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Home My WebLink AboutChapter_12 Subdivision Certificates Title 18 Chapter 12 SUBDIVISION CERTIFICATES Sections: 18.12.010 General 18.12.020 Dedication or Consent 18.12.030 Mortgagee 18.12.040 Park Land 18.12.050 Surveyor 18.12.060 Improvements 18.12.070 Governing Body 18.12.080 Exclusion from MDEQ Review 18.12.090 County Treasurer 18.12.100 Clerk and Recorder 18.12.110 Certification of Use of Exemption Claim 18.12.010 General The certificates listed in 9 18.12.020 through 9 18.12.110 shall be shown on plats and certificates of survey, as appropriate. Other certificates than those shown may be required by the City of Bozeman when deemed appropriate. The proper notary block shall be used. (Ord. 1645 9 1, 2005) 18.12.020 Dedication or Consent All plats of subdivisions must contain a Certificate of Dedication or Certificate of Consent. In the case of corporate ownership, the proper corporation officer(s) must sign, a corporate notary form must be used, and the corporate seal must be affixed. The certificate shall read as follows: A. Certificate of Dedication: XVIII.12 p1 10/2005 ,---,.,---- --.....--.....-.... CERTIFICATE OF DEDICATION (I), (We), the undersigned property owner(s), do hereby certify that (I) (We) have caused to be surveyed subdivided and platted into lots, blocks, streets, and alleys, and other divisions and dedications, as showt by the plat hereunto included, the following described tract of land, to wit: Description (Exterior boundary description of Area Contained in Plat and total acreage) nIe above-described tract of land is to be known and desib'11ated as (name of subdivision), City 0 Bozeman, Gallatin County, Montana; and the lands included in all streets, avenues, alleys, and parks 0 public squares shown on said plat are hereby granted and donated to the City of Bozeman for the public use and enjoyment. Unless specifically listed herein, the lands included in all streets, avenues, alleys, ane parks or public squares dedicated to the public are accepted for public use, but the City accepts ne responsibility for maintaining the same. The owner(s) agree(s) that the City has no obligation to maintait the lands included in all streets, avenues, alleys, and parks or public squares hereby dedicated to public use. The lands included in all streets, avenues, alleys, and parks or public squares dedicated to the public for which the City accepts responsibility for maintenance include (list specific lands). 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 simila ltility or service, the right to the joint use of an easement for the construction, maintenance, repair am em oval of their lines and other facilities in, over, under and across each area designated on this plat a "Utility Easement" to have and to hold forever. DATED this _ day of ,~ (Acknowledged and notarized signatures of all record owners of platted property) B. Certificate of Consent: XVI"~ 12 p2 10/2005 CERTIFICATE OF CONSENT (I), (We), the undersigned property owner(s), do hereby certify that (I) (We) caused to be surveyed subdivided and platted into lots, blocks, streets, and alleys, and other divisions and dedications, as show1 by this plat hereunto included, the following described tract of land, to wit: DeJcription (Exterior Boundary DeJCtiption qfArea Contained in Plat and TotaIAcreaJ!,e) l'he above described tract ofland is to be known and designated as (name of subdivision), City of Bozeman Gallatin County, Montana. rhe 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 simila ltility or service, the right to the joint use of an easement for the constnlction, maintenance, repair an( emoval of their lines and other facilities in, over, under and across each area designated on this plat a "Utility Easement" to have and to hold forever. DATED dus _day of ,~ (Acknowledged and notarized signatures of all record owners of platted property.) (Ord. 1645 9 1, 2005) 18.12.030 Mortgagee In those cases where the area being platted or the plat of subdivision is subject to any liens, mortgages, claims, or other encumbrances by party(ies) or other owner(s), the following certificate shall be required: CONSENT OF MORTGAGEE(S) (I), (We), the undersigned mortgagee(s) or encumbrancer(s), do hereby join in and consent to the describcc plat, releasing (my) (our) respective liens, claims or encumbrances as to any portion of said lands now bcin! platted into streets, avenues, parks or other public areas wluch are dedicated to thc City of Bozeman Eo the public use and enjoyment. DATED this _day of ,~ (Acknowledged and notarized signahlte of all encumbrancers of record.) (Ord. 1645 9 1, 2005) XVIII-12 p3 10/2005 18.12.040 Park Land A. Cash~in~Lieu of Park Land. Where there will be a cash donation in-lieu of park land dedication, plats of subdivision shall show the following certificate: CERTIFICATE ACCEPTING CASH DONATION IN-LIEU-OF LAND DEDICATION In as much as dcdication of park land within the platted area of (Subdivision Namc) would be undesirabl for park and playground purposes, it is hereby ordered by the City Comnlission of the City of Bozeman hat land dedication for park purposes be waived and that cash-in-lieu, in the amount of dollars, be accepted in accordance with the provisions of the Montana Subdivision and Platting Act, ~ 76-3 101 through ~ 76-3-625, MeA, and the Bozeman Unified Development Ordinance. DATED this _day of ,- (Signature) '::ity of Bozeman Director of Public Service B. Off-Site Park Land Dedication. Where park land will be proVided off-site, in accordance with 9 18.50.1 OO.D or E, plats of subdivision shall show the following certificate: CERTIFICATE ACCEPTING OFF-SITE PARKLAND DEDICATION In as much as an alternative to dedication of park land, for park and playground purposes within the platted area of (Subdivision Name), would be desirable, it is hereby ordcred by the City COmnllssion of the City 0 Bozeman that land dedication for park purposes be provided off-site widIland outside of the platted arc" of (Subdivision Name) in accordance with the provisions of the Montana Subdivision and Platting Act, ( 76-3-101 through ~ 76-3-625, MCA, and the Bozeman Umfied Development Ordinance. The off-site pad land dedication will be provided with the following described tract(s) ofland, to wit: DeJmption (Bxterior Boundary DeJCription qf Area Contained in Plat and Total Acreage) DATED tIlls _day of ,- (Signature) City of Bozeman Director of Public Service c. Park Land Dedication to School District 7. Where park land will be provided, in accordance with 9 18.50.1 GO.F, plats of subdivision shall show the following certificate: XVIII-12 p4 10/2005 CERTIFICATE ACCEPTING PARK LAND DEDICATION TO SCHOOL DISTRICT 7 In as much as an alternative to dedication of park land, for park and playground purposes within the platted area of (Subdivision Namc), would be desirable, it is hereby ordered by the City Commission of the City of Bozeman that required land dedication for park purposes be met with land dedicated to School District 7 in accordance with the provisions of the Montana Subdivision and Platting Act, ~ 76- 3-101 et. .req., MCA, and the Bozeman Unified Development Ordinance. If School District 7 chooses to no longer use the land for school buildings and facilities, the ownership of the land shall revert to the City of Bozeman for park purposes and School District 7 shall transfer the land to the City with clear title and in a condition meeting the minimum development standards for parks established in ~ 18.50.080, BMC. The land dedication will be provided with the following described tract(s) ofland, to wit: Omription (Exterior Boundary De.fl'ription of A rea Contained in Plat and TotalAmage) DATED this _day of ,~ (Signature) ~ity of Bozeman Director of Public Service (Signature) I'":hairman, School District 7 Board of Trustees (Ord. 164591,2005) 18.12.050 Surveyor All subdivision plats or certificates of survey shall contain a Certificate of Surveyor which shall read as follows: CERTIFICATE OF SURVEYOR , the undersigned, (Type or Print Namc), Registered Land Surveyor, do hcreby certify that betweel ,~,and , _, I surveyed (Name of Subdivision or Certificate of Survey) pnd platted the same as shown on the accompanying plat (or certificatc of survey) and as described u taccordance with the provisions of the Montana Subdivision and Platting Act, ~ 76-3-101 through ~ 76-3 ~25, MCA, and the Bozeman Unified Development Ordinance. DATED this _day of ,~ (Signature) (prulted or Typed Namc) Registration No. Seal of Surveyor) (Ord. 16459 1,2005) XVIII-12 p5 10/2005 18.12.060 Improvements A. Where improvements are to be installed prior to final plat approval, the final plat of subdivision shall contain a Certificate of Completion of Public Improvements. The certificate shall list all completed and accepted improvements, and shall read as follows: CERTIFICATE OF COMPLETION OF IMPROVEMENTS I, (Name of Subdivider), and I, (Name of Subdivider's Registered Engineer), a registered professiona engineer licensed to practice in the State of Montana, hereby certify that the following improvements required to meet thc requirements of this title or as a condition(s) of approval of (Name of Subdivision) have beeIl installed in conformance with the approved plans and specifications. (List improvements it accordance with ~ 18.12.060.A and B). 11Ie subdividcr hcreby warrants against defects in thes improvements for a period of one year from the date of acceptance by the City of Bozeman. Thc subdivide grants possession of all public infrastructure improvements to the City of Bozeman, and thc City hereb accepts possession of all public infrastructure improvements, subjcct to the above itIdicated warranty. Signature of Subdivider (Date) Signature, Number, and Seal of Engineer (Date) Signahlte, Director of Public Service (Datc) B. If all required subdivision improvements will not be installed prior to final plat approval, and the final plat will be recorded subject to an improvements agreement and financial guarantee, this certificate shall be modified to also list all improvements NOT completed. (Ord. 1645 9 1, 2005) 18.12.070 Governing Body The City Commission or their designated agent shall certify approval of the plat of subdivision. Said certificate shall read as follows: CERTIFICATE OF DIRECTOR OF PUBLIC SERVICE , Director of Public Service, City of Bozeman, Montana, do hereby certify that the accompanying plat ha ~een duly examined and has found the same to conform to the law, approves it, and hereby accepts th ~edication to the City of Bozeman for the public use of any and all lands shown on thc plat as beinl ~edicated to such use. DATED this _day of ,~ (Signature), Dircctor of Public Service (Ord. 16459 1, 2005) XVIII-12 p6 10/2005 18.12.080 Exclusion from MDEQ Review The following certificate shall be added to all subdivision plats to certify that adequate storm water drainage and adequate municipal facilities will be provided: CERTIFICATE OF EXCLUSION FROM MONTANA DEPARTMENT OF ENVIRONMENTAL QUALITY REVIEW The ~amc of Subdivision), Gallatin County, Montana, is within the City ofB07.eman, Montana, a ftrst~clas municipality, and within the planning area of the Bozeman growth policy which was adopted pursuant tc ~ 76-1-601 et seq., MCA, and can be provided with adequate storm water drainagc and adequate mlUucipa facilities. Therefore, under the provisions of~ 76-4-125(2)(d), MCA, this subdivision is excluded from th equirement for Montana Department of Environmental Quality review. DA TED this _ day of >~ (Signature), Director of Public Service City of Bozeman, Montana (Ord. 16459 1, 2005) 18.12.090 County Treasurer All final subdivision plats and certificates of survey, unless prepared for a subdivision exemption to provide security for construction mortgages, liens, or trust indentures, shall show the following Certificate of County Treasurer: CERTIFICATE OF COUNTY TREASURER ~, (Name of County Treasurer), Treasurer of Gallatin County, Montana, do hereby certify that th r-ccompanying plat (or certificate of survey) has been duly examined and that all real property taxes an( f'pecial assessments assessed and levied on the land to be subclivided arc paid. DA TED this _ day of ,~ (Signature), Treasurer of Gallatin County (Ord. 1645 9 1, 2005) 18.12.100 Clerk and Recorder All plats or certificates of survey shall show the following Certificate of Clerk and Recorder: XVIII-12 p7 10/2005 ..._"... CERTIFICATE OF CLERK AND RECORDER I, (Name of Clerk and Recorder), Clerk and Recorder of Gallatin County, Montana, do hereby certify tha he foregoing instrument \Vas filed in my office at o'clock, (a.m. or p.m.), this _ day 0 , ~, and recorded in Book of Plats on Page , Records of th I'":lcrk and Recorder, Gallatin County, Montana. (Signature), Clerk and Recorder (Ord. 1645 9 1, 2005) 18.12.110 Certification of Use of Exemption Claim The following certificates shall be provided in a printed certificate on the amended plat or certificate of survey for allowed exemptions: A. Certificate of Governing Body: CERTIFICATE OF GOVERNING BODY I, (planning Director), do hereby certify tllat the accompanying (Certificate of Survey or Amended Plat) ha been duly reviewed, and has been found to conform to the requirements of the Subdivision and Plattin Act, ~ 76-3-101 et.seq., MeA, and the Bozeman Ullified Development Ordinance. DATED this _ day of ,~ (Signature), Planning Director B. Certificate of Exemption. Reference to exclude the survey from Montana Department of Environmental Quality review can also be added to this certificate, as appropriate: CERTIFICATE OF EXEMPTION (I) (We) certify that the purpose of this survey is to (state exemption), and therefore tIus survey is cxemp from review as a subdivision pursuant to ~ 76-3-207(1) (add appropriate subsection), MCA. DATED this _ day of ,~ (Acknowledged and notarized signatures of all record owners of surveyed property) (Ord. 16459 1, 2005) XVIIIR12 p8 10/2005