HomeMy WebLinkAbout11-19-18 City Commission Packet Materials - C10. Res 4970, Creation of SILD 749 for West Winds SW Subdivision
Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Laurae Clark, City Treasurer Kristin Donald, Finance Director
SUBJECT: Resolution 4970 / Intent to create a Special Improvement Lighting District #749
for West Winds SW Subdivision MEETING DATE: November 19, 2018
AGENDA ITEM TYPE: Consent
RECOMMENDATION: Approve Commission Resolution No. 4970/Intent to create Special Improvement Lighting District #749 for West Winds SW Subdivision
BACKGROUND: 7-12-4301. Special improvement districts for lighting streets authorized.
(1) The council of any city or town is authorized to: (a) create special improvement districts embracing any street or streets or public highway therein or portions thereof and property adjacent thereto or property which may be declared by said council to be
benefited by the improvement to be made for the purpose of lighting such street or streets or public
highway;
(b) require that all or any portion of the cost of installing and maintaining such lighting system be paid by the owners of the property embraced within the boundaries of such districts; and (c) assess and collect such portion of such cost by special assessment against said property.
(2) The governing body may create special lighting districts on any street or streets or public
highway for the purpose of lighting them and assess the costs for installation and maintenance to
property abutting thereto and collect the costs by special assessment against the property
FISCAL EFFECTS: As a result of creating this lighting district, the City will pay the associated
power bills and schedule system maintenance. We will recover these costs by billing property owners
each year on their City Assessment bill. It is estimated to cost $9.92 per acre within the district or
$78.36 annually for the entire district. ALTERNATIVES: As suggested by the City Commission.
Attachment: Resolution No.4970 Report compiled on October 31, 2018
136
Page 1 of 10
COMMISSION RESOLUTION NO. 4970
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, RELATING TO SPECIAL IMPROVEMENT LIGHTING DISTRICT NO.
749 (WEST WINDS SW SUBDIVISION) DECLARING IT TO BE THE INTENTION OF
THE CITY COMMISSION TO CREATE THE DISTRICT FOR THE PURPOSE OF
MAINTAINING LIGHTING IMPROVEMENTS AND ASSESSING THE COSTS OF
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; Proposed Improvements. 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 West Winds SW Subdivision (the
“District”) for the purpose of maintenance and energy costs. The district will pay the maintenance
and energy costs for one (1) Phillips Lumec RFL RoadFocus 207 watt LED Cobra Head luminaire
on a tapered upsweep arm mounted on a 40’ pole. The pole shaft is fabricated from standard 11
gauge steel which is powder coated in hunter green and mounted on a 9" concrete foundation (the
“Fixture”). The initial monthly charge per fixture per month (the “Monthly Charge”) is estimated
as follows: $6.53 per 207 watt fixture for a total of $6.53 per month or $78.36 annually.
Section 2
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Resolution 4970, Intent to Create Lighting District 749, West Winds SW Subdivision
Page 2 of 10
Number of District. The District, if the same shall be created and established, shall be known and
designated as Special Improvement Lighting District No. 749 (West Winds SW Subdivision) 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 A 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 B hereto (which is hereby incorporated herein and
made a part hereof).
Section 4
Benefited Property. The District and territory included within the limits and boundaries described
in Section 3 and as shown on Exhibit A are hereby declared to be the special lighting district and
the territory which will benefit and be benefited 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 benefited by the Improvements.
Section 5
Assessment Methods. All properties within the District are to be assessed for a portion of the
maintenance and energy costs, as specified herein. The maintenance and energy costs shall be
assessed against the property in the District benefiting, based on the actual area method of
assessment described in Sections 7-12-4323, MCA, as particularly applied and set forth in this
Section 5. The annual maintenance and energy costs are estimated at $78.36, 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 7.905 acres, or 344,340
square feet, exclusive of parks and open space. The initial costs of the Improvements per acre shall
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Resolution 4970, Intent to Create Lighting District 749, West Winds SW Subdivision
Page 3 of 10
be $9.92 or $0.00022 per square foot annually.
Section 6
Payment of Assessments. Special assessments for the annual maintenance and energy costs are
estimated at $78.36, 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. The first year of special assessment billing
will include an additional amount not to exceed $500.00 for publication and mailing associated
with creation of the District which shall be assessed in the same manner as the Improvements
resulting in a cost not to exceed $73.16 per acre, or $0.00166 per square foot.
Section 7
Extraordinary Repair or Replacement. The maintenance and energy costs and assessments set forth
in Section 1 and 5 are based on normal conditions and do not cover charges for repair and/or
replacement. The City may make an additional charge to the District 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. 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 the 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
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Resolution 4970, Intent to Create Lighting District 749, West Winds SW Subdivision
Page 4 of 10
contract.
Section 9
Public Hearing; 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 maintenance and
energy may make and file with the City Clerk until 5:00 p.m., M.T., on the expiration date of said
15-day period (December 10, 2018) written protest against the proposed maintenance and energy
costs, 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 December 17, 2018 in the Commission Room at City Hall, 121 N Rouse
Avenue.
Section 10
Notice of Passage 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 November 25, 2018 and
December 2, 2018 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.
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Resolution 4970, Intent to Create Lighting District 749, West Winds SW Subdivision
Page 5 of 10
PASSED, ADOPTED, AND APPROVED by the City Commission of the City of
Bozeman, Montana, at a regular session thereof held on the 19th of November, 2018.
___________________________________
CYNTHIA L. ANDRUS Mayor
ATTEST:
____________________________________
ROBIN CROUGH
City Clerk APPROVED AS TO FORM:
___________________________________
GREG SULLIVAN City Attorney
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Resolution 4970, Intent to Create Lighting District 749, West Winds SW Subdivision
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. 4970, entitled: “A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF BOZEMAN, MONTANA, RELATING TO SPECIAL IMPROVEMENT LIGHTING
DISTRICT NO. 749 (WEST WINDS SW SUBDIVISION) DECLARING IT TO BE THE
INTENTION OF THE CITY COMMISSION TO CREATE THE DISTRICT FOR THE
PURPOSE OF MAINTAINING LIGHTING IMPROVEMENTS AND ASSESSING THE
COSTS FOR 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 of Bozeman at a meeting on November 19, 2018, 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: _____
____________________ ____________________________; voted against the
same: __________________ ; abstained from voting thereon: _______ ; or were
absent: ___________ .
WITNESS my hand officially this 20th day of November, 2018.
___________________________________
Robin Crough City Clerk
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Resolution 4970, Intent to Create Lighting District 749, West Winds SW Subdivision
NOTICE OF PASSAGE OF RESOLUTION OF INTENTION
TO CREATE SPECIAL IMPROVEMENT LIGHTING DISTRICT NO. 749
(WEST WINDS SW SUBDIVISION)
CITY OF BOZEMAN, MONTANA
NOTICE IS HEREBY GIVEN that on November 19, 2018, the City Commission (the
“Commission”) of the City of Bozeman, Montana (the “City”), adopted a Resolution of Intention
No. 4970 to create Special Improvement Lighting District No. 749 (the “District”) for the purpose
of maintaining lighting and assessing the cost for maintenance and energy to West Winds SW
Subdivision, and paying maintenance and energy costs relating thereto.
A complete copy of the Resolution of Intention (the “Resolution”) No. 4970 is on file
with the City Clerk which more specifically describes the nature of the costs, 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. The Resolution and accompanying exhibits may be also
viewed on the City’s website at www.bozeman.net.
The district will pay the maintenance and energy costs for one (1) Phillips Lumec RFL RoadFocus
207 watt LED Cobra Head luminaire on a tapered upsweep arm mounted on a 40’ pole. The pole
shaft is fabricated from standard 11 gauge steel which is powder coated in hunter green and
mounted on a 9" concrete foundation (the “Fixture”). The initial monthly charge per fixture per
month (the “Monthly Charge”) is estimated as follows: $6.53 per 207 watt fixture for a total of
$6.53 per month or $78.36 annually.
All properties in the District will be assessed for their proportionate share of the costs of
the Improvements on an area basis annually and will be payable in equal semiannual installments.
The annual costs of the Improvements at the initial Monthly Charge are $78.36
per year for the entire District. The total area of the District to be assessed is 7.905 acres, or 344,340
square feet, exclusive of parks and open space. The initial costs of the Improvements per acre shall
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Resolution 4970, Intent to Create Lighting District 749, West Winds SW Subdivision
be $9.92 or $0.00022 per square foot annually.
On an average size lot of 4,783 square feet the annual estimated cost would be $1.05 is
payable semiannually. 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. The first year of special assessment billing will include an additional
amount not to exceed $500.00 for publication and mailing associated with creation of the District
which shall be assess in the same manner as the Improvements resulting in a cost not to exceed
$73.16 per acre, or $.00166 per square foot.
On Monday, December 17, 2018 at 6:00 p.m., in the Commission Room at City Hall
121 N Rouse Ave, Bozeman, Montana, the City Commission will conduct a public hearing to
hear 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 costs 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 costs. Such protests must be delivered to the City
Clerk at City Hall, 121 N Rouse Ave, Bozeman, Montana not later than 5:00 p.m., M.T., on
Monday, December 10, 2018.
Further information regarding the proposed District or other matters in respect thereof
may be obtained from the City Clerk at City Hall, 121 N Rouse Ave, Bozeman, Montana or by
telephone at (406) 582-2320.
Dated this 21st day of November, 2018.
BY ORDER OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA.
_________________________________________
Robin Crough City Clerk
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Resolution 4970, Intent to Create Lighting District 749, West Winds SW Subdivision
Legal Ad
Publication Dates:
Sunday, November 25, 2018
Sunday, December 2, 2018
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Resolution 4970, Intent to Create Lighting District 749, West Winds SW Subdivision
COMMISSION RESOLUTION NO. 4970
Resolution of Intent to create SILD No. 749 for the purpose of maintaining lighting and
assessing the cost for maintenance and energy to West Winds SW Subdivision, and paying
maintenance and energy costs relating thereto.
AFFIDAVIT OF MAILING
STATE OF MONTANA )
: ss
County of Gallatin )
Robin Crough, City Clerk, being first duly sworn, says:
That I cause to be mailed first class a copy of the Notice in regards to the owners in Special
Improvement Lighting District No. 749, as listed in Exhibit "B", on Wednesday, November 21,
2018, directed to the owners at the addresses shown on Exhibit "B".
______________________________
Robin Crough
City Clerk
Subscribed and sworn before me this 21th day of November, 2018.
(Notarial Seal)
_______________________________
Printed name ___________________
Notary Public for the State of Montana
Residing at: see seal
My Commission expires: see seal
146
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Block Lot Address Sqft Owner Name Owner Address City, State Zip
1 1 Bora Way 3742 SID716 LLC 20 W Haley Springs Rd, Unit A Bozeman, MT 59718
1 2 Bora Way 3130 SID716 LLC 20 W Haley Springs Rd, Unit A Bozeman, MT 59718
1 3 Bora Way 3143 SID716 LLC 20 W Haley Springs Rd, Unit A Bozeman, MT 59718
1 4 Bora Way 3791 SID716 LLC 20 W Haley Springs Rd, Unit A Bozeman, MT 59718
1 5 Bora Way 3809 SID716 LLC 20 W Haley Springs Rd, Unit A Bozeman, MT 59718
1 6 Bora Way 3186 SID716 LLC 20 W Haley Springs Rd, Unit A Bozeman, MT 59718
1 7 Bora Way 3199 SID716 LLC 20 W Haley Springs Rd, Unit A Bozeman, MT 59718
1 8 Bora Way 3858 SID716 LLC 20 W Haley Springs Rd, Unit A Bozeman, MT 59718
1 9 Bora Way 3876 SID716 LLC 20 W Haley Springs Rd, Unit A Bozeman, MT 59718
1 10 Bora Way 3242 SID716 LLC 20 W Haley Springs Rd, Unit A Bozeman, MT 59718
1 11 Bora Way 3255 SID716 LLC 20 W Haley Springs Rd, Unit A Bozeman, MT 59718
1 12 Bora Way 3925 SID716 LLC 20 W Haley Springs Rd, Unit A Bozeman, MT 59718
1 13 Bora Way 3869 SID716 LLC 20 W Haley Springs Rd, Unit A Bozeman, MT 59718
1 14 Bora Way 3228 SID716 LLC 20 W Haley Springs Rd, Unit A Bozeman, MT 59718
1 15 Bora Way 3161 SID716 LLC 20 W Haley Springs Rd, Unit A Bozeman, MT 59718
1 16 Bora Way 3582 SID716 LLC 20 W Haley Springs Rd, Unit A Bozeman, MT 59718
2 1 Mistral Way 4358 SID716 LLC 20 W Haley Springs Rd, Unit A Bozeman, MT 59718
2 2 Mistral Way 3465 SID716 LLC 20 W Haley Springs Rd, Unit A Bozeman, MT 59718
2 3 Mistral Way 3465 SID716 LLC 20 W Haley Springs Rd, Unit A Bozeman, MT 59718
2 4 Mistral Way 3465 SID716 LLC 20 W Haley Springs Rd, Unit A Bozeman, MT 59718
2 5 Mistral Way 3465 SID716 LLC 20 W Haley Springs Rd, Unit A Bozeman, MT 59718
2 6 Mistral Way 4293 SID716 LLC 20 W Haley Springs Rd, Unit A Bozeman, MT 59718
3 1 Mistral Way 4293 SID716 LLC 20 W Haley Springs Rd, Unit A Bozeman, MT 59718
3 2 Mistral Way 3291 SID716 LLC 20 W Haley Springs Rd, Unit A Bozeman, MT 59718
3 3 Mistral Way 3225 SID716 LLC 20 W Haley Springs Rd, Unit A Bozeman, MT 59718
3 4 Mistral Way 3225 SID716 LLC 20 W Haley Springs Rd, Unit A Bozeman, MT 59718
3 5 Mistral Way 3225 SID716 LLC 20 W Haley Springs Rd, Unit A Bozeman, MT 59718
3 6 Mistral Way 3225 SID716 LLC 20 W Haley Springs Rd, Unit A Bozeman, MT 59718
3 7 Mistral Way 3225 SID716 LLC 20 W Haley Springs Rd, Unit A Bozeman, MT 59718
3 8 Mistral Way 3225 SID716 LLC 20 W Haley Springs Rd, Unit A Bozeman, MT 59718
3 9 Mistral Way 3291 SID716 LLC 20 W Haley Springs Rd, Unit A Bozeman, MT 59718
3 10 Mistral Way 4314 SID716 LLC 20 W Haley Springs Rd, Unit A Bozeman, MT 59718
4 1 Zephyr Way 6674 SID716 LLC 20 W Haley Springs Rd, Unit A Bozeman, MT 59718
4 2 Zephyr Way 4936 SID716 LLC 20 W Haley Springs Rd, Unit A Bozeman, MT 59718
4 3 Zephyr Way 4948 SID716 LLC 20 W Haley Springs Rd, Unit A Bozeman, MT 59718
4 4 Zephyr Way 4960 SID716 LLC 20 W Haley Springs Rd, Unit A Bozeman, MT 59718
4 5 Zephyr Way 4971 SID716 LLC 20 W Haley Springs Rd, Unit A Bozeman, MT 59718
4 6 Zephyr Way 4983 SID716 LLC 20 W Haley Springs Rd, Unit A Bozeman, MT 59718
4 7 Zephyr Way 4995 SID716 LLC 20 W Haley Springs Rd, Unit A Bozeman, MT 59718
West Winds SW Subdivision
West Winds Ph 4 & 5 Lot 4 / 5.554 acres - Acct #207360
West Winds Ph 4 & 5 Lot 2 / 2.832 acres - Acct #206870
West Winds Ph 4 & 5 Lot 3 / 2.596 acres - Acct #203990
149
4 8 Zephyr Way 5692 SID716 LLC 20 W Haley Springs Rd, Unit A Bozeman, MT 59718
5 1 New Holland Dr 7458 SID716 LLC 20 W Haley Springs Rd, Unit A Bozeman, MT 59718
5 2 New Holland Dr 5500 SID716 LLC 20 W Haley Springs Rd, Unit A Bozeman, MT 59718
5 3 New Holland Dr 5500 SID716 LLC 20 W Haley Springs Rd, Unit A Bozeman, MT 59718
5 4 New Holland Dr 5500 SID716 LLC 20 W Haley Springs Rd, Unit A Bozeman, MT 59718
5 5 New Holland Dr 5500 SID716 LLC 20 W Haley Springs Rd, Unit A Bozeman, MT 59718
5 6 New Holland Dr 5500 SID716 LLC 20 W Haley Springs Rd, Unit A Bozeman, MT 59718
5 7 New Holland Dr 5500 SID716 LLC 20 W Haley Springs Rd, Unit A Bozeman, MT 59718
5 8 New Holland Dr 7348 SID716 LLC 20 W Haley Springs Rd, Unit A Bozeman, MT 59718
5 9 Zephyr Way 7098 SID716 LLC 20 W Haley Springs Rd, Unit A Bozeman, MT 59718
5 10 Zephyr Way 5313 SID716 LLC 20 W Haley Springs Rd, Unit A Bozeman, MT 59718
5 11 Zephyr Way 5313 SID716 LLC 20 W Haley Springs Rd, Unit A Bozeman, MT 59718
5 12 Zephyr Way 5313 SID716 LLC 20 W Haley Springs Rd, Unit A Bozeman, MT 59718
5 13 Zephyr Way 5313 SID716 LLC 20 W Haley Springs Rd, Unit A Bozeman, MT 59718
5 14 Zephyr Way 5313 SID716 LLC 20 W Haley Springs Rd, Unit A Bozeman, MT 59718
5 15 Zephyr Way 5313 SID716 LLC 20 W Haley Springs Rd, Unit A Bozeman, MT 59718
5 16 Zephyr Way 7205 SID716 LLC 20 W Haley Springs Rd, Unit A Bozeman, MT 59718
6 1 Bora Way 7058 SID716 LLC 20 W Haley Springs Rd, Unit A Bozeman, MT 59718
6 2 Bora Way 5245 SID716 LLC 20 W Haley Springs Rd, Unit A Bozeman, MT 59718
6 3 Bora Way 5280 SID716 LLC 20 W Haley Springs Rd, Unit A Bozeman, MT 59718
6 4 Bora Way 5314 SID716 LLC 20 W Haley Springs Rd, Unit A Bozeman, MT 59718
6 5 Bora Way 5349 SID716 LLC 20 W Haley Springs Rd, Unit A Bozeman, MT 59718
6 6 Bora Way 5384 SID716 LLC 20 W Haley Springs Rd, Unit A Bozeman, MT 59718
6 7 Bora Way 5419 SID716 LLC 20 W Haley Springs Rd, Unit A Bozeman, MT 59718
6 8 Bora Way 7293 SID716 LLC 20 W Haley Springs Rd, Unit A Bozeman, MT 59718
6 9 New Holland Dr 7348 SID716 LLC 20 W Haley Springs Rd, Unit A Bozeman, MT 59718
6 10 New Holland Dr 5500 SID716 LLC 20 W Haley Springs Rd, Unit A Bozeman, MT 59718
6 11 New Holland Dr 5500 SID716 LLC 20 W Haley Springs Rd, Unit A Bozeman, MT 59718
6 12 New Holland Dr 5500 SID716 LLC 20 W Haley Springs Rd, Unit A Bozeman, MT 59718
6 13 New Holland Dr 5500 SID716 LLC 20 W Haley Springs Rd, Unit A Bozeman, MT 59718
6 14 New Holland Dr 5500 SID716 LLC 20 W Haley Springs Rd, Unit A Bozeman, MT 59718
6 15 New Holland Dr 5500 SID716 LLC 20 W Haley Springs Rd, Unit A Bozeman, MT 59718
6 16 New Holland Dr 7458 SID716 LLC 20 W Haley Springs Rd, Unit A Bozeman, MT 59718
343,340
150