HomeMy WebLinkAboutC4. Quitcaim Deed
Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Allyson B. Brekke, Associate Planner Wendy Thomas, Director of Community Development
SUBJECT: Transfer of property to the City in association with the Bridger
Peak Construction, LLC Subdivision Exemption, the Amended
Plat of Lot 12 and Park 8, Block 15, Alder Creek Subdivision Phase 4, Aggregation and Relocation of Common Boundary Exemption, Application No. E14015 MEETING DATE: April 13, 2015
AGENDA ITEM TYPE: Consent
RECOMMENDATION: Accept the quitclaim deed to allow the transfer to the City property
legally described as Park 8A, AMENDED PLAT OF LOT 12, BLOCK 15, AND PARK 8,
ALDER CREEK SUBDIVISION PHASE 4, 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 24, Township 2 South, Range 5 East of P.M.M., in association with the
Bridger Peak Construction, LLC Subdivision Exemption, Application No. E14015.
BACKGROUND: The above-referenced subdivision exemption application was submitted by
property owner Bridger Peak Construction, LLC and representative C&H Engineering and
Surveying, Inc. to the Department of Community Development for review and certification. The
following comments are offered regarding this exemption.
This subdivision exemption is proposing to relocate boundary lines and aggregate lots within a
platted subdivision. This subdivision exemption is submitted to facilitate the rearrangement of
common boundaries in order to increase a 25-foot wide pedestrian right-of-way (dedicated City
linear trail/parkland) to 30 feet, allowing the adjacent property to be able to build with a 5-foot side yard setback rather than a 15-foot corner side yard setback (per Section 38.23.040.D.1 of the
Bozeman Municipal Code [BMC]). The property that would be transferred to the City is
approximately 512 square feet in area.
The lots involved are more fully described as: Lot 12 and Park 8, Block 15, Alder Creek Subdivision Phase 4, according to the plats thereof, on file and of record in the office of the
Clerk and Recorder, Gallatin County, Montana, and located in the SW ¼ of Section 24,
Township 2 South, Range 5 East PMM. The applicant claims the exemptions to relocate
boundary lines and aggregate lots within a platted subdivision and therefore this survey is
exempt from review as a subdivision pursuant to Sec. 76-3-207(2) (d) and (f) MCA.
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The property owner has provided to the City a signed quitclaim deed and realty transfer
certificate for this subdivision exemption. The deed and certificate have been reviewed and
approved by the City Attorney’s office.
The City’s Recreation and Parks Department also reviewed the property transfer and determined
the area being added to the dedicated City parkland will not create additional maintenance costs
for the City, and therefore finds the proposal acceptable.
The exemption application included all the required information and the amended plat has been properly prepared and contains all of the required certificates. The City’s Engineering Office has
also reviewed the amended plat. Based on staff’s review, and the submitted exemption
application and materials, it appears that this is a proper use of the exemption. Therefore,
following the City Commission’s acceptance of the quitclaim deed for the property transfer, staff
will move forward with the signing of the amended plat mylars. UNRESOLVED ISSUES: Staff is unaware of any unresolved issues.
ALTERNATIVES:
1) Approval of the quitclaim deed as presented.
2) Denial of the quitclaim deed as presented. 3) As determined by the City Commission.
FISCAL EFFECTS: Nominal increase in terms of maintenance costs for the additional parkland property.
Attachment: Amended Plat of Lot 12, Block 15 and Park 8, Alder Creek Subdivision Phase 4
Quitclaim Deed Realty Transfer Certificate
Report compiled on: April 7, 2015
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