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RESOLUTION 5388
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, RELATING TO SPECIAL IMPROVEMENT LIGHTING DISTRICT NO.
772 (BLACKWOOD GROVES) 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 Blackwood Groves (the
“District”) for the purpose of maintenance and energy costs. The district will pay the maintenance
and energy costs for four (4) Signify Lumec RoadFocus large LED Cobrahead 77 watt single
upsweep luminaires on round tapered steel poles, mounted at 30 feet per City of Bozeman
standards and nineteen (19) Signify Lumec RoadFocus medium LED Cobrahead 37 watt single
upsweep luminaires on round tapered steel poles, mounted at 30 feet per City of Bozeman
standards. The poles will be K-KLAD over galvanized – Hunter Green. The initial monthly charge
per fixture per month (the “Monthly Charge”) is estimated as follows: $2.87 per 77 watt LED
fixture or; $11.49 total for all 77 watt fixtures, and $1.38 per 37 watt LED fixture or; $26.21 for
all 37 watt fixtures. This calculates to $452.40 annually.
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. 772 (Blackwood Groves) of the City of
Bozeman, Montana.
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Resolution 5388, Intent to Create Lighting District 772
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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 $452.40, 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 21.01 acres, or 915,166
square feet, exclusive of parks and open space. The initial costs of the Improvements per acre
shall be $21.53 or $0.00050 per square foot annually.
Section 6
Payment of Assessments. Special assessments for the annual maintenance and energy costs are
estimated at $452.40, 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 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 $45.33 per acre, or $0.001041 per square foot.
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Resolution 5388, Intent to Create Lighting District 772
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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
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 (April 25, 2022) 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 May 10, 2022 at 6 pm in Bozeman City Hall, City Commission Room, 121 N
Rouse Ave.
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
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Resolution 5388, Intent to Create Lighting District 772
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Daily Chronicle, a newspaper of general circulation in the county on April 10, 2022 and April 17,
2022, 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.
PASSED, ADOPTED, AND APPROVED by the City Commission of the City of
Bozeman, Montana, at a regular session thereof held on the 5th day of April, 2022.
___________________________________
CYNTHIA L. ANDRUS
Mayor
ATTEST:
____________________________________
MIKE MAAS
City Clerk
APPROVED AS TO FORM:
___________________________________
GREG SULLIVAN
City Attorney
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Resolution 5388, Intent to Create Lighting District 772
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. 5388, entitled: A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF BOZEMAN, MONTANA, RELATING TO SPECIAL IMPROVEMENT
LIGHTING DISTRICT NO. 772 (BLACKWOOD GROVES) 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 April 5, 2022, 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: Andrus, Cunningham, Pomeroy, Madgic,
Coburn; voted against the same: none; abstained from voting thereon: none; or were absent: none.
WITNESS my hand officially this 5th day of April, 2022.
___________________________________
MIKE MAAS
City Clerk
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Resolution 5388, Intent to Create Lighting District 772
NOTICE OF PASSAGE OF RESOLUTION OF INTENTION
TO CREATE SPECIAL IMPROVEMENT LIGHTING DISTRICT NO. 772
(BLACKWOOD GROVES)
CITY OF BOZEMAN, MONTANA
NOTICE IS HEREBY GIVEN that on April 5, 2022, the City Commission (the
“Commission”) of the City of Bozeman, Montana (the “City”), adopted a Resolution of Intention
No. 5388 to create Special Improvement Lighting District No. 772 (the “District”) for the purpose
of maintaining lighting and assessing the cost for maintenance and energy to BLACKWOOD
GROVES, and paying maintenance and energy costs relating thereto.
A complete copy of the Resolution of Intention (the “Resolution”) No. 5388 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 for four (4) Signify Lumec RoadFocus large LED Cobrahead 77 watt single
upsweep luminaires on round tapered steel poles, mounted at 30 feet per City of Bozeman
standards and nineteen (19) Signify Lumec RoadFocus medium LED Cobrahead 37 watt single
upsweep luminaires on round tapered steel poles, mounted at 30 feet per City of Bozeman
standards. The poles will be K-KLAD over galvanized – Hunter Green. The initial monthly charge
per fixture per month (the “Monthly Charge”) is estimated as follows: $2.87 per 77 watt LED
fixture or; $11.49 total for all 77 watt fixtures, and $1.38 per 37 watt LED fixture or; $26.21 for
all 37 watt fixtures. This calculates to $452.40 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 maintenance and energy costs are estimated at $452.40, 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 21.01 acres,
or 915,166 square feet, exclusive of parks and open space. The initial costs of the Improvements
per acre shall be $21.53. 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 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 $45.33 per acre, or $0.001041 per square foot.
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Resolution 5388, Intent to Create Lighting District 772
On Tuesday, May 10, 2022, 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. Members of the public will also be able to participate remotely via WebEx.
Instructions for joining the WebEx meeting will be included on the meeting agenda which is
published on the City’s website at least 48 hours prior to the meeting. The agenda is available
at https://www.bozeman.net/meetings.
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 April
25, 2022.
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 8th day of April, 2022.
Mike Maas
City Clerk
City of Bozeman
Legal Ad
Publication Dates:
Sunday, April 10, 2022
Sunday, April 17, 2022
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Resolution 5388, Intent to Create Lighting District 772
RESOLUTION 5388
Resolution of Intent to create SILD No.772 for the purpose of maintaining lighting and
assessing the cost for maintenance and energy to BLACKWOOD GROVES, and paying
maintenance and energy costs relating thereto.
AFFIDAVIT OF MAILING
STATE OF MONTANA )
: ss
County of Gallatin )
Mike Maas, City Clerk, being first duly sworn, says:
That I cause to be mailed first class the Notice in regards to the owners in Special
Improvement Lighting District No. 772, as listed in Exhibit "B", on Friday, April 8, 2022, directed
to the owners at the addresses shown on Exhibit "B".
______________________________
Mike Maas
City Clerk
Subscribed and sworn before me this 8th day of April, 2022.
(Notarial Seal)
_______________________________
Printed Name____________________
Notary Public for the State of Montana
Residing at: see seal
My Commission expires: see seal
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181°24'43"
359.32
000°02'23"
1,286.65
000°02'23"
175.06
089°51'27"
60.00
POINT OF
COMMENCEMENT
POINT OF
BEGINNING
SILD MAP SHEET 1 OF 3
LEGAL DESCRIPTION MAP
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LUMEC ROADFOCUS - 32 LED'S, 36.98 W, 30 FT HEIGHT, HUNTER GREEN
LUMEC ROADFOCUS - 48 LED'S, 77 W, 30 FT HEIGHT, HUNTER GREEN
SILD MAP SHEET 2 OF 3
LIGHT LOCATION MAP
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LUMEC ROADFOCUS - 32 LED'S, 36.98 W, 30 FT HEIGHT, HUNTER GREEN
LUMEC ROADFOCUS - 48 LED'S, 77 W, 30 FT HEIGHT, HUNTER GREEN
SILD MAP SHEET 3 OF 3
LIGHT LOCATION MAP
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Exhibit B-Blackwood Groves.xlsx 3/22/2022/10:55 AM
Phase Blk Lot Sq Ft Owner Owner Address City, State Zip
1 2 1 6,499 Blackwood Land Fund LLC 140 Village Crossing Way # 3B Bozeman, MT 59715
1 2 2 5,999 Blackwood Land Fund LLC 140 Village Crossing Way # 3B Bozeman, MT 59715
1 2 3 5,999 Blackwood Land Fund LLC 140 Village Crossing Way # 3B Bozeman, MT 59715
1 2 4 6,000 Blackwood Land Fund LLC 140 Village Crossing Way # 3B Bozeman, MT 59715
1 2 5 6,000 Blackwood Land Fund LLC 140 Village Crossing Way # 3B Bozeman, MT 59715
1 2 6 6,000 Blackwood Land Fund LLC 140 Village Crossing Way # 3B Bozeman, MT 59715
1 3 1 5,500 Blackwood Land Fund LLC 140 Village Crossing Way # 3B Bozeman, MT 59715
1 3 2 5,500 Blackwood Land Fund LLC 140 Village Crossing Way # 3B Bozeman, MT 59715
1 3 3 5,500 Blackwood Land Fund LLC 140 Village Crossing Way # 3B Bozeman, MT 59715
1 3 4 5,500 Blackwood Land Fund LLC 140 Village Crossing Way # 3B Bozeman, MT 59715
1 3 5 5,500 Blackwood Land Fund LLC 140 Village Crossing Way # 3B Bozeman, MT 59715
1 3 6 5,500 Blackwood Land Fund LLC 140 Village Crossing Way # 3B Bozeman, MT 59715
1 4 1 7,700 Blackwood Land Fund LLC 140 Village Crossing Way # 3B Bozeman, MT 59715
1 4 2 7,700 Blackwood Land Fund LLC 140 Village Crossing Way # 3B Bozeman, MT 59715
1 4 3 7,700 Blackwood Land Fund LLC 140 Village Crossing Way # 3B Bozeman, MT 59715
1 4 4 7,700 Blackwood Land Fund LLC 140 Village Crossing Way # 3B Bozeman, MT 59715
1 4 5 7,700 Blackwood Land Fund LLC 140 Village Crossing Way # 3B Bozeman, MT 59715
1 4 6 8,500 Blackwood Land Fund LLC 140 Village Crossing Way # 3B Bozeman, MT 59715
1 5 1 8,570 Blackwood Land Fund LLC 140 Village Crossing Way # 3B Bozeman, MT 59715
1 5 2 8,815 Blackwood Land Fund LLC 140 Village Crossing Way # 3B Bozeman, MT 59715
1 5 3 10,566 Blackwood Land Fund LLC 140 Village Crossing Way # 3B Bozeman, MT 59715
1 5 4 12,879 Blackwood Land Fund LLC 140 Village Crossing Way # 3B Bozeman, MT 59715
1 5 5 10,072 Blackwood Land Fund LLC 140 Village Crossing Way # 3B Bozeman, MT 59715
1 5 6 11,656 Blackwood Land Fund LLC 140 Village Crossing Way # 3B Bozeman, MT 59715
1 6 1 5,600 Blackwood Land Fund LLC 140 Village Crossing Way # 3B Bozeman, MT 59715
1 6 2 4,400 Blackwood Land Fund LLC 140 Village Crossing Way # 3B Bozeman, MT 59715
1 6 3 4,400 Blackwood Land Fund LLC 140 Village Crossing Way # 3B Bozeman, MT 59715
1 6 4 4,400 Blackwood Land Fund LLC 140 Village Crossing Way # 3B Bozeman, MT 59715
1 6 5 4,400 Blackwood Land Fund LLC 140 Village Crossing Way # 3B Bozeman, MT 59715
1 6 6 5,600 Blackwood Land Fund LLC 140 Village Crossing Way # 3B Bozeman, MT 59715
1 6 7 5,600 Blackwood Land Fund LLC 140 Village Crossing Way # 3B Bozeman, MT 59715
1 6 8 4,400 Blackwood Land Fund LLC 140 Village Crossing Way # 3B Bozeman, MT 59715
1 6 9 4,400 Blackwood Land Fund LLC 140 Village Crossing Way # 3B Bozeman, MT 59715
1 6 10 4,400 Blackwood Land Fund LLC 140 Village Crossing Way # 3B Bozeman, MT 59715
1 6 11 4,400 Blackwood Land Fund LLC 140 Village Crossing Way # 3B Bozeman, MT 59715
1 6 12 5,600 Blackwood Land Fund LLC 140 Village Crossing Way # 3B Bozeman, MT 59715
1 7 1 5,520 Blackwood Land Fund LLC 140 Village Crossing Way # 3B Bozeman, MT 59715
1 7 2 4,400 Blackwood Land Fund LLC 140 Village Crossing Way # 3B Bozeman, MT 59715
1 7 3 4,400 Blackwood Land Fund LLC 140 Village Crossing Way # 3B Bozeman, MT 59715
1 7 4 4,400 Blackwood Land Fund LLC 140 Village Crossing Way # 3B Bozeman, MT 59715
1 7 5 4,400 Blackwood Land Fund LLC 140 Village Crossing Way # 3B Bozeman, MT 59715
1 7 6 5,520 Blackwood Land Fund LLC 140 Village Crossing Way # 3B Bozeman, MT 59715
1 7 7 5,520 Blackwood Land Fund LLC 140 Village Crossing Way # 3B Bozeman, MT 59715
1 7 8 4,400 Blackwood Land Fund LLC 140 Village Crossing Way # 3B Bozeman, MT 59715
1 7 9 4,400 Blackwood Land Fund LLC 140 Village Crossing Way # 3B Bozeman, MT 59715
BLACKWOOD GROVES SUBDIVISION PHASES 1 AND 9
Original #274740 1500 S 15th Ave
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Exhibit B-Blackwood Groves.xlsx 3/22/2022/10:55 AM
1 7 10 4,400 Blackwood Land Fund LLC 140 Village Crossing Way # 3B Bozeman, MT 59715
1 7 11 4,400 Blackwood Land Fund LLC 140 Village Crossing Way # 3B Bozeman, MT 59715
1 7 12 5,520 Blackwood Land Fund LLC 140 Village Crossing Way # 3B Bozeman, MT 59715
1 8 1 6,218 Blackwood Land Fund LLC 140 Village Crossing Way # 3B Bozeman, MT 59715
1 8 2 5,000 Blackwood Land Fund LLC 140 Village Crossing Way # 3B Bozeman, MT 59715
1 8 3 5,000 Blackwood Land Fund LLC 140 Village Crossing Way # 3B Bozeman, MT 59715
1 8 4 5,000 Blackwood Land Fund LLC 140 Village Crossing Way # 3B Bozeman, MT 59715
1 8 5 5,000 Blackwood Land Fund LLC 140 Village Crossing Way # 3B Bozeman, MT 59715
1 8 6 5,000 Blackwood Land Fund LLC 140 Village Crossing Way # 3B Bozeman, MT 59715
1 8 7 5,000 Blackwood Land Fund LLC 140 Village Crossing Way # 3B Bozeman, MT 59715
1 8 8 5,000 Blackwood Land Fund LLC 140 Village Crossing Way # 3B Bozeman, MT 59715
1 8 9 5,000 Blackwood Land Fund LLC 140 Village Crossing Way # 3B Bozeman, MT 59715
1 8 10 6,217 Blackwood Land Fund LLC 140 Village Crossing Way # 3B Bozeman, MT 59715
1 8 11 6,218 Blackwood Land Fund LLC 140 Village Crossing Way # 3B Bozeman, MT 59715
1 8 12 5,000 Blackwood Land Fund LLC 140 Village Crossing Way # 3B Bozeman, MT 59715
1 8 13 5,000 Blackwood Land Fund LLC 140 Village Crossing Way # 3B Bozeman, MT 59715
1 8 14 5,000 Blackwood Land Fund LLC 140 Village Crossing Way # 3B Bozeman, MT 59715
1 8 15 5,000 Blackwood Land Fund LLC 140 Village Crossing Way # 3B Bozeman, MT 59715
1 8 16 5,000 Blackwood Land Fund LLC 140 Village Crossing Way # 3B Bozeman, MT 59715
1 8 17 5,000 Blackwood Land Fund LLC 140 Village Crossing Way # 3B Bozeman, MT 59715
1 8 18 5,000 Blackwood Land Fund LLC 140 Village Crossing Way # 3B Bozeman, MT 59715
1 8 19 5,000 Blackwood Land Fund LLC 140 Village Crossing Way # 3B Bozeman, MT 59715
1 8 20 6,217 Blackwood Land Fund LLC 140 Village Crossing Way # 3B Bozeman, MT 59715
1 10 1 43,740 Blackwood Land Fund LLC 140 Village Crossing Way # 3B Bozeman, MT 59715
1 10 2 43,740 Blackwood Land Fund LLC 140 Village Crossing Way # 3B Bozeman, MT 59715
1 11 1 43,497 Blackwood Land Fund LLC 140 Village Crossing Way # 3B Bozeman, MT 59715
1 11 2 43,497 Blackwood Land Fund LLC 140 Village Crossing Way # 3B Bozeman, MT 59715
9 1 1 211,275 Blackwood Land Fund LLC 140 Village Crossing Way # 3B Bozeman, MT 59715
9 13 1 130,612 Blackwood Land Fund LLC 140 Village Crossing Way # 3B Bozeman, MT 59715
915,166.00
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