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Home My WebLink About10. Valley West PLAT1 REPORT TO: Honorable Mayor & City Commission FROM: Tim Cooper, Assistant City Attorney Wendy Thomas, Director of Community Development SUBJECT: Authorize the Director of Public Works to approve the Amended Plat of Valley West Phases 3B, 3C, and 3D Subdivision Final Plat, Application P14045 MEETING DATE: November 17, 2014 AGENDA ITEM TYPE: Consent RECOMMENDATION: The City Commission approves the Amended Plat of Valley West Phases 3B, 3C, and 3D Subdivision Final Plat and authorizes the appropriate staff to sign the plat. BACKGROUND: On June 9, 2014, the City Commission approved the preliminary plat 5-0 for the further subdivision of nine multi-household lots of approximately 3.5 acres into sixteen lots for single household attached townhouses and fourteen lots for single household detached dwellings on property in the Valley West Subdivision east of Cottonwood Road between Bembrick Street and West Babcock Street. Staff has concluded that all terms and conditions of the preliminary plat approval have been met. An improvements agreement has been completed for the future installation of required improvements. The appropriate financial guarantee has been received. UNRESOLVED ISSUES: None determined at this time. ALTERNATIVES: 1) Approve the final plat as presented and recommended. 2) Deny the final plat. 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. Attachments: Summary Review Final Plat Report compiled on November 7, 2014 Commission Memorandum 110 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: TIM COOPER, CITY ATTORNEY’S OFFICE FROM: BRIAN KRUEGER, DEVELOPMENT REVIEW MANAGER SUBJECT: FINAL SUBDIVISION PLAT REVIEW AMENDED PLAT OF VALLEY WEST PHASES 3B, 3C AND 3D SUBDIVISION FINAL PLAT APPLICATION P14045 DATE: OCTOBER 17, 2014 Morrison Maierle Inc. on behalf of Valley West Holdings, LLC have submitted an application to the City of Bozeman Department of Community Development for Final Plat review and approval for the Amended Plat of Valley West Phases 3B, 3C, and 3D Subdivision a final plat for the further subdivision of nine multi-household lots of approximately 3.5 acres into sixteen lots for single household attached townhouses and fourteen lots for single household detached dwellings on property in the Valley West Subdivision east of Cottonwood Road between Bembrick Street and West Babcock Street. The City Commission granted preliminary plat approval on June 9, 2014. Attached is a copy of the draft Findings of Fact and Order. An Improvements Agreement is required for this subdivision for the installation of required infrastructure improvements. Based on the summary review provided below the Development Review Committee, the City Engineering’s Department, and 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, original Platting Certificate, and a copy of the Findings of Fact and Order are attached for your review. The platting certificates 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 and Certificate of Completion "as to form". The final City signatures will be obtained once the City Commission has approved the final plat. A complete application was submitted to the Community Development Department on October 9, 2014. Based on the applicant having submitted an complete application on October 9, 2014 for final plat review and approval, the 45-day (working days) review period for this final plat would expire on December 16, 2014. 111 Page 2 The conditions of preliminary plat approval, which are pertinent to this major subdivision, and how they have been met are described in the submittal materials. A subdivision improvements agreement was required for deferred infrastructure improvements. Staff has approved the agreement and the financial guarantee was provided by a letter of credit from a local lending institution. Note: The Community Development Department and Engineering Departments have also reviewed the final plat application against the preliminary plat cited code provisions and found compliance with these code requirements. The Engineering Department has also reviewed and approved the “closure” of the final plat. Attachments: Three (3) Mylar Final Plats Applicant’s Written Narrative and Complete Submittal Original Platting Certificates Copy of signed improvements agreements Copy of Findings of Fact and Order 112 LOT 1A 4980 sq.ft. LOT 1B 4956 sq.ft. LOT 1C 4932 sq.ft. LOT 1D 4909 sq.ft. AMENDED PLAT of LOT 1 of the FINAL PLAT of VALLEY WEST SUBDIVISION PHASE 3B LOT 1 OF VALLEY WEST SUBDIVISION PHASE 3B, SITUATED IN THE NW1/4 OF SECTION 10, TOWNSHIP 2 SOUTH, RANGE 5 EAST, P.M., CITY OF BOZEMAN, GALLATIN COUNTY, MONTANA I, Daniel J. Boers, Montana Professional Land Surveyor License No. 14732LS, do hereby certify that the Amended Plat of Lot 1 of the Final plat of Valley West Subdivision Phase 3B was surveyed under my supervision between ____________ and ______________ and platted the same as shown on the accompanying plat and as described in accordance with the provisions of WKH0RQWDQD6XEGLYLVLRQDQG3ODWWLQJ$FWWKURXJK0&$DQGWKH%R]HPDQ8QLILHG'HYHORSPHQW2UGLQDQFH I further certify that monuments which have not been set by the filing date of this instrument will be set by ____________, due to public improvements construction pursuant to A.R.M. 24.183.1101(1)(d). Dated this___________day of_________________, 2014. ________________________________________________________ Daniel J. Boers, PLS, CFedS MT Reg. #14732LS Morrison-Maierle, Inc.COTTONWOOD ROADHUFFINE LANE VICINITY MAP SCALE: 1"=1/4 MILE PHASE 3A FERGUSON AVEBABCOCK ST.FOWLER LANEDURSTON RD. PROJECT AREA PHASE 2 VICINITY MAP SCALE: 1"=1/4 MILE VALLEY WEST HOLDINGS, LLC. ______________________________________________________________________________________ Thomas Brown, Managing Partner Dated State of ____________________________________ County of ___________________________________ On this ________________ day of ___________________________, 2014, before me, the undersigned Notary Public for the State of _____________________ personally appeared _______________________, known to me to be the Managing Partner of VALLEY WEST HOLDINGS, LLC. and acknowledged to me that said LLC executed the same. Notary Public in and for the State of ___________________ Printed Name _____________________________________ Residing at _______________________________________ My commission expires _____________________________ CERTIFICATE OF COMPLETION OF IMPROVEMENTS I, Thomas Brown, and I, Kevin D. Jacobsen, a registered professional engineer licensed to practice in the state of Montana, hereby certify that the following improvements, required to meet the requirements of chapter 38 of the Bozeman Municipal Code or as conditions of approval of the Amended Plat of Lot 1 of the Final plat of Valley West Subdivision Phase 3B , 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 and Sewer Services 2.Site Grading and Drainage Financially Guaranteed Improvements: 1. Concrete Sidewalks The subdivider hereby warrants against defects in these improvements for a period of two years from the date of acceptance by the City of Bozeman. The subdivider grants possession of all public infrastructure improvements to the City of Bozeman and the City hereby accepts possession of all public infrastructure improvements, subject to the above indicated warranty. ___________________________________________________________________ Thomas Brown, Managing Partner Dated Valley West Holdings, LLC. ___________________________________________________________________ Kevin D. Jacobsen, No. 13897PE Dated Morrison Maierle, Inc. ___________________________________________________________________ Craig Woolard Dated Director of Public Service City of Bozeman, MT I, Craig Woolard, Director of Public Service, City of Bozeman, Montana, do hereby certify that the accompanying plat has been duly examined and has found the same to conform to the law, approve it, and hereby accept the dedication to the City of Bozeman for the public use of any and all lands shown on the plat as being dedicated to such use. Dated this __________ day of ____________________, 2014. ________________________________________ Craig Woolard Director of Public Service City of Bozeman, MT 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 being divided have been paid. Dated this __________ day of ____________________, 2014. ________________________________________ Kimberly Buchanan Treasurer Gallatin County, Montana CERTIFICATE OF COUNTY TREASURER 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 ______________, 2014, and recorded in Book ______ of Plats on page __________, and Document # ____________________, Records of the Clerk and Recorder, Gallatin County, Montana. Dated this __________ day of ____________________, 2014. ________________________________________ Charlotte Mills Clerk and Recorder Gallatin County, Montana CERTIFICATE OF CLERK AND RECORDER Amended plat of Lot 1 of the Final Plat of VALLEY WEST SUBDIVISION PHASE 3B, Gallatin County, Montana, is within the City of Bozeman, Montana, a first class municipality, and with the planning area of the Bozeman growth policy which was adopted pursuant to section 76-1-601 et seq., MCA, and can be provided with adequate storm water drainage and adequate municipal facilities. Therefore under the provisions of Section 76-4-125(2)(d), MCA, this survey is excluded from the requirement for Montana Department of Environmental Quality review. Dated this ________________________ day of _______________________________, 2014 ________________________________ Craig Woolard Director of Public Service City of Bozeman, MT CERTIFICATE OF EXCLUSION FROM MONTANA DEPARTMENT OF ENVIRONMENTAL QUALITY REVIEW CERTIFICATE OF DIRECTOR OF PUBLIC SERVICE CERTIFICATE OF SURVEYOR We, the undersigned mortgagees or encumbrancers 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, parcels or other public areas which are dedicated to the City of Bozeman for the public use and enjoyment. By: ___________________________________Dated: ________________ American Bank of Montana State of ____________________________________ County of ___________________________________ On this ________________ day of ___________________________, 2014, before me, the undersigned Notary Public for the State of _____________________ personally appeared _______________________, known to me to be the ________________ of American Bank of Montana who signed the foregoing instrument and acknowledged to me that said Bank executed the same. Notary Public in and for the State of ___________________ Printed Name _____________________________________ Residing at _______________________________________ My commission expires _____________________________ CONSENT OF MORTGAGEE 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: $WUDFWRIODQGEHLQJ/RWRI9DOOH\:HVW6XEGLYLVLRQ3KDVH%VLWXDWHGLQWKH1:ó6HFWLRQ765(3ULQFLSDO0HULGLDQ City of Bozeman, Gallatin County, Montana, more particularly described as follows: &RPPHQFLQJDWWKHQRUWKZHVWFRUQHURI6HFWLRQWKHQFH6 ´(DGLVWDQFHRIIHHWWRWKHVRXWKZHVWFRUQHURI/RW of Valley West Subdivision Phase 3B, the true Point of Beginning: 7KHQFHDORQJWKHVRXWKOLQHRIVDLG/RW6 ´(DGLVWDQFHRIIHHWWRWKHZHVWULJKWRIZD\OLQHRI$OOH\7KHQFH DORQJVDLGZHVWULJKWRIZD\6 ´:DGLVWDQFHRIIHHW7KHQFH1 ´:DGLVWDQFHRIIHHWWRWKHHDVW OLQHRI2SHQ6SDFH7KHQFHDORQJVDLGHDVWOLQH1 ´(DGLVWDQFHRIIHHWWRWKHWUXH3RLQWRI%HJLQQLQJ Said tract contains 0.45 acres, more or less, and is subject to all existing easements, whether of record or apparent. CERTIFICATE OF DEDICATION BASIS OF BEARING BEARINGS FOR THIS PLAT ARE BASED ON THE EAST LINE OF THE NW1/4 SECTION 9 BEING 6 :$66+2:121&261R SET 5/8" DIAM., 18" LONG REBAR WITH A YELLOW PLASTIC CAP MARKED "MORRISON- MAIERLE, INC. 14732LS" ALUMINUM CAP FOUND A REBAR 5/8" IN DIAM WITH A BLUE PLASTIC CAPE MARKED "MORRISON-MAIERLE, INC." EXISTING EASEMENT LINE6 (2055.75 ' 1 ( 465.43'6 :2660.45'Point of Beginning AREA SUMMARY LOT AREA: 0.45 ac. FOUND U.S. PUBLIC LAND SURVEY SECTION CORNER MOMENT AS DESCRIBED FOUND U.S. PUBLIC LAND SURVEY 1/4 SECTION CORNER MOMENT AS DESCRIBED LOT AREA: 19,777 sq. ft. 113 LOT 1A 4980 sq.ft. LOT 1B 4956 sq.ft. LOT 1C 4932 sq.ft. LOT 1D 4909 sq.ft. CONDITIONS: BUYERS OF PROPERTY SHOULD ENSURE THAT THEY HAVE OBTAINED AND REVIEWED ALL SHEETS OF THE PLAT AND ALL DOCUMENTS RECORDED AND FILED IN CONJUNCTION WITH THE PLAT AND BUYERS OF PROPERTY ARE STRONGLY ENCOURAGED TO CONTACT THE LOCAL PLANNING DEPARTMENT AND BECOME INFORMED OF ANY LIMITATIONS ON THE USE OF THE PROPERTY PRIOR TO CLOSING. THE UNDERSIGNED PROPERTY OWNER ACKNOWLEDGES THAT THERE ARE FEDERAL, STATE, AND LOCAL PLANS, POLICIES, REGULATIONS, AND/OR CONDITIONS OF SUBDIVISION APPROVAL THAT MAY LIMIT THE USE OF THE PROPERTY, INCLUDING THE LOCATION, SIZE, AND USE. CONDITIONS OF APPROVAL SHEET VALLEY WEST HOLDINGS, LLC. ______________________________________________________________________________________ Thomas Brown, Managing Partner Date State of ____________________________________ County of ___________________________________ On this ________________ day of ___________________________, 2014, before me, the undersigned Notary Public for the State of _____________________ personally appeared _______________________, known to me to be the Managing Partner of VALLEY WEST HOLDINGS, LLC. and acknowledged to me that said LLC executed the same. Notary Public in and for the State of ___________________ Printed Name _____________________________________ Residing at _______________________________________ My commission expires _____________________________ 1.PRIVATE UTILITIES SHALL BE LOCATED IN ALLEYS WHERE APPLICABLE. 2.ALL LOTS ARE SUBJECT TO A 10'-WIDE PUBLIC UTILITY EASEMENT ALONG FRONT LOT LINES. 3.LOTS ALONG N. COTTONWOOD ROAD HAVE A 1'-WIDE VEHICULAR NO-ACCESS EASEMENT UNLESS OTHERWISE NOTED. DIRECT ACCESS TO N. COTTONWOOD WILL NOT BE ALLOWED FOR SINGLE FAMILY OR DUPLEX LOTS. 4.DUE TO GROUNDWATER CONDITIONS, BASEMENTS ARE NOT ALLOWED WITHIN THIS DEVELOPMENT. 5.ALL PORTIONS OF THIS SUBDIVISION ARE ZONED R-3. LAND USES SHALL BE ESTABLISHED IN ACCORDANCE WITH THE VALLEY WEST PLANNED UNIT DEVELOPMENT. 6.LOTS 1A, 1B, 1C AND 1D ARE SUBJECT TO A 10' PUBLIC PEDESTRIAN ACCESS EASEMENT. 7.GENERALLY, HOMES ON CORNER LOTS SHALL HAVE THE SAME ORIENTATION AS HOMES ON LOTS ON THE INTERIOR OF THE BLOCK. 8.FRONT SETBACK ENCROACHMENTS ARE ALLOWED AS PROVIDED IN THE PROTECTIVE COVENANTS AND RESTRICTIONS FOR THE VALLEY WEST PLANNED UNIT DEVELOPMENT. 9.UPON THE THIRD ANNIVERSARY OF THE PLAT RECORDATION OF THIS SUBDIVISION, ANY LOT OWNER WHO HAS NOT CONSTRUCTED THEIR REQUIRED SIDEWALK(S) SHALL, WITHOUT FURTHER NOTICE, CONSTRUCT WITHIN 30 DAYS, SAID SIDEWALK FOR THEIR LOT(S), REGARDLESS OF WHETHER OTHER IMPROVEMENTS HAVE BEEN MADE ON THE LOT, OR ENTER INTO AN IMPROVEMENTS AGREEMENT TO FINANCIALLY GUARANTEE THE IMPROVEMENT SPECIAL IMPROVEMENT DISTRICT WAIVERS: WE, THE UNDERSIGNED PROPERTY OWNER(S) OF LOT 1 OF THE AMENDED PLAT OF LOT 1 OF THE FINAL PLAT OF VALLEY WEST SUBDIVISION PHASE 3B HEREBY WAIVE THE RIGHT TO PROTEST THE CREATION OF SPECIAL IMPROVEMENTS DISTRICT (SID) FOR THE FOLLOWING: 1.SIGNALIZATION OF THE INTERSECTION OF FERGUSON AVENUE AND DURSTON ROAD 2.SIGNALIZATION OF THE INTERSECTION OF FERGUSON AVENUE AND COTTONWOOD ROAD 3.SIGNALIZATION OF THE INTERSECTION OF FERGUSON AVENUE AND BABCOCK STREET THIS WAIVER SHALL BE A COVENANT RUNNING WITH THE LAND AND SHALL NOT EXPIRE. IN THE EVENT THAT AN SID IS NOT UTILIZED FOR THE COMPLETION OF THESE IMPROVEMENTS, THE UNDERSIGNED PROPERTY OWNER(S), OR THEIR HEIRS, PERSONAL REPRESENTATIVES, SUCCESSORS OR ASSIGNS AGREE TO PARTICIPATE IN AN ALTERNATE FINANCING METHOD FOR THE COMPLETION OF SAID IMPROVEMENTS ON A FAIR SHARE, PROPORTIONATE BASIS AS DETERMINED BY SQUARE FOOTAGE OF PROPERTY, TAXABLE VALUATION OF THE PROPERTY, TRAFFIC CONTRIBUTION FROM THE SUBDIVISION OR ANY COMBINATION THEREOF. AMENDED PLAT of LOT 1 of the FINAL PLAT of VALLEY WEST SUBDIVISION PHASE 3B LOT 1 OF VALLEY WEST SUBDIVISION PHASE 3B, SITUATED IN THE NW1/4 OF SECTION 10, TOWNSHIP 2 SOUTH, RANGE 5 EAST, P.M., CITY OF BOZEMAN, GALLATIN COUNTY, MONTANA 114 LOT 8A 4984 sq.ft. LOT 8B 4727 sq.ft. LOT 8C 4703 sq.ft. LOT 8D 4679 sq.ft. LOT 9A 4656 sq.ft. LOT 9B 4632 sq.ft. LOT 9C 4608 sq.ft. LOT 9D 4835 sq.ft. LOT 16A 4551 sq.ft. LOT 16B 4551 sq.ft. LOT 16C 4551 sq.ft. LOT 16D 4839 sq.ft. AMENDED PLAT of LOTS 8, 9 & 16 of the CORRECTED PLAT of VALLEY WEST SUBDIVISION PHASE 3C BASIS OF BEARING BEARINGS FOR THIS PLAT ARE BASED ON THE EAST LINE OF THE NW1/4 SECTION 9 BEING 6 :$66+2:121&261R LOTS 8, 9 & 16 OF VALLEY WEST SUBDIVISION PHASE 3C, SITUATED IN THE NW1/4 OF SECTION 10, TOWNSHIP 2 SOUTH, RANGE 5 EAST, P.M., CITY OF BOZEMAN, GALLATIN COUNTY, MONTANA COTTONWOOD ROADHUFFINE LANE VICINITY MAP SCALE: 1"=1/4 MILE PHASE 3A FERGUSON AVEBABCOCK ST.FOWLER LANEDURSTON RD. PHASE 2 VICINITY MAP SCALE: 1"=1/4 MILE PROJECT AREA 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: $WUDFWRIODQGEHLQJ/RWVDQGRIWKHFRUUHFWHGSODWRI9DOOH\:HVW6XEGLYLVLRQ3KDVH&VLWXDWHGLQWKH1:ó6HFWLRQ765(3ULQFLSDO0HULGLDQ&LW\RI Bozeman, Gallatin County, Montana, and being more particularly described as follows: &RPPHQFLQJDWWKHZHVWRQHTXDUWHUFRUQHURI6HFWLRQV WKHQFH1 ´(DGLVWDQFHRIIHHWWRWKHLQWHUVHFWLRQRIWKHQRUWKULJKWRIZD\OLQHRI Cascade Street and east line of Open Space 2, the true Point of Beginning: 7KHQFHDORQJHDVWOLQHRIVDLG2SHQ6SDFH1 ´(DGLVWDQFHRIIHHWWRDSRLQWZKLFKLV6 ´:DGLVWDQFHRIIHHWIURPWKHVRXWKZHVW FRUQHURI/RW9DOOH\:HVW6XEGLYLVLRQ3KDVH&7KHQFH6 ´(DGLVWDQFHRIIHHWWRWKHZHVWULJKWRIZD\OLQHRI$OOH\7KHQFHDORQJVDLGZHVW ULJKWRIZD\6 ´:DGLVWDQFHRIIHHWWRWKHQRUWKULJKWRIZD\OLQHRI&DVFDGH6WUHHW7KHQFHDORQJVDLGQRUWKOLQH1 ´:DGLVWDQFHRI feet to the true Point of Beginning. Said tracts 8 and 9 contain 37,825 sq. ft. or 0.87 acres, more or less, and are subject to all existing easements, whether of record or apparent. $WUDFWRIODQGEHLQJORWRIWKH9DOOH\:HVW6XEGLYLVLRQ3KDVH&FRPPHQFLQJDWWKHQRUWKZHVWFRUQHURI6HFWLRQWKHQFH6 ´(DGLVWDQFHRI feet to the intersection of the south right-of-way line of Waters Street and east line of Open Space 2, the true Point of Beginning: 7KHQFHDORQJVRXWKULJKWRIZD\RI:DWHUV6WUHHW6 ´(DGLVWDQFHRIIHHWWRWKHZHVWULJKWRIZD\OLQHRI$OOH\7KHQFHDORQJVDLGZHVWULJKWRIZD\ 6 ´:DGLVWDQFHRIIHHWWRWKHQRUWKHDVWFRUQHURI/RW9DOOH\:HVW6XEGLYLVLRQ3KDVH&7KHQFHDORQJWKHQRUWKOLQHRIVDLG/RW1 ´: DGLVWDQFHRIIHHWWRWKHHDVWOLQHRI2SHQ6SDFHWRDSRLQWZKLFKLV1 ´(DGLVWDQFHRIIHHWIURPWKHQRUWKZHVWFRUQHURI/RW9DOOH\:HVW 6XEGLYLVLRQ3KDVH&7KHQFHDORQJHDVWOLQHRIVDLG2SHQ6SDFH1 ´(DGLVWDQFHRIIHHWWRWKHWUXH3RLQWRI%HJLQQLQJ Said tract 16 contains 18,491.62 sq. ft. or 0.42 acres, more or less, and is subject to all existing easements, whether of record or apparent. I, Craig Woolard, Director of Public Service, City of Bozeman, Montana, do hereby certify that the accompanying plat has been duly examined and has found the same to conform to the law, approve it, and hereby accept the dedication to the City of Bozeman for the public use of any and all lands shown on the plat as being dedicated to such use. Dated this __________ day of ____________________, 2014. ________________________________________ Craig Woolard Director of Public Service City of Bozeman, MT 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 being divided have been paid. Dated this __________ day of ____________________, 2014. ________________________________________ Kimberly Buchanan Treasurer Gallatin County, Montana CERTIFICATE OF COUNTY TREASURER 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 ______________, 2014, and recorded in Book ______ of Plats on page __________, and Document # ____________________, Records of the Clerk and Recorder, Gallatin County, Montana. Dated this __________ day of ____________________, 2014. ________________________________________ Charlotte Mills Clerk and Recorder Gallatin County, Montana CERTIFICATE OF CLERK AND RECORDER VALLEY WEST SUBDIVISION PHASE 3C, Gallatin County, Montana, is within the City of Bozeman, Montana, a first class municipality, and with the planning area of the Bozeman growth policy which was adopted pursuant to section 76-1-601 et seq., MCA, and can be provided with adequate storm water drainage and adequate municipal facilities. Therefore under the provisions of Section 76-4-125(2)(d), MCA, this survey is excluded from the requirement for Montana Department of Environmental Quality review. Dated this ________________________ day of _______________________________, 2014 ________________________________ Craig Woolard Director of Public Service City of Bozeman, MT CERTIFICATE OF EXCLUSION FROM MONTANA DEPARTMENT OF ENVIRONMENTAL QUALITY REVIEW CERTIFICATE OF DIRECTOR OF PUBLIC SERVICE CERTIFICATE OF SURVEYOR Valley West Holdings, LLC. ______________________________________________________________________________________ Thomas Brown, Managing Partner Dated State of ____________________________________ County of ___________________________________ On this ________________ day of ___________________________, 2014, before me, the undersigned Notary Public for the State of _____________________ personally appeared _______________________, known to me to be the Managing Partner of Valley West Holdings, LLC. and acknowledged to me that said LLC executed the same. Notary Public in and for the State of ___________________ Printed Name _____________________________________ Residing at _______________________________________ My commission expires _____________________________ CERTIFICATE OF DEDICATION 6 ( 1 1 7 8 . 4 8 ' 1 ( 821.5 3'1 (2660.32'Point of Beginning AREA SUMMARY LOT AREA: 1.29 ac. Point of Beginning We, the undersigned mortgagees or encumbrancers 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, parcels or other public areas which are dedicated to the City of Bozeman for the public use and enjoyment. By: ___________________________________Dated: ________________ American Bank of Montana State of ____________________________________ County of ___________________________________ On this ________________ day of ___________________________, 2014, before me, the undersigned Notary Public for the State of _____________________ personally appeared _______________________, known to me to be the ________________ of American Bank of Montana who signed the foregoing instrument and acknowledged to me that said Bank executed the same. Notary Public in and for the State of ___________________ Printed Name _____________________________________ Residing at _______________________________________ My commission expires _____________________________ CONSENT OF MORTGAGEE CERTIFICATE OF COMPLETION OF IMPROVEMENTS I, Tom Brown, and I, Kevin D. Jacobsen, a registered professional engineer licensed to practice in the state of Montana, hereby certify that the following improvements, required to meet the requirements of chapter 38 of the Bozeman Municipal Code or as conditions of approval of the Amended Plat of Lot 1 of the Final plat of Valley West Subdivision Phase 3B , 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 and Sewer Services 2.Site Grading and Drainage Financially Guaranteed Improvements: 1. Concrete Sidewalks The subdivider hereby warrants against defects in these improvements for a period of two years from the date of acceptance by the City of Bozeman. The subdivider grants possession of all public infrastructure improvements to the City of Bozeman and the City hereby accepts possession of all public infrastructure improvements, subject to the above indicated warranty. ___________________________________________________________________ Thomas Brown, Managing Partner Dated Valley West Holdings, LLC. ___________________________________________________________________ Kevin D. Jacobsen, No. 13897PE Dated Morrison Maierle, Inc. ___________________________________________________________________ Craig Woolard Dated Director of Public Service City of Bozeman, MT LOT AREA: 56,316.62 sq. ft. I, Daniel J. Boers, Montana Professional Land Surveyor License No. 14732LS, do hereby certify that the Amended Plat of Lot 1 of the Final plat of Valley West Subdivision Phase 3B was surveyed under my supervision between ____________ and ______________ and platted the same as shown on the accompanying plat and as described in accordance with the provisions of WKH0RQWDQD6XEGLYLVLRQDQG3ODWWLQJ$FWWKURXJK0&$DQGWKH%R]HPDQ8QLILHG'HYHORSPHQW2UGLQDQFH I further certify that monuments which have not been set by the filing date of this instrument will be set by ____________, due to public improvements construction pursuant to A.R.M. 24.183.1101(1)(d). Dated this___________day of_________________, 2014. ________________________________________________________ Daniel J. Boers, PLS, CFedS MT Reg. #14732LS Morrison-Maierle, Inc. SET 5/8" DIAM., 18" LONG REBAR WITH A YELLOW PLASTIC CAP MARKED "MORRISON- MAIERLE, INC. 14732LS" ALUMINUM CAP FOUND A REBAR 5/8" IN DIAM WITH A BLUE PLASTIC CAPE MARKED "MORRISON-MAIERLE, INC." EXISTING EASEMENT LINE FOUND U.S. PUBLIC LAND SURVEY SECTION CORNER MOMENT AS DESCRIBED FOUND U.S. PUBLIC LAND SURVEY 1/4 SECTION CORNER MOMENT AS DESCRIBED 115 LOT 8A 4984 sq.ft. LOT 8B 4727 sq.ft. LOT 8C 4703 sq.ft. LOT 8D 4679 sq.ft. LOT 9A 4656 sq.ft. LOT 9B 4632 sq.ft. LOT 9C 4608 sq.ft. LOT 9D 4835 sq.ft. LOT 16A 4551 sq.ft. LOT 16B 4551 sq.ft. LOT 16C 4551 sq.ft. LOT 16D 4839 sq.ft. AMENDED PLAT of LOTS 8, 9 & 16 of the CORRECTED PLAT of VALLEY WEST SUBDIVISION PHASE 3C LOTS 8, 9 & 16 OF VALLEY WEST SUBDIVISION PHASE 3C, SITUATED IN THE NW1/4 OF SECTION 10, TOWNSHIP 2 SOUTH, RANGE 5 EAST, P.M., CITY OF BOZEMAN, GALLATIN COUNTY, MONTANA CONDITIONS OF APPROVAL SHEET VALLEY WEST HOLDINGS, LLC. ______________________________________________________________________________________ Thomas Brown, Managing Partner Date State of ____________________________________ County of ___________________________________ On this ________________ day of ___________________________, 2014, before me, the undersigned Notary Public for the State of _____________________ personally appeared _______________________, known to me to be the Managing Partner of VALLEY WEST HOLDINGS, LLC. and acknowledged to me that said LLC executed the same. Notary Public in and for the State of ___________________ Printed Name _____________________________________ Residing at _______________________________________ My commission expires _____________________________ CONDITIONS: BUYERS OF PROPERTY SHOULD ENSURE THAT THEY HAVE OBTAINED AND REVIEWED ALL SHEETS OF THE PLAT AND ALL DOCUMENTS RECORDED AND FILED IN CONJUNCTION WITH THE PLAT AND BUYERS OF PROPERTY ARE STRONGLY ENCOURAGED TO CONTACT THE LOCAL PLANNING DEPARTMENT AND BECOME INFORMED OF ANY LIMITATIONS ON THE USE OF THE PROPERTY PRIOR TO CLOSING. THE UNDERSIGNED PROPERTY OWNER ACKNOWLEDGES THAT THERE ARE FEDERAL, STATE, AND LOCAL PLANS, POLICIES, REGULATIONS, AND/OR CONDITIONS OF SUBDIVISION APPROVAL THAT MAY LIMIT THE USE OF THE PROPERTY, INCLUDING THE LOCATION, SIZE, AND USE. 1.PRIVATE UTILITIES SHALL BE LOCATED IN ALLEYS WHERE APPLICABLE. 2.ALL LOTS ARE SUBJECT TO A 10'-WIDE PUBLIC UTILITY EASEMENT ALONG FRONT LOT LINES. 3.LOTS ALONG N. COTTONWOOD ROAD HAVE A 1'-WIDE VEHICULAR NO-ACCESS EASEMENT UNLESS OTHERWISE NOTED. DIRECT ACCESS TO N. COTTONWOOD WILL NOT BE ALLOWED FOR SINGLE FAMILY OR DUPLEX LOTS. 4.5. DUE TO GROUNDWATER CONDITIONS, BASEMENTS ARE NOT ALLOWED WITHIN THIS DEVELOPMENT. 5.ALL PORTIONS OF THIS SUBDIVISION ARE ZONED R-3. LAND USES SHALL BE ESTABLISHED IN ACCORDANCE WITH THE VALLEY WEST PLANNED UNIT DEVELOPMENT. 6.LOTS 8A-8D, 9A-9D, 16A, 16B, 16C AND 16D ARE SUBJECT TO A 10' PUBLIC PEDESTRIAN ACCESS EASEMENT. 7.GENERALLY, HOMES ON CORNER LOTS SHALL HAVE THE SAME ORIENTATION AS HOMES ON LOTS ON THE INTERIOR OF THE BLOCK. 8.FRONT SETBACK ENCROACHMENTS ARE ALLOWED AS PROVIDED IN THE PROTECTIVE COVENANTS AND RESTRICTIONS FOR THE VALLEY WEST PLANNED UNIT DEVELOPMENT. 9.UPON THE THIRD ANNIVERSARY OF THE PLAT RECORDATION OF THIS SUBDIVISION, ANY LOT OWNER WHO HAS NOT CONSTRUCTED THEIR REQUIRED SIDEWALK(S) SHALL, WITHOUT FURTHER NOTICE, CONSTRUCT WITHIN 30 DAYS, SAID SIDEWALK FOR THEIR LOT(S), REGARDLESS OF WHETHER OTHER IMPROVEMENTS HAVE BEEN MADE ON THE LOT, OR ENTER INTO AN IMPROVEMENTS AGREEMENT TO FINANCIALLY GUARANTEE THE IMPROVEMENT SID WAIVERS: WE, THE UNDERSIGNED PROPERTY OWNER(S) OF LOTS 8, 9 AND 16 OF THE AMENDED PLAT OF LOTS 8, 9 & 16 OF THE CORRECTED PLAT OF VALLEY WEST SUBDIVISION PHASE 3C HEREBY WAIVE THE RIGHT TO PROTEST THE CREATION OF SPECIAL IMPROVEMENTS DISTRICT (SID) FOR THE FOLLOWING: 1.SIGNALIZATION OF THE INTERSECTION OF FERGUSON AVENUE AND DURSTON ROAD 2.SIGNALIZATION OF THE INTERSECTION OF FERGUSON AVENUE AND COTTONWOOD ROAD 3.SIGNALIZATION OF THE INTERSECTION OF FERGUSON AVENUE AND BABCOCK STREET THIS WAIVER SHALL BE A COVENANT RUNNING WITH THE LAND AND SHALL NOT EXPIRE. IN THE EVENT THAT AN SID IS NOT UTILIZED FOR THE COMPLETION OF THESE IMPROVEMENTS, THE UNDERSIGNED PROPERTY OWNER(S), OR THEIR HEIRS, PERSONAL REPRESENTATIVES, SUCCESSORS OR ASSIGNS AGREE TO PARTICIPATE IN AN ALTERNATE FINANCING METHOD FOR THE COMPLETION OF SAID IMPROVEMENTS ON A FAIR SHARE, PROPORTIONATE BASIS AS DETERMINED BY SQUARE FOOTAGE OF PROPERTY, TAXABLE VALUATION OF THE PROPERTY, TRAFFIC CONTRIBUTION FROM THE SUBDIVISION OR ANY COMBINATION THEREOF. 116 LOT 22A 6750 sq.ft. LOT 22B 5279 sq.ft. LOT 22C 5279 sq.ft. LOT 23A 5279 sq.ft. LOT 23B 5279 sq.ft. LOT 24A 5279 sq.ft. LOT 24B 5279 sq.ft. LOT 24C 5279 sq.ft. LOT 25A 5279 sq.ft. LOT 25B 5279 sq.ft. LOT 25C 5279 sq.ft. LOT 26A 5279 sq.ft. LOT 26B 5279 sq.ft. LOT 26C 5279 sq.ft. AMENDED PLAT of LOTS 22, 23, 24, 25, & 26 of the PLAT of VALLEY WEST SUBDIVISION PHASE 3D LOTS 22, 23, 24, 25, & 26 OF VALLEY WEST SUBDIVISION PHASE 3D, SITUATED IN THE NW1/4 OF SECTION 10, TOWNSHIP 2 SOUTH, RANGE 5 EAST, P.M., CITY OF BOZEMAN, GALLATIN COUNTY, MONTANA COTTONWOOD ROADHUFFINE LANE VICINITY MAP SCALE: 1"=1/4 MILE PHASE 3A FERGUSON AVEBABCOCK ST.FOWLER LANEDURSTON RD. PHASE 2 VICINITY MAP SCALE: 1"=1/4 MILE PROJECT AREA 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: $WUDFWRIODQGEHLQJ/RWVDQGRI9DOOH\:HVW6XEGLYLVLRQ3KDVH'VLWXDWHGLQWKH1:ó6HFWLRQ76 R5E, Principal Meridian, City of Bozeman, Gallatin County, Montana, and being more particularly described as follows: &RPPHQFLQJDWWKHRQHTXDUWHUFRUQHUEHWZHHQ6HFWLRQV WKHQFH1 ´(DGLVWDQFHRIIHHWWRWKH intersection of the north right-of-way line of Waters Street and east line of Open Space 1, the true Point of Beginning: 7KHQFHDORQJHDVWOLQHRIVDLG2SHQ6SDFH1 ´(DGLVWDQFHRIIHHW7KHQFH6 ´(DGLVWDQFHRI IHHWWRWKHZHVWULJKWRIZD\OLQHRI$OOH\7KHQFHDORQJVDLGZHVWULJKWRIZD\6 ´:DGLVWDQFHRIIHHWWRWKHQRUWK ULJKWRIZD\OLQHRI:DWHUV6WUHHW7KHQFHDORQJVDLGQRUWKOLQH1 ´:DGLVWDQFHRIIHHWWRWKHWUXH3RLQWRI Beginning. Said Lots 22, 23, 24, 25, and 26 contain 70,098 sq. ft. or 1.73 acres, more or less, and are subject to all existing easements, whether of record or apparent on the ground. BASIS OF BEARING BEARINGS FOR THIS PLAT ARE BASED ON THE EAST LINE OF THE NW1/4 SECTION 9 BEING 6 :$66+2:121&261R CERTIFICATE OF SURVEYOR CERTIFICATE OF DEDICATION VALLEY WEST SUBDIVISION PHASE 3D, Gallatin County, Montana, is within the City of Bozeman, Montana, a first class municipality, and with the planning area of the Bozeman growth policy which was adopted pursuant to section 76-1-601 et seq., MCA, and can be provided with adequate storm water drainage and adequate municipal facilities. Therefore under the provisions of Section 76-4-125(2)(d), MCA, this survey is excluded from the requirement for Montana Department of Environmental Quality review. Dated this ________________________ day of _______________________________, 2014 ________________________________ Craig Woolard Director of Public Service City of Bozeman, MT CERTIFICATE OF EXCLUSION FROM MONTANA DEPARTMENT OF ENVIRONMENTAL QUALITY REVIEW Valley West Holdings, LLC. ______________________________________________________________________________________ Thomas Brown, Managing Partner Dated State of ____________________________________ County of ___________________________________ On this ________________ day of ___________________________, 2014, before me, the undersigned Notary Public for the State of _____________________ personally appeared _______________________, known to me to be the Managing Partner of Valley West Holdings, LLC. and acknowledged to me that said LLC executed the same. Notary Public in and for the State of ___________________ Printed Name _____________________________________ Residing at _______________________________________ My commission expires _____________________________ I, Craig Woolard, Director of Public Service, City of Bozeman, Montana, do hereby certify that the accompanying plat has been duly examined and has found the same to conform to the law, approve it, and hereby accept the dedication to the City of Bozeman for the public use of any and all lands shown on the plat as being dedicated to such use. Dated this __________ day of ____________________, 2014. ________________________________________ Craig Woolard Director of Public Service City of Bozeman, MT 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 being divided have been paid. Dated this __________ day of ____________________, 2014. ________________________________________ Kimberly Buchanan Treasurer Gallatin County, Montana CERTIFICATE OF COUNTY TREASURER 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 ______________, 2014, and recorded in Book ______ of Plats on page __________, and Document # ____________________, Records of the Clerk and Recorder, Gallatin County, Montana. Dated this __________ day of ____________________, 2014. ________________________________________ Charlotte Mills Clerk and Recorder Gallatin County, Montana CERTIFICATE OF CLERK AND RECORDER CERTIFICATE OF DIRECTOR OF PUBLIC SERVICE6 (502.08 '6 :1547.88'1 (2660.32'Point of Beginning AREA SUMMARY LOT AREA: 1.73 ac. We, the undersigned mortgagees or encumbrancers 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, parcels or other public areas which are dedicated to the City of Bozeman for the public use and enjoyment. By: ___________________________________Dated: ________________ American Bank of Montana State of ____________________________________ County of ___________________________________ On this ________________ day of ___________________________, 2014, before me, the undersigned Notary Public for the State of _____________________ personally appeared _______________________, known to me to be the ________________ of American Bank of Montana who signed the foregoing instrument and acknowledged to me that said Bank executed the same. Notary Public in and for the State of ___________________ Printed Name _____________________________________ Residing at _______________________________________ My commission expires _____________________________ CONSENT OF MORTGAGEE CERTIFICATE OF COMPLETION OF IMPROVEMENTS I, Tom Brown, and I, Kevin D. Jacobsen, a registered professional engineer licensed to practice in the state of Montana, hereby certify that the following improvements, required to meet the requirements of chapter 38 of the Bozeman Municipal Code or as conditions of approval of the Amended Plat of Lot 1 of the Final plat of Valley West Subdivision Phase 3B , 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 and Sewer Services 2.Site Grading and Drainage Financially Guaranteed Improvements: 1. Concrete Sidewalks The subdivider hereby warrants against defects in these improvements for a period of two years from the date of acceptance by the City of Bozeman. The subdivider grants possession of all public infrastructure improvements to the City of Bozeman and the City hereby accepts possession of all public infrastructure improvements, subject to the above indicated warranty. ___________________________________________________________________ Thomas Brown, Managing Partner Dated Valley West Holdings, LLC. ___________________________________________________________________ Kevin D. Jacobsen, No. 13897PE Dated Morrison Maierle, Inc. ___________________________________________________________________ Craig Woolard Dated Director of Public Service City of Bozeman, MT SET 5/8" DIAM., 18" LONG REBAR WITH A YELLOW PLASTIC CAP MARKED "MORRISON- MAIERLE, INC. 14732LS" ALUMINUM CAP FOUND A REBAR 5/8" IN DIAM WITH A BLUE PLASTIC CAPE MARKED "MORRISON-MAIERLE, INC." EXISTING EASEMENT LINE FOUND U.S. PUBLIC LAND SURVEY SECTION CORNER MOMENT AS DESCRIBED FOUND U.S. PUBLIC LAND SURVEY 1/4 SECTION CORNER MOMENT AS DESCRIBED I, Daniel J. Boers, Montana Professional Land Surveyor License No. 14732LS, do hereby certify that the Amended Plat of Lot 1 of the Final plat of Valley West Subdivision Phase 3B was surveyed under my supervision between ____________ and ______________ and platted the same as shown on the accompanying plat and as described in accordance with the provisions of WKH0RQWDQD6XEGLYLVLRQDQG3ODWWLQJ$FWWKURXJK0&$DQGWKH%R]HPDQ8QLILHG'HYHORSPHQW2UGLQDQFH I further certify that monuments which have not been set by the filing date of this instrument will be set by ____________, due to public improvements construction pursuant to A.R.M. 24.183.1101(1)(d). Dated this___________day of_________________, 2014. ________________________________________________________ Daniel J. Boers, PLS, CFedS MT Reg. #14732LS Morrison-Maierle, Inc. LOT AREA: 70,098 sq. ft. 117 LOT 22A 6750 sq.ft. LOT 22B 5279 sq.ft. LOT 22C 5279 sq.ft. LOT 23A 5279 sq.ft. LOT 23B 5279 sq.ft. LOT 24A 5279 sq.ft. LOT 24B 5279 sq.ft. LOT 24C 5279 sq.ft. LOT 25A 5279 sq.ft. LOT 25B 5279 sq.ft. LOT 25C 5279 sq.ft. LOT 26A 5279 sq.ft. LOT 26B 5279 sq.ft. LOT 26C 5279 sq.ft. CONDITIONS OF APPROVAL SHEET VALLEY WEST HOLDINGS, LLC. ______________________________________________________________________________________ Thomas Brown, Managing Partner Date State of ____________________________________ County of ___________________________________ On this ________________ day of ___________________________, 2014, before me, the undersigned Notary Public for the State of _____________________ personally appeared _______________________, known to me to be the Managing Partner of VALLEY WEST HOLDINGS, LLC. and acknowledged to me that said LLC executed the same. Notary Public in and for the State of ___________________ Printed Name _____________________________________ Residing at _______________________________________ My commission expires _____________________________ CONDITIONS: BUYERS OF PROPERTY SHOULD ENSURE THAT THEY HAVE OBTAINED AND REVIEWED ALL SHEETS OF THE PLAT AND ALL DOCUMENTS RECORDED AND FILED IN CONJUNCTION WITH THE PLAT AND BUYERS OF PROPERTY ARE STRONGLY ENCOURAGED TO CONTACT THE LOCAL PLANNING DEPARTMENT AND BECOME INFORMED OF ANY LIMITATIONS ON THE USE OF THE PROPERTY PRIOR TO CLOSING. THE UNDERSIGNED PROPERTY OWNER ACKNOWLEDGES THAT THERE ARE FEDERAL, STATE, AND LOCAL PLANS, POLICIES, REGULATIONS, AND/OR CONDITIONS OF SUBDIVISION APPROVAL THAT MAY LIMIT THE USE OF THE PROPERTY, INCLUDING THE LOCATION, SIZE, AND USE. 1.PRIVATE UTILITIES SHALL BE LOCATED IN ALLEYS WHERE APPLICABLE. 2.ALL LOTS ARE SUBJECT TO A 10'-WIDE PUBLIC UTILITY EASEMENT ALONG FRONT LOT LINES. 3.LOTS ALONG N. COTTONWOOD ROAD HAVE A 1'-WIDE VEHICULAR NO-ACCESS EASEMENT UNLESS OTHERWISE NOTED. DIRECT ACCESS TO N. COTTONWOOD WILL NOT BE ALLOWED FOR SINGLE FAMILY OR DUPLEX LOTS. 4.5. DUE TO GROUNDWATER CONDITIONS, BASEMENTS ARE NOT ALLOWED WITHIN THIS DEVELOPMENT. 5.ALL PORTIONS OF THIS SUBDIVISION ARE ZONED R-3. LAND USES SHALL BE ESTABLISHED IN ACCORDANCE WITH THE VALLEY WEST PLANNED UNIT DEVELOPMENT. 6.LOTS 22A-22C, 23A, 23B, 24A-24C, 25A-25C AND 26A-26C ARE SUBJECT TO A 10' PUBLIC PEDESTRIAN ACCESS EASEMENT. 7.GENERALLY, HOMES ON CORNER LOTS SHALL HAVE THE SAME ORIENTATION AS HOMES ON LOTS ON THE INTERIOR OF THE BLOCK. 8.FRONT SETBACK ENCROACHMENTS ARE ALLOWED AS PROVIDED IN THE PROTECTIVE COVENANTS AND RESTRICTIONS FOR THE VALLEY WEST PLANNED UNIT DEVELOPMENT. 9.UPON THE THIRD ANNIVERSARY OF THE PLAT RECORDATION OF THIS SUBDIVISION, ANY LOT OWNER WHO HAS NOT CONSTRUCTED THEIR REQUIRED SIDEWALK(S) SHALL, WITHOUT FURTHER NOTICE, CONSTRUCT WITHIN 30 DAYS, SAID SIDEWALK FOR THEIR LOT(S), REGARDLESS OF WHETHER OTHER IMPROVEMENTS HAVE BEEN MADE ON THE LOT, OR ENTER INTO AN IMPROVEMENTS AGREEMENT TO FINANCIALLY GUARANTEE THE IMPROVEMENT. SPECIAL IMPROVEMENT DISTRICT WAIVERS: WE, THE UNDERSIGNED PROPERTY OWNER(S) OF LOTS 22-26 OF THE AMENDED PLAT OF LOTS 22-26 OF THE PLAT OF VALLEY WEST SUBDIVISION PHASE 3D HEREBY WAIVE THE RIGHT TO PROTEST THE CREATION OF SPECIAL IMPROVEMENTS DISTRICT (SID) FOR THE FOLLOWING: 1.SIGNALIZATION OF THE INTERSECTION OF FERGUSON AVENUE AND DURSTON ROAD 2.SIGNALIZATION OF THE INTERSECTION OF FERGUSON AVENUE AND COTTONWOOD ROAD 3.SIGNALIZATION OF THE INTERSECTION OF FERGUSON AVENUE AND BABCOCK STREET THIS WAIVER SHALL BE A COVENANT RUNNING WITH THE LAND AND SHALL NOT EXPIRE. IN THE EVENT THAT AN SID IS NOT UTILIZED FOR THE COMPLETION OF THESE IMPROVEMENTS, THE UNDERSIGNED PROPERTY OWNER(S), OR THEIR HEIRS, PERSONAL REPRESENTATIVES, SUCCESSORS OR ASSIGNS AGREE TO PARTICIPATE IN AN ALTERNATE FINANCING METHOD FOR THE COMPLETION OF SAID IMPROVEMENTS ON A FAIR SHARE, PROPORTIONATE BASIS AS DETERMINED BY SQUARE FOOTAGE OF PROPERTY, TAXABLE VALUATION OF THE PROPERTY, TRAFFIC CONTRIBUTION FROM THE SUBDIVISION OR ANY COMBINATION THEREOF. AMENDED PLAT of LOTS 22, 23, 24, 25, & 26 of the PLAT of VALLEY WEST SUBDIVISION PHASE 3D LOTS 22, 23, 24, 25, & 26 OF VALLEY WEST SUBDIVISION PHASE 3D, SITUATED IN THE NW1/4 OF SECTION 10, TOWNSHIP 2 SOUTH, RANGE 5 EAST, P.M., CITY OF BOZEMAN, GALLATIN COUNTY, MONTANA 118