HomeMy WebLinkAboutBaxter Square Parkland Dedication_13
Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Heather Davis, Associate Planner Mitch Overton, Parks and Recreation Director
Wendy Thomas, Community Development Director
SUBJECT: Acceptance of Baxter Square Parkland Dedication
MEETING DATE: November 3, 2014
AGENDA ITEM TYPE: Action Item
RECOMMENDATION: The City Commission accepts parkland dedication for the Baxter
Square Phase 1 & 2 Final Plat.
SUGGESTED MOTION: Having reviewed and considered the supporting materials, public
comment, and all the information presented, I hereby move to accept the deeds of Public
Park 1, Public Park 2, dedicated trail corridor, and common open space/Public Access
Easement to meet parkland dedication for Baxter Square Phase 1 and 2, and future phases
as depicted in the submittal materials.
BACKGROUND: In 2003, the Bozeman City Commission approved Baxter Square Planned Unit Development to be developed in four phases with a total of 116 dwelling units. In 2005,
Bozeman City Commission formally adopted the Baxter Square Master Park Plan, satisfying the
Baxter Square Planned Unit Development’s parkland dedication requirement. To formalize the
Baxter Square Master Park Plan, parkland dedication was to occur with the Baxter Square Subdivision Phase 1 and Phase 2 final plat. While the plat reflects the park, dedicated trail
corridor and open space areas, the subject property was never deeded to the city. As a result, the
action before you today to accept park and open space deeds is to reconcile and finalize the
parkland dedication requirement.
The oversight came to staff’s attention is due to the Baxter Square Phase 3 Subdivision Preliminary Plat application received by the Planning Division in August. The application proposes to use the original parkland dedication from the Baxter Square PUD to meet their
parkland requirement. Staff supports the Baxter Square Phase 3 Subdivision preliminary plat
application use of existing parkland once the parkland process is complete.
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Implemented per Section 38.27.020 of the Bozeman Municipal Code, State law requires major subdivision to address mitigation of recreational impacts through dedication of parkland. At time
of subdivision, parkland is required at 0.03 acre per dwelling unit of land. A detailed calculation
of the Baxter Square parkland requirement is found in attachment 2.
The full file of record can be viewed at the Community Development Department at 20 E. Olive Street, Bozeman, MT 59715.
UNRESOLVED ISSUES: None determined at this time.
ALTERNATIVES: 1) Approve the acceptance of parkland dedication as presented and
recommended.
2) Deny the acceptance of parkland dedication. FISCAL EFFECTS: No unusual fiscal effects have been identified.
Attachments: 1. Baxter Square Park
and Open Space Deeds; 2. Baxter
Square Phase 1 and 2 Final Plat
Report compiled on: October 21, 2014
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RETURN RECORDED DEED TO: Bozeman City Clerk PO Box 1231 Bozeman, MT 59771-1231
WARRANTYDEED
FOR VALUE RECEIVED, BAXTER SQUARE PARTNERS, LLC, a Montana limited liability company, with a mailing address of 1627 West Main St., Suite 117, Bozeman, MT 59715-4011, the GRANTOR, does hereby grant, bargain, sell, convey and confirm unto CITY OF BOZEMAN, a Montana municipal
corporation, with a mailing address of P.O. Box 1230, Bozeman, MT 59771, the GRANTEE, the
following described property, in Gallatin County, Montana, to-wit: Public Park 1, Public Park 2, and Dedicated Trail Corridor, BAXTER SQUARE SUBDIVISION
P.U.D. PHASES 1 AND 2, [Plat J-409], City of Bozeman, according to the plat thereof, on file and
of record in the office of the Clerk and Recorder, Gallatin County, Montana, and located in the
Southwest Quarter of Section 35, Township 1 South, Range 5 East of P.M.M..
Subject to Private Road and Public Utility Easements as shown on said plat.
TOGETHER with all the tenements, hereditaments and appurtenances thereto belonging, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof; and also all the estate, right, title, interest, property, possession, claim and demand whatsoever, as well in law as in equity, of the GRANTOR;
TO HAVE AND TO HOLD the said property, with their appurtenances unto the said GRANTEE and its heirs
and assigns forever. And the said GRANTOR does hereby covenant to and with the said GRANTEE that it is the owners in fee simple of said property; that it is free from all encumbrances except rights-of-way,
federal patents and mineral reservations, easements, and building and use restrictions of record, and that
it will forever WARRANT and DEFEND all right, title and interest in and to the said premises and the
quiet and peaceful possession thereof, unto the GRANTEE, its successors and assigns, against all and every person or persons whomsoever lawfully claiming or to claim the same.
Dated this day of , 2014.
BAXTER SQUARE PARTNERS, LLC, a Montana limited liability company
By: __________________________________ Ami M. Russell Sayer, f/k/a Ami Russell Grant, f/k/a Ami Grant Managing Member
STATE OF MONTANA County of Gallatin
This instrument was acknowledged before me on this _____ day of ____________, 2014, before me,
a notary public in and for said State, by Ami M. Russel Sayer, as Managing Member of Baxter Square Partners, LLC.
IN WITNESS WHEREOF, I have hereunto set my hand and seal the date first above written.
______________________________________ Notary Public for the State of Montana ______________________________________
Printed Name
( S E A L ) Residing at:____________________________
My commission expires:__________________
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RETURN RECORDED DEED TO: Bozeman City Clerk PO Box 1231 Bozeman, MT 59771-1231
WARRANTY DEED
FOR VALUE RECEIVED, BAXTER SQUARE OWNERS ASSOCIATION, INC., a Montana Non- Profit Corporation, with a mailing address of 509 West Olive St., Bozeman, MT 59715, the GRANTOR, does hereby grant, bargain, sell, convey and confirm unto CITY OF BOZEMAN, a
Montana municipal corporation, with a mailing address of P.0. Box 1230, Bozeman, MT 59771, the
GRANTEE, the following described property, in Gallatin County, Montana, to-wit: Common Open Space/ Public Access Easement, BAXTER SQUARE SUBDIVISION
P.U.D. PHASES 1 AND 2, [Plat J-409], City of Bozeman, according to the plat thereof,
on file and of record in the office of the Clerk and Recorder, Gallatin County, Montana, and located in the SW 1/4 of Section 35, Township 1 South, Range 5 East of P.M.M..
Subject to a 10 foot wide utility as shown on said plat.
TOGETHER with all the tenements, hereditaments and appurtenances thereto belonging, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof; and also all the estate, right, title, interest, property, possession, claim and demand whatsoever, as well in law
as in equity, of the GRANTOR;
TO HAVE AND TO HOLD the said property, with their appurtenances unto the said GRANTEE and its heirs and assigns forever. And the said GRANTOR does hereby covenant to and with the
said GRANTEE that it is the owners in fee simple of said property; that it is free from all
encumbrances except rights-of-way, federal patents and mineral reservations, easements, and
building and use restrictions of record, and that it will forever WARRANT and DEFEND all right, title and interest in and to the said premises and the quiet and peaceful possession thereof, unto the GRANTEE, its successors and assigns, against all and every person or persons
whomsoever lawfully claiming or to claim the same.
Dated this ________ day of _____________, 2014.
BAXTER SQUARE PARTNERS, LLC, a Montana limited liability company
By: __________________________________ Ami M. Russell Sayer, f/k/a Ami Russell Grant, f/k/a Ami Grant
Managing Member
STATE OF MONTANA County of Gallatin
This instrument was acknowledged before me on this _____ day of ____________, 2014, by
Ami M. Russell Sayer, as Managing Member of Baxter Square Partners, LLC. IN WITNESS WHEREOF, I have hereunto set my hand and seal the date first above written.
______________________________________
Notary Public for the State of Montana ______________________________________ Printed Name
( S E A L ) Residing at:____________________________
My commission expires:__________________
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