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HomeMy WebLinkAboutA4. Final Plat Legends1 REPORT TO: Honorable Mayor and City Commission FROM: Tim Cooper, Assistant City Attorney Wendy Thomas, Director of Community Development SUBJECT: Authorize the Director of Public Works to approve the Legends II Phase III Subdivision Final Plat, Application 15-386 MEETING DATE: October 5, 2015 AGENDA ITEM TYPE: Action (Quasi-judicial) RECOMMENDATION: That the City Commission approve the Final Plat for the Legends II Phase III Major Subdivision Final Plat, Application 15-386 and authorize the Director of Public Works to execute the same on behalf of the City of Bozeman upon review and approval by the City Attorney’s Office. RECOMMENDED MOTION: “Having reviewed and considered the application materials, public comment, and all the information presented, I hereby adopt the findings presented in the staff report for application 15-386 and move to approve the final plat application for Legends II Phase III Major Subdivision and authorize the Director of Public Works to execute the same on behalf of the City of Bozeman upon review and approval by the City Attorney’s Office.” BACKGROUND: On September 22, 2014, the City Commission approved the findings of fact completing the preliminary plat approval to subdivide 24.69 acres into 51 single-household lots, related streets, open space and the re-platting of two lots from Phase II of the Legends at Bridger Creek II Subdivision. The developer has applied for final plat review and approval for Legends II Phase III subdivision. The preliminary plat was approved (4:1) by the City Commission on August 11, 2014. Staff has concluded that all terms and conditions of the preliminary plat approval have been met. Two improvements agreement have been completed for the future installation of sidewalks, park improvements, and completion of boulevard landscaping. The appropriate financial guarantee has been received. The Applicant submitted a request to replace Condition No. 24. If the Commission approves the request the Improvements Agreement to financial guarantee the construction of the bathroom will be not be necessary. UNRESOLVED ISSUES: None determined at this time. ALTERNATIVES: 1) Approve the final plat as presented and recommended. Commission Memorandum 275 2 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: Staff Memo; Final Plat Report compiled on September 23, 2015 276 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: GREG SULLIVAN, CITY ATTORNEY STACY ULMEN, CITY CLERK FROM: TOM ROGERS, AICP SUBJECT: FINAL PLAT REVIEW FOR THE LEGENDS AT BRIDGER CREEK II PHASE III MAJOR SUBDIVISION, PLANNING FILE NO. 15-386 DATE: SEPTEMBER 14, 2015 Morrison-Maierle, Inc., on behalf of Guinness Partners, Inc. (Applicant), has made application to the City of Bozeman Department of Community Development for Final Plat review and approval for the Legends at Bridger Creek II, Phase III Major Subdivision, a 51 lot subdivision. Legends at Bridger Creek Phase III will plat the remaining area within Legends at Bridger Creek II Subdivision which was granted preliminary plat on August 11, 2014 to subdivide 25.04 acres to create fifty-one (51) single-household residential lots, related streets, half of a street, open space, and the re- platting of two lots from Phase II of the Legends at Bridger Creek II Subdivision. Attached is a copy of the signed Findings of Fact and Order dated September 22, 2014. Two Improvement Agreements are required for this subdivision; one for the installation of sidewalks and a second for boulevard landscaping and the installation of required bathroom facilities. All other necessary infrastructure improvements are constructed. 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, copy of the property owner association documents and a copy of the Findings of Fact and Order are attached for your review. The property owner’s association documents 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. An application was submitted to the Community Development Department on August 17, 2015 and amended on August 21, 2015. Based on the applicant having submitted a complete application the 277 Page 2 application was deemed complete on August 27, 2015, the 45-day (working days) review period for this final plat will expire on October 30, 2015. 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. Two exceptions to this are that it was determined that a subdivision improvements agreements are required for uninstalled sidewalks and park improvements and boulevard landscaping. We have those agreements in hand and the financial guarantee was provided by irrevocable standby Letter of Credit No. 1244 and No. 1245 from First Interstate Bank, 101 E. Front, Missoula, MT 59806. 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 and One (1) Blackline Copy Applicant’s Written Narrative and Complete Submittal Original Platting Certificate Copy of Signed Improvements Agreements Copy of Findings of Fact and Order cc: file 278 100 FP100 FP100 FP100 FP100 FP100 FP100 FP100 FP100 FP100 FP100 FP100 FP100 FP100 FP100 FP100 FP100 FP100 FP100 FP100 FP100 FP100 FP100 FP100 FP100 FP100 FP100 FP100 FP100 FP100 FP100 FP100 FP100 FP100 FP100 FP100 FP100 FP100 FP10 0 F P 100 F P 100 FP100 FP100 FP100 FP100 FP100 FP100 FP 100 FP100 FP100 FP100 FP100 FP100 FP100 FP100 FP100 FP100 FP100 FP100 FP100 FP100 FP100 FP100 FP100 FP100 FP100 FP100 FP100 FP100 FP100 FP GALLATIN COUNTY PLOTTED DATE: DRAWING NAME:DATE: SCALE: SHEET OFPROJ #:CHECKED BY: FIELD WORK: DRAWN BY: CLIENT: PRINCIPAL MERIDIAN, MONTANA 1/4 SEC. SECTION TOWNSHIP RANGE GROSS AREA = (25.04 AC.)OPEN SPACE AREA = (10.35 AC.) RIGHT-OF-WAY AREA = (4.02 AC.) ALLEY= (0.97 AC.)NET LOT AREA = (9.70 AC.) AREA SUMMARY CERTIFICATE OF EXCLUSION FROM MONTANA DEPARTMENT OF ENVIRONMENTAL QUALITY REVIEW The Legends at Bridger Creek II Subdivision Phase III, Gallatin County, Montana, is within the City of Bozeman, Montana, afirst-class municipality, and within the planning area of the Bozeman growth policy which was adopted pursuant to Section76-1-601 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 MontanaDepartment of Environmental Quality review. Dated this ____________ day of ________________________ A.D., 2015 ________________________________________________Craig Woolard Director of Public Works City of Bozeman, Montana CERTIFICATE OF DIRECTOR OF PUBLIC WORKS Dated this _________________________ day of _________________________, 2015. Guinness Partners, Inc.______________________________________ State of _________________________ County of _________________________ This instrument was acknowledged before me on _________________________ by Jim McLeod as Member of Guinness Partners, Inc. __________________________________________________ (Signature of Notarial Officer) __________________________________________________Notary's name - typed, stamped or printed Notary Public for the State of _________________________ Residing at _________________________My commission expires: _______________________ We, Guinness Partners, Inc., and I, Matthew E. Ekstrom, 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 conditions of approval of The Legends at Bridger Creek II Subdivision Phase III, have been installed in conformance withthe approved plans and specifications, or financially guaranteed and covered by the improvements agreement accompanying this plat. INSTALLED IMPROVEMENTS 1. Water, Sewer, Curb and Gutter, and Asphalt Streets. FINANCIALLY GUARANTEED IMPROVEMENTS: 1. Sidewalks and landscaping. The subdivider hereby warrants against defects in these improvements for a period of two year 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 aboveindicated warranty. ____________________________________ _____________________________________Jim McLeod Date Member, Guinness Partners, Inc. ____________________________________ _____________________________________ Craig Woolard Date Director of Public WorksCity of Bozeman, Montana ____________________________________ _____________________________________ Matthew E. Ekstrom DateMT Reg. No. 10853PEMorrison-Maierle, Inc. CERTIFICATE OF COMPLETION OF IMPROVEMENTS I, the undersigned, Daniel J. Boers, Montana Professional Land Surveyor, License No. 14732LS do hereby certify that I surveyed The Legends at Bridger Creek II Subdivision Phase III and platted the same as shown on the accompanying plat and described in accordance with the provisions of the Montana Subdivision and Platting Act, Sections 76-3-101 through76-3-625, M.C.A., and the Bozeman Municipal Code from February to August 2015, . I further certify that, in accordance with ARM 24.183.1101(1)(d), monuments which have not been set due to weather conditions and public improvements construction by the filing date of this instrument will be set by February 2016. Dated this ___________ day of ________________________, 2015 _______________________________________Daniel J. Boers, PLS, CFedSMT Reg. No. 14732LS Morrison-Maierle, Inc. CERTIFICATE OF SURVEYOR CERTIFICATE OF COUNTY TREASURER I, Craig Woolard, Director of Public Service, City of Bozeman, Montana, do hereby certify that the accompanying plat hasbeen 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., 2015 ________________________________________________ Craig WoolardDirector of Public Works City of Bozeman, Montana 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 be subdivided havebeen paid. Dated this ____________ day of ________________________ A.D., 2015 ________________________________________________Kimberly Buchanan, Treasurer Gallatin County, Montana ________________________________________________ Assessor Parcel No. I, Charlotte Mills, Clerk and Recorder of Gallatin County, Montana, do hereby certify that the foregoing instrument was filed inmy office at ____________ o'clock, (a.m., or p.m.), this ____________ day of ________________________, A.D., 2015, and recorded in Book ____________, of Plats on Page ____________, (Document No. ____________) Records of the Clerk and Recorder, Gallatin County, Montana. ____________________________________Charlotte Mills, Clerk and Recorder Gallatin County, Montana CERTIFICATE OF CLERK AND RECORDER PURPOSE TO AMEND 2 LOTS,TO CREATE 51 LOTS, 1 OPEN SPACE, AND DEDICATED RIGHTS-OF-WAY BASIS OF BEARING THE BEARINGS SHOWN HEREON ARE RECORD BASED ON THE LEGENDS AT BRIDGER CREEK IISUBDIVISION PHASE II, PLAT J-516 (previous bearings are Grid, based on the Montana coordinate system NAD83). We, the undersigned mortgagee or encumbrancer, 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, parks,or other public areas which are dedicated to the City of Bozeman for the public use and enjoyment. CONSENT OF MORTGAGEES Dated this __________ day of ______________________________ , A.D., 2015. _________________________________________________ First Interstate Bank By:______________________________________________ Its:______________________________________________ STATE OF ______________________ COUNTY OF ______________________ This instrument was acknowledged before me on this __________ day of ____________________, A.D. 2015 by ________________________________________ as _____________________________________ First Interstate Bank. __________________________________________________Notary Public for the State ofResiding at My commission expires OWNER GUINNESS PARTNERS, INC. 101 EAST FRONT ST., STE. 304 MISSOULA, MONTANA 59807 VICINITY MAP NOT TO SCALE A TRACT OF LAND BEING LOT 69, LOT 70 AND LOT R OF THE LEGENDS AT BRIDGER CREEK II SUBDIVISION PHASE II, PLAT J-516, SITUATED IN SECTION 32, TOWNSHIP 1 SOUTH, RANGE 6 EAST, PRINCIPAL MERIDIAN, CITY OF BOZEMAN, GALLATIN COUNTY, MONTANA. THE LEGENDS AT BRIDGER CREEK II SUBDIVISION PHASE III FINAL PLAT OF POINT OF BEGINNING BRIDGER CREEK APPROX 100-YR FLOOD PLAINBOUNDARY Tract 1 of Fil m 1 2, P a g e 8 2 5 CREE K W O O D SUBDI VI SI O N PLAT J- 4 4 4 MT. BALDY SUB-DIVISION PLAT F-10 ED. VOGEL SUB-DIVISION NO 1 PLAT E-47 THREAD OF BRIDGER CREEK(4-06-2005) OLD THREAD OF BRIDGER CREEK (FM 12, P825) ZONING CITY OF BOZEMAN R-1 OLD THREAD OF BRIDGER CREEK (FM 12, P825) 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 this plat hereunto included, the following described tract of land, to wit: A tract of land being Lot 69, Lot 70, and Lot R of The Legends at Bridger Creek II Subdivision Phase II, Plat J-516, situated in Section 32, Township 1 South, Range 6 East, Principal Meridian, City of Bozeman, Gallatin County, Montana, and being further described asfollows: Beginning at the northeast corner of The Legends at Bridger Creek II Subdivision Phase II; thence along a curve to the left for adistance of 172.84 feet, said curve having a radius of 310.00 feet, a delta angle of 31°56'45"; thence N80° 56' 55"W for 128.86 thence along a curve to the right for a distance of 33.65 feet, said curve having a radius of 170.00 feet, a delta angle of 11°20'30"; thence N69° 36' 25"W for 279.21 ; thence N30° 23' 35"E for 103.11 ; thence S81° 07' 24"E for 41.26 ; thence N54° 51' 26"E for 26.00 ; thence N33°06' 32"E for 82.00 ; thence N47° 40' 30"E for 28.50 ; thence N74° 14' 05"E for 19.00 ; thence S69° 58' 58"E for 15.00 ; thence S46° 23' 28"E for 24.50 ; thence S25° 39' 09"E for 28.00 ; thence S09° 32' 13"E for 72.00 ; thence S15° 59' 53"E for 29.00 ; thence S33° 14' 30"E for 31.00 ; thence S55° 52' 13"E for 34.00 ; thence S78° 00' 29"E for 43.00 ; thence N68° 21' 42"E for 19.00 ; thence N48° 39'42"E for 56.00 ; thence N15° 39' 43"E for 18.75 ; thence N09° 05' 25"W for 25.50 ; thence N22° 52' 26"W for 61.50 ; thence N11° 26'10"W for 15.50 ; thence N14° 56' 47"E for 62.00 ; thence N33° 36' 32"E for 14.48 ; thence N74° 03' 17"E for 14.50 ; thence S74° 59' 51"E for 27.00 ; thence S57° 31' 08"E for 39.00 ; thence S50° 13' 25"E for 23.50 ; thence S39° 06' 24"E for 20.50 ; thence S16° 09' 30"E for 14.50 ; thence S01° 47' 55"W for 30.00 ; thence S14° 34' 58"E for 20.00 ; thence S61° 41' 55"E for 49.00 ; thence N81° 26'06"E for 32.00 ; thence S74° 37' 12"E for 24.00 ; thence S59° 46' 42"E for 14.00 ; thence S40° 39' 29"E for 84.50 ; thence S49° 19' 44"E for 66.00 ; thence S60° 59' 23"E for 61.50 ; thence S69° 55' 18"E for 55.50 ; thence S72° 39' 00"E for 67.00 ; thence S42° 38' 20"E for 17.50 ; thence S25° 28' 12"E for 21.00 ; thence S12° 53' 56"E for 22.50 ; thence S44° 41' 46"E for 23.00 ; thence S67° 41'19"E for 13.00 ; thence N76° 52' 34"E for 9.00 ; thence N58° 04' 38"E for 19.00 ; thence N37° 30' 17"E for 16.50 ; thence N11° 09' 46"E for 25.50 ; thence N17° 59' 47"W for 32.50 ; thence N02° 36' 25"W for 15.00 ; thence N28° 45' 20"E for 20.00 ; thence N46° 39' 37"E for 40.00 ; thence N59° 21' 30"E for 31.50 ; thence N71° 36' 47"E for 34.50 ; thence S87° 08' 32"E for 59.00 ; thence S74° 09'02"E for 29.50 ; thence S55° 02' 14"E for 52.50 ; thence S42° 28' 53"E for 97.50 ; thence S29° 13' 33"E for 28.50 ; thence S50° 03'29"E for 15.50 ; thence S69° 39' 32"E for 12.00 ; thence N89° 55' 05"E for 22.00 ; thence N69° 25' 05"E for 39.50 ; thence N58° 07' 09"E for 76.50 ; thence N38° 44' 29"E for 26.81 ; thence N27° 53' 19"E for 35.00 ; thence N40° 11' 14"E for 51.00 ; thence N47° 35' 00" E for 47.50 ; thence N54° 30' 09"E for 34.00 ; thence N74° 22' 00" E for 37.50 ; thence N81° 22' 18"E for 33.50 ; thence S84° 26' 38"Efor 31.00 ; thence S77° 44' 49"E for 47.00 ; thence S65° 55' 06"E for 19.81; thence S00° 07' 53"E for 853.59 ; thence N88° 16' 33"W for 1407.18 ; thence N01° 43' 27"E for 233.90; thence along a curve to the left for a distance of 122.75 feet; said curve having a radius of 380.00 feet; and a delta angle of 18°30'29"; thence N29° 47' 20"E for 64.00 ; thence S58° 59' 34"E for 96.77 ; thence N31° 00' 26 "Efor 82.59; thence N58° 59' 34"W for 98.52 ; thence N29° 47' 20"E for 97.12 ; thence N40° 59' 50"E for 60.00 to the Point of Beginning. Said tract contains 25.04 acres, and is subject to any existing easements, whether recorded or apparent. The above-described tract of land is to be known and designated as "The Legends at Bridger Creek II Subdivision Phase III", City ofBozeman, Gallatin County, Montana; the lands included in all streets, avenues, alleys, and parks or public lands 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, and parks or public lands dedicated to the public are accepted for public use, but the Cityaccepts no responsibility for maintaining the same. The owners agree that the City has no obligation to maintain the lands included in all streets, avenues, alleys, and parks or public lands dedicated to public use. The lands included in all streets, avenues, alleys, and parks or public lands dedicated to the public for which the City accepts responsibility for maintenance include Boylan Road, ChippewaLane, Atsina Lane, Blackfeet Lane, Cree Lane, Richau Lane, Kootenai Court, and Alley. The undersigned hereby grants unto each and every person, firm, or corporation, whether public or private, providing or offeringtelephone, 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. LOT 79 LOT 77 LOT 69A LOT 70A LOT 72 LOT 73 LOT 76 LOT 75 LOT 74 LOT 84 LOT 83 LOT 82 LOT 81 LOT 88 LOT 87 LOT 86 LOT 85 LOT 92 LOT 91 LOT 90 LOT 89 LOT 96 LOT 95 LOT 94 LOT 93 LOT 100 LOT 98 LOT 97 LOT 104 LOT 103 LOT 101 LOT 107 LOT 106 LOT 105 LOT 108LOT 109LOT 122 LOT 121 LOT 120LOT 119LOT 118 LOT 117LOT 116LOT 115LOT 114LOT 113LOT 112LOT 111LOT 110 LOT 78 LOT 80 LOT 102LOT 99 LOT 71 BOYLAN ROAD (60')MIDFIELD STREET (60')NORTHVIEW STREET (60')BOY L A N R O A D ( 6 0 ' ) THE LEG E N D S A T B R I D G E R C R E E K I I SUBDIVIS I O N P H A S E I I LANE (60')ATSINAKOOTENAI BLACKFEETCREERICHAUC H I P P EW A LANE (60')LANE (60')LANE (60')LANE (60')COURT PHASE III CERTIFICATE OF DEDICATION AND CONSENT COURT C-E 1/16 S.32 279 100 FP100 FP100 FP100 FP100 FP100 FP100 FP100 FP100 FP100 FP100 FP100 FP100 FP100 FP100 FP100 FP100 FP100 FP100 FP100 FP100 FP100 FP100 FP100 FP100 FP100 FP100 FP100 FP100 FP100 FP100 FP100 FP100 FP100 FP10 0 F P 10 0 F P 100 FP100 FP100 FP100 FP100 FP100 FP100 FP 100 FP100 FP100 FP100 FP100 FP100 FP100 FP100 FP100 FP100 FP100 FP100 FP100 FP100 FP100 FP100 FP100 FP100 FP100 FP100 FP100 FP100 FP100 FPEXISTINGLOT LINESTO BEABANDONEDWITH THISPLAT R=50' R=5 0 ' 6.0'UTIL.EASE. 6.0'UTIL.EASE. 10.0'UTILEASE10.0'UTIL EASE 5.0' 5.0' 10.0' 10.0' GALLATIN COUNTY PLOTTED DATE: DRAWING NAME:DATE: SCALE: SHEET OFPROJ #:CHECKED BY: FIELD WORK: DRAWN BY: CLIENT: PRINCIPAL MERIDIAN, MONTANA 1/4 SEC. SECTION TOWNSHIP RANGE THE LEGENDS AT BRIDGER CREEK II SUBDIVISION PHASE III FINAL PLAT OF SURVEYOR'S NOTES: 1. Warranty Deed Film 12, Page 823-825, filed December 16, 1971, depicts three tracts of land, (the parent parcel being described in Administratrix's Deed Film 11, Page 881-882) and conveys two tracts of land from Hallie B. Rugheimer to GBR Associates. Tract 2 is described as bound on the north by the thread of Bridger Creek, an states “The thread of the stream of Bridger Creek is set forth on the plat affixed hereto by metes and bounds. Said plat being dated October 28, 1971, signed by Louis V. Tout, Registration No. 2358S, and is made a part of this description by reference.” The Survey Plat shown on Film 12, Page 825 states, “The following courses and distances are given to identify Bridger Creek and for the computation of areas only. They will not be construed, in any way, to be controlling factors in the boundaries of the properties involved. The thread of the stream of Bridger Creek is the boundary.” The intent appears clear. 2. All streets, alleys, and rights-of-way, shown hereon as "DEDICATED" are not easements. The intent of the dedication is to convey all the streets, alleys, and rights-of-ways to the public upon acceptance by he governing authority. THREAD OF BRIDGER CREEK(4-06-2005) OLD THREAD OF BRIDGER CREEK (FM 12, P825) APPROX 100-YRFLOOD PLAINBOUNDARY MEANDER LINE (NOT A FIXED BOUNDARY) MEANDER LINE (NOT A FIXED BOUNDARY) W.C. SURVEY LEGEND O.S.COMMON OPEN SPACE PARCEL FOUND REBAR W/ PLASTIC CAP MARKED "MORRISON MAIERLE, INC.11371LS" SET REBAR W/ YELLOW PLASTIC CAP MARKED "MORRISON-MAIERLE, INC. 14732LS" RSL RESTRICTED SIZE LOT FOUND ROLLED STEEL PIN, 5/8" DIAM., WITH PLASTIC CAP,UNLESS NOTED. FOUND REBAR W/ ALUM CAP MARKED"4955S" FOUND STEEL PIPE APPROX 1" DIAM. W.C.WITNESS CORNER FOUND W.C. REBAR W/ ORANGE PLASTIC CAP MARKED "MORRISON MAIERLE, INC. 11371LS" 1.00' BEHINDRIGHT-OF-WAY LINE FOUND ROLLED STEEL PIN, 5/8" DIAM., NO CAP. C-E 1/16S.32 NO CAP POINT OF BEGINNING OLD THREAD OF BRIDGER CREEK(FM 12, P 825) 3/4" O.D. GALV. IRON PIPE FOUND REBAR W/ YELLOW PLASTIC CAP MARKED "MORRISON-MAIERLE,INC. 14732LS" A TRACT OF LAND BEING LOT 69, LOT 70 AND LOT R OF THE LEGENDS AT BRIDGER CREEK II SUBDIVISION PHASE II, PLAT J-516, SITUATED IN SECTION 32, TOWNSHIP 1 SOUTH, RANGE 6 EAST, PRINCIPAL MERIDIAN, CITY OF BOZEMAN, GALLATIN COUNTY, MONTANA. BOYLAN ROAD (60') CHIPPEWA LANE (60')ATSINA LANE (60')KOOTENAI BLACKFEET LANE (60')CREE LANE (60')RICHAU LANE (60')COURTNOT INCLUDED INTHIS SUBDIVISION(DEDICATED)(DEDICATED')(DEDICATED)(DEDICATED)(DEDICATED)(DEDICATED)(DEDICATED) PT PT PT PTPT PT PT PT PT PC PC PC PC PC PC PC PC PC PHASE III (R=60.03')(R=104.45')(R=105.70')(R=63.20')TEMPORARYCUL-DE-SAC EASEMENT TO BE ABANDONED WITH THIS PLAT 30' WATER AND SEWER AND PIPELINES EASEMENT AND AGREEMENT DOCUMENTNO. 2240463 S0°07'53"E 853.59'(R=14.88') BASIS OF BEARING THE BEARINGS SHOWN HEREON ARE RECORDBASED ON THE LEGENDS AT BRIDGER CREEK II SUBDIVISION PHASE II, PLAT J-516(previous bearings are Grid, based on the Montanacoordinate system NAD83). A A UTILITY EASEMENTS ALL LOTS ARE SUBJECT TO THE FOLLOWING PUBLIC UTILITY EASEMENTS: - 10' ADJACENT TO ALL PUBLIC STREET RIGHTS-OF-WAY - 6' ADJACENT TO ALLEYS- 10' ALONG REAR LOT LINES NOT ADJACENT TO A STREET OR ALLEY 280 EXISTING LOT LINES TO BE ABANDONED WITH THIS PLAT R=50' GALLATIN COUNTY PLOTTED DATE: DRAWING NAME:DATE: SCALE: SHEET OFPROJ #:CHECKED BY: FIELD WORK: DRAWN BY: CLIENT: PRINCIPAL MERIDIAN, MONTANA 1/4 SEC. SECTION TOWNSHIP RANGE THE LEGENDS AT BRIDGER CREEK II SUBDIVISION PHASE III CONDITIONS OF APPROVAL OF A TRACT OF LAND BEING LOT 69, LOT 70 AND LOT R OF THE LEGENDS AT BRIDGER CREEK II SUBDIVISION PHASE II, PLAT J-516, SITUATED IN SECTION 32, TOWNSHIP 1 SOUTH, RANGE 6 EAST, PRINCIPAL MERIDIAN, CITY OF BOZEMAN, GALLATIN COUNTY, MONTANA. The 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 that buyers of property are strongly encouraged to contact the localplanning 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/orconditions of subdivision approval that may limit the use of the property, including the location, size, and use. CONDITIONS DUE TO HIGH GROUND WATER CONDITIONS, FULL OR PARTIAL BASEMENTS ARE NOT RECOMMENDED OPEN SPACE OPEN SPACE PARCELS SHALL BE OPEN TO PUBLIC ACCESS BUT SHALL BE OWNED AND MAINTAINED BY THE HOMEOWNERS ASSOCIATION. FLOOD PLAIN NO LOTS ARE WITHIN THE CURRENT 100-YEAR FLOOD PLAIN, IT IS RECOMMENDED THAT LOT OWNERS OBTAIN FLOOD INSURANCE DUE TO PROXIMITY. IT IS ALSO RECOMMENDED THAT LOT OWNERS CONSIDER CONSTRUCTION OF STRUCTURES ON SUITABLE FILL AT AN ELEVATION NO LOWER THAN THE BASE FLOOD ELEVATION AND EXTENDING AT LEAST 15 FEET AT THAT ELEVATION BEYOND THE STRUCTURE IN ALL DIRECTIONS. ACCESS EASEMENT PEDESTRIAN FACILITIES LOCATED WITHIN LOTSDESIGNATED AS COMMON OPEN SPACE ARE WITHIN A 10' PUBLIC ACCESS EASEMENT CENTERED ON THE CONSTRUCTED FACILITIES. SIDEWALK NOTE: UPON THE THIRD ANNIVERSARY OF THE PLAT RECORDATION FOR THIS PHASE, ANY LOT OWNER WHO HAS NOT CONSTRUCTED CITY STANDARD RESIDENTIAL SIDEWALKS FOR THEIR LOT(S) SHALL, WITHOUT FURTHER NOTICE, CONSTRUCT WITHIN 30 DAYS SAID SIDEWALK REGARDLESS OF WHETHER OTHER IMPROVEMENTS HAVE BEEN MADE UPON THE LOT(S). GROUND WATER Phase # of Lots Park Land Requirement (AC) Park Land Dedication (AC) I 47 1.41 5.304 II 26 0.78 -- III 51 1.53 Remaining 1.584 acre PARK LAND TABLE 1. We further certify that the text and/or graphics shown on the Conditions of Approval sheet represents requirements by the governing body for final plat approval and that all conditions of subdivision application have been satisfied; and that the information shown is current as of the date of the certification, and that changes to any land-use restrictions orencumbrances may be made by amendments to covenants, zoning regulations, easements, or other documents as allowed by law or by local regulations. 2. Ownership of all common open space areas and trails, and responsibility of maintenance thereof and for cityassessments levied on the common open space lands shall be that of the property owner's association. Maintenance responsibility shall include, in addition to the common open space and trails, all vegetative ground cover, boulevard trees and irrigation systems in the public right-of-way boulevard strips along all external perimeter development streetsand as adjacent to public parks or other common open space areas. All areas within the subdivision that are designated herein as common open space including trails are for the use and enjoyment by residents of the development and the general public. The owner's association shall be responsible for levying annual assessments toprovide for the maintenance, repair and upkeep of all common open space areas and trails. At the same time of recording the final plat for each phase to the property owner's association created by the subdivider to maintain all common open space areas within Legends at Bridger Creek II Phase III.3. The following are hereby granted and donated to the property owners association noted below for their use andenjoyment: Open Space 1. Unless specifically listed in the Certificate of Dedication, the city accepts no responsibility for maintaining the same. We, Guinness Partners, Inc., hereby further certify that the following non-public improvements, required to meet the requirements of Chapter 38 of the Bozeman Municipal Code, or as a condition(s)of approval of the subdivision plotted herewith, including, but not limited to trails, trees, lawns, irrigation systems, shrubs, and landscape features and furniture, have been installed in conformance with any approved plans and specifications prepared in accordance with the standards of Chapter 38 or other City design standards, or have beenfinancially guaranteed and are covered by the subdivision improvements agreement accompanying and recorded with this plat. Installed improvements: None Financially guaranteed improvements: common open space improvements The subdivider hereby grants ownership of all non-public infrastructure improvements to the property owners associationcreated by document number _____________________________________. BASIS OF BEARING THE BEARINGS SHOWN HEREON ARE RECORD BASED ON THE LEGENDS AT BRIDGER CREEK II SUBDIVISION PHASE II, PLAT J-516(previous bearings are Grid, based on the Montana coordinate system NAD83). CERTIFICATE OF TRANSFER OF OWNERSHIP AND COMPLETION OF NON-PUBLIC IMPROVEMENTS Dated this _________________________ day of _________________________, 2015. ______________________________________ Guinness Partners, Inc.By, Jim McLeod, Member State of _________________________ County of _________________________ This instrument was acknowledged before me on _________________________ by Jim McLeod as Member of Guinness Partners, Inc. __________________________________________________(Signature of Notarial Officer) __________________________________________________Notary's name - typed, stamped or printed Notary Public for the State of _________________________ Residing at _________________________My commission expires: _______________________ UTILITY EASEMENTS ALL LOTS ARE SUBJECT TO THE FOLLOWING PUBLICUTILITY EASEMENTS: - 10' ADJACENT TO ALL PUBLIC STREETRIGHTS-OF-WAY- 6' ADJACENT TO ALLEYS - 10' ALONG REAR LOT LINES NOT ADJACENT TO ASTREET OR ALLEY 281