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HomeMy WebLinkAbout638300221916566612) r, ) r 2 ? 6 45 _ 7 ^' �c *N•.gyp .t^, •--- n ^� 1 jj.4. r r y, - r J ., r J FILE REVIEW SHEET FINAL PUD File Name: ` p C� 60Jl cy ''iNumber: I 3 ;`P-07021,P-07018, Z-07091, Z-07049, P-07004, P-05065B,P-05065A, P-05065, Reference Filesp-��nj 5A_ P-06015, E-06013, P-05040, P-05040A, Z-03090, P-0110, Z-01045, A-0103 Date Date Done N/A Due Done By Application deemed incomplete Application deemed complete ❑ DRC Review(route to all DRC members) DRB Memo due(if applicable) ❑ DRB Meeting(if applicable) El Final PUD Conditions Recorded at Clerk&Recorder's Office ❑ Final PUD Design Guidelines / Covenants Recorded ❑ Cash-in-lieu payments (open space, affordable housing) Approved Approved with Redlines Denied Date Planning Director Action J T Date building permits issued Date improvements must be completed: Date financial guarantee expires: Date of final walk-through and approval: Date financial guarantee released: Covenants/Design Guidelines:document#: Date final park plan submitted (if applicable): Date final park plan approved by the City Commission: a02 EMA I ....NO . NO " Proiect Activity Loa City of Bozeman �v Department of Planning and Community Development COMMUNITY CEYEIOPMENT �1 Project Name: pu-o File Number: C l P ♦c x �'re`,+ u.>.�n'-.3 ,,.�a iu^iJ S �:T �"� f "4t� ..xa r r w►. r_y±c .'. �a, r �t w t h .. Yauxs�t- eiCUrllla"tl.V,E rr u. +tsr �. t Staff - ; �A6b,jlty'L,00 zr '&A H011rB ber5::.51 . '� ;- M-Jt' r � 011 D , CITAF BOZEMAN T DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPMENT Alfred M. Stiff Professional Building phone 406-582-2260 20 East Olive Street fax 406-582-2263 P.O. Box 1230 planning@bozeman.net Bozeman, Montana 59771-1230 www.bozeman.net MEMORANDUM To: Bozeman Building Division (2 copies) Bozeman Water and Sewer Department Bozeman Engineering Department(Bob Murray) From: Lanette Windemaker, AICP; Contract Planner Date: November 14, 2007, 2007 Re: Baxter Meadows 4 Final PUD Plan (#Z-07049)—Approved Final Plan The Final.PUD Plan was approved by the Planning Director on November 14, 2007. Attached is the copy of the approval Final PUD Plan for your records. If you do not want your copy, please return it to me. If you have any questions,please give me a call at 586-5266. planning • zoning • subdivision review • annexation historic preservation housing • grant administration • neighborhood coordination CITY& BOZEMAN DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPMENT .� Alfred M. Stiff Professional Building phone 406-582-2260 20 East Olive Street fax 406-582-2263 P.O. Box 1230 planning@bozemon.net Bozeman, Montana 59771-1230 www.bozemon.net MEMORANDUM To: Bozeman Building Division (2 copies) Bozeman Water and Sewer Department Bozeman Engineering Department.(Bob Murray) From: Lanette Windemaker, AICP; Contract Planner Date: November 14, 2007, 2007 Re: Baxter Meadows 4 Final PUD Plan (#Z-07049)—Approved Final Plan The Final PUD Plan was approved by the Planning Director on November 14, 2007. Attached is the copy of the approval Final PUD Plan for your records. If you do not want your copy,please return it to me. If you have an questions, lease give me a call at 586-5�266. Y Yq � p planning • zoning • subdivision review annexation historic preservation housing grant administration neighborhood coordination Lie` �` I I �SeY� ih IKS�(,('G -��.f off' � � � � ��.r� . i - � � Inter-office Original to: • City of Bozeman Planning Department P.O.Box 1230 • Bozeman,MT 59771-1230 CONDITIONS OF APPROVAL OF A CONDITIONAL USE PERMIT FOR PROPERTY LOCATED IN BAXTER MEADOWS PUD PHASE 4,BOZEMAN, MONTANA WHEREAS, the undersigned property owner acknowledges the receipt of a Conditional Use Permit from the City of Bozeman to allow a neo-traditional mixed-use Planned Unit Development for the development of 127 lots for single household uses, multi household uses, and a community center with open space and a trail system on — 48 acres with the following requested relaxations from the City of Bozeman Municipal Code: a) Section 18.42.040, Blocks; to allow block length to exceed 400 feet but not exceed 1, 087 feet; • b) Section 18.42.040, Blocks; to allow block width to be less than 200 feet or more than 400 feet in width; c) Section 18.42.150.C.5, Lighting; to allow local street light mounting heights to be less than 25 feet; d) Section 18.44.050, Street and Road Right of Way Width and Construction Standards; to allow a 55 foot right of way width for local streets; and e) Section 18.16.050.A, Yards; to allow a corner side yard (front yard) to be a minimum of 10 feet; and WHEREAS, the subject property is legally described as Lot 3 of Minor Subdivision No. 400„ located in the Northeast '/ of Section 3, T2S, PMM, City of Bozeman, Gallatin County, Montana; and WHEREAS, the Conditional Use Permit is subject to the following 14 conditions and 5 code provisions: l.. Due to topography, the presence of critical lands, access control, and adjacency to open .space, block lengths may exceed 400 feet but may not exceed 1, 087 feet, and shall not exceed 600 feet without a 30 foot right of way with pedestrian walkway. • Baxter Meadows PUD Phase 4; Conditional Use Permit#Z-07049 PAGE 1 OF 5 • 2. Due to separation of residential development from traffic arterials and to overcome specific disadvantages of topography and orientation, block widths may be less than 200 feet or more than 400 feet in width. 3. Per Section 18.42.040, a right-of-way for a pedestrian walk, not less than 10 feet wide, shall be required in Lot 12, Block 7 in alignment with the pedestrian walk bisecting Block 8 and _ extending across the spring ditch to intersect with the trail on the west side of the spring ditch. Unless the pedestrian right-of-way is a minimum of 30 feet wide, the setback adjacent to it shall be a minimum of 15 feet. 4. In keeping with the previous approved residential subdivisions within the Baxter Meadows PUD, street light pole heights may be 17.5 feet within the interior of the subdivision. Street light pole heights at interior street intersections with Vaquero Parkway shall be 20 feet. 5. The corner side yard (front yard) setback of Lots 1 & 9, Block 3 and Lois 10 & 20, Block 4 maybe 10 feet. 6. A community center that is intended for use solely by the.residents of this development, and privately or jointly owned, is an accessory use, and as such would not be subject to Section 18.40.210. Lot 11, Block 7 shall be designated for a community center for the sole use of the residents of the development on the final plat, final PUD plan and in the covenants. The community center shall be subject to site plan review in accordance with the BMC. • 7. The lots along Baxter Lane and Davis Lane shall have double-front architectural features facing those roads as found on the front of the dwellings units, for example; covered porches, varied roof lines, multiple fagade materials, varied fagade plane, and decorative lighting. These architectural requirements shall be addressed and demonstrated in the covenants/development guidelines. 8. Fences located in the side or rear yard setback of properties adjacent to any park or open space shall not exceed a maximum height of 4 feet, and shall be of an open construction. This requirement shall be addressed and demonstrated in the covenants/development guidelines. 9. The development guidelines shall include thumbnail sketches to demonstrate architectural requirements. 10. The owner shall executed and submit documents the following prior to final plan approval: a. A certification of completion and compliance stating that they understand any conditions. of approval and the submitted final site plans or master site plan have complied with any conditions of approval .or corrections to comply with code provisions per Section 18.34.130.B. b. A statement of intent to construct according to the final site plan. Such statement shall acknowledge that construction not in compliance with the approved final site plan may result in delays of occupancy or costs to correct noncompliance per Section 18.34.130.C. • Baxter Meadows PUD Phase 4; Conditional Use Permit#Z-07049 PAGE 2 OF 5 • c. A certification that it is their intent to comply with the requirements of the Bozeman Municipal Code and any conditions considered necessary by the approval body. 11. That the right to a use and occupancy permit shall be contingent upon the fulfillment of all general and special conditions imposed by the conditional use permit procedure pursuant to Section 18.34.100.C.1 of the Bozeman Municipal Code. _ 12. That all of the special conditions shall constitute restrictions running with the land use, shall apply and be adhered to by the owner of the land,.successors or assigns, shall be binding upon the owner of the land, his successors or assigns, shall be consented to in writing, and shall be recorded as such with the County Clerk and Recorder's Office by the'property owner prior to the issuance of any building permits, final site plan approval or commencement of the conditional use pursuant to Section 18.34.100.C.2 of the Bozeman Municipal Code. 13. The final site plan shall comply with the standards identified and referenced in the Bozeman Municipal Code. The applicant is advised that unmet code provisions, or code provisions that are not specifically listed as conditions of approval, does not, in any way, create a waiver or other relaxation of the lawful requirements of the Bozeman Municipal Code or state law. 14. The open space landscaping plans shall exceed the standards of Chapter 18.48, similar to that demonstrated in Alternative C. The applicant should consider revising Alternative C to include seating along the trail system and additional planting to break up the grassed areas adjacent to Baxter Lane. • a. Per Section 18.74.030.D, the a licant-must submit twelve 12 copies of a Concurrent applicant-must ( ) p � Construction Plan that addresses all aspects of this section to the Planning Department for DRC review and Planning Director approval before concurrent construction may be approved. b. Per Section 18.48.020, planned unit development landscaping plans shall meet or exceed the p p standards of Chapter 18.48. c. Per Section 18.36.090.E, the applicant shall document the provision of twenty performance points. A table showing the computed PUD open space shall be included on the final plan. d. Per Section 18.36.060, the applicant must submit seven (7) copies a Final PUD Plan within one (1) year of preliminary approval containing all of the conditions, corrections and modifications to be reviewed and approved by the Planning Department. e. The applicant shall submit with the application for Final Plan review and approval, a written narrative stating how each of the conditions of preliminary plan approval has been satisfactorily addressed. • Baxter Meadows PUD Phase 4• Conditional Use Permit#Z-07049 PAGE 3 OF 5 w • • WHEREAS, the right to a use and occupancy permit shall be contingent upon the fulfillment of all general and special conditions imposed by the Conditional Use Permit procedure. WHEREAS, all of the special conditions shall constitute restrictions running with the land, shall be binding upon the owner of the land, his successors or assigns, and shall be recorded _ as such with the Gallatin County Clerk and Recorder's Office by the property owner prior to the final site plan approval or commencement of the use. WHEREAS, all of the conditions specifically stated under any conditional use listed in this title shall apply and be adhered to by the owner of the land, successor or assigns. WHEREAS, all of the special conditions attached to this Conditional Use Permit shall be consented to in writing by the applicant prior to commencement of the use. NOW, THEREFORE, BE IT HEREBY KNOWN, that the above-noted 14 conditions and 5 code provisions of Conditional Use Permit approval shall be binding upon me, the undersigned owner of the subject property, my successors or assigns, as long as the subject property is being used as a neo-traditional mixed-use Planned Unit Development. DATED THIS_ DAY OF (,4✓—��j�( , 2007. PROPERT)�q_IVNE Baxte eadows West, LLC Michael E. Potter, President; Potter Clinton Development, Inc. Managing Member of xter Meadows West, LLC Baxter Meadows West, LLC Thomas L. Clinton, Vice President; Potter Clinton Development, Inc. Managing Member of Baxter Meadows West, LLC STATE OF :ss County of Gal Ia+i n ) On this day of 0-J 0 h•e j , 2007, before me, the undersigned, a Notary Public for the State of Montana, personally appeared Michael E. Potter,'known to me to be the President, Potter Clinton Development, Inc., Managing Member of Baxter Meadows West LLC and Thomas L. Clinton, known to me to be the Vice President, Potter Clinton Development, Inc., Managing Member of Baxter Meadows West, LLC, the corporation that executed the within • Baxter Meadows PUD Phase 4; Conditional Use Permit#Z-07049 PAGE 4 OF 5 instrument, and acknowledged to me that he executed the same for and on behalf of said • corporation. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and year first above written. (Si�n ature above t�onn (Seal) (Printed Name above) Notary Public for State of Montana Residing at: C11 a 40 Commission Expires: - % 9 _ 2 6 1/ (Use 4 digits for expiration year) • • Baxter Meadow P Phase 4• Conditional Use Permit#Z-0 4 PA E 5 s UD 70 9 G OF 5 �� • • • Inter-office Original City of Bozeman Planning Department P.O.Box 1230 • Bozeman,MT 59771-1230 CONDITIONS OF APPROVAL OF A CONDITIONAL USE PERMIT FOR PROPERTY LOCATED IN BAXTER MEADOWS PUD PHASE 4,BOZEMAN, MONTANA WHEREAS, the undersigned property owner acknowledges the receipt of a Conditional Use Permit from the City of Bozeman to allow a neo-traditional mixed-use Planned Unit Development for the development of 127 lots for single household uses, multi household uses, and a community center with open space and a trail system on — 48 acres with the following requested relaxations from the City of Bozeman Municipal Code: a) Section 18.42.040, Blocks; to allow block length to exceed 400 feet but not exceed 1, 087 feet; • b) Section 18.42.040, Blocks; to allow block width to be less than 200 feet or more than 400 feet in width; c) Section 18.42.150.C.5, Lighting; to allow local street light mounting heights to be less than 25 feet; d) Section 18.44.050, Street and Road Right of Way Width and Construction Standards; - to allow a 55 foot right of way width for local streets; and e) Section 18.16.050.A, Yards; to allow a corner side yard (front yard) to be a minimum of 10 feet; and WHEREAS, the subject property is legally described as Lot 3 of Minor Subdivision No. 400„ located in the Northeast '/ of Section 3, T2S, PMM, City of Bozeman, Gallatin County, Montana; and WHEREAS, the Conditional Use Permit is subject to the following 14 conditions and 5 code provisions: 1.. Due to topography, the presence of critical lands, access control, and adjacency to open space, block lengths may exceed 400 feet but may not exceed 1, 087 feet, and shall not exceed 600 feet without a 30 foot right of way with pedestrian walkway. • Baxter Meadows PUD Phase 4; Conditional Use Permit#Z-07049 PAGE 1 OF 5 2. Due to separation of residential development from traffic arterials and to overcome specific • disadvantages of topography and orientation, block widths may be less than 200 feet or more than 400 feet in width. 3. Per Section 18.42.040, a right-of-way for a pedestrian walk, not less than 10 feet wide, shall be required in Lot 12, Block 7 in alignment with the pedestrian walk bisecting Block 8 and _ extending across the spring ditch to intersect with the trail on the west side of the spring ditch. Unless the pedestrian right-of-way is a minimum of 30 feet wide, the setback adjacent to it shall be a minimum of 15 feet. 4. In keeping with the previous approved residential subdivisions within the Baxter Meadows PUD, street light pole heights may be 17.5 feet within the interior of the subdivision. Street light pole heights at interior street intersections with Vaquero Parkway shall be 20 feet. 5. The corner side yard (front yard) setback of Lots 1 & 9, Block 3 and Lots 10 & 20, Block 4 maybe 10 feet. 6. A community center that is intended for use solely by the residents of this development, and privately or jointly owned, is an accessory use, and as such would not be subject to Section 18.40.210. Lot 11, Block 7 shall be designated for a community center for the sole use of the residents of the development on the final plat, final PUD plan and in the covenants. The community center shall be subject to site plan review in accordance with the BMC. • 7. The lots along Baxter Lane and Davis Lane shall have double-front architectural features facing those roads as found on the front of the dwellings units, for example; covered porches, varied roof lines, multiple facade materials, varied facade plane, and decorative lighting. These architectural requirements shall be addressed and demonstrated in the covenants/development guidelines. 8. Fences located in the side or rear yard setback of properties adjacent to any park or open space shall not exceed a maximum height of 4 feet, and shall be of an open construction. This requirement shall be addressed and demonstrated in the covenants/development guidelines. 9. The development guidelines shall include thumbnail sketches to demonstrate architectural requirements. 10. The owner shall executed and submit documents the following prior to final plan approval: a. A certification of completion and compliance stating that they understand any conditions of approval and the submitted final site plans or master site plan have complied with any conditions of approval or corrections to comply with code provisions per Section 18.34.130.B. b. A statement of intent to construct according to the final site plan. Such statement shall acknowledge that construction not in compliance with the approved final site plan may result in delays of occupancy or costs to correct noncompliance per Section 18.34.130.C. • Baxter Meadows PUD Phase 4; Conditional Use Permit#Z-07049 PAGE 2 OF 5 c. A certification that it is their intent to comply with the requirements of the Bozeman - • Municipal Code and any conditions considered necessary by the approval body. 11. That the right to a use and occupancy permit shall be contingent upon the fulfillment of all general and special conditions imposed by the conditional use permit procedure pursuant to Section 18.34.100.C.1 of the Bozeman Municipal Code. _ 12. That all of the special conditions shall constitute restrictions running with the land use, shall apply and be adhered to by the owner of the land,.successors or assigns, shall be binding upon the owner of the land, his successors or assigns, shall be consented to in writing, and shall be recorded as such with the County Clerk and Recorder's Office by the property owner prior to the issuance of any building permits, final site plan approval or commencement of the conditional use pursuant to Section 18.34.100.C.2 of the Bozeman Municipal Code. 13. The final site plan shall comply with the standards identified and referenzed in the Bozeman Municipal Code. The applicant is advised that unmet code provisions, or code provisions that are not specifically listed as conditions of approval, does not, in any way, create a waiver or other relaxation of the lawful requirements of the Bozeman Municipal Code or state law. 14. The open space landscaping plans shall exceed the standards of Chapter 18.48, similar to that demonstrated in Alternative C. The applicant should consider revising Alternative C to include seating along the trail system and additional planting to break up the grassed areas adjacent to Baxter Lane. • a. Per Section 18.74.030.D, the applicant-must submit twelve (12) copies of a Concurrent Construction Plan that addresses all aspects of this section to the Planning Department for DRC review and Planning Director approval before concurrent construction may be approved. b. Per Section 18.48.020, planned unit development landscaping plans shall meet or exceed the standards of Chapter 18.48. c. Per Section 18.36.090.E, the applicant shall document the provision of twenty performance points. A table showing the computed PUD open space shall be included on the final plan. d. Per Section 18.36.060, the applicant must submit seven (7) copies a Final PUD Plan within one (1) year of preliminary approval containing all of the conditions, corrections and modifications to be reviewed and approved by the Planning Department. e. The applicant shall submit with the application for Final Plan review and approval, a written narrative stating how each of the conditions of preliminary plan approval has been satisfactorily addressed. • Baxter Meadows PUD Phase 4; Conditional Use Permit#Z-07049 PAGE 3 OF 5 WHEREAS, the right to a use and occupancy permit shall be contingent upon the fulfillment of all general and special conditions imposed by the Conditional Use Permit procedure. WHEREAS, all of the special conditions shall constitute restrictions running with the land, shall be binding upon the owner of the land, his successors or assigns, and shall be recorded _ as such with the Gallatin County Clerk and Recorder's Office by the property owner prior to the final site plan approval or commencement of the use. WHEREAS, all of the conditions specifically stated under any conditional use listed in this title shall apply and be adhered to by the owner of the land, successor or assigns. WHEREAS, all of the special conditions attached to this Conditional Use Permit shall be consented to in writing by the applicant prior to commencement of the use. NOW, THEREFORE, BE IT HEREBY KNOWN, that the above-noted 14 conditions and 5 code provisions of Conditional Use Permit approval shall be binding upon me, the undersigned owner of the subject property, my successors or assigns, as long as the subject property is being used as a neo-traditional mixed-use Planned Unit Development. DATED THIS _DAY OF ()C-iD b gyp( , 2007. PROPERTY • Baxte eadows West, LLC Michael E. Potter, President; Potter Clinton Development, Inc. Managing Member of Baxter Meadows West, LLC Baxter Meadows West, LLC Thomas L. Clinton, Vice President; Potter Clinton Development, Inc. Managing Member of Baxter Meadows West, LLC STATE OF Mo r4o r%n, ) :ss County of �cic(I a-Fi A ) On this day of (� �0 .e V , 2007, before me, the undersigned, a Notary Public for the State of Montana, personally appeared Michael E. Potter, known to me to be the President, Potter Clinton.Development, Inc., Managing Member of Baxter Meadows West LLC and Thomas L. Clinton, known to me to be the Vice President, Potter Clinton Development, Inc., Managing Member of Baxter Meadows West, LLC, the corporation that executed the within • Baxter Meadows PUD Phase 4; Conditional Use Permit#Z-07049 PAGE 4 OF 5 instrument, and acknowledged to me that he executed the same for and on behalf of said corporation. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and year first above written. (SlEature abovejL Gn n i g J h b iYK S ovi (Seal) (Printed Name above) Notary Public for State of Montana Residing at: A-el co a 0(-Q Commission Expires: - % 0/ (Use 4 digits for expiration year) i i • Baxter Meadows PUD Phase 4; Conditional Use Permit#Z-07049 PAGE 5 OF 5 i ------� �e��(ace i n T� � a1 � , (�(.� i • • • • ER EApOWS E 1 °�PHASE`n BIUu^' 0.5.NO.2<� NINOR Sue.... wB.P. BOCK 20,LOT 1-12 C W BED 2 6 80 TRADErR EAD0A5 0 OPME 2,FM.964 6 Cr NT1-629' PUBLICPARK5 10 LOT j1 LOT 12 WILLLIN R.AND DIANNE PETERS( LOT 7 LOT B LOT 9 5001 BA%TCR W.FAST OF BOZEMAN,MT 5971E-9797 B NING AVTL� T ,N0019'191Y .PUBLIC STREET ESMT DOC.12103143(E) N89'41'S9� 1154.9Y 31 35 Pu9ut STREET ESMT ti00 BAXTER Lfi1Vl. 0� ti0 BAXTER LANE 3 2 DOC.121D3146 NW41'5n 419.22' LL POS A BLOCK 2 'J° PUBLIC STREET ESMT FM 179.PC 2W PCs b ' BLOCK 1 ry 1 2 3 4 5 B 7 B 9 10 11 1 2 3 4 5 8 7 8 9 - 0° iY5 1 8 LOLO WAY 00 LOLO WAY 00 `° PAXTER MEADOWS POS D 1 2 3,��4 5 8 7 g 1 2 3 4 t8 1 9 7 ° B IO ( ( (RSL) (RSL) (RSL) (RSL) (RSL) (RSL) v (HSL) (RSL) (93L) (RSL) 11 P HAS E BLOCK 3 BLOCK 4 4 POS R CC = 12 JQ r K 9 30 it 12 13 14 I6 1B 11 ` 13 14 I6 IB 17 IB 19 2U STREET LIGHT SITE PLAN 1 ~ (RSL) (RSL) (RSL) RSL) (RSL) (RSL) (RSL) (RSL) (RSL) (P-M) (RSL) ,°0 Z 13 g a J 0 a 2 �00 ° LEMHI TRAIL DRIVE ¢ 14 z z _ Updated: 10-8-07 2 5 3 Q 15 22 21 20 19 18 17 N 1 2 3 4 B 8 7 B 9 Q Q ],. 0 4 IB BLOCK 5 15 BLOCK 6 Legend: ,7 6 POS C rl POS P 14 10 11 12 13 14 15 18 17 18 1B NEW IN e SYMBOL PHASE 4 TYPE CATALOG ARM HEADS HEIGHT CONFIG. 7 13 0 0 MONIDA DRIVE 0 0 � 10 ti0 25 LAMP FIXT. LENSE ARM POLE/HT. FIN. • O 4 P1 70—MH—DMS50—SG1—V—OMI A—SM6F-1 8—BKTX 2' 1 17.5' STAGGERED LOT 4 5UB0MSION N0. MINR 8 12 1 11 • 8 P1 100—MH—DMS50—SG3—V—OMIA—SM6F-18—BKTX 2' 1 17.5' STAGGERED 9 11 2 z 1 �L� 3 • 5 P1 100—MH—DMS50—SG3—V—OMIA—SM6F-20—BKTX 2' 1 20' STAGGERED 10 �L 3 • 3 P1 250 MH — SEE ATTACHED SPECIFICATIONS 35' P09 0 .. � 4 =o 4 6 0% 12 �0 5 co Note: All street lights shown on this plan shall be installed,operated and maintained BLOCK 7 POS H by The Crossing at Baxter Meadows POA(Phase 4)until such time that a Street e 6 a 7 FM.2D76 Improvement Lighting District(SILD)is created to do the same. GgQG B W CASCADE DEYELOPMENT,WC Y C/O"YNE JENNINCS ICjQO Z 7 125 W.MWDEN ST. A 9 902EMAN,MT 59715-35116 9p a 9` 10 � 5 9 r it j FA9EMENf WIDTH AMBIGUOUS IN 10 n DOCUMENT COUNTY RECIONAL PARK "i G COUNTY STREET p 5 N 122028 W. ° °)la oo'W 14&05'331`s�o ° 0 501 100E 200, BOZEMAN,MOMANA 59715 • 1° r� • 1 FUTURE 75.00' Scale in Feet North CITY OF BOZEMAN DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPMENI Alfred M.Stiff Professional Building 20 East Olive Street phone 406-582-2260 P.O.Box 1230 fax 406-582-2263 Bozeman,Montana 59771-1230 planning@bozeman.net vvww.bozeman.net June 19,2007 (Responses revised 11.2.2007) Baxter Meadows Development, LP 1500 Poly Dr., Ste. 300 Billings, MT 59102 RE: Baxter Meadows PUD Phase 4 Preliminary Plan#Z-07049 Baxter Meadows PUD Phase 4 Major Subdivision Preliminary Plat#P-07011 Dear Jerry: At its June 18, 2007, public hearing, the Bozeman City Commission voted unanimously, 5-0, to conditionally approve the Baxter Meadows PUD Phase 4 Preliminary Plan. Regarding the Baxter Meadows PUD Phase 4 Preliminary Plan, the Planning Director hereby grants approval contingent upon satisfactorily meeting the following conditions: 1. Due to topography, the presence of critical lands, access control, and adjacency to open space,block • lengths may exceed 400 feet but may not exceed 1,087 feet, and shall not exceed 600 feet without a 30 foot right of way with pedestrian walkway. R: Acknowledged,see Final Plat Drawing(Tab 2). 2. Due to separation of residential development from traffic arterials and to overcome specific disadvantages of topography and orientation,block widths may be less than 200 feet or more than 400 feet in width. R: Acknowledged, see Final Plat Drawing(Tab 2). 3. Per Section 18.42.040, a right-of-way for a pedestrian walk,not less than 10 feet wide, shall be required in Lot 12,Block 7 in alignment with the pedestrian walk bisecting Block 8 and extending across the spring ditch to intersect with the trail on the west side of the spring ditch. Unless the pedestrian right-of-way is a minimum of 30 feet wide,the setback adjacent to it shall be a minimum of 15 feet. R: A thirty foot (301)wide pedestrian corridor has been provided in Lot 12 of Block 7 in accordance with the above. A start point at the east aligned with the pedestrian corridor bisecting Block 8 and an end point to the west connecting to the east-west trail in the open space,which connects to the north-south trail in the open space is indicated on the Final P.U.D. Plan(Tab 5) and Open Space Landscaping Plans (Tab 3). The subdivider shall be responsible for the installation of all trails in the common open spaces, and a public access easement shall be granted with the final plat of that sub phase. The exact horizontal alignment of the thirty .,foot wide pedestrian corridor shall be determined at the time of Individual Site Plan Review for that lot. 4. In keeping with the previous approved residential subdivisions within the Baxter Meadows PUD, street light pole heights may be 17.5 feet within the interior of the subdivision. Street light pole heights at interior street intersections with Vaquero Parkway shall be 20 feet. R: Acknowledged, • see Street Lighting Plan (Tab 9). planning • zoning . subdivision review . annexation . historic preservation . housing . grant administraticn . neighborhood coordination • • 5. The comer side yard(front yard) setback of Lots 1 &9,Block 3 and Lots 10 &20,Block 4 may be • 10 feet. R: Acknowledged, see Building Guidelines and Setback Table(Tab 10). 6. A community center that is intended for use solely by the residents of this development, and privately or jointly owned, is an accessory use, and as such would not be subject to Section 18.40.210. Lot 11, Block 7 shall be designated for a community center for the sole use of the residents of the development on the final plat, final PUD plan and in the covenants. The community center shall be subject to site plan review in accordance with the BMC. R: This designation is shown on the Final P.U.D Plan (Tab 5)and in Section 1AT of the Covenants(Tab 4-3). When that sub-phase is platted it will have the same description on the plat. 7. The lots along Baxter Lane and Davis Lane shall have double-front architectural features facing those roads as found on the front of the dwellings units, for example; covered porches, varied roof lines,multiple fagade materials, varied fagade plane,and decorative lighting. These architectural requirements shall be addressed and demonstrated in the covenants/development guidelines.R: This is addressed in Sections 4.1A and 5.14A of the Design Guidelines (Tab 4-4). Examples of the architecture to be used are in included in this section. 8. Fences located in the side or rear yard setback of properties adjacent to any park or open space shall not exceed a maximum height of 4 feet, and shall be of an open construction. This requirement shall be addressed and demonstrated in the covenants/development guidelines. R: Fencing on all lots will be limited to four feet(41) in height and will be limited to a small portion of the rear or side yard. This is depicted in Section 7.7 of the Design Guidelines (Tab 4-4). 9. The development guidelines shall include thumbnail sketches to demonstrate architectural' • requirements. R: Acknowledged,see Section 4.2A and 4.2D of the Design Guidelines (Tab 4-4). 10. The owner shall executed and submit documents the following prior to final plan approval: a. A certification of completion and compliance stating that they understand any conditions of approval and the submitted final site plans or master site plan have complied with any conditions of approval or corrections to comply with code provisions per Section 18.34.130.B. b. A statement of intent to construct according to the final site plan. Such statement shall acknowledge that construction not in compliance with the approved final site plan may result in delays of occupancy or costs to correct noncompliance per Section 18.34.130.C. c. A certification that it is their intent to comply with the requirements of the Bozeman Municipal Code and any conditions considered necessary by the approval body. R: A copy of the signed Conditional Use Permit is included in the front pocket of this application. 11. That the right to a use and occupancy permit shall be contingent upon the fulfillment of all general and special conditions imposed by the conditional use permit procedure pursuant to Section 18.34.100.C.1 of the Bozeman Municipal Code. R: We acknowledge all special conditions and will comply with them. A copy of the signed Conditional Use Permit is included in the front pocket of this application. 12. That all of the special conditions shall constitute restrictions running with the land use, shall apply and be adhered to by the owner of the land, successors or assigns, shall be binding upon the owner of the land,his successors or assigns, shall be consented to in writing, and shall be recorded as such • with the County Clerk and Recorder's Office by the property owner prior to the issuance of any building permits, final site plan approval or commencement of the conditional use pursuant to Page 2 • • Section 18.34.100.C.2 of the Bozeman Municipal Code. R: Acknowledged,see Conditional Use Permit in front pocket. • comply 13. The final site plan shall with the standards identified and referenced in the Bozeman i Municipal Code. The applicant is advised that unmet code provisions, or code provisions that are not specifically listed as conditions of approval, does not, in any way, create a waiver or other relaxation of the lawful requirements of the Bozeman Municipal Code or state law. R: All code provisions have been met and are included on the Final P.U.D. Plan included in Tab 5. 14. The open space landscaping plans shall exceed the standards of Chapter 18.48, similar to that demonstrated in Alternative C. The applicant should consider revising Alternative C to include seating along the trail system and additional planting to break up the grassed areas adjacent to Baxter Lane. R: Please see the Open Space Landscaping Plan included in Tab 3. We have taken Alternative C and added several benches along the trail system. We have also placed trees throughout the grassed areas along Baxter Lane. In addition to the specific conditions listed above, the final plan shall comply with the standards identified below and referenced in the Bozeman Municipal Code. a. Per Section 18.74.030.D,the applicant must submit twelve(12)copies of a Concurrent Construction Plan that addresses all aspects of this section to the Planning Department for DRC review and Planning Director approval before concurrent construction may be approved.R: We are not applying for concurrent construction at this time. b. Per Section 18.48.020,planned unit development landscaping plans shall meet or exceed the • standards of Chapter 18.48. R: Acknowledged, see Open Space Landscaping Plan (Tab 3). c. Per Section 18.36.090.E, the applicant shall document the provision of twenty performance points. A table showing the computed PUD open space shall be included on the final plan. R: This is included on the Final P.U.D. Plan (Tab 5). d. Per Section 18.36.060, the applicant must submit seven(7)copies a Final PUD Plan within one(1) year of preliminary approval containing all of the conditions,corrections and modifications to be reviewed and approved by the Planning Department. Seven copies of the Final P.U.D. Plan have been submitted. e. The applicant shall submit with the application for Final Plan review and approval, a written narrative stating how each of the conditions of preliminary plan approval has been satisfactorily addressed.R: Acknowledged. Also at its June 18, 2007, public hearing, the Bozeman City Commission voted unanimously, 5-0, to conditionally approve the Baxter Meadows PUD Phase 4 Major Subdivision Preliminary Plat. Regarding the Baxter Meadows PUD Phase 4 Major Subdivision Preliminary Plat, the Planning Director hereby grants approval contingent upon satisfactorily meeting the following conditions: 1. The right-of-way widths of"A" Way and"B" Street shall not be less than 55'wide. Any street with a ROW less than 60'wide shall be subject to the following conditions: • Per Section 18.44.020.A, all streets within the proposed development shall be dedicated to the public. R: Acknowledged,see Final Plat drawing, Tab 2. • • Per Section 18.44.020.A.2.b, a permanent funding source, such as the levying of assessments against all properties within the development, for street maintenance is established and the Page 3 I • • funding levels will be adequate for all future private street maintenance. R: See Section 6.4 in • Tab 10-3. • Per Section 18.44.020.A.2.b, an executed waiver of right to protest the creation of SIDS, or other perpetual legal instrument, acknowledging that the City will not assume dedication and/or maintenance of the streets unless the street is brought up to City standards, or the property owners have agreed to an assessment to fund improvements required to bring the street up to City standards. The developer shall record the waiver, or other legal instrument, at the time of final plat recordation, or prior to issuance of building permits if no final plat recordation is required. R: This condition is acknowledged and a copy of the executed document is included in Tab 15. • Per Section 18.44.020.A.2.c, documented proof of adequate maintenance funding and scheduling, for all private streets, shall be provided, subject to Section 18.72.030. R: See Sections 5.3 and 6.5 in Tab 10-3. Also see Tab 24 for a current cost estimate broken out by sub-phases for snow plowing for all private streets. 2. Street light locations and specifications shall be provided to the City Engineer for review and approval with the public improvements plans and specifications. R: This was included with the public improvements plans and specifications and was approved by City Engineering. See Street Lighting Plan (Tab 4) and Design Approval Letters (Tab 6). 3. Street lighting SILD information shall be submitted to the Clerk of Commission directly after Preliminary Plat approval in hard copy and digital form. The final plat will not be deemed complete until the resolution to create the SILD has been approved by the City Commission. R: We do not plan to enter into an SILD at this time. All costs associated with installation of the street lights shall be borne by the developer. Assessments shall be setup within the owner's association for • maintenance and operation of the street lights (Section 5.1 of Tab 10-3). 4. Pursuant to Section 18.42.060, front yard utility easements shall be 10 feet wide, and shall always be provided unless written confirmation is submitted to the Planning Department from ALL utility companies providing service indicating that front yard easements are not needed. R: Utility easements shall be 10' wide and located on the rear property lines of all lots as indicated on the Final Plat Drawing(Tab 2). Qwest has no intention of installing infrastructure in this phase of Baxter Meadows because of the presence of Lightnex. Confirmation from utility companies that these locations are acceptable is included in Tab 21. 5. Pursuant to Section 18.42.180, the subdivider shall ensure that a minimum of 10 percent of the net buildable acreage is dedicated to Restricted Size Lots (RSLs). The additional RSL's not identified as a single household detached dwelling units on the preliminary plat shall be designated as single household attached Restricted Size Dwelling Units within the multi family lot, Lot 12, Block 7. R: These RSL designation were shown on the approved preliminary plat. They are also indicated on the Final Plat Drawing in the same location (Tab 2) and on the Final PUD Plan (Tab 9). The calculation for Sub Phase 4A is as follows: 10% x 217,343 square feet(buildable acreage) =21,734.3 square feet (equivalent to 4.35 lots at 5,000 square feet each) We are providing 10 RSL lots at 5,000 square feet each within Phase 4A for a total area of 50,000 square feet. The surplus area of 28,265.7 square feet shall be available as • carryover to be used in Sub Phases 4B,4C,and 4D. Page 4 • 6. Pursuant to Section 18.50.110, the developer shall install all trails/pathways. A minimum of 25 foot • wide public access easement shall be provided for all trail/pathway corridors. Trail/pathway locations and specifications shall be provided to the City Engineer for review and approval with the public improvements plans and specifications. R: All trails and pathways within common open space areas on this plat and future Sub Phases (4B, 4C, 4D) will be installed by the developer. An easement is shown on the Final Plat (Tab 2) of 25' for public access. In the future Sub Phases (4B, 4C, 4D) the easement will be continued through these areas as shown on the Final PUD Plan. The specifications for trail construction are consistent with the Class IIA Trail designation of the City Parks Department, with the exception that they will be 8' in width rather than the required 6' width. 7. Notes shall be included on the plat describing ownership and maintenance responsibility for parks and/or open space, e.g.: public park, dedicated to the city and maintained by the homeowners association; and open space, public access, owned by the landowners, maintained by the homeowners association, etc. R: This, note is included on the Final Plat (Tab 2) as well as in Section 5.1 of Tab 10-3 of the Owner's Association Documents. 8. Water rights, or if water rights are not available cash-in-lieu thereof, as calculated by the City Engineer is due with the final plat. R: No water rights were found for the property during a search of the DNRC's database. Cash-in-lieu is being provided in the amount indicated from City Engineering found in Tab 5. 9. A note shall be included on the plat describing park dedication for Lot 12, Block 7, e.g. park dedication requirements have been met for 8 dwelling units per acre, the equivalent of a total of 48 dwelling units; at the time of subsequent development, when net residential density becomes known, • park dedication requirements shall be met for any additional density in accordance with the BMC. R: Not applicable to this phase. 10. The Final Plat shall include a notation that due to high ground water conditions in the area full or partial basements are not recommended. Buildings proposed for construction with crawl spaces or basements shall include Engineer Certification regarding depth of ground water and soil conditions and proposed mitigation methods to be submitted with each Building Permit. R: This note is included on the Final Plat Drawing(Tab 2). 11. Applicant shall provide a soils report, along with building plans, to the Building Division, recommending types of foundations. If development shall occur in phases, the soils report may address those lots within the proposed phase. R: A soils report from previous phases that encompasses all of Baxter Meadows PUD has been submitted to the Building Division. This is included in Tab 19. 12. The final plat shall comply with the standards identified and referenced in the Bozeman Municipal Code. The applicant is advised that unmet code provisions, or code provisions that are not specifically listed as conditions of approval, does not, in any way, create a waiver or other relaxation of the lawful requirements of the Bozeman Municipal Code or state law. R: Acknowledged. 13. Final plat approval for Baxter Meadows Phase 4 Major Subdivision shall not be granted until an appropriate fire station site within the area defined in the adopted Bozeman Fire Protection Master Plan (i.e., between Flanders Mill Road and North 27`h Avenue, and between Durston Road and • Baxter Lane)has been secured. Page 5 I Subdivider shall enter into an agreement with the Fire Department whereby the Subdivider shall • design, construct, and warranty, the full design section of Vaquero Lane (less sidewalk on south side of Vaquero) including a temporary cul-de-sac, and the water main extension adjacent to and along the frontage of the proposed fire station/911 center, located at the intersection of Vaquero and Davis Lane in the Gallatin County Regional Park. The water main extension shall include a water service stub to the site as directed by the City Engineering Department. Phase 1 infrastructure plans shall include these improvements and the extensions will be made upon receiving a written request from the City Fire Department. R: We have completed the construction of the full design section of Vaquero Lane as outlined above. A copy of the executed agreement with the Fire Department is included in Tab 20. An email from Chuck Winn showing our compliance with the condition will be sent out this week to you and will be included in Tab 20 as well. 14. The 100-year floodplain shall.be delineated for the Spring Ditch along the entire length of the subdivision. The floodplain shall be shown on the final plat. If the limits of the flooding encroach onto any proposed lots, minimum floor elevations for any structures on the lots shall be specified. R: The floodplain is shown on the Final Plat (Tab 2). It does not encroach onto any lots. 15. Per Section 18.42.060.D.4 and 18.42.080.C, stormwater shall not be discharged into irrigation ditches. One section of the preliminary plat application refers to the Spring Ditch as a Stream/Ditch, while another just a ditch. Evidence of the current classification shall be provided and the stormwater dealt with accordingly. R: The Spring Ditch is a true stream and therefore discharging stormwater into it as planned is acceptable. Please see the letter from PBS&J, our wetlands consultant,regarding the classification (Tab 11). 16. Vaquero Parkway shall be constructed to meet the 35' back of curb to back of curb local street • standard as shown in the Greater Bozeman Area Transportation Plan 2001 Update. The entire street section exclusive of the sidewalk on the adjoining properties side of the right of way shall be constructed. R: The entire street section exclusive of the sidewalk on the adjoining properties is being constructed in a phased manner. We have currently constructed the portion abutting to Phase 4A, and also the section along the proposed 911 Center/Fire Station Site. Standard road cross sections as submitted to City Engineering with the design are included in Tab 13. 17. Warrants must be met in order to install the three way stop control at Vaquero and C Street as stated in the preliminary plat approval. R: Acknowledged. This portion is not being platted at this time. 18. A 1' No Access Strip shall be shown on the plat along the entire lot frontage of Davis Lane and Baxter Lane. R: This is indicated on the Final Plat for Phase 4A (Tab 2) along Baxter. A similar note will be included as subsequent phases are platted along Baxter and Davis. 19. All street light poles shall be installed a minimum of 10' from any water or sewer main or appurtenance. R: Acknowledged. This is indicated on the Master Utility Plan included in the Final PUD Plan (Tab 9). 20. Each phase of the subdivision shall have a minimum of two separate water main feeds. Single source loops created by phasing will not be allowed. R: Acknowledged. See Design Approvals (Tab 6). 21. The sidewalks adjacent to Baxter and Davis/Fowler shall be 6'wide, and shall be installed at the time • the street improvements are done. R: Baxter and Davis/Fowler construction was completed in 2006. The sidewalks were installed at a 6' width at that time. Page 6 22. The minimum right of way width that would be supported by Engineering under a relaxation request • would be 55' with the proposed 31' wide street section. This would provide for 6' wide boulevards for adequate snow storage and planting area. If this relaxation is approved, the streets shall be privately maintained, and shown as such on the final plat, as shall any streets that do not meet the City's design standards(i.e. roll over curb). R: The relaxation for 55' R.O.W. was approved and is indicated as such on the Final Plat(Tab 2). 23. Water and Sewer stubs shall be provided to the lot to the west of Vaquero Parkway. R: That sub phase is not being platted at this time, and therefore infrastructure improvements have not been designed,approved or installed yet. 24. The property owners dependent on the sewage lift station shall be responsible for fin4ncing the costs of its operation and maintenance, which will be the responsibility of the City. The applicant shall agree in writing to a surcharge to cover the costs of operating and maintaining the lift station. The agreement shall be filed with the final plat and shall apply to all heirs, successors, and assigns. The agreement shall be subject to approval by the City Engineer and the City Attorney. R: A copy of the executed Lift Station Agreement is included in Tab 22. In addition to the specific conditions listed above, the final plat shall comply with the standards identified below and referenced in the Bozeman Municipal Code. a. Section 18.78.060.M requires that the preliminary plat application be accompanied by a written statement from all relevant utility companies indicating that service can be provided. Nothing was provided from Qwest, and that letter will need to be provided with the final plat application. R: • Documentation from all relevant utility companies was provided with the preliminary plat application. Qwest is not a critical utility company since Lightnex (formerly Vivid) is providing phone, internet, and television service to the subdivision. Qwest has not typically provided utility services within Baxter Meadows in light of this. See Tab 21. b. Per Section 18.42.180, the RSL designation shall be recorded on the individual lots in a manner that will appear on a title search and include reference to the sunset provisions of Section 18.42.180. R: This designation is shown on the Final Plat (Tab 2). c. Per Section 18.44.040, all street names shall be reviewed and approved by Gallatin County and City Engineer's Department prior to final plat approval. R: Street name approvals are included in Tab14. d. Per Section 18.50.090, executed waivers of right to protest creation of special improvement districts (SIDs) for a park maintenance district shall be filed and of record with the Gallatin County Clerk and Recorder at the time of final plat recordation. A copy of the executed documents shall be submitted with the final plat. R: Copies of the executed documents are included in Tab 15. e. Per Chapter 18.72 of the Bozeman Municipal Code, covenants, restrictions, and articles of incorporation for the creation of a property owners' association shall be submitted with the final plat application for review and approval by the Planning Department and shall contain,but not be limited to, provisions for assessment, maintenance, repair and upkeep of common open space areas, public parkland/open space corridors, stormwater facilities, public trails, snow removal, and other areas • common to the association. R: All of the above have been addressed in the owner's association documents and included for review in Tab 10. Page 7 f. Per Section 18.72.030 of the Bozeman Municipal Code, covenants shall include a common area and • facility maintenance plan and guarantee providing for the permanent care and maintenance of all common areas and facilities, including but not limited to open spaces,recreational areas, stormwater facilities, streets, trails, community centers and parking lots. The same shall be submitted to the city attorney and shall not be accepted by the city until approved as to legal form and effect. A draft of these documents must be submitted for review and approval by the Planning Department at least 30 days prior to submittal of the final plat. R: All of the above are addressed in Section 5.3 of Tab 10-3. g. The Final Plat shall conform to all requirements of the Bozeman Municipal Code and the Uniform Standards for Final Subdivision Plats and shall be accompanied by all required documents,including certification from the City Engineer that as-built drawings for public improvements were received, a platting certificate, and all required and corrected certificates. The Final Plat application shall include four (4) signed reproducible copies on a 3 mil or heavier stable base polyester film (or equivalent); two (2)digital copies; and five(5)paper prints. R: Acknowledged. h. Pursuant to Section 18.06.040.D.6, conditional approval of the Preliminary Plat shall be in force for not more than one calendar year for minor subdivisions, two years for singly-phased major subdivisions and three years for multi-phased major subdivisions. Prior to that expiration date, the developer may submit a letter of request for the extension of the period to the Planning Director for the City Commission's consideration. The City Commission may, at the written request of the developer, extend its approval for no more than one calendar year, except that the City Commission may extend its approval for a period of more than one year if that approval period is included as a specific condition of a written subdivision improvements agreement between the City Commission and the developer,provided for in §18.74.060,BMC. R: Acknowledged. • i. The applicant shall submit with the application for Final Plat review and approval, a written narrative stating how each of the conditions of preliminary plat approval has been satisfactorily addressed, and shall include a digital copy (pdf) of the entire Final Plat submittal. R: Acknowledged. j. Stormwater Master Plan: A Stormwater Master Plan for the subdivision for a system designed to remove solids, silt, oils, grease and other pollutants from the runoff from the private and public streets and all lots must be provided to and approved by the City Engineer. The master plan must depict the maximum sized retention basin location, show location of and provide easements for adequate drainage ways within the subdivision to transpo-t runoff to the stormwater receiving channel. The plan shall include sufficient site grading and elevation information (particularly for the basin site, drainage ways and finished lot grades), typical stormwater detention/retention basin and discharge structure details, basin sizing calculations and a stormwater maintenance plan. Any stormwater ponds located within a park or open space shall be designed and constructed to be conducive to the normal use and maintenance of the open space. Stormwater ponds for runoff generated by the subdivision (e.g., general lot runoff, public or private streets, common open space, parks, etc.) shall not be located on easements within privately owned lots. • While the runoff from the individual lots will be dependent on the intensity of use on each lot, the maximum sizing of the storm retention facilities for each lot will be established based on maximum Page 8 • • site development. Final facility sizing may be reviewed and reduced during design review of the • FSP for each lot. R: The above has been included in the approved design report and drawings. The approval letters are included in Tab 6. k. Plans and specifications and a detailed design report for water and sewer main extensions, storm sewer and the public street, prepared by a Professional Engineer, shall be provided to and approved by the City Engineer and the Montana Department of Environmental Quality. The Applicant shall also provide Professional Engineering services for construction inspection, post-construction certification, and preparation of mylar record drawings. Construction shall not be initiated on the public infrastructure improvements until the plans and specifications have been approved and a pre-construction conference has been conducted. All plans and specification shall. comply with the current version (including all addenda) of the City of Bozeman Design Standards and Specifications Policy and the City of Bozeman Modifications To Montana Public Works Standard Specifications Fifth Edition that have been adopted at the time of approval of the plans and specifications. No building permits shall be issued prior to substantial completion and City acceptance of the required infrastructure improvements unless all of the requirements of section 18.74.030.D are met to allow for concurrent•construction. R: Acknowledged. Approval letters are included in Tab 6. 1. All infrastructure improvements including 1)water and sewer main extensions, and 2)public streets, curb/gutter, sidewalks fronting parks, open space,rear yard frontages or other non-lot frontages, and related storm drainage infrastructure improvements shall be financially guaranteed or constructed prior to Final Plat approval. R: Acknowledged. Approval letters are included -in Tab 6. • Incomplete improvements are shown on the Improvements Agreements and Estimate in Tab 8, and are financially guaranteed in Tab 7. City standard residential sidewalks shall be constructed on all public street frontages of a property prior to occupancy of any structure on the property. Upon the third anniversary of the plat recordation of any phase of the subdivision, any lot owner who has not constructed said sidewalk shall, without further notice, construct within 30 days said sidewalk for their lot(s), regardless of whether other improvements have been made upon the lot. This condition shall be included on the final plat for the subdivision. R: These improvements have been financially guaranteed (Tabs 7,8) and a note is included on the Final Plat Drawing(Tab 2). in. The location of existing water and sewer mains shall be properly depicted. Proposed main extensions shall be noted as proposed. R: This was included on the approved design report and plans. The approval letters are included in Tab 6. n. The Montana Fish, Wildlife and Parks, SCS, Montana Department of Environmental Quality.and Army Corps of Engineer's shall be contacted regarding the proposed project and any required permits (i.e., 310, 404, Turbidity exemption, etc.) shall be obtained prior to FSP approval. R: Fish, Wildlife and Parks was contacted and performed a site visit and copies of all necessary permits are included in Tab 11. o. Ditch relocation: a. The Montana Fish, Wildlife and Parks shall be contacted by the Applicant regarding the • proposed relocation and any required permits (i.e., 310, 404, Turbidity exemption, etc.) shall Page 9 • • be obtained prior to FSP approval. R: Fish, Wildlife and Parks was contacted and • performed a site visit and copies of all necessary permits are included in Tab 11. b. The Applicant shall comply with all parts of section 18.42.060.1)for any ditch relocation. R: Acknowledged. p. Easements for the water and sewer main extensions shall be a minimum of 30 feet in width, with the utility located in the center of the easement. In no case shall the utility be less than 10 feet from the edge of easement. R: Acknowledged. This is indicated on the Master Utility Plan within the Final PUD Plan (Tab 9). q. Project phasing shall be clearly defined including installation of infrastructure. R: This is included within the Final PUD Plan (Tab 9). r. The developer shall make arrangements with the City Engineer's office to provide addresses for all individual lots in the subdivision prior to filing of the final plat. R: Addresses have been assigned and are included in Tab 12. s. The applicant shall submit a construction route map dictating how materials and heavy equipment will travel to and from the site in accordance with section 18.74.020.A.1 of the Bozeman Municipal Code. This shall be submitted as part of the final site plan for site developments, or with the infrastructure plans for subdivisions. It shall be the responsibility of the applicant to ensure that the construction traffic follows the approved routes. R: Acknowledged. A preconstruction meeting was held prior to commencement of work. t. All construction activities shall comply with section 18.74.020.A.2. of the Bozeman Municipal • Code. This shall include routine cleaning/sweeping of material,that is dragged to adjacent streets. The City may require a guarantee as allowed for under this section at any time during the construction to ensure any damages or cleaning that are required are complete. The developer shall be responsible to reimburse the City for all costs associated with the work if it becomes necessary for the City to correct any problems that are identified. R: Acknowledged. u. All proposed private utilities to serve the subdivision shall be shown on the public infrastructure plans and specifications. R: Acknowledged. Once the Findings of Fact and Order have been approved and signed, the original and a copy will be forwarded to you for your files. Please Note: The City of Bozeman has adopted impact fees as part of its development regulations. The impact fee program is contained in Chapter 3.24, Bozeman Municipal Code. The program includes standards and procedures for seeking City participation in funding capacity expanding infrastructure. Failure to comply with the standards and procedures specified in Chapter 3.24, BMC will automatically dis�uali a project from possible impact fee funding regardless of other qualifying characteristics. Please feel free to contact me at 586-5266 if you have any questions. Sincerely, • Page 10 Lanette Windemaker,AICP • Contract Planner Cc: PC Development, 3985 Valley Commons Drive,Bozeman,MT 59718 • Page 11 Inter-office Original to: • City of Bozeman Planning Department P.O.Box 1230 • Bozeman,MT 59771-1230 CONDITIONS OF APPROVAL OF A CONDITIONAL USE PERMIT FOR PROPERTY LOCATED IN BAXTER MEADOWS PUD PHASE 4,BOZEMAN, MONTANA WHEREAS, the undersigned property owner acknowledges the receipt of a Conditional Use Permit from the City of Bozeman to allow a neo-traditional mixed-use Planned Unit Development for the development of 127 lots for single household uses, multi household uses, and a community center with open space and a trail system on — 48 acres with the following requested relaxations from the City of Bozeman Municipal Code: a) Section 18.42.040, Blocks; to allow block length to exceed 400 feet but not exceed 1, 087 feet; • b) Section 18.42.040, Blocks; to allow block width to be less than 200 feet or more than 400 feet in width; c) Section 18.42.150.C.5, Lighting; to allow local street light mounting heights to be less than 25 feet; d) Section 18.44.050, Street and Road Right of Way Width-and Construction Standards; to allow a 55 foot right of way width for local streets; and e) Section 18.16.050.A, Yards; to allow a corner side yard (front yard) to be a minimum of 10 feet; and WHEREAS, the subject property is legally described as Lot 3 of Minor Subdivision No. 400„ located in the Northeast '/ of Section 3, T2S, PMM, City of Bozeman, Gallatin County, Montana; and WHEREAS, the Conditional Use Permit is subject to the following 14 conditions and 5 code provisions: 1., Due to topography, the presence of critical lands, access control, and adjacency to open .space, block lengths may exceed 400 feet but may not exceed 1, 087 feet, and shall not exceed 600 feet without a 30 foot right of way with pedestrian walkway.- Baxter Meadows PUD Phase • 4; Conditional Use Permit#Z-07049 PAGE 1 OF 5 2. Due to separation of residential development from traffic arterials and to overcome specific • disadvantages of topography and orientation, block widths may be less than 200 feet or more than 400 feet in width. i 3. Per Section 18.42.040, a right-of-way for a pedestrian walk, not less than 10 feet wide, shall be required in Lot 12, Block 7 in alignment with the pedestrian walk bisecting Block 8 and _ extending across the spring ditch to intersect with the trail on the west side of the spring ditch. Unless the pedestrian right-of-way is a minimum of 30 feet wide, the setback adjacent to it shall be a minimum of 15 feet. 4. In keeping with the previous approved residential subdivisions within the Baxter Meadows PUD, street light pole heights may be 17.5 feet within the interior of the subdivision. Street light pole heights at interior street intersections.with Vaquero Parkway shall be 20 feet. 5. The corner side yard (front yard) setback of Lots 1 & 9, Block 3 and Lots 10 & 20, Block 4 maybe 10 feet. 6. A community center that is intended for use solely by the residents of this development, and privately or jointly owned, is an accessory use, acid as such would not be subject to Section 18.40.210. Lot 11, Block 7 shall be designated for a community center for the sole use of the residents of the development on the final plat, final PUD plan and in the covenants. The community center shall be subject to site plan review in accordance with the BMC. • 7. The lots along Baxter Lane and Davis Lane shall have double-front architectural features facing those roads as found on the front of the dwellings units, for example; covered porches, varied roof lines, multiple fagade materials, varied fagade plane, and decorative lighting. These architectural requirements shall be addressed and demonstrated in the covenants/development guidelines. 8. Fences located in the side or rear yard setback of properties adjacent to any park or open space shall not exceed a maximum height.of 4 feet, and shall be of an open construction. This • requirement shall be addressed and demonstrated in the covenants/development guidelines. 9. The development guidelines shall include thumbnail sketches to demonstrate architectural requirements. 10. The owner shall executed and submit documents the following prior to final plan approval: a. A certification of completion and compliance stating that they understand any conditions of approval and the submitted final site plans or master site plan have complied with any conditions of approval or corrections to comply with code provisions per Section 18.34.130.B. b. A statement of intent to construct according to the final site plan. Such statement shall acknowledge that construction not in compliance with the approved final site plan may result in delays of occupancy or costs to correct noncompliance per Section 18.34.130.C. • Baxter Meadows PUD Phase 4; Conditional Use Permit#Z-07049 PAGE 2 OF 5 • • c. A certification that it is their intent to comply with the requirements of the Bozeman - • Municipal Code and any conditions considered necessary by the approval body. 11. That the right to a use and occupancy permit shall be contingent upon the fulfillment of all general and special conditions imposed by the conditional use permit procedure pursuant to Section 18.34.100.C.1 of the Bozeman Municipal Code. _ 12. That all of the special conditions shall constitute restrictions running with the land use, shall apply and be adhered to by the owner of the land,.successors or assigns, shall be binding upon the owner of the land, his successors or assigns, shall be consented to in writing, and shall be recorded as such with the County Clerk.and Recorder's Office by the property owner j prior to the issuance of any building permits, final site plan approval or commencement of the conditional use pursuant to Section 18.34.100.C.2 of the Bozeman Municipal Code. 13. The final site plan shall comply with the standards identified and referenced in the Bozeman Municipal Code. The applicant is advised that unmet code provisions, or code provisions that are not specifically listed as conditions of approval, does not, in any way, create a waiver or other relaxation of the lawful.requirements of the Bozeman Municipal Code or state law. 14. The open space landscaping plans shall exceed the standards-of Chapter 18.48, similar to that demonstrated in Alternative C. The applicant should consider revising Alternative C to include seating along the trail system and additional planting to break up the grassed areas adjacent to Baxter Lane. • a. Per Section 18.74.030.D, the applicant-must submit twelve (12) copies of a Concurrent Construction Plan that addresses all aspects of this section to the Planning.Department for DRC review and Planning Director approval before concurrent construction may be approved. b. Per Section 18.48.020, planned unit development landscaping plans shall meet or exceed the standards of Chapter 18.48. c. Per Section 18.36.090.E, the applicant shall document the provision of twenty performance points. A table showing the computed PUD open space shall be included on the final plan. d. Per Section 18.36.060, the applicant must submit seven (7) copies a Final PUD Plan within one (1) year' of preliminary approval containing all of the conditions, corrections and modifications to be reviewed and approved by the Planning Department. e. The applicant shall submit with the application for Final Plan review and approval, a written narrative stating how each of the conditions of preliminary plan approval has been satisfactorily addressed. • Baxter Meadows PUD Phase 4; Conditional Use Permit#Z-07049 PAGE 3 OF 5 i WHEREAS, the right to a use and occupancy permit shall be contingent upon the • fulfillment of all .general and special conditions imposed by the Conditional Use Permit procedure. WHEREAS, all of the special conditions shall constitute restrictions running with the land, shall be binding upon the owner of the land, his successors or assigns, and shall be recorded _ as such with the Gallatin County Clerk and Recorder's Office by the property owner prior to the final site plan approval or commencement of the use. WHEREAS, all of the conditions specifically stated under any conditional use listed in this title shall apply and be adhered to by the owner of the land, successor or assigns. WHEREAS, all of the special conditions attached to this Conditional Use Permit shall be consented to in writing by the applicant prior to commencement of the use. NOW, THEREFORE, BE IT HEREBY KNOWN, that the above-noted 14 conditions and 5 code provisions of Conditional Use Permit approval shall be binding upon me, the undersigned owner of the subject property, my successors or assigns, as long as the subject property is being used as a neo-traditional mixed-use Planned Unit Development. DATED THIS_ DAY OF OC-fDbe( ,2007. PROPERTY OW-NEE. Baxte eadows West, LLC Michael E. Potter, President; Potter Clinton Development, Inc. Managing Member of 11axter Meadows West, LLC Baxter Meadows West, LLC Thomas L. Clinton, Vice President; Potter Clinton Development, Inc. Managing Member of Baxter Meadows West, LLC STATE OF Mo r }Dri o, ) :ss County of G::10,I 10-:1 A ) On this day of o_J 0 b•2 r , 2007, before me, the undersigned, a Notary Public for the State of Montana, personally appeared Michael E. Potter, known to me to be the President, Potter Clinton Development, Inc., Managing Member of Baxter Meadows West, LLC and Thomas L. Clinton, known to me to be.the Vice President, Potter Clinton Development, Inc., Managing Member of Baxter Meadows West, LLC, the corporation that executed the within Baxter Meadows PUD Phase 4; Conditional Use Permit#Z-07049 PAGE 4 OF 5 instrument, and acknowledged to me that he executed the same for and on behalf of said • corporation. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and year first above written. - (Sipn ature aboveIL t�onn ;� 1 hen p.50vl (Seal) (Printed Name above) Notary Public for State of Montana Residing at: n. -t, C46 a o(-o Commission Expires: 1 R- % q _ p/j (Use 4 digits for expiration year) • • Baxter Meadows PUD Phase 4; Conditional Use Permit#Z-07049 PAGE 5 OF 5 BpXiER FAppE 1 oi•^.PMASL�.• _ L.0.5,10.[Av 1ANOR>uo.... BOCK 2.L T 1-12 SUB P C LP B�pG 2 A x IPXTER EADOWS D OPME 6 80 TRADE ENTER AVE22 FM'964 B CS.MT 9101-629 1 pUBUO PARTL LOT 7 lOt 6 l01 9 LOT 10 E01 11 LOT 12 WILIAM R.AND DIWNE PETERS( 5OD1 B TN.EAST Pot OF BOZENAN.N,NT NT 5971E-9797 SEC NING �roo 191sw PUBLIC STREET ESMT Doc mw,43(n 89 41 58T 1154.97 3` ,s N PUBLIC STREET Esur 10° BAXTER LANE5 w 10 BARTER LANE 3 2 DOC.'2103148 NW4V5n 419=' 1 POS A BLOCK 2 �50 tip,PC 2083 PoS b j BLO 1 ry 1 2 9 4 6 8 7 8 B 10 11 1 2 3 4 6 8 T 8 B 10° YR 1 yI LOLO WAY 0 100 LOLOWAY 100 10 t0 BAXTER MEADOWS P09 D 1 2 3 e 7 8 1 2 3 4 5 8 7 8 B 10 a < (R9L) (RSL) (RSL (RSL) (RSL) (RSL) (F-%) (RSL) (RSL) RSL) 11 - PEE BLOCK 3 BLOCK 4 # 4 s POS e Ir 12 YJ STREET LIGHT SITE PLAN q B 10 II 12 13 14 I6 18 11 I 13 14 I6 l8 l7 18 18 20 (RSL) RSL) (R9.) (RSL) (RSL) (RSL) (RSL) (R3L) (RSL) ,°0 Z 13 U) a � ,n 2 J 0° 16 W Updated: io-8-0 7 1 LEMHI TRAIL DRIVE Q Z Q 5 3 a 15 D 22 2l 20 1B 18 17 18 U) t L 3 4 6 e 7 8 B Q Q O U BLOCK 5 16 BLOCK 6 'B Legend: 6 17 PoS C POS F 14 10 11 12 13 14 16 18 17 18 1 16 NEW IN 6 SYMBOL PHASE 4 TYPE CATALOG ARM HEADS HEIGHT CONFIG. 7 13 0 0 MONIDA DRIVE 0 0 � 10 10 2y LAMP FIXT. LENSE ARM POLE/HT. FIN. •LDT SUBOMSION N0. 12 4 P1 70—MH—DMS50-SG1—V—OMIA—SM6F-18—BKTX 2' 1 17.5' STAGGERED 4 --� MINOR 8 1 11 • 8 P1 100—MH—DMS50—SG3—V—OM1A—SM6F-18-8KTX 2' 1 17.5' STAGGERED B 11 2 3 • 5 P1 100—MH—DMS50—SG3—V—OM1A—SM6F-20—BKTX 2' 1 20' STAGGERED 10 2 _ 3 1'��� • 3 P1 250 MH — SEE ATTACHED SPECIFICATIONS 35' POS G .�';� C� 4 yo 100 4 5 12 �0 5 CO Note: All street lights shown on this plan shall be installed,operated and maintained BLOCK 7 POS N by The Crossing at Baxter Meadows POA(Phase 4)until such time that a Street B 6 ,om, ° j79 2076 m `M Improvement Lighting District(SILD)is created to do the same. 7 W' CASCADE DM OPMEM.INC V�jn 5 IyJ C/o—E JENNINGS In 125 W.MENDEI—L ST. O Z 7 BOZENVI,MT 59715-3M6 AyQ B g 8 to a f � b 9 US IN WIN M 10 DOCUMENT II COUNTY REGIONAL PARK 1 GAL TIN COUNTY 311 W.MN STREET 5 N 22028 ° �w IISAS u1' BOZEMAN.MONTANA 59715 • 1°° Dr •�D ^�° 50' lL��` G00, FUTURE 75.00' 11111=7111 1; 1 Scale in Feet North P l � ORANDUM COMW TO: John Alston Water/Sewer Neil Poulsen, Chief Building Official Greg Megaard, Fire Marshal John VanDeLinder, Streets Superintendent FROM: Lanette Windemaker, Contract Planner RE: Baxter Meadows Phase 4 Final PUD,Plan (Preliminary#Z-07049) DATE: October 1, 2007 Attached you will find the proposed final PUD plan submittal for the Baxter Meadows PUD Phase 4. Baxter Meadows PUD Phase 4 is generally located southwest of Baxter Lane and Davis Lane. The Baxter Meadows Phase 4 Preliminary PUD plan was approved by the Commission on June 18, 2007, subject to the following conditions and code provisions. Please review and provide comments to me at your earliest convenience. Please return the final site plan to me for the approval stamps. Thank you. Conditions: 1. Due to topography, the presence of critical lands, access control, and adjacency to open space, block lengths may exceed 400 feet but may not exceed 1, 087 feet, and shall not exceed 600 feet without a 30 foot right of way with pedestrian walkway. 2. Due to separation of residential development from traffic arterials and to overcome specific disadvantages of topography and orientation, block widths may be less than 200 feet or more than 400 feet in width. 3. Per Section 18.42.040, a right-of-way for a pedestrian walk, not less than 10 feet wide, shall be required in Lot 12, Block 7 in alignment with the pedestrian walk bisecting Block 8 and extending across the spring ditch to intersect with the trail on the west side of the spring ditch. Unless the pedestrian right-of-way is a minimum of 30 feet wide, the setback adjacent to it shall be a minimum of 15 feet. 4. In keeping with the previous approved residential subdivisions within the Baxter Meadows PUD, street light pole heights may be 17.5 feet within the interior of the subdivision. Street light pole heights at interior street intersections with Vaquero Parkway shall be 20 feet. 5. The corner side yard (front yard) setback of Lots 1 & 9, Block 3 and Lots 10 & 20, Block 4 may be 10 feet. 6. A community center that is intended for use solely by the residents of this development, and privately or jointly owned, is an accessory use, and as such would not be subject to Section 18.40.210. Lot 11, Block 7 shall be designated for a community center for the sole use of the I 1 t residents of the development on the final plat, final PUD plan and in the covenants. The community center shall be subject to site plan review in accordance with the BMC. 7. The lots along Baxter Lane and Davis Lane shall have double-front architectural features facing those roads as found on the front of the dwellings units, for example; covered porches, varied roof lines, multiple fagade materials, varied fagade plane, and decorative lighting. These architectural requirements shall be addressed and demonstrated in the covenants/development guidelines. 8. Fences located in the side or rear yard setback of properties adjacent to any park or open space shall not exceed a maximum height of 4 feet, and shall be of an open construction. This requirement shall be addressed and demonstrated in the covenants/development guidelines. 9. The development guidelines shall include thumbnail sketches to demonstrate architectural requirements. 10. The owner shall executed and submit documents the following prior to final plan approval: a. A certification of completion and compliance stating that they understand any conditions of approval and the submitted final site plans or master site plan have complied with any conditions of approval or corrections to comply with code provisions per Section 18.34.130.B. b. A statement of intent to construct according to the final site plan. Such statement shall acknowledge that construction not in compliance with the approved final site plan may result in delays of occupancy or costs to correct noncompliance per Section 18.34.130.C. c. . A certification that it is their intent to comply with the requirements of the Bozeman Municipal Code and any conditions considered necessary by the approval body. 11. That the right to a use and occupancy permit shall be contingent upon the fulfillment of all general and special conditions imposed by the conditional use permit procedure pursuant to Section 18.34.100:C.1 of the Bozeman Municipal Code. 12. That all of the special conditions shall constitute restrictions running with the land use, shall apply and be adhered to by the owner of the land, successors or assigns, shall be binding upon the owner of the land, his successors or assigns, shall be consented to in writing, and shall be recorded as such with the County Clerk and Recorder's Office by the property owner prior to the issuance of any building permits, final site plan approval or commencement of the conditional use pursuant to Section 18.34.100.C.2 of the Bozeman Municipal Code. 13. The final site plan shall comply with the standards identified and referenced in the Bozeman Municipal Code. The applicant is advised that unmet code provisions, or code provisions that are not specifically listed as conditions of approval, does not, in any way, create a waiver or other relaxation of the lawful requirements of the Bozeman Municipal Code or state law. 14. The open space landscaping plans shall exceed the standards of Chapter 18.48, similar to that demonstrated in Alternative C. The applicant should consider revising Alternative C to 2 i • • include seating along the trail system and additional planting to break up the grassed areas adjacent to Baxter Lane. Code Provisions: a. Per Section 18.74.030.D, the applicant must submit twelve (12) copies of a Concurrent Construction Plan that addresses all aspects of this section to the Planning Department for DRC review and Planning Director approval before concurrent construction may be approved. b. Per Section 18.48.020, planned unit development landscaping plans shall meet or exceed the standards of Chapter 18.48. c. Per Section 18.36.090.E, the applicant shall document the provision of twenty performance points. A table showing the computed PUD open space shall be included on the final plan. d. Per Section 18.36.060, the applicant must submit seven (7) copies a Final PUD Plan within one (1) year of preliminary approval containing all of the conditions, corrections and modifications to be reviewed and approved by the Planning Department. e. The applicant shall submit with the application for Final Plan review and approval, a written narrative stating how each of the conditions of preliminary plan approval has been satisfactorily addressed. i 3 cLrMEMORANDUM a `m: John Alston, Water/Sewer Neil Poulsen, Chief Building Official ---------__. G-reg-Megaard5---- Marshal-- , OCT 2 5 2007 ;o,1 John�VanDeLinder, Streets Superintendent Fes: Lanette Windemaker, Contract Planner DEPARTMENT OF PLANNING . AND co g., RE: Baxter Meadows Phase 4 Final PUD Plan (P mhia�#� 49 MENT DATE: October 1, 2007 Attached you will find the proposed final PUD plan submittal for the Baxter Meadows PUD Phase 4. Baxter Meadows PUD Phase 4 is generally located southwest of Baxter Lane and Davis Lane. The Baxter Meadows Phase 4 Preliminary PUD plan was approved by the Commission on June 18, 2007, subject to the following conditions and code provisions. Please review and provide comments to me at your earliest convenience. Please return the final site plan to me for the approval stamps. Thank you. Conditions: 1. Due to topography, the presence of critical lands, access control, and adjacency to open space, block lengths may exceed 400 feet but may not exceed 1, 087 feet, and shall not exceed 600 feet without a 30 foot right of way with pedestrian walkway. 2. Due to separation of residential development from traffic arterials and to overcome specific disadvantages of topography and orientation, block widths may be less than 200 feet or more than 400 feet in width. 3. Per Section 18.42.040, a right-of-way for a pedestrian walk, not less than 10 feet wide, shall be required in Lot 12, Block 7 in alignment with the pedestrian walk bisecting Block 8 and extending across the spring ditch to intersect with the trail on the west side of the spring ditch. Unless the pedestrian right-of-way is a minimum of 30 feet wide, the setback adjacent to it shall be a minimum of 15 feet. i 4. In keeping with the previous approved residential subdivisions within the Baxter Meadows PUD, street light pole heights may be 17.5 feet within the interior of the subdivision: Street light pole heights at interior street intersections with Vaquero Parkway shall be 20 feet. 5. The corner side yard (front yard) setback of Lots 1 & 9, Block 3 and Lots 10 & 20, Block 4 may be 10 feet. 6. A community center that is intended for use solely by the residents of this development, and privately or jointly owned, is an accessory use, and as such would not be subject to Section 18.40.210. Lot 11, Block 7 shall be designated for a community center for the sole use of the 1 I residents of the development on the final plat, final PUD plan and in the covenants. The community center shall be subject to site plan review in accordance with the BMC. 7. The lots along Baxter Lane and Davis Lane shall have double-front architectural features facing those roads as found on the front of the dwellings units, for example; covered porches, varied roof lines, multiple fagade materials, varied fagade plane, and decorative lighting. These architectural requirements shall be addressed and demonstrated in the covenants/development guidelines. 8. Fences located in the side or rear yard setback of properties adjacent to any park or open space shall not exceed a maximum height of 4 feet, and shall be of an open construction. This requirement shall be addressed and demonstrated in the covenants/development guidelines. 9. The development guidelines shall include thumbnail sketches to demonstrate architectural requirements. 10. The owner shall executed and submit documents the following prior to final plan approval: a. A certification of completion and compliance stating that they understand any conditions of approval and the submitted final site plans or master site plan have complied with any conditions of approval or corrections to comply with code provisions per Section 18.34.130.B. b. A statement of intent to construct according to the final site plan. Such statement shall acknowledge that construction not in compliance with the approved final site plan may result in delays of occupancy or costs to correct noncompliance per Section 18.34.130.C. c. A certification that it is their intent to comply with the requirements of the Bozeman Municipal Code and any conditions considered necessary by the approval body. 11. That the right to a use and occupancy permit shall be contingent upon the fulfillment of all general and special conditions imposed by the conditional use permit procedure pursuant to Section 18.34.100.C.I of the Bozeman Municipal Code. 12. That all of the special conditions shall constitute restrictions running with the land use, shall apply and be adhered to by the owner of the land, successors or assigns, shall be binding upon the owner of the land, his successors or assigns, shall be consented to in writing, and shall be recorded as such with the County Clerk and Recorder's Office by the property owner prior to the issuance of any building permits, final site plan approval or commencement of the conditional use pursuant to Section 18.34.100.C.2 of the Bozeman Municipal Code. 13. The final site plan shall comply with the standards identified and referenced in the Bozeman Municipal Code. The applicant is advised that unmet code provisions, or code provisions that are not specifically listed as conditions of approval, does not, in any way, create a waiver or other relaxation of the lawful requirements of the Bozeman Municipal Code or state law. 14. The open space landscaping plans shall exceed the standards of Chapter 18.48, similar to that demonstrated in Alternative C. The applicant should consider revising Alternative C to 2 include seating along the trail system and additional planting to break up the grassed areas adjacent to Baxter Lane. Code Provisions: a. Per Section 18.74.030.D, the applicant must submit twelve (12) copies of a Concurrent. Construction Plan that addresses all aspects of this section to the Planning Department for DRC review and Planning Director approval before concurrent construction may be approved. b. Per Section 18.48.020, planned unit development landscaping plans shall meet or exceed the standards of Chapter 18.48. c. Per Section 18.36.090.E, the applicant shall document the provision of twenty performance points. A table showing the computed PUD open space shall be included on the final plan. d. Per Section 18.36.060, the applicant must submit seven (7) copies a Final PUD Plan within one (1) year of preliminary approval containing all of the conditions, corrections and modifications to be reviewed and approved by the Planning Department. e. The applicant shall submit with the application for Final Plan review and approval, a written narrative stating how each of the conditions of preliminary plan approval has been satisfactorily addressed. 3 (`/ a rl MEMORANDUM D 2007 : John Alston, Water/S OCT l0 ewer Neil Poulsen, Chief Building Official pgMENT F PLANNING Greg Megaard, Fire Marshal VanDeLindeMLOPMENT r, Sheets Superintendents CG `ro anette Windemaker, Contract Planner RE: Baxter Meadows Phase 4 Final PUD Plan (Preliminary#Z-07049) DATE: October 1, 2007 Attached you will find the proposed final PUD plan submittal for the Baxter Meadows PUD Phase 4. Baxter Meadows PUD Phase 4 is generally located southwest of Baxter Lane and Davis Lane. The Baxter Meadows Phase 4 Preliminary PUD plan was approved by the Commission on June 18, 2007, subject to the following conditions and code provisions. Please review and provide comments to me at your earliest convenience. Please return the final site plan to me for the approval stamps. Thank you. Conditions: 1. Due to topography, the presence of critical lands, access control, and adjacency to open space, block lengths may exceed 400 feet but may not exceed 1, 087 feet, and shall not exceed 600 feet without a 30 foot right of way with pedestrian walkway. 2. Due to separation of residential development from traffic arterials and to overcome specific disadvantages of topography and orientation, block widths may be less than 200 feet or more than 400 feet in width. i 3. Per Section 18.42.040, a right-of-way for a pedestrian walk, not less than 10 feet wide, shall be required in Lot 12, Block 7 in alignment with the pedestrian walk bisecting Block 8 and extending across the spring ditch to intersect with the trail on the west side of the spring ditch. Unless the pedestrian right-of-way is a minimum of 30 feet wide, the setback adjacent to it shall be a minimum of 15 feet. I 4. In keeping with the previous approved residential subdivisions within the Baxter Meadows PUD, street light pole heights may be 17.5 feet within the interior of the subdivision. Street light pole heights at interior street intersections with Vaquero Parkway shall be 20 feet. 5. The corner side yard (front yard) setback of Lots 1 & 9, Block 3 and Lots 10 & 20, Block 4 may be 10 feet. 6. A community center that is intended for use solely by the residents of this development, and privately or jointly owned, is an accessory use, and as such would not be subject to Section 18.40.210. Lot 11, Block 7 shall be designated for a community center for the sole use of the 1 r residents of the development on the final plat, final PUD plan and in the covenants. The community center shall be subject to site plan review in accordance with the BMC. 7. The lots along Baxter Lane and Davis Lane shall have double-front architectural features facing those roads as found on the front of the dwellings units, for example; covered porches, varied roof lines, multiple fagade materials, varied facade plane, and decorative lighting. These architectural requirements shall be addressed and demonstrated in the covenants/development guidelines. 8. Fences located in the side or rear yard setback of properties adjacent to any park or open space shall not exceed a maximum height of 4 feet, and shall be of an open construction. This requirement shall be addressed and demonstrated in the covenants/development guidelines. 9. The development guidelines shall include thumbnail sketches to demonstrate architectural requirements. 10. The owner shall executed and submit documents the following prior to final plan approval: a. A certification of completion and compliance stating that they understand any conditions of approval and the submitted final site plans or master site plan have complied with any conditions of approval or corrections to comply with code provisions per Section 18.34.130.B. b. A statement of intent to construct according to the final site plan. Such statement shall acknowledge that construction not in compliance with the approved final site plan may result in delays of occupancy or costs to correct noncompliance per Section 18.34.130.C. c. A certification that it is their intent to comply with the requirements of the Bozeman Municipal Code and any conditions considered necessary by the approval body. 11. That the right to a use and occupancy permit shall be contingent upon the fulfillment of all general and special conditions imposed by the conditional use permit procedure pursuant to Section 18.34.100.C.1 of the Bozeman Municipal Code. 12. That all of the special conditions shall constitute restrictions running with the land use, shall apply and be adhered to by the- owner of the land, successors or assigns, shall be binding upon the owner of the land, his successors or assigns, shall be consented to in writing, and shall be recorded as such with the County Clerk and Recorder's Office by the property owner prior to the issuance of any building permits, final site plan approval or commencement of the conditional use pursuant to Section 18.34.100.C.2 of the Bozeman Municipal Code. i 13. The final site plan shall comply with the standards identified and referenced in the Bozeman Municipal Code. The applicant is advised that unmet code provisions, or code provisions that are not specifically listed as conditions of approval, does not, in any way, create a waiver or other relaxation of the lawful requirements of the Bozeman Municipal Code or state law. 14. The open space landscaping plans shall exceed the standards of Chapter 18.48, similar to that demonstrated in Alternative C. The applicant should consider revising Alternative C to 2 ti include seating along the trail system and additional planting to break up the grassed areas adjacent to Baxter Lane. Code Provisions: a. Per Section 18.74.030.D, the applicant must submit twelve (12) copies of a Concurrent Construction Plan that addresses all aspects of this section to the Planning .Department for DRC review and Planning Director approval before concurrent construction may be approved. b. Per Section 18.48.020, planned unit development landscaping plans shall meet or exceed the standards of Chapter 18.48. c. Per Section 18.36.090.E, the applicant shall document the provision of twenty performance points. A table showing the computed PUD open space shall be included on the final plan. d. Per Section 18.36.060, the applicant must submit seven (7) copies a Final PUD Plan within one (1) year of preliminary approval containing all of the conditions, corrections and modifications to be reviewed and approved by the Planning Department. e. The applicant shall submit with the application for Final Plan review and approval, a written narrative stating how each of the conditions of preliminary plan approval has been satisfactorily addressed. 3 � fir' �.- ( v� 0 MEMORANDUM = _ TO: John Alston, Water/Sewer 1�Iei1_P_oulsen;C-hief_-Building-Official 'C� CGreg Megaard, Fire Marshal John VanDeLinder, Streets Superintendent FROM: Lanette Windemaker, Contract Planner RE: Baxter Meadows Phase 4 Final PUD Plan (Preliminary#Z-07049) DATE: October 1, 2007 Attached you will find the proposed final PUD plan submittal for the Baxter Meadows PUD Phase 4. Baxter Meadows PUD Phase 4 is generally located southwest of Baxter Lane and Davis Lane. The Baxter Meadows Phase 4 Preliminary PUD plan was approved by the Commission on June 18, 2007, subject to the following conditions and code provisions. Please review and provide comments to me at your earliest convenience. Please return the final site plan to me for the approval stamps. Thank you. Conditions: 1. Due to topography, the presence of critical lands, access control, and adjacency to open space, block lengths may exceed 400 feet but may not exceed 1, 087 feet, and shall not exceed 600 feet without a 30 foot right of way with pedestrian walkway. 2. Due to separation of residential development from traffic arterials and to overcome specific disadvantages of topography and orientation, block widths may be less than 200 feet or more than 400 feet in width. 3. Per Section 18.42.040, a right-of-way for a pedestrian walk, not less than 10 feet wide, shall be required in Lot 12, Block 7 in alignment with the pedestrian walk bisecting Block 8 and extending across the spring ditch to intersect with the trail on the west side of the spring ditch. Unless the pedestrian right-of-way is a minimum of 30 feet wide, the setback adjacent to it shall be a minimum of 15 feet. 4. In keeping with the previous approved residential subdivisions within the Baxter Meadows PUD, street light pole heights may be 17.5 feet within the interior of the subdivision. Street light pole heights at interior street intersections with Vaquero Parkway shall be 20 feet. 5. The corner side yard (front yard) setback of Lots 1 & 9, Block 3 and Lots 10 & 20, Block 4 may be 10 feet. 6. A community center that is intended for use solely by the residents of this development, and privately or jointly owned, is an accessory use, and as such would not be subject to Section 18.40.210. Lot 11, Block 7 shall be designated for a community center for the sole use of the 1 • • residents of the development on the final plat, final PUD plan and in the covenants. The community center shall be subject to site plan review in accordance with the BMC. 7. The lots along Baxter Lane and Davis Lane shall have double-front architectural features facing those roads as found on the front of the dwellings units, for example; covered porches, varied roof lines, multiple fagade materials, varied fagade plane, and decorative-lighting. These architectural requirements shall be addressed and demonstrated in the covenants/development guidelines. 8. Fences located in the side or rear yard setback of properties adjacent to any park or open space shall not exceed a maximum height of 4 feet, and shall be of an open construction. This requirement shall be addressed and demonstrated in the covenants/development guidelines. 9. The development guidelines shall include thumbnail sketches to demonstrate architectural requirements. 10. The owner shall executed and submit documents the following prior to final plan approval: a. A certification of completion and compliance stating that they understand any conditions of approval and the submitted final site plans or master site plan have complied with any conditions of approval or corrections to comply with code provisions per Section 18.34.130.B. b. A statement of intent to construct according to the final site plan. Such statement shall acknowledge that construction not in compliance with the approved final site plan may result in delays of occupancy or costs to correct noncompliance per Section 18.34.130.C. c. A certification that it is their intent to comply with the requirements of the Bozeman Municipal Code and any conditions considered necessary by the approval body. 11. That the right to a use and occupancy permit shall be contingent upon the fulfillment of all general and special conditions imposed by the conditional use permit procedure pursuant to Section 18.34.100.C.1 of the Bozeman Municipal Code. 12. That all of the special conditions shall constitute restrictions running with the land use, shall apply and be adhered to by the owner of the land, successors or assigns, shall be binding upon the owner of the land, his successors or assigns, shall be consented to in writing, and shall be recorded as such with the County Clerk and Recorder's Office by the property owner prior to the issuance of any building permits, final site plan approval or commencement of the conditional use pursuant to Section 18.34.100.C.2 of the Bozeman Municipal Code. 13. The final site plan shall comply with the standards identified and referenced in the Bozeman Municipal Code. The applicant is advised that unmet code provisions, or code provisions that are not specifically listed as conditions of approval, does not, in any way, create a waiver or other relaxation of the lawful requirements of the Bozeman Municipal Code or state law. 14. The open space landscaping plans shall exceed the standards of Chapter 18.48, similar to that demonstrated in Alternative C. The applicant should consider revising Alternative C to 2 L include seating along the trail system and additional planting to break up the grassed areas adjacent to Baxter Lane. Code Provisions: a. Per Section 18.74.030.D, the applicant must submit twelve (12) copies of a Concurrent Construction Plan that addresses all aspects of this section to the Planning Department for DRC review and Planning Director approval before concurrent construction may be approved. b. Per Section 18.48.020, planned unit development landscaping plans shall meet or exceed the standards of Chapter 18.48. c. Per Section 18.36.090.E, the applicant shall document the provision of twenty performance points. A table showing the computed PUD open space shall be included on the final plan. d. Per Section 18.36.060, the applicant must submit seven (7) copies a Final PUD Plan within one (1) year of preliminary approval containing all of the conditions, corrections and modifications to be reviewed and approved by the Planning Department. e. The applicant shall submit with the application for Final Plan review and approval, a written narrative stating how each of the conditions of preliminary plan approval has been satisfactorily addressed. 3 MEMORANDUM TO: John Alston, Water_/SDewer Neil Poulsen, Chief Building Official Greg Megaard, Fire Marshal John VanDeLinder, Streets Superintendent FROM: Lanette Windemaker, Contract Planner RE: Baxter Meadows Phase 4 Final PUD Plan (Preliminary#Z-07049) DATE: October 1, 2007 Attached you will find the proposed final PUD plan submittal for the Baxter Meadows PUD Phase 4. Baxter Meadows PUD Phase 4 is generally located southwest of Baxter Lane and Davis Lane. The Baxter Meadows Phase 4 Preliminary PUD plan was approved by the Commission on June 18, 2007, subject to the following conditions and code provisions. Please review and provide comments to me at your earliest convenience. Please return the final site plan to me for the approval stamps. Thank you. Conditions: 1. Due to topography, the presence of critical lands, access control, and adjacency to open space, block lengths may exceed 400 feet but may not exceed 1, 087 feet, and shall not exceed 600 feet without a 30 foot right of way with pedestrian walkway. 2. Due to separation of residential development from traffic arterials and to overcome specific disadvantages of topography and orientation, block widths may be less than 200 feet or more than 400 feet in width. 3. Per Section 18.42.040, a right-of-way for a pedestrian walk, not less than 10 feet wide, shall be required in Lot 12, Block 7 in alignment with the pedestrian walk bisecting Block 8 and extending across the spring ditch to intersect with the trail on the west side of the spring ditch. Unless the pedestrian right-of-way is a minimum of 30 feet wide, the setback adjacent to it shall be a minimum of 15 feet. 4. In keeping with the previous approved residential subdivisions within the Baxter Meadows PUD, street light pole heights may be 17.5 feet within the interior of the subdivision. Street light pole heights at interior street intersections with Vaquero Parkway shall be 20 feet. 5. The corner side yard (front yard) setback of Lots 1 & 9, Block 3 and Lots 10 & 20, Block 4 may be 10 feet. 6. A community center that is intended for use solely by the residents of this development, and privately or jointly owned, is an accessory use, and as such would not be subject to Section 18.40.210. Lot 11, Block 7 shall be designated for a community center for the sole use of the 1 • • residents of the development on the final plat, final P UD plan and in the covenants. The community center shall be subject to site plan review in accordance with the BMC. 7. The lots along Baxter Lane and Davis Lane shall have double-front architectural features facing those roads as found on the front of the dwellings units, for example; covered porches, varied roof lines, multiple fagade materials, varied fagade plane, and decorative lighting. These architectural requirements shall be addressed and demonstrated in the covenants/development guidelines. 8. Fences located in the side or rear yard setback of properties adjacent to any park or open space shall not exceed a maximum height of 4 feet, and shall be of an open construction. This requirement shall be addressed and demonstrated in the covenants/development guidelines. 9. The development guidelines shall include thumbnail sketches to demonstrate architectural requirements. 10. The owner shall executed and submit documents the following prior to final plan approval: a. A certification of completion and compliance stating that they understand any conditions of approval and the submitted final site plans or master site plan have complied with any conditions of approval or corrections to comply with code provisions per Section 18.34.130.B. b. A statement of intent to construct according to the final site plan. Such statement shall acknowledge that construction not in compliance with the approved final site plan may result in delays of occupancy or costs to correct noncompliance per Section 18.34.130.C. c. A certification that it is their intent to comply with the requirements of the Bozeman Municipal Code and any conditions considered necessary by the approval body. 11. That the right to a use and occupancy permit shall be contingent upon the fulfillment of all general and special conditions imposed by the conditional use permit procedure pursuant to Section 18.34.100.C.1 of the Bozeman Municipal Code. 12. That all of the special conditions shall constitute restrictions running with the land use, shall apply and be adhered to by the owner of the land, successors or assigns, shall be binding upon the owner of the land, his successors or assigns, shall be consented to in writing, and shall be recorded as such with the County Clerk and Recorder's Office by the property owner prior to the issuance of any building permits, final site plan approval or commencement of the conditional use pursuant to Section 18.34.100.C.2 of the Bozeman Municipal Code. 13. The final site plan shall comply with the standards identified and referenced in the Bozeman Municipal Code. The applicant is advised that unmet code provisions, or code provisions that are not specifically listed as conditions of approval, does not, in any way, create a waiver or other relaxation of the lawful requirements of the Bozeman Municipal Code or state law. 14. The open space landscaping plans shall exceed the standards of Chapter 18.48, similar to that demonstrated in Alternative C. The applicant should consider revising Alternative C to 2 • • include seating along the trail system and additional planting to break up the grassed areas adjacent to Baxter Lane. Code Provisions: a. Per Section 18.74.030.D, the applicant must submit twelve (12) copies of a Concurrent Construction Plan that addresses all aspects of this section to the Planning Department for DRC review and Planning Director approval before concurrent construction may be approved. b. Per Section 18.48.020, planned unit development landscaping plans shall meet or exceed the standards of Chapter 18.48. c. Per Section 18.36.090.E, the applicant shall document the provision of twenty performance points. A table showing the computed PUD open space shall be included on the final plan. d. Per Section 18.36.060, the applicant must submit seven (7) copies a Final PUD Plan within one (1) year of preliminary approval containing all of the conditions, corrections and modifications to be reviewed and approved by the Planning Department. e. The applicant shall submit with the application for Final Plan review and approval, a written narrative stating how each of the conditions of preliminary plan approval has been satisfactorily addressed. 3 i CITY 014OZEMAN DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPMENT Alfred M. Stiff Professional Building phone 406 582 2260 20 East Olive Street P.O. Box 1230 fax 406-582-2263 Bozeman, Montana 59771-1230 planning@bozeman.net www.bozeman.net TO: Mark Meissner, Project Manager, PC Development FROM: Lanette Windemaker, AICP; Contract Planner DATE: September 14, 2007 RE: Baxter Meadows Phase 4A Final Plat (Preliminary #P-07011) / Baxter Meadows Phase 4 Final PUD Plan(Preliminary#Z-07049) Dear Mark: I have reviewed the submittals provided to me and following is a I i st of information or submittal materials that need to be provided or clarified: Phase 4A Final PUD Application #3. The east/west trail and bridge is not shown in the open space. Needs to be shown. Given your decision to only allow public use on the trail easements, it might be better for this portion of the trail to built by you during the appropriate open space phase. It should not be dependent on Lot 12, Block 7 because they would have no authority to grant the public access easement on the open space, nor the right to build the trail. Trail needs to be built to the east side of open space, then Lot 12 will have to figure out how to connect to it. #8. There is no Section 7.7, maybe 5.5. Tab 4. 18.72.020.B.5, Right to Use appears to be 2.2 in Declaration. Please check these references for accuracy. Tab 9. Lights on Vaquero are shown on the west side of the street. Is this really where you want them? You are responsible for installation and maintenance even on that side o l'the street. This will need to be addressed. Tab 10. The"community center" should be differentiated from SFR lots. **: Should be described as a relaxation granted with the prelim 1 na ry PUD plan. 4.10, Declaration. It appears that the only lights required to be illuminated is (B). If you expect the yard lights to be illuminated, the covenants probably should say so. L2. The east/west trail and bridge is not shown in the open space. Needs to be shown. Given your decision to only allow public use on the trail easements, it might be better for this portion of the trail to built by you during the appropriate open space phase. It should not be dependent on Lot 12, Block 7 because they would have no authority to grant the public access easement on the open space, nor the right to build the trail. Trail needs to be built to east side of the open space, then Lot 12 will have to figure out how to connect to it. planning • zoning • subdivision review . annexation • historic preservation • housing • grant administration . neighborhood coordination Phase 4A Final Plat Application Lot R. Remove the word remainder. Also, remove the word remainder I'rom the table. It is hard to tell all of the lines around the watercourse apart. It would be good to include a color print of that area, maybe under Tab 11. #1. Section 6.4 is not understandable. What does Section 6.5 XXX mean? Need Engineer's cost estimate of street maintenance and indication of\\-hat the starting assessments will be. #2. Lights on Vaquero are shown on the west side of the street. Is this really where you want them? You are responsible for installation and maintenance even on that side of the street. This will need to be addressed. #4. Need a letter from Qwest indicating that they will not be providing service to this subdivision. #9. Not applicable to this phase. #10. Note on plat is not complete. Tab 3. These full sized plans do not really need to be included with P I at. [ would suggest reduced plans. Will need a cost estimate of landscaping improvements broken down b), phases. Tab 8. There is no cost listed for the private sidewalks. These have to be financially guaranteed to be deferred for the up to 3 years. Appears to only be seven street lights in Phase 4A. Tab 10. 18.72.020.B.5, Right to Use appears to be 2.2 in Declaration. ('lease check these references for accuracy. Tab 19. I would suggest that the 7 page report is sufficient for inclusion in the Plat submittal. Tab 23. Include copies of historical documentation to verify availability of this acreage of park dedication. Articles of Incorporation: Need 5 members just like in Bylaws, Art. 4. After we have received all of this information, we will again review the application to determine if the information is acceptable for initial review. After the application is deemed to contain the required elements and to be acceptable, the review process will commence. Please note, a determination that an application contains adequate information in sufficient detail to be acceptable for the initial review process to commence does not ensure that the proposed application will be approved by the City of Bozeman, and does not limit the ability of the City of Bozeman to request additional information during the review process. If you have any questions,please feel free to contact me at 586-5266. Page 2 of 2 i MEMORANDUM TO: Ms. Lanette Windemaker, AICP FROM: Mark Meissner Project Manager DATE: September 26, 2007 RE: Baxter Meadows Phase 4A Final Plat/Phase 4 Final PUD Resubmittal Dear Lanette; Please find attached the revised Baxter Meadows Phase 4A Final Plat application and Baxter Meadows Phase 4 Final PUD application. Also included are the checks for the Final PUD application fee, Final Plat application fee, cash-in-lieu of water rights, and the original platting certificate. I have addressed all of your comments from your letter dated September 14, and have attached my responses. Once you have finalized and reviewed each o=the documents below we will execute and submit to you, and also included a digital copy of each application. Phase 4 Final PUD Application • Signed original of the Conditional Use Permit. • Original executed owners' association documents. Phase 4A Final Plat Application • The original executed articles of incorporation, bylaws, declaration, design guidelines and annexation declaration (Same as above under PUD). • Executed originals for SID waiver, SID private street waiver, SID park waiver, Lift Station Agreement, Improvements Agreement and Fire Station.Agreement. • Financial guarantee for improvements agreement. • Final Plat drawing- singed mylars • Fire Department Site Acquisition documents. If you have any questions please feel free to contact me. Thank you. 3985 Valley Commons Drive Bozeman,MT 59718 (406)586-9922 FAX(406)586 9921 CITY OF BOZEMAN DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPMENT Alfred M.Stiff Professional Building • �� 20 East Olive Street phone 406-582-2260 P.O. Box 1230 fax 406-582-2263 Bozeman, Montana 59771-1230 planning@bozeman.net www.bozeman.net TO: Mark Meissner, Project Manager, PC Development FROM: Lanette Windemaker, AICP; Contract Planner DATE: September 14, 2007 RE: Baxter Meadows Phase 4A Final Plat (Preliminary #P-07011) / Baxter Meadows Phase 4 Final PUD Plan(Preliminary#Z-07049) Dear Mark: I have reviewed the submittals provided to me and following is a list of information or submittal materials that need to be provided or clarified: Phase 4A Final PUD Application #3. The east/west trail and bridge is not shown in the open space. Needs to be shown. Given your decision to only allow public.use on the trail easements, it might be better for this portion of the trail to built by you during the appropriate open space phase. It should not be dependent on Lot 12, Block 7 • because they would have no authority to grant the public access easement on the open space, nor the right to build the trail. Trail needs to be built to'the east side of open space, then Lot 12 will have to figure out how to connect to it. R: I have added the east-west trail-and bridge in the open space and this is indicated in the revised Open Space Landscaping Plans (Tab 3) and the Final PUD Plan (Tab 5). #8. There is no Section 7.7, maybe 5.5. R: Section 5.5 is correct. Also the diagrams in 5.5A and 5.5B have been updated. Tab 4. 18.72.020.B.5, Right to Use appears to be 2.2 in Declaration. Please check these references for accuracy. R: . Right to Use is 2.2 and 2.6 in Declaration. All other references have been updated and are now accurate. Tab 9. Lights on Vaquero are shown on the west side of the street. Is this really where you want them? You are responsible for installation and maintenance even on that side of the street. This will need to be addressed. R: We do intend to install the street lights along Vaquero along the west side of the street. There was one utility conflict at the northern end that prohibited us from placing the light on the east, so for consistency, they will all be placed on the west. The installation and maintenance responsibility is included in Section 5.1 of the Declaration (Tab 4-3) and also is shown on the revised Street Lighting Plan (Tab 9). Tab 10. The"community center" should be differentiated from SFR lots. • **: Should be described as a relaxation granted with the preliminary PUD plan. R: The table in Tab 10 has been updated to acknowledge both of the above comments. planning • zoning • subdivision review . annexation • historic preservation • housing . grant administration • neighborhood coordination 4.10, Declaration. It appears that the only lights required to be illuminated is (B). If you expect the yard lights to be illuminated, the covenants probably should say so. R: This is Section 4.10 of the Design • Guidelines. I have updated that text in Section 4.10 (D) to indicate this. L2. The east/west trail and bridge is not shown in the open space. Needs to be shown. Given your decision to only allow public use on the trail easements, it might be better for this portion of the trail to built by you during the appropriate open space phase. It should not be dependent on Lot 12, Block 7 because they would have no authority to grant the public access easement on the open space, nor the right to build the trail. Trail needs to be built to east side of the open space, then Lot 12 will have to figure out how to connect to it. R: I have added the east-west trail and bridge in the open space and this is indicated in the revised Open Space Landscaping Plans (Tab 3) and the Final PUD Plan (Tab 5). Phase 4A Final Plat Application Lot R. Remove the word remainder. Also, remove the word remainder from the table. R: We have addressed this on the Final Plat (Tab 2). It is hard to tell all of the lines around the watercourse apart. It would be good to include a color print of that area, maybe under Tab 11. R: I have added a color exhibit to the front of Tab 11. #1. Section 6.4 is not understandable. R: This has been reworded for clarity. What does Section 6.5 XXX mean? R: This was a typo. Need Engineer's cost estimate of street maintenance and indication of what the starting assessments will • be. R: The starting assessment for street maintenance is included in Section 6.4 of Tab 10-3. I have also included a cost estimate in Tab 24 from a street maintenance company that we have used for many other projects. #2. Lights on Vaquero are shown on the west side of the street. Is this really where you want them? You are responsible for installation and maintenance even on that side of the street. This will need to be addressed. R: We do intend to install the street lights along Vaquero along the west side of the street. There was one utility conflict at the northern end that prohibited us from placing the light on the east, so for consistency, they will all be placed on the west. The installation and maintenance responsibility is included in Section 5.1 of the Declaration (Tab 10-3) and also is shown on the revised Street Lighting Plan (Tab 4). #4. Need a letter from Qwest indicating that they will not be providing service to this subdivision. R: Qwest has been sent multiple letters from us, as well as several phone messages. They have not been responsive to any of our requests. I will keep working to obtain a letter from them. #9. Not applicable to this phase. R: This has been changed in the condition responses. #10. Note on plat is not complete. R: We have updated these per your comments. Tab 3. These full sized plans do not really need to be included with Plat. I would suggest reduced plans. • Will need a cost estimate of landscaping improvements broken down by phases. R: Reduced sets of plans have been included in all of the copies of the Final Plat Application: The cost estimate for Phase 4A is included with the improvements agreement in Tab 8, and the breakdown for all sub- I Page 2 of 3 phases (plus contingencies) is included in the front of the Open Space Landscaping Section (Tab 3). • Tab 8. There is no cost listed for the private sidewalks. These have to be financially guaranteed p y gu anteed to be deferred for the up to 3 years. R: This has been added to the cost estimate in Tab.8. Appears to only be seven street lights in Phase 4A. R: This is correct. Tab 10. 18.72.020.B.5, Right to Use appears to be 2.2 in Declaration. Please check these references for accuracy. R: Right to Use is 2.2 and 2.6 in Declaration. All other references have been updated and are now accurate. Tab 19. I would suggest that the 7 page report is sufficient for inclusion in the Plat submittal. R: The additional copies of the Final Plat application include just the 7 page report. Tab 23. Include copies of historical documentation to verify availability of this acreage of park dedication. R: I have included copies of the park calculations that were submitted with the final plat applications for each respective phase. Articles of Incorporation: Need 5 members just like in Bylaws, Art. 4. R: This has been updated in Tab 10-1. After we have received all of this information, we will again review the application to determine if the information is acceptable for initial review. After the application is deemed to contain the required elements and to be acceptable, the review process will commence. Please note, a determination that an • application contains adequate information in sufficient detail to be acceptable for the initial review process to commence does not ensure that the proposed application will be approved by, the City of Bozeman, and does not limit the ability of the City of Bozeman to request additional information during the review process. If you have any questions, please feel free to contact me at 586-5266. • Page 3 of 3 MEMORANDUM u qPp ? 6 2007 OF PLANS;",' AND , .;'TY OEVELO':A N 1 TO: Ms. Lanette Windemaker, AICP FROM: Mark Meissner / Project Manager DATE: September 26, 2007 RE: Baxter Meadows Phase 4A Final Plat/Phase 4 Final PUD Resubmittal Dear Lanette; Please find attached the revised Baxter Meadows Phase 4A Final Plat application and Baxter Meadows Phase 4 Final PUD application. Also included are the checks for the Final PUD application fee, Final Plat application fee, cash-in-lieu of water rights, and the original platting certificate. I have addressed all of your comments from your letter dated September 14, and have attached my responses. Once you have finalized and reviewed each of the documents below we will execute and submit to you, and also included a digital copy of eacn application. Phase 4 Final PUD Application • Signed original of the Conditional Use Permit. • Original executed owners' association documents. Phase 4A Final Plat Application • The original executed articles of incorporation, bylaws, declaration, design guidelines and annexation declaration (Same as above under PUD). • Executed originals for SID waiver, SID private street waiver, SID park waiver, Lift Station Agreement, Improvements Agreement and Fire Station Agreement. • Financial guarantee for improvements agreement. Final Plat drawing- singed mylars • Fire Department Site Acquisition documents. If you have any questions please feel free to contact me. Thank you. i 3985 Valley Commons Drive Bozeman,MT 59718 (406)586-9922 9 FAX(406)586-9921 BAXTER MEADOWS PHASE 4 OWNER LIST Baxter Meadows West, LLC 3985 Valley Commons Drive BOZEMAN,MT 59718 Partners: Michael E. Potter Thomas L. Clinton Gerald R.Williams oa - mm ZO � � r Z a U 2 w N Z O U r a 0 N 0 2 L w O 4 Q W a a o w v L) U W. cr �a W 4 BAXTER MEADOWS - PHASE 4 FINAL PUD APPLICATION .TABLE OF CONTENTS Tab # Description Condition # 1 Development Review Application, Checklist, Response to Conditions Plan 2 Final Plat Drawing 1,2 3 Open Space Landscaping Plans 14, b. 4 Owners'Association Documents 6,7,8,9 5 Final PUD Plan 3,6,13,c. 6 Master Utility Plan Plan 7 Existing Zoning Plan 8 Phasing Map Plan 9 Streetlight Plan 4 10 Table of Setbacks and Building Requirements 5 • 1 • �, CITY OF BOZEMAN • p DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPMENT Alfred M. Stiff Professional Building phone 406-582-2260 •; 20 East Olive Street fax-406-582-2263. P.O. Box 1230 planning@bozeman.net Bozeman, Montana 59771-1230 www.bozeman.net DEVELOPMENT REVIEW APPLICATION 1. Name of Project/Development: Baxter Meadows Subdivision,P.U.D.,Sub-Phase 4A 2. Property Owner Information: Name. Baxter Meadows West,LLC E-mail Address: mark@pcdevelopment.com Mailing Address: 3985 Valley Commons Drive,.Bozeman,MT, 59718 Phone: 406-586-9922 FAX: 406-586-9921 3.Applicant Information: Name: Same as Above E-mail Address: Mailing Address: Phone: FAX: 4.' Representative Information: Name: Same as Above E-mail Address: Mailing Address: Phone: FAX: A Parcel of Land Being a Portion of Lot 3 of Minor Subdivision No.400,Located in the NE 1/4 of Section 3,T2S,R5E P.M.M,City of Fs- Legal Description: Bozeman,Gallatin County,Montana. 6. Street Address: N/A 7. Project Description: Traditional subdivision with residential uses. 9. Current Land Use(s): Vacant(Zoned/Annexed) 8. Zoning Designation(s): R-3 10. Bozeman 2020 Community Plan Designation:Residential Page 1 Appropriate Review Fee Submitted ❑ a ' 11. Gross Area: Acres: 10.66 Square Feet: 464,377 12.Net Area: Acres: Square Feet: 13. Is the Subject Site Within an Overlay District? ❑ Yes,answer question 13a ❑✓ No,go to question 14 13a.Which Overlay District? ❑ Casino ❑ Neighborhood Conservation ❑ Entryway Corridor 14. Will this application require a deviation(s)? ❑✓ Yes ❑ No 15.Application Type (please check all that apply): ❑ O.Planned Unit Development-Concept Plan ❑A.Sketch Plan for Regulated Activities in Regulated Wetlands ❑P.Planned Unit Development-Preliminary Plan ❑ B.Reuse,Change in Use,Further Development Pre-9/3/91 Site ✓❑ Q.Planned Unit Development-Final Plan ❑ C.Amendment/Modification of Plan Approved On/After 9/3/91 ❑R.Planned Unit Development-Master Plan ❑D.Reuse,Change in Use,Further Development,Amendment/COA ❑S.Subdivision Pre-application ❑E.Special Temporary Use Pernut ❑T.Subdivision Preliminary Plat ❑ F.Sketch Plan/COA ✓❑U.Subdivision Final Plat ❑G. Sketch Plan/COA with an Intensification of Use ❑V.Subdivision Exemption ❑H.Preliminary Site Plan/COA ❑W.Annexation ❑ I.Preliminary Site Plan ❑X.Zoning Map Amendment ❑I Preliminary Master Site Plan ❑Y.Unified Development Ordinance Text Amendment ❑K.Conditional Use Permit ❑ Z.Zoning Variance L.Conditional Use Permit/COA ❑AA. Growth Policy Map Amendment ❑M.Administrative Project Decision Appeal ❑BB.Growth Policy Text Amendment ❑N.Administrative Interpretation Appeal ❑Other: This application must be accompanied by the appropriate checklist(s),number of plans or plats,adjoiner information and materials,and fee (see Development Review Application Requirements and Fees). The plans or plats must be drawn to scale on paper not smaller than 81/2- by 11-inches or larger than 24-by 36-inches folded into individual sets no larger than 81/2-by 14-inches. If 3-ring binders will be used, they must include a table of contents and tabbed dividers between sections. Application deadlines are 5:00 pm every Tuesday. This application must be signed by both the applicant(s)and the property owner(s) (if different)before the submittal will be accepted. As indicated by the signature(s) below, the applicant(s) and property owner(s) submit this application for review under the terms and provisions of the Bozeman Municipal Code. It is further indicated that any work undertaken to complete a development,approved by the City of Bozeman shall be in conformance with the requirements of the Bozeman Municipal Code and any special conditions established by the approval authority. Finally,I acknowledge that the City has an Impact Fee Program and impact fees may be assessed for my project. I(We)hereby certify that the above informatio s true and correct to the best of my(our)knowledge. Applicant's Signature: Date: Applicant's Signature: Date: Property Owner's Signatur • - Date: Z� Property Owner's Signatu Date: 4p—property Owner's Signature: Date: Page 2 (Development Review Application—Prepared 11/25/03) 1 ILANNED UNIT DEVELOPMENT CHECKLIST The appropriate checklist shall be completed and returned as part of the submittal. Any item checked "No" or "N/A" (not applicable)must be explained in a narrative attached to the checklist. Incomplete submittals will be returned to the applicant. A. ❑ Planned Unit Development—Concept Plan. The following information and data shall be submitted: PUD Concept Plan Information Yes No N/A 1. . Data regarding site conditions,land characteristics,available community facilities and ❑ ❑ ❑ utilities and other related general information about adjacent land uses and the uses of land within one-half mile of the subject parcel of land 2. Conceptual (sketch) drawing showing the proposed location of.the uses of land, ❑ ❑ ❑ major streets and other significant features on the site and within one-half mile of the site 3. A computation table showing the site's proposed land use allocations by location and ❑ ❑ ❑ as a percent of total site area B. ❑ Planned Unit Development—Preliminga Plan. The following information and data shall be submitted: PUD Preliminary Plan Information Yes No N/A 1. The following information shall be presented in an 8'/2-by 11-inch vertically bound document.The document shall be bound so that it will open and lie flat for reviewing and organized in the following order: a. Application forms ❑ ❑ ❑ b. A list of names of all general and limited partners and/or officers and ❑ ❑ ❑ directors of the corporation involved as either applicants or owners of the planned unit development C. Statement of applicable City land use policies and objectives achieved by the ❑ ❑ 0 proposed plan and how it furthers the implementation of the Bozeman growth polity d. Statement of the proposed ownership of open space areas ❑ ❑ ❑ e. Statement of the applicanes intentions with regard to future ownership of all ❑ ❑ ❑ or portions of the planned unit development. f. Estimate of number of employees for business, commercial and ind-.istrial ❑ ❑ ❑ uses g. Description of rationale behind the assumptions and choices made by the ❑ ❑ ❑ applicant h. Where deviations from the requirements of this title are proposed, the ❑ ❑ ❑ applicant shall submit evidence of successful completion of the applicable community design objectives and criteria of Section 18.36.090 (PUD Design Objectives and Criteria),BMC.The applicant shall submit written explanation for each of the applicable objectives or criteria as to how the plan dies or does not address the objective or criterion. The Planning Director may require, or the applicant may choose to submit, evidence that is beyond what is required in that section. Any element of the proposal that varies from the criterion shall be described i. Detailed description of how conflicts between land uses of different character ❑ ❑ ❑ are being avoided or mitigated ij. Statement of design methods to reduce energy consumption, (e.g., ❑ ❑ ❑ home/business utilities,transportation fuel,waste recycling) Page 3 (PUD Checklist—Prepared 12/2/03;revised 9/21/04) PUD Preliminary lan Information,continued Yes No N/A 1. The following information shall be presented in an 8'/2-by 11-inch vertically bound document.The document shall be bound so that it will open and lie flat for reviewing and organized in the following order: • k. A development schedule indicating the approximate date when construction ❑ ❑ ❑ of the planned unit development, or stages of the same, can be expected to begin and be completed, including the proposed phasing of construction of public improvements and recreational and common space areas j. One reduced version of all preliminary plan and supplemental plan maps and ❑ ❑ ❑ graphic illustrations at 8'/2-by 11-inches or 11-by 17-inches size 2. In addition to all of the information listed on the Site Plan Checklist, the following information shall be included on the site plan: a. Notations of proposed ownership, public or private, should be included ❑ ❑ ❑ where appropriate b. The proposed treatment of the perimeter of the planned unit development, ❑ ❑ ❑ including materials and techniques used, such as screening, fences, walls and otherlandscaping . C. Attorney's or owner's certification of ownership ❑ ❑ ❑ 3. Viewsheds: a. Looking onto and across the site from areas around the site,describe and.map ❑ ❑ ❑ the views and vistas from adjacent properties that may be blocked or impaired by development of the site b. Describe and map areas of high visibility on the site as seen from adjacent ❑ ❑ ❑ off-site locations 4. Street cross-section schematics shall be submitted for each general category of street,including: a. The proposed width ❑ ❑ ❑ b. Treatment of curbs and gutters,or other storm water control system if other ❑ ❑ ❑ • than curb and gutter is proposed C. Sidewalk systems ❑ ❑ ❑ d. Bikeway systems,where.alternatives to the design criteria and standards of the ❑ ❑ ❑ City are proposed 5. Physiographic data,including the following a. A description of the hydrologic conditions of the site with analysis of water ❑ ❑ ❑ table fluctuation and a statement of site suitability for intended construction and proposed landscaping,in compliance with Section 18.78.120.B.3.c,BM- C b. Locate and identify the ownership of existing wells or well sites within 400 ❑ ❑ ❑. feet of the site 6. If the project involves or requires platting, a preliminary subdivision plat, subject to ❑ ❑ ❑ the requirements of this tide relative to subdivisions,shall be submitted 7. Not withstanding the waiver provisions of Section 18.78.080.B.9, BMC, at the ❑ ❑ ❑ discretion of the City Engineer,a traffic impact analysis shall be prepared based upon the proposed development. The analysis shall include provisions of the approved development guidelines, and shall address impacts upon surrounding land uses. The Director of Public Service may require the traffic impact analysis to includV the information in Section 18.78.050.L, BMC. If a traffic impact analysis has been submitted as part of a concurrent subdivision review, that analysis shall meet this requirement 8. If the development's compliance with the community design objectives and criteria is ❑ ❑ ❑ . under question,the City Commission may require additional impact studies or other plans as deemed necessary for providing thorough consideration of the proposed • planned unit development 9. A proposed draft of a legal instnunent containing the creation of a property owner's ❑ ❑ ❑ association sufficient to meet the requirements of Section 18.72.020 (Property Owners Association),BMC shall be submitted with the preliminary plan application Page 4 _ C. ✓❑ Planned Unit DApment—Final Plan. The following inforrI on and data shall be submitted: PUD Final Plan Information Yes No N/A • 1. A list of names of all general and limited partners and/or officers and directors of ✓❑ ❑ ❑ the corporation involved as either applicants or owners of the planned unit development 2. A final plan site plan shall be submitted on a 24- by 36-inch sheet(s) at the same scale as the approved preliminary plan. If a different scale is requested or required, a copy of the approved preliminary plan shall be submitted that has been enlarged or reduced to equal the scale of the final plan. However, only the scales permitted for the preliminary plans shall be permitted for final plans. The find plan site plan shall show the following information: a. Land use data(same information as required on the preliminary site plan) ✓❑ ❑ ❑ b. Lot lines,easements,public rights-of-way as per subdivision plat ❑✓ ❑ ❑ C. Attorney's or owner's certification of ownership ❑✓ ❑ ❑ d. Planning Director certification of approval of the site plan and its ✓❑ ❑ ❑ conformance with the preliminary plan e. Owner's certification of acceptance of conditions and restrictions as set forth ✓❑ ❑ ❑ on the site plan 3. A final landscape plan consistent with the conditions and restrictions o= the ✓❑ ❑ ❑ approved preliminary plan shall be submitted. It shall also be consistent with the Chapter 18.48 (Landscaping), BMC, except that any stated conditions and restrictions of the preliminary plan approval shall supersede the provisions of Chapter 18.48(Landscaping),BMC 4. An official final subdivision plat of the site must accompany the final planned unit ✓❑ .• ❑ ❑ development plan when applicable. City approval of the final subdivision plat shall be required before issuance of building permits j • 5. Prior to submission of the final plan to the DRC and ADR staff, engineering plans 0 ❑ ❑ and specifications for sewer, water, street improvements and other public improvements, and an executed improvements agreement in proper form proNiding for the installation of such improvements,must be submitted to and approved by the City 6. A plan for the maintenance of open space, meeting the requirements of Section ✓❑ ❑ ❑ 18.72.040 (Common A-tea and Facility Maintenance Plan and Guarantee),BMC,shall 'lie submitted with an application for final plan approval. Open space shown.on the approved. final plan shall not be used for the construction of any structures not shown on the final plan • Page 5 ' OF BOZEMAN • K; DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPMENI Alfred M.Stiff Professional Building 20 East Olive Street phone 406-582-2260 P.O.Box 1230 fax 406-582-2263 Bozeman,Montana 59771-1230 planningCa?bozeman.net www.bozeman.net June 19, 2007 Baxter Meadows Development, LP 1500 Poly Dr., Ste. 300 Billings, MT 59102 RE: Baxter Meadows PUD Phase 4 Preliminary Plan#Z-07049 Baxter Meadows PUD Phase 4 Major Subdivision Preliminary Plat#P-07011 Dear Jerry: At its June 18, 2007, public hearing, the Bozeman City Commission voted unanimously, 5-0, to conditionally approve the Baxter Meadows PUD Phase 4 Preliminary Plan. Regarding the Baxter Meadows PUD Phase 4 Preliminary Plan, the Planning Director hereby grants approval contingent upon satisfactorily meeting the following conditions: 1. Due to topography, the presence of critical lands, access control, and adjacency to open space,block lengths may exceed 400 feet but may not exceed 1, 087 feet, and shall not exceed 600 feet without a 30 foot right of way with pedestrian walkway. R: Acknowledged, see Final Plat Drawing (Tab 2). 2. Due to separation of residential development from traffic arterials and to overcome specific disadvantages of topography and orientation,block widths may be less than 200 feet or more than 400 feet in width. R: Acknowledged, see Final Plat Drawing(Tab 2). 3. Per Section 18.42.040, a right-of-way for a pedestrian walk, not less than 10 feet wide, shall be required in Lot 12, Block 7 in alignment with the pedestrian walk bisecting Block 8 and extending across the spring ditch to intersect with the trail on the west side of the spring ditch. Unless the pedestrian right-of-way is a minimum of 30 feet wide, the setback adjacent to it shall be a minimum of 15 feet. R: A thirty foot(30') wide pedestrian corridor has been provided in Lot 12 of Block 7 in accordance with the above. A start point at the east aligned with the pedestrian corridor bisecting Block 8 and an end point to the west connecting to the north-south trail in the open space is indicated on the Final P.U.D. Plan (Tab 5). The exact horizontal alignment of the thirty foot wide pedestrian corridor shall be determined at the time of Individual Site Plan Review for that lot. 4. In keeping with the previous approved residential subdivisions within the Baxter Meadows PUD, street light pole heights may be 17.5 feet within the interior of the subdivision. Street light pole heights at interior street intersections with Vaquero Parkway shall be 20 feet. R: Acknowledged, see Street Lighting Plan (Tab 9). 5. The corner side yard(front yard) setback of Lots 1 & 9, Block 3 and Lots 10 & 20, Block 4 may be 10 feet. R: Acknowledged, see Building Guidelines and Setback Table (Tab 10). planning . zoning . subdivision review . annexation . historic preservation . housing . grant administration . neighborhood coordination i 6. A community center tha is intended for use solely by the residents of this development, and privately or jointly owned, is an accessory use, and as such would not be subject to Section 18.40.210. Lot 11, Block 7 shall be designated for a community center for the sole use of the residents of the development on the final plat, final PUD plan and in the covenants. The community center shall be subject to site plan review in accordance with the BMC. R: This designation is shown on the Final P.U.D Plan (Tab.5) and in Section 1.4T of the Covenants (Tab 4-3). When that sub-phase is platted it will have the same description on the plat. 7. The lots along Baxter Lane and Davis Lane shall have double-front architectural features facing those roads as found on the front of the dwellings units, for example; covered porches, varied roof lines, multiple fagade materials, varied fagade plane, and decorative lighting. These architectural requirements shall be addressed and demonstrated in the covenants/development guidelines. R: This is addressed in Sections 4.1A and 5.14A of the Design Guidelines (Tab 4-4). Examples of the architecture to be used are in included in this section. 8. Fences located in the side or rear yard setback of properties adjacent to any park or open space shall not exceed a maximum height of 4 feet, and shall be of an open construction. This requirement shall be addressed and demonstrated in the covenants/development guidelines. R: Fencing on all lots will be limited to four feet (4) in height and will be limited to a small portion of the rear or side yard. This is depicted in Section 7.7 of the Design Guidelines (Tab 4-4).. 9. The development guidelines shall include thumbnail sketches to demonstrate*architectural requirements. R: Acknowledged, see Section 4.2A and 4.2D of the Design Guidelines (Tab 4-4). 10. The owner shall executed and submit documents the following prior to final plan approval: a. A certification of completion and compliance stating that they understand any conditions of i approval and the submitted final site plans or master site plan have complied with any conditions of approval or corrections to comply with code provisions per Section 18.34.130.B. b. A statement of intent to construct according to the final site plan. Such statement shall acknowledge that construction not in compliance with the approved final site plan may result in delays of occupancy or costs to correct noncompliance per Section 18.34.130.C. c. A certification that it is their intent to comply with the requirements of the Bozeman Municipal Code and any conditions considered necessary by the approval body. R: A copy of the signed Conditional Use Permit is included in the front pocket of this application. 11. That the right to a use and occupancy permit shall be contingent upon the fulfillment of all general and special conditions imposed by the conditional use permit procedure pursuart to Section 18.34.100.C.1 of the Bozeman Municipal Code. R: We acknowledge all special conditions and will comply with them. A copy of the signed Conditional Use Permit is included in the front pocket of this application. 12. That all of the special conditions shall constitute restrictions running with the land use, shall apply and be adhered to by the owner of the land, successors or assigns, shall be binding upon the owner of the land, his successors or assigns, shall be consented to in writing, and shall be recorded as such with the County Clerk and Recorder's Office by the property owner prior to the issuance of any building permits, final site plan approval or commencement of the conditional use pursuant to Section 18.34.100.C.2 of the Bozeman Municipal Code. R: Acknowledged, see Conditional Use Permit in front pocket. Page 2 13. The final site plan shall comply with the standards identified and referenced in the Bozeman Municipal Code. The applicant is advised that unmet code provisions, or code provisions that are not specifically listed as conditions of approval, does not, in any way, create a waiver or other relaxation of the lawful requirements of the Bozeman Municipal Code or state law. R: All code provisions have been met and are included on the Final P.U.D. Plan included in Tab 5. 14. The open space landscaping plans shall exceed the standards of Chapter 18.48, similar to that demonstrated in Alternative C. The applicant should consider revising Alternative C to include seating along the trail system and additional planting to break up the grassed areas adjacent to Baxter Lane. R: Please see the Open Space Landscaping Plan included in Tab 3. We have taken Alternative C and added several benches along the trail system. We have also placed trees throughout the grassed areas along Baxter Lane. In addition to the specific conditions listed above, the final plan shall comply with the standards identified below and referenced in the Bozeman Municipal Code. a. Per Section 18.74.030.D, the applicant must submit twelve(12) copies of a Concurrent Construction Plan that addresses all aspects of this section to the Planning Department for DRC review and Planning Director approval before concurrent construction may be approved. R: We are not applying for concurrent construction at this time. b. Per Section 18.48.020, planned unit development landscaping plans shall meet or exceed the standards of Chapter 18.48. R: Acknowledged, see Open Space Landscaping Plan (Tab 3). c. Per Section 18.36.090.E, the applicant shall document the provision of twenty performance points. • A table showing the computed PUD open space shall be included on the final plan. R: This is included on the Final P.U.D. Plan (Tab 5). d. Per Section 18.36.060, the applicant must submit seven(7) copies a Final PUD Plan within one (1) year of preliminary approval containing all of the conditions, corrections and modifications to be reviewed and approved by the Planning Department. Seven copies of the Final P.U.D. Plan have been submitted. e. The applicant shall submit with the application for Final Plan review and approval, a written narrative stating how each of the conditions of preliminary plan approval has been satisfactorily addressed. R: Acknowledged. Also at its June 18, 2007, public hearing, the Bozeman City Commission voted unanimously, 5-0, to conditionally approve the Baxter Meadows PUD Phase 4 Major Subdivision Preliminary Plat. Regarding the Baxter Meadows PUD Phase 4 Major Subdivision Preliminary Plat, the Planning Director hereby grants approval contingent upon satisfactorily meeting the following conditions: 1. The right-of-way widths of"A" Way and "B" Street shall not be less than 55' wide. Any street with a ROW less than 60'wide shall be subject to the following conditions: • Per Section 18.44.020.A, all streets within the proposed development shall be dedicated to the public. R: Acknowledged, see Final Plat drawing, Tab 2. • Per Section 18.44.020.A.2.b, a permanent funding source, such as the levying of assessments against all properties within the development, for street maintenance is established and the funding levels will be adequate for all future private street maintenance. R: See Section 6.4 in Tab 10-3. Page 3 • Per Section 18.44.020.A.2.b, an executed waiver of right to protest the creation of SIDs, or other perpetual legal instrument, acknowledging that the City will not assume dedication and/or maintenance of the streets unless the street is brought up to City standards, or the property • owners have agreed to an assessment to fund improvements required to bring the street up to City standards. The developer shall record the waiver, or other legal instrument, at the time of final plat recordation, or prior to issuance of building permits if no final plat recordation is required. R: This condition is acknowledged and a copy of the executed document is included in Tab 15. • Per Section 18.44.020.A.2.c, documented proof of adequate maintenance funding and scheduling, for all private streets, shall be provided, subject to Section 18.72.030. R: See Sections 5.3 and 6.5 in Tab 10-3. Also see Tab 24 for a current cost estimate broken out by sub-phases for snow plowing for all private streets. 2. Street light locations and specifications shall be provided to the City Engineer for review and approval with the public improvements plans and specifications. R: This was included with the public improvements plans and specifications and was approved by City Engineering. See Street Lighting Plan (Tab 4) and Design Approval Letters (Tab 6). 3. Street lighting SILD information shall be submitted to the Clerk of Commission directly after Preliminary Plat approval in hard copy and digital form. The final plat will not be deemed complete until the resolution to create the SILD has been approved by the City Commission. R: We do not plan to enter into an SILD at this time. All costs associated with installation of the street lights shall be borne by the developer. Assessments shall be setup within the owner's association for maintenance and operation of the street lights (Section 5.1 of Tab 10-3). • 4. Pursuant to Section 18.42.060, front yard utility easements shall be 10 feet wide, and shall always be provided unless written confirmation is submitted to the Planning Department from ALL utility companies providing service indicating that front yard easements are not needed. R: Utility easements shall be 10' wide and located on the rear property lines of all lots as indicated on the Final Plat Drawing (Tab 2). Qwest has no intention of installing infrastructure in this phase of Baxter Meadows because of the presence of Lightnex. Confirmation from utility companies that these locations are acceptable is included in Tab 21. 5. Pursuant to Section 18.42.180, the subdivider shall ensure that a minimum of 10 percent of the net buildable acreage is dedicated to Restricted Size Lots (RSLs). The additional RSL's not identified as a single household detached dwelling units on the preliminary plat shall be designated as single household attached Restricted'Size Dwelling Units within the multi family lot, Lot 12, Block 7. R: These RSL designation were shown on the approved preliminary plat. They are also indicated on the Final Plat Drawing in the,same location (Tab 2) and on the Final PUD Plan (Tab 9). The calculation for Sub Phase 4A is as follows: 10% x 217,343 square feet (buildable acreage) = 21,734.3 square feet (equivalent to 4.35 lots at 5,000 square feet each) We are providing 10 RSL lots at 5,000 square feet each within Phase 4A for a total area of 50,000 square feet. The surplus area of 28,265.7 square feet shall be available as carryover to be used in Sub Phases 4B, 4C, and 4D. 6. Pursuant to Section 18.50.110, the developer shall install all trails/pathways. A minimum of 25 foot wide public access easement shall be provided for all trail/pathway corridors. Trail/pathway locations and specifications shall be provided to the City Engineer for review and approval with the Page 4 • 0 public improvements plans and specifications. R: All trails and pathways will be installed by the developer. An easement is shown on the Final Plat (Tab 2) of 25' for public access. In the future Sub Phases (411, 4C, 4D) the easement will be continued through these areas as shown • on the Final PUD Plan. .The specifications for trail construction are consistent with the Class IIA Trail designation of the City Parks Department, with the exception that they will be 8' in width rather than the required 6' width. 7. Notes shall be included on the plat describing ownership and maintenance responsibility for parks and/or open space, e.g.: public park, dedicated to the city and maintained by the homeowners association; and open space, public access, owned by the landowners, maintained by the homeowners association, etc. R: This note is included on the Final Plat (Tab 2) as well as in Section 5.1 of Tab 10-3 of the Owner's Association Documents. 8. Water rights, or if water rights are not available cash-in-lieu thereof, as calculated by the City Engineer is due with the final plat. R: No water rights were found for the property during a search of the DNRC's database. Cash-in-lieu is being provided in the amount indicated from City Engineering found in Tab 5. 9. A note shall be included on the plat describing park dedication for Lot 12, Block 7, e.g. park dedication requirements have been met for 8 dwelling units per acre, the equivalent of a total of 48 dwelling units; at the time of subsequent development, when net residential density becomes known, park dedication requirements shall be met for any additional density in accordance with the BMC. R: A note of the above park dedication description is included on the Final Plat Drawing (Tab 2). . 10. The Final Plat shall include a notation that due to high ground water conditions in the area full or partial basements are not recommended. Buildings proposed for construction with crawl spaces or basements shall include Engineer Certification regarding depth of ground water and soil conditions and proposed mitigation methods to be submitted with each Building Permit. R: This note is included on the Final Plat Drawing (Tab 2). 11. Applicant shall provide a soils report, along with building plans, to the Building Division, recommending types of foundations. If development shall occur in phases, the soils report may address those lots within the proposed phase. R: A soils report from previous phases that encompasses all of Baxter Meadows PUD has been submitted to the Building Division. This is included in Tab 19. 12. The final plat shall comply with the standards identified and referenced in the Bozeman Municipal Code. The applicant is advised that unmet code provisions, or code provisions that are not specifically listed as conditions of approval, does not, in any way, create a waiver or other relaxation of the lawful requirements of the Bozeman Municipal Code or state law. R: Acknowledged. 13. Final plat approval for Baxter Meadows Phase 4 Major Subdivision shall not be granted until an appropriate fire station site within the area defined in the adopted Bozeman Fire Protection Master Plan (i.e., between Flanders Mill Road and North 271h Avenue, and between Durston Road and Baxter Lane)has been secured. Subdivider shall enter into an agreement with the Fire Department whereby the Subdivider shall design, construct, and warranty, the full design section of Vaquero Lane (less sidewalk on south side of Vaquero) including a temporary cul-de-sac, and the water main extension adjacent to and along the frontage of the proposed fire. station/911 center, located at the intersection of Vaquero and Davis Page 5 Lane in the Gallatin County Regional'onal Park. The water main extension shall include a water service stub to the site as directed by the City Engineering Department. Phase 1 infrastructure plans shall include these improvements and the extensions will be made upon receiving a written request from • the City Fire Department. R: We have completed the construction of the full design section of Vaquero Lane as outlined above. A copy of the executed agreement with the Fire Department is included in Tab 20. An email from Chuck Winn showing our compliance with the condition will be sent out this week to you and will be included in Tab 20 as well. I 14. The 100-year floodplain shall be delineated for the Spring Ditch along the entire length of the subdivision. The floodplain shall be shown on the final plat. If the limits of the flooding encroach onto any proposed lots, minimum floor elevations for any structures on the lots shall be specified. R: The floodplain is shown on the Final Plat (Tab 2). It does not encroach onto any lots. 15. Per Section 18.42.060.D.4 and 18.42.080.C, stormwater shall not be discharged into irrigation ditches. One section of the preliminary plat application refers to the Spring Ditch as a Stream/Ditch, while another just a ditch. Evidence of the current classification shall be provided and the stormwater dealt with accordingly. R: The Spring Ditch is a true stream and therefore discharging stormwater into it as planned is acceptable. Please see the letter from PBS&J, our wetlands consultant, regarding the classification (Tab 11). 16. Vaquero Parkway shall be constructed -to meet the 35' back of curb to back of curb local street standard as shown in the Greater Bozeman Area Transportation Plan 2001 Update. The entire street section exclusive of the sidewalk on the adjoining properties side of the right of way shall be constructed. R: The entire street section exclusive of the sidewalk on the adjoining properties is being constructed in a phased manner. We have currently constructed the portion abutting • to Phase 4A, and also the section along the proposed 911 Center/Fire Station Site. Standard road cross sections as submitted to City Engineering with the design are included in Tab 13. 17. Warrants must be met in order to install.the three way stop control at Vaquero and C Street as stated in the preliminary plat approval. R: Acknowledged. This portion is not being platted at this time. 18. A 1' No Access Strip shall be shown on the plat along the entire lot frontage of Davis Lane and Baxter Lane. R: This is indicated on the Final Plat for Phase 4A (Tab 2) along Baxter. A similar note will be included as subsequent phases are platted along Baxter and Davis. 19. All street light poles shall be installed.a minimum of 10' from any water or sewer main or appurtenance. R: Acknowledged. This is indicated on the Master Utility Plan included in the Final PUD Plan (Tab 9). 20. Each phase of the subdivision shall have a minimum of two separate water main feeds. Single source loops created by phasing will not be allowed. R: Acknowledged. See Design Approvals (Tab 6). 21. The sidewalks adjacent to Baxter and Davis/Fowler shall be 6'wide, and shall be installed at the time the street improvements are done. R: Baxter and Davis/Fowler construction was completed in 2006. The sidewalks were installed at a 6' width at that time. • 22. The minimum right of way width that would be supported by Engineering under a relaxation request would be 55' with the proposed 31' wide street section. This would provide for 6' wide boulevards for adequate snow storage and planting area. If this relaxation is approved, the streets shall be Page 6 • privately maintained, anfshown as such on the final plat, as shall any streets that do not meet the p City's design standards (i.e. roll over curb). R: The relaxation for 55' R.O.W.was approved and is indicated as such on the Final Plat (Tab 2). 23. Water and Sewer stubs shall be provided to the lot to the west of Vaquero Parkway. R: That sub phase is not being platted at this time, and therefore infrastructure improvements have not been designed, approved or installed yet. 24. The property owners dependent on the sewage lift station shall be responsible for financing the costs of its operation and maintenance, which will be the responsibility of the City. The applicant shall agree in writing to a surcharge to cover the costs of operating and maintaining the lift station. The agreement shall be filed with the final plat and shall apply to all heirs, successors, and assigns. The agreement shall be subject to approval by the City Engineer and the City Attorney. R: A copy of the executed Lift Station Agreement is included in Tab 22. In addition to the specific conditions listed above, the final plat shall comply with the standards identified below and referenced in' the Bozeman Municipal Code. a. Section 18.78.060.M requires that the preliminary plat application be accompanied by a written statement from all relevant utility companies indicating that service can be provided. Nothing was provided from Qwest, and that letter will need to be provided with the final plat application. R: Documentation from all relevant utility companies was provided with the preliminary plat application. Qwest is not a critical utility company since Lightnex (formerly Vivid) is providing phone, internet, and television service to the subdivision. Qwest has not typically provided utility services within Baxter Meadows in light of this. See Tab 21. • b. Per Section 18.42.180, the RSL designation shall be recorded on the individual lots in a manner that will appear on a title search and include reference to the sunset provisions of Section 18.42.180. R: This designation is shown on the Final Plat (Tab 2). c. Per Section 18.44.040, all street names shall be reviewed and approved by Gallatin County and City Engineer's Department prior to final plat approval. R: Street name approvals are included in Tab14. d. Per Section 18.50.090, executed waivers of right to protest creation of special improvement districts (SIDs) for a park maintenance district shall be filed and of record with the Gallatin County Clerk and Recorder at the time of final plat recordation. A copy of the executed documents shall be submitted with the final plat. R: Copies of the executed documents are included in Tab 15. I e. Per Chapter 18.72 of the Bozeman Municipal Code, covenants, restrictions, and articles of incorporation for the creation of a property owners' association shall be submitted with the final plat j application for review.and approval by the Planning Department and shall contain, but not be limited j to, provisions for assessment, maintenance, repair and upkeep of common open space areas, public parkland/open space corridors, stormwater facilities, public trails, snow removal, and other areas common to the association. R: All of the above have been addressed in the owner's association documents and included for review in Tab 10. . f. Per Section 18.72.030 of the Bozeman Municipal Code, covenants shall include a common area and facility maintenance plan and guarantee providing for the permanent care and maintenance of all common areas and facilities, including but not limited to open spaces, recreational areas, stormwater facilities, streets, trails, community centers and parking lots. The same shall be submitted to the city Page 7 attorney and shall not be accepted by the city until approved as to legal form and effect. A draft of these documents must be submitted for review and approval by the Planning Department at least 30 days prior to submittal of the final plat. R: All of the above are addressed in Section 5.3 of Tab 10-3. g. The Final Plat shall conform to all requirements of the Bozeman Municipal Code and the Uniform Standards for Final Subdivision Plats and shall be accompanied by all required documents, including certification from the City Engineer that as-built drawings for public improvements were received, a platting certificate, and all required and corrected certificates. The Final Plat application shall include four (4) signed reproducible copies on a 3 mil or heavier stable base polyester film (or equivalent); two (2) digital copies; and five (5)paper prints. R: Acknowledged. h. Pursuant to Section 18.06.040.D.6, conditional approval of the Preliminary Plat shall be in force for not more than one calendar year for minor subdivisions, two years for single-phased major subdivisions and three years for multi-phased major subdivisions. Prior to that expiration date, the developer may submit a letter of request for the extension of the period to the Planning Director for the City Commission's consideration. The City Commission may, at the written request of the developer, extend its approval for no more than one calendar year, except that the City Commission may extend its approval for a period of more than one year if that approval period is included as a specific condition of a written subdivision improvements agreement between the City Commission and the developer, provided for in §18.74.060, BMC. R: Acknowledged. i. The applicant shall submit with the application for Final Plat review and approval, a written narrative stating how each of the conditions of preliminary plat approval has been satisfactorily addressed, and shall include a digital copy (pdf) of the entire Final Plat submittal. R: • Acknowledged. j. Stormwater Master Plan: A Stormwater Master Plan for the subdivision for a system designed to remove solids, silt, oils, grease and other pollutants from the runoff from the private and public streets and all lots must be provided to and approved by the City Engineer. The master plan must depict the maximum sized retention basin location, show location of and provide easements for adequate drainage ways within the subdivision to transport runoff to the stormwater receiving channel. The plan shall include sufficient site grading and elevation information (particularly for the basin site, drainage ways and finished lot grades), typical stormwater detention/retention basin and discharge structure details, basin sizing calculations and a stormwater maintenance plan. Any stormwater ponds located within a park or open space shall be designed and constructed to be conducive to the normal use and maintenance of the open space. Stormwater ponds for runoff generated by the subdivision (e.g., general lot runoff, public or private streets, common open space, parks, etc.) shall not be located on easements within privately owned lots. While the runoff from the individual lots will be dependent on the intensity of use on each lot, the maximum sizing of the storm retention facilities for each lot will be established based on maximum site development. Final facility sizing may be reviewed and reduced during design review of the FSP for each lot. R: The above has been included in the approved design report and drawings. The approval letters are included in Tab 6. Page 8 k. Plans and specifications and a detailed design report for water and sewer main extensions, storm sewer and the public street, prepared by a Professional Engineer, shall be provided to and approved by the City Engineer and the Montana Department of Environmental Quality. The Applicant shall • also provide Professional Engineering services for construction inspection, post-construction certification, and preparation of mylar record drawings. Construction shall not be initiated on the public infrastructure improvements until the plans and specifications have been approved and a pre-construction conference has been conducted. All plans and specification shall comply with the current version (including all addenda) of the City of Bozeman Design Standards and Specifications Policy and the City of Bozeman Modifications To Montana Public Works Standard Specifications Fifth Edition that have been adopted at the time of approval of the plans and specifications. No building permits shall be issued prior to substantial completion and City acceptance of the required infrastructure improvements unless all of the requirements of section 18.74.030.D are met to allow for concurrent construction. R: Acknowledged. Approval letters are included in Tab 6. 1. All infrastructure improvements including 1) water and sewer main extensions, and 2)public streets, curb/gutter, sidewalks fronting parks, open space, rear yard frontages or other non-lot frontages, and related storm drainage infrastructure improvements shall be financially guaranteed or constructed prior to Final Plat approval. R: Acknowledged. Approval letters are included in Tab 6. Incomplete improvements are shown on the Improvements Agreements and Estimate in Tab 8, and are financially guaranteed in Tab 7. City standard residential sidewalks shall be constructed on all public street frontages of a property • prior to occupancy of any structure on the property. Upon the third anniversary of the plat recordation of any phase of the subdivision, any lot owner who has not constructed said sidewalk shall, without further notice, construct within 30 days said sidewalk for their lot(s), regardless of whether other improvements have been made upon the lot. This condition shall be included on the final plat for the subdivision. R: These improvements have been financially guaranteed (Tabs 7,8) and a note is included on the Final Plat Drawing (Tab 2). in. The location of existing water and sewer mains shall be properly depicted. Proposed main extensions shall be noted as proposed. R: This was included on the approved design report and plans. The approval letters are included in Tab 6. n. The Montana Fish, Wildlife and Parks, SCS, Montana Department of Environmental Quality and Army Corps of Engineer's shall be contacted regarding the proposed project and any required permits (i.e., 310, 404, Turbidity exemption, etc.) shall be obtained prior to FSP approval. R: Fish, Wildlife and Parks was contacted and performed a site visit and copies of all necessary permits are included in Tab 11. o. Ditch relocation: a. The Montana Fish, Wildlife and Parks shall be contacted by the Applicant regarding the proposed relocation and any required permits (i.e., 310, 404, Turbidity exemption, etc.) shall be obtained prior to FSP approval. R: Fish, Wildlife and Parks was contacted and performed a site visit and copies of all necessary permits are included in Tab 11. b. The Applicant shall comply with all parts of section 18.42.060.D for any ditch relocation. R: Acknowledged. Page 9 P. Easements for the water and sewer main extensions shall be a minimum of 30 feet in width, with the utility located in the center of the easement. In no case shall the utility be less than 10 feet from the edge of easement. R: Acknowledged. This is indicated on the Master Utility Plan within the Final PUD Plan (Tab 9). q. Project phasing shall be clearly defined including installation of infrastructure. R: This is included i within the Final PUD Plan (Tab 9). r. The developer shall make arrangements with the City Engineer's office to provide addresses for all individual lots in the subdivision prior to filing of the final plat. R: Addresses have been assigned and are included in Tab 12. . s. The applicant shall submit a construction route map dictating how materials and heavy equipment will travel to and from the site in accordance with section 18.74.020.A.1 of the Bozeman Municipal Code. This shall be submitted as part of the final site plan for site developments, or with the infrastructure plans for subdivisions. It shall be the responsibility of the applicant to ensure that the construction traffic follows the approved routes. R: Acknowledged. A preconstruction meeting was held prior to commencement of work. t. All construction activities shall comply with section 18.74.020.A.2. of the Bozeman Municipal Code. This shall include routine cleaning/sweeping of material that is dragged to adjacent streets. The City may require a guarantee as allowed for under this section at any time during the construction to ensure any damages or cleaning that are required are complete. The developer shall be responsible to reimburse the City for all costs associated with the work if it becomes necessary for the City to correct any problems that are identified. R: Acknowledged. • u. All proposed private utilities to serve the subdivision shall be shown on the public infrastructure plans and specifications. R: Acknowledged. Once the Findings of Fact and Order have been approved and signed, the original and a copy will be forwarded to you for your files. Please Note: The City of Bozeman has adopted impact fees as part of its development regulations. The impact fee program is contained in Chapter 3.24, Bozeman Municipal Code. The program includes standards and procedures for seeking City participation in funding capacity expanding infrastructure. Failure to comply with the standards and procedures specified in Chapter 3.24, BMC will automatically dis uali a project from possible impact fee funding regardless of other qualifying characteristics. Please feel free to contact me at 586-5266 if you have any questions. Sincerely, Lanette Windemaker, AICP • Contract Planner Cc: PC Development, 3985 Valley Commons Drive, Bozeman, MT 59718 Page 10 June 19, 2007 Baxter Meadows Development, LP 1500 Poly Dr., Ste. 300 Billings, MT 59102 RE: Baxter Meadows PUD Phase 4 Preliminary Plan#Z-07049 Baxter Meadows PUD Phase 4 Major Subdivision Preliminary Plat #P-07011 Dear Jerry: At its June 18, 2007, public hearing, the Bozeman City Commission voted unanimously, 5-0, to conditionally approve the Baxter Meadows PUD Phase 4 Preliminary Plan. Regarding the Baxter Meadows PUD Phase 4 Preliminary Plan, the Planning Director hereby grants approval contingent upon satisfactorily meeting the following conditions: 1. Due to topography, the presence of critical lands, access control, and adjacency to open space, block lengths may exceed 400 feet but may not exceed 1, 087 feet, and shall not exceed 600 feet without a 30 foot right of way with pedestrian walkway. R: Acknowledged, see Final Plat Drawing (Tab 2). 2. Due to separation of residential development from traffic arterials and to overcome specific disadvantages of topography and orientation, block widths may be less than 200 feet or more than 400 feet in width. R: Acknowledged, see Final Plat Drawing (Tab 2). 3. Per Section 18.42.040, a right-of-way for a pedestrian walk, not less than 10 feet wide, shall be required in Lot 12, Block 7 in alignment with the pedestrian walk bisecting Block 8 and extending'across the spring ditch to intersect with the trail on the west side of the spring ditch. Unless the pedestrian right-of-way is a minimum of 30 feet wide, the setback adjacent to it shall be a minimum of 15 feet. R: A thirty foot (30') wide pedestrian corridor has been provided in Lot 12 of Block 7 in accordance with the above. A start point at the east aligned with the pedestrian corridor bisecting Block 8 and an end point to the west connecting to the north- south trail in the open space is indicated on the Final P.U.D. Plan (Tab 5). The exact horizontal alignment of the thirty foot wide pedestrian corridor shall be determined at the time of Individual Site Plan Review for that lot. 4. In keeping with the previous approved residential subdivisions within the Baxter Meadows PUD, street light pole heights may be 17.5 feet within the interior of the subdivision. Street light pole heights at interior street intersections with Vaquero Parkway shall be 20 feet. R: Acknowledged, see Street Lighting Plan (Tab 9). 5. The corner side yard (front yard) setback of Lots 1 & 9, Block 3 and Lots 10 & 20, Block 4 may be 10 feet. R: Acknowledged, see Building Guidelines and Setback Table (Tab 10). 6. A community center that is intended for use solely by the residents of this development, and privately or jointly owned, is an accessory use, and as such would not be subject to Section 18.40.210. Lot 11, Block 7 shall be designated for a community center for the sole use of the residents of the development on the final plat, final PUD plan and in the covenants. The community center shall be subject to site plan review in accordance with the BMC. R: This designation is shown on the Final P.U.D Plan (Tab 5).and in Section 1AT of the Covenants (Tab 4-3). When that sub-phase is platted it will have the same description on the plat. 7. The lots along Baxter Lane and Davis Lane shall have double-front architectural features facing those roads as found on the front of the dwellings units, for example; covered porches, varied roof lines,multiple fagade materials, varied fagade plane, and decorative lighting. These architectural requirements shall be addressed and demonstrated in the covenants/development guidelines. R: This is addressed in Sections 4.1A and 5.14A of the Design Guidelines (Tab 4-4). Examples of the architecture to be used are in included in this section. 8. Fences located in the side or rear yard setback of properties adjacent to any park or • open space shall not exceed a maximum height of 4 feet, and shall be of an open construction. This requirement shall be addressed and demonstrated in the covenants/development guidelines. R: Fencing on all lots will be limited to four feet (4') in height and will be limited to a small portion of the rear or side yard. This is depicted in Section 7.7 of the Design Guidelines (Tab 4-4). 9. The development guidelines shall include thumbnail sketches to demonstrate architectural requirements. R: Acknowledged, see Section 4.2A and 4.2D of the Design Guidelines (Tab 4-4). 10. The owner shall executed and submit documents the following prior to final plan approval: a. A certification of completion and compliance stating that they understand any conditions of approval and the submitted final site plans or master site plan have complied with any conditions of approval or corrections to comply with code provisions per Section 18.34.130.B. b. A statement of intent to construct according to the final site plan. Such statement shall acknowledge that construction not in compliance with the approved final site plan may result in delays of occupancy or costs to correct noncompliance per Section 18.34.130.C. c. A certification that it is their intent to comply with the requirements of the Bozeman Municipal Code and any conditions considered necessary by the approval body. • R: A copy of the signed Conditional Use Permit is included in the front pocket of this application. 11. That the right to a use and occupancy permit shall be contingent upon the fulfillment of all general and special conditions imposed by the conditional use permit procedure pursuant to Section 18.34.100.C.1 of the Bozeman Municipal Code. R: We acknowledge all special conditions and will comply with them. A copy of the signed Conditional Use Permit is included in the front pocket of this application. 12. That all of the special conditions shall constitute restrictions running with the land use, shall apply and be adhered to by the owner of the land, successors or assigns, shall be binding upon the owner of the land, his successors or assigns, shall be consented to in writing, and shall be recorded as such with the County Clerk and Recorder's Office by the property owner prior to the issuance of any building permits, final site-plan approval or commencement of the conditional use pursuant to Section 18.34.100.C.2 of the Bozeman Municipal Code. R: Acknowledged, see Conditional Use Permit in front pocket. 13. The final site plan shall comply with the standards identified and referenced in the Bozeman Municipal Code. The applicant is advised that unmet code provisions, or code provisions that are not specifically listed as conditions of approval, does not, in any way, create a waiver or other relaxation of the lawful requirements of the Bozeman Municipal Code or state law. R: All code provisions have been met and are included on the Final P.U.D. Plan included in Tab 5. 14. The open space landscaping plans shall exceed the standards of Chapter 18.48, similar to that demonstrated in Alternative C. The applicant should consider revising Alternative C to include seating along the.trail system and additional planting to break up the grassed areas adjacent to Baxter Lane. R: Please see the Open Space Landscaping Plan included in Tab 3. We have taken Alternative C and added several benches along the trail system. We have also placed trees throughout the grassed areas along Baxter Lane. In addition to the specific conditions listed above, the final plan shall comply with the standards identified below and referenced in the Bozeman Municipal Code. a. Per Section 18.74.030.D, the applicant must submit twelve(12) copies of a j Concurrent Construction Plan that addresses all aspects of this section to the Planning Department for DRC review and Planning Director approval before concurrent construction may be approved. R: We are not applying for concurrent construction at this time. b. Per Section 18.48.020, planned unit development landscaping plans shall meet or exceed the standards of Chapter 18.48. R: Acknowledged, see Open Space • Landscaping Plan (Tab 3). • c. Per Section 18.36.090.E, the applicant shall document the provision of twenty performance points. A table showing the computed PUD open space shall be included on the final plan. R: This is included on the Final P.U.D. Plan (Tab 5). d. Per Section 18.36.060, the applicant must submit seven (7) copies a Final PUD Plan within one (1) year of preliminary approval containing all of the conditions, corrections and modifications to be reviewed and approved by the Planning Department. Seven-copies of the Final P.U.D. Plan have been submitted. e. The applicant shall submit with the application for Final Plan review and approval, a written narrative stating how each of the conditions of preliminary plan approval has been satisfactorily addressed. R:Acknowledged. y . • !� a ® © o 0 [:) MATCHLINE 2/IR3 MATCH LINE5/IRS 4'0 I� .t ENE J. _ _ _ - - _ L _ - 1 - - ARP -- - - -- C •C O.4` .5" I.I f\ 11j/_ f MATCHLINE I/IR3 - - UUU jIj tl - 4 1 L z3 __ _ 1• — — —— — — MATC.HLINE 2/IR3 i li — I _ 4.K'/1 40 (J ,.o I CRW li z�.e i ,. "C„ STREET ,. 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I \ SHEET 5EE FLOW SENSOR WIRING DETAIL FOR WIRING DIAGRAM.CONCENTRIG REDUCER 'T V4 MATGHLINE 3/IR2 MASTER VALVE & FLOW SENSOR I MATGHLINE 2/IR2 71 E/ - MATGHLINE IpR3 3 - - - P IRRIGATION PLAN '° ° °° IR2 NOT TO SCALE MATGHLINE 4/IR2 I s � .o — SCALE 1"=20'-0" �T 0 b 0 0 b 0 A A A A A © A A BAXTER LANE �P RIECK - I t J `',', E S •\��p`� 1.0 1.0 ,.5 1A E 1.5 I �i C t.a 1S// IA i 1S 1.5" I.s I 1 1.a I 1Sa 5 % \ l I APE..A•�\\`\. �) l r 1 ` p /I/111111„�� CRW IL DESIGNED BY : A I n 1\'yI T�I 14t .a 1.. ,_ .5 ,.a DRAWN BY 0 Lu s , 1 JJR I ------------- - ---------F--- 2" � J CHECKED BY --SD—:,- <�--.��\ S SD _ ���- _ ., _ ,� 08/27 p SD - I 4cU.�, SD 51.5�. \ ) ----------------- - -=---I --- DATE /07 1r-f 1 s s 06034, w lal I�11 l 1 L I.a I•e ,.a -- u/ iJ ,.a ,A s t.a I,� _ PROJECT NO_ a 060341R.DWG A 1" ,.b c o 1 ! - ti �o IB � 3B 5 d4 5B 6B 7B 8B — I I 23.1 9 9 FILE NO. U IR7 213 8.0 13.0 20.9 12.6 PGJ ZONE 1t.o 1.0 W C� u 1"0 I I QUO I I ,.° ,.a s.a 3 0 + 3.0 llkl cl . 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NETAFIM TLGV4 IS OR AYPPROVED EQUAL ZONE STATION NUMBER DRIP 20NE STATION NUMBER MP ROTATOR ZONE STATION NUMBER SHEET CONTROLLER LETTER CONTROLLER LETTER CONTROLLER LETTER 29.6 GALLONS PER MINUTE(GPM) 60 GALLON5 PER HOUR(GPH) 29 GALLONS PER HOUR(GPM) 's MATGHLINE I/IRI /� II e e,., �\ I.5—NOZZLE NUMBER S DETAIL NUMBER D II l i MATCH LINE I/IR4 �•�S° —r \`I-''� t o \ \\\ IRRIGATION PLAN i—IRRIGATION HEAD Ag,l SHEET NUMBER I R1 1 � � o zo SCALE 1"=20'-011r 0 0 0 0 0 0 0 0 0 a 0 0 '3M'DBY WATERPROOF CONNECTORS OR EQUAL RECTANGULAR VALVE BOX ,}�`it NE J•••• FINISH GRADE/TOP OF U RIECK •' LOGKIN6 INSERT FITTING MULCH FINISH GRADE/TOP OF MULCH PRESSURE REGULATING FINISH GRADE - 4 ; TOP OF MULCH \ MODULE ,I I—III—III—III' %�•• `�/ q• c PRESSURE COMPENSATING REMOTE CONTROL VALVE I—III—III GEAR DRIVEN ROTARY '��ye i• E ��`ti''\�`� b"POP-UP SPRAY HEAD IN-LINE EMITTER TUBING PVC 5GH 80 NIPPLE(CLOSE) -III—III= I III' III I III TO GRADHEA0 AS E WHEN SET TURF �iscAPelliR`�`` W/ADJUSTABLE RADIUS TIE DOWN STAKE NOZZLE OR MP ROTATOR PVC SGH 40 ELL I—I I I—III III—III—III—_I NOZZLE IS ESTABLISHED SWING PIPE,12-INCH LENGTH PVG SGH 50 NIPPLE(LENGTH -III—III—I I I—III—III—III CRW a Yz"MALE NFT X.4-10 INCH BARB - _ _ - - I AS REQUIRED) I—III—III I I I—III—III i DESIGNED BY Z < ELBOW _ - - o BLOCK(I OF 4) III—III—I I I—III—III— p0o °go°o�8°a, 'I —I cRw O PVC 5GH 50 NIPPLE(2-INCH I I 1—III-1 11- SGH&0 UNITIZED PVG DRAWN BY O LENGTH,HIODEW AND SGH 40 PVC 5GH 40 TEE OR ELL \/ ELL ''—' 'II I SWING JOINT,12"L£N6TH Z n��� PVC SGH 40 TEE OR ELL CHECKED BY P/C LATERAL PIPE 45°MAX. PVC LATERAL CHECKED a PVC 50H 40 MALE ADAPTER PIPE 08/27/07 O Yz"MALE NPf X.490 INCH BARB PVG LATERAL PIPE DATE ~ ELBOW PVG MAINLINE PIPE N Y DEPTH,%"WA5HED 06034 ROCK 51-H 40 PVC TEE PROJECT NO. d POP-UP SPRAY HEAD IN LINE DRIP IRRIGATION ELECTRIC CONTROL VALVE ROTOR HEAD OR ELL FILE NO- NOT N 1 NOT TO SCALE NOT TO SCALE NOT TO SCALE 4 FILE NO. NOT TO SCALE U a a Ah;. Z 3Z�s PVC 5GH 40 ELL , ¢0�O PVC,5GH 50 NIPPLE p•, .0 E a PVC,SCH 40 COUPLING FINISH GRADE WATERPROOF CONNECTIONS FINISH GRADE RECTANGULAR VALVE BOX QUICK COUPLING VALVE IN A ROUND - -_ OR RECTAN TOP OF MULCH OR FINISH RECTANGULAR VALVE BOX - dZ=- GRADE VALVE BOX AS I I—III—I AIR d VACUUM SPECIFIED SCHEDULE 50 PVG THREADED m o PVC 5GH 80 NIPPLE RELEASE NIPPLES;LENGTH AS REQUIRED III I -III—III RECTANGULAR VALVE 5 VALVE LINE SIZE GATE VALVE, _ _ I I—III—I PVC SGH 80 UNION FOR AS SPECIFIED SCHEDULE 40 PVC III _ -III—I I I- 3"MIN. 5ERVIGING A55Y. FITTINGS,TYPICAL �{. PVG SGH 40 MALE ADAPTER 2"X4"THREADEDI—III_ FIN.GRADE 3"MIN.DEPTH OF%ll MINU5 NIPPLE,LINE SIZE MAINLINE —III -III -III—I I I WASHED ROCK PIPE _ BLOCK(I OF 4) 2"X2"X2"5XSXMIPT TEE I I III—III III—III = g I I—III f LINE SIZE BALL °� o SGH 40 PVC UNION I I--III=III= I I I=III=III = =III=1 i VALVE,sic SPECIFICATIONS INLINE PRESSURE REGULATOR — REMOTE CONTROL VALVE MAIN LINE PIPE MAIN LINE ^^ INLINE WYE FILTER 1-� 1--I 7� BALL VALVE ogmg$ooQ?„ogoo � z PVC,MAINLINE CONCRETE-THRUST oo eoe�Oe PVC 5CH 40 TEE OR ELL BLOCK b"DEPTH WASHED d/i' a SCHEDULE SO PVG 5GH 60 NIPPLE(2-INCH LENGTH ROCK PVC UNIONS 'v^, HIDDEW AND PVC,SGH 40 ELL DRIP ZONE CONTROL AIR RELEASE VALVE QUICK COUPLING VALVE ISOLATION BALL VALVE U O O 5 NOT TO SCALE NOT TO SCALE NOT TO SCALEloll ROUND V NOT TO SCALE uU WI W W VALVE BOX F QI O 3"MIN. U W x � pq B'MIN. ��!/� ��%/�•�� F-:•1 h+••� d /WASHED AGGREGATE FINISH GRADE COMPACTED ��/ WA TAPE d BUNDLE ALL WIRING AT 10 FT. INTERVALS.MAKE ALL SPLICES IN VALVE WELL GAP CJ) SOIL EDGE OF TREE ROOT BALL OUTER RIN6 POP,TREES ONLY BOXES€LOCATE ON AS-BUILT PLANS. 0 PVG UNION 1 EDGE OF SHRUB TIE A LOOSE 20 FT.LOOP IN WIRING AT 1I--1-4 4"PVC,RISER MAIN LINE W/I" TIE DOWN STAKE CONDUIT ALL CHANGES IN DIRECTION GREATER DIRECT BURY LENGTH A5 �\�C ROOT BALL _ - FINISHED QUICK COUPLER REQUIRED THREADED TEE ON �� �� SECTION THAT 30 DEGREES. UNTIE ALL LOOPS SECTION GRADE WATER WELL j BOTTOM / IN-LINE DRIP NBIN6 AFTER MAKING CONNECTIONS. JUMBO VALVE SOX CASING WITH PRESSURE INSTALL ALL 120V.WIRING IN CONDUIT. 4t-OP SUPAC 4NP / PRESSURE GAUGE CLOTH,TURN � COMPENSATINS PLACE ALL WIRING UNDER PAVEMENT ANDTIEAT ENDS � � / �� EMITTERS THROUGH 5LEEVE5 IN CONDUIT. (� CONTRACTOR HAS THE OPTION TO DROP PIPE TO TRENCH OR PULL P.E.DRIP LATERAL( I SUBMERSIBLE ( TREE/SHRUB TRUNK CONDUIT LINES,PROVIDED A MINIMUM COVER DIRECT&JRY PLAN PUMP \\� � �, OF 10' GAN BE GUARANTEED. IRRIGATION O PVC 5GH 80 I , / FINISH GRADE FINISH GRAD MAIN LINE FITTIN65€5GH BO N QQQCCC �'/ \ ��-� INNER RING FOR BOTH LATERAL LATERAL POWER GABLE. PROVIDE J �OV ' I'GATE \ / TREE5 AND SHRUBS - 230V,SINGLE PHASE POWER H- �`�/�nOo(J /j // VALVE \ / MAINLINE SECTIONS FROM METER LOCATION �� (l0((�� Omu� \�\�\ \��� � GOMPRE5510N TEE BEDDI !` SNAKE ALL a PROVIDED BY NW ENERGY W N \;\ dam O�(\ \ 120V WIRE LATERAL PIPE '"� y _q d�� /�\/' 1� RY WELL YWMIN. GY -I/4"POLYETHYLENE TUBING IN CONDUITU IN TRENCH g�ooQo q,o 00 ,WIT! .,�o� ooMo B CONCRETE THRUST I--I �n�Oo((��� �o "/������,F�11-11/�2""WASHED CStK ec$ o ��e ,QC}�� � - BRONZE GHEGK e ��y'bb \�\ NOTE:USE ONE RIN6 OF IN-LINE DRIP TUBING AROUND LINE S'OF 3/4" 3/4"BOILER TO PITLE55 SHEET \\ \ X SHRUBS AND TWO RINGS OF INLINE DRIP TUBING AROUND PLANS VALVE ADAPTER SIZE MINUS WASHED DRAIN VALVE BALL ROCK VALVE 9 MAIN LINE DRAIN O IN-LINE DRIP FOR NATIVE AREAS 1 TRENCH & BEDDING POINT OF CONNECTION - WELL IR7 NOT TO SCALE SCALE ill=20'-0" NOT TO SCALE NOT TO SCALE 0 0 0 0 O O O O O O O O \ y a IRRI6�4TION NOTES ENE w n — ' I. CONTRACTOR SHALL MAKE HIMSELF AWARE OF LL 10. ZONES m24B AND m25B ARE MP ROTATOR SPRAY HEAD �4CK — _- _ _ _ _ _ _ _ _ - _ _ _ � � _MATGHLINE IRS _ EXISTING AND PROPOSED SITE CONDITIONS,INCLUDING ZONES. SET PRESSURE REGULATOR FOR THESE ZONES TO W -� (r �) MATCHLINE I/IR6 PLANTING,GRADING,BUILDING CONSTRUCTION,WATER 1-51 FROM THE VALVE. DEVELOPMENT,AND SUPPLY,PRIOR TO COMMENCEMENT OF IL LOCATE SPRINKLER HEA125 TO MINIMIZE OBSTRUCTIONS THAT �'Oyas•F��,@�'�~4`��` / ( o X X \ WORK. NOTE ANY SLEEVES AND IRRIGATION STUB5 FOR / WILL LIMIT RADIUS OF COVERAGE,CAUSE DRY SPOTS,OVER FUTURE WORK. SPRAY ON BUILDINGS,STRUCTURES,PAVEMENTS OR OTHER ��itliilltt��� 2. CONTRACTOR SHALL LOCATE AND PROTECT ALL WATER DAMAGE. o X((� ( UNDERGROUND UTILITIES,CONDUITS,AND STRUCTURES AND 12. CONTRACTOR SHALL BE RESPONSIBLE FOR THE LOCATION, U ' SHALL ASSUME RESPONSIBILITY FOR ANY DAMAGE INCURRED. MOUNTING AND 120 V.POWER SUPPLY TO THE CONTROLLER AND CRW d J� 3. THE IRRIGATION CONTRACT INCLUDES SUPPLYING AND CONNECTION TO WATER SOURCE TO MEET FIELD CONDITIONS. DESIGNED BY Z j ❑ O 1' `� INSTALLING ALL MATERIALS AND EQUIPMENT FOR A COORDINATE INSTALLATION WITH OWNERS REPRESENTATIVE AND 0 \1 COMPLETE,AUTOMATIC,IRRIGATION SYSTEM. ANY ITEMS OTHER TRADES. CRW co - �/� \ d3A REQUIRED TO CONFORM WITH SUCH INTENT ARE CONSIDERED IB. CONTRACTOR SHALL BE RESPONSIBLE FOR FINAL BALANCING Lu 0 ( O 1 DRAWN BY cn /�, \\ ` t ]s TO BE INCIDENTAL TO THE WORK. AND OF COMPLETE IRRIGATION SYSTEM,INCLUDINGcn \/ ) 4. THE IRRIGATION PLAN IS SCHEMATIC.FIELD MEASURE ALL ROTORSRS,,SPRAYS zYS AND DRIPLINES. JJR tt DIMENSIONS,EXISTING,AND PROPOSED CONDITIONS,AS 14.NO SUBSTITUTIONS WILL BE ALLOWED WITHOUT WRITTEN aa FJ CHECKED BY J \ \ Id7A \ J °° tt REQUIRED TO PROVIDE COMPLETE AND OPERABLE SYSTEMS. CONSENT FROM THE LANDSCAPE ARCHITECT. B. — S✓ t t rR7 5. DO NOT WILLFULLY INSTALL THE SYSTEM WHEN OBVIOUS m.SEE THE SPECIFICATIONS AND DETAILS FOR FURTHER 08127l07 U 0 OBSTRUCTIONS,GRADE CHANGES AND SITE GEOMETRY EXIST. H 1 4 S REQUIREMENTS. DATE i� SUCH DIFFERENCES SHALL BE REPORTED TO THE OWNERS Y REPRESENTATIVE. IN THE EVENT NOTIFICATION IS NOT MADE, 16.SYSTEM WAS DESIGNED ON THE AVAILABILITY OF 60 P51 AND 06034 a // THE CONTRACTOR SHALL ASSUME ALL RESPONSIBILITY FOR 33 GPM AT THE POINT OF CONNECTION. CONTRACTOR SHALL W \ / ( U \'I r ANY NECESSARY REVISIONS. VERIFY AVAILABILITY AND COMPATIBILITY WITH THE WATER PROJECT NO. IL ^yam 6. CONTRACTOR SHALL REFER TO LANDSCAPE AND UTILITY `�OURGE. o PLANS WHEN LAYING OUT HEAD PLACEMENT AND TRENCHING. 11. ALL DRIP LATERALS SHALL BE BURIED TO HAVE A MIN. O6D34_IR.DWG N '7. ALL IRRIGATION INSTALLATION SHALL CONFORM TO COVER OF 10"DEPTH. ALL DRIP TUBE SHALL BE AT SURFACE FILE NO" LOCAL CODE5. UNDER FABRIC AND MULCH OR BURIED AT 4"DEPTH COVER OVERPIE IN LANN AAS. U 10 O/ 8. PROVIDE DRIP IRRIGATION TO ALL TREES AND SHRUBS 16P SET VALVE�PRESSURE REGULATORS TO OPERATE SPRAY / l I\ o — \ SHOWN IN NATIVE SEED AREAS. HEAPS AT 30 P51 AND ROTOR HEADS AT 40 P51. z II0 / q. SLOPE MAINLINES TO DRAIN. 0 IRRIGATION CONTROLLER V8 I ` \ 120V OUTLET A H N OV (y 0 RUMP CONTROL BOX METER MAIN BY ELECTRICAL �j�y, u 3< g D D �2 ttt \ I \ / ELECTRICAL METER,BY ' X� \ \ POWER COMPANY Q F w \ \ X PUMP START RELAY LOCKABLE METAL NEMA O ENCLOSURE,WEATHER TIGHT; HEIGHT AS FER CODE REQUIREMENTS tt tt \ \ , ttt II rn 1, 0 1 ELECTRICAL CONDUITS V FINISH GRADE ,s9 WELL PUMP PANEL �I NOT TO SCALELU W W W it __ ° r Yy �l O ( IR7 \o \ 5/4"PVC,5GH 40 UNION F M i FFF��411 h++ e° � 4 C 5/4"PVC,50H 40 EL(I OF 2) ^ ELECTRIC CONTROL VALVE \\\\ e °°° °°°° •°° rr .�� ( X X \ \ � ' ` �'—� VALVE BOX W/GOVER a J_ • o \ p 1 \ / / FINISH GRADE If 3/4"YVG (I 40 REDUCING MALE ADAPTER(I OF 2) PVC,PIPE TO DISCHARGE TO A SINGLE RAINBIRD MAXI-PAW a ,) is y1r� // 2045A-SAM HEAD ° to �. 1 1 /` GRAVE DEPTH OF 3/4 INCH WASHED z 5A \ ( 3/4 INCH PVC,PIPE(3-INCH LENGTH) z IR7 O—t W 27.9 3 o\ Y-FILTER E-{ IRRIGATION MAIN LINE O \� t + i LO I"7 1 s to 1 i -� a s " 1 4A NOTE: AUTOMATIC FILTER KIT IS COMPRISED 1-1/2'T VG SGH 40 MALE ADAPTER e 29 8 OF Y-FILTER,REMOTE CONTROL VALVE,3/4" to 6 8 UNION,(2)3/4`ELLS AND I"X3/4"REDUCING MALE LU1....1 Iv -�.l..n-� '"ice. s t �r � / IR7 ADAPTER V r ' `� 3 AUTOMATIC FILTER KIT am 13 NOT TO SCALE � ta. 4 I"ts t a SHEET \\ a•"xm 2 I, %' ,�;.,,,w is ^ IRRIGATION PLAN 1 --- _ 0 0 0 0 0 0 7U-- 0 b O O O O 0 O O �� X ❑ I' ` X ° � o x ❑ ❑ o .. .....� Ptu inU rr T 4 /^ I r�O 1 ❑ •., x ❑ -3• ±lit x \ / X X// I clrc z -�:��. � r W—W W�W , � w \ x _ x ,� ❑ / ��/ /� \�/J r U _ 0 � /.� I ZI Z irrr APEIIIIpp�\\`\ C ° Q �C� r �x �� 7 z CRW \ .` ( X \�j U / \ ° �- X fI f .l CONTROLLER A < DESIGNED BY ❑ / ��� 0- 0«- ° 7 � DRAWN BY , JJR \ I / �` \ \� ❑ Q CHECKED Z CHECKED BY ❑ IA () 1 a 08/27/07 O � 11�✓ \// 1 ttDAIE 06034 Y ° 10. a MATOHLI IA ._ _ .._..._ _ _,.._. ,=was.. MATGHLINE A \. / ^� !+ ..^� `� ` t �iu _._'?"r°"' + D6034 IR.DWG PILE NO. g U PLACE ISOLATION VALVES IN BOULEVARD "C,1 STREET o .,V ° ° � t ° t 33.3 p'c'7 -o • �. 1 000 00ll •°•O see � - ��V °1 �_.�_ z o O i �� e° •°° J °°°s •°°° x U O O e°° e• w EL I\LJf vt °4 p °°• \ r �� � � rFT,I A e °e e r ° 7 e• 1 /I ••e 10 - a IR7 �° ❑ eo \o/ ~ 0-4 I/- 0 AI rz to IJ\/ / \ rn SHEET �\ 4 oe• _ MATGHLINE I/IRS _ _ _ _ _ _ / — __ _ _ _ --__ _ _ _ \ _ — — — _i \ i ATGHLINE I/IRS � .- �d • MATOHLINE IARb \ \ ,./`\ /-`� /..... -- (O TGHLINE I/IRb 1 I GATION- LAN IR5 b o m SCALE 1"a 20'-0" 0 0 0 0 0 0 0 0 Q 4 4 Q Q DRAFT PLAT OF BAXTER MEADOWS SUBDIVISION, PHASE 4A A PARCEL OF LAND BEING LOT 3 OF MINOR SUBDIVISION NO. 400 LOCATED IN THE NE 1/4 OF SECTION 3, T2S, R5E P.M.M. CITY OF BOZEMAN, GALLATIN COUNTY, MONTANA TOTAL AREA: 47.613 ACRES CERTIFICATE OF DEDICATION I (we), the undersigned property owner(s), do hereby certify that I (we) have caused to be surveyed, subdivided and platted into lots, blocks, CERTIFICATE OF SURVEYOR streets, and alleys, and other divisions and dedications, as shown by the plat hereunto included, the following described tract of land, to—wit: I, the undersigned, Steven C. Anderson, Professional Land Surveyor, do hereby certify that on or between March 16. 2007 & August 30, 2007, the PLAT OF BAXTER MEADOWS SUBDIVISION, PHASE 4A was surveyed by me or under my direct supervision, and platted the some as is described and shown on the accompanying plat or certificate of survey in accordance with the provisions of DESCRIPTION: the Montana Subdivision and Platting Act, §76-3-101 through 76-3-625, M.C.A., A parcel of land being Lot 3 of Minor Subdivision No. 400, located in the Northeast and the Bozeman Municipal Code. Quarter of Section 3, Township 2 South, Range 5 East, Principal Meridian Montana, City I further certify that all monuments will be set upon or prior to of Bozeman, Gallatin County, Montana. completion of construction or when reasonable weather—reloted site conditions exist, but no later than May 31, 2008. The described parcel contains 47.613 acres, more or less, and is along with and subject I to any existing easements. CERTIFICATE OF COMPLETION OF IMPROVEMENTS I, Michael E. Potter, President and I, Thomas L. Clinton,"Vice President, both of Potter Clinton Development, Inc., and I,'Keith E. Waring, a registered Dated this_day of 200 The above described tract of land is to be known and designated us professional engineer licensed to practice in the State of Montana, hereby PLAT OF BAXTER MEADOWS SUBDIVISION, PHASE 4A, City of Bozeman, certify that the following improvements, required to meet the requirements of even C. Anderson Gallatin County, Montana; and the lands included in all streets, avenues, this title or as a condition(s) of approval of the PLAT OF BAXTER MEADOWS Montana License No. 12251 LS alleys, and parks or public lands shown on said plat are hereby granted SUBDIVISION, PHASE 4A have been installed in conformance with the approved and donated to the City of Bozeman for the public use and enjoyment. plans and specifications, or financially guaranteed and covered by the Unless specifically listed herein, the lands included in all streets, avenues, improvements agreement accompanying this plat. alleys, and parks or public lands dedicated to the public are accepted for public use, but the City accepts no responsibility for maintaining the Installed Improvements: water, sewer and stormdrain infrastructure, base course , some. The owners(s) agree(s) that the City has no obligation to maintain and cushion gravel, curb and gutter and asphalt street improvements. the lands included in all streets, avenues, alleys, and parks or public lands hereby dedicated to public use. The lands included in all streets, Financially Guaranteed Improvements: Landscaping, streetlights, public and avenues, alleys, and parks or public lands dedicated to the public for private sidewalks, street signage, striping and detention pond work. which the City accepts responsibility for maintenance include: BAXTER CERTIFICATE OF COUNTY TREASURER LANE. The subdivider hereby warrants against defects in these improvements for a period of two years from the date of acceptance by the City of Bozeman. The I, Kimberly Buchanan, Treasurer of Gallatin County, Montana, do hereby The undersigned hereby grants unto each and every person, firm or subdivider grants possession of all public infrastructure improvements to the City certify that the accompanying plat or certificate of survey has been duly corporation, whether public or private, providing or offering to provide of Bozeman, and the City hereby accepts possession of all public infrastructure examined and that all real property taxes and special assessments telephone, electric power, gas, internet, cable television or other similar improvements, subject to the above indicated warranty. assessed and levied on the land to be subdivided have been paid. utility or service, the right to the joint use of on easement for the Dated this_ day of , 200 construction, maintenance, repair and removal of their lines and other facilities in, over, under and across each area designated on this plat as "UTILITY EASEMENT" to have and to hold forever. By: Michael E. Potter Date: Deputy Ireasurer By: Thomas L. Clinton Date: Dated this_ day of , 200 Owner., BAXTER MEADOWS WEST, LLC By: Montana Uc. No. 15161 PE Date: By: POTTER CLINTON DEVELOPMENT, INC.,THE MANAGING MEMBER OF BAXTER MEADOWS WEST, LLC By; Director of Public Service Date: CERTIFICATE OF EXCLUSION FROM MONTANA DEPARTMENT OF ENVIRONMENTAL QUALITY REVIEW Michael o er, rest en omas L. Clinton, Vice President The PLAT OF BAXTER MEADOWS SUBDIVISION, PHASE 4A, Gallatin County, Montana, is within the City of Bozeman. Montana, a first—closs municipality, and within the planning area of the Bozeman growth policy which was adopted pursuant to §76-1-601 et seq., MCA, and can be provided with adequate storm water drainage and adequate municipal facilities. Therefore, under the provisions of STATE OF MONTANA CONSENT OF MORTGAGEE(S) §76-4 125(2rt(m)e MCA, his s bdivisi Quality isreview.xcluded from the requirement for MontanCounty of Gallatin I (we), the undersigned mortgagee(s) or encumbrancer(s), do hereby join in and Dated this_ day of , 200 . On this day of 20 , before me the undersigned consent to the described plat, releasing my (our) respective liens, claims or encumbrances as to any portion of said lands now being platted into streets, Notary Public for the State of Montana, personally appeared Michael E. Potter, avenues, parks, or other public areas which are dedicated to the City of Director of Public Service known to me to be the President of Potter Clinton Development, Inc., Bozeman for the public use and enjoyment. City of Bozeman, Montana the Managing Member of Baxter Meadows West, LLC, By: BANK OF BOZEMAN and the person whose name is subscribed to the within instrument and acknowledged to me that he executed the within instrument for and on behalf of Dated this_ day of 200 Baxter Meadows West, LLC. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the Name & Title Signature day and year first above written. CERTIFICATE OF DIRECTOR OF PUBLIC SERVICE (SEAL) Notary Public for the State of MONTANA Printed Name I, Director of Public Service, City of Bozeman, Montana, do hereby certify that the accompanying plat has been duly examined and have found the Residing at some to conform to the law, approve it, and hereby accept the dedication My Commission expires to the City of Bozeman for the public use of any and all lands shown on STATE OF MONTANA the plat as being dedicated to such use. County of Gallatin Dated this_ day of , 200 . On this day of 20 before me the undersigned STATE OF MONTANA County of Gallatin Director of Public Service Notary Public for the State of Montana, personally appeared Thomas L. Clinton, On this day of 200 before me the undersigned City of Bozeman, Montana known to me to be the Vice President of Potter Clinton Development, Inc., Notary Public for the State of Montana, personally appeared , the Managing Member of Baxter Meadows West, LLC, known to me to be the of BANK OF BOZEMAN, and the person whose name is subscribed to the within instrument and and the person whose name is subscribed to the within instrument and ed to me that he executed the within instrument for and on behalf of acknowledged to me that he executed.the within instrument for and on behalf of acknowledged BANK OF BOZEMAN. Baxter Meadows West, LLC. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and year first above written. CERTIFICATE OF CLERK AND RECORDER IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the - 1, Charlotte Mills, Clerk and Recorder of Gallatin County, Montana, do day and year first above written. (SEAL) Notary Public for the State of MONTANA hereby certify that the foregoing instrument was filed in my office at Printed Name _ o'clock, _.M., this ___ day of 200_, (SEAL) Notary Public for the State of MONTANA Residing at and recorded in Book _ of Plats, on Page _ _ as Printed Name My Commission Expires Document No. _ Records of the Clerk and Recorder, Gallatin County, Montana. Residing at My Commission expires Deputy Clerk and Recor er SHEET 2 OF 2 516—Ph4A—PLAT.dwg DRAWN BY: KLS,SA DATE: 09/19/07 IQUALITY CHECK: TD 8�c '_� SURVEYED BY: JOB NO. BO"16 FIELDBOOK 150/4e.141M THOMAS,DEAN&HOSKINS,INC. ENGINEERING CONSULTANTS GREAT FALLS—SOZEMAN—KALISPELL MONTANA SPOKANE WASHINGTON LEWISTON IDAHO SURVEY PURPOSE: TO CREATE 34 LOTS, 2 PRIVATE OPEN DRAFT PLAT OF BAXTER MEADOWS SUBDIVISION, PHASE 4A SPACE PARCELS & SHOW A REMAINDER TRACT. DESCRIPTION LOTS OPEN SPACE TOTAL(S0. FT.) THE COMMISSIONER OF THIS SURVEY IS PC DEVELOPMENT. A PARCEL OF LAND BEING LOT.3 OF MINOR SUBDIVISION NO, 400 PLAT IS COMPLETE EXCEPT: LOCATED IN THE NE 1 4 OF SECTION 3, T2S, R5E P.M.M. UPDATE MONUMENTS � BLOCK 1 80400 38737 119137 CONFIRM SOURCE OF WETLANDS DESIGN CITY OF BOZEMAN, GALIATIN COUNTY, MONTANA BLOCK 3 83000 - 83000 BLOCK 5 53943 58393 112336 TOTAL AREA: 47.613 ACRES SUBTOTAL 217343 97130 314473 STREETS/ALLEYS 149904 PHASE 4A 464377 an , a„ ,a I I LOT Rso 1609857 BAXTER LANE b $ wvpms 1 RE�6C N4A-1 ER NO.400 I I 2074034 ....... Zo.P MEAD C,0.5.N0.22028 L MINOR Sue TOTAL SECTION UNE sue.P. 012 g�OCK LOT 2 ......................................................................................................................... ww,e E YO LOT 1 FD 5/8"RB I TTED GENERAL NOTES $ Y' wew uw rl,a,e 1,Po,Hiiwwwa'°'w ----- I UNPEA NBff41'SB'E 384.97' i' NO ACCESS -------- --1- NO -� .°' 8 STRIP ALO ,,,1e11,,,N110'1819 NDW47'S8'E 1154.97 33 L--- 1. Park dedication requirements for this plat were met in the Plat of m 10'WIDE COMMUNCATIONS 50.00' STREET DEDICATION BAXTER LANE ........ ....5ow. .. Baxter Meadows Subdivision,Phase 3A. b $ EASEMENT(SEE NOTE III ' snas ..�� WX NBP41'58'E 77oap' BAXTER LANE o __ _ NB9.41'58'E 419.22' z ----------- ------1 --- N89'41 58'E-324.97-- --_w�- --�..--T N8ff41'S8'E 419.22' ---- -1) ---- I Pueu stREtT TT I� 2. The Private Open Space parcels are intended to be owned and I JAd.]9--_- .,,nn�e�------ - so.oa•we / I ry -- -- -- -- -" -- -- -- -- -� Doc./zt o3ta3(E) J -- I sEc.COR.SECS maintained by the owners association,subject to public access only within r-------------POS'k------- 1--I --- �- --- -I ' 1 I '$ -- ( R' the troll easements shown. 2 3 36 JS PER CO 10'I FROM WIDE TRAIL EASEMENT l I j j I REC.3-875) I JB7J7 Si '1 (~FROM STREET TO STREET g l 8 00' TRACT 3�1 I r ' i I NOTICE IS HEREBY GIVEN to all potential I^p N8ff41'58"E 240.00' Neff41'58'E 430.00' C.0.5.N0.2202BI 1s1 ' • " • �'� purchosem of Lot R,or the Plat of Boater I w 3. The relocated stream-ditch and the watercourse/wetlands setbacks •----- ---- b 30.00' 30.00' I , s�-e•--L -�� ,ae...�.,r, I Meadows County,M n,Phase 4A,City of Bozeman, I shown are based on a wetland mitigation design provided by 30.Q0' 6000' Bg,QQ'___ ___60.00'___ ___fA 00'___ 60.00'__ 60.p0'___ ___79_00�-,, I '[ g _ _ _-_-_--_ Gallatin county,Montana,that the final plat of I g __ The location of setbacks from natural features are ---- ---- --- ----"- ----- I I �- I the subdivision won approved by the Bozeman i; EASEMENT FOR EEr -8 , I o lift EASEMENT 5 LIGHT UTILITIES NLr BLOC 1. ' I b _a"'3�` off-sit, commie,on w9haut q,imd and r e and I subject to natural change. Watercourse/wetlands setbacks should be field i I c i \ Ca T rr-site imprwemente revs red toes.me I verified. I gl d o g - 111 t] [ Bozeman Municipal Code as la allowed'n I gi � W W W i W W ku r N I $ ' 1 ti✓ �1 oil G- - -- -- - -- -- - i Chapter 18.74 or the Bozeman Municipal Code. -I `��' 6 ,S' 8 0 7 8 e 9 10 0 11 re /'J P i O 4. There is an overhead electric line easement(Film 95,Pages 267-270) 2 8 3 C o 4 I $ $ $ $ p to __ _ __ __ _ __ __ _ {I Ass ch.this Restriction ie filed with the final I"' I -snip m m m ICE // I .14 I _ in the 51/2NE7/4 of Section 3,which includes right of access along 72m 5 720� M1 rtiZ•, 7200 W I 72W 7200 p„ 720D 72011 7200 ,may 7TW Qy 8W0 IN - �\ (1 i plat that stipulates that any use of this lot is I ut l b \ b s I W a a // I [l 1 .I I f avbleat to rarther evbaivielon,ana no I existing roads and troils.The specific location Is unknown of on easement 1 } r I sF SF $ 5F sF i g sE , SF SF sF $ SF $ SF �, SF I I // I ITI ( Ness I development of this lot shall ocur until all on 18 I (Miscellaneous Book 25,Page 89)for 2 guys and anchors in the NE 1/4 I m II" - I - and off-site Improvements are completed as I of Section 3. i I FF.�, required under the Bozeman Municipal Code. 3 1 Y . I 8 UTILI EASEMENT I I a / 1 I _ l THEREFORE,BE ADVISED,that Building Permits I 5. The communications easement shown IS for the exclusive use Of d o to145.03' B0.00' 80.00' 80.00' 80.00' 00.00' m 60.00' 80.00' 60.00' 80.00' 60.00' B0.00' 70.00' 110 f \'t\- \ I ! wul not be Issues Tor Lot R h the Plat or I I LightNez Communications,Inc.and its successors in title. 74503 \`\\ '\ i Baxter Meadows Subdivi Yon,Phase 4A,City of I50' • Bozeman,Gallatin Count Morton until all I O 25'TRAIL EASEMENT(CENTERLINE DIMS __ __ !_ I required on and o11-site improvements am I ABANDONED DRCH r I K ARE SHOWN;CENTERUNE IS NOT SHOWN) LOLO WAY NBff41'S6'E a I o ruined and accepted c the City water Bozeman. I ;j I RSL LOT NOTE W 8 ----_-_- �.l91 >Rs fa building shall structure requiring water it sewer rff 'e'j I \ land aha ll be utilized on this lot until this ILots)1 d m DESIGNED TRAIL 'L ~ r restrlcVon is lifted.This restriction runs with the ^I Dwellings the squat Of lots designated is RSL(Restricted Size Municipal Ore I j 27531' l 415.00' I r✓ j�a\� land ana is re,roaable only by further auuaivieian I subject to the square footage requirements of the Bozeman Municipal Code, or the written aonaent of the City of Bo:eras." I I including any sunset provisions therein. I 122.88' 55.00' 50.00' 50.00' 50.00' 50.00' 50.00' 50.00' 80.00' I UTILITY E kSEMEW rho' �q✓m!®Rf01. I131 I S -yL-' _��• Ili W W W j o W ' , LOT R i [ SIDEWALK NOTE 2 0 9 0 4 S e 5 0 8 S o 36.953 ACRES I City standard residentol sidewalks shall be constructed on all public street 8 a $ 8 7 - 8 8 8 I frontages of a r " \ m m I (LOT DEVELOPMENT SUBJECT TO FURHER SUBOMSION RENEW) I g property plan v occupancy of any recordation of the SaaO as 8 s000 8 Sam $5m0 8 Oro $5aSF 8 gggg 8 b property. Upon the third anniversary of the plat recordat on of any phase a SF SF sF , 5F SF 5F q SF I LOT a a } 1 of the subdivision,any lot owner who has not constructed said sidewalk I MINOR SUB•No.40 I shall, without further notice,Construct within 30 days,said sidewalk for FOUND r\ I I!I - (RSL) (RSL) (RSL) (RSL) (RSL) m I their lots regardless T DISTURBED r\ ✓ r PETCKN351 1, I .� __ __ __ J I N $ i e , of whether other improvements have been made __��•__ __ �W,__ �o g _1^p z ,g upon the lot. SETBACK/f /I. $ J f SBff41'S81v 415.00' m I I m ` ALLEY BLOCK 3 8 so b I `� NBff41'S8'E 415.00' BI UNPLATTEO HIGH GROUNDWATER NOTE /. T r 1 1 !I as , 38a I S q POS E 1i ll ' $ �55.OD'__ __50D0•__ __5000__ __50Oa__ __5000__ __50A0'---`3000--- --5000'_� �Z I a \\ W j I Due to a relatively high ground water table within this subdivision,full or I 1/ 0 200' W,� J W partial basements are not recommended. Buildings proposed for p87py y1 I I UTILITY SEMENT-+-nO' N \ q I l I \ Q I I YJ construction with crawl Spaces or basements shall include Engineer SF �I I I I N P. v n W Lu m \ GFR S C ALE I Certification regarding depth of ground water and soil conditions and 10 ' O I 8 SO 8 11 8 12 P. 8 13 8 14 8 16 m 8 8 b \� Oo [ �1I proposed mitigation methods to be submitted with each Building Permit. i \ NY 4 1 Nr 9 12 g g 16 g \ A^ I \� 8 §m§ 8 5000 § $5000 $s000 b 8 sooD b 8 Sam Sam $ z \ W I > 5540 tX SF &i SE SF $ BE $ SF SF m Boni I \ 9Y m I FLOODPLAIN NOTE NT I T I I 7 I ) SIF \ (RSL) (RSL) (RSL) (RSL) (RSL) s J l \ Fa DISTURBED y I---EASEMENT WIDTH _ f 6 1a - T 3A-t \ \ \ 168.0.1' I AMBIGUOUS IN The flood lain boundaries shown hereon represent the approximate limits of 50 0.00' S0.00' S0.00' 60.00 TRAC g \ DOCUMENT P P PP 55.00' '\ SD.DO' 50.00' .00' S p,2202 �` the one hundred year floodplain oa determined b a licensed engineer.The O,p•5.N I Y P Y 9 1 415.00' I N90'00'001Y 331.50' surveyor certifying this plat is not responsible for the accuracy of these _T \ MCI - '----- I boundaries.The -I-- $ one hundred year flood's an event that has one percent \ N89'41'58"E « - ----- 1 chance of occurring in any given year. Larger,less frequent storms could $w_ T L------------------------ --II - SEE -,q, I I 86' I occur of any time and result in flows that reach and exceed the estimated DETAIL A (�„ ' 75.00'STREET EASEMENT I I boo darie9 shown, 100 YEAR FLOODPWN I I \ 369.34' ` LIMITS(SEE NOTE) ! i + T'( I \ W (OOO'2258784) i I These floodplain boundaries were determined by an engineering analysis 1 {NI t l 1 j sa.3a' 60.00' 60.00' 60.ao' 10.oa' 70.00' L; > i a', Z I utilizing the topographic survey performed by Thomas,Dean and Hoskins, { rn 111 \ \ t y T C29 UTI EASEMENT-�1o' U,I ' I I Inc.at the time of the study as well as the final site,roadway and N3B55'090E i > I I drainage design incorporated Into the project.Any changes made to the i a< 24.00' N yM lu N W i ¢ I SURVEYOR'S NOTE I I final design elevations of the site,roadways,or any lots, or any 22 e n 21 0 8� 20 S' 8 19 18 0 8 17 o i$ Q I modifications made to any drainage structures designed for the project or ro o, \ m p ro 8 18 l Lot R is the platted remainder created b this phase in compliance with contiguous to the project either upstream or downstream,including culverts, DITCH EASEMENT IS \ \ \ '� 9543 7200 b i8 72m rE! 7200 $ 7zm R e40o 18 P Y P P ditches,bridges,storm drain systems or detention facilities may Invalidate Or OFF why N 10' �\ \ \\\ \\ '\ s sF $ SF g sF �, SF SF i� 4 I City of Bozeman Administrative Policy N0. 2007-01. the floodplain boundaries and any one hundred year flood elevations shown. OFF Ely ORDINARY HIGHWATER MARKS $� �\P\\\\\ � \� 1, �, I l) I gam `%\ \ \ \. \'\ ` BLOCr 5 60 BAXTER MEADOWS PHASES TIE/ '� \„- SBff41'58'W 500.08' (440.08'FROM R/W) --� \34.73' / S89'35'31"W T 137.25'�' q NEW DITCH 1 CENTERUNE LOT R (SEE NOTE 2) EGEND ,` S w- r r r✓•-•-•---i- Tuct 36,953 ACRES SYMBOL DESCRIPTION q 4 c.o.s ra.ssa µmote P m tJ-vJ_c) �aOSNN°F"o'o:o aA (LOT DEVELOPMENT SUBJECT TO FURTHER SUBDMSION REVIEW) EXISTING EASEMENT u } EWIDED PMa 5 UTILITY EASEMENT AMrN THIS ,`r✓ T EXCEPT AS NOTED PNAss 1 $x$R - -•- - WATERCOURSE/WETLAND SETBACK E E ti�rti "ex so IM%k r\ POS PRIVATE OPEN SPACE EXISTING DITCH IS ABANDONED NORTH eEtASE p,PSE 2A 6puNaR OF THIS POINT&REROUTED AS SHOWN BOUNDARY/PHASE LINE g PHxsE m hem 'MINOR e.dp0 (R9L) RESTRICTED SIZE LOT I (SEE NOTE n N z0T ION Jd rrs is FD 1/2'RB AND RPC[72257 S] °'4P w d4XTEJi.uNE.•_•-•. ._...._.." srcnoN N rzs a0.5.ND.ENDS PNA.E 1 FD 5/8-Re W/YPC[12251 S] NEXCEPT AS NOTED NINo SET 5/8 REBAR W/RPC N wa. SUBTHI DIVISION ® 5/8'FIB AND RPC[12251 S]TO BE SET LINE TABLE 1/2-RB AND RPC[12251 S]TO BE O SET AT POINTS OF CURVATURE AND LINE BEARING DISTANCE POINTS OF TANGENCY Li N71'l9 44"E 51.64' LZ SO4'27 40 E 54.50 -'- - DITCH EASEMENT 0 1000' Tcp.No'7z03B L3 SO4'1141'W 55.35 L4 N90'0000 31.11 ---- PUBLIC TRAIL EASEMENT I I - - - SETBACK UNE S C A L E CURVE TABLE 'DETAIL A ACAP ALUMINUM CAP CURVE RADIUS DELTA AN ARC LENGTH CHORD BEARING CHORD LENGTH ' NO SCALE \`\ YPC YELLOW PLASTIC CAP C1 1200.00 90'000 1884.98 N45'0000 1697.06 / 0 60' 120' 180, C5 72.00 16740'20" 2D4.42' N45'18'02 142.36' GN'1 59.34'\\� RB REBAR -_... I I I C29 72.00 7754 19 91.62 N89'32 00"W 85.56 i E WC WITNESS CORNER C47 72.00 00139'03' 0.82 S5N4119'W D.82 ! Cry° FD FOUND S C A L E C30 72.00' 89'0658 111.99 N08'31'22'W 101.04' 21 [72251 S] MONUMENT CAP INFORMATION SHEET 1 OF 2 516-Ph4A-PLAT.dwg C51 171,18 OS'4326 17.10 N74-11 27 E 17.09 '\ 22 f BEARING BASIS: NORTH LINE OF EQUESTRIAN \ RPC RED PLASTIC CAP LANE AS SHOWN ON THE FINAL PLAT OF BAXTER C52 50.18 1OV50'38" 92.71' S5T22'59"E 80.08' ! DRAWN BY: KLS,SA DATE: 09/19/07 QUALITY CHECK: MEADOWS SUB.P.U.D.PHASE 1 PER RECORD C53 45.12 7ff47'47" 62.83 S50'O6 07 57,88 M POIM OF NON-TANGENCY SURVEYED BY: JOB NO. 605-016 FIELDBOOK 150/48.141r33 C54 29.22' 6ff14'O8' 35.31' SOB'23'55"W 33.20' THOMAS DEAN & HOSKINS INC. C55 93.98 46'3852 76.52 509'3255 E 74.42 - 058 328.04 13'44 35 78.88 S28'00 04 E 78.49 TD&l�e 7 '1 ENGINEERING CONSULTANTS P GREAT FALLS-EIOZEMAN-KALISPELL MONTANA SPOKANE WASHINGTON LEWISTON IDAHO !,� 0 O © 0 Q © A Q Q p p Q "PLANT ALL TREES TO HAVE THE SAME •PLANT ALL TREES TO HAVE THE SAME RELATIONSHIP TO FINISH GRADE AS RELATIONSHIP TO FINISH 6RADE AS •'• ••••••/',_ BOULEVARD TREE SCHEDULE SCHDULE - TOTAL ALL SHEETS ORIGINALLY GROWN IN THE NURSERY EC. ORIGINALLY GROWN IN THE NURSERY. CCCJJJ 5YMIGTYI BOTANICAL NAME COMMON NAME 51ZE ROOT MATURE 51ZE NOTE-5 PRUNE A5 SPECIFIED TO RETAIN PRUNE AS 5PEGIFIED TO RETAIN _ DECIDUOUS TREES NATURAL FORM NATURAL FORM s 4 •STAKING 15 MANDATORY. SUBMIT A •STAKING 15 OPTIONAL. ANY TREES GO 11 ELTIIS LATANOIDESOGGIDENTALI'ROYAL RED' ROYAL om Of�MKBERRY 15"GAL. B E B APLE 1-5"CAL. B45 45 H X 40'W P PROCEDURENC,OF FOR APPROVAL BY THE WILLEBEBREOUIREDYWINPS OTO BE STAKEDR BY 6T 10 GLEDITSIA TRIANGANTHOS SKYGOLE' SKYLINE HONEYLOCU5T - IS"GAL. B 4 B 45'H X 35'W OWNERS REPRESENTATIVE. THE CONTRACTOR AT NO ADDITIONAL QM 3 QUERGUS MAGRDGARPA BUR OAK 2"GAL. B 4 B 60'H X 50'W '�' EXPENSE TO THE OWNER. SUBMIT ASHOP ORAWIN6 FOR APPROVAL BY THE V ORNAMENTAL TREES OWNEIR'5 REPRESENTATIVE JJR/CRW a DESIGNED BY Z PM 14 PRUNU5 MAAGKII AMUR CHOKECHERRY IS"GAL. 54 B 25'H X 25'W SINGLE STEM C7 SR IS SYRIN&A RETIGULATA'IVORY SILK' IVORY 51LK JAPANE5E TREE LILAC, 1.5"GAL. B 4 B 20'H X 15'W 5-- STEM 3"CHIPPED WOOD;LOCAL OR61N OF JJR/CRW W q KRAFT PAPER TREE WRAP,REMOVE AT FINISH CHIPS,HEALTHY TREES ONLY,W-O"DIA. DRAWN BY O THE END OF THE WARRANTY PERIOD. GRADE IN LAWN AREAS,TYPICAL WETLAND PLANT SCHEDULE - TOTAL ALL SHEETS 772= _ JJR Z TREE GUARD;LARGE SIZE - , PROVIDE b"MIN.CLEARANCE BETWEEN CHECKED BY 5 SYMBOL Q BOTANICAL NAME COMMON NAME SIZE ROOT MATURE SIZE NOTES 3"CHIPPED WOOD;LOCAL ORI61N OF III .. " BALL AND PIT WALLS;ALL'PIT WALLS dDECIDUOUS TREES GHIP5;HEALTHY TREES ONLY,3'-O"DIA. — +'"',/// w - SHALL BE FRACTURED AND UNGLAZED 08I27/07 0 30 POPULUS TREMULOIDES QUAKING ASPEN 15"GAL. B 4 B 43'H X 15,W WETLAND OTY IN LAWN AREAS,TYPICAL �` DATE ~ 20 POPULUS TREMULOIDE5 QUAKING ASPEN 1.5"GAL. B 4 B 43'H X 15'W ZONE I UPLAND PROVIDE b"MIN.CLEARANCE BETWEEN I=III= REMOVE BURLAP FROM TOP THIRD OF BALL 4 PIT WALLS. ALL WALLS SHALL -III-I I ROOTBALL;GUT WIRE BASKET IN FOUR 06034 -)I I— - ,:r" PLACES AND FOLD DOWN 0" Irk/; BE FRACTURED a UNGLAZED _ PROJECT NO. a 5 SALIX LASIANDRA PACIFIC WILLOW 1.5"GAL. B 4 B 36'H X 30'W WETLAND OTY ;: '\� _ - REMOVE BURLAP FROM TOP THIRD OF PLANTING SOIL MIX,AS SPECIFIED. 06034_LS-DWG p 15 SALIX AMYGDALOIDES PEACHLEAF WILLOW 15"GAL. B 4 B 40'H X 15'W WETLAND QTY _ ROOTSALL,GUT WIRE BASKET IN FOUR I- —III=III=III=III= FILE NO. a =III '5'.. PLACES AND FOLD DOWN 0 INCHES U 20 PRUNUS VIRGINIANA COMMON GHOKEGHERRY 5 GAL. CONTAINER 25'H X 20'W ZONE I UPLAND -I `' __ PLANTING SOIL MIX,AS SPECIFIE, DELI. SHRUE45 -I — —III=1 I 1 " I REP—I WOO I&AL. CONTAINERWETLAND QTY DECIDUOUS TREE CONIFEROUS TREE � -'I EBBIANIA BEBB WI GAL. NTAI ER 12'H X I'W WETLAND OTY W %st2`cQo JP^ 50 SALIX 6EYERIANA 6EYER WILLOW I GAL, CONTAINER 14'H X I'W WETLAND OTY NOT TO SCALE NOT TO SCALE A �...,n^U SQ SALIX LUTEA YELLOW WILLOW I GAL. CONTAINER 14'14 X II'W WETLAND SITY - PROVIDE 2 A5RI-FORM �m z O OPEN SPACE PLANT SCHEDULE - TOTAL ALL SHEETS TABLETS PER SHRUB W O-y PRUNE N SPECIFIED,TO - a' a 8-6 SYM Q BOTANICAL COMMON NAME SIZE ROOT MATURE SIZE NOTES � RETAIN NATURAL PLANT x O �=r3aa DECIDUOUS TREES FORM. F 0- 3 GO 3 GELTIS OGGIDENTALIS COMMON HAGKBERRY IS"GAL. B 4 B 45'H X 40'W Z m.-.3 FP 0 FRAXINUS PENNSYLVANIGA'BUSBY' PRAIRIE SPIRE ASH I.5"GAL. B 4 B 50'H X 30'W TYPE OF MULCH AND DEPTH PT 40 POPULU5 TREMULOIDE5 QUAKING ASPEN 1.5"GAL. B d B 43'H X I5'W AS SPECIFIED. PULL MULCH QM II QUERGUS MAGROGARPA BUR OAK 2"GAL. B 4 B 60'H X 50'W 2'AWAY FROM TRUNK. } ORNAMENTAL TRUES a WEED BARRIER FABRIC MULTI-STEM b'HT PLANTING MIX,A5 SPECIFIED.NTAINFR - MULTI-STEM b'HT PLANTING DEPTH TO MATCH AMELANCHIER X 6RANDIFLORA APPLE 5ERVIGEBERRY 15 GAL. CONTAINER 20'H X25'W FIN.GRADE FINISH GRADE. PM 6 PRUNUS MAAGKII AMUR GHOKEGHERRY 1.5"GAL. B 4 B 25'H X 25'W SINGLE STEM _ ' PV 3 PRUMUS VIFSINIANA'CANADA RED' CANADA RED CHOKECHERRY 15 GAL. CONTAINER 25'H X 20'W III "dj —TOPSOIL VL 14 VIBURNUM LENTAGO NANNYBERRY VIBURNUM 1.5"GAL. B 4 B IS'H X IS'W -I:,..i,. i2 (d ; ; i b"MIN.CLEARANCE -} CONIFEROUS TREES III-- s (,3 REMOVE CONTAINER BEFORE (h ^ I N SGOPU O Y MOUNTAIN-IUNI R T GAL. CONTAINER 30'H X 20' PLANTIN6. TAKE CARE TO PP 1 PIGEA PUNGENS'6 AUGA' DO BLUE SPRUCE E 6H -I."%;•: •; :>_ ";f I NOT DISTURB ROOTBALL.P SIDES OF PIT Z �74 DECIDUOUS 4 CONIFEROUS SHRUBS I-I I''-I 1 1 1—I I 1—III BOTTOM SHALL BE FRACTURED =III—III—III-I I X PLANT SPACING. REFER TO PLANT A IT A NG NIFO IA VIG Y AL. CONTAINER I H I- AND UNGLAZED. 50 AR M SIA TRI NTATA MOINTAI SAGE 5 GA AINER III—III— 1 I- SCHEDULE FOR SPACING REQUIREMENTS. O (f) 14 ARAGANA ARSORE5GEN5 SIBERIAN SHRUB 5 6A CONTAINER 1''H GO 5 A BA'ARGENTEO-MARGI EUROPEAN ARIEGA A AIN R 3'HT.MIN. 04 11, GORNUS SERIG RED OSIER OED OD 5 A CONTAINER �' X &' SHRUB GROUND COVER SPACING U p GF IC, 'F AVIRAM YELLOW T I O 5 A CONTAINER � ^ rT, 5 EAGNUS GOMMUTATA RB RR A TAN 0'H X T' L� w �I JH 28 JUNIPERU5 HORZONTALI5'HUSH HUSH JUNIPER GAL. CONTAINER I "H 'W J NOT TO SCALE NOT TO SCALE f-L 1 13 1 PHILAOELPHU5 LEWISII BLIZZARD' I OGKORA 6A INEP PB 30 PRUNUS BESSEYI NE5 SANDGHERRY 5 GA NTAINER CONCRETE WALK 1 RG 13 RHU5 6 ABRA ISMOOTH SUMAC 5 GA CONTAINER 'W RW 114 1 P05A'WOOD511' WOOD511 SHRUB ROSE 5 QAL. I CONTAINER BOULEVARD PERENNIALS 4 ORNAMENTAL 6RASSE5 FINISH GRADE,LAI^A! WITTHNOPSOED W W W W 54 AURINIA SAXATI IS'GITRINUM' BA OF 60LD I GA CONTAINER - I " N KF 3 GA AMA6RG5TI5 X AGUTIFLORA'KARL FO R' REED GRASS GA AINE PE F O HS 15 HELIGTOTRIGHON SEMP RVIRENS B OAT GAL. ff�T IN X ' VARIES EXISTING GRADE W M PA b ROV5KIA ATRIF-uriFoLIA RUSSIAN SASE _2 6AL._ G9 Ir TAB, 9L_. FP, M F++ SAJ 24 SEDUM 'AUTUMN J AUTUMN SAL. _ i I—III— I—I I 0,1 M�' "`_ O ~ 1+� III-III-III III- mCC POINTS CALCULATION FOR OPEN SPACE 1I= I I=I POINTS REQUIRED: IS III I 0"STAPLES TO ANCHOR WEED 3 INSTALLATION OF 50%OR GREATER DROUGHT TOLERANT SPECIES OI-GRASSES ' I \ \ 5 DROUGHT TOLERANT SPECIES FOR-15%OF TREES 4 SHRUBS -I —III 1 BARRIER AT 3'O.G.;12"O.G.AT — SEAMS AS REQUIRED �r 5 TABLE 46-2, YARD NORTH OF"C STREET"(1,010 LF)(EQUIVALENT LANDSCAPING THROUGHOUT SITE) III MULCH,TYPE AND DEPTH A5 5 TABLE 46-2, YARD SOUTH O°"G STREET"(6-13 LF)(EQUIVALENT LANDSCAPING THROUGHOUT SITE) -I I SPECIFIED \,j 15 TOTAL POINT5 III 'III WEEP BARRIER FABRIC,AS WIDTH VARIES,SEE PLAN \ _I SPECIFIED -III METAL ED61N6,A5 SPECIFIED. INSTALL ACCORDING TO GONGRETE CURB 4 SUTTER =I_ MANUFACTURER'S SPECIFICATIONS I BOULEVARD MOUND LOCALLY AVAILABLE METAL EDGE & MULCH 6 NOT TO SCALE GRANITE BOULDER BURY OF DIAMETER NOT TO SCALE 2'MIN.-5'MAX BELOW THE SURFACE I W BAXTER LANE SIDEWALK ROUND TOP OF BERM TO LOT LINE I--1 ACCOMMODATE MOWERS ROUND TOP M DATE DAVIS LANE SIDEWALK REFERENCE LINE. TOP OF TO ACCOMMODATE �/ Ul 1-7.50 SIDEWALK GRADE 6.00 0.00 MOWERS 10.00 W z FT4 LY 75,19 5:f P (\ Hm 7:1 SLOPE ' W NOTE: ALL DIMENSIONS ARE IN FEET I i \ \ \ \�\� \ \ \ \ \ \ \ \ \ \ \�/ SHEET UNLESS OTHERWISE NOTED. UTILIZE EXI5TING TOPSOIL ON SITE O I `LOT LINE O ON1 917E F(OR BERMS FOIL III---DF RENCE L�E TOP OF ��/j /��/j�/j FOR BERMS O DAVIS LANE OPEN SPACE BOULEVARD BERM 9 BOULDER PLACEMENT L3 BAXTER LANE OPEN SPACE BOULEVARD BERM 8 SCALE: 1/4"=1'-0" NOT TO SCALE 7 SCALE: 1/4"=V-0" 0 Q Q 0 0 O Q ® p O O ® O Q O 0 J. BAXTER LANE 6 7 0)gR 7 = o18E}AR c (5)TG r4)SR ( 7 14)PM 7 (�JS (4)5R t� (4)PM (4)PM (5)PT L3 L9 L3 (10)AA(4)RG [III)AT v V ENGTH O �_� - - - - -- U BERM L TH OF BE � a GTH OF B= DESIGNED d CTENTION PO _ — �p A / , DESIGNED BY � OF ENr QM (3)Pr (3)PT 5 DETENTIONI JJR/CRW co 0.I �) �) (2)JS �)PT (4)PP 'TH POD DRAWN BY O /O\ 9 (2 PP (z)aM (a)PP 3 . \ ` 1 !21 M Ls \ JJR z _ (5)IRS•' / CHECKED BY O L3 a 1 I ,Z Ll (5)PT 08/27/07 O 1L J2 • DATE �� 2 06034 PROJECT C L2 AA NO. a n 06034_LS.DWG c 6 FILE NO. R 13 + + U f, Go _ "A"WAYFM r2)PM J x woo (5)CO A t, .0 DETENTION POND (5)ol (5)6T �a0 0�0 I / FP p" 9m�o'Q • 6 (RSQ 6 9 1 . . axx � ° . x t ° < ETENTION POND (5)G5 • / /I I LU LU Q Lu (2)OM ° `�U I Q Q Z (� II1 ' . I--I 1 6 (?�vL L2 - (51 GO � QQ L3 I � -LL- - - - - - - - o �' H ;O (4)SR "B"STREET BAXTER LANE U OC c 1 (5 AS (5)SAJ uo ASG (5) 15 JH 21)AT (4)SAJ11IRL 5 2 (5)PL 15)JH 4)SA-1 PL (26)AT 4 —1 X (5)KF % ti • ILL! W W W 1 (1)co %x 1 z ~ �x (1)am (6)OF Q O W ��y-{' r�w411 2 BERM:LINES REPRESEI T (4)PT a (4)PT cc h+•+ \ L(l) AX ONE FOOT GONTO (6)GAM Cl) W I (TI GF (10)PB INTERVAL S Q (6)GAM d (5)OF (1)PV DETENTION P°"° 0 laJ.� (1) -- 2 PLANTING PLAN - BAXTER LN & CASPIAN AVE INT. )pp ro Ax 0)Pv (5)GA (4)VL LEGEND GENERAL NOTES: (5)TC - •'' •• - I.SEED MIX#2 IS A RESTORATION SEED MIX.' IF A x . - . • z.X• IRRIGATED LAWN HEALTHY,ADEQUATE STAND OF NATIVE 6RASSES EXIST, GF� (SEED MIX 01) DO NOT TEAR OUT AND RESEED. P7 2.SEED MIX#2 15 UTILIZED IN AREAS OF CONSTRUCTION NATIVE LAWN DISTURBANCE AND AREAS WITH HIGH INFESTATIONS OF iCy (2)PM (SEED MIX#2) NOXIOUS WEEDS. SEE SPECIFICATIONS FOR FURTHER 1--I INFORMATION. WETLANDS 5.WETLAND PLANTINGS ARE SHOWN ON PLANS IN PT ���11 F^^•r (U JS (5)AP WETLANDS AND TRANSITION ZONES PER LYNN BACON MARLINE LI �4 Fri MATGHLINE L2 MEMO DATED MAROH 12,200Y. SEE SHEET L5 FOR MATGHLINE L2 1 DETENTION ° Y SYMBOL LEGEND. I^-' POND ��1��J(���^),WETLAND PLANTIN65 (2)pp 4. TREES BE PLANTED A MINIMUM OF 10'FROM F- WATER,SANITANITA RY AND STORM SEWER PIPES. F- 400 \ ® IRRIGATION WELL w W \ � WAIVE GRAVEL TRAIL � 't Y. . \\ / � •;, BRIDGE OR LAND BRIDGE o ` . . . . 10'WETLAND PLANTING BOUNDARY VERIFY SCALE sFleeT THESE PRINTS MAY HAVE BEEN BENCH REDUCEDMEASURES ONE INCH ONETHELOW `J PLANTING PLAN ORIGINAL DRAWING. 1 � � � a � � L1 'ee MODIFY SCALE ACCORDINGLY. 0 A 0 o O 0 O o 0 0 MATGHLINE I/IRL_ .......'If I'll�\ 1L MATGHLINEIAR415 JOL U. OL 10 '�hnnnull"� 3 3 ❑.� r _ CRW d w I t f.7, I `o• o • S - DESIGNED BY .. X t i�1 I CRW Es. .. .... ( �/ I` DRAWN BY V) J\' I N JJR Z ✓+ X I CHECKED BY 5 • I r'/' \ / 08/27/07 dL DATE CD 06034 w PROJECT NO_ 2' 1 - 1 y k- I 060341R.DWG N 1J; 1 �p - � I FILE NO. T d I �1'1 17A x x °°. c_ o N o 7 IR7 ,�-. �-'� S X T 1 IR7 ( p I a�Nz /7 Zoo ❑' ` I X m - . ..N • C9a�- d I Z�� r 11 I H gZg��°oNi IR7 2G ,7.... °. 1 1 MATGH�NE "I%IR4. I 10\} _ 'cx7L�97_C.HL'iNE' IR6 �D 10 Q TR7 -- IRRIGATION PLAN Z �� 00 SCALE 1"=20'-0" U� (j) o d \ rF�+•f•'I / 1 � 1- IR7 d18 — — d9A r o �d 8A^ Ca �T ( 11.2 1.5" _C�o. I\J!\ / O . -\� �`//.��`'�-,- ��-� _ '-'�•-�`5-' \ \ tS x o� O X i/ 1 71 x o 4(x ❑ // �S � X x15 SHEET IRRIGATION PLAN dp \ �°'` ° 1 �c 1 - u� — L — — —— —— — — —MATGHLINE I/IR4 / �._( ^ r/ /_ �1 T` KI IR4 SCALE 1"=20'0 — °° ^ MATGHLINE I/IR6 \`-�`` \ 1, �- -9 Y�••". �, \ `. e 0 0 O 0 0 0 0 0 0 0 0 0 0 0 © 0 uu x x RIECKfill .: o /+ ; • MATGHLINE LI 1 C"STREET __ __ _ '�✓ •��`�'���� .—'— -- MATGHLINE L2 �y0s04PEINp�`a\\� �\ (3)PT JJR(CRW a DESIGNED BY \\ • SITE FURNITURE SCHEDULE - ALL SHEETS (S)Tr, JJR(CRW rn .y ys • (5)C5 DRAWN BY 0 \\ (I)PP SYMBOL OTY PRODUCT VENDOR ME/ FINISH MOUNT SUPPORT JJR Z \\ / A 4 ARCATA BACKED BENCH 'BARK' POLYSITE SEAT; OLIVE SURFACE MOUNT CHECKED BYc. a POWDER COATING (1)PP 08/27/07 O DATE U) 6 •. 8 0 GRETCHEN TRASH 'BARK POLYSITE SLATS; OLIVE N. I 1 Yd \ / RECEPTACLE POWDER COATING 0603E ul // // • (5)GA (SIDE-OPENEING) � PROJECT NO. n. (1)PP •y"o" (1)JS § FILE NOLS.DWG i FILE NO. U / VENDOR,(1) (2)VL LANDSGAPEFORMS Q EQUIPMENT MAY BE PURCHASED FROM CONTACT:TIM&15H VENDOR OR PABRICATED ACCORPIN&TO LLv 461 LAWNVALE AVENUE DETAILS AND SPECIFICATIONS. i4 KALAMAZOO,MI 4R04& N qq \\ (6)R6 (BOO)521-2546 S ALL PROPRIETARY SPECIFICATIONS ARE SUBJECT TO APPROVED EQUAL. (2)VL (4)6T V] <Z oa�g o 2)J9 X Q / (1) PP IJ AX �� (IJ 0 I (I)PP (6)PS �.s (2)EC O 0 z ; � lU GQ wi== (U AX W o. • (IJ FP ( PT 71 \ \ (1)AX Y• • (5)AA 2 L2 L2 (11 GO V �lj 1)QM ^�^ 1� \ \ BERM,LINES .o (4)GA REPRESENT ONE (IJ PP C ' FOOT CONTOUR O \ } INTERVALS (5)AP Zj (2)GA U Q DETENTION POND Q)FP �. Q O W LEGEND \� (2)VL I IRRIGATED LAWN \\ (I)QM a• " di a/ (SEED MIX 41) GENERAL NOTES: \ (I)FP i>' (5)p W W W NATIVE LAWN I.5EED MIX 02 15 A RESTORATION SEED MIX. IF A \ : 1. 8 0 v O (SEED MIX 02) HEALTHY,ADEQUATE STAND OF NATIVE GRASSES /1 EXIST,DO NOT TEAR OUT AND RESEED. \ 2 (1)PP E- M (5)PP t3 U ^ �•a� h+a WETLAND5 2.SEED MIX 42 IS UTILIZED IN AREAS OF \ 6 -Wa F•�•4 p.r CONSTRUCTION DISTURBANCE AND AREAS WITH — (1)Fd O HI6H INFESTATIONS OF NOXIOUS WEEDS. SEE (6)CF • I a c q SPECIFICATIONS FOR FURTHER INFORMATION. WETLAND PLANTINGS � + 3.WETLAND PLANTINGS ARE SHOWN ON PLANS IN ® WETLANDS AND TRAN51TION ZONES PER LYNN (2)PM i O)PT WELL BACON MEMO DATED MARCH 12,2001, SEE + SHEET L3 FOR SYMBOL LEGEND. \ \ B'WIDE GRAVEL TRAIL \ \ 1 4. TREES MUST BE PLANTED A MINIMUM OF 10' 6 ® AWAY FROM WATER,SANITARY AND STORM (2)QM SEWER LINES. \ \ BRIDGE OR LAND BRIDGE • 10'WETLAND PLANTING BOUNDARY BENCH �- 1 PLANTING PLAN SLOPE EDGES OFF TRAIL WATER AND ROLL 1"=.SO'-U" ■ Fir V a W 12,1 MINIMUM,5,1 MAXIMUM SURFACE TO A SMOOTH 7v TO MEET&RAPE SEAL I�••I O 6.0'WIDTH (B%MASOHNAT fi'LANTING NOTES: CENTER OF TRAIL I.CONTRACTOR TO VERIFY PROPERTY LINES OF ALL LOTS ADJACENT TO PARK I. PROVIDE A 3'-0"DIA.BED AROUND ALL TREES LOCATED IN LAWNS. MULCH WITH B. ANY PLANT NOT MEETING THE REQUIREMENTS WILL BE CAUSE FOR REJECTION. ALL z IMPROVEMENTS PRIOR•TO CONSTRUCTION, GLEAN WOOD CHIPS. NO EDGING OR WEED BARRIER REQURIED,SEE DETAILS. REJECTED PLANTS SHALL BE IMMEDIATELY REMOVED,DISPOSED AND REPLACED BY THE z 2.OWNER WILL PROVIDE STAKIN6 OF CENTER LINES OF ALL TRAILS. 2. FINE&RAVE AND SLOPE ALL LANDSCAPE AREAS 2%MINIMUM. POSITIVELY NO w 5.FIELD VERIFY WITH OWNER ALL SITE FURNITURE LOCATIONS AND QUANTITIES. PUDDLING,SETTLEMENT,EROSION,SEDIMENTATION OR OFF PROPERTY DRAINAGE RO ALL CONTRACTOR. ARE TO MEET OR EXCEED AMERIGAN STANDARDS FOR NURSERY STOCK, a NUISANCE SHALL BE PERMITTED. CURRENT EDITION,BY THE AMERIGAN NURSERY 4 LANDSCAPE ASSOCIATION. ALL I� 4.VERIFY THE LOCATIONS OF ALL UTILITIES.IMEDIATELY REPORT ANY PLANTS SHALL BE NURSERY GROWN UNLESS NOTED OTHERWISE. ryj 1-1 DESGREPANCIES TO THE OWNERS REPRESENTATIVE. 3. CONTRACTOR TO VERIFY WITH THE OWNER AND UTILITY COMPANIES,THE LOCATIONS 1 PLAN SYMBOLS W OF ALL EXI5TIN6 UTILITIES PRIOR TO OOMMENCIN6 WORK. CONTRACTOR TO REPAIR 0. T MBOLS ARE REPRESENTATIVE WIDTH OF THE PLAN AT MATURITY TT O THE . _ EXCAVATE 6'OF EXISTING GRADE. S.COORDINATE IRRIGATION SLEEVE LOCATIONS AND INSTALL PRIOR TO THE ALL DAMAGES TO EXISTING UTILITIES,CURBS,PAVEMENTS AND 5TRUGTURES WHICH USE THE CENTER POINT OF THE SYMBOL TO 6AU6E THE PLANTING LOCATION. to BAGKFILL WITH 2 LIFTS, APPLY UNDISTURBED SUBSRADE- PLACEMENT OF TRAIL SURFACING. OCCUR AS A RESULT OF THE CONTRACTORS ACTIVITIES. 11. PROVIDE FINISH GRADE OUTSIDE BUILDINGS AS PER TYPICAL BUILDING SECTIONS. %'ROAD MIX TO BOTTOM 3",4 COMPACT FILL SLOPES TO 4. PLANT LOCATIONS SHALL BE LOCATED BY THE CONTRACTOR AND APPROVED BY SLOPE TO DRAIN AWAY FROM ALL BUILDINGS,MINIMUM 296. GOMPAGT;THEN APPLY%'MINUS R576 PROCTOR DENSITY THE OWNER'S REPRESENTATIVE PRIOR TO PLANT INSTALLATION. 12. ALL EXISTING LAWN AREAS DISTURBED BY CONSTRUCTION ACTIVITIES SHALL BE SHEET NATURAL FINES TO TOP D... PREPARED AND SEEDED AS PER SPECIFICATIONS. VERIFY SCALE -NATURAL FINES SHALL CONSIST OF 00%ROCK,10%SILT AND 5. CONTRACTOR 15 RESPONSIBLE FOR TOPSOIL FILL AND LANDSCAPE 6RAVIN6. IB. THE PLANTING AND IRRIGATION INSTALLATION SHALL HE THE RESPONSIBILITY OF ONE 10%CLAY. MIX IN ADDITIONAL CLAY BINDER TO MEET THESE 6. PLANT MATERIALS SHALL BE FURNISHED IN THE QUANTITIES AND/OR SPACING AS CONTRACTOR. THESE PRINTS MAY HAVE BEEN PARAMETERS AS NECESSARY. SHOWN OR NOTED. IN CASE OF A DISCREPANCY BETWEEN THE PLAN AND THE PLANT REDUCED 1/2 SIZE. THE LINE BELOW SCHEDULE,THE PLAN SHALL DICTATE. MEASURES ONE INCH ON THE 1. NO SUBSTITUTIO L NS WILL BE ALLOWED WITHOUT WRITTEN CONSENT FROM THE T 2 LANDSCAPE ARCHITECT. ORIGINAL DRAWING. GRAVEL TRAIL NOT TO SCALE ~� MODIFY SCALE ACCORDINGLY. 0 0 0 0 0 0 0 0 0 0 0 0 0 d 0 WBC LP AD R BAXTER MEADOWS DEVELOPMENT I 6]80 TRADE CENTER AVE BAXTER MEADOWS BILLINGS.MT 59101-fi294 6 Of 2 LOT, ,0'f 2 LOT 3 LOT 4 L01 5 LOT I P HAS E R OF LOT 2 BUgI0M510N N0.� I � fJ �-� "MAIN"" MINOR 1LTER FADOYfiE 1 TPHASE 2A 010CK 2 CO05 N0.2202A MINOR SUO I 1 'S�� `' ER M O RE "" 1 (DIVISION N0. u 01• P .O,PIiAS Iii SUB W C KP20,L T 1-12 -.mf DLO 2 BAX+ER EADOWS D OPM 1 11�I P.U.D. Pl�Lyl�l RE'It 6 80 TRADE ENTER A a I 22 �� �§ FM.964 LUNGS,MT 59101-82 I , T g'4 Vol 1 PUBLIC PARK 3 LOT 7 107 8 LOT 9 Lot 10 107 1, LOT 12 I I'CQ ���C V ��l 0(1 7L •1 q7F 1 WIWAM R.ANO IANNE PETERSON A D 5001 BrV(TER LN.EAST (�.(\� - - - - - - -- P01 OF BOZEMAN.MT 59718-9797 ryap �u�yy� PIheR _ BE INGL - - _ of the3a.,pt4 U6at",�or elevations . .... . .. .. . . . . .. . . . .. . . . . . . .o. . . . . . . . . . . ... . . . PUB a VJ LI written Val DATE - ---. N00'1 50.W UC STREET ESMT OOC./2t03 3(E) 34 35 Ui:�,i 50.00' N89'41'58•E 1154.97' PUBLIC STREET ESMT .D. D 0 3 2 itho t prior w itten approval � � DOC.#2103146 l CIT,s } DES I � 4�• � � •4,•5 4.9• -E I - - - Legend: -� - - � 4.i9• _ �„ ,B.4• _ , I PBBu0 31REET ESMI from the Planning Office NBg4 • .' NOT41'W E ® _ •4� 3 FM 179,PG 20S3 J o °8 _ POS B PRIVATE OPEN SPACE PHASE q BOUNDARY W.OD•- 60.00'• ':.W.00' -60.00'_ 80.00' 60.00'--80.00=-BD.00'- 8°.W' BDOD- 70.00' �'O °0.00'- - -8000= 80:00- fi0.00'- -80.00 • .W' --113.80�- 46232 NO LOT 3 f LO K 1 w $ $ ' w r .(,• SF Ess MEDIUM DENSITY SINGLE-FAMH,Y LOTS W av w w _ r r1 P' :' N i" TRIP BAXTER MEADOWS PUD BOUNDARY :ELIA K.REINER $ $ I °1$ 2 S- 3 $ 4 0 $ 5 0$ B g 7 B 9 00 10 0$ 11 R$ $.111 °0 8- S 80 8•. $ $ ?8 s 1 z $ 3 $s 4 8 5 S$ g s 7 -y+ e " 9 ,3, ENK DR. 1 1z2 7zoo o J10Q 7zoo m o Jz0o m o 72ao m o 7zoo m noo m o]zoo_ '7zoo A e400 e400 '720o m$]zoom ]zoo°' nao 00 7zoo°° 7zoo-R 7146- +3539 4,�, El MEDIUM DENSITY MULTI-FAMILY LOT ® EXTERIOR RIGHT-OF-WAY ZEMAN,MT 39]13-6653 I N ! SF SF Sf SF b SF bo SF b SF E'. SF '! SF R SF }" $ SF SF - SF $ SF o SF Sf - SF SF - SF .A. ATTACHED J 4 saoo' 60.00' 60.00' •SOW 9 BO.L`D•w 5D.0o' 60.00'N 50.00' 60.00' 60.00' 7D,a0' 7: 7o.oD' So.00' 60.00'N 60.00' 60.ow 60.00, 60.00' 46.97'OA4 c,s ,^o Ol I O OWNERS'CENTER-IN TENDED FOR USE SOLELYBY INTERIORRIGHT-OF-WAY RESIDENTS OF PHASE q. + RCH l0 BE J45'0S' LOLO WAY N89'41'SB•E a6.9Y LOLO WAY N8g41'S8`E C`? LDT 4 + 75.1'+ +' I 415.OD` 522.73' STREET UGM ONLY 14028 ' 3X 22.88' S5.)yp' 0355.00' SOAO' 60.°0' S0.00' 0. 50.00, 50.00' 60.00'I,� rj B0,00' 50.00' SO.QO' 50.00' SO.OD' 30.00' SO.OD' 50.00' 50.00' 82.73'�i1 SF ; GVtOLYN M.NSTIER I T� Y I r 1W� P' k' I I'/ Y' I W W Y' "' 1W� Y' Y' "' "' T BAXTER MEADOWS /�� 7'� ��7�1 a8 CRESENT POINT \ q 8 1 o g 2 0$3 t 4 0$5 0 o g o$l o b B 0 4 w 6 0 0 8 S 8 7 $B.°�$ Q 10; UNBS25'OOw TOTAL. PAXTER MEAD®V V 1' SOZEMAN.MT 597+5 O1. $ 550D°^°0 0� 0 $5000C°0oo'S000f-^8s0o�'$BOpp b $ soon_Saoo� �ysa0or'gwOOm o o°a°f�SooOm oo0m �So00.�g 6106 8 tzO.00' SF SF b 5 F SF o SF b SF 4 SF SF b SF SF b F SF g SF b SF SF u A \ S R RSL$ RSf.8' 173E SF ' (RSL)$(RSL) (RSL)y (BSL) (RSL)�'(RSL) RSL)'�^ ' S5.0o' 8 I PHASE 4 ACREAGE.00'- 5M..00' �000• sD:oo•--50.00 eo:°o'': eom'--So.Do'--w.0g'- o.DO'- .0°'--5om•-s¢ao' -so.DD' s°:DD'- s9e4'� �' SF • ��.•8 58g41'SBw 415.00' $ °� 47.6it AC BLOCK 4 Si9.44' ,a r�l N88'15'ODw ° - Neg41'38•E 4,5.0o'BLOCK 31 io g 58•E 516.45 .g 120.00' // or =1 0 32 LESS EXTERIOR R.O.W.: AC E :rTp5W' -50.00'- 50.OD'--50. -50.00• -5D.00'- .00•--SMOO ' T'60:00' -50A0=-10:°0'--5Q00'- 50.0D=-50.00• 5°:0� 5B -'a, 7zoo 8 I 3•37 / 93 J 1 N N N- SF bb g I s NBf2500W I DEVELOPABLE PROPERTY: 2 AC S q10"$11m 812- 819- g14m oL6m� $ 11� 1 019�'814- $15- 016. $17?�18- $iB. $ 20 °1 I I ,4D:00'- 8 m odd^�y000^-9 $SOOD^$50D0 1B b 8 6000® D Ooom o 00 $SDOam °OOW ° OOOm$b ° g 588,i g 2D.00' 44• 4 FFr 0 SF 3F QQ OSFM�S-$ SF bo SF o SF B000 4. SF o^SF b SF SF§ SF b SF SF¢ SF¢ SF b SF W $ 13 Cam•- BF M di o SF ^ .n RSy v. 1X S+ Oi M I .S 9F RSL) (RSL)'^(R3L)"(RSL) ( )�(RSL) (RSL) (RSL) (RSL) (RSL)'^ Z ]13 / sg2�1.41^8 I 5500' :50.00 S0.00' S0.00' So.OD' S0.o0' S0.00' 60.00')T a`80.00' 50.00' S0.00' 50.00' 50.00' 30.00' S0.00' 50.00' S0.00' S5.16' g NBa.SF w � 2000 ° 4,5.00 W N89'41'S8•E LAND USE ACREAGE BREAKDOWN - _ _ - Q w 1 14 + / 78 B u-'' , C47 369.34' ' yl LEMHI TRAIL DR{16F6' °' 795] e 00' ¢ I SINGLE-FAMILY RESIDENTIAL: 19.77 AC / g1B O'w'yl 5s.34• BOW' so.00' 6D.aD' so.OD' 7o.Do'".c Z x160.00 SD.o0' w.o0' So.00' so.0oLftW6MOO"F so.00' 72.36'pc Neaz6 a3w =20,00' g cz9 w120.00 MULTI-FAMILYRESIDENTLAL: 6.0o AC 3 o 0 0 CL �i i 727618 ' 22 m 8 21- 0P$ 19m$ iBm817 m$ 18 $ 8S I 8Eo 3 '$ 4- 6- S8 8 9 S919 �- 8543 H J500 BOO �75F -R 75F ^ 75F -z 0 65F°r Q ru Js00 00ODOb 600 b SWFOOm$S6 r^°57SF o roi BgF°i R N88'26'43w ;r SUBTOTAL: 25•'77AC 1opo' . - f - ^i N89'41'9 w 1180• Negzs'o5w (BUI LDABLE NET ACREAGE) 4 Y• ,w /0.98 W.00`-'-80 -BOW' �0:00'- w.00'- --70.00'. 47'S8'W'`°ODDSOOo -5000' '50.00, -80:W'--&k27' $ 7200 o I 18.18' 781e59� ss 4 12o.oD - 6D.bo So 4'58-W 504.27 $ A Neszaa3w i INTERIORR.O.W.: 8.671 AC 51Z v' 0.00' `.,-0 15 - g BLOCK 6 N8T4158•E 502.25• $$ f2170' A2o� $ L CK DDCN TO BE 1 7zoo $ - PRIVATE OPEN SPACE: 12 A // 6 bo.- AHANDONm/Fl .�•. $'oO SF n 80.00'--50.0D' -50:06'- .00' 30.90'--50.00'--fiO:OO= -60:00�-'7225'-`j g 7200 1 �• 3 N89'a,58•E I w w 9°534',8'E w 9 59F $ I OWNERS CENTER LOT 0.676 AC STREET UGHT ONLY \ 7S(j98'V- 1 •.... - 120.00' I n r' 29.4$ Ir N86'26'43w r •- /t POS C 10 m g II?g 12-5'$13.m g 14m a 15� IB 0 17 g 18 ; ry 120.00' ; / 1 277a TOTAL: 44.24 AC 14 I a 72M- O-�OOOm 000- 000¢- 8000•-° 200 1p it 7zoo°-°it 818s SF / op 1$ •WETLANDS .I� i ] $ I SF SF -SF h �'s8g41'58w Al 8 '�. '' •. S '• G 60,00'- SF •m' 23.71' ]6I6 ry1 11 - '--- BOW' S0.o0' 50.00' S0.00' S0.00' S0.00 80.00' 60.00• 64.18'i, 65(00. --12D.77`J' \ G Fy.� g- •- 67.36' 189'61• MONIDADRIVE b "'•°° •SINGLE-FAMILY RESIDENTIAL: A,L°PP .�.., R LI �' C3 ��524'S6'03•E NBg41'58•E \ 7 6 139.78' m / 7618 N1 1 + 230.00, 618.591 _ 145A7' 25.07' SF1Op1 �' $ + 't 187.5,' NOT41'58•E 431.28• m- ,z�.0o+ o I MEDIUM DENSITY DETACHED LOTS ACREAGE: 19.77 AC Lot 4 SUBDMSION NO, - MINOR �� � � 9.51'�• 1 7.21' 0211' B 4p o�7z°D + �i.z1' g °ssF7z #OF LOTS: Y25 '\ N2T05.45^N - so�'?7 ez -� N6826roiw I APPROXIMATE DU AC: 6. DU AC 79S24 54.69' a >o1zZao' z I / 3 / \ 7sFB•oea, `b`a 'L .I'1.- // lo. .(}�' 2SF d 7SF9's $N°'�•s �.�,�'�� % �; MULTI-FAMILY RESIDENTIAL: / y� � ^� NBT43'SGw S • A'Io' 7zoo \ 8SF 109E /// Y• 2��. 41. �= .^ gu CM 8131 m o I °a SF s�?ry b a Ss N a � 2186' SF 9w ° MEDIUM DENSITY ATTACHED LOT ACREAGE: 6.00 AC , I APPROXIMATE DU/AC: 8 DU/AC 22pp / ,�7L•/ J0�p�7924 ��,�' C Nq 91 J4 •1 \ .1Q r{3' S1g SF � N2S50.27w i^' •P� NBP28 '"3 o 'Tp. t%�50.39' $.�f 'Dsw °l 9083 ry9 7�'Oe. FftOM� \ ,0 0l $ fi0.pp { _ PER UDO � --_ _-- _ ----- JE _ u �7zgoo \ °, ry75°a � `x' a NEATER " . .: - -- __-- SF___�tREET OGT79NCT n f eo26'09-W P R e OWNERS'CENTER LOT o,676AC; Uhl'L��/// _ _ o US / 05,1 _7 :WIDE PEDESrTUUkX EASENEW - B Q I 179 FM. 16.68.120.Oo- SF 2076 �, 0�, T0BTJD OR72AINTAti ALGIVMEN'E ]637 N. PRIVATE ATE OPEN SPACE 7 .00, TO BE DIORIWNL'DAT G OF SITE 'T J818•ti �` •g + DEVEWPMENTOFMISI SF •�t� I • 9 \ SF�j.T1'$ 70 U N84.47.OBw CASCADE DEVELOPMENT,INC. Y2 AC B SOD: - ry 120.00' I C/0 WAYNE JENNINDS 9• 3 C,T 7618•�, r' 125 W.MENDEHALL ST. 8 W 8 \ 00.E-, •' ! _ gQI ,7927 '-��• 9OZEMAN,MT 59715-3586 A �• "V 9 $'• J 25.42 SF •� m 7SF6'Vb g q�, Q N°e'26'09'W y} 7618 y. \:� - 20600 + DOCUMENTATION OF PROVISION OF 20 PERFORMANCE POINTS SF $ Ta g 7zoo I \ N,3'24'47w m N8g28'09w n - TOTAL PHASE ACREAGE: \ \ cos a 48.66 w + C I 4 47.61 AC LESS INTERIOR/EXTERIOR STREET R.O.W.'S: 12.041 AC \ \ s '200 a I GROSS ACREAGE(TOTAL ACREAGE LESS AREAS DEDICATED TO PUBLIC (�,• s I NW2"69w - -` ) 35.569 AC \ + ° ,2A.00' + ffi AMBIGUOUS IN e z NO I DOCUMENT AREA REQUIRED FOR PRIVATE OPEN SPACE TO COUNTY REGIONAL PARK \ I SF .^� ACC S GPUAnN COUNTY TRACT ND.'22028 \ \ �g C42 SSAO' �-�- 120.01'- P ACHIEVE 20 PERFORMANCE POINTS: 7.114 AC vo9'BO'* 33150, I AREA OF PRIVATE OPEN SPACE PROVIDED: 9.123 AC 3,1 W.MAIN STREET G.os' L5'40' - 115•0S' I SURPLUS OPEN SPACE AVAILABLE FOR CARRYOVER TO FUTURE PHASES: 2.009 AC 311 IV. .IN TREE 59]13 `•• TOTAL DWELLING UNITS: 173 FUTURE 75.00' BUILDABLE NET ACREAGE: 25.77 AC APPROXIMATE DU/AC: 6.71 DU/AC NOTE: IONS EX LUDE ROAD RIGHTS-OF-WAY,OPEN SPACE AND OWNEILS'CNETER 0 50' too' 200' 0 � 0 0 0 0 Scale in Feet 0 North 0 BAkTER ��. OWS Vol 2 l ' ] D B T' I I PHASE I ■ 04,o OT 2 UBIDMSION N0. ■MINOR 5W111. p,(tERSE` 2A L0T SUBIDM90N MINOR I G TN a 1'VT SUB.P... BOCK O.E T LNEI.1_12 I 22 FM. - FINAL P.U.D. PLL>•1, - BEa 2 O th s ` -10 /or elevations 960 1.oT, Pu2uc PARK J EOT ioT" EOTeIx v Preparedb PC Development lOT 7 l0i B l0T 9 10 It1 R ♦NO OMNNE PETERSQN �t Swt BANTER W�FwSi Y' P � 6 BDZENAN.Mi 59]f a-9J9) BE NG Last Update: 9-20-07 . e °],4](E) fI8Si11'SB"E A 113�.tI7' ]1 u , Pusuc STREET ESWT .y..,'y ��• 1 D I o 2 ooC.'2103146 3 a 7 i0 ninn ,• - 2/9 P •E • SIM Legend: 1- .19' FPU6UC STREET ESMT 1 --Na9•f_ Ne9.11•s°'E ® so Dcr ': '� o]. '• Pos B 179.PC zoas PRIVATE OPEN SPACE PHASE q BOUNDARY 7 w.ar- soar-=w:ao'- -tear s96C- IRI. El w= soar--600B= w.00- w:w•--70. e. - w.w'-- - -filnao'- 61].e� w.ln'-- soar- .an- -Iw.aB' 46M •No BARTER MEADOWSPUDBOUNDARY _ (` LO { I g I MEDIUM DENSITY SINGLE-FAMILY IRIS S ;EWER $ t g g z m s s$ a s 5 S egg 7 g e S$ B g i t0 s g tt - t S$ z s$ s B a g$ 5 S B s$ e g B ,r ® MEDIUM DENSITYMULTI-FAMILY LOT ® EXTERIOR RIGHT-OF-WAY 59715-6w] \ I I m R si°m R si°-R's°00 m R Jz(p m R 7p0 m 72w m R 7MF0>o R rme m no D m R Jloo m 6,00 To m •P •G. ATTACHED _ Bwo R 7zoo-R)zoom R Jzao-R Jxa m 7xoo R 7z°o-R n1e--_ 1]s]e . sF o- g g 4 - Si - g SF - IF SF 4 g ^p'. O g A_ g 91 p INTERIOR RIGHT-OF-WAY ' - I .�P. I OWNERS'CENTER-INTENDED FOR USE SOLELY BY n'al w c'° .,d RESIDENTS OF PHASE q. BO.Oo• 60.Oo' 60.E 90 ooLOLO WAY Nevi'sBt Bo.w•_ _7o.ao' �70.m-.. 9o.a0�-6o.00'-w.0°' Yr O 60.W w.a0' ,m+EETt`ilan axr� , to '4-�a.NooN® 7isAT Inar L LO WAY - °rc I. 22..' ei 55.w• w.w• soar 50.ar 50.00 50.00 6o.00 6 ,60.00 w.ar 50.. 50.00' 50.ar 50.00' 50.00' w.ar w.w' 6273'6l g 'N N.NORD, W w w W W W i w w w W w W w w w t. I x TOTAL BAXTER MEADOWS SEM POW t $zags ao$ s. 8es$7s D g $ t s$2s asgas$sg$eS$7S esgBg to ' `N66'u'ww W,MT 59715 P'm I5500 m ,, s,;.�yn,,amrP I 18000 mODO� TO 85000_ m$000. T° el0el 120.00' .�."•21127... ...•. I $ g 4 p 4 p 8 E°00 $ $ $i p-�3°4 _g p Sip'_�F�Q Si 4 g p_SF p_�°3 4_ g DI 5 bI t! bl X 51 d - B 6f - JS - R bI BI $ It I PHASE 4 ACREAGE: 47.61 AC \ e ( ( (s3L) (RSL) (RSL) 1 (RSL) (R31) (RSL) (RSL) (RSL) (RSL) I79L) �J 7920 ar -- ao' -w.w'- w. Soar -w.m• -so. .eo. saoo'-_Sono- .ao'- ar- -Som• 5000'' Sono'--s9..1a 6 $ g Bye v 41awBLOCK 3 - - -- - s,9.i1 NW25 ww • hW4,•!E� I1Sw' I W., BLOCK 4 SId4W -F•(I Moo. LESS EXTERIOR R.O.W.: 3.37 AC '� • E w.00•- SDar -aom'- .olr'- w.ar -w.w'--Bm Iq'-- soa9- -°oar--w.w=-soao- -s9eo'- 14 $ )i0z° I W w w w w w w ° w w w w w w wfi $ $F DEVELOPABLE PROPERTY: 44.24 AC +' .N°5.1 s'F s$.tos$ttgBtz'$tsn14B 15s ttg t $tssgtag$t5s$teg$t•r$8tes8, Bt za Neau•ww 8+wo-goon- �9oob 85oDo 8 to I I fia9om_ _ �° gts°°om 91. �sell S � 123 I 1 _ SS004 g4 gC _g4 g4 g4 g4-e000 Si l] _SF4 g4 Si4 SF4 _SF4 g4 _ Si - Lu g )f2� 761e II R3L) (R3L)• 51(Ry7,)bi RSL)te(R9•)bI 51(RSL)5i(R3L)bl 9I(R9L)1A(nsF (R�L)51 bl(R9L)8i Z $ 2D 4,w PISS.w w.w' w.w 50.00• w.00' w.w' w.w' 60.00•o a w.w' w.w' w.w' w.w' w.w' w.w' 50.00' w.w' 50.00' 55.16 F, g NB825'ww I LAND USE ACREAGE BREAKDOWN -- .1 - - - / 120.00' �j TlPN'Se•E 415A0 � �� N�41,59Y 51516' C47 - _ - -_ R• �'. 795J)ele .00• Ja9.Jc_ � L_EMHI TRAIL DFidl�6• Q g +^ SINGLE-FAMILY RESIDENTIAL: 19.77AC 59_74 MOW w.W 6°.00• soar MAW Q4 6w.Bo' w.W 50.00' 50.011• eo6O• w.ar w.0o• w.w• 72.38 ! �'g NeaxslJw 4 MULTI-FAMILY RESIDENTIAL: 6.00AC 129.07 $ c29 Z 1 IIOAO' + I 3 N e w W w W Q 1 W e W 5- w W W IS 7e1e 22 sg2ts 2BggtBm$ tBm$ t7m- tB �� .t �g2S"' S'j 5- S8- g� , saB B1 ;.; s 120 SUBTOTAL: 25.'7'7AC / I y.syw 95/] R)zao m R' C.- 7zao- )zw- Q 7zo°- 6100 7xw- Owl•86000-8eaoo- eaoo--7zw m o7Z00 m Q)xw R 619° R NBB' 'uTy ST,�� Si 4_ $F Q _ 4_ $F 4_ 6F 4- $F C- $F 9F 4 -$F 4 $F 4 -.SF b 6F 4$$F 4'L$F -$F s _ 9F �- �I Neaz6•aety (BUILDABLE NET ACREAGE) yi bl bI bl b{ �T N17 1'S° IIB.B9' I 275 dig 16 19.19' 761. '+w 7o.1>e'- w.ar .ao� �o.Do' w:oa- 7o.1>a�-' 4I• - 7 oO .ar 5e:ar' -BMW eear w.W- -eaar 64 ' R$ 'Si° INTERIOR RO.W.: 8.671 AC s. PRIVATE OPEN SPACE: 12 AC [5�[+'S9•W to '/'. 569'4 _ _ - 120. wAA' B C 6 NwW41'55'E -_w1•5' - N6B'x6'N17 ' ,.p.FP liK DITCH To DE 0.ao' $ 7i00 BLOCK V N��t's6 - --- - 5°273' - 1Toao• 9• 3 s AawooNEo/� D ) g g 5 • 50.1W 7TV' ao- __ suet 7xaB' $ 7 = OWNERS CENTER LOT 0.676 AC 7819 \ 04 NB9'AO* SBS71'16 $REEr JGN oNEr s6 'B~` m ss.w w w ww w w ss. N. 1]w aos c TOTAL: 44.24 AC • "P 5i 77 to 1 I'100 m 11 m$go om t o- zo°m 7ioog vies I�� I }. f2o.oa zSF WE7tAn 103] ( _. SF 4 -g 4 -SF N g 4 -g 4 - g g- g 5 m 2SIT 3.71'SB`Nbl :R tJ.]I'`( g78° i1S � w.00' 50.00' 5000' ar w.ar w.ar SUIT f � T201r-I I 1Sa.11•MO41DADRIVE -, ,��• - •SINGLE-FAMILY RESIDENTIAL: N6V1,'5n $- -- - - -- tsgg. A 9.7e'e4ae N89'41'SB� Js°f' a{a \ a` 'S6�7zoo + etas9' ,IaO7' - 2s.or. v `�� $ - NW4t5e� 471.2e' azow MEDIUM DENSITY DETACHED q LOTS ACREAGE: 1 .77 AC w t #OF LOTS: 12 l0T 4 No.! + ,e •' m 5 MINOR SUBOMSION 9 9.51' 12�'Q•e1T-�gll 7e1e •rA' i 2$F a i� I APPROXIMATE DU/AC: 6.3 DU/AC B w,'JY591v �• ;,7 Neax6'Olw S2 e IF 'sa. $ e>� a,� x, '¢' • MULTI-FAMILY RESIDENTIAL: (� NB71]'SOYI lo c� °� ^ ( +6�S�a°L �• MEDIUM DENSITY ATTACHED LOT ACREAGE: 6.00 AC 3 b$s} *�} "evxfiosw #OF LOTS: 1 �,�7924 ,,sa w �� J APPROXIMATE DU/AC: 8 DU/AC IF N250'� NBosx`a•D9 8 IF `.a. • C VCIO0rRo0 • •,•.•,� 12g 6ZOar 1r M1 ® -----/--- "� ---- SFa,' I • OWNERS'CENTER LOT \�� UNEA OS -i]1,V�.r�F -----SfRKFUDTF911E -; - P O]1 t1 7fi16•4 f6.6e'Ix0.00' g 20]6 g•�& n�;e /� .IL.�HOR,7PP gSti71'U'ALNA GN'MM B I 179 FM. • PRIVATE OPEN SPACE 9.123 AC. °JJ 7 2'�tg •g DEVE OPME OPTHI 77MB OF S<R n _ 7�7 FFna,�s 7BIB'� JB• + DCVBIAPMCM'OP2111°IdF 440�"'ar N •'Nm'9 g.p 8 /° 8/'IrOeT, CASCADEWA OE`/EYNE NNINCS.INC. F27 o 50' 100' 200 Oq °Je • T. 'S ��B e ,+, 8. � ss.a•TO.ar I 6OZEWMPN u]°sD 5-=6 to �; e g 8ex6'�w DOCUMENTATION OF PROVISION OF 20 PERFORMANCE POINTS Scale in Feet ,z e °Je :e 63.'47,. W $ST �? „ I TOTAL PHASE q ACREAGE: 47.61 AC REVJE��APPROT/,- D \ f _ LESS INTERIOR/EXTERIOR STTREETR.O.W.S: 12.041AC �' 1200 GROSS ACREAGE(TOTAL ACREAGE LESS AREAS DEDICATED TO PUBLIC): 35.569 AC -PT N F PLAN"*,":�.�1 g Ql $ 80A uu EASEMENT WINN 6 D EV u - 1 ( \ OO AREA REQUIRED FOR PRIVATE OPEN SPACE TO AND ib t \ O m & I o �02o DOCUMENT ACHIEVE 20 PERFORMANCE POINTS: 7.114AC JA 7w \ O'x ' ,xaos P I AREA OF PRIVATE OPEN SPACE PROVIDED: 9.123 AC . c. S. - - 45AW N000'OO�N I/s.os•J3t MDN ANA 15 SURPLUS OPEN SPACE AVAILABLE FOR CARRYOVER TO FUTURE PHASES: 2.009 AC �JJ/ 802E,uN, 1 I TOTAL DWELLING UNITS: 173 lll/// �- ^•���� F=RE 75.00• DATE • I BUILDABLE NET ACREAGE: 25.77 AC APPROXIMATE DU/AC: 6.71 DU/AC I I NOTE:DWELLING UNIT PER ACRE(DU/AC)CALCULATIONS EXCLUDE ROAD RIGHTS-OF-WAY,OPEN SPACE AND OWNERS'CNEITJL r• 3 . F I I �, r • . . I i I �� p i d • ?� .., 1. ,.... �^ i w --�- ------------------------ m �'1 O o m VAQUERO PARKWAY s v a s 00'00 1].00' A M 1/1 O n.20' 9__________IliO_00 a A•.. cg73]� I or a r,� i 0 00 Fyn 3 D �� Z a 8 ! wrtavrw I i >A r•1 c sia c m _`iA �n7oa v �Oq 5(10'19'02T'\ 170.01' E1S a swle'021 ,OD'O9 16r,L290S 1 oA m .W'Og to;- .O.zl� w 20 . o yarrzls 0p°"ta \ C1 ao• 1 1 500.19'02'E r0 n —.` \ I z a lxo.ao' /'' q It m (, lR ot3 t ,»s 500.19'12-E 120.00' ' -- 1 F. S4 0r yp cr9Is "C LEMHI TRAIL DRIVE nmle'oz'r ( [--------------- L v n n^^$ ` s a 8 u 100.00' 100.00 4 5001eox1 120.00' u.1,w a �^ 1s 1a woo' a; 1p 8 q�ul 554 '2' ♦ 7. I 4 q8m I.10obw Yr$$$$$ /3WIS-02-E SWIS'oxt. 119.52' I 'I 120.00' <� 10040' � 100.00' ,7 1 N N / H g N I i ��8L�af68eo8� :GG- t - � m Y JI g�N�o $ g "a1 norle'l.ir:no01S'15v r 1 soo19'02Y sovlB'o2t SWIS'022 O SWIV021 0 i pq 50.00' A.ao' i 120.00' 120g0.00. ' ' 10250.00• O 1200.00' _ w'mS�R '8 so won >p' ; swis'oxt ^g m SWIS'02T Ix ^1 / I Sw18,021 I [ 7L+ } 100.00' 100.00' ' I S w m TI /, ' 120.00' 15 #' .�1' �i g SS 120A0' ' 1 q m 8 sovlemt FL { 9i saoleroxt ^I g q m 8 I 'r�' too. c o 8 1 / / So171ab2Y 8 IS �n S 50019 oxt 1 20.00 Y I 8�N I t; R $ q I N g I 120.ro• I g g S g; g Sof71S'02't sovle'021 g ;� I 8 Alm , N m 8 I lao.ao' 7 lao.00' I $ N m '8 }5 I _ N;oo savlamt 5oala'oxt �' 2255 766�� t�i 1155 :S H I >S �'r S 02 H ipS� o Ix0.00' YYYY - Ix0.00' I ^I Amy � SO01B'QxY 5001a'02Y I # ® m Z m F5 oQ $ q 8 loom, 'a ' 100.00' I K S O m a $ ' c $ I 8 �+_ N a0 �� H I 8 66 O � I r, o swia'02'T $ q 5 N '' 38 a swle'o:t ^ 4 S0f71S'mt ; c'2 SW18'02'E I y= Ix0.00' 7S ' 120.00, ;1a N m C"' x730'I x750' , W m 27.•0'12750' V I �, g 100.00 100.00' y1 y � p A A a' I - ,� 1_g mm' VL O V1 Ix0.00" o- n ___q Gg 100.00 000o ao.00' g r 11w18 y $ CASPIAN AVENUE ,02V 8 0 A z , ------- ----------------I---------=�--- D rr) 15 $ -1 r rn m o ` NW1a'021 670.ao'(620.ao'BE1tE0n IpnS) 8 I O z S. o 1 = z m 07 M z CD z I I C•7 �o LO --- ------ n O r m A O z Z ,^ mc �' c ;o O z A ;zR0 r n z 1N N W 114�i i �•a '� r�.1 7 z O Q izz 8Aga AAA a R va 5aa a at �^ ,ate f ,� u;�l o q €g a m= ''� . 0 1 II6 . .O I o Alz a'S m 9m N Z$ d 1 ;! Ii ec "1E '� T^� m .^.c �3 4 ` T^ S' ?-g �� O� r dd i 9 i� U 1 i 6 $ Y� „fe, gg X: " k a Z. as 'FIRM �.-'aadA , 8 0 4•ja'�QaaB''� �ze-gcp ���� aHs� ��I �I - g Ia�La 3'saa:<<yga'.i g� 0f ;^If -9"1�•'q EI g —; �-s�z a d a sw3�83."tl'a$ aa" gas fib �I , a^Raga e4��saj�g L--1 s"'I� 8 ,. 1 set§a;d§ ° ;y" �.^ .5g�4..,zs3 1 I ' I, sawn lmE DAVISLANE -'------------------ I •• 0 I� ' -wlavt Nlpt[n a°m s ,p $. wBUC]In[R—DOC.121031.3(n - c A --------- -------------r---------- - ----- T r 7ttn IrI HI 4Re aI'$8 °--H11 �°xoo 3,g� �.,'�` �e � ��o $oi gs �.g� }k2 R R 1 �2O�� ITIs3s3"- �.R3. 3 �Bg 3� m yZ> h�1 y Zf1r mm r k n "'a�' V, �O7y OK _;•a8 H� 1N H �� �aYa3 3 $3 geS$ $'3c ;;R E^ s u 0 a•3.�a 3'� 3' $�J�g c8 � + k °' ' vz Om H`^ � �4 $3:�R,�_o3� �8s9' 8ecm 8eo^ S" �fi � a �'= I � � `b�''c s«�, � :«�.v wroruna � a�$c��g.3 $��8e'� >��`� G�� �$ �� '• +� �3 x�g� 8'S +� �, ,'� ��•saa: _R" gas" A - a a $: o 00 toz t ozj 8 0 i �. p, .. / .. � . � �� v ., ' � � i t� �� b �, # ,d "t� � :� ,fir ',�ra v �r �f���'��;�"�" � •3��� �� ��;U_ � .� ,, .'x .� � "'` _. , �'6'""`5'-'�f' :._;mac.i __��-z.-ab,_, -,.,��._e-._�..-=-.-r,,:.s.srn�r�ea^ �+ce4 ac?-;`>�._.�:».-,J.mo.'*r�n-�a.� �e-:r.+-:�.� .$�� - - —' .. � � • 1 �. I �I DRAFT PLAT OF BAXTER MEADOWS SUBDIVISION, PHASE 4A A PARCEL OF LAND BEING LOT 3 OF MINOR SUBDIVISION NO. 400 LOCATED IN THE NE 1/4 OF SECTION 3, T2S, R5E P.M.M. CITY OF BOZEMAN. GALLATIN COUNTY, MONTANA TOTAL AREA:47.613 ACRES q CERTIFICATE OF DEDICATION I (we), the undersigned properly owner($). do hereby certify that I (we) CERTIFICATE OF SURVEYOR have caused to be surveyed. subdivided and plotted into lots, blocks. streets. and alleys, and other divisions and dedications. os shown by the plot hereunto included, the following described tract of land. to-wit: Lee I, the undersigned. Steven C. Anderson, Professional Land Surveyor, do hereby certify that.f.r.or between March 16, 2007 &August 30. 2007. the PLAT OF ,�.. BAXTER MEADOWS SUBDMSION, PHASE 4A was surveyed by me or under my direct superv:Sion, end plotted the some as is described and shown on the DESCRIPTION: occornponyinj,plot or certificate of survey in accordance with the provisions of the Montana,subdivision and Platting Act. §76-3-101 through 76-3-625, M.C.A., A parcel of land being Lot 3 of Minor Subdivision No. 400. located in the Northeast - and the Boz;mon Municipal Code. Ouarter of Section 3, Township 2 South, Range 5 East. Principal Meridian Montana, City I further'[art iy that all monuments will De sal upon or prior to of Bozeman, Gallatin County. Montano. completion oldconstruction or when reasonable weather-reloted site The described parcel contains 47.613 acres, more or less. and is along :kh t nd subject conditions oygt. but no toter than May 31, 2008. to any existing easements. CERTIFICATE OF COMPLETION OF IMPROVEMENTS 1T I, Michael E. Potter, President end I, Thomas L Clinton,Vice President. both of t Potter Clinton Development. Inc.,and 1. Keith E. Waring, a registered Doted this_�doy of 200_ The above described tract of land is to be known and designated as "' professional engineer licensed to practice in the State of Montano. hereby PLAT OF BAXTER MEADOWS SUBDIVISION. PHASE 4A. City of Bozeman, [erllfy that the following improvements, required to meet the requirements of Gollolin County, Montano; and the lands included in all streets, avenues. this title or as a condition(s) of approval of the PLAT OF BAXTER MEADOWS even C. Anderson Montano license No. 12251 L5 alleys, and parks or public lands shown on said plot are hereby granted SUBDIVISION. PHASE 4A hove been installed in conformance with the approved and denoted to the City of Bozeman for the public use and enjoyment. plans and specifications, or financially guaranteed and covered by the Unless specifically listed herein, the lands included in all streets, avenues. improvements agreement accompanying this plot. , alleys. and parks or public lands dedicated to the public ore accepted for public use, but the City accepts no responsibility for maintaining the Installed Improvements: rater, sower and stormdroin infrastructure, base course some. The owners(s)agree(s) that the City has no obligation to maintain and cushion grovel, .curb,and-gutter end asphalt street improvements. the lands included in oil streets. avenues, alleys, and parks or public lands hereby dedicated to public use. The lands included in all streets. Financially Guaranteed Improvements: Landscaping. streetlights, public and ovenues. alleys, end parks or public lands dedicated to the public for private sidewalks, street signoge,'striping and detention pond work. which the City accepts responsibility for maintenance include: BAXTER CERTIFICATE OF COLNTY TR AC R R LANE. The subdivider hereby warrants'ugainst defects in these improvements for a - 16 period of two years from'the dole of acceptance by the City of Bozeman. The I, Kimberly Buchanon;Treasurer of Gollotin County, Montano. do hereby The undersigned hereby grants unto each and every.person. firm or subdivider grants possession of ill public infrastructure improvements to the City certify that ll!e accompanying plot or certificate of survey has been duly corp oration. whether public or private, providing or altering to provide :ccr of Bozeman, and the City hereby accepts possession of all public infroslruclure examined onr(rlhol all.real property taxes and special assessments telephone, electric power, gas, internet, cable television or other similar err. improvements, subject to the above indicated warranty. .. ossessed and levied on the land to be subdivided have been paid. utility or service, the right to the joint use of on easement for the Doletl this__ day al 200 construction, maintenance, repair and removal of their lines and other (ociGties in, over, under and across each area designated on this plot as UTILITY in, to have and to hold forever. By: Michael E. Palter ,pole: - Deputy Treasurer - By: Thomas L.Clinton Dole: Dotetl this_ day of . 200 1 Montano Lic. No. 15161 PE Dole: Owner: BAXTER MEADOWS WEST, LLC - �' By POTTER CLINTON DEVELOPMENT,INC.,THE MANAGING MEMBER OF BAXTER MEADOWS WEST,LLC - - - - - -By: Director of Public Service Doter_ C�_RTIFICATF OF EXCLUSION FROM MONTANA DEPARTMENT OF ENVIRONMENTAL QUALITY REVIEW Michael of er, President Thomas L Clinton.Vice President The PLAT"OF BAXTER MEADOWS SVBDMSION, PHASE 4A, Collolin County. Montano. f,� an• - is within the 7City Of Bozeman, Montano, a (irsl-closs municipality, and within y the planning!dreo of the Bozeman growth policy which was adopted pursuant to §76-1-601 of seq.. MCA, and con be provided with adequate storm water `t• b drainage and adequate municipal facilities. Therefore. under the provisions of • STATE-OF MONTANA ) - CONSENT OF.MORTGAGEE(S7 §76-4-125(2)(d) MCA, this subdivision is excluded from the requirement for �•, - Montano Depnrlment of Environmental Duality review. County of Colloti" ., I (we), the undersigned mortgogee(s) or encumbroncer(s)'. do hereby join in and Doled this day of 200_ On this_ day of 20 , before me the,undersigned , consent to the described lot. releasing g my (our) respective liens. Claims - encumbrances as to any portion of said fonds now being plotted into streets, Director of Public 5ervce Notary Public for the State of Montano, personolly appeared Michael E. Potter, avenues, parks, or other public tires which ore dedicated to the City of City of Bozeman. Montano known;:to me to be the President of Potter Clinton Development. Inc.. Bozeman for the public use and enjoyment. the Managing Member of Baxter Meadows West. LLC. - _ 9`g By: BANK OF BOZEMAN '�•: and the person whose name is subscribed to the within instrument and ocknowledged to me that he executed the within instrument for and on behalf of Doled this_ day of 200_ Baxter Meadows West. LLC. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal'the Name & ri-tie b,gnoture - day and year first above written. :CERTIFICATE OF DIRECTOR OF PUBLIC SERVICE (SEAL) Notary Public for a o e o Printed'Nome t^' L Director of[Pubkc Service, City of Bozeman. Montano, do hereby certify Residing at per- lhol the accgmpany;ng plot has been duly examined and have found the My Commission expires `y' same to conform.to the low, approve it; and hereby accept the dedication to the City oft Bozeman for the public use of any and oil lands shown on STATE'OF MONTANA .•. the plot as !icing dedicated to such use. County of Gollolin ,•T•,, Dated this �d%.Of 200_. STATE OF MONTANA � On this tloy of . 20 • before me the undersigned County of Gallatin { �rcc or o Public mce Notary Public for the Slate of Montano. personally appeared Thomas L. Clinton, On this day of 200 .before me the undersigned •'ly City of Bozeman, Montano known to me to be the Vice President of Potter Clinton Development..Inc.. ,- Notary Public for the Slate of Montano,personally appeared the Managing Member of Baxter Meadows West, LLC• known to me to.be the of BANK OF BOZEMAN. •- ary the person whose npme is SuDsuibe0 to the within instrument and' and the person whose name is subscribed to the within instrument and acknowledged to me that he executed the within instrument for end on beholf of acknowledged to me that he executed the within instrument for and on behalf of BANK OF BOZEMAN. Baxter Meadows West, I.I.C. - . „IN WITNESS WHEREOF.I have hereunto set my hand and affixed my Notarial Seal the J�FRTIFICATE'OF CLERK AND RECORDER day and year first above written. IN WITNESS WHEREOF.I have hereunto set my hand and affixed my Notarial Seal Ahe 1, Charlotte: s, Clerk and Recorder of Gallatin County, Montano• do day and year first obove written. (SEAL) _ •�•Nulory Public for the State of MONTANA hereby certilyll I the foregoing instrument was filed in my office at •Printed Name _ __ocloc k; .M., this _ day of _ _, 200__. (SEAL) Notary Public for the State o - ^Rzsying at and recorded`in Book ----of Plats. on Page _ , as Printed Name "Y,rr - -'MY Commission Expires Document No __C____________- Records of the Clerk and Recorder, Got tin County, Montano. Residing al K' - - My Commission expires Deputy Clerk and Recorder t �I 1 SHEET 2 OF 2 516-Ph4A-PLAT.dwg ' DRAWN.BY: KLS,SA DATE: 09/19/07 IQUALITY CHECK: lrD � SURVEYED BY: JOB NO. B05-016 FIELDBOOK IW4e.141W THOMAS,DEAN&HOSKINS,INC. 1 ' ENGINEERING CONSULTANTS GREAT FALLS-BOZEMAN-KAUSPELL MONTANA SPOKANE WASHINf.TDN LEWISTt)N IDAHO �. ,.� . i ., __. Y '��"""j�-��.-�'-YS'.�G.'�'^�^`.�,"'.�.n-'�-+---c.J--�-�•- ..�..-.-,�-.���... �-._�-+.q` -='�_-_�.._a... v"'ti-�w�:::iar+- -�.+.ri+Tcc..T•CP�+4--1't'-.T'���.'-�:++r.<��:s�r��._ic-r.�-:=�:f-e.i.-.-�.i....._ _� .� z=�-�"tr��..% •� _ w '. �, • • • 3 , PHASE 4 The Crosstn = ECK \I D�84LARl.ry.! _ jY � llll lllll Baxter eadows" P.- , .., U. D. JJR DESIGNED BY Z JJR w DRAWN BY - 0 U) JJR z CHECKED BY S Bozeman, Montana DATE/07 06034 ,- PROJECT NO. a • 06034_TRLE.DWG c _ FILE NO. U - :.^nrr .,,... ,. ice;, -. ., z 7:> 71777777777 Q w P290 Q _V 1m00 O �ua o�� DRAWING INDEX U am ; i LANDSCAPE & IRRIGATION OPEN SPACE PLANS m� .. T1 TITLE SHEET ®•- ___....................._..._........J � ..,. L1 PLANTING PLAN eQQD �a L2 PLANTING PLAN, TRAIL PLAN & NOTES 41:1 ® aocia� �� , g cn a d L3 PLANT SCHEDULE & PLANTING DETAILS D IR1 IRRIGATION PLAN&LEGEND 3 � ® DO ET _ i ° O IR2 IRRIGATION PLAN U IR3 IRRIGATION PLAN IR4 IRRIGATION PLAN IR5 IRRIGATION PLAN MTM IR6 IRRIGATION PLAN& NOTES IR7 IRRIGATION DETAILS m! �� -- i US i � ? i FR0+AREA d — I W H HW W DESIGN TEAM W NORTH OWNER LANDSCAPE ARCHITECT 1 PROJECT LOCATION MAP PC DEVELOPMENT NOT TO SCALE • PEAKS TO PLAINS DESIGN, P.C. 3985 VALLEY COMMONS DR. 208 N. BROADWAY, SUITE 350 SHEET BOZEMAN, MT 59718 BILLINGS,-MT 59101 (406) 586-9922 (406) 294-9499 T1 • • • .� q..�. .� �., n' °I.:�_ZY"Hi R3r@�". $ .. :5 Yi J....�1'''t,�r C.�:'.'t; �� . . - ^� �5j J'. .fir 1 .a�^i..�_�.wesor•a.�e+P.�.�_.�.,__-'-�_�t-r-�.ti:��..:�:.--,..sb�:.^+�_—�s_.,.,�'.^n_ .srrsq- �... .� ' e 4 a.� � � .. . �, I C.J ,_• r35 T I x : Y & r f) u c P) t 3 ., cV i y n ......... 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E G N 3 a^ I O r, =O lm/1 �. o G > 3 rz m i Z a N O > n Z 2 m m zmm y 'iP'7.I1 d d b AIf3 3m54"s O i)ESLY .l.a,O.�s,b�a 1WaE' .pqq mrA z :'. _ ... a r t .aa ram ,.r ar3 ,• , tlEz::>r#,P..v.,.,,..,i-r. -I O I = SHEET TITLE PROJECT TITLE r o z o °a m i` o 1 m 11xx,uuuuunq PLANTING PHASE 4-THE CROSSING o o x F _ �'�+� r PLAN BAXTER MEADOWS PUD PEAKS TO PLAINS DESIGNS b o a` BOZEMAN,MONTANA M8 NORTH BROADWAWOOAY.SUITE350 Q �� A BILUNGS.MONTANA 59101 14061294.9499-14061256-7123 FAX 'rfC�nw Ixi`xxxl``5``` W W W.PEAKSTOPLAINS.COM C)2007 PEAKS TO PLAINS DESIGN,P.0 � . r T t.,� f4 .a _�: „-,�z;_.. _. ��;-� � „-`�is�°"a c''__`r"s`;-mar'"F,sa.'�`-.�`' — _ - _ - � _ _ _. "°� .. f;, t i � • ,. m � RD o ., Vi N 31mZTZ�1k 2� ON5 "" 1�© o z_ Z v f � C l�f`(}bn' mQI N y 7R r'�•�` ye. 1.y L5k u . . .� �l nn �Oav iQ, l y ij 71 yl zF ,y m / Oy y � DO A iN W Nx(�U mx'(� CCCRRR_1� O V ` ]0 R T z lll��� �UI�I��rtttttt k ti X. N OA tp N -- Pop- ANC DN IT / /.A•, �� \ \\' 3:i';:I rl Lcj 1�-yy 7{ i z :W r . OP N f8R �F� r rz (crmz p ail A=1 g X m Q 4 UUf >p7m U y D y y fil m b t'a _._... LD P g F ` yppp3 N t� ..o , $ I . o N R p I � $ A m� D O n i zz .I .. moygyg o 8= z cnN m AO y nmiA m z •.\ .m n Rl ,..I'-I. e7 10 9 r uyS�'1 A V O v m SNug 2 p yN q O m° I a I0� p Nf n t�jl, �$ iN I D p Ir 20.. ~ �� ��'�D D� � I v� ° > Iy-O pp°<ylpj, o n0 3I' • 5 < z f l 1'1 ..............d f, _... «........ 'i3 ......... � � � � A„-WAY...._....._....__.... �I z pr fll V L �I_' AI frjlTl ... yy SDD�V0I jI •�-`--;'"csn:<. —_. -. ° .mom,• N<;... ..,,--.=%-..�i�..e - � ,.,,^,s•— ... .__ '._,____. ./._ _ �_� �,st �'i . Mtn�ma� �'-awe,� u�3•a^-�r -.xr ' +"'� . 3, O c rn - »,. 3 t3 ,za I Ill :2 v m u - n c, c22 � z r - D Omm� N PO G 00 n nz-j D C~ fctxx m a y o Z2rnD m $ (� G � G'OCrn 0 . zz- < y rn rn m co r En SHEET TITLE PROJECT TITLE "o a c °n m i 1 o` m ``\p,„Ilubpipi PLANTING PLAN, PHASE 4-THE CROSSING A m o m z p ., N TRAIL PLAN& BAXTER MEADOWS PUD PEAKS TO PLAINS DESIGNS o o m m m NOTES BOZEMAN,MONTANA 208 NORTH BROADWAY.SUITE 350 BILUNGS,MONTANA 59101 (406)2949499-(4061 2547123 FAX ��'q�Cp�.. ••' WWW.PEAKSTOPLAINS.COM C)2007 PEAKS TO PLAINS DESIGN,P.0 .� �l � . '99k y' 'C,, ie'.q,,;N .} '. � `N�;y: ICaY .� ���.�,�.. �� ":.5 J .� 11 �•.e I . i . ,� . ��,,, , , . _ , •PLANT ALL TREES TO HAVE THE SAME •PLANT ALL TREES TO HAVE THE SAME BOULEVARD TREE SCHEDULE RELATIONSHIP TO FINISH GRADE AS RELATIONSHIP TO FINISH GRADE A. ENE — TOTAL ALL SHEETS. ORIGINALLYGROWN IN GRO IN THE NURSERY. ORIGINALLY GROWN IN THE WRSER. `1•I Ec —sy-mTa--f 9 BOTANICAL NAME COMMON NAME SIZE I ROOT MATURE SIZE NOTES PP1RNE AS SPECIFIED TO RETAIN PRUNE AS SPECIFIED TO RETAIN DEGDUOU9 TREES NATURAL FORM NATURAL FORM - •/ I�VC(/ AP II AGER PLATANOIDE5 ROYAL RED' ROYAL RED MAPLE - IS'GAL. B a B 40'H X 40'W HArKBERRY �a •STAKING I5 MANDATORY. SUBMIT A •STAKING 15 OPTIONAL. ANY TREE" %•'f t44'�� 6NAL T 10 CIO 6LEDI75OIAGTR �IANT}l05 5KYCOLE' SKYLINE"HONEYLOGUST IS•GAL. B e B 45'H X 40 W —S PROCEDORE FOR F SAPPROVAL BY THE P41LLL BE REEQUIREO TO BBEE ED 13Y HINDS OR STTHE CONTRALTO AT NO D REASONS YI� -'L�311 OWNERS REPRESENTATVE. FEE TO THE OWNER SUBMIT A OM 3 GUERLUS MAGROCARPA BUR OAK 2'GAL. B a B 60'H X 50'W SHOP DRAWING FOR APPROVAL BY THE (j OWNERS REPRESENTATIVE •1 JJR/CRW ORNAMENTAL TREES Il PM 14 PRUMF MAAGKII AMR GHOKEGHERRY � 15'GAL. B a B 25'H X 25'W SINGLE STEM (7 DESIGNED BY Z SR IS SYRINGA RETICULATA'IVORY SILK' IVORY SILK-IAPANESE TREE LILAC I5-CAL. B a B 20'H X I5'W SINGLE STEM 5'CHIPPED WOOD;LOCAL OR61N 0' JJR/CRW W q KRAFT PAPER TREE WRAP,REMOVE AT FINISH CHIPS,HEALTHY TREES ONLY,5'-0',OIA. DRAWN BY o WETLAND PLANT SCHEDULE - TOTAL ALL SHEETS TREE SU OF;THE L "SE SI'"TM 1OD' GRADE IN LAM AREAS,TYPICAL JJR z TREE GUARD;LARGE SIZE I I- ' PROVIDE b'MIN.CLEARANCE BETh.EN CHECKED SYMBOL Q BOTANICAL NAME COMMON NAME SIZE ROOT MATURE SIZE NOTES CHECKED BY IL DECIDUOUS TRIMS 5'CHIPPED HOOD,LOCAL ORIGIN OF I I=—IIII ;_: ... BALL AND PIT WALLS;ALL PIT WALLS d LFiLAI;HEALTHY TREES ONLY,5'-0'DIA. I I=1 �4.`///'`� `^� SHALL BE FRAG711RED AND UNGLAZED 08/27/07 p 30 PORILUS TREFNILOIDCi OUAKIN6 ASPEN IS'GAL. B a 0 43'N X IS'W WETLAND CITY IN LAWN AREAS,TYPICAL I�I I— DATE REMOVE BURLAP FROM TOP THIRD OF W 20 PORILUS TREFULOIDC-5 OUAKIN6 ASPEN IS'GAL. 8 a B 43'H X IS'W ZONE I UPLAND PROVIDE b'MIN.S. AL CLEARANCE BETHEEN y , BALL 6 PIT WALLS. ALL WALLS SHALL -III—I I �-..LL. = PLACESROOTB LL;AN GUT WIRE BASKET IN FOUR 06034 EE FRACTURED a UNGLAZED PLACES AND FOLD DOWN 8' i PROJECT NO. a 5 SALIX lASIANDRA PACIFIC WILLOW 15'CAL. B a_B 3H'H X 30'W WETLAND OTYIII pLp,NnHur 501E MIX,AS SPECIFIED:F7 O6Q34_LS.DWCi p REMOVE BURLAP FROM TOP THIRD OF III=N FOUR _ _III—III=1 I I=III= a IS SALIX AMY6DALOIDES PEACHLEAF WILLOW IS'GAL. B a B 40'H X 15'W WETLAND OT' PL.4GE5 AND FOLD DOWN bb I ROOTBALL,CArr HIRE BASKET'NGHES : FILE NO. 20 PRUNUS VIRGINIAHA COMMON CH GAL. CONTAINER 5 GA CONTAINER 25'H X 2O'W ZONE I UPLAND _ '^ PLANTING SOIL MIX,AS SPECIFIED DE`I SHRUBS R A "ETLAHD CITY Y DECIDUOUS TREE CONIFEROUS TREE o �50 I WETLAND QTY 1 50 SALIX 6EYERIANA 6EY9i WILLOW I GAL. CONTAINER la•H x Ir w WETLAND QTY 1 NOT TO SCALE NOT TO SCALE A o ' 59 5ALIX LUTEA YELLOW WILLOW I GAL. CONTAINER 14'H X 11'W I^IETLAND OTY _ PROVIDE 2 A6RI-FORM a Z$O OPEN SPACE PLANT SCHEDULE - TOTAL ALL SHEETS i J TABLE75 PER SHRUB Dga SYM Q BOTANIGAL NAME COMMON NAME SIZE ROOT MATURE SIZE NOTES PRUNE AS SPECIFIED,TO �m DEGDUOIY TREES1 RETAIN NATURAL PLANT X - �`z a FORM. GO 5 GELT15 OCCIDEWAL15 COMMON HAGKBERRY 15-GAL. B a B 45'H X 40'W - Vj OZ m R' FP 8 FRAXINUS PENNSYLVANIGA'RLLSBY' PRAIRIE 5PIRE ASH I5-CAL. 54 B' AS SPECIFIED. FULL F➢1LGH 50'H X 30'W TYPE OF MULCH AND DEPTH 0., PT 40 POR.LU5 7REMULOIDES QI/AKING ASPEN 15'GAL. B a B 43'"X IS'W 2'AWAY FROM TRUNK Ar ' `1 OM 1 II 1 QUERCl/5 MACROGARPA BUR OAK 2'GAL. B a B 60'H X 50'W ...� ORNAMENTAL TREES WEED BARRIER FABRIC MULTI15-H -5TEM W HT PLANTING MIX,AS SPECIFIED. MULTI-STEM 6'HT PLANTING DEPTH TO MATCH AMELANGHIER X NDIF RA A SERVIGEBERRY IS GAL CONTAINER 20'H X25'W FIN.GRADE FINISH GRADE. PM 6 PRUNUS MAACKII AMUR CHOKECHERRY • IS-GAL. B a B 25'H X 25'W SINGLE STEM PV 3 PRUNUS.VIFGINIANA'CANADA RED' CANADA RED G"OKEGHERRY IS GAL. CONTAINER 25'H X 20'W III-- { —TOPSOIL VL 14 VIBURM)M LENTA60 NANNYBERRY VIBURNUM IS'GAL. B e B 15'H X 15'W b'MIN.CLEARANCE } CONIFEROUS.TREES 1 REMOVE CONTAINER BEFORE JIJNIPERL)5 FULORUM ROCKY MOUNTAIN CONTAINER 1 _ PLANTING. TAKE DARE TO �•/ ICJ NOT DISTURB ROOTBALL. 7 DECIDUOUS 4 CONIFEROUS SHRUBS O'2A 1 a 'H I—� I-1 I I—III—III III BOTTOM AND SIDES OF PIT Z �' • AA ' I I I I I I I—I I I I I I III I I I III I I I I I I NDA UNGLAZED.WALL SHALL BE FRACTURED SCHEDULE FOR SPAGIN6 REGIO PLANT AT EMENTS. U) Cl) 'dr A I -14 0I A AN PEA SHRUB .5 SAL, CONTAINER " 3'HT.MIN. O iCy SHRUB sty GROUND COVER SPACING v.Q OO „ I I I R ,•H NOT TO SCALE y NOT TO SCALE IWrI C, • 1 L I ZA CONCRETE WALK �! A TA CONTAINER 6, PH ALS t ORNAMENTAL BOULEVARD F=1 -4✓'+ PERENNI 6RASSES - FINISH GRADE,LAWN FbUND,FORMED I I I -I I WITIITOP50IL U� W . N . r, DEPTH F O R A AI 'H _ til ARIES EXISiI*GRADE U PA (21 LAN — W f� —III— I. I I'I I—III—III III b j" gL° m i a POINTS CALCULATION FOR OPEN SPACE POINTS REQUIRED: IS 3 INSTALLATION OF 50%OR GREATER DROUGHT TOLERANT SPC-GIES OF&RASES I I' 6'STAPLES TO ANGNOR HEW _I' —III �� //. / �•:.�"';•.0:;•.1,'!•. 5 DROUGHT TOLERANT SPECIES FOR TS%OF TREES a SHRUBS BARRIER AT 5'D.G.;12'O.L.AT —I 1 SEAMS AS REOUIRED ;\ 5 TABLE 48-2, YARD NORTH OF'G STREET'0p10 LF)(EQUIVALENT LMlDSGAPIN6 THROUGFIOUT SITE) I I I I I = MULCH,TYPE AND DEPTH AS 5 TABLE 4&-2, YARD SOUTH OF-C STREET'(673 LF)(EQUIVALENNT LANDSCAPING THROU6HOU`r SITE) I III SPECIFIED - IB TOTAL POINTS KIMDIFIED BARRIER FABRIC,AS WIDTH VARIESSPEC ,SEE PLAN \� \..\.•' III III METAL EDGING,AS SPECIFIED. H INSTALL ACCORDING TO CONCRETE CURB a GUTTER _II_ MANUFACTURERS SPECIFICATIONS H - [W� BOULEVARD MOUND LOCALLY AVAILABLE 5 METAL EDGE &MULCH 6 NOT TO SCALE BURYJ43 Or BOULDER, I DAEME ER NOT TO SCALE 2'MiN.-3'MAX BELGV THE SURFACE ^^a a BAXTER LANE SIDEWALK ROUND TOP OF BERM TO LOT LINE ACCOMMODATE MOWERS ROI.TOP OF BERM DAVIS LANE 51DEWALK REFERENCE LINE, TOP OF 6A0 TO ACCOMMODATE I150 SIDEWALK 6RADE 6A0 MOWERS +I�—10.00 F N 7.1 SLOPE NOTE, ALL DIMENSIONS ARE IN FEET UNLESS OTHERWISE NOTED. UTILIZE EXISTING TOPSOIL ON SITE p I `LOT LINE p UTILIZE EXISTING TOPSOIL REFERENCE LIKE. TOP OF FOR BERMS O ON 517E FOR BERMS SIDEWALK GRADE I BAXTER LANE OPEN SPACE BOULEVARD BERM 1'-0" DAVIS LANE OPEN SPACE BOULEVARD BERM 9 BOULDER PLACEMENT L3 SCALE: 1/4"= SCALE:1/4"=1'-01• NOT TO SCALE i .............. ................ ................... cl. v/-- C, x 1 r CD ........... ............ x x (i) A x % > A El r -s" ?( 0 % J un co Z > T-1 wi�U i7n m ..................... 9 r -T, -.,1.............. 0Y 0 ogi H -0 U Q(D 0 0 11 > 6 Z CD > r EE < m zs T > X N > > .... ..... > HATC-KL ZHEETIATF Ul- W SHEET TITLE PROJECT TITLE T o A a m i 0 00 p 0 8 1 0 IRRIGATION PLAN PHASE 4-THE CROSSING go 1 ?3 BAXTER MEADOWS PUD PEAKS TO PLAINS DESIGNE p BOZEMAN MONTANA BDWAY 350NORTH.ROANTANA SUTE BILUNGS MO 59101 1406)294-9499-14061256-7123 FAX WWW.PEAKSTOPWNS.COM C)2007 PEAKS TO PLAINS DESIGN,P.0 I I �� � . _ ' , . . - �`' i f i� ` ��` S �. �[' J BAXTER LANE �••-, 1 ,:�; ...... - f F,, .........._......_._....._.._... .......................—_. _..... ... :0—E LO CflW. d '• l• �' > c )? o ,\.' \:�� ! i i , — } i _ -'=!•i 1> !i I DESIGNED BY \.. •-,' \_....:�% `l`a,_ r.ti t.a to t.o__ t.D tA�!I (.I It to __ to toy ;\ rt/� l \ / '; `•\ - _.�_. ."...1 �� -!f�J 1 _ I CRW W •\.'- r \_..../ \..n :, - I DRAWN BY O cn JJR _)-_'� �" j ' _.� �C •lL. _T Irr.t- �;..� �i .�I < _ "7_ <i`•1/J"J �1' ^i .:�Y.�, CHECKED BV S -._c- 1• x"z,' a^ ,t. _ < '•� '.'• • • ' '- .�rr'y` ` =' ._u. ': ----------- ?/07 0 ..- > --...—;� ,.n c• .S. ty 1 5 -4 is ':-) DT ter....,,y^ •1 .t'..,y._. :_ `=• ...=;`-'=' _�-- _tel:t =: _ v'r,_,.�.._ 06034 �_-���i 1. 3y.G.a< �y � •I:(-..Y h� '-L j} / � ".( '•\ I.S" (' 3� �'' r/ t PROJECT NO. ,rrh.+._ .� t,T•1- 6 e --i-r a!- �. r \ i:1 i i�V I't > yJ n -- --- -1 ------ ! :n-' ----------' e = 1 .._�_ -•�`7 W - >'i'.'�-J 'F '.�} r. - C,.�{` j .:� .., 2/ lR�<, I 06034 IR.DWG N 1. "•�/\t.�.l G - = .a_- FILE NO. o t3' ty IS __-- -- • '�_- -Ir -iL_L_S-i _ If off `.�'� ty `'\ ...i:.,3 ,• �' ty !• ty t3 I.a����l/ V 22.8 IR7 R7 Q W O+°1't 0 yR2 !0 K z 12 13 d14 12.0 350 Q 23.6 10.0 334 ``�^ 'Z'O PG,J ZONE v J PG,,ZONE p• m I oa. Q ° OZa6 Umoa IRRIGATION PLAN 1 SCALE 1"=20'-0" BAXTER LANE MATCHLKE — . .; T �+nruu.lrt�snag I.., ........ ..(.�._.._ O � H J -' i t A +.° f- J.r;.:.d- •.r_ III• '..%ice , �. ..1, I �r z,��r�_- pia_ _ •. .'°''i. 3 12 {F,�_�1.-ni-_-, _1.->_-�-- _� ��J `__ I 2�6 �; � � � ',• � W f. 6, +y ks Is ts_, /'-� T:s .s\ `� Is ^`. S(,!1)T' �. j, E-� .: + .......-- - -- — - -- -- ---- IR2 I�I .->�i�/. 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APPLICATION- Updated 9120107 Summary Guide to Information Required by the City of Bozeman U.D.O.. Section 18.72.020 The following topics are stipulated in the referenced sections within the Declarations of each of the Associations: The Crossin Master Community P.O.A. To is Declarations Declarations Membership 3 3.1 Common Land/Facilities 5:3 Enforcement 3.3&6 Perpetual Reservation 5.3 &7.5 Right To Use 2.2 &2.6 Responsibility 10 & 11 Assessments 6 Dispute Resolution 11.2 Transfer of Ownership/Control 1.4 v Prevailing Party 10 11.2 Cit 's Right of Access and Maint. 5 5:3 Summary Guide to Information Required by the City of Bozeman U.D.O., section 18.72.040, paragraph A. B. and C. The following topics are stipulated in the referenced sections within the Declarations of each of the Associations: Master The Crossin Establishment of O.A. before properties sold Plat Mandatory membership w/specified voting rights 3.1 3.1 Permanent open space restrictions 7.5 Liability insurance, taxes, common area maintenance 5.3 10.3 16.1 /5.1 Power to 16vy assessments 6.1 6.1 Governing board shall be at least five and property owners 1.4 Common area/facility maintenance guarantee 5.3 5.3 Guarantee of opens ace preservation 1.3 7.5 �- PROPOSED OWNER ASSOCIATIONS 34 BAXTER MEADOWS OWNERS ASSOCIATION-PHASE 1: BAXTER MEADOWS HOME ON'VNER'S ASSOCIATION EXISTING i •ESTATE LOTS DAIRY FARAI -0'!•^'`"" •TRADITIONAL LOTS MIDDLE SCHOOL SITE s S a •RESTRICTED SIZE LOTS a.,.p,,,, 3 xr.-n:LvuR � It'rrr.Lvn sh.TAtcx rR,tcF A P E 5R •MEDIUM DE\SIT]'CUNUUIOIINIUM LOTS U Gt I Y a7nleERttnxasr OWNERS ASSOCIATION"?": R'IAfRERIt ICR'ESl'. •PARK PLACE TOFNNHOMES / PHASE 28 o am 111111111111111111111111�11�11�11�11�11111111 m 11 M1 NMI 1mil=11 Emil FH4S 2 I' SWECOUNTY IiES1UEM'IP BAXTER MEADOWS MASTER COMMUNITY ASSOCIATION er FXISTING CLINIC CnI,LOltitl'SIRFE!' ' - -:{ IVAt T 3 _ - INEEI IN M I sm 1 NMI 1 M11011 m11m11M11M11 M11M11 M 11M11 M11 milm 11111111011 RF!,IN`'" •RESIDENTIAL• - PH SE 2E _ - -TE E 5A SOUESIRIAb'LLYF I AWL ® - - - - - rRna'9R»rwrL BAXTER MEADOWS CENTRAL OWNERS ASSOCIATION(#2): I' e •DE'I'ACHEU SINGLE FAMILY EXIST RESIDENTIAL DER UNGA A OLOTS •VILLAGE _ - 6 TRADITIONAL LOTS •RESTRICT-ED SIZE LOTS 4 fLANOGRS MILL RD \\ ❑ FFMI111111H c LOT' •.. .. THE CROSSING OWNERS ASSOCIATION(#3): i, •ATTACHED/DETACHED SINGLE;FAMILY BAXTER MEADOWS _ > wEsrwwns THE CROSSING CONDO ASSOCIATION(#3A): �'• 00 suRDlYls[oN Y•MEDIUM DENSIT CONDOMINIUM LOTS 1 PROPOSED OWNER ASSOCIATIONS/ PRYOPOSED I%ICA o y rBAXTER MEADOWS CENTRAL CONDO ASSOCIATION(#q): PARCEL ou..I:Rs Is MEDIUM DENSITY CONDOMINIUM LOTSDELEGATE DISTRICTS `F"R •HIGH DENSITY CONDOMINIUM LOTS 6u-3 S 'N175 OWNERS ASSOCIATION#5: Prepared by: PC Development Last Update: 8-31-07 •APARTMF,NTI.OTS 5 a !•`prRRn`""n r • MIXED USE •w.lr \ NEIGHB BROOD CENTER ASSOCIATION#t-B: Iu^-III •cM;�1131z�rr/xFsl rn c�_ l�smil,F"` North GALLATIN COUNTY - OWNERS ASSOCIATION#1-C: REGIONAL PARK % • rP IKKER RUIIMTNG • OWNERS ASSOCIATION#6: •PURE COMMERCIAL •MID-RISE MIXED COMMERCIAL/RESIDENTIAL I Articles of Incorporation for • The Crossing at Baxter Meadows Property Owners Association Bylaws for The Crossing at Baxter Meadows Property Owners Association Declaration for The Crossing at Baxter Meadows Property Owners Association Design Review Guidelines and Regulations for The Crossing at Baxter Meadows Property Owners Association Articles of Incorporation for the Baxter Meadows Master Community Association laws for the axter Meadows • aster Community Association Community Declaration for the axter Meadows aster Community Association Design Review Guidelines and Regulations for • eBaxter Meadows Master Community Association SAVERW 600022 �' • f • • ����� �� s C,,' 1 ARTICLES OF INCORPORATION FOR THE CROSSING AT BAXTER MEADOWS PROPERTY OWNERS ASSOCIATION, INC. (aka Baxter Meadows Subdivision P.U.D. Phase 4) ARTICLES OF INCORPORA TION FOR THE CROSSING AT BAXTER MEADOWS PROPERTY OWNERS ASSOCIATION,INC. (A Nonprofit Corporation) The undersigned hereby signs and acknowledges, for delivery to the Secretary of State of Montana, these Articles of Incorporation for the purpose of forming a nonprofit . corporation under the Montana nonprofit corporate law. ARTICLE 1. NAME The name of this corporation is The Crossing at Baxter Meadows Property Owners Association, Inc. (the "Association"). ARTICLE 2. DURATION The duration of the Association shall be perpetual. ARTICLE 3. DEFINITIONS • The definitions set forth in the Declaration of The Crossing at Baxter Meadows Property Owners Association, a Planned Community, shall apply to all capitalized terms set forth herein,unless otherwise defined herein. ARTICLE 4. NONPROFIT The Association shall be a public benefit nonprofit corporation, without shares of . stock. ARTICLE 5. PURPOSES AND POWERS OF ASSOCIATION The purposes for which the Association is formed are as follows: (a) To operate and manage the Common Interest Community known as "The Crossing at Baxter Meadows Property Owners Association" and to operate and manage the Property and Common Area included within the Community, situated in Gallatin County, State of Montana, subject to the Declaration, Bylaws and such Rules and Regulations as the Board of Directors may from time to time adopt, for the purposes of enhancing and preserving the value of the Lot and the Common Area in the Community for the benefit of the Members; (b) To perform all acts and services and exercise all powers and duties in accordance with.the requirements for an Association of owners charged with the Page 1 of 5 I administration of the Property and Common Area under the terms of the applicable state statutes and as set forth in the Declaration; (c) To act for and on behalf of the Members of the Association in all matters . deemed necessary and proper for the protection, maintenance and improvement of the lands and Improvements owned by the Members and this Association and to act for and on behalf of the Property and Common Area, including, wifout limitation, representing the Association before any city council or other governmental body having jurisdiction over the Association or services proved to the Association; and (d) To do any and all permitted acts suitable or incidental to any of the foregoing purposes and objects to the fullest extent permitted by law, aid do any and all acts that, in the opinion of the Board, will promote the common benefit and enjoyment of the occupants, residents and Lot Owners of the Community, and to have and to exercise any and all powers, rights and privileges which are granted under the Act, the Declaration, Bylaws and the laws applicable to a nonprofit corporation of the State of Montana. The foregoing statements of purpose shall be construed as a statement of both purposes and powers. The purposes and powers stated in each clause shall not be limited or restricted by reference to or inference from the.terms or provisions of any other clause, • but shall be broadly construed as independent purposes and powers. The Association shall not, except to an insubstantial degree, engage in any activities or exercise any powers that are not in furtherance of the primary purposes of the Association. ARTICLE 6. MEMBERSHIP RIGHTS AND QUALIFICATIONS The Association will have voting Members as Lots are created and made subject to the Declaration. Any person who holds title to a Lot in the Community-shall be a "Member" of the Association. There shall be one membership for each Lot owned j within the Community. This membership shall be automatically transferred upon the j conveyance of that Lot. The authorized number and qualifications of Members of the Association, the voting and other rights and privileges of Members, Members' liability for dues and Assessments, and the method of collection of dues and Assessments shall be as set forth in the Declaration and Bylaws of the Association. The Members may be of such classes of membership as established by the Declaration or in the Declaration, as the Declaration may be amended or supplemented. ARTICLE 7. PRINCIPAL OFFICE AND REGISTERED AGENT The current principal office of the Association is 3985 Valley Commons Drive, Bozeman, MT 59718. The initial registered agent of the Association is Potter Clinton • Development, Inc., David Blanksma at the registered address of 3985 Valley Commons Drive, Bozeman, MT 59718. The principal office and the registered agent and office of Page 2 of 5 . the Association may change from time to time, by action of the Board of Directors. ARTICLE 8. EXECUTIVE BOARD/BOARD OF DIRECTORS The business and affairs of the Association shall be conducted, managed and controlled by a Board of Directors (Executive Board). The initial Executive Board shall consist of five persons, and this number may be changed by a duly adopted amendment to the Bylaws. The Declarant of the Community shall have additional rights and qualifications as provided under the Declaration, including the right to appoint members of the Executive Board during the period of dDclarant control. ARTICLE 9. AMENDMENT Amendment of these Articles shall require the assent of at least two-thirds (2/3) of the votes which Members of the Association present, in person or by proxy, at a meeting of the Members at which a quorum is obtained, are entitled to cast;provided, however, that no amendment to these Articles of Incorporation shall be contrary to or inconsistent with the provisions of the Declaration. Further, an amendment may also be made pursuant to the assent of at least two-thirds of a quorum of the Members voting by mail. • ARTICLE 10. DISSOLUTION In the event of the dissolution of the Association as a corporation, either voluntarily or involuntarily by the Members hereof, by operation of law or otherwise, then the assets of the Association shall be deemed to be owned by the Members at the date of dissolution, as a part of their Lot, in proportion to their allocated interests, unless otherwise agreed or provided by law. ARTICLE 11. INTERPRETATION Express reference is hereby made to the terms and provisions of the Declaration, which shall be referred to when necessary to interpret, construe or clarify the provisions of these Articles. In the event of conflict, the terms of the Declaration shall control over these Articles of Incorporation. ARTICLE 12. INCORPORATOR The name and address of the incorporator is as follows: Potter Clinton Development, Inc. • 3985 Valley Commons Drive Bozeman, MT 59718 Page 3 of 5 IN WITNESS WHEREOF, the undersigned has signed these Articles of Incorporation this day of 52007. Thomas L. Clinton, Authorized Agent State of Montana ) ss. County of ) Subscribed and sworn to before me this_day of 2007,by Witness my hand and official seal. Notary Public Residing at: My commission expires: • • CONSENT OF REGISTERED AGENT The undersigned hereby consents to the appointment as registered agent for the Community Association. Gerald R. Williams, Registered Agent State of ) ss. County of ) Subscribed and sworn to before me this_day of , 2007, by Gerald R. Williams. Witness my hand and official seal. Notary Public Residing at My commission expires: I • �� �� - - - - f I I `� l � SIP/ � ��� • v I �� i �� i BYLA WS OF THE CROSSING AT BAXTER MEADOWS PROPERTY OWNERS ASSOCIATION, INC. (aka Baxter Meadows Subdivision P.U.D. Phase 4) i TABLE OF CONTENTS Page ARTICLE 1 -- INTRODUCTION, PURPOSES AND DEFINITIONS .......... -1- Section 1.1 Introduction.......................................................................... -1- Section 1.2 Purposes....................................:........................................... -1- Section 1.3 Definitions............................................................................ -1- ARTICLE 2 --MEMBERSHIP........................................................................... -1 Section 2.1 Membership.......................................................................... -1- Section 2.2 Suspension of Member Rights ............................................. -1- ARTICLE 3 -- MEETINGS OF MEMBERS.................................................... .2- Section 3.1 Annual Meetings .................................................................. -2 Section 3.2 Special Meetings .................................................................. .2- Section 3.3 Budget Meeting.................................................................... .2- Section 3.4 Notice of Meetings............................................................... .3- Section 3.5 Owner Addresses for Notices....................................:.......... .3- Section 3.6 Place of Meetings.............:.................................................... .3- Section 3.7 Quorum of Members ............................................................ .3- Section 3.8 Adjournment of the Meeting....:........................................... .4- Section 3.9 Member Voting .................................................................... .4- Section3.10 Proxies........................................................................: -......... 4- Section 3.11 Majority Vote Section 3.12 Voting Procedures................................................................. .4- Section 3.13 Order of Business and Rules at Meeting...........................:.. -5- Section 3.14 Waiver of Notice.................................................................. .6- ARTICLE 4 -- EXECUTIVE BOARD ................:............................................. -6- Section 4.1 Number and Term of Office................................................. .6- Section 4.2 Qualification......................................................................... .6- Section4.3 Election................................................................................. .7- Section 4.4 Resignation of Directors....................................................... .7- Section 4.5 Removal of Directors ............................................................ .7- Section 4.6 Vacancies. ............................................................................ .7- Section 4.7 Compensation........................................... .............. .7- ARTICLE 5 -- MEETINGS OF THE EXECUTIVE BOARD........................ .8- Section 5.1 Regular Meetings ................................................................. .8- Section 5.2 Special Meetings .......................:.......................................... .8- Section 5.3 Notice of Board Meetings .................................................... .8- Section 5.4 Location of Meetings and Open Meetings........................... .8- i Section 5.5 Waiver of Notice.................................................................. .8- • Section 5.6 Quorum. .............................................................................. .9- Section 5.7 Proxies for Board Meetings.................................................. .9- Section 5.8 Consent to Corporate Action.................... Section 5.9 Telephone Communication in Lieu of Attendance .............. .9- ARTICLE 6 -- POWERS AND DUTIES OF THE EXECUTIVE BOARD -10- Section 6.1 Powers and Duties.............................................................. .10- Section 6.2 Managerer..................................................................... ARTICLE 7 -- OFFICERS AND THEIR DUTIES........................................ .12- Section 7.1 Enumeration of Offices...................................................... .12- Section 7.2 Appointment of Officers .................................................... .12- Section 7.3 Special Appointments......................................................... .12- Section 7.4 Resignation and Removal........................................... Section 7.5 Vacancies............................................................................ .12- Section7.6 Duties.................................................................................. .13- Section 7.7 Dele ation ..........................................................................1-13- Section 7.8 Agreements, Contracts, Deeds, Checks, Etc ...................... .14- Section 7.9 Statements of Unpaid Assessments.................................... .14- Section 7.10 Compensation...................................................................... .14- ARTICLE 8 -- COMMITTEES ....................................................................... .14- Section 8.1 Designated Committees...................: ARTICLE 9 -- ENFORCEMENT.................................................................... .14- Section 9.1 Abatement and Enjoinment of Violations by Lot Owners. -14- Section 9.2 Fines for Violation ............................................................. .15- ARTICLE 10 -- BOOKS AND RECORDS...................................................... .15- Section 10.1. Records............................................................................... .15- Section 10.2 Examination.............................................................. ARTICLE 11 -- INDEMNIFICATION........................................................... .16- Section 11.1 Obligation to Indemnify..................................................... .16- Section 11.2 Determination Required..................................................... .17- Section 11.3 Payment in Advance of Final Disposition.......................... .17- Section 11.4 No Limitation of Rights ..................................................... .18- Section 11.5 Directors and Officers Insurance........................................ .18- ii ARTICLE 12 -- MISCELLANEOUS .** *'' ISCELLANEOUS ............................................................... .18- Section 12.1 Notices to the Association.................................................. .18- Section12.2 Waiver................................................................................. .18- Section12.3 Office.................................................................................. .18- Section 12.4 Working QV ital................................................................. .18- ARTICLE 13 -- AMENDMENTS..................................................................... .19- Section 13.1 Bylaw AmendmentsNote of the Members........................ .19- Section 13.2 Restrictions on Amendments................................................ .19- CERTIFICATION............................................................................................. .20- i iii • BYLAWS OF THE CROSSING AT BAXTER MEADOWS PROPERTY OWNERS ASSOCIATION, INC. ARTICLE 1 INTRODUCTION, PURPOSES AND DEFINITIONS Section 1.1 Introduction. These are the Bylaws of The Crossing at Baxter Meadows Property Owners Association, Inc. (the"Association"), which Association operates under the Montana nonprofit corporate law, as amended, excluding M.C.A. 70- 23-101 and applicable portions of the Montana state statutes. Section 1.2 Purposes. The purposes for which the Association was formed are to preserve and enhance the value of the properties of Members and to operate,govern, manage, supervise and care for the Common Interest Community and the Common Area of"The Crossing at Baxter Meadows" (the "Community"), situated in Gallatin County, State of Montana, as the Community was created pursuant to the Declaration and Map. Section 1.3 Definitions. Terms used herein shall have the meanings set forth in the Declaration,unless expressly defined herein. ARTICLE 2 MEMBERSHIP Section 2.1 Membership. Every person or entity who is a record owner of a Lot which is subject to the Declaration shall be a Member of the Association. Members . shall be of such classes, if any, established by the Declarant, or established in the Declaration, as the Declaration is amended from time to time. Membership shall be appurtenant to and may not be separated from ownership of any Lot. Ownership of a Lot shall be the sole qualification for membership. Each Member shall be allocated votes pursuant to the Declaration. Section 2.2 Suspension of Member Rights. During any period in which a Member shall be in default in the payment of any Common Expense Assessment levied by the Association, the voting rights of such Member shall be deemed suspended by the Executive Board, without notice or hearing, until such Assessment has been paid. Voting rights and use rights of an Owner may also be suspended, after notice and the opportunity for a hearing, for a period not to exceed 60 days or during any period of violation of any . other provision of the Governing Documents, whichever is greater. Page 1 of 25 South POA Bylaws September 20 2007.rtf ARTICLE 3 MEETINGS OF MEMBERS Section 3.1 Annual Meetings. An annual meeting of the Members shall be held during each of the Association's fiscal years, at such time of the year and date as determined by the Executive Board and set forth in the notice. At these meetings, the Directors shall be elected by ballot of the Members, in accordance with the provisions of these Bylaws, the Declaration and Articles. The Members may transact other business as may properly come before them at these meetings. Failure to hold an annual meeting shall not work a forfeiture or dissolution of the Association. . Section 3.2 Special Meetings. Special meetings of the Association may be called by the President, by a majority of the members of the Executive Board or by the Secretary upon receipt of a petition signed by Owners comprising at least 20% of the votes in the Association. The form of notice, date, time and place of the meeting shall`be determined by the Board. If a notice for a special meeting demanded pursuant to petition is not given by the Secretary within 30.days after the date the written demand or demands are delivered to the Secretary, the person signing the demand or demands may set the time and place of the meeting and give notice, pursuant to the,terms of these Bylaws. Any meeting called under this Section shall be conducted by the President of the Board, or in his/her absence, a person chosen by a majority of the Board. Section 3.3 Budget Meeting. If called, meetings to consider proposed budgets may be called in accordance with the Declaration. The budget process allows for a veto by a percentage of the membership of a proposed budget adopted by the Executive Board. If a budget meeting of the Members is called, the budget process to be followed is as follows: (a) Effective the first full.fiscal year after these Bylaws are adopted and become effective, and for each year thereafter, the Executive Board of the Association is to prepare and approve a proposed budget at least annually. Each such proposed budget is first prepared and approved by the Executive Board as a proposed budget. (b) Then, within 90 days after the Board of Director's adoption of the proposed budget, the Executive Board must mail or deliver a summary of the proposed budget to those entitled to vote.and set a date for a special or annual meeting to consider ratification of the proposed budget. (c) Notice for the meeting at which the budget will be considered must be mailed not less than 10 days nor more than 50 days before the meeting. Page 2 of 25 South POA Bylaws September 20 2007.rtf (d) At the meeting, unless Owners holding a majority of the total Association vote to reject the proposed budget, the proposed budget is ratified and becomes the approved budget of the Association. (e) A quorum is not required at the meeting if the meeting is just a budget meeting. If the meeting is also an annual meeting at which other business is to be conducted, a quorum is required for other business to be conducted at the annual meeting, but not for ratification of the budget. (f) In the event the proposed budget is rejected by a majority vote,the budget last ratified is continued until such time as a subsequent budget proposed by the Executive Board is ratified. Section 3.4 Notice of Meetings. Written notice of each meeting of Members shall be given by or at the direction of the Secretary or person authorized to call the meeting,by mailing a copy of such notice,postage prepaid, or by personal delivery, at least 10 days before,but not more than 50 days before such meeting, to each Member entitled to vote, addressed to the Member's address last appearing on the books of the Association, or supplied by such Member to the Association for the purpose of notice. Such notice shall specify the place, day and hour of the meeting and, in the case of a special meeting, the purpose of the meeting. No matters shall be heard nor action adopted at a special meeting except as stated or allowed in the notice. • Section 3.5 Owner Addresses for Notices. Unless an Owner shall have notified the Association by registered or certified mail of a different address, any notice required to be given, or otherwise given by the Association under these Bylaws to any Owner or any other written instrument to be given to any Owner, may be mailed to such Owner in a postage prepaid envelope and mailed by first-class, registered or certified mail to the address of the Lot shown upon the Association's records as being owned by such Owner. If more than one (1) Owner owns a particular Lot, then any notice or other written instrument may be addressed to all of such Owners and may be mailed in one envelope in accordance with the foregoing. Any notice or other written instrument given. by the Association in accordance with the foregoing will be deemed to have been given on the date that it is mailed. Section 3.6 Place of Meetings. Meetings of the Members shall be held in the Community, or in the Gallatin County area, and may be adjourned to a suitable place convenient to the Members, as may be designated by the Executive Board or the President. Section 3.7 Quorum of Members. The presence at a meeting of Members, in person or by proxy, of Members entitled to cast 25% of all the votes shall constitute a quorum for any action except as otherwise provided in the Articles, Declaration and these Bylaws. If the required quorum is not present at a meeting, the Members who are present shall have power to adjourn the meeting from time to time(to a later date)without notice • Page 3 of 25 South POA Bylaws September 20 2007.rtf other than announcement at the meeting until a quorum shall be present or represented. If the required quorum is not present in person or by proxy, then Members entitled to cast at least.five percent(5%) of the votes in the Association, shall, except as may be otherwise provided in the Declaration, the Articles of Incorporation or these Bylaws, constitute a quorum at such meeting. Section 3.8 Adjournment of the Meeting. By majority vote (as provided herein), any meeting of the Owners may be adjourned to another time and place or to a time and place to be designated by notice. Section 3.9 Member Voting. At all meetings of Members, each Member may vote in person or by proxy. If only one of several Owners of a Lot is present at a meeting of the Association, the Owner present is entitled to cast the vote allocated to the Lot. If more than one of the Owners is present, the vote allocated to the Lot may be cast only in accordance with.the agreement of a majority of those Owners. Majority agreement exists if any one of the Owners casts the vote allocated to the Lot without protest being made promptly to the person presiding over the meeting by another Owner of the Lot. In the event of disagreement between or among co-Owners and an attempt by two or more of them to cast such vote or votes, such vote or votes shall not be counted. The vote of a corporation or business trust may be cast by any officer of that corporation or business trust in the absence of express notice of the designation of a specific person by the Executive Board or Bylaws of the owning corporation or business trust. The vote of a partnership may be cast by any general partner of the owning partnership in the absence of express notice of the designation of a specific person by the owning partnership. The • moderator of the meeting may require reasonable evidence that a person voting on behalf of a corporation,partnership or business trust Lot Owner is qualified to vote. Votes allocated to Units owned by the Association may not be cast. Section 3.10 Proxies. The vote allocated to a Lot may be cast under a proxy duly executed by a Lot Owner. All proxies shall be in writing and filed with the Secretary or designee of the Association. If a Lot is owned by more than one person, each Lot Owner of the Lot may vote or register protest to the casting of the vote by the other Owners of the Lot through a duly executed proxy. In the event of disagreement between or among co-Owners and an attempt by two (2) or more of them to cast such vote or votes, such vote or votes shall not be counted. A Lot Owner may revoke a proxy given under this section only by actual notice of revocation to the person presiding over a meeting of the Association. A proxy is void if it is not dated or purports to be revocable without notice. A proxy terminates 11 months after its date, unless it specifies a shorter term or a.specific purpose. Section 3.11 Majority Vote. The vote of a majority of the votes present, in person or by proxy at a meeting at which a quorum is present, shall be binding upon all Lot Owners for all purposes except where a higher percentage vote is required in the Declaration, Articles, these Bylaws or by law. Page 4 of 25 South POA Bylaws September 20 2007.rtf iSection 3.12 Voting Procedures. Voting may be by voice,by show of hands,by consent, by mail,by electronic means, by directed proxy, by written ballot, or as otherwise determined by the Executive Board or the Members present at a meeting. (a) In case of a vote by mail or electronic means, the Secretary shall mail or deliver written notice to all Members at each Member's address as it appears in the records of the Association given for notice purposes. The notice shall include: (i) a proposed written resolution setting forth a description of the proposed action, (ii) a statement that Members are entitled to vote by mail or electronic means for or against such proposal, (iii) a date at least 10 days after the date such notice shall have been given on or before which all votes must be received at the office of the Association at the address designated in the notice, and (iv) the number of votes which must be received to meet the quorum requirement and the percentage of votes received needed to carry the vote. Voting by mail shall be acceptable in all instances in the Declaration, Articles or these Bylaws requiring the vote of Members at a meeting. (b) The Executive Board may conduct elections of Directors by mail or electronic means, in its sole discretion, and pursuant to procedures adopted by it; provided however, that any procedures adopted shall provide for notice to Members of the opportunity to run for a vacant position and/or nominate any • Member of the Association for a vacant position, subject to the nominated Member's consent. (c) In an election of Directors, the Members receiving the largest number of votes shall be elected. Section 3.13 Order of Business and Rules at Meeting. The Executive Board may establish the order of business and prescribe reasonable rules for the conduct of all meetings of the Executive Board and Lot Owners. At meetings of the Members, the Executive Board may order the business of the meeting as follows: (a) Roll call (or check-in procedure); (b) Proof of notice of meeting; (c) Reading of Minutes of preceding meeting; (d) Reports; (e) Established number(five minimum) and form of memberships of the Executive Board (if required and noticed); (f) Selection of inspectors/tellers to count ballots; Page 5 of .25 South POA Bylaws September 20 2007.rtf (g) Election of Directors of the Executive Board (when required); (h) Consideration of budget and possible veto by the Owners (if required and noticed); (i) Unfinished business; and (j) New business. Failure to strictly follow Robert's Rules of Order shall not invalidate any action taken at a meeting of the Board or Members. Section 3.14 Waiver of Notice. Any Member may, at any time, waive notice of any meeting of the Members in writing, and the waiver shall be deemed equivalent to the receipt of notice. Attendance at the meeting shall constitute a waiver of notice unless attendance is for the express purpose of objecting to the sufficiency of.the notice, in which case, such objection must be raised before the business of which proper notice as not given is put to a vote. ARTICLE 4 EXECUTIVE BOARD OF DIRECTORS Section 4.1 Number and Term of Office. The affairs of the Community and the Association shall be governed by an Executive Board which shall consist of not less than five Members, elected or appointed as provided below (the"Executive Board"). The •; terms of office of Directors shall be 3 years or until such time as a successor is elected, and the terms of at least 1/3 of the Directors shall expire annually. At any meeting at which.Directors are to be elected, the Lot Owners may,by resolution, adopt specific procedures which are not inconsistent with these Bylaws or the Montana nonprofit corporate law for conducting the elections. Section 4.2 Qualification. (a) Only Owners, eligible to vote, current in the payment of Assessments, and otherwise in good standing, may be elected to, or appointed to fill a vacancy on the Board. (b) If any Lot is owned by a partnership or corporation, any officer,partner or employee of that Member shall be eligible to serve as a Director and shall be deemed to be a Member for the purposes of these Bylaws. (c) Once elected, a Director may not be more than 30 days delinquent m payment of any Assessment. (d) Any Director who has un-excused absences from three consecutive Board meetings shall not be qualified to serve on the Board. Page 6 of 25 South POA Bylaws September 20 2007.rtf • (e) Once elected or appointed, each Director shall attend at least one educational program per year related to the management, operation or law of community associations. The Director shall be entitled to reimbursement of any expenses incurred in attending such educational program(s), as long as approved, in advance,by the Board of Directors. Any Director who has failed to attend an educational program as set forth in this provision shall not be qualified to serve on the Board. (f) If a Director is not qualified, the Director's position shall be deemed vacant. Section 4.3 Election. The Executive Board shall be elected by the Members at the Annual Meeting. The Members may adopt specific procedures which are not inconsistent with these Bylaws or the Act for conducting the elections by written ballot. The persons receiving the largest number of votes shall be elected. Cumulative voting is not permitted. The Declaration shall govern appointment of Directors of the Executive Board during the Period of Declarant Control, as allowed under the Declaration. Section 4.4 Resignation of Directors. Any Director may resign at any time by giving written notice to the President, to the Secretary or to the Executive Board stating the effective date of such resignation. Acceptance of such resignation shall not be necessary to make the resignation effective. • Section 4.5 Removal of Directors. (a) One or more Directors or the entire Executive Board may be removed at any meeting of the Members called pursuant to these Bylaws, with or without cause, by a vote of 67% of all Members present and entitled to vote. Notice of a meeting of the Members to remove Directors shall set forth that the meeting is being conducted for that purpose and shall be provided to every Member of.the Association, including the Directors sought to be removed, as provided in these Bylaws. Directors appointed by the Declarant may not be removed by the Members under this section of the Bylaws. Directors sought to be removed shall have the right to be present at this meeting and shall be given the opportunity to speak to the Members prior to a vote to remove being taken. (b) In the event of removal of one or more Directors, a successor shall be elected by the Members at the meeting to serve for the unexpired term of his or her predecessor. Section 4.6 Vacancies. Vacancies in the Executive Board caused by any reason(other than removal)may be filled by the Executive Board at any time after the occurrence of the vacancy, even though the Directors present at that meeting may Page 7 of 25 South POA Bylaws September 20 2007.rtf i 0 i constitute less than a quorum. These appointments shall be subject to the reserved rights • of Declarant to appoint Directors, unless those rights have expired, in which event, appointments shall be made by a majority of the remaining elected Directors constituting the Executive Board. Each person so appointed shall be a Director who shall serve for the remainder of the unexpired term until the next annual meeting. Section 4.7 Compensation. No Director shall receive any compensation from the Association for any service they may render as a Director, or for acting as such,unless approved by a majority of the votes in the Association at a regular or special meeting of the Association. However, any Director may be reimbursed for actual expenses incurred in the performance of Association duties on behalf of the Association upon approval of a majority of the other Directors. Nothing herein shall prohibit the Association from compensating a Director, or any entity with which a Director is affiliated, for services or supplies furnished to the Association in a capacity other than as a Director pursuant to a contract or agreement with the Association, provided that such Director's interest was made known to the Board prior to entering into such contract and such contract was approved by a majority of the Executive Board, excluding the interested Director. ARTICLE 5 MEETINGS OF THE EXECUTIVE BOARD Section 5.1 Regular Meetings. Regular meetings of the Executive Board shall' be held at least twice per year at such place and hour as may be fixed by the Board, without notice. The Board may set a schedule of additional regular meetings by resolution and no further notice is necessary to constitute regular meetings, except as may be required by law. Section 5.2 Special Meeting. Special meetings of the Executive Board shall be held when called by the President of the Association or by any three Directors after not less than one day notice to each Director. The notice shall be delivered in a manner whereby confirmation of receipt of the notice is received and shall state the time, place and purpose of the meeting. Section 5.3. Notice of Board Meetings. Except as set forth in Section 5.1 above, written notice of each meeting of the Board shall be given by, or at the direction of, the Secretary or person authorized to call the meeting,by mailing a copy of such notice, postage prepaid, at least three days before such meeting, or by any other means permitted by the Montana nonprofit corporate law, including, but not limited to, personal delivery, facsimile, and e-mail delivery, to each Board member entitled to vote, addressed to the Board member's address last appearing on the books of the Association, or supplied by such Board member to the Association for the purpose of notice. Such notice shall specify the place, day and hour of the meeting. Page 8 of 25 South POA Bylaws September 20 2007.rtf • 0 Section 5.4 Location of Meetings and Open Meetings. All meetings of the • Executive Board shall be open to attendance by Members, as provided by applicable Montana law. All meetings of the Executive Board shall be held in the Community,by conference call, electronic means or within the Gallatin County area,unless all Directors consent in writing to another location. Section 5.5 Waiver of Notice. Any Director may waive notice of any meeting in writing. Attendance by a Director at any meeting of the Board shall constitute a waiver of notice. If all the Directors are present at any meeting,no notice shall be required and any business may be transacted at such meeting. Section 5.6 Quorum. At all meetings of the Executive Board, a majority of the Directors shall constitute a quorum for the transaction of business, unless there are less than three Directors, in which case, all Directors must be present to constitute a quorum. The votes of a majority of the Directors present at a meeting at which a quorum is present shall constitute a decision of the Board unless there are less than three Directors, in which case, unanimity of the Directors is required to constitute a decision of the Board. If, at any meeting, there shall be less than a quorum present, a majority of those present may adjourn the meeting. Section 5.7 Proxies for Board Meetings. For the purposes of determining a quorum with respect to a particular proposal and for the purposes of casting a vote for or against that particular proposal, a Director may execute, in writing, a proxy,to be held by another Director. The proxy shall specify either a yes, no or abstain vote on each particular issue for which the proxy was executed. Proxies.which do not specify a yes, no or abstain vote shall not be counted for the purpose of having a.quorum present or as a vote on the particular proposal before the Board. Section 5.8 Consent to Corporate Action. The Directors shall have the right to take any action in the absence of a meeting, which they could otherwise have taken at a meeting,by: (a) Obtaining the unanimous verbal vote of all Directors which vote shall be noted in the minutes of the next meeting of the Board and ratified at such time; (b) Obtaining the written vote of all of the Directors, with at least a majority of the Directors approving the action, provided that those Directors who vote"no" or abstain from voting have waived notice of a meeting in writing: The Secretary shall file the written votes with the minutes of the meetings of the Executive Board; (c) Any action taken under subsections (a) and (b) shall have the same effect as though taken at a meeting of the Directors. • Page 9 of 25 South POA Bylaws September 20 2007.rtf Section 5.9 Telephone Communication in Lieu of Attendance. A Director may • attend a meeting of the Executive Board by using an electronic or telephonic communication method whereby the Director may be heard by the other members and may hear the deliberations of the other members on any matter properly brought before the Executive Board. The Director's vote shall be counted and his or her presence noted as if that Director were present in person on that particular matter. ARTICLE 6 POWERS AND DUTIES OF THE EXECUTIVE BOARD Section 6.1 Powers and Duties. The Executive Board may act in all instances on behalf of the Association, except as provided in the Declaration, Articles, these Bylaws or the Act. The Executive Board shall have, subject to the limitations contained in the Declaration, Articles and the Act, the powers and duties necessary for the administration of the affairs of the Association and of the Community, and for the operation and maintenance of the Community as a first class residential property, including the following powers and duties: (a) Exercise any other powers conferred by the Declaration, Bylaws or Articles of Incorporation; • (b) Adopt and amend Bylaws and Rules and Regulations, including penalties for infraction thereof, (c) To keep and maintain full and accurate books and records showing all of the receipts, expenses, or disbursements of the Association; (d) Adopt and amend budgets for revenues, expenditures and reserves (subject to the budget being distributed to the Owners and not vetoed by the Owners at a meeting of the Owners, as that procedure is set forth in the Declaration and in these Bylaws); (e) As a part of the adoption of the regular budget the Executive Board shall include an amount which, in its reasonable business judgment, will establish and maintain a reserve fund for the replacement of those Improvements that it is obligated to maintain,based upon age, remaining life, quantity and replacement cost; (f) Allocate, assess and collect from each Owner its proportionate share of the Assessments imposed by the Association and pay those Assessments to the Association. Page 10 of 25 • South POA Bylaws September 20 2007.rtf 0 (g) Hire and discharge managing agents,provided that any agreement for professional management of the Community may not exceed two years. Any such agreement must provide for the termination by either party without cause and without payment of a termination fee or penalty upon 60 days written notice; (h) Hire and discharge employees, independent contractors and agents other than managing agents, and prescribe their duties; (i) Institute, defend or intervene in litigation or administrative proceedings or seek injunctive relief for violations of the Governing Documents in the Association's name, on behalf of the Association or two or more Owners on matters affecting the Community; (j) Make contracts, administer financial accounts and incur liabilities in the name of the Association; (k) Regulate the use, maintenance, repair, replacement and modifications of Common Area; (1) Cause additional improvements to be made as a part of the Common Area; (m) Acquire, hold, encumber and convey, in the Association's name and in the ordinary course of business, any right,title or interest to real estate or personal property; (n) Borrow funds and secure loans with an interest in future Assessments in • order to pay for any expenditure or outlay required pursuant to the authority granted by the provisions of the recorded Declaration and these Bylaws, and to execute all such instruments evidencing such indebtedness as the Board of Directors may deem necessary and give security therefore subject to the requirements set forth in the Declaration; (o) Grant easements for any period of time, including permanent easements, and grant leases, licenses and concessions for no more than one year, through or over the Common Area; (p) Impose and receive a payment, fee or charge for services provided to Lot Owners and for the use, rental or operation of the Common Area; (q) Impose a reasonable charge for late payment of Assessments and after notice and hearing, levy reasonable fines or Assessments provided for or allowed in the Declaration, Bylaws, Rules and Regulations of the Association; (i) Impose a reasonable charge for the preparation and recording of amendments to the Declaration, liens or statements of unpaid Assessments; (s) Provide for the indemnification of the Association's Officers and the Executive Board and maintain Directors' and Officers' liability insurance; Page 11 of 25 South POA Bylaws September 20 2007.rtf (t) Procure and maintain adequate liability and hazard insurance on property owned by the Association and as further set forth in the Declaration; (u) Cause all Directors, Officers, employees or agents having fiscal . responsibilities to be bonded or insured, as it may deem appropriate and in such amounts as it may deem appropriate; (v) Exercise for the Association all powers, duties,rights and obligations in or delegated to the Association and not reserved to the membership by other provisions of the Declaration, Articles, these Bylaws or the Act; and (w) Exercise any other powers conferred by the Declaration or Bylaws. Section 6.2 Manager. The Executive Board may employ a manager, at a compensation established by the Board, to perform duties and services authorized by the Board. Licenses, concessions and contracts may be executed by the manager pursuant to specific resolutions of the Board and to fulfill the requirements of the budget. The Board shall have the authority to delegate any of the powers and duties set forth in this Article to a manager or managing agent. Regardless of any delegation to a manager or managing agent, the members of the Board shall not be relieved of responsibilities under the Declaration, Articles, these Bylaws or Montana law. ARTICLE 7 S OFFICERS AND THEIR DUTIES Section 7.1 Enumeration of Offices. The Officers of this Association shall be a President, Vice President, Secretary and Treasurer, who shall at all times be members of the Executive Board, and such other officers as the Executive Board may from time to time create by resolution. No person shall simultaneously hold more than one of any of the other offices except in the case of special offices created pursuant to authority in these Bylaws, and that the offices of the Secretary and Treasurer may be held by the same person. The President and the Secretary offices cannot be held simultaneously by the same person. Section 7.2 Appointment of Officers. The Officers shall be appointed by the Executive Board at the organizational meeting of each new Executive Board. The Officers shall hold office at the pleasure of the Executive Board. Thereafter, the Officers shall be elected for a one year term at the first meeting of the Executive Board following each annual meeting of the Members. Section 7.3 Special Appointments. The Executive Board may elect such other officers as the affairs of the Association may require, each of whom shall hold office for Page 12 of 25 I South POA Bylaws September 20 2007.rtf such period, have such.authority, and perform such duties as the Executive Board may, from time to time, determine. Section 7.4 Resignation and Removal. Any Officer may resign at any time by giving written notice to the Executive Board, the President or the Secretary. Such resignation shall take effect on the date of receipt of such notice or at any later time specified therein. Acceptance of such resignation shall not be necessary to make it effective. Any Officer may be removed from office with or without cause by a majority of the Executive Board. Section 7.5 Vacancies. A vacancy in any office may be filled by appointment by the Executive Board by majority vote of the Board. The Officer appointed to such vacancy shall serve for the remainder of the term of the Officer he replaces. Section 7.6 Duties. The Duties of the Officers are as follows: 7.6.1 President. The President shall have all of the general powers and duties which are incident to the office of president of a Montana nonprofit corporation including, but not limited to,the following: preside at all meetings of the Executive Board, appoint committees, and see that orders and resolutions of the Executive Board • are carried out; sign all contracts, leases and other written instruments; direct, supervise, coordinate and have general control over the day to day affairs. The President may cause to be prepared and may execute amendments, attested by the Secretary, to the Declaration and these Bylaws on behalf of the Association, following authorization or approval of the particular amendment, as applicable. 7.6.2 Vice President. The Vice President shall take the place of the President and perform the President's duties whenever the President is absent or unable to act. If neither the President nor the Vice President is able to act, the Executive Board shall appoint some other Director to act in the place of the President on an interim basis. The Vice President shall also perform other duties imposed by the Executive Board or by the President. 7.6.3 Secretary. The Secretary shall have charge or shall keep the Minutes of all meetings of the Owners and proceedings of the Executive Board and the Members; serve notice of meetings of the Board and of the Members; keep appropriate current records showing the Member's names and addresses. The Secretary shall have charge of the Association's books and papers and shall perform all the duties incident to the office of secretary of a nonprofit corporation organized under the laws of the State of Montana. The Secretary may cause to be prepared and may attest to execution by the Page 13 of 25 South POA Bylaws September 20 2007.rtf President of amendments to the Declaration and the Bylaws on behalf of the Association, following authorization or approval of the particular amendment, as applicable. 7.6.4 Treasurer. The Treasurer shall be responsible for Association funds and for keeping full and accurate financial records and books of account showing all receipts and disbursements and for the preparation of all required financial data. This Officer shall be responsible for the deposit of all monies and other valuable effects in depositories designated by the Executive Board and shall perform all the duties incident to the office of treasurer of a nonprofit corporation organized under the laws of the State of Montana. The Treasurer may endorse on behalf of the Association, for collection only, checks, notes and other obligations and shall deposit the same and all monies in the name of and to the credit of the Association in banks designated by the Association. Section 7.7 Delegation. The duties of any Officer may be delegated to the manager or another Executive Board member;provided, however, the Officer shall not be relieved of any responsibility under these Bylaws or under Montana law. Section 7.8 Agreements, Contracts, Deeds, Checks, Etc. Except as provided in these Bylaws, all agreements, contracts, deeds, leases, checks and other instruments of the Association shall be executed by any Officer of the Association or by any other person or persons designated by the Executive Board. Section 7.9 Statements of Unpaid Assessments. The Treasurer, assistant s treasurer, a manager employed by the Association, if any, or, in their absence, any Officer having access to the books and records of the Association may prepare, certify, and execute statements of unpaid Assessments. The Association may charge a reasonable fee for preparing statements of unpaid Assessments. The amount of this fee and the time of payment shall be established by resolution of the Executive Board. Any unpaid fees may be assessed as a Common Expense against the Lot for which the certificate or.statement is furnished. Section 7.10 Compensation. Compensation of Officers shall be subject to the same limitations as imposed in these Bylaws on compensation of Directors. ARTICLE 8 COMMITTEES Section 8.1 Designated Committees. The Association may appoint committees, as deemed appropriate, in carrying out its purposes. Committees shall have authority to act only to the extent designated in the Governing Documents or delegated by the Executive Board. Page 14 of 25 South POA Bylaws September 20 2007.rtf • ARTICLE 9 ENFORCEMENT Section 9.1 Abatement and Enjoinment of Violations by Lot Owners. The violation of any of the Rules and Regulations adopted by the Executive Board or the breach of any provision of the Governing Documents shall give the Executive Board the right, after notice and hearing, except in.case of an emergency, in addition to any other rights set forth in these Bylaws: (a) To enter the Lot in which, or as to which, the violation or breach exists and to summarily abate and remove, at the expense of the defaulting Lot Owner, any structure,thing or condition (except for additions or alterations of a permanent nature that may exist in that Lot) that is existing and creating a danger to the Common Area contrary to the intent and meaning of the provisions of the Governing Documents. The Executive Board shall not be deemed liable for any manner of trespass'by this action; or (b) To enjoin, abate or remedy by appropriate legal proceedings; either at law or in equity, the continuance of any breach. Section 9.2 Fines for Violation. By action of the Executive Board, following notice and hearing,the Executive Board may levy reasonable fines for a violation of the Governing Documents or rules. ARTICLE 10 BOOKS AND RECORDS Section 10.1 Records. The Association or its manager or managing agent, if any, shall keep the following records: (a) An account for each Lot, which shall designate the name and address of each Lot Owner, the name and address of each mortgagee who has given notice to the Association that it holds a mortgage on the Lot, the amount of each Common Expense Assessment, the dates on which each Assessment comes due, any other fees payable by the Lot Owner, the amounts paid on the account and the balance due; (b) An account for each Lot Owner showing any other fees payable by the Lot Owner; (c) The most recent regularly prepared balance sheet and income and expense statement, if any, of the Association; (d) The current operating budget; Page 15 of 25 South POA Bylaws September 20 2007.rtf • i . (e) A record of any unsatisfied judgments against the Association and the • existence of any pending suits in which the Association is a defendant; (f) A record of insurance coverage provided for the benefit of Lot Owners and the Association; (g) Tax returns for state and federal income taxation; (h) Minutes of proceedings of meetings of the Lot Owners, Directors, committees of Directors and waivers of notice; l (i) Copies of at least the three most recent years' correspondence between the Association and Owners; and (j) A copy of the most current versions of the Declaration, Articles, Bylaws, Rules and Regulations, and Resolutions of the Executive Board, along with their exhibits and schedules. Section 10.2 Examination. The books, records and papers of the Association shall at all times, during normal business hours and after reasonable notice, be subject to inspection and copying by any Member, at their expense, for any proper purpose, except documents determined by the Board.to be confidential pursuant to a written policy or applicable law. The Executive Board or the manager shall determine reasonable fees for copying. ARTICLE 11 INDEMNIFICATION Section 11.1 Obligation to Indemnify. (a) The Association shall indemnify any person: (i) Who was or is a party, or is threatened to be made a party, to any threatened,pending or completed action, suit or proceeding, whether civil, criminal, administrative or investigative (other than an action by or in the right of the Association); (ii) By reason of the fact that that person is or was a Director, Officer or committee member of the Association; (iii) Provided that the person is or was serving at the request of the Association in such capacity; (iv) But no indemnification shall be made where: Page 16 of 25 South POA Bylaws September 20 2007.rtf • (1) The person has been adjudged to be liable for negligence or misconduct in the performance of his or her duties to the Association, unless a court determines that, despite the adjudication of liability, but in view of all circumstances of the case, the person is fairly and reasonably entitled to indemnification for the expenses if the court deems proper. (b) The Association's obligation for indemnification shall include: (I) Actual and reasonable expenses (including expert witness fees, attorney fees and costs); (ii) Judgments and fines; and (iii) Reasonable amounts paid in settlement. (c) The Association shall indemnify when the person identified in subsection (a)of this Section: (i) Acted in good faith, and; (ii) In a manner which the person reasonably believed to be in the best interests of the Association, and; (iii) With respect to any criminal action or proceeding, had no reasonable cause to believe the conduct was unlawful; (iv) To the extent that the person has been wholly successful on the merits in defense of any action, suit or proceeding as described above, the person shall be indemnified against actual and reasonable expenses (including expert witness fees, attorney fees and costs) incurred in connect_on with the action, suit or proceeding. Section 11.2 Determination Required. (a) The Executive Board shall determine whether the person requesting indemnification has met the applicable standard of conduct set forth above. The determination shall be made by the Executive Board: (i) By majority vote of a quorum consisting of those members of the Executive Board who were not parties to the action, suit or proceeding, or; (ii) By independent legal counsel in a written opinion if a majority of those members of the Executive Board who were not parties to the action, suit or proceeding so directs, or; Page 17 of 25 South POA Bylaws September 20 2007.rtf (b) Additionally, the determination may be made by: • (i) By a vote of the Members if a majority of those members of the Executive Board who were not parties to the action, suit or proceeding so directs. (c) Determination of any action, suit or proceeding by judgment, order, settlement or conviction, or upon a plea of nolo contendere or its equivalent, shall not of itself create a presumption that the person did not act in good faith and in a manner reasonably believed to be in the best interests of the Association and, with respect to any criminal action or proceeding, had reasonable cause to believe the conduct was unlawful. Section 11.3 Payment in Advance of Final Disposition. The Association shall pay for or reimburse the reasonable expenses as described above in advance of final disposition of the action, suit or proceeding if the person requesting indemnification provides the Executive Board with: (a) A written affirmation of that person's good faith belief that he or she has met the standard of conduct described above and; (b) A written statement that such person shall repay the advance if it is ultimately determined that he or she did not meet the standard of conduct described above. Section 11.4 No Limitation of Rights. The indemnification provided in this Article shall not be deemed exclusive of nor a limitation upon any other rights to which those indemnified may be entitled under any bylaw, agreement, vote of the Members or disinterested members of the Executive Board, or otherwise, nor by any rights which are granted pursuant to C.R.S. § 38-33.3-101, et seq., and the Montana nonprofit corporate law, as those statutes may be amended from time to time. Section 11.5 Directors and Officers Insurance. The Association shall purchase and maintain insurance on behalf of any person who is or was a member of the Executive Board, the manager, committee members, or anyone acting at the direction of the Board, covering defense and liability expenses arising out of any action, suit or proceeding asserted against such person by virtue of such person's actions on behalf of the Association or at the direction of the Board, whether or not the Association would have the power to indemnify such person against such liability under provisions of this Article. ARTICLE 12 MISCELLANEOUS Page 18 of 25 South POA Bylaws September 20 2007.rtf Section 12.1 Notices to the Association. All notices to the Association or the Executive Board shall be delivered to the office of the manager, or if there is no manager, to the office of the Association, or to such other address as the Executive Board may designate by written notice to all Owners. Except as otherwise provided, all notices to any Owner shall be mailed to the Owner's address as it appears in the records of the Association. All notices shall be deemed to have been given when mailed or transmitted, except notices of changes of address, which shall be deemed to have been given when received. Section 12.2 Waiver. No restriction, condition, obligation or provision contained in these Bylaws shall be deemed to have been abrogated or waived by reason of any failure to enforce the same, irrespective of the number of violations or breaches which may occur. Section 12.3 Office. The principal office of the Association shall be within the Community or at such other place as the Executive Board may from time to time designate. Section 12.4 Working Capital. A working capital fund is established pursuant to the Declaration. Any amounts paid into this fund shall not be considered as advance payment of Assessments. Each Unit's share of the working capital fund may will be collected and then contributed to the Association by the Declarant at the time the sale or • resale of the Unit or Lot is closed or at the termination of Declarant control. Until paid to the Association, the contribution to the working capital shall be considered an unpaid Common Expense Assessment. ARTICLE 13 AMENDMENTS Section 13.1 Bylaw AmendmentsNote of the Members. These Bylaws may be amended only by the affirmative vote of at least 67% of the total Association vote present or represented by proxy at any regular or special meeting, provided that a quorum is present at any such meeting,provided that notice has been sent to the Members pursuant to these Bylaws, and such notice sets forth that the meeting is being conducted for the purpose of amendment. No amendment shall be made to the quorum requirement set forth in these Bylaws without the affirmative vote of a majority of the Members present, in person or by proxy, at a regular or special meeting of the Members at which a quorum, as set forth in these Bylaws, is present. Section 13.2 Restrictions on Amendments. No amendment of the Bylaws of this Association shall be adopted which would affect or impair the validity or priority of any security interest covering any Lot, or which would materially change the provisions • Page 19 of 25 South POA Bylaws September 20 2007.rtf of the Bylaws with respect to a first lien security interest or the interest of an institutional mortgagees of record. I . Page 20 of 25 •, South POA Bylaws September 20 2007.rtf • CERTIFICATION I, the undersigned, do hereby certify that I am the Secretary of The Crossing at. Baxter Meadows Property Owners Association, Inc., a Montana nonprofit corporation, and that the foregoing Bylaws constitute the Bylaws of said Association, as duly adopted by the Executive Board. David Blanksma, Secretary • • Page 21 of 25 South POA Bylaws September 20 2007.rtf s • f • • • DECLARA TION OF COVENANTS, CONDITIONS, AND RESTRICTIONS FOR • THE CROSSING AT BAXTER MEADOWS PROPERTY OWNERS ASSOCIATION (aka Baxter Meadows Subdivision PUD Phase 4) • TABLE OF CONTENTS • ARTICLE 1. Page SUBMISSION/DEFINED TERMS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Section 1.1 Submission of Property . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 Section 1.2 Name and Type . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 Section 1.3 Property . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 Section 1.4 Defined Terms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 ARTICLE 2. EASEMENTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Section 2.1 Utility, Map and Plat Easements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Section 2.2 Owner's Easements of EnjoMent/Acknowledgments . . . . . . . . . . . . . . . . . 4 Section 2.3 Drainage Easements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 Section 2.4 Utilities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 Section 2.5 Emergency Easements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 Section 2.6 Delegation of Use . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 ARTICLE 3. THE ASSOCIATION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Section 3.1 Membership . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 Section 3.2 General Purposes and Powers of the Association . . . . . . . . . . . . . . . . . . . . . 6 Section 3.3 Authority of the Association . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 • Section 3.4 Association Agreements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 Section 3.5 Bulk Service Agreements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 Section 3.6 Allocated Interests . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 Section 3.7 Duty to Accept Common Elements and Facilities Transferred by Declarant . 8 Section 3.8 Power to Operate and Charge for Facilities and Services . . . . . . . . . . . . . . . 8 Section 3.9 Indemnification . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 Section 3.10 Security Disclaimer . . . . . .. . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 Section 3.11 Declarant's Ri t to Appoint During Period of Declarant Control . . . . . . . 9 ARTICLE 4. LOTS AND COMMON ELEMENTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Section 4.1 Number of Lots . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 Section 4.2 Common Elements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 ARTICLE 5. MAINTENANCE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Section 5.1 Association Responsibility . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 Section 5.2 Association Discretion . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 Section 5.3 Common Area and Facility Maintenance Guarantee . . . . . . . . . . . . . . . . . . 10 Section 5.4 Access . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 Section 5.5 Owner Maintenance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 Section 5.6 Ne ligence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 • • ARTICLE 6. COVENANT FOR COMMON EXPENSE ASSESSMENTS . . . . . . . . . . . . . . . . . . . . . . . . . Section 6.1 Creation of Association Lien and Personal Obligation to Pay Common . . . . Expense Assessments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 Section 6.2 Basis of Assessments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 Section 6.3 Annual Assessment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 Section 6.4 Street Maintenance Assessments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 Section 6.5 Special Assessments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 Section 6.6 Commencement of Assessments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 Section 6.7 Effect of Non-Payment of Assessments . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 Section 6.8 Lien Priority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 Section 6.9 Working Fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 Section 6.10 Owner's Negligence of Misconduct . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 Section 6.11 Supplemental Assessments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 Section 6.12 Borrowing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 ARTICLE 7. RESTRICTIONS ON USE, ALIENATION AND OCCUPANCY . . . . . . . . . . . . . . . . . . . . . Section 7.1 Use of Lots/Occupancy of Improvements on Lots . . . . . . . . . . . . . . . . . . . . 16 Section 7.2 Design Approval Required/Building and Landscape Review Committee . . 16 Section 7.3 Landscaping Covenants and Restrictions . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 Section 7.4 Plat Restrictions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 • Section 7.5 Guarantee for Open Space Preservation . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 Section 7.6 Lot Maintenance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 Section 7.7 Fences and Privacy Walls . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 Section 7.8 Restrictions on Vehicles, Vehicular Parking, Storage and Repairs . . . . . . . 18 Section 7.9 No Temporary Structures/Sheds . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 Section 7.10 Roof Apparatus . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 Section 7.11 No Wind Generators . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 Section 7.12 Clotheslines and Storage . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ... . . . 20 Section 7.13 Restrictions on Animals and Pets . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 Section 7.14 Garbage/Refuse . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 Section 7.15 Restriction on Further Subdivision of Lots . . . . . . . . . . . . . . . . . . . . . . . . 21 Section 7.16 Nuisances . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 Section 7.17 Use of Common Elements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 Section 7.18 Antenna . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 Section 7.19 No Unsightliness . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 Section 7.20 Restriction on Signs and Advertising Devices . . . . . . . . . . . . . . . . . . . . . . 22 Section 7.21 Restriction on Sale of a Lot . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 Section 7.22 No Restrictions on Mortga iging of a Lot . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 Section 7.23 Rules and Regulations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 Section 7.24 Alle,,n�vays . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 Section 7.25 Declarant's Use . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 • Section 7.26 Use of the Words The Crossing at Baxter Meadows and The Crossingat_. Baxter Meadows Property Owners Association, Inc and Baxter Meadows Master . Community Association . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 ARTICLE 8. ARCHITECTURAL REVIEW . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . • Section 8.1 Building and Landscape Review Committee . . . . . . . . . . . . . . . . . . . . . . . . 24 Section 8.2 Membership of Building and Landscape Review Committee . . . . . . . . . . . 24 Section 8.3 Required Approval . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 Section 8.4 Architectural Criteria . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 Section 8.5 Architectural Guidelines . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 Section 8.6 Reply and Communication . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 Section 8.7 Variances . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 Section 8.8 Right to Appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 Section 8.9 Waivers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 Section 8.10 Liability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 Section 8.11 Records . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 Section 8.12 Enforcement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 ARTICLE 9. DEVELOPMENT RIGHTS AND SPECIAL DECLARANT RIGHTS . . . . . . . . . . . . . . . . . Section 9.1 Development Rights and Special Declarant Rights . . . . . . . . . . . . . . . . . . . 26 Section 9.2 Additional Reserved Rights . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 Section 9.3 Rights Transferrable/Rights Transferred . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 Section 9.4 No Further Authorizations Needed . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 Section 9.5 Interpretation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 Section 9.6 Construction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 • Section 9.7 Termination of Reserved Rights . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 ARTICLE 10. INSURANCE/CONDEMNATION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Section 10.1 Insurance to be Carried by the Association . . . . . . . . . . . . . . . . . . . . . . . . 29 Section 10.2 Real Property Insurance of Owners on their Homes . . . . . . . . . . . . . . . . . 29 Section 10.3 Liability Insurance of the Association . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 Section 10.4 Fidelity Insurance of the Association . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 Section 10.5 Workers Compensation of the Association 30 Section 10.6 Director and Officer Liability Insurance of the Association . . . . . . . . . . . 30 Section 10.7 Other Insurance of the Association . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 Section 10.8 Miscellaneous Terms Governing Insurance Carried by the Association . . 30 Section 10.9 Insurance Premium . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 Section 10.10 Manning Agent Insurance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 Section 10.11 Waiver of Claims Against Association . . . . . . . . . . . . . . . . . . . . . . . . . . 31 Section 10.12 Adjustments by the Association . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 Section 10.13 Claims . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 Section 10.14 Insurance Assessments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32 Section 10.15 Association as Attorney-in-Fact . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32 • • ARTICLE 11. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . GENERAL PROVISIONS Section 11.1 Compliance and Enforcement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33 Section 11.2 Dispute Resolution Arbitration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34 Section 11.3 Severability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35 Section 11.4 Term of Declaration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35 Section 11.5 Amendment of Declaration. Map or Plat by Declarant . . . . . . . . . . . . . . . 35 Section 11.6 Amendment of Declaration by Owners . . . . . . . . . . . . . . . . . . . . . . . . . . . 35 Section 11.7 Amendment Required by Mortgage Agencies . . . . . . . . . . . . . . . . . . . . . . 35 Section 11.8 FHA/VA Approval . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36 Section 11.9 Captions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36 Section 11.10 Interpretation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36 Section 11.11 Singular Includes the Plural . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36 ARTICLE 12. BOZEMAN CITY COMMISSION AND U.D.O. REQUIRED COVENANTS . . . . . . . . . 36 EXHIBIT A Description of Property . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39 EXHIBIT B Properties Owned by Declarant Which May be Added to the Declaration . . . . . . . . . . . . . . . . 40 • EXHIBIT C Other Properties Which May be Added to the Declaration . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41 EXHIBIT D Initial Common Elements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42 • DECLARATION OF • THE CROSSING AT BAXTER MEADOWS PROPERTY OWNERS ASSOCIATION (A PLANNED COMMUNITY) THIS DECLARATION is made on the date hereinafter set forth by Baxter Meadows West LLC, a Montana limited liability company("Declarant"). RECITALS A. Declarant is the owner of certain real estate in the Gallatin County, State of Montana, which is more particularly described as set forth in Exhibit A attached hereto and by reference made a part hereof. B. Declarant desires to create a planned community on the real estate described in Exhibit A under the name of"The Crossing at Baxter Meadows Property Owners Association, Inc.," in which portions of the real estate described in Exhibit A will be designated for separate ownership and uses of a residential nature and in which portions of the real estate are to be owned by an owners association. C. Declarant has caused "The Crossing at Baxter Meadows Property Owners Association, Inc.,"a Montana nonprofit corporation,to be incorporated under the laws of the State of Montana, as an owners association, for the purpose of exercising the functions set forth in this Declaration. NOW, THEREFORE, Declarant declares and states as follows: • ARTICLE 1. SUBMISSION/DEFINED TERMS Section 1.1 Submission of Property. The Declarant hereby submits the real estate described in Exhibit A and such additional real property as may be subsequently added, pursuant to the expansion rights reserved in this Declaration, together with and subject to all easements, rights, and appurtenances thereto and the buildings and improvements erected or to be erected thereon (collectively, the"Property"), and to the terms and conditions of this Declaration and the Baxter Meadows Master Community Declaration. Declarant hereby declares that all of the Property described in Exhibit A, and as added by expansion, shall be held or sold, and conveyed subject to the following easements,restrictions,covenants,and conditions.Declarant further declares that this Declaration is made for the purpose of protecting the value and desirability of the Property,that this Declaration shall run with the Property and shall be binding on all parties having any right, title or interest in the Property or any part thereof,their heirs,legal representatives,successors,and assigns and shall inure to the benefit of each Lot Owner thereof. Section 1.2 Name and Type. The type of common interest community is a Planned Community. The name of the Association is "The Crossing at Baxter Meadows Property Owners Association, Inc." Page I HABaxter Meadows\POA-HOA\South PDXAFINAL DOCUMENTS\South POA CCRs November 12007_FINAL.wpd • ,I • Section 1.3 Property. The Community is located in the Gallatin County, State of Montana. The initial Property of the Community is described in Exhibit A. The Community may be subject to easements or licenses granted pursuant to this Declaration, or granted by authority reserved in any recorded document. Section 1.4 Defined Terms. Each capitalized term in this Declaration or in the Plat shall have the meaning specified below, unless otherwise defined in this Declaration: A) Baxter Meadows Master Community Association Building and Landscape Review Committee, or`BLRC", means the committee appointed by the President of the Board of Directors of the Baxter Meadows Master Community Association whose function is to review and approve or disapprove plans,specifications,designs, landscaping, sites and locations of improvements to be constructed or erected on any lot within the Property as such applications may relate to the Baxter Meadows Master Community Association Building and Landscape Design Regulations and Guidelines.At the BLRC's discretion,said functions may be performed by a contracted party suitably qualified for performance of such roles. B) "Assessment"shall include all common expense assessments,insurance assessments, utility assessments,and any other expense levied to a Lot pursuant to this Declaration or the Act. C) "Association" shall mean The Crossing at Baxter Meadows Pmperty Owners Association, Inc., a Montana nonprofit corporation, and its successors. • D) "Common Elements"shall mean all real property owned by the Association for the common use and enjoyment of the Owners and such property as Declarant may convey to the Association. E) "Common Expense" shall mean any expenditure made or a liability received by or on behalf of the Association, together with any allocations to reserves. F) "Common Expense Assessment" shall mean the Assessment for allocation of Common Expenses among the Lots and Owners, as provided in this Declaration and the Act. G) "Community"shall mean the planned community known as"The Crossing at Baxter Meadows ," and the real property subject to this Declaration and as further defined by the recorded plats and the legal descriptions contained therein, and the Members of the Association. H) "Declarant"shall mean the Declarant named in this Declaration, and any successor and/or assignee designated by written notice or assignment executed by the Declarant designated in this Declaration and executed by the transferee and recorded,to the extent any rights or powers reserved to Declarant are transferred or assigned to that party. I) "Development"or"Special Declarant Rights"shall mean those rights set forth in this Declaration. • Page 2 HABaxter Meadows\POA-HOMSouth POA's\FINAL DOCUMENTS\South POA CCRs November 12007_FINAL.wpd i 0 J) "Executive Board," "Board" or "Board of Directors" shall mean the body, regardless of name, consisting of five members, designated in this Declaration to act on • behalf of the Association. K) "Exhibit B"shall mean and refer to Exhibit B as attached to and incorporated in this Declaration, and as Exhibit B may be amended or supplemented, from time to time. L) "Governing Documents"shall mean this Declaration,the Plat,any Map,the Articles of Incorporation,the Bylaws,and any Rules and Regulations of the Association,as all of the foregoing may be amended from time to time. M) "Improvement(s)"shall include, but not exclusively, all buildings, outbuildings, bridges, roads, trails, pathways, driveways, parking areas, fences, screening walls and barriers, retaining walls, stairs, decks, water lines, sewer lines, springs, ponds, swimming pools, tennis courts, lagoons, ditches, viaducts and electrical, gas and TV distribution facilities, hedges, windbreaks, plantings, natural or planted turf, trees and shrubs, poles, signs, loading areas and all other structures, installations and landscaping of every type and kind, whether above or below the land surface. N) "Limited Common Elements"shall mean those portions of the Common Elements, if any,designated by Declarant for the exclusive use of one or more but fewer than all of the Lots. O) "Lot' or"Unit' shall be defined to enable these terms to be used interchangeably, as appropriate, and shall mean and refer to any plot of land shown upon any recorded subdivision Map or Plat of the Property with the exception of Common Elements, if any. • P) "Map" shall mean and refer to recorded map(s) of the Property and Improvements that are subject to this Declaration. More than one map or supplement thereto may be recorded, and, if so, then the term "Map" shall collectively mean and refer to all maps and supplements thereto. Q) "Master Declaration'shall mean the Community Declaration for Baxter Meadows Master Community. R) "Member"shall mean and refer to those persons entitled to membership as provided in the Bylaws and as set forth in this Declaration. S) "Owner" shall mean any person or entity that owns a Lot. T) "Owners' Center" shall mean Lot 11 of Block 7 and is designated as a community center for the sole use of residents of The Crossing, Phase 4 of Baxter Meadows Subdivision PUD. U) "Pet' shall mean and include cats, dogs,birds, reptiles or other household animals, as may be further defined in or supplemented by the Rules and Regulations. V) "Period of Declarant Control' shall mean the period of time commencing on the date of recordation of this Declaration and expiring on the earlier of seven years thereafter, or 60 days after conveyance of 75%of the Lots that may be made subject to this Declaration. The Period of Declarant Control shall in any case terminate on the date upon which all • Page 3 H:\Baxter Meadows\POA-HOA\South POM FINAL DOCUMENTS\South POA CCRs November 12007_FINAL.wpd 0 0 property subject to annexation to the Community has become a part of the Community and the last Lot within the Community has been conveyed by the Declarant. W) "Plat"shall mean and refer to the plat(s)of the Property and Improvements that are subject to this Declaration. More than one Plat or supplement thereto may be recorded,and, if so, then the term "Plat" shall collectively mean and refer to all plats and supplements thereto. X) "Property"or"Real Estate" shall mean the property described in this Declaration together with all easements, rights, and appurtenances thereto and the buildings and Improvements erected or to be erected thereon. Y) "Rules and Regulations"shall mean any instruments,however denominated, which are adopted by the Association for the regulation and management of the Community, including architectural guidelines, and including any amendment to those instruments. ARTICLE 2. EASEMENTS Section 2.1 Utility, Map and Plat Easements. Easements for utilities and other purpose over and across the Lots and Common Elements may be as shown upon the recorded Plats of the Community, and as may be established pursuant to the provisions of this Declaration, or granted by or under the authority reserved in any recorded document. • Section 2.2 Owners' Easements of Enjoyment/Acknowledgments. A) Every Owner shall have a right of access to their Lot and of enjoyment in and to any Common Elements, and such easement shall be appurtenant to and shall pass with the title to every Lot, subject to the following provisions: 1. the Development and Special Declarant Rights of the Declarant reserved in this Declaration; 2. the right of the Association to promulgate and publish Rules and Regulations with which each Owner and their tenants,invitees,licensees and guests shall strictly comply; 3. the right of the Association to close or limit the use of the Common Elements while maintaining, repairing and making replacements in the ConL-non Elements, and the right of the Association to close or limit the use of any Common Elements; 4. the right of the Association to suspend the voting rights and,after notice and the opportunity for a hearing, the right to use any Common Elements, for a period not to exceed 60 days or during any period of violation of any other provision of the Governing Documents, whichever is greater; 5. the right,power and authority of the Association to grant any easement, right- of-way,license,lease,dedication or similar interest through,over or in the Common • Elements; Page 4 HABaxter Meadows\POA-HOA\South POMWINAL DOCUMENTS\South POA CCRs November 12007_FINAL.wpd Section 2.3 Drainage Easements. An easement is hereby granted to the Association and Declarant and local government, their officers, agents, employees, successors and assigns to enter upon, across, over, in and under any portion of the Property subject to this Declaration for the purpose of changing, correcting or otherwise modifying the grade of the Property, the Lots or drainage channels so as to improve the drainage of water. Said easements shall be deemed to also include easements for the collection of storm water runoff. Every Lot and the Common Elements shall be burdened with easements for natural drainage of storm water runoff from other portions of the Property, provided, no Person shall alter the natural drainage on any Lot so as to materially increase the drainage of water onto adjacent portions of the Property or any Lot without the consent of the Owner of the affected property. Any damage to any Improvement caused by Declarant or the Association in exercising its rights under this Section will be repaired promptly by the entity causing the damage. The foregoing, however, shall not be deemed to render the Association or Declarant liable for any damage caused by any third party,including,without limitation,any utility company. Section 2.4 Utilities. Declarant hereby creates and reserves to the Association, a blanket easement upon, across, over and under the Association for access, utilities, drainage and the installation, replacement, repair and maintenance of utilities, including but not limited to water, sewer, waste water treatment, effluent irrigation systems, gas, telephone, electricity and master television antenna or cable systems, if any, provided,however, such easement shall not encumber or affect any portion of the Real Estate that is anticipated to be improved, or that has been • improved, with a residence, improvement or any related structure, such as a patio or garage. By virtue of this blanket easement, it shall be expressly permissible for the Association to erect and maintain the necessary facilities,equipment and appurtenances on the Property and to affix,repair, and maintain landscaping, fencing,water,treated waste water, effluent irrigation and sewer pipes, gas, electric, telephone and television wires, circuits, conduits and meters, and such other improvements or facilities. If any utility or quasi-utility company furnishing a service covered by the general easement created in this Section requests a specific easement, a separate right and authority to grant such easement upon, across, over or under any part or all of the Property is reserved, provided the easement granted does not conflict with the terms hereof. The easement provided for in this Section shall in no way affect, avoid, extinguish or modify any other recorded easement on the Property. Any damage to any improvement caused by Declarant or the Association in exercising its rights under this Section will be repaired promptly by the entity causing the damage. The foregoing,however,shall not be deemed to render the Association or Declarant liable for any damage caused by any third party, including, without limitation, any utility company. Section 2.5 Emergency Easements. A nonexclusive easement for ingress and egress is hereby granted to all police, sheriff, fire protection, ambulance, and other similar emergency agencies or persons, now or hereafter servicing the Community, to enter upon any part of the Community in the performance of their duties. Page 5 HABaxter Meadows\POA-HOA\South POA's\FINAL DOCUMENTS\South POA CCRs November 12007_FINAL.wpd • • Section 2.6 Delegation of Use. Any Member may delegate, in accordance with the Bylaws and Rules and Regulations adopted by the Executive Board, his right of enjoyment to the Common Elements to the members of his family,his tenants,or contract purchasers who reside on the Property. If the Owner delegates rights to use the Common Elements and facilities to tenants or contract purchasers who reside on the Property, the Owner shall not be entitled to use the Common Elements and facilities. ARTICLE 3. THE ASSOCIATION Section 3.1 Membership. Every person who is a record Lot Owner of a fee interest in any Lot which is subject to this Declaration shall be a Member of the Association. Membership shall be appurtenant to and may not be separated from ownership of any Lot. Ownership of such Lot shall be the sole qualification for such membership. Where more than one person holds an interest in any Lot, all such persons shall be Members. Section 3.2 General Purposes and Powers of the Association. The Association, through its Executive Board, shall perform functions and manage the Community as provided in this Declaration so as to protect the value and desirability of the Community and the Lots and to further the interests of the residents, occupants,tenants and guests of the Community and members of the Association. Any purchaser of a Lot shall be deemed to have assented to, ratified and approved such designation and management. The Association shall have all power necessary or desirable to • effectuate such purposes. Section 3.3 Authority of the Association. The business affairs of the Community shall be managed by the Association. The Association shall be governed by this Declaration, the Plat Map,Articles of Incorporation and Bylaws,Rules and Regulations adopted by the Executive Board, and all publically recorded documents defining the Baxter Meadows Maste_ Community Association to the extent that they affect the Community. All corporate or other powers of the Association, unless otherwise specified or expressly reserved to the Members in the Governing Documents, shall be exercised by or under the authority of the Executive Board, and the business and affairs of the Association shall be managed under the direction of the Executive Board. The Executive Board may,by written resolution,delegate authority to a manager or managing agent for the Association, provided no such delegation shall relieve the Board of final responsibility. The Association may exercise any right or privilege expressly granted to the Association in the Governing Documents, and every other right or privilege reasonably implied from the existence of any right or privilege given to the Association under the Governing Documents or reasonably necessary to effect any such right or privilege. The Association shall perform all of the duties and obligations expressly imposed upon it by the Governing Documents, and every other duty or obligation implied by the express provisions of the Governing Documents or necessary to reasonably satisfy any such duty or obligation. • Page 6 HABaxter Meadows\POA-HOA\South POA's\FINAL DOCUMENTS\South POA CCRs November 12007_FINAL.wpd 0 0 Section 3.4 Association Agreements. Any agreement for professional management of the Community must provide for termination by either party with or without cause and without payment • of a termination fee or penalty upon 30 days written notice. The Association shall not be bound either directly or indirectly to contracts or leases (including management contracts) entered into during the Declarant Control period unless the Association is provided with a right of termination of any such contract or lease without cause, which is exercisable without penalty at any time after the turnover date upon not more than 30 days' notice to the other party thereto. Section 3.5 Bulk Service Agreements. The Association shall have the power and authority to enter into bulk service agreements for such terms and rates as it deems appropriate in order to provide the Owners with any of the following services: cable television, community satellite television,electronic entertainment,information or communication services,trash removal or any other service the Association believes to be in the best interests of the Owners. If such a bulk service agreement is executed,the costs shall be allocated a Common Expense of the Association. Section 3.6 Allocated Interests. A) Common Expense liability and votes in the Association allocated to Lots are as follows: 1. The percentage of liability for Common Expenses,on an equal basis between each Lot in the Community; 2. The percentage of liability for expenses related to a Limited Common • Element,shall be allocated on an equal basis to those to whom the Limited Common Element is assigned. B) If Lots are added to the Community, pursuant to the provisions of this Declaration, the formulas set forth above, or then in use, shall be used to reallocate the Allocated Interests. C) Declarant reserves the right to change the above formulas for allocation of the Allocated Interests, based on possible future annexations to the property. Section 3.7 Duty to Accept Common Elements and Facilities Transferred by Declarant. The Association shall accept any Common Elements or property, including any Improvements thereon, and personal property transferred to the Association by Declarant and equipment related thereto, together with the responsibility to perform any and all functions associated therewith, provided that such property and functions are not inconsistent with the terms of this Declaration. Any property or interest in property transferred to the Association by Declarant shall, except to the extent otherwise specifically approved by resolution of the Executive Board,be transferred to the Association free and clear of all liens (other than the lien of property taxes and Assessments not then due and payable), but shall be subject to the terms of this Declaration and any Supplemental Declaration applicable thereto. Page 7 HABaxter Meadows\POA-HOA\South PDXAFINAL DOCUMENTS\South POA CCRs November 12007_FINAL.wpd • • Section 3.8 Power to Operate and Charge for Facilities and Services. The Association shall have the power to acquire, create, own and operate any and all such facilities and services as it deems appropriate, including, without limitation, landscape maintenance and refuse collection, or any other similar or dissimilar function, and to establish charges for the use of facilities and services. The charges may include admission, rental or other fees and charges for any use of property,facilities or services of the Association. Such charges or fees shall be as determined from time to time by the Executive Board. Section 3.9 Indemnification. To the full extent permitted by law, each officer, director, committee member or volunteer of the Association shall be and hereby are indemnified by the Owners and the Association against all expenses and liabilities including attorney fees,reasonably incurred by or imposed upon them in any proceeding to which they may be a party,or in which they may become involved,by reason of being or having been an officer, director, committee member or volunteer of the Association, or any settlements thereof, whether or not they are an officer, director, committee member or volunteer at the time such expenses are incurred; except in such cases wherein such officer,director,committee member or volunteer is adjudged guilty ofbreaching his or her duty of care in the performance of his or her duties. Section 3.10 Security Disclaimer. The Association may,but shall not be required to, from time to time,provide measures or take actions which directly or indirectly improve security in the • Community;however, each Owner, for himself or herself and his or her tenants, guests, licensees and invitees, acknowledges and agrees that the Association is not a provider of security and shall have no duty to provide security in the Community. Furthermore, the Association does not guarantee that non-residents will not gain access to the Community and commit criminal acts in the Community, nor does the Association guarantee that criminal acts in the Community will not be committed by residents. It shall be the responsibility of each Owner to protect his or her person and property and all responsibility to provide such security shall lie solely with each Owner. The Association shall not be held liable for any loss or damage by reason of failure to provide security or the ineffectiveness of measures taken. Section 3.11 Declarant's Right to Appoint During Period of Declarant Control. The Declarant shall have the reserved power to appoint and remove officers and members of the Board as allowed under this Declaration and more particularly provided for in the Bylaws, based on the total number of Lots that may be created within the Community pursuant to this Declaration. The Declarant may voluntarily surrender any or all of the foregoing rights to appoint and remove officers and members of the Board before termination of the Period of Declarant Control. In that event,the Declarant may require, for the duration of the Period of Declarant Control, that specified actions of the Board, as described in a recorded instrument executed by the Declarant,be approved by the Declarant before they become effective. • Page 8 H:\Baxter Meadows\POA-HOA\South POA's\FINAL DOCUMENTS\South POA CCRs November 12007_FINAL.wpd ARTICLE 4. LOTS AND COMMON ELEMENTS • Section 4.1 Number of Lots. The number of Lots initially included in the Community is thirty-four(34). Section 4.2 Common Elements. The property described in Exhibit D, including Open Spaces A, B, C, D, and E, as recorded on the Plat Maps, and any improvements thereon are the initial Common Elements within The Crossing at Baxter Meadows Property Owners Association, which maybe deeded by the Declarant to the Baxter Meadows Master Community Association.The improvements on the Common Elements may be changed from time to time by the Executive Board of the Baxter Meadows Master Community Association. ARTICLE 5. MAINTENANCE Section 5.1 Association Responsibility. The Crossing at Baxter Meadows Property Owners Association shall repair,replace,improve and maintain the Common Elements and public open spaces within The Crossing at Baxter Meadows(including perimeter fencing and other fences designated as Common Elements on the Map) and all improvements located thereon, including without limitation,any common landscaping,common sprinkler system,common private roadways as indicated on the Plat maps, common sidewalks, stormwater facilities, common pathways, and common light fixtures including street lights located on Vaquero Parkway, Monida Drive, Lolo Way, Lemhi Trail Drive, Marias Lane and Caspian Avenue. The Association shall also be • responsible for the following improvements located on each Lot: Section 5.2 Association Discretion. The Crossing at Baxter Meadows Property Owners Association shall, in its sole discretion, ascertain whether any given maintenance obligation is the duty of the Association and is necessary. It is the intent of The Crossing at Baxter Meadows Property Owners Association to provide landscape maintenance and snow removal on all private Lots within the development. The Association, in its sole discretion, shall determine the time and manner in which such maintenance shall be performed. l. maintaining water and electricity to any automatic sprinkler systems, timers, clocks or related equipment, as located in or on each Lot; 2. all vehicular driveway and pedestrian walkway surfaces on each Lot; 3. all landscaping improvements including underground irrigation systems,lawn,trees, shrubs and planting beds on each Lot and in all common areas. Section 5.3 Common Area and Facility Maintenance Guarantee. In the event the Association established to own and maintain commonly owned open spaces, recreational areas, facilities, private streets, and parking lots, shall at any time fail to maintain the common areas or facilities in reasonable order and condition in accordance with the approved plan, the Bozeman Page 9 HABaxter Meadows\POA-HOA\South POA's\FINAL DOCUMENTS\South POA CCRs November 12007_FINAL.wpd • 0 0 • City Commission may cause written notice to be served upon the Association or upon the owners or property in the development. The written notice shall set forth the manner in which the common areas or facilities have failed to be maintained in reasonable condition. In addition,the notice shall include the demand that the deficiencies noted to be cured within thirty days thereafter and shall state the date and place of a hearing to be held within fourteen days of the notice. At the time of hearing, the City Commission may modify the terms of the original notice as to deficiencies and may extend the time within which the same may be cured. If the deficiencies set forth in the original notice or modifications are not cured within the time set, the City may enter upon such common facilities and maintain the same for a period of one year, in order to preserve the taxable values of properties within the development and to prevent the common facilities from becoming a public nuisance. Such entry and maintenance shall not vest in the public any right to use the common facilities not dedicated to public use. Before the one year period expires,the Commission shall,upon its own initiative or upon written request of the organization theretofore responsible for maintenance, call a public hearing and give notice of such hearing to the organization responsible for maintenance or the property owners of the development. At the hearing, th-. organization responsible for maintenance and/or the residents of the development may show cause why maintenance by the City should not be continued for a succeeding year. If the City Commission determines that it is not necessary for the City to continue such maintenance, the City shall cease such maintenance at the time established by the City Commission. Otherwise the City shall continue maintenance for the next succeeding year subject to a similar hearing and determination at the end of each year thereafter. • A) The cost of maintenance by the City shall be a lien against the common facilities of the development and the private properties within the development. The City Commission shall have the right to make assessments against properties in the development on the same basis that the Association makes assessments. Any unpaid assessment shall be a lien against the property responsible for the same,enforceable the same as a mortgage against such property. The City may further foreclose its lien on the common facility by certifying the same to the County Treasurer for collection as in the case of collection of general property taxes. B) Should the Association request that the City assume permanent responsibility for maintenance of facilities, all facilities shall be brought to City standards prior to the City assuming responsibility. The assumption of responsibility must be by action of the City Commission and all costs to bring facilities to City standards shall be the responsibility of the property owners association. The City may create special financing mechanisms so that those properties within the area affected by the Association continue to bear the costs of maintenance. Section 5.4 Access. For the purpose of performing the maintenance referred to in this Article, and inspections related thereto, the Executive Board, through its duly authorized agents, contractors, employees and the Master Community Association BLRC, shall have the right, after reasonable notice to the Owner or occupants thereof and during regular business hours, to enter upon any Lot and improvements thereon, and such entry shall not be deemed a trespass. In • emergency situations, the Executive Board or its agents, contractors or employees, may enter without notice at any time, but the Owner or other occupants thereof shall be noti ed as soon as Page 10 HABaxter Meadows\POA-HOA\South POMWINAL DOCUMENTS\South POA CCRs Novembe.12007_FINAL.wpd reasonably possible thereafter. In performing repairs or maintenance authorized under this Article, the Association shall not be liable for any loss, cost or damage caused by its actions, except on • account of its willful misconduct. Section 5.5 Owner Maintenance. A) Each Owner shall have the obligation to maintain, repair and replace all portions of the Owner's Lot as defined below. No changes affecting the exterior appearance of any improvements shall be made unless prior written approval is obtained from the BLRC prior to making such changes. 1. all paint, repair, replace, maintain and care for roofs, siding, stonework, garage doors, gutters, downspouts, fences, patios, decks,balconies, railings and exterior building surfaces on each Lot. 2. all glass surfaces, windows, window frames, casings and locks; 3. all lights, exterior light fixtures and exterior light bulbs on each Lot; 5. all utilities, fixtures and equipment servicing a Lot, commencing at a point where the utility lines, pipes, wires, conduits or systems serving such Lot connects with a main line shall be maintained and kept in repair by the Owner thereof, all utility meters or other apparatus serving only their home; and communications, television, telephone and electrical lines, receptacles and boxes serving their home. 6. any Association approved additions or alterations made by the Owner to the • Lots. B) An Owner shall do no act nor any work that will impair any easement or utility service, nor do any act or allow any conditions to exist which will adversely affect the use and enjoyment of the other Lots or the provision of utility services to such Lots. C) No Owner shall, in whole or in part, change the landscaping or drainage pattern adjacent to his Lot by the addition or removal of any items thereon without the prior written consent of the BLRC. D) If an Owner fails to fulfill his responsibilities under this Section, the Board may, at its option,take such action as it deems appropriate,including without limitation performing the Owner's obligations,after 10 days notice to such Owner,except in emergencies,and any costs resulting therefrom shall be an Assessment against such Owner and his Lot. Section 5.6 Negligence. In the event that the need for maintenance or repair of the Common Elements or any portion of the Property is caused through the willful or negligent act of the Owner,his family,guests,tenants,or invitees,then the cost of such maintenance or repairs shall be the personal obligation of such Owner, and if not repaid to the Association within 10 days after the Association shall have given notice to the Owner of such expenses, costs and fees,then failure to so repay shall be a default by the Owner under the provisions of this Declaration, and such • Page I I HABaxter Meadows\POA-HOA\South POM FINAL DOCUMENTS\South POA CCRs November 12007_FINAL.wpd 9 0 • expenses, costs and fees shall automatically become an Assessment determined and levied against such Lot, and the Association may proceed in accordance with the applicable provisions of this Declaration to collect the Assessment. ARTICLE 6. COVENANT FOR COMMON EXPENSE ASSESSMENTS Section 6.1 Creation of Association Lien and Personal Obligation to Pay Common Expense Assessments. Declarant, for each Lot, shall be deemed to covenant and agree, and each Owner, by acceptance of a deed therefor, whether or not it shall be so expressed in any such deed or other conveyance, shall be deemed to covenant and agree to pay to the Association annual Common Expense Assessments, insurance Assessments, and such other Assessments as imposed by the Association. Such Assessments, including fees, charges, late charges, attorney fees, taxes on common elements (Open Spaces A,B,C,D, &E), fines and interest charged by the Association shall be the personal obligation of the Owner of such Lot at the time when the Assessment or other charges became or fell due. The Association annual Common Expense Assessments and such other Assessments as imposed by the Association, including fees, charges, late charges, attorney fees, fines and interest charged by the Association, shall be a charge on each Lot and shall be a continuing lien upon the Lot against which each such Assessment or charge is made. If any Assessment is payable in installments,the full amount of the Assessment is a lien from the time the first installment becomes due. The personal obligation to pay any past due sums owed to the Association shall not pass to a successor in title unless expressly assumed by them. No Owner may • become exempt from liability for payment of the Common Expense Assessments by waiver of the use or enjoyment of the Common Elements or by abandonment of the Lot against which the Common Expense Assessments are made. All Assessments shall be payable in the amounts specified in the levy thereof, and no offsets or reduction thereof shall be permitted by any reason including,without limitation,any claim that the Association or the Executive Board is not properly exercising its duties and powers under this Declaration. Except as provided in this Declaration,all Common Expense Assessments shall be assessed against all Lots equally. Section 6.2 Basis of Assessments. The Common Expense Assessment may be made on an annual basis against all Lots and shall be based upon the Association's advance budget of the cash requirements needed by it to provide for the administration and performance of its duties during such Assessment year. Section 6.3 Annual Assessment. The budget for annual Assessments may be submitted to the Lot Owners for ratification and as set forth in the Bylaws, as the Bylaws may be amended from time to time. If submitted, the budget may be vetoed by votes of Owners representing a majority of the total Association vote. Assessments for Common Expenses shall be due and payable in monthly,quarterly,or annual installments,or in any other manner,as determined by the Executive Board. The omission or failure of the Executive Board to levy the Assessment for any period shall not be deemed a waiver, modification or a release of the Lot Owners from their • obligation to pay. Page 12 HABaxter Meadows\POA-HOA\South POMWINAL DOCUMENTS\South POA CCRs November 12007_FINAL.wpd 0 0 Section 6.4 Street Maintenance Assessment. Maintenance of streets within The Crossing which are not currently constructed to City standards inclusive of Lolo Way, Marias Lane, Lemhi • Trail Drive, Caspian Avenue, and Monida Drive, due to having rollover type curb and gutter shall be maintained via an additional assessment collected by The Crossing at Baxter Meadows Property Owners Association. Based on current snow plowing estimates, that amount shall initially be set at $60 per dwelling unit annually. Actual assessment amounts shall be determined by the Association at a later date, and may be changed from time to time. The City will accept maintenance responsibility of these streets if they are reconstructed to City standards. Section 6.5 Special Assessments. In addition to other authorized Assessments, the Association may levy Special Assessments from time to time to cover previously unbudgeted expenses or expenses in excess of those budgeted, including, without limitation, the costs of any construction, restoration, or unbudgeted repairs or replacements of capital improvements that are not covered by the general reserve fund. The proposed Special Assessment shall be submitted to the Lot Owners for ratification and as set forth in the Bylaws, as the Bylaws may be amended from time to time. The proposed Special Assessment may be vetoed by a majority of the total Association vote. A proposed Special Assessment will be ratified unless Owners representing more than a majority of the votes allocated to the Lots that will be subject to the special Assessment vote, either in person or by proxy,to reject the Special Assessment at a meeting called for such purpose. Special Assessments may be payable in installments extending beyond the fiscal year in which the Special Assessment is approved. The Board shall have the right to require that Special Assessments be paid in advance of the provision of the subject services or materials. Section 6.6 Commencement of Assessments. The obligation to pay Assessments against • fewer than all of the Lots as provided for in this Declaration shall commence as to each Lot upon conveyance of Property to first Owner. The first annual Common Expense Assessment levied on each Lot, whether levied at partial or full rate as provided in this Declaration, shall be prorated according to the number of months remaining in the fiscal year at the time Assessments commence on the Lot. The omission or failure of the Executive Board to levy the Assessment for any period shall not be deemed a waiver,modification or a release of the Owners from their obligation to pay. Section 6.7 Effect of Non-Payment of Assessments. Any Assessment, charge or fee provided for in this Declaration,or any monthly or other installment thereof,which is not fully paid within 10 days after the due date thereof, as established by the Executive Board, shall bear interest at the rate established by the Executive Board, on a per annum basis from the due date, and the Association may assess a reasonable late charge thereon as determined by the Executive Board. Failure to make payment within 10 days of the due date thereof shall cause the total amount of such Owner's Common Expense Assessment for the remainder of that fiscal year to become immediately due and payable at the option of the Board. Further, the Association may bring an action at law or in equity, or both, against any Owner personally obligated to pay such overdue Assessments, charges or fees,or monthly or other installments thereof,and may also proceed to foreclose its lien against such Owner's Lot. An action at law or in equity by the Association against an Owner to Page 13 HABaxter Meadows\POA-HOA\South POA's\FINAL DOCUMENTS\South POA CCRs November 12007_FINAL.wpd • 0 • recover a money judgment for unpaid Assessments, charges or fees, or monthly or other isinstallments thereof, may be commenced and pursued by the Association without foreclosing, or in any way waiving, the Association's lien therefor. Foreclosure or attempted foreclosure by the Association of its lien shall not be deemed to stop or otherwise preclude the Association from thereafter again foreclosing or attempting to foreclose its lien for any subsequent Assessment, charges or fees, or monthly or other installments thereof, which are not fully paid when due. The Association shall have the power and right to bid on or purchase any Lot at foreclosure or other legal sale, and to acquire and hold, lease, mortgage, vote the Association votes appurtenant to ownership thereof, convey or otherwise deal with the same. If a foreclosure action is filed to foreclose any Assessment lien, and an Owner abandons or leaves vacant his or her Lot, the Board may take possession and rent said Lot or apply for the appointment of a receiver for the Lot without prior notice to the Owner. The rights of the Association shall be expressly subordinate to the rights of any holder of a first lien security interest as set forth in its deed of trust or mortgage(including any assignment of rents). Section 6.8 Lien Priority. The lien of the Association under this Section is prior to all other liens and encumbrances on a Lot except: (1) liens and encumbrances recorded before the recordation of the Declaration;(2)a first lien security interest on the Lot(except as may be allowed by the Act with regard to a limited lien priority allowed to the Association); and (3) liens for real estate taxes and other governmental assessments or charges against the Lot. This Section does not affect the priority of mechanics' or materialmen's liens. The lien of the Association under this Article is not subject to the provision of any homestead exemption as allowed under state or federal • law. Sale or transfer of any Lot shall not affect the lien for said Assessments or charges except that sale or transfer of any Lot pursuant to foreclosure of any first lien security interest, or any proceeding in lieu thereof, including deed in lieu of foreclosure, or cancellation or forfeiture shall only extinguish the lien of Assessment charges as provided by applicable state law. No such sale, transfer, foreclosure, or any proceeding in lieu thereof, including deed in lieu of foreclosure, nor cancellation or forfeiture shall relieve any Lot from continuing liability for any Assessment charges thereafter becoming due, nor from the lien thereof. Section 6.9 Working Fund. The Association may require every Owner of a Lot (other than Declarant)to make a non-refundable payment to the Association in an amount equal to three months of the annual Common Expense Assessment against that Lot in effect at the closing thereof, which sum shall be held,without interest,by the Association as a working fund. Said working fund shall be collected and transferred to the Association at the time of closing of the initial sale by Declarant of each Lot, as aforesaid, and shall be for the use and benefit of the Association. Such payment shall not relieve an Owner from making regular payments of Assessments as the same become due. Section 6.10 Owner's Negli;;ence or Misconduct. In the event that the need for maintenance, repair, or replacement of the Common Elements, or any portion thereof, is caused through or by the negligent or willful act or omission or misconduct of an Owner, or the Owner's agents,employees,guests,customers,or invitees,then the expenses,costs,and fees incurred by the Association for such maintenance, repair, or replacement shall be a personal obligation of such • Owner. If such expenses, costs and fees incurred by the Association are not repaid to the Page 14 HABaxter MeadowsTOA-HOA\South POMWINAL DOCUMENTS\South POA CCRs November 1 2007_FINAL.wpd 0 Association within seven days after the Association shall have given notice to the Owner of such expenses, costs, and fees, then the failure to so repay shall be a default by the Owner under the • provisions of this Declaration. Such expenses,costs,and fees shall automatically become a default Assessment determined and levied against such Lot,and the Association may proceed in accordance with the applicable provisions of this Declaration. Section 6.11 Supplemental Assessments. The Association shall have the right to add to any Owner's Assessment as provided in this Article the following: A) those amounts expended by the Association for the benefit of any individual Lot or any occupant thereof, including but not limited to: Lot insurance; improvement, repair, replacement and maintenance specific to a Lot; improvement, repair, replacement and maintenance caused by the negligent or willful acts of any Owner, his or her guest, employee, licensee, lessee or invitee as set forth in this Declaration; B) any extraordinary maintenance, repair, improvement and replacement costs of any area which the Association maintains required on fewer than all the Lots; C) all fines and costs assessed against an Owner pursuant to the Governing Documents; and D) any other expenditures or charges which the Board,in its sole discretion, chooses to allocate to a Lot and are reasonably determined to be allocable to a particular Lot. Section 6.12 Borrowiniz. The Association shall have the power to assign its right to future • income, including the right to assign its right to receive Common Expense Assessments,but only upon the affirmative vote of a majority of the Owners present and voting,in person or by proxy, at a duly constituted meeting called for that purpose. I ARTICLE 7. RESTRICTIONS ON USE, ALIENATION AND OCCUPANCY All Property within the Community shall be held,used and enjoyed subject to the following limitations and restrictions. The strict application of the following limitations and restrictions in any specific case may be modified or waived, in whole or in part,by the Executive Board or by an appropriate committee(subject to review by the Executive Board) if such strict application would be unreasonable or unduly harsh under the circumstances. Any such modification or waiver must be in writing or must be contained in written guidelines or rules. The following use restrictions are also subject to the Development Rights and Special Declarant Rights reserved by the Declarant. Section 7.1 Use of Lots/Occupancy of Improvements on Lots. All Lots within the Community shall be used only for those uses and/or purposes as allowed by the local zoning, control and regulation. Occupancy may also be subject to any Rules and Regulations adopted by the Association and the Baxter Meadows Master Community Association. Lots shall not be used • Page 15 HABaxter Meadows\POA-HOA\South POA's\FINAL DOCUMENTS\South POA CCRs November 12007_FINAL.wpd • for any purpose other than a single residential dwelling except as set forth in this Section. Home occupations shall be allowed so long as such use is incidental and secondary to the use of the Lot and does not change the residential character thereof and complies with local zoning ordinances and regulations. In no event shall external advertising,of any kind,be permitted. Uses which have one or more of the following characteristics are not permitted: (1)manufacturing or fabrication of any kind; (2) storage of hazardous materials; (3) increased traffic or parked vehicles beyond that reasonable and customary to a residential dwelling use;(4)permanent or long term parking of heavy equipment, including semi trailers; (5)the use or rental of any structure on a Lot for any transient, hotel,motel,bed and breakfast,restaurant,bar or other commercial purposes. In no instance shall a home occupation be visible externally, nor shall any home occupation employ any person other than the Owner. Section 7.2 Design Approval Required/BLRC Construction of or significant changes to improvements upon the Lot must first be approved by the Building and Landscape Review Committee (BLRC). Property added to the Community by Declarant may be exempt from this Article,initially,and for subsequent Improvements. Specifically,no structure,temporary building, trailer, improvements, landscaping change shall be commenced, constructed, erected, placed or installed,including,but not limited to,a change in painting and/or staining of exterior siding,unless first submitted to and approved in writing by the BLRC. No shed or other outbuilding shall be used or permitted to be kept or stored on any portion of a Lot, either temporarily or permanently,unless approved by the BLRC. All additions to improvements on a Lot shall be of new construction. . • Owners of Lots undergoing construction of new residences shall first receive written acknowledgment of compliance from the BLRC prior to requesting a certificate of occupancy from the City of Bozeman. In order to present attractive architectural forms to the public, the architectural designs constructed upon Lots backing to Baxter Lane or Harper Pucket Road shall include rear elevation architectural features of similar detail and design to that of the front elevation (for example, covered porches, varied roof lines, multiple siding materials, varied facade planes, and decorative lighting) . Section 7.3 Landscaping Covenants and Restrictions. Within one growing season upon completion of construction,all portions of a Lot which are not improved with a residence,driveway, walkways,patios or decks(referred to as the unimproved area of a Lot)shall be landscaped by and maintained,repaired,replaced and improved by the Association. No Owner may make significant changes to existing landscaping without the prior written approval of the BLRC. Section 7.4 Plat Restrictions. The restrictions,if any,included on the plat for the Property are incorporated in this Declaration by this reference. Section 7.5 Guarantee for Open Space Preservation. Open Space shown on the approved final plan or Plat shall not be used for the construction of any structures not shown on the final plan. • Page 16 HABaxter Meadows\POA-HOA\South POA's\FINAL DOCUMENTS\South POA CCRs November 12007 FINAL. d _ µ'P 0 0 Section 7.6 Lot Maintenance. A) Vacant lots shall be maintained by the Association in accordance with these • Covenants, including mowing for fire safety and the control of noxious weeds. B) Owners are responsible for the maintenance, repair and replacement of the Improvements and properties located within their Lot boundaries which are not specifically the obligation of the Association to maintain,replace and keep in good repair, as set forth in other sections of this Declaration. C) Each Lot,at all times,shall be kept well maintained,in good repair,and replacement, and in a clean, sightly and wholesome condition. D) Trash,litter,junk,boxes,containers,bottles,cans implements,machinery,lumber or other building materials shall not be permitted to remain exposed upon or within any Lot so that the same are visible.from any neighboring Lot, or any street, except as necessary during a period of construction. E) During construction of or remodeling of Improvements on a Lot,the Owner and their contractors, if any, shall keep the Owner's Lot in a neat and maintained order, without construction debris on the Lot, and without debris blown or otherwise deposited or left elsewhere in the Community. Owners constructing improvements upon Lots shall ensure that all common areas, open spaces, and all right-of-ways, including but not limited to roads and sidewalks, shall be kept free of refuse, building materials, debris, and mud and gravel at all times. F) The Association and its agents, after 30 days notice to the Owner, shall have the • authority to enter,replace,maintain, repair and clean up Lots which do not conform to the provisions of this Declaration, and to charge and collect from the Lot Owners thereof all reasonable costs related thereto as an Assessment hereunder. Section 7.7 Fences and Privacy Walls. Fences, and/or privacy walls must have written approval of the BLRC prior to commencement of construction or significant change. Fences located in the side or rear yard setback areas of properties adjacent to any park or open space shall not exceed a maximum of four(4) feet, and shall be of open construction. Section 7.8 Restrictions on Vehicles, Vehicular Parking Serge and Repairs. A) Parking upon any areas within the Common Elements which are not intended for vehicular use is prohibited at all times, except as provided in(B), (ii)below. B) The following may not be parked or stored within the Community, unless s u c h parking or storage of such is completely within a garage on a Lot or authorized in writing by the Association: 1. List of precluded vehicles, trailers, etc: i oversized vehicles; Page 17 HABaxter Meadows\POA-HOA\South POMWINAL DOCUMENTS\South POA CCRs November 12007_FINAL.wpd • • ii trucks or pickup trucks over 3/4 ton; iii commercial delivery vans or delivery vehicles; iv commercial vehicles; v vehicles with commercial writing on their exteriors; vi trailers, including but not limited to camping trailers, boat trailers, hauling trailers; vii all boats and accessories thereto; viii self-contained motorized recreational vehicles; or ix other oversized types of vehicles or equipment as prohibited by rule or regulation. 2. Any of the foregoing may be parked temporarily,for not longer than 48 hours within any given month for loading, delivery of goods or services, or emergencies. 3. Overnight parking of the foregoing is prohibited. This restriction shall not apply to trucks or other commercial vehicles temporarily located within the Community which are necessary for construction or for the maintenance of any Common Elements, Lots, or any improvement located thereon. C) No abandoned,unlicensed or inoperable automobiles or vehicles of any kind shall be stored or parked on a Lot or within the Community unless parked or stored within a garage. • An "abandoned or inoperable vehicle" shall be defined by Montana statutes governing inoperable or abandoned vehicles on public streets, or as defined by rule or regulation adopted by the Association. In the event that the Association shall determine that a vehicle is an abandoned or inoperable vehicle, then a written notice describing said vehicle shall be personally delivered mailed to the Owner thereof or shall be conspicuously placed upon the vehicle. If the abandoned or inoperable vehicle is not removed within 72 hours after providing such notice, the Association shall have the right to remove the vehicle, and the owner thereof shall be solely responsible for all towing, fines and storage charges. D) No parked vehicle may impede the safe and efficient use of the streets by residents, obstruct emergency access to/from the Community, or interfere with the reasonable needs of other residents to use their driveway,including driveways that are shared by two,three or four Lots or Community streets. E) No activity such as,but not limited to,maintenance,repair,rebuilding, dismantling, repainting,or servicing of any kind of vehicle,trailer or boat,may be performed or conducted outside of garages. F) Parking in fire lanes (as designated by the Association or as designated by local government or a local fire protection authority) shall not be permitted. G) If any vehicle is parked on any portion of the Community in violation of this Section or in violation of the Association's Rules and Regulations, the Board may place a notice on the vehicle specifying the nature of the violation and stating that after 72 hours the • vehicle may be towed or booted. The notice shall include the name and telephone number Page 18 HABaxter MeadowsTOA-HOMSouth POA's\FINAL DOCUMENTS\South POA CCRs November 12007_FINAL.wpd 0 • of a person to contact regarding the alleged violation. A notice also shall be conspicuously placed at the Community stating the name and telephone number of the person or entity • which will do the towing hereunder. If 72 hours after such notice is placed on the vehicle the violation continues or thereafter occurs again within six months of such notice, the vehicle may be towed in accordance with the notice, without further notice to the vehicle owner or user. H) If a vehicle is parked in a fire lane, is blocking another vehicle or access to another Owner's or occupant's Lot, is obstructing the flow of traffic, is parked on any grassy area, or otherwise creates a hazardous condition,no notice shall be required and the vehicle may be towed immediately. If a vehicle is towed in accordance with this subparagraph, neither the Association nor any officer or agent of the Association shall be liable to any person for towing and storage costs or for any claim of damage as a result of the towing activity. The Association's right to tow is in addition to, and not in limitation of all other rights of the Association,including the right to assess fines. Notwithstanding anything to the contrary in this Section,the Board may elect to impose fines or use other available sanctions,rather than exercise its authority to tow. Section 7.9 No Temporary Structures/Sheds. Except during construction of Improvements on a Lot,no trailer,mobile home,tent or shack or other temporary building or similar structure shall be placed upon any Lot. Sheds or storage areas maybe allowed subject to application to the BLRC. Section 7.10 Roof Apparatus. No types of refrigerating,cooling or heating apparatus shall • be permitted on a roof or in a window,and no such apparatus shall be permitted elsewhere on a Lot, except when appropriately screened and approved by the Architectural Review Committee and Association. Section 7.11 No Wind Generators. No wind generators of any kind shall be constructed, installed, erected, or maintained on the Lots. Section 7.12 Clotheslines and Storag . No clotheslines, equipment or storage areas shall be so located on any Lot as to be visible from a street and/or public view. I Section 7.13 Restrictions on Animals and Pets. A) Pets may be kept in a home or on a Lot, if no more then two (2) Pets are kept if and the Pet is not a nuisance to other Owners or occupants. B) No Owner or resident shall maintain or keep any Pet which,in the sole discretion of the Baxter Meadows Master Community Association Executive Board, is considered to be a danger to the Owners, management staff or occupants in the Community or is otherwise considered to be a dangerous breed, as may be further defined in the Rules and Regulations. • Page 19 HABaxter Meadows\POA-HOA\South POMWINAL DOCUMENTS\South POA CCRs November 12007_FINAL.wpd • C) If a Pet is deemed a nuisance by the Master Community Association, the Owner or person having control of the Pet shall be given a written notice to correct the problem and if not corrected,that Owner will be required to remove the Pet from the Community pursuant to, and in accordance with, any dispute resolution procedures as may be set forth in this Declaration or the Rules and Regulations, Any Pet that makes disturbing noises, including but not limited to continued and repeated howling,barking,whining,or other utterances, or causes injury or property damage, is considered a"nuisance animal", and is prohibited. D) Pets may not be kept for any commercial purposes. E) While on a street,sidewalk,any public way,park or other public space,all pets shall be secured by a leash. F) Feces left by Pets,whether within a Lot or within Common Areas in the Community must be removed promptly by the owner of the Pet or the person responsible for the Pet. Owners in violation will be fined. G) Owners shall hold the Association harmless from any claim resulting from any action of their Pets. H) All dogs and cats over the age of six months must be licensed in the City of Bozeman, and ownership of Pets shall be regulated by the City of Bozeman's Pet Ordinances. • Section 7.14. Garbage/Refuse. There shall be no incineration or burning of garbage,trash g g g � or other waste or debris on, or coming from any lot, at any time. No junk, garbage, trash, equipment, non-working or out-of-use vehicles, parts, metals, lumber, debris or other waste shall be allowed to accumulate on any lot or originate from any lot during construction. All garbage and trash requirements of the City of Bozeman shall be observed. Garbage containers shall be maintained out of sight (in the garage or other enclosures) except on garbage pick-up day. No building materials, trash, gravel, job trailers, dumpsters, or snow and ice plowed from private property are allowed to obstruct the public right-of-way. Written in the event an owner shall not control waste on or coming from their property,the Association, after ten days written notice to an owner to control the same, may cause the waste to be controlled or collected, and may assess the lot owner for the costs thereof. Construction materials must be covered and/or tied down, and debris and trash contained until proper disposal. Violations will be subject to cleanup fees and/or fines as determined by the Association. Section 7.15 Restriction on Further Subdivision of Lots. Lots in the Community may not be further subdivided into smaller or a larger tracts or Lots, without the written approval of the Baxter Meadows Master Community Executive Board. • Page 20 HABaxter Meadows\POA-HOA\South POM FINAL DOCUMENTS\South POA CCRs November 12007_FINAL.wpd Section 7.16 Nuisances. No nuisance shall be permitted within the Community, nor any use, activity or practice which is the source of unreasonable annoyance or embarrassment to, or • which unreasonably offends or disturbs, any Owner or which may unreasonably interfere with the peaceful enjoyment or possession of the proper use of a Lot or Common Elements, or any portion of the Community by Owners. Further,no improper, offensive or unlawful use shall be permitted within the Community or any portion thereof. As used in this Declaration,the term"nuisance"shall not include activities of Declarant or its assignees which are reasonably necessary to the development and construction of Improvements within this Community;provided, however, that such activities shall not reasonably interfere with any Owner's use and enjoyment of their Lot, or any Owner's ingress and egress to or from their Lot or a public way. Section 7.17 Use of Common Elements. There shall be no obstruction of the Common Elements, nor shall anything be kept or stored on any part of the Common Elements without the prior written approval of the Association. Nothing shall be altered on, constructed in, or removed from the Common Elements without the prior written approval of the Association. Section 7.18 Antenna. "Permitted Antennas"are defined as (1) an antenna which is 24" or less in diameter and is used to receive direct broadcast satellite service,including direct-to-home satellite services,or is used to receive or transmit fixed wireless signals via satellite;(2)an antenna which is 24"or less in diameter and is used to receive video programming services via multipoint distribution services,including multichannel multipoint distribution services,instruction television fixed services, and local multipoint distribution services or is used to receive or transmit fixed • wireless signals other than via satellite; (3) an antenna which is designed to receive broadcast television signals; or (4) other antennas which are expressly permitted under applicable federal statutes or regulations. In the event a Permitted Antenna is no longer expressly permitted under applicable federal statutes or regulations, such antenna will no longer be a Permitted Antenna for purposes of this Section. Permitted Antennas shall be installed in the least conspicuous location available on a Lot which permits acceptable signals,without unreasonable delay or increase in the cost of installation, maintenance or use of the Permitted Antenna. The Association may adopt rules regarding location and installation of Permitted Antennas, subject to limitations of applicable federal law. Except as allowed by federal statutes and regulation,no exterior television or any other antennae,microwave dish, satellite dish, satellite antenna, satellite earth station or similar device of any type shall be erected, installed or maintained on a Lot. Section 7.19 No Unsightliness. All unsightly conditions, structures, facilities, equipment, objects and conditions shall be enclosed within an approved structure. Section 7.20 Restriction on Signs and Advertising Devices. Signs shall not be permitted on the private,public,or commonly-owned lands within The Crossing at Baxter Meadows Property Page 21 HABaxter Meadows\POA-HOA\South PONs\FINAL DOCUMENTS\South POA CCRs November 12007_FINAL.wpd • • Owners Association, except as follows: A) One address and family name sign shall be allowed. It shall be no more than two (2) square feet of surface area in size, and must be attached to the front of the principle residence. B) One temporary construction sign shall be allowed on the same lot as the construction activity provided that they are removed upon substantial completion of the home. C) One temporary sign advertising a lot or home for sale or rent shall be allowed providing that it does not exceed six(6) square feet on any one face, and that it is promptly removed when the lot or home is sold. The sign must be placed only upon the lot or home for sale. D) Directional signs may be placed within the common area or open space as the BLRC decides is necessary. Directional signs must be combined with landscaping features,be no more than three (3) square feet in surface area in size, made of wood or other material as approved by the BLRC, and meet the provision of the City of Bozeman sign code and appropriate sign permit fee requirements. E) Nighttime illumination of all signs must comply with the lighting guidelines described herein. F) During the period in which the property is being sold, the Declarant may erect "Subdivision For Sale"type signs in accordance with City of Bozeman sign regulations in • the common areas or other locations as deemed necessary by the Declarant. Section 7.21 Restriction on Sale of a Lot. The right of an Owner to sell, transfer or otherwise convey their Lot may be further restricted or subject to any right of first refusal or similar restriction. Section 7.22 No Restrictions on Mortga ing of a Lot. There are no restrictions on the right of the Owners to mortgage or otherwise encumber their Lot. There is no requirement for the use of a specific lending institution or particular type of lender. Section 7.23 Rules and Regulations. In furtherance of the provisions of this Declaration, and the general plan, Rules and Regulations concerning and governing the Community or any portion thereof may be adopted, amended, or repealed from time to time by either the Baxter Meadows Master Community Association or The Crossing at Baxter Meadows Property Owners Association Executive Boards,or its successors and assigns. The Executive Boards shall establish and enforce penalties for the infraction thereof. Section 7.24. Alleyways. The Association shall maintain the alley right-of-way adjacent to the owner's property. Such maintenance shall include, but not be limited to, mowing and • Page 22 HABaxter Meadows\POA-HOA\South POA's\FINAL DOCUMENTS\South POA CCRs November 12007_FINAL.wpd i 0 trimming of the alley right-of-way. • Section 7.25 Declarant's Use. Notwithstanding anything to the contrary contained in this Declaration,it shall be expressly permissible for Declarant, its assigns, employees and agents, and any others with reserved Development Rights (as and if allowed for under this Declaration) to perform such reasonable activities,and to maintain upon portions of the Community such facilities as deemed reasonably necessary or incidental to the construction and sale of Lots in the development of the Community, specifically including, without limiting the generality of the foregoing, the maintenance of temporary business offices, storage areas, trash bins, construction yards and equipment, signs, models, temporary sales offices, parking areas and lighting facilities. Section 7.26 Use of the Words The Crossing and The Crossing at Baxter Meadows Property Owners Association, Inc., and Baxter Meadows Master Community Association. No resident shall use the words The Crossing or The Crossing at Baxter Meadows Property Owners Association, Inc., Baxter Meadows Master Community Association or the logo(s) of the Community or Associations, if any, or any derivative thereof, in connection with any goods, materials or services, the use of which is likely to cause confusion, mistake or deception as to the source or origin of such goods, materials or services, without the prior written consent of the Association. • Page 23 HABaxter Meadows\POA-HOA\South POA's\FINAL DOCUMENTS\South POA CCRs November 12007_FINAL.wpd • • ARTICLE 8. BUILDING AND LANDSCAPE REVIEW COMMITTEE Section 8.1 Building and Landscape Review Committee. The Baxter Meadows Master Community Association Building and Landscape Review Committee (BLRC) and or its assigns shall review and approve or disapprove all plans and specifications submitted to it for any proposed improvement or landscape development to be performed within the Property. Section 8.2 Membership ofBuilding and Landscape Review Committee. The BLRC shall consist of a minimum of three members. It is suggested that at least one of the members of the Committee have professional qualifications in the area of architecture or landscape architecture. During the Period of Declarant Control,Declarant shall appoint all members of the BLRC and may remove any appointee at any time upon written notice to such appointee. After expiration of Period of Declarant Control, the BLRC may then be comprised completely of Lot Owners without regard to special qualifications and the members shall then be appointed by the Baxter Meadows Master Community Association Executive Board of Directors annually. Until that date, Declarant, in its sole discretion,may at any time grant the power of appointment of the members of the BLRC, and the chairman thereof, to another or to the Association. Notwithstanding the above, appointments shall be for staggered terms of a year different in termination so as to provide reasonable continuity to the architectural review process. • Section 8.3 Required Approval No Improvements,including,but not limited to, primary residences,accessory buildings,sheds,swimming pools,antennas,flagpoles,fences,walls,exterior lighting,landscaping,yard or decorative ornaments or any other Improvement shall be constructed erected or installed on a Lot, nor shall any significant alteration or change to the exterior of the Improvements, the exterior of a residence, to a Lot or to any structure or any attachment to the exterior of a residence(including paint, awnings,patios,decks, or shutters)be commenced within the Community unless complete plans and specifications shall have been first submitted to and approved in writing by the Baxter Meadows Master Community Association Building and Landscape Review Committee(BLRC). Section 8.4 Architectural Criteria. The BLRC shall exercise its reasonable judgment to the end that all attachments, Improvements, construction, landscaping and alterations to Improvements on a Lot or landscaping of a Lot shall comply with the requirements set forth in this Declaration and The Crossing at Baxter Meadows Property Owners Association Building and Landscape Design Regulations and Guidelines. The approval or consent of the BLRC on matters properly coming before it shall not be unreasonably withheld, and actions taken shall not be arbitrary or capricious. Approval shall be based upon,but not limited to,conformity and harmony of exterior appearance of structures with neighboring structures, effective location and use of Improvements on nearby Lots, preservation of aesthetic beauty, and conformity with the • specifications and purposes generally set out in this Declaration. Page 24 HABaxter Meadows\POA-HOA\South POMWINAL DOCUMENTS\South POA CCRs November 1 2007_FINAL.wpd 0 0 Section 8.5 Architectural Guidelines. The Crossing at Baxter Meadows Property Owners Association BLRC may propose changes and additions to The Crossing at Baxter Meadows • Property Owners Association Building and Landscape Design Regulations and Guidelines from time to time,which changes and additions shall be approved by The Crossing at Baxter Meadows Property Owners Association Executive Board, and may be included in or with any Rules and Regulations of the Association. Section 8.6 Reply and Communication. The BLRC shall reply to all submittals of plans made in accordance herewith in writing within 30 days after receipt. In the event the BLRC fails to take any action on submitted plans and specifications within 30 days after the BLRC has received the plans and specifications,approval shall be deemed to be denied;provided,however,even if the requirements of this Section are satisfied,nothing in this Section shall authorize anyone to construct or maintain any structure or Improvement that is otherwise in violation of the Declaration, architectural guidelines or Rules and Regulations then in effect. All communications and submittals shall be addressed to the BLRC such address as the chairman of the BLRC shall hereafter designate in writing addressed and mailed to the Owners. Section 8.7 Variances. The BLRC may grant reasonable variances or adjustments from any conditions and restrictions imposed by this Declaration in order to overcome practical difficulties and unnecessary hardships arising by reason of the application of the conditions and restrictions contained in these covenants or in architectural guidelines. Such variances or adjustments shall be granted only when the granting thereof shall not be materially detrimental or • injurious to the other Lots or Common Elements nor deviate substantially from the general intent and purpose of this Declaration. Section 8.8 Rijzht to Appeal. An Owner may appeal any decision of the BLRC to the Baxter Meadows Master Community Association Executive Board. The Board shall review the decision of the BLRC pursuant to the criteria set forth in this Declaration the architectural guidelines, and the Rules and Regulations. Any decision of the BLRC may be overruled and reversed by a majority of the Directors by a written decision setting forth the reasons for the reversal when the Directors conclude that the BLRC decision was inconsistent with the criteria set forth in this Article and the guidelines. Section 8.9 Waivers. The approval or consent of the BLRC, or appointed representative thereof, to any application for architectural approval shall not be deemed to constitute a waiver of any right to hold or deny approval or consent by the BLRC as to any application or other matters subsequently or additionally submitted for approval or consent. Page 25 HABaxter MeadowsTOA-HOA\South POKAFINAL DOCUMENTS\South POA CCRs November 12007_FINAL.wpd • • Section 8.10 Liability. The BLRC and the members thereof,as well as any representative of the Executive Board designated to act on its behalf, shall not be liable in damages to any person submitting requests for approval or to any approval, or failure to approve or disapprove in regard to any matter within its jurisdiction under these covenants. Section 8.11 ' Records. The BLRC shall maintain written records of all applications submitted to it and of all actions taken by it with respect thereto. Such records shall be open and available for inspection by any interested party during reasonable hours of the business day. Section 8.12 Enforcement. Enforcement ofthese covenants,restrictions, charges and other provisions,as amended,may be by any proceeding at law or in equity against any person or persons violating or attempting to violate any such provision. The Association shall have the right but not the obligation to institute, maintain and prosecute any such proceedings. In any action instituted or maintained under this Section, the Association shall be entitled to recover its costs and reasonable attorney fees incurred pursuant thereto,as well as any and all other sums awarded by the court. Failure of the Association to enforce any covenant or restriction contained in this Section shall in no event be deemed a waiver of the right to do so thereafter: ARTICLE 9. • DEVELOPMENT RIGHTS AND SPECIAL DECLARANT RIGHTS Section 9.1 Development Rights and Special Declarant Ri ts. The Declarant reserves, through seven years after the recording of this Declaration,the following Development Rights and Special Declarant Rights: A) the right to relocate boundaries between adjoining Lots owned by the Declarant, subdivide Lots owned by Declarant or complete or make improvements, as the same may be indicated on Maps or Plats filed of record; B) the right to add Lots and to subject all or any part of the property described in Exhibit B attached hereto and hereby incorporated by reference and additional unspecified real estate to the provisions of this Declaration subject to the limitations set forth in this Declaration; C) the right to exercise any additional reserve right created by any other provision of this Declaration; D) the right to withdraw Lots owned by Declarant from the Community and the terms of this Declaration, except for lots with dwellings once a dwelling on that Lot has been conveyed, and with the withdrawal rights of the Declarant. Such withdrawal may be accomplished by the execution,acknowledgment and recordation of a notice of withdrawal. The notice of withdrawal(1)shall be executed and acknowledged by the Owner or Owners of the property to be withdrawn; (2) shall, if not then owned by Declarant, contain the • executed and acknowledged written consent of Declarant for so long as Declarant owns any Page 26 HABaxter Meadows\POA-HOA\South POM FINAL DOCUMENTS\South POA CCRs November 1 2007_FINAL.wpd • 0 property in the Community and has the power to annex additional property to the Community;(3)shall contain an adequate legal description of the property to be withdrawn; • (4) shall contain a reference to the Supplemental Declaration for the portion of the Real Property to be withdrawn, which reference shall state the date thereof and the date of recordation thereof; and (5) shall contain a statement and declaration that the property sought to be withdrawn is withdrawn from the Community and from the effect of this Declaration; E) the right to amend the use restrictions included in this Declaration,together with the right to add new use restrictions; F) the right to amend the Declaration in connection with the exercise of any development right; G) the right to amend the Maps or Plats in connection with the exercise of any development right; H) the right to make amendments to the Declaration, Bylaws or Articles of Incorporation to meet or comply with any requirement of FHA or VA; and I) the rights reserved to Declarant, for itself, its successors and assigns, shall expire as set forth above,unless(1)reinstated or extended by the Association,subject to whatever terms, conditions, and limitations the Board may impose on the subsequent exercise of the expansion rights by Declarant,(2)extended as allowed by law,or(3)terminated by written instrument executed by the Declarant,recorded in the real property records of the Gallatin County. • Section 9.2 Additional Reserved Rights. In addition to the rights set forth above, Declarant also reserves the following additional rights: A) Sales. The right to maintain mobile and other sales offices, parking lots, management offices and models on Lots of the Declarant. B) Construction Easement. Declarant and its assignees expressly reserve to itself the right to perform warranty work, and repairs and construction work, and to store materials in secure areas,in Lots and in Common Elements,and the future right to control such work and repairs and the right of access thereto, until completion. All work may be performed without the consent or approval of any Owner or holder of a security interest. Declarant and its assignees have such an easement through the Common Elements as may be reasonably necessary for exercising reserved rights in this Declaration. Such easement includes the right to construct underground utility lines,pipes,wires,ducts,conduits,and other facilities across the Property. Page 27 HABaxter Meadows\POA-HOA\South POA's\FINAL DOCUMENTS\South POA CCRs November 12007_FINAL.wpd • • Section 9.3 Rights Transferrable/Rights Transferred. Any rights created or reserved under this Article for the benefit of Declarant may be transferred to any person by an instrument describing the rights transferred recorded in the real property records of the Gallatin.County. Such instrument shall be executed by the transferor Declarant and the transferee. Any rights created or reserved under this Article for the benefit of Declarant may also be transferred to the Association by an instrument describing the rights transferred recorded in the real property records of the Gallatin County. Such instrument shall be executed by the transferor Declarant and f1e Association as transferee. Section 9.4 No Further Authorizations Needed. Except as set forth in this Declaration, the consent of Owners or holders of security interests shall not be required for exercise of any reserved rights, and Declarant or its assignees may proceed without limitation at its sole option. Declarant or its assignees may exercise any reserved rights on all or any portion of he property in whatever order determined. Declarant or its assignees shall not be obligated to exercise any reserved rights or to expand the Community beyond the number of Lots initially submitted. Section 9.5 Interpretation. Recording of amendments to the Declaration and the plat or plats pursuant to reserved rights in this Declaration shall automatically effectuate the terms and provisions of that amendment. Further, such amendment shall automatically (a) vest in each existing Owner the reallocated Allocated Interests appurtenant to their Lot, and (b) vest in each • existing security interest a perfected security interest in the reallocated Allocated Interests appurtenant to the encumbered Lot. Further, upon the recording of an amendment to the Declaration,the definitions used in this Declaration shall automatically be extended to encompass and to refer to the Community as expanded and to any Additional Improvements,and the same shall be added to and become a part of the Community for all purposes. All conveyances of Lots after such amendment is recorded shall be effective to transfer rights in all Common Elements,whether or not reference is made to any Amendment of the Declaration or Plat. Reference to the Declaration and Plat in any instrument shall be deemed to include all Amendments to the Declaration, and the Plat without specific reference thereto. I Section 9.6 Construction. Subsequent to the initial Property and improvements made subject to this Declaration, any additional buildings, structures and types of improvements to be placed on the Property or any part thereof may be of such quality and type as the persons developing the same may determine, and those improvements need not be of the same quality or type as the Improvements previously constructed on the Property,nor of the same size, style or configuration. The improvements may be located anywhere in the Common Elements of the Community, the same being reserved for future development, or on the additional Property as may be added or as shown on the Plat. • Page 28 HABaxter Meadows\POA-HOA\South POKAFINAL DOCUMENTS\South POA CCRs November 12007 FINAL.w d 0 • Section 9.7 Termination of Reserved Rights. The rights reserved to Declarant, for itself, its successors and assigns, shall expire as set forth above,unless (1) reinstated or extended by the • Association,subject to whatever terms,conditions,and limitations the Executive Board may impose on the subsequent exercise of the expansion rights by Declarant,(2)extended as allowed by law or, (3)terminated by written instrument executed by the Declarant,recorded in the records of the Clerk and Recorder of the Gallatin County, State of Montana. ARTICLE 10. INSURANCE/CONDEMNATION Section 10.1 Insurance to be Carried by the Association. The Association shall obtain and maintain in full force and effect to the extent reasonably available, and at all times, the insurance coverage set forth in this Declaration, which insurance coverage shall be provided by financially responsible and able companies duly authorized to do business in the State of Montana. All insurance purchased by the Association shall be purchased from companies with ratings of"A"or better, to the extent that insurance is available at reasonable cost to the Association through such companies. Section 10.2 Real Property Insurance of Owners on their Homes. Each Owner is advised to obtain insurance providing all risk coverage or the nearest equivalent available for the full replacement cost, without deduction for depreciation, for all insurable improvements located on • their Lot. Such insurance should include furnishings and personal or other property in the home and liability insurance for injury, death or damage in the home or upon the Lot. Section 10.3 Liability Insurance of the Association. The Association shall obtain a comprehensive policy of public liability and property damage liability insurance covering all of the Common Elements, in such limits. as the Board may from time to time determine, but not in any amount less than$1,000,000.00 per injury,per person,and per occurrence,and in all cases covering all claims for bodily injury or property damage. Coverage shall include,without limitation,liability for personal injuries, operation of automobiles on behalf of the Association, and activities in connection with the ownership,operation,maintenance and other uses of the Lots and the Common Elements. The foregoing liability insurance shall name the Association as the insured. Section 10.4 Fidelity Insurance of the Association. The Association shall obtain fidelity coverage or fidelity bonds to protect against dishonest acts on the parts of its officers, directors, trustees, volunteers and employees and on the part of all others who handle or are responsible for handling the funds of the Association,including persons who serve the Association with or without compensation. The clause"officers,directors,trustees and employees"shall not include any officer, director,agent or employee of any independent,professional manager or managing agent heretofore or hereafter employed by the Association. The fidelity coverage or bonds should be in an amount Page 29 H:\Baxter Meadows\POA-HOA\South POA's\FINAL DOCUMENTS\South POA CCRs November 12007_FINAL.wpd 0 • sufficient to cover the maximum funds that will be in the control of the Association, its officers, directors, trustees and employees. If the Association retains a Managing Agent, the Managing Agent shall be required to provide such fidelity insurance covering itself and its employees and naming the Association as the loss payee. Section 10.5 Workers Compensation of the Association. The Association shall obtain and maintain workers' compensation and employer's liability insurance and all other similar insurance with respect to employees of the Association in the amounts and in forms now or hereafter required by law. Section 10.6 Director and Officer Liability Insurance of the Association. The Association may purchase directors' and officers' insurance in an amount reasonably necessary to protect the directors and officers. Section 10.7 Other Insurance of the Association. The Association may obtain insurance against such other risks, of similar or dissimilar nature as it shall deem appropriate with respect to the Association's responsibilities and duties. Section 10.8 Miscellaneous Terms Governing Insurance Carried by the Association. The Association shall maintain, to the extent reasonably available and necessary, policies with the following terms or provisions: A) All policies of insurance shall contain waivers of subrogation and waivers of any defense based on invalidity arising from any acts of an Owner and shall provide that such policies may not be canceled or modified without at least 45 days prior written notice to all of the Owners, holders of First Mortgages and the Association. B) If requested, certificates of insurance and renewals thereof, together with proof of payments of premiums, shall be delivered to all First Mortgagees at least 10 days prior to expiration of the then current policies. C) All liability insurance shall be carried in blanket form naming the Association, the Board, the manager or managing agent, if any, and the officers of the Association, as insureds. D) Prior to renewing casualty insurance and not less than every three years, pursuant to the provisions hereof,the Board may obtain an appraisal from a duly qualified real estate or insurance appraiser, which appraiser shall reasonably estimate the full replacement cost of the Townhouses and the Common Elements,without deduction for depreciation,review any increases in the cost of living, and/or consider other factors, for the purpose of determining the amount of the insurance to be effected pursuant to the provisions hereof. In no event shall any casualty insurance policy contain a co-insurance clause. • Page 30 HABaxter Meadows\POA-HOA\South POA's\FINAL DOCUMENTS\South POA CCRs November 1 2007 FINAL.wpd E) All policies of insurance shall provide that the insurance thereunder shall be invalidated or suspended only in respect to the interest of any particular Owner guilty of a • breach of warranty, act, omission, negligence or non-compliance of any provision of such policy, including payment of the insurance premium applicable to the Owner's interest, or who permits or fails to prevent the happening of any event, whether occurring before or after a loss, which under the provisions of such policy would otherwise invalidate or suspend the entire policy,but the insurance under any such policy, as to the interests of all other insured Owners not guilty of any such act or omission, shall not be invalidated or suspended and shall remain in full force and.effect. Section 10.9 Insurance Premium. Except as assessed in proportion to risk, insurance premiums for the above provided insurance shall be a Common Expense to be included as a part of the annual Assessments levied by the Association. Section 10.10 Managing Agent Insurance. The manager or managing agent, if any, shall be insured for the benefit of the Association, and shall maintain and submit evidence of such coverage to the Association, including workers' compensation, unemployment and fidelity coverage. Section 10.11 Waiver of Claims Against Association. As to all policies of insurance maintained by or for the benefit of the Association and Owners, the Association and the Owners hereby waive and release all claims against one another and the Board,to the extent of the insurance proceeds available, whether or not the insurance damage or injury is caused by the negligence of or breach of any agreement by these persons. Section 10.12 Adjustments by the Association. Any loss covered by an insurance policy described above shall be adjusted by the Association,and the insurance proceeds for that loss shall be payable to the Association, and not to any first mortgagee. The Association shall hold any insurance proceeds in trust for the Association, Owners and first mortgagees as their interests may appear. The proceeds must be distributed first for the repair or restoration of the damaged property, and the Association,Owners and first mortgagees are not entitled to receive payment of any portion of the proceeds unless there is a surplus of proceeds after the damaged property has been completely repaired or restored. If the insurance proceeds are insufficient to cover the cost of repair or reconstruction,the Association may levy a Special Assessment to cover the short fall(or deductible) pursuant to this Declaration. Section 10.13 Claims. The Board may, in its discretion, choose to submit a claim under the Association's insurance policy. If a claim is submitted, the payment of the deductible amount for claims which the Association is responsible for insuring shall be as follows: Page 31 HABaxter Meadows\POA-HOA\South POA's\FINAL DOCUMENTS\South POA CCRs November 12007_FINAL.wpd • • A) The Association shall pay or absorb said deductible for any work, repairs or reconstruction for damage incurred to Common Elements or an area for which the Association has a maintenance responsibility, or for damage to Common Elements or any area which the Association maintains that originates in the Common Elements or an area that the Association maintains, or for damages to the Common Elements or an area which the Association maintains which originates from natural causes, unless said damage is caused by the negligent or willful act or omission of an Owner, his family, guests, or invitees; provided, however, the Association may levy a Special Assessment against all Owners to cover the deductible as provided in this Declaration. B) The Owner shall pay or absorb said deductible for any work,repairs,reconstruction or replacement for damage incurred to his or her Lot, to the Common Elements, or to any area that the Association maintains,as the Association shall,in its sole discretion,determine to be the responsibility of the Owner. C) If a Lot or Party Wall is damaged,then the Owner of that Lot or the Owners sharing the Party Wall shall have primary responsibility, either directly or through his insurance company, for handling and paying for, any work, repairs, reconstruction or replacement. Section 10.14 Insurance Assessments. If the proceeds of insurance are not sufficient to defray the costs of reconstruction and repair due to deductibles allocated to the Association or failure of the Association to maintain coverage to defray costs of repair and reconstruction which • in the absence of insurance would be the maintenance responsibility of the Association, the deductible or additional cost shall be a Common Expense. This Assessment shall not be considered an Assessment as discussed in this Declaration and shall not require any vote or ratification of the Owners. Notwithstanding the Special Assessment procedure set forth this Declaration, the insurance Assessment shall be ratified unless vetoed by 90%of the Members and as set forth in the Bylaws, as the Bylaws may be amended from time to time. Section 10.15 Association as Attorney-in-Fact. Each Owner hereby irrevocably appoints the Association as the Owner's true and lawful attorney-in-fact for the purposes of dealing with any improvements covered by insurance written in the name of the Association pursuant to this Article upon their damage or destruction as provided in this Declaration,or a complete or partial taking or condemnation as provided in this Declaration. Acceptance by a grantee of a deed or other instrument of conveyance conveying any portion of the Property shall constitute appointment of the Association as the grantee's attorney-in-fact,and the Association shall have full authorization,right, and power to make,execute,and deliver any contract,assignment,deed,waiver,or other instrument with respect to the interest of any Owner which may be necessary to exercise the powers granted to the Association as attorney-in-fact. Furthermore, if so requested, an Owner shall execute a separate instrument specifically setting forth this appointment. • Page 32 HABaxter Meadows\POA-HOA\South PONAFINAL DOCUMENTS\South POA CCRs November 1 2007_FINAL.wpd ARTICLE 11. • GENERAL PROVISIONS Section l 1.1 Compliance and Enforcement. A) Every Owner and occupant of a Lot shall comply with the Governing Documents, and each Owner shall have the right to enforce the covenants and restrictions, as set forth in this Declaration. B) The Association, acting through the Board, may enforce all applicable provisions of this Declaration, and may impose sanctions for violation of the Governing Documents. Such sanctions may include, without limitation: 1. imposing reasonable monetary fines, after notice and opportunity for a hearing,which fine shall constitute a lien upon the violator's Lot. (In the event that any occupant,guest,or invitee of a Lot violates the Governing Documents and a fine is imposed, at the Board's discretion, the fine may first be assessed against the violator; provided, however, if the fine is assessed against the violator and is not paid by the violator within the time period set by the Board,the Owner shall pay the fine upon notice from the Board and the opportunity for a hearing have been provided); 2. suspending the right to vote; 3. exercising self-help (including, but not limited to, performing such • maintenance responsibilities which are the Owner's responsibility under this Declaration and assessing all costs incurred by the Association against the Lot and the Owner as an Assessment) or taking action to abate any violation of the Governing Documents; 4. requiring an Owner, at the Owner's expense, to'remove any structure or Improvement on such Owner's Lot in violation of the Governing Documents and to restore the Lot to its previous condition and,upon failure of the Owner to do so,the Board or its designee shall have the right to enter the property,remove the violation and restore the property to substantially the same condition as previously existed, at the Owner's expense, and any such action shall not be deemed a trespass; 5. without liability to any person, the Association precluding any contractor, subcontractor, agent, employee, or other invitee of an Owner who fails to comply with the terms and provisions of this Declaration from continuing or performing any further activities in the Community; 6. levying specific Assessments to cover costs incurred by the Association to bring a Lot into compliance with the Governing Documents; and 7. bringing suit at law or in equity to enjoin any violation or to recover monetary damages or both. Page 33 HABaxter Meadows\POA-HOA\South POM FINAL DOCUMENTS\South POA CCRs November 12007_FINAL.wpd Is I • C) In addition to any other enforcement rights, if an Owner fails to properly perform his or her maintenance responsibility, or otherwise fails to comply with the Governing Documents,the Association may record a notice of violation against the Owner and the Lot. D) All remedies set forth in the Governing Documents shall be cumulative of any remedies available at law or in equity. In any action to enforce the Governing Documents, the prevailing party shall be entitled to recover all costs, including, without limitation, attorney fees and court costs, reasonably incurred in such action. E) The decision of the Association to pursue enforcement action in any particular case shall be left to the Board's discretion, subject to the duty to exercise judgment and be reasonable, as provided for in this Declaration,and further restricted in that the Board shall not be arbitrary or capricious in taking enforcement action. A decision of the Association to pursue enforcement action shall not be construed as a waiver of the Association's right to enforce such provisions at a later time under other circumstances or preclude the Association from enforcing any other covenant, restriction or rule. Without limiting the generality of the foregoing, the Board may determine that, under the circumstances of a particular case: 1. the Association's legal position is not strong enough to justify taking any or further action; 2. the covenant,restriction or rule being enforced is,or is likely to be construed • as, inconsistent with applicable law; or 3. that it is not in the Association's best interests,based upon hardship, expense or other reasonable criteria, to pursue enforcement action. F) Should the Association for any reason not take responsibility for compliance and enforcement of this Declaration and all other Governing Documents, the City of Bozeman may take responsibility to enforce all of the aforementioned. Section 11.2 Dispute Resolution/Arbitration. Any controversy or claim arising out of or relating to this Declaration of Covenants and Restrictions or any rules, regulations, or governing documents of the Association shall be resolved by arbitration administered by an arbitration service selected by the party that commences such arbitration from a list of arbitration services adopted by the Executive Board of the Association. The arbitration will be administered in accordance with the rules of the selected arbitration service and MCA 27-5-111 of Montana State law. Commencement of the arbitration shall be by service of a Notice of Intention to Arbitrate in accordance with MCA 27-5-211. The arbitration award shall be final and binding, and judgment may be entered upon the arbitration award in any court having jurisdiction. Notwithstanding the above, a party may seek injunctive relief through arbitration or from any court of competent jurisdiction to prevent irreparable harm. The prevailing party in any arbitration or other legal proceeding shall be awarded its costs and actual attorneys fees. Failure by the Association or any Owner to enforce any covenant or restriction herein contained shall in no event be deemed a waiver • of the right to do so thereafter. Page 34 HABaxter Meadows\POA-HOA\South PDXAFINAL DOCUMENTS\South POA CCRs November 12007_FINAL.wpd • • Section 11.3 Severability. Each of the provisions of this Declaration shall be deemed independent and severable. If any provision of this Declaration or the application thereof to any • person or circumstances is held invalid, the invalidity shall not affect other provisions or applications of this Declaration which can be given effect without the invalid provisions or applications. Section 1 l.4 Term of Declaration. The covenants and restrictions of this Declaration shall run with and bind the land in perpetuity. Section 11.5 Amendment of Declaration, Map or Plat by Declarant. If Declarant shall determine that any amendments to this Declaration or the Plat shall be necessary in order to make non-material changes, such as for the correction of a technical, clerical or typographical error or clarification of a statement or for any changes to property not yet part of the Community, then, subject to the following sentence of this Section,Declarant shall have the right and power to make and execute any such amendments without obtaining the approval of any Owners. Each such amendment of this Declaration shall be made,if at all,by Declarant prior to the expiration of seven years from the date this Declaration is recorded. In furtherance of the foregoing, a power coupled with an interest is hereby reserved and granted to Declarant to make or consent to an amendment under this section on behalf of each Owner and holder of a security interest. Each deed, security interest,other evidence of obligation or other instrument affecting a Lot and the acceptance thereof shall be deemed to be a grant and acknowledgment of,and a consent to the reservation of,the power of Declarant to make, execute and record an amendment under this Section. • I Section 11.6 Amendment of Declaration by Owners. Except as otherwise provided in this Declaration,and subject to provisions elsewhere contained in this Declaration requiring the consent of Declarant or others, any provision, covenant, condition, restriction or equitable servitude contained in this Declaration may be amended,revised, removed or repealed, and new provisions, covenants,conditions,restrictions or equitable servitudes maybe added,at any time and from time to time upon approval of Owners holding at least 67%of the votes in the Association and with the written consent of the Association. Notice of any meeting at which a proposed amendment will be considered shall state the fact of consideration and the subject matter of the proposed amendment. j The amendment or repeal shall be effective upon the recordation in the office of the Clerk and Recorder of the Gallatin County, State of Montana of a certificate setting forth the amendment in full and certifying that the amendment has been approved as set forth above, and containing the written consent and approval of the Association. Section 11.7 Amendment Required by Mortgage Agencies. Prior to seven years after recording of this Declaration,any provision,covenant,condition,restriction or equitable servitude contained in this Declaration which a holder of a first lien security interest,or FHA,VA,FHLMC, GNMA, FNMA or any similar entity authorized to insure, guarantee, make or purchase mortgage • Page 35 HABaxter Meadows\POA-HOA\South POA's\FINAL DOCUMENTS\South POA CCRs November 12007_FINAL.wpd • loans requires to be amended or repealed may be amended or repealed by Declarant or the Association. Any such amendment or repeal shall be effective upon the recordation in the office of the Clerk and Recorder of the Gallatin County, State of Montana of a certificate setting forth the amendment or repeal in full. Section 11.8 FHANA Approval. As long as the Declarant has the right to appoint and remove officers and directors of the Association, the following actions shall require the prior approval of the VA(so long as the VA is guaranteeing any Mortgage in the Community),and FHA (so long as FHA is insuring any Mortgage in the Community): annexation of additional property to the Community; mergers and consolidations; dedication of Common Property to any public entity; dissolution;mortgaging of Common Property, and material amendment of the Declaration, Bylaws or Articles of Incorporation. Section 11.9 Captions. All captions and titles used in this Declaration are intended solely for convenience of reference and shall not enlarge, limit or otherwise affect that which is set forth in any paragraph, section or article hereof. Section 11.10 Interpretation. The provisions of this Declaration shall be construed to effectuate their purposes of creating a uniform plan for promoting and effectuating the fundamental concepts as set forth in this Declaration. The Executive Board shall have the authority to interpret • the meaning of any provision contained in this Declaration. Section 11.11 Singular Includes the Plural. Unless the context otherwise requires, the singular shall include the plural, and the plural shall include the singular, and each gender referral shall be deemed to include the masculine, feminine and neuter. ARTICLE 12. BOZEMAN CITY COMMISSION AND U.D.O. REQUIRED COVENANTS A) The control of noxious weeds by the Association on those areas for which the Association is responsible and the control of noxious weeds by individual owners on their respective lots shall be as set forth and specified under the Montana Noxious Weed Control Act (MCA 7-22-2101 through 7-22-2153) and the rules and regulations of the Gallatin County Weed Control District. The landowner shall be responsible for the control of the state and county declared noxious weeds on his or her own lot. Both unimproved and improved lots shall be managed for noxious weeds. In the event a landowner does not control the noxious weeds, after 10 days notice from the Property Owners Association,the Association may cause the noxious weeds to be controlled. The cost and expense associated with such weed management shall be assessed to the lot and such assessment may become a lien if not paid within thirty(30) days of the mailing of such assessment. • Page 36 HABaxter Meadows\POA-HOA\South POA's\FINAL DOCUMENTS\South POA CCRs November 12007_FINAL.wpd B) Lot owners and residents of the subdivision are informed that adjacent uses maybe agricultural. Lot owners accept and are aware that standard agricultural and farming • practices can result in dust, animal odors and noise, flies, smoke and machinery noise. Standard agricultural practices feature the use of heavy equipment,chemical sprays and the use of machinery early in the morning and sometimes late into the evening. C) All fences bordering agricultural lands shall be maintained by the Homeowners in accordance with State Law. D) As described above, the Homeowners Association shall be responsible for the maintenance of subdivision streets,common open space,centers,pathways,landscaping in street boulevards along public frontage, open space and parks. E) All covenants required as a condition of preliminary plat approval and required by the City Commission may not be amended or revoked without the mutual consent of the owners in accordance with the amendment procedures set forth in this instrument, and the City Commission. • • Page 37 H:\Baxter Meadows\POA-HOA\South POA's\FINAL DOCUMENTS\South POA CCRs November 12007_FINAL.wpd • • IN WITNESS WHEREOF, the Declarant has caused this Declaration to be executed by its • authorized agent this day of , 2007. BAXTER MEADOWS WEST LLC, a Montana limited liability company, By: Thomas L. Clinton STATE OF MONTANA ) ss. COUNTY OF ) The foregoing Declaration was acknowledged before me by THOMAS L. CLINTON, as Authorized Agent, of Baxter Meadows West LLC, this day of 52007. • Witness my hand and official seal. Notary Public for the State of Residing at My Commission expires: • EXHIBIT A DESCRIPTION OF PROPERTY • A parcel of land being Lot 3 of Minor Subdivision 400 located in the northeast 1/4 of Section 3, Township 2 South, Range 5 East P.M.M. City of Bozeman, Gallatin County, Montana. Property may be added by exercise of reserved development rights, as set forth in this Declaration. Property added to the Community may be subject to the following easements and interests of record: 1. The Declaration for the Baxter Meadows Master Community Association. 2. Other instruments of record. • • Page 39 HABaxter Meadows\POA-HOA\South POA's\FINAL DOCUMENTS\South POA CCRs November l 2007_FINAL.wpd • EXHIBIT B PROPERTIES OWNED BY DECLARANT WHICH MAY BE ADDED TO THE DECLARATION All or part of any real estate located adjacent to the Community, or across a public street,ditch or easement from the Community,provided the owner of that real estate consents,and provided all other consents or votes required by this Declaration are first obtained. • • Page 40 HABaxter Meadows\POA-HOA\South POA's\FINAL DOCUMENTS\South POA CCRs November 12007_FINAL.wpd i EXHIBIT C • OTHER PROPERTIES WHICH MAY BE ADDED TO THE DECLARATION All or part of any real estate located adjacent to the Community, or across a public street or alley from the Community,provided the owner of that real estate consents. I • • Page 41 H:\Baxter Meadows\POA-HOA\South POA's\FINAL DOCUMENTS\South POA CCRs November 1 2007_FINAL.wpd • EXHIBIT D INITIAL COMMON ELEMENTS WITHIN THE CROSSING AT BAXTER MEADOWS, MAINTAINED BY THE CROSSING AT BAXTER MEADOWS PROPERTY OWNERS ASSOCIATION d Q V II II Ui f I� ALLEY ALLEY z<z p ALLEY A • O 9 9� OWNERS CENTS LOT vAPUrROnAR�Ar NORTH 'nI NOTTOSCALE FIPrivate Open Space-Owned and maintained by The Crossing at Baxter Meadows Property Owners Association.(9.48 ac) Boulevards on Davis Lane,Baxter Lane,and where fronting open space and the Owners Center Lot,Owned by the City of Bozeman,maintained by The Crossing at Baxter Meadows Property Owners Association.(1.61 ac) • Page 42 HABaxter Meadows\POA-HOA\South POA's\FINAL DOCUMENTS\South POA CCRs November 12007_FINAL.wpd -- - i II ,���� ii �� � �w `� �� 1 � i, �� i -- THE CROSSING AT BAXTER MEADOWS PROPERTY OWNERS ASSOCIATION BUILDING AND LANDSCAPE DESIGN REGULATIONS AND GUIDELINES • (aka Baxter Meadows Subdivision P.U.D. Phase 4) • 1 ARTICLE 1 • INTRODUCTION, PURPOSES AND DEFINITIONS Section 1.1 Introduction. These are the Building and Landscape Design Regulations and Guidelines of The Crossing at Baxter Meadows Property Owners Association, Inc. (the "Association"), which are implemented by the Baxter Meadows Master Community Association's Building and Landscape Review Committee ("BLRC") on behalf of the Association. Section 1.2 Purposes. The purposes of The Crossing at Baxter Meadows Property Owners Association Building and Landscape Design Regulations and Guidelines is to describe the general nature and appearance of improvements made to Lots within the community, in order that the BLRC may review and approve or disapprove plans, specifications, designs, landscaping, sites and locations of improvements to be constructed or erected on any Lot within the property. The community is a planned community, and the Decelarant has developed four architectural floor plans, and has selected specific sites for each one of these units to be constructed upon. The Declarant will work cooperatively with one or more residential contractors of their choosing, to construct the residences within The Crossing. It is also intended that the landscaping and site improvements will be installed by the Declarant or his registered agent or contractor. The BLRC may consider some minor modifications to the architectural plans, or construction of an altogether different plan, so long as it is in accordance with the strict architectural theme of The Crossing residences and the Building and Landscape Design Regulations and Guidelines contained herein. • Section 1.3 Defmitions. Terms used herein shall have the meanings set forth in the Declaration,unless expressly defined herein. ARTICLE II ARCHITECTURAL CONTROL PROCESS Section 2.1. Intent. The building and landscape design regulations and guidelines which follow are intended to compliment the City of Bozeman Uniform Development Ordinance (UDO) which govern this community, and to clarify the intention for the design of buildings and landscaping for this project. Specifically, these guidelines set forth design criteria which address the building design and location, landscaping, lot density, and other improvements. The intent of these guidelines is to provide parameters for modification of existing plans, or creation of new plans while at the same time define a minimum level of quality and consistency of building design which will be consistent with and maximize the quality of the overall project. . On behalf of The Crossing at Baxter Meadows Property Owners Association, the Baxter Meadows Master Community Association Building and Landscape Review Committee (BLRC), and or its assigns, shall review and approve or disapprove all plans and specifications submitted to it for any proposed improvement or landscape development. No construction or alteration of any improvement or any work affecting the external appearance of any improvement shall be made, erected, altered, placed or permitted to remain Page I • • upon the Lot until a site plan, floor plans, elevations, exterior details, and general specifications p P P g p showing the design, location, material (s), and color(s) and with the name of the contractor have been submitted to and such site plan specifications are approved in writing by the BLRC and or its assigns. Section 2.2. Standards for Review. It shall be the applicant's responsibility to ensure that all proposed construction shall comply with the International Residential Code,National Plumbing Code and the National Electrical Code, and the Design Guidelines. All plans must be harmonious with the overall plan for the development. All plans, materials and specifications must be suitable to the site, adjacent properties and the neighborhood. All improvements must be compatible with the surrounding properties so as to not impair or degrade property or aesthetic values. Section 2.3. Approval or Disapproval by Building and Landscape Review Committee. The BLRC shall have fifteen(15) business days to approve or disapprove the location, construction design, landscaping, and materials used for the home. This fifteen(15) day approval time period shall commence once all documents necessary for review have been submitted, including but not limited to a detailed site plan, floor plans, roof plans, exterior details,project specifications, color samples, sample materials and landscaping plans. The BLRC may request additional plans,project specifications,color samples, or sample materials. The time for plan review shall be adjusted accordingly if plans are submitted during any • holidays. Approval of plan submittal shall require a majority by the BLRC. Upon approval, the Owner is also required to secure a building permit from the City of Bozeman with the BLRC approval letter as a prerequisite for City review. Upon securing both the BLRC approval letter and building permit from the City of Bozeman, the Owner may commence construction in accordance with said plan. Any deviation from said plan which, in the judgement of the Committee, is a deviation of substance from the requirements of this Declaration, or is a detriment to the appearance of the structure or to the surrounding area, shall be promptly corrected to conform with the submitted plan by the Owner or corrected by the Master Community Association at the Owner's expense as provided in these Regulations and Guidelines. Section 2.4. Inspection of Work. Upon the completion of any Improvement, if the BLRC finds that such work was not done in strict compliance with all approved plans and specifications submitted or required to be submitted for its prior approval, it shall notify the Owner and the Directors of such noncompliance, and shall require the Owner to remedy the same. If, upon the expiration of seven(7) days from the date of such notification, the Owner has failed to commence to remedy such noncompliance, the Directors shall determine the nature and extent of noncompliance thereof and the estimated cost of correction. The directors shall notify the Owner in writing of the Director's estimated cost of correction or removal. The Owner shall then have five (5) days to commence such remedy and thirty(30) days to complete such remedy. If the Owner still does not comply with the Director's ruling within such five(5) day period, the Directors, at their option, may remove the noncomplying Improvement or remedy the noncompliance, and the Owner shall reimburse the Association upon demand for all expenses • Page 2 incurred in connection therewith. If such expenses are not promptly repaid by the Owner to the • Association, the Directors shall levy an assessment and file a lien against such Owner and the Improvement in question and the land on which the same is situated for reimbursement and the same shall be enforced and/or foreclosed upon in the manner provided for by law for mortgages. Section 2.5. Design Submittal Inclusions. A site plan, depicting all improvements, including but not limited to setback lines, structure(s), driveways, walks and decks. Scale shall be 1/8" = F-0" or similar engineering scale. Complete construction drawings -Two (2) sets shall be submitted to the BLRC for approval. Each set shall include floor plans, exterior elevations of all sides, roof design, specifications and any construction details. Scale shall be 1/4" = 1'-011 . Samples of all exterior materials with their respective color proposals in an adequate size to evaluate properly. e required at the time of submission of all the design submittal documents and materials. The purpose of the design review fee shall be to defray the BLRC's cost of review of all proposed site plans and specifications submitted to them. The fee,which shall be set by the Directors from time-to-time shall initially be$1,000.00. • Section 2.6. Start of Construction. There shall be no construction work initiated ed by the City of Bozeman and without written approval of the plans by the BLRC. The City of Bozeman is to be provided a copy of the BLRC approval letter as a prerequisite for the City review. All building construction and landscaping must conform to both the final approved plans by the City of Bozeman and the BLRC. Section 2.7. Completion. Once started, all work on any improvement upon any Lot must be maintained on a continuous and diligent basis until completion, which shall not exceed 18 months, unless otherwise approved in writing from the BLRC. ARTICLE III BUILDING AND SITE DEVELOPMENT Section 3.1. Intent of Design Criteria. The primary goal is to ensure that the proposed Project design, including landscaping, maintains or exceeds the general level of quality, size, appearance, and marketability as is commensurate to the higher quality residential lots and homes adjacent to it and higher quality homes in general. All initial or subsequent improvements to the privately owned Lots shall be subject to the following architectural and landscaping requirements and guidelines. Approval by the BLRC shall be obtained prior to application to the City of Bozeman for a building permit. The submittal requirements for review Page 3 • I • by the BLRC are specified herein. The BLRC shall have no power to approve any structure . failing to meet, at minimum, the conditions set forth in this declaration. Section 3.2. General Regulations. All Lots within The Crossing at Baxter Meadows Property Owners Association are subject to the zoning regulations of the City of Bozeman except for any variances thereto granted by the City of Bozeman as shown on the Final Plat of Baxter Meadows Subdivision P.U.D. Phases 4A, 4B, 4C, and 4D, as filed in the Gallatin County Courthouse. All such variances to the zoning requirements of the City of Bozeman shall be specified on the final plat noted above or within the body of this Declaration. In addition to these Regulations, building design may be regulated by City, County, State and Federal regulatory agencies having jurisdiction. The Owner or his or her agent shall be responsible to ensure conformance with any applicable regulations, and should check with the City of Bozeman, Gallatin County, and State of Montana Building Codes Division to verify that the most recently adopted edition of any applicable regulation is being used. No construction of, or alteration to, any improvements, whether temporary or permanent, including but not necessarily limited to buildings, fences, walls, earthwork, paving, vegetation, signs, or secondary structures such as utility or trash enclosure, antennas and storage tanks shall be commenced on any lot prior to receiving the written approval of the BLRC and the City of Bozeman. Interior modification and/or improvements that do not alter the exterior appearance of a building, or the site improvements, shall not require the approval of the BLRC. Although an • Owner is responsible to check with the City of Bozeman to see if such interior modification and/or improvements requires their approval. Section 3.3. Density, Allowable Uses. Allowable Areas and Setbacks. Densily. No more than one (1) single family residence may be built on each single family residential lot. B) Allowable Uses: Each single family residential lot shall be used exclusively for residential purposes and not more than one family (as defined by the City of Bozeman Unified Development Ordinance) shall occupy such residences,provided however that nothing in this subparagraph shall be deemed to prevent: Any person from pursuing his or her calling upon the lot or dwelling unit ;cupied by such person, if such person primarily uses such lot or dwelling unit for residential purpose3 is self- employed and has no employees working on such lot or in such dwelling unit, and does not advertise any product, work for sale, or service provided to the public upon such lot or dwelling unit. The leasing of any lot from time to time by the Owner thereof is, subject however, to all of the restrictions as may be adopted from time to time by the Association. Home occupations or professions shall be allowed on lots in Baxter Meadows provided that they adhere to the requirements of the City of Bozeman Uniform • Page-4- Development Ordinance. No advertising or directional signs relating to a home • occupation or profession shall be allowed within the private, public, or commonly held lands within Baxter Meadows. Said home occupations or professions may require a City of Bozeman home occupation license or business license. C) Setbacks. Each lot in The Crossing at Baxter Meadows shall have a buildable area determined by building or structure setbacks as stipulated by.the City of Bozeman. For all Lots other than corner Lots, the setbacks are as follows: • Front 15 feet • Sides 5 feet • Rear 20 feet For most corner Lots, the setbacks are as follows: • Front 15 feet • Side adjacent to street 15 feet • Alternate side 5 feet • Rear 20 feet of Block 3 and Lots 10 & 20 of Block 4, the setbacks are as follows: • Front 15 feet • Side adjacent to street 10 feet • • Alternate side 5 feet • Rear 20 feet Section 3.4. Height Limits. The maximum building height shall never exceed that stipulated by the City of Bozeman. Section 3.5. Minimum and Maximum DwellingSizes. izes. Minimum. Each lot shall provide the minimum living space exclusive of garages, decks, porches, and carports of 1,515 square feet. Maximum. The maximum building size is determined by lot coverage guidelines stipulated by the City of Bozeman. Lots defined as Restricted Size Lots (RSL) on the final Plat shall not exceed 1,515 square feet exclusive of garages, decks, porches, and carports. All construction on these Lots must be in compliance with the sunset provisions of Section 18.42.180 of the Bozeman municipal code. Those provisions shall be automatically terminated after November 24, 2008, unless such date is extended by the City Commission. Section 3.6. Foundation Design. All building foundations shall be constructed"high" to avoid potential problems with high ground water. Due to the potential of higher ground water on certain lots within the subdivision, the Lot Owner is encouraged to solicit a professional engineering evaluation of groundwater conditions on their specific lot, prior to foundation Page-5- • • design. Basements within lower-lying areas are strongly discouraged. The Lot Owner must consult with a professional engineer and receive their certification prior to constructing a basement. u4) :.S" /^:I.sirr. uvvrr.crit III! I ! .... .r..y i..4. YJ•J /aar it••.. ...:..r ..... r ARTICLE IV BUILDING GUIDELINES Section 4.1. Intent. The intent of the following Building Guidelines is to provide for a • degree of continuity throughout The Crossing at Baxter Meadow. Furthermore, the intent is to establish minimum standards and theme direction to ensure that the type of housing constructed is comparable to and blends with the mountain rustic style of housing found in the mountain towns of the West, and that the type of housing avoids the appearance of"tract housing". All homes shall fully comply with the International Residential Code, as well as any and all pertinent codes established by the State of Montana, Gallatin County, and the City of Bozeman. Furthermore, the architectural theme of The Crossing is specifically intended to create a mountain rustic feeling with friendly streetscapes.. The Crossing is to be a neighborhood of tree lined streets and quaint traditional mountain styled homes. Garage doors are to be specifically subdued by recess or other design which results in the garage being subordinate to principal facade. The homes are to be designed to reflect the aesthetic and lifestyle values of the older Western mountain communities, while providing contemporary floor plans consistent with the needs of today's families. A vocabulary of architectural details and craftsman embellishments are to be considered for tasteful use in the exterior designs including: • Highly visible, well accepted and weather protected front door entry areas. • Traditional single or double hung and divided light windows with strong external accent trim. • Page 6 . • Appropriate use of exposed timbers, contoured rafter tails, natural looking roof • materials, stone accents, natural looking siding materials with emphasis on horizontal materials and wood shingles contrasted with vertical elements. • Strong"Story Book"roof shapes with gable dormers and shed dormers. • Use of exterior colors and textures to tastefully define and embellish the architectural character of the.homes. • Emphasis on the charm and aesthetics of the historical"Mountain Rustic", "Park Architecture" or"Lodge Style" type houses and buildings prevalent in the earlier history of Montana and the West. • "Four Sided" architecture, with form and design on all sides. • Subdued exterior lighting throughout the neighborhood including the individual homes to enhance night sky viewing. I These criteria outlined above will be of paramount importance in the review and approval process of house plans by the BLRC. I The Crossing has been master planned to include three residential lot types which require specific house design configurations, including: A) Lots Backing to.Davis Lane and Baxter Lane. To ensure an attractive appearance of The Crossing community as viewed by the public utilizing Davis Lane and Baxter Lane, the improvements located within those particular lots backing to Davis Lane and Baxter Lane shall be required to meet an elevated architectural standard than those lots.not backing • onto arterial routes of travel. The BLRC shall emphasize the need for interesting architectural detailing and form, through selection and variation of materials facing the rear elevations of such houses. The roofs of residences located on such Lots must include sufficient interest and variation through the use of secondary roof forms facing the rear, in the form of dormers, interrupted roof ridgelines, exposed rafter tails, and other variations of traditional, vernacular roof systems. B) Lots with Alley-Loaded Garages: The intent of this lot type is to create pleasant, traditional neighborhood front-yard streetscapes, which.are uncluttered by garage doors and vehicle storage. C) Conventional Lots, With Front-Loaded Garages: These conventional lots require de- emphasis and subdued garage door locations from the primary street frontage. Suggested design solutions include: 1. Courtyard configurations which orient the garage doors inwardly to the interior of the lot and in proximity to the front door. 2. Side access configurations which orient the garage doors outwardly to the side yard. 3. Corner configurations which orient the driveway and garage doors to the secondary streets. Page-7- • • 4. For lots at the intersection of two streets, houses shall have the -.ntry walkway and porch accessed from the same street as the adjacent lots. The intention is to end the block with houses that relate to the street in a similar manner as mid-block houses. Section 4.2. Roofs. Roofs are,a major element in the building design and therefore will be emphasized by the Building and Landscape Review Committee. A) Shape and Form. Traditional gable,hip, and shed roof designs used in creative and aesthetically pleasing combinations are encouraged. Secondary roof forms are highly recommended in designs for The Crossing. These are particularly useful to give proper scale to large roof masses. They can be particularly effective when special care is given to their massing and pattern. For further illustrations see the drawing below: V. In addition, no roof ridge line shall extend more than forty(40) feet without interruption by an intersecting roof line, secondary roof structure, or step down roof in order to break up the overall roof mass. I • Page 8 a B) Pitches. The minimum roof pitch shall be 6:12 for the major components of any roof. Minor components and secondary roof structures, such as shed roofs and dormer roofs may have pitches as low as 3:12. No component of any roof shall have a pitch less than 3:12. Although, under certain special circumstances the roof design may incorporate as a minor component of the overall roof design a flat roof. C) Secondary Roof Structures. Dormers, skylights, chimneys and solar collectors are • considered secondary roof structures. Dormers and most other secondary roof structures are encouraged, both to add interest and scale to major roof areas and to make habitable use of space within the roofs. Dormers and other secondary roofs may have gable, hip or shed forms and may be stacked in multiple forms. D) Eaves, Soffits, and Fascias. All major roof components shall have a minimum horizontal eave projection of 18 inches measured from the finished wall. Minor roof structures may have a reduced eave projection as necessary to maintain proper proportion or for a specific architectural effect demonstrated to the Committee. Eaves may have a horizontal or angled return to the wall. Soffits shall be required to cover all rafter tails and rough framing material, except where framing members are intentionally exposed, finished, and protected from exposure. All roof edges shall have a minimum fascia of 6 inches in height. For further illustration see drawing below. Page-9- • • 1 i MIK b" I FASGA "VM 04 5OFFFT � FiN134� I TYMC-AL i E) Skylights. When designing the location of skylights, consideration should be given to both the interior and exterior appearance of the unit. Locations should also be coordinated with window and door locations. Skylights shall be located away from the valleys, ridges and other areas where drifting snow and snow ice may hinder the • performance and safety of the unit. F) Solar Collectors. Solar collectors shall be integrated into the overall roof design, and shall be placed parallel with the slope of the roof or wall.of the building, located so as to minimize their appearance from public right of ways. Section 4.3. Roofing Materials. Roofing materials enhance the building and need to be compatible with the single family residential neighborhood. The recommended roofing materials are natural cedar shakes, shingles, fiberglass, and asphalt composition in an "architectural" grade. Other materials may also be considered,but must have written approval from the BLRC. Section 4.4. Gutters, Down Spouts and Flashing. Gutters and down spouts must be of a color and finish that blends with the finish colors of the structure. Flashing materials shall be of copper or painted, or anodized sheet metal. Section 4.5. Roof Mounted Equipment and Ventilating Roof Protections. All roof mounted equipment shall be integrated into the overall roof design and screened. All sewer, bathroom, clothes dryer, hot water heater, wood or gas stove, or other roof venting stazks shall exhaust to the exterior of the building, and not into the attic, crawl space or basement. The • Page-10- visibility of all such venting stacks from the street front shall be minimized, and all such stacks • shall be painted a color as similar as possible to the roof material color. Section 4.6. Exterior Walls. The exterior walls are one of the most important aesthetic elements in the building design and will reflect the image of the entire subdivision. Elements of specific concern are scale, proportion, texture and color. The scale and proportion of the exterior walls must have inherent interest and diversity, and harmonize with the high quality nature of the subdivision A) Material. Acceptable wall cladding materials are natural and manufactured stone and brick, synthetic or wood siding which is painted or stained Vinyl siding, and aluminum siding is not acceptable. Plywood siding, such as T1-11 is unacceptable. B) Colors. Exterior wall colors used shall be tones which harmonize and compliment the surrounding site and neighboring buildings. Triirn may be more colorful and contrasting in order to add visual interest. C) Concrete. Exposed concrete shall be limited to a maximum of 8 inches from the bottom of the siding to the finished grade. Exposures in excess of 8 inches of concrete shall be covered by shrubs, masonry veneer, textured concrete surface such as exposed aggregate, or synthetic stucco. D) Chimneys. Chimneys, other than those used to exhaust heating systems, may exit the • building on an exterior wall or within the structure through the roof. When part of an exterior wall they may be used as an accent form to break up the mass of the wall. They shall be of material that compliments other exterior finishes. Acceptable materials include natural or faux stone, or wood framing when the finished wood material is the same as the siding. E) Wall Form. No wall shall consist of a single finish treatment for more than 14 horizontal feet without interruption by a wall projection or a different siding material, window, wall corner, chimney, wall recess, porch or other architectural form that adds interest. F) Windows and Doors. Windows are an important architectural element and therefore significant numbers are highly encouraged. All windows shall be of double or triple glazing. No mirror glazing shall be allowed. All windows and sliding glass, french or atrium doors shall be vinyl, aluminum clad wood or similar material acceptable to the BLRC. Unclad custom built windows for individual applications shall be trimmed and painted to appear the same as the other windows in the structure and must be approved. The patterns, sizing, symmetry(or asymmetry) of windows and doors determines the scale and feel of a home. The BLRC will require that the following aspects be carefully addressed in the window and door design: Page-I I- • i • Consistency of types and shapes. • Special shapes for"future" windows in appropriate areas. • Window patterns consistent with design of the structure. Section 4.7. Decks, Balconies and Porches. Decks,balconies and porches shall be designed to enhance the overall architecture of the building by creating variety and detail on exterior elevations. Decks at grade level shall be skirted to grade. Decks which are on the second story (that are not cantilevered) and high off the ground shall either be sided down to a continuous concrete grade beam and sided with the same siding as the main body of the structure, or they shall be required to have additional mass and size in the vertical support posts and a soffit treatment to the under side of the deck which is approved by the Committee. Treated douglas fir, except in structural members, is not an acceptable decking material. Section 4.8. Garages and Parking_ Each single family home is required to have a minimum of an attached or detached two (2) car garage with a sectional roll up door(s). There will be no long term storage of cars or other vehicles outside the garage. Parking of cars, trucks, or any other vehicles in the street is discouraged. Garage doors are to be specifically subdued and, if possible, should not directly face the street. Garage doors shall be painted a color matching or of similar tone to that of the primary siding color of the structure. • Section 4.9. Energy Considerations. All occupied structures shall be designed so that the primary heat source is fueled by natural gas or electricity. The use of wood, wood bi- products,propane or coal burning appliances as the principle source of heat is prohibited. All wood burning devices except fireplaces shall be fitted with catalytic converters. Section 4.10. Exterior Lighting. A) Recessed or canned lighting is encouraged for porches, main entrances and other exterior applications to achieve softer, non-glare, lighting effects. Clear glass or translucent panels are-specifically discouraged. Honey glass or amber glass panels are encouraged as an alternative to"down light' type fixtures. No exposed bulbs shall be allowed. B) Each alleyway garage is to provide a minimum of one wall mounted light fixture or recessed can fixture with a minimum of 60 watts and maximum of 120 watts in a non glare or"down light'configuration. Such lights are to be controlled by photo electric cells. Owner shall at all times maintain the photocell in good working order such that the fixture will be illuminated during all periods of darkness. C) All residential lighting (non-street lighting) shall be illuminated with lights that meet the City of Bozeman standard requirements. In addition, all outdoor residential lighting shall be free of glare, and shall be fully shielded or shall be indirect lighting. No illumination • Page-12- I shall extend beyond a property's lot line. No unshielded lights shall be permitted. No • mercury vapor lights shall be permitted. For purposes of this paragraph, the following definitions shall apply: 1. Fully shielded lights: Outdoor residential light fixtures shielded or constructed so that no light rays are emitted by the installed fixture at angles above the horizontal plane as certified by a photometric test expert; 2. Indirect light: Direct light that has been reflected or has scattered off of other surfaces; 3. Glare: Light emitting from a luminary with an intensity great enoughlo reduce a viewer's ability to see, and in extreme cases, causing momentary blindness; and 4. Outdoor Lighting: The nighttime illumination of an outside area or object by any man- made device located outdoors that produces light by any means. D) Each house shall provide front walk lights standardized for the entire subdivision. Such lights shall be located as depicted on the following diagrams. This fixture will have a minimum of 60 watts and maximum of 120 watts in a non glare or"down light" configuration. Such lights are to be controlled by photo electric cells. •,;'/,�i�'�/;/�/f,�i,�i,,:!;1't>su,�c:ni;/���i l,''!r,>f%'�' •,`,//,�f;', ,,�,-�i/,,,' i 1 '�' 1 � .. \ i 1 �.�. �ucai i aim �•—w""•. , 1 1 f TYPICA!'_LICi TII-INCi DE9'A IL AT I?NTIiV WALK 'I'Y.PIC:AI_(.K::1•ITWU`DETAIL.A"I'DRIVF? Unless otherwise authorized by the BLRC, such front walk lights shall be a free standing decorative light of the make and model shown on the following exhibit. All light fixtures shall be configured so as to deflect down and/or away from adjoining properties or streets. They will be placed at a minimum height of six(61) feet measured from the top of the sidewalk adjacent to it to the bottom of the light fixture itself. Page-13- • • Standard Entry Light 25° i Fixture Specifications: Model-1116/wml l/pm9/3stp8/5341 Finish-#53 Rust Glass-Clear Mounting-Pole Mount Lamping- 1.00 Watt Incandescent • Dimension-As Specified Voltage-12%77 Or as Otherwise Approved by BLRC 6' 1 ARTICLE V • Page-14- SITE DEVELOPMENT AND LANDSCAPE GUIDELINES • All site improvement plans shall be reviewed and approved by the Baxter Meadows Master Community Association Building and Landscape Review Committee prior to commencement of construction or alteration. As stated previously, BLRC approval is a prerequisite to the City of Bozeman building permit applications. All adjustments to the homesite and landscaping after initial construction shall require submittal of plans and shall be installed (at cost to Lot Owner) and maintained by the Association. Section 5.1. Topography. All site plans must indicate surface drainage patterns. Section 5.1. Driveways and Driveway Culverts. Construction of all driveways shall be the responsibility of the Contractor. All driveways and parking areas shall be surfaced with asphalt or concrete. Section 5.2. Drainage Prohibitions. No lot owner shall fill or obstruct the natural flow of any drainage swale. Section 5.3. Sidewalks. Sidewalks, constructed to City standards, shall be installed at the time houses are constructed on individual lots. Upon the third anniversary(3 years) of the final Plat recordation, any lot owners who have not constructed their sidewalks shall be required to install sidewalks on their lots, regardless of whether a home is constructed on the lot or not. Sidewalk maintenance, including snow removal, shall be the responsibility of The Crossing at Baxter Meadows Property Owners Association, and shall comply with the City of Bozeman • . Ordinances. At no time shall the sidewalk right of way be obstructed by parked automobiles straddling the sidewalk. Section 5.4. Kennels. Kennels are prohibited in favor of the"invisible fence"system. Section 5.5. Fences. Fencing of front yard areas shall not be allowed, and only portions of the rear yards surrounding the patio area shall be permitted to be fenced. A) As depicted on the following diagram, on all Lots, fencing enclosing the side, rear, and front yards shall not be permitted. Fencing shall be limited to the areas directly surrounding the rear patio area, which the locations may vary based on the particular floor plan constructed on the site. Fencing location shall be approved on a site-by-site basis at the time of plan submittal. Page=15- • I i BAXTER MEADOWS PHASE 4 ■ LOT SITE PLAN ■ Rear r-------------- i Patio Area • ' t House Footprint Fencing shall be limited to areas directly around the rear patio area as indicated: Front d �o' Scale in Feet B� • Fences constructed upon any Lot shall be of an open picket design, and shall meet the • specifications stipulated in the following diagram, or as otherwise specified by the BLRC: NC a•x.' ALL FENCE MATERIF,:-S %HFd.,. BEE Or V1WYL OR FGST AS tI'1'Ii.RW SE- APP:RI V(-e^, IiY TEi:. Rt R:. IN � COL,RS OF Orr WRYIE TO CP.EAIM io 2'-3' SPACING BETWEEN MKETS I El POST f— • D) All fencing shall be of material as specified by the Declarant. Fencing material of stark white or brilliant white colors shall not be permitted. All fencing designs and layouts shall be approved by the BLRC in writing before construction shall be permitted. Section 5.6. Outdoor Storage and Privacy Screening Not limited to,but including all building and landscape materials (on lots with occupied residences), furniture (indoor and outdoor), all forms of recreational equipment, recreational vehicles, and all boats, lawn, garden and snow removal maintenance equipment, garden implements and tools, firewood, and bicycles shall be stored in an enclosed area, such as a garage or covered porch. Privacy screens will be allowed but must be constructed of siding (to be of the same material and color the main building), brick, or stone materials, and they shall be an integrated part of the main building. The screening shall be consistent with the overall design, construction and materials of the primary residence, and shall not exceed 14 feet in uninterrupted length. The height of privacy screening shall not exceed seven(T) feet. Plans for privacy screening must be submitted and approved by the BLRC. Page-17- • • Section'5.7. Antennas and Satellite Dishes. Smaller dishes of the latest technology (not exceeding two feet in diameter) will be the only kind allowed. These dishes must be located so as to be obscured from view as much as possible,and shall require BLRC approval prior to installation. Section 5.8 Utilities. All utilities including,but not limited to, natural gas, electricity, telephone and cable T.V. shall be located underground. Section 5.9 Temporary Structures. No temporary structures, trailers, campers, motor homes, tents, shacks, or similar structures shall be used as a residence on the lot. Section 5.10. Solid Waste. All rubbish, trash, waste and garbage shall be regularly removed from the property and shall not be allowed to accumulate thereon. Section 5.11. Construction Debris, Materials Storage and Clean-up. Construction materials shall not at any time prior to, during, or after construction be placed or stored in the street right-of-ways or Common Areas. All construction materials shall be removed from the entire Lot within thirty (30) days of substantial completion of construction. Construction sites shall be kept clean,neat, and well organized at all times. Any construction debris shall be the responsibility of the Building Contractor and Owner and shall be maintained and properly stored on a daily basis. All debris blown from any Lot under construction shall be immediately cleaned and removed by the Lot Owner sourcing the debris. Under no circumstances shall construction • debris, mud, dirt, gravel, lumber, garbage, waste, or other inappropriate materials be allowed to accumulate on, or be stored upon or within Common Areas or public right-of-ways at any time. The BLRC reserves the right to fine negligent parties up to $500.00 for construction debris infraction. Section 5.12. Recreational Vehicles. Trailers, motor homes, boats, snowmobiles, campers, motorcycles, and other recreational vehicles may be stored on the lot a long as they are not used for habitation, and only if they are stored completely out of sight from all directions within an attached, covered structure which is aesthetically acceptable to the BLRC. Section 5.13 Mail Boxes. Individual mail boxes shall not be allowed. Mail boxes will be clustered at strategic locations to simplify mail delivery and reduce streetscape clutter. Mail box clusters will be of a location approved by the local Postmaster and no parking shall be allowed in front of the mailbox clusters. Section 5.14. Landscaping_ Landscaping will be required to enhance the value of the property and the aesthetics of the site. The entire Lot shall be landscaped, including up to the actual edge of the road curb. All landscaping improvements shall be designed and installed by the Declarant or his representative, and will be included in the iotal cost of the home. Landscape and irrigation maintenance shall be the responsibility of the Association. A) Lots Backing or Siding to Davis Lane and Baxter Lane: To ensure an attractive appearance of The Crossing at Baxter Meadows community as viewed by the public utilizing Davis Lane and Baxter Lane, the rear and side yards of residences adjacent to • Page-18- Baxter Lane and Davis Lane shall include sufficient landscape material and design so as • to present a visually attractive rear yard to the public from such public right of way, as well as to buffer potential noise and visual conflicts between the rear of the residence and the arterial routes of travel. This may include,but is not limited to the BLRC requiring additional appropriate fencing, trees, and/or shrubs meeting the standards stated herein. An example of an approved rear yard elevation for these locations is shown in the diagram below: Section 5.15. Landscaping Maintenance. Lawns and landscaping shall be maintained at rl F i • all times in a manner which shall not detract from the appearance and value of the adjoining lots or diminish the aesthetics of the subdivision. All landscaping shall be maintained by the Association. IN WITNESS WHEREOF, the Declarant has caused this Declaration to be executed by its duly authorized agent this day of 12007. Page-19- • III • BAXTER MEADOWS WEST LLC,, a Montana limited liability company, By: Thomas L. Clinton By: Gerald R. Williams STATE OF MONTANA ) ss. COUNTY OF ) The foregoing Declaration was acknowledged before me by THOMAS L. CLINTON AND GERALD R. WILLIAMS, as Authorized Agents, of Baxter Meadows West LLC, this day of ) 2007. Witness my hand and official seal. • Notary Public for the State of Residing At My Commission expires: • Page-20- • r _� t i i i e � SECRETARY OF STATE STATE OF MONTANA PWORITY BRADJOHNSON o� yr Montana State Capitol PO Box 202801 Helena, MT 59620-2801 (406)444-3665 .....,.,; y http://www.sos.mt.gov CONNIE THOMPSON POTTER CLINTON DEVELOPMENT INC 3985 VALLEY COMMONS DRIVE BOZEMAN MT 59718 RE:BAXTER MEADOWS MASTER COMfJNITY ASSOCIATION, INC ARTICLES OF INCORPORATION Filing Date: April 12, 2006 April 14, 2006 Filing Number:D155311 688009 Dear Ms.Thompson: I've approved the filing of the documents for the above named entity. The document number and filing date have been recorded on the original document. This letter serves as your certificate of filing and should be maintained in your files for future reference. • Thank you for giving this office the opportunity to serve you. If you have any questions in this regard, or need additional assistance,please do not hesitate to contact the Business Services Bureau professionals at(406)444-3665. Sincerely, '_� AIA�� BRAD JOHNSON Secretary of State i You can correspond with our office via facsimile.Our fax number is(406)444-3976.You can now fax in Your search,copy,and certificate requests. ARTICLES OF INCORPORATION FOR THE BAXTER MEADOWS MASTER COMMUNITY ASSOCIATION 0 i`f t'�..'�" .. .... -j J - �- E5 rra Vt o 1 ARTICLES OF INCORPORATION FOR THE BAXTER MEADOWS MASTER COMMUNITY ASSOCIATION (A Nonprofit Corporation) The undersigned hereby signs and acknowledges, for delivery to the Secretary of State of Montana, these Articles of Incorporation for the purpose of forming a nonprofit corporation pursuant to Montana law. ARTICLE 1. NAME The name of this corporation is the Baxter Meadows Master Community Association("Community Association"). ARTICLE 2. DURATION The duration of the Community Association shall be perpetual. ARTICLE 3. • DEFINITIONS r,M.-t Q 3-- The definitions set forth in the Community Declaration for Baxter�N,16dow" =c Master Community (the "Community Declaration") shall apply to all capitar errq C set forth herein unless otherwise defined herein. �> � r ARTICLE 4. CD NONPROFIT '-'' N The Community Association shall be a public benefit nonprofit corporation, without shares of stock. ARTICLE 5. PURPOSES AND POWERS OF COMMUNITY ASSOCIATION Section 5.1 Purposes. The purposes for which the Community Association is formed are as follows: (a) To be and constitute the Community Association to which reference is made in the Community Declaration, as recorded or to be recorded, in the records of the Clerk and Recorder of Gallatin County, Montana. The Community Declaration relates to Page 1 of 7 Master Articles,FINAL.wpd the real estate in Gallatin County, Montana, which may be annexed and made subject to all or portions of the Community Declaration (the "Project Area"). Any real estate which is, in fact, annexed and made subject to all or part of the Community Declaration is referenced as "Real Property". (b) To operate and manage the Master Planned Community created by the Community Declaration and to operate and manage the Real Property and Common Elements included within the Community, situated in Gallatin County, Montana, subject to the Community Declaration, Bylaws, and such rules and regulations as the Board of Directors may, from time to time, adopt, for the purposes of enhancing and preserving the value of the Real Property and Common Elements for the benefit of the Owners. (c) To perform all acts and services and exercise all powers and duties in accordance with the requirements for a master association of owners charged with the administration of the Real Property and Common Elements under Montana law and as set forth in the Community Declaration or any amendment to the Community Declaration. (d) To act for and on behalf of the Owners in the Community Association in all matters deemed necessary and proper for the protection, maintenance and improvement of the lands and improvements owned by the Owners and this Community Association and to act for and on behalf of the Real Property and Common Elements, including without limitation, representing the Community Association-.before any governmental body having jurisdiction over the Community Associationcor servs S • provided to or from the Community Association. n CZ) � f- M - rT (e) To promote the health, safety and welfare of all Owners in the&& ociat n ' m and of the Community and to provide and maintain a desirable corrq.n ty and O rn environment for all Owners, tenants, guests and members of the public, in �e CD Community. y< <=' IJ (f) To do any and all permitted acts suitable or incidental to any of the foregoing purposes and objects to the fullest extent permitted by law, and do any and all acts that, in the opinion of the Board will promote the common benefit and enjoyment of the occupants, residents and Owners of the Community, and to have and to exercise any and all powers which are granted under the Community Declaration, the Bylaws and the laws applicable to a nonprofit corporation of the State of Montana. Section 5.2 Purposes and Powers. The foregoing statements of purpose shall be construed as a statement of both purposes and powers. The purposes and powers stated in-each clause shall not be limited or restricted by reference to or inference from the terms or provisions of any other clause, but shall be broadly construed as independent purposes and powers. The Community Association shall not, except to an insubstantial degree, engage in any activities or exercise any powers that are not in furtherance of the primary purposes of the Community Association. Page 2 of 7 Master Articles,FINAL.wpd • • Section 5.3 Restrictions Upon Purposes and Powers/Campaigns. The Community Association shall not participate or intervene in (including the publishing or distribution of statements) any political campaign on behalf of or in opposition to any candidate for public office. Section 5.4 Dividends, Distribution, etc. The Community Association shall not pay any dividends. No distribution of the corporate assets to Owners (as such) shall be made. Upon dissolution of the Community Association, the assets shall be distributed as provided in these Articles of Incorporation. ARTICLE 6. DELEGATES, MEMBERSHIP RIGHTS AND QUALIFICATIONS Voting Members of the Community Association shall be established as Real 'Property is made subject to the Community Declaration, and as provided in the Community Declaration. Any person who holds title to Real Property or a Unit in the Planned Community shall be an Owner. Voting rights and other rights of the Owners are vested in Delegates, as provided for in the Community Declaration, the Bylaws and as allowed for under Montana law. Members, as that term is used in Montana nonprofit law shall be the Delegates, as applicable, elected as provided in the Community Declaration and Bylaws. Wherever in Montana law, reference is made to Members (as, for example, in statutory provisions requiring an annual meeting of members, permitting removal of • directors by members or relating to voting on amendments to these .Articles of Incorporation) the Members referred to shall be such Delegates. cn f-.4 �— n r� rn The Members may be of such classes of membership as establiq'ebye 0 Community Declaration, as the Declaration may be amended or supplemented`.`;C_ rn CD ARTICLE 7. C/7) z ��- REGISTERED AGENT y M %n The current principal office of the Community Association is 3985 Va eey Commons Drive, Bozeman, MT 59718. The initial registered agent of the Community Association is David Finegan at the registered address of 3985 Valley Commons Drive, Bozeman, MT 59718. The principal office and the registered agent and office of the Community Association may change from time to time, by action of the Board of Directors. ARTICLE 8. BOARD OF DIRECTORS/EXECUTIVE BOARD The business and affairs of the Community 'Association shall be conducted, managed and controlled by a Board of Directors (Executive Board). The initial Executive Board shall consist of not less than three (3)persons, the specific number to be set forth in the Bylaws of the Community Association. The duties, qualifications, . Page 3 of 7 Master Articles,FfNAL.wpd number and term of the members of the Executive Board and the manner of their election, appointment and removal shall be as set forth in the Bylaws. The Executive Board shall exercise the powers granted to. the Community Association, except those expressly reserved to the Owners or Delegates, and the Executive Board shall also administer the affairs of the Community Association in accordance with the provisions of these Articles, the Bylaws, the Community Declaration and laws relating to and governing nonprofit corporations of Montana. The Declarant of the Community shall have additional rights and qualifications as provided under Montana law and the Community Declaration, including the right to appoint members of the Executive Board during the period of Declarant control. The Declarant or the Owners may establish such classes of membership of the Owners and of the Executive Board so as to reasonably allow for representation of the various communities included within the Community. With such classifications, the Owners within a class may then elect only specified members of their class to the Executive Board. This Article of these Articles of Incorporation may be amended only in accordance with Montana law, and shall not be amended in any manner that would modify any Special Declarant Rights as defined in the Community Association Documents without Declarant's prior written consent. ARTICLE 9. AMENDMENT Amendment of these Articles shall require the assent of at least two-thirds (2/3) of the votes cast by the Delegates of the Community Association at a meeting of the Delegates at which a quorum is present, in person or by proxy;provided, however,that no amendment to these Articles of Incorporation shall be contrary to or inconsistent with the provisions of the Community Declaration, and provisions within these Articles of Incorporation requiring the consent of the Declarant for certain amendments must be complied with. Amendments may also be made pursuant to the assent of at least two- thirds (2/3) of a quorum of the Delegates voting by mail. ARTICLE 10. ADDITIONS TO AND DELETIONS FROM THE REAL ESTATE Additions to and deletions from the Real Property of the Community awed fog in the Community Declaration may be made only in accordance with MontanDT an.Z. rSr� the Community Declaration. m N Page 4 of 7 Master Articles,FINAL.wpd • I • ARTICLE 11. DISSOLUTION In the event of the dissolution of the Community Association as a corporation, either voluntarily or involuntarily by the Owners hereof, by operation of law or otherwise, then the assets of the Community Association shall be deemed to be owned by I the Owners at the date of dissolution, as apart of their Real Property, in proportion to their allocated interests, unless otherwise agreed or provided by law, except that in the event of dissolution by the Secretary of State of Montana (for failure to file administrative or other documents with the Montana Secretary of State), the Community Association may be reinstated as allowed by law, in which event, assets of the Community Association shall remain assets of the Community Association. ARTICLE 12. INTERPRETATION Express reference is hereby made to the terms and provisions of the Community Declaration, which shall be referred to when necessary to interpret, construe or clarify the provisions of these Articles. In the event of conflict, the terms of the Community Declaration shall control over these Articles of Incorporation. ARTICLE 13. • INCORPORATOR The name and address of the incorporator is as follows: Potter Clinton Development, Inc. 3985 Valley Commons Drive Bozeman,MT 59718 rn M r"t"1 cry ' —� N • Page 5 of 7 Master Articles,FINAL.wpd s 't < IN WITNESS WHEREOF, the undersigned has signed these Articles of Incorporation this lql"--day of Fxti , 2005. 4hom�as L. Clin on State of Montana ) ss. County o4ze ) Subscribed and sworn to before me this day of September, 2005,by Thomas L. Clinton. Witness my hand and official seal. Notary Public ,lam'rr' Residing at My commission expires: WY311,;�0 7 m ® _ rn _ - FT-1 N M C ) n C M r7-1 Z?O 0 � rM %.n N Master Articles,FINAL.wpd • • 7 y • CONSENT OF REGISTERED AGENT The undersigned hereby consents to the appointment as registered agent for the Community Association. LI'homas L. Clinton State of r ) ss. County of�� ) Subscribed and sworn to before me this. day of September, 2005,by Thomas L. Clinton. Witness my hand and official seal. Notary Public Residing at • My commission expires: - rn =< Ev rn -- C fv� CD f'T'1 Tl V1 tV • Master Articles,FINAL.wpd • >. - a • �_. .� i t 3 • • i s � e a N�« c0 0 F4 IO N - Nn� a ' v i � E � O u BYLAWS OF THE BAXTER MEADOWS MASTER COMMUNITY ASSOCIATION w Table of Contents ARTICLE 1 Page INTRODUCTION,PURPOSES AND DEFINITIONS ............................................................ 1 . Section 1.1 Introduction ................................................................................................ 1 Section1.2 Purposes ...................................................................................I................. 1 Section1.3 Definitions ................................................................................................. 1 ARTICLE 2 MEMBERSHIP ................................................................................................................ 1 Section2.1 Membershin ..................................................................... ........... ......... 1 Section 2.2 Memberships Appurtenant ......................................................................... 1 Section 2.3 Voting Rights of Members ......................................................................... 2 Section 2.4 Voting by Joint Owners ............................................................................. 2 Section 2.5 Resolution of Voting Disputes ................................................................... 2 Section 2.6 Suspension of Voting and Owner Rights ................................................... 2 ARTICLE 3 MEETINGSOF OWNERS ............................................................................................. 3 Section 3.1 Place of Meetings of Owners by Delegate District .................................... 3 Section 3.2 Annual Meetings of Owners b Delegate District ..................................... 3 • Section 3.3 Special Meetings of Owners by Delegate District ............................:........ 3 Section 3.4 Record Date for Owner Meetings .............................................................. 3 Section 3.5 Notice of Meetings of Owners by Delegate District .................................. 3 Section 3.6 Proxies of Owners .........................................................I............................ 4 Section 3.7 Quorum at Owners' Meeting_s ..................................:................................. 4 Section 3.8 Adiournments of Owners' Meetings .......................................................... 4 Section 3.9 Vote Required at Owners' Meetings ........................................................4 Section 3.10 Order of Business .................................:..................................................... 5 Section 3.11 Certification of Election After Meeting ..................................................... 5 Section 3.12 Action by Written BalIot ............................................................................ 5 ARTICLE 4 DELEGATES ........................................................................................I........................... 5 Section4.1. Dele ates .................................................................................................... 5 Section 4.2 Voting Rights of Delegates ........................................................................ 5 Section 4.3 Qualifications of Delegates ........................................................................ 6 Section 4.4 Term of Office of Delegates ...................................................................... 6 Section 4.5 Removal of Delegates ................................................................................. 6 Section 4.6 Resignation of Delegates ........................................................................... 6 Section4.7 Vacancies. ................:.................................................................................6 • I IIIIII��II�II 1�IIIII Illil I++II III 2202825 09/22 OS 12:00P 8holloy Vanoo-Oallatln Co MT MISC 601.00 • ARTICLE 5 MEETINGS OF DELEGATES ...................................................................................... 6 Section 5.1 Place of Delegate Meetings ........................... ........................................ 6 Section 5.2 Annual Meetings of Delegates ................................................................... 6 Section 5.3 Special Meetings of Delegates .............................................I...................... 6 Section 5.4 Budget Meetings of Delegates ................................................................... 7 Section 5.5 Notice of Meetings of Delegates ............................................................... 7 Section 5.6 Record Date for Meetings of Delegates ..................................................... 7 Section 5.7 Proxies of Delegates. ................................................................................. 7. Section 5.8 Ouorum at Delegates' Meetings ................................................................ 7 Section 5.9 Attendance of Delegates by Telecommunication ...................................... 8 Section 5.10 Adjournments of Delegates' Meetings ...:.................................................. 8 Section 5.11 Vote Required at Delegates' Meetings ...................................................... 8 Section 5.12 Cumulative Voting by Delegates Not Permitted ....................................... 8 Section 5.13 Order of Business ....................................................................................... 8 Section 5.14 Officers of Meetings of Delegates .............................................................. 8 Section 5.15 Waiver of Notice by Delegates .................................................................. 8 Section 5.16 Action of Delegates Without a Meeting .................................................... 9 • Section 5.17 Action by Delegates Written Ballot ........................................................... 9 Section 5.18 Owners' Right to Attend Meetings of Delegates ....................................... 9 Section 5.19 Compensation of Delegates ....................................................................... 9 . ARTICLE 6 , EXECUTIVEBOARD .................................................................................................... 9 •. Section 6.1 Number and Potential Classes ................................................................... 9 Section 6.2 Oualifications of Members of the Executive Board ................................ 10 Section 6.3 ;Nominations for the Executive Board ..................................................... 11 Section 6.4 Term of Office for Directors .................................................................... 11 Section 6.5 Removal of Directors ............................................................................... 11 Section 6.6 Vacancies on the Executive Board .......................................................... 11 Section6.7 Compensation ........................................... ......... . ......... 11 Section 6.8 Resignation of Board Members/Directors ............................................... 12 ARTICLE 7 MEETINGS OF THE EXECUTIVE BOARD ............................................................ 12 Section 7.1 Location of Meetings and Open Meetings of the Board .......................... 12 Section 7.2 Annual Meeting of the Executive Board ..........................I.....................1 12 Section 7.3 Regular Meetings of the Board ................................................................ 12 Section 7.4 Special Meetings of the Board ................................................................. 12 Section 7.5 Notice of Board Meetings ........................................................................ 12 Section 7.6 Waiver of Notice of Board Meetings ....................................................... 13 Section 7.7 Quorum for Board Meetings .................................................................... 13 Section 7.8 Proxies of the Board. ............................................................................... 13 Section 7.9 Adiournment of Board Meeting_s ............................................................. 13 Section 7.10 Vote Required at Board MeetinQs ........................................................... 13 Section 7.11 Consent to Corporate Action of the Board .............................................. 13 Section 7.12 Telephone Communication of Board Members in Lieu of Attendance ... 13 I IIII��I��II�I�II IIIII II�II�IIII I�IIIII i��II���I�I�111� page: so of 03 09122/2003 2202825P Shelley Yana*-Gallatin Co MT MISC 601.00 I I i`( II II I �I�IIII(I III 2202825 (I��ill IIII�IIIII IIIII�III1 III)�IIII�I Shelley Vamat-04116tln Cc M7 MISC 801.00 ARTICLE 8 POWERS AND DUTIES OF THE EXECUTIVE BOARD ....................................... 15 Section 8.1 Powers and Duties ........... ....................................................................... 15 ARTICLE 9 OFFICERS AND THEIR DUTIES .........................................................I..................... 16 Section 9.1 Enumeration of Offices ............................................................................ 16 Section 9.2 Appointment of Officers .......................................................................... 16 Section 9.3 Special Appointments ............................................................................. 16 Section 9.4 Resignation and Removal. ........................................................_.............. 16 Section 9.5 Vacancies ................................. ..... ........ ................ ................... _...... ........ 16 Section9.6 Duties .................................................................................I................I.... 16 Section9.7 Dele ation ................................................................................................ 17 Section 9.8 Ap-reements.Contracts, Deeds,Checks. Etc ............................................ 17 Section 9.9 Statements of Unpaid Assessments .......................... ..:............................ 17 Section 9.10 Compensation .......................................................................................... 17 ARTICLE 10 COMMITTEES .............................................................................................................. 18 Section 10.1 Designated Committees ........................................................................... 18 ARTICLE 11 ENFORCEMENT ........................................................................................... .............. 18 Section 11.1 Abatement and Enjoinment of Violations ................................................ 18 Section 11.2 Fines for Violation ................................................................................... 18 ARTICLE 12 BOOKSAND RECORDS ............................................................................................. 18 Section12.1 Records. ................................................................................................... 18 Section12.2 Examination ...............................................................I............................ 19 ARTICLE 13 INDEMNIFICATION ..........:...... ........... 19 Section 13.1 Obligation to Indemnify .......................................................................... 19 Section 13.2 Determination Required .......................................................................... 20 Section 13.3 Payment in Advance of Final Disposition ...............................................20 Section 13.4 No Limitation of Rights ........................................................................... 21 Section 13.5 Directors and Officers Insurance .............................................................21 ARTICLE 14 MISCELLANEOUS ...................................................................................................... 21 Section 14.1 Notices to the Community Association ................................................... 21 Section14.2 Waiver .......................................................................................................21 ARTICLE 15 AMENDMENTS ............................................................................................................ 21 Section 15.1 Bylaw Amendments/Vote of the Delegates ............................................. 21 Section 15.2 Restrictions on Amendments ................................................................... 21 • BYLA WS OF THE BARTER MEADOWS MASTER COMMUNITY ASSOCIA TION ARTICLE 1 INTRODUCTION,PURPOSES AND DEFINITIONS Section 1.1 Introduction. These are the Bylaws of the Baxter Meadows Master Community Association(the"Community Association"),which Community Association operates under Montana law. Section 1.2 Purposes. The purposes for which the Community Association was formed are to preserve and enhance the value of the properties.of Owners and to operate,govern,manage, supervise and care-for the Master Planned Community and the Common Elements of the "Community,"situated in Gallatin County,Montana,as the Community was created pursuant to the Community Declaration for Baxter Meadows(the"Community Declaration"),plats and/or deeds. Section 1.3 Definitions. Terms used herein shall have the meanings set forth in the Community Declaration unless expressly defined herein. ARTICLE 2 MEMBERSHIP • Section 2.1 Membership. Members of the Community Association include Delegates elected on behalf of Owners subject to the Community Declaration. Each Owner shall be allocated votes pursuant to the Community Declaration. Voting rights and other rights of the Owners are vested in Delegates,as provided for in the Community Declaration, these Bylaws and as allowed for under Montana law. Members, as that term is used in Montana nonprofit law, shall be the Delegates, as applicable, elected as provided in the Community Declaration and these Bylaws. Wherever in the Montana nonprofit law reference is made to Members(as,for example,in statutory provisions requiring an annual meeting of members, permitting removal of directors by members or relating to voting on amendments to these Articles of Incorporation) the Members referred to shall be such Delegates. The Members may be of such classes of membership as established by the Community Declaration,as the Declaration may be amended or supplemented. Section 2.2 Memberships Appurtenant. Each membership shall be appurtenant to the fee simple title of an Owner. The person or persons who constitute the Owner of fee simple title shall automatically be the holder of the membership appurtenant and the membership shall automatically pass with fee simple title. No Owner shall be entitled to resign from the Community Association. Membership shall not be assignable separate and apart from fee simple title except that an Owner . may assign some or all of their rights as an Owner to a tenant or holder of a security interest and may arrange for a tenant to perform some or all of such Owner's obligations,but no such delegation or assignment shall relieve an Owner from the responsibility for fulfillment of the obligations of an Page 1 of 22 Master Bylaws,F[NAL.wpd I 1 l i I l i Pass: Gi 2202825 I�INII II�II IIIII II�II III�I illll 1IIIIII III IIIIIII II III of M12/2005 12300P • Shelley Vence-Gallatin Co MT MISC 601.00 Owner under the Community Declaration. The rights acquired by any such tenant or holder of a Security Interest shall be extinguished automatically upon termination of the tenancy or interest. The assignment of rights by an Owner pursuant to this Section shall not be subject to any present or future statutory time limit for the duration of proxy rights. Section 2.3 Vag Rights of Members. The Real Property shall be divided into Delegate Districts,and each Delegate District shall elect one Delegate and one Alternate Delegate to exercise the voting power of all the Owners in such Delegate District as is more particularly provided in the Community Declaration. Supplemental Declarations may define the Delegate District for Owners. The boundaries of Delegate Districts maybe redefined as provided in the Community Declaration. Each Owner shall have the right to cast votes for the election of the Delegate to exercise the voting power of the Delegate District in which the Owner's Unit is located. Each Owner and Delegate shall be entitled to votes as provided for in the Community Declaration,except that no votes allocated to a Unit owned by the Community Association or a Sub Association may be cast. The Delegate from a Delegate District shall be elected by Owners holding a majority.of the voting power in such Delegate District present in person, or by proxy, at a duly constituted meeting of such Delegate District. During the Period of Declarant Control, the Declarant or persons appointed by the Declarant shall have the right to appoint members of the Executive Board. In the event a Unit is resubdivided into two or more Units in accordance with the terms and conditions contained in the Community Declaration, each Unit existing after such resubdivision shall be entitled to one membership. Section 2.4 Voting by Joint Owners. If there is more than one person who constitutes an • Owner, each such person shall be entitled to attend any meeting of Owners but the voting power attributable shall not be increased. In all cases in which more than one person constitutes an Owner, including instances of husband and wife, then,unless written notice to the contrary,signed by any one of such persons,is given to the Board prior to the meeting,any one such person shall-be entitled to cast, in person or by proxy, the.vote attributable, and it shall be presumed that they are in agreement with respect to the manner that such vote is cast. If, however, more than one person constituting such Owner attends a meeting in person or by proxy, and seeks to cast the vote attributable,then the act of those persons owning a majority in interest shall be entitled to cast the vote attributable. Section 2.5 Resolution of Voting.Disputes. In the event of any dispute as to the entitlement of any Owner to vote or as to the results of any vote of Owners at a meeting,the Board shall act as arbitrators and the decision of disinterested majority of the Board shall,when rendered in writing, be final and binding as an arbitration award and may be acted upon in aceardance with Montana law;provided,however,that the Board shall have no authority or jurisdiction to determine matters relating to the entitlement of Declarant to vote or relating to the manner of exercise by Declarant of its voting rights. Section 2.6 Suspension of Voting and Owner Rights. During any period in which a Owner shall be in default in the payment of any Assessment levied by the Community Association, the voting rights and right to use any recreational facilities of the Community by such Owner shall Page 2 of 22 Master Bylaws,FINAL.wpd IIIIII IIIII IIIII IIIII IIIII IIIII IIIIIII III IIII IIIII IIII 2202825 f83 Shelley Vance-Gallatin Co MT MISC 8Gt." 1 I • be deemed suspended by the Executive Board(as hereafter defined),without notice or hearing,until such Assessments have been paid. Such rights of a Owner may also be suspended,after notice or hearing, during any period of violation of any other provision of the Community Declaration, Articles of Incorporation("Articles")or Bylaws. ARTICLE 3 MEETINGS OF OWNERS Section 3.1 Place of Meetings of Owners by Delegate District. Meetings of the Owners in a Delegate District shall be held in the Community,or in the greater Bozeman,Montana area, as designated by the Executive Board or the President or an officer or agent, in the notice of the meeting. Section 3.2 Annual Meetings of Owners by Delegate District. The annual meetings in each Delegate District shall be held as the annual meeting of a Sub Association, if the Sub Association comprises all of a Delegate District. Otherwise, an annual meeting of the Owners within a Delegate District shall be held to elect a Delegate from the Delegate District and to transact such other business as may properly come before the meeting. At these meetings,a Delegate shall be elected by the Board of the Sub Association, or if the Delegate District includes property not within one Sub Association or outside of a Sub Association, then by ballot of those Owners, in accordance with the provisions of these bylaws,the Community Declaration and Articles. Section 3.3 Special Meetings of Owners by Delegate District. Special meetings of the Owners in any Delegate District may be called by the Delegate representing the Delegate District, . the Board or by Owners holding not less than ten percent(10%)of the total votes of all Owners in . the Delegate District. No business shall be transacted at any special meeting except as indicated in the notice thereof. Section 3 A Record Date for Owner Meetings. For the purpose of determining Owners entitle to notice of,or to vote at any meeting of Owners in any Delegate District or in order to make a determination of such Owners for any other proper purpose,the Board may fix,in advance,a date as the record date for any such determination of Owners. The record date shall be not more than fifty(50) days prior to the meeting of Owners or the event requiring a determination of Owners. Section 3.5 Notice of Meetings of Owners by Delegate District. Written notice of each meeting of Owners,by Delegate District,shall be given by,or at the direction of,the Secretary or person authorized to call the meeting at least ten(10)days before,but not more than fifty(50)days before such meeting, to each Owner entitled to vote. Notice may be provided by telephone, facsimile, e-mail,or by first class mail,postage pre-paid. Such notice shall specify the place, day and hour of the meeting and, in the case of a special meeting, the purpose of the meeting. No matters shall be heard nor action adopted at a special meeting except as stated or allowed in the notice. Page 3 of 22 Master Bylaws,FINAL.wN 111f1111111(1111�����11111 IIIII 1111111.1111111111111111 Page:063 28 25P • Shelley Vance—Gallatin Cc MT MISG 601.00 1 Section 3.6 Proxies of Owners. A Owner entitled to vote in any Delegate District may vote in person or by proxy in writing executed by the Owner or his duly authorized attorney-in-fact and filed with the Secretary of the meeting prior to the time the proxy is exercised. The filing of a proxy by a Owner may include, without limitation, the transmission of the same by telegram, teletype,facsimile,e-mail or other electronic transmission to the Secretary of the meeting provided that such transmitted proxy shall set forth or be transmitted with written evidence from which it can be determined that the Owner transmitted or authorized the transmission of the proxy. Any proxy may be revoked,prior to the time the proxy is exercised,by a Owner in person at a meeting or by revocation in writing filed with the Secretary. A proxy shall automatically cease upon the conveyance by an Owner of their Unit. No proxy shall be valid after eleven(11)months after the date of its execution unless otherwise provided in the proxy and no proxy shall be valid in any event for more than three years after its date of execution. Any form of proxy furnished or solicited by the Community Association and any form of written ballot furnished by the Community Association shall afford an opportunity theron for Owners to specify a choice between approval and disapproval of each matter or group of related matters which is known at the time and form of proxy or written ballot is prepared,may come before the meeting and shall provide,subject to reasonably specified conditions that if a Owner specifies a choice with respect to any such matter,the vote shall be cast in accordance therewith. Section 3.7 Quorum at Owners' Meetings. Except as may be otherwise provided in the Community Declaration,the Articles of Incorporation or these Bylaws,and except as hereinafter provided with respect to the calling of another meeting, the presence, in person or by proxy, of Owners entitled to cast at least ten percent(10%)of the votes of all Owners in any Delegate District • shall constitute a quorum at any meeting of such Delegate District. Owners present in person or by proxy at a duly organized meeting may continue to transact business until adjournment, notwithstanding the withdrawal of Owners so as to leave less than a quorum. If the required quorum is not present in person or by proxy,then Owners entitled to cast at least five percent(5%) of the votes of all Owners within such Delegate District,shall,except as may be otherwise provided in the Community Declaration,the Articles of Incorporation or these Bylaws,constitute a quorum at such meeting. Section 3.8 Adjournments of Owners'Meetings. Owners present in person or by proxy at any meeting of a Delegate District may adjourn the meeting from time to time,whether or not a quorum shall be present in person or by proxy, without notice other than announcement at the meeting, for a total period or periods of not to exceed 30 days after the date set for the original meeting. At any adjourned meeting which is held without notice other than announcement at the meeting, the quorum requirement shall not be reduced or changed, but if the originally required quorum is present in person or by proxy, any business may be transacted which might have been transacted at the meeting as originally called. Section 3:9 Vote Required at Owners' Meetings. At any meeting of a Delegate District if a quorum is present, a majority of the votes present in person or by proxy and entitled to be cast on a matter shall be necessary for the adoption of the matter,unless a greater proportion is required by law, the Community Declaration,the Articles of Incorporation or these Bylaws. Page 4 of 22 Master Bylaws,FTNAL."d i f ull IIII IIIII(IIII IIIII IIII)111111111111111111 11111 22028i B3 Shelley Vanua-Gallatin Co MT M18C 501.00 • Section 3.10 Order of Business. The order of business at any meeting of Owners of a Delegate District shall be as follows: (a)roll call to determine the voting power represented at the meeting; (b) proof of notice of meeting or waiver of notice; (c) reading of minutes of preceding meeting; (d) report of the Delegate of the Delegate District; (e) election of a Delegate(at annual meetings or special meetings held for such purpose);and(f)other business if noticed,is provided for in these Bylaws. Section 3.11 Certification of Election After Meeting. Promptly after any meeting of Owners to elect a Delegate in a Delegate District,the Secretary or their agent shall certify in writing to the Board the name and address of the Delegate elected,the Delegate District which the Delegate represents and the time and place of the meeting at which the Delegate was elected. Section 3.12 Action by Written Ballot. Any action that may be taken at any annual, regular,or special meeting of the Owners of a Delegate District may be taken without a meeting by . written ballot delivered to every Owner entitled to vote on the matter. The procedure for actions by written ballot shall be governed by Montana law. ARTICLE 4 DELEGATES Section 4.1 Delegates. A "Delegate" is defined in the Community Declaration as the natural person selected by Owners within a Delegate District to represent such Delegate District and to cast votes on behalf of Owners within such Delegate District. Section 4,2 Voting Rights of Delegates. Each Delegate shall have one vote for each vote • which could be cast by Owners voting to elect a Delegate for such Delegate District as provided in the Community Declaration or in any Supplemental Declaration. Each Delegate may cast the votes which he or she represents in such manner as the Delegate, in his or her sole discretion, deems appropriate,acting on behalf of all the Owners in the Delegate District;provided,however,that in the event that at least a majority in interest of the Owners in any Delegate District present in person or by proxy at a duly constituted meeting of such Delegate District shall determine at such meeting to instruct their Delegate as to the manner in which he or she is to vote on any issue, then the Delegate representing such Delegate District shall cast all of the voting power in such Delegate District in the same proportion, as nearly as possible without counting fractional votes, as the . ' . Owners in such Delegate District shall have cast their votes"for"and"against"such issue in person or by proxy. A Delegate shall have the authority, in his or her sole discretion, to call a special meeting of the Owners of the Delegate's Delegate District in the manner provided for in these Bylaws,for the purpose of obtaining instructions as to the manner in which to vote on any issue to be voted on by the Delegates. When a Delegate is voting without the instruction from the Owners represented by such Delegate,then all of the votes may be cast as a unit orb lock, or the Delegate may apportion some of such votes in favor of a given proposition and some of such votes in opposition to such proposition. It will be presumed that any Delegate casting votes will have acted with the authority and consent of all the Owners of the Delegate District of such Delegate. Pages of 22 Master Bylaws,FINAL.wpd IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII 2202825 0P • i Illlll IIIII Iilll III I Shelley vanes-Gallatin Co MT MISC 601.00 I Section 4.3 Qualifications of Dele aQ tes. A Delegate must be a resident of dwelling unit within the Delegate District,an occupant of a Commercial Unit,within the Delegate District,or an Owner, or, if any Owner is not a natural person, must be an authorized agent of the Owner. If a Delegate conveys or transfers title to his or her Unit or ceases to reside or occupy within the Delegate District, or if a Delegate who is an authorized agent of an Owner which is not a natural person ceases to be such authorized agent,or if the entity of which a Delegate is an agent transfers title, such Delegate's term shall immediately terminate and the Alternate Delegate shall take such Delegate's place. A Delegate may be reelected,and there shall be no limit on the number of terms a Delegate may serve. Section 4.4 Term of Office of Delegates. Each Delegate shall be elected to a two year term of office,and shall continue in office until a successor is elected,unless such Delegate resigns, is removed, or becomes disqualified to be a Delegate. Section 4.5 Removal of Delegates. At any duly called meeting of Owners of a Delegate District,the notice of which indicates such purpose,the Delegate representing that Delegate District may be removed, with or without cause,by a vote of a majority of the votes of Owners present at such meeting in person or by proxy, and a successor may then and there be elected to fill the vacancy thus created. Section 4.6 Resignation of Delegates. Any Delegate may resign at any time by giving written notice to the Presideni, to the Secretary or to the Board stating the effective date of such resignation. Acceptance of such resignation shall not be necessary to make the resignation effective. • Section 4.7 Vacancies. Any vacancy occurring in the office of a Delegate shall,unless filled after removal of Delegate,be filled at a special meeting,called for such purpose,of Owners of the Delegate District represented by such Delegate. A Delegate elected to fill a vacancy shall be elected for the unexpired term of his or her predecessor in office. ARTICLE 5 MEETINGS OF DELEGATES Section 5.1 Place of Delegate Meetings. Meetings of Delegates shall be held at the principal office of the Community Association,if any,or at such other place,within or convenient to the Community as may be fixed by the Board and specified in the notice of the meeting. Section 5.2 Annual Meetings of Delegates. An annual meeting of the Delegates shall be held during each of the Community Association's fiscal years,at such time of the year and date as determined by the Executive Board and set forth in the notice sent to the Delegates. Section 5.3 Special Meetings of Delegates. Special meetings of the Delegates may be called by the President, by a majority of the members of the Board or by a petition signed by Delegates comprising twenty percent(20%)of the votes in the Community Association, Page 6 of 22 Master Bylaws,FrNAL.wpd r Iilllllllllllll1I111111!!ill11111111111111111111111IN ?��28?03 Shelley Vanoe-Gallatin Co MT MISC 601.00 i � • �IIIU���II IIIII I II!l�tll�I�I�Il�l�l��I�Ill�l�II!f�ll 22028200 Sh�11�Y Vanoa-G�l1at]n Co PIT RISC 801.00 Section 5.4 Budget Meetings of Delegates. Meetings of Delegates to consider proposed budgets shall be called in accordance with the Community Declaration. The budget process allows for a veto,by certain delegates,of a proposed budget adopted by the Executive Board,as provided for in the Community Declaration. In the event any proposed budget is rejected, the budget last ratified is continued until such time as a subsequent budget proposed by the Executive Board is ratified. Section5.5 Notice ofMeetingsofDelegates. Written notice of each meeting of Delegates shall be given by,or at the direction of,the Secretary or person authorized to call the meeting at least ten (10) days before, but not more than fifty (50) days before such meeting, to each Delegate entitled to vote. Notice may be provided by telephone, facsimile, e-mail, or by first class mail, postage pre-paid. Such notice shall specify the place,day and hour of the meeting and,in the case of a special meeting, the purpose of the meeting. No matters shall be heard nor action adopted at a special meeting except as stated or allowed in the notice. The notice of an annual meeting shall include the names of any known candidate for Delegate and shall identify any other matter which it is known may come before the meeting. The notice of a special meeting in any Delegate District shall state the purpose or purposes for which the meeting is called. The notice of any annual or special meeting in any Delegate District shall state any matter an Owner within such Delegate District intends to raise at the meeting if requested to do so by a person entitled to call a special meeting in such Delegate District at least ten(10)days before notice of the meeting is given. Section 5.6 Record Date for Meetings of Delegates. For the purpose of determining Delegates entitled to notice of, or to vote at, any meeting of Delegates, or in order to make a determination of such Delegates for any.other purpose,the Board may fix,in advance,a date as the . record date for any such determination of Delegates. The record date shall not be more than fifty (50) days prior to the meeting of Delegates or such other event requiring a determination of Delegates. Section 5.7 Proxies ofDelegates. For the purposes of determining a quorum with respect to a particular proposal and for the purposes of casting a vote for or against that particular proposal, a Delegate may execute,in writing,a proxy to be held by another Delegate. The proxy shall specify either a yes,no or abstain vote on each particular issue for which the proxy was executed. Proxies which do not specify a yes, no or abstain vote shall not be counted for the purpose of having a quorum present or as a vote on the particular proposal before the Delegates. Section 5.8 Quorum at Delegates'Meetings. Except as may be otherwise provided in the Community Declaration,the Articles of Incorporation, or these Bylaws,the presence in person or by proxy of Delegates entitled to cast at least forty percent(40%)of the votes of all Delegates shall constitute a quorum at any meeting of Delegates. Delegates present at a duly organized meeting of Delegates may continue to transact business until adjournment,notwithstanding the withdrawal of Delegates so as to leave less than a quorum. if the required quorum is not present at any meeting of Delegates, another meeting may be called, subject to the notice requirements set forth in this Article, and the presence of Delegates entitled to cast at least twenty percent(20%)of the votes of all Delegates shall,except as may be otherwise provided in the Community Declaration,the Articles of Incorporation or these Bylaws, constitute a quorum. page 7 of 22 Master Bylaws,F1NAL.wpd I I I IlIIf11lIII IIIII lllll IIIII Illil IIIIIII111 IIII{IIII IIII zzO0 of 03 Shallay VanoM4allatln Co MT MISC $01.00 Section 5.9 Attendance of Delegates by Telecommunication. If a Delegate so requests in a written notice given to the Secretary of a meeting at least seven.(7) days prior to the meeting and if the Board agrees,in its sole discretion,to permit the same,such Delegate may participate in such meeting,or such meeting may be conducted through the use of any means of communication by which such Delegate may hear each other person present during such meeting. A Delegate participating in a meeting by the foregoing means shall be deemed to be present in person at such meeting. Section 5.10 Adjournments of Delegates' Meetings. Delegates present at any meeting of Delegates may adjourn the meeting from time to time, whether or not a quorum shall be present, without notice other than an announcement at the meeting, for a total period or periods of not to exceed thirty(30)days after the date set for the original meeting. At any adjourned meeting which is held without notice other than announcement at the meeting,the quorum requirement shall not be reduced or changed, but if the originally required quorum is present, any business may be transacted which might have ben transacted at the meeting as originally called. Section 5.11 Vote Required at Delegates' Meetings. At any meeting of Delegates,if a quorum is present,a majority of the votes present in person and entitled to be cast on a matter shall be necessary for the adoption of the matter, unless a greater proportion is required by law the Community Declaration,the Articles of Incorporation or these Bylaws. Section 5.12 Cumulative Voting by Delegates Not Permitted. Cumulative voting by Delegates in the election of Board members shall not be permitted. Section 5.13 Order of Business. The order of business at all meetings of Delegates shall be as follows: (a)roll call to determine the voting power represented at the meeting; (b)proof of notice of meeting or waiver of notice; (c)reading of minutes of preceding meeting; (d)reports of officers; (e) reports of committees; (f) election of members of the Executive Board (at annual meetings or special meetings held for such purpose); (g) ratification of budgets (if required and noticed and as applicable under the Community Declaration);(h)unfinished business;and(i)new business. Section 5.14 Officers of Meetings of Delegates. The President shall act as chairman and the Secretary shall act as secretary of any meeting of Delegates. In the absence of the President, then Vice President, the Secretary or the Treasurer, in that order, shall act as chairman of the meeting. In the absence of the Secretary,then the Assistant Secretary,the Treasurer or any Assistant Treasurer, in that order,shall act as Secretary of the meeting. Section 5.15 Waiver of Notice by.Delegates. A waiver of notice of any meeting of Delegates,signed by a Delegate,whether before or after the date or time stated in the notice as the date or time when the meeting will occur or has occurred,shall be equivalent to the giving of notice of the meeting to such Delegate. Attendance of a Delegate at a meeting shall constitute waiver of notice of such meeting unless the Delegate at the beginning of the meeting objects to holding the meeting or transacting business at the meeting because of lack of notice or defective notice. Additionally, attendance of a Delegate at the meeting shall constitute a waiver of objection to Page 8 of 22 Master Bylaws,F1NAL.wpd i I��llll IIlII�IIII(I! 2age; so of 93 202825 �)IIIII 111111111111 IIIP1111111111111 9/22/2305 12:00P 9hell6y Vanon-Gallatin Co MT MISC 001.00 consideration of a particular matter at the meeting that is not within the purpose or purposes described in the meeting notice, unless the Delegate objects to considering the matter when it is presented. Section 5.16 Action of Delegates Without a Meeting. Any action required to be taken or which may be taken at a meeting of Delegates, may be taken without a meeting if a consent, in writing, setting forth the action so taken,'shall be signed by all of the Delegates, and otherwise in accordance with the applicable requirements of Montana law. Section 5.17 Action by Delegates Written Ballot. Any action that may be taken at any annual, regular, or special meeting of the Delegates may be taken without a meeting by written ballot delivered to every Delegate entitled to vote on the matter. The procedure for actions by written ballot shall be governed by Montana law. Section 5.18 Owners'Right to Attend Meetings ofDele agates. Any Owner shall be entitled to attend any meeting of Delegates. Section 5.19 Compensation of Delegates. No Delegate shall.receive any compensation from the Community Association for acting as such unless approved by a majority ofthe votes of the Delegates, regular or special meeting of the Delegates. Any Delegate may be reimbursed for expenses incurred on behalf of the Community Association. Nothing herein shall prohibit the Community Association from compensating a Delegate, or any entity with which a Delegate is affiliated,for services or supplies furnished to the Community Association in a capacity other than as a Delegate pursuant to a contract or agreement with the Community Association. . ARTICLE 6 EXECUTIVE BOARD Section 6.1 Number and Potential Classes. ' (a) The affairs of the Community and the Community Association shall be governed by an Executive Board which shall initially consist of three(3)members,elected or appointed as provided in the Community Declaration and these Bylaws. (b) From and after the date of recordation of the Community Declaration until the date which is sixty(60) days after the date of conveyance of twenty-five percent(25%)of the Units That May Be Created to Owners other than the Declarant,the Declarant,or persons appointed by the Declarant,may appoint and remove all officers and members of the Board. (c) From and after the date which is sixty (60) days after the date of conveyance by Declarant of twenty-five percent(25%)of the Units That May Be Created to Owners other than Declarant until the date which is sixty (60) days after the date of conveyance by Declarant of fifty percent(50%) of the Units That May Be Created to Owners other than Declarant,the number of members of the Board shall be increased to four(4),and the Page 9 or 22 Master Bylaws,FTNAL.wpd • Owners other than Declarant(acting through their Delegates)shall have the right to elect one (1)of the members of the Board(equal to the greater of one or twenty-five percent(25%), rounded to the nearest whole number)of the total number of the members of the Board,and the Declarant, or persons appointed by Declarant, may appoint and remove all other members of the Board. (d) From and after the date which is sixty (60) days after the date of conveyance by Declarant of fifty percent(50%) of the Units That May Be Created to Owners other than Declarant until the date of termination of the Period of Declarant Control, the number of members of the Board shall be increased to.five(5),and the Owners other than Declarant (acting through their Delegates) shall have the right to elect two(2)of the members of the Board(equal to the greater of one or thirty-three percent(33%),rounded to the nearest whole number) of the total number of the members of the Board, and the Declarant, or persons appointed by the Declarant,may appoint and remove all other members of the Board. (e) From and after the date of termination of the Period of Declarant control,the Board shall remain at five(5)members,and the Owners,including Declarant(if Declarant is then an Owner), shall elect at least three (3) members, at least a majority of whom must be Owners other than the Declarant. (f) However, if prior to the termination date of the Period of Declarant Control,the Community Association approves an extension of the Declarant's ability to appoint and remove no more than a majority of the Executive Board,by vote of a majority of the votes entitled to be cast by Delegates,in person or by proxy,other than by the Declarant,at a duly convened meeting of the Delegates, as allowed for in these Bylaws, then the Declarant's . rights of appointment may be extended.Any such approval by the Community Association may contain conditions and limitations. Such extension of Declarant's appointment and removal power, together with any conditions and limitations approved as provided in this paragraph, shall be included in an amendment to the Community Declaration. (g) The Declarant may voluntarily surrender any or all of the foregoing rights to appoint and remove officers and members of the Board before termination of the Period of Declarant Control, but in that event, the Declarant may require, for the duration of the Period of Declarant Control,that specified actions,as described in a recorded instrument executed by the Declarant,be approved by the Declarant before they become effective. (h) . As Owners are elected to the Board by the Delegates,the Declarant or the Owners may establish such classes of membership of the Owners and of the Executive Board so as to reasonably allow for representation of the various neighborhoods included within the Community. In the event of those classifications, the Delegates may then elect only specified members of the Executive Board. Section 6.2 Qualifications of Members of the Executive Board. Members of the Executive Board shall be natural persons who are eighteen(18)years of age or older. Except as appointed by Declarant, they must be an Owner or, if the Owner is a.partnership, corporation or other entity not a natural person, must be an authorized agent of such partnership, corporation or Page 10 of 22 Master Bylaws,RNAL."d IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIsill z200 of 03 Shelley Vance-Oallalln Co MT MLSC 601.00 other entity. If a member of the Executive Board conveys or transfers title to his Unit,or a member of the Executive Board who is an authorized agent or a partnership, corporation or other entity ceases to be such authorized agent,or if the partnership, corporation or other entity transfers title to its Unit, such member's term shall immediately terminate and a new member shall be selected as promptly as possible. There shall be no limit on the number of terms that may be served. Section 6.3 Nominations for the Executive Board. Except for appointees by Declarant, nomination for election to the Board shall be made by a nominating committee. Nominations may also be made from the floor at the annual meetings of Delegates. The nominating committee shall consist of a chairman, who shall be a member of the Board, and two or more Delegates. The nominating committee shall be appointed by the Board prior to each annual meeting of the Delegates to serve from the close of such annual meetings until the close of the next annual meetings and such appointment shall be announced at each annual meeting. The nominating committee shall make as many nominations for election to the Board as it shall in its discretion determine,but not less than the number of vacancies that are to be filled. Section 6.4 Term of Office for Directors. The terms of office of Directors shall be three (3)years or until such time as a successor is elected,and the terms of at least one-third(1/3)of the Directors shall expire annually. Section 6.5 Removal of Directors. The Delegates,by a vote of at least two-thirds(2/3) of the votes at any meeting of the Delegates at which a quorum is present,may remove a Director, other than a Director elected or appointed by class(if any classes are designated by the Declarant) • and other than directors appointed by Declarant. Directors appointed by the Declarant may not be removed by the Delegates under this section of the Bylaws. Directors sought to be removed shall have the right to be present at such meeting and shall be given the opportunity to speak to the Delegates prior to a vote to remove being taken. Upon removal,the Delegates,by majority vote, shall then elect such new members of the Executive Board to replace those Directors which were removed. Section 6.6 Vacancies on the Executive Board. Vacancies inthe Executive Board,unless filled by Declarant pursuant to its appointment powers,that are caused by any other reason(other than removal) shall be filled by appointment. Each person so appointed shall be a Director who shall serve for the remainder of the unexpired term. Section 6.7 Compensation. No Director shall receive any compensation from the Community Association for acting as such unless approved by a majority of the votes in the Community Association at a regular or special meeting of the Community Association . Any Director may be reimbursed for expenses incurred on behalf of the Community Association upon approval of a majority of the other Directors. Nothing herein shall prohibit the Community Association from compensating a Director, or any entity with which a Director is affiliated, for services or supplies furnished to the Community Association in a capacity other than as a Director pursuant to a contract or agreement with the Community Association,provided that such Director's interest was made known to the Board prior to entering into such contract and such contract was approved by a majority of the Board of Directors,excluding the interested Director. Page I I of 22 Master Bylaws,F1NAL.wpd + II ++ + +1 2202825 I IIIII II��I IIIII I�I�I IIIf�I�III(II I(I�IIIII I II IIII 09/2212008 12a00p 6ha11ay Vanoo—Callatln Co MT MISC 801.00 i Section 6.8 Resignation of Board Members/Directors. Any member of the Executive Board may resign at any time by giving written notice to the President, to the Secretary or to the Board stating the effective date of such resignation. Acceptance of such resignation shall not be necessary to make the resignation effective. ARTICLE 7 MEETINGS OF THE EXECUTIVE BOARD Section 7.1 Location of Meetings and Open Meetings of the Board. All meetings of the Executive Board shall be at the principal office of the Community Association, if any, or at such other place, within or reasonably convenient to the Community. All meetings shall be open to attendance by Owners, as provided by applicable Montana law. Section 7.2 Annual Meeting of the Executiye Board. Annual meetings of the Executive Board shall be held on the same date as, or within ten (10)days following,the annual meeting of Delegates. The business to be conducted at the annual meeting of the Executive Board shall consist of the appointment of officers and the transaction of such other business as may properly come before the meeting. No prior notice of the annual meeting of the Board shall be necessary if the meeting is held on the same day and at the same time and place of the annual meeting of the Board is announced at the annual meeting of Delegates. Section 7.3 Regular Meetings of the Board. Regular meetings of the Executive Board . shall be held at least twice per year at such place and hour as may be fixed by the Board,without notice. The Board may set a schedule of additional regular meetings by resolution, and no further notice is necessary to constitute regular meetings,except as may be required by law. Section7.4 Special Meetings.oftheBoard. Special meetings of the Executive Board shall be held when called by the President of the Community Association,or by any two Directors,after not less than three (3) business days' notice to each Director. The notice shall be delivered in a manner whereby confirmation of receipt of the notice is received,and shall state the time,place and purpose of the meeting. Section 7.5 Notice of Board Meetings. In the case of all meetings of the Executive Board for which notice is required,notice stating the place,day and hour of the meeting shall be delivered not less than three (3) nor more than fifty (50) days before the date of the meeting, by mail, telegraph,telephone,e-mail or personally,by or at the direction of the persons calling the meeting, to each member of the Board. If mailed, such notice shall be deemed to be delivered at 5:00 p.m. on the second business day after it is deposited in the mail. If by facsimile, such notice shall be deemed delivered when received at the facsimile number for each member of the Executive Board as appears on the records of the Community Association. If by telephone, such notice shall be deemed to be delivered when given by telephone to the member of the Executive Board or to any person answering the phone who sounds competent and mature at his home or business phone number as either appears on the records of the Community Association. Neither the business to be transacted at,nor the purpose of,any regular or special meeting of the Board need be specified in the notice or waiver of such meeting. Page 12 of 22 Master RV1aW.q FfNal.—A page: 72 of 03 2202825 ���I1�I I�11�11I��IIII�III�I�I{I�f�Il�il�l�III�I IIII I II 09/22/2005 12:02P Shelley Vanoa-0811a11n Cc MT MI9C 001.00 i ll�l IIII IIII IIIII IIIII IIIII��IIII�f II IIIII IIII III 2203 of 03 Shelley Vanee-Gallatin Co MT MISC W1.00 Section 7.6 Waiver of Notice of Board Meetings. Any Director may waive notice of any meeting in writing. Attendance by a Director at any meeting of the Board shall constitute a waiver of notice. If all the Directors are present at any meeting, no notice shall be required, and any business may be transacted at such meeting. Section 7.7 Quorum for Board Meetings. At all meetings of the Executive Board,a majority of the Directors shall constitute a quorum for the transaction of business,unless there are less than three Directors,in which case,all Directors must be present to constitute a quorum. The votes of a majority of the Directors present at a meeting at which a quorum is present shall constitute a decision of the Board unless there are less than three(3)Directors,in which case,unanimity of the Directors is required to constitute a decision of the Board. If, at any meeting, there shall be less than a quorum present,a majority of those present may adjourn the meeting. Section 7.8 Proxies of the Board. For the purposes of determining a quorum with respect to a particular proposal and for the purposes of casting a vote for or against that particular proposal, a Director may execute,in writing a proxy,to be held by another Director. The proxy shall specify either a yes, no or abstain vote on each particular issue for which the proxy was executed. Section 7.9 Adjournment of Board Meetings. Members of the Board present at any meeting of the Board may adjourn the meeting from time to time,whether or not a quorum shall be present,without notice other than an announcement at the meeting,for a total period or periods not to exceed 30 days after the date set for the original meeting. At any adjourned meeting which is held without notice other than announcement at the meeting,the quorum requirement shall not be reduced • or changed,but if the originally required quorum is present,any business may be transacted which may have been transacted at the meeting as originally called. Section 7.10 Vote Required at Board Meetings. At any meeting of the Board,if a quorum is present, a majority of the votes present in person and entitled to be cast on a matter shall be necessary for the adoption of the matter, unless a greater proportion is required by law, the Community Declaration,the Articles of Incorporation or these Bylaws. Section 7.11 Consent to Corporate Action of Board. The Directors shall have the right to take any action in the absence of a meeting which they could take at a meeting by obtaining the written approval of all of the Directors. Any action so approved shall have the same effect as though taken at a meeting of the Directors. The secretary shall file these consents with the minutes of the meetings of the Executive Board. Section 7.12 Telephone Communication of Board Members in Lieu of Attendance. A Director may attend a meeting of the Executive Board by using an electronic or telephonic communication method whereby the Director may be heard by the other members and may bear the deliberations of other members on any matter properly brought before the Executive Board. The Director's vote shall be counted and his or her presence noted as if that Director were present in person on that particular matter. Page 13 of 22 Master Bylaws,FINAL.wpd I I f ( f I 2202825 I llllll Illll IIIII Illll IIIII Illll Illllll III Till III llll 83 Paso: r 09/2212008 12:00P • Sh*11ey yanca-Gallatin Ca MT MISC 601.00 ARTICLE 8 POWERS AND DUTIES OF THE EXECUTIVE BOARD Section 8.1 Powers and Duties. The Executive Board may act in all instances on behalf of the Community Association,except as provided in the Community Declaration, the Articles or these Bylaws. The Executive Board shall have, subject to the limitations contained in the Community Declaration and the Articles,the powers and duties necessary for the administration of the affairs of the Community Association and of the Community, and for the operation and maintenance of the Community as a first class Community, including the following powers and duties: (a) Adopt the initial Bylaws; (b) Adopt and amend budgets for revenues, expenditures and reserves (c) As a part of the adoption of the regular budget the Executive Board shall include an amount which, in its reasonable business judgment, will establish and maintain a reserve fund for the replacement of those improvements that. it is obligated to maintain,based upon age,remaining life,quantity and replacement cost; (d) Collect Assessments to the extent expressly permitted by the Community Declaration or delegated; (e) Hire and discharge an independent managing agent, provided that any agreement for professional management of the Community must provide for the termination by either party with or without cause and without payment of a termination fee or penalty upon thirty(30)days written notice; (f) Hire and discharge employees,independent contractors and agents other than managing agents; (g) Institute, defend or intervene in litigation or administrative proceedings or seek injunctive relief for violations of the Community Declaration or Bylaws in the Community Association's name,on behalf ofthe Community Association or two(2) or more Owners on matters affecting the Community; (h) Enter into contracts on the Association's behalf and incur liabilities; (i) Regulate the use, maintenance, repair, replacement and modifications of Common Elements; (j) Cause additional improvements to be made as a part of the Common Elements; (k) Acquire,hold,encumber and convey,in the Community Association's name, any right,title or interest to real estate or personal property,but Common Elements may be conveyed or subjected to a security interest only pursuant to state law or the terms of the Community Declaration; Page 14 d 11 Master Bylaws,FINAL.wpd I fll(II IIIII IIIII IIIII IIIII Illll IIIIIII III IIIIII Ili IIII � �2825P dheliay Venoo-Gallatin Cc MT MISC Sol go (1) Grant easements for any period of time,including permanent easements,and grant leases, licenses and concessions,through or over the Common Elements; (m) Impose and receive a payment,fee or charge for services provided and/or for the use,rental or operation of the Common Elements; (n) Impose a reasonable charge for late payment of assessments and,after notice and hearing, levy reasonable fines or assessments provided for or allowed in the Community Declaration or Bylaws of the Community Association; (o) Keep and maintain full and accurate books and records showing all of the receipts, expenses,or disbursements of the Community Association; (p) Borrow funds in order to pay for any expenditure or outlay required pursuant to the authority granted by the provisions of the recorded Community Declaration and these Bylaws,and to execute all such instruments evidencing such indebtedness as the Executive Board may deem necessary and give security therefor; (q) Impose a reasonable charge for the preparation and recording of amendments to the Community Declaration, liens,or statements of unpaid assessments; (r) Provide for the indemnification ofthe Community Association's Officers and the Executive Board and maintain Directors'and Officers'liability insurance; (s) Procure and maintain adequate liability and hazard insurance on property owned by the Community Association and as further set forth in the Community Declaration; • (t) Cause all Directors, Officers, employees or .agents having fiscal responsibilities to be bonded or insured, as it may deem appropriate and in such amounts as it may deem appropriate. Such expense shall be a cost to the Association; (u) Declare the office of a member of the Executive Board to be vacant in the event such member shall be absent from three(3) consecutive regular meetings of the Executive Board; (v) Exercise for the Community Association all powers, duties, rights and obligations in or delegated to the Community Association and not reserved to the membership by other provisions of these Bylaws, Articles or the Community Declaration;and (w) Exercise any other powers conferred by the Community Declaration or Bylaws. Page 15 of 22 Master Bylaws,FINAL.wpd Ihill��l�l�IIII Illlf t��ll�lfll ll(II�I III 1I�III���IIII 2202of 2GO Bhsllay Yanoa-Oallatln Co MT MISC 801.00 (c) Secretary. The secretary, shall have charge to have kept or shall keep the minutes of all meetings of the Owners and proceedings of the Executive board. The secretary shall have charge of the Community Association's books and papers and shall perform all the duties incident to the office of secretary of a nonprofit corporation organized under the laws of the State of Montana. The secretary may cause to be prepared and may attest to execution by the president of amendments to the Community Declaration and the Bylaws on behalf of the Community Association, following authorization or approval of the particular amendment as applicable. (d) Treasurer. The treasurer shall be responsible for Community Association funds and for keeping full and accurate financial records and books of account showing all receipts and disbursements and for the preparation of all required financial data. This officer shall be responsible for the deposit of all monies and other valuable effects in depositories designated by the Executive Board and shall perform all the duties incident to the office of treasurer of a nonprofit corporation .organized under the laws of the State of Montana. Section 9.7 Delegation. The duties of any officer may be delegated to the manager or another Executive Board member, provided, however, the officer shall not be relieved of any responsibility under these Bylaws or under Montana law. Section 9.8 Apreements, Contracts, Deeds, Checks. Etc. Except as provided in these Bylaws, all agreements, contracts, deeds, leases, checks and other instruments of the Community Association shall be executed by any officer of the Community Association or by any other person or persons designated by the Executive Board. Section 9.9 Statements of Unpaid Assessments. The treasurer, assistant treasurer,a manager employed by the Community Association, if any,or, in their absence,any officer having access to the books and records of the Community Association may prepare, certify, and execute statements of unpaid assessments in accordance with applicable law. I The Community Association may charge a reasonable fee for preparing statements of unpaid assessments and for collections. The amount of these fees and the time of payment shall be established by resolution of the Executive Board. Any unpaid fees may be assessed as a Common Expense against the Unit for which the certificate or statement is furnished. Section 9.10 Compensation.. Compensation of officers shall be subject to the same limitations as imposed in these Bylaws on compensation of directors. Page 17 of 22 Master Bylaws,F1NAL.wpd IIII�I III)�III�IIII�IIIII IIIII IIIIIII III IIIIII III IIII 2202825 o83 Bhallay Vanoa-Gallatln Co MT M18C "I N ARTICLE 9 OFFICERS AND THEIR DUTIES Section 9.1 Enumeration of Offices. The officers of this Community Association shall be a President,Vice-President, Secretary and Treasurer, and such other Officers as the Executive Board may from time to time create by resolution. The offices of Secretary and Treasurer may be held by the same person. Section 9.2 Appointment of Officers. The officers shall be appointed by the Executive Board at the Annual Meeting of each new Executive Board. The Officers shall hold office at the pleasure of the Executive Board. Section 9.3 Special App�2intments. The Executive Board may appoint or elect such other officers as the affairs of the Community Association may require,each of whom shall hold office for such period,have such authority,and perform such duties as the Executive Board may,from time to time, determine. Section 9.4 Resignation and Removal, Any Officer may resign at any time by giving written notice to the Executive Board,the President or the Secretary. Such resignation shall take effect on the date of receipt of such notice or at any later time specified therein. Acceptance of such resignation shall not be necessary to make it effective. Any Officer may be removed from office with cause by a majority of the Executive Board. Section 9.5 Vacancies. A vacancy in any office may be filled by appointment by the a Executive Board by majority vote of the Board. The Officer appointed to such vacancy shall serve' for the remainder of the term of the Officer he replaces. Section 9.6 Duties. The Duties of the Officers are as follows: (a) President. The president shall have all of the general powers and duties which are incident to the office ofpresident ofa Montana nonprofit corporation. The president may cause to be prepared and may execute amendments,attested by the secretary, to the Community Declaration and these Bylaws on behalf of the Community Association, following authorization or approval of the particular amendment as applicable. (b) Vice President. The vice president shall take the place of the president and perform the president's duties whenever the president is absent or unable to act. If neither the president nor the vice president is able to act,the Executive Board shall appoint some other Director to act in the place of the president on an interim basis. The vice president shall also perform other duties imposed by the Executive Board or by the president. Page 16 of 22 Master Bylaws,F1NAL.wpd II illl Ills 2202825P 1 IIIIII IIIII Illii IIIII 41lII Iill!Illilii I Ili II09/2212008 • Shelley Vanoa-Gallatin Co MT MISC Sai.00 ARTICLE 10 COMMITTEES Section 10.1 Designated Committees. The Community Association may appoint committees as deemed appropriate in carrying out its purposes, subject to the Community Declaration. Committees shall have authority to act only to the extent designated in the Governing Documents or delegated by the Executive Board. ARTICLE 11 ENFORCEMENT Section l 1.1 Abatement and Enioinment of Violations: The violation of any provision of the Governing Documents shall give the Executive Board the right,except in case of an emergency, in addition to any other rights set forth in these Bylaws to enjoin, abate or remedy by appropriate legal proceedings,either at law or in equity,the continuance of any breach. Section 11.2 Fines for Violation. By action of the Executive Board,following notice and hearing,the Executive Board may levy reasonable fines fora violation of the Governing Documents which persist after notice and hearing. ARTICLE 12 BOOKS AND RECORDS • Section 12.1 Records. The Community Association or its manager or managing agent,if any, shall keep the following records: (a) An account for each Owner,which shall designate the name and address of each Owner, the amount of each common expense assessment, the dates on which each assessment comes due,any other fees payable by the Owner,the amounts paid on the account and the balance due; (b) An account for each Owner showing any other fees payable by the Owner; (c) The most recent regularly prepared balance sheet and income and expense statement,if any,of the Community Association ; (d) .The current budgets; (e) A record of any unsatisfied judgments against the Community Association and the existence of any pending suits in which the Community Association is a defendant; (f) A record of insurance coverage provided for the benefit of Owners and the Community Association; (g) Tax returns for state and federal income taxation; Page 18 of 22 Master Bylaws,FINAL.wpd II I I I II III II IIII IiII I IIIIIII II I IIIIII III I I II II 09122/2005 12:00P II 1111i 1 zz'V 9 O e3 8halley Vanoe-0\1Latin Co RT 17160 801.00 • (h) Minutes of proceedings of meetings of the Owners,Directors,committees.of Directors and waivers of notice; and (i) A copy of the most current versions of the Community Declaration,Articles, Bylaws, and Resolutions of the Executive Board, along with their exhibits and schedules. Section 12.2 Examination. The books,records and papers of the Community Association (excepting any confidential and/or privileged book, records or papers) shall at all times, during normal business hours and after reasonable notice, be subject to inspection and copying by any Owner, at their expense, for any proper purpose, as set forth in a Records Policy duly adopted by the Executive Board of the Community Association and subject to applicable law on confidentiality and right to privacy. The Executive Board or the Manager shall determine reasonable fees for copying. ARTICLE 13 INDEMNIFICATION Section 13.1 Obliization to Indemnify. (a) The Association shall indemnify any person: (i) Who was or is a party, or is threatened to be made a party, to any threatened,pending or completed action, suit or proceeding, whether civil, criminal, administrative or investigative (other than an action by or in the • right of the Association); (ii) By reason of the fact that that person is or was a Director,Officer or committee member of the Association; (iii) Provided that the person is or was serving at the request of the Association in such capacity; (iv) But no indemnification shall be made with respect to any claim, issue or matter in any threatened,pending or completed action or suit where such person has been adjudged to be liable for gross negligence or gross misconduct in the performance of his or her duty to the Association,unless a court determines that,despite the adjudication of liability,but in view of all circumstances of the case, such person is fairly and reasonably entitled to indemnification for such expenses if such court deems proper. (b) The Association's obligation for indemnification shall include:(i).actual and reasonable expenses(including expert witness fees, attorneys' fees and costs); (ii) judgments and fines; and'(iii)reasonable amounts paid in settlement. Page 19 of 22 Master Bylaws,FINAL.wpd � Illllllllllllllllflllllllllllillllllllllllllllff lllllll 2202825 • Shelley Vance-Gallatin Co MT MISC 601.00 (c) The Association shall indemnify when the person identified :in subsection (a)of this Section: (i)acted in good faith; (ii)acted in a manner which such person reasonably believed to be in the best interests of the Association; (iii)with respect to any criminal action or proceeding,had no reasonable cause to believe the conduct was unlawful;and(iv)to the extent that such person has been wholly successful on the merits in defense of any action, suit or proceeding as described above, such person shall be indemnified against actual and reasonable expenses(including expert witness fees,attorneys' fees and costs)incurred in connection with such action,suit or proceeding. Section 13.2 Determination Required. The Board ofDirectors shall determine whether the person requesting indemnification has met the applicable standard of conduct set forth above. Such determination shall be made by the Board-of Directors: (a) By majority vote of a quorum consisting of those members of the Board of Directors who were not parties to such action,suit or proceeding or; (b) By independent legal counsel in a written opinion if a majority of those members of the Board of Directors who were not parties to such action, suit or proceeding so directs, or; (c) By a vote of the members if a majority of those members of the Board of Directors who were not parties to such action, suit or proceeding so directs. • (d) Determination of any action, suit or proceeding :by judgment,order, settlement or conviction, or upon a plea of nolo contendere or its equivalent, shall not of itself create a presumption that the person did not act in good faith and in a manner reasonably believed to be in the best interests of the Association and,with respect to any criminal action or proceeding, had reasonable cause to believe the conduct was unlawful. Section 13.3 Payment in Advance of Final Disposition. The Association shall pay for or • reimburse the reasonable expenses as described above in advance of final disposition of the action, suit or proceeding if the person requesting indemnification provides the Board of Directors with: (a) A written affirmation of that person's good faith belief that he or she has met the standard of conduct described above and; (b) Awritten statement that such person shall repay the advance if itis ultimately determined that he or she did not meet the standard of conduct described above. Page 20 of 22 Master Bylaws,FTNAL.wpd IIIIIIIIIIIIIIIIIIIINllllllllllllllllllillllllllilllll zz�1 of3 Sh011ay Vanoa-Gallatin Co MT MISC 601.00 • Section 13.4 No Limitation of Rights. The indemnification provided in this Article shall not be deemed exclusive of nor a limitation upon any other rights to which those indemnified may be entitled under any bylaw,agreement,vote of the Owners or disinterested members of the Board of Directors,or otherwise,nor by any rights which are granted pursuant to Montana law, as those statutes may be amended from time to time. Section 13.5 Directors and Officers Insurance. The Association shall purchase and maintain insurance on behalf of any person who is or was a member of the Board of Directors,the manager,committee members,or anyone acting at the direction of the Board,covering defense and liability expenses arising out of any action,suit or proceeding asserted against such person by virtue of such person's actions on behalf bfthe Association or at the direction of the Board,whether or not the Association would have the power to indemnify such person against such liability under provisions of this Article. ARTICLE 14 MISCELLANEOUS Section 14.1 Notices to the Community Association. All notices to the Community Association or the Executive Board shall be delivered to the office of the manager,or,if there is no manager, to the office of the Community Association, or to such other address as the Executive Board may designate by written notice to all Owners. Section 14.2 Waiver. No restriction,condition,obligation or provision contained in these Bylaws shall be deemed to have been abrogated or waived by reason of any failure to enforce the • same, irrespective of the number of violations or breaches which may occur. ARTICLE 15 AMENDMENTS Section 15.1 Bylaw AmendmentsNote of the Dele ates. These Bylaws maybe amended only by the affirmative vote of at least a majority of Delegates at any regular or special meeting of Delegates, provided that a quorum is present at any such meeting. Notice of these Bylaws and any amendments may be recorded. Section 15.2 Restrictions on Amendments. No amendment.of the Bylaws of this Community Association shall be adopted which would affect or impair the validity or priority of any Security Interest covering any Unit,or which would materially change the provisions of the Bylaws with respect to a first lien Security Interest or the interest of an institutional mortgagees of record. Additionally, these Bylaws may not be amended during the Period of Declarant Control without Declarant's prior written consent,which consent Declarant may withhold in its sole discretion. Page 21 of 22 Master Bylaws,F1NAL.wpd Illllllllllllllllllllllllllliillllllllllllllillllllllll 22 82 O2f 83 Shelley Vanoa-Gallatin Co MT MISC 601.00 CERTIFICATION I,the undersigned,do'hereby certify that I am the Secretary of the Baxter Meadows Master Community Association, Inc., a Montana nonprofit corporation, and that the foregoing Bylaws constitute the Bylaws of said Community Association as duly adopted by the Executive Board. ReRe ek h Williams, Secretary Page 22of 22 432F1067-1961-083A7D.wpd =----=------- --- ------ lm ::f■111111111� 1 VIL , , i; Elm a� Illlr / r I f r`.� k�•■ ■■_ k.. -` 0■ n -a:c Ri•_ :!` .l Wit.G.Lp!iCl��g?' _ _ •3 I■■ _ _ _ L �.r' - 'r — I.■-�;I��<It= I,■1� +, 'V-sr�liF oll „`r _i ((r aC, 11r III bCb 1 :I -� • / J _ - t%! =': ice iiri�3ir :'.� o -- ;:c ✓:y??i3 �ieei��'ttiiitP� kl- la 0 r ' • • i • i I I - I • • • 9 • J-410 a a a N� na a S COMMUNITY DECLARATION FOR BAXTER MEADOWS MASTER COMMUNITY o m i • TABLE OF CONTENTS ARTICLE 1 Page SUBMISSION/DEFINED TERMS ....................................:.....................................................2 Section 1.1 Submission of Real Property to the Community Declaration .................... 2 Section 1.2 Purpose and Intent ..................................................................................... 2 0 Section 1.3 Binding Effect ............................................................................................ 2 Section 1.4 Name and Tyne .................................................... .... 3 Section 1.5 Governing Documents ............................................................................... 3 Section1.6 Defined Terms ........................................................................................... 3 ARTICLE 2 THE COMMUNITY ASSOCIATION OPERATIONS ............................................................... 8 Se m ction 2.1 General Purposes and Powers of the Community Association .................. 8 Section 2.2 Deemed Assent.Ratification and Approval .............................................. 8 Section 2.3 Duty of the Board to Exercise Judgment and be Reasonable/Rights of Owners ...................................................................................................... 8 Section 2.4 Community Manager ................................................................................. 9 Section 2.5 Election of the Board of the Community Association ............................... 9 Section 2.6 Declarant's Rightppoint During Period of Declarant Control ........... 9 Section 2.7 Duty to Provide Audit ......................................................I........................ 10 • Section 2.8 Operating Fund ........................................................................................ 10 Section 2.9 Establishment of Other Funds .................................................................. 10 Section 2.10 Authority for Disbursements ................................................................... 10 Section 2.11 Power to Provide Special or Community Services .................................. 10 Section 2.12 Power to Operate and Charge for Facilities and Services ....................... 11 Section 2.13 Bulk Service Agreements ........................................................................ 11 Section 2.14 Right to Notice and Comment ................................................................. 11 Section 2.15 Indemnification ........................................................................................ 11 Section 2.16 Education and Traininiz ........................................................................... 12 ARTICLE 3 MEMBERSHIP,DELEGATE DISTRICTS,VOTING AND ASSESSMENT ALLOCATIONS .................................................................................. ...................... 12 Section3.1 Membership ............................................................................................. 12 Section 3.2 Establishment of and Modification of Delegate Districts ........................ 12 Section 3.3 Voting Rights of Members ...................................................................... 13 Section 3.4 Voting Allocations ................................................................................... 13 Section 3,5 Proxies Of Members .................................................................._............ 14 Section 3.6 Voting Rights of Delegates ........................................................_............ 14 Section 3.7 Manner of Voting by Delegates ....... 14 ........................................................ Section 3.8 Delegates as Advisory Committee. .......................................................... 15 Section.3.9 Assessment Allocations .......................................................................... 15 Section3.10 Re-Allocations. ........................................................................................ 16 I��III IIII�IIII�IIIII Illli IIIII I�Il�il III FIIII IIII IIII 22028200P Shallay Vano■-Gallatin Cc MT M1SC 601.00 � ' ARTICLE UNIT DESCRIPTIONSICOMMON � ...................... ...................... --................ ............................. l6 � 8entioo4.l Identification of Unit Descriptions .......................................................... 16 S*obun42 Common Elements —.—_—.------.—..-.--------....--.---. 17 Section 4.3 Dujy to AccWt Common Elements and-Facilities Transferred by Declarant '--'''-----------------.---.—.—.-----.. 17 Section 4.4 Utijijy,Map and Plat Easements .............................................................. 17 Section4.5 ............................................................ 17 8eudnu4`0 Rights Regarding Recreational Facilities ................................................ 18 Section 4.7 .---...-------`--....-_---.------- 18 � Section 4`8 Liability of Owners for Darnwe —...------.--.-----.--'.—. l9 Section 4.9 Power to Grant Easements —_.---------_.-----_--._—l9 Seubno4.l0 Safejy and Secuiity --.--.....-----.--.---._—.----- l9 ARTICLE 5 ' l9 COMMUNITY AS80CzATIOM .----...--.—_ Secdoo5.l ----_ 19 Section 52 Flexible Aiitborijy of the Board for Communijy Association uea�/tcne -----~--------------'------------'^° Section 5.3 Generally Designated Areas of Maintenance ..........................................2U . Section 54 Additional Services --------.—.------.-------._..—.—'22 Oeo1kunIj Responsibili1y ---.--_---.—...---------_----_—.—.22 -_ ARTICLE 6 COVENANT FOR ASSESSMENTS ........................................................................................Z3 ' Soction0.l Creation of Communijy Association Lien and Personal Obligation to - Pay--.---'—'--------......---.—.----_'--.—_—..23 Section 6.2 Continuiniz Lien .-------.—.---------.-------..—.— 23 0uobwn<l3 No Exemptions, Offsets or Reductions ....................................................23 � Scuduu8.4 ...................................23 8eotioun0.5 Transfer Fees ................................................... 24 800tioun8.6 Assessment Allocations .—_----.—.—.—.--.—'__.—.--'--24 Section0.7 ................................................. 24 Section 0.8 ...........................25 Section 8.9 Sub Association Assessments ~—._----'—.---.—'—__.---25 Seotioo6.\O Special Residential Services Assessments ...............................................26 8oudou 6.11 Commercial Services Assessments .............................................._---- 27 Seodon0.l2 Sub Association Assessments of the Communijy Association -----. 27 Section 6.13 Other Assessments .---.-----.-----...--------------28 Section 6]4 28 0oodoo0.15 .................................................. 28 Section 0.16 —.------------..---------------.--28 ' 202825 Pow nof 83 |0NNNN�U��NU�NNNU�NUNNNUU�NUU�N 09/22/2005 12.00P Shelley wn*&-Gallatin Co wr MIm 601.00 ' � | � ' llllll Illll Illll IIIII III II IIIII illilli 111 lllll IIII IIII 2202825 P Shelley Vance-Gallatin Cc MT MISC 601.00 ARTICLE 7 GENERAL RESTRICTIONS ............................................................................................... 29 Section 7.1 Purposes, Plan of Development; Applicability, Effect ............................ 29 Section 7.2 Cbanizes in Circumstances Anticipated ................................................... 30 Section 7.3 Owner Acknowledgment ......................................................................... 30 Section 7.4. Use Covenants and Restrictions Based on Zoning .................................. 30 Section 7.5 Units to be Maintained ............................................................................. 30 Section 7.6 Architectural Review by the DRB/Required Approval.............................30 Section 7.7 Landscaping Requirements of Owners/Restrictions and Maintenance Covenants ............................:.................................................................... 30 Section 7.8 Subdivision of Units ................................................................................33 Section 7.9 Restrictions on Subordinate Covenants,Maps and Planned Unit Developments on Residential Units ......................................................... 34 Section 7.10 Use of Common Elements ....................................................................... 34 Section 7.11 Restriction on Timesharing,Vacation Clubs and Similar Programs ....... 34 Section 7.12 Right of Owners Re ag rding Rules and Regulations ................................ 35 Section 7.13 Construction Use ........................................................ .. .................. ......... 35 Section 7.14 Reasonable Rights to Develop ................................................................. 35 ARTICLE 8 INSURANCE/CONDEMNATION .........................................................................._............. 35 Section 8.1 Community Association Hazard Insurance on the Common Elements ... 35 • Section 8.2 Community Association Premium Insurance .......................................... 37 Section 8.3 Community Manage Insurance ................................................................ 37 Section 8.4 Waiver of Claims Against Community Association ................................ 37 Section 8.5 Adjustments by the Community Association .......................................... 38 Section 8.6 Condemnation and Hazard Insurance Allocations and Distribution ....... 38 ARTICLE 9 DEVELOPMENT RIGHTS .................................................................................................. 38 Section 9.1 Development Rights and Special Declarant Rights ................................. 38 Section 9.2 Development of the Community-Supplemental Declarations ............41 Section 9.3 No Annexation Required; Contraction of Project Area,Withdrawal of AnnexedProperty ....................................................................................42 Section 9.4 Declarant's Rights to Complete Development of Proiect Area ...............43 ARTICLE 10 GENERALPROVISIONS ....................................................................................................43 Section 10.1 Compliance and Enforcement .................................................... .............43 Section 10.2 Joint Right to Enforce Junior or Subordinate Covenants ........................ 44 Section 10.3 Violations Constitute a Nuisance .............................................................. 45 Section 10.4 Remedies Cumulative ...................... ...... 45 Section 10.5 Severability ..............................................................................................45 Section 10.6 Term of Community Declaration .............................................................45 Section 10.7 Amendment of Community Declaration,Map or Plat by Declarant .......45 Section 10.8 Amendment of Community Declaration by Owners ............................... 46 Section 10.9 Amendment Required by Mortgage Agencies ......................................... 46 Section 10.10 Required Consent of Declarant to Amendment ....................................... 46 4 Section 10.11 Validity of Amendments ....................:.................................... ........... 47 Section 10.12 Interpretation .....:...................................................................................... 47 Section 10.13 No Representations or Warranties ........................................................... 47 Section 10.14 Singular Includes the Plural ....................................:................................ 47 Section10.15 Captions ................................................................................................... 47 Section 10.16 Liberal Interpretation ..................:............................................................ 47 Section 10.17 Governing Law ............................................................................. ..... 47 EXHIBIT A PROPERTY WHICH ONCE OWNED BY DECLARANT MAY BE ADDED TO THE COMMUNITY DECLARATION ............:...................................................................... 49 EXHIBIT B INITIAL REAL PROPERTY .......................................................................................... 50 EXHIBIT C ADDITIONAL PROPERTIES THAT MAY BE ADDED ............................................. 51 Pass, a a20zf 93 I lillll hill Nill II�1��IIII ll�l�I��II�I III��I����I� 09/22/2006 12:000 Shelley Vanae—Gallatin Cc MT MISC 601.00 COMMUNITY DECLARA TION FOR BAXTER MEADOWS MASTER COMMUNITY THIS COMMUNITY DECLARATION FOR BAXTER MEADOWS MASTER COMMUNITY, ("Community Declaration") is made on the date hereinafter set forth by Baxter Meadows West, LLC, a Montana limited liability company, with an address of 3985 Valley Commons Drive, Bozeman,MT 59718 ("Declarant"). RECITALS . A. Declarant expects to and may become the owner of portions of certain real estate in Bozeman(the "City") and/or in the County of Gallatin, State of Montana, which is generally shown by the illustration contained in Exhibit A attached hereto and by reference made a part hereof(the"Project Area"). B. As Declarant becomes the owner of portions of the Project Area, o_afterwards, Declarant anticipates that those portions may be made subject to this Community Declaration, and thereafter be part of the"Real Property"as that term is used in this Community Declaration and as described in Exhibit B of this Community Declaration,as Exhibit B may be amended and supplemented from time to time. C. Declarant may also add, with the consent of the owners or any applicable owner's association,the properties described in Exhibit C to this Community Declaration. D. Declarant desires to create a Master Planned Community on the Real Property under the initial name of`Baxter Meadows Master Planned Community,' in which portions of the Real Property will be designated for separate ownership, with allowed diverse mixed uses, including residential uses, office uses, retail uses, light industrial and related uses, commercial uses, employment uses,education uses and public and private open space uses. E. Declarant,by this Community Declaration,desires: (i) to allow for and encourage the purposes of the development, including residential uses, office uses,retail uses,light industrial and related uses,commercial uses, employment uses, education uses and public and private open space uses; (ii) to allow for and encourage diversity of residential housing and mixed uses within the Community; (iii) to further promote the welfare of the community and its residents, occupants, tenants and guests; Pop I of 52 Master Declaration,FINAL.wpd • I I l 2202825 li�l�l illy IIIII IIIII Ilil�IIII�III�III III I1II�'IIII I II Pass:21205 012 0 i00P Shelley Vance-Gallatin Co MT MISC 601.00 (iv) to provide for the maintenance, repair, improvement and replacement of the Common Elements and to provide services as set forth in this Community Declaration and various budgets of the Community Association; (v) to provide for the implementation of the powers and duties of the Board as set forth in this Community Declaration and the other Governing Documents of the Community; and (vi) to implement the purposes of the Community Association as provided for in this Community Declaration and as provided for in any of the other Governing Documents of the Community. G. Declarant desires to provide for the development of the Project Area to achieve these stated general purposes, and to allow the Community to undertake and continue these stated purposes as integral and fundamental aspects of the Community. H. Declarant has caused the `Baxter Meadows Master Community Association," a Montana nonprofit corporation, to be incorporated under the laws of the State of Montana, as a master owners' association, for the purpose of exercising the functions set forth in this Community Declaration. Now, therefore,Declarant declares as follows: ARTICLE 1 • SUBMISSIONIDEFINED TERMS Section 1.1 Submission of Real Property to the Community Declaration The Declarant hereby submits the property described in Exhibit B, and such additional property as may be subsequently added(the" . Real Property") to the terms and conditions of this Community Declaration. This Community is not subject to M.C.A. 70-23-101. Section 1.2 Purpose and Intent . Declarant declares that this Community Declaration is made for the purposes set forth in the recitals of this Community Declaration. Declarant intends that this Community Declaration establish a general plan for the development of the Community. This Community Declaration is intended to and provides a flexible and reasonable procedure for the future expansion of the Community and provides for its overall development, administration, maintenance and preservation. An integral part of the development plan is the creation and operation of the Community Association to own, operate and maintain various Common Elements and community improvements, and to administer and enforce this Community Declaration and the other Governing Documents referenced in this Community Declaration, Section 1.3 Bindiniz_Effect. Declarant hereby declares that all of the Real Property shall be held, sold, and conveyed subject to the easements,restrictions, covenants and conditions of this Community Declaration except such portions of the Real Property as are a part of or are Page 2 of 52 Master Declaration,FINAL.wpd ffII{{II IItIItJJII ,,'u'p++II 22028250 09122/2006 82:00P Shelley Van0O-Ga11atin Co MT MISC 601.00 subsequently dedicated as right-of-way, public street,road or highway or dedicated as and used as a public park. Portions of Real Property once subject to this Community Declaration that become exempt upon dedication as a right-of-way, public street, road or highway, or dedicated as and used as a public park, shall, upon vacation of all or any part of the dedication, then again be subject to this Community Declaration,to the extent of such vacation. Declarant declares that this Community Declaration shall run with the Real Property and shall be binding on all parties having any right, title or interest in the Real Property or any part thereof, their heirs, legal representatives, successors,and assigns and shall inure to the benefit of each Owner thereof. Section 1.4 Name and Type The .type of Community is a Master, Planned Community, The Community may be located.both in the City and/or in Gallatin County, State of Montana. The name of the Community is `Baxter Meadows Master Community. Section 1.5 Governing Documents. The Community's Governing Documents consist of the following, as they may be amended: (a)Articles; (b)Bylaws;(c) Community Declaration; (d) plats, maps (as those terms are defined in this Community Declaration) and deeds, as appropriate; (e) Supplemental Declarations; (f) Rules and Regulations; and (g) Board Resolutions. Portions of the Real Property within the Community may be subject to additional covenants,restrictions and easements, which a Sub Association may administer. In such case, if there is a conflict between or among the Governing Documents and any such additional • covenants or restrictions, or the governing documents or policies of any such Sub Association, the Governing Documents shall control. Nothing in this Section shall preclude any Supplemental Declaration or other recorded covenants applicable to any portion of the Community from containing additional restrictions or provisions which are more restrictive than the provisions of this Community Declaration and,in such case,the more restrictive shall control. Section 1.6 Defined Terms. Each capitalized term in this Community Declaration or in the plats or maps shall have the meaning 'specified unless otherwise defined in this Community Declaration or in a plat or map, or unless the context requires otherwise, all as set forth below: 1. "Allocated Interests" shall mean the applicable Assessment liability and also the votes in the Community Association allocated in this Community Declaration,as a--lowed for in the Act. 2. "Alternate Delegate " shall mean the person selected by the Owners in a Delegate District to represent the Delegate District and cast votes in the instance where the elected Delegate has resigned or has become ineligible to serve as the Delegate. 3. "Articles" shall mean the Articles of Incorporation for the Baxter Meadows Community Association,Inc.,as may be amended from time to time. Page]of 52 Master Declaration,FINAL.wpd • I IIIIII Illli IIIII IIIII IIIII IIIII IIIIIII Il!IIIII IIII IIII 22028230P Shelley Vanoa-Gallatin Cc MT MI6C 601.00 • 4. "Assessment(s)" shall mean a Community Wide Services Assessment, a Residential Services and/or Recreational Assessment, the Assessment, the Commercial Services Assessment, the Working Fund and any other assessment as allowed or provided for by this Community Declaration or the Act. 5. "Board" or" Executive Board" shall mean the body designated in this Community Declaration to act on behalf of the Community Association. 6. "Builder" shall mean a home builder, general contractor or other party, which may also be an Owner, other than the Declarant, who acquires one or more Units without Improvements of a home, office building or commercial building constructed thereon for the purpose of constructing the initial Improvements upon the Unit or for the purpose of reselling or renting to a third party or third parties, or who purchases one or more parcels of land in the Community for further subdivision, development, and/or resale in the ordinary course of its business. 7. "Bylaws" shall mean the Bylaws adopted by the Community Association, as may amended from time to time. 8. "City"means City of Bozeman, Montana. 9. "Commercial Services Assessment(s) " shall mean an Assessment for expenditures made or liabilities incurred by or on behalf of the Community Association for any special or unique services offered to, requested by a Commercial Unit Owner or group of Commercial Unit Owners, or as otherwise made available by the Community Association, including operational expenses, maintenance, repair, replacement and • improvement, together with an allocation for reserves, and including late charges, attorney fees, fines,collection costs, and interest charged by the Community Association. 10. "Commercial Units" shall mean and include each separately owned Unit that may be used for commercial purposes.. 11. "Common Land and Facilities " shall mean the Real Property within this Community owned by or leased by the Community Association, including easements, if any, other than a Unit,which Real Property may be designated in recorded plats,maps and/or deeds. 12. "Community" means the Master Planned Community created by this Community Declaration. 13. ."Community Association"or" Association" shall mean the Baxter Meadows Master Community Association, Inc., a Montana nonprofit corporation. 14. "Community Declaration"shall mean this Community Declaration for Baxter Meadows Master Community,as amended and supplemented from time to time. j 15. "Community Manager" shall mean any one (1) or more persons or companies engaged or employed by the Community Association to perform any of the duties, powers or functions of the Community Association. 16. "Community Wide Services Assessment(s) " shall mean an assessment for common expenses, incurred by or on behalf of the Community Association for the annual costs of Page 4 of 52 Master Declaration,FRQAL.wpd 2202825 • 111111111111111I111111111111111111111111111111111111111 09 22�Z005 e2:00P Shelley Vanoo-Gallatin Co MT MISC 601.00 • operating the Community Association, together with an allocation for reserves, and including the late charges,attorney fees,fines, collection costs and interest charged by the Community Association. 17. "Declarant" shall mean the Declarant named in this Community Declaration, and any successor and/or assignee designated by written notice or assignment executed by the then Declarant and executed by the transferee and recorded to the extent any rights or powers reserved to Declarant are transferred or assigned to that party. 18. "Delegate" shall mean the natural persons selected by Members within a Delegate District to represent a Delegate District and to cast votes on behalf of Members within a Delegate District as provided in this Community Declaration. 19. "Delegate District" shall mean a geographical area which may constitute any portion or portions of the Real Property and from which all Members in that geographic area shall elect a single Delegate to represent their collective voting power. Parts of a Delegate District need not be contiguous. 20. "Design Review Board" (DRB) shall be the committee appointed by the Declarant, as allowed for in this Declation,subject to the terms of this Declaration. 21. "Development Rights" or "Special Declarant Rights" shall mean those rights set forth in this Community Declaration and those rights set forth in the Act. 22. "Dwelling Unit" shall mean and include any portion of the Improvements on a Unit . improved to allow separate occupancy for primarily residential use. 23. "Governing Documents" shall mean those documents listed in the applicable section of this Community Declaration, as they may be amended from time to time. 24. "Improvement(s)" shall mean structures or improvements of any kind installed upon a Unit. 25. "Limited Common Elements" shall mean those portions of the Common Elements, if any, designated by Declarant for the exclusive use of one (1) or more but fewer than all of the Units. 26, "Member" shall mean the person, or if more than one, all persons collectively, who constitute the Owner of a Unit, as more fully provided for in the Articles and Bylaws. 27. "Membership" shall mean the rights and obligations associated with being a Member. 28, "Operating Fund" shall mean the account into which the Board shall deposit monies paid to the Community Association from the Working Fund and any portions of the Community Wide Services.Assessment as determined by the Board. 29. "Sub Association" shall mean any unit owners' association organized and established or authorized pursuant to this Community Declaration and a Supplemental Declaration, the membership of which is composed of Owners of Units within that portion of the Real Property covered by a Supplemental Declaration Page 5 of 52 Master Declaration,FINAL."d IIIIIIIIIIIIIIllll111111111111111111111111111111111111109�®28200P Shelley Vance-Gallatin Cc MT MISC 601.00 30. "Sub Association Assessments)"shall mean an Assessment for expenditures made or liabilities incurred by or on behalf of Sub Association,as provided for in this Community Declaration, and also as an option in lieu of a separate assessment by a Sub Association, including late charges, attorney fees,.fines, collection fees and.interest charged by the Community Association. 31. "Sub Association Service Assessment(s)" shall mean expenditures made or liabilities incurred by or on behalf of the Community Association for services only to a particular Sub Association of the Community, such as for a or a Limited Common Element, together with an allocation for reserves, and including late charges, attorney fees, fines , collection fees and interest charged by the Community Association. 32. "Period of Declarant Control" shall mean the period of time commencing on the date of recordation of this Community Declaration and expiring on the earlier of twenty (20) years thereafter, or sixty (60) days after conveyance or creation of seventy-five percent (75%) of the Units that may be created by Owners other than Declarant, or six (6) years after the last conveyance of a Unit by the Declarant in the ordinary course of business; provided, however, that if the Period of Declarant Control has not terminated pursuant to the foregoing provisions, the Period of Declarant Control shall in any case terminate on the date upon which all.property in the Project Area has become a part of the Community and the last Unit within the Community has been conveyed by the Declarant. Should it choose to do so, Declarant may relinquish declarant control sooner than required under this provision and such relinquishment shall be in writing. 33. "Project Area"shall initially mean all of the real estate generally described, shown and • depicted by the illustration contained in Exhibit A attached hereto. The Project Area shall ialso include any additional lands as may later become subject to Declarant's.rights of annexation, as allowed for in this Community Declaration. 34. "Real Property" (or "real estate") shall mean the property described in Exhibit B, and such additional property as subsequently may be added, pursuant to the expansion rights reserved in this Community Declaration, together with all easements, rights, and appurtenances thereto and the buildings and Improvements erected or to be erected thereon. Easements and licenses to which the Common Interest Community is initially subject to are to be set forth, as applicable, in Exhibit B. 35. "Recreational Facilities" shall mean one (1) or more recreational improvements on a portion or portions of the Common Elements, which, if limited to use by less than all Members, shall be deemed a Limited Common Element. . 36. "Residential Services and/or Recreational Assessment(s) " shall mean an Assessment for expenditures made or liabilities incurred by or on behalf of the Community Association for operating, maintaining, repairing, replacing and improving Recreational Facilities , together with an allocation for reserves, and including late charges, attorney fees, collection fees, fines and interest charged by the Community Association. Page 6 or 52 Master Declaration,FINAL.wpd llI II I I lI ` page: il of 83 2202825 I I���II I��II IIIII lltl���I�Ilfll�It�I�I I�I IIIIII�II VI�I 091221200E 12100P Malley Vancs-Gallatin Cc Nr MtSC 691.00 • 37. "Residential Units" shall mean and include any Unit or lot primarily intended or zoned for residential uses, including, Units where any residential condominium units have the right to be created or have been created; Units where apartments have the right to be created or have been created; and Units where a single family home or other property for individual occupancy has the right to be created or has been created. 38. "Rules and Regulations" means all rules, regulations, procedures and any Renovation and Remodeling Criteria, as the same may be adopted and amended from time to time by the Board,pursuant to this Community Declaration. 39. "Special Residential Services Assessment(s)" shall mean an Assessment for expenditures made or liabilities incurred by or on behalf of the Community Association for any special or unique services offered to, or requested by a Unit Owner or otherwise made available by the Community Association, including operational expenses, maintenance, repair, replacement and improvement, together with an allocation for reserves, and including late charges, attorney fees, collection fees, fines and interest charged by the Community Association. 40. "Supplemental Declaration" shall mean a written recorded instrument containing covenants,conditions,restrictions,reservations, easements or equitable servitudes, or any combination thereof, which affects any portion, but not all, of the Real Property, which has been approved, in writing, by the Declarant, or if this approval right is assigned by Declarant,then is approved by Declarant's assignee. • 41. "Unit" shall mean a physical portion of the Community, designated for separate ownership, shown as a condominium unit, or lot or described as a separate parcel or separately deeded; or assessment or voting equivalent, as appropriate and applicable in the context. The definition "Unit" is not the same as the definition of"Unit" in M.C.A. 70-23-102(14). 42. "Unit Owner"or"Owner"shall mean any person or entity that owns a Unit. 43. "Units That May Be Created" shall mean the grand total of eight thousand (8,000) Units,consisting of up to: (i) three thousand(3,000)individually owned Residential Units; (ii) one thousand.(1,000)unit equivalents(for Residential Units used as a part of residential building or buildings devoted to apartments or multifamily rental use), on the basis of one (1) unit equivalent for every five (5) Dwelling Units, with the maximum number of rental Dwelling Units of five thousand(5,000)divided by 5= 1,000; (iii) three thousand (3,000) unit equivalents, based on use for commercial, industrial,office or for public or private recreation use, on the basis of one (1)unit equivalent for every 2,000 square foot increment of 6e maximum allowed square footage of twelve million (6,000,000) divided by 2,000 square feet=3,000; Page 7 of 52 Master Declaration,FINAL.nd • 1 IIIIII 11111 IIIII Illil IIIII IIIII Illllli 111 IIIII III IIII � @2$ gP Shelley Vanas-daliatin Cc HT MISC E01.00 (iv) one thousand(1,000)for Units or unit equivalents, allocated to any one of the above uses or to other uses. The grand total, above provided, shall be the maximum number of Units that may be subject to this Community Declaration if all of the Project Area becomes a part of the Community. The aforesaid number of Units That May Be Created is not, however, a representation or guaranty by Declarant as to the actual number of Units that will ultimately be included in or constructed as part of the Community. 44. "Working Fund" shall mean an Assessment for the Association's operating capital, as allowed for in this Community Declaration. ARTICLE 2 THE COMMUNITY ASSOCIATION OPERATIONS Section 2.1 General Purposes and Powers of the Community Association. (a) The Community Association,acting through the Board,shall: (i) perform functions and manage the Community as provided for in the Governing Documents,to meet the purposes of this Community Declaration,and (ii) manage any other Sub Associations as may subsequently be created within the Community, as and if provided for in the. Supplemental Declaration for that Sub Association,all as allowed for in this Community Declaration. • (b) The Community Association shall also have all power necessary or desirable to effectuate its purposes as an owners' .association as provided for in this Community Declaration. Section 2.2 Deemed Assent,Ratification and Approval . All Owners,occupants and residents in the Community shall be deemed to have assented to, ratified and approved the general purposes of this Community Declaration and the power, authority, management responsibility and designation of the Community Association, acting through the Board as allowed for in this Community Declaration. I Section 2.3 Duty of the Board to Exercise Juds?rrlent and be Reasonable/Rip_hts of Owners, In furtherance of the purposes of this Community Declaration, the Owners shall have the right and.benefit of the administration of the Community by the Board, with the Board required to exercise judgment and reasonableness on behalf of the Community Association and Owners. Page 8 or 52 Master Declaration,FINAL."d i IIIIII Ilill IIIII IIIII IIIII illll Illllif III IIIIII III IIII 220 3of3 • Shelley Vance-Gallatin Cc MT M1SC 601.00 Section 2.4 Community Manager . The Board may, by written resolution,delegate authority to a Community Manager, provided no delegation shall relieve the Board of final responsibility. Section 2.5 Election of the Board of the Community Association . The Board shall be elected by Delegates representing Delegate Districts within the Community, provided, however, that the Declarant shall have the sole right to appoint all or certain of the members of the Board as allowed for in this Community Declaration. Delegates shall be elected by Owners within each Delegate District, acting in their capacity as Members of the Community Association. Section 2.6 Declarant's Right t, to Appoint During Period of Declarant Control. (a) During the Period of Declarant Control, the Declarant's appointment rights are subject to the following: (i) From and after the date of recordation of this Community Declaration until the date that is sixty (60) days after the date of conveyance by Declarant or creation by Declarant and others of twenty- five percent (25%) of the Units that May Be Created are -.onveyed to Owners other than Declarant, or are created, Declarant may appoint and remove all members of the Board. • (ii) From and after the date which is sixty (60) days after the date of conveyance by Declarant or creation by Declarant and others of twenty- five percent (25%) of the Units That May Be Created are conveyed to Owners other than Declarant, or are created, until the date that is sixty (60) days after the date of conveyance by Declarant or creation by Declarant and others of fifty percent (50%) of the Units That May Be Created are conveyed to Owners other than Declarant, or are:created, the Owners other than Declarant (acting through their Delegates) shall have the right to elect a number of the members of the Board equal to the greater of one (1) or twenty-five percent (25%) (rounded to the nearest whole number) of the total number of the members of the Board, and the Declarant may continue to appoint and remove all other members of the Board. (iii) From and after the date which is sixty (60) days after the date of conveyance by Declarant or creation by Declarant and others of fifty percent (50%) of the Units That May Be Created are conveyed to Owners other than Declarant until the date of termination of the Period of Declarant Control, the Owners other than the Declarant (acting through their Delegates) shall have the right to elect a number of the members of the Board equal to one (1) or thirty-three percent (33%) (rounded to the nearest whole number) of the total number of members of the Board, and Page 9 of 52 Master Declaration,FINAL.wpd • Illlilllllllllllllllllllllllllllllllillllllilllllllllll 220?8?00P Shelley Vance-Gallatin Cc MT MISC 601.00 the Declarant may continue to appoint and remove all other members of the Board. From and after termination of the Period of Declarant Control, the Owners (acting through their Delegates), including Declarant (if Declarant is then an Owner), shall elect a Board of at least three (3) members, at least a majority of whom must be Owners other than Declarant or designated representatives of Owners other than Declarant. (b) The Declarant may voluntarily surrender any or all of the foregoing rights to appoint and remove officers and members of the Board before termination of the Period of Declarant Control. In that event, the Declarant may require, for the duration of the Period of Declarant Control, that specified actions of the Board, as described in a recorded instrument executed by the Declarant, be approved by the Declarant before they become effective. Section 2.7 Duty to Provide Audit or Financial Review The Community Association shall provide for an annual independent audit or financial review of the accounts of the Community Association. Copies of the audit or review shall be made available to any Owner,on request, for a reasonable fee for the cost of copying the audit. Section 2.8 Operating Fund. The Board shall establish a fund(the"Operating" Fund") into which shall be deposited monies for maintenance, repair, replacement and .. improvement of the Common Elements. Section 2.9 Establishment of Other Funds. The Community Association may establish other funds as and when needed and nothing herein shall limit, preclude or impair the authority of the Community Association to establish other funds for specified purposes authorized by this Community Declaration. If the Community Association establishes any additional funds, the Board shall designate an appropriate title for the fund to distinguish it from the other funds maintained by the Community Association. Section 2.10 Authorily for Disbursements. The Board shall have the authority to make or to authorize an agent to make disbursements of any monies in the Operating Fund or other funds that may be established pursuant to this Community Declaration. Section 2.11 Power to Provide Special or Community Services The Community Association shall have the power to provide services or offer community events to one (1) or more, but less than all, Owners. Any such service or services may also be provided pursuant to an agreement in writing, or through one or more Supplemental Declarations. Any such Supplemental Declaration or agreement may provide for payment to the Community Association Page 10 of 52 Master DeelawtionJ NAL.wpd Iillll IIIII IIIII IIIII IIIII INII illlll!III IIIIII III IIII ?z0?Sz . Shelley Vance-Gallatin Co M? M1SC 601.00 . by such Owner or Owners of the costs and expenses that the Community Association incurs in providing such services, including a fair share of the overhead expenses of the Community Association. In addition, any such Supplemental Declaration or agreement shall contain provisions assuring that the obligation to pay for such services shall be binding upon any heirs, personal representatives, successors and assigns of the Owner and that the payment for such services shall be secured by a lien on the Unit of such Owners and may be collected in the same manner as an Assessment, or, if the written agreement so provides, in installments as part of the Community Wide Services Assessment. Section 2.12 Power to Operate and Charse for Facilities and Services. The Community Association shall have the power to acquire, create, own and operate any and all such facilities and services as it deems appropriate, and to establish charges for the use of facilities and services. The charges may include admission, rental or other fees and charges for any use of property, facilities or services of the Community Association. Such charges or fees shall be as determined from time to time by the Board. Section 2.13 Bulk Service Agreements . The Community Association shall have the power and authority to enter into bulk service agreements for such terms and rates as it deems appropriate in order to provide the Owners with any of the following services: cable television, community satellite television, electronic entertainment,information or communication services, • or any other service the Community Association believes to be in the best interests of the Owners. If such a bulk service agreement.is executed,the costs shall be allocated as a part of the Community Wide Services Assessment. Section 2.14 Right to Notice and Comment . Under circumstances as set forth in this Community Declaration, where the Community Declaration require that an action be taken after `Notice and Comment,' and at any other time the Board determines;the Owners have the right to receive notice of the proposed action and the right to comment orally or in writing. Section 2.15 Indemnification. To the full extent permitted by law, each officer and director of the Community Association shall be and is hereby indemnified by the Community Association against all expenses and liabilities, including attorney fees, reasonably incurred by or imposed upon such officer or director in any proceeding to which he or she may be a party, or in which he or she may become involved, by reason of being or having been an officer or director of the Community Association, or any settlements thereof,whether or not he or she is an officer or director of the Community Association at the time such expenses are incurred. This indemnification shall not apply in cases where an officer or director is adjudged guilty of willful misfeasance or malfeasance in the performance of his or her duties. In the event of a settlement, the indemnification provided for in this Community Declaration shall apply only when the Board approves such settlement and reimbursement as being in the best interests of the Community Association. Pogo t i of 52 Master Declaration,FINAL.wpd i 1 III Pavel 2202825 I IIIIII III�I IIIII I�III IIIII IIIII IIII1II III IIIIII I I�I 0912212006 12900a Shalley Vanom-Gallatin Co MT MIeC 501.00 Section 2.16 Education and Training_. As a Common Expense, the Community Association may provide education and training opportunities, including providing funding and permitting facilities use for such purposes. The Community Association may provide education and training activities as a tool for fostering Owner, resident and occupant awareness of governance, operations and concerns of the Community and of the Community Association. Appropriate educational topics include dispute or conflict resolution, issues involving the Governing Documents, and education or topics benefitting or contributing to operation or governance of the Community. The Community Association shall also fund, as a Common Expense, and support the education and training required for officers and directors. ARTICLE 3 MEMBERSHIP,DELEGATE DISTRICTS,VOTING AND ASSESSMENT ALLOCATIONS Section 3.1 Membership. Every person who is a record Owner of a fee interest in any Unit which is subject to this Community Declaration shall be a Member of the Community Association. There shall be one (1) Membership in the Community Association.for each Unit within the Community. The person or persons who constitute the Owner shall automatically be the holder of the Membership appurtenant to the Owner's Unit, and the Membership shall automatically pass with fee simple title to the Unit. Membership shall be appurtenant to and may not be separated from ownership of any Unit. Ownership of a Unit shall be the sole qualification for Membership. Where more than one(1)person holds an interest in any Unit, all • those persons shall be Members. No Owner, whether one (1) or more persons, shall have more than one (1) Membership per Unit owned, but all persons owning each Unit shall be entitled to rights of Membership and use of enjoyment appurtenant to ownership. The Articles of [ncorporation and Bylaws of the Community Association may set forth classifications of Membership. Section 3.2 Establishment of and Modification of Delegate Districts. The Community shall be divided into.Delegate Districts based on Sub Associations created or as otherwise determined by Declarant, and each Delegate District shall elect one (1) Delegate to the Community Association to exercise voting power of all of the Members in a Delegate District. The initial Delegate District(s) is/are established in this Community Declaration. Subsequent Delegate Districts shall be established by Supplemental Declarations. So long as it has the right to subject additional property to this Community Declaration, Declarant may unilaterally amend this Community Declaration or any Supplemental Declaration to re-designate Delegate District boundaries. However, two (2) or more existing Districts shall not be combined without the consent of Owners of a majority of the Units in the affected Districts. Page 12 of 52 Master Declaration,FINAL.wpd lII `I ` f l 1I ipage: 17` I 2202825 f11111 E 1111 09122/2005r 12300P* Shelley Vance-Callalin Co MT NBC 901.00. I Section 3.3 Voting Rights of Members. (a) Generally. Each Member shall: (i) have the right to cast votes for the election of the Delegate to the Community Association (to exercise the voting power of the Delegate District in which the Member's Unit is located); and (ii) have such other voting rights as provided for in this Community Declaration. Except as expressly provided in this Section and in this Community Declaration,no other voting rights are created by this Community Declaration. (b) Delegates. The Delegate from the Delegate District shall be elected by Members holding a majority of the voting power in a Delegate District present or in person or by proxy at a duly constituted meeting of a Delegate District. (c) Bylaws. Unless otherwise addressed in this Community Declaration or the . Articles of Incorporation, the Bylaws shall provide the manner, time, place, conduct and voting procedures for Member meetings for the purpose of electing a Delegate or other purposes in any Delegate District. (d) No Fractionalized Voting. Vote(s) allocated to any Unit must be cast as a block and without dividing or fractionalizing such vote or votes. (e) Declarant Control. During the Period of Declarant Control, the Declarant shall have the right to appoint members of the Board as allowed by this Community • Declaration and as allowed for by the Act. Section 3.4 Voting Allocations. (a) Residential Use - Individually owned Units. If a Unit is used for single family, duplex, triplex, townhouse, or other multifamily residential dwellings and the. Unit is individually owned, the vote attributable to a Unit shall be one(1)vote for each Dwelling Unit. (b) Residential Use-Apartments and Rentals. If a Unit is used as a part of residential building or buildings devoted to apartments or multifamily rental use, the vote attributable to such Unit shall be one(1)vote for every five(5)Dwelling Units. (c) Commercial,Office and Other Uses. If a Unit is used for commercial, retail, light industrial, office or for public or private recreation use,regardless of the size of the Unit, the vote attributable to such Unit shall be one (1) vote for each 2,000 square foot increment of floor area within the building(s) or Improvements on that Unit. The calculation of floor area of a building or of the Improvements shall be the gross floor area of all floor(s) of the building(s)measured from the exterior of the structure, including any basement area, but excluding floor areas not comprising a full 2,000 square feet increment, shall not receive a proration or fractional vote. The Board may require as built plans to be filed with the Community Association and may promulgate written standards for fairly and uniformly calculating the floor area for purposes of this Section. Pagc I)of 52 Master Declaration,FINAL.wpd 11111111111111111111111111111111 IiIN111111111111111111220?8zCOP Shelley Vance-Gallatin Co MT MI60 601.00 (d) Allocations Prior to Use and Other Units or Other Uses. For all Units not allocated votes above, based on use, including any Unit comprised entirely of vacant land, regardless of zoning classification or anticipated use, the vote attributable to such Unit shall be one(1)vote per Unit. Section 3.5 Proxies Of Members. Votes allocated to a Unit may be cast pursuant to a proxy duly executed by an Owner. If a Unit is owned by more than one (1)person, any one (1) co-Owner of the Unit may vote the vote of that Unit or register a protest to the casting of the vote of that Unit by the other co-Owners of the Unit through a duly executed proxy. An Owner may not revoke a proxy given pursuant to this Section except by actual notice of revocation to the person presiding over a meeting of the Community Association. Owners within Sub Associations or any designated subareas or parcels may, and are encouraged to, appoint a single Delegate or entity to hold and exercise proxies for all such Owners. Section 3.6 Voting Rights of Delegates. Each Delegate shall have one(1)vote for each vote that could be cast by Members voting to elect a Delegate for such Delegate District. A Delegate may cast votes with respect to a Unit within such Delegate District only during such periods as the Owner of such Unit is entitled to cast votes for the election of a Delegate as provided in this Community Declaration or in any Supplemental Declaration as applicable. i Section 3.7 Manner of Voting,by Delegates. Each Delegate may cast the votes that he or she represents in such manner as the Delegate, in his or her sole discretion, deems appropriate,acting on behalf of all the Members owning Units in the Delegate District;provided, however, that in the event that at least a majority in interest of the Owners in any Delegate District present in person or by proxy at a duly constituted meeting of such Delegate District shall determine at such meeting to instruct their Delegate as to the manner in which he or she is to vote on any issue, then the Delegate representing such Delegate District shall cast all of the voting power in such Delegate District in the same proportion, as nearly as possible without counting fractional votes, as the Owners of such Delegate District shall have cast their votes "for" or"against" such issue in person or by proxy. A Delegate shall have the authority, in his or her sole discretion, to call a special meeting of the Members of the Delegate's Delegate District in the manner provided in the Bylaws, for the purpose of obtaining instructions as to the manner in which to vote on any issue to be voted on by the Delegates. When a Delegate is voting without the instruction from the Members represented by such Delegate, then all of the votes may be cast as a block or unit, or the Delegate may apportion some of such votes in favor of a given proposition and some of such votes in opposition to such proposition. It will be presumed for all purposes of Community Association business that any Delegate casting votes will have acted with the authority and consent of all the Members of the Delegate District of such Delegate. All agreements and determinations lawfully made by the Community Page 14 of 52. Master Declaration,FINAL.ivpd I IIIII IIIII IIII�IIIII I�II�IIIII I��IIII II����II�I�I I II 2202825 Shelley Vance—Callatln Co MT MISC 601.00 i Association in accordance with the voting procedures established herein, and in the Bylaws, shall be binding on all Members,and their successors and assigns. Section 3.8 Delegates as Advisory Committee . The Delegates may act as an advisory committee to the Board and may give the Board advice (which shall not be binding on the Board),as follows or on the following matters: (a) Special events and community programs; (b) Community Wide Services Assessments and the services funded through the Community Wide Services Assessment; (c) By Delegate Districts involved with any of the following;provided,however that as to each of the following, the Board may require that only those Delegates with Districts that are subject to any one of these Assessments may be involved in an advisory capacity to the Board: (i) Residential-Services and/or Recreational Assessments; (ii) Sub Association Assessments; (iii) Special Residential Services Assessments; (iv) Commercial Services Assessments; . (v) Sub Association Assessments of the Community Association; (d) Other operations or aspects of the Community as requested by the Board,and (e) Other operations or aspects of the Community as requested by a majority of Delegates and approved by the Board. Section 3.9 Assessment Allocations. Assessments are allocated as follows: (a) Community Wide Services Assessments., Community Wide Services Assessment allocations are based on the percentage number obtained by dividing the vote or votes allocated to a Unit by the total number of votes allocated to all Units within the Community, as votes are allocated as specified in this Community Declaration. (b) Residential Services and/or Recreational Assessments Residential Services and/or Recreational Expenses shall be allocated to all Residential Units, based on an equal assessment on each Dwelling Unit, except as may otherwise be provided for in this Community Declaration or in a Supplemental Declaration or an amendment to this Community Declaration. (c) Sub Associations Assessments. Sub Associations Assessments shall be allocated and assessed based on an equal assessment on each Dwelling Unit for Residential Units, Page 15 of 52 Master Declaration,FINAL.wpd • I1!lIIIlIIIIIilIIIIIII1111lIIIIlIlIIlIIIII!lIIII ? �2825 l l�llll Shelley Vance-Callatln Co MT MISC 801.00 09/22/2008 12.00P or voting allocation as to Commercial Units, as appropriate, if applicable, against only those Units that are subject to that Sub Association Assessment, whether by virtue of the terms of this Community Declaration, by virtue of a recorded Supplemental Declaration or by virtue:of an amendment to this Community Declaration. (d) Special Residential Services Assessments Special Residential Services Assessments shall be allocated and assessed based on an equal assessment on each Dwelling Unit for either all Residential Units or those Residential Units to be assessed. (e) Commercial Services Assessments. Commercial Services Assessments shall be allocated and assessed based on an equal assessment on each Commercial Unit, by vote, or for a group of Commercial votes, as allowed for in the Section enabling this particular assessment. (f) Sub Associations . The liability for Community Wide Services Assessments and/or Residential Services and/or Recreational Assessments attributable to all.Units in a Sub Association may be assessed against the Sub Association,if any; or in the absence of an operating Sub Association for Units included in the Community, then to the Owner. Sub Associations shall allocate the Community Wide Services Assessments and/or Residential Services and/or Recreational Assessments and assess the Units in the Sub Association pursuant to the allocations set forth in the Sub Association's Declaration,the Sub Association's Articles of Incorporation, the Sub Association's Bylaws or other governing documents. (g) Working Fund Assessments, Working Fund Assessments shall be allocated as • provided in this Community Declaration. (h) Other Assessments . Other Assessments provided for in this Community Declaration shall be allocated as provided for in this Community Declaration. Section 3.10 Re-Allocations. When Units are added to or withdrawn from the Community,pursuant to the provisions of this Community Declaration and the Act, the formulas set forth above shall be used to reallocate the Allocated Interests. ARTICLE 4 UNIT DESCRIPTIONS/COMMON ELEMENTs/EASEMENTS Section 4.1 Identification of Unit Descriptions. The identification of each Unit is to be shown on an applicable plat, maps or deed for properties included in the Community.. Every contract for sale, deed, lease, Security Interest, will or other legal instrument may legally describe a Unit by any identifying number established by a plat or map,with reference to the plat or map, and the Community Declaration, followed by the name of the Community. Reference to Page 16 of 52 Master Declaration,FINAL.wpd II 1II ii II IIIIIIpage: 21 of 2202825 �IIIII���II III�I1NII��III�IIII II�IIII II1 IIIIII�11 09/22/2005 12300P Shelley Vanc"allatln Co MT MISC 601.00 the Community Declaration, plat or map in any instrument shall be deemed to include any supplement(s) or amendment(s) to the Community Declaration, map or plat, without specific references thereto. Section 4.2 Common Elements . The Declarant is not obligated to construct any particular type or kind or area of Common Elements. The Declarant may construct Common Elements for office or other use by the Community Association, for recreational use by all or some portion of the Owners (provided those with a right to use shall have an obligation to fund the ongoing maintenance, repair, replacement and improvement of any recreational facilities limited to use by less than all Owners and provided that if rights to use are limited to less than all Owners, that Common Element shall then be a Limited Common Element) and such other facilities as Declarant may determine. Section 4.3 Duty to Accept Common Elements and Facilities Transferred by Declarant. The Community Association shall accept any Common Elements or property, including any Improvements thereon, and .personal property transferred to the Community Association by Declarant and equipment related thereto, together with the responsibility to perform any and all functions associated therewith,provided that such property and functions are not inconsistent with the terms of this Community Declaration. Any property or interest in property transferred to the Community Association by Declarant shall, except to the extent otherwise specifically approved by resolution of the Board, be transferred to the Community Association free and clear of all liens (other than the lien of property taxes and Assessments not then due and payable), but shall be subject to the terms of this Community Declaration and any Supplemental Declaration applicable thereto. The improvements on the Common Elements may be changed from time to time by the Board. Portions of the Common Elements may be designated by Declarant as a part of a Unit or as a Limited Common Element to a Unit. Portions of Units not yet conveyed by Declarant to a third party owner may become Common Elements or Limited Common Elements, pursuant to rights reserved elsewhere in this Community Declaration. Section 4.4 Utility.Map and Plat Easements Easements for utilities and other purposes over and across the Units and Common Elements may be as shown upon a recorded plat, map or separate document and as may be established pursuant to the provisions of this Community Declaration, or granted by authority reserved in any recorded document.. Section 4.5 Owners'Easements of Enjoyment . Every Owner shall have a right and easement for access to his or her Unit and of enjoyment in and to any Common Elements and such easement shall be appurtenant to and shall pass with the title to every Unit, subject to the following provisions: Page 17 of 52 Master Declaration,FINAL.wpd 1111111 IIIII IIIII NIII IIIII IIIII IIIIIII III IIIIIII 11111122028MO W Shelley Vanoa-Gallatin Cc MT MISC 601,00 (a) this Community Declaration and the,other Governing Documents; (b) any restriction contained in any deeds of Common Elements to the Community Association; (c) the right of the Community Association to regulate use and enjoyment; (d), the right of the Community Association to promulgate and publish Rules and Regulations, subject to limitations included in this Community Declaration, which Owners shall strictly comply with; (e) the right of the Community Association to suspend rights to use recreational facilities for any period during which any Residential Services and/or Recreational Assessment against such Owner's Unit remains unpaid; (f) the right of the Board to impose reasonable membership requirements and charge reasonable membership admission or other fees for the use of any recreational facility situated upon the Common Elements and the right of the Board to permit use of any recreational facilities situated on the Common Elements by persons other than Owners, their families, lessees and guests upon payment of use fees established by the Board; (g) the right of the Community Association to allow public use of Common Elements or recreational amenities,with or without a fee or charge; (h) the right, power and authority of the Community Association to grant any dedication, transfer or conveyance or grant of any similar interest affecting the Common Elements,to the extent permitted by the Act; • (i) the right of the Community Association to close or limit the use of the Common Elements while maintaining, repairing and making replacements in the Common Elements or as determined by the Board; (j) the Development and Special Declarant Rights of the Declarant reserved in this Community Declaration;and (k) the rights of Builders reserved in this Community Declaration. Section 4.6 Rights Regarding Recreational Facilities. Regardless of any general rights to use and enjoyment(a) only Owners of a Residential Unit or the tenant, lessee or occupant of a Dwelling Unit in a Residential Unit used as an apartment or for multi-family rental use, shall have a right to use any Recreational Facilities, unless otherwise provided in a Supplemental Declaration; (b) these Owners, tenants, lessees and occupants of Residential Units shall only have a right to use Recreational Facilities after they have occupied their Units. Section 4.7 Delegation of Use. Any Owner may delegate their right of enjoyment to the Common Elements and facilities to the members of such Owner's family or their guests, or contract purchasers who reside at such Owner's Unit or at the Dwelling Units that are a part of that Unit and shall be deemed to have delegated that authority to the Owner's tenants. Pagc 18 or 52 Master Declaration,FINAL.wpd Pew 23 of 2202825 I IIIIIk��II�1�����1�1��IIII 11�I�I�III��III�IIII�I��I�1 0912212005 12300P Shelley Vanoa-oallatin Cc MT MSSC 501.00 i i s ii Section 4.8 Liability of Owners for Damage Each Owner shall be liable to the Community Association for any damage to Common Elements or for any expens-. or liability incurred by the Community Association which may be sustained by reason of negligence or willful misconduct of such Owner or a guest of the Owner, and for any violation by such Owner or guest of this Community Declaration or any Rule or Regulation. The Community Association shall have the power to levy and collect an Assessment against a Member to cover the costs and expenses incurred by the Community Association on account of any such damage or any such violation of this Community Declaration or of the Rules and Regulations, including interest, additional management or administrative fees and attorneys' fees, or for any increase in insurance premiums directly attributable to any such damage or violation. . I Section 4.9 Power to Grant Easements . The Community Association shall have the power to grant access, utility, drainage, water facility and any other easements in, on, over or under the Common Elements for any lawful purpose, including without limitation, the provision of emergency services, utilities (including, without limitation, water, sanitary sewer, storm sewer, gas and other energy services), telephone, cable television, fiber optic and other telecommunication services,and other uses or services to some or all of the Members. Section 4.10 Safety and Security . Each Owner and occupant, and their respective guests and invitees, shall be responsible for their own personal safety and the security of their property in the Community. The Association may, but shall not be obligated to, maintain or support certain activities within the Community designed to enhance the level of safety or security which each person provides for himself or herself and his or her property. Neither the Community Association nor Declarant shall in any way be considered insurers or guarantors of safety or security within the Community,nor shall either be held liable for any loss or damage by reason of failure to provide adequate security or ineffectiveness of security measures undertaken. Each Owner acknowledges, understands and shall be responsible for informing its tenants and all occupants that the Community Association, its Board and committees, and Declarant are not insurers or guarantors of security or safety and that each person within the Community assumes all risks of personal injury and loss or damage to property, including Units and the contents of Dwelling Units, resulting from acts of third parties. ARTICLE 5 COMMUNITY ASSOCIATION MAINTENANCE RESPONSIBILITIES Section 5.1 Association Responsibility. The Association is responsible fo=permanent care and maintenance of all Common Land and Facilities, and subdivision streets within the Community. These responsibilities include maintenance of vegetation, playground areas, playground equipment, sidewalks, common open space, center areas, public parking facilities, paths and trails, boulevards and medians, alleys, all storm water facilities and recreational areas Page 19 of 52 Master Dedlaratimi,FINAL,wpd III IIIIIIIII III 2202825 �► I III III f IIIIIIIIiIIIIIlif11111111111111110912212006 12300P Shelley Vance-Gallatin Cc MT MISC 601.00 i and all liability insurance and applicable taxes. The Association is responsible for maintenance of the Common Land and Facilities listed above and the storm water detention basins, storm water facilities, the stream/ditch in the Public Linear Park as well as the sidewalks adjacent to each of these areas. The Association is also responsible for costs of irrigation including the cost of water and irrigation system maintenance. The Unit Owners dependent on the sewage lift station shall be responsible for financing the costs of its operation and maintenance, which will be the responsibility of the City of Bozeman. The Declarant shall agree in writing to a surcharge to cover the costs of operating and maintaining the lift'station. At such time as the Association takes ownership and control of all Common Land and Facilities, it shall cover its proportionate share of the operation and maintenance costs of lift station. Section 5.2 Flexible Authority of the Board for Community Association Maintenance . The Board shall determine the specifications, scope, extent, nature and parameters of the Community Association's maintenance,repair,replacement and,improvement responsibilities. Section 5.3 Generally Designated Areas of Maintenance The Community Association may be responsible for: (a) Designated landscaping and other flora, sign age, structures, entry sign-age, and similar improvements situated upon the Common Elements or in public rights of way or public easement areas. (b) . Designated recreational facilities, if any,which may include swimming pools and other facilities. (c) The improvement, upkeep and maintenance, repair and reconstruction of landscaped areas in designated parks,parkways, dedicated public right of ways,alleys,or public easements, or for the payment of expenses which may be incurred by virtue of agreement with or requirement of any local governmental authority. (d) Such portions of property included within the Real Property as may be dictated by local government, this Community Declaration or any Supplemental Declaration or in any contract or agreement for maintenance thereof entered into by the Community Association, or as expressly delegated by a Sub Association and accepted by the Community Association. (e) Real property within any portion of the Community, in addition to that designated by any Supplemental Declaration, either by agreement with the Sub Association or because, in the opinion of the Board,the level and quality of service then being provided is not adequate. All costs of maintenance pursuant to this paragraph may be assessed as a Sub Association Assessment of.the Community Association or sub-Assessment only against the Units within the Sub Association, or if there is no Sub Association, then to that Unit, to which the services are provided. The provision of services in accordance witb this Section shall not constitute discrimination within a class. Page 20 of 52 Master Declaration,FINAL.wpd IIIIIIIIIIIIIl11111111111111111111111111111IIIIIIIIIIII2Z02$z5P Shelley Vona allatin Co MT MISC 601.00 (f) Any property and facilities owned by the Declarant and made available, on a temporary or permanent basis, for the primary use and enjoyment of the Community Association, such property and facilities to be identified by written notice from the Declarant to the Community Association and to be maintained by the Community Association until such time as Declarant revokes such privilege of use and enjoyment by written notice to the Community Association. (g) Other property which it does not own, including,,without limitation, conservation easements held by nonprofit entities, and other property dedicated to public use, if the Board determines that such maintenance is necessary or desirable. (h) Such other maintenance and repair as set forth below or elsewhere in this Community Declaration. (i) Common Landand Facility Maintenance Guarantee. In the event the Association or any successor organization established to own and maintain commonly owned open spaces,recreational areas, facilities,private streets, and parking lots, shall at any time fail to maintain the Common Land and Facilities in reasonable order and condition in accordance with the approved plan,the City Commission may cause written notice to be served upon such organization or upon the owners of property in the development. The written notice shall set forth the manner in which the Common Land and Facilities have failed to be nl aintained in reasonable condition. In addition, the notice shall include the demand that the deficiencies noted be cured within thirty days thereafter and shall state the date and place of a hearing to be held within fourteen days of the notice. At the time of hearing; the City Commission may modify the terms of the original notice as to deficiencies and may extend the time within which the same may be cured. If the deficiencies set forth in the original notice or modifications are not cured within the time set, the City may enter upon such common facilities and maintain the same for a period of one year, in order to preserve the taxable values of properties within the development and'to prevent the common facilities from becoming a public nuisance. Such entry and maintenance shall not vest in the public any right to use the common facilities not dedicated to public use. Before the one year period expires, the Commission shall, upon its own initiative or upon written request of the organization theretofore responsible for maintenance, call a public hearing and give notice of such hearing to the organization responsible for maintenance or the property owners of the development. At the hearing, the organization responsible for maintenance and or the residents of the development may show cause why maintenance by the City should not be continued for a succeeding year. If the City commission determines that it is not necessary for the City to continue such maintenance, the City shall cease such maintenance at the time established by the City Commission. Otherwise, the City shall continue maintenance for the next succeeding year subject to a similar hearing and determination at the end of each year thereafter. 1. The cost of maintenance by the City shall be a lien against the common facilities of the development and the private properties within the development. The City Commission shall have the right to make Assessments against properties in the development on the same basis that the organization Page 21 of 52 Master Declaration,FINAL.%?d I IIIIII illll IIIII IIIII IIIII IIIII lllllll III lllllll fl IIII 2206 of 93 Shelley Vance-Qallatln Ca MT M16C 631.00 responsible for maintenance of the facilities could make such Assessments. Any unpaid Assessment shall be a lien against the property responsible for the same, enforceable the same as a mortgage against such property. They City may further foreclose its.lien on the common facility by certifying the same to the County Treasurer for collection as in the case of collection of general property taxes. 2. Should the property owners association request that the City assume permanent responsibility for maintenance of facilities,.all facilities shall .be brought to City standards prior to the City assuming responsibility. The assumption of responsibility must be by action of the City Commission and all costs to bring facilities to City standards shall be the responsibility of the property owners association. They City may create special financing mechanisms so that those properties within the area affected by the property owners association continue to bear the costs of maintenance. Section 5.4 Additional Services . Any group of Units, acting either through their Delegate or through a Sub Association, if any, may request that the Community Association provide a higher level of service than that which the Community Association generally provides, or may request that the Community Association provide special services. The cost of such services, which may include a reasonable administrative charge in such amount as the Board deems appropriate (provided, any such administrative charge shall apply at a uniform rate for all Units receiving the same service), shall be assessed against the Units as a part of one of the _ Assessments, as determined by the Community Association. Section 5.5 Sub Association's Responsibility. The Owners of Units within each Sub Association, if any, may be responsible for paying, through Sub Association Assessments to their Sub Association or through a separate Assessment to the Community Association, the costs of operating, costs of utilities, and costs of maintaining and insuring certain portions of the Real Property within their neighborhood. This may include, without limitation, the costs of maintaining any Sub Association sign-age, entry features, right-of-way and open space between the Sub Association and adjacent public roads and private streets within the Sub Association, regardless of ownership and regardless of the fact that such maintenance may be performed by the Community Association; provided, however, all Sub Associations which are similarly situated shall be treated the same. Any Sub Association having any responsibility for maintenance of property within such Sub Association shall perform such maintenance responsibility in a manner consistent with first class, community-wide standards. If it fails to do so,the Community Association may perform such responsibilities and assess the costs against all Units within such Sub Association, as a Sub Association Assessment of the Community Association. Page 22 of 52 Master Declaration,FINAL.w-N 09/2212005 IIIHIM11111220?szsP i Shellav Vano*-Oatlatin Co MT M18C 601.00 • ARTICLE 6 COVENANT FOR ASSESSMENTS Section 6.1 Creation of Community Association Lien and Personal Obligation to Pay . Each Unit shall be deemed to covenant and agree and each Owner shall be deemed to covenant and agree to pay all Assessments as imposed by the Community Association or as may be imposed by a Sub Association for payment to the Community Association. Any such Sub Association shall allocate the Assessments of the Community Association to the Units in the Sub Association as set forth in this Community Declaration. Assessments provided for in this Community Declaration, including fees, charges, late charges, attorney fees, collection fees, fines and interest charged by the Community Association shall be the personal obligation of the Owner of such Unit at the time when the Assessment or other charges becomes due; provided, however, that where a Sub Association has expressly assumed those obligations pursuant to the governing documents for that Sub Association (as allowed for with the approval of the Declarant, as provided for in this Community Declaration), and in that event, so long as the Sub Association has that obligation, only that Sub Association shall have the personal obligation to pay. Section 6.2 Continuing Lien. The personal obligation to pay any past due sums due the Community Association shall not pass to a buyer from an Owner, unless the sums due are expressly assumed by the buyer. All Assessments and such other Assessments as imposed by the Community Association, including fees, charges, late charges, attorney fees, collection fees, fines and interest charged by the Community Association, shall be a charge on each Unit and shall be a continuing lien upon the Unit against which each such Assessment or charge is made. Section 6.3 No Exemptions, Offsets or Reductions . No Owner may become exempt from liability for payment of any Assessment to the Community Association by waiver of the use or enjoyment of the Common Elements or by abandonment of the Unit against which the Assessment is made. All Assessments shall be payable in the amounts specified in the levy thereof, and no offsets or reduction thereof shall be permitted for any reason including, without limitation, any claim that the Community Association or the Board or any other entity is not properly exercising its duties and powers under this Community Declaration, Section 6.4 Capitalization of the Association/Working Funds The Association requires that every Owner of each Unit(other than Declarant or a Builder), upon close of escrow or transfer of title, make a non-refundable payment to the Association in an amount equal to two months' Assessments which sums shall comprise the Working Fund to be used by the Association as operating capital. The contribution by the Owners of each Unit (other than Declarant or a Builder) shall be collected and transferred to the Association at the time of closing of each sale and the sums collected shall be for the use and benefit of the Association, through Page 23 of 52 Master Declaration,FINAL,wpd IIII I'I�llll II�II IIIII IIII�II1II III�III III��HIII II IIII 2202of 93 82OOP SheLley Yanoe-Gallatin Ca MT M18C 601.00 the Association's Working Fund, Contribution and payment of each Owner's portion of the Working Fund to the Association shall not relieve an Owner from making regular payments of any other Assessments as the same become due.. Upon the Transfer of a Unit, an Owner may be entitled to a credit from their Buyer collected at closing. Section 6.5 Transfer Fees.The Association may collect a transfer fee upon the close of escrow or transfer of title. Section 6.6 Assessment Allocations . Each of the Assessments provided for in this Article shall be allocated as provided for under Section 3.9 of this Community Declaration. Section 6.7 Community Wide Services Assessments . The Community Association may levy a Community Wide Services Assessment against Units, effective upon creation of such Unit, allocated as provided for above in this Community Declaration. Until the Community Association levies a Community Wide Services Assessment, the Declarant may, at its election and discretion, subsidize or assist in the payment of costs and expenses of the Community Association;provided that the Declarant shall not have any obligation whatsoever to subsidize or otherwise contribute to a Operating Fund or other contingency reserve to be used to cover future costs and expenses, After any Community Wide Services Assessment has been levied by the Community Association, Community Wide Services Assessments shall be levied no less frequently than annually by the Community Association. Where the obligation to pay a Community Wide Services Assessment first arises after the commencement of the year or other period for which the Community Wide Services Assessment was levied, the Community Wide Services Assessment shall be prorated, as of the date when said obligation first arose, in proportion to the amount of the Assessment year or other period remaining after said date. (a) The Budget Process . Once begun, the Community Wide Services Assessment may be levied on an annual basis and must be levied based upon the Community Association's advance budget of the cash requirements for this Assessment. The budget for the Community Wide Services Assessment may be submitted to the Delegates for ratification pursuant to the Act and as set forth in the Bylaws. If so submitted, the budget may be vetoed by votes of Delegates representing a .majority of the votes in the Community Association. If not so vetoed,the budget proposed shall be deemed ratified. (b) Due Dates. Community Wide Services Assessments shall be due and payable in monthly, quarterly, or annual installments, or in any other manner, as determined by the Board. Community Wide Services Assessments may begin on the first day of the month in which conveyance of the first Unit to a Unit Owner(other than Declarant or a Builder) occurs. The omission or failure of the Board to levy the Assessment for any period shall not be deemed a waiver,modification or release of the Unit Owners from their obligation to pay. Page 24 of 52 Master Declaration,FINAL."d I llllll lllll lllll lllll lllll lllll llllill 111 lllllll 11 llll 2�20ZvGOOP Shelley Vano"allatin Co PIT MISC Sai.00 Section 6.8 Residential Services and/or Recreational Assessments The Community Association may levy a Residential Services and/or Recreational Assessment against Residential Units, effective upon creation of such Unit as provided by this Community Declaration, or upon the recreational facility initially opening for use allocated as provided for above in this Community Declaration. Until the Community Association levies a Residential Services and/or Recreational Assessment, the Declarant may, at its election and discretion, subsidize or assist in the payment of costs and expenses of the Community Association; provided that the Declarant shall not have any obligation whatsoever to subsidize or otherwise contribute to a Operating Fund or other contingency reserve to be used to cover future costs and expenses` .After any Residential Services and/or Recreational Assessment has been levied by the Community Association, Residential Services and/or Recreational Assessments shall be levied no less frequently.than annually by the Community Association. Where the obligation to pay a Residential Services and/or Recreational Assessment first arises after the commencement of the year or, other period for which the Residential Services and/or Recreational Assessment was levied, that Assessment shall be prorated, as of the date when said obligation first arose, in proportion to the amount of the Assessment year or other period remaining after said.date. (a) The Budget Process . Once begun, the Residential Services and/or Recreational Assessment may be levied on an annual basis upon the Community Association's advance budget of the cash requirements for this Assessment. The budget for the Residential Services and/or Recreational Assessments shall be submitted to only those Delegates representing Residential Unit Owners for ratification pursuant as set forth in the Bylaws. If so submitted, the budget may be vetoed by a majority of the votes of only those Delegates representing Residential Unit Owners. If not so vetoed, the budget proposed shall be deemed ratified. (b) Due Dates. Residential Services and/or Recreational Assessments shall be due and payable in monthly, quarterly, or annual installments, or in any other manner, as determined by the Board. Residential Services and/or Recreational Assessments may begin on the first day of the month in which conveyance of the first Unit to a Unit Owner (other than Declarant or a Builder) occurs. The omission or failure of the Board to levy the Assessment for any period shall not be deemed a waiver, modification or release of the Unit Owners from their obligation to pay. Section 6.9 Sub Association Assessments . The Community Association may levy a Sub Association Assessment against Units subject to this Assessment, allocated as provided for above in this Community Declaration. After any Sub Association Assessment has been levied by the Community Association, Sub Association Assessments shall be levied no less frequently than annually by the Community Association. Where the obligation to pay a Sub Association Assessment first arises after the commencement of the year or other period for which the Sub Association Assessment was levied, that Assessment shall be prorated, as of the date when said obligation first arose, in proportion to the amount of the Assessment year or other period remaining after said date. Page 25 of 52 Master Declaration,FINAL,wpd r IIIlillllllllllllilllllllllllllllllllllllllllllllllllll � @2825P Motley Vanoo-Gallatin Co MT MISC 501.00 i (a) The Budget Process. Once begun,the Sub Association Assessment may be levied on an annual basis against Units subject to this Assessment, and must be levied based upon the Community Association's advance budget of the cash requirements for this Assessment. The budget for the Sub Association Assessment shall be submitted only to those Delegates representing Owners with rights to use a Limited Common Element, or with such other Sub Association allowed for in this Community Declaration or a Supplemental Declaration, for ratification pursuant as set forth in the Bylaws. If so submitted, the budget may be vetoed by a majority of the votes of only those Delegates representing Owners with rights to use a Limited Common Element, or with such other Sub Association as allowed for in this Community Declaration or a Supplemental Declaration. If not so vetoed,the budget proposed shall be deemed ratified. (b) Due Dates. Sub Association Service Assessments shall be due and payable in monthly, quarterly, or annual installments, or in any other manner, as determined by the Board. Sub Association Service Assessments may begin on the first day of the month in which conveyance of the first Unit to a Unit Owner (other than Declarant or a Builder) occurs. The omission or failure of the Board to levy the Assessment for any period shall not be deemed a waiver,modification or release of the Unit Owners from their obligation to pay. i Section 6.10 Special Residential Services Assessments. The Community Association may levy a Special Residential Services Assessment against Residential Units, effective upon creation of such Unit as provided by this Community Declaration, for any special or unique services offered to or requested by a Unit Owner or otherwise made available by the Community Association, allocated as provided for above in this Community Declaration. Until the Community Association levies a Special Residential Services Assessment, the Declarant may, at its election and discretion, subsidize or assist in the payment of costs and expenses of the Community Association for any special or unique services offered to or requested by a Unit Owner or otherwise made available by the Community Association; provided that the Declarant shall not have any obligation whatsoever to subsidize or otherwise contribute to a Operating Fund or other contingency reserve to be used to cover future costs and.expenses. After any Special Residential Services Assessment has been levied by the Community Association, Special Residential Services Assessments shall be levied as needed or determined by the Board. Special Residential Services Assessment may be levied on a selective basis by the Community Association,without a requirement for advance budgeting and budget approval,or may be levied as an annual Assessment with advanced budgeting as provided for below. In all events, Special Residential Services Assessments shall be levied as needed or determined by the Board. To the extent this Assessment is levied annually by the Community Association, then the budgeting provisions below shall apply. Where the obligation to pay a Special Residential Services Assessment first arises after the commencement of the year or other period for which the Assessment was levied, that Assessment shall be prorated, as of the date when said obligation first arose, in proportion to the amount of the Assessment year or other period remaining after said date. Page 26 of 52 Master Declaration,FINAL,wpd Illllllllllllllllllllllllllllllllllllllllllllllllllllll zz�z$z r Shelley Vance-Gallatin Co MT MISC 801.00 I (a) The Budget Process If to be imposed on an annual and recurring basis,the Special Residential Services Assessment may be levied annually based upon the Community Association's advance budget of the cash requirements for this Assessment. The budget may be submitted only to those Delegates representing Residential Unit Owners subject to an annual and recurring Special Residential Services Assessment for ratification pursuant as set forth in the .Bylaws. If so submitted, the budget may be vetoed by a majority of the votes of only those Delegates representing those Residential Unit Owners. If not so vetoed, the budget proposed shall be deemed ratified. (b) Due Dates. Special Residential Services Assessments shall be due and payable in monthly, quarterly, or annual installments, or in any other manner, as determined by the 00 o e Board. --N •N N a a Section 6.11 Commercial Services Assessments—. The Community Association may m levy a Commercial Services Assessment against Commercial Units or against Commercial Units by Delegate District, for any special or unique services offered to or requested by a Commercial MEEMM Unit Owner or group of Commercial Unit Owners, or as otherwise made available by the i� g Community Association, allocated as provided for above in this Community Declaration. After any Commercial Services Assessment has been levied by the Community Association, Commercial Services Assessments shall be levied as needed or determined by the Board, subject to the Delegates ratification, as provided for below. Commercial Services Assessment may be levied on a selective basis by the Community Association, without a requirement for advance budgeting and budget approval, or may be levied as an annual Assessment with advanced budgeting as provided for below. In all events, Commercial Services Assessments shall be > levied as needed or determined by the Board. To the extent this Assessment is levied annually by !� the Community Association, then the budgeting provisions below shall apply. Where the obligation to pay a Commercial Services Assessment first arises after the commencement of the year or other period for which the Assessment was levied, that Assessment shall be prorated, as of the date when said obligation first arose, in proportion to the amount of the Assessment year ! or other period remaining after said date. I I (a) The Budget Process . If to be imposed on 'an annual and recurring basis,the Commercial Services Assessment may be levied on an annual basis against all Commercial Units or to just those Commercial Units in any given Delegate District, and in compliance with the Community Association's advance budget of the cash requirements for this Assessment. The budget may be submitted only to those Delegates representing Commercial Unit Owners subject to an annual and recurring Commercial Services Assessment for ratification pursuant. If so submitted, the budget may be vetoed by a majority of the votes of only those Delegates representing those Unit Owners. If not so vetoed,the budget proposed shall be deemed ratified. (b) Due Dates . Commercial Services Assessments shall be due and payable in monthly, quarterly, or annual installments, or in any other manner, as determined by the Board. Section 6.12 Sub Association Assessments of the Community Association The Community Association may levy a Sub Association Assessment of the Community Association against Units, effective upon creation of such. Unit, as provided for in this Community Declaration and also as an option in lieu of a separate assessment by a Sub Association,allocated • Page 27 of 52 Master Declaration,FINAL.wpd as provided for in this Community Declaration. After any Sub Association Assessment of the Community Association has been levied by the Community Association in lieu of an Assessment by a Sub Association, that Sub Association Assessment of the Community Association shall be levied on an annual basis with advanced budgeting as provided for below. Otherwise, any other Sub Association Assessment of the Community Association may be levied as needed or determined by the Board, as allowed for in this Community Declaration, without a requirement for advance budgeting and budget approval. (a) The Budget Process. If to be imposed on an annual and recurring basis, in lieu of an assessment by a Sub Association, a Sub Association Assessment of the Community Association may be levied based upon the Community Association's advance budget of the cash requirements for this Assessment. The budget may be submitted only to those Delegates representing Unit Owners subject to an annual and recurring Sub Association Assessment of the Community Association for ratification pursuant as set forth in the Bylaws. if so submitted, the budget may be vetoed by a majority of the votes of only those Delegates representing those Unit Owners. If not so vetoed, the budget proposed shall be deemed ratified. (b) Due Dates. Sub Association Assessments of the Community Association shall be due and payable in monthly, quarterly, or annual installments, or in any other manner, as determined by the Board. Section 6.13 Other Assessments . The Community Association shall also have the authority to assess Units,pursuant to and as allocated, under other provisions of this Declaration or as allowed by Court Order or law. Section 6.14 Statements of Account . The Community Association shall furnish to an Owner or such Owner's designee(including,without limitation, a prospective purchaser from or lender of such Owner),upon written request, delivered personally or by certified mail, first class, postage prepaid, return receipt, to the Community Association's registered agent, a written statement setting forth the amount of unpaid Assessments currently levied against such Owner's Unit. The statement shall be furnished within fourteen (14) calendar days after receipt of the request and shall be binding on the Community Association, the Board and every.Owner. The Community Association shall have the right to charge a reasonable fee for the issuance of such certificates. Section 6.15 Effect of Non-Payment of Assessments . Any Assessment, charge or fee provided for in this Community Declaration, or any monthly or other installment thereof, which is not fully paid within ten (10) days after the due date thereof,as established by the Board, shall bear interest at the rate of interest as may be determined, from time to time, by the Board, and the Community Association may assess a reasonable late charge thereon as determined by the Board. Further, the Community Association may bring an action at law or in equity, or both, Pugc 28 of 52 Master Declaration,FINAL.wpd IIIIIlIIIIlIlllllll!lIIIIIIIIIII111111111IIlIIIIIIIlIII 22 33 of 83 • Shelley Vanoa-Gallatin Co MT MISC 601.00 against the person(s)personally obligated to pay such overdue Assessments, charges or fees, or monthly or other installments thereof, and may also proceed to foreclose its lien. An action at law or in equity by the Community Association against an Owner to recover a money judgment for unpaid Assessments, charges or fees, or monthly or other installments thereof, may be commenced and pursued by the Community Association without foreclosing, or in any way waiving,the Community Association's lien therefor. Foreclosure or attempted foreclosure by the Community Association of its lien shall not be deemed to estop or otherwise preclude the Community Association from thereafter again foreclosing or attempting to foreclose its lien for any subsequent Assessment, charges or fees, or monthly or other installments thereof, which are not fully paid when due. The Community Association shall have the power and right to bid on or purchase any Unit at foreclosure or other legal sale, and to acquire and hold, lease,mortgage, vote the Community Association votes appurtenant to ownership thereof, convey or otherwise deal with the same. The rights of the Community Association shall be expressly subordinate to the rights of any holder of a first lien security interest as set forth in its deed of trusl or mortgage (including any assignment of rents),to the extent permitted. Section 6.16 Lien Priority. The lien of the Community Association for all Assessments allowed for in this Community Declaration is prior to all other liens and encumbrances on a Unit except: (a) liens and encumbrances recorded before the recordation of the Community Declaration; (b) a first lien security interest on the Unit (except as otherwise expressly provided by state statute for any limited lien priority allowed to the Community Association); and(c)liens for real property taxes and other governmental assessments or charges against the Unit. This Section does not affect the priority of mechanics' or materialmen's liens. The lien of the Community Association under this Article is not subject to the provision of any homestead exemption as allowed under state or federal law. Transfer of any Unit shall not affect the lien for said Assessments or charges except that Transfer of any Unit pursuant to foreclosure of any first lien security interest, or any proceeding in lieu thereof, including deed in lieu of foreclosure, or cancellation or forfeiture shall only extinguish the lien of Assessment charges as provided by applicable state law. No such sale, Transfer, foreclosure, or any proceeding in lieu thereof, including deed in lieu of foreclosure, nor cancellation or forfeiture shall relieve any Unit from continuing liability for any Assessment charges thereafter becoming due, nor from the lien thereof. ARTICLE 7 GENERAL RESTRICTIONS Section 7.1 Purposes,Plan of Development; Applicability; Effect Declarant has created the Community as a mixed use, Master Planned Community, in furtherance of its and every other Owner's collective interests. The Real Property is subject to land development constraints and requirements, Rules and Regulations and provisions of this Community Declaration governing land use, individual. conduct, and uses of or actions upon the Real Property as provided in this Community Declaration. This Community Declaration establishes affirmative and negative covenants,easements,and restrictions. Pogo 29 of 52 Master Declaration,FINAL.wpd • I III��I IIIII II���IIIII III�I III��11111111111111111111,Jill 22112825 Sheller Vanoe-Gallatin Cc MT nleC 801.00 Section 7.2 Changes in Circumstances Anticipated Declarant has promulgated a general plan of development for the purposes stated in the recitals of this Community Declaration; provided, however, that in all cases and events such general plan for development shall be subject to the Community Association's ability to respond to changes in circumstances, conditions, needs, and desires within the Community, except as expressly provided for in this Community Declaration. Section 7.3 Owner Acknowledg ent . Each Owner is subject to this Community Declaration and the covenants and restrictions contained in this Community Declaration. By acceptance of a deed, or other instrument establishing title or ownership, each Owner acknowledges that such Owner has been given notice of this Community Declaration;that use of a Unit is limited by the provisions of the Governing Documents; that the Board may, from time to time, adopt and amend definitions of words, phrases and terms used in this Community Declaration and other Governing Documents; that the use, enjoyment and marketability of the Units can be affected by this Community Declaration; and that the restrictions and Rules and Regulations may change from time to time; provided, however, no action by the Board may invalidate a specific provision of this Community Declaration. Section 7.4 Use Covenants and Restrictions Based on Zoning Units within the Community shall be used for purposes as allowed by zoning, planned unit development or other local governmental determination. Use of Residential Units for primary residential use shall not be unreasonably regulated or governed by the Community Association. Use of Commercial Units for primary commercial uses shall not be unreasonably regulated or governed by the Community Association. i - Section 7.5 Units to be Maintained Owners of a Unit are responsible for the I maintenance, repair and replacement of the properties located within their Unit boundaries except as such maintenance, repair and replacement are expressly the obligation of any applicable Sub Association for that Unit. Each Unit and the Improvements on a Unit,shall, at all times,be kept in a clean,sightly,and wholesome.condition. Section 7.6 Architectural Review by the DRB/Required Approval. 1. Requirements_. No structures, including residences, outbuildings, accessory buildings, tennis courts, swimming pools, antennas (except as otherwise permitted in this Declaration), flag poles, fences, walls, exterior lighting, landscaping, or any other Improvements shall be constructed, erected, relocated, removed or installed on a Unit or on any lot, nor shall any painting, alteration or change to the exterior of the Improvements, the exterior of a residence, to a Unit or to any lot or to any structure or any attachment to the.exterior of a residence (including paint, awnings, patios, decks, or shutters) be commenced unless: complete plans and specifications shall have been first submitted to and approved in writing by the Design Review Board("Committee") as may be outlined in the Rules and Regulations. Page 30 of 52 Master Declaration,FINAL.wpd 111111111111122e2of 93 825 IIIIII IIlil IIIII IIIII IIIII IIIII lllilll I I I Shelley Vance-Gallatin Co M? MISC 601.00 2. Applications. The DRB may require that applications of Owners and their plans and specifications show exterior design, height, materials, color, location of the structure or addition to the structure or proposed improvement (plotted horizontally and vertically), location and size of driveways, walls, windbreaks.and grading plan, as well as such other materials and information as may be required by the DRB. 3. Acknowledgment of Owners. Owners acknowledge, accept and agree to the following: 4. Owners will not commence construction or installation of an improvement until they have submitted improvement plans and specifications and received written approval from the DRB; 5. Owners shall immediately comply with any request by the Association for additional information relating to an improvement prior to the DRB's approval of a request and/or prior to the completion of an improvement. Failure to comply with such a request by an Owner shall result in the withdrawal of DRB approval, if previously granted; 6. DRB approval does not constitute approval of the local building or zoning department,drainage design or structural soundness; 7. Owners shall notify the DRB of completion of the improvement's installation or construction within five days of such completion; 8. Upon completion of an improvement, Owners authorize the DRB or its representative(s)to enter onto the Lot for exterior inspection; 9. Failure of an Owner to notify the DRB of completion of an approved improvement, or refusal to allow inspection, shall result in the withdrawal of the DRB's approval; 10. If the improvement as built does not conform to the improvement as approved by the DRB,the DRB's approval will be deemed withdrawn, and upon written request of the DRB, Owners shall, at their own expense and cost, promptly bring the improvement into compliance with the submitted and approved plans and specifications; H. In the event of withdrawal of DRB approval for any reasan(s) cited in this Section, and upon written request from the DRB,the Owner, at his or her expense and cost, shall promptly restore the Lot to substantially the same condition as it existed prior to commencement of the improvement's installation or construction, and such withdrawal will be deemed to toll the statute of limitations as it pertains to the improvement until such time as the improvement is brought into compliance. 12. Architectural Criteria. The DRB shall exercise its reasonable judgment to the end that all attachments, improvements, construction, landscaping and alterations to improvements on a Lot or landscaping of a Lot shall comply with the requirements set forth in this Declaration. The approval or consent of the DRB on matters properly coming before it shall not be unreasonably withheld, and actions taken shall not be arbitrary or capricious. Approval shall be based upon, but not limited to, aesthetics, harmonious compliment to the Community and such other factors as the DRB may determine, including conformity with the specifications Page 31 of 52 Master Declaration,FINAL.wpd II! IIIIIIIIIIIiIIIIIIIIIIIIII�IIIIIIIII�I11IIIIIIII 2202825Zof P II II Shelley Vance-Gallatln Co MT MISC e01.00 and purposes generally set out in this Declaration. Upon its review of such plans, specifications and submittals, the DRB may require that the applicant(s) reimburse the Board for actual expense incurred by it in its review and approval process. 13'. Establishment of the DRB. The DRB shall consist of a minimum of three members appointed by the Declarant,until Declarant no longer owns any Unit or until December 31, 2030, whichever occurs latest. Then, after the latest occurrence, the Board of Directors of the Association shall appoint the members of the DRB. In the event a DRB is not established, the Board shall perform all duties of the DRB as provided in this Article and the Governing Documents of the Association. Once appointments by the Board of the Association are made, the Board shall have the authority to remove any members of the DRB at their sole discretion. 14. Architectural Guidelines. The DRB may propose architectural guidelines, for the Community as a whole, or for any portions, from time to time,which guidelines may be approved by the Board of Directors (after the expiration of the Declarant's rights to appoint the members of the DRB)and included in or with any Rules and Regulations of the Association. 15. Reply and Communication. The DRB shall reply to all submittals of plans made in accordance herewith in writing within 60 days after receipt. In the event the DRB fails to take any action on submitted plans and specifications within 60 days after the DRB has received the plans and specifications, approval shall be deemed to be granted; provided, however,nothing in this Section shall authorize anyone to construct or maintain any structure or improvement that is otherwise in violation of this Declaration, the Rules and Regulations or any architectural guidelines adopted by the Board. All communications and submittals shall be addressed to the DRB in care of the Association. 16. Conditions of Approval. In the discretion of the Board or the DRB, an Owner may be required to enter into a written agreement establishing.the approval of the application in recordable form acknowledged by such Owner on behalf of himself or herself and all successors-in-interest. As a condition of approval for a requested architectural change, modification, addition or alteration, an Owner, on behalf of himself or herself and his or her successors-in-interest, affirms and shall assume, unless otherwise agreed in writing, all responsibilities for maintenance, repair, replacement and insurance to and on such change, modification,addition or alteration. 17. Commencement and Completion of Construction All improvements approved by the DRB must be commenced within two years from the date of approval. If not commenced within such time, then such approval shall be deemed revoked by the DRB, unless the DRB gives a written extension for commencing the work. Additionally, except with written DRB approval otherwise, and except for delays caused by strikes, fires, national emergencies, critical materials shortages or other intervening forces beyond the control of the Owner, all work approved by the DRB shall be completed within two years of commencement. 18. Variances. The DRB may grant reasonable variances or adjustments from any conditions and restrictions imposed by this Declaration in order to overcome practical difficulties and unnecessary hardships arising by reason of the application of the conditions and restrictions contained in this Declaration or in architectural guidelines. Page 32 oc 52 Master Declaration,FINAL.wpdz5 11111111111111111111llll zz zsp Shelley Vance-Gallatin Co MT MISC 861.00 • 19. Right to Appeal. Once the DRB is appointed by the Board of Directors of the Association, and if the Board of Directors is not acting as the DRB, an Owner whose plans have been disapproved or conditionally approved.may appeal any decision of the DRB to the Board of Directors. The Board of Directors shall review the decision of the DRB pursuant to the criteria set forth in this Section above and/or the architectural guidelines. .Any decision of the DRB may be overruled and reversed by a majority of the directors by a written decision setting forth the reasons for the reversal when the directors conclude that the DRB's decision was inconsistent with the criteria set forth in this Article and the guidelines. 20. Waivers. The approval or consent of the DRB, or appointed representative thereof, to any application for architectural approval shall not be deemed to constitute a waiver of any right to hold or deny approval or consent by the DRB as to any application or other matters subsequently or additionally submitted for approval or consent. 21. Liabilily. The DRB and the members thereof, as well as any representative of the Board designated to act on its behalf, shall not be liable in damages to any person submitting requests for approval or for any approval, or failure to approve or disapprove in regard to any matter within its jurisdiction under these covenants. Neither the Board nor the DRB shall bear any responsibility for ensuring the design, quality, structural integrity or soundness of approved construction or modifications,nor for ensuring compliance v6th building codes, zoning regulations and other governmental requirements. 22. Records. The Association shall maintain written records of all applications submitted to it and of all actions taken by it with respect thereto. Such records shall be open and available for inspection by any interested party during reasonable hours of the business day according to any policy adopted by the Board. 23. Enforcement. Enforcement of these covenants, restrictions, charges and other provisions, as amended, may be by any proceeding at law or in equity against any person or persons violating or attempting to violate any such provision. The Association shall have the right, but not the obligation, to institute, maintain and prosecute any such proceedings. In any action instituted or maintained under this Section, the Association may be entitled to recover its costs and reasonable attorney fees incurred pursuant thereto, as well as any and all other sums awarded by the court. Failure of the Association to enforce any covenant or restriction contained in this Section shall in no event be deemed a waiver of the right to do so thereafter. In addition, or in the alternative, the Association shall have all other enforcement rights as set forth in this Declaration. Section 7.7 Landscaping Requirements of Owners/Restrictions and Maintenance Covenants. All portions of a Unit not improved with a residence,building, driveway,walkways, patios or decks (referred to as the unimproved area or landscaped areas of a Unit) shall be landscaped by the Owner thereof or a Builder, other than the Declarant. Any portions of a Unit that are not landscaped by a Builder must be fully landscaped by the Unit Owner, no later than one (1) year after the date of close of escrow. Any landscape plan must be approved by the DRB. The landscaping of each Unit, having once been installed, shall be maintained by the Owner, or the applicable owner association or Sub Association, in a neat, attractive, sightly and Page 33 of 52 Master Declaration,FINAL.wpd l III�II� �I�III���IIII II�II�III�IIIIIII III IIII� III I II 2202of 83 820GP shattev Vance-Gallatin Cc MT MISC e01.00 well-kept condition, which shall include lawns mowed, hedges, shrubs, and trees pruned and trimmed, adequate watering, replacement of dead, diseased or unsightly materials, and removal of weeds and debris. Section 7.8 Subdivision of Units. (a) The Owner of a Residential Unit shall have the right to subdivide his or her Unit (including, without limitation, by creating a condominium project upon such Unit or consolidating Units into one Unit) provided that the Owner: (i) obtains written approval from Declarant or the Board; (ii) complies with all applicable laws, regulations, ordinances, statutes and orders of all governmental authorities having jurisdiction. Following any subdivision of a Residential Unit, including the creation of such a condominium project or consolidation of Units, the Owner of each Unit resulting or remaining from such subdivision shall be a Member of the Community Association. (b) The right of the Owner of a Commercial Unit to subdivide is not restricted. Section 7.9 Restrictions on Subordinate Covenants, Maps and Planned Unit Developments on Residential Units. Until expiration of the Period of Declarant Control, the prior written consent of Declarant, or its assignee (if this restriction and approval right is assigned in writing), shall be required by any Owner or with regard to any Residential Unit: (a) before junior or subordinate covenants may be filed of record against all or any . portion of a Unit, and (b) . before any planned unit development, map, plat or re-subdivision may be filed of record against all or any portion of a Unit. In the event an Owner records covenants against all or any part of a Residential Unit without the written consent required by the provisions of this Section, or in the event an Owner records any planned unit development, map, plat or re-subdivision against all or any part of any Unit without the written consent required by the provisions of this Section, the instruments recorded shall be voidable and shall be deemed void by the Declarant (or its assignee)upon Declarant(or its assignee)recording a notice to that effect. Notwithstanding the foregoing, however, Builders, and any mortgagees of Builders acquiring title to any lots by foreclosure or deed in lieu of foreclosure, shall have the right to re-subdivide or otherwise modify any subdivision plat in order to make minor lot line modifications, provided such modifications do not increase or decrease the size of any lot by more than ten percent(10%). Section 7.10 Use of Common Elements. There shall be no obstruction of the Common Elements, nor-shall anything be kept or stored on any part of the Common Elements without the prior written approval of the Community Association. Nothing shall be altered on, constructed in, or removed from the Common Elements without the prior written approval of the Community Association. Page 34 of 52 Master Declaration,FINAL.wpd 111111111111 111 IN 111111111111111112 202825P shallaY Yana*-Gallatin Co MT MIBC 601.00 Section 7.11 Restriction on Timesharing,Vacation Clubs and Similar Programs Use or ownership of any Unit for operation of a timesharing, fraction-sharing, vacation club or similar program, where the right to exclusive use of a Dwelling Unit rotates among participants in the program on a fixed or floating time schedule over a period. of years and all similar ownership or use programs, schemes or clubs is prohibited. Declarant and its assignees may operate any such program with respect to any Unit owned by the Declarant or its assignee. Section 7.12 Right of Owners Regarding Rules and Regulations . In fintherance of the purposes of this Community Declaration, and subject to the Board's duty to exercise judgment and reasonableness on behalf of the Community Association and Members, the Board may adopt, amend or repeal, Rules and Regulations concerning and governing the Community or any portion thereof. The Board may establish and enforce penalties for the infraction thereof. Section 7.13 Construction Use. It is expressly permissible for Declarant and Builders to perform construction and such other reasonable activities, and to maintain upon portions of the Community such facilities as deemed reasonably necessary or incidental to the construction and sale of Units in the development of the Community, specifically including, without limiting the generality of the foregoing, the maintenance of temporary business offices, storage areas, trash bins, construction yards and equipment, signs, model units, temporary sales offices, parking areas and lighting facilities. Section 7.14 Reasonable Ri'ght5 to Develop. None of the covenants and restrictions in this Community Declaration may unreasonably impede Declarant's or a Builde_'s right to develop the Real Property. Additionally, the Board may not adopt any Rule or Regulation that unreasonably impedes Declarant's or a Participation Builder's right to develop the Real Property, the exercise of any Development Rights, Special Declarant Rights or Additional Reserved Rights in accordance with this Community Declaration and/or the development rights of any Builder. ARTICLE 8 INSURANCE/CONDEMNATION Section 8.1 Community Association Hazard Insurance on the Common Elements The Community Association shall obtain adequate hazard insurance covering loss, damage or destruction by fire or other casualty to the Common Elements and the other property of the Community Association. If obtainable, the Community Association shall also obtain the following insurance and any additional endorsements deemed advisable by the Board . Page 35 of 52 Master Declaration,FINAL.wpd • 1lilllllllllllllllllllllllllHIIIIIIII 111 Illll till llll 22,02825P Shelley Vanoe-Gallatln Co HT 1115C e01.00 (a) Community Association Liability Insurance. The Community Association shall obtain an adequate comprehensive policy of public liability and property damage liability insurance covering all of the Common Elements, in such limits as the Board may from time to time determine, but not in any amount less than Two Million Dollars($2,000,000)per injury,per person,and per occurrence,and in all cases covering all claims for bodily injury or property damage. Coverage shall include, without limitation, liability for personal injuries, operation of automobiles on behalf of the Community_Association,and activities in connection with the ownership, operation, maintenance and other uses of the Community. All Iiability insurance shall name the Community Association as the insured. (b) Community Association Fidelity Insurance. The Community Association shall obtain adequate fidelity coverage or fidelity bonds to protect against dishonest acts on the parts of its officers, directors,trustees and employees and on the part of all others who handle or are responsible for handling the funds of the Community Association, including persons who serve the Community Association with or without compensation. The fidelity coverage or bonds should be in an amount sufficient to cover 3 months of budgeting operating expenses that will be in the control of the Community Association, its officers, directors; trustees and employees. (c) Community Association Worker's Compensation and Employer's Liability Insurance. The Community Association shall obtain worker's compensation and employer's liability insurance and all other similar insurance with respect to its employees in the amounts and forms as may now or hereafter be required by law. (d) Community Association Officers' and Directors' Personal Liability Insurance. The Community Association shall obtain a broad or expansive form of an officers' and directors' personal liability insurance to protect the officers and directors from personal liability in relation to their duties and responsibilities in acting as officers and directors on behalf of the Community Association. (e) Other Insurance of the Community Association The Community Association may obtain insurance against such other risks, of similar or dissimilar nature, as it shall deem appropriate with respect to the Community Association responsibilities and duties. (f) Community Association Insurance and General Terms. The Community Association shall obtain and maintain in full force and effect to the extent reasonably available, and at all times, the insurance coverage set forth herein, which insurance coverage shall be provided by financially responsible and able companies duly authorized to do business in the State of Montana. Commencing not later than the time of the first conveyance of a Unit to a person other than a Declarant or a Builder, the Community Association shall maintain, to the extent reasonably available,policies for the above insurance with the following terms or provisions: Page 36 of 52 Master Declaration,FINAL.wpd IIIIII lIIII illll IIIII IIIII IIIII IIIIIII III IIIII IIII IIII 22O28200 6ha11&Y Vanoa-GallatIn Co MT MISC 601.00 r i (i) All policies of insurance shall contain waivers of subrogation and waivers of any defense based on invalidity arising from any acts of an Owner and shall provide that such policies may not be canceled or modified without at least twenty (20) days prior written notice to all of the Owners and the Community Association. (ii) All liability insurance shall be carried in blanket form naming the Community Association, the Board, the Community Manager, the officers of the Community Association, the Declarant, their successors and assigns and Owners as insureds. (iii) Prior to obtaining any policy of casualty insurance or renewal thereof,pursuant to the provisions hereof,the Board may obtain an appraisal from a duly qualified Real Property or insurance appraiser, which appraiser shall reasonably estimate the full replacement value of the Common Elements,without deduction for depreciation, review any increases in the cost of living, and/or consider other factors, for the purpose of determining the amount of the insurance to be affected pursuant to the provisions hereof. In no event shall any casualty insurance policy contain a co- insurance clause for less than one hundred percent (100%) of the full insurable replacement cost. Section 8.2 Community Association Insurance Premium Except as assessed in proportion to risk, if permitted under the terms of this Community Declaration, insurance premiums for the above provided insurance shall be a part of the Community Wide Services Assessment. Section 8.3 Communityy Manager Insurance The Community Manager, if not an employee, shall be insured for the benefit of the Community Association,and shall maintain and submit evidence of such coverage to the Community Association. Section 8.4 Waiver of Claims Against Community Association . As to all policies of insurance maintained by or for the benefit of the Community Association and Owners, the Community Association and the Owners hereby waive and release all claims against one another, the Board and Declarant, to the extent of the insurance proceeds available, whether or not the insurance damage or injury is caused by the negligence of or breach of any agreement by and of said persons. Page 37 of 52 Master Declaration,FINAL."d • I Ililll IIIII IIIII Illif lllll IIIII IIIIIII III IIIIlI III IIII 2202 f 93 shellay Vanoa-Gallatin Co MT MISC Get.00 Section 8.5 Adjustments by the Community Association Any loss covered by an insurance policy described above shall be adjusted by the Community Association, and the insurance proceeds for that loss shall be payable to the Community Association. The Community Association shall hold any insurance proceeds in trust for the Community Association and Owners. Section 8.6 Condemnation and Hazard Insurance Allocations and Distributions In the event of a distribution of condemnation proceeds or hazard insurance proceeds to the Owners, the distribution shall be as the parties with interests and rights are determined or allocated by record. ARTICLE 9 DEVELOPMENT RIGHTS Section 9.1 Development Rights and Special Declarant Rights The Declarant reserves, for twenty(20) years after the recording of:this Community Declaration, the following Development Rights and Special Declarant Rights: (a) The right to subject all or any portion of the Project Area to all or any portion of this Community Declaration; (b) The right to add Units and designate uses, designate Delegate Districts or re- designate Delegate Districts; (c) The right to subject portions of the Real Property owned by the Declarant to additional covenants,conditions,terms and restrictions,as Declarant may determine; (d) The right to relocate .boundaries between adjoining Units owned by Declarant, enlarge Units owned by Declarant, enlarge or reduce the Common Elements, enlarge or reduce or diminish the size of Units owned by Declarant, reduce or diminish the size of areas of the Common Elements, subdivide Units or complete or make improvements on Units owned by Declarant, as the same may be indicated on maps or plats filed of record or filed with the.Community Declaration; (e) The right, but not the obligation, to construct additional Improvements on Common Elements, at any time from time to time in accordance with this Community Declaration for the improvement and enhancement of the Common Elements and for the benefit of the Community Association and the Owners; (f) The right of the Declarant to add or annex to this Community Declaration, the properties described in Exhibit C; (g) The right to designate, create or construct additional Units, Common Elements and Limited Common Elements,and to convert Units into Common Elements; (h) The right to amend the use restrictions included in this Community Declaration, together with the right to add new use restrictions; Page 38 of 52 Master Declaration,FINAL.wpd (IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII2Z02825P Sh*114Y Vane*-Gallatin Cc MT MISC sei.00 I I A (i) The right to exercise any development rights reserved; 0) The right to appoint or remove any officer of the Community Association or any Director during the Declarant control period; (k) The right to withdraw Units owned by Declarant, or by a Builder (at the request of Declarant from such Builder), from the Community and the terms of this Community Declaration, except for Units within or a part of a building, once a Unit in that building has been conveyed. Such withdrawal may be accomplished by the execution, acknowledgment and recordation of a notice of withdrawal. The notice of withdrawal(i) shall be executed and acknowledged by the Owner or Owners of the property to be withdrawn; (ii) shall, if not then owned by Declarant, contain the executed and acknowledged written consent of Declarant for so long as Declarant owns any property in the Project Area and has the power to annex additional property to the Community; (iii) shall contain an adequate legal description of the property to be withdrawn; (iv) shall contain a reference to the Supplemental Declaration for the portion of the Real Property to be withdrawn, which reference shall state the date thereof and the date of recordation thereof; and (v) shall contain a statement and declaration that the property sought to be withdrawn is withdrawn from the Community and from the effect of this Community Declaration; (1) The right to amend the Community Declaration, maps or plats in connection with the exercise of any development right; (m) The right to make amendments to the Community Declaration,Bylaws or Articles of Incorporation to meet or comply with any requirement of FHA or VA; (n) The right, for itself and for the Builders, to maintain signs, sales offices, mobile offices,temporary buildings,parking lots, management offices and models in Units of the Declarant or of a Builder or on the Common Elements; (o) The right, for itself and for the Builders,to maintain signs and advertising on the Community to advertise the Community or other communities developed or managed by, or affiliated with the Declarant; (p) The right to establish,from time to time,by dedication or otherwise,public streets and utility and other easements for purposes including but not limited to public access, access, paths, walkways, drainage, recreation areas, parking areas, ducts, shafts, flues, conduit installation areas, and to create other reservations,exceptions and exclusions; (q) Declarant expressly reserves the right to itself, and to Builder's, to perform warranty work, repairs and construction work and to store materials in secure areas, in Units and in Common Elements, and the future right to control such work and repairs, and the right of access thereto, until completion. All work may be performed without the consent or approval of any Owner or holder of a security interest. Declarant expressly reserves such easement through the Real Property as may be reasonably necessary for exercising reserved rights in this Community Declaration; Page 39 of 52 Master Declaration,FINAL.wpd 1111111111111111 Iilll Illlf 11111 IIIIIII���111111111 IN 092z02825P Shellav Vanoo-Gallatin Co MT MISC 601.00 (r) The right to exercise any additional reserved right created by any other provision of this Community Declaration; (s) Any rights created or reserved under this Article for the benefit of Declarant,for the express benefit of a Builder, may be transferred to any person by an instrument describing the rights transferred recorded in the real property records of the appropriate county. Such instrument shall be executed by the transferor and the transferee: (t) The consent of Owners or holders of security interests shall not be required for exercise of any reserved rights and Declarant or its assignees may proceed without limitation at its sole option. Declarant or its assignees may exercise.any reserved rights on all or any portion of the property in whatever order determined. Declarant or its assignees shall not. be obligated to exercise any reserved rights or to expand the Community beyond the number of Units initially submitted; (u) Recording of amendments to the Community Declaration and the map or.plat pursuant to reserved rights in this Community Declaration shall automatically effectuate the terms and provisions of that amendment. Further, such amendment shall automatically: (i) vest in each existing Owner the reallocated Allocated Interests appurtenant to their Unit; and (ii) vest in each existing security interest a perfected security interest in the reallocated Allocated Interests appurtenant to the encumbered Unit. Further, upon the recording of an amendment to the Community Declaration, the definitions used in this Community Declaration shall automatically be extended to encompass and to refer to the Community as expanded and to any additional Improvements, and the same shall be added to and become a part of the Community for all purposes. All conveyances of Units after such amendment is recorded shall be effective to transfer rights in all Common Elements, whether or not reference is made to any Amendment of the Community Declaration plat or map. Reference to the Community Declaration plat or map in any instrument shall be deemed to include all Amendments to the Community Declaration, plat and map without specific reference thereto; (v) The rights reserved to Declarant, for itself, and for Builders, their successors and assigns, shall expire as set forth above, unless (i) reinstated or extended by the Community Association,subject to whatever terms,conditions, and limitations the Board may impose on the subsequent exercise of the expansion rights by Declarant, (ii) extended, as allowed by law, or (iii) terminated by written instrument executed by the Declarant,recorded in the real property records of the appropriate county; and (w) Additions of Units to the Community may be made by persons other than the Declarant, or its successors and assigns or Owners, upon approval of the Community Association pursuant to a majority vote of the Board. Such approval shall be evidenced by a certified copy of such resolution of approval and a supplement or amendment to this Community Declaration,recorded in the real property records of the appropriate county. Page 40 of 52 Master Declaration,FINAL.wpd IIIIIIIIIIIIIuIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIiIIIIIIiI! ? @2825 �► Shelley Vance-Gallatin Cc MT MISC E01.00 Section 9.2 Development of the Community Supplemental Declarations Before or after portions of the Real Property are conveyed by Declarant or a Builder to Owners other than Declarant or a Builder, a Supplemental Declaration for such portions may be recorded which may supplement the covenants, conditions and restrictions contained in this Community Declaration, as provided for above. Upon recordation of a Supplemental Declaration, the property covered thereby shall be subject to all of the covenants, conditions, restrictions, limitations, reservations, exceptions, equitable servitudes and other provisions set forth in this Community Declaration,in addition to the Supplemental Declaration. Supplemental Declarations must meet or include the following criteria: I (a) The Supplemental Declaration must be executed and acknowledged by Declarant, by a Builder or by the owner or owners of that portion of the Real Property covered by the Supplemental Declaration; (b) If the property described in the Supplemental Declaration is not then owned by j Declarant and provided that the Period of Declarant Control has not expired, the Supplemental Declaration must contain the executed and acknowledged written consent of Declarant; (c) The Supplemental Declaration must include a reference to this Community Declaration, which reference shall state the date of recordation and the book and page numbers or reception number for this Community Declaration; (d) The Supplemental Declaration must contain an adequate legal description of the property subject thereto; (e) A statement that this Community Declaration shall apply to the added land as set forth therein; (f) Initial use designations, if any, of the Units; (g) Designation of any Local or Limited Common Elements,with allocated use rights and Sub Association Service Assessments,if applicable; (h) A designation of the Delegate District in which the added land is located or re- designation of any other Delegate Districts; and (i) If desired by the party executing the Supplemental Declaration, written approval of the VA or HUD, as determined and obtained by that party, for only the portion of the Real Property subject or to be subject to that party's.Supplemental Declaration,but only to the extent VA or HUD .regulations require ,such approval. No consent of the Community Association,the Board, other Owners or any other person shall be required. A deed by which Declarant conveys a parcel of property to another person may constitute a Supplemental Declaration if it meets the foregoing requirements. Supplemental Declarations may impose, on the portion of the Real Property affected thereby, covenants, conditions, restrictions, limitations, reservations, exceptions, equitable servitudes and other provisions in addition to those set forth in this Community Declaration, taking into account the unique and particular aspects of the proposed development of the property covered thereby. A Supplemental Page 41 of 52 Master Declaration,FINAL.wpd 11111111111i IIIII IIIII IIIII 11NI Illllll I II illlll III IIII ??�5 of 83 sheiiny Yana*-Galt&tln Co MT MISC 601.00 Declaration shall create a Common Interest Community; and, if so, shall provide for a Sub Association within the property described in the Supplemental Declaration and for the right of the Sub Association to assess such Owners. Section 9.3 No Annexation Required, Contraction of Proiect Area, Withdrawal of Annexed Property. Notwithstanding any other provision of this Community Declaration to the contrary,nothing in this Community Declaration shall be construed to obligate the Project Area, or any portion thereof, to be made subject to this Community Declaration. Declarant expressly reserves the right, in its sole discretion, to determine not to make the Project Area, or any portion thereof, subject to this Community Declaration. Further, as provided in this Community Declaration,Declarant also has certain withdrawal rights. Section 9.4 Declarant's Rights to Complete Development of Project Area No provision of this'Community Declaration shall be construed to prevent or limit Declarant's rights, and Declarant expressly reserves the right to complete the development of property within the boundaries of the Project Area and to construct or alter Improvements on any property owned by Declarant within the Project Area. ARTICLE 10 GENERAL PROVISIONS Section 10.1 Compliance and Enforcement. (a) Every Owner and occupant of a Unit shall comply with the Governing Documents, and each Owner shall have the right to enforce applicable covenants in this Community Declaration. (b) The Association, acting through the Board, may enforce all applicable provisions of this Community Declaration and may impose sanctions for violation of the Governing Documents. Such sanctions may include,without limitation; (i) imposing reasonable monetary fines, after notice and opportunity for a hearing, which fine shall constitute a lien upon the violator's Unit. (ii) suspending the right to vote; (iii) suspending any person's right to use any recreational facilities; provided, however, nothing herein shall authorize the Board to limit ingress or egress from a Unit; (iv) suspending any services provided by the Association to an Owner or the Owner's Unit if the Owner is more than thirty (30) days delinquent in paying any Assessment or other charge owed to the Association; (v) exercising self-help or taking action to abate any violation of the Governing Documents in a non-emergency situation; Page 42 of 52 Master Declaration,FINAL.wpd IIIIII IIIII IIIII IIIII IIIII IIIII IIIIIII III IIIIII(11 III! 2w4�883 5 Shelley Vano■-Gallatin Co MIT MISC 801.00 j j (vi) requiring an owner, at its expense, to remove any structure or Improvement on such Owner's Unit in violation of the Governing Documents and to restore the Unit to its previous condition and, upon failure of the Owner to do so,the Board or its designee shall have the right to enter the property, remove the violation and restore the property to substantially the same condition as previously existed and any such action shall not be deemed a trespass; (vii) without liability to any person, precluding any contractor, subcontractor, agent, employee, or other invitee of an Owner who fails to comply with the terms and provisions of the Article entitled "Residential Renovation and Remodeling Design Review" and the Renovation and Remodeling Criteria from continuing or performing any furr_1er activities in the Community;and (viii) levying specific Assessments to cover costs incurred by the Association to bring a Unit into compliance with the Governing Documents. (c) In addition,the Association,acting through the Board,may take the following enforcement procedures to ensure compliance with the Governing Documents: (i) exercising self-help in any emergency situation(specifically including,but not limited to, the towing of vehicles that are in violation of any parking rules and regulations); or (ii) bringing suit at law or in equity to enjoin any violation or to recover monetary damages or both. (d) In addition to any other enforcement rights, if an Owner fails to properly perform his or her maintenance responsibility, or otherwise fails to comply with the Governing Documents,the Community Association may record a notice of violation or perform such maintenance responsibilities and assess all costs incurred by the Community Association against the Unit and the Owner as an Assessment. If a Sub Association fails to perform its maintenance responsibilities, the Community Association may perform such maintenance and assess the costs against all Units within such Sub Association. The Community Association shall provide the Owner or Sub Association reasonable notice and an opportunity to cure the problem prior to taking such enforcement action. (e) All remedies set forth in the Governing Documents shall be cumulative of any remedies available at law or in equity. In any action to enforce the Governing Documents, the prevailing party shall be entitled to recover all costs, including, without limitation,attorneys fees and court costs,reasonably incurred in such action. (f) The decision to pursue enforcement action in any particular case shall be left to the Board's discretion, except that.the Board shall not be arbitrary or capricious in taking enforcement action. Without limiting the generality of the foregoing sentence, the Board may determine that, under the circumstances of a particular case: Page 43 of 52 Master Declaraticn,FINAL.wpd '� 1 11111 IN 11111111111111111111111101 2Z0 a 818 GO SP 6halleY Vanoa-Gallatin Cc MT MtSC 601.00 (i) the Association's position is not strong enough to justify taking any or further action; (ii) the covenant, restriction or rule being enforced is, or is likely to be construed as,inconsistent with applicable law; (ill) although a technical violation may exist or may have occurred, it is not of such a material nature as to be objectionable to a reasonable person or to justify expending the Community Association's resources;or (iv) that it is not in the Community Association's best interests, based upon hardship, expense or other reasonable criteria,to pursue enforcement action. Such a decision shall not be construed as a waiver of the Community Association's right to enforce such provisions at a later time under other circumstances or preclude the Community Association from enforcing any other covenant,restriction or rule. Section 10.2 Joint Right to Enforce Junior or Subordinate Covenants The Community Association, after first giving written notice to any governing Sub Association or applicable or appropriate committee, if any, shall have the right to enforce, by any proceeding at law or in equity, all subordinate or junior restrictions, conditions, covenants, reservations, rules, regulations and architectural guidelines, now or hereafter imposed by the provisions of any subordinate or junior covenants, protective covenants, declaration, rules, regulations or guidelines on all or any portion of a Unit in this Community (including covenants for the . payment of Assessments established in such subordinate or junior declaration if expressly permitted or delegated). Further, the Community Association shall be entitled to enjoin any violation thereof, to cause any such violation to be remedied, or to recover damages.resulting from such violation. In addition, violation of any such condition, covenant, restriction, reservation, rule, regulation or guideline shall give to the Community Association the right to enter upon the portion of the Unit wherein said violation or breach exists and to summarily abate and remove, at the expense of the violator, any structure, thing or condition that may be or exist thereon contrary to the intent and meaning of the applicable provisions of such subordinate or junior governing documents. No such entry by the Community Association or its agents shall be deemed a trespass, and the Community Association and its agents shall not be subject to liability for such entry and any action taken to remedy or remove such a violation. The cost of any abatement, remedy or removal hereunder shall be a binding personal obligation on the violator. Further, the Community Association shall have the right, power and authority to establish and enforce penalties or monetary charges for violations of any subordinate or junior declaration, rules, regulations and architectural guidelines, and such penalties and/or monetary fines shall be a binding personal obligation of any violators. In any legal or equitable proceeding for the enforcement of such provisions, whether an action for damage, declaratory relief or injunctive relief, or any other action, the party prevailing in such action shall be entitled to recover from the losing party all of its costs, including court costs, administrative fees and reasonable attorneys' fees. The prevailing party shall be entitled to said attorneys' fees even though said proceeding may be settled prior to judgment. 'All remedies provided herein or at law or in equity shall be Page 44 of 52 Master Declaration,FINAL.wpd Pagel 49 or 2202825 I��I�I III��l�lll I�III l�il��III�Illl�l���I II�III 11��I�I 09122/2005 12a00P Shellev vanes-Gallatin Co MT MISC e01.90 cumulative and are nonexclusive. Failure by the Community Association to enforce any covenant or restriction contained in any subordinate or junior governing documents shall in no event be deemed a waiver of the right to do so thereafter. Section 10.3 Violations Constitute a Nuisance. Any violation of any provision, covenant, condition, restriction or equitable servitude contained in this Community Declaration, whether by act or omission, is hereby declared to be a nuisance and may be enjoined or abated, whether or not the relief sought is for negative or affirmative action, by any person entitled to enforce the provisions of this Community Declaration. Section 10.4 Remedies Cumulative. Each remedy provided under this Community Declaration is cumulative and nonexclusive. Section 10.5 Severability. Each of the provisions of this Community Declaration shall be deemed independent and severable. If any provision of this Community Declaration or the application thereof to any person or circumstances is held invalid, the invalidity shall not affect other provisions or applications of this Community Declaration which can be given effect without the invalid provisions or applications. • Section 10.6 Term of Community Declaration. The covenants and restrictions of this Community Declaration shall run with and bind the land in perpetuity. Section 10.7 Amendment of Community Declaration. Map or Plat by Declarant . .Until the first Unit has been conveyed by a Builder or by Declarant to a Unit Owner other than the Declarant or a Builder, by deed recorded in the real property records of the appropriate county, any of the provisions, covenants, conditions, restrictions and equitable servitudes contained in this Community Declaration, the Exhibits of this Community Declaration, or the map or the plat may be amended by Declarant by the recordation of a written instrument, executed by Declarant, setting forth such amendment. Thereafter, if Declarant shall determine that any amendments shall be necessary in order to make non-material changes, such as for the correction of a technical, clerical or typographical error or clarification of a statement or for any changes to property not yet part of the Community, then, subject to the following sentence of this Section, Declarant shall have the right and power to make and execute any such amendments without obtaining the approval of any Owners. Each such amendment of this Community Declaration shall be made, if at all,by Declarant prior to the expiration of forty(40)years from the date this Community Declaration is recorded. In furtherance of the foregoing, a power coupled with an interest.is hereby reserved and granted to Declarant to make or consent to an amendment under this section on behalf of each Owner and holder of a security interest. Each deed, security interest, other evidence of obligation or other instrument affecting a Unit and the acceptance Page 45 of 52 Master Declaration,FINAL.%Ypd 1111111111111111220Be of 83 P �► IIIIIIillllll1111IIIilIIIII11111IIIII I i shelley Vanoa-Gallatin Co MT MISC EQ1.aa thereof shall be deemed to be a grant and acknowledgment of, and a consent to the reservation of,the power of Declarant to make,execute and record an amendment under this Section. Section 10.8 Amendment of Community Declaration by Owners. Except as otherwise r expressly provided in this Community Declaration, and subject to provisions elsewhere contained in this Community Declaration requiring the consent of Declarant or others, any provision, covenant,'condition, restriction or equitable servitude contained in this Community Declaration may be amended, repealed, added to, and/or changed by the addition of new or different covenants, conditions.or restrictions at any time and from time to time upon approval of: (a) at least fifty-one percent (51%) of the votes directly from the Residential Units; and (b) at least fifty-one percent(51%) of the votes directly from the Commercial Units; and (c) at least fifty-one percent(51%) of the votes directly.from any other class of Unit, as such classes may subsequently be established by Declarant,and with the written consent of the Community Association. The Delegates shall not be empowered to vote on any such amendment, as the right to amend is exclusively reserved to the Owners, as above provided. An amendment or repeal shall be effective upon the recordation in the real property records of all counties of which the Community is a part, which may include the City and the County of Gallatin, State of Montana, of a certificate, setting forth the amendment in full and certifying that the amendment has been approved as set forth above, and containing the written consent and approval of the Community Association. Section 10.9 Amendment Required by Mortga eg_'A eng eies . Prior to forty (40)years after recording of this Community Declaration,any provision, covenant, condition,restriction or equitable servitude contained in this Community Declaration which FHA, VA, FHLMC, GNMA, FNMA or any similar entity authorized to insure,guarantee,make or purchase mortgage loans requires to be amended or repealed shall be amended or repealed by Declarant or the Community Association. Any such amendment or repeal shall be effective upon the recordation in the real property records of all counties of which the Community is a part, which may include the City and the County of Gallatin, State of Montana, of a certificate, setting forth the amendment or repeal in full. Section 10.10 Required Consent of Declarant to Amendment Notwithstanding any other provision in this Community Declaration to the contrary, any proposed amendment or repeal of any provision of this Community Declaration reserving development rights or for the benefit of the Declarant, or the assignees, shall not be effective unless Declarant, and its Page 46 of 52 Master Declaration,FINAL.wpd 1Page: 51 of 2202825 III�I�Illll IIIII Illy IIIII IIIII IIIIIII III IIIIII III IIII 0912212005 12300P Sheller Vance-Gallatin Cc MT MISC 601.00 • assignees, if any, have given written consent to such amendment or repeal, which consent may be evidenced by the execution by Declarant or its assignees of any certificate of amendment or repeal. The foregoing requirement for consent to any amendment or repeal shall terminate upon the expiration of the Period of Declarant Control. Section 10.11 Validity of Amendments . Any action to challenge the validity of an amendment of this Community Declaration must be brought within one year after the amendment is recorded in the real property records of all counties of which the Community is a part, which may include the County. of Gallatin, State of Montana. Section 10.12 Interpretation. The provisions of this Community Declaration shall be liberally construed to effectuate their purposes of creating a uniform plan for the development of the Units and of promoting and effectuating the fundamental concepts as set forth in the recitals of this Community Declaration. This Community Declaration shall be construed and governed under the laws of the State of Montana. Section 10.13 No Representations or Warranties. No representations or warranties of any kind, express or implied, shall be deemed to have been given or made by Declarant or its agents or employees in connection with any portion of the Community, its or their physical condition, zoning, compliance with applicable laws, fitness for intended use, or in connection with the subdivision, sale, operation, maintenance, cost of maintenance, taxes or regulation thereof,unless and except as shall be specifically set forth in writing. Section 10.14 Singular Includes the Plural . Unless the context otherwise requires, the singular shall include the. plural, and the plural shall include the singular, and each gender referral shall be deemed to include the masculine, feminine and neuter. Section 10.15 Captions. All captions and titles used in this Community Declaration are intended solely for convenience of reference and shall not enlarge, limit or otherwise affect that which is set forth in any paragraph,section or article hereof. Section 10.16 Liberal Interpretation . The provisions of this Community Declaration shall be liberally construed as a whole to effectuate the purposes of this Community Declaration. Section 10.17 Governing Law. This Community Declaration shall be construed and governed under the laws of the State of Montana. Master Declaration,FINAL.wpd �► 111111111111111111i11111111111111111i111111111111111I112202 of 93 Shelley Vanoa-Gallatin Cc MT MISC 801.00 IN WrrNESS WHEREOF,the Decl t has caused this Community Declaration to be executed by its duly authorized agent this day of September,2005. Baxter Meadows West,LLC, a M ana limit i ility co pany Thomas L.Clinton AA C) ; ,n Gerald R. Williams STATE OF MONTANA ) ss. COUNTY OF • The foregoing Community Declaration was acknowledged before me this day of September,2005,by THOMAS L. CLINTON AND GLRALD R. WILLIAMS,as Managing Members of Baxter Meadows West,LLC, a Montana limited liability company. Witness my hand and official seal. 4�.� Notary Public for the State of Residing at A. y �� My Commission expires:a, (_ )tqv Master Declaration,FINAL.wpd Q 2202v25p Shelley Vance-Oallatln Cc MT MISC 601.00 EXHIBIT A PROPERTY WHICH ONCE OWNED BY DECLARANT MAY BE ADDED TO THE COMMUNITY DECLARATION All of those lands situated in Tracts 2A and 4A of Certificate of Survey No. 2202A, located in the NE 1/4 of Section 3,Township 2 South,Range 5 East and the S %2 of Section 34,Township 1 South,Range 5 East,P.M.M., Gallatin County,Montana, according to the official plat thereof on file and of record in the office of the County Clerk and Recorder of Gallatin County,Montana. • Page 49 of 52 Master Declaration,FINAL.wpd IIIIIIIIIIIlIIIIIIIIIIIIIIIlIIIIlllllllllllllllllllllll 22O�803 5P Shelley Vance-Callatln Cc Mt MISC 501.00 • EXHIBIT B INITIAL REAL PROPERTY 1. Legal description: All of those lands situated in Tracts 2A and 4A of Certificate of Survey No. 2202A, located in the NE 1/4 of Section 3,Township 2 South,Range 5 East and the S 1/h of Section 34,Township 1 South,Range 5 East,P.M.M.,Gallatin County,Montana, according to the official plat thereof on file and of record in the office of the County Clerk and Recorder of Gallatin County,Montana. 2. The above Real Property is also subject to the following documents of record: a. Notice Regarding Baxter Meadows Master Community b. Other documents and written instruments of record. Master Declaration,F]NAL.wpd II illll IIIII iilll Ilfll fell IIIiI 1111111 III lllllll�l Ilil 2202825 Shelley Vanoa-Gallatin Cc MT MISC 601.00 • EXHIBIT C ADDITIONAL PROPERTIES THAT MAY BE ADDED Any lands adjacent to and contiguous with that land area described within Exhibit"A" above. • Page 51 of 52 Master Declaration,FINAL.wpd l llllll lllll llnl lull lull lull lilllll 111 1111111 II lilt 22O?8�5P Shelley Vanaa-Gallatln Cc MT MISC E01.00 J i i I i i i i � , f I S F I 1 • • A 1 � f J-410 i /NT rL-oFj c.,ar 02,G Nat... Tt : /mil.AtitA/tA!to Z)e-PAvz:%Aue&J, �c7 Lomas• OLrVg S'7"2EE'/ co � oNv"� Nog m^9 N•« N.a a U a s = � c s C DESIGN REVIEW GUIDELINES AND REGULATIONS OF BAXTER MEADOWS MASTER COMMUNITY ASSOCIATION • • DESIGN REVIEW GUIDELINES AND REGULATIONS OF BAXTER MEADOWS MASTER COMMUNITY ASSOCIATION The integration of buildings, improvements and landscape within Baxter Meadows Master Community Association (BMMCA)is essential to the success and appearance of the G:)mmunity. As provided in section 8.1 of the BMMCA Declaration, any and all construction, alt•-.rations or improvements, and front yard landscaping shall be subject to advance approval by the BMMCA Design Review Board (DRB). Any deviation from approved plans shall be re-submitted to the Design Review Board for approval. Site Design Regulations serve to protect and enhance the natural landscape,stream corridors,view sheds and natural habitat. No structures, including residences,outbuildings,accessory buildings,tennis courts,swimming pools,antennas (except as otherwise permitted in this Declaration), flagpoles,fences,walls, exterior lighting, landscaping,or any other Improvements shall be constructed,erected, relocated, removed or installed on a Unit or on any lot,nor shall any painting,alteration or change to the exterior of the Improvements,the exterior of a residence,to a Unit or to any lot front yard or to any structure or any attachment to the exterior of a residence(including paint,awnings, ?atios, decks,or shutters)be commenced unless:complete plans and specifications shall have been first submitted to and approved in writing by the DRB("Committee")as may be outlined in the Rules and Regulations. Additional written approval may be required by sub Architectural Review Committee administered by any Sub association. 1. DESIGN REVIEW PROCESS I Section 1. Submission of Plans Before Construction. No residence, fence,wall,garage, outbuilding or other structure shall be made, erected, altered or permitted to remain upon the properties until written plans and specifications showing the design, nature, kind, color, dimensions, shape, elevations, material, use and location of the same shall have been submitted and approved, in writing, by a majority of the DRB as to compliance with these Covenants, as well as appropriate City of Bozeman review,permitting and fee payment.All plans submitted to the City of Bozeman Building Division must have the Baxter Meadows Design Review Board stamp of approval. Section . General Requirements. Not less than ninety (90) days prior to the anticipated date of construction commencement, Applicant shall submit two copies of the required documents (see Form "A" attached) for each design review to the following: Deliver or maul to: Baxter Meadows Design Review Board(DRB) c/o Intrinsik Architecture,Inc. 428 E.Mendenhall Street Bozeman, Montana 59715 Submittals must be labeled with "Baxter Meadows Design Review Board" and specific project title and address. Page I of 19 Master Design Review Guide[nes,F1NAL.wpd {{IIlI!II{{l IIIII{l{II NIII I{IIII IIlIII Ill II{{!Ill[III 220?f 2a snail•v v.nc.-0411atln Cc M7 MISC 140.00 Upon DRB review, the owner will be notified within ten(10) business days after the start of the review cycle date that the design has been approved, approved with stipulations or disapproved. Applications which are submitted to the DRB incomplete will be returned and may be subject to a re-submittal fee. The reasons for approval with stipulation and disapproval will be clarified for the owner in writing and/or with drawings. If the DRB,does not contact the owner within ten (10) business days of the review commencement date,the application shall be deemed"dissapproved". An application for withdrawal may be made without prejudice, provided the request for withdrawal is made in writing to the DRB. All variance requests pertaining to the DRB approvals must be made in writing to the DRB. Any variance granted shall be considered unique and will not set any precedent for future decisions. If an application has been denied, or the approval is subject to conditions that the owner feels are unacceptable, the owner may request a hearing before.the DRB to justify his/her position. The j DRB will consider the arguments and facts presented by the owner and notify the owner of its final decision within ten(10)days of the hearing. Section 3. Construction Completion. If construction of a structure is not commenced within one year after DRB approval, a new DRB application must be submitted. No construction shall be commenced without a valid DRB approval. Any structure to be erected in accordance with an approval so given must be erected and completed within one year from the date of construction commencement. If any structure is • commenced and is not completed in accordance with the plans and specifications within one year, the Directors of the Association, at their option, may take such action as may be necessary, in their judgment, to improve the appearance so as to make the property harmonious with other properties and to comply with these Covenants, including completion of the exterior of the combination thereof, or removing the uncompleted structure or similar operations. The amount of any expenditure made in so doing shall be an obligation of the owner. A lien on the property may be recorded and shall be enforceable by an action at law. In lieu thereof, the Association may take such action as is available by law,including an injunction,or action for damages. Section 4. Inspection Procedure. Inspections are required to ensure that construction proceeds in compliance with these covenants and the approved drawings. An inspection is required at each of three stages of construction: framing, siding, and landscaping. The owner shall request an inspection of the improvements by the DRB. Owners are responsible for scheduling an inspection accordingly: 1)when the framing is complete; 2)when siding is at a point, prior to completion,to allow the DRB to see the siding and cladding product(s)installed in their planned locations;and 3)when landscaping components (beds,plants,sod, irrigation,and trees)are installed in their planned locations. The inspections shall only determine compliance with the covenants and approved-plans. If the DRB find the improvements were not completed in strict compliance with the covenants and approved plans, the DRB shall notify the owner of the noncompliance within seven(7) days of the inspection request and shall require remedy of the same. The owner shall have seven (7)days Page 2 of 19 Master Design Review Guidelines,F[NAL.wpd IIIIII IIJII IIIII JJIII IIIII IJIIII IIIIII III IIIII IIlI III! zz0?f 20 • Shelley Vance-Gallatin Cc M7 MISC 140.00 I J • from the noncompliance notification to remedy the noncompliance or shall submit a work plan delineating the time frame when the noncompliance will be remedied.The DRB may allow up to forty-five (45) days for the noncompliance to be remedied if the submitted work plan provides adequate justification for the requested time. No occupancy of the project shall take place prior to written DRB approval,as well as payment of all inspection and review fees, and any outstanding costs, unless otherwise allowed. If the noncompliance is not remedied within seven (7) days of notification and the owner does not provide a work plan within said time, or if the noncompliance is not remedied within the time frame provided in the work plan as approved by the DRB,the DRB may, at their option, remedy the noncompliance. The owner shall reimburse the DRB upon demand for all expenses incurred in connection therewith. If the owner does not promptly repay such expenses,the DRB shall levy an assessment and file a lien against such owner and the improvement in question and the land on which the same is situated for reimbursement and the same shall be enforced and/or foreclosed upon in the manner provided for by law. No occupancy of the project shall take place prior to written DRB approval as well as payment of both inspections and any outstanding costs, unless otherwise allowed. Section 5. Liability and Variances. Neither the Association, the Declarant, the Directors, the DRB nor the individual members . thereof, may be held liable to any person for any damages for any action taken pursuant to these • Covenants, including but not limited to, damages which may result from correction,amendment, changes or rejection of plans.and specifications, the issuance of approvals, or any delays associated with such action on the part of the Board of Directors. Further, the Committee may, upon• application, grant a variance from the Architectural Regulations,provided that the spirit of these Design Guidelines is complied with.The Committee shall have the duty and power to make the final decision on the granting of the variance, without any liability being incurred or damages being assessed due to any decision of the Committee. Within all section of these Design Guidelines,when a variance is indicated that it may be granted, the variance must be requested and approved by the DRB and/or the Bozeman City Commission, as applicable, depending on whether the variance is from the Covenants or from the current City Zoning Ordinance or both. Section 6. Design Review Procedure. STEP 1: Construction Desin Review. In addition to verifying the required setbacks, this review checks the designs for correct interpretation of the Architectural Regulations,checks the construction documents for compliance with the DRB and verifies that the previous DRB recommendations have been incorporated. Conformity to applicable local regulations and building codes, as well as obtaining appropriate permits is the responsibility of the architect and/or builder. Forms Required: Acknowledgement Form Page 3 of 19 Master Design Review Guidelines FINAL.—A • llllIIIIII111111IIII�III IIIIIII z20�820 21G0P I11111111111IIlllIIIIII shelLey vanes-cailatln Co MT MISC 140.00 Form A-Construction Design Review Application Review Fee: Review Fee: $300 for each single family and duplex unit projects. Previously approved plans are subject to a design review fee of$200. Incomplete applications which are returned to Applicant may subject to a $100 re-submittal fee. Fees are based on each individual property. Minimum Drawings Required: , • Site Plan(118"= 1'-0"scale or larger)showing- North arrow. Property lines and setback lines with dimensions. Building footprints with entry area delineated and overhangs shown as dashed lines. Garden walls,fence lines,location,height and material quality of retaining walls. Water,electric and sewer service. Grading plan. Location of streets. Location,dimensions and materials for walks and drives. Limits of construction activity (no construction, traffic or storage of materials will be permitted beyond these limits). Exterior light locations and type. Location of external equipment(electric meter, location of waste bins,etc.) • Floors Plans(1/4"= I'-0')showing: Foundation plan dimensioned. Room use labeled and rooms dimensioned. Wall,window and door openings dimensioned. Exterior walls dimensioned. All overhangs of floors and roofs as dashed lines. Gross square footage. • Elevations&Sections showing: Each Elevation at'/4'= F-0"with colors rendered of fronting street elevation. • Landscape Plan: Including plant listing (name, planting and mature sizes) and their respective locations. • Material Samples: As requested by DRB. Siding and trim sample with actual color applied'. STEP 2:Construction Commencement. Construction may not commence without the approval of the City of Bozeman Building Division, necessary permits obtained and fees collected. A copy of Form A- Construction Design Review Application bearing the DRB approval letter must accompany City of Bozeman building permit applications. Page 4 of 19 Master Design Review Guidelines,FINA/L..wpd Pa �+ Page: 5 of 20 • 005 12.00P Shelley Vance-Gallatin co MT mise 140.00 • The DRB reserves the right to inspect in the field for compliance during any stage of construction. The DRB is empowered to enforce its policy as set forth in the Baxter Meadows Master Community Declaration by any action,in law or equity,to ensure compliance. H. Topography and Features 1. Response to Character of Land Form: Development Areas shall be designated upon all new sites in order to assure that each building site responds to the existing topography, tree masses and adjacent properties. All site plans must indicate surface drainage patterns. 2. Relationship to Open Space: Estate Homes Buildings shall be located in a manner that preserves the character of the open space within the community. When an entirely open site is developed,buildings shall be organized in a cluster that diminishes the scale and impact of the building in the landscape. In addition,indigenous landscape materials shall be introduced to minimize the exposure of the building. Manicured lawns shall be separated from the established native vegetation with landscape materials. 3. Stream Corridor Protection: All buildings and improvements shall maintain a minimum setback of 50 feet from the annual high water line of all streams,rivers,creeks and water courses within all • development districts of Baxter Meadows. Uses within the stream setback shall be limited to planting of native riparian vegetation,maintenance of existing non-native vegetation,and the control and maintenance of noxious weeds. The removal of existing native vegetation within the stream shed protection area is not permitted. U.I.Improvements 1. Driveways&Parking: Site access,when entered from the street,shall be perpendicular to the street. Parking areas and garage doors shall not be the primary visual element of any residence. Landscaping materials shall be used to diminish the impact of the entry to the garage. All parking shal I be within the lot boundary,off public and private rights-of-way. No driveway or access shall be allowed to encroach into the side yard setbacks other than those on shared driveway easements filed of record. The construction and maintenance of all driveways and culverts shall be responsibility of the owner. Driveways and parking areas shall be crowned and sloped for adequate drainage and safety. Driveway and parking surfaces shall be constructed of concrete paving units, stone cobbles,asphalt or concrete. Any other material shall be approved by the BMMCA DRB. Materials shall restrict weed growth and maintain a clearly defined edge between the landscaped area and the driveway surface. Materials shall withstand deterioration from winter snow plowing and erosion. Page 5 of 19 Master Design Review Guldelines,FINAL.wpd IIIIII llll�Illi�IIIII I�bli IIIIII I III III IIII�IIII ll�l 2202826p Shelley Vana"allatln Co Mr MISC 140.00 Driveways shall be limited in width to 14 feet minimum and 16 feet maximum at the intersecting street. Drives can be expanded to 24 feet at turn-around areas and parking structures. Maximum driveway grades shall not exceed 1:20 for the first 20 feet from the roadway, and shall not exceed 1:10 slope beyond. 2. Privacy Screens and Retaining Walls: Privacy screens may be used in conjunction with a hot tub or sunning deck. The screening shall be consistent with the overall design,construction and materials of the existing building. Privacy screens shall not be taller than the edge of the roof eaves,and shall not be longer than 16 feet in uninterrupted length. Retaining walls shall be an integral part of the overall design of the site and building. Retaining walls shall not be greater than 4 feet in height,or 24 feet in uninterrupted length. Retaining walls can also be used as a screening device to obscure service areas such as the view of a driveway from the main road. Retaining walls shall be constructed of wood,stone, or approved masonry products, and shall blend into the contour of the existing landscape. Utility boxes and pedestals owned by utility providers shall not be screened or buffered so as to inhibit access and/or function to such above-grade utility systems. 3. Walkways,Paths and Trails: Walkways,paths and trails introduce places for pedestrians within the built and natural environment. The size and character of such paths shall respond to the surrounding buildings and site in the form of material,scale and configuration. Paving units,stone,textured • or exposed aggregate concrete and wood shall be the only acceptable materials. Detailed drawings of paths shall be required as a part of the Final Plan review requirements. M. Utilities and Site Details 1. Utilities: (natural a electric, All utilities(n ral gas,a Ic,telephone' elephone.and television cable)shall be installed underground. No antenna or satellite dish shall be installed on any structure,lot or Unit so that it is visible from any street. 18"satellite dishes shall not be required to be screened from adjacent lots. Larger satellite dishes are not permitted. Meters shall be placed in a location so as to be accessible to the meter reader and yet not visible from adjoining roadways. All conduit wires servicing the meter shall be beneath the exterior wall sheathing or enclosed. Meters,transformers and other utility boxes shall be concealed with landscaping. 2. Radon: Radon gas is a hazard found in all soil types throughout the country,and should be anticipated in Baxter Meadows. The owner and architect shall contract an EPA certified installer who shall be responsible for introducing mitigation measures into the design of the building,conducting appropriate tests for radon,and activating the system if necessary. Page 6 of 19 Master Design Review Guidelines,FINAL.wpd ll II�I�I IIII� 220282 6 0902111111111111111 HE 111111111101 IN 12212005 1tOma Shelley Vance-Gallatin Cc MT MISC 140.00 3. Wood Storage: Firewood shall be stored outdoors shall be stacked in an enclosed area,such as a garage,covered porch,or structure designed for the Storage of wood,so as to be invisible to neighboring owners and the street frontage. Such structures shall be architecturally compatible with the material and color of the primary structure,and shall be integrated into the design of the building. 4. Garbage and Refuse Disposal: Trash,garbage and other waste shall not be kept except in sanitary containers. All equipment,garbage cans,wood piles,compost piles or storage piles shall be screened or concealed from view of other dwellings and Common Areas. Sanitary containers may be placed on the street curb for collection only on collection days. IV. Landscape Controls 1. Definitions: Cal iper: The diameter of the trunk measured six inches above ground level up to and including four inch caliper size,and measured twelve inches above ground level if the measurement taken at six inches above ground level exceeds four inches. ff a tree is of a multi- trunk variety,the caliper of the tree is the average caliper of all of its trunks. Corner Lot: A lot located adjacent to two public streets where those two streets intersect at a perpendicular angle. Mulched Bed: An area within a yard with no turf and 3"minimum depth • landscape mulch. Landscape mulches include but are not limited to river rock(typ)or landscape bark(i.e. shredded cedar)(typ)etcetera,separated or contained by appropriate edging material (aluminum,metal,or similar). Yard: A space on the same lot with a principal building,which is open and unoccupied from the ground upward or from the ground downward other than by steps,walks, terraces,driveways,lamp posts and similar structures,and unobstructed by structures. Yard,Front: A yard extending across the ful l width of the lot between two side lot lines the depth of which is the least distance between the street right-of-way and the front building line. Yard.Rear: A yard extending across the full width of the lot between the two side lot lines and between the real line and a parallel line tangent to the rear of the principal building and the depth of which is the least distance between the rear lot line and the parallel line. Yard.Side: A yard extending between the front building line and the rear building line,the width of which is the least distance between the side lot line and the nearest part of the principal building. 2. Installation: Street Trees: Baxter Meadows Development shall control the installation of street and boulevard trees. Page 7 of 19 Master Design Review Guidelines,F1NAL.wpd • llllllllllllll 2 f 20 I IIIIII lllll Illll IIIII IIIII IIIIII IIIIII 11 Shelley Vanaa-Gallatin Co MT MISG 140.00 !IIIIII lllll 11111111111111111 111111111111111111111111111111111 ??��f 20 Shelley Vance-Gallatin Cc MT MISG 140.00 f Soddin • Sodding of front yards shall be the responsibility of the builder. On any yards where sodding has not been provided by the builder,the homeowners are responsible for sodding or seeding within one(1)year of property purchase. Mulched Beds: Front yards will be instal led with 4-8 shrubs within a mulched bed and shall be the responsibility of the builder. In addition,each home will have a meandering 18"-24"min.wide mulched bed around its perimeter in the rear and side yards to reduce water and mowing damage to the architectural siding. Trees: Trees installed by homeowner are to be planted within property lines. Prior to planting,a utility line locator service must locate utility lines. Trees must not be planted in front yards where they may conflict with utility lines. The minimum required installation shall be(3)small shade trees of 1-2"caliper or one 5' high conifer(evergreen). Recommended species include: Ash (Fraxinus), Honeylocust(Gleditsia Triacanthos),Linden (Tilia),Locust(Robinia Pseudoacacia),Maple(Acer),Mountain Ash(Sorbus Aucaparia),Oak(Quercus), I Walnut(Juglans Nigra). Installation shall be the responsibility of the builder. The required installation of a shade tree within 18 months of purchasing property in Baxter Meadows may be substituted for one non-canopy tree (evergreen/conifer). The non-canopy tree must have a min.height of 5'. Heights are measured from the top of the root ball to the plants highest point. Trees installed by homeowners may be planted in front,side or rear yards as long as • they are not in conflict with the utility lines and are on the owner's property. Fencing: Any fences installed at the option of an owner shall be no taller than six feet and shall be constructed of wood only. Panel fencing shall have"dog-eared"panels. All owners shall have a locator service locate utility lines prior to digging. Fencing other than that described above must be approved by the Design Review j Board prior to installation. i i 3. Maintenance: Every homeowner shall be responsible for the care of his or her entire lot excluding only the street right-of-way. Maintenance includes lawn care,irrigation and weed control. Mulched beds shall be weed controlled by a consistent spray regime or manual weeding. Pesticides,herbicides, fertilizers, etc. If used shall be applied in strict accordance with the manufacturer's instructions and all applicable laws and in accordance with USDA and the EPA. Every homeowner shall be responsible for the care.of his or her lot excluding areas maintained by the BMMCA or any Sub Association. 4. lrrisyation Installation and Maintenance: The builder shall be responsible for the installation of irrigation systems within the areas described below. Landscaping plans(including the proposed irrigation equipment to be installed)must be provided to the BMMCA DRB for approval Prior to installation. On homes that are irrigated from the BMMCA or any Sub Association system,a list of compatible equipment will be required for installation to ensure proper watering. Page 9 of 19 Master Design Review Guidelines,FINAL.wpd • i 111 111page: 10 of 20 2202826P I Illlli IIIII IIIII 11111 Illil 111111 IIIIII Ill 111111109/2212005 • Yhallav Vanoe—Gallatin Cc MT MISC 140.00 The builder shall install separately metered irrigation systems which are controlled by each individual owner. At a minimum,builder shall install front yard piping,heads,and a controller with sufficient capacity for the owner to install an irrigation system in the rear yard. Every homeowner shall be responsible for the maintenance of their entire system excluding only the street right of way. II. BUILDING FORM REGULATIONS The intent of the following building design regulations are to develop architectural unity within the districts of Baxter Meadows while allowing for the vitality of individual expression. A. Buildine Height I. Residential Buildines: Building heights within all residential areas of the BMCPOA shall be limited to a maximum of 38 feet.Building height shall be measured from the higbest ridge to the adjacent grade. The maximum building height shall never exceed that stipulated and governed by the City of Bozeman. With the approval of the DRB, chimneys,cupolas and other rooftop architectural features may exceed the given maximum height limitations by no more than 4 feet. On complex buildings with multiple heights,the building height shall be . determined by calculating the highest ridge line of the building,and measuring to the average of the highest and lowest finished grade. The final elevation of the finished surface materials,whether soil,paving,or decking shall be indicated as the finished grade,abnd shall be shown on the Architect's drawings. B. Roof Form The architecture within Baxter Meadows shall complement and respond to the natural qualities of Bozeman. The consistency and compatibility of roof shapes, pitches and materials will contribute significantly to the continuity of the character of Baxter Meadows. The following design regulations have been developed to allow for distinct building forms while addressing the character of the entire community. Exterior walls shall not exceed 40 feet in length without a change of orientation such as the introduction of dormers,projected bays,or recesses greater than 2 feet. When refining roof forms consideration shall also be given to the prevention of excessive snow build-up and snow shedding. 1. Shape and Pitch: When examining roof shapes and pitches for buildings within Baxter Meadows, designers should consider the simple shapes and pitches of buildings found within traditional neighborhoods. Gable,hip,and modified hip roofs shall be the only acceptable roof forms. Shed roofs shall not be major roof forms. Mansard roofs,pseudo-mansard roofs,curvilinear roofs,and A-frame roofs shall not be allowed for any roof form. Variation in orientation of the dominant roof form is essential to the successful design of large buildings. Dominant roof forms shall not exceed 40 feet in length without a change in orientation or introduction of dormers. Page 9 of 19 Master Design Review Guidelines,FINAL.wpd 111111111111111111111111111111111111111111111111111111122@�$?O ShalleY Vance—Gallatin Cc MT MIGG 140.00 Within all Development Areas,roof slopes shall be a minimum of 6:12 and a maximum of 12:12. Secondary roofs may be gable,shed,hip,and modified hip roofs with pitches not less than 4:12 when attached to major building forms. Such roof forms shall be integral to the building or roof form. Roof protrusions other than chimneys and plumbing vent stacks shall not be located on any roof facing the front or street side of the building. The BMCPOA DRB [IS THIS THE CORRECT REFERENCE??OR SHOULD THIS BE MASTER ASSOCIATION?t retains the right to waive the minimum or maximum roof pitch requirement when,in its sole judgment,a lower or steep roof pitch is more appropriate for the design of a building,and does not compromise the integrity of the development district. This privilege may be exercised by the DRB without relinquishing its right to enforce the minimum or maximum requirements on other projects. 2. Entry Definition,Overhangs&Fascia: Snow in the Bozeman area often builds up on roof surfaces and slides off at irregular intervals. Such slides can damage property,decks,balconies and even injure people. No roof without adequate protection from snow slides shall slope toward driveways,sidewalks,porches,decks,balconies or any other areas that may be damaged or cause injury through the shedding of snow or ice from the ' roof. Entrances shall be specifically expressed and protected with adequate overhangs. All roofs shall have overhangs of at least 16 inches. All fascia materials shall be a minimum of 6 inches. 3. Dormers and Secondaa Roofs: Dormers and secondary roofs are often necessary to add interest and scale to major roof areas and to make habitable use of the attic space within the roof. Dormers and secondary roofs shall be gable,shed,hip,and modified hip roofs and may be stacked in multiple forms. 4. Skylights and-Solar Collectors: When designing the location of skylights,*consideration shall be given to both the interior and exterior appearance of the unit, Locations shall also be coordinated with window and door locations. Skylights shall be located away from valleys, ridges and all other areas where drifting snow may hinder the performance and safety of the unit. Skylights shall be of high quality,insulated,double pane construction. Roof skylights shall be flat in profile;bubble and dome style . skylights shall not be permitted. Solar collectors shall be integrated into the overall roof design,and shall be placed flush with the slope of the roof or wall of the building. All solar collectors shall be screened or concealed from view of other dwellings and Common Areas, 5. Chimney Comnositlon,Proportion and Materials: Chimneys,flues and vents can be used to create visual contrast to the dominant roof forms of the buildings within Baxter Meadows. All flues shall be enclosed with a chimney cap and fitted with a spark arrestor. No exposed metal or clay flues shall be allowed. All chimney forms shall relate to the overall building and Page loor 19 Master Design Review Guidelincs,FINA L.wpd I(IIIII Ifllf I1fll NIII IIIII Illfll Illfll III(IIIII III(III 09122/2005Zz02of 2 • Shelley Vane&-Gallatin Co MT MISC `40.00 shall be covered with stone,stucco or wood siding materials to match exterior finishes of the building. Building vents and flues for such functions as ventilation and exhaust shall be consolidated into enclosures wherever possible and shall typically be concealed from public view. Place roof penetrations on the rear side of the house whenever possible. All exposed metal shall be painted in a color compatible with the color scheme of the house. Attic openings,soffit vents,foundation louvers,or other direct openings in outside walls,overhangs or roofs shall be covered with non- combustible,corrosion-resistant metal mesh. 6. Exterior Wall Form: Exterior wall surfaces shall be no longer than 40 feet in length without the introduction of a minimum 4-foot recess,4-foot projection or change in orientation. Two story exterior wall forms shall be interrupted by minor roof forms. 1.Foundation walls shall be exposed a maximum ofeighteen inches(18")above the ground. On sloping grades,siding shall remain at least 1'-0" above grade,and the upper edge of the water table shall remain level,stepping down the slope in increments of 4'or less.see above. Concrete foundations exposed more than eighteen inches(18")above grade must have an architectural finish(texture, pattern and/or color). III. MATERIAL AND DETAIL REGULATIONS. When choosing materials for buildings in Baxter Meadows,architects should select materials of an appropriate quality and durability in an often harsh northern environment. Synthetic and composite materials which conserve valuable wood resources should be considered whenever a building owner is contemplating opaque finishes or high maintenance areas. The use of materials and colors for all structures in the development districts shall blend into the surrounding site. The following are the only allowable materials in Baxter Meadows: A. Roof Materials Durable roof materials capable of withstanding the freeze thaw cycle of the environment are required. Cold roof systems with adequate'ventilation and insulation are recommended. All roof materials shall carry a Class A or B rating. The following are the only acceptable roof materials: § Treated wood shakes or shingles § Synthetic shakes and shingles § Natural and synthetic slate shingles § Asphalt random tab shingles § Pre-finished metal roofing § Other similar materials,as allowed by the DRB § All roof flashing vents, hoods,and roof accessories shall be copper or a pre-finished metal that blends with the color of the roofing material selected. • Page I 1 of 19 Master Design Review Guidelines,FINAL.wpd • B. Exterior Wall Materials The character of the building exterior shall be kept simple in order to harmonize and compliment the surrounding environment of the site. Natural materials and subdued colors shall be used on the main body of the building. Exterior trim can be more colorful and may contrast with the main body in order to add visual interest to the predominant neutral tones. Full scale samples of all exterior building materials,including window samples are required in the Final Plan Review. The DRB shall consider materials not listed below that maintain the aesthetic continuity of Baxter Meadows,including pre-finished composite wood products and synthetic siding materials. 1. Stonework: Rock shall be natural or synthetic stone materials. Dry stack settings with minimal exposed mortar are preferred. Stonework shall not be applied to individual wall surfaces in order to avoid a veneer-like appearance and shall continue around corners to an inside corner. Detailed drawings of all exterior stonework shall be required as a part of the final plan submittal. 2. Concrete/Stucco: Exposed concrete foundation walls between ground level and exterior wall siding shall be a maximum of 8 inches. Foundation exposure over 8 inches shall be finished with synthetic textured stucco(stained a subdued color in harmony with • the building),stone,or treated wood. I Wood and Wood Product Sidine: Smooth or rough sawn wood siding and approved composite wood products shall be the only acceptable exterior wood sheathing materials. All wood siding shall be painted or stained with an opaque stain. Other wood product siding will be considered by the BMHOA on a case by case basis. 4. Shingles: Natural and synthetic shingles shall be used only as accent or detail materials within the composition of exterior finishes. Shingles shall not be the dominant exterior material on any building. 5. Natural Loe: Natural log materials shall be milled or assembled with irregular lengths and diameters. Prefabricated log homes,including prefabricated kit homes of any type, shall not be allowed. 6. Color Schemes: The color palette of the body of the house shall be from white,cream,earth tones or as approved by the DRB based on color scheme merit or historical precedent. All trim, frames,doors, and windows shall be in a compatible accent color. Page 12 of 19 Master Design Review Guidelines,FINAL wpd i illlll IIIII IIIII(IIII IIIII(IIIII Ililll H Illili III IIII ?Ze3 of 20 • shellsY vutom-Gallatin Co MT MISC 140.00 2202826 O912212006t t z000P • Sheller Venoe-QallaUn co MT MISC 140.e0 Color schemes must be varied from the two adjacent properties,in each direction. Attached dwelling units exempted from each other. Exterior color schemes throughout Baxter Meadows shall emphasize the natural tones of the surrounding natural environment and those of a traditional neighborhood development.Large exterior wall surfaces shall be painted or stained with natural tones.Trim and other accenting details of the building may be of a brighter intensity and contrasting color scheme.Color schemes shall emphasize the contrast between basic wall surfaces and accented details.All exterior color schemes shall be reviewed by the DRB as a part of the Plan Review process. Natural materials and subdued colors shall be used on the main body of the building.Exterior trim can be more colorful and may contrast with the main body in order to add visual interest to the predominant neutral tones. 7. Siding. Siding shall be run horizontally or vertically,but not at other angles to horizontal. 8. Masonry Stonework. Stonework shall be natural or approved synthetic stone materials.Dry stack, uncoursed settings with minimal exposed mortar are preferred. Stonework shall not'be applied to individual wall surfaces in order to avoid a veneer-like appearance. It shall continue around corners to an inside corner. • C. Exterior Windows and Doors 1. Scale,Composition and Proportion: Windows and doors shall be of a consistent size,shape and orientation throughout a given building. Window and door patterns and reveals shall be carefully studied to create interest and variety. Large scale windows and doors shall be recessed or trimmed a minimum of 6 inches in exterior wall surfaces. Uninterrupted bands of windows and doors shall not be allowed in any building. Window and door locations shall be carefully considered to avoid being obscured by accumulating snow. 2. Solar Orientation and Exposure; The design and location of exterior windows shall respond to the solar orientation of the building. The following energy considerations shall be addressed in the building design: § Double or triple glazing § Neutral density gray solar tinting § Openings caulked around windows and doors § Weather-stripping § Storm windows § Entry Vestibules Page 13 of 19 Master Design Review Guidelines,FINAL.wpd • I llllll 11111111111111111111111111 220?s 2011111IIIIIIIIII II Shelley Vance-Gallatin Co MT MISC 140.00 • 3. Materials: Windows and doors shall be constructed of natural,stained or painted wood,or pre-finished aluminum,enamel or vinyl cladding. All.glazing shall be framed in walls of stone,stucco or wood, Glass curtain walls shall not be approved in any circumstance. Mirrored glass shall not be used. Glass storm panels,set within the window sash,may be used within divided light windows,provided that the storm panel is installed on the interior side of the window. Divided light glass must be authentic appearing. 4. Garage Doors: Garage doors shall not be oriented toward the street, and shall be de-emphasized in the elevation of the building and screened. Garage doors should be the same color as the building,and shall not be lighter in color than the building. It is encouraged that all garage doors be separated for each vehicle. Single,double- width(14'or larger)garage doors will be considered,however,they must be detailed to appear to be separated for each vehicle. D. Decks Balconies,Terraces and Porches: 1. 'Design: Decks,balconies,terraces and porches shall be,designed to enhance the overall architecture of the building by creating variety and detail on exterior elevations. Covered decks,projecting balconies and bay windows shall be integrated with, rather than randomly placed throughout,the building. Terraces shall be used to integrate the building and landscape by creating a transition between the built and natural character of the site. No deck,balcony or porch shall be used for the storage of any items except normal furniture. No exterior carpeting may be used if it is visible from any neighboring lot or the street. All railings shall be wood or approved wood-like material finished to be compatible with the color scheme of the house. 2. Materials: Low level decks shall be skirted to grade,while providing proper ventilation and access. Decks which are not practical to,skirt shall be designed to assure that the underside of the deck is integrated with the design of the building. Exposed metal joist hangers shall not be visible. Posts shall be a minimum of eight inches square,and shall be paired together to diminish a thin visual appearance. The dimensions of two-story columns shall be increased to account for the great height. Materials and colors shall be consistent with the building and surrounding landscape. Front porches are intended to be open to allow for interaction with the street.Screened-in porches and glazing are not permitted. Porch supports shall be built of stone,masonry,concrete,or wood. Column base piers shall be no less than 16"x 16" square and wood columns shall be no less than 8"square. No exterior carpeting may be used if it is visible from any neighboring lot or the street. Page 14 of 19 Master Design Review Guidelines,FINAL.wpd � r �IIIII IIIII IIIII Illil NIII IINI�IIIIII 1II 111111111 Jill 2Z02826P • Shelley Vance-Callatln Co MT MISC 140.00 E. Night Sky Requirements The major street intersections on Baxter Lane must be illuminated with lights that meet the City's standard requirements. In addition,all outdoor lighting(residential, commercial or otherwise)shall be free of glare,and shall be fully shielded or shall be indirect lighting. No lighting shall be beyond a property's lot line. No ranch lights or unshielded lights shall be permitted. No mercury vapor lights shall be permitted For purposes of this paragraph,the following definitions shall apply: a. Fully-shielded lights: Outdoor light fixtures shielded or constructed so That no light rays are emitted by the installed fixture at angles above the horizontal plane as certified by a photometric test expert. b. Indirect light: Direct light that has been reflected or has scattered off of other surfaces. C. Glare: Light emitting from a luminaire with an intensity great enough to reduce a viewer's ability to see,and in extreme cases,causing momentary blindness. d. Outdoor lighting: The nighttime illumination of an outside area or object by any manmade device located outdoors that produces light by any means. • Page 15 of 19 Master Desip Review Guide.ines.F1NAL.wpd • - IIIIIIIIIIII!lIIIIIIIIIIIIIIIIIIIIIIIIIIIIIfIIIIIIIIffl2z02826ap ShO11Gy Van06-0411atln Co MT MISC 140.00 • IN WITNESS WHEREOF,the Design Review Guidelines and Regulations have been executed this day of 20 5 'Baxter Meadows West,LLC; a Montana limited liability company Authorized Agent STATE OF MONTANA ) ss COUNTY OF GALLATIN } This instrument was acknowledged before me on /g-kd r&,hIGii&r-,�w 57 ,by s eu i.t In, ,as Authorized Agent of Baxter Meadows West,LLC. " • Notary Pulbfic'f6ihe State of Montana ` Print Name: ,..... ..f.`;`. Residing at: 2Piiyti<-�L llSEAL M Commission E ires: 3 /.mod l ) Y xP �� Master Design Review Guidelines,FINAL.wpd • 1 IIIIII fil!(lll(i Ilili 2z0?Sz6 ,lill(fll!1111111111111111111111 2.00P Bh•ll*y Vano•-Oallatln Co MT M16C 140.00 ACKNOWLEDGMENT FORM Owner acknowledges that he/she has received,read,and will abide by the Community Declaration for Baxter Meadows Master Community(the"Master Declaration'). Violations of the Master Declaration and/or addenda will be remedied by the Baxter Meadows Master Community Association whereupon the Lot/Home Owner will be responsible for the cost of the remedy. 1 (We) am/are the owner(s)of record of Lot in Phase of Baxter Meadows Planned Unit Development. I/We have read these requirements and understand their implications.Furthermore,I(we)have been given sufficient opportunity to discuss these requirements with a member of the Baxter Meadows Design Review Board(DRB). My(Our) signature(s)below is/are evidence of my/our intent to comply with these requirements. Signature-Lot Buyer: Date: Printed Name: • Date: Signature- Lot Buyer: Date: Printed Name: Signature-Contractor: Date: Printed Name: Mailing Address: Telephone: FAX: Email: Page I?of 19 Master Design Review Guidelines,FINAL.wpd III IIII 1�IIIII Ill��III�III II 12209 of 20 I IIIIiI��II IIIII II I III l SholleV Vance4allatin Co MT MISC 140.00 FORM A: Construction Design Review Application LOT NUMBER, Phase: Owner: Mailing Address: Telephone: FAX— Email: BUILDER: Firm: Address: Telephone: FAX:_ Email: ARCHITECT:_ Firm: Address: Telephone: FAX:_ Email: LANDSCAPE ARCHITECT: • Firm: Address: Telephone: FAX:_ INFORMATION 1. Are any variances from the Baxter Meadows Code being requested, under this application? i Yes I No f Page IS of 19 Master Design Review Guidelines,FINAL.wpd f IIIIII IIIII illll IIIII 11111111111 Illllf 01 Ililll)II Illi 220?BzsP • Malley Venos-Gallatin Ca MT MISC 140.00 If yes,please describe the variance and the reason for it. 2. Items submitted(please check): i Review Fee i Acknowledgement Form i Site Plan i Floor Plans i Roof Plan i Elevations i Landscape Concept Plan Submitted by: Date:- Signature: • Page 19 of 19 Master Design Review Guidelines,FINAL.wpd • , _ • � . k E • 1 • i M .. , . �- f` � 6 C • ------------ . .................. ------------------ ............ k iu! ......... VADUER 77 --gas' ........... rl tit c . r �j gr ............ ........... .......................... ........................... _j A L r .............. t g ................... ............. RE 4 m V/ A ----------- s'-d 2 v:11w i y ................ A I N A. NUE .................. IrP, P3 .................... 17 s .............. ..................... .............. .......... .......... .......... 2 ................. > ♦ ........................... .......................... ----------- ............................. c R ............................... .......... 4j U ♦ q L "N. • 51 jE t 1,t 21 2 8 j a % n7 ....... .7 .......... ....... ... 5�- (A—0 ct 0 > rn—0 c 4—0 m ci 0 a x Q( x B 0 a 0 0 m G) M m C, m g m -Z c, c) m m z o' >z 0 co > z m o c c o o c F, g U) 0 0 C) n z z 0 z 0 , = q x 8 0 0 m ?5 . X 0 X M A C) 0 0 z c 0 2 2 0 x o z z z M 0 0 0 E5 ;o 2 c a 'u m 0 0 z z z ;o 0 0 , m 8 z c m Fn 0 0 z x ;u 1 0 > z 0 0 0 z c 0 c 0 3: 0 z REVISIONS BAXTER MEADOWS PHASE 4 BY SDC DATE 2.16.07 DESCR REVISED PRE-PLAT m m 6 p M p -1 BOZEMAN,MONTANA 0 By KLS ATE 8/29/07 ESCRUPDATED WATER, SEWER, STORM, STREET 0 BY DATE DESCR 0 2 T OMAS,DEAN &HOSKINS,INC. MASTER UTILITY PLAN TD& ENGINEERING CONSULTANTS GREAT FALLS-SOZEMAN-KALEPELL-HELENA MONTANA SPOKANE WASHINGTON LEWISTON IDAHOI • } I t f .. i 1 i € ! r r ' . �, E i . - ' • � � , . � - . . � � - , � � ! � . � � - 14 { i �� I - i NBC P • AD x Blw7vh NEa0oN5 OEWLOPMENT t t,BU IH4BG LGNIW ARL.SB BI 9- BAITER MFADOWS IAINGS.Mi A 01-62B4 � A P.U.D. —G �y LOT 1 LOI 2 LOt J LOT 4 LOi 5 •,LOT 6 B— L07 2 SUBIOMSroN No --- I I I NNnER'OE NINOR EI 20 fRACi N0,12207A LOT U91oMS10w N0. . OS MIND T ,. I F -P E 4 ZONING M A- P BLOC 20,L. 1-R ` pox Bw%TER MEAOO I OpME T m FM,96 a 6rr90 TR40E FENCER Al 1 2l BLLINLS.MT 5910t-B2 pUBUC P�K 3 WILUMJ R.M'o NE PEIER60N LOT] LOT B LOT 9 LOT 10 LOT Al 1LOT 12 -- 5001 Bn%TER lN.FAST POIN � BOZE2JJ.N,MT SB]18-8797 NOQ19'19,w PUBLIC STREET ESMT OOC,/2103143(E) 3I' — Prepared by: PC Development SO.W' �c STREET ESMT BARTER LANE 3' 2 YI repared: 8-29-2007 � A#2103146 ; _ 1 PD BLOCK 2; PUBl1C sFM 179,PC 2 ow— P09.9,�� lj 7 9 B' 10 11 0 il� 1 2 3 4 5 B 7 B BI U IIII � I LOLO WAY LOLO WAY Jp — t o, OPOS D 11 2 3 - '4 5 7 8 I I 2 3 4 5 3 7 B B 10�', y�• .1 ( ( (RSL) _..(R9L)., (RSL) �. _J.. (RSL) (R9L) (RSL) (RSL) (RSL) RSL)' a Q! n I -I I ,,...... ........,, � • .� BLOCK 3 R9L � �� � rr. � - p - —7(R��Ls) 12,LO K B C4:POSE t0 Il l2 13 14 l5 IB 11t 13 l7 IB W ' LEGEND 13, (RSL) (R9L) (RSL) R9L)• (RSL) (RSL) (RSL) (R9L) (RSL) i / I _ 1 1' 2 ° + -z i LEMHI TRAIL i�, " i��,. R-3 (RESIDENTIAL , MED. DENsrM 3 ••st 22 21 20 18 1B 17 IB II cFnL S 7 B B ill Oa 16 1 I I PLI (PUALIC LANDS AND INSTITUTIONS) 4 k BL CK 5 15 BLOCK 6 5 G -- - _ --- - --. -- -- --it , 17 ��l0 B-2 (COMMUNITY BUSINESS DISTRICT) 1l t2 13 14 15 IB 17 1B ( `-, POS F'• la ` I� 1B R-3 B - — LINE �' ......:..: .'Nr - PLATTED BOUNDARY °t. MONIDA DRIVE PHASE 41 BOUNDARY �T 4 SUBDINSI N0.- 12 a RIGHT OF WAY (ROW) 01 I ON B \ _ Il � I 9 R 2 - , 10 , ' V � •y0 4 12 5 I 1 5 BLOCK 7 r -. P09 H loll i C/O AA E ENNINENT,INL. 1 QG B W C/0 WNTNE JENNINLS l 125 A.uENBE1 ST. \O Z 7 BOZENAN.MT 59715-JSB6 AqR B u) I \� 10 \ b \ �.-._ _., ,..• ----- ' � EASEMENT \ - 1 �MIBIGUOUSmoTN IN DOCUMENT COUNTY REGIONAL PARK cuunw couwTr TR"CT 34-N0.12202E \ �..__ 0 100, 200' 4001 811 W.MaN STREET c.o.5. \ itK0 00 331.30 BOZEM.w,MONihNP 59715 PLI FUTURE 75.00' Scale in Feet North r �' . 'T�• �--'a._ -^' ' '.��-�.,rr-..:—�,--�+T:--'-_ _ „..r-.:.---..�. - ----.e_ �c—�,...: -car;_ .._._ -�- —--� �--,r W J 1 1 , _ _._� � � '. ` i r � � 1 1 �i / � � \ ;' Y a r i j � � .. ti l • � 1 +, ' � 1 � �. ' � � ' f ir 1 ` � �I, 1 � � 1 f L •_ � � i i VACANT LAND . 34 BAxTiER MEADows EXISTING I _ DAIRY FARM PHASE 5B MIDDL6SCHOOLSf18 �•�$ P* U* De MBDANf6 g N'6D.LYffi� '� �IBI¢ $BlBIOT 11 MP HASING PLAN �eM�= s Prepared by: PC Development IIIR P E11 1 E PHASE 2B a �� Last Update: 8-30-07 raxaraxawmrer P D 2C .5o D77CF! COUNTY ¢ro n, SL7BACK .... RESMENIIAL EKSMG V $ CLINIC ¢VJnWAr srnnlWr ryyJawAY mJWr � rcrwrvaroruxs ', < Legend: P E 2E E PROJECT BOUNDARY i FINAL PLAT APPROVAL (1,2A,2C,2D,3A,6) E FhTFFF3H F PRELIMINARY PLAT APPROVAL(2B,2E,2F,3B,4) ® Q P LIMINARY PLAT REVIEW(none at this time) R,smMTG g CONCEPT APPROVAL ONLY(5A,5B,7A,7B) PLUVDSRSMILL RD � J C ` f WEST WINDS . SUBDIVISION PROPOSED YMCA - PARCEL. S PHASE s 6ac.-CLUSTER UNTIE g a DALIATIN COUNTY g . REGIONAL PARK iCM ON - - 0 150' 300 600' V Scale in Feet North • y '� � � � � � . � � �. r i 1 I' _ � � i � , ' • 1 i � i S r I I f , 9 � � � � - . V � . 0 SMB P''D BOCK 20.E T 1-12 3C UP BLOL 2 R BAITER EAOOKS 0 OPM FM.96A 6 60 TRADE ENTER A 22 SUUNCS.MT 9101-629 1 PUBUL PARK LOT 7 LOT B LOT 9 LOT 10 LOT 11 LOT 12 5031 M R.AND.M PETERS( 5001 BA%iER W,EAST P01 OF BOZEMAN,MT 59718-9797 BOG NINO ���+/Y�n T ,NNW1.85'p191M PUBLIC STREET Es1rt ooc./z1D31u(E) N6941'5B E 1154.97 34 35 PUB STREET ESMT ti00 B11Allll LfiLVG 0D lay BAXTER LANE 3 2 DOC.#2103146 NW4114M 419M' . PIGS A BLOCK 2 �r5° PUB"L$TREE'ESW POS B FM 179,PO 2063 L ry 1 2 3 4 5 6 7 B B 10 11 1 2 3 4 5 6 7 6 9 DO 1[ 1 ,p0 LOLO WAY ,00 LOLO WAY y00 10 BAXTER MEADOWS POS R 1 2 3 4 5 6 7 B L 1 2 3 4 6 6 7 e 9 to a 1 ( ( (RSL) (RSL) (RSL) (RSL) (RSL) (RSL) (RSI.) (RSL) (RSL) RSL) 11 9 PI:[ASE BLOCK 3 BLOCK 4 4 Pose o 12 9 10 11 12 13 14 16 16 11 1 13 14 16 16 17 `° 19 20 STREET LIGHT SITE PLAN 1 (RSL) (RSL) (RSL) (RSL) (RSL) (RSL) (RSL) (RSL) (RSL) (RSL) (RSL) ,p0 z 13 U) 2 J 1°° >°p LEMHI TRAIL DRIVE a 14 Z Updated: 10-8-07 a � g 3 a 15 0 22 21 . 20 19 IB 17 16 J� J� 3 4 5 6 7 6 9 Q !` U p 4 16 BLOCK 5 16 BLOCK 6 Legend: 17 6 POS C P09 P 14 10 It 12 13 14 16 16 17 IB • 1 16 NEW IN e SYMBOL PHASE 4 TYPE CATALOG ARM HEADS HEIGHT CONFIG. 10 0p MONIDA DRIVE 1 00 2h° LAMP FIXT. LENSE ARM POLE/HT. FIN. 7 • 13 4 P1 70—MH—DMS50ISG1—V—OMIA—SM6F-18—BKTX 2' 1 17.5' STAGGERED LOT A SUBDMSION No, MINOR 6. 12 1 11 • 8 P1 100—MH—DMS50—SG3—V—OMIA—SM6F-18—BKTX 2' 1 17.5' STAGGERED 9 11 2 2 1 �� 3 • 5 Pi 100—MH—DMS50—SG3—V—OMIA—SM6F-20—BKTX 2' 1 20' STAGGERED 10 3 '� ��� 4 & • 3 P1 250 MH — SEE ATTACHED SPECIFICATIONS 35' w P09 G . tc °° 4 6 12 10 6 Co Note: All street lights shown on this plan shall be installed,operated and maintained BLOCK 7 POS x by The Crossing at Baxter Meadows POA(Phase 4)until such time that a Street 6 O 79 FM 2076 Improvement Lighting District(SILD)is created to do the same. rYa�n�N L9 W CASCADE OEVROPMEM,INC W C/0 WAYNE JENNWGS RO Z 7 125 W.MWDEH L 5T. A9 9 g BOZEMAN,MT 59715-3566 p� Tn 10 cc e � � 1 b 9 G EASEMENT MOTH AMBIGUOUS IN 10 a DOCUMENT COUNTY REGIONAL PARK C0L GADNCOUNTY 5.-N0-.12 ° ° 1A1 ' 83O11ZWSTREET 3311 Z 0 01 100, 2001 ENAN.MOMANA 59715 D , • :J7 • MURE 75.00' Scale in Feet North • • � 10 ��� i� '� to C'. U .D SETBACK NOTES BAXTER MEADOWS PHASE 4 (BLOCKS 1-8) ZONING R-3 R-3 R-3 R-3 R-3 R-3 R-3 R-3 TYPE SFR SFR SFR Community Ctr SFR SFR SFR SFR LOT(S)I BLOCK 1 - BLOCK 1 - BLOCK S LOTS 1-10 LOT 11 BLOCK 2- BLOCK 2- BLOCK 2- LOT 18 LOTS 2-17 LOT 1 BLOCK 3- BLOCK 3- BLOCK 3- LOTS 2-7& LOT 1 &9** LOT 8&16 10-15 BLOCK 4- BLOCK 4- BLOCK 4- LOTS 2-9& LOTS 10& LOT 1 &11 12-19 20** BLOCK 5- BLOCK 5- LOTS 1-9, 11- BLOCK 5- LOTS 10&14 13, 15,& 17- LOT 16 22 BLOCK 6- BLOCK 6- BLOCK 6- LOTS & 11-17 LOTS 9&18 LOT 1 &10 17 BLOCK 7- BLOCK 7- BLOCK 7- MFR LOT 4 LOTS 1-3& LOT 11 BLOCK 7- 5-10 LOT 12*** BLOCK 8- BLOCK 8- BLOCK 8- LOT 1 LOT 10 LOTS 2-9 FRONT YARDS 15' 15, 15, 15, 15, 15' 15' 15' 18.16.050 REAR YARDS 20' 20' 20' 20' 20' 20' 20' 20' 18.16.050 SIDE• YARDS North= 15' North=5' S, 5, East=10, East=5' East=15' East=5' 1YARD50 South=5' South=15' West=5' West=10' West=5' West=15' Approved Lot Requirements(No Deviations Requested from U.D.O.) MAX.LOT MIN.FRONT COVERAGE 40%for R-3 YARDS 15, 18.16.030 18.16.050- MIN.LOT MIN.REAR AREA(S.F.) 5,000 S.F. YARDS' 20' 18.16.040 18.16.050'� MIN.LOT MIN.SIDE WIDTH 50' YARDS 5' 18.16.040 18.16.050 ADDITIONAL NOTES: 1 All site plan submittals to the City of Bozeman Building Division shall be accompanied by a Certificate of Compliance by the Baxter Meadows Design Review Board. ** A relaxation was granted with Preliminary P.U.D. Plan to allow the corner side yard setback of Lots 1 &9,Block 3 and Lots 10& 20,Block 4 to be 10 feet as indicated in the table above. *** Requirements for setbacks and building coeverage for Lot 12 of Block 7(Mulit-Family lot)shall be determined at the time of individual site plan review.