HomeMy WebLinkAboutResolution 3198 Intent to create SID 664 - West Beall
~
-.
COMMISSION RESOLUTION NO. 3198
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, DECLARING IT TO BE THE INTENTION OF THE CITY OF
BOZEMAN TO CREATE AN EXTENDED SPECIAL IMPROVEMENT DISTRICT
NO. 664 FOR STREET IMPROVEMENTS FOR THE ENGINEERING DESIGN,
CONSTRUCTION, INSPECTION AND ENGINEERING CERTIFICATION OF
ASPHALT CEMENT PAVING, GRAVEL BASE COURSES AND SUBGRADE
PREPARATION, CURB, GUTTER AND SIDEWALKS, STORM DRAINAGE
AND ALL NECESSARY APPURTENANCES TO CONSTRUCT A 640.02-
FOOT LONG PORTION OF WEST BEALL STREET LYING BETWEEN ITS
CURRENT TERMINUS WEST OF NORTH 23RD AVENUE AND NORTH 25TH
AVENUE, IN THE CITY OF BOZEMAN, MONTANA, AND FINANCING THE
COSTS THEREOF AND INCIDENTAL THERETO THROUGH THE ISSUANCE
OF SPECIAL IMPROVEMENT DISTRICT BONDS SECURED BY THE CITY'S
SPECIAL IMPROVEMENT DISTRICT REVOLVING FUND.
WHEREAS, the City Commission has received a written petition from property
owners abutting the proposed street requesting, under the provisions of Montana Code
Annotated, Title 7, Chapter 12, Parts 41 and 42, the creation of a special improvement
district for purposes of constructing West Beall Street, including paving, curb, gutter,
sidewalks and storm drainage from the existing terminus west of North 23rd Avenue to
North 25th Avenue, which is an approximate distance of 640.02 feet; and
WHEREAS, receipt of the aforesaid petition was acknowledged by the City
Commission during its meeting of December 16, 1996; and
WHEREAS, the Bozeman City Commission has determined, and hereby declares, that
the public interest and convenience requires the creation of the special improvement district
as hereinafter described for the construction of street improvements hereinafter described;
and
WHEREAS, the improvements are of more than local or ordinary benefit, which
requires that said district be an extended district; and
WHEREAS, the properties within this district are especially benefited by construction
of these improvements, and these properties shall be assessed to pay the costs and
expenses thereof.
NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of
Bozeman, Montana:
Section 1
Declaration of Intention
That it is hereby declared to be the intention of the City of Bozeman to create an
- -.
extended special improvement district known and designated as "Special Improvement
District No. 664" of the City of Bozeman, for the construction and paving of West Beall
Street, along with storm drainage, from the existing terminus west of North 23rd Avenue
to North 25th Avenue. The costs of the improvements are to be paid from the special
improvement district bonds hereinafter described. It is the intention of the Commission to
create and establish, under Title 7/ Chapter 12/ Parts 41 and 42/ Montana Code Annotated,
a special improvement district for the purpose of financing the costs of the improvements
and paying costs incidental thereto, including costs associated with the sale and the security
of special improvement district bonds drawn on the district, the creation and administration
of the district, and the funding of a deposit to the City/s Special Improvement District
Revolving Fund. The bonds are to be payable primarily from special assessments to be levied
against property in the district.
Section 2
Character of Improvements
The character of the improvements to be made within this district are the
engineering design, construction, inspection
and engineering certification of street
improvements, including subgrade preparation, gravel base courses, asphalt cement paving,
curb, gutter, sidewalks, storm drainage and all necessary appurtenances to construct a
640.02-foot portion of West Beall Street, from its current terminus west of North 23rd
Avenue to North 25th Avenue (the "Improvements").
Section 3
Boundaries
The boundaries for Special Improvement District No. 664 are described as follows,
and as depicted on the map attached hereto as Exhibit" A" / which is hereby incorporated
herein and made a part hereof:
Two tracts of land, one being Tract 1/ Certificate of Survey No. 1855, and
the other being West Babcock Subdivision, located in the Northeast one-
quarter of Section 11/ Township 2 South, Range 5 East, Montana Principal
Meridian, and being further described as follows:
Beginning at the northwest corner of said Certificate or Survey No. 1855;
thence in a clockwise direction around and along the perimeter boundary
of said Certificate of Survey No. 1855 through the following courses:
North 88020'08" East, a distance of 289.93 feet; South 00009'52" West,
a distance of 291.36 feet; South 79030'07" East, a distance of 227.00
feet; North 25020'54" East, a distance of 127.00 feet; North 00010/00"
East, a distance of 226.01 feet; North 88020'08" East, a distance of
- 2 -
80.00 feet; South 00009'53" West, a distance of 1252.50 feet; South
83053'09" West, a distance of 335.93 feet; South 00003'40" East, a
distance of 60.03 feet.
Thence in a clockwise direction around and along the perimeter boundary
of said West Babcock Subdivision, as follows:
South 00002'36" East, a distance of 1304.14 feet; South 88014'02"
West, a distance of 329.88 feet; North 00001'37" West, a distance of
1303.87 feet; North 88011 '38" East, a distance of 25.43 feet; thence
North 00014'32" West along the west line of Certificate of Survey No.
1855, a distance of 1339.14 feet to the point of beginning.
Said Tracts contain 27.085 acres more or less, or 1,179,823 square feet,
along with and subject to any existing easements.
A listing of each of the properties in the district is shown on Exhibit "B", attached
hereto and incorporated herein and made a part hereof.
Section 4
Estimate of Cost
Mr. David Crawford, P.E., Thomas, Dean and Hoskins, Inc., shall be the engineer
for the District. The engineer has estimated that the costs of the Improvements, including
construction costs, engineering, contingency, Special Improvement District Revolving Fund,
City administrative charges and all incidental expenses, is One Hundred Fifty Thousand and
No/lOa Dollars ($150,000.00).
Section 5
Finding of Benefit and Method of Assessment
The City Commission of the City of Bozeman hereby finds, determines and declares
that each of the lots, blocks, tracts, pieces and parcels of land, abutting and non-abutting,
situated within the boundaries of the district described in Section 3 above are hereby
declared to be the special improvement district and territory which will be especially
benefited and affected by the Improvements and will be the property to be assessed for the
cost and expense of making said improvements. The Improvements, in the opinion of this
Commission, are of more than local and ordinary benefit. The property included within said
district is hereby declared to be the property benefited by the Improvements.
The cost is to be assessed against the entire district. All properties in the district
will be assessed for their proportionate share of the costs of the improvements. Each lot,
block, tract or parcel of land within the district will be assessed for that portion of the whole
- 3 ~
.-. -
cost which its area bears to the area of the entire district, exclusive of streets, avenues,
alleys and public places.
The total actual assessable square footage within the entire district is 969,906.96
square feet and is the area on which all protests will be received, considered and determined.
It is also the square footage on which all assessments will be figured. The estimated cost
per square foot is $0.154.
The Commission hereby determines that the above method of assessment of costs
of the Improvements against the properties benefited thereby is equitable and in proportion
to and not exceeding the special benefits derived from the Improvements by the lots, tracts
and parcels to be assessed therefor within the district.
Section 6
Payments
The special improvement district is created for the purpose of financing the costs
of the Improvements and paying costs incidental thereto, including costs associated with the
sale and security of special improvement bonds drawn on the special improvement district,
the creation and administration of the said district, the funding of a deposit to the City's
Special Improvement District Fund.
Section 7
Payment of Assessments.
The special assessments for the costs of the Improvements shall be payable over
a term not exceeding fourteen years, each in equal semi-annual installments of principal, plus
interest, or equal semi-annual payments of principal and interest, as this Commission shall
prescribe in the resolution authorizing issuance of the bonds. Property owners have the right
to prepay assessments as provided by law.
Section 8
Method of Financing; Pledge of Revolving Fund; Findings and Determinations
The City will issue the bonds in an aggregate principal amount not to exceed
$150,000 in order to finance the costs of the Improvements. Principal of and interest on
the bonds will be paid from special assessments levied against the property in the district.
This City Commission further finds it is in the public interest, and the best interest of the
City and the district, to secure payment of principal of and interest on the bonds by the
- 4 -
Special Improvement District Revolving Fund and hereby authorizes the City to enter into the
undertakings and agreements authorized in Section 7-12-4225, M.C.A., in respect of the
bonds.
In determining to authorize such undertakings and agreements, this City Commission
has taken into consideration the following factors:
a. Estimated Market Value of Parcels. The estimated market value of the
lots, parcels or tracts in the district as of the date of adoption of this
resolution, as estimated by the Gallatin County Assessor's office for
property tax purposes, is set forth in Exhibit "C" hereto, which is hereby
incorporated herein and made a part hereof, as well as the estimated
market value of the lots, parcels or tracts after the improvements have
been completed, as estimated by the sum of the estimated market value of
the lots, parcels or tracts in the district as of the date of the adoption of the
resolution combined with the cost of the proposed improvements.
The
special assessments to be levied against each lot, parcel or tract in the
district is less than or equal to the increase in estimated market value of the
lot, parcel or tract as a result of the construction of the improvements.
b. Diversitv of Propertv Ownership. Of the 47 lots, parcels or tracts in the
district, approximately 5 lots, parcels or tracts are vacant. In one instance,
8 lots, parcels or tracts are held by one owner, representing 17 percent of
the total area upon which costs are being assessed. In another instance,
2 lots, parcels or tracts are held by one owner, representing 4 percent of
the total area upon which costs are being assessed. All of the remaining
lots, parcels, or tracts in the district are owned by separate or different
individuals. The remainder are all improved with single-family or multi-
family residents; however, since the improvements are incomplete at this
time, the units are unoccupied.
c. Comparison of Special Assessments and Propertv Taxes and Market
Value. The estimated market value of the lots, parcels or tracts in the
district exceeds the sum of the delinquent property taxes and current
property taxes. There are no mortgage backed bonds or levies of record
against properties in the district.
d. Delinauencies. As noted in Subparagraph
c above, there are no
delinquent outstanding special assessments against the property in the
district. There are $1,066.42 in delinquent property taxes. The estimated
market value of the lots, parcels or tracts in the district exceeds the sum
of the delinquent and current property taxes.
e. The Public Benefit of the Improvements.
The public benefit resulting
from the improvements will be a decrease in the dust presently created by
travel on unpaved road(s), better access to the residences in the subdivision
for public and emergency vehicles, and an elimination of the cost of annual
grading and graveling of the existing roads.
f. Newlv Platted Subdivision. The
district includes the Willowbrook
Subdivision, which was recently platted and is approximately half built out.
The credit history
of the developer of this subdivision,
based on
development of previous subdivisions, reveals no problems are incurred
with the timely payment of special assessments and property taxes. The
district also includes the West Babcock Subdivision, which is 100 percent
built out. The developer of the West Babcock Subdivision is the Human
Resource Development Council and, based on previous experience with this
agency, no problems are anticipated. Other than the special assessments,
property owners are not contributing to the costs of the improvements nor
- 5 -
--
---.. -
are they providing any security to secure payment of special assessments
levied in the district.
Section 9
Protests and Notices
That the regular session of the City Commission of the City of Bozeman, to be held
in the Commission Room, Municipal Building, 411 East Main Street, Bozeman, Montana, on
Monday, the 6th day of October 1997, at the hour of 7:00 p.m. of said day, is the time and
place when and where the City Commission will hear and pass upon all written protests, if
any, dUly and regularly made and filed with the Clerk of the Commission for the City of
Bozeman not later than 5:00 p.m., M.D.T., on Thursday, October 2, 1997, against the
creation of said Special Improvement District No. 664, the improvements proposed to be
made pursuant thereto, and the extent and character thereof, or either thereof. The Clerk
of the City Commission is hereby directed to give notice in the manner and for the time as
by law required, of the adoption of this resolution of intention.
PASSED AND ADOPTED by the City Commission of the City of Bozeman, Montana,
at a regular session thereof held on the 2nd day of September 1997.
( Otn-t L ~~
DON E. STUECK, Mayor
ATTEST:
~;I~
ROBIN L. SULLIVAN
Clerk of the Commission
APPROVED AS TO FORM:
- 6 -
NOTICE IN RE
COMMISSION RESOLUTION NO. 3198 OF THE CITY OF BOZEMAN,
MONTANA, DECLARING IT TO BE THE INTENTION OF THE CITY OF
BOZEMAN, MONTANA, TO
CREATE AN EXTENDED SPECIAL
IMPROVEMENT DISTRICT NO. 664.
NOTICE IS HEREBY GIVEN that on the 2nd day of September 1997, at a regular
meeting of the City Commission of the City of Bozeman, Montana, said Commission duly
and regularly passed and adopted Commission Resolution No. 3198, entitled:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, DECLARING IT TO BE THE INTENTION OF THE CITY OF
BOZEMAN TO CREATE AN EXTENDED SPECIAL IMPROVEMENT DISTRICT
NO. 664 FOR STREET IMPROVEMENTS FOR THE ENGINEERING DESIGN,
CONSTRUCTION, INSPECTION AND ENGINEERING CERTIFICATION OF
ASPHALT CEMENT PAVING, GRAVEL BASE COURSES AND SUBGRADE
PREPARATION, CURB, GUTTER AND SIDEWALKS, STORM DRAINAGE
AND ALL NECESSARY APPURTENANCES TO CONSTRUCT A 640.02-
FOOT LONG PORTION OF WEST BEALL STREET LYING BETWEEN ITS
CURRENT TERMINUS WEST OF NORTH 23RD A VENUE AND NORTH 25TH
AVENUE, IN THE CITY OF BOZEMAN, MONTANA, AND FINANCING THE
COSTS THEREOF AND INCIDENTAL THERETO THROUGH THE ISSUANCE
OF SPECIAL IMPROVEMENT DISTRICT BONDS SECURED BY THE CITY'S
SPECIAL IMPROVEMENT DISTRICT REVOLVING FUND.
A copy of said Commission Resolution No. 3198 is on file in the office of the Clerk
of the City Commission at 411 East Main Street, Bozeman, Montana, which sets forth the
description of the boundaries.
NOTICE IS HEREBY FURTHER GIVEN that Tuesday, the 6th day of October 1997,
at hour of 7:00 p.m., at the Commission Room, Municipal Building, 411 East Main Street,
Bozeman, Montana, is the designated time and place set for hearing and passing on all
written protests, if any, duly and regularly made and filed with the Clerk of the Commission
for the City of Bozeman not later than 5:00 p.m., M.D.T., on Thursday, October 2, 1997,
against the creation of said Special Improvement District No. 664, for engineering design,
construction, inspection and engineering certification of street improvements, including
subgrade preparation, gravel base courses, asphalt cement paving, curb, gutter, sidewalks,
storm drainage and all necessary appurtenances to construct a 640.02-foot portion of West
Beall Street, from its current terminus west of North 23rd Avenue to North 25th Avenue,
in the City of Bozeman (the "Improvements").
A description of the boundaries of the property proposed to be constructed and
installed upon by said Commission Resolution No. 3198 is as follows:
EXHIBIT "B"
CITY OF BOZEMAN, MONTANA
SID NO. 664
listing of Properties Included in District Boundaries
Name and Mailina Address Descriotion
Timothy & Kathryn Hendricks
2400 West Durston Road #1
Bozeman, Montana 59718 Willowbrook Condos, Unit 1
Helen M. Walter
2400 West Durston Road #2
Bozeman, Montana 59718 Willow brook Condos, Unit 2
Janelle Tillett
2400 West Durston Road #3
Bozeman, Montana 59718 Willowbrook Condos, Unit 3
Tom W. & Janet Nelson
2400 West Durston Road #4
Bozeman, Montana 59718 Willow brook Condos, Unit 4
Fred R. Graves
2400 West Durston Road #5
Bozeman, Montana 59718 Willow brook Condos, Unit 5
Helen Elizabeth Brougham
2400 West Durston Road #6
Bozeman, Montana 59718 Willowbrook Condos, Unit 6
Brenda I. Turner
2400 West Durston Road #7
Bozeman, Montana 59718 Willow brook Condos, Unit 7
Phillip Keith
2400 West Durston Road #8
Bozeman, Montana 59718 Willow brook Condos, Unit 8
Chester Ford Laney, et al.
2400 West Durston Road #9
Bozeman, Montana 59718 Willowbrook Condos, Unit 9
R.K. Bekemans Trust
2400 West Durston Road # 10
Bozeman, Montana 59718 Willow brook Condos, Unit 10
Helen H. Backlin
2400 West Durston Road # 11
Bozeman, Montana 59718 Willowbrook Condos, Unit 11
----
I
.fI(f c.w.'ITf 11:0,.1.0) EASD.I:ENT
pOl>fr OF SEG'N"'NG\ l________ BOUNDARY OF PAVING SID 66.4 LOCATED IN
--Q-I2,~oii-'-c'1i "--=====:~::-~",-~..,?== '2"OJ ':~~C:..e cc,;~C" RO'" THE N E 1 /4 0 F S E C T I 0 I'j 1 1 T 2 S R 5 E P M M
r ~.o,. /We -r w f } ~) } ,
g '"'!! ~~- W~I GALLATIN COUNTY, MONTANA
. >") -"'1 ~""'~1
J i ~ g~ Z i
g H15W'5~'E 8 i
P'T.JG'" __ ~.,
! "'7.~' , :::- I DESCRIPTION OF S.I.O, BOUND,A.RY
!~ w r
I~I I ~ THREE TR),CTS OF lAND 8!JNG TilACrs 1 ANO 2 CF ~ERfiF1C.','" OF SURVEY
~ ~ 1./355 A.~Q TRACi 2 GF" CER'r,flCATE OF SURVEY f 3+a, l-DC\1E:J ;N THE:"
"I 1 ~ NCRTHEAST QUARTER OF SEC110N 11, TOWNSH1P Z soum, R;J 1GE 5 EAST,
i: I - PRrNCJPAl ~ER1DiAN MONTAN.'. N<D BEiNG F1JRTHER JESCRrBE" AS FOlLOWS:
~'~I TT<.>.CT , Of' = ,'-', ,I ~ ~~;~N~~TE ~E A NQCL~~E cgt~gc~F ~~~g:~~~~~gF -ms:!R',u
~I, 1 U" ~ :t ~ P ER1METER 8GllNDARY Of SAJD CffiTlFtc..l TE or SU RVEY 1 655 mRC UGH THE
U ;,.. ; g FC LLOWlNC COURSES:
~ t ..... NORTH 8,B"2C''OS- EAST. A DI ST.A.\lCE OF" 2851.9] FEET;
~~ ~~ ~ ~~~ ~g~:~;: :m: : gi~~ii g: iij.~;~;
r~ 1 NORTI-E 252Q':5-4'"' EAST, A DtST......'..ICE OF 127..00 F"Ei';
I~ I ::g~ ~ig:g~ ~: ~ g~~~ g~ ~g:~~~:
;; i solJl"H OCT 09'5.1'" WEST. A DISlmCE: OF' t 3J.;. go J rrET~
~ I SOlmi O"Il'J" WEST, ~ mS1>NCE Of 557,70 F;;E';;
1- SOlfTH ~S' 09'09" WEST, A DISTANCE or JJO, 95 fEET;
I
I -mrncE IN A CLOCKWISE D IREC110N MOUND AND M.a.'G -mE ,'ERJ",=
, aOUNDARY Of 5.AJD TR),CT 2 Of CERTIF1c..1TE Of SUFlV!':' 1 ~4C,
I SOlllH 00"02'36"' EAS:', A DlsomCE Of 537.09 FEET;
\ ~g~ :~i:~~ ~: ~ g\g~~~ g~ 1~~U~ ;r;g
SO' =,,,., , NORm 8S'11'J9" EAST, A DISTANCE Of 25..\.3 fITi;
i'IfE..Si''9'~:r.J;:EEJ"
N"'''''''E :!.S."" I --- -mENCE NOR-rn GO' H'JZ" 'NEST AlONG THE 'NES1 UNE 0, C2mFiCATE Of
JQ.4..0g.' SUR....EY 1855. It. DlST me E Of" 1 JJ 9'. , -4- ,~rr TO TIfE POINT 0: [; E:G;~mjNC.
------ SI!;n 1 ";3s""N C 1/1. COMa!:
) ! J2't..5l' H!'/~u:no.,.. "1 COr-rr.A!N1NG :32.7'2 .ACRES ~OR;E OR lESS.
N AlONG WTrn ANO SUBJECT TO ANY E).1STlNG EASmEJm,
I~ ~ ~ ~
: 9~ ~I
::PAC! t ar-c.os'~ .:,0"
~ ';..H ACRiES' l"ft.;I,cr 1 CF cas ,.u5
. F'QUNQ- 5/r' ~ "Hm{ s.~ ~ I
'YELLCW ~ 01\ AS NOrm p..,
o SET 2~"t31lf' ,1I!E:a,.I.A .
wrrn 'T!l.:..CW eN' "'" .
-1!I~0f'F''''~S'1D.s: ~
- DJSn;L.IC F!OOP~ LJ-.I!: ~ -
we ,""""'" """"'" ~ 1''''"'' 0 200' 40C' 500'
~ t ,,~,..oo"* I I t t I I ~
~ ~ 2 SCALE
::;: 5: ..
z , I.~
~ - Ii; ,
~ ~ ~
.0
~ ~!'" o;>.ST 0"-""'"
b C::-1L'a
~ SECj"lOH 1 ~
FC",,"
V'I' ';;'~ it... """ ",0 ~I
lJI..57" 'J2~.Ta'
S! n .l.o;;rw J:19_~e' ......... ,i
.~ J'2.i!.C!' -........:0
Z1..s.B"---1 S'/~I COR.Nf:II: S.!J8'13',!If"/f
I N<"I<.s.:cno. 11 VlCINrrt MAP
89640510, OI'lG '~-
. . ,- TIiOY.AS, DEAN &. HOs:KINS INC, .
BASIS OF 8EARJNG: TRACT ~ -OF C.O.S. ,.18' I E:NGINE.E:=!:JNC CONSULT.....N'TS ..
Of'.V.T ..."U-3'_Q.~_~P'E!.J... ~ClNT~
S"PClI<.AN-E: ~1;-.r1T,"'J.'"
1..C...ISTa/'ol IO""J-+O -'
EXHIBIT "B"
Larry & Debra Asher
2400 West Durston Road #12
Bozeman, Montana 59718 Willow break Condos, Unit 12
Willow brook Condo Association
2421 Highland Boulevard
Bozeman, Montana 59715 Willow brook Condos, Unit 13
Jensen Family Trust Agreement
2400 West Durston Road #14
Bozeman, Montana 59718 Willow brook Condos, Unit 14
Harold B. and Audelle Estes
2400 West Durston Road # 15
Bozeman, Montana 59718 Willowbrook Condos, Unit 15
Joseph P. Arcari
2400 West Durston Road #16
Bozeman, Montana 59718 Willow brook Condos, Unit 16
Willowbrook Condo Association
2421 Highland Boulevard
Bozeman, Montana 59715 Willowbrook Condos, Unit 17
Ronald Tabias
2400 West Durston Road # 18
Bozeman, Montana 59718 Willow brook Condos, Unit 18
Stanley E. Goode
2400 West Durston Road # 19
Bozeman, Montana 59718 Willow brook Condos, Unit 19
HRDC
321 East Main Street Ste 300
Bozeman, Montana 59715 Lot 1, Block 1, West Babcock Subdivision
HRDC
321 East Main Street Ste 300
Bozeman, Montana 59715 Lot 2, Block 1, West Babcock Subdivision
HRDC
321 East Main Street Ste 300
Bozeman, Montana 59715 Lot 3, Block 1, West Babcock Subdivision
Wanda C. Vergith
60 North 24th Avenue
Bozeman, Montana 59718 Lot 4, Block 1, West Babcock Subdivision
Charles R. & Allison N. Gappmeyer
64 North 24th Avenue
Bozeman, Montana 59718 Lot 5, Block 1, West Babcock Subdivision
~ 2 ~
---.-.----..--
EXHIBIT "B"
Bruce D. & Dawn P. Byrd
102 North 24th Avenue
Bozeman, Montana 59718 Lot 6, Block 1, West Babcock Subdivision
HRDC
321 East Main Street Ste 300
Bozeman, Montana 59715 Lot 1, Block 2, West Babcock Subdivision
Jean Grotberg
47 North 24th Avenue
Bozeman, Montana 59718 Lot 2, Block 2, West Babcock Subdivision
Peggy Tombre
51 North 24th Avenue
Bozeman, Montana 59718 Lot 3, Block 2, West Babcock Subdivision
Karen E. Conrey
55 North 24th Avenue
Bozeman, Montana 59718 Lot 4, Block 2, West Babcock Subdivision
Nancy D. Herzog
61 North 24th Avenue
Bozeman, Montana 59718 Lot 5, Block 2, West Babcock Subdivision
Mark R. & Barbara C. Limpus
65 North 24th Avenue
Bozeman, Montana 59718 Lot 6, Block 2, West Babcock Subdivision
Dave & Melissa Smith
106 North 24th Avenue
Bozeman, Montana 59718 Lot 1, Block 3, West Babcock Subdivision
Michael & Connie Murray
110 North 24th Avenue
Bozeman, Montana 59718 Lot 2, Block 3, West Babcock Subdivision
HRDC
321 East Main Street Ste 300
Bozeman, Montana 59715 Lot 3, Block 3, West Babcock Subdivision
Derek G. & Shannon L. Gustafson
118 North 24th Avenue
Bozeman, Montana 59718 Lot 4, Block 3, West Babcock Subdivision
Carol Ann Townsend
122 North 24th Avenue
Bozeman, Montana 59718 Lot 5, Block 3, West Babcock Subdivision
Robin J. & Amy Bagley
202 North 24th Avenue
Bozeman, Montana 59718 Lot 6, Block 3, West Babcock Subdivision
- 3 -
EXHIBIT "B"
Cheryl L. Fleming
206 North 24th Avenue
Bozeman, Montana 59718 Lot 7, Block 3, West Babcock Subdivision
John H. Bies
210 North 24th Avenue
Bozeman, Montana 59718 Lot 8, Block 3, West Babcock Subdivision
HRDC
321 East Main Street Ste 300
Bozeman, Montana 59715 Lot 9, Block 3, West Babcock Subdivision
Dana & Paula Baker
109 North 24th Avenue
Bozeman, Montana 59718 Lot 1, Block 4, West Babcock Subdivision
Angela E. Smith
113 North 24th Avenue
Bozeman, Montana 59718 Lot 2. Block 4, West Babcock Subdivision
Louis A. Bowker
117 North 24th Avenue
Bozeman, Montana 59718 Lot 3, Block 4, West Babcock Subdivision
HRDC
321 East Main Street Ste 300
Bozeman, Montana 59715 Lot 4, Block 4. West Babcock Subdivision
Peter E. & LaRena T. March
201 North 24th Avenue
Bozeman. Montana 59718 Lot 5, Block 4, West Babcock Subdivision
Linda A. Lammer
205 North 24th Avenue
Bozeman, Montana 59718 Lot 6. Block 4, West Babcock Subdivision
HRDC
321 East Main Street Ste 300
Bozeman, Montana 59715 Lot 7, Block 4, West Babcock Subdivision
- 4 -
.. ---
Bood Size 150.000
EXHIBIT C
UpdatO'd 1\-21-97
As$es"S:<tb'e SquaN! Feet. 009,006.00
Rale- Pet" SQUilre Fo<< D.1546~
WiIowbrookM/i!!'sI Se-al
cas 1655 TIll Wi_ C<Iodos Lnll RGG:!9001 I
TImOthy &Kalhryn Herldrick< 0.831
36,198.36 55,180 5,596.22 1,465.60 62,244
COS 1855 TR1 WilOYobrook Condos [Jr;! 2 RGG389-48 I
Helen "'t WsII!f" 0.989
.3,080.64 62,_ 6,662.62 I,H4.5O 71,361
COS 1655 TIll Wi_ Coodos \.WI 3 RGG38949 ,
Janeti!!' J. TI~ 0.831 36,196.36
106,aoo 5,598.22 1.465.80 115,_
1.034.64
cos 1655 TIll Wi_ Coodosunt. RGG36!I5O I
Tom W. & Janet Nelsoo 0.916
42,514.56 127,300 6,575.05 !,721.51 135,597
cos 1855 TRI Wi_ Condos Un'! 5 RGOO8951 ,
Fl1!d R. Gnws C.82 :>1,I56J\6
111.000 5,146.4:> 1,504.61 116,251
COS 1655 TIll WI_Cond<>s\.WI 6 RGG:>e952 I
HiI!'len Eiz3beth Brough:.lm 0.831 36,196.>6
86,6 !D 5,596.22 t."65-.80 93,8r.
COS 1655 TRI WI_ Cmdos unt 1 RGG3895:> r
Breoda I. T....... 0.969 43.080.84
1.0.'30.'280 6.ee2.62 1,74<.50 111 ,681
COS 1655 TRI Wilovd>rook Condos [Jr;! 8 RGG389S4 I
PhI.p K.eith 0.85> 37,156.68
22,470 5,74M3 1,504.6! 29,721
COS 1855 TII! Wi_ Condos lJrjf 9 RGG38955 I
Chest..- FonIloney C.831 >6,198.36
22.050 5,596.22 1,465.60 29,114
COS 1655 TIll WI_ Cond<>s \.WI 10 RGG38956 I
R. K.-....ns 0.989 43,080.64
25,100 6,662,62 1,744.50 3:>,S07
COS 1655 TIll Wi_ Coodos \.Wt 11 RGG>6951 r
I-ieIen- H. Baddin 0.6:>1 36,196.36
22,050 5,598.22 1.'as.W 29,114
COO 1l!155 TRt \I\I'i~ Condo! UnlI '2 RGG38958 I
Larry & Oebt:a Asher 0.831
3e, 1 98.36 22,050 5,500 .22 1.485.80 29,114
COS 1655 TII \ ~ Condos \.Wt 13 RGG38959 I
\,I\I'ij~ Condo A-ssocj;;rtjon 0.976 42.514.56
2<,84Q 8,575.D5 1,721.57 33,\37
COS 1655 7R1 Wi_ C_ \.WI 14 RGG38960 I
Jensen Family Trust Agr~ 0.831 36,196.38
22,OSO 5,596.22 1,485.60 29,'"
COS 1855 TRI Wi_ C<Iodos \Jni\ 15 RGG38961 r
Harold B. & _ Estes 0.969 43,080,64
25,100 6,662.62 1,744.50 3:>,S07
COS 1655 TII 1 Wilovd>rook C<Iodos Ln! 16 RGG:!a962
I Jos.eph P. Areari 0.976
42.514.56 24,640 5,575.05 1,721.57 3:>,137
COS 1855 TIll Wi_ Condos Uti! 17 RGG38963 1
WIowbrooJc Condo Association 0.969 43.080.84
25,100 8,862.62 1,744.SO 33,507
COS 1855 TIll WI_CondO$UrVt 16 RGOO89B4 I
Ronald Tabln 0.989 43,060.84
25.100 8,662.62 1,744.50 33,507
COS 1655 TIll Wi_ Condos \Jni\ 19 RGG38965 I
&....y E. Goode 0.831 36,196.36 22.050
5,596.22 1,465.60 29,114
Block 1 l"" 1 West Babcock SubdlvFsfon RGG4!1337 U
HRDC 0.83 36, 1~.ao 355,767
5,591.46 1,'M.o. 362,843
Sbck 1 l~ 2 We-51 Babcoek Subdivi-slon RGG39-434 U
!-!ROC 0.t2 5,227.20 2,875
808.41 211 .57 3,895
Block 1 lei: 3 _ eabcocl< Slioci-.;..on RGG39435 U
HROC C.12 5,227.20 2,875
608.41 211.67 ~,f.95
BiocI< 1 LoI. West Babcoc:k _sion RGG38962
I Waoda C. Vergftl> 0.13 5,662.80
59,641 815.77 229.31 60.946
BIooI< 1 lei 5W.... _ _sion RGG38983
r CI>a~es R. & Alison N. Gappmeyer 0.13 5,662,60
48,797 815,11 229.31 49.902
!!Io<:k 1 lo! 8 West eabcocl< StJtM:ItYis.... RGG38979 I
Broce D. e D...., P. B)'J'd 0.1~ 5,662.80
eo,24O 815.77 229.~1 81,345
Blodc 2 L0I1 Weo! Babcock S<i><iYislon RGG40337
I HROC 0.83 36,1 ~.60
~,oal 5,591.48 1,464.114 361,143
BIoc:l! 2 Lot 2 W.... Bab<:oc:k _sion R~36 U
Jean Grotberg 0.14 6,096.40 3,354
943.14 246.95 4,5<<
Block 2 lo! 3 West Babcock Subdvision: R~~l U
~Torrobn! 0.14 6,000..0 3,3~
9-43.14 248.95 4,5<< 31.75
IIIock 2 lei: 4 We" eabcocl< StJtM:Itvf.lon RGG38984
I Karen E. Correy 0.t3 5,662.60
39.514 815.11 229.~1 40,819
BIoclc 2 LoI 5 West Babcocl< _sion RGG38965
I Nancy D. Herzog 0.1~ 5,862.80
41,391 875.11 229.~1 42,496
BiocI< 2 LoI 6 W.... Babcoc:k _<ion RGG3B960
I Marl< R. e earbara C. UrT1p<JS C.18
1,B4O.80 10,510 1,212.51 317.SO now
Block :3 l~ 1 Wed Baboocll:' SUbdI..,..; sfon RGG3391t
I DiM> ,\I.leh... 5m!1> 0.13
5,662.60 63,500 815.11 229.31 84,195
!\loci< 3 lei: 2 West Babcocl< _sion RGG33972
, Michael e Come MLmIy O.t~ 5,662.60
58,_ 815.11 229.31 59,195
BiocI< 3 LoI 3 West 5ab<:oc:k S<JbcfYision RGG39<36 U
HROC 0.12 5,227.20 2,815
608.41 211.67 3,695
BIooI< ~ LoI. Wesll!abcocl< s.MYisfM RGG3:1614
, Derek G. & Sl>annon L Guslafson C.12
5.227.20 49,373 aoe.41 211.87 50.393
IIIock 3 lo! 5 We" EIobcock S"b.t>;..on RGG33179
I Card Am T.,...,...,. 0.15
6,534.00 81,210 1,010.51 264.59 62,'85
BIodc 3 l0l8 Weo! eabcad< _sion RGG33358
1 Rabfn J. & Amy Bagley 0.t2 5,227.20
54 ,850 608.41 211.67 55.870
Baock 3 LoI 7 West &.bcock .5:ubtf...ts5on RGG3>t8ll
, Cheryi L Flemng C.12
5,227.20 56,860 608.41 211.67 51,sac
BI(Iock 3 tal .8 Wesl Babcock Subdh.-l'Slon RGG33299
I JomH. B!es 0.12 5,221.20
56,7SO 608,41 211.57 51,110
elocl< 3 lol 9 Wes! Babcocl< _sion RGOO9439 U
HRDC 0.13 5,582.60 3,115
815,11 229.~1 4.220
BiocI< . coil West Babcoc:k _sion RGG36981
I DaM & Pa.. Bake.- 0.16 6,959.60
62,500 1,071.88 282.22 63,920
Block 4 lot '2 West Babcock Subdivfsion- RGG389a6
, Anger. E. Srni\I) 0.13
5,662,80 58,325 875.77 229.3\ 59,431
8Iock 4 lot 3 Wem Babcock &My:j~on RGG33573
1 LoU'!; A. Bowker 0.12 5,=.20
42.343 606.41 211.57 4~,363
Block .. Lot.. We!A Babcock Sl,j)(ivjsion RGG39440 U
!-!ROC 0.12 5,=.20 2,675
BOa..t 211.67 ~,895
BiocI< . Lo! 5 We" Babcoc:k StJtM:Ito,1 sfon RGG33875
I Peter E..& laRena T. March 0.12
5,227.20 54,990 806.'1 211.67 56,010
!\loci< . lot 8 W.... Babcock &i><iYioion RGG33576
I Linda A. L......... 0.13
5,662.80 57.450 875.77 229.31 58,555
BIodc 4 LoI 7 West Babcoc:k _sion RGG39441 U
!-!ROC 0.12 5,=.20 2,675
BOa,4. 211.67 ~,f.95
TOTAL
22._ 959,9C6.96
2,669,587 150,000 39,275.00 2,658,_ C.OO
t.OeeL42
m
(t) II! .;. ctt.'1 participation in cost of overslzing:.
X
(J) . .g. Improvemenl. Instaled by owne< __!houI SI D financing.
I
NoIe reo:ani"Q cas t 855: The -Courty iI~es Ihe ertire iuea of thtI pSf(:~ to the number af c-oodo U"Iils in exister-.ci! at ilSses5lT'lef"l!
lime. Th~ 'Ne<e '19 ooils in -bistenc-~ 00 the 'Comy Asse'Ssor's records as -Of January 1. 191i17
ttI
the- .a 5sessrnenf area we USi!!' for ~ coodo wil d1a. as Ihe numb-er 01 condos fna-easeSi.
DescriDtion
The boundaries of said Special Improvement District No. 664 are described as
follows:
Two tracts of land, one being Tract 1/ Certificate of Survey No. 1855/ and
the other being West Babcock Subdivision, located in the Northeast one-
quarter of Section 11/ Township 2 South, Range 5 East, Montana Principal
Meridian, and being further described as follows:
Beginning at the northwest corner of said Certificate or Survey No. 1855;
thence in a clockwise direction around and along the perimeter boundary
of said Certificate of Survey No. 1855 through the following courses:
North 88020'08" East, a distance of 289.93 feet; South 00009'52" West,
a distance of 291.36 feet; South 79030'07" East, a distance of 227.00
feet; North 25020'54" East, a distance of 127.00 feet; North 00010'00"
East, a distance of 226.01 feet; North 88020'08" East, a distance of
80.00 feet; South 00009'53" West, a distance of 1252.50 feet; South
83053'09" West, a distance of 335.93 feet; South 00003'40" East, a
distance of 60.03 feet.
Thence in a clockwise direction around and along the perimeter boundary
of said West Babcock Subdivision, as follows:
South 00002'36" East, a distance of 1304.14 feet; South 88014'02"
West, a distance of 329.88 feet; North 00001/37" West, a distance of
1303.87 feet; North 88011 '38" East, a distance of 25.43 feet; thence
North 00014'32" West along the west line of Certificate of Survey No.
1855, a distance of 1339.14 feet to the point of beginning.
Said Tracts contain 27.085 acres more or less, or 1/179/823 square feet,
along with and subject to any existing easements.
Section 1
Estimate of Cost
The total estimated cost of the Improvements, including construction costs/
engineering, contingency, Special Improvement District Revolving Fund, City administrative
charges and incidental expenses, is One Hundred Fifty Thousand and No/100 Dollars
($150,000.00).
Section 2
Finding of Benefit and Method of Assessment
The City Commission of the City of Bozeman hereby finds, determines and declares
that each of the lots, blocks, tracts, pieces and parcels of land, abutting and non-abutting,
situated within the boundaries of the district, will be especially benefited and affected by
such improvement and will be the property to be assessed for the cost and expense of
making said improvements. The Improvements, in the opinion of this Commission, are of
- 2 -
more than local and ordinary benefit. The property included within said district is hereby
declared to be the property benefited by the improvements.
The cost is to be assessed against the entire district on an actual area basis. Each
lot, block, tract or parcel of land within the district will be assessed for that portion of the
whole cost which its area bears to the area of the entire district, exclusive of streets,
avenues, alleys and public places.
The total actual assessable square footage within the entire district is 969,906.96
square feet and is the area on which all protests will be received, considered and determined.
It is also the square footage on which all assessments will be figured. The estimated cost
per square foot is $0.154.
Principal of and interest on the Bonds will be paid from special assessments levied
against the property in the District. This Commission further finds it is in the public interest,
and in the best interest of the City and the District, to secure payment of principal of and
interest on the Bonds by the Revolving Fund and hereby authorizes the City to enter into the
undertakings and agreements authorized in Section 7-12A225, M.C.A., in respect of the
Bonds.
Section 3
This notice is given pursuant to the provisions of Section 7-12-4106, M.C.A., and
all other applicable provisions of Title 7, M.C.A., relating to special improvement districts for
cities and towns, and any amendments thereof or thereto.
DATED this 3rd day of September 1997.
c?~ y ~~
ROBIN L. SULLIVAN
Clerk of the Commission
Legal Ad
Publish: Wednesday, September 17, 1997
Wednesday, September 24, 1997
- 3 -
-
COMMISSION RESOLUTION NO. 3198
Intent to create SID No. 664 - Engineering design, construction, inspection and
engineering certification of street improvements, including subgrade preparation, gravel base
courses, asphalt cement paving, curb, gutter, sidewalks, storm drainage and all necessary
appurtenances to construct a 640.02-foot portion of West Beall Street, from its current
terminus west of North 23rd Avenue to North 25th Avenue, in the City of Bozeman.
SID NO. 664
Name and Mailina Address Description
Timothy & Kathryn Hendricks
2400 West Durston Road # 1
Bozeman, Montana 59718 Willow brook Condos, Unit 1
Helen M. Walter
2400 West Durston Road #2
Bozeman, Montana 59718 Willow brook Condos, Unit 2
Janelle Tillett
2400 West Durston Road #3
Bozeman, Montana 59718 Willow brook Condos, Unit 3
Tom W. & Janet Nelson
2400 West Durston Road #4
Bozeman, Montana 59718 Willow brook Condos, Unit 4
Fred R. Graves
2400 West Durston Road #5
Bozeman, Montana 59718 Willow brook Condos, Unit 5
Helen Elizabeth Brougham
2400 West Durston Road #6
Bozeman, Montana 59718 Willowbrook Condos, Unit 6
Brenda I. Turner
2400 West Durston Road #7
Bozeman, Montana 59718 Willow brook Condos, Unit 7
Phillip Keith
2400 West Durston Road #8
Bozeman, Montana 59718 Willow brook Condos, Unit 8
Chester Ford Laney, et a/.
2400 West Durston Road #9
Bozeman, Montana 59718 Willow brook Condos, Unit 9
R.K. Bekemans Trust
2400 West Durston Road #10
Bozeman, Montana 59718 Willowbrook Condos, Unit 10
Helen H. Backlin
2400 West Durston Road # 11
Bozeman, Montana 59718 Willow brook Condos, Unit 11
Larry & Debra Asher
2400 West Durston Road # 12
Bozeman, Montana 59718 Willow brook Condos, Unit 12
Willow brook Condo Association
2421 Highland Boulevard
Bozeman, Montana 59715 Willow brook Condos, Unit 13
-
Jensen Family Trust Agreement
2400 West Durston Road #14
Bozeman, Montana 59718 Willow brook Condos, Unit 14
Harold B. and Audelle Estes
2400 West Durston Road # 15
Bozeman, Montana 59718 Willow brook Condos, Unit 15
Joseph P. Arcari
2400 West Durston Road #16
Bozeman, Montana 59718 Willow brook Condos, Unit 16
Willow brook Condo Association
2421 Highland Boulevard
Bozeman, Montana 59715 Willowbrook Condos, Unit 17
Ronald Tabias
2400 West Durston Road # 18
Bozeman, Montana 59718 Willow brook Condos, Unit 18
Stanley E. Goode
2400 West Durston Road #19
Bozeman, Montana 59718 Willowbrook Condos, Unit 19
HRDC
321 East Main Street Ste 300
Bozeman, Montana 59715 Lot 1, Block 1, West Babcock Subdivision
HRDC
321 East Main Street Ste 300
Bozeman, Montana 59715 Lot 2, Block 1, West Babcock Subdivision
HRDC
321 East Main Street Ste 300
Bozeman, Montana 59715 Lot 3, Block 1, West Babcock Subdivision
Wanda C. Vergith
60 North 24th Avenue
Bozeman, Montana 59718 Lot 4, Block 1, West Babcock Subdivision
Charles R. & Allison N. Gappmeyer
64 North 24th Avenue
Bozeman, Montana 59718 Lot 5, Block 1, West Babcock Subdivision
Bruce D. & Dawn P. Byrd
102 North 24th Avenue
Bozeman, Montana 59718 Lot 6, Block 1, West Babcock Subdivision
HRDC
321 East Main Street Ste 300
Bozeman, Montana 59715 Lot 1, Block 2, West Babcock Subdivision
Jean Grotberg
47 North 24th Avenue
Bozeman, Montana 59718 Lot 2, Block 2, West Babcock Subdivision
Peggy Tombre
51 North 24th Avenue
Bozeman, Montana 59718 Lot 3, Block 2, West Babcock Subdivision
Karen E. Conrey
55 North 24th Avenue
Bozeman, Montana 59718 Lot 4, Block 2, West Babcock Subdivision
- 2 -
.,: "'''~,''':'II''".c.,
Nancy D. Herzog
61 North 24th Avenue
Bozeman, Montana 59718 Lot 5, Block 2, West Babcock Subdivision
Mark R. & Barbara C. Limpus
65 North 24th Avenue
Bozeman, Montana 59718 Lot 6, Block 2, West Babcock Subdivision
Dave & Melissa Smith
106 North 24th Avenue
Bozeman, Montana 59718 Lot 1, Block 3, West Babcock Subdivision
Michael & Connie Murray
110 North 24th Avenue
Bozeman, Montana 59718 Lot 2, Block 3, West Babcock Subdivision
HRDC
321 East Main Street Ste 300
Bozeman, Montana 59715 Lot 3, Block 3, West Babcock Subdivision
Derek G. & Shannon L. Gustafson
118 North 24th Avenue
Bozeman, Montana 59718 Lot 4, Block 3, West Babcock Subdivision
Carol Ann Townsend
122 North 24th Avenue
Bozeman, Montana 59718 Lot 5, Block 3, West Babcock Subdivision
Robin J. & Amy Bagley
202 North 24th Avenue
Bozeman, Montana 59718 Lot 6, Block 3, West Babcock Subdivision
Cheryl L. Fleming
206 North 24th Avenue
Bozeman, Montana 59718 Lot 7, Block 3, West Babcock Subdivision
John H. Bies
210 North 24th Avenue
Bozeman, Montana 59718 Lot 8, Block 3, West Babcock Subdivision
HRDC
321 East Main Street Ste 300
Bozeman, Montana 59715 Lot 9, Block 3, West Babcock Subdivision
Dana & Paula Baker
109 North 24th Avenue
Bozeman, Montana 59718 Lot 1, Block 4, West Babcock Subdivision
Angela E. Smith
113 North 24th Avenue
Bozeman, Montana 59718 Lot 2, Block 4, West Babcock Subdivision
Louis A. Bowker
117 North 24th Avenue
Bozeman, Montana 59718 Lot 3, Block 4, West Babcock Subdivision
HRDC
321 East Main Street Ste 300
Bozeman, Montana 59715 Lot 4, Block 4, West Babcock Subdivision
Peter E. & LaRena T. March
201 North 24th Avenue
Bozeman, Montana 59718 Lot 5, Block 4, West Babcock Subdivision
~ 3 -
- ...u".. . ,,- .--.....- ,..---.. _.
.~,--- - --.-
Linda A. Lammer
205 North 24th Avenue
Bozeman, Montana 59718 Lot 6, Block 4, West Babcock Subdivision
HRDC
321 East Main Street Ste 300
Bozeman, Montana 59715 Lot 7, Block 4, West Babcock Subdivision
This is to certify that I did personally mail at the Post Office of the City of Bozeman,
on September 17, 1997, postage prepaid, a copy of the attached Notice in Re to the
foregoing owners in Special Improvement District No. 664.
ROBIN L. SULLIVAN
Clerk of the Commission
Subscribed and sworn to before me this 17th day of September 1997.
Notary Public for the State of Montana
Residing at Bozeman, Montana
My Commission expires:
- 4 -
n___.__..._