HomeMy WebLinkAboutResolution 3871 Relating to Lighting District 685
COMMISSION RESOLUTION NO. 3871
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, RELATING TO SPECIAL IMPROVEMENT LIGHTING DISTRICT NO.
685 (BAXTER MEADOWS SUBDIVISION PUD, PHASES 2A,2B, 2C AND 2D)
DECLARING IT TO BE THE INTENTION OF THE CITY COMMISSION TO CREATE
THE DISTRICT FOR THE PURPOSE OF INSTALLING AND MAINTAINING
LIGHTING IMPROVEMENTS AND ASSESSING THE COSTS FOR INSTALLATION,
OWNERSHIP, MAINTENANCE AND ENERGY THEREFOR TO BENEFITTED
PROPERTY BY THE LEVY OF SPECIAL ASSESSMENT.
BE IT RESOLVED by the City Commission (the "Commission") of the City of Bozeman (the
"City"), Montana, as follows:
Section 1. Intention to Create District: Prooosed Imorovements. It is the intention of this
Commission to create and establish in the City under Montana Code Annotated, Title 7, Chapter 12, Part
43, as amended, a special improvement lighting district to serve the Baxter Meadows Subdivision PUD,
Phases 2A, 28, 2C and 2D (the "District") for the purpose of installing certain lighting fixtures and paying
annual ownership, maintenance and energy costs. Pursuant to an agreement (the "Agreement") between
the City and Northwestern Energy (the "Company"), the Company will install, maintain and provide energy
for thirty-seven (37) Domus Series light fixtures with segmented cut-off optics (the "Fixtures"), of which
five (5) will be 175-watt fixtures mounted at 20 feet; thirty-on (31) will be 100-watt fixtures mounted at
17~ feet; and one (1) will be a 70-watt fixture mounted at 17~ feet at the locations shown on Exhibit A
(the "Improvements"). The initial monthly charges per fixture per month (the "Monthly Charge") are as
follows: $41.58 for the 175-watt fixtures, $39.05 for the 100-watt fixtures and $38.13 for the 70-watt
fixture, for a total of $1,456.58 per month. The initial Monthly Charge is based on price of Fixtures
quoted by manufacturer as of the date hereof, which are subject to increase on 30 days notice prior to
placing an order.
The Monthly Charge is composed of an ownership charge for the Fixtures, an energy charge and
a charge for operation and maintenance of the Improvements. The Monthly Charge may be increased
as approved by the Montana Public Service Commission, the rates for each component of which will be
shown on the Company's Schedule No. ELDS-1. The costs of the Improvements will be payable from
special assessments to be levied against property in the District.
Section 2. Number of District. The District, if the same shall be created and established,
shall be known and designated as Special Improvement Lighting District No. 685 (Baxter Meadows
Subdivision PUD, Phases 2A, 2B, 2C and 2D) of the City of Bozeman, Montana.
Section 3. Boundaries of District. The limits and boundaries of the District are depicted
on a map attached as Exhibit B hereto (which is hereby incorporated herein and made a part hereof) and
more particularly described on Exhibit C hereto (which is hereby incorporated herein and made a part
hereof), which boundaries are designated and confirmed as the boundaries of the District. A listing of
each of the properties in the District is shown on Exhibit D hereto (which is hereby incorporated herein
and made a part hereof).
Section 4. Benefitted Prooertv. The District and territory included within the limits and
boundaries described in Section 3 and as shown on Exhibits B, C and D are hereby declared to be the
special lighting district and the territory which will benefit and be benefitted by the Improvements and will
be assessed for the costs of the Improvements as described in Section 1. The Improvements, in the
opinion of this Commission, are of more than local and ordinary benefit. The property included within
said limits and boundaries is hereby declared to be the property benefitted by the Improvements.
Section 5.
Assessment Methods.
5.1 Prooertv To Be Assessed. All properties within the District are to be
assessed for a portion of the costs of the Improvements, as specified herein. The costs
of the Improvements shall be assessed against the property in the District benefitting
from the Improvements, based on the actual area method of assessment described in
Sections 7-12-4323, M.C.A., as particularly applied and set forth in this Section 5.
5.2 Actual Area. All properties in the District will be assessed for their
proportionate share of the costs of the Improvements. The annual costs of the
Improvements at the initial Monthly Charge is $17,478.96 per year, and shall be
assessed against each lot, tract or parcel of land in the District for that part of the costs
that the area of such lot, tract or parcel bears to the total area of all lots, tracts or
parcels of land in the District, exclusive of streets, avenues and alleys. The total area
of the District to be assessed is 23.01 acres, or 1,002,524.68 square feet, exclusive of
parks and open space. The initial costs of the Improvements per acre shall be $759.62,
or $0.017435 per sq uare foot.
Section 6. Pavment of Assessments. Special assessments for the annual costs of the
Improvements in the initial amount of $17,478.96, plus any increases, as may be permitted by the Public
Service Commission, and any additional authorized charges shall be levied each year against all
properties in the District and shall be payable in equal semiannual installments.
Section 7. Extraordinarv Repair or Reolacement. The costs of the Improvements and
assessments set forth in Section 1 and 5.2 are based on normal conditions and do not cover charges
for extraordinary repair and/or replacement pursuant to the Agreement. The Company may make an
additional charge to the City for costs of labor and actual material costs for repairs and/or replacement
of the fixtures for damage caused by third parties and not paid by such third parties. The City will assess
such costs and charges against the properties in the District in the same manner as the other
assessment is made.
Section 8. Discontinuation of District. The City is obligated under the Agreement to
maintain the District for seven years. If at any time after the initial term of the District a petition is
presented to the City Commission, signed by the owners or agents of more than three-fourths of the total
amount of property within the district, asking that the maintenance and operation of the special lighting
system and the furnishing of electrical current in the district be discontinued, or if a majority of the City
Commission votes to discontinue a special improvementlighting district, the City Commission shall, by
resolution, provide for discontinuing the maintenance and operation of the lighting system. If the
Commission has, prior to the presentation of a petition or by a majority vote of the Commission to
discontinue the district, entered into any contract for the maintenance and operation of the lighting
system, the maintenance and operation may not be discontinued until after the expiration of the contract.
Section 9. Public Hearinc: Protests. At any time within fifteen (15) days from and after the
date of the first publication of the notice of the passage and approval of this resolution, any owner of real
property within the District subject to assessment and taxation for the cost and expense of making the
Improvements may make and file with the Clerk of the Commission until 5:00 p.m., M.T., on the
expiration date of said 15-day period (November 2, 2005) written protest against the proposed
Improvements, or against the extension or creation of the District or both, and this Commission will at
its next regular meeting after the expiration of the fifteen (15) days in which such protests in writing can
be made and filed, proceed to hear all such protests so made and filed; which said regular meeting will
be held on Monday, the 7th day of November 2005, at 7:00 p.m., in the Community Room of the Gallatin
County Courthouse, 311 West Main Street, Bozeman, Montana.
Section 10. Notice of Passace of Resolution of Intention. The City Clerk is hereby
authorized and directed to publish or cause to be published a copy of a notice of the passage of this
resolution in the Bozeman Daily Chronicle, a newspaper of general circulation in the county on October
18 and October 25, 2005, in the form and manner prescribed by law, and to mail or cause to be mailed
a copy of said notice to every person, firm, corporation, or the agent of such person, firm, or corporation
having real property within the District listed in his or her name upon the last completed assessment roll
for state, county, and school district taxes, at his last-known address, on or before the same day such
notice is first published.
-2-
PASSED AND ADOPTED by the City Commission of t e City of Bozeman, Montana, at a regular
session thereof held on the 17th day October 2005.
ATTEST:
~~~~/~
City Clerk
/
-3-
NOTICE OF PASSAGE OF RESOLUTION OF INTENTION
TO CREATE SPECIAL IMPROVEMENT LIGHTING DISTRICT NO. 685
(BAXTER MEADOWS SUBDIVISION PUD, PHASES 2A, 2B, 2C AND 2D)
CITY OF BOZEMAN, MONTANA
NOTICE IS HEREBY GIVEN that on October 17, 2005, the City Commission (the "Commission") of
the City of Bozeman, Montana (the "City"), adopted a Resolution of Intention to Create Special Improvement
Lighting District No. 685 (the "District") for the purpose of financing the costs of installing lighting improvements
(the "Improvements") to serve the Baxter Meadows Subdivision PUD, Phases 2A, 2B, 2C and 2D, and paying
ownership charge, maintenance and energy costs relating thereto.
A complete copy of the Resolution of Intention (the "Resolution") is on file with the City Clerk which
more specifically describes the nature ofthe Improvements, the boundaries and the area included in the District,
the location of the Improvements and other matters pertaining thereto and further particulars. A list of properties
in the District and the amount of the initial assessment accompanies this notice.
Pursuant to an agreement (the "Agreement") between the City and Northwestern Energy (the
"Company"), the Company will install (37) Domus Series light fixtures with se9mented cut-off optics (the
"Fixtures"), of which five (5) will be 175-watt fixtures mounted at 20 feet; thirty-one (31) will be 1 OO-watt fixtures
mounted at 17% feet; and one (1) will be a 70-watt fixture mounted at 17% feet (the "Improvements"). The initial
monthly charges per fixture per month (the "Monthly Charge") are as follows: $41.58 for the 175-watt fixtures,
$39.05 for the 100-watt fixtures and $38.13 for the 70-watt fixture, for a total of $1,456.58 per month. The
Monthly Charge is composed of an ownership charge for the Fixtures, an energy charge and a charge for
operation and maintenance of the Improvements. The Monthly Charge may be increased as approved by the
Montana Public Service Commission.
All properties in the District will be assessed for their proportionate share of the costs of the
Improvements which will be payable in equal semiannual installments. The annual costs of the Improvements
at the initial Monthly Charge is $17,478.96 per year, and shall be assessed against each lot, tract or parcel of
land in the District for that part of the costs that the area of such lot, tract or parcel bears to the total area of all
lots, tracts or parcels of land in the District, exclusive of streets, avenues and alleys. The total area of the
District to be assessed is 23.01 acres, or 1,002,524.68 square feet, exclusive of parks and open space. The
initial costs of the Improvements per acre shall be $759.62, or $0.017435 per square foot. The annual
assessments for costs of the Improvements may be increased as approved by the Public Service Commission
and may be increased to cover extraordinary expenses of repair and maintenance.
On Monday, November 7, 2005, at 7:00 p.m., in the Community Room of the Gallatin County
Courthouse, 311 West Main Street, Bozeman, Montana, the City Commission will conduct a public hearing and
pass upon all written protests against the creation or extension of the District, or the Improvements.
Written protests against the creation or extension of the District and the Improvements may be filed
by an agent, person, firm or corporation owning real property within the proposed District whose property is
liable to be assessed for the Improvements. Such protests must be delivered to the City Clerk at the Municipal
Building, 411 East Main Street, Bozeman, Montana not later than 5:00p.m., M.T., on Wednesday, November
2, 2005.
Further information regarding the proposed District or other matters in respect thereof may be
obtained from the City Clerk at the Municipal Building, 411 East Main Street, Bozeman, Montana or by
telephone at (406) 582-2320.
Dated: October 18,2005
BY ORDER OF THE CITY COMMISSION
OF THE CITY OF BOZEMAN, MONTANA
()d.= in ~ a
. . - ~
Robin L. Su Ivan
City Clerk
Legal Ad
Publication Dates: October 18 and October 25, 2005
NOTICE OF PASSAGE OF RESOLUTION OF INTENTION
TO CREATE SPECIAL IMPROVEMENT LIGHTING DISTRICT NO. 685
(BAXTER MEADOWS SUBDIVISION PUD, PHASES 2A, 2B, 2C AND 2D)
CITY OF BOZEMAN, MONTANA
NOTICE IS HEREBY GIVEN that on October 17, 2005, the City Commission (the "Commission") ofthe
City of Bozeman, Montana (the "City"), adopted a Resolution of Intention to Create Special Improvement
Lighting District No. 685 (the "District") for the purpose of financing the costs of installing lighting improvements
(the "Improvements") to serve the Baxter Meadows Subdivision PUD, Phases 2A, 2B, 2C and 20, and paying
ownership charge, maintenance and energy costs relating thereto.
A complete copy of the Resolution of Intention (the "Resolution") is on file with the City Clerk which more
specifically describes the nature of the Improvements, the boundaries and the area included in the District, the
location of the Improvements and other matters pertaining thereto and further particulars. A list of properties
in the District and the amount of the initial assessment is available at the office of the City Clerk.
Pursuant to an agreement (the "Agreement") between the City and Northwestern Energy (the
"Company"), the Company will install (37) Domus Series light fixtures with segmented cut-off optics (the
"Fixtures"), of which five (5) will be 175-watt fixtures mounted at 20 feet; thirty-one (31) will be 1 OO-watt fixtures
mounted at 17~ feet; and one (1) will be a 70-watt fixture mounted at 17~ feet (the "Improvements"). The initial
monthly charges per fixture per month (the "Monthly Charge") are as follows: $41.58 for the 175-watt fixtures,
$39.05 for the 100-watt fixtures and $38.13 for the 70-watt fixture, for a total of $1,456.58 per month. The
Monthly Charge is composed of an ownership charge for the Fixtures, an energy charge and a charge for
operation and maintenance of the Improvements. The Monthly Charge may be increased as approved by the
Montana Public Service Commission.
All properties in the District will be assessed for their proportionate share of the costs of the
Improvements which will be payable in equal semiannual installments. The annual costs of the Improvements
at the initial Monthly Charge is $17,478.96 per year, and shall be assessed against each lot, tract or parcel of
land in the District for that part of the costs that the area of such lot, tract or parcel bears to the total area of all
lots, tracts or parcels of land in the District, exclusive of streets, avenues and alleys. The total area of the
District to be assessed is 23.01 acres, or 1,002,524.68 square feet, exclusive of parks and open space. The
initial costs of the Improvements per acre shall be $759.62, or $0.017435 per square foot. The annual
assessments for costs of the Improvements may be increased as approved by the Public Service Commission
and may be increased to cover extraordinary expenses of repair and maintenance.
On Monday, November 7, 2005, at 7:00 p.m., in the Community Room of the Gallatin County
Courthouse, 311 West Main Street, Bozeman, Montana, the City Commission will conduct a public hearing and
pass upon all written protests against the creation or extension of the District, or the Improvements.
Written protests against the creation or extension of the District and the Improvements may be filed by
an agent, person, firm or corporation owning real property within the proposed District whose property is liable
to be assessed for the Improvements. Such protests must be delivered to the City Clerk at the Municipal
Building, 411 East Main Street, Bozeman, Montana not later than 5:00 p.m., M.T., on Wednesday, November
2, 2005.
Further information regarding the proposed District or other matters in respect thereof may be obtained
from the City Clerk at the Municipal Building, 411 East Main Street, Bozeman, Montana or by telephone at (406)
582-2320.
Dated: October 18,2005
BY ORDER OF THE CITY COMMISSION
OF THE CITY OF BOZEMAN, MONTANA
C?~/~
Robin L. Sullivan
City Clerk
Legal Ad
Publication Dates: October 18 and October 25, 2005
~
I-
eD
I
X
W
~~ ~
:::;~;:::
.-/(1) V
;UJ::;;
;0;:..-
/-/'
;::::~;::::
;::::>~
;::::<r: ;::::
;::::0:: /'
/' /'
;;:: :/
/j ;:::: I1I1111 I
;::::
;:::: 8 II11I11 I
;:::: '/
;:::: /'
;:::: ;::::
~ '/
/' ;.::
\\\\\\\\\\\J L:::.\\\\\\\\\\ \\\\\\\\\\
\\\\\\\\\\\\\\
\\\\\\\\\\\\\\
,~ %~ %
/' /.-- . ~ -------------
~---~ EE ~
r)
__1 1 j
:E=~
- - y:
()
--- s:
0::
W
OJ
~
:;z
[[[]]
~---'--~'-
I'---r--
I
~~
~~
I-
I ---
I
\\\\\\\\\\\1
;:::: ;::::
;:::: ;::::
;:::: '/
;:::: .~
;:::: '/
'/ ;::::
;::; /' c-----
::: l.::
; ;::::
; :.;
/' /"
;:::: ;:;
/' ~
,,'
1\\\\\\\\\\\
" ,)!t;:::: ;::::
~~>-" @ ~
'-~ ;;
I1I1 I111I 2i ~
r"
1I11 1I1I1 ;: v
/' ~
;:; /
~ :/
; /'
;:::: '/
::: ;.::
~
% .-
~
(J)
~
~
o
...J
...J
<:(
'"
\\\\\\\\\\
%. ,.
~
(J)
LlJ
~
()
s:
a::
LlJ
III
::2
52
%
:9
.-
.
.........
"~-,................~....~,.
"~-
~
--- .
I
II _
%
-"
I
..... .....-
(J'!:I'v'^.31nOB H331:lEl NI.lY1TtfEl
_~ _MM..__ ____"'._. _nm..
---
I
~-I I
I J
. 1. .1J
...
i
~-I
.
-----l!
j. .
-
-
-
-
-
f---
.....
--
-
I--- ~
.......
'b
.-
~
II II
~'! ..
:! L ~!
3flN3^," NOSnilll::l::l
is' L_
%..-
ioo .- .. ."'" .._' ...,-........
i,. ~HI~ .!ql . lHI g !ql = I~I~ I
~ ~ T.......I- ~ E ,......- I
~ _ II N II ,I . I~il .11 I .. ~I. I
'b . ,..' 01 100'I. I
'-... ... '-3n"'^~ -.-
'..........- .'
fi ~f' ~ I ..
i~
1.......1-
I -!I I M
~..-- .-.
II
I I .
II %
l~"~ II.-~ir ~I' ~g";.~ t. ~ijt I
r
.- . ';r ~>.
.. II I . ! I ~ II I = i.
· U:J018 I . .1
---
.
~\
r<;
'-"--
...... ...
l
~
I~
\ -,
~ I -
., --
-"
· '1:-
A.:ll1'v'
-
!l
'?,I i
--
.
"l .
-.-.1..311'9 ~
II ~.
3flN3AV NOS('JO~3::1
"" ......
II .~ ft' If-d.:-..
-
11100'I.,......-
II ~!I I .
-
..
3flN3/IV OSSVl
.........
(
l
.--==--------==---
;:
'/
~
:::
~
/'
:::
:::
;::::
;::::
;
/'
;::::
:::
;
~
;::::
~
;.::
;:
I1111 I1I1I '/
;::::
:::
;::::
;::::
:::
;::::
/'
\\\\\\\\\J L':,,\\\\\\\\\\
\ \\\ \\\ \\1
%
'b @
..
%
@
I
I
:::
I
1\\\\\\\\\\\
rr:',,~ ~ ~
\~~~" ~ /'
<~)"::: ;::::
1I11I I1I1I ~ ~
I11I1 11111
:::
;::::
~
;::
---.-- /'
:::
'3^ 'V N'VldS'V;)
%
%
.
;:::
/
:3
:::
/'
;::::
:::
;::::
:::
\\\\\\\\\\J
\\\\\\\\\\] 1\\\\\\\\\'\
L':,,\\\\\\\\\
IIII II1I
~ 11111111
:::
/'
::;
/":
::
/'
/'
"3^Vi'r
LU
Z
~
'bt
(J)
LlJ
::J
o
%LU
.
%
).. 'V N\')f'd'V d m::I3no
. "
~.
....
p
.
'---.
%
%
I
I
%
%
.
~
<(
...J
Z
:;!;
0::
f--
(1)
UJ
::)
o
UJ
1(
m ~-r---~'- ~
@
@
I
I
@
I I
:r
-
--
e-----
-
-
-
-
'--
-
-
I
I
:r
I I
/~
LlJ
~
~
c2
f--
'b
..
.......'\' ,_ I
~ ~l ~
--=- --- --
,~.:t:...
"i)' () ')
=" - --'
~~~
~~c.p
cj
G:
~
u
o
!oJ
0::
~
....
V>
....
J:
'"
i;j
J:
b
'"
V>
o
<(
!oJ
J:
::l
0::
<(
N
/::!
~ ii5
"- I
o
...: {
~~
15 ~
n. I
<(
6l ~
<( I
>
!oJ I
V> ..,
Z '"
!oJ V>
...J I
o
on
.V>
~ ~
~ "- 4:
<( Q. ::l
~ ~ ~
<) ...J _
~
a:
...J
<(
....
f?
on
...J
o
CD
~
V>
..~._------
f;.w
z
.:s
a::
LlJ
~ ~
<;-
..
<;-
8
'"
,II
-
J--
v I J
Q
C\1
<>
!oJ
0::
~
'"
o
!oJ
0::
~ ~
....
V>
o
!oJ
0::
~
V>
in
,..:
~
in U
,..:
C\1
in
,..:
N
~co
N C\1
N
)(
....
'"
CD
I
CD
i
"-
~
I
<(
~
I
>
I
..,
'"
V>
I
o
on
V>
::l
<>
I
J:
::l
I
o
5?
-
/::! <c
",C\1
CD
I
CD
i~Z
*cn<c
.l:<c......:l
~::r::~
>
~~~
~cnt:
::l
%~cn
~OE-
OQ::r::
a:2Jo
:~:::3
Q.
/::!
'"
CD
I
~
I
"-
..,
::l
V>
I
<(
i
o
::!.
I
(;
V>
I
o
on
V>
::l
o
I
J:
::l
I
o
....
a:
a:
;;;
~~E-
!oJ
~~
E-~
><~
<CE-
cocn
...
tD
o
'----.
C'J
'----.
o
..-I
~
<(
u
V>
€:
<)
'"
w
V>
<(
J:
~
....
z
w
:l!
~
g
!oJ
<>
U
n.
,..
CD
<>
w
G:
8
::l
~
<)
~
;:
<)
0::
<(
13
v;
!oJ
<>
~
>=
<(
l5
!1i
d
u
,..
CD
<>
~
Q.
!oJ
0::
Q.
,..
::l
<(
z
G
~
III
~ooIJ.N\.8.1.claoNOO' "'I'I'W-;a . na:_ c_> xv... . CMoC...... c_>
.o::1WO-_ '.11\I .~ . .o::et>08 xoe COd . 0 l!iIJXI8 . OY~ J.N't'I;ID oea.
~ONSVHd I.. ~1.l.1 ~
\il\ilNO" 'N\irGzoa I ~W WI
SMOO\f3" l:l3..00f8
OM! 3S\fHd g '" en
NOLLOnw.8NOO ~0::I10N - A~\fNIV'41l3~d
(\J
I
a.
~ Sl0311HOI:fv
NOIS3G
3AI1'l808'11100
-~ ......_-,
"
. ------- - (~
-- . ,
-, ...-. ____n m,.,.,. -- -..- .-
I- - ____L
w
w - ......--- --- ----- -..--- -.- ----.-- - - -
0:::
I-
(f) ~" ,-
w
0 -----.-
~.,.-- -.-,---,-.----
I
:i: 1-----.- -..---
~
n. -.--- .
-..--... --- - - -.-. -- - .-.- -
,---- ..-- - - ---.- r---- ----- --
-- - --....- ---
.". ----.-
--".- -.--..----
~'".,_.
-, ;- W
,
1--'------ -- 1---'-- ----
, "l;Ij CJ) "3^V NVldSV:J 00 Ir)"
0 0 0 ~~W ~ 00 0
0 . . . . 0 . . . . . . ,
. A ,0;"""1
:1:C\J ;:. 0 ~~~ -. 0 ..
..,,1'<:.... ~hl, ~ ,
I- g~th ~ ...;l!~ ~ .~~ si:ti
(f) ~, , ,t~1 911\ -"."m'
>- ~--~,t'trL-i 0... ~~ ... '" -~ "'~ :N ~ ~~:II
S. :II ,.& ~ ~_,'" S.r.. b~:h
~ <O~ ....J"I' .;'" ,;;/;I!I gd'l
EXHIBIT C - Legal Descriptions
Sub-Phase 2A - Plat
Situated in the South Y:z of Section 34, Township 1 South, Range 5 East, P.M.,M. and the
Northwest % of Section 3, Township 2 South, Range 5 East, P.M.,M., Gallatin County, Montana
and being part of Tracts 2A, 3A and 4A of COS 2202A conveyed to Baxter Meadows
Development, L.P., being more particularly described as follows:
Commencing at the Southeast corner of section 34; thence South 89'41'57" West 1150.00 Feet;
Thence South 00'18'03" East 50.00 Feet to the point of Beginning of Phase IIA;
Thence South 89'41'57" West 499.31 Feet along Tract 4A and 3A (COS 2202A);
Thence the following two (2) courses along the easterly line of Baxter Meadows Subdivision
P.U.D. Phase 1;
1. North 00'18'03" West, 760.00 Feet;
2. South 89'42'47" West, 107.50 Feet;
Thence the following four (4) courses through Tract 2A (COS 2202A);
1. North 05'08'28" West, 455.35 Feet
2. North 89'47'25" East, 240.23 Feet
3. North 14'23'54" East, 16.16 Feet
4. North 89'41'57" East, 400.90 Feet
Thence South 00'18'03" East, 1229.00 Feet Through Tract 2A and 4A (CaS 2202A) to the point
of beginning containing 15.372 Acres of land, more or less, all as shown on the attached
drawing (Attachment A) and made part of this legal description and is subject to all easements
and right of way of record.
Sub-Phases 2B. C & D - Plat
Two parcels of land, said parcels being portions of Tract 2A of Certificate of Survey No. 2202A,
said parcels being located in the Southeast Quarter and in the Southwest Quarter of Section 34,
Township 1 South, Range 5 East, P.M.M., City of Bozeman, Gallatin County, Montana, and
being more particularly described as follows:
SUB-PHASE 2B:
Beginning at the northwest corner of Linear Park of the Final Plat of Baxter Meadows, Phase
IIA, said corner being a point on the centerline of an existing irrigation ditch; thence northerly
along the centerline of said ditch, said centerline being approximately dimensioned by the
following 8 courses:
North 03057'17" West, a distance of 100.31 feet; North 01031'51" East, a distance of 80.56 feet;
North 2r52'13" East, a distance of 87.85 feet; North 39029'45" East, a distance of 106.74 feet;
North 1 r55'37" East, a distance of 51.87 feet; North 01019'34" West, a distance of 1 00.29 feet;
North 04031'49" East, a distance of 41.93 feet; North 14004'05" East, a distance of 1 08.70 feet;
thence North 89041'57" East, a distance of 213.08 feet; thence along a non-tangent curve to the
right with an arc length of 152.38 feet, a radius of 270.00 feet, a delta angle of 32020'09", a
chord bearing of South 01046'10" East, and a chord length of 150.36 feet; thence South
14023'54" West, a distance of 487.11 feet to the northwest corner of the right of way at the
intersection of Galloway Street and Vaquero Parkway as dedicated in said Phase IIA plat;
thence South 14030'13" West, along the westerly line of said Vaquero Parkway, a distance of
16.15 feet; thence South 89047'34" West, along the north line of said Linear Park, a distance of
240.12 feet to the Point of Beginning. Phase 2B contains 3.677 acres, more or less.
SUB-PHASES 2C & 2D:
Beginning at the northwest corner of Linear Park of the Final Plat of Baxter Meadows, Phase
IIA; thence South 05007'47" East, along the easterly line of said park, a distance of 455.42 feet
to the north line of Equestrian Lane as dedicated on the Final Plat of Baxter Meadows
Subdivision P.U.D. Phase I; thence South 89041'57" West, along said north line, a distance of
1265.26 feet; thence North 00017'46" West, along the easterly line of Private Open Space B of
said Phase I plat and along the northerly extension of said easterly line, a distance of 1022.00
feet; thence North 89041'57" East, a distance of 433.30 feet to the east line of a Public Street
and Utility Easement for Ferguson Avenue as recorded on Document #2103143; thence South
00020'56" West, along said east line, a distance of 568.04 feet; thence North 89041'57" East, a
distance of 749.63 feet; thence North 89055'18" East, a distance of 50.35 feet to the Point of
Beginning. Phases 2C & 2D, as a single parcel, contains 18.595 acres, more or less.
The described parcels are along with and subject to any existing easements. The described
parcels will be as shown on a forthcoming final plat.
AFFIDAVIT OF MAILING
STATE OF MONTANA )
: ss
County of Gallatin )
Robin L. Sullivan, being first duly sworn, says:
That I deposited a copy of the Notice in Re to the owners in Special I mprovement Lighting
District No. 685, as listed in Exhibit "0", in the U.S. Post Office at Bozeman, Montana, on
Tuesday, October 18, 2005, directed to the owners at the addresses shown on Exhibit "0".
ROBIN L. SULLIVAN
City Clerk
Subscribed and sworn to before me this 18th day of October 2005.
(Notarial Seal)
Printed name
Notary Public for the State of Montana
Residing at Bozeman, Montana
My Commission expires:
EXHIBIT D
LISTING OF PROPERTY WITHIN DISTRICT
WITH ESTIMATED ASSESSMENTS
BAXTER MEADOWS SUBDIVISION - SUB-PHASE 2A
Name Address Leaal DescrlDtlon Sa. Fta. Estimated Assess
Baxter Meadows Development, L.P. P.O. Box 81487, Billinas, MT 59108-1487 Lot 1, Block 16 18,366.52 $320.22
Baxter Meadows Development, L.P. P.O. Box 81487, BillinQs, MT 59108-1487 Lot 2, Block 16 10,757.84 $187.56
Baxter Meadows Development, L.P. P.O. Box 81487, Billinas. MT 59108-1487 Lot 3, Block 16 15,403.53 $268.56
Baxter Meadows Development, L. P. P.O. Box 81487, Billinas, MT 59108-1487 Lot 4, Block 16 12,390.40 $216.03
Baxter Meadows Development, L. P. P.O. Box 81487, Billinas, MT 59108-1487 Lot 5, Block 16 13.391.40 $233.48
Baxter Meadows Development. L.P. P.O. Box 81487, Billinas, MT 59108-1487 Lot 6, Block 16 14.092.28 $245.70
Baxter Meadows Development. L.P. P.O. Box 81487, Billinas. MT 59108-1487 Lot 7, Block 16 13.076.42 $227.99
Darrell Swanson 3701 Trakker Trail Unit 1 C Bozeman, MT Lot 1, Block 18 5,056.33 $88.16
59718
Baxter Meadows Development, L.P. P.O. Box 81487, Billinas. MT 59108-1487 Lot 2, Block 18 5,406.77 $94.27
Baxter Meadows Development, L.P. P.O. Box 81487, BillinQs, MT 59108~1487 Lot 3, Block 18 6,023.54 $105.02
Baxter Meadows Development, L.P. P.O. Box 81487, Billinas, MT 59108-1487 Lot 4, Block 18 5,907.40 $103.00
Baxter Meadows Development, L. P. P.O. Box 81487, Billinas, MT 59108-1487 Lot 5, Block 18 5,289.62 $92.22
Baxter Meadows Development, L.P. P.O. Box 81487, Billinas, MT 59108-1487 Lot 6, Block 18 5,288.15 $92.20
Baxter Meadows Development, L.P. P.O. Box 81487, Billinas, MT 59108-1487 Lot 7, Block 18 6,505.83 $113.43
Baxter Meadows Development, L.P. P.O. Box 81487, Billinas, MT 59108-1487 Lot 8. Block 18 6,505.83 $113.43
Baxter Meadows Development, L.P. P.O. Box 81487, Billinas, MT 59108-1487 Lot 9, Block 18 8,051.97 $140.39
Sven Allberg - Trakker Building 3701 Trakker Trail Bozeman, MT 59718 Lot 10, Block 18 19,111.49 $333.21
Owners Assoc
Baxter Meadows Development, L.P. P.O. Box 81487, Billinas, MT 59108-1487 Lot 1, Block 20 5,135.15 $89.53
Baxter Meadows Development, L.P. P.O. Box 81487, Billinas, MT 59108-1487 Lot 2, Block 20 5,734.85 $99.99
Baxter Meadows Development, L. P. P.O. Box 81487, Billinas. MT 59108-1487 Lot 3, Block 20 6.711.14 $117.01
Baxter Meadows Development, L.P. P.O. Box 81487, Billinas. MT 59108-1487 Lot 4, Block 20 4,956.40 $86.41
Baxter Meadows Development, L.P. P.O. Box 81487, Billinas. MT 59108-1487 Lot 5, Block 20 5,474.16 $95.44
Baxter Meadows Development, L.P. P.O. Box 81487, Billinas. MT 59108-1487 Lot 6, Block 20 5,474.16 $95.44
Baxter Meadows Development, L.P. P.O. Box 81487. Billinas, MT 59108-1487 Lot 7. Block 20 5,311.85 $92.61
Baxter Meadows Development, L.P. P.O. Box 81487, Billinas, MT 59108-1487 Lot 8, Block 20 5,679.95 $99.03
Baxter Meadows Development, L.P. P.O. Box 81487, Billinas. MT 59108-1487 Lot 9, Block 20 6,327.55 $110.32
Baxter Meadows Development, L.P. P.O. Box 81487, Billinas. MT 59108-1487 Lot 10, Block 20 6,204.58 $108.18
Baxter Meadows Development, L.P. P.O. Box 81487, Billinas, MT 59108-1487 Lot 11, Block 20 5,557.06 $96.89
Baxter Meadows Development, L.P. P.O. Box 81487, BillinQs, MT 59108-1487 Lot 12, Block 20 5,557.06 $96.89
238,749.23 $4,162.59
EXHIBIT D
BAXTER MEADOWS SUBDIVISION ~ SUB~PHASE 2B
Name
Address
S . Ft .
Estimated Assess
Baxter Meadows Develo ment, L.P. P.O. Box 81487, Billin s, MT 59108-1487
Lot 1, Block 15
293,933
$5,124.71
293,933
$5,124.71
BAXTER MEADOWS SUBDIVISION ~ SUB~PHASE 2C
Name Address leaal DescriDtion Sa. Fta. Estimated Assess
Baxter Meadows Development, L.P. P.O. Box 81487, Billinas, MT 59108~1487 Lot 1, Block 9 6,600 $115.07
Baxter Meadows Development, L.P. P.O. Box 81487, Billinas, MT 59108~1487 Lot 2, Block 9 6,559 $114.36
Baxter Meadows Development, L.P. P.O. Box 81487, Billin!~s, MT 59108~1487 Lot 3, Block 9 6,560 $114.37
Baxter Meadows Development, L.P. P.O. Box 81487, Billinas, MT 59108~1487 Lot 4, Block 9 7,138 $124.45
Baxter Meadows Development, L.P. P.O. Box 81487, Billinas, MT 59108~1487 Lot 5, Block 9 7,139 $124.46
Baxter Meadows Development, L.P. P.O. Box 81487, Billinas, MT 59108-1487 Lot 6, Block 9 7,139 $124.47
Baxter Meadows Development, L.P. P.O. Box 81487, Billinas, MT 59108-1487 Lot 7, Block 9 7,140 $124.49
Baxter Meadows Development, L.P. P.O. Box 81487, BillinQs, MT 59108~1487 Lot 8, Block 9 7,141 $124.50
Baxter Meadows Development, L.P. P.O. Box 81487, Billinas MT 59108~1487 Lot 9, Block 9 7,141 $124.51
Baxter Meadows Development, L.P. P.O. Box 81487, Billinas, MT 59108-1487 Lot 10, Block 9 7,142 $124.52
Baxter Meadows Development, L.P. P.O. Box 81487, Billinas, MT 59108-1487 Lot 11, Block 9 7,225 $125.97
Baxter Meadows Development, L.P. P.O. Box 81487, Billinas, MT 59108~1487 Lot 1, Block 10 6,107 $106.48
Baxter Meadows Development, L.P. P.O. Box 81487, Billinas, MT 59108-1487 Lot 2, Block 10 9,062 $158.00
Baxter Meadows Development, L.P. P.O. Box 81487, Billinas, MT 59108~1487 Lot 3, Block 10 8.373 $145.97
Baxter Meadows Development, L.P. P.O. Box 81487, Billinas, MT 59108-1487 Lot 4, Block 10 8,373 $145.97
Baxter Meadows Development, L.P. P.O. Box 81487, Billinas, MT 59108~1487 Lot 5, Block 10 9,062 $158.00
Baxter Meadows Development, L.P. P.O. Box 81487, BillinQs, MT 59108~1487 Lot 6, Block 10 6,107 $106.48
Baxter Meadows Development, L.P. P.O. Box 81487, Billinas, MT 59108-1487 Lot 7, Block 10 6,279 $109.47
Baxter Meadows Development, L.P. P.O. Box 81487, Billinas, MT 59108-1487 Lot 8, Block 10 9,237 $161.05
Baxter Meadows Development, L.P. P.O. Box 81487, Billinas, MT 59108-1487 Lot 9, Block 10 8,449 $147.31
Baxter Meadows Development, L.P. P.O. Box 81487. Billinas, MT 59108~1487 Lot 10, Block 10 8,338 $145.37
Baxter Meadows Development, L.P. P.O. Box 81487, Billinas, MT 59108-1487 Lot 11, Block 10 8,932 $155.73
Baxter Meadows Development, L.P. P.O. Box 81487, Billinas, MT 59108~1487 Lot 12, Block 10 5,965 $104.00
Baxter Meadows Development, L.P. P.O. Box 81487, Billinas, MT 59108-1487 Lot 1, Block 11 9,407 $164.01
Baxter Meadows Development, L.P. P.O. Box 81487, Billinas, MT 59108-1487 Lot 2, Block 11 9,407 $164.01
Baxter Meadows Development, L.P. P.O. Box 81487, Billinas, MT 59108-1487 Lot 3, Block 11 9,407 $164.01
Baxter Meadows Development, L. P. P.O. Box 81487, Billinas, MT 59108-1487 Lot 4, Block 11 9,407 $164.01
Baxter Meadows Development, L. P. P.O. Box 81487. Billinas, MT 59108-1487 Lot 5, Block 11 9,616 $167.65
EXHIBIT D
Baxter Meadows Develo ment, L.P.
Baxter Meadows Develo ment, L. P.
Baxter Meadows Develo ment, L. P.
P.O. Box 81487, Billin s, MT 59108-1487
P.O. Box 81487, Billin s, MT 59108-1487
P.O. Box 81487, Billin s, MT 59108-1487
Lot 6, Block 11
Lot 7, Block 11
Lot 8, Block 11
9,506
9,396
9,286
$165.74
$163.82
$161.90
246,638
$4,300.12
BAXTER MEADOWS SUBDIVISION - SUB-PHASE 2D
Name Address leaal DescriDtion Sa. Fta. Estimated Assess
Baxter Meadows Development, L.P. P.O. Box 81487, Billinas, MT 59108~1487 Lot 1, Block 12 5,323 $92.81
Baxter Meadows Development, L.P. P.O. Box 81487, Billinas, MT 59108~1487 Lot 2, Block 12 5,351 $93.29
Baxter Meadows Development, L.P. P.O. Box 81487, Billings, MT 59108~1487 Lot 3, Block 12 5,379 $93.78
Baxter Meadows Development, L.P. P.O. Box 81487, Billinas, MT 59108-1487 Lot 4, Block 12 5,408 $94.29
Baxter Meadows Development, L.P. P.O. Box 81487, Billinas, MT 59108-1487 Lot 5, Block 12 5,436 $94.78
Baxter Meadows Development, L. P. P.O. Box 81487, Billinas, MT 59108~1487 Lot 6, Block 12 5,445 $94.93
Baxter Meadows Development, L.P. P.O. Box 81487, Billinas. MT 59108~1487 Lot 7, Block 12 9,651 $168.27
Baxter Meadows Development, L.P. P.O. Box 81487. Billings, MT 59108~1487 Lot 8, Block 12 3,502 $61.06
Baxter Meadows Development, L.P. P.O. Box 81487, Billinas, MT 59108~1487 Lot 9, Block 12 3,240 $56.49
Baxter Meadows Development, L.P. P.O. Box 81487, Billings, MT 59108-1487 Lot 10, Block 12 3,240 $56.49
Baxter Meadows Development, L.P. P.O. Box 81487, Billinas, MT 59108-1487 Lot 11, Block 12 5,250 $91.53
Baxter Meadows Development, L.P. P.O. Box 81487, Billinas, MT 59108-1487 Lot 12, Block 12 5,250 $91.53
Baxter Meadows Development, L.P. P.O. Box 81487, Billinas, MT 59108~1487 Lot 13, Block 12 5,250 $91.53
Baxter Meadows Development, L.P. P.O. Box 81487, Billinas, MT 59108~1487 Lot 14, Block 12 5,250 $91.53
Baxter Meadows Development, L.P. P.O. Box 81487, Billings, MT 59108-1487 Lot 15, Block 12 5,250 $91.53
Baxter Meadows Development, L. P. P.O. Box 81487, Billinas, MT 59108-1487 Lot 16, Block 12 5,412 $94.35
Baxter Meadows Development, L. P. P.O. Box 81487, Billinas, MT 59108~1487 Lot 1, Block 13 3,102 $54.08
Baxter Meadows Development. L.P. P.O. Box 81487, Billings. MT 59108~1487 Lot 2, Block 13 2,772 $48.33
Baxter Meadows Development, L.P. P.O. Box 81487, Billinas, MT 59108~1487 Lot 3, Block 13 2,772 $48.33
Baxter Meadows Development, L.P. P.O. Box 81487, Billings, MT 59108~1487 Lot 4, Block 13 2,758 $48.08
Baxter Meadows Development, L.P. P.O. Box 81487, Billinas, MT 59108-1487 Lot 5, Block 13 5,648 $98.48
Baxter Meadows Development, L.P. P.O. Box 81487, Billinas, MT 59108-1487 Lot 6, Block 13 2,690 $46.91
Baxter Meadows Development, L.P. P.O. Box 81487, Billinas, MT 59108~1487 Lot 7, Block 13 2,772 $48.33
Baxter Meadows Development, L.P. P.O. Box 81487, Billinas, MT 59108~1487 Lot 8, Block 13 2,772 $48.33
Baxter Meadows Development, L.P. P.O. Box 81487, Billings, MT 59108-1487 Lot 9, Block 13 2,772 $48.33
Baxter Meadows Development, L.P. P.O. Box 81487, Billinas, MT 59108-1487 Lot 10, Block 13 2,772 $48.33
Baxter Meadows Development, L. P. P.O. Box 81487. Billinas. MT 59108-1487 Lot 11, Block 13 2,671 $46.56
Baxter Meadows Development, L.P. P.O. Box 81487. Billinas, MT 59108-1487 Lot 12, Block 13 4,691 $81.79
Baxter Meadows Development, L. P. P.O. Box 81487, Billings, MT 59108-1487 Lot 13, Block 13 2,934 $51.15
Baxter Meadows Development, L.P. P.O. Box 81487, Billinas, MT 59108-1487 Lot 14, Block 13 3,024 $52.72
Baxter Meadows Development, L. P. P.O. Box 81487 Billinas, MT 59108-1487 Lot 15, Block 13 3,024 $52.72
EXHIBIT D
Baxter Meadows Development, L.P. P.O. Box 81487, Billinas, MT 59108~1487 Lot 16, Block 13 3,384 $59.00
Baxter Meadows Development, L.P. P.O. Box 81487, Billinas, MT 59108-1487 Lot 17, Block 13 2,478 $43.20
Baxter Meadows Development, L.P. P.O. Box 81487. Billinas, MT 59108-1487 Lot 18, Block 13 2,478 $43.20
Baxter Meadows Development, L.P. P.O. Box 81487, Billinas, MT 59108~1487 Lot 19, Block 13 2,967 $51.72
Baxter Meadows Development, L. P. P.O. Box 81487, Billinas, MT 59108~1487 Lot 20, Block 13 2,814 $49.06
Baxter Meadows Development, L.P. P.O. Box 81487, Billinas, MT 59108-1487 Lot 21, Block 13 2,814 $49.06
Baxter Meadows Development, L.P. P.O. Box 81487. Billinas. MT 59108~1487 Lot 22, Block 13 2,814 $49.06
Baxter Meadows Development, L.P. P.O. Box 81487, Billinas, MT 59108-1487 Lot 23, Block 13 2,967 $51.72
Baxter Meadows Development, L.P. P.O. Box 81487, Billinas, MT 59108-1487 Lot 24, Block 13 2,478 $43.20
Baxter Meadows Development, L.P. P.O. Box 81487, Billinas, MT 59108-1487 Lot 25, Block 13 2,478 $43.20
Baxter Meadows Development, L.P. P.O. Box 81487, Billinas, MT 59108~1487 Lot 1, Block 14 16,458 $286.94
Baxter Meadows Development, L.P. P.O. Box 81487. Billinas, MT 59108-1487 Lot 2, Block 14 16,458 $286.94
Baxter Meadows Development, L.P. P.O. Box 81487, Billinas, MT 59108~1487 Lot 3, Block 14 16,458 $286.94
Baxter Meadows Development, L.P. P.O. Box 81487, Billinas, MT 59108-1487 Lot 4, Block 14 15,350 $267.63
223,205 $3,891.59
S.F.
Acres
1,002,524.68
23.01
$17,479.02
CERTIFICATE AS TO RESOLUTION AND ADOPTING VOTE
I, the undersigned, being the duly qualified and acting recording officer of the City of Bozeman,
Montana (the "City"), hereby certify that the attached resolution is a true copy of Resolution No. 3871,
entitled: "A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA,
RELATING TO SPECIAL IMPROVEMENT LIGHTING DISTRICT NO. 685 (BAXTER MEADOWS
SUBDIVISION PUD, PHASES 2A, 2B, 2C AND 2D) DECLARING IT TO BE THE INTENTION OF THE
CITY COMMISSION TO CREATE THE DISTRICT FOR THE PURPOSE OF INSTALLING AND
MAINTAINING LIGHTING IMPROVEMENTS AND ASSESSING THE COSTS FOR INSTALLATION,
OWNERSHIP, MAINTENANCE AND ENERGY THEREFOR TO BENEFITTED PROPERTY BY THE
LEVY OF SPECIAL ASSESSMENT." (the "Resolution"), on file in the original records of the City in my
legal custody; that the Resolution was duly adopted by the City Commission of the City at a meeting on
October 17, 2005, and that the meeting was duly held by the City Commission and was attended
throughout by a quorum, pursuant to call and notice of such meeting given as required by law; and that
the Resolution has not as of the date hereof been amended or repealed.
I further certify that, upon vote being taken on the Resolution at said meeting, the following
Commissioners voted in favor thereof: Commissioner Younaman. Commissioner Kirchhoff.
Commissioner Hietala. Commissioner Krauss and Mavor Cetraro ; voted against the same: None;
abstained from voting thereon: None ; or were absent: None
WITNESS my hand officially this 18th day of October, 2005.
~~.~~
City Clerk