood coordination
CITY OF BOZEMAN
DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPM
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
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TO: TIM COOPER, CITY ATTORNEY’S OFFICE
FROM: DAVE SKELTON, SENIOR PLANNER
RE: FINAL PLAT REVIEW AND APPROVAL
BOZEMAN GATEWAY SUBDIVISION P.U.D. PHASE TWO
PLANNING FILE NO. P-07035
DATE: SEPTEMBER 7, 2007
(UPDATED SEPTERMBER 17, 2007)
(UPDATED SEPTEMBER 25, 2007)
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Morrison Maierle, Inc., on behalf of Mitchell Development Group, LLC, has made application
to the Planning Office for Final Plat review and approval for Bozeman Gateway Subdivision P.U.D.,
Phase Two, being a mixed-use major subdivision to create sixty (60) mixed-use commercial lots located at
the southeast corner of the intersection of US Highway 191/Huffine Land and South Fowler Avenue.
On Monday, December 5, 2005, the City Commission granted preliminary plat approval to
subdivide 72.22± acres and create Bozeman Gateway Subdivision P.U.D. subject to thirty-nine (39)
conditions (Planning Application No.P-05049). The Commission approved the Findings of Fact and Order
on September 9, 2006, and a draft copy is attached to this memorandum for your review.
The developer has applied for final plat review and approval of Phase Two, electing to financially
guarantee the following subdivision improvements for said phase: a) boulevard sidewalks, and b) boulevard
landscape and irrigation, and the following improvements for this phase with Phase Three (already plated
and filed): a) street crosswalks, b) street lighting, c) street signs, and South 29th boulevards, irrigation and
sidewalks . This phase of the major subdivision does not fall into the realm of concurrent construction in
accordance with Section 18.74.030.D of the Bozeman Unified Development Ordinance. The applicant
will provide Staff with the applicable financial guarantee for the outstanding subdivision
improvements prior to any action by the City Commission on the matter.
A “No Build” Restriction is not necessary with this final plat application. All street and municipal
infrastructure improvements with exception to crosswalks, street lights, street signs and street boulevards
have been installed. Based on the summary review provided below, the City Engineer’s Office and Planning
Department have reviewed the final plat application against the conditions of preliminary plat approval; and
as a result, find that final plat approval should be granted once the following condition of approval has been
addressed; 1) provide the applicable financial guarantee to guarantee completion of subdivision
improvements.
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Enclosed, please find four (4) original mylars of the Final Plat, original Platting Certificate, copy of
Improvements Agreement, applicant’s written response to the conditions of approval, copy of Declaration
of Covenants and Restrictions for the Property Owner’s Association.
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, Release of
Sanitary Restrictions, and Certificate of Completion "as to form". If you find this submittal acceptable
and complete, the applicant respectfully requests that the Final Plat application be scheduled before the
Bozeman City Commission at the earliest possible.
A complete application was received on July 31, 2007, which did not meet the application deadline of
5:00 PM on Wednesday, July 25, 2007 but did meet the 5:00 PM, Wednesday, August 1, 2007 deadline. This
is exclusive of executing an Improvements Agreement submitted to the Planning Office on September 25,
2007 and a financial guarantee that will be submitted to your office prior to action by the City Commission
on said matter. A revised final plat was submitted to the Planning Office on August 22, 2007 and reviewed
by the City Engineer’s Office for closure and applicable survey requirements. Based on the above
information, the 45-day (i.e., working days) review period for this final plat expires on Tuesday,
October 3, 2007.
Once the Commission has acted on the Final Plat application, please forward all of the original mylar plats,
documents, and supplemental information to Debbie Arkell, have her sign the appropriate certificates on
the final plat, and then return all of the documents to the Planning Office.
The conditions of preliminary plat approval, which are pertinent to this phase, and how they have
been met, follow:
Planning Application No. P-07035:
1. The applicant must comply with all provisions of the Bozeman Municipal Code, which are applicable to
this project. The applicant is advised that unmet code provisions, or code provisions that are not
specifically listed, does not, in any way, create a waiver or other relaxation of the lawful requirements of
the Bozeman Municipal Code or state law.
Said final plat shall comply with all provisions of the Bozeman Municipal Code, exclusive of
any relaxations and/or variances granted by the City Commission.
2. Raised concrete medians shall be installed on Fowler Avenue with Phase I of the subdivision.
Said medians do not apply to Phase Two.
3. The private access onto Fowler between Technology Boulevard and Garfield Street shall be right in-
right out only unless a deviation is granted by the City Engineer. This shall be controlled by not
installing a break in the median on Fowler for this access.
Said private access has been reviewed and approved by the City Engineer’s Office.
4. All internal streets shall be privately maintained. The private streets shall be clearly delineated on the
final plat, and the provisions of 18.44.020.2 shall be complied with in regard to funding the maintenance
of the streets.
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All internal streets are within dedicated rights-of-way, but maintained by the property owner’s
association. Said language has been included in the revised protective covenants and
restrictions to address this condition.
5. Several parts of section 13, Completion Time for Site Development, of the preliminary plat submittal
reference “The Applicant or Site Developer”. The Applicant, not the Site Developer must be
responsible for all aspects of the project until such time as all of the infrastructure is in and accepted by
the City. This includes drawing of all building permits.
The applicant is aware of said responsibility, but does not apply to Phase Two.
6. Where a path is being proposed in lieu of standard sidewalk, it must be a minimum of 10’ wide as shown
in the Greater Bozeman Area Transportation Plan, unless a relaxation is granted by the City
Commission.
A 10’ foot wide sidewalk replaces a standard sidewalk along the west side of Fowler Avenue and
south side of US Highway 191 – West Main Street. Said improvement has been financially
guaranteed with the final plat for Phase One.
7. Flow monitoring shall be performed after construction on 50% of the lots within the subdivisions west
side sewer zone as defined in the preliminary plat submittal to determine the remaining downstream
sewer capacity. Any required improvements to the downstream system shall be installed prior to
issuance of any additional building permits on the lots within the west side zone. This requirement shall
be null and void if the Fowler trunk main is installed from Huffine Lane to Cattail Street.
Applicant understands said provision and will coordinate flow monitoring with the City
Engineer’s Office.
8. The covenants shall require the installation of sprinkler systems in all buildings as called for in the water
system hydraulic analysis completed for the project. As an alternative, additional modeling may be
performed to show that adequate fire flows exist without the installation of the sprinkler systems.
The City Engineer’s Office reviewed and approved a revised hydraulic analysis to address said
condition.
9. The water system hydraulic analysis shall be revised to only include existing mains and those that are
proposed with the project.
The City Engineer’s Office has reviewed and approved the revised hydraulic analysis.
10. All stormwater shall first be routed though an approved means of treatment if the Stormtech System is
used in lieu of detention or retention ponds. All stormwater facilities that collect runoff from public or
private streets shall be installed with the infrastructure for each phase of the subdivision.
Storm water treatment system has been reviewed and approved by the City Engineer’s Office.
No storm water facilities are allowed within the designated open space areas unless otherwise
approved by the City Commission.
11. All improvements necessary to provide adequate level of service for the analyzed intersections must be
installed with the project.
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Said improvements have been installed and inspected by the City Engineer’s Office.
12. A one (1) wide “No Access Strip” shall be shown on the plat along the entire lot frontage of Fowler
Avenue, and Huffine Lane.
Said one-foot wide “No Access” strip is noted accordingly on the final plat with Phase Two.
No individual commercial lots have direct frontage onto Fowler Avenue or Huffine Lane/West
Main Street.
13. The sidewalk adjacent to Fowler Avenue shall be 6’ wide.
This condition does not apply to Phase Two. However, the applicant agrees that said sidewalk
will be 6 feet and noted according on the plans and specifications approved by the City
Engineer’s Office.
14. All weather access roads shall be installed to provide access to any sewer manholes that are not located
within paved areas. This shall apply to temporary situations caused by project phasing as well as
permanent ones.
All weather access roads have been reviewed and approved by the City Engineer’s Office.
15. All pedestrian/bike pathways (i.e.., soft trials) proposed with the subdivision will be constructed to a
Type II standard, six feet wide, and the US 191/Huffine Lane/West Main Street pathway constructed to
a Type I asphalt pathway, ten feet wide, unless otherwise approved by the Recreation and Parks
Advisory Board and the Superintendent of Parks and Public Facilities, that all pedestrian/bike pathways
not located in dedicated parkland will be located in a minimum 25-foot wide public access easement,
and noted accordingly on the final plat and in the property owner’s association documents. A typical
cross section of the public trails, both Type I and Type II, shall be included in the landscape guidelines
and will include trail specifications, typical landscape guidelines, and site grading plans for review and
approval prior to final plat approval.
Said trials will be financially guaranteed and will be installed within eighteen (18) months of the
filing of the final plat.
16. That the contractor physically installing said trail improvements shall be required to hold a pre-
construction meeting with the City of Bozeman Parks Department prior to proceeding with installation
of said trail improvements and provide the Planning Office with written approval by the Park and
Recreation Superintendent to proceed with construction of the trail improvements, and that said
provisions and trail specifications be noted accordingly in the property owner’s association documents
for review and approval by the Planning Office
The applicant understands that said pre-construction will occur prior to installation of trails.
17. No sanitary sewer and/or storm water mains will be installed within Open Space #2 and/or Open
Space #6 along the entryway corridor of US 191/West Main Street or any other open space area(s)
designated to satisfy the required open space points for the planned unit development.
Applicant understands said condition.
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18. No underground storm water facilities will be installed within Open Space #2 along the entryway
corridor of US 191/West Main Street or any other open space area(s) designated as such to satisfy the
required open space points for the planned unit development.
The applicant has been allowed to install a storm water facility within Open Space #2 of Phase
One with the understanding that no additional facilities will be installed unless otherwise
approved by the City Commission.
19. The traffic impact analysis submitted for the project shall be approved by City Engineering and the
Montana Department of Transportation. All improvements needed to provide adequate level of service
for the analyzed intersections must be installed with the project.
The City Engineer and M.D.O.T. has approved the traffic impact analysis and applicable
mitigation measures.
20. That the applicant provides documentation prior to final plat approval of the initial phase(s) for The
Bozeman Gateway Subdivision P.U.D. of receiving the applicable access/encroachment permits for
Chronicle Lane onto West College Street.
The City Engineer’s Office has determined that no access/encroachment permits are necessary
with the filing of the final plat.
21. All areas designated for use as “Common Area” owned and maintained by the property owner
association shall not be referred to as lots, but as “Common Areas” and identified according as specific
open space areas on the plat (i.e., Common Area 8, not Lot C8). Common areas are not subdivision lots
and should not be noted as such on the final plat.
Said common areas are noted accordingly on the final plat, if applicable.
22. Lot 10, 11, 12 and 13 shall be described on the final plat as four consecutive subdivision lots with
adjoining side yard boundaries and the frontage of each lot extending to the right-of-way of Fowler
Avenue. The final plat shall also contain a notation on said lots that no structure shall be constructed
over the public access and utility easements.
This condition does not apply to Phase Two.
23. All subdivision lots shall have frontage onto a public street, approved public alley, or public access
easement, unless a relaxation to Section 18.42.030.I “Frontage” of the U.D.O. is granted by the City
Commission.
All lots not fronting onto a public street, public alley or access easement has been granted a
relaxation to the UDO by the City Commission.
24. That water rights, or cash in-lieu thereof, shall be provided and paid for prior to final plat review and
approval for each phase. If the final plat of the subdivision is filed in phases, water rights, or cash in-lieu
thereof will only be required for each phase of the subdivision that is being filed. The applicant shall
provide payment of the calculated cash in-lieu of water rights based on an amount determined by the
Director of Public Service.
Payment of cash in-lieu of water rights in the amount of $16,290.72 for Phase Two has been
paid to the City of Bozeman.
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25. That the applicant modify the protective covenants of the property owner’s association as outlined in
the staff report and that the applicant submit a revised draft of the protective covenants for review and
approval by the Planning Office at least thirty (30) days prior to submitting for final plat approval of the
initial phase of the major subdivision.
Said Declaration, By-Laws, Protective Covenants and Restrictions were recorded with Phase
One.
26. All areas for the purposes of open space, storm water runoff facilities, and other common areas owned
and maintained by the property owner’s association (i.e., off-street parking and open space areas) shall
be identified on the final plat as “common area” and/or “common open space”, and noted accordingly
in the protective covenants of the property owner’s association documents. The Final Plat shall note
the area designated to meet the Common Open Space requirements for The Bozeman Gateway
Subdivision P.U.D. (10.10 acres).
Said areas required with Phase Two are noted accordingly on the final plat. With this phase of
the major subdivision, 1.48 acres of open space is credited towards the required 10.10 acres of
Common Open Space.
27. (Section 18.42.040.H) All subdivisions shall clearly delineate subdivision blocks each containing its own
grouping of lot numbers.
All subdivision blocks in Phase Two contain their own grouping of lot numbers.
28. (18.42.060.A.1) All easements shall be described, dimensioned and shown on the final plat in their true
and correct location.
All easements are noted accordingly on the final plat, including the 25-foot wide public access
easement for said public trail within the open space areas and common areas.
29. (18.42.060.B.1.a and 18.42.060.C.3) Building setbacks and permanent structures shall be coordinated
with all provided utility easements. Utility easements greater than the required building setbacks shall be
noted to that effect and placed on the final plat and/or final plan (i.e., Fowler Avenue and Garfield
Street) and noted accordingly in the protective covenants.
It is understood that any utility easements exceeding the required yard setbacks for structures is
the more restrictive for placement of building or permanent structures.
30. (18.42.080.F) Storm water facilities shall not occupy more than one-third of a required front yard,
including, but not limited to frontage along US 191/West Main Street. All subdivision exhibits that
reference surface water ponding along the West Main entryway corridor (i.e., drainage basins, storm
water runoff facilities, landscape plans, site plans, etc.) shall reflect the same delineation boundary for
said ponds, for review and approval by the Planning Office prior to final plat and final plan approval.
Storm water facilities will not occupy required yards or be included in the calculations for
meeting the required open space areas set forth for the planned unit development.
31. A reciprocal access and parking easement shall be provided for all shared accesses and parking facilities.
The easement shall state that the drive accesses and parking areas are permitted reciprocal use by all of
the lots of the subdivision.
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City staff and the Planning Office have accepted said notation on the final plat as revised by the
applicant.
32. Construction fencing shall be installed along the required stream setbacks to protect water quality and
the adjacent vegetation during construction. Said fencing shall be properly staked and field verified by
the Planning Office prior to final plat approval of the first phase and prior to proceeding with surface
preparation and/or site construction
Said construction fencing has been installed in applicable areas of the subdivision. However,
sections of the Harmon Stream Ditch corridor has been completely destroyed and will need to
be properly reconstructed and properly revegetated.
33. The subdivision shall comply with all approved conditions of the Planned Unit Development and the
subdivision shall comply with the approved Master Plan and Development Manual Guidelines for the
Planned Unit Development.
Each subdivision plat and each individual building project will be evaluated against the
conditions of approval, subdivision Master Plan, and the Development Manual.
34. The recorded covenants shall indicate that the property owner’s association is responsible for the
maintenance of the common open space, wetlands, watercourse setback and trails. Noxious weeds shall
be controlled as directed by the County Weed Control District and in accordance with the Montana
County Noxious Weed Control Act. The property owner’s association shall be responsible for the
continued control of the weeds and fulfillment of the revegetation plan.
The restrictive covenants establish the parameters for maintenance of said common areas.
35. That prior to final plat and final plan approval the applicant shall apply for, and receive approval of, a
zone map amendment for the east 21.8 acres from “BP” (Business Park District) to “B-2” (Community
Business District).
The Commission Zoning Ordinance to amend the City of Bozeman zone map for said zone
map amendment from “BP” to “B-2” was approved on October 9, 2006.
36. The applicant shall obtain and provide the Planning Office with the applicable access permit(s) from the
Montana Department of Transportation for the access onto US 191/West Main Street from Harmon
Street Boulevard and Chronicle Drive and shall comply with all requirements of the permit.
The City Engineer’s Office has determined that the reference to the applicable access permit(s)
for US 191/West Main Street are not necessary.
37. The traffic impact analysis submitted for the project shall be approved by City Engineering and the
Montana Department of Transportation. All improvements needed to provide adequate level of service
for the analyzed intersections must be installed with the project.
The City Engineer’s Office has approved the traffic impact analysis.
38. A minimum 5-foot wide boulevard sidewalk with a 5 ½ foot wide boulevard shall be constructed along
the north side of Garfield Street with a right-of-way of adequate width to be one (1) on the inside edge
of the boulevard sidewalk and noted accordingly on the final plat. A typical right-of-way illustrating the
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boulevard sidewalk in relationship to the right-of-way shall be submitted with the final plat application
for review by the Planning Office.
Said exhibit has been provided and the boulevard sidewalk will be installed.
39. That the applicant submit with the application for Final Plat review and approval of The Bozeman
Gateway Subdivision P.U.D., a written narrative stating how each of the conditions of Preliminary Plat
approval and code provisions outlined in the staff report have been met or satisfactorily addressed.
Attached is the applicant’s written narrative.
DS/dps
Attachments
Applicants Response to Conditions of Preliminary Plat Approval
Four (4) original mylars and original Platting Certificate
Copy of Improvements Agreement
cc: Mitchell Development Group, LLC, PO Box 738, Great Falls, MT 59771-59403.
Morrison Maierle, Inc., PO Box 1113, 901 Technology Blvd., Bozeman, MT 59771
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bstetznerPLOTTED BY:SINCE 1945SURVEYORSENGINEERSPLANNERSSCIENTISTSPO Box 1113, 901 Technology Blvd, Bozeman, MT. 59771 Phone: (406) 587-0721 Fax: (406) 587-1176CLIENT:CHECKED BY:FIELD WORK:DRAWN BY:DATE:SCALE:PROJ #:1/4 SEC. SECTION TOWNSHIP RANGE COUNTYSep/25/2007 - 08:31:07 amDRAWING NAME:E:\FPLAT-PHASE 2.DWGPLOTTED DATE:SHEET OFPRINCIPAL MERIDIAN, MONTANAMITCHELL DEVELOPMENTMMISMRCLB7/10/073638.003NW142S5EGALLATIN11THE BOZEMAN GATEWAY SUBDIVISION P.U.D. PHASE 2PLAT ofA PORTION OF TRACT 2A OF THE AMENDED PLAT OF WEST COLLEGE MINOR SUBDIVISION No. 195A SITUATED IN THE NW1/4 SECTION 14, T2S, R5E, P.M.M., CITY OF BOZEMAN, GALLATIN COUNTY, MONTANA( IN FEET )0505025BASIS OF BEARINGBEARINGS FOR THIS PLAT ARE BASED ON THE EASTERLY PORTION OF THE SOUTH LINE OF TRACT 2A OF AMENDED PLAT OF WEST COLLEGE MINOR SUBDIVISION No. 195A BEING S89°34'27"WOWNERMITCHELL DEVELOPMENT GROUP, LLC, fka MITCHELL DEVELOPMENT & INVESTMENTS, LLC, a Montana Limited Liability CompanyP.O. BOX 738GREAT FALLS, MT 59403PURPOSETO CREATE 23 LOTSI, the undersigned, Craig L. Brown, a registered Professional Land Surveyor, do hereby certify that between August 1, 2006, and February 28, 2007, I surveyed The Bozeman Gateway Subdivision P.U.D. Phase 2 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 in accordance with ARM 24.183.1101(1)(d), monuments which have not been set by the filing date of this instrument due to public improvements construction or weather conditions will be set by September 1, 2007.Dated this _______________ day of _________________________ , 2007.________________________________________________Craig L. Brown, #11371LSMorrison-Maierle, Inc.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:A portion of Tract 2A of the Amended Plat of West College Minor Subdivision No. 195A, situated in the NW1/4 of Section 14, T2S, R5E, P.M.M., City of Bozeman, Gallatin County, Montana, and being further described as follows:Beginning at the intersection of the west right-of-way line of South 29th Avenue and the south right-of-way line of West College Street; thence along said west right-of-way line S00°10'17"E a distance of 1262.44 feet to the south line of said Tract 2A; thence along the south line of said Tract 2A S89°34'27"W a distance of 333.85 feet; thence N00°25'33"W a distance of 34.00 feet; thence N05°23'52"W a distance of 291.21 feet; thence N05°11'51"E a distance of 164.48 feet; thence N09°04'13"E a distance of 60.67 feet; thence N11°48'20"W a distance of 220.83 feet; thence S89°49'43"W a distance of 115.82 feet; thence N71°10'11"W a distance of 586.99 feet to the east right-of-way line of Harmon Stream Boulevard as shown on the plat of The Bozeman Gateway Subdivision P.U.D. Phase 1; thence along said right-of-way line through the following 2 courses: along a non-tangent arc to the left a distance of 178.94 feet, said arc having a radius of 430.00 feet, a central angle of 23°50'35", a chord bearing of N11°58'50"E, and a chord length of 177.65 feet, and N00°03'32"E a distance of 102.34 feet to the south right-of-way line of US Highway 191; thence along said right-of-way line along a non-tangent arc to the left a distance of 601.84 feet, said arc having a radius of 2381.83 feet, a central angle of 14°28'39", a chord bearing of N80°16'54"E, and a chord length of 600.24 feet to the intersection of said right-of-way line and the south right-of-way line of West College Street; thence along said south right-of-way line through the following 3 courses: N89°24'42"E a distance of 269.23 feet, S00°37'01"E a distance of 69.82 feet, and N89°23'30"E a distance of 151.25 feet to the Point of Beginning.Said portion contains 17.24 acres, more of less, and is subject to all existing easements whether of record or apparent on the ground.The above tract of land is to be known and designated as The Bozeman Gateway Subdivision P.U.D. Phase 2, City of Bozeman, Gallatin County, Montana, and the lands included in all streets, avenues, alleys, and parks or public squares shown on said plat are hereby granted and donated to the City of Bozeman for the public use and enjoyment. The undersigned hereby grants unto each and every person, firm, 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 hold forever.CERTIFICATE OF DEDICATION, GRANT OF UTILITY EASEMENTSCERTIFICATE OF SURVEYORDated this __________ day of ______________________________ , A.D., 2007.________________________________________MITCHELL DEVELOPMENT GROUP, LLC, fka MITCHELL DEVELOPMENT & INVESTMENTS,LLC, a Montana Limited Liability CompanyIts: STATE OF ______________________COUNTY OF ______________________This instrument was acknowledged before me on this __________ day of ____________________, A.D. 2007 by Theodore J. Mitchell as Operating Manager of Mitchell Development Group, LLC., fka MITCHELL DEVELOPMENT & INVESTMENTS, LLC, a Montana Limited Liability Company.__________________________________________________Notary Public for the State of __________________Residing at______________________My commission expires ______________________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., 2007, and recorded in Book ______________of Plats on Page ______________, (Document No. _____________________) Records of the Clerk and Recorder, Gallatin County, Montana.__________________________________________Charlotte MillsClerk and Recorder of Gallatin CountyI, 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_______________ , 2007.________________________________________________Kimberly BuchananTreasurer of Gallatin CountyI, Theodore J. Mitchell, and I, James A. Ullman, 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 a condition(s) of approval of The Bozeman Gateway Subdivision P.U.D. have been installed in conformance with the approved plans and specifications.1. Water, sewer, storm drainage, and road surface improvements in Garfield Street and Fowler Avenue rights-of-wayThe following improvements have not been completed, but are subject to an improvements agreement and financial guarantee:1. All water, sewer, storm drainage, sidewalk, trails, signage, landscaping, street lighting, road improvements, medians in South 29th Avenue and Technology Boulevard West rights-of-way, and other improvements required but not listed above.The subdivider hereby warrants against defects in these improvements for a period of one year from this date. 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._____________________________________________________Theodore J. Mitchell DatedMitchell Development Group, LLC,fka MITCHELL DEVELOPMENT & INVESTMENTS,LLC, a Montana Limited Liability Company_____________________________________________________James A. Ullman, #10539 PE DatedMorrison-Maierle, Inc._____________________________________________________Debra H. Arkell DatedDirector of Public ServiceCERTIFICATE OF CLERK & RECORDERCERTIFICATE OF COUNTY TREASURERCERTIFICATE OF COMPLETIONI, Debra H. Arkell, 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., 2007________________________________________________Debra H. ArkellDirector of Public ServiceCERTIFICATE OF DIRECTOR OF PUBLIC SERVICEThe Bozeman Gateway Subdivision P.U.D., Gallatin County, Montana, is within the City of Bozeman, Montana, a first-class municipality, and is 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., 2007.________________________________________________Debra H. ArkellDirector of Public ServiceCERTIFICATE OF EXCLUSION FROM MONTANA DEPARTMENT OF ENVIRONMENTAL QUALITY REVIEWEASEMENTS1. IN ADDITION TO THE EASEMENTS SHOWN, ALL LOTS ADJACENT TO DEDICATED PUBLIC RIGHTS-OF-WAY ARE HEREBY ENCUMBERED BY 10' PUBLIC UTILITY EASEMENTS ALONG ALL LOT LINES ADJACENT TO SAID RIGHTS-OF-WAY2. REFER TO THE DECLARATION OF RESTRICTIONS AND GRANT OF EASEMENTS RECORDED AGAINST THE PROPERTY DESCRIBED HEREIN FOR FURTHER RECIPROCAL ACCESS, UTILITY, AND PARKING EASEMENT RESERVATIONS AND PROVISIONS.3. LOTS ADJOINING FOWLER AVENUE AND U.S. HIGHWAY 191 RIGHTS-OF-WAY ARE SUBJECT TO A 1'-WIDE NO-VEHICULAR-ACCESS EASEMENT. DIRECT VEHICULAR ACCESS FROM SAID LOTS WITHIN THIS SUBDIVISION TO SAID RIGHTS-OF-WAY IS PROHIBITED EXCEPT AT APPROVED LOCATIONS.4. ALL GRAVEL AND ASPHALT TRAILS NOT LOCATED WITHIN OPEN SPACE PARCELS LIE WITHIN 25'-WIDE PUBLIC TRAIL EASEMENTS FOR SAID TRAILS AS CONSTRUCTED.5. WATER AND SEWER EASEMENTS ARE CENTERED OVER MAIN LINES AND FIRE HYDRANT LEADS AS CONSTRUCTED AND EXTEND 15' BEYOND THE ENDS OF SAID LINES. SAID EASEMENTS ARE FOR THE BENEFIT OF THE CITY OF BOZEMAN TO ALLOW MAINTENANCE OF THE WATER AND/OR SEWER FACILITIES THEREIN. EASEMENTS ARE NOT REQUIRED, NOR ARE ANY HEREBY CREATED, FOR LINES THAT SERVICE INDIVIDUAL LOTS OR BUILDINGS.6. STORM DRAIN EASEMENTS ARE CENTERED OVER MAIN LINES AND APPURTENANCES AS CONSTRUCTED. SAID EASEMENTS ARE FOR THE BENEFIT OF THE OWNERS IN ACCORDANCE WITH THE DECLARATION OF RESTRICTIONS AND GRANT OF EASEMENTS TO ALLOW MAINTENANCE OF THE STORM DRAIN SYSTEM.7. THE OWNER HEREBY GRANTS A PERPETUAL, RECIPROCAL AND NON-EXCLUSIVE EASEMENT TO ALL LOT OWNERS FOR USE BY THE LOT OWNERS, THEIR TENANTS, AND THEIR RESPECTIVE TENANTS, EMPLOYEES, CUSTOMERS AND INVITEES FOR ACCESS UPON, OVER AND ACROSS THOSE PORTIONS OF THE SUBDIVISION FROM TIME TO TIME DEVELOPED AND USED AS SHARED WALKWAYS, ROADWAYS, DRIVEWAYS, DRIVE LANES, AND/OR PARKING FACILITIES. SUCH EASEMENT SHALL BE APPURTENANT TO AND RUN WITH THE LAND. 10'-WIDE COMMUNICATION EASEMENTCONDUIT BEING CENTER OF EASEMENTDOCUMENT #2034303, #2035373 & #2115955WEST COLLEGE ST.SOUTH 29th AVENUE (60')B L O C K 3GROSS AREA = 750,776 SqFt 17.235 ACRESRIGHT-OF-WAY AREA = 32,030 SqFt 0.735 ACREOPEN SPACE AREA = 64,385 SqFt 1.478 ACRESLOT AREA = 202,786 SqFt 4.655 ACRESCOMMON AREA = 451,575 SqFt 10.367 ACRESAREA SUMMARYSET REBAR W/ OPC MARKED "MORRISON MAIERLE, INC. 11371LS"FOUND REBAR W/ BPC MARKED "MORRISON MAIERLE, INC. 10062S"FOUND REBAR W/ OPC MARKED "MORRISON MAIERLE, INC. 11371LS"LEGENDNEW EASEMENTEXISTING EASEMENTO.S.OPEN SPACEORANGE PLASTIC CAPOPCFOUND REBAR W/ ALUM CAP MARKED "MT DEPT OF TRANSPORTATION"BLUE PLASTIC CAPBPCALUMINUM CAPACPUBLIC UTILITY EASEMENTPUEΔN89°24'42"E 269.23'S00°37'01"E69.82'N89°23'30"E 151.25'S00°10'17"E 1262.44'S89°34'27"W 333.85'N05°23'52"W 291.21'N05°11'51"E 164.48'N11°48'20"W 220.83'S89°49'43"W 115.82'N71°10'11"W 586.99'ΔN00°03'32"E 102.34'N87°24'22"E 313.27'N73°02'54"E 299.46'N89°22'48"E 123.01'S00°10'17"E 67.77'N89°49'43"E 290.43'N00°10'17"W110.63'N00°10'17"W113.17'N00°10'17"W125.63'N00°10'17"W160.00'N89°49'43"E131.00'N89°49'43"E75.00'95.22'60.05'157.99'20.00'119.07'160.39'10.44'112.57'197.00'75.00'18.43'N89°49'43"E 403.00'S00°10'17"E 139.50'S00°10'17"E 139.50'N00°10'17"W 206.39'99.01'60.00'177.00'114.00'158.00'50.03'52.32'125.01'34.00'237.00'136.38'61.68'82.52'85.86'310.50'79.50'60.00'49.99'34.42'132.55'87.66'94.00'45.50'79.50'60.00'112.39'94.00'197.00'75.00'137.00'N89°49'43"E 334.35'114.75'80.00'139.60'N89°49'43"E 171.92'N89°49'43"E 144.75'80.00'114.75'121.92'S00°10'17"E85.86'S00°10'17"E85.86'S00°10'17"E114.83'S76°26'19"W74.29'81.43'67.14'S00°10'17"E101.69'N89°49'43"E 306.77'165.69'141.08'N00°10'17"W125.83'N00°25'33"W34.00'185.00'114.58'N89°22'48"E 269.13' (R)S00°36'56"E 70.00' (R)N89°49'43"E 311.13'185.00'126.13'N09°04'13"E60.67'OPEN SPACE 664,385 SqFt1.48 ACRESLOT 1410,419 SqFt0.24 ACRESLOT 156,714 SqFt0.15 ACRESCOMMON AREA 320,742 SqFt0.48 ACRESLOT 1616,281 SqFt0.37 ACRESCOMMON AREA 430,279 SqFt0.70 ACRESLOT 1713,540 SqFt0.31 ACRESLOT 1812,314 SqFt0.28 ACRESCOMMON AREA 527,481 SqFt0.63 ACRESLOT 194,500 SqFt0.10 ACRESLOT 205,963 SqFt0.14 ACRESLOT 256,868 SqFt0.16 ACRESLOT 219,852 SqFt0.23 ACRESLOT 2214,392 SqFt0.33 ACRESS89°49'43"W6.00'N02°59'12"E90.54'N05°23'52"W126.87'LOT 4823,203 SqFt0.53 ACRESLOT 4619,489 SqFt0.45 ACRESLOT 4513,108 SqFt0.30 ACRESCOMMON AREA 1292,389 SqFt2.12 ACRESLOT 4715,177 SqFt0.35 ACRESCOMMON AREA 778,547 SqFt1.80 ACRES78,547 SqFt1.80 ACRESCOMMON AREA 865,293 SqFt1.50 ACRES272.00'336.01'S00°10'17"E246.70'S00°10'17"E310.50'29.08'86.74'195.93'391.05'L=21.43'62.0'66.1'N44°50'E15.9'25.0'N82°36'E75.0'COMMON AREA 6136,844 SqFt3.14 ACRESLOT 2411,227 SqFt0.26 ACRESLOT 2319,739 SqFt0.45 ACRESEXISTING 32.5' PUBLIC STREET & UTILITY EASEMENT PER DOC. No. 2127249WEST GARFIELD STREET (34')UNPLATTEDSTATE OF MONTANA10' PUEREMAINDERTRACT 2A OF THE AMENDED PLAT OF WEST COLLEGE MINOR SUBDIVISION No. 195AP.O.B.WUS HIGHWAY 191 (WEST MAIN ST.)HARMON STREAM BLVD (60')TECHNOLOGYBOULEVARDWEST(60')10' OVERHEAD ELECTRICEASEMENT PER 143F 277720' UTILITY EASEMENTPER MINOR SUB. 195B L O C K 610' PUE10' PUE30' WATER &SEWER LINEEASEMENT15'15'EXISTING 30' EASEMENT FORUNDERGROUND IRRIGATION DITCHEASEMENT AND AGREEMENT PERDOC. No. 225257710' PUE10' PUECENTERLINE OF 25'PUBLIC TRAILEASEMENTCENTERLINE OF 25'PUBLIC TRAILEASEMENTCENTERLINE OF 25'PUBLIC TRAILEASEMENTCENTERLINE OF 25'PUBLIC TRAILEASEMENT21