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Z-05266A Baxter Meadows Ph.3A r _ FINAL PQD _; Northeast Baxter Ln./Harper Puckett Baxter Meadows West, LLC October 4, 2006 ' r; r` ,i Ul q fV ' cT, r f yyY Z 'i +ri i r y p) .a •mot-: >L.. �{�, �p4��� rti g T2ir y.. t F_ .➢ 7 �ly ij v j�s�� �•rf v��<� �t����� n 's T _- 2206 MEMORANDUM _ t TO: Kimberly Kenney-Lyden """"""` ".`w... CC: Bob Murray, Project Engineer FROM: Lanette Windemaker, Contract Planner RE: Letter of Credit; Baxter Meadows PUD Phase 3A Subdivision (4P- 05065/# Z-05266) DATE: November. 6, 2006 Would you please process this irrevocable letter of credit issued by Big Sky Western Bank, in the amount of S1,629,495.10, No. 2200828-11 dated October 3, 2006; with an expiration date of September 15, 2009 for Baxter Meadows PUD Phase 3A Subdivision (#P-05065 /# Z-05266). Thank you. 1 i� October 3, 2006 IRREVOCABLE LETTER OF CREDIT#2200828-11 LOC Beneficiary: City Of Bozeman PO Box 1230 Bozeman,.MT 59771 To City of Bozeman: For the account of Baxter Meadows West LLC,we hereby authorize you to draw on us at sight up to an aggregate amount of One Million Six Hundred Twenty Nine Thousand Four Hundred Ninety Five Dollars and 10/100, ($.1,629,495.10). Drafts drawn under this Letter of Credit must specify the date and the number of the Letter of Credit and must be presented at the identified office below not later than September 15, 2009. Drafts under this letter must be accompanied by your certified statement that the client did not. complete the required work and further supported by proper documentation and costs that you have had the work completed. This Letter of Credit sets forth in full the terms of our obligations to you, and such undertaking shall not in any way be modified or amplified by any agreement in which this Letter of Credit relates, and any such reference shall not be deemed to incorporate herein by reference of any agreement. This Letter of Credit is irrevocable, unconditional and non-assignable. We hereby agree with you that sight drafts drawn under and in compliance with the terms of this Letter of Credit will be duly honored at: Big Sky Western Bank 4150 Valley Commons Dr. PO Box.818 Bozeman, MT 59771-0818 Unless otherwise expressly stated,this Letter of Credit is subject to the International Chamber of Commerce, Uniform Customs and Practice for Commercial Documentary Credits; 1993 Revision —International Chamber of Commerce Publication No. 500. Sincerely, a Don Chery President FINAL COST SCHEDULE Project: Baxter Meadows Subdivision Phase: Phase 3A-Park and Open Space Date: 8/16/2006 rev. 10/18/06 Prepared By: Peaks to Plains Design,P.C. ITEM DESCRIPTION CITY UNIT UNIT COST TOTAL Moving Equipment 1 LS $ 4,000.00 $ 4,000.00 Earthwork movin ! lowin /rakin ; not to exceed 1 LS $ 42,000.00 $ 42,000.00 Silt fencing erosion control 2200 LF $ 3.75 $ 8,250.00 Gravel Trails at 8'wide-City of Bozeman 4584 LF $ 7.90 $ 36,213.60 Asphalt Trails at 10'wide-City of Bozeman 1137 LF $ 11.00 $ 12,507.00 Concrete Sidewalk 8'wide near parking lot 2452 SF $ 3.80 $ 9,317.60 Tree installation lant/stake/fertilize 250 EA $ 225.00 $ 56,250.00 Wetland Plantings See Wetland Section 1 LS $ - $ - Seed Mix#1 Turf Lawn Seed 320,825 SF $ 0.03 $ 9,624.75 Seed Mix#2 Native Seed/H dromulch 464,425 SF $ 0.05 $ 20,899.13 Well system development well drilling;2 @ 60'each 120 LF $ 28.00 $ 3,360.00 Well system development pumps/electric/Northwest Energy 2 EA $ 3,700.00 $ 7,400.00 Irrigation Systems rotor and drip systems 1 LS $ 70,000.00 $ 70,000.00 Playground surfacing fiber mulch 12"depth-3850 SF 143 CY $ 55.00 $ 7,865.00 Thickened Edge Concrete Playground; 12"edge 1960 SF $ 3.95 $ 7,742.00 Playground Equipment Kom an; incl. freight&installation 1 LS $ 42,250.00 $ 42,250.00 Curb and Gutter for parking lot 490 $ 17.00 $ 8,330.00 Asphalt Paving for parking lot 5757 SF $ 1.00 $ 5,757.00 Epoxy Paint Markings for parking lot 134 LF $ 2.50 $ 335.00 ADA Si na a for parking lot 1 LS $ 110.00 $ 110.00 Signage Park entry&Park Map 2 EA $ 2,500.00 $ 5,000.00 Boulders for bridge approaches 24 20 EA $ 175.00 $ 3,500.00 Water Crossings edestrian bridges 3 EA $ 12,000.00 $ 36,000.00 Trash Can 1 EA $ 1,500.00 $ 1,500.00 Benches 6' length 5 EA $ 1,500.00 $ 7,500.00 TOTAL $ 405,711 C:\Documents and Settings\Jolener\My Documents\Baxter Meadows Ph3\Database\Final_Cost Sched_081606.xls PHASE 3A-PARK IMPROVEMENTS CITY OF BOZEMAN DEPARTMENT OF PLANN � II EVELOPMENT IEOAlfred M. Stiff Professional BuildinI ne 406-582-2260 „ 20 East Olive Street OCT O 4 ax 406-582-2263 P.O. Box 1230 2��6 I ing@bozeman.net Bozeman,Montana 59771-1230 www.bozemon.nei DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPMENT DEVELOPMENT REVIEW APPLICATION 1.Name of Project/Development: Baxter Meadows Subdivision,P.U.D.,Sub-Phase 3A 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: 7NT..... Same as Above E-mail Addres: OZA,\ LA FAX: CITY OF BOZEMAN REPRINT ** CUSTOMER RECEIPT t * +s Subdivision P.U.D.,Phase I,Loss 1. Oper: PROFCASH Type: EP Drawer: 1 CITY OF BOZEMAN d in she SW 1/4 of Section 34,TIS,Rs: Date: 19/03/06 02 Receipt no: 45869 REPRINT # CUSTOMER RECEIPT #* Descripption Quantityy Amount Oper: PROFCASH Type: EP Drawer: 1 ZE TIED: PUD-FINAL WAN Date: 10/10/06 01 Receipt no: 48045 1.00 $500.00 BAXTER MEADOWS WEST, LLC Description Quantity Amount ZJ DPCD: SUBDIV-FINAL PLAT Tender detail 1.00 $16294.95 ion with residential uses. CK CHECK 1238 $500.00 BAXTER MEADOWS WEST, LLC Total tendered $500.00 Tender detail Total payment $500.00 CK CHECK 1261 $16294.95 Trans date: 10/04/06 Time: 11:00:40 Total tendered $16294.95 9.Current Land Use(s) Total payment $16294.95 THANK YOU! Trans date: 10/09/06 Time: 11:41:58 r`-,�4mi-YOU! on:Residential Pagel Appropriate Review Fee Submitted ❑ �� ' � ` . i ` � �" S CI0OF 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@bozeman.net Bozeman, Montana 59771.1230 www.bozeman.net MEMORANDUM To: Bozeman Building Division(2 copies with addresses) Bozeman Water and Sewer Department Bozeman Engineering Department From: Lanette Windemaker, AICP; Contract Planner Date: November 6, 2006 Re: Baxter Meadows PUD Phase 3A (#Z-05266)--Approved Final Plan Attached is the copy of the approval Final PUD Plan for your records. 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 Page 1 of 1 Ryon Stover From: Ryon Stover Sent: Tuesday, October 10,2006 4:03 PM To:., Lanette-Windemaker, Subject: baxter meadows Lanette There is an overhead power line running above the boulevard on the north side of Baxter. So, they will have to change their species to accommodate that line. Unless it (the line) is going to be moved. I have had problems with this outfit before on the phase that is already established. Again it was the wrong species in the wrong place, and it was never corrected, of course I wouldn't know if it has been changed 'cause you can't get there because of the road construction. Ryon Stover City Forester City of Bozeman Box 1230 Bozeman,Mt. 59771 406-582-3200 10/11/2006 MEMORANDUM n K TO: John Alston, Water/Sewer OCT 11Neil'Poulsen, Chief.Building Official � o �I p(-- Greg Megaard, Fire Marshal DEPARTMENT OAND COMMUNITY John VanDeLinder, Streets Superintendent FROM: Lanette Windemaker, Contract Planner RE: Baxter Meadows PUD Phase 3A Final Plan and Subdivision (#P-05065 / # Z-05266) DATE: October 9, 2006 Attached you will find the proposed final PUD plan and plat submittal for the Baxter Meadows PUD Phase 3A. Baxter Meadows PUD Phase 3A is generally located northeast of Baxter Lane and Harper Puckett Road. 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. PUD: 1. The subdivider shall ensure that a minimum of 10 percent of the net buildable acreage is dedicated to Restricted Size Lots (RSLs). For RSLs provided off-site in Baxter Meadows Phases 1 and 2C, the subdivider may provide for those smaller lot RSLs at a minimum ratio of 5,000 square feet required to 3,750 square feet provided achieving a minimum of 7.5 percent of the net buildable acreage. 2. The total floor area of the dwelling unit built on a lot in Phases 1 and 2C subject to the provisions of Section 18.42.180, Provision of Affordable Housing, (excluding area used for a garage) shall not exceed 1,575 square feet. 3. Restricted Size Lots (RSLs) in Phase 3 may have a minimum lot with of 45 feet. 4. The watercourse setback along the relocated (eastern) portion of the Baxter-Border Ditch shall not be used to satisfy park land dedication requirements. (As amended by City Commission.) 5. The stream corridor and associated wetlands along the relocated (eastern) portion of the Baxter-Border Ditch within the dedicated parkland may be considered critical wildlife habitat or natural resources and used to satisfy park land dedication requirements. 6. The developer shall landscape the open space in accordance with a landscaping plan which meets or exceed the standards of Chapter 18.48. 1 7. RSL lots should be clustered, rather than lining a street, and there should be no more than five RSL lots adjacent to each other without a non-RSL lot or open space corridor separating the clusters. 8. Block 16 may have a block length of less than 300 feet due to impractibility and a block width of less than 200,feet to overcome specific disadvantages of orientation. 9. The five lots along the south side of Equestrian Lane and the west side of Riata Road shall be eliminated to provide additional park frontage. 10. The lots along Baxter Lane and Harper Puckett Road 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, decorative lighting, and fences located in the yard setbacks shall not exceed a maximum height of 4 feet and shall be of an open construction. These architectural requirements shall be addressed and demonstrated in the covenants/development guidelines. 11. 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. 12. The development guidelines shall include thumbnail sketches to demonstrate architectural requirements. 13. The owner shall executed and submit the following documents 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. 14. 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 Unified Development Ordinance. 15. 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 2 deg MEMORANDUM } 1 i John Alston, Water/Sewer ; tl� = Neil Poulsen, Chief Building O. 'al I' --y G�reg egaard, ire Marshal !U John VanDeLinder, Streets Superintendent Fes: Lanette Windemaker, Contract Planner RE: Baxter Meadows PUD Phase 3A Final Plan and Subdivision (#P-05065/ # Z-05266) DATE: October 9, 2006 Attached you will find the proposed final PUD plan and plat submittal for the Baxter Meadows PUD Phase 3A. Baxter Meadows PUD Phase 3A is generally located northeast of Baxter Lane and Harper Puckett Road. 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. PUD: 1. The subdivider shall ensure that a minimum of 10 percent of the net buildable acreage is dedicated to Restricted Size Lots (RSLs). For RSLs provided off-site in Baxter Meadows Phases 1 and 2C, the subdivider may provide for those smaller lot RSLs at a minimum ratio of 5,000 square feet required to 3,750 square feet provided achieving a minimum of 7.5 percent of the net buildable acreage. 2. The total floor area of the dwelling unit built on a lot in Phases 1 and 2C subject to the provisions of Section 18.42.180, Provision of Affordable Housing, (excluding area used for a garage) shall not exceed 1,575 square feet. 3. Restricted Size Lots (RSLs) in Phase 3 may have a minimum lot with of 45 feet. i 4. The watercourse setback along the relocated (eastern) portion of the Baxter-Border Ditch shall fiet be used to satisfy park land dedication requirements. (As amended by City Commission.) 5. The stream corridor and associated wetlands along the relocated (eastern) portion of the Baxter-Border Ditch within the dedicated parkland may be considered critical wildlife habitat or natural resources and used to satisfy park land dedication requirements. 6. The developer shall landscape the open space in accordance with a landscaping plan which meets or exceed the standards of Chapter 18.48. 1 • 7. RSL lots should be clustered, rather than lining a street, and there should be no more.than five RSL lots adjacent to each other without a non-RSL lot or open space corridor separating the clusters. 8. Block 16 may,have a block length of less than 300 feet due to impractibility and a block width of less than 200 feet to overcome specific disadvantages of orientation. 9. The five lots along the south side of Equestrian Lane and the west side of Riata Road shall be eliminated to provide additional park frontage. 10. The lots along Baxter Lane and Harper Puckett Road 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, decorative lighting, and fences located in the yard setbacks shall not exceed a maximum height of 4 feet and shall be of an open construction. These architectural requirements shall be addressed. and demonstrated in the covenants/development guidelines. 11. 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. 12. The development guidelines shall include thumbnail sketches to demonstrate architectural requirements. 13. The owner shall executed and submit the following documents 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. i 14. 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 Unified Development Ordinance. 15. 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 2 MEMORAN a v John Alston, Water/Sewer OCT 31 200fi Neil Poulsen, Chief Building Official GregMe aard, Fire Marshal DEPOMM I OF P NPINM6 g-- - - OMMUNITY Jolin VanDeLinder, Streets..Superintenden 9WW.-Tb; Lanette Windemaker, Contract Planner RE: Baxter Meadows PUD Phase 3A Final Plan and Subdivision (#P-05065 / # Z-05266) DATE: October 9, 2006 Attached you will find the proposed final PUD plan and plat submittal for the Baxter Meadows PUD Phase 3A. Baxter Meadows PUD Phase 3A is generally located northeast of Baxter Lane and Harper Puckett Road. 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. PUD: 1. The subdivider shall ensure that a minimum of 10 percent of the net buildable acreage is dedicated to Restricted Size Lots (RSLs). For RSLs provided off-site in Baxter Meadows Phases 1 and 2C, the subdivider may provide for those smaller lot RSLs at a minimum ratio of 5,000 square feet required to 3.,750 square feet provided achieving a minimum of 7.5 percent of the net buildable acreage. 2. The total floor area of the dwelling unit built on a lot in Phases 1 and 2C subject to the provisions of Section 18.42.180, Provision of Affordable Housing, (excluding area used for a garage) shall not exceed 1,575 square feet. 3. Restricted Size Lots (RSLs) in Phase 3 may have a minimum lot with of 45 feet. 4. The watercourse setback along the relocated (eastern) portion of the Baxter-Border Ditch shall not be used to satisfy park land dedication requirements. (As amended by City Commission.) 5. The stream corridor and associated wetlands along the relocated (eastern) portion of the Baxter-Border Ditch within the dedicated parkland may be considered critical wildlife habitat or natural resources and used to satisfy park land dedication requirements. 6. The developer shall landscape the open space in accordance with a landscaping plan which meets or exceed the standards of Chapter 18.48. 1 7. RSL lots should be clustered, rather than lining a street, and there should be no more than five RSL lots adjacent to each other without a non-RSL lot or open space corridor separating the clusters. 8. Block 16 may have a block length of less than 300 feet due to impractibility and a block width of less than 200 feet to overcome specific disadvantages of orientation. 9. The five lots along the south side of Equestrian Lane and the west side of Riata Road shall be eliminated to provide additional park frontage. 10. The lots along Baxter Lane and Harper Puckett Road 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, decorative lighting, and fences located in the yard setbacks shall not exceed a maximum height of 4 feet and shall be of an open construction. These architectural requirements shall be addressed and demonstrated in the covenants/development guidelines. 11. 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. 12. The development guidelines shall include thumbnail sketches to demonstrate architectural requirements. 13. The owner shall executed and submit the following documents 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. 14. 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 Unified Development Ordinance. 15. 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 2 the conditional use pursuant to Section 18.34.100.C.2 of the Bozeman Unified Development Ordinance. 16. The final site plan shall comply with the standards identified and referenced in the Unified Development Ordinance. 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. PUD Code Provisions: a. Per Section 18.48.020, planned unit development landscaping plans shall meet or exceed the standards of these landscaping regulations. b. 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. This table shall address the replacement of the 8.14 acres of private open space counted towards Phases 1 and 2. c. Per Section 18.50.060, the trail system around the perimeter of the park land shall be constructed by the subdivider to provide direct pedestrian access to the perimeters without street frontage. d. Per Section 18.50.060, the subdivider shall provide the additional land for a parking area based on lot frontage (— 922 feet) x 14 feet for— 12,908 square feet. The additional land for the parking area may not be counted towards the final park land dedication. If the frontage of the park changes, this number will be recalculated. e. Per Section 18.50.060, the subdivider shall either develop the parking area or in lieu of the constructed parking area, an equivalent dollar value of non-parking improvements within the park are provided according to the individual park plan. f. 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 Office. g. 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. Subdivision: 1. The subdivider shall ensure that a minimum of 10 percent of the net buildable acreage is dedicated to Restricted Size Lots (RSLs). For RSLs provided off-site in Baxter Meadows Phases 1 and 2C, the subdivider may provide for those smaller lot RSLs at a minimum ratio 3 • � a of 5,000 square feet required to 3,750 square feet provided achieving a minimum of 7.5 percent of the net buildable acreage. 2. The total floor area of the dwelling unit built on a lot in Phases 1, and 2C subject to the provisions of Section 18.42.180, Provision of Affordable Housing, (excluding area used for a garage) shall not exceed 1,575 square feet. 3. Restricted Size Lots (RSLs) in Phase 3 may have a minimum lot with of 45 feet. 4. The watercourse setback along the relocated (eastern) portion of the Baxter-Border Ditch shall Fe4 be used to satisfy park land dedication requirements. (As amended by City Commission.) 5. The stream corridor and associated wetlands along the relocated (eastern) portion of the Baxter-Border Ditch within the dedicated parkland may be considered critical wildlife habitat or natural resources and used to satisfy park land dedication requirements. 6. Block 16 may have a block length of less than 300 feet due to impractibility and a block width of less than 200 feet to overcome specific disadvantages of orientation. 7. The number of lots in this subdivision may increase from 129 lots up to 150 lots to meet the requirement for Restricted Size Lots (RSLs) pursuant to Section 18.42.180. 8. Street trees in the boulevards adjacent to the mid-block trail crossings shall be eliminated. 9. The five lots along the south side of Equestrian Lane and the west side of Riata Road shall be eliminated to provide additional park frontage. 10. The Final Park Plan shall: a) Be to a scale of 1-inch equals 20 feet but not less than 1-inch equals 100 feet. b) Ensure that bridges have a minimum width of 36 inches. c) Provide a trail system map/signage at the parking lot. d) Contain the appropriate sections from the "Design Guidelines for City of Bozeman Parks". 11. Sidewalks along park land shall be constructed to a six foot width to accommodate snow removal equipment. 12. The park shall be titled "Public Park". The open space shall be titled "Open Space, Public Access". Notes shall be included on the plat describing ownership and maintenance responsibility for both the park and 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. 13. Subdivision 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 i 4 i I be deemed complete until the resolution to create the SILD has been approved by the City Commission. 14. Water rights, or cash-in-lieu thereof, as calculated by the Director of Public Service, is due with the final plat. 15. The Final Plat shall contain the following language on the plat, placing future landowners of individual lots on notice of the presence of high groundwater in the area of the subdivision "Due to relatively high ground water table within the areas of the subdivision, it is not recommended that residential dwellings with full basements be constructed without first consulting a professional engineer. If daylight basements are incorporated in the construction of residential dwellings, they should not have a depth greater than three (3) feet below the top of the curb or crown of the street from which it is served." 16. The final plat shall comply with the standards identified and referenced in the Unified Development Ordinance. 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. 17. 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. 18. 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 5 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. 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. 19. 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. 20. The location of existing water and sewer mains shall be properly depicted. Proposed main extensions shall be noted as proposed. 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 plat and in the covenants for the subdivision. 21. 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 Final Plat approval. 22. 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 Final Plat approval. b) The Applicant shall comply with all parts of section 18.42.060.D for any ditch relocation. c) An easement shall be granted on the plat for the relocated irrigation ditch, and the existing easements vacated. 23. 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. 24. Project phasing shall be clearly defined including installation of infrastructure. 6 0 • 25. 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. 26. 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 Unified Development Ordinance. 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. 27. All construction activities shall comply with section 18.74.020.A.2. of the Unified Development Ordinance. 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. 28. Flanders Mill Road shall be paved to a 24' wide county road section from the end of the existing asphalt north of Durston Road to Baxter Lane provided the 24' of asphalt can be centered in the existing right of way without necessitating relocation of the ditch. If it cannot be done, the same limits of road shall be overlaid with 4" of asphalt millings, treated with Reclamite, and chip sealed. 29.All improvements needed to provide adequate level of service for the analyzed intersections must be installed with the project. This will require approval from the Montana Department of Transportation for the required geometric improvements to the intersection of 19`h and Oak. 30. The east half of Harper Puckett Road shall be improved to the 5-Lane Principal Arterial standard as shown in the Transportation Plan along the entire frontage of the subdivision. The required right of way dedication for Harper Puckett is 60'. 31. The north half of Baxter Lane shall be improved to the 2-Lane Minor Arterial standard along the entire frontage of the subdivision. The required right of way dedication for Baxter is 50'. 32. The west half of Davis/Fowler shall be improved to the 5-Lane, 71' back of curb to back of curb Minor Arterial standard from Baxter to Oak. The required easement for Fowler/Davis is 50'. 33. The sidewalks adjacent to Harper Pucket, Baxter, and Davis/Fowler shall be 6'wide, and shall be installed at the time the street improvements are done. 34. A 1' No Access Strip shall be shown on the plat along the entire frontage of Harper Pucket Road and Baxter Lane. 7 i 35. The water mains in Equestrian and Kimberwicke shall be extended to the center median in Harper Pucket Road for future looping purposes. 36. The COB design standards require a minimum of 6" crushed base course. One of the alternative sections in the geotech report only calls for 5". Revise accordingly. Subdivision Code Provisions a. Pursuant to 18.42.060, a minimum easement width of 10 feet shall be provided on each side of irrigation pipelines and ditches. b. Per Section 18.42.060.D.Lc, the planting of vegetation other than grass within the irrigation facility easement is prohibited without the written permission of the facility owner. c. A watercourse setback planting plan shall be prepared by a qualified landscape professional and shall be reviewed and approved by the Planning Department prior to the commencement of development or site preparation. The plan shall include a schedule for planting and landscaping as outlined for Zone 1 and Zone 2 outlined in Section 18.42.100. Since the watercourse setback in located inside the park boundaries, this shall be included in the Park Plan. d. Section 18.42.150.C, Subdivision lighting includes street lighting and pathway intersection lighting. e. Per Section 18.42.180 of the Bozeman Unified Development Ordinance and the adopted growth policy, lands subdivided shall have not less than a minimum net density of six dwelling units per acre. With 129 dwelling units, this subdivision has a net density of— 3.4 du/ac, and at 150 dwelling units, this subdivision has a net density of— 4 du/ac. However, staff interprets the minimum net density of six dwelling units per acre as averaged over the entire Baxter Meadows PUD. f. 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. g. Per Section 18.44.040, all street names shall be reviewed and approved by Gallatin County and City Engineer's Office prior to final plat approval. h. Per Section 18.50.060, the trail system around the perimeter of the park land shall be constructed by the subdivider to provide direct pedestrian access to the perimeters without street frontage. i. Per Section 18.50.060, the subdivider shall provide the additional land for a parking area based on lot frontage (— 922 feet) x 14 feet for — 12,908 square feet. The additional land for the parking area may not be counted towards the final park land dedication. If the frontage of the park changes, this number will be recalculated. 8 j. Per Section 18.50.060, the subdivider shall either develop the parking area or in lieu of the constructed parking area, an equivalent dollar value of non-parking improvements within the park are provided according to the individual park plan. k. Section 18.50.080.D states that storm water retention or detention facilities may be located within a park but cannot count towards the final parkland dedication. 1. Section 18.50.080 states that the subdivider must decide on the improvements to be completed by the subdivider prior Final Park Plan approval. At a minimum these improvements included; leveling any park area(s), amending the soil, seeding disturbed areas to allow mowing with turf type mowers, installing an underground irrigation system with well, boundary posts and sidewalks. In addition, these improvements include the parking area or improvements in lieu, the trail system to provide direct pedestrian access to the perimeter, and watercourse landscaping. m. 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 prior to final plat approval. A copy of the filed documents shall be submitted with the final plan. n. Covenants, restrictions, and articles of incorporation for the creation of a homeowners' association shall be submitted with the final plat application for review and approval by the Planning Office 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 pursuant to Chapter 18.72 of the Bozeman Unified Development Ordinance. o. Prior to final plan approval,a common area and facility maintenance plan and guarantee shall be provided for the permanent care and maintenance of open spaces, recreational areas, stormwater facilities and parking lots in accordance with Chapter 18.72 or the Bozeman . Unified Development Ordinance. 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 filing and recordation with the Gallatin County Clerk and Recorder. p. A table showing the computed park areas shall be included on the final plat pursuant to Section 18.78.030.D. This table shall include but is not limited to detention/retention areas, watercourse, wetlands, watercourse setbacks,park land, parking area and total area. q. Section 18.78.070.D requires a Final Park Plan to be approved by the City Commission, with a recommendation from the Bozeman Recreation and Parks Advisory Board, prior to Final Plat approval. Four bound copies of the plan shall be submitted to the Planning Office for review prior to installation of any improvements or prior to Final Plat submission, whichever comes first. The Park Plan shall address all of the criteria outlined in Section 18.78.060.P. 9 • A r. The Final Plat shall conform to all requirements of the Bozeman Unified Development Ordinance 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 on a double-sided, high density 3-1/2" floppy disk; and five (5) paper prints. Please review the Certificate of Consent — it should be a Certificate of Dedication, Completion of Improvements and Surveyor Certificates for conformance to the UDO. s. 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. t. If it is the developer's intent to file the plat prior to installation, certification., and acceptance of all required improvements by the City of Bozeman, an Improvements Agreement shall be entered into with the City of Bozeman guaranteeing the completion of all improvements in accordance with the Preliminary Plat submittal information and conditions of approval. If the Final Plat is filed prior to the installation of all improvements, the developer shall supply the City of Bozeman with an acceptable method of security equal to 150% of the cost of the remaining improvements. u. 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. 10 WILE REVIEW SHEET • FINAL PUD File Name: C QS� 3 File Number: c) aG G A Reference Files: gag 3G�F OS ��oyoa3, 7-_O'A1? (c� 30;-1 a` -o3D7r,& ,'L-o3��6, o3cgo � P-0.5o,s, -c�So��) 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) ❑ 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 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: rrojeci,aciiviiLi Lod City or 'ozeman ® DeDartment or Flanninj y CommunitJ Development Project Name: ID �� QpuJ File No: Date + Activity_ I Staff Staff Cumulative Member(s) I Hours Hours G 3a l j I 25 1 - . 5 i � ;�t f I 3 s z� U2 6(0o I , Z f 2 3 , D I I 1 71- � ( I I I I i � I I I ' 1 i i I I I 1 j j i i I f I 1 i I I i � I I CITY U�OZEMAN DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPMENT phone 406-582-2260 Alfred M. Stiff Professional Building fax 406-582-2263 20 East Olive Street P.O. Box 1230 planning@bozeman.net Bozeman, Montana 59771-1230 www.bozeman.net MEMORANDUM To: Bozeman Building Division (2 copies with addresses) Bozeman Water and Sewer Department Bozeman Engineering Department From: Lanette Windemaker, AICP; Contract Planner Date: November 6, 2006 Re: Baxter Meadows PUD Phase[A (# Z-05266�Approved Final Plan Attached is the copy of the approval Final PUD Plan for your records. If you have any questions,please give me a call at 586-5266. FOP I , � planning zoning • subdivision review • annexation historic preservation housing • grant administration neighborhood coordination G • t, a� BAXTER MEADOWS PHASE 3A 4 �s PLANNED UNIT DEVELOPMENT - -�; OCT 0 d 2006 7 � •� � �'� , pEPARTM�NT OF PLANNING a r � �.�� �� AND COMMUM'IY DEVELOPMENT T M E A D • RNALZ o P751=A N REVIEWED & APPROVED lJ'V� 11Vu�lJ� �� lr-�l���L7V EPT OF PLANNING AND Nil UNITY DE OP N1 av of these plans and/or elevations i(out prior written approval DIRECT i DATE from the Planning Office 1 i i FINAL P.U.D. APPLICATION J ��]r1 August', 14 ( 006 " Prepared By• 1 i • BAXTER MEADOWS PHASE 3A OWNER LIST Baxter Meadows West LLC PO BOX 81487 BILLINGS, MT 59108-1487 Partners: Gerald R. Williams • Michael E. Potter Thomas L. Clinton Geske Properties, LLC Owner: Ms. Sue Geske 3801 RIATA ROAD BOZEMAN, MT 59718 i PLANNED UNIT DEVELOPMENT CHECKLIST hall be completed and returned as art of the submittal. An item checked "N "The appropriate checklists p p y o 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—Preliminary 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'/z-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 ❑ ❑ ❑ proposed plan and how it furthers the implementation of the Bozeman growth policy d. Statement of the proposed ownership of open space areas ❑ ❑ ❑ e. Statement of the applicant's 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 industrial ❑ ❑ ❑ 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 does 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 ❑ ❑ LEEI are being avoided or mitigated j. 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 Plan 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 he 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 other landscaping 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,BMC 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 include 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 instrument 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 Development—Final Plan. The following information 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 0 ❑ ❑ 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 final plan site plan shall show the following information: a. Land use data(same information as required on the preliminary site plan) Q ❑ ❑ b. Lot fines,easements,public rights-of-way as per subdivision plat Q ❑ ❑ C. Attorney's or owner's certification of ownership Q ❑ ❑ d. Planning Director certification of approval of the site plan and its Q ❑ ❑ conformance with the preliminary plan e. Owner's certification of acceptance of conditions and restrictions as set forth 0 ❑ ❑ on the site plan 3. A final landscape plan consistent with the conditions and restrictions of the 0 ❑ ❑ 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),BASIC 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 5. Prior to submission of the final plan to the DRC and ADR staff, engineering plans ✓❑ ❑ ❑ and specifications for sewer, water, street improvements and other public improvements, and an executed improvements agreement in proper form providing 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 Q ❑ ❑ 18.72.040(Common Area and Facility Maintenance Plan and Guarantee),BMC,shall be 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 I I I i i Page 5 z� . � n Tab # Condition # Document 1 1,2 RSL Individual Property Owner Acknowledgements 2 6,16 Park Master Plan 3 5,6,16 Amendment to Park Master Plan 4 5,8,9,16 Final Plat Drawings 5 10,11,12 Owner's Association Documents 6 16 Final P.U.D. Plan 7 16 Master Utility Plan 8 16 Existing Zoning Map 9 16 Phasing Map 10 16 Street Lighting Plan 11 Plan Table of setbacks and buidling requirements • Inter-office Original to: City of Bozeman Planning Department 20 East Olive Street CONDITIONS OF APPROVAL OF A CONDITIONAL USE PERMIT FOR PROPERTY LOCATED IN BAXTER MEADOWS PUD PHASE 3, 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; and WHEREAS, the subject property is legally described as Lots 1 and 2, Block 7, Baxter Meadows Subdivision PUD Phase 1 and Tract 1A of the amended plat of Baxter Meadows Subdivision PUD Phase 1 Tract 1, located in the SW 1/a of Section 34, T1S, R5E, PMM, City of Bozeman, Gallatin County, Montana; and WHEREAS, the.Conditional Use Permit is subject to the following 16 conditions and 7 code provisions: 1. The subdivider shall ensure that a minimum of 10 percent of the net buildable acreage is dedicated to Restricted Size Lots (RSLs). For RSLs provided off-site in Baxter Meadows Phases 1 and 2C, the subdivider may provide for those smaller lot RSLs at a minimum ratio of 5,000 square feet required to 3,750 square feet provided achieving a minimum of 7.5 percent of the net buildable acreage. R: All RSLs for Phase 3A have been provided for off-site in Baxter Meadows Phases 1 and 2C. The 22 lots meet the minimum 7.5 percent of the net buildable acreage. The total lot area of Phase 3A is 861,848 square feet. The sum of the RSL lot areas provided is 64,659 square feet, yielding 7.5 percent of the net buildable acreage. Each of these owners, with lot, block and phase are provided under Tab 1. Baxter Meadows Phase 3 Final PUD Plan#Z-05266 PAGE 1 OF 7 2. The total floor area of the dwelling unit built on a lot in Phases 1 and 2C subject to the provisions of Section 18.42.180, Provision of Affordable Housing, (excluding area used for a garage) shall not exceed 1,575 square feet. R: All RSL lot owners in Phases 1 and 2C have signed Individual Property Owner Acknowledgements that state the maximum allowed square footage on their respective lot. Since the homes in Phase 1 have been previously constructed, they may not make any additional improvements to their homes to increase the existing square footage. None of the homes in Phase 2C yet to be constructed will exceed the maximum of 1,575 square feet. Please see copies of all recorded documents under Tab 1. 3. Restricted Size Lots (RSLs) in Phase 3 may have a minimum lot with of 45 feet. R: N/A—There are no RSLs in Phase 3A. 4. The watercourse setback along the relocated (eastern) portion of the Baxter-Border Ditch shall ne� be used to satisfy park land dedication requirements. (As amended by City Commission.) R: The watercourse setback along this eastern leg is used to satisfy parkland dedication requirements and is indicated as such on the Final Plat(See Condition 5 below also). • 5. The stream corridor and associated wetlands along the relocated (eastern) portion of the Baxter-Border Ditch within the dedicated parkland may be considered critical wildlife habitat or natural resources and used to satisfy park land dedication requirements. R: This area has been used as dedicated park and is indicated as such on the Final Plat (Tab 4) and on the park/open space calculations sheet in Tab 3. 6. The developer shall landscape the open space in accordance with a landscaping plan which meets or exceed the standards of Chapter 18.48. R: The landscape plans for the open space exceed the standards of Chapter 18.48. 7. RSL lots should be clustered, rather than lining a street, and there should be no more than five RSL lots adjacent to each other without a non-RSL lot or open space corridor separating the clusters. R: N/A—There are no RSLs in Phase 3A. 8. Block 16 may have a block length of less than 300 feet due to impractibility and a block width of less than 200 feet to overcome specific disadvantages of orientation. R: This has not changed and is shown on the Final Plat(Tab 4). • Baxter Meadows Phase 3 Final PUD Plan#Z-05266 PAGE 2 OF 7 i • 9. The five lots along the south side of Equestrian Lane and the west side of Riata Road shall be eliminated to provide additional park frontage. R: The five lots have been removed and that area is now dedicated park, allowing for additional frontage along Equestrian and Riata (Tab 4). 10. The lots along Baxter Lane and Harper Puckett Road 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, decorative lighting, and fences located in the yard setbacks shall not exceed a maximum height of 4 feet and shall be of an open construction. These architectural requirements shall be addressed and demonstrated in the covenants/development guidelines. R: Double-front architecture has been included in the Covenants (Section 7.2, pg. 15) and Architectural Design Guidelines (Article IV, Section A), pg. 7), and specifically relates to those lots which front Baxter Lane and Harper Puckett Road (Tab 5). 11. 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: Information regarding fencing has been included in the Covenants (Section 7.6, pg. 17) and Architectural Design Guidelines (Article V, Section 5.5 B), pp. 16, 17), and specifically relates to location, height and style(Tab 5). 12. The development guidelines shall include thumbnail sketches to demonstrate architectural requirements. R: Sketches are included in the Architectural Design Guidelines (pp. 8 ,9, 13, 14, 16, 17) and address items such as roof form, landscaping, eave and fascia details, and fence design (Tab 5). 13. The owner shall executed and submit the following documents 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: Condition is acknowledged. • Baxter Meadows Phase 3 Final PUD Plan#Z-05266 PAGE 3 OF 7 • 14. 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 Unified Development Ordinance. R: Condition is acknowledged. 15. 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 Unified Development Ordinance. R: Condition is acknowledged. 16. The final site plan shall comply with the standards identified and referenced in the Unified Development Ordinance. 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: Condition is acknowledged and all elements of the final site plan are included in Tabs 4, 6, 7, 8, 9 and 10. a. Per Section 18.48.020, planned unit development landscaping plans shall meet or exceed the standards of these landscaping regulations. R: The landscape plans go above and beyond the requirements in open spaces and parks and are included in Tabs 2 and 3. b. 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. This table shall address the replacement of the 8.14 acres of private open space counted towards Phases 1 and 2. R: This table is included under Tab 3 and addresses the private open space from Phases 1 and 2. c. Per Section 18.50.060, the trail system around the perimeter of the park land shall be constructed by the subdivider to provide direct pedestrian access to the perimeters without street frontage. R: This is shown on the approved Park Master Plan (Tab 2) and will be funded and installed by us. • Baxter Meadows Phase 3 Final Plan#Z-05266 PAGE 4 OF 7 • d. Per Section 18.50.060, the subdivider shall provide the additional land for a parking area based on lot frontage (- 922 feet) x 14 feet for - 12,908 square feet. The additional land for the parking area may not be counted towards the final park land dedication. If the frontage of the park changes, this number will be recalculated. R: Five lots were removed from the northeast corner of the large park so the lot frontage has changed to -672 feet. (-672 feet) x 14 feet = -9,412 square feet. The corresponding deduction has been made from the park area and is indicated on the Final Plat(Tab 2) and is shown on the park/open space calculations in the Amendment to the Park Master Plan located in Tab 3. The parking area is shown on the approved Park Master Plan (Tab 3). e. Per Section 18.50.060, the subdivider shall either develop the parking area or in lieu of the constructed parking area, an equivalent dollar value of non-parking improvements within the park are provided according to the individual park plan. R: We are providing the parking lot as shown on the approved Park Master Plan (Tab 3). f. 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 Office. R: Condition is acknowledged and has been submitted. g. 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: Condition is acknowledged. • Baxter Meadows Phase 3 Final PUD Plan#Z-05266 PAGE 5 OF 7 • 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 16 conditions and 7 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 , 2006. I PROPERTY OWNER Baxter Meadows 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. I Managing Member of Baxter Meadows West, LLC • Baxter Meadows Phase 3 Final PUD Plan#Z-05266 PAGE 6 OF 7 i • STATE OF ) :ss County of ) On this day of , 2006, 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 instrument, and acknowledged to me that they 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. (Signature above) . (Seal) (Printed Name above) Notary Public for State of Montana Residing at: Commission Expires: (Use 4 digits for expiration year) Baxter Meadows Phase 3 Final PUD Plan#Z-05266 PAGE 7 OF 7 f ' •s 1 r ' { i � y �� 1..+ •.� } i t 1 i I \• i , iii " I 1 I� i {� r t( '' i r,Ci2t>:6et'1� Sxaa,rtz Return Address: 3929 Bosal Street Bozeman,MT 59718 BAXTER MEADOWS RESTRICTED SIZE LOT INDIVIDUAL PROPERTY OWNER ACKNOWLEDGMENT DATEDthis a� day of 2006,the undersigned owner of Lot 23,Block 4,of Baxter Meadows PUD,Phase 1 does hereby lacknowledge and consent to the property being designated as a Restricted Size Lot(RSL)subject to Section 18.42.180 of the Bozeman Unified Development Ordinance. The undersigned owner confirms that the single-household dwelling unit constructed on this lot is 1436 square feet,and does not have a basement or bonus room which has not been included in this square footage. The undersigned owner understands that the square footage of this dwelling unit may not be increased unless Section 18.42.180 is no longer in effect. NOW,THEREFORE,BE IT HEREBY KNOWN,that the above-noted designation and restriction shall be binding upon me,the undersigned owner of the subject property,my successors or assigns,as long as Section 18.42.180 ofthe Bozeman UnifiedDevelopment Ordinance is in effect. PROPERTY OWNER (Signa& a above) il-"'(Z7h y: 1't. -r?— (Printed Name above) STATE OF MONTANA ) :ss County of Gallatin ) On this D�( day of ,2006,before me, a Notary Public for the State of Montana,personally appeared S W known tome to be the person whose name is subs ed to the within instrument and acknowledged to me that he/she executed the same. IN WITNESS WHEREOF,I have hereunto set my hand and affixed my seal on the day and year first written above. ow (Signature abov A1714<''-,�' (Printed Name above) Notary Public for State of Montana v A ` Residing at: � P (G r cl -e ►J Commission Expires: Of 9 - t`J 0 (Use 4 digits for expiration year) F Or fl.0 lillll lllli llili llllill i111111i 111111111t lllll 1111111102/21 2 219 200 vame-cauattn ca nT nrsc 7.00 Re0tturl AaaJrees1slo 3994 Bt>ViNStreet Bozeman,MT 59718 BAXTER MEADOWS RESTRICTED SIZE LOT INDIVIDUAL PROPERTY OWNER ACKNOWLEDGMENT DATED this dayof .Z 2006,theundersigned owner of Lot 10,Block 4,of Baxter Meadows PUD, Phase 1 does hereby acknowledge and consent to the property being designated as a Restricted Size Lot(RSL) subject to Section 18.42.180 of the Bozeman Unified Development Ordinance. The undersigned owner confirms that the single-household dwelling unit constructed on this lot is 1557 square feet,and does not have a basement or bonus room which has not been included in this square footage. The undersigned owner understands that the square footage of this dwelling unit may not be increased unless Section l 8.42.180 is no longer in effect NOW,THEREFORE,BE IT HEREBY KNOWN,that the above-noted designation and restriction shall be binding upon me,the undersigned owner of the subject property,my successors or assigns,as long as Section 18.42.180 ofthe Bozeman Unified Development Ordinance is in effect. PROPERTY OWNER (Sigdature above) t ' (Printed'Name above) STATE OF MONTANA ) .SS County of Gallatin n) On this day of E-�-�YuA-►N 2006, before me, a Notary Public for the State of Montana,personally appeared .JD ram_ 'f�i f i 4-e-G known tome to be the person whose name is subscribed to the within instrument and acknowledged to me that he/she executed the same. IN WITNESS WHEREOF,I have hereunto set my hand and affixed my seal on the day and year first written abgv�. Z % (Signature abov r0 .2 I (Seal) (Printed Name above) r, r Notary Public for State of Montana .�'. .% C .L . :� Residing at: .. .. ,�•V Commission Ex n-es:,1"3rx?�- (Use 4 digits for expiration year) 2219207 Illllll{llllllll{Illllilll{{IIIIIIIII{i11111111141111110z%z;,�0�:� !iT»llw Vu *A&11&tJn Co MT MISC T•� IIIlII f 2229871 I IlII II(Il lllll llllll lIIII IIIIII IN IIIII llll IIII 06/0,/2006 11:13R •� Sheller Vance-Gallatin Co MT RISC 7.00 fY1r.� Mos. �Urnvnu}�ek�) Return Address: 387913osal Street Bozeman,MT 59718 BAXTER MEADOWS RESTRICTED SIZE LOT INDIVIDUAL PROPERTY OWNER ACKNOWLEDGMENT DATED this 3 / day of ry .2006,the undersigned owner of Lot 32,Block 4,of Baxter Meadows PUD,Phase 1 does hereby acknowledge and consent to the property being designated as a Restricted Size Lot(RSL)subject to Section 18.42.180 of the Bozeman Unified Development Ordinance. The undersigned owner confirms that the single-household dwelling unit constructed on this lot is 1186 square feet,and does not have a basement or bonus room which has not been included in this square footage. The undersigned owner understands that the square footage of this dwelling unit may not be increased unless Section 18.42.180 is no longer in effect. NOW,THEREFORE,BE IT HEREBY KNOWN,that the above-noted designation and restriction shall be binding upon me,the undersigned owner of the subject property,my successors or assigns,as long as Section 18.42.180 ofthe Bozeman Unified Development Ordinance is in effect. PROPERTY OWNER (�gngtur,E,above) (Printed Name above) Lt STATE OF MONTANA ) :ss County of Gallatin ) Sfi On this 3 I day of A ruAl 2006, before me, a Notary Public for the State of Montana,personally appeared lefic ]mown to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he/she executed the same. IN WITNESS WHEREOF,I have hereunto set my hand and affixed my seal on the day and year first written above. 9 ~• o" (Suture abo j :(Seal) _ (Printed Name above) r Notary Public for State of Montana C - Residing at: Ct rl illf o 4ct coo` Commission Expires: (Use 4 digits f1cW expiration year) • i 2223094 i llllll llllf Illll Illllll 111111111111!lI111 i111111111111 03 29/2006 03:28P Sheller Vance-Gallatin Cc MT MISC 7.00 c7e•F�` In1� Return Address: 3992 Equestrian Lane Bozeman,MT 59718 BAXTER MEADOWS RESTRICTED SIZE LOT INDIVIDUAL PROPERTY OWNER ACKNOWLEDGMENT DATED this�day of XA4JVA\ .2006,the undersigned owner of Lot 9,Block 4,of Baxter Meadows PUD,Phase l does hereby acknowledge and consent to the property being designated as a Restricted Size Lot(RSL)subject to Section 18.42.180 of the Bozeman Unified Development Ordinance. The undersigned owner confirms that the single-household dwelling unit constructed on this lot is 1426 square feet,and does not have a basement or bonus room which has not been included in this square footage. The undersigned owner understands that the square footage of this dwelling unit may not be increased unless Section 18.42.180 is no longer in effect. NOW,THEREFORE,BE IT HEREBY KNOWN,that the above-noted designation and • restriction shall be binding upon me,the undersigned owner of the subject property,my successors or assigns,as long as Section 18.42.180 oftheBozeman Unified Development Ordinance is in effect PROPE OWNER oye) 1 (Printed Name above) STATE OF MONTANA ) :ss County of Gallatin ) On this Z""'day of AA avZ� — � 2006, before me,a Notary Public for the State of Montana,personally appeared ]mown to me to be the person whosenWe is subscribed to the within instrument and acknowledged to me that he/she executed the same. IN WITNESS WHEREOF,I have hereunto set my hand and affixed my seal on the day and year first written above. /l • �l .... . ... �0, (Signature abov1�4 /I •401'A o r(S.eal) (Printed Name above) A Notary Public for State of Montana - [ LQ: u�.•S l— ; Residing at: M Commission Expires: 3% (Use 4 digits foijexpiration year) 222295 II��IIIIII�III�IIIIIIIII��II�II�Illllllll��IIIII�II�I� 03//29/2006 03;27P 6h811ay Ysmal-Gallatin Cc MT MI6C 7.00 • id r2�.akc� etur,m AQress- 3926 Equestrian Lane Bozeman,MT 59718 BAXTER MEADOWS RESTRICTED SIZE LOT INDIVIDUAL PROPERTY OWNER ACKNOWLEDGMENT DATED this ZO-1dayof P IcA ,2006,the undersigned owner of Lot 19,Block 4,of Baxter Meadows PUD,Phase 1 does hereby acknowledge and consent to the property being designated as a Restricted Size Lot(RSL)subject to Section 18.42.180 of the Bozeman Unified Development Ordinance. The undersigned owner confirms that the single-household dwelling unit constructed on this lot is 1426 square feet,and does not have a basement or bonus room which has not been included in this square footage. The undersigned owner understands that the square footage of this dwelling unit may not be increased unless Section 18.42.180 is no longer in effect. NOW,THEREFORE,BE IT HEREBY KNOWN,that-the above-noted designation and restriction shall be binding upon me,the undersigned owner of the subject property,my successors or assigns,as long as Section 18.42.180 of the Bozeman Unified Development Ordinance is in effect. PROPERTY OWNER ( ature above)n (Printed Name above) STATE OF MONTANA ) :ss County of Gallatin ) On this�28ri�_day of 2006,before me, a Notary Public for the State of Montana,personally appeared known to me to be the person whose name is subscribedto the within instrument and acknowledged to me that he/she executed the same. IN WITNESS WHEREOF,I have hereunto set my hand and affixed my seal on the day and year first written above. vt � ture �O (Signa ) '\ P..rq*1 . aboveYrr v _ .kSeal) (Printed Name above) C C n Notary Public for State of Montana Uri,•-. � - Residing at: Rn�0,4nB.lt� ?>c •....... ' ' Commission Expires: NIOM7 . ': (Use 4 digits fdexpiration year) A-taM Oe+r Return Addless: 2244 Ferguson Avenue Bozeman,MT 59718 BAXTER MEADOWS RESTRICTED SIZE LOT INDIVIDUAL PROPERTY OWNER ACKNOWLEDGMENT DATED this ,90*'�ayof�2006,the undersigned owner of Lot 5,Block 4,of Baxter Meadows PUD,Phase 1 does hereby acknowledge and consent to the property being designated as a Restricted Size Lot(RSL)subject to Section 18.42.180 of the Bozeman Unified Development Ordinance. The undersigned owner confirms that the single-household dwelling unit constructed on this lot is 1436 square feet,and does not have a basement or bonus room which has not been included in this square footage. The undersigned owner understands that the square footage of this dweDing unit may not be increased unless Section 18.42.190 is no longer in effect. NOW,THEREFORE,BE IT HEREBY KNOWN,that the above-noted designation and restriction shall be binding upon me,the undersigned owner of the subject property,my successors or assigns,as long as Section 18.42.180 of the Bozeman Unified Development Ordinance is in effect. PROPERTY O i store above (Printed Name ab ve) STATE OF MONTANA ) :ss County of Gallatin ) On this aLff'tday of , 2006, before me, a Notary Public for the State of Montana,personally appeared A;Ja Aa Z lg� known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he/she executed the same. IN WITNESS WHEREOF,I have hereunto set my hand and affixed my seal on the day and year first written above. (Signa—t�ure abov r•0TAr -0 �n' l f/cr llf� ''Seal) �• (Printed Name above) II Notary Public for State of Montana S E L_ Residing at: 71 ``.. Commission Er'es: r-z (Use 4 digits f expiration year) I�IIIIi I1III��I�I III��I�III�I�I�I I�1I1{{{�111111111 11112219212 6h.11w vana"aliatln Co M7 MISC 7.00 Q.osS M�Mili� Return Address: 3965 Bosal Street Bozeman,MT 59718 BAXTER MEADOWS RESTRICTED SIZE LOT INDIVIDUAL PROPERTY OWNER ACKNOWLEDGMENT DATED this Z dayof r�6• .2006,the undersigned owner of Lot 13,Block 4,of Baxter Meadows PUD,Phase 1 does hereby acknowledge and consent to the property being designated as a Restricted Size Lot(RSL)subject to Section 18.42.180 of the Bozeman Unified Development Ordinance. The undersigned owner confirms that the single-household dwelling unit constructed on this lot is 1557 square feet,and does not have a basement or bonus room which has not been included in this square footage. The undersigned owner understands that the square footage of this dwelling unit may not be increased unless Section 18.42.180 is no longer in effect NOW,THEREFORE,BE IT HEREBY KNOWN,that the above-noted designation and restriction shall be binding upon me,the undersigned owner of the subject property,my successors or assigns,as long as Section 18.42.180 of the Bozeman Unified Development Ordinance is in effect • PROPERTY OWNER (Signature ove) (Printed Name above) STATE OF MONTANA ) :ss County of Gallatin ) On this�a y of F¢L,A,4 2006, before me, a Notary Public for the State of Montana,personally appeared 4J,,c� A,. ir1A:): , known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that helshe executed the same. IN WITNESS WHEREOF,I have hereunto set my hand and affixed my seal on the day and year first written above. 1-12 (Signature abov U4<�'. it�t�✓f �) Jay, (Printed Name above) Notary Public or State of Montana Residing at: AJ L— E A� ` ' Commission Expires: / q (Use 4 digits fo expiration year) {Illllllllllllllllllll!{Ilillll!{lilll{{Ililli{IIlIIII{ "1�7n�3. 9P Sheller Vann.-Gallatin Cc RT MiSC 7.00 Return Address: P.O.Box 10927 Bozeman,MT 59719 BAXTER MEADOWS RESTRICTED SIZE LOT INDIVIDUAL PROPERTY OWNER ACKNOWLEDGMENT DATED this_I_day of 1*,2 2006,the undersigned owner and contract purchaser of Lot 20,Block 13 of Baxter Meadows PUD,Phase 2C does hereby acknowledge and consent to the property beingdesignated as aRestricted Size Lot(RSL)subject to Section 18.42.180 of the Bozeman Unified Development Ordinance. The undersigned owner confirms that the single-household dwelling unit to be constructed on these lots will not exceed 1575 square feet,and does not have a basement or bonus room which has not been included in this square footage. The undersigned owner understands that the square footage of this dwelling unit may not be increased beyond the originally constructed square footage unless Section l 8.42.180 is no longer in effect. NOW,THEREFORE,BE IT HEREBY KNOWN,that the above-noted designation and restriction shall be binding upon me,the undersigned owner of the subject property,my successors or assigns,as long as Section 18.42.180 of the Bozeman Unified Development Ordinance is in effect. PROPERTY O (Si ature above) l ,✓'�'J'V T -*t w 4� (Printed Name above) STATE OF MONTANA ) :ss County of Gallatin ) On this nq4\lay of �1, 2006,before mg,, a Notary Public for the State of Montana,personally appeared /LILI CorvYL-tCl1-- known tome to be the person whose name is subscribed to the within instrument and acknowledged to me that he/she executed the same. IN W1TMSS WHEREOF,I have hereunto set my hand and affixed my seal on the day and year first written above. /2A (Signature abpve) '` dk9eal) (Printed Name above) Notary Publicfor State of Mon Residing at: '. Commission Expires: (Use 4 digits for expiration year) Z ,2 M?18 I6hdlay vanoa—Callatln Co MT RISC 7.00 eturn Address: P.O.Box 10927 Bozeman,MT 59719 BAXTER MEADOWS RESTRICTED SIZE LOT INDIVIDUAL PROPERTY OWNER ACKNOWLEDGMENT DATED this/I day of 2006,the undersigned owner and contract purchaser of Lot 9,Block 12 of Baxter Meadows PUD,Phase 2C does hereby acknowledge and consent to the property being designated as a Restricted Size Lot(RSL)subject to Section 18.42.180 of the Bozeman Unified Development Ordinance. The undersigned owner confirms that the single-household dwelling unit to be constructed on these lots will not exceed 1575 square feet,and does not have a basement or bonus room which has not been included in this square footage. The undersigned owner understands that the square footage of this dwelling unit may not be increased beyond the originally constructed square footage unless Section 18.42.180 is no longer in effect. NOW,THEREFORE,BE IT HEREBY KNOWN,that the above-noted designation and restriction shall be binding upon me,the undersigned owner of the subject property,my successor; or assigns,as long as Section 18.42.180 ofthe Bozeman Unified Development Ordinance is in effect. PROPERTY OWNER (Sign above) ^ (Printed Name above) STATE OF MONTANA ) :ss County of Gallatin ) On this _day of 2006,before me, Notary Public for the State of Montana,personally appeared el _ known tome to be the person whose name is subscribed to the within instrument and acknowledged to me that he/she executed the same. IN WITNESS WHEREOF,I have hereunto set my hand and affixed my seal on the day and year first written above. (SignaNreabov _ � `(��1) (Printed Name above) #', � 44 Notary Publ" for State of Montana n'.`) 'A L. Residing at: Commission Expires: (Use 4 digits forxpiration year) I IIIIII�ifl)I11��fllllll�I��illl�l(lt�i ilf�II�I 1��I lllf 22 112 19223P Shelley Vanca-Gallatin Co MT MiSC 7.00 Return Address: P.O.Box 10927 Bozeman,MT 59719 BAXTER MEADOWS RESTRICTED SIZE LOT INDIVIDUAL PROPERTY OWNER ACKNOWLEDGMENT DATED this/ -�7. day of /-� 2006,the undersigned owner and contract purchaser of Lot 8, Block 12 of Baxter Meadows PUD,Phase 2C does hereby acknowledge and ` consent to the property being designated as a Restricted Size Lot(RSL)subject to Section 18.42.180 of the Bozeman Unified Development Ordinance. i The undersigned owner confirms that the single-household dwelling unit to be constructed on these lots will not exceed 1575 square feet,and does not have a basement or bonus room which has not been included in this square footage. The undersigned owner understands that the square footage of this dwelling unit may not be increased beyond the originally constructed square footage unless Section 19.42.180 is no longer in effect. NOW,THEREFORE,BE IT HEREBY KNOWN,that the above-noted designation and restriction shall be binding upon me,the undersigned owner of the subject property,my successors or assigns,as long as Section 18.42.180 oftheBozeman Unified Development Ordinance is in effect. PROPERTY OWNS (Sigodwre above) (Printed Name above) STATE OF MONTANA ) :ss County of Gallatin ) On this I I day of 2006, before me, a Notary Public for the State of Montana,personally appeared Mk lad Me CO rvl.d. k— known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that helshe executed the same. i� IN WITNESS WHEREOF,I have hereunto set my hand and affixed my seal on the day and year first written above. I (Sign above l (Printed Name above) Notary Public for State of Montana C 1 ! Residing at: Btt k � i Commission Expires: 72 (Use 4 digits f expiration year) IIIIII��I�I II�t'III!!���II�II�II!I��IIlII III��II��I�I) Page: I of I 0212112006 22192�22 Shelley Vann.-Gallatin Cc Mr 1115C 7.ea A �� M Cvv�•.�rk Return Address: P.O.Box 10927 Bozeman,MT 59719 BAXTER MEADOWS RESTRICTED SIZE LOT INDIVIDUAL PROPERTY OWNER ACKNOWLEDGMENT DATED this / _� day of rey> - _, 2006,the undersigned owner and contract purchaser of Lot 23,Block 13 of Baxter Meadows PUD,Phase 2C does hereby acknowledge and consent to the property being designated as a Restricted Size Lot(RSL)subject to Section l 8.42.180 of the Bozeman Unified Development Ordinance. The undersigned owner confirms that the single-household dwelling unit to be constructed on these lots will not exceed 1575 square feet,and does not have a basement or bonus room which has not been included in this square footage. The undersigned owner understands that the square footage of this dwelling unit may not be increased beyond the originally constructed square footage unless Section 18.42.180 is no longer in effect. NOW,THEREFORE,BE IT HEREBY KNOWN,that the above-noted designation and restriction shall be binding upon me,the undersigned owner of the subject property,my successors or assigns,as long as Section 18.42.180 ofthe Bozeman Unified Development Ordinance is in effect. PROPERTY OWNER Sign a above) (Printed Name above) STATE OF MONTANA ) :ss County of Gallatin ) On this 11 day of F� r 2006, before me, a Notary Public for the State of Montana,personally appeared /( C eg rrtm lc*6— known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he/she executed the same. IN WITNESS WHEREOF,I have hereunto set my hand and affixed my seal on the day and year first written above. _^ O `•,Ltizi•<04 (Signatu above) I�o :(Seal) (Printed Name above) I Notary Public r State of Montana r.'•J C �,' ! . Residing at r?V^" Commission Expii s: 31;aCb - (Use 4 digits for expiration year) 111lllll llf lllilifllllll ??I 1221 5hU!w Vano*-C\ll&tln Ca MT MISC 7.00 N'liclnaw� M`C'prn�-�� Return Address: P.O.Box 10927 Bozeman,MT 59719 BAXTER MEADOWS RESTRICTED SIZE LOT INDIVIDUAL PROPERTY OWNER ACKNOWLEDGMENT DATED this / 17`day of r_44 2006,the undersigned owner and contract purchaser of Lot 22,Block 13 of Baxter Meadows PUD,Phase 2C does hereby acknowledge and consent to the property being designated as a Restricted Size Lot(RSL)subject to Section 18.42.180 of the Bozeman Unified Development Ordinance. The undersigned owner confirms that the single-household dwelling unit to be constructed on these lots will not exceed 1575 square feet,and does not have a basement or bonus room which has not been included in this square footage. The undersigned owner understands that the square footage of this dwelling unit may not be increased beyond the originally constructed square footage unless Section 18.42.180 is no longer in effect. NOW,THEREFORE,BE IT HEREBY KNOWN,that the above-noted designation and restriction shall be binding upon me,the undersigned owner of the subject property,my successors or assigns,as long as Section18.42.180oftheBozemanUnifiedDevelopmentOrdinanceisineflect. PROPERTY OWNER ls...-ram (Si ature a ve) (Printed Name above) STATE OF MONTANA ) :ss County of Gallatin ) On this N�'^�ay of 2006, before me, a Notary Public for the State of Montana,personally appeared [ a M e.ed rrt1.+'iL known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he/she executed the same. IN WITNESS WHEREOF,I have hereunto set my hand and affixed my seal on the day and year first written above. (Signalabove) f�o'IN Al .O t (Printed Name above) Notary PubliExpirees: State of Mo ana A t Residing at:Commission t,( 31,9Wq- (Use 4 digits for expiration year) Illllfllf(ff811flllflllflilllflllllllllllffllillllllll ??? 220 ehallay Vano"an.tin co Mr MIse 7.00 (�l1it`r�te,Q /V1cC,artaidc. Return Address: P.O.Box 10927 Bozeman,MT 59719 BAXTER MEADOWS RESTRICTED SIZE LOT INDIVIDUAL PROPERTY OWNER ACKNOWLEDGMENT DATED this 14 day of 2006,the undersigned owner and contract purchaser of Lot 21,Block 13 of Baxter Meadows PUD,Phase 2C does hereby acknowledge and consent to the property being designated as aRestricted SizeLot(RSL)subject to Section 18.42.180 of the Bozeman Unified Development Ordinance. The undersigned owner confirms that the single-household dwelling unit to be constructed on these lots will not exceed 1575 square feet,and does not have a basement or bonus room which has not been included in this square footage. The undersigned owner understands that the square footage of this dwelling unit may not be increased beyond the originally constructed square footage unless Section 18.42.180 is no longer in effect. NOW,THEREFORE,BE IT HEREBY KNOWN,that the above-noted designation and restriction shall be binding upon me,the undersigned owner of the subject property,my successors lot or assigns,as long as Section 18.42.180 oftheBozeman Unified Development Ordinance is in effect. PROPERT Y0WNEPyj (Si Lure a ve) f19�[ra.,�f (Printed Name above) STATE OF MONTANA ) :ss County of Gallatin ) On this _day of 4 2006 be re me, a otary Public for the State of Montana,personally appeared /U t �-{ � CA►�j� known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he/she executed the same. IN WITNESS WHEREOF,I have hereunto set my hand and affixed my seal on the day and year first written above. (Sign:,;.; , r• • above '()seal) (Printed Name above) r Notary Public or State of Montana P,'•.S C �', _ r Residing at: Owta� Commission Expires: (Else 4 digits for expiration year) 2219219 11111111111111111111111I{Illlllll{II{IIIII{{111111111� �a2;,2008 03:09P Shsll.v Vanc"allstln Ca MT MISC 7.00 rAjdiotd ►�"Conv � Return Address: P.O.Box 10927 Bozeman,MT 59719 BAXTER MEADOWS RESTRICTED SIZE LOT INDIVIDUAL PROPERTY OWNEROWNER ACKNOWLEDGMENT DATED this day of 'P Lh 2006,the undersigned owner and contract purchaser of Lot 19,Block 13 of Baxter Meadows PUD,Phase 2C does hereby acknowledge and consent to the property being designated as a Restricted Size Lot(RSL)subject to Section 18.42.180 of the Bozeman Unified Development Ordinance. The undersigned owner confirms that the single-household dwelling unit to be constructed on these lots will not exceed 1575 square feet,and does not have a basement or bonus room which has not been included in this square footage. The undersigned owner understands that the square footage of this dwelling unit maynot be increased beyond the originally constructed square footage unless Section 19.42.180 is no longer in effect. NOW,THEREFORE,BE IT HEREBY KNOWN,that the above-noted designation and restriction shall be binding upon me,the undersigned owner of the subject property,my successors or assigns,as long as Section 18.42.180 of the Bozeman Unified Development Ordinance is in effect. PROPERTY OWNER n (Sign ve (Printed Name above) STATE OF MONTANA ) :ss County of Gallatin ) On this=day of F ,2006, before me, a Notary Public for the State of Montana,personally appeared ad /U d.&r rk.t c P— known tome to bethe person whose name is subscribed to the within instrument and acknowledged to me that he/she executed the same. IN WITNESS WHEREOF,I have hereunto set my hand and affixed my seal on the day and year first written above. (Signs abgve) (Printed Name above) Notary Public for State of Moptana Residing at: B;Pt :• '::'4\` Commission Expires: 3/ � t (Use 4 digits for expiration year) Iillillllllllllllllllllllll�IIIIIIiIlIlllllllllll/IIII�z120M WOW Shelley Vance-Callatln Co MT MISC 7.00 I s Return Address: P.O.Box 10927 Bozeman,MT 59719 BAXTER MEADOWS RESTRICTED SIZE LOT INDIVIDUAL PROPERTY OWNER ACKNOWLEDGMENT DATED this l?" day of 1� , 2006,the undersigned owner and contract purchaser of Lot 15,Block 13 of Baxter Meadows PUD,Phase 2C does hereby acknowledge and consent to the property being designated as a Restricted Size Lot(RSL)subject to Section 18.42.180 of the Bozeman Unified Development Ordinance. The undersigned owner confirms that the single-household dwelling unit to be constructed on these lots will not exceed 1575 square feet,and does not have a basement or bonus room which has not been included in this square footage. The undersigned owner understands that the square footage of this dwelling unit may not be increased beyond the originally constructed square footage unless Section 18.42.]80 is no longer in effect. NOW,THEREFORE,BE IT HEREBY KNOWN,that the above-noted designation and restriction shall be binding upon me,the undersigned owner of the subject property,my successors or assigns,as long as Section 18.42.180 ofthe Bozeman Unified Development Ordinance is in effect. PROPERTY OWNER (Sigikqe ve) �,;•�L..�LI� �t to ram, (Printed Name above) STATE OF MONTANA ) :ss County of Gallatin ) On this�ay of G�iVtitlt ,2006 before me, a Notary Public for the State of Montana,personally anveared 1C Q L� /�C�YN.t1G�C known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he/she executed the same. IN WITNESS WHEREOF,I have hereunto set my hand and affixed my seal on the day and year first written above. y ( �Si ayre above I ((O ' Seal) (Printed Name above) Notary Pubic or State of Montana Residing at: IYt�L dri Commission Expires: 3 200 (Use 4 digits for expiration year) 1������Illli IIIII Iillill III illlll 111111111 IN 1111 IN 212 121BU 192 is Shelley Yana*-Gallatin Co MT MISC 7.0i Return Address: P.O.Box 10927 Bozeman,MT 59719 BAXTER MEADOWS RESTRICTED SIZE LOT INDIVIDUAL PROPERTY OWNER ACKNOWLEDGMENT DATED this —day of _, 2006,the undersigned owner and contract purchaser of Lot 14,Block 13 of Baxter Meadows PUD,Phase 2C does hereby acknowledge and consent to the property being designated as a Restricted Size Lot(RSL)subject to Section 18.42.180 of the Bozeman Unified Development Ordinance. The undersigned owner confirms that the single-household dwelling unit to be constructed on these lots will not exceed 1575 square feet,and does not have a basement or bonus room which has not been included in this square footage. The undersigned owner understands that the square footage of this dwelling unit may not be increased beyond the originally constructed square footage unless Section 18.42.180 is no longer in effect. NOW,THEREFORE,BE IT HEREBY KNOWN,that the above-noted designation and restriction shall be binding upon me,the undersigned owner of the subject property,my successors or assigns,as long as Section l 8.42.180 ofthe Bozeman Unified Development Ordinance is in effect. PROPE OWNER RTY (Si a e bove (Printed Name above) STATE OF MONTANA ) :ss County of Gallatin ) On this _(µ day of t 2006 before me, a Notary Public for the State of Montana,personally appeared ft' iad lV P_Co ra trc- known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he/she executed the same. IN WITNESS WHEREOF,I have hereunto set my hand and affixed my seal on the day and year first w>oitten above. . :.ice",,.•. :z13. (Signs above _r 7", � b ` (Seal) (Printed Name above) Notary Publi5�for State of Montaqa Residing at:b/)2E'1y4�t. IU(DK `` Commission Expires: -3 ,-60q (Use 4 digits for expiration year) IIIII�IIII�I�I��IIIII�I II�I�II�IIIIII lu�II�I III I��I Page: I 2219f I Shelley Vana"allatln Cc MT MISC 7.00 Return Address: P.O.Box 10927 Bozeman,MT 59719 BAXTER MEADOWS RESTRICTED SIZE LOT INDIVIDUAL PROPERTY OWNER ACKNOWLEDGMENT DATED this �_day of r'f-'S 2006,the undersigned owner and contract purchaser of Lot 11,Block 13 of Baxter Meadows PUD,Phase 2C does hereby acknowledge and consent to the property being designated as a Restricted Size Lot(RSL)subject to Section 18.42.180 of the Bozeman Unified Development Ordinance. The undersigned owner confirms that the single-household dwelling unit to be constructed on these lots will not exceed 1575 square feet,and does not have a basement or bonus room which has not been included in this square footage. The undersigned owner understands that the square footage of this dwelling unit may not be increased beyond the originally constructed square footage unless Section 18.42.180 is no longer in effect. NOW,THEREFORE,BE IT HEREBY KNOWN,that the above-noted designation and restriction shall be binding upon me,the undersigned owner of the subject property,my successors orassigns,as long as Section 18.42.180 ofthe Bozeman Unified Development Ordinanceis in e&ct. PROPERTY27/1-� Si ature a ve (Printed Name above) STATE OF MONTANA ) :ss County of Gallatin ) On this �day of FV-- 2006, before me, a Notary Public for the State of Montana,personally appeared Attck2i Ike-d e rmrc.k , known tome to be the person whose name is subscribed to the within instrument and acknowledged to me that heJshe executed the same. IN WITNESS WHEREOF,I have hereunto set my hand and affixed my seal on the day and year first written above. (Sign above) 12 (Printed Name above) Notary Public f r State of Montana 5.E I-` �... Residing at: a4U41a4l — Commission Expires: �!�2t�D� (Else 4 digits for expiration year) J, Illllllllllill11111111i1111llllllllllli1111111IIIIIlil 221 M �O Sheller Vane-Qillatln Co N7 M[SC 7.00 IVt,IYI/"(AorM cr 1C Return ddress: P.O.Box 10927 Bozeman,MT 59719 BAXTER MEADOWS RESTRICTED SIZE LOT INDIVIDUAL PROPERTY OWNER ACKNOWLEDGMENT DATED this % day of ���, 2006,the undersigned owner and contract purchaser of Lot 1, Block 13 of Baxter Meadows PUD,Phase 2C does hereby acknowledge and consent to the property being designated as a Restricted Size Lot(RSL)subject to Section 18.42.180 of the Bozeman Unified Development Ordinance. The undersigned owner confirms that the single-household dwelling unit to be constructed on these lots will not exceed 1575 square feet,and does not have a basement or bonus room which has not been included in this square footage. The undersigned owner understands that the square footage of this dwelling unit may not be increased beyond the originally constructed square footage unless Section 18.42.180 is no longer in effect. NOW,THEREFORE,BE IT HEREBY KNOWN,that the above-noted designation and restriction shall be binding upon me,the undersigned owner of the subject property,my successors or assigns,as long as Section 18.42.180 ofthe Bozeman Unified Development Ordinance is in effect. PROPERTY OWNER (Sign above) (Printed Name above) STATE OF MONTANA ) :ss County of Gallatin ) On this _day of rP—b►Z!922 20Q6�, before me, a Notary Public for the State of Montana,personally appeared /cif�`cliae./ /KC on rm ick known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he/she executed the same. IN WITNESS WHEREOF,I have hereunto set my hand and affixed my seal on the day and year first written above. (A (Sign above p'fARi <`O / l O (S'ealj (Printed Name above) C I_,1, Notary Public for State of Montana J Residing at: ��n4Ai, /1�trn - Commission Expires: .1u ly 3[ !" (Use 4 digits for expiration year) I III�If III�I II�1{'I��IIf III�III�1 IIIIII I��IIII1 Illl III 2219213 Shelley Vanee-ltallatln Cc MT MISC 7.03 i Return Address: P.O.Box 10927 Bozeman,MT 59719 BAXTER MEADOWS RESTRICTED SIZE LOT INDIVIDUAL PROPERTY OWNER ACKNOWLEDGMENT DATED this/�day of�_, 2006,the undersigned owner and contract purchaser of Lot 10,Block 12 of Baxter Meadows PUD,Phase 2C does hereby acknowledge and consent to the propertybeing designated as a Restricted Size Lot(RSL)subject to Section 18.42.180 of the Bozeman Unified Development Ordinance. The undersigned owner confirms that the single-household dwelling unit to be constructed on these lots will not exceed 1575 square feet,and does not have a basement or bonus room which has not been included in this square footage. The undersigned owner understands that the square footage of this dwelling unit may not be increased beyond the originally constructed square footage unless Section 18.42.180 is no longer in effect. NOW,THEREFORE,BE IT HEREBY KNOWN,that the above-noted designation and restriction shall be binding upon me,the undersigned owner of the subject property,my successors or assigns,as long as Section 18.42.180 oftheBozeman Unified Development Ordinance is in effect. 77;r'�7/7_ (Si a bove)' (Printed Name above) STATE OF MONTANA ) :ss County of Gallatin ) On this_ day of fib ,200p, before me, a Notary Public for the State of Montana,personally appeared known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he/she executed the some. IN WITNESS WHEREOF,I have hereunto set my hand and affixed my seal on the day and year first written above. (Signs above) T"r( 6 t f Seal (Printed Name above) Notary Public for State of M tang ' - Residing at: z&1+R4t : V�;� Commission Expires: 3l. `�- "� se 4 digits for expiration ear II��II i�I�I IIII�If1IfIi II��f�nB ll��i 111 I��II Ifll l��f 221 ost I Shallay Vana"allattn Ca Nr MISC 7.00 s �� Return Address: 3917 Bosal Street Bozeman,MT 59718 BAXTER MEADOWS RESTRICTED SIZE LOT INDIVIDUAL PROPERTY OWNER ACKNOWLEDGMENT DATED this ! ( dayof 006,theundersigned owner of Lot 24,Block 4,of Baxter Meadows PUD, Phase I does hereb knowledge and consent to the property being designated as a Restricted Size Lot(RSL)subject to Section 18.42.180 of the Bozeman Unified Development Ordinance. The undersigned owner confirms that the single-housebold dwelling unit constructed on this lot is 1436 square feet,and does not have a basement or bonus room which has not been included in this square footage. The undersigned owner understands that the square footage of this dwelling unit may not be increased unless Section 18.42.180 is no longer in effect. NOW,THEREFORE,BE IT HEREBY KNOWN,that the above-noted designation and restriction shall be binding upon me,the undersigned owner of the subject property,my successors • or assigns,as long as Section 18.42.180 ofthe Bozeman Unified Development Ordinance is in effect. P P ( i a e (Printed ame ove) STATE OF MONTANA ) :ss County of Gallatin ) On this /7t"'day of 2006,b fore me, a Notary Public for the State of Montana,personally appeared k Me known to me to be the person whose game is subscribed to the within instrument and acknowledged to me that he/she executed the same. IN WTTNES S WHEREOF,I have hereunto set my hand and affixed my seal on the day and year first wrltten.above. /21 flA _ (SignAtvre abov (� (Seal) (Printed Name above) C �- Notary PubliF4or State of Montfna Residing at: `' Commission Expires: r' (Use 4 digits for expiration year) 111111111iIIlIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIL 2219S le" 111111111 Sh91I*Y v,.*-O4Il4lln Co MT MISC 7.00 Joe rnilit-edo Return Address: 3971 Bosal Street Bozeman,MT 59718 BAXTER MEADOWS RESTRICTED SIZE LOT INDIVIDUAL PROPERTY OWNER ACKNOWLEDGMENT DATEDthis 1-1 �dayof F °4 ,2006,theundersigned owner of Lot 14,Block 4,of Baxter Meadows PUD,Phase l does hereby acknowledge and consent to the property being designated as a Restricted Size Lot(RSL)subject to Section 18.42.180 of the Bozeman Unified Development Ordinance. The undersigned owner confirms that the single-household dwelling unit constructed on this lot is 1557 square feet,and does not have a basement or bonus room which has not been included in this square footage. The undersigned owner understands that the square footage of this dwelling unit may not be increased unless Section 18.42.180 is no longer in effect. NOW,THEREFORE,BE IT HEREBY KNOWN,that the above-noted designation and restriction shall be binding upon me,the undersigned owner of the subject property,my successors or assigns,as long as Section 18.42.180 ofthe Bozeman Unified Development Ordinance is in effect. PROPERTY OWNER (Si afore above) above) STATE OF MONTANA ) :ss County of Gallatin ) eA— On this 2-I day of 2006, before me, a Notary Public for the State of Montana,personally appeared_,�hs e Ak M i l e fe Ito known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he/she executed the same. IN WITNESS WHEREOF,I have hereunto set my hand and affixed my seal on the day and year first written above. (Printed Name above) ?'''<s `�1 Notary Public for State of Montana E .[ Residing at: i r Commission Expires: f,,l p• O (Use 4 digits for expiration year) • l 4��h1 I�III IIItI�Illlll ll'I�II�lIl(III III������������� ZZ 19208 3h.110v Varto._6.11.tln Co MT PUN 7.N Ltt,,��nK ►vlujers Return Address: 3968 Equestrian Lane Bozeman,MT 59718 BAXTER MEADOWS RESTRICTED SIZE LOT INDIVIDUAL PROPERTY OWNER ACKNOWLEDGMENT DATED this day of ,2006,the undersigned owner of Lot 12,Block 4,of Baxter Meadows PUD,Phase 1 does hereby acknowledge and consent to the property being designated as a Restricted Size Lot(RSL)subject to Section 18.42.180 of the Bozeman Unified Development Ordinance. The undersigned owner confi rms that the single-household dwelling unit constructed on this lot is 1557 square feet,and does not have a basement or bonus room which has not been included in this square footage. The undersigned owner understands that the square footage of this dwelling unit may not be increased unless Section 18.42.180 is no longer in effect. NOW,THEREFORE,BE IT HEREBY KNOWN,that the above-noted designation and restriction shall be binding upon me,the undersigned owner of the subject property,my successors • or assigns,as long as Section 18.42.180 ofthe Bozeman Unified Development Ordinance is in effect. PROPERTY OWNER ( ign ture abov (PrintJd Name above) STATE OF MONTANA ) :ss County of Gallatin ) On this of P_h r-W-0-L� ,2006, before me, a Notary Public for the State of Montana,personally appeared L4 h n M:L-/Lt--, known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he/she executed the same. IN WITNESS WHEREOF,I have hereunto set myhand and affixed my seal on the day and year first written above. r �l.�ar7/J��O/ (Signapure v .a- (Seal) (Printed Name above) E Notary Public for State of Montana � �.S �_ ,4�.. i? _ Residing at: IS.+E'vUinAa 41�� ' Commission Expires: / (Use 4 digits f expiration year) 111111111111lIIII!lIIII1I11!!IIIIIl1llIlilllll221/2�0 I1111111 Shell., V.,.-Wliatln Cc NT MIGC 7.00 ' • �� y + � � ' Ik ? N . I 'i I i , � { I. i. i p p + '� J II '� • i 1 1 , f ' '� I 1 11 1{11 4 I 1117 Y 1 • i' j �' i iBAXTER MEADOWS PHASE 3 PARKS MASTERPLAN Prepared For: i' 3985 Valley Commons Drive Bozeman, Montana 59718-6633 ph. 406-586-9922 prepared By.• >S13RC i r jL t D CAPE ARCHITECTURE!R cF11N4NG/ENVIRONMENTAL DESIGN ' I ! 20 'Narth 4 i i Billings, Off, -ph. 406-2g4- 14 '" ►" ! ' ;� frl, f ;� wwwpeastgplafns.com �.. iG f 0 BAXTER MEADOWS PHASE 3 • T � Par Master P an TABLE OF CONTENTS LOCATION AND HISTORY 2 EXISTING CONDITIONS Z PARK AND OPEN SPACE IMPROVEMENTS 3 NEIGHBORHOOD PARK — GENERAL 3 VEHICULAR CIRCULATION SYSTEMS 3 SITE FURNITURE 3 PLAYGROUND AREA 3 UNPROGRAMMED OPEN SPACE 4 PEDESTRIAN CIRCULATION 4 AESTHETIC AND FUNCTIONAL GRADING 4 WOODY VEGETATION 5 HERBACEOUS VEGETATION 6 WATERCOURSE SETBACK VEGETATION 7 IRRIGATION SYSTEMS 8 MAINTENANCE 8 • RESPONSIBLE PARTY 8 MOWING AND WATERING 8 FERTILIZATION 8 NOXIOUS WEED CONTROL 9 SNOW REMOVAL 9 PLAYGROUND INSPECTIONS 9 IRRIGATION SYSTEMS 9 ANIMAL CONTROL 10 APPENDIX 11 OVERALL SITE PLAN ( INCLUDES OPEN SPACE VS. PARK LAND EXHIBIT) A MASTER UTILITY& PHASING PLAN B ZONING C ADJACENT PROPERTY OWNERS D SOILS INFORMATION E WETLANDS & CRITICAL LANDS F DESIGN GUIDELINES FOR CITY OF BOZEMAN PARKS G • HOA GUIDELINES H COST ESTIMATE & RESPONSIBILITY I MASTER PLAN J P--a , iTi:a'. i n,P.C. -1- July 2006 s BAXTER MEADOWS PHASE 3 • ___-----___ Par Ma�sterPlan LOCATION AND HISTORY Baxter Meadows is a Planned Unit Development r (PUD) consisting of approximately 460 acres. The y PUD boundary is irregular, but is generally bounded by Cattail Street to the north, Davis Lane to the east, Harper Puckett Road to the-west and Caballo Avenue to the south. This park master plan relates specifically -r to Phase 3 of the subdivision. Phase 3 of the PUD is I located in the southwest quarter of section 34, Township - 1 South, Range 5 East in Gallatin County, Bozeman, Montana. Previous phases are under the direction of a park master plan prepared by Olson Landscape Architecture, Inc. The area has been historically used for agricultural purposes for the production of hay and grain as well as an existing dairy farm. One hundred acres of land within the PUD was sold to Gallatin County for the purpose of creating a regional park. Phase 3 has approximately 26.78 acres of park and open space land. f:X i w'l l NQ CONDITIONS Existing neighboring conditions include the regional park to the south, which may include a YMCA and facility. Recently, a 10 acre $ • (+,-) parcel previously part of Phase 3 was sold to the Bozeman School District in addition to an adjacent 20 acre parcel to the north.! This will be the future site for a middle school.Also adjacent to the - area is residential homes, a dairy farm and agricultural open land, - under cultivation. Phase 1 of Baxter Meadows was platted in March of 2003. Phase 1 consisted of medium density multi-family lots, estate lots, transitional density lots, a bed and breakfast, two pocket parks and a section of a linear park. Also included is a veterinary clinic, which is immediately adjacent to Phase 3. Phase 2 was divided into several sub-phases and obtained final plat in the summer of 2005. Phase 2 consists of neighborhood mixed use lots, retail office and medium density housing. It also includes a section of a linear park that connects to Phase 1 land. Phase 3 is divided into two sub-phases with approximately 73.3 total acres. This Park Master Plan specifically references only Phase 3A, as denoted on the attached landscape plans. Most of Phase 3 includes low-density, single-family residential homes with detached garages. The remaining lots in Phase 3 are comprised of medium-density single family homes with attached garages. This phase also includes significant amounts of open lands. The largest tract of land, consisting of approximately 11.4 acres is just north of the intersection of Baxter Lane and Flanders Mill Road and will serve as the neighborhood park for the subdivision. This tract also includes two water courses that converge on the north end of this park. Water from both ditches forms the Baxter-Border Ditch which continues to flow to the north through the • remaining open lands.Additional open lands are found adjacent to arterial and collector streets and mid-block through the center of Phase 3, forming an interconnected trail system. c Peak,; to PIlia"e csil:„n,P.C- -2- July 2006 BAXTER MEADOWS PHASE 3 Park Master Pan ®® � 1VOPEN SPACE IMPROVEMENTS • NEIGHBORHOOD PARK- GENERAL The neighborhood park is the largest tract of land located within the Phase 3 park and open space areas. With over eleven contiguous acres, the existing natural features include two waterways. These wet areas have existing mature cottonwood trees that will be saved and protected from construction. In addition, wetland mitigation and enhancement efforts have resulting in the planting of many dogwoods, aspen and willow species. These efforts have been implemented under the direction of Land and Water Consulting (P,B,S & J). VEHICULAR CIRCULATIONSYSTEMS Proposed additions to the large park area include a small parking lot (9 spaces, including one handicap stall) with a drop off bay. The access is off of Baxter Lane, an arterial street. The parking lot will be paved with asphalt surfacing. The edge treatment will be curb and gutter with storm water run off handled on site. Access off the parking lot will be serviced by concrete sidewalks that will connect to the Baxter Lane boulevard walks. The sidewalk will be adjacent to the parking area and extend just past the playground, again connecting to Baxter Lane. In addition to the parking lot, street parking is provided on the north, east and south. This is approximately 85% of the perimeter of the park. SITE FURNITURE Additional site furniture such as benches and trash receptacles are placed throughout the site. All benches will be permanently mounted in place. Trash receptacles shall be placed near the picnic areas for purposes of collecting park-use related refuse. A park entry sign will be located at the intersection of the parking lot approach and Baxter Lane. The sign will conform to the PUD and City of ll Bozeman codes and regulations and will bes approved by the City prior to its placement. Sample site furnishings and sign are shown at right. PLAYGROUND AREA Just west of the parking area, a 70 foot diameter circle will enclose a playground targeted for children ages 2 through 12 years of age. The circle will be comprised of a thickened edge concrete walk that will provide ADA access as well as containment of the wood fiber playground surfacing. All playgrounds must be approved by a Certified Playground Safety Inspector (CPSI) and meet ASTM F1487-01, CPSC and ADA guidelines and specifications. The structural components of the playground equipment must be steel or aluminum. No wood structures are allowed. The playground equipment should have at least 20 play events • �c:i?c to Fi;ait;. -3- July 2006 BAXTER MEADOWS PHASE 3 • Park Master Pan with the required number of play events accessible for ADA requirements.A modular system incorporating a slides, climbing walls, balance beams and other features are desirable items for this type of development. As an indication of quality, a recommended playground is shown here. This equipment is produced by Kompan, and consists of four separate components as shown. Actual selected equipment will be submitted to the City of Bozeman Parks Department for review and approval prior to installation. I , UNPROGRAMMED OPEN SPACE ; Radiating out from the active use area is a large open play lawn for unprogrammed activities. This play lawn is bordered on the north by an 8'wide east-west gravel trail to connect to Andalusian and Riata Roads. On the north side of the eastern irrigation ditch is an additional large area of irrigated and manicured open space for similar activities. PEDESTRIAN CIRCULATION Pedestrian circulation throughout this area is facilitated by a series of trails and sidewalks which allow for passage around the entire perimeter of the park. The aforementioned east- west gravel trail provides logical connection through the core area of the park, bound on the north and south by the two unprogrammed open spaces. Waterway crossings are necessary in three locations. In all three locations, a pedestrian-loaded bridge with a minimum 96" width will be installed, with the appropriate tread and guardrails, similar in design to that found in the linear park of Baxter Meadows Phase 1. All gravel trails will be built to the City of Bozeman standards, including 3/8 inch gravel with a 20 percent clay binder that is rolled and compacted to create a firm, stable surface. Almost all of the gravel trails in this phase will be constructed to a 6 foot width. The gravel trail that runs north-south starting at the intersection of the Baxter-Border Ditch and Baxter Lane will be eight feet wide due to its connectivity through the neighborhood from north to south and ultimately to the Regional Park. The east-west connection through the core of the 11-acre park will also be built to an 8' width. AESTHETIC AND FUNCTIONAL GRADING Large berms are placed throughout the site to give the landform additional character and interest, screen residences from public uses and provide additional safety and security from roadways. Berming is especially critical along Harper ' ° R' Puckett Road where the future arterial will be located ` - � adjacent to the yards of many residences. The berms will be ... in contrast to several detention ponds located throughout the01 subdivision. These on site facilities will collect water during • run off events then quickly disperse it into the appropriate !-,-� - c•e ...tk,i^Pi:�i��s �;..i•.;n,F.C.��. July 2006 I BAXTER MEADOWS PHASE 3 Park Master Pan ;• water body after the sediments have settled. The detention ponds will be seeded with native grasses tolerant to occasional submersion. WOODY VEGETATION The vegetation in all of the park lands will be quality nursery stock. Boulevard trees will be planted in all right of way areas as required by the City of Bozeman. Boulevard trees will be limited to deciduous shade trees. Exact tree species will be detailed as part of the construction documents and approved by the City Forester. Boulevard trees will contain several different species to avoid a mono culture. Below is a list of species to be used, but please see construction documents for exact locations: .; Botanical Name Common Name Characteristics Fraxinus nigra Black Ash Significant fall color Tilia cordata Littleleaf Linden 40'-50' Height, canopy tree Fraxinus pennsylvanica Green Ash Seedless Gleditsia triacanthos 'Skyline' Skyline Honeylocust Filtered shade Tilia americana 'Redmond' Redmond Linden Pyramidal shape Acer platanoides 'Emerald Emerald Queen Maple Significant fall color Queen' Ulmus americana 'Morton' Morton American Elm Dutch Elm Disease resistant In addition to the tree species listed above, several other deciduous shade trees may be �. considered for use in the park and open space areas. Each species will be selected for its water needs, growth form and maintenance requirements. o a ical:Name Common Name Characteristics k er rubrum 'Northwood' Northwood Maple Significant fall color sculus glabra Ohio Buckeye Large fruits pulus tremuloides Quaking Aspen Significant fall color, bark Quercus macrocarpa Bur Oak Stately tree, slow growing Salix pentandra Laurel Leaf Willow Used only in wetland areas Sorbus aucuparia European Mountain Ash Native, orange fruits Smaller, ornamental trees add interest to the landscape by having significant flowering capabilities, ornamental fruit or interesting bark. Ornamental trees are placed at trail crossings or other areas of public use. Trees with fruits will be located away from sidewalks and trails. a i gme Common Name Characteristics Crataegus x mordenensis Toba Hawthorn Thornless, flowers Acer ginnala Amur Maple Significant fall color, single stem Prunus maackii Amur Chokecherry Copper bark Prunus virginiana 'Shubert' Canada Red Chokecherry Purple leaves Syringa reticulata Japanese Tree Lilac White flowers • Pyrus ussuriensis Ussurian Pear Fruiting, flowers -:a _l,D .-.4a,FCC -5- July 2006 i BAXTER MEADOWS PHASE 3 • - ~ Park Master Plan Coniferous (evergreen) trees add winter interest to the landscape in addition to providing valuable screening and wind buffering capabilities. Evergreen trees are placed on large land areas and will be planted to accommodate the future mature growth that does not block walkways. '"`. Common Name Characteristics Juniper�Botanicqf'Name scopulorum Rocky Mountain Juniper Used for screening Picea engelmannii Engelmann Spruce Native, pyramidal tree Picea glauca densata Black Hills Spruce Blue-green needles Picea pungens 'Glauca' Colorado Blue Spruce Blue needles Pinus nigra Austrian Pine Dense form Pinus sylvestris Scotch Pine Copper bark Any areas with shrubs are planted according to the wetland mitigation plan. Mesic shrub species include dogwoods, willows and alder. Final plant species selection of both the shrub and tree species will have final approval by the City Forester prior to construction. HERBACEOUS VEGETATION Any areas that are disturbed by construction activities will have a prepared seed bed and reseeded with the appropriate grass species. It is recommended that all seeding is completed • with a narrow spacing drill seeder, then rolled and compacted for optimum establishment. In areas with slopes at or over 3:1, broadcast seeding will be appropriate, but must be raked into the soil and then rolled and compacted. In areas that receive rotor irrigation, the recommended seed mix is as follows: S ecies a centage ofrmix Kentucky Bluegrass 60 % Perennial Ryegrass 25 % Creeping Red Fescue 15 % Drill Seed at 5 lbs. per 1000 square feet; double the rate for broadcast seeding Areas that are not in wetland or low lying areas and do not receive any irrigation will be reclaimed and seeded with the following mix which contains many of the native species found in the region: s Species xa Western Wheatgrass 40 % er tgrSnWeass 20 ckspike Wheatgrass 10 % Bluebunch Wheatgrass 10 % Sheep Fescue 10 % • Sherman Big Bluegrass 10 % Drill seed at 10 lbs. per acre, double the rate for broadcast seeding ;`E`�aks to r1b Iv E"Osign.P.C.. -6- July 2006 0 • BAXT R MEADOWS PHASE 3 w.�� ,• WATERCOURSE SETBACK VEGETATION Fark Master Flan The Baxter-Border Ditch, a perennial stream, runs north-south through this phase of the Baxter Meadows development. A portion of the stream was relocated from the south side of Baxter Lane to the north to improve stream quality and to meet requirements of the Gallatin County Conservation District. Overall, a 48% increase in stream length was achieved, for a total of 1,254 linear feet of streambed and wetland floodplain. Average width of the new streambed is 10 feet, with a wetland fringe on each side ranging from 5 to 15 feet. From that point, a 50-foot wetland setback has also been established. Within Zone 1 (as defined in Section 18.42.100 of the Bozeman LIDO) is the Streambank Seed Mix (see Table 1 below) as well as several species of sprigged willow (300 total), closest to the wetland. As hydrology and topography change, a Transitional Zone Seed Mix (Table 2) is used, and more upland species of shrubs and trees have been planted (50 total plants). Zone 2 of the wetland setback will be planted with a native seed mix (see previous section "Herbaceous Vegetation") as well as a few willow and aspen trees, as shown on the park master plan. Between Zones 1 and 2, existing and future plantings well exceed the requirements of the UDO.All vegetation has been selected to best fit the constraints of the site and implemented to enhance, not detract from, the wetland environment. Appendix F contains a detailed description of plantings within and maintenance of the wetlands and setback areas. TABLE 1 STREAMBANK (FREQUENTLY SATURATED) SEED MIX SPECIES COMMON NAME Grasses Calamagrostis canadensis 'Sourdough' Blue-joint Reedgrass Deschampsia caespitosa Tufted Hairgrass Elymus lanceolatus aparium 'Sodar' Streambank Wheatgrass Elymus trachycau/us 'Revenue' Slender Wheatgrass Glyceria striata Fowl Manna Grass Poa palustris Fowl Bluegrass TABLE 2 STREAMBANK UPLAND/TRANSITIONAL ZONE SEED MIX SPECIES COMMON NAME Grasses Elymus lanseolatus 'Critana'Thickspike Wheatgrass Pascopyrum Smithii 'Rosanna' Western Wheatgrass Poa canbyi 'Canbar' Canby Bluegrass Forbs Vicia americana American Vetch Lupius argenteus Silverleaf Lupine Gaillardia aristata Blanket Flower • Echinaceae purpurea Purple Coneflower tc�Fi;iill: c,:4 n,F." -7- July 2006 s �► BAXTER MEADOWS PHASE 3 • Park Master Pan IRRIGA TION SYSTEMS The irrigation system will be professionally designed and built to the City of Bozeman standards specifications. All main lines and lateral lines will be schedule 40 PVC pipe, with the exception of any drip lines which will be a class 160 polyethylene pipe. Most of the area will be irrigated with gear-driven rotor heads connected with unitized swing joint to the main line. Trees located in native grass (non irrigated) areas will receive supplemental drip irrigation for establishment purposes. In total, three different wells will be drilled in the phase 3 park area. Phase 3A will contain two of these, and one will allow for additional capacity as Phase 3B parks are constructed. Each of the wells will produce the maximum allowable rate of 35 gallons per minute and will contain a submersible pump that provides the necessary pressure to efficiently run the system. The systems will be controlled with Maxicom-compatible automatic controllers that are programmed to run the pump relay and individual zones. Please refer to the construction drawings and specifications for all details regarding the irrigation system. CKWMENANCE RESPONSIBLE PARTY The developer will maintain the parks until a Home Owner's Association is formed, who • will then assume control of park maintenance until a City-wide Park Maintenance District is ` created. MOWING AND WATERING Depending on seasonal moisture, native grasses should be mowed 3 to 4 times per year; the first time at the end of May, the second time in mid-July, and the final time occurring in mid- October. The mow height should be a minimum of 4 inches, with 6 inches being preferable. Every third year native grasses should be burned in late winter or early spring. The burning is important because it controls invasive plants, eliminates crop residue and recycles nutrients. Turf grass areas should have a mow height of no less than 3 inches and be allowed to grow to 4 or 4 - 1/2 inches before being mowed again. Bluegrass lawn areas require roughly 12 inches of water between June 1 st and September 1 st. At peak demand this means roughly 1 inch of precipitation per week in lawn areas. For mature lawn areas, this water should be spread evenly through the week and in less frequent, deeper soakings. FERTILIZATION Fertilizing of grass and lawn areas should be done as necessary and should not be overdone to minimize water needs and mowing and to protect sensitive areas. Lawns which have irrigation at head to head coverage should have two applications of fertilizer: The first should be a blend of 17-17-17 in May and then should have an application of 27-8-8 in mid summer. As the lawns are establishing the rate of fertilization should be 40 lbs per 10,000 square feet. An established lawn should be fertilized at a rate of 60 lbs. per 10,000 square feet. • Bi-annual soil test should be taken to assess soil nutrient contents and adjust fertilizer rates accordingly. to -8- July 2006 0 a BAXTER MEADOWS PHASE 3 Park Master Pan The seed mix that has no irrigation or areas within 50 feet of a stream or wetland should not be fertilized and has no plan for regular application of fertilizer. This will minimize excess nutrient run-off that will adversely affect the water ecosystem. Trees and shrubs located within the 50 foot corridor should be monitored and if deemed that they need fertilization, the use of capsule fertilizer should be initiated. In areas outside the corridor, the shade trees should be fertilized in April with 16-10-9 plus iron and zinc. Once trees and shrubs are established, they should be fertilized with tree food spikes. Do not fertilize trees and shrubs past mid-July. Pruning of evergreens should occur in June. Shade trees should be pruned in April, except maples and birch. Maple and Birch species should be pruned in mid to late July. General monitoring for pests and diseases should be done throughout the year. Trees and shrubs should be deep watered right before the ground freezes. NOXIOUS WEED CONTROL A noxious weed control program has been established with a local contractor. A yearly property check with spot spraying as required should occur in the month of June. This should be coordinated with the County Weed Supervisor and the NRCS agent. This program can also be used to control the weeds in gravel trails and walkways with spot application of a weed control agent as required. SNOW REMO IVAL • Concrete sidewalks located in the public right-of-way will have the snow removed within 24 hours of the end of any snowfall event as per Bozeman Ordinance 1529. The responsible party will be the subdivision's home owner's association. Gravel trails will not have a regular snow removal schedule. PLA YGROUND INSPECTIONS i All playground equipment shall be inspected annually by the maintenance association and have the inspection report submitted to the City of Bozeman Parks and Recreation Department. The association is responsible for hiring the independent contractor to provide the inspection. This contractor must be a National Certified Playground Safety Inspector. IRRIGATION SYSTEMS The irrigation system should be charged in April, after the frost has left the ground and plant material begins to grow. All of the manual drain valves should be turned to the closed position. The power for the well pump should be switched to the "on" position. Program or adjust the controller for the current month's watering needs. Check all heads to ensure that there is no breakage and that proper coverage is attained. Each month the heads and controller should be checked and adjusted for the weather. The irrigation system will need to be monitored to watch for breaks, vandalism and overall needs of the site. • -9- July 2006 • BAXTER MEADOWS PHASE 3 Park Master Pan When the sprinkler heads are repaired, repairs should be made with the same brand and nozzles. This ensures that the coverage is efficient for the working pressure and disperses at an equal precipitation rate. The heads should be checked to ensure that they are seated at a level which it is not damaged from mowing or maintenance equipment. A periodic check of the drip emitters around the trees is necessary to ensure they are functioning properly. Winterization of the irrigation system typically occurs during the last week of October. At this time, the power to the well pump should be turned off. All manual drain valves should be opened. Use a high-powered air pump to connect to many of the quick coupler valves around the system. Run air through the system, opening and closing each valve zone, until all of the water is completely out of the system. Turn off the controller and leave the water off until spring. If winter time watering is necessary, this should be done manually from a tank to avoid damage to the system. ANIMAL CONTROL Domestic pets in parks must be kept on a leash and must immediately collect their refuse. Rodents may be controlled if levels of predation threaten the survival of plantings or constitute a health hazard. Poisons to control rodents can not be used on City of Bozeman owned or dedicated land. IL-, io.fta7.fd4 :>_ —10- July 2006 BAXTER MEADOWS PHASE 3 Park Master P an APPENDIX • 13,.,iki f„Fiafi,.Dos uk.P.C. -11- July 2006 �4. � �� � r. 1 :�i j� ,y �1 f f TOTAL PUD ACREAGE: 460.0o AC • 5 LESS REGIONAL PARK: loo.00 AC AC+/- 374 LESS COK PROPERTY: 20.00 TOTAL BAXTER MEADOWS COX FROPBR7Y PROJECT ACREAGE: 340.32 AC LLLLIHM o�FFAMI d LESS EXTERIOR R.O.W.: 18.18AC <sssRow.rAeL� 4lAtA ESTIMATED DEVELOPABLE PROPERTY: 322.14 AC t i LAND USE ACREAGE ESTIMATES �.m I SINGLE-FAMILY RESIDENTIAL: 91.61 AC MULTIFAMILY RESIDENTIAL: to.35 AC COMMERCIAL,/RESIDENTIAL: 52.83 AC COMMUNITY CENTERS: 13.63 AC � 5 Q SUBTOTAL: 168.44 AC (BUILDABLE NET ACREAGE) INTERIOR R.O.W.: 74.6oAC -- - PARK/OPEN SPACE 79.10 AC Nff Re MENnAL TOTAL: 322.14 AC _ x)emvG P E - _ _ awawerta�r oeuairnrSmeeQ - .. _" Eclnvlc DENSITY TARGETS FOR LAND USES ` � cr tl •SINGLE-FAMILY RESIDENTIAL: ® r LOW-DENSITY DETACHED LOTS ACREAGE: 35•02 AC ESTIMATED#OF 114 ESTIMATED DUI : 3OTS: DU/AC . G•OuNleag - syo�smgwm EQDbFBIdNW� � MEDIUM DENSITY DETACHED/ATTACHED LOTS ACREAGE: 37.40 AC �i ESTIMATED#OF LOTS: 187-300 ESTIMATED DU/AC: 5-8 DU/AC .raervF HIGH DENSITY DETACHED/ ATTAC DACREAGE: 19.19 AC �� o%w,BUDABLE NS7ACREAGE) ES A7E #OF LOTS- 230 ESTIMATED DU/AC: >Z DU/AC MULTI-FAMILY RESIDENTIAL: $ MEDIUM DENSITY LOTS ACREAGE: 10.35AC Ltn ESTIMATED#OF UNITS: 124 ESTIMATED DU/AC: is DU/AC' •NEIGHBORHOOD MIXED-USE - RETAIL/OFFICE/MEDIUM DENSITY HOUSING: >,4.75 AC i ESTIMATED#OF UNITS: 248 ESTIMATED UNITS/AC: 18 DU AC ::::r:::: •MIXED RESIDENTIAL/COMMERCIAL: ViE• �� •'oo••••U99 FAQ....7... SUBDIVISION -RETAIL/COMMERCIAL/OFFICE i bX.ho:ogdC>!�':::::::. - �� -MIXED-USE VMCA/DUDDLESCROGL: -HIGH DENSITY MULTI-FAMILY RESIDENTIAL• 36.57 AC joun UsE FACDrrrna '-"P X.1.A .: ESTIMATED#OF UNITS: 731 BARTER MEADOWS ��Lw�a ESTIIYIATED UNITS/AC: 20 DU AC E.o.w: RESIDENTIAL NEIGHBORHOOD SERVICES: 2.53 AC P.U. D. i -...�, s •COMMUNITY CENTERS - CONCEPT PLAN — a (AREA EXCLUDES R.O.W.) 13.63 AC went 1 i Develo •Prepared b PC PACE:epar y p ESTIMATED PARK OPENS 1bAG / 79 to 6-0 Last Upda .9-0 5 Legend: - _ ESTIMATED TOTAL DWELLING UNITS: 163 -17 47 i NET ACREAGE: i68. AC •:::::::::. :..:...::::':::. ............................................................••..... .......... BUILDABLE44 PROJECT BOUNDRY TARGET'DU/AC: t0 DU/AC OPEN SPACE PARK t Y BARTER MEADOWS PUD BOUNDARY UNIT PER ACRE DU AC DWELLING CALCULATIONS FAMILY N O S W DENSITY LOTS WE ( )LOW D 9 NOTE:D / DETACHED i DE ROAD RIGHTS-OF-WAY AND P P LU ARKS O BN SPACES.EXC LUDE TIED t•� HASE1-P REVIOUSLY PLA -FAM Y LOTS P MEDIUM DENSTTYSDVGLE II. ❑ ATTACHED DETACHED I ❑ HIGH DENSIT Y SINGLE- FAMILY LOTS(R4 B) PRELIMINARY RY PI AT APPROVAL L ................. ............ Nii'iiiiv:::iii':c:�:•::•::•i:•::^�:tii::ti:•:•. . . . CATTAII LANE ATTACHED/DETACHED .. # nf I® Xx'rRRrOR RIGHT-OF-WAY ... C.:*::C::::::G::A: MEDIUM DENISTY MULTI-FAMILY LOTS RESIDENTAL NEIGHBORHOOD SERVI CES INTERIOR RIGHT-OF-WAY F-WAY EXTERIOR R.O.W.TAB LE i U Z 5 DAVI S LA NE T1o0 o0 'TOTALR R.O.W. NEIGHBORHOOD MIXED-USE a BARTERLANEREGIONAL PARK CATTAIL LAN 90 REGIONAIPARK/YMCA/3CH00L DISTRICT : Flflt 0 RO. COMDSERCIAI. RESIDENTIAL MIXED-USE LOTS E FACILITIES d FERGUSON AVE 9 ❑ dOIlYf US HARPER P UCKETT ROAD I tao -RETAIL COMMERCIAL OFFICE i O V UF1t0 PARKWAY 76 YM 3 CHOOL DISTRICT ST[T: -MIb'ED-USE CA/ ❑ 1 .................................................................................................... CTR HIGH DENSITY MULTIFAMILY RFBIDENTIAI. "-' _ t BARTER LANE -1 - - - - - r- PHASE Scale: I"=600'-0" 0 300' 600' Izoo' EXHIBITA Scale in Feet North SURVEY PURPOSE: TO CREATE 130 LOTS *DRAFT FINAL AMENDED PLATVEL BAXTER MEADOWS SUBDIVISION P.U.D. PHASE 1 , LOTS t 2, BLOCK 7 AND TRACT 1 A0 SURVEY COMMISSIONERS: BAXTER MEADOWS WEST, LL OF LAND BEING LOTS 1 AND 2, BLOCK 7 OF THE FINAL PLAT OF BAXTER MEADOWS SUBDIVISION P.U.D. PHASE 'INN TRACT 1A OF THE AMENDED PLAT OF BAXTER MEADOWS SUBDIVISION P.U.D. PHASE 1, TRACT 1, ALL LOCATED IN THE SOUTHWEST N6 �•ma a 3• QUARTER OF SECTION 34, TOWNSHIP 1 SOUTH, RANGE 5 I j 1N,PCAIEGBIE EAST, P.M.M., CITY OF BOZEMAN, GALLATIN COUNTY, MONTANA 1 I I 1. Note/4 of the Phase 1 Plot identifies a 5'drainage easement alongside of each lot I Im I 233 E705TING GRAVEL DRIVE IAED TDR TRACT IA line(said easements are not shorn graphically)as cell as Utility and Drainage Easements I I o•o.s.Mo. TOTAL AREA 78.555 ACRES you I I DOCUMENT'FOUND I� c.°.5.W. (UD(]aT wrndo widths. All subdim and utility easements n hereon. in the Phase 1 f�• Plot ore abandoned within this subdivision except those shown hereon. I men syl oaa G1>SY R-1 ® 1467 2. Note/5 of the Phase I Plot identifies a 16'ride landscape irrigation easement I OPEN SPACE 4• �mM �jj`�CT BLOCK!1 I centered on the front lot line of all lob within Phase 1 (which is not shorn graphically). I $ l s 9siaero --- 498aY ^- j ,, i / This easement affacb on the ISata Rood frontage of the following parcels:Lot 10, _ ' I Black 17;Lots 2A and 18 and the Open Space in Block 7. I e: __id4B!'•_-- a9eeB'- 19B.e9'--- Imp-_ 1' : A B ��..�uS MIS v � � �,� �, --�.•- BLOCK,9 -- -- ' $ 1 J; 1 ,RAT B,yDER M�pO'"� / TRACT Bp%fE71 NA7•••""- 3. Ditch easements to be p-Tided an the Final Plot for existing ditches in accordance IF 1 2 $ 9 � 4 p1p , OPvCSI; I B P• I a a 1 j µwpEp PIAT°F 1 TRACT IA AsgppED�`T PHASE I.TRACT to with Bozeman regulations. e?� I7418 Si _ 1ST18 si I3821 S .'I 168�5< °' 6 8 6 �j i P.U.D.PNA4 p P.U.O. I x 7 $ ,a m SIF Im)3 9 i IVd°N j' - - _ I- E w i++E OYP. j ,; j sufiD STORM DRAINAGE CASEMENT / SuODNW° 1 men• I IJa9C 114A3' C47 �� i 8I i( 02103139 / 8 11a4T 1 ■ I N90arm'E m1AY L.1 .48' ERWIC 11 I2aw• ' ' 169ee� i' N69'S2'48'E 739.38' Cf p)� SEVER k HATER PIPELINE PARK I 8 ofi-'-- _KE a 1l4EET °1 sl.u• 9o9�s' •Rl4{• e:AlxEss EASEMENT ,maz' c13 �sm•364 LrJ.e7 KIMBERWICI(ESTREET s69'sx'sero / OPEN SPA �---� -�---_ 1 w1.38. C2 NW41.57E 21269' OOC. 21o31az m•ar Irz+sA--- Taal• I los.3s• �'3I .m' 8 9 i IAo• ----- w7m' -� ��71-es---�svrs7t KIMBERWIgCE Ej 0 SPACE I a 4 ` --- 1----- ---'-- - - - - - 4 IIS.4x' pp y. s' ,A --1war•--� 3'- i g i 11a75' 1 67s46M'E '4Tax�C1 --iai - - STREET 1.M82 B 1 !I rlswm•16'E 8 7 OF SPACE 6 p , i.� fE I a��5 ; sa(rs,a1w s,6sB OPEN SPACE TO BE REVIEWED WITH r I tins sF _ nia, . , s, xl,ffi,s, I so.- r _313ax_ max--- --,men--- ---L Sax-- _,sla S'w3 r_ 2d3t v 1 7DAx seam 1sro I / e ; N11 S3T I P.U.D.PLAN j mv9orooW - I BLOCK 0 S8B1740W i I t vOv Q I OPEN SPACE n6:+o' I ; ties v n4u' s 4m --- '' ! + f' seeasuro B ago -------- ----------- Uz+2 $ I �i� � , Imm' � tmmv � pPNATE OPEN SPADE I j - umt v w .e FJORD COURT' 2 - 1 lo5ms Stt 11' se Sr I I F1.7T I I Iaooww'. >� c I 6 $ 7 $ s$j'`a� E B to 11 I I sersssM E 1,11 j g + seem sti $ ZoraNG R-s I 119.m' ,;a 1me3 St B c Itm9 SF u I, g E QmD seen v &9l SP! 0 1 w 12298' d , +Sm.[ ;t 1 L Im.Ox / 12 mm' mAx SaOC m.m' A Iron v i/ t ! ' 9Wov 4 3 133 A'UUJE sx NWWWI 96434+Gro ' ;1 �,.Isy I PARK COMPUTED PHASE AREAS BY BLOC1m.m• I II DESCRIPTION LOTS OPEN SPACE PARK TOTAL(SO.IT.• ss].4' 1 I I � PNASE3A 13 a m.ar w esAvw w soar w men w msa ' I,,,iv1 �°v $ veoslsro li I s 4 I BLOCK s e]set 73166 - 160817 g +a9e sr I t 1 bs tr 2 8$ S 8 gl 8$ a b8 s 6 ^ ' se2d33v S,' j i tsW to•.la' i Art OPEN sP''cE C I ZONING R- p i Nar00'OaYI u Il ' IDe2 Sf 3,Wa Si _,-Si _ 8 __1060 SiP ans Sr - 1.112 3; d II 12&21' 7 I i ImAx I S PRN J I BLACK 7 183442 58921 - 242363 I 3T34 BLOCK 11 TI AII 6 'I f L la - NBa�fi'as� �7a6�- cLYnEso - - I -�= 11a5 S, F a +1 - ffi seem•,sro I ':I,SC. 2mJ1' ALE couRr s - ------ BLOCK B 3300 zlz5 a m ,G ( 1 +i f I slmas+sW 8'- 1 j 10 2zms ----_---- _ ssOsde` i I lmar �' BLOCK 1z nen 330° - 7s175 (i2m• -8f.7a 7528'- --733�---'A39-- 6- -7585- -7586---7SH9- , pa p BLOCK 1J 1Sa8B3 8838 - 181421 12 1],.42' I e.,I 7 $ ID ' b 11 ' " e, 193•e• t; 1 ' 1021)Si I in S - Ojyll3G R'' I 8 YS�OG 41 I BLACK 14 11398 4500 _ 13898 6 a B b d lir) b. 12 13 14 i ,o7m v , , ' ti TOT 2 e'S•' Lu 1 BLOCK 15 16069 I0.7827 272298 p yg 8 Sena v ms9 v Gam v _ za t SHBmISW I �. I 1 g Ilene a - I o ' ' Y y�BAi Sx'N (I Im3m.W I 9e.BS , 2A 1 lil7l BLOCK IS 21210 %00 - 26610 I II�•� T i - q N9om'mW m1a. 73.2G' ]336 7]26 Re GaAs' WAS- 9A78' 11aN• I ( j +1 WW e26m Sr I J' BLACK I] 61787 49BB28 581395 1 ,Sao• ° B'LANE 829.41' xsaarmT i KS807Tst ` 7 ouS BOUNOMY SUB.P.U.D.PHA a 41 I I IRRIGATION $ �-_-_-_-_-_ _- -_-_ j I' N6wai'15T: _/ DF lOf 2 MEADOWS BLOCK 1B 98825 139858 23Ba8} I 'F ENT(IYP.)8 t 9 t NIo.i3x'E !1 � i tlea7 I,SD7 ._._._._ T eNOv1 P7 mil sTSTmu eel8ee 39Bo3s 498828 nsesll NevoomW m7.30' 1m.6°' 1 i I I F g I 13e.oa• Xj7 73so' 7330' nsr r ]vr ]vi s3.3.' 7 ' { �Bv � ,�s G a \�A snzEETs/ALLEYS sueal 7 gg w w 4 5 W � euv . Saeo3•+sro 17x9case iJ y 8$ B 8$ b $�b 8 b L 6 8 7 8$ 6 d ro :l saBOTtsro e P TOTAL 22B24s2 eam v�° e ° _me.v Bead 1 S+026e v sre4`'s1 Ya 1 1 �I +Izlx' Ims6as9'laW 2e2.3z' y B' SIPS ,2 17 - sgPHASE 38 ZLW__ L__ _]3su_ _3v2._ ___BOLTS_ ` B t i f, Imm sF Im s g 20��OPENSPACE rl 1 s- v I I i I s7emv OU1LS eLOCK9 1023]4 anteIZW92 SImaY,Sro '_ �__ L.:,5 _ _7A 9 BLACK 10 IIm83 7362 11]HS w w L� w ���•••''' �+ to13? ; iA 11 +am• 10a49' _H 73•g6W I S\\ BLOCK 11 127218 66W - 13JBIS IO $ II 8$, 10.2$8.P77a 8$ b $d 14 $ 18 ' A � DS s YE is r R �� A __83, 311�4. I ZONING R- BLACK 12 6814/ 3300 714H�vgg _-6q1 ,2M"7 lIM v N T -'�.G3'__ 3 a BLACK 1♦ 9ee9s 49428 - 146327 l�:m' --12e.9r--- ea7o• ».er ns]' »s7 °' 97AI' I 1o1.xe' I I t Is• ` aa17 Issr '- 9eis v $ Is, I BLOCK IS 8559s 6e36 - 92433 I 4 n.t7 I 8940,' I aso,y _ _ _ Nny"-E _ EQUESTRIAN LANE �----s9am-aoT----- ----- EQUESTRIAN LANEI L.eo.e2• -8 1m3o ' BLOCK Is 3eJo7 _ ssQaoroot 9sm. ,� Se3o7 ------------ 80'�•�- 101 OPEN 2 I I SUBTOTAL 620313 177553 797866 I ® Im.OB I 7a771' i •a_17n Imm' _-_ C3a PRNATE .ar -i le.0et-- m.a2' Ism' n.m' ]9.m' 5e25' m3s' 9291' '" Bale E A I1 L� q __ SPA° I STREETS/ALLEYS 3415" WW �• C� r 296.04 376'IJ xarl 1 1 w 1 8 ti 2 8 9 g$ 4 8$87b' 5 8 $ 7 6 i a sass sr t Toro 1I39110 1 I _ I hale v ,m»v S amo v _meo v8 o e v S aee v v ! �+ ream row I nOmas rf �•E men• -ass'-- __-Aa_ 9839' ( aaGs• U1 ALL PHASES 2 _-----_-----_ _ _-_-_-_ b Sar193'39lW I SUBTOTAL 1182181 375588 496528 2554377 m m rr ton 9 __I277t____ _�__ _��__ __ __� __ _1711------ __ ___�_ A Tag r MG R-S III� ! iI sa,�gg�•,..t a \p 4*• a 8 85as^ Qap w w la IN Ii i Fi�o r•19n�vf�S $ Z� I S 867485 N-DOW a10 12w-5^ $ tm.22 - II ] u 119 Toro J42186x of . 77 10'0 4. N441 'Z4003- -•-'s x e `^ 50 'C_DRIVE ----- �root w g 151l3767 r •�16y OPEN e SPACE j to d . DESS�ON wj 12Ai is, sr�"° 4 W.W - - --- 9a.50' ,men• I4B.7' $ OPEN S�ACEsIm v $ l8 f 0 e-j n y -4 U.26" x m•E $ N9EN le6m' > ,lsa v„p. ^, $�+ I 9 A' Ty SECTION CORKER s �eee tzar $�a 7 $w o B 8 '°°• I BLmO,CK I6 I $ I o 3 !'p, 9q�• q^P Imoo v AT8 %e?• I ►a QUARTER CORNER I 1 20�`�G 2e k� p ,mss v ST,we v$$ Im,v ,wB.v \ 1.2171 8 g+mm N IU ,2mo v 8 `���°e'ql' r0?Lb• q� Iz�vim``` I 6 SUNVEY eouxourc IATE 1 �i BLOCK 15 $ �p l sea°°m,E I .��rq �a I SECTION LINE Ay---------gyres,.__ ___pgyy___ ____ 1 ,Ai �`{YL? I I 122ar r�@• ._RQ C�a 4AI'd1 , '(1 � �" EK6nNG EASEMENT OPEN SPACE New/e•3,'e u].m' __,ra 11e°� G�.�Wb° men' \'f0 �� �a'�$ I /•I 431 unUTY EASEMENT 1 1-17 SG SIGa,' _._. _._.._.._.._.._.._.._.._.._.._.._. ._. - 0\ S ,zza2ov pB j7 IXCEPrASNOTED I so m s72sr R �*.• _ ' SBS•44V 832.51' 1 't n v wAY N9oroo'm� S 11 a , EwsnNG DRAINAGE I i I IHSIssei u 1 eaa,'nt men• SWW'W'E S@ O,+sK I I -'-- e UTILITY EASEMENT O 100' 200' 300' ! USUC STREET M wRIunox r i ,le.7r uzm• I * DOC./2103143() EASEMENT(TwJ 1oe.T` I I 6 I I SCALE I I I OK j4g o I S$ ti nv v A t�?v I8 a H,i•SF yp ') BEARING BASIS:NORTH LINE OF EQUESTRIAN LANE AS SHOWN ON THE FINAL I i I TRACT 4 B0 PUT 1:1 , �, - I .�, i = B Im,a v i � PUT OF BAKIFR MEADOWS SUB.P.U.O.PHASE 1 PER RECORD I ! I CO.S.NO.2202 PAGE 207 eaa,YtJW l Imo' S ^t>rAs`______ ____.,.gg.__ __g,gr�•ge,I,_' , Na9s0°B'E =AVT $ ' m g ImA7 SHEET 1 OF 2 516ph3PLAT.dwg v1 I 5 • I $!!1 SOS 's"uTla 4\ ss1A4 . m�x. z U NF \ �,. Sti9'60'ggyl 992.77 _------_ 50 EwscGDRAw.DRNE OOR BAXTER LANE _ ------------- 1ADCUMENT FOUND N .. _ ___...__ __...._..._._.____.._..__.._._______......____....�_.____._______..____.. • 3___.__._.___.____._._ aiwn-E 86474' SBY5C5tYW 816.64' ___________________________________________ DOG.__-______________-_____� Se Wa.a 31,M C.oS NO,1302 OC.1210314 EASEI�NT I r_________ _______________________ AGw(Su9 sl /2103143(0) I I ___________________ C.O.S.No.1302_ 77r ---------- N OqN ----------------- OPEN SPACE LEGEND •II{ _`..tr'd;t )I `. '`��`'`�'\.1'`, _ i ' � BLOCK 9 ---------------- FEATURE DESCRIPTION 12 NUO 4" % 2 4 ---- 0 -------------- BUILDING (EXISTING) ---------3413 CONTOUR El QO ------- TING) s ------- CULVERT (EXIS KPI t T BER (PROPOSED) i -----------I CULVERT (PROP s ——————————— EDGE OF GRAVEL ——————— FENCE - WIRE /1M 46Mn 2 FIRE HYDRANT (EXISTING) 0 v FIRE HYDRANT (PROPOSED)LO1 B GUY WIRE axI WP* 0 INLET (PROPOSED) 7 0 MANHOLE (EXISTING) z 0 MANHOLE (PROPOSED) to 6-1 zo Ol \3 —E OVERHEAD ELECTRI C pq —0 ml 10 U)V)U) POWER POLE U)111 W 0 "&,I P-1 0iv li'" I .``'4�`,\`�,`'`` o`' '�''', ' 1 ,�' Lz I I i I "I I m m I TELEPHONE RISER w mn, ma� —s SANITARY SEWER (EXISTING) s SANITARY SEWER (PROPOSED) W 1 41, 1,2 3 14 IRR IRRIGATION (EXISTING) ---------- -------- 5 IRR IRRIGATION (PROPOSED) !77 - ----------------------- ---------- ------------------- - ------ 2 —sD 15 --'r ------- T UNDERGROUND TELEPHONE 0 V— WATERLINE (EXISTING) O FiACEj ----------- v— WATERLINE (PROPOSED) w --------- --- — — VALVE (EXISTING) DRAWN BY: Em PROPOSED STREET GRADE DESIGNED BY: Ews E -4pg 3 FINISHED GRADE QUALITY CHECK DO FIELDBOOK 9130105 HIGH POINT JOB NO. 005-016(NA014) 17 LOW POINT OPEN SPACE -- ---------------- &* IL v I CID 12 In g I' IN 15 \6, 1," \\, 'X : i 4. . 1 ,I 1 11 * ---- d-K ---------- L0 17 L �.3 '�.X- 19315 CD Q V 0) rt -V (EI IsatIag ------ 7�3 1w -0_ 3 4 �87.0 % W'.W'. v w BLO 9 U) ------ 10 0 5 ----- ---- -- ---- ----- -c 7."1aA 690' CL 0 4`•', `II �.`�r~,`::\x-������_- `y y'``'�:•\��.`.. • \ / /w'u y5e.e,'•ry (M-0 .9 7 2 : 1 -=-, -+— - -1 1 \, 1% c') ------- ------ 0 7 - W, 9" % .. U) , 12 z 3 it 90 :c Rr-um - ----------- our--,.,3 DRIV,. IV 2F 6, 15 OEN SPACE IM-SP7.1" .n— 4 LU - , U .37 I------- - OPIW,SPAC Lu A----- ----- w E N ------ La CIL. 0 III ------ ru BLOCK 16 'm ee 17 co E > 2 WA Lb±��SPACE�, _4595-- -,Ra _ I- v 1 11 PAIZK..,. laIRR "Ae"A IRR RR' 10 cc I I I , - j! - -- ---- L • 0 100, 200' 300' Azi. 9 MM S C A L E LO 12 UJ F .70 LO if C�l ------ S F1 14 -———————— CAD NO. 516ph3MUP. ISHEET I OF BAXWER MEADOWS PHASE(§* 0 �• CURRENT ZONING CLASSIFICATIONS Prepared by: BAXTER MEADOWS WEST, LLC Last Update: 9/14/05 �J I FUTURE CATTAIL i� 1 LEGEND 1 RUTA ROA i R-3 (RESIDENTIAL,MED. DENSITY) EXISTING [L� / fm1f8BR R-1 RESIDENTIAL SINGLE HOUSE-HOLD LOW DEN. A"LA E a" I R-S (RESIDENTIAL SUBURBAN) EXISTING A4ccrvr:,sv,��. ` 0� I 0� c6mmrfre. I B�rixe - �i p. oil BQD LQM © PHASE 3*BOUNDARY I HQMMANILVIE — — — PLATTED BOUNDARY LINE I C DB/YS ��1 (- I LiI 0$1�m e d 'D'WAY S`r'1 BOSAL Sr BO&U ST. *AMENDED PLAT OF BARTER MEADOWS SUBDIVISION 1 1 R P.U.D.PHASE 1,LOT 1,BLOCK 7,&TRACT iA BAXTER FLZZF_g4MILL RD a DRAWING NOT TO SCALE • P4 North W EXHIBIT C w 0 0 BAXTER MEADOWS PHASE 3 PHASE g**AREA PROJE� BOUNDRY PROPERTY OMWERS 2001AI)ADJACENTJOINERS'BOUNDARY o PHASE 3 *BOUNDARY - - PLATTED BOUNDARY LINE Prepared by: Baxter Meadows West, LLC Last Update: 9-2E-05 CATTAIL 1. MICHAEL. D. COK 1 Z. KENT T. SCHROER 26. HEIRLOOM HOMES, INC. KATHLEEN R. COK 2418 9TH AVE. S. 133 CANDLELIGHT DR. 3300 HARPER.PUCKETT RD.. GREAT FALLS, MT 59405 BOZEMAN, MT 597 1 8-7ZD7 BOZEMAN, MT 59718-8886 god ADJOINERSI BOUNDARY 1 3,1 4. VAN E. SMITH 27, 28. DON HENSON 2. KINGMA DAIRY PROPERTIES P.O. BOX 432 DIANA L. HENSON 241 5 BAXTER LN. E. BLACK EAGLE, MT 59414 7 TETo1V AVE. BOZEMAN, MT 5971 8-9795 BOZEMAN, MT 5971 B 15. DOUGLAS R. WESTLAKE " 3,.G. MARIE C. BAXTER, LIVING ESTATE ROBIN L..WESTLAKE 29. TIMOTHY W. ROTE ), AD%VESTA B. ANDERSON 2257 LASSO AVE. ANNETTE R. ROTE C/O ANDERSON & LIECHTY PC BOZEMAN, MT 59718 3243 LILY DRIVE 1 75 N. 27TH ST., STE. 1 303 BOZEMAN, MT 5971 8 ' EBKBSR BILLINGS, MT 591 01-2065 1 6. SHARON R. GORDON ! Q O 228.3 LAsSo AVE. 30. RONALD N. OLSON 4. TIMOTHY W. ANDERSON Boz EMAN,�MT 59718 LINDA J. OLSON U ©. LEESA POOLE ANDERSON P.O. BOX 3023 F�' Q O" ... 3987 EAST BAXTER LANE 1 T2O. DARYL L. DE PRANCE BOZEMAN, MT 59772'3023 F+�1 BOZEMAN, MT 5971 5 ANNE DE FRANCE 601, ARNOLD _ 31. JUSTIN KITTO w Q 5. MARK H. WARNICK LIVING TRUST BOZ EMAN, MT 59715 84 BROOK LANE O .O RAWHIDESIRESI 1 502 BLUE HERON DR. BELGRADE, MT 59714 S ARASOTA, FL 34239-3701 21. GESKE PROPERTIES, LLC 1 55 BISON TRAIL 32. MIKE MCCORMICK 7. DOUGLAS LANCE SMITH BOZEMAN, MT 59718 101 S. GTH 4521 DURSTON RD. - BOZEMAN, MT 59715 :O BOzEMAN, MT 5971 8-9497 22. BAXTER MEADOWS MEADOWS DEVELOPMENT, LP O Q O. 3 P.O. Box B 1 487 33. NATHAN GOODMAN EQUES7RIANLINE. 8. DIANA�C.OLT BILLINGS, MT 59108 5.20 SUMMER RIDGE RD 2168 LASSO LANE. BOZEMAN, MT 59.7.15 BOZEMAN, MT 5971 B 23. RICHARD K DENDINGER1 8 . ASE, E. DENC+ING ER 34. WIL.LIAM J. FLANAGAN 9 9,1 O. DARRELL SWANSON 1 2 WEST HAYES, #H2 HEATHER BIENVENUE MARTIA SWANSON BOZEMAN, MT.5971 5 1 2 E. GARFIELD, 64 3 � B Sl 1655B SE 58TH PLACE BOZEMAN, MT 59715 BELLEVUE, WA 98006-5545 24. DOROTHY S. DOBBS 306 BATES RD. WBC LP ® I SO I ' 1 .1. EDITH WHITMER AMSTERDAM, MT 597.41 67BO TRADE CENTER AVE _ 705 ASTER AVE. BILLINGS, MT 59 1 0 1-5294 ' BOZEMAN, MT. 59715 25. FRASER INCORPORATED BAXTER LANE ' O " 103 ALTO N_WAY BOZEMAN, MT 5971 8 ( " Scale: 1"=k0'4' W� ** AMENDED PLAT OF BAXTER MEADOWS SUBDIVISION FIGURE XXX P.U.D.PHASE 1, LOT 1, BLOCK 7 &TRACT 1 A scale In Fee` North Lbil �.:� 1 m s � Baxter Meadows Phase 3 Park Plan Bozeman,Montana SOILS INFORMATION There are eight types of soils generally located -- -"-"- - - in the subdivision and park lands. The BlackdogSilt Loam 506 Amsterdam it( ), Silt Loam (536), Quagle-Brodyk Silt Loam (451C), Amsterdam-Quagle Silt Loam (453C), Turner 1 A' Loam (457A), Enbar Loam (509B), Blossberg Loam (542A) and the Threeriv-Bonebasin 14 e� Loam (556A). The black box, at the left generally outlines the Baxter Meadows PUD ' cV Boundary. The Blackdog Silt Loam (50B) is generally fa found along the east side of the PUD. Blackdog Silt Loams have 0 to 4 percent slopes and is of a loam surface texture, which is over 60 inches in depth. The parent material for the Blackdog Silt Loam is loess. According to the Gallatin County Soil Survey, the Recreational Development classification for the types of recreational amenities this soil type is labeled as "slight," meaning that soil properties are favorable for this use. The Amsterdam Silt Loam (53B) is found in the previous phases of the PUD and along the • existing access road in the park lands in addition to the entire southwest corner of the park area. It consists of slopes of 0 to 4 percent and has a very deep silt loam texture with a loess parent material. The recreation classification for this soil is "slight," except for playgrounds, which is labeled "moderate" due to slope. The Quagle-Brodyk Silt Loam (451 C) has slopes of 4 to 8 percent. It is a well-drained silt loam material with a depth of over 60 inches. It too has a recreation classification of slight, with the exception of playgrounds, which is labeled "severe," due to the steep slopes. This soil is found along Harper-Puckett Road, which will only contain trails and re-grading in this area. The Amsterdam-Quagle Silt Loam (453C) is located throughout the heart of the phase 3 lots. This material is a very deep, well-drained loess material. It is rated as "slight' for recreational use, with a "severe" rating for playgrounds due to its 4 to 8 percent slope. The Turner Loam (457A) is comprised of a loam surface texture with 0 to 2 percent slopes. It is over 60 inches in depth and is well drained with an alluvium parent material. The recreational value for this soil type is "slight to moderate," due to the presence of some small stones. This soil type is found in the heart of the main park area for phase 3. The Enbar Loam (509B) is found in over one half of the PUD and consists of 0 to 4 percent slopes and is of a very deep, loam surface texture. The Enbar Loams tend to be poorly drained and have an alluvium parent material. Because of its tendencies to be slightly wet, the recreation value is classified as "slight to moderate." The Blossberg Loam (542A) contains slopes of 0 to 2 percent slopes and is very deep with a loam texture. These poorly drained soils have an alluvium parent material. The recreational • value is listed as "severe"to "moderate" due to its wetness, excess salt and slow rate of percolation. It is found in a small area adjacent to Baxter Lane. EXHIBIT E 0 BaxterMeadows Phase 3 Park Plan Bozeman,Montana The Threeriv-Bonebasin Loam (556A)typically have a 0 to 2 percent slope. Like the Blossberg Loam, this soil type is very deep, very poorly drained and are comprised of an alluvium parent material with an apparent high water table. The recreation classification for this soil type is listed as "severe" due to the wetness of the soil. It, too, is primarily found in a small area along Baxter Lane. EXHIBIT E i t,..� , - .^; ,,,f �� _._� t, ;z.;, jW-10 I o DIIA&MANIS GULCH ROAD.. ___ -___ � TABLE 1.0 - WETLAND SUMMARY TABLE OPEN MITIGATIO WETLAND WETLAND JURISDICTIONAL WETLAND IMPACT ESTABLISHED N IDENTIFICATION STATUS A�� AGM WATER ACRES i • COK I' W-11 RIVERINE W-1 Y 6.64 11.07 1.59 20 APTARCEL s DAIRY FARGf I, _ 1 RIVERINE W-3 Y �W-3 II ® 2.32 I0.23 1O 1.25 ,,� VE l DEPRESSIONAL W-4 ® N 0.66 S N/A DEPRESSIONAL W-5 0 Y 2.61 0.07 1O v D ` DEPRESSIONAL W-7 ® Y 0.41 0.41 - EXCAVATION z W-8 DEPRESSIONAL W-8 ® Y 10.95 1.15 1.80 I j a i = rn DEPRESSIONAL W-10 N 1.23 N/A z \ n DEPRESSIONAL W-11 ® Y 0.74 0.27 d z 1 ARTIFICIAL W-2 h N 0.75 {N/A n a m p 0 411 RUM 41 mmrmG 1'clnvFc �1 ARTIFICIAL W-6 N 1.94 'N/A a:o N _ 1 Wf0 If48® - ; CREATED LACUSTRINE 0 6.40 1.30 (LACUSTRINE FRINGE) N m o m LAKES) ! 0.13 (RIVERINE) o m a ` gy TOTAL 28.25 3.20 10 6.40 6.07 O2 j1 a'i cc 5 NOTE: N/A = NOT APPLICABLE(NON-JURISDICTIONAL) i I w 10 IMPACT ACRES HAVE BEEN DECREASED FOR EXEMPT ACTIVITIES: -ID W-3 IRRIGATION HEADGATE, W-5 IRRIGATION PIPE: INCLUDE W-7 EXCAVATION ACTIVITIES.J g0 PLEASE REFER TO WETLAND MITIGATION SUMMARY TABLE FOR NET GAIN AREAS. W-• I - ® TABLE 2.0 - WETLAND DISTURBANCE AREAS 15 X , W1 WS ruNnaasauu sD ( �. Q1 ROAD, WATER = 1411 SF 11 1©ROAD = 3143 SF • 1 I I W-3 6 1 R O ROAD, WATER = 1618 SF i ®PIPE BEDDING = 1,440 SF: EXEMPT Y I CCU J O3 ROAD, WATER = 1482 SF i { ®ROAD, WATER = 1370 SF TOTAL IMPACT-3,143 SF(0.07 ACRES) O QS ROAD = 2093 SF c s%VEWry ©ROAD = 13571 SF W-7 ROAD, SEWER, WATER = 13845 SF ®EXCAVATION = 17.860 SF j LEGEND r { �Q3 �, I ©FILL = 9869 SF TOTAL IMPACT=17,860 SF(0.41 ACRES) Ic c Q9 ROAD = 1560 SF I ® MITIGATION WETLANDS (RIVERINE) ®ROAD = 2630 SF: MOVED ROAD-AVOIDANCE' W$ ® MITIGATION WETLANDS (DEPRESSIONAL) 1{ yo+� 1 { 0 ®ROAD = 3047 SF: MOVED ROAD-AVOIDANCE ROAD, SEWER, WATER = 26473 SF F � TOTAL IMPACT=46619 SF(1.07 ACRES) @ ROAD, SEWER, WATER = 23828 SF m ® MITIGATION WETLANDS (LACUSTRINE FRINGE) O 'I', , �! U `l 711v , `�'.� 99 TOTAL IMPACT-50,301 SF(1.15 ACRES) d , Ci lII� , W.7 I ¢ UBRIDGE (PROPOSED) o v •"-r 1 = a W-4 UYI_ 11 ROAD = 1438 SF W_11 IRRIGATION RIGHT PIPE 1©ROAD, WATER = 957 SF ®ROAD, SEWER, WATER = 11946 SF I �P», 21 HEADGATE FOR IRR. RIGHT = 45 SF: EXEMPT --- OUTFLOW FROM LAKES ® W-7 I ®ROAD, WATER = 957 SF { TOTAL IMPACT=11,946 SF(0.27 ACRES) IL -••- PHASE I BOUNDARY �'� ®STREAM BED FILL AND SEAL = 6534 SF Q Q mg H G HEAD GATE TOTAL IMPACT=8,886 SF(0.23 ACRES) Z i W-1 m � v i W-5 W-2 IZ Q d i Ms, e• �.. 3 W-3 IN ASSOCIATION WITH: II 300 0 300 600 SHEET I &_IL/I (SCALE IN FEET) AND ALLIED { I� ENGINEERING III I HERV,CEB.INC. OF II i I i 1 I May 4,2006 Design Guidelines for City of Bozeman Parks: * New Park construction must be approved by the Parks Division and the Recreation and Parks Advisory Board, and must comply with the master plan, if applicable. Any changes must be approved and/or amended in the master plan. Prior to any construction, contractor shall hold a Pre-Construction meeting on site with the City of Bozeman Parks Department. * Soil Preparation -All soils to be used on public park land-shall be inspected by and meet the approval of City of Bozeman Parks Division Staff prior to installation and shall meet the minimum depth requirement of 10 inches. All rock in excess of 1 inch in diameter shall be removed. Soil tests (a sieve analysis and soil analysis)) shall be performed prior to planting to determine the classification and texture of the soils, along with any nutrient deficiencies. The classification and texture will determine what amendments, if any, are needed, while the soil analysis will help correct any nutrient problems with a pre-plant fertilization. * Guidelines for soils -The soil will be deemed acceptable if: it is less than 35% clay and less than 70% sand, and 70% silt. Ph must not exceed 8.4. The soil will be screened at 1" minus for rocks and debris; topsoil depth will be at least ten inches. The sub base, after grading, will be scarified to a depth of twelve inches to insure drainage throughout the profile. Amendments may vary depending on existing soils,but will generally consist of 60% coarse sand (generally concrete sand), 20% organics (C: N ratio below 30) and 20% approved native • soil. Soils will be mixed, prior to installation, with a screener/mixer machine, or applied in layers on site and mixed thoroughly with a deep rototiller. Depth of amended soil will be a minimum of ten (10) inches. There will be no compaction following the grading process. Fertilizer, and the rate at which it will be applied, should be dictated by the soil test report. * Seeding ratios and mixes will be approved by the City of Bozeman Parks Division. Seeding will be applied with a slit-type or drill-type seeder to insure good soil to seed contact. Before seeding, the soil shall be loosened to a minimum depth of six inches in order to improve initial root development. The soil will not be compacted in any manner. Sufficient compaction is readily achieved through the grading process and normal rainfall. Fertilizer should be applied prior to planting to insure healthy plant development. Generally, a seed mix combination of Bluegrasses and Rye are used in formally maintained Parks. Some low.maintenance Kentucky bluegrasses that perform well are: Kenblue, Park, Plush, Vantage, Victa, Vanessa, Barblue, Parade and S-21. Perennial ryegrass will be used opposed to annual ryegrass. Athletic fields will be planted with new-improved Kentucky bluegrass types and new cultivars of perennial rye. Examples of some of the new, aggressive types of KBG's are as follows: Award,Total Eclipse, Midnight, Nustar, Ram I, Limousine and Touchdown. Lower maintenance parkland may require different seed mixes, and will be specified by the Parks Division. * Irrigation systems will be compatible with Maxicom systems. All water lines shall be schedule 40 PVC. Black Poly pipe is unacceptable. Pipe shall be installed at a minimum depth of twelve (12) inches, main lines at eighteen inch minimum depth. If this depth is unachievable, the Parks Division must be consulted. No stacking of irrigation lines shall be permitted. Four (4) inches of sand shall be placed beneath pipe, and four (4) inches of sand above the pipe, to prevent compaction and settling. Sprinkler heads will be installed on manufactured swing joints (schedule 80 w/o-rings). Heads to be installed must be approved by the Parks Division and shall be gear driven, with interchangeable nozzle sizes, unless noted otherwise, and shall be capable of producing the specified gpm and coverage area and shall be set to manufacturers' specifications. Electrical locate tape shall be installed along all lines. Upon completion of installation, all warranty and maintenance information, as well as well logs and pump warranties and information, if applicable, and an "as-built" map shall be supplied to the City of Bozeman Parks Division. * Wells installed on City of Bozeman property must be registered in the City's name. All wells must have a stainless steel screen at the intake. * Playgrounds must be installed on Park land managed by the City of Bozeman. All playgrounds must be approved by a Certified Playground Safety Inspector (CPSI) and meet ASTM F1487-01, CPSC and ADA guidelines and specifications. Playgrounds shall be age appropriate, for area served, and be signed accordingly. There must be an adequate use zone area around equipment, approved material in use zone, which meets impact attenuation criteria as specified in ASTM 1292, and adequate drainage. All installation plans, materials list, construction guidelines, maintenance information and manufacturer's name must be supplied to the City of Bozeman's Parks Division, upon completion of playground installation. All work will be overseen and approved by a CPSI. No wooden structures will be approved. * Fencing shall be constructed with 9 gauge, commercial grade, chain link fabric. All posts and r' top rails shall be schedule 80 galvanized pipe. Corner post will be 2 and 3/8 ", line post will be 1 7/8", top and bottom rails will be 1 1/4". All post are to be set in concrete, spaced at 10 foot intervals, and a concrete pad, 12" in width and 4" in depth shall be installed beneath the fence line, along the entire length. A bottom rail will be installed between all sections of fence for the purpose of tying the fabric down as well as maintaining the strength and integrity of the fabric. Appropriate heights of fences shall be determined by the City of Bozeman Parks Division. * Trail Classifications Class IA—These trails are heavily used with full access and are designed for recreational and commuter use along major transportation corridors. These trails are designed to permit two-way traffic using an impervious surface material such as asphalt or concrete. These trails are 12 feet wide. There is full *ADA accessibility. Class IB —These trails are the same as Class IA trails with the exception of being 10 feet wide. These trails are typically used in interior sub-division settings where Class I trails are appropriate but do not require a full 12 foot width. Class IIA—These trails receive heavy to moderate use with a very high degree of ADA accessibility. They are intended for multiple non-motorized, recreational and commuter use. Class II trails are constructed of Natural Fines and are 6 feet in width. Class IIB—These trails receive moderate use and provide moderate ADA accessibility depending on grades and/or obstacles. Construction standard is the same as Class IIA. Class III—These trails receive moderate to low use and are typically 3 feet in width. They are either natural trails, developed by use, or constructed with Natural Fines. ADA accessibility is extremely limited. Class IVA—These trails are generally mowed corridors used for ski trails in winter, or occasional special activities, and are 16 feet in width. Class IVB—These trails are the same as Class IVA trails with the exception that they are 10 feet in width. Class V—These trails are used for equestrian traffic and when constructed parallel to pedestrian trails, are built with a sufficient buffer and physical barrier between them to prevent horse/pedestrian conflicts. * Class I Trails must support a minimum of 12,500 pounds.Asphalt- Width of trail shall be a minimum of 10 feet with a min. cross slope of 2% or max. 5% and a 1 foot wide gravel border along each edge. Trail bed shall be excavated to a minimum depth of 11.5 inches. A soil sterilant, approved by the City of Bozeman Parks Division, shall be applied to trail bed prior to construction. Trail bed shall consist of a minimum of 9 inches of crushed gravel compacted to 95% of max. density as determined by AASHTO T99, unless otherwise dictated by sub-soil type materials being compacted to road standard. The overlay shall consist of 2.5 inches of asphalt compacted to 93% of max. density, as determined by ASTMD 2041. Construction seal shall be applied at .08 gallon/square yard after installation. Concrete—Width of trail trails shall be a minimum of 10 feet with a min. cross slope of 2% or max. 5%. Trail base shall consist of a minimum of 3 inches of crushed gravel compacted to 95% of max. density as determined by AASHTO T99. Concrete shall be a minimum of 6 inches of M4000 reinforced with 1.5 lbs. per cu. yd. of Fiber mesh. Where terrain allows, slope of trail should not exceed 12:1. * Class II Trails shall be a minimum of 72 inches in width. Trail bed must be excavated 6 • inches deep, prior to installation of tread mix. Tread mix shall be installed in two parts. The first 3 inch lift shall be of 3/a" Road mix, compacted, and then 3/8th inch minus gravel (natural fines). Natural fines used for these trails shall consist of 80% sand, 10% silt and 10% clay. If the material falls outside of these parameters, the City Of Bozeman Parks Divisions must be consulted for approval or modification. If the natural fines tread mix does not contain enough clay or silt binder, additional binder must be mixed in. Alternative soil stabilizer products are acceptable, but must be approved by the City of Bozeman Parks Division. Trail bed must be filled up to original surface along both edges with a cross slope of no less than 2% and no more than 5% to provide for water drainage. Tread mix must be rolled flat and compacted after installation, maintaining a 2% to 5% cross slope. (If moisture content is not adequate for compaction, water should be added prior to rolling and compacting). Where terrain allows, slope of trail should not exceed 12:1 with a cross slope no greater than 20:1 (5%) to provide for ADA accessibility. All damage to surrounding features and/or vegetation shall be reclaimed immediately. Encroaching weeds, due to trail construction, shall be treated and controlled for a minimum of 2 years after trail section is completed. Minimum overhead clearance shall be 96" for pedestrian and bike traffic, and 120" for equestrian traffic. * Street/Trail Connections - Mid block trail crossing shall have a painted pedestrian crossing with crossing and advanced crossing signs at either end. Curb cuts shall be provided at all street/trail connections. * Full ADA trail accessibility is defined as a slope not exceeding a 12:1 angle and a cross slope of no more than 2%. There can be no abrupt change in surface level greater than /2 inch. �• * Bridges shall have a minimum width of 72 inches, when 20 feet or less in length. Bridges exceeding 20 feet in length shall have a minimum width of 96 inches, to allow wheelchair turn around and passing. Height of bridge is measured from bridge deck to bottom of stream or river. �• If deck is more than 30 inches high, a protective rail is required. Rails are to be 42 inches high, with at least one midrail at 34 inches, to be used as a handrail. A protective barrier must be installed along the length of the rail system with either solid paneling or vertical bars. Spacing between bars shall be no greater than 3.5 inches or less than 9 inches. All bridges to be installed on public lands must be certified by a civil or structural engineer. If bridge does not require a rail, it must have a 4 inch high curb on, both sides, along entire length of bridge. Deck should be constructed of slip-resistant material. Deck of bridge shall not exceed a 12:1 slope along any part of its length. Deck, and ends of bridge, must have no abrupt change in surface level greater than 'h inch. cross slope shall not exceed 2%. Bridges must be rated for a minimum load of 12,500 lbs. and display a permanent label indicating the load limit, year it was built and manufacturer. * Hillside Grades within park landscapes shall be 7:1 when achievable and no steeper than 5:1, to allow for maintenance equipment access and to minimize water runoff. .� � w i I ' ' - � , .. I f `t R ..► �• ; •,.:.:F ' r,. i, '�' 'I HOA MAINTENANCE PLAN General Statement The Homeowner's Association will be responsible for all park and open space maintenance within the identified subdivision, following the standards set by the City Parks Division. Maintenance Maintenance Responsibility: Developer will be responsible for initial installation of the improvements described in this Master Plan. The Developer shall warrant against defects in these improvements for a period of one year from the date of their written acceptance by the City of Bozeman. The Developer shall maintain the improvement until no longer majority landowner. At such time, the maintenance shall be the responsibility of the Home Owners Association. The Home Owners Association shall be responsible for maintenance in perpetuity, or until such time as a park maintenance district, or some other mechanism, is created to maintain dedicated park land. Maintenance will include the following as well as care and replacement of playground equipment (CPSI approved) and/or site furnishings, replacement of doggie pick-up bags, and emptying of refuse containers. Any and all work and/or (• park fixtures must meet standards set by the City Parks Division. Trees/Shrubs An outside contractor will be hired to perform park maintenance. Maintenance duties to be performed will consist of spring and fall clean up, routine mowing, lawn patching, care and replacement of dead trees and/or shrubs. All tree trimming and pruning must be performed by a certified arborist as outlined in City Ordinance 12.30.040. in coordination with the Forestry Division. All trees on public property are subject to City of Bozeman permits and ordinances. 12.30.040 Trails Gravel trails will not be plowed. These trails will be inspected regularly and receive routine patching and surface maintenance to prevent erosion or unsafe conditions. Weeds on the trail will be controlled following City of Bozeman standards, set by the City Parks Division, and using industry standards or as part of the weed control plan described in this document. Weed Control Plan A weed control plan will be developed that conforms to the requirements of the City of Bozeman, Gallatin County Weed Control Board Supervisor and NRCS. Weeds will be sprayed by a licensed outside contractor, according to industry and local standards, on a regular basis, using appropriate applications and products. The utmost • care will be taken to protect water sources, park users, and adjacent property owners. ( The City of Bozeman shall be notified of any and all applications of pesticides and / or herbicides on public lands. Signs shall be posted prior to application in appropriate and noticeable locations identifying the product applied and the date to be applied. Signs will • remain in place for a minimum of 2 days after treatment. Records shall be maintained in accordance with State of Montana Pesticide Act, Administrative Rule 4.10.207 and copies submitted to the City of Bozeman Parks Division. Lawn and Grasses Lawns will be mowed weekly or as needed to maintain a blade height of 2-3" during the warmer months of the year and not reach a height more than 4 1/2 ". Mowing will not be done during extremely wet periods or when sub-grade is saturated or with standing water. Lawns will be irrigated with 12 of water from early June to late September, at approximately 1" per week. Established lawns can receive a deep, but less frequent watering in order to conserve and not over water. Fertilizing and Plant Care Lawns will be fertilized with a mixture of 24-4-14 in spring after the last frost and with 21-3-21 in mid to late summer. Fertilizer mixture shall be adjusted according to soil sample analysis performed annually. It is recommended that slow release fertilizer be used to prevent excessive shoot growth and to provide turf nutrition over an extended period of time. Lawns should be fertilized according to manufacturer standards.No fertilizer will be applied in ditches or directly adjacent to water courses. Trees will be fertilized once a season using fertilizer spikes directly manufactured for tree use. Trees under one year old should not be fertilized. Irrigation • Irrigation contractor will perform spring maintenance and fall blowout. Spring maintenance will include charging the irrigation, closing manual drain valves, checking controller and all hardware (including valves, heads, wiring, etc.), and checking drip emitters. During the watering season, all heads should be checked on a regular basis for correct operation and efficiency. Fall blowout will consist of a basic winterization package, including opening all manual drain valves,using a compressor to clear lines, and checking general condition of all hardware. All necessary repairs will be made throughout the irrigation season. Refuse Refuse within the parks and open space will be collected weekly by a service retained by the Homeowner's Association. Snow and Leaf Removal Snow removal will be provided within the park by a snow removal service retained by the Homeowner's Association. Leaf removal will be provided most likely by a landscape contractor or handyman service, as retained by the Homeowner's Association. • PRELIMINARY COST ESTIMATE Project: Baxter Meadows Subdivision Phase: Phase 3A-Park Land Date: July 31, 2006 Prepared By: Peaks to Plains Design,P.C. ITEM DESCRIPTION CITY UNIT UNIT COST TOTAL RESPONSIBILITY Gravel Trails at 8'wide-City of Bozeman 1428 LF $ 3.33 $ 4,755 Developer Concrete Sidewalk 6'wide 9780 SF $ 4.75 $ 46,455 Developer Concrete Sidewalk 8'wide 2480 SF $ 4.75 $ 11,780 Developer Earthwork includes backfill&grading 2980 CY $ 20.00 $ 59,600 Developer Shade Trees-Boulevard 1-1/2"cal. B&B 53 EA $ 230.00 $ 12,190 Developer Shade trees 1-1/2"cal. B&B 38 EA $ 230.00 $ 8,740 Developer Ornamental trees 1 1/2"cal. B&B 12 EA $ 200.00 $ 2,400 Developer Coniferous trees T-5'height 20 EA $ 215.00 $ 4,300 Developer Wetland Plantings See Wetland Section 1 LS $ - $ - Developer Seed Mix#1 Turf Lawn Seed 276,321 SF $ 0.04 $ 11,053 Developer Seed Mix#2 Native Seed/H dromulch 169,343 SF $ 0.04 $ 6,774 Developer as needed Rotor Irrigation 6" pop-up seed mix#1 276,321 SF $ 0.45 $ 124,344 Developer Drip Irrigation to trees in native lawns only 32 EA $ 54.00 1 $ 1,728 Developer Wells stem development including underground power 2 EA $ 12,000.00 $ 24,000 Developer Picnic Shelter bv others 1 LS $ 22,000.00 $ 22,000 By Others Playground surfacing fiber mulch 12"depth-3850 SF 143 CY $ 35.00 $ 5,005 Developer Thickened Edge Concrete Playground; 12"edge 1962 SF $ 6.50 $ 12,753 Developer Playground Equipment Kom an; incl.freight&installation 1 LS $ 42,250.00 $ 42,250 Developer Parking Lot Asphalt Paving;per parking sot 1 LS $ 19,680.00 $ 19,680 Developer Si na a Park entry&Park Map 2 EA $ 2,500.00 $ 5,000 Developer Boulders for bridge a proaches 2-3' 16 EA $ 250.00 $ 4,000 Developer Water Crossings pedestrian bridges 2 EA $ 15,000.00 $ 30,000 Developer Benches 6'length 3 EA $ 1,900.00 $ 5,700 Developer SUBTOTAL $ 459,752 MOBILIZATION& INSURANCE 10% $ 45,975 CONTINGENCY 15% $ 75,859 PROFESSIONAL FEES 15% 1 $ 87,238 TOTAL $ 668,824 \\Jolene\baxter meadows ph3\Database\MPCost_Estimate_073106.xls PHASE 3A-PARK IMPROVEMENTS • • • PRELIMINARY COST ESTIMATE Project: Baxter Meadows Subdivision Phase: Phase 3A-Open Space Date: July 31,2006 Prepared By: Peaks to Plains Design,P.C. ITEM DESCRIPTION CITY UNIT UNIT COST TOTAL RESPONSIBILITY Gravel Trails at 8'wide-City of Bozeman 4492 LF $ 3.33 $ 14,958 Developer Asphalt Trails at 8'wide-City of Bozeman 365 LF $ 15.04 $ 5,490 Developer Asphalt Trails at 10'wide-City of Bozeman 770 LF $ 18.80 $ 14,476 Developer Earthwork includes backfill&grading 2708 Cy $ 20.00 $ 54,160 Developer Shade Trees- Boulevard 1-1/2"cal. B&B 40 EA $ 230.00 $ 9,200 Developer Shade trees 1-1/2"cal. B&B 28 EA $ 230.00 $ 6,440 Developer Ornamental Trees-Boulevard 1-1/2"cal. B&B 6 EA $ 200.00 $ 1,200 Developer Ornamental trees 1 1/2"cal. B&B 35 EA $ 200.00 $ 7,000 Developer Coniferous trees 3'-5'height 18 EA $ 215.00 $ 3,870 Developer Wetland Plantings See Wetland Section 1 LS $ - $ - Developer Seed Mix#1 Turf Lawn Seed 44,504 SF $ 0.04 $ 1,780 Developer Seed Mix#2 Native Seed/H dromulch 295,082 SF $ 0.04 $ 11,803 Developer as needed Rotor Irrigation 6"pop-up seed mix#1 44,504 SF $ 0.45 $ 20,027 Developer Drip Irrigation to trees in native lawns only 63 EA $ 54.00 $ 3,402 Developer Boulders for bridge approaches 2-3' 8 EA $ 250.00 $ 2,000 Developer Water Crossings 1pedestrian bride 1 1 EA 1 $ 15,000.00 11 $ 15,000 1 Developer Benches 6'length 2 1 EA 1 $ 1,900.0011 $ 3,800 1 Developer SUBTOTAL $ 159,648 MOBILIZATION & INSURANCE 10% $ 15,965 CONTINGENCY 15% $ 26,342 PROFESSIONAL FEES 15% $ 30,293 TOTAL $ 232,248 \\Jolene\baxter meadows ph3\Database\MPCost_Estimate_073106.xls PHASE 3A-OPEN SPACE IMPROVEMENTS • • W PRELIMINARY COST ESTIMATE Project: Baxter Meadows Subdivision Phase: Phase 3B Date: July 31, 2006 Prepared By: Peaks to Plains Design,P.C. ITEM DESCRIPTION CITY UNIT UNIT COST TOTAL RESPONSIBILITY Gravel Trails at 8'wide-City of Bozeman 1425 LF $ 3.33 $ 4,745 Developer Asphalt Trails at 8'wide-City of Bozeman 940 LF $ 15.04 $ 14,138 Developer Earthwork includes backfill&grading 920 CY $ 20.00 $ 18,400 Developer Shade Trees- Boulevard 1-1/2"cal. B&B 32 EA $ 150.00 $ 4,800 Developer Shade trees 1 1/2"-2" cal. B&B 10 EA $ 150.00 $ 1,500 Developer Ornamental Trees-Boulev 1-1/2"cal. B&B 9 EA $ 130.00 $ 1,170 Developer Ornamental trees 1-1/2"cal. B&B 13 EA $ 130.00 $ 1,690 Developer Coniferous trees T-5' height 9 EA $ 100.00 $ 900 Developer Wetland Plantings See Wetland Section 1 LS $ - $ - Developer Seed Mix#1 Turf Lawn Seed 40,325 SF $ 0.04 $ 1,613 Developer Seed Mix#2 Native Seed/H dromulch 129,187 SF $ 0.04 $ 5,167 Developer as needed Rotor irrigation 6"pop-up seed mix#1 40,325 SF $ 0.45 $ 18,146 Developer Drip Irrigation to trees in native lawns only 33 EA $ 54.00 $ 1,782 Developer SUBTOTAL $ 69,306 MOBILIZATION & INSURANCE 10% $ 6,931 CONTINGENCY 15% $ 11,436 PROFESSIONAL FEES 15% $ 13,151 Is TOTAL $ 100,823 \\Jolene\baxter meadows ph3\Database\MPCost Estimate_073106.xls PHASE 36 ,. . . ,,�. . 1 � � . �. i 1� `•JORIEC J=JW•• = RIECK 184LAR PHASE 3A ~O t[N9�t•1�• rrnunuila U AMA/JJR a • • • DESIGNED BY fZ'J• BaxterMeadowsSubdtvision CHECKED Vl JJR i CHECKED BY g a 06/16/06 rev 09/06 O DATE N 06013 Bozeman, Montana PROJECT NO. 06013_TRLE.dwg $ FILE NO gg U C7 �n1 LL FO Zj ` °J� a �m DRAWING INDEX lot z O SITE DEVELOPMENT & LANDSCAPE PLANS 5,? T1 TITLE SHEET �_ L Z r• ' SDI SITE LAYOUT SD2 GRADING PLAN i - .,,__. O SD3 TRAILS LAYOUT-WEST g ;" } ; i _ 3 SD4 TRAILS LAYOUT MAIN PARK F`� �0�� -- ®' Q O Z SD5 TRAILS LAYOUT- NORTH - - -' SD6 SITE DETAILS 4. + +o QO a SD7 SITE DETAILS L� W W IR1 IRRIGATION PLAN-MAIN PARK IR2 IRRIGATION PLAN- (PHASE 3A) -WEST OF ANDALUSIAN AVENUE &LEGENDL IR3 IRRIGATION PLAN(PHASE 3B) - NORTH O.S. CORRIDORS O W IR4 IRRIGATION PLAN (PHASE 3B) SOUTH O.S. CORRIDORFiHl IR5 IRRIGATION PLAN (PHASE 3A) - NORTH OF EQUESTRIAN LANE - - — --_ -a. w IR6 IRRIGATION DETAILS & EMITTER SCHEDULE IR7 IRRIGATION DETAILS &NOTES L1 OVERALL SITE SEEDING PLAN L2 PLANTING PLAN-MAIN PARK L3 PLANTING PLAN- NORTH OF EQUESTRIAN LANE ® ' L4 PLANTING PLAN- WEST OF ANDALUSIAN AVENUE L5 PLANTING DETAILS, SCHEDULE & NOTES m a W H DESIGN TEAM t NORTH W OWNER LANDSCAPE ARCHITECT PROJECT LOCATION MAPLOCATION MAP �/—}}��\\� PC DEVELOPMENT PEAKS TO PLAINS DESIGN, P.C. � K.T5. W SHEET 3985 VALLEY COMMONS DR. 208 N. BROADWAY, SUITE 350 BOZEMAN,MT 59718 BILLINGS, MT 59101 (406) 586-9922 (406) 294-9499 T 1 4. ............1..,..................... P'y Y6 —7 ILL. or, (31 4 T mt 7 S VE 71 11�1 V-11N C k77 Oy m i a7 I — — _ p. 0 '5 Q >r1i T. p L J�-V J �d 0 -49 X tj AL ic I Ili I - �` A f ,;- r ;�1 .:<`�.j T�1 �.���, � f o; \,p _ ;,�� Ljt\I \\ Lt Cc:: 43w > A iF ti p P P > > > C) i N(1S`s e 00 r m 9 (D o C) Q) o (s)(D Ln > (p 0 �; I.,d�->� 0 - A� �8 g�N F- 0 z > 0 r > 6 6 ITI r> 1.3 ;j oz z z 21: 'z > D > Z > o > z z A p Lp -Z '13 z t- )a u m (A m r In • 0 m C� d LL Ll- I I I J to SHEET TITLE PROJECT MILE Tz ogo 0 E: 0 a> n 0 z PHASE 3A&3B z 0-Z Z0 BAXTER MEADOWS SUBDIVISION PEAKS TO PLAINS DFSIGNE p PARK MASTER PLAN BOZEMAN, MONTANA SUrE r 208 NORTH BROADWAY RTHBROADWAY.59r0 350 BILUNGS,MOWANA 11 (406)294-9499 :E C� -(4D6)256-7123 FAX 0 0 WWW.PEAKSTOPLAINS.COM C)2006 PEAKS TO PLANS DESIGN,P.0 z a o a o © © o 0 BAXTER MEADOWS m, T5o PHASE 3A N0.233 C.O.S. 2202A z lFD YPc I,2251 51 3o.Do we N89'S2'OB'E lo80& , 1 G FD z'ACAP[,zzss] • • • •^,p 1 I As 14.UD•Ely WC - FINAL. PLAN - I � P Prepared by PC Development �•�. PUBLIC STREET EASEMENT 1 i i J EXISTING TO C.O.S•NO.233.RIVE DNOOR TRACT A 01VS TRACT E MODIFICATION DOG.02103143(C) 1 EASEMEM DOCUMENT FOUND OF BAKTER MEAD Last Update: 9-S-o6 PHASE 1 TRACT 1A STORM DRAINAGE EASEMENT PLAT CF 1 ;'� AMENDED PIAT DOC.i21o3739 AMENDED A SION P. • of these plans and/or elevations p , I p'U-D (NOT SHOWN WITHIN STREET) SUDDIVI U D PH / 30' N89'S2'48"E� 1 SUBDIVISION IRRIGATION EASEMENT 68.36• ' ' FD 1/T Ra W/ SEWER g' without prior written approval 1 I RPC[12251 S]AT ACCESS EA r POINT OF BEGINNING x e Pr ' S, #2103142) from the Planning Office N89'5121ml. 7 1 �07 RP (IU51 S]AT Is NOT SHE Legend: l (DOC.�2231126) , , $' FD I/2•RB W/ iaoo•oy1wc515 - "� �ffsr��KIMBERWICKE STREET L�1'38• S 8 1' .69' �c 3A BOUNDARY ` _ 7 2 SBW52.48w -- R 15o.oe '07;< ❑ OPENSPACE PHASE 29.T.98'. low - GeT1.85' N89'4t'S7•E Kltt BAX•IER MEADOWS PUD BOUNDARY 118.]5' 6 R r50.00 Z1oF nz`T _ STI 13 DEDICATED PARK .1 I F7SEMENT NBBo3'15•E I 7 / $ U LOW DENSITY SINGLE,FAMILY LOTS ® EXTERIORRIGHT-OF-WAY o , 12o.oD 10171 SF p 5 dg• •R589'51'31'W 318.59' ❑ DETACHED o DITCH EASEMENT IS 20'OFF I I 'g 1p m 58803'15•W 1 / G 1 ❑ MEDIUMDENS171 SINGLE-FAMILYLOTS ❑ INTERIOR RIGHT-OF-WAY It W,& 10'OFF Ely ORDINARY j'j Y 9600 SF g 115.1e' ATTACHED DETACHED r I I HIGHWATER MARKS II I 5WOS15Y1 �" PR SPA B ❑ NEIGHBORHOOD SERVICES z !. 8 8 CE RE$H)F.N7'fAi. s' 2 -EXISTING VETERINARY CLINIC � it 1; I ,zo.ao ,I � toD7o SF ffi HATE OPEN SW03'15•W COURT 1 I 9800 SF 8 FJORD 1152' BLOCK 7 n YIIIISE A i:i 1 120.Do D % s m 'a TRACT 97aa SF 12 NDER OF 12 8 a u REMAI ,�MEADOWS m �- I lI 800 SF q j p DED PLAT OFrBAX ; 111 - _ _- 1 $ 9 S6g03'15^W o 13 .I -;.iRp,CT-.,'- ` 1 I , m t07.85' TOT A l AMEN S I�i L S6fl'D3'T5'W--o Z I N \ PA AL BAXTER MEADOWS U.D.PHASE r I 11 SUBDIVISION P ,/ , %lit I p , _ r-f2b.W- D - 10 VF ow • • $ 13 m 9a,9 SF �, PHASE 3A ACREAGE• 52.24 C rn b - ( 1.i C` 4 9600 SF C p SW03.15w 1 4 SWOY1s•a m 104.19' PEN SPACE C LESS EXTERIOR R.O.W.: rJ i. i AC 111 O ,$ 120.00' m `m�e 11 �+ PRIVATE O O• AC v I 50'RC SETBACKS FROM , , 1 WATERCOURSE/WED-AND.IYP. ,:; i 14 9093 SF N89'56'15"E-270.69'- NT CLYDESp DE�7ELOPABLE PROPERTY: 5 73 (SEE NOTE I4) I , 8 9600 SF 8 47 223.31• A7 E COURT 5r lill l I 58603.75Y1 V SWW'15"w ,D 1 100.w1 5- - LAND USE ACREAGE BREAKDOWN •, {-1� t2oao' Wl BLOCK B t 11 8 12 44 10200 SF m FR2 SF seBW,s"8 sacos,5w SINGLE-FAMILYRESIDF.NTTAT.; 18.35AC I 128-oo, 9&�• RESIDENTIAL NEIGHBORHOOD SERVICES: 1.44 AC ! `111 r 62669 sr pNASE 1 SUBTOTAL: i(� rj/�AC 1F- rn? I'I .!L-N88,03•t5'E e ! NBBWl5'E MEADOWS SUB-P•U.D. } - 7•/7 Y l l t {' rw 113.ur J BARTER M� (BUILDABLE NET ACREAGE) INTERIOR R.O.W.: 1o.58 AC a Z ; 1 l 96z,SF I r n 6 DEDICATED PARK: u.4o AC 1. I I S10'18'28'E =4 W y it �. Stt603.151V o o swalys'w m A 7 l l w 15.39' I o ;�; ti 1 112.12 I- gar • sar59,ew 26232 oD OPEN SPACE PUBLIC ACCESS: 8.96 AC v m N9moo'oo'e 1783.49' NT �y 1 ° 69e 17 Dais sF i S TOTAL: 50.73 AC l I Y IU, III I ,9608 6F g 1 1i 1 d' - ALLEY _N9000 I _ _ - _ li l - r g _ I11111TY v54 os SB N0a'24�37�E ~ N9O00'00•EU K WN«6��s.r9' -77.sr- -Trv- -7:87- ar a-9' so' -a2.5U- -zz5r- -erzt"�.9 o NBU4.415E i ,; ; 01 1 seeo3•tsw o seEASEMENT sr I .�yOC�, a 2f y 3S4G C V 90.0ME _ EASEMErvxr W W 12$g pew W o 13 8 8_ 1 101.22 { I (Iy 116 1w.o5' tosw' w _Fla. k l 9wo 10 g$ 11 s 8o m oo $ 14 8$ 15 0 16 1 " s -'�Y' 18 m 15 «- rr4�• 91194 SF 15 ?8544 SF o 85"SFo �m mm q 8 0 9075 SF 4 9075 SF g ?9905 SF w ! �'w 978fi SF y� I 10009 SF 'owy 10291 w $ n 16 '9 ` 4N90 8 - - Z' o UTIL Unun w MIUT, ' e �n m FASEMENr 'B CK 12 FASENEM-'t0 EASEMENT�1 , , EASE ENT 21.SP ^ 11109SFb 1lo.() I 87.7W m 77.BY T1.67' 77fir ar sn 82.50' 82b0' 97.87' 101.2B' I 1 , M+- e / 15SY E g 9875 m S SINGLE-FAMILY RESIDENTIAL: 2 o s9601 A Nr Nr s2aeo cs aeon H 107300 SF LOW-DENSITY DETACHED LOTS ACREAGE: 6 AC g ssoe000',EQUESTRIAN LANE i - 000°�' M EQUESTRIAN LANE OF LOTS: •9 8 16308' 707.71' I % OPEN 79.Dn w 79.W 7900' AO' 0625' 86.25' 86.TS 92.94' ?I 98.16' -1 -d01�!__- C34 l ro�0• M PR SPACE A , APPROXIMATE DU/AC: 9 DU/AC Dr CASEMENT o o W W EASEMENTS uTI ry _ 04 ZS05 r EASEMENT �-- EASEMENT 1" g w 4 Woo V, w w UPLITY 1 B I 1 �_--___ 29e. S7g $'^A 1i 'ih eo 8 o B ! am sF d i i EASEMENT zo' to I 5 3 - 8 g d s - 5 - 6. , I - MEDIUM DENSITY DETACHED . m 1p, l �b 33 11016 SF § T 10327 SF 8 SS 8690 S Z, S!8690 SF 1, mm R=p, 9 o5 S `!9486 sF 8 7 0 0 ! N DOun I 1 I - \ 4 NE S78'• . 3• ¢ Ti y b-___���fff___ 9488 SF b f 10660 5� 41EASEMENT I I. J �� LOTS ACREAGE: . 8 AC 1 m m - "UTY 9- A - - N , o DITCH EASEMENT IS 20 OFF 7 �2a65' �MW #OF LOTS: 16 $' N90.00'OOII NT I BLOCK 13 EASEMENr �. --as.04 -7w -TM.,:,� 00' �6•i --56,25- 862� 99.84- N9P00'00�1'! ;.j: NE& 10 OFF SW ORDINARY 63; v 00 61 aa7s' u t APPROXIMATE DU/AC: o 1 11D23' $ 98b9' .'` �0 m -ALLEY 59a00.00'E. 4.35�_ _ NT I -J 5. 1�{11 ••� `\ HIGHWATER MARKS •.� �h SOPiB'341a .W _ 2 NT : ].15 ,... -., NT - N 8565 SF it I� p•°1 35.48' ,�- 9872 SF m V Irk 72T.74'-- �00` �0.D0` �O.W .00' - -8750'- -8T.50-- U98.8TM 0 ro MN�ar.ar� m 1 1 1 ^� 13975 SF.� N 11 l gy0,4 8 W 12 g, W MEMO _ ! a ; �ry �. b m 73 2 N o • RESIDENTIAL NEIGHBORHOOD SERVICES: C, 9 \ 9 10 $ 13 $-;, 14 s-,"', 15 $a 16 _ gl kla',i, o'� 113 P -c 11976 SF o�8255 5 b�8255b UTIOtt o' o�103 9 SFb'10319 SF$ 10319 SF$ 1N67 SF .�I' Y g.' 4 �II l m \ `1' /, ,g Z X¢ m 4X bQ �n t9ws r / 7 + b^ (EXISTING VET CLINIC) A _ o ,* 10353 5F �� 18 7.78' 'W m EMENi m n m 1 I 4 z ' N69'4t'46 240:D3'' as 52M C@�OJ'O� 70.00' ]O.Otl ]LLoo 80' 87 ' 87-5W 87.W 97.28' I z NgVWD01Y T -';:'1 I m J 1 15 / ^� 0 P I 1 4 , ' - !- - - o "'109:56'.. ,i ; `o ." r A 15657 SF ,�S.oe OSPA C • DEDICATED PARK: 1 o AC o, 12376 SF / cs ,DANUBE LANE'. rnf _ ,-1 I mp ORDINARY HW11 _ ! i T 73107 sF.. • u / J ` '-' WATER.MARK o $ 02•: Cea 'g 8' o OSPA D s400 sF SEE DETAIL A 6Y.E 4 J n i 6 94.50' 100AIn ta9.] 16 -Y• .y '6�' 2326' SEWER SERVICE ]e N96,P0'W'E o $ N90'W'001V 180.00' Z "•,, 1 1 Z ., •^. \ 11522 SF•a`. unulr EASEMENr -1�s2-- -��•- _��� w s9veo'o9'E 6 13954 SF$• a a m e s ^fi BLOCK 1s a oITDH EASEMENT IS 2D' 17 OPEN SPACE PUBLIC ACCESS: 8.96 AC o SAO 122.00 i I WI & 1O'OFF EI ORDINARY yl l • K 6 7 8 1 ,Sao' $ I Y y \ °2• 12110o sF �'"• al. 18255 Si b h 14238 SF $ 7502]SF .on l 1214A SF�' 1}7� _MI SF$ "i 10789 SF ¢ g 12200 SF 1 1 HIGHWATER MARKS • z1' BLOCK 15 $-t j' \ " cue unurr r- s9000m'E I .:'i 1 C`�t \ ��. /?jq .-:. � 12M SF 1s�"•e•z3•E --t47so'--- -er..>�- -t99.00-- �` ! ai5 •A� ^v,A M EMENT�,6 Q.�- t22.ar I d"` i�i ( Qti� l \ \7aB°rTq/1'O - Cr �d°f \ A I TOTAL DWELLING UNITS: 75 � -� OSPA E e ry AA169 n4@ o�ro p 7 fio.00' Z I / \ q0 �N $, W BUILDABLE NET ACREAGE: 19.79 AC zo'I f to39z7 sF Neras•37'E - 342.00� N.sa9o•F p- _ _ 7 APPROXIMATE DU/AC: 3.79 DU/AC 546.51' 39.81'\ 1 �] WFTHO a 2 PUBLIC PARK l k 4 l . o i RaSE. 8 12200 SF 1 496628 SF J 19 ED ! lO R/VE N9V00'00'E r I •. oa,p 11429 SF \ S89'46'37 63257 FD 5/e'RB 1 17679 SF Cep I \ m\ b r- �. \ v N4513'23^W S9V00'WE I o � so`sE-teACKs FROM - I � oa� a1s•'11 Ivs NOTE:DWELLING UNIT PERACRE(DU/AC)CALCULATIONS 30''sn N 1 1/2•AG>P[9518 IRRIGATION 23.sr u 1 C68 60.On 122.00' I o0 1 I WATERCOURSE/WETLAND,TYP LS]As 30.10'we EASEMENT o = $ •�. Mom' I (SEE NOTE q4> J - 'g 109.11 I EXCLUDE ROAD RIGHTS-OF-WAY AND PARKS/OPEN SPACES. (DOC.}2231126) G q�oqt' 11 EASEMENT FD W :.s 1 9 i I i OEI.INEATED WETLANDS DELINEATED WET ANDS \' ` 20 m l 6 , 1 1: 19735 SIF .�+ 'O 12 Y° I S �1 14124 SF I - N ,09,o sF w w $ ! A n 14821 3 r I I IXI511NG GRAVEL DRIVE USED FOR ACCESS I s TRACT 5 [ •+ - UTILm 4 rO C.O.S.NO 233 NO EASEMENT. URUTY TI m I FINAL NO 2202 BOOK jq6 I PARKING AREA UTILITY , 12 PA 207 pLpi 6JI o _ FASEMEM -�J, DOCUMENT FOUND �i cREDIrEo EASEMENT EASE'''ENr W_ C'0'S' GE z\, --�',r.64'---- --,35•.on--�° -sas'sa'e9w 1 I (LDCXFON ANO '. m sa9se s It Q� ?��y 5. l J-p N6g5p'09•E ,i116.84'. 122.00' I i suBlEcr sro j om 1a05r 5 • CHANGE) $ a �. � tT Sa00' 268.]2• umi � voi. I I .. ..--. ., ,.,:. --7a1 i.00- �w.. �3.. 3D.12'WC 351. 5.,.. .. . - - - - - - - - - - - - - - $ D TCA x r S89.50'59'W 992.7Y REVIEWED&APPROVED x R o' CIE" .OF PLANNI I. A Es N BARTER LANE pM N1 . Henso's9'E 664.74' S69'S059'W 619.54' D 50' 300' zao' A OM UNITYr�EV - - - - - - - - - - - - - - - - - - - - - - - - - - - - - sW CDR.s.3a,FD C.O. ,No. 1302 PUBLIC STREET EASEMENT - - - - - - - - - - - - - - - - - - - - - - - - - D!RE iO ACAP[5429 1 DOC.#2103143(D) C O.S. NO.1302 Scale in Feet DATE U 0 0 0 l 0 0 0 NOS 0 JOLENE J. RIECK - 184LAR = "PET 11 paC��\\♦ PLANT SCHEDULE SYM TOTAL O.S. PARK BOTANICAL NAME COMMON ME 51ZE ROOT NOTES QTY 5A AREA DESIGN R z DESIGNED BY � (�-( QTY - PLANT ALL TREES TO HAVE THE SAME AMA Lu ����TREES q RELATIORIGINALLY TO FINISH T GRADE R •PLANT ALL TREES TO HAVE THE SAME DRAWN BY ORIGINALLY CROWN IN THE NURSERY. - RELATIONSHIP TO FIN15H GRADE AS AE 3 3 O AESGULUS 6LABRA OHIO BUCKEYE I.'f5'GAL. B a B ORIGINALLY CROWN IN THE NURSERY. JJR z AP 20 9 II AGE R PLATANOIDE5'EMERALD QUEEN' EMERALD QUEEN MAPLE 2"GAL. B a B o PRUNE AS SPECIFIED TO RETAIN CHECKED BY 5 AR I6 11 5 AGER RUBRUM'NORTHWOOD' NORTHW 00 MAPLE 2"GAL. B a 13 _q�e+s� NATURAL FORM PRUNE AS SPECIFIED TO RETAIN a FN 16 1II FRAXINIS NICRA'FALL60LD' FALL60LO BLACK ASH 2"GAL. B a B 1 NATURAL FORM 06/06 REV_11/02/06 p FP 12 6 & FRAXINUS PENNSYLVANIGA'PATMORE' PATMORE GREEN ASH 2"GAL. B a B *STAKING 15 MANDATORY. SUBMIT A DATE ~ GT 21 10 II 6LEDITSIA TRIAGANTHO5 SKYCOLE' SKYLINE HONEYLOGUST 2'GAL. B a B SHOP DRAWING OF STAKING y PROCEDURE FOR APPROVAL BY THE 06013 w -- PP IT O 1-1 POPULU5 TREMULOIDES QUAKIN6 ASPEN 2"GAL. 64 B OWNER'S REPRESENTATIVE. •STAKING IS MANDATORY. SUBMIT A PROJECT NO. a QM 5 1 4 QUERGUS MAGROGARPA BUR OAK I.15"GAL. B a B SHOP DRAWING FOR APPROVAL BY THE co SA 5 4 1 50RBU5 AUGUPARIA EUROPEAN MOUNTAIN ASH 2"GAL. B a B A KRAFT PAPER TREE WRAP,REMOVE AT OWNER'S REPRESENTATIVE 06013_LS.dwg o THE END OF THE WARRANTY PERIOD. FILE NO. N SP -I 5 2 SALIX PENTANDRA LAUREL LEAF WILLOW 2'GAL. B a B TREE GUARD;LARGE SIZE 3'CHIPPED WOOD;LOCAL ORGIN OF �j TA 14 b 8 TILIA AMERIGANA'REDMOND' REDMOND LINDEN 2"GAL. 54 B 3'GRIPPED WOOD;LOCAL ORIGIN OF FINISH CHIPS,HEALTHY TREES ONLY,3'-0"PIA. TG II 3 8 TILIA GORDATA'6REEN5PIRE' 6REEN5PIRE LITTLELEAF LINDEN 2"GAL. B d B CHIPS;HEALTHY TREES ONLY,3'-O"DIA. GRADE IN LAWN AREAS,TYPICAL UM 10 4 b 1 ULMUS'HORTON GLOSSY' TRIUMPH ELM 2"GAL. B a B IN LANAI AREAS,TYPICAL I�- � PROVIDE I MIN.CLEARANCE BETWEEN q�Ap.¢ AL TRH PROVIDE 6'MIN.CLEARANCE BETWEEN I I—III - _ " _ BALL AND PIT WALLS;ALL PIT WALLS AC b 3 3 AGER 61NNALA AMUR MAPLE I.'15"GAL. B a B BALL a PIT WALLS. ALL WALLS SHALL -III-I, • I`�� `• P`I-L BE FRACTURED AND UNGLAZED BE FRACTURED a UNGLAZED W C O AGM b 5 1 AGER 61NNALA AMUR MAPLE H'HT. B a B MULTI-STEMMED _ I—III- _� REMOVE BURLAP FROM TOP THIRD OF GM 3 2 1 CRATAE61U5 X MORDENEN515'TOGA' TOBA HAWTHORN IS"GAL. B a B "- �//�\ - REMOVE BURLAP FROM TOP THIRD OF -III-III - FOOTBALL;GUT WIRE BASKET IN FOUR ^"+ PLACES AND FOLD DOWN 8" PM 4 O 4 PRUNUS MAAGKII AMUR GHOKGGHERRY 2"GAL. 54 B � �� —I� FOOTBALL,GUT WIRE BASKET IN FOUR PLACES AND FOLD DOWN 8 INCHES �_ _ �— ►r¢-yl' [1 z PMM I 1 O PRUNU5 MAAGKII AMUR CHOKEGHERRY 8'HT. B a B MULTI-5TEMMED -III :` .'.,; I- I III I I I I I III I I I I I I I= W o PLANTING 501L MIX,AS SPECIFIED I _ _ PLANTING 501E MIX,AS SPECIFIED. O O , FU 2 2 O PYRIIS U55URIENSIS'BALIFROST' MOUNTAIN FR05T PEAR I.T5"GAL. B a B -I—III III I I- o 2 m N w PV 12 10 2 PRUNUS VIROINIANA 5HUBERT' GANA12A RED CHOKECHERRY 2"GAL. B a 13 E'+ PvM 'I -1 O PRUNUS VIRGINIANA 5HUSERT' ell RED GHOKEGHERRY 'HT. B a B MULTI-STEMMED n ��++�Z�3 2zaN�i EVLR6R�TREES DECIDUOUS TREE CONIFEROUS TREE A m 3 PE 4 1 3 PIGEA ENSELMANNII ENGELMANN SPRUCE b'HT. B a B 1 2 P. PG 14 9 5 PIGEA 6LAUCA DENSATA BLACK HILLS SPRIKE s'Hr. B a B NOT TO SCALE NOT'I'O SCALE PP 'I 3 4 PIGEA FUNGENS'6LAUGA' COLORADO BLUE SPRUCE b'HT. B a B j FN 10 5 5 PINJS N16RA AUSTRIAN PINE PS 4 1 3 PINUS SYLVESTRI5 SCOTCH PINE I BOULEVARD REPLACEMENT TREES PMI 7 PRUNUS MAACKII AMUR GHOKEGNERRY IS"'Al. 15 CAL. I-4 RUM 2 PYRU5 U55APIAN'MORDAK' PRAIRIE GEM U95MIAN PEAR IS,GAL. B a B PUMI 5 PYRUS U55ARIAN MORDAK' PRAIRIE GEM U55URIAN PEAR 15'GAL. IS CAL. {G�' SRI T SYRIN6A'IVORY SILK' IVORY SILK JAPANESE TREE LILAC L25"GAL. IS CAL. M55 9 MALUS'SPRING SNOW SPRING SNOW CRABAPPLE IS'GAL. IS CAL. �FMyi z F�"I co w • � N J Iq � O/� W W PLANTING NOTES: QG�� 1. PROVIDE A 3'-0'VIA.BED AROUND ALL TREES LOCATED IN LAWNS. MULCH WITH a GLEAN WOOD CHIPS. NO EDGING OR WEED BARRIER REGURIED,SEE DETAILS_ 2. FINE GRADE AND SLOPE ALL LANDSCAPE AREAS 2%MINIMUM. POSITIVELY NO FUDDLING,SETTLEMENT,EROSION,SEDIMENTATION OR OFF PROPERTY DRAINAGE v NUISANCE SHALL BE PERMITTED. 3. CONTRACTOR TO VERIFY WITH THE OWAIER AND UTILITY COMPANIES,THE LOCATION5 OF ALL EXISTING UTILITIES PRIOR TO COMMENCING WORK. GONTRAGTOR TO REPAIR ALL DAMAGES TO OCZM AS AA EXISTING THE CONTRACTORS ACTIVITIES. ESS AND STRUCTURES WHICH r, 4. PLANT LOCATIONS SHALL BE LOCATED BY TI-E CONTRACTOR AND APPROVED BY Q 'S THE OWNER REPRESENTATIVE PRIOR TO PLANT INSTALLATION. S. ALL PLANTS SHALL BE PLANTED A MINIMUM OF 24"FROM PAVEMENT EDGE. b. PLANT MATERIALS SHALL BE FURNISHED IN THE QUANTITIE5 AND/OR SPACING AS .. _. .. w SHOWN OR NOTED. IN CASE OF A DISCREPANCY BETWEEN THE PLAN AND THE PLANT A SCHEDULE,THE PLAN SHALL DICTATE. 'I. NO SUBSTITUTIONS WILL BE ALLOWED WITHOUT WRITTEN CONSENT FROM THE w LANDSCAPE ARGHITEGT. 8. ANY PLANT NOT MEETING THE REQUIREMENTS WILL BE CAUSE FOR REJECTION. ALL RE.gGTED PLANTS SHALL BE IMMEDIATELY REMOVED,DISPOSED AND REPLACED BY THE Fi HJ CONTRACTOR. EI -1. ALL PLANTS ARE TO MEET OR EXCEED AMERICAN STANDARDS FOR NURSERY STOCK, Fi CURRENT EDITION,BY THE AMERICAN NURSERY a LANDSCAPE ASSOCIATION. ALL ? � w PLANTS SHALL 13E NURSERY CROWN UNLESS NOTED OTHERWISE. Icy 10' MATCH GRADES OF LAWNS TO CURBS AND WALKS O 20:1 MAX SLOPE AND A 2% MINIMUM SLOPE. TAPER TO EXISTING GRADES. II. ALL EXI5TIN6 LAWN AREAS DISTURBED BY OONSTRIXTION ACTIVITIES SHALL BE I' F PREPARED AN7 5EEDED A5 PER SPECIFICATIONS. 12. CONTRACTOR 15 RESPONSIBLE FOR TOP501L FILL AND LANDSCAPE GRADING. W 15. THE PLANTING AND IRRIGATION INSTALLATION SHALL BE THE RESPONSIBLITY OF ONE ! N CONTRACTOR 14. PLANT SYMBOLS ARE REPRESENTATIVE OF THE WIDTH OF THE PLANT AT MATURITY. USE THE CENTER POINT OF THE SYMBOL TO SAUCE THE PLANTING LOCATION. c 15. PRIOR TO PLANTING OPERATIONS,CONTACT THE CITY OF BOZEMAN PARKS I SHEET DEPARTMENT TO 51-HWULE A PRE-CON57RUGTION MEETING. It O !• C)gs L5 © o 0 Q Q a ® 0 Q Q "ATGH LINE i _-.. _ MP�TGH LI �•JOLENE•J. I�, it = I D�.G �;I I 1_ I !!' ^ _ .I__ c - / ❑ RIECK c 184LAR UTILITY IiO (2)PJ k I I2)SP EASEMENT I I (IJ PE ro A i I I L (2)PN (2)6r AMAlJJR a (2)AR _ ` - DESIGNED BY Z •. / ell 1 -yg - _ _ _ _ i (I)FPAMA Lu C7 UTILITY,, I �t�l�tl UTILITY�,'I , j NI 1 � 3 __ DRAWN BY EASEMENT o i EASEMENT - z I 1 i CHECKED BY g -- a �8 EV.10l20 AP DATE _ (1)OT (1) F�. I l ' �' 06013 W I E UE5TRIAN LANE T — 0)AP;1'`' I /' '; Q - I / !' PROJECT NO. a N um l FN (2) 06013_LS_dwg gi _ ' ' (�J FN (I)Or (I /. . /�' F-': UTILITY (1)AP / ci ,� -- UTi\ITY -_SEM�NT—► E I \ EQUEST / -- - A g'„pq Ru \\\ `\ DITCH EASEMENT IS 20' OFF /_'' -t_ "�NL J ��...._._.__. -. 3a5 � E I \ NE & 10' OFF,SW ORDINARY �' - ao^� \ I N FN / ' N Pv �ZSo 0'I I \\ I q Ilt \ ` ♦ HIGHWATER MARKS 10_ \\ \� y _ (2)PvA AP �m� P+ PT \ 1 I 7 JJJ III t',I g /� ' ^\ •`1• r � / �' TA IN FN lie, Fv 10 6)AIR - - • — s ,�• 1 eR _.(2)PJ_.. .. t - - o 0)Pv ( 0)AR W nJ PM , I HATER E 5EV�R w' (1)TA 0)QM +� LMLITIE5,TYPIG N AR r Q± PP ` I (1)pv 1! GYJ U1 O � (I)A6h1{ ." I _ t\1�� ro AR ♦ � ♦ (2)TG I �M \ 1 - - t •\ --�� / 1111 III I (b)Pr \•- -_--_`- \- _.� \.. \ , I // W 10- .. �\ �) DITCH EASEM T \ / \Wly & 10' 6�1y \\\ R MARKS \\ -. `\\ ��\ I N . 10) 069* \ t EXI9TIN6 GOTTONW JPD5 Pp i W 10 1 ro QMI 1 \ ` IIII` (y'i -•-1 \ \ I 1 tt?j `� 'qr � I - l•, 1 ��, m^� <� f \ I a I 10 µJ` II Iti l h \ IUI 1 ♦ — - / ♦ ` � ram?\ \ III' - 1 I I I _ U''� 'i!% / - / ♦ 1•' \ •• \ � . � ,'l \ - --I- __----. 1 I I I I 1 i I •I .% ,.� / - =-� ,l exlsrlias. ♦ � ���- / \ \ I ', (0 QM �j ''\� / I a Ili 10 \ 1 I' \\) 2)PM i / \ ab n)FRG(1) / -,.0 ro 1. ni 6r_ - (3)Pr cfl j ' 1 ` �n \\UTILITY —�p I( I / '� _ ^` \ EASE�IE 1 __ (1J"PM ' )TG qq U�I�ITY 0 Y)PN \ Ili y'. - 0)6r \ UTILI�Y p� SEMENT — \ 1 \ - - AR .. -_. (1)QM \. 'I"' 10 \p Ps \0)'Ps \ •�,, i>.y EASEMENT A - E----- �J10 o'o �—___A'� 1 1 II/ 1 \\___ 1 _ Q of o a ''. o F PENIPe 5r l F ._ (u Ps W a \ ` �— �� - - _-— _- - __- tp .. _ ... ___ - - - - ---i.__ _ _ --;,Tr _- - -- - - 0 > r > -- — -- -- 1 25 50 100 200 . 0)PMI, (I)'SRI- ---:(IJ M55 (I)PUMI �--.-(U-5R1 (D PMI (I)M55 (IJ WMI -�S --_- ro (IJ PUMI ro SRI �U 5R1..., .._ - -_. � � SHEET $ _ ER LANE (U PUMI (� (U SRI .!I)'M55 (U PMI (U PMI (U M55 _ _ ER_LAN� -- 1 LANDSCAPE PLAN L2 SCAL}3:1"=50' SEE SHEET L5 FOR PLANTING SCHEDULE,NOTES 6 DETAILS © O O 0 0 0 0 0 0 0 0 0 7D 11/2" �R, W/ r c�� '31 1 22, JOLENE J. A 'F RIECK 184LAR KIMBERVIVICKt AMA/JJR DESIGNED BY AMA U DRAWN BY m AP AS- EEti! JJR PV / / ���\ CHECKED BY 06/06 REV.09/06 DATE �EV 1, 06013 20' OFF Et OR�;XARY PROJECT NO. IL 06013 LSdwg C11 j FILE NO. '\ 1'' \ `\ It 1 j. 1 �i' _ I I c L.lr rr i �/ �' o (1)AR 90 01JRT FJORID C co Z!i o I t ,� ►t , 1 I r D I I ' / / m y ug (1)PVM 0)AM -Z4.0) -zm I L > > ------- SPACE C + CLYDESDAL . . . . . . co U ?J) 1 11 \ ,III : . �I Illl IIf` 1 ( I� -''- i IL? A__.___ !: ,,�., lo T (1)A(5 C) F- E- Z-6 c-_ i cc co 11 (1)Al IT Ar, ----77- (1)A� (1)TA E- OU ------------------- UPI ITY --11( 41 + �D EASE;1JE-11T IT, ts: LANDSCAPE PLAN C) uj SCALE:1"-50' w m%MMM%===Wm� U) 0 25' 50' 100' 200' SHEEP 5EE SHEET LB FOR PI-ARTINC,5CHEDULE,NOTE-5 E DETAILS O O O O O 0 O O ' JOLENE J. '• m+I I in I Ih i t Ioil I I im I I ME 1 I m 1VI im I/' 1I��' I-��I I I I 0 I IAm++ \'I I Ii I I'� I I 11 I+f 1�I o RIECK c n 184LAR c I! Ail r' \ ALLEY \ / 1 \ �• 0.' III - F9 w �A Z[,'IEASEW TA fLITY MiAM SA cENT\ AMA/JJRdDESIGNED BY z_ LI / U,FVM I 1 II AMA W (I)IFN II -1 UTILITY / p \ \ AITY DRAWN BYU UTILITY- - EASEM�\�TEASEMENT_ ' I \ V "\ JJR0 - EASEMENT—} 4 1 CHECKED BY 1 -- ----�,_�/ �_�- --.t , _ 06/06 REV.10/20 JJ + O 1'Q 0 i J_ J _�C� DATE EQUESTRIAN LANE \EQUESTRIAN LANE , r �O•' I I Ilo l - -.. 1 \ s, PROJECT NO. C I �C --- - — — - — - — 06013_LS•dwg I '" N �� _ I I L.. i , Ili FILE NO_ U fh , UTILITY A I 1 p•i � I '�I / � � 10�— UTILITY UTILITY W l.CN FN \� i EASEMENT'-' I -EASEMENT '', i \\ \\ \\ \'\\(1)PG i! 1 I I EASEMENT'=�� !I I.II A A. I CaH�dH IIII L,, i r¢nz L UTILITY (I)AE / 1 (!) _ o 69-6 U EASEMENT A ---I ----I --- - --- 1 �10 aO o I H I' h �'t �— ', -- -- o F' i 1'� r r------- 0 _ a a I : — — — — / — — — 0 (1)�I II I p)AP — ALLEY — — ! — jr — — F" o=a z N3 I �. I I 1 11 UTILITY - I EASEMENTFp 1 --- ---- \ _ \ ill 1 iol (1)All ��I j UTILITY (1)Pvtit SE<)AENT— i I I I I I r io / / I DANUBE LANE (I)FP; I)TA A (I)FN� (I)FIN (U AF (I)TG_.(2)P6 �........Fiji /'Y //// / '.,_ •� I ' UTILITY/WE EASEMENT ...( �— I € iiiiJ�J22 i ---- - m ASH (�P6 (2)P6 Lu (U l (1)5A 1 \, 9�/ W (q um ( [ -------- 6 AFI ,. I /• '0 N.ABM F 111 \\ r*,d UTILITY ' 4 3 E co� I EASEMENT 0 rn 1 I \ / - // (U PS (1)5A N45'13'23"W FD 1, 1/2" ACAP [9518 (U AP 23.9T AS 30.10' WC 1 .a I UTILITY I a �1 9.. ` EASEMEN � do �IIII .K T. Z III•! TRACT 02 '-- BOOK 1 JI :z ,,,1"\ ExI5TIN61RR16ATIONLINE E-I a II C.O.S NO, 22 2�7 PLAT 2 I a)PVM n)�"' I Z jo PAGE 2 -- --_-_ — — — P� I I r' I U Ni 268, „ . )..PMI- c=n 30122 WC 1 / ell _ _ . _ __. _ — — 0 25 50 100 200 SHEET t —/ (I)5R— FUM (2)M _(U FM (I) .........................................................................BARTER LANE...-. * _ _ TN_ LANDSCAPE PLAN SCALE:1"s50' SHEET 1-55EE 5 FOR PLANTING SCHEDULE,NOTES s DETAILS L4 0 O o0 lit JOLENE J. RIEC 184LARK 01 "o lid) 7�, 7II o OF AMA DESIGNED BY z i IN AMA �,jl 5167� h III: (11 ). C432 DRAWN BY U) z JJR ij11 CHECKED BY 08/24106 0 F- DATE 70 06013 0 165 1 1 A PROJECT NO. EL .71 06013 IRR 2-dwg FILE NO. 1,6 40 r7 7C 25.6 co (30 c .. ........TM I — BE Ll L-- Wia:- WICKE STREET 1Z- -A� E. F.z 4 03M: III I h--,,6A* N V pl Q) II —1. 1 0911 )pgc4 t 4.22 ffA LbI. C) + t t'0 I ( I I 11 I'; 1 1 �1 11 7 V CYD fp - j 7 k 8C ,".�,I, A 411. 6 V ti T4, \ / I I --4L DIN it A uj A 0-) 1 (L u t --------- I L j, 'A"LANE V II I '- 7- 0) q 7 n It co-10 5EE SHEET IRS 1`�OR Il AND NOTE-5 47 IRRIGATION PLAN-3B NORTH DRIP EMITTER SCHEDULE SCALE:V'=40' E- w P� C) SHEET 11 7 &56 Mo 0 0 0 0 0 0 0 FINISH GRADE NOTES. 10"ROUND VALVE BOX I. ALL PIPES ARE TO BE CENTERED 5'MIN. •JOLENE J. J _ _ ON THRUST BLOCKS. = RIECK ro 2.CONTRACTOR 15 RESPONSIBLE FOR D'MIN. 184LAR PVC SOH 40 ELL / BLOGKS N ALL PIPING INSTALLATION. \�_ '��•(� Q'�„": PVC 50H 50 NIPPLE THRUST BLOCKS NOT REQUIRED ON \ PVC,SOH 40 COUPLING DIFFUSER BUS GAP 2-In'DIA.AND SMALLER LATERALS. j E NAa° WATERPROOF CONNECTIONS SECTION y,}DISTRIBUTION A-A �� W6 RECTANGULAR VALVE Box STAKE, THRUST BLOCKS JI� TOP OF MULCH OR FINISH y4°TUBING STAKE; l GRADE DO NOT PENETRATE AGGREGATE \/ \ \ AMA a PVO SOH 60 NIPPLE ROOT BALL PVC SCH 60 UNION FOR PE LATERAL PIPE \ A A / DESIGNED BY 5"MIN. SERVIGIN6 A55Y. 51N6LE PRESSURE _ :._. ,. III_ io COMF'AGTEIL \ AMA SOIL DRAWN BY PVC SOH 40 MALE ADAPTER COMPENSATING SWASH MIN. ED ROCK MINUS EMITTER SEE / -I I '�`` III- 4•L�EN5 RIS1 MAIN LINE W/1" JJR Z IRRIGATION SGHE>ULE FOR �_:':.':� % THREADED TEE ON CHECKED 8Y (L BLOCK 11 OF 4) PIPE TEES b EI-I'��` REWIRED a oho, rn,p FLOW ,. .,......"i.`,,,':,:" SIZE PLUF� 22-1n• 4s' '40• \ \� ttNR I—.,.'.,;•,�.,:;.�:,z :..... —I I \ \ 08/24/06 0 INLINE PRESSURE REGULATOR — A B A B A B A B SUFAC'NP \� DATE U) REMOTE CONTROL VALVE _ "—I I I_I I I— CLOTH,TERN Y _ 2-4" 24' IZ" 4' 12" FI' 12' 21, 18" DOWN AT ENDS- 06013 w INLINE BALL�yEILTER NOTES 6' 55" I6" 12" 16' 24' 16° 5Z" 24" i PROJECT NO. w I. PLACE EMITTER(S)AT THE BASE OF THE V 40" 24' 16" 24° 30' 24" 45" W. PVC MAINLINE ROOTBALL. SEE 5GHEDULE FOR THE TOTAL NUMBER 10" 50' SO" 20" 50 40' SO. 61" S6' . ` 06013 IRR 2dwg o PVC,50H 40 TEE OR ELL OF EMITTERS AND FLOW PER PLANT. 12" 61. 56" 18' 30' 16. 30. 67" 36' \\\./ . - cv PVC 50H 60 NIPPLE(2-INCH LENGTH 2. SPACE MULTIPLE EMITTERS EVENLY AROUND THE �y \ �G i FILE NO. U HIDDEN)AND PVC,5GH 40 ELL ROOTB'a1J-' ^ FITT���N PH ES w w 1 DRIP ZONE CONTROL DRIP EMITTER PLACEMENT THRUST BLOCKS NOT TO SCAI.E oo 0 0 VALVE u?� o�o1 NOT TO SCALE NOT TO SCALE �Q W gg §c- WELL W/MIR I GY cn 0 QZZ �u� I-I/2'AWASHEVTE Q�z O O " s�aa F. !Z=N3 MAIN LINE DRAIN ;Rm!; 4 NOT TO SCALE a z 0 IRRIGATION CONTROLLER - ICI I20V OUTLET PUMP CONTROL BOX 1� METER MAIN BY ELECTRICAL A CONTRACTOR ELECTRICAL 1-ETER,BY pq POWH2 COMPANY ® PVC.UNION 1"ELL GAP CO U) Z FINISHED QUICK CAOUPLER I F-1 PUMP START RELAY GRAVE JUMBO VALVE BOX WATER NE1 1 �y O LOCKABLE METAL NEMA PRESSURE 6AU&E 0 o ENCLOSURE,WEATHER TIGHT; 1p/ ^ HEIGHT AS PER,CODE llX. h"1 REQUIREMENTS DROP PIPE r0 % SUBMERSIBLE IRRIGATION PUMP I N MAIN LINE POWER GABLE. PROVIDE J O 250V,SINSLE PHASE POWER t Y+'1 ELECTRICAL CONDUITS FROM METER LOCATION E PROVIDED BY NW ENERGY I- E.,I CONCRETE C7 FINISH&RAVE -THRUST BLOCK h+l BRDFIZE C 0CGK VALVE LINE 5.OF 5/4" 5/4'BOILER TO PITLESS SIZE MINUS WASHED DRAIN VALVE ADAPTER BALL ROCK VALVE IRRIOA71ON NOTES 1.4 WELL PUMP PANEL POINT OF CONNECTION -WELL I. CONTRACTOR SHALL MAKE HIMSELF AWARE OF ALL 9. SLOPE MAINLINES TO DRAIN. EXISTING AND PROPOSED 517E CONDITIONS,INCLUDING 10. LOCATE SPRINKLER HEADS TO MINIMIZE OBSTRUCTIONS THAT NOT TOSCALE NOT TO SCALE PLANTING,GRADING,BUILDING CONSTRUCTION,WATER WILLLIMIT RADIUS OF COVERAGE,CAUSE DRY SPOTS,OVER W DEVELOPMENT,AND SUPPLY,PRIOR TO COMMENCEMENT OF SPRAY ON BUILDINGS,STRUCTURES,PAVEMENTS OR OTHER WORK. NOTE ANY SLEEVES AND IRRI6ATION STUBS FOR WATER DAMAGE. FUTURE WORK. If. CONTRACTOR SHALL BE RESPONSIBLE FOR THE LOCATION, 2. CONTRACTOR SHALL LOCATE AND PROTECT ALL MOUNTING AND 120 V.POWER SUPPLY TO THE CONTROLLER AND z UNDERGROUND UTILITIES,CONDUITS,AND STRUCTURES AND CONNECTION TO WATER SOURCE TO MEET FIELD CONDITIONS. O SHALL ASSUME RESPONSIBILITY FOR ANY DAMAGE INCURRED. COORDINATE INSTALLATION WITH OWNER'S REPRESENTATIVE AND 5. THE IRRIGATION CONTRACT INCLUDES SUPPLYING AND OTHER TRADES. L INSTALLING ALL MATERIALS AND EQUIPMENT FOR A 12. CONTRACTOR SHALL BE RESPONSIBLE FOR FINAL BALANCING COMPLETE,AUTOMATIC IRRIGATION SYSTEM. ANY ITEMS AND ADJUSTINGRI OF COMPLETE IRRIGATION SYSTEM,INCLUDING �I REQUIRED TO CONFORM WITH SUCH INTENT ARE CONSIDERED ROTORS,SPRAYS AND DRIPLINE5. TO BE INCIDENTAL TO THE WORK. 15.NO SUBSTITUTIONS WILL BE ALLOWED WITHOUT WRITTEN \../ 4. THE IRRIGATION PLAN 15 SCHEMATIC.FIELD MEASURE ALL CONSENT FROM THE LANDSCAPE ARCHITECT. Y--i DIMENSIONS,EXISTIN6,AND PROPOSED CONDITIONS,AS 14.SEE THE 51'ECIFICATIONS AND DETAILS FOR FURTHER w P4 REQUIRED TO PROVIDE COMPLETE AND OPERABLE SYSTEMS. REQUIREMENTS. F N S. DO NOT WILLFULLY INSTALL THE SYSTEM WHEN OBVIOUS 15.SYSTEM WAS DE-516NW ON THE AVAILABILITY OF 40 P51 AND W OBSTRUCTIONS,GRADE CHANGES AND SITE GEOMETRY EXIST. SUCH DIFFERENCES SHALL BE REPORTED TO THE OWNER'S 55 GPM AT THE FURTHEST HEAD. CONTRACTOR SHALL VERIFY w REPRESENTATIVE. IN THE EVENT NOTIFICATION 15 NOT MADE, AVAILABILITY AND COMPATIBILITY WITH THE WATER SOURCE. w THE CONTRACTOR SHALL ASSUME ALL RESPONSIBILITY FOR 16. ALL DRIP IRRIGATION PIPE DOWNSTREAM FROM ELECTRIC U3 ANY NECESSARY REVISIONS. VALVES 15 TO BE 160 P51 5406 POLYETHYLENE PIPE INSTALLED 6. CONTRACTOR SHALL REFER TO LANDSCAPE AND UTILITY WITH INERT TYPE FITTIN65 AND'OETIKER'DOUBLE CLAMPS. PLANS WHEN LAYING OUT HEAD PLACEMENT AND TRENCHING. IT. ALL DRIP LATERALS SHALL BE BURIED TO HAVE A MIN. 7. ALL IRRIGATION INSTALLATION SHALL CONFORM TO COVER OF 10"DEPTH. ALL DRIP TUBE SHALL BE AT SURFACE SHEET LOCAL CODES. UNDER FABRIC,AND MULCH OR BURIED AT 4"DEPTH COVER OVER ' 6. PROVIDE DRIP IRRIGATION TO ALL TREES SHOWN ON THE PIPE IN LAWN AREAS. PLANS. SEE IRRIGATION SCHEDULE FOR EMITTER COUNTS. IR7 0 0 0 0 0 0 © o �JOLENE J. 4r v, �/ RIECK J my s\ \ I \ \ \\ \ \ }1 I c`A l \ 1 1 } ''. \ ', 1 + 1 / j!'1 / \\ `\ �c o IO.j>gc a / /// .. ---' E 184LAR c' I� .II I `e \ ` \ +++'k ^\ \ � \ \ \ 1 1 \ 1 � 1 1 , \ \ \ \ 1 \ \ \ I v ! /� �\� \ / / / � / '' /' �a••.c qlo�: N \ \\ \.\ 1'1 1 1 1 1 It\I r 168632.• y' , u z o Erg. Imo] IRRIGATED LAWN �hnnm„ (5EED MIX#I) I r \ \ \ r l T° P .\ __ ! //! 4 TRgrT-3 AMAIJJR a \ \ \ \ \ \ 11 ` \\ I I I II 1 \ \ \I 3, \\ I / -qFc enR� I MEPDows �I \ i `, i \ 1 'I I I II \ \\ \ \ 1 L r cv r _ `Plat r,:gcxrP NATIVE SEED L \ \ l +\ I', \ 1 '� : I 1 l yl I \ \ \ 1-} / r PI/E•JDEO P ' TFFCT 1A (SEED MIX#2) DESIGNED BV Z I p I \ \ xr,. w- D PHASE c7 I �I G IE:DIVI;ION�' f�\\ l � 1 ----"-- suson''slor AMA w \ \ \ \ 1 •.+I ••\ \ 1 1 I I II 1 \ '\ \ \ I i e NO TREES IN / 1 1DRAWN BY l P 1 1 \ 1DIM/ , , I BOULEVARD ..FD h/z marts w/ w Z I I \ L t. Tl ._:.._ -�,_.. -1 1,_-`1 � \ \\ 1 `^`•. 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SEED �.•.� g � W MIX><2 / - / , i, 11 _ Ulf � ¢ \E W 3 i _ A ® � ' ,, -.... -— 1 1 _�II II J I / SEED -•.I\' / �/ y'\ \ I ®.' ^� -i ♦. w �� -�.._ -- [ -1 II 6gro� MIX 1 \� i <�.��1 -7-__» 'I • ., 'I �., .. ......_- ` 1 1'I SEED ':t. � \ !�\ `\. // // \` W } .'...` MIXX N nDnF[asla I I �J/ I $ � rn< I /goo v�, r � ' ^•, / � �... `, 1 \y � I �.;s - o�, . rP Cr✓22D2 T/ / d. \ \unL\n_ ';t L- J_ J.... -"W./ S �1 uru rr hr;; _ _�_.�- , _ 0 50 r e r r SHEEP ILI:� I /. -- -} ' '�- - - y _ e �,` IsrP[IT r 100 200 300 .. / F AL' 2 7 3 1 / l _\'�. _— \ASE'.�IJT y t \T„ 'I" , 1 r -- �--L. - SEEDING PLAN - --Z� Li -� --- - - - - --- - -- •-: -u- ._..' ' _ -D,�p'PF`.R-i�thF¢. _--^ .,�_... ? _-.�=_ _,._- - .,� 5� - '-=----_--__- -_L__ ' ter, + O 0 0 0 0 0 0 0 0 _ -JOLENE J. RIECK 184LAR = i'i CAPE IIIp�C`\``` iII ILD I ,'I I � 1 1 I , } �I . / ♦ ; 1 � '� � \ �' U1- r �,.�. ,., , ,� -r �1�% j` � -_ ''• �I I ?'' !-y �' I Li /. ;-. .._:._ . ' C AMA MATGH SNEEFIR3 III ICE `, I;i n I I 11 1 II ..... ,. ,' - ', � ,: - �.- ---- DESIGNED BY Z ,. t✓ I',, �` i., nArrE .\\ r _" — ` II FY y r• `._.. AMA w < I I f, - DRAWN BY o JJR ? 10 \ � ,\ \ �• � �11= 1-� I CHECKED BY g \ I \ I �I I a I IIF I IIII \ \ I \ \ 08/24/06 o �1uo DATE 06013- w PROJECT NO. 06013 IRR 2-dw FILE NO. U �•II `f 11 \ \ 1 I o 1 I I I, I l; 11 \ /� II l � � I / 1 li. 1 \ 1 I I 1 1771 (�I-- �ry oLL x g i I 60 11 amp � ..\ O:j \ P; \ + 1 �" \ 1 1 1 ' 1 I � gZmxx �� �, - P"i;i I I I \ E-I I 1 \ � I 1 't 1 1� � �• I Pi I I Lo 1 I 1 1 1 z-t I I e a'a "Bit LANE II 1 \ v 1 1pq I 1 9C 8C 1 \ \ I 11 I 5.1 25.2 e 1 \ b � 1 C�� I•- 'V til , I , 1 At O I', III _i. I t W II I � L-- ----- , I I \I 1 \\ _ 1 W Sao SEE SHEET IR2 POR LEGEND AND NOTES IRRIGATION PLAN-3B SOUTH 1 SHEET IRb FOR DRIP EMITTER SGHEWLE SCALE:1"=40' � � � O � x SHEET IR4 0 JOLENE J. RIECt K 184LAR SPACE C 7q�1VA7E 0"' - — - — - — - — -—— - — - — AMA DESIGNED BY z LYDESDAL ------ AMA DRAWN BY U) JJR z + CHECKED BY DATE 08/24/06 0 M 06013 PROJECT No. (L 06013_111i 2.dwQ FILE NO. + 0 cn k< 2 z 00, BA 4 3: 10 7 0 pq 0 c 09 :4 LU Eri w 0 0 -� BQUE-STRI--A-N- CFF- as 3,1 1\ F'i I lift V I T d"I I t T I I A IRRIGATION PLAN- EAST OPEN SPACE X SCALE:1"=40' O a E- SHEET 52=1 FOR LEGEND AND ES 41 T? 71■ DRIP i . 1 R SCHEDULE 0 0 0 0 0 0 0 0 0 0 0 •JOLENE J. RIECK =_ 184LAR = SYMBOL DRIPTTER SGHE}ULE-FOR TREES IN NON-IRRIGATED LAM ARPA9 ONL NAM W NAME EMITTERS FINISH ��SRAM DRIVEN ROTARY FINISH 6RADE/TOP OF MULCH ''�SCAN I I—III—III ,O .C E N s. _ , //lllllltltt" AGM ACER 61NNALA AMR MAPLE 3-1 SAL. -III—III I 1 III' III' III HEAD AS 5HOM TIE b'POP UP SPRAY HEAD IVAD III SKIN&PIPE;12-INCH LENGTH AP AGER PLATANOIDES'EMERALD QUEEN' EMERALD QUEEN MAPLE 2-2 GAL.,1-1 SAL. I—III—III I I I—I 1 IEEE—I I I—_I I.-TA—wev NOZZL JSTA9LE RADIUS NIOZZLE U AR A-ER RUBRUM'NORTHWOOD' NORTHWOOD MAPLE 2-2 SAL.,1-1 GAL. -III—III—I —I II- -III AMA a _ _ _ _ DESIGNED BY :i GM GRATAEGU5 X MORDENEN515 TOBA' TOBA HAWTHORN 3-I GAL. I—III—III I I I-1 I I—III- P6 PIGEA 6LAUGA DEN5ATA BLACK HILLS SPRUCE 2-2 OAL.,1-1 GAL. I ELBOW NET'X A90 INCH BARB AMA w I —III=1 I I—III—III— DRAWN BY o PM PRUNUS MAAGKII AMUR CHOKECHERRY 3-I GAL. I —III—III—I I W PIN PINUS NIGRA AUSTRUAN PINE 2-2 SAL.,1-1 SAL. SCH 80 UNITIZED PVC JJR III—III III Z PS PIM15 SYLVESTRIS SCOTCH PINE 2-2 GAL.,I-I GAL. —1 I I I SWING JOINT,12'LENGTH PT POPULOUS TREMULOIDES OUAKIN6 ASPEN 3-2 SAL. PVC SCH,�.�OR El-L CHECKED BY d 45•MAX. LATERAL OS/24/O6 O QM OUERCUS MACROCARPA BUR OAK 2-2 GAL.,1-1 SAL. IPCE PVC,LATERAL PIPE DATE Y SP SALIX PENTAN12RA LAUREL LEAF WILLOW ._ 3-2 GAL. K•MALE NPT X.490 INCH BARS 06013 a IQ TA TILIA AMERICANA'REDMOND' REDMOND LINDEN 2-2 GAL.,1-1 GAL. EI'8014 .. PROJECT NO. TO TILIA GORDATA'SREENSPIRE' SREENSPIRE LITTLELEAF LINDEN 2-2 GAL.,1-1 GAL. SC41 40 PVC,TEE 06013_IRR 2-dWg N UM ULMUS'MORTON GLOSSY' TRIUMPH ELM 2-2 6AL.,1-1 SAL. OR ELL FILE NO. ROTOR HEAD POP-UP SPRAY HEAD " 1 NOT TO SCALE NOT TO SCALE x 2 _LL A c-.0 n Q Zr2 z 93 :z oZo 5M'DBY WATERPROOF CONNECTORS OR EQUAL z m y RO B TANSUTAR VALVE 0 W-613 FINISH 6RACWTOP OF w d N 3 MULCH F 5 mo in o 3 PRESSURE REGULATING � n N v MODULE *&bm9o REMOTE CONTROL VALVE MODEL 4415 VALVE BOX AS PVC.5GF1 80 NIPPLE(CLOSE) AIR 4 VAGWM SPECIFIED RE-GTAN6ULAR VALVEPVC.SGH 40 ELL RELEE,ASE LINE SIZE SATE VALVE, BOX VALVE AS"SPECIFIED z PVC.SOH 60 NIPPLE(LENGTHAS REQURED) 2.,"„THREADED BLOCK O OF 4) NIPPLE,LINE SIZE00 2•X2•X2"SXSXRPr TEE INE SIZE BALL Ham-{ PVC SCH 60 NIPPLE(2-INCH VALVE,SEE LENGTH,HIDDEN)AND SCH 40 SCH 40 PVC UNION 4 SPECIFICATIONS ELL MAIN LINE PIPE 1--I PVC,SGH 40 TIM OR ELL ppp�o��C� MAIN LINE �1 z PVC LATERAL PIPE PVC.SOH 40 N1pJ„E ADAPTER _. .... . CONCRETE THRUST Soo�Op �FHD E- 60 PVC MAINLINE PIPE �-� 6"DEPTH WASHED°/4 ROCK Jj PVC,UNSc+EVIONS co � Cz-' �I ROCK TH,9/4,WA5HED o z c 3 ELECTRIC CONTROL VALVE AIR RELEASE VALVE ISOLATION BALL VALVE NOT TO SCALE -= NOT TO SCALE ��.1 ff NOT TO SCALE a WW�11 N J Q F- W 0 w tt a 3/4'PVC SOH 40 UNION FINISH 6RADE 5/4"PVC.SON 40 EL 0 OF 2) TAPE t BUNDLE ALL WIRTNG AT 10 FT'. BELECTRIC CONTROL VALVE INTERVALS.MAKE ALL SPLICES IN VALVE VALVE OX W/COVER IS BOXES$LOCATE ON A5-EUILT PLANS. TIE A LOOSE 20 FT.LOOP IN WIRINS AT W CONDUIT ALL GHAN6F5 IN DIRECTION GREATER DIRECT BURY / FINISH SRADE , SWTION THAT 30 DEGREES. UNTIE ALL LOOPS SECTION �^� FINISH SRADE AFTER MAKING CONNECTIONS. �` I 3/4•PVC.SOH 40 REDUCING MALE QUICK COUPLING VALVE IN A ROUND INSTALL ALL 1201/.WIRING IN CONDUIT. "MI ADAPTER 0 OF 2) OR REGTANSULAR VALVE BOX - PLACE ALL WIRING UNDER PAVEMENT AND Tg E-I SCHEDULE SO PVC THREAD I I—I I I—I THROUSH SLEEVES IN CONDUIT. LOOP PVC.PIPE TO DISCHARGE TO A W NIPPLES;LENGTH AS REQUIRED III III—III CONTRACTOR HAS THE OPTION TO $ 3 SINGLE RAINBIRD MAXI-PAW - W FTi _ -_► I 1=1 I 1-1 TRENCH OR PULL P.E.DRIP LATERAL 3 2O45A-5AM HEAD f--i z SCHEDULE 40 PVC. _ LINES,PROVIDED A MINIMUM GOVB2 NCH S•MIN.DEPTH OF 5/4 I WASHED U FIrnNTGs,TYPICAL III -1 I —III of 10'CAN BE 6UARANTT3=D. BRAva MAI DIRECT BUR;'PLAN _ z _ _ DE—I I I—I I I FINISH GRA FINISFINISHSRAM Q �? PIPE —III -I I -III—III ��,°° °° w III—III III—III I-1 I I—I I I— I tIII=1 11= III=1 I I=1 I - -1 I I=1 LATERAL 5/4 INCH PSG PIPE -INCH,LaGTT„ 1 SEDDI Y-FILT92 AM IN CONDUIT I P ALL IPE IRRIGATION MAIN LINE F NOTE, AUTOMATIC.FILTER KIT TS COMPRISED I-I/2'PVG SGH 40 MALE ADAPTER w l--1 -y FLANS OF Y-FILTER,REMOTE CONTROL VALVE,3/4" _ F-I UNION,(2)3/4•ELLS AND I"X3/4°REDUGINS MALE ADAPTER QUICK COUPLING VALVE 7 TRENCH & BEDDING Q AUTOMATIC FILTER KIT SHEET 6 NOT TO SCALE NOT TO SCALE V NOT TO SCALE JR6 0 0 0 0 0 0 0 0 O O Ci O C? O GE O JOLENE J. ' RIECK = 184LAR = b OF BENCH P� 5WING AWAY SPUN METAL TOP IVO. 0 OPENI 6 DES GNED BY Z TOP VIEW OF 22-1/2 .. AMA Lu U) BASEPLATE DRAWN BV o to JJR BARK'RECYCLED SLATS 1 5/4"DIAMETER CHECKED BY z STEEL TUBE ARM CHECKED g T4.15" 23.T5� 42 DATER/OB p 0 25 Y l� 52-3/I6" 0803 J � PROJECT NO. 06013 SD.dwg o - FILE NO. N U m 1-1/4"x 1-1/2" _ 4"THICK GUAL TO PAD; VERTICAL BOARDS LENGTH EQUAL BENCH 1- �+ LENGTH,BY 24"WIDE �1/41PIAIIMTR STEEL TUBE FRAME,POWDER- TOP �$ 6 COATEDO IVE 4"THICK CONCRETE 2 4"THICK,3/4"CRUSHED PAD(24"X 24"SQJ 5 3"STEEL F A 4"THICK,3/4"CRUSHED SURFACE HOLES Z <z z GRAVEL BASE GRAVEL BASE - SURFACE MOUNTING. - A y oa SIDE VIEW 6 1O3Q z�p 12:0- o =c�a� BACKED BENCH TRASH RECEPTACLE E— RZ 1 NOT TO SCALE NOT TO SCALE M Z 3 a 3 ' THIG EDGE 51DEWAL Ln PLAYGROUND EQUIPMENT SCHEDULE ✓Q '"' .. \\ SYMBOL OTY PRODUCT NAME/NUMBER MANUFACTURER A I GLACIER-ELES00005 KOMPAN _~ B I VE(5A-GXY 80IT KOMPAN (n H G I SPICA-GXY 21016 KOMPAN W CI] O J J D I SUPERNOVA-SKY 416 KOMPAN O MANUFACTURED BY. ,z KOMPAN INC. / TTI-I NEW MARKET STREET ` / • ♦ i OLYMPIA,WA g6501 1 (500)426-9168 [$] \ ® i' HHH.k0Mpan.C= 'FINAL EQUIPMENT SELECTION TO BE DETERMINED BY W N OWNER'S REPRESENTATIVE. F O J % NOTE: U H / I.PLAYGROUND MUST BE INSTALLED BY W TRASHA CPSI CERTIFIED CONTRACTOR pQ "JJ RECEPTACLE d EQUIPMENT SAFETY / ZONE,TYP. Q � E-1 6�LSN6 BENCH, ' � w 2 3 PLAYGROUND LAYOUT n SCALE:1"=10' w SHEET SD7 0 0 0 � 0 0 0 Q o 0 0 0 ------ ----- I 10 - �1B 1 2B3B 4B 5B 1 // // = �RI CK J. n y EQUESTRIAN LANE 1.32 "I I I 32s — — — 32 — — ���`� // = 84LAR c _ _:: 32 34.3 -- , 1 UE Fa,SP �G k STRIANI,AN _ DESIGNED BY AMA I; I \\ I { •- - - ,,, a a• a _ - 11 \ 4. _ w 31.1 NBY iJJR ,....-..BB ........... .. /. .. .... ...-. .' CHECKED BY d rt 4 4 DATE 08REV�/06 O I _ DATE � H. • •• \\ 4 1 1 �r o,.. t i t 10 / I // a '/ CT NO. IL i - __ - j •. \ ^ FILE NO.R ° 32 e' R 2dwg W � i a _ _ Ulu-Q.n� I v 1 I t a 34.1 IT m 1-5 266 I \ I \ o co - 9 r , 1 11A =- or.Ap .74 \ I �r {=- _ _- w \ r 9B �_,{\ ,, .• � �� I I ,�' :_��� { •: / � I 31.1 __- _ , '1{ --_ � � 18.7 �.�\ /jt�: r \ r W 32 7A { BA m - _ \ I l ICL 32 l 6A — �.• /? t c s•• I Nav 32 w., 4A I « \r 1 '' \ I �. '� ." _ /..f !' �' ';'` '' 'i• P �� � - it I n,0 , . 1 � 1, '' I - III Tf�', ^1= � i.• � : '• • =- -„.-____ - , - ? { '1 / // � OC � 1 {{1 ,i �I I I{ � j�L }IE / • II - 21.8 _ - - ° ,. • � - -'--_- - —_ I i.. „I. .. / I' - �QI l _ ll 2A r , - -- _ I IN I I I I I I I7. - F \ 1 rat. �� 1�, +i' t• / _ ° ti' Y �_ ---� — ..� w �I \ rll I --11 `� I "'�• .�, p - _ � _ �-r- -_ __- -- it _ - � ,� E J Q r p � a - • }l .,.!. t —-. __ • _ r '' A -- . ~ -- -_ —o _..-._- —...F t - ,, - , y i.+ o •� , - , +t _ O SHEET 4 19A 18A 17A 16A 95B 34B 33 3 31B 30 29 28 2 20 25 ,24B 23 R3 34 3 4.48 4.48 34.5 30.8 28.7 31.1 32 34.1 32 RB 7.54 7.54 4-48 4.48 xx 1/�1 1 IRRIGATION PLAN— MAIN PA ,\nI IR 1 SCALE:1"=40' SEE SHEET iR2 FOR LESEN AND NOTES s W SHEET IR6 FOR D DRIP EMITTER SCHEDULE O ® O O 4 O O O III Illi11111 I M `d0 ECK J. • ! II III 'I I I / I\ ^^...n .:..... III :::.; _^ I � . ._. �.. _. .. ---- --' --1— t,rt-- \ ❑ 184LAR = !Ili I D BE T,ANE A \ \ 1 I II I I I''I I l!I IrI'II,�--- 'I I IIII II�.,�IIIII IIIi/J 1II I11III.I III{II�II II,, t• \Aj�5�+&' uIIIIII III I I I IIII `` //////II_- !.i!�I�I. � I/_.�^ Ii, 1 -Ir' � I i!I\t\- z+3•1 ,•--a \1w �— .4_—�-r — 4,rr +3•r L �1 V A3M�A nmAaue�``��•r�u\cac U- i`I!11 1.I i II!1�I1I II I 1�1i I I!I.I'- III II'•I l IIJIIIIIIC!�!lIIIII.rIII J!`rI/II!lII J:>JIiII1 I III\ 3A5.VA-�i I i-. - ,- I ---_-----,-.---�v—--_—_.,•--/--/-- V�`, \\\\v. v•��w'\,�''. \\9I\�` ___ �_�_—v_—rf�C_L�_\t �_ + _I DDnErSE IG N_ E D W�BY =�3 Lu 0—Z DA34. _ AMA y 4 DRAWN BY _---�—__ JJR \ CHECKED BY 1 08124/06 } UESTRIAN LANE 06013140 31.3 -------- PROJECT NO. a.06013IRR 2_dwg cl f93 FILE NO- -- - � \ 2 GONt MAIN INE LOOP CONTINE MAIN TO HAR\PR P 0/1" TO WEST CORRIDOR(3/IR2 \ 2 SIR xLL O~YmN 1<<�JJ`I�e��I('��I!�:!'I.!I IjII I I!II1 IlIIIi1 I II!III I II II1 III'I/I I/1I I`lI'IIII I1III I I I I/IIII IIIIIIl I�IIII III1 Ij I I I III I II jII I I I I`--_- itiIIIIII IIIiIIIIIl lI1lIjIllI1IIII"I'lII�IIII!LI Ii�IIa1Il'IIII.✓V 1IIII III;I;IIOlIII�IliIII�IjI�++II(IIiIIl�I1 IIIIIIIII rI'l lI IIII!i III'IIU,.Il I I lj!I IIIII.,!I Il I l __\n•ler--e ---\- "(I\ \ \\\�A i\r"\—'�\..—i_—-_+'/\-,/ /_v,r a v/.\/_d _J./.-I-,--_,,• -- -f-i'-—..:.„,��.-:,: -'�`_,3 3^3.6A6 ._-�\..._---,•IiI_�_=�`_\_-_,..,•-.vJ,IIIIIIII -�_r _e-0-•0�-_1i�O I I3�\-3_\\-'\-P O-P�4/1 I�P�---11 �--\b-•\. III Y' -- ,+t -- -- -. ~ow W�-TV,zIIy � F-IHQOaOFw-+�"I OzAFrrFI -x�1 c^o�3 ^oaaN�. 3MW 37A zo � -- ___-D ----- _------ If 01 Z Do CT.)z. OI IfII III } - + -- T.04 I_ 3 GNU E MATCH 2/IR2- .1 33.66 IRRIGATION PLAN- BAXTER AND DANUBE IRRIGATION PLAN-WEST CORRIDOR SCALE:1=40' SCALE:1=10' a < IRRISATION LEGEND SYMBOL DESR SIZE MAN1F. MODEL a � AMPP-5- .15RGS,I5LG5,q T �1% PoP4P ROTOR HEADS RAINBIRD 5505-W-2,4.6,&a 40ps] ELECTRIC CONTROL VALVE ",-I/2" RAINBIRD 100/150-PE5B-PRS-D-NP W 6 � UP TO 25 GPM OR APPROVED EQUAL� 'I/2'UP TO 95 GPM(O—————— - P U/ DRIP ZONE CONTROL VALVE I- RAIN3IRD XGZ-100 Pffi(GOM)WIRBY�:PSI- 0X-100 Z _ — _ _ _ OR APPROVD EQUAL ^ I RAINBIRD 44 NP OR APPROVED EQUAL COIPR VALVE O 0�3 MANUAL ISOLATION ALE LINE SIZE SPEARS 222 OR APPROVED EQAL �E- LE � ZCONT20R D CONTROLLER B 36 STATION ESP-36MG WITH PD-DDI6 CONTROLLER G 36 STATION ESP-36MG W ITH FED-MI6 AIR EEAE VALVE I-12" B -t 5 OR APPROVED EQUAL WJ u MAIN LINE DRAIN 3/4' N/A SEE DETAIL 4/IR4 LATERAL LINE AS INDICATED SCHEDULE 40 PVG MAINLINE SCHEDULE 40 PVG W0IRRIGATION PLAN- HARPER PUCKETT SLEEVE LINES 6.OR AS NOTED SCHEDULE 40 PVG SCALE:1=40' — — —DRIP LINES CLASS 160 POLYETHYLENE �q3 -c NO SYMBOL DRIP EMITTERS 1-0,2.0&PH RAIHBIRD XB-IO,20 SHEET LINE SIZE PIPE GAP 4 DRAIN ZONESTATON NUMBER IP ZONE STATION NUMBER7A CONTROLLER LETTER DRROLLER LETTER. O+lI till $� cccOn o/J 29.6 SALLONS PER MINUTE(6f") 60 GALLONS FER HOUR(GPFU - a 15_NOZZLE NUMBER DETAIL NUMBER I R 2 0—IRRIGATION WAD �,2 SHEET NUMBER ` SITE FURNITURE SCHEDULE JOLENE J ' RIECK ' 184LA R SYMBOL OTY PRODUCT NAME/ FINISH MOUNT SUPPORTVENDOR 'q'�"OS C j�.`i a"\`\�• \ pHA58 ' 11j111d fl I ? - Sg9�_ ' c,PE pay\\\\ II t 1lld 1 Q i A 3 ARGATA BACKED $ARW POLYSITE SEAT; 5URFAGE MOUNT V II p Illld III / y _I - - `� BENCH OLIVE POWDER COATING \\\ V I •- \ \ 1 \ I1 1!hIl I !+III I I �I W •__ -_ _ - B 1 GRETCHEN TRASH 'BARK'POLYSITE SLATS, N/A AMA RECEPTACLE OLIVE PODE OATIN\ O- DESIGNED BY Z (51DE-0PENEINs) W id I t) AMA ch 04 DRAWN BY ❑ ---- ' - -- JJR ? -- ii 11 1 I I I 1 \ n 6 ro 0 CONTAGT.PT M 61SH O VENDEQUIOR OP.FABRIGAT MAY BE ATTECD AGGORD M 0 VENDOR: CHECKED a EQUES LANEI 11j1 I / — i— _` : 431 LAWNDALE AVENUE DETAILS AND SPECIFICATIONS. E- \. KALAMAZOO,MI 4110443 DATE dJ (600)521-2546 06013 Y 0- PROJECT NO. a \ j', \,� ^ ,III '"""' •...,, _ 1� •ALL PROPRIETARY SPEGIFIGATIONS ARE SUBJECT TO APPROVED EQUAL. <n FILE NO. dwg N i _ \\� l,I� \ \• -------------------� o x I " 6'WIDE CONCRETE WALK IIJ aza <�So 01 / / V WIDE _ OEM: GRAVEL TRAIL � �m3 WIDE GRAVEL TRAIL \��\ t\\• \\ ` / /// /// I �06• a L 14w\ V ���v � D6 / - _ _ ...._ 6RAVE1\TRgDIL II I IIyi�\1 ~ \ /I \• 4' LE50lNRg1ANHDE BRIr �/ 11 I/ Q \ - II DEVELOPER INSTALLED ` \\'• `. .. .. '•\ 11 V i 1 !\\.. a,WIDE h GRAVEL TRAIL / O << VNDE FED� A17�—__ I - W 11111 1 1 8'WIDE \\\BR1D6E DEVELOPER ` I4-" \ \ \IIIIlllll\11\\ GRAVEL TRAIL INSTALLED \ \\\ \ ` "'\.,� \ // I / r�••--II O ` _ 4� II{11`.1 ��\\ _ _ \\\\ gyp, \ iU /✓_ W �— � �9 �____ 11 1 1 II lilt 1 i �\'1\ I 1 /I \ `_-------' ODD \ � w I 1 1 \\ I � 1 I111j1 GRAVEL\ IL ,1/! ��� / _ \1 � \\ ���� \\ � - \\ p X LU 1U IJ11! / / \1 _ Q; !! / / 11\ ' 1 6'w1DE CONOVTE WALK . \ /� \ \\ a ' I 1 1 1 I 11 jll II Ililld lilt', /.7j'\A I /!1 \\ ' / I _ II111 \\'!(1 i' 4 THICKENED r� CONCRETE WALK •,\\ \ \ / ,;\ �� / i ,!IIIII REC_ / \ 1 1 1 \ IIIII� imp r AGLE. -� \\\�' / 1 1 1 � fd I_ t• \ _ � �I \\ \\ \\ \ \\ III Ilifi IIIf\ �`/7 —1 ! ✓ / C _ �� ��`��C\.—\ / / _ --------�— ' I ,III \ / �;' � '\ \\• \ r / \ \ \ \1 II I ql dll l \ / . � 1 l\ � / \\ /J10 uul+ ' �WIDe'cQ RED , �\ -------__- •\`1 \` `/�' �uE�'rRA1L /^ /---- _N Ill 21 — - — — _ LU —�a- -z= SHEET------ ------- ------- -- --- -- ----- -- -- ----- ----- ------------------- ---- ----- -- — ------------ ------- 777 ` J i TRAILS LAYOUT PLAN- MAIN PARK SCALE:V=50' M SD4 o o 0 uv o © o 0 0 0 0 0 © 0 0 JOLENE J. - - - 1j111{ 184LAR SITE FURNITURE SCHEDULE II \ I1G 7�I / / / �,PEn,Apo\ 10' 7 SYMBOL UCTNAME/ FINISH MOUNT SUPPORT lit 111�IIIl /� I 1 //' / i .-.•/// A I ARG B NCH KW OLIVE POWDER COATING SURFACE MOUNT AMA d // AMA DESIGNED BY w h111\ / y / I - B O 6RETCHEN TRASH 'BARK'POLYSITE SLATS, WA 1141 1 II / / { / _ ( _ / RECEPTACLE OLIVE POWDER COATING w 111111 DRAWN BY Z / JJR 1 \ \\ G \ \ \ I 11 1 H'HID Fy VEL /' / / _ •� CHECKED BY tIlvl. lI: TRAY // I // I _ VENvoR: 1 06/16/06 0 I I I / m LANDSGAPEFORMS EQUIPMENT MAY BE PURCHASED FROM DATE r �1111111 / // `�� i CONTACT:TIM 615H VENDOR OR FABRICATED ACCORDING TO Y { 1( 1 I I / 451 LAWNDALE AVENUE DETAILS AND SPECIFICATIONS. 06013 II / \— \ 1 I \\ 1 II III 11 Ill I / I � % _ \ AZOO MI 49042j PROJECT NO_ 11111'�\o \ \ II `+I III 1 ,III / I / / /' 06013 SD.dwg w \ \ \ (fJII ,III1 1111 - /i — i �,i ALL PROPRIETARY SPEGIFIGATIONS ARE SUB.IEGT 70 APPROVED EQUAL. LE NO,11IIlll.Il ' o4 =sago ��u co &Yahl? Z gzas �O2�o 1620 '- -A_-- I �0: 3 Ill 11 11 11 \\ \ 1\ \\ \\ \\ 1\ \\ 1 II+ j1 I O _ - ul) 1 — . _ . — . — . — . — . — _ 1 1 1 1 1 �0 1 1 l 1 \ ✓ //I 1 III - _ ._ _ - - ----- {I ---- -r- /------' r-----I I U) 1 1 1 \ \ 1 1 1 \: •I, 1• \ \ /� \I% �.'1111 Y I d _ -.a�N+DE I I I W C/) O 6RAVELTRAILi STRIAN BRIDGE \I 1 1 1 1 T \ A I C� O ri OPER INSTALLED I G I I _ FUTU*TRAIL 00 rloN � L= d _ L----J 1 d - _IABPIce HAL-T T1IAIL ` --.------- — 1 J �V It �\ _ \ 4\ •` � I 1 � I r\ II I 0 c \ \ \ \ \\ \\ \ {I ' \•. \� ., �'' �1�. �`�1 ILI 10'WIDE ASPHALT TRAIL - O '1 / 1111IIp: 1 1 1 go i \\\ \\ \\ \\\ 11 j \ v+,►9ee� i 1 I101u 0 1.111/ 1 1 r I, 1 \ ! \' \\ ! \\ `I10II• \\ ',, \� a II II\11�I I 1 pd I I -- w to 1 I I I \1 \ \ EQLTEST �VE" SHEET 1 TRAILS LAYOUT PLAN-NORTH \\� SCALE:1"=50' ■ - SD 5 a o 0 0 0 o ca 0 O 0 O O © O O O \\\o11a ugrr�� LIGHT BROOM FIN15H ` S\?:£'•�:�W F-XPAN51ON JOINT, JOLENE J. 3/8 BI'N" MINOU5,RECESS AND _ '• CAULK. SEE PLAN FOR = RIECK LOCATIONS,30'O.G.MAX. 184LAR - CONTROL JOINT,3/8'DEPTH, A905HOWNON PLANS GTLY ~os�4p E•N pa`;\W��` ��rrrl Elll111\\\\ MIN I%SLOPE ASPHALT PAVING;2.5"SECTION M.P.W.5.5. U TO DRAIN _ 57D.SPECIFICATIONS;SLOPE SURFAG£ TOPSOIL FINISH 2%MIN.TO DRAIN;FOR WIDTH SEE GRADE TO SLOPE AMA �- �p LAYOUT PLANS AWAY FROM TRAIL 8,_O" DESIGNED BY 2 PLAYGROUND 5URFACIN6 (7 Q ° WATER AND<� ..,Q 2%CROSS SLOPE SURFACE TO SMOOTH #5 REBAR,CONTINUOUS DRAWN BY In -I I�I I I-I 11: III-III -1 H 1 _ _ SLOPE MIN. OR CROWN I— I�=1 I h III III I I ,p_ _I� 12:1 FOR 6'-O" SEAI-I `-W JJR Z COMPACTED SUBGRADE 3/4"MINUS GRAVEL BASE, _ _ g' Kim CHECKED BY d q5%PROCTOR DENSITY FIBERMESH =I I-III=III—I I II �` -p 06/16/06 p SLOPE SUB6RADE TO DRAIN REINFORCED CONCRETE 111-1 —I 1 I7�I - -1I I-I 1[ 1- q°DEPTH,I I/2"MINUS CRUSHED \ ry DATE I 1=1 I=1 BASE COURSE,COMPACTED TO \\_ Y NOS, -15%PROCTOR DENSITY 6"DEPTH 3/8"MINUS UNDISNRBED SUBGRADE- 06013 I¢ I.PROVIDE URETHANE CAULK OVER ALL RECESSED EXPANSION LOCALLY AVAILABLE FILL5 COMPACTED TO q5% / 4"DEPTH COMPACTED PROJECT NO. d JOINTS,TYPICAL,'511KA FLEX SELF-LEVELING A-I'ALUMINUM SUBGRADE TO BE COMPACTED NON SPEC.ROAD MIX PROCTOR DENSITY 8" GRAVEL BASE,5/4"MINUS 06013 SD-dWg R, p DOLO OR EQUAL. TO-15%PROCTOR DENSITY; nl 2.SIDEWALK CONSTRUCTION SHALL COMPLY WITH CITY OF BOZEMAN EXCAVATE FOR TRAIL 12.5" FILE NO_ U 51PEKALK POLICY. CONCRETE SIDEWALK ASPHALT TRAIL GRAVEL TRAIL THICKENED EDGE SIDEWALK ul NOT TO SCALE NOT TO SCALE NOT TO SCALE NOT TO SCALE Q --R-oo Z �Szrg az�o F4 'm�°a �w q � WHITE SYMBOL WITH DARK o BLUE BACKGROUND AS PER C' N 3 ANSI 4.28 WHITE"RESERVED FOR WQ M �N HANDICAPPED ON DARK BLUE BACKGROUND LOCALLY AVAILABLE WHITE"VAN ACCESSIBLE"ON BOULDERS,BURYJ3 OF DARK BLUE BACKGROUND DIAMETER BELOW THE 7 m 2"VIA.GALVANIZED STEEL 2'MIN.-3'MAX SURFACEASPHALT PAVING AS PIPE IN PIPE SLEEVE W/CITY OF BOZEMAN PMOD MODIFICATIONS. O SLOPE TOP OF FOOTING DOWN TO FINISH 6RADE - m ~ �/ �B' 6'X 18"VERTICAL 7, 12"DIA.CONCRETE FOOTING 6' CURB 1--I z 5• I� I"MINUS WASHED ROOK 8 /��//�� //��/ //��//��//��// 2%< z`I - 16, ! m ul O • 2.ONE IGN PER ON IAGGETHIN 95 BLE�L \�/ / / / //� \ \ / / / / BOTTOM OF CURB — I— _ — 111= 1= CRUSHED GRAVEL BASE s• STALL. \ \/\/\/\/\/\/�\/�\/�\/�\/�\/�\/�\/�\/�\/�\ LINE I II I 1=I II 1 I-I/2"MINUS (!] 1=1 I I- PIT RUN(b"MINUS) �1 O SUBORADE TO BE COMPACTED 1`�41 12"* NOTE' TO-15%PROCTOR DENSITY; I.PROVIDE TRUNCATED DOMES A5 PER ADA REQUIREMENTS SLOPE TO DRAIN MINIMUM 1% 1-1 FYI �I AND A5 OUTLINED IN CITY OF BOZEMAN STANDARDS. W �I ADA PARKING SIGNAGE BOULDER PLACEMENT �] ACCESSIBLE RAMP Q ASPHALT PAVING _ j N 5 SCALE:1/2"=1'0" NOT'f0 SCALE SCALE: =V-0" lJ O NOT TO SCALE r W w x a W_ W Q W H rm x U3 SHEET SD6 0 © 0 0 0 0 0 0 ••JOLENE J. RIECK I1/ /io 11 �^` �- �- \\ / � ' �<� I I \• \\�� , v�. F;�••'o�J *m I I I 1`1 f J \\ /,Dos.CENs.�` o AMA a DESIGNED BY 2� T 1 // / /, �`\� AMA w 1 DRAWN BY 0 \r I / / ,// \ �� \♦ \ JJR Z ,1 1RIMI I \ \\ \\ CHECKED BY g 06/16/06 0 DATE 06013 LLI \\ / \' I I �../ Q / /- 1 ,� •\\\ \\ '\ 06013_SD_dwg 42 / / \\ \\ FILE NO_ U 171, < 411 7c*1 __ .3z a 0 60OF r \ W aoe�o,u .10 ,/ G >u+x"�aa E+ �z� s I 1 / his // , , S I I 11K 45.1 / b3 O ry 12.00 90 \ O 'I2"HDPE'PIeE F --- 1 Db ^ N LA ENIST �� // SDIDEYJALK 3N%kR j -----� I--1 8,100 \ ( _ •. . 1250 / / to c'� O Z. \ \.\\\\ / — \1 . a4 ` ^ i 26.g5 56.00 14:T0 O __ 240 \ _ - =`EJ 0 E E N= --------------BAXT-ER LANE _ - ---- - __BAXTER LANE W ^ _ _ ___ ir -------------_-_--_----- -_------------ _- _-_- _- _-_-_- - _-_-_- - _- _ _-_-_-_--_-_-_-_-_-- _- -__—_- _-_-_-_-_- --- _ -=_— -- a -------------------'/ �� -- - ------------------ ----_--- _----_------ ----------------------- ----- IIM fr------------------------------------------------------------------------------------------- - ----- - --- -c--- -------------------------------------------------------------------------------------- — ---- I�III /to fit it Illi �ir / �r - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - O 1NOTES ..CONTRACTOR TO VERIFY THE LOCATIONS OF ALL UTILITIES PRIOR TO THE START a SITE LAYOUT PLAN OF WORK.ANY DAMAGE BY CONSTRUCTION OPERATIONS TO UTILITIES IS REPAIRED 1 AT THE CONTRACTOR'S EXPENSE. 2. NO WATER OR 5EWER LINES EXIST WITHIN ANY OF THE PARK OR OPEN SPACE (n AREAS. w J 5. ALL DIMENSIONS ARE IN FEET. w 4.ALL DIMENSIONS ARE TO THE BACK OF CURB(Be-)UNLESS OTHERWISE NOTED = (FC= FRONT OF CURB). rn S.SEE SHEET SD2 FOR CRAVE ELEVATIONS. SHEET 6.MATCH CRADE5 TO EXISTING IMPROVEMENTS.MAXIMUM SLOPE 15 5:1,MINIMUM SLOPE IS 1 PERCENT. 9.PROVIDE CURB AND CUTTER ACCORDING TO CITY OF BOZEMAN SPECIFICATIONS.SEE DRAWING 1a02526-1 FOR GRAPHIC DETAIL. SD 1 ® O O O O O Q 0 0 0 0 0 0 0 0 0 ••JO LENE ECK J••• _ M I I`r �i� 1 1 �� = 184LAR I . ' r1• �� 1 \ JJR a- ! DESIGNED BY z AMA w DRAWN BY 0 \\ \\ \ CHECKED BY aJ EL 06/16/06 DATE 06013 LLJ / PROJECT NO. � II \\\ \\ \ 06013_SD2 0 / / FILE NO. U 95.41 79 IR4A4 TS 45.44 BS W E-ado ^L? 11 j I 75 TS / \ i� ♦/ z >a b� I / I 44.-It TS 94.9``/6 44.75 T5 qq \ i ' \ yry s+��3 / 1 98.41 B5 95/Qf B5 \l TK/TS — �' ♦/ Qi 3 a Z S 0 q4 94.594.07 TS " INV IN 90.49 /, ��a77 yzddddm� .� �" — 6 6 94.57 TY`LTS 925&TS INV OUT .4}� I //♦ 0 I 6 sas / 92 I / 95.25 T5 94b9 T5L-471-T i 4483 TO COS&Ts 41 TG .91 BG i '♦ W \ , 4 2�TS i \,__ 92.I2 TG / � `�— � / 45.27 TA 2% 2%— i4Y TTG / / �\�\ _ ._--- ————— I--I i •�� i 94 qlbt Tel •) 1— �o"/l i / `— .,J� 43'4D'fP — 43 92.08 TG ME fFB.l35 ME — / — (f j cnun O �• W � � ---' - v ————— --- --------__ -___— ---- ---- ------__ - _--- -_ _ '� ------------------------, ----------- ' BAXTER LANE - --- W N -------- - - - - - - - - _ ______ _____________________ _ ___ __-==__==-___==__==_ __-==-__ -----=---___- ----_==----_--________ - -- - =-- -------- LU ------ --------------------------- - �r' ---------------------- _ __________________________________________________________________________-------_—_—_—_—__--_---------------------------- a "— _ =______---__------_---- ---- - ---__-- -----___,--------------------------- _--__ -------F- „—--- Ilhl 6RADIN6 LEGEND NNTRAGTO G R TO VERIFY EXI5TIN&GONDITION5 PRIOR TO BC- OF CURB GRADING PLAN GOMMENCIN&SITE WORK.IMMEDIATELY NOTIFY OINNER'S TG-TOOPP O OF F CURB 1 SCALE:1"=20' REPRESENTATIVE OF ANY DISGREPANGIE5. Z 65- BOTTOM OF 51DEKALK 2.CONTRACTOR TO VERIFY WITH OWNER THE LOCATION OF TS-TOP OF 51DEWALK BENCHMARK 5URVEYS. V--I TA- TOP OF ASPHALT TVA- TOP OF WALL ME- MATCH EXISTING FC-FIN15H GRADE w INV-INVERT ELEVATION �J x SHEET SD2 O 4 O O O © 4 Q OF I '' IIII ir IIII 11 h I I / 1 1_ l j 1 \\ \ \\ \\ \ / "\ �1 JOLENE J. 184LAR 2 14111111 I I PHA4E36 / vL"ll -\ --\ �- \ �- - \ \ ----- -- 1 --\-- -- \- 1--1- - \ -- --- --0�0' 1. \\`\I1I III I``II III �� \ 1 \\--- \ \ \ ` / \ ,l•• �i- SITE FURNITURE SGHEDULE ��cinEnuita�`"� III III 1 I SYMBOL Q7Y PRODUCT NAME/ FINISH MOUNT SUPPORT AMAA I ARCATA BACKED 'BARK'POLY5ITE SEAT; SURFACE MOUNTBENCH OLIVE POWDER GOATIN6 DESIGNED BY 2 AMA W\ \ lB O ORETGHEN TRASH 'BARK'POLY5ITE SLATS; WA DRAWN BY O / ( \ \ \ \ \ \ \ _ I \III4 1 \ RECEPTACLE OLIVE POWDER COATING zr_-`` \ \ (SIDE-0PENEIN6) JJR Z--- \ \ \ CHECKED BY I ( II 10' II \ \ \ \ I \ l \IIo ---- 06/16/06 0 aPEFoiziH DATE 1„ D5G 5 2 EQUIPMENT MAY BE PURCHASED FROM Y Z. I 0 I(I IIII IIfII1I \ $ ULSTRIAN LANE' I b �, 1 ,' �,. \ 1_, .. \ V A '_.--. r ...I I I L.. 1 .._E LrES )•AN)..ANE. _�... _ `._ A. CONTACT:ATIML AVE VENDOR OR FABRICATED ONS. '71N6 70 06OJE I� _ II III l Q , / _ /.. .. .,.. �. . , \ ........,.I. .,.,1.•s...,�..v ,.,.._ r .L. .,..t....,. }�-�C .. .\,.,. _.. .,.�,...:... ,.. 431 LAWNDALE AVENUE DETAILS AND SPECIFICATIONS. PROJECT NO. a 141 IIII + � I \ KALAMAZOO,MI k904H iE-OL --1'—i-T, \_7 _.,�<-- - .dw9 8 -_ ....`.-1—�--3--# _.',_. -- -;-_-1- 4—�1-- — _ iT— -- -----\-�- (800)5�I-0546 _. � ) 1 10 � 016013oSALL PROPRIETARY SPECIFICATIONS ARE 5UBJECT TO APPROVED EQUAL. loj � - .. I I \ \ \ 1 r I 1 1 1 I_ I! ��l�L/ I , colWr,o l, TRAILNores+ i IMRIFYALLTS 37t--\ _-_ _-- --_ --_---- I _ --- f -_--I --------� I 2. WNERIL i'ROVIDE TAPKION60F GOENTER LINES OFOALL TRAILS. ENT TO PARK--- \ --- --- / J �i0: o 3.FIELD VERIFY WITH OWNER ALL 51TE FURNITURE LOCATIONS AND QUANTITIE5. Z a 4.VERIFY THE LOCATIONS OF ALL UTILITIES.IMEDIATELY REPORT ANY Vj 'O_N3 'iOI I. .,...j j \ DESGREPANGIES TO THE OWNER'S REPRESENTATIVE. ^,.fy ��°O�3 WQ I II I I I �• I 5.COORDINATE IRRIGATION SLEEVE LOCATIONS AND INSTALL PRIOR TO THE _. PLACEMENT OF TRAIL SURFACING. 8'WIDE AST TRAIL \ \ f 1 I I l illy IIIII ? -- / -- / 1 - I--.._ ..... _ y 1' 1�. -- 10 AT— 1 lll�� IIIII�jl 1\ \\\ � ! j I j I I \\ ���� �� I• , � � �i � I� IIIII jl I I1ry� - III I( \ �\ // i q III II \ \ / 6RAVEL TRAIL 0. IIII � � � � � �\\/�.r / /<`_ / • II\\ \ \ \ r.� I 1 III / II I \ �� // /^"�//'/ ``� / / / +. 1 8'WIDE6 TRAIL //...\..,� 1. 6� III I / ! / 0 \'.,,. Lo I \ / 1 • I O IIIII / \vim � %1 I I IIII �rn ------ - - -------- j0 -1-- I !, a- LU �P — — ——— — — — — — L �....-. - > MET SHEET _— __ --L —}—�/= - - -=— " =— — - - — - _ _�—� - -- __-- =y-= --- - ---- - ---- - --- - - ---_-- - - -- - -- -- �_ TRAILS LAYOUT PLAN SCALE:1"=50' SD3 e March 8, 2006 Robin Sullivan Clerk of the Commission City of Bozeman PO Box 1230 Bozeman, MT 59771-1230 RE. Baxter Meadows Sub-Phases 3A and 3B SILD Dear Ms. Sullivan: Please review the attached SILD request submitted by PC Development on behalf of Baxter Meadows West, LLC. The undersigned being one hundred percent (100%) of the owners of the real property as shown on Exhibit A. Baxter Meadows Planned Unit Development Phase 3 Special Improvement Lighting • District, located in the City of Bozeman, Gallatin County, and the State of Montana, petition this Commission,pursuant to its Special Improvement Lighting District Policy,and pursuant to applicable provisions of State law,to create a Special Improvement Lighting District for the purpose of making lighting improvements described herein. The following information is provided: 1. Number/Type of Lighting Fixtures: Number: Type: 3 175-MH-DMS50-SG3-V-OMIA-SM6F-20-BKTX(175 Watt _petal halide) 12 100-MH-DMS50-SG3-V-OMIA-SM6F-18-BKTX (100 Watt metal halide) 12 70-MH-DMS50-SG1-V-OMIA-SM6F-18-BKTX (70 Watt metal halide) 2. Number/Type/Height of Poles Number: Type: Height: Finish: 3 SM617 20' BKTX 24 SM617 18, BKTX 3985 Valley Commons Drive Bozeman,MT 59718 (406)586-9922 • FAX(406)586-9921 • • 3. Electrical/Maintenance cost per fixture per month: 175-MH-DMS50-SG3-V-OMIA-SM6F-20-BKTX $41.58/light x 3 = $124.74 100-MH-DMS50-SG3-V-OMIA-SM6F-18-BKTX $39.05/light x 12 = $468.60 70-MH-DMS50-SG1-V-OMIA-SM6F-18-BKTX $38.13/light x 12 =$457.56 4. Total Square Footage of the area to be assessed (to be prepared by applicant's engineer): 32.55 acres 5. Exhibit"A", a map showing the boundaries of the district and the location of lights. Include street names and the lot boundaries and lot numbers(i.e., Lot 1, Block 1). Do not show the square footage of lots. See Exhibit A attached. 6. Exhibit `B", legal description of the boundary of the district. See Exhibit B attached. 7. Exhibit "C", a list of the property owners and their addresses of all properties withing the • district. Includes contracts for deeds and anyone with interest in the property. See Exhibit C attached. Please place the Petition on the City Commission agenda as soon as possible. If you have any questions, please contact us. Sincerely, Harley Huestis, PE PC Development Exhibits Exhibit A- Boundary Map, Light Locations Exhibit B - Legal Description of the Property Exhibit C - Property Owners List Attachments • Street Lighting and Pole Base Detail Lightning Vendor - Cut Sheets I • Exhibit A Street Lighting Plan Map • • D C.U.I. TO C.O.S.N0.233.NO S N0.2 • N89'52'08'E 1080.32' Nr DocuMENr FOUND c.o. I OPEN SPACE BLOCK 1,�, LEGEND BLOCK 9 I° I I I A B SYMBOL LOCATION TOTAL TYPE CATALOG ARM HEADS HEIGHT CONFlG. I I "• I $ OPEN SP CEI I PLAT BAXTER MEADO'NS TRACT ggXiE LAMP FlXT. LENS ARM POLE/HT. FIN. 1 2 3 4 5 6 I �pdASE UNE(TYP.) �1� SUAMEMEo B MSION P.u.D•PHASE t TRACT SENSED PHASE t �A BAXTER LANE 3 Pt 175MH-DMS50-SC3-V-OMIA-SM6F-20-BKTX p' 1 20' STAGGERED fff UD E SUBDIVI I I 8 I I STORM DRAINAGE EASEMENT @EDB RIATA.RD., 12 P1 IOOMH-DMS50-SG3-V-OMIA-SM6F-18-BKTX 2' 1 17.5' STAGGERED $I I I J2103139 KIMBERWICKE ST., 701.03' 1 TI EQUESTRIAN LN. N90oo•oot L.1ze.4s' x9 I � I I N89'S2'48'E 739.38' C1 S78'08'OI SEWER s wA �— — --'"—F-15SO,b6�^K) W1CKE yys� CII 130. &ACCESS 1REET s1.43' so9.xs' 4q' C RIATA RD., "A"LN., 18 P1 70MH-DMS50-SGI-V-OMIA-SM6F-18-BKTX 2' 1 17.5' STAGGERED t53.4x' C13 sasos3s — L-.3.87- _ _ essx E KIMBERWICKESTRE ssssx°ew L"a1.38' C2 N89'41'57'E 222.69' Doc./210314 :01 •tom s78• _ '8"LN., 'C"DR., °�--- I C14 52.05 �— — _ — —8 — c YzaT1—es'— —Nesat's7t KIMBE 'E" DR., 'F"WAY I — I B 1 g ---1 — --11 5.00' c10 z2xs9' _ °STREEI I 1 2 3 n 4 5 I oNl 3 1 , I I , 7 I �D HARPER PUCKETT 7 PI 250 MH - SEE ATTACHED SPECIFICATIONS 1 35' a 1 I I d OP ACE p 5 •3g• S89'51'31'W 316.59' 5.53' UTILITY�ASEMENT)� I I m , i i I 1 6 N26'51'S37' BLOCK 10 0 I I I I i 10 I 1 / 21'w OPEN SPACE LIGHTING IMPROVEMENTS DISTRICT BOUNDARY �m 60' I eo o^ N9voo aoE `" i 1 6 PRIVATE OPEN SPACE PHA5E BOUNDARY LINE ————— ———— ———— — ———) w 2 1 j I I li 1 I FJORD COURT. p 6 7 8 In• 9 10 11 1 12 I 11 1 I I Irti , I I 9 I D j 3 m I o I �cl 3 I I I„ Fl 2I tz"A"LAN ' N9y00'OD E70C 1 310 14 4 I I I134 1 2 3 a 4 5 6 4 I { PRIVATEOPENSPACE C N OIL— BLOCK 115 la 1 �J89'S6 15'E —570.69= CLYDESDgLE COURT o———— ---- ---- ---- --- ---- - ai O 5 _ — N9vooao _ _ I 1 1 I 1F RT 0 10 rn I W I ——— ——— ——— ———— ——— -- --- -- 1 I I I It o II on l mSou—III 10 ywcI ^ ig C < Il 0 6 I 7 8 9 12 13 14 l0I 8 1II I LOT 2 D I = C PACE' { 2A 625.41' �ORVIOUS BOUNDARY I 1 u 8 P.U•D�PEE C "B"LANE N9000'001 OF 2 MrAnows SU — ' DER 16 13 7 C 6 7 4I 71 3 1 I 8 8 t 1 11 II �I 17 1 14 i OPEN SPACE e•t I o .j 5 E1119 12 13 COUR914 15 16 , I 1815IT h D I BLOCK 1 i i I I 1 16 — 3 4 o °�----� 1 I 1 17 97' 18 Z I7x. I 698.01' J N9O0o•00-E —EQUESTRIAN LANE _ — IW1200'E _ —`. EOUESTRIA— L-60,sz. I 59Voo'oo'E _tse.oe 1 400.02 2 c3i �sn PRIVATE OPEN 1 y SPACE A I I 4 o m• e I xsa.a s�ezaosq I 1 13 1 2 3 �i 5 8 7 B 1 I \ B S78'23'0 1 BOCK 1 128.6.55E C 690-0o00 — — _ I 5 I ————— -- ——— ——— ----- —_— -------- 14 n^ t oon 11 D I \ 9 10 SI 12 13 14 15 18 I G,��B@• o I I i _ ��\. / N89.41'46 240V3'. — jC "C"DRIVE 607.54' C I I \ \ �� \ \ 1 t5 10 —� — — — ,1 R� S: '1�%� OPEN SPACE c 4 — N9v00'OOY LITILIIY EASE"911E \ " \ 367.54• 180.00' (1YP.) 1 p0 \ \ I .' a( 'J I o \\ $ EN SPACE w I = .( �7 " yOG m i' .1� \\ \ '•\ I8 �� I u19 I \\ \ 5 e 7 6 0�---- BLOCK 16 o I° $tiOC \�\\�\ \ 17 \ \\ I 60' \\ , 9 1 2 I Iw 3 \ I I \\\� \. . .\ � �\ 1 \ \\\ pxaso1. 18 0 8 \ BLOCK 15 1 I 1 I `PREVIOUS BOUNDARY /) . PUBUC STREET EASEMENT , ——————— ———— ———— -- .p bJGJ I I OF LOT 1A L\\—���\ qrq \ D DOG.j2103143(C) 1 I I I ._ NORTH EN SPACE 1 C2• —' w 1 O•� C I 2 i i PARK _ \I\ :\i\ C 19 \\ I m 7 589'46'37 10 632.51' I qY • II J I o I 11 I 1" 1 1 I I EUNEA7ED WETLANDS , /\\\\\\\ \ I N 6 :i BOOK 148 T _ , 12 I o I8 I I I DELINEATED WETLANDS—\\/ 20 I TRAC752202 0 1 I $ I I I —50'SETBACK FROM \\\\. I BAXTER MEADOWS PHASE III C.O.S.NO. PAGE 207 PLAT N = WATERCOURSE/wERAI4D ———————— ————— I A I ' — — — — a — — — — — aP _ eJ STREET LIGHT PLAN — — — — — — — 9"W 1 9 9 2.7 7' .................................................................. 50' S0.00'STREET DEDICATION BAXTER LANE — — — — — — — SCALE: 1 11= 200' UPDATED: 8-31-06 • Exhibit B Phase III Legal Description A parcel of land being Lots 1 and 2, Block 7 of the Final Plat of Baxter Meadows Subdivision P.U.D. Phase 1 and Tract IA of the Amended Plat of Baxter Meadows Subdivision, P.U.D. Phase 1, Tract 1, all located in the Southwest Quarter of Section 34, Township 1 South, Range 5 East, P.M.M., City of Bozeman, Gallatin County, Montana, and being more particularly described as follows: Commencing at the west quarter corner of said Section 34;thence South 00°24'37" West, along the west line of said section, a distance of 665.78 feet to the northwest corner of Tract 1 A and the Point of Beginning; thence North 89°52'08" East, along the north line of said Tract 1A, a distance of 2107.16 feet to the northeast corner of Tract IA; thence South 26°51'53" West, along the westerly line of the Remainder of Tract 2A of Certificate of Survey No. 2202A, a distance of 370.76 feet to the northwest corner of Private Open Space B of the Final Plat of Baxter Meadows Subdivision P.U.D. Phase 1; thence North 63°08'07" West, a distance of 78.38 feet to a point on the north line of Private Open Space C of said plat;thence South 89°52'48"West,along said north line,a distance of 355.00 feet to the northwest corner of said open space;thence South 00°25'02" West, along the west line of said open space, a distance of 412.28 feet to the southwest corner of said open space; thence North 89°52'48" East, along the south line of said open space and along the north line of Lot 2 of said plat, a distance of 270.89 feet to the northeast corner of said lot and the westerly right-of- way of Riatta Road; thence along a non-tangent curve to the left,having: a radius of 850.00 feet, a central angle of 14°07'41", a chord bearing of South 06'49'15" East and a chord length of 209.06 feet;thence along the arc of said curve and along said right-of-way an are length of 209.59 feet to the point of tangency of said curve;thence South 13°53'04"East,along said right-of-way,a distance of 56.51 feet to the point of curvature of a curve to the right,having: a radius of 520.00 feet,a central angle of 449819", a chord bearing of South 08°26'15" West and a chord length of 395.01 feet; thence along the arc of said curve and along said right-of-way an arc length of 405.18 feet to the point of tangency of said curve;thence South 30°45'35"West,a distance of 26.39 feet;thence South 59°14'25" East, a distance of 60.00 feet to a point on the easterly right-of-way line of Riatta Road; thence North 30045'35" East, a distance of 26.39 feet to the point of curvature of a curve to the left, having: a radius of 580.00 feet,a central angle of 08044'12",a chord bearing ofNorth 26°23'29"East and a chord length of 88.35 feet; thence along the arc of said curve and along said right-of-way an arc length of 88.44 feet to a point on the south right-of-way line of Equestrian Way;thence South 78°23'05"East,along said right-of-way,a distance of 128.65 feet to the northwest corner of Lot 13, Block 5 of said plat; thence South 00°18'34" West, along the west line of said lot, a distance of 116.23 feet to the southwest corner of said lot;thence North 89°41'46" East, along the south line of said lot and along the south line of Lot 12, Block 5 of said plat, a distance of 240.03 feet to the southeast corner of said Lot 12; thence North 00°20'03" East, along the east line of said lot, a distance of 106.71 feet to a point on the said right-of-way being the northwest corner of Lot 11, Block 5 of said plat; thence South 00018'21" East, along the west line of Lots 5 through 11 (in reverse order) of said Block 5, a distance of 599.00 feet to a point on the north right-of-way line of • Baxter Lane being the southwest corner of said Lot 5; thence South 89050'59" West, along the said right-of--way,a distance of 992.77 feet;thence South 06'18'08" East,a distance of 50.29 feet to the south line of Section 34;thence South 89°50'59", along said section line, a distance of 619.54 feet • to the southeast corner of a plat recorded on Page 207 of Book 148 of the Gallatin County Records; thence North 07'01'46" West, along the east line of said plat, a distance of 248.95 feet to the northeast corner of said plat;thence South 89°46'37"West,along the north line of said plat and along the north line of Tract 5 of Certificate of Survey No.2202,a distance of 632.51 feet to a point on the west line of Section 34;thence North 00°2437"East,along said section line,a distance of 1750.28 feet to the Point of Beginning. The described parcel contains 83.235 acres, more or less. The described parcel is along with and subject to any existing easements. The described parcel is as shown on the accompanying plat. The above described tract of land is to be known and designated as the AMENDED PLAT OF BAXTER MEADOWS SUBDIVISION P.U.D. PHASE 1, LOT 1 & 2, BLOCK 7 AND TRACT 1A, City of Bozeman, Gallatin County, Montana. • • • Exhibit C Property Owners List i • • EXt jTC Baxter Meadow Phase III Special Improvement Lighting District Sub-Phase 3A Name Address Legal Description Sq. Ftg. Estimated Assess Baxter Meadows West, LLC 3985 Valley Commons Drive, Bozeman, MT 59718 Lot 14, Block 5 13,975 Baxter Meadows West, LLC 3985 Valley Commons Drive, Bozeman, MT 59718 Lot 15, Block 5 15,657 Baxter Meadows West, LLC 3985 Valley Commons Drive, Bozeman, MT 59718 Lot 16, Block 5 11,522 Baxter Meadows West, LLC 3985 Valley Commons Drive, Bozeman, MT 59718 Lot 17, Block 5 12,000 Baxter Meadows West, LLC 3985 Valley Commons Drive, Bozeman, MT 59718 Lot 18, Block 5 12,089 Baxter Meadows West, LLC 3985 Valley Commons Drive, Bozeman, MT 59718 Lot 19, Block 5 11,429 Baxter Meadows West, LLC 3985 Valley Commons Drive, Bozeman, MT 59718 Lot 20, Block 5 10,810 Subtotal Block 5 87,482 Baxter Meadows West, LLC 3985 Valley Commons Drive, Bozeman, MT 59718 Lot 7, Block 7 10,171 Baxter Meadows West, LLC 3985 Valley Commons Drive, Bozeman, MT 59718 Lot 8, Block 7 10,070 Baxter Meadows West, LLC 3985 Valley Commons Drive, Bozeman, MT 59718 Lot 9, Block 7 9,744 Baxter Meadows West, LLC 3985 Valley Commons Drive, Bozeman, MT 59718 Lot 10, Block 7 9,419 Baxter Meadows West, LLC 3985 Valley Commons Drive, Bozeman, MT 59718 Lot 11, Block 7 9,093 Baxter Meadows West, LLC 3985 Valley Commons Drive, Bozeman, MT 59718 Lot 12, Block 7 8,772 Baxter Meadows West, LLC 3985 Valley Commons Drive, Bozeman, MT 59718 Lot 13, Block 7 10,589 Baxter Meadows West, LLC 3985 Valley Commons Drive, Bozeman, MT 59718 Lot 14, Block 7 10,818 Baxter Meadows West, LLC 3985 Valley Commons Drive, Bozeman, MT 59718 Lot 15, Block 7 10,291 Baxter Meadows West, LLC 3985 Valley Commons Drive, Bozeman, MT 59718 Lot 16, Block 7 11,663 Baxter Meadows West, LLC 3985 Valley Commons Drive, Bozeman, MT 59718 Lot 17, Block 7 9,975 Baxter Meadows West, LLC 3985 Valley Commons Drive, Bozeman, MT 59718 Lot 18, Block 7 10,730 Subtotal Block 7 121,335 Baxter Meadows West, LLC 3985 Valley Commons Drive, Bozeman, MT 59718 Lot 9, Block 12 9,114 S Baxter Meadows West, LLC 3985 Valley Commons Drive, Bozeman, MT 59718 Lot 10, Block 12 8,544 Baxter Meadows West, LLC 3985 Valley Commons Drive, Bozeman, MT 59718 Lot 11, Block 12 8,544 Baxter Meadows West, LLC 3985 Valley Commons Drive, Bozeman MT 59718 Lot 12, Block 12 8,544 Baxter Meadows West, LLC 3985 Valley Commons Drive, Bozeman, MT 59718 Lot 13, Block 12 9,075 Baxter Meadows West, LLC 3985 Valley Commons Drive, Bozeman, MT 59718 Lot 14, Block 12 9,075 Baxter Meadows West, LLC 3985 Valley Commons Drive, Bozeman, MT 59718 Lot 15, Block 12 9,075 Baxter Meadows West, LLC 3985 Valley Commons Drive, Bozeman, MT 59718 Lot 16, Block 12 9,905 Subtotal Block 12 71,876 Baxter Meadows West, LLC 3985 Valley Commons Drive, Bozeman, MT 59718 Lot 1, Block 13 10,327 Baxter Meadows West, LLC 3985 Valley Commons Drive, Bozeman, MT 59718 Lot 2, Block-1 3 8,690 Baxter Meadows West, LLC 3985 Valley Commons Drive, Bozeman, MT 59718 Lot 3, Block 13 8,690 EXHirsIT C Baxter Meadow Phase III Special Improvement Lighting District Sub-Phase 3A Name Address Legal Description Sq. Ftg. Estimated Assess Baxter Meadows West, LLC 3985 Valley Commons Drive, Bozeman, MT 59718 Lot 4, Block 13 8,690 Baxter Meadows West, LLC 3985 Valley Commons Drive, Bozeman, MT 59718 Lot 5, Block 13 9,488 Baxter Meadows West, LLC 3985 Valley Commons Drive, Bozeman, MT 59718 Lot 6, Block 13 8,488 Baxter Meadows West, LLC 3985 Valley Commons Drive, Bozeman, MT 59718 Lot 7, Block 13 8,488 Baxter Meadows West, LLC 3985 Valley Commons Drive, Bozeman, MT 59718 Lot 8, Block 13 10,660 Baxter Meadows West, LLC 3985 Valley Commons Drive, Bozeman, MT 59718 Lot 9, Block 13 11,976 Baxter Meadows West, LLC 3985 Valley Commons Drive, Bozeman, MT 59718 Lot 10, Block 13 8,255 Baxter Meadows West, LLC 3985 Valley Commons Drive, Bozeman, MT 59718 Lot 11, Block 13 8,255 • Baxter Meadows West, LLC 3985 Valley Commons Drive, Bozeman, MT 59718 Lot 12, Block 13 8,255 Baxter Meadows West, LLC 3985 Valley Commons Drive, Bozeman, MT 59718 Lot 13, Block 13 10,319 Baxter Meadows West, LLC 3985 Valley Commons Drive, Bozeman, MT 59718 Lot 14, Block 13 10,319 Baxter Meadows West, LLC 3985 Valley Commons Drive, Bozeman, MT 59718 Lot 15, Block 13 10,319 Baxter Meadows West, LLC 3985 Valley Commons Drive, Bozeman, MT 59718 Lot 16, Block 13 11,467 Subtotal Block 13 152,686 Baxter Meadows West, LLC 3985 Valley Commons Drive, Bozeman, MT 59718 Lot 9, Block 14 11,396 Subtotal Block 14 11,396 Baxter Meadows West, LLC 3985 Valley Commons Drive, Bozeman, MT 59718 Lot 1, Block 15 11,016 Baxter Meadows West, LLC 3985 Valley Commons Drive, Bozeman, MT 59718 Lot 2, Block 15 9,672 Baxter Meadows West, LLC 3985 Valley Commons Drive, Bozeman, MT 59718 Lot 3, Block 15 10,353 Baxter Meadows West, LLC 3985 Valley Commons Drive, Bozeman, MT 59718 Lot 4, Block 15 12,376 Baxter Meadows West, LLC 3985 Valley Commons Drive, Bozeman, MT 59718 Lot 5, Block 15 13,854 • Baxter Meadows West, LLC 3985 Valley Commons Drive, Bozeman, MT 59718 Lot 6, Block 15 18,255 Baxter Meadows West, LLC 3985 Valley Commons Drive, Bozeman, MT 59718 Lot 7, Block 15 14,236 Baxter Meadows West, LLC 3985 Valley Commons Drive, Bozeman, MT 59718 Lot 8, Block 15 15,027 Baxter Meadows West, LLC 3985 Valley Commons Drive, Bozeman, MT 59718 Lot 9, Block 15 12,444 Baxter Meadows West, LLC 3985 Valley Commons Drive, Bozeman, MT 59718 Lot 10, Block 15 17,679 Baxter Meadows West, LLC 3985 Valley Commons Drive, Bozeman, MT 59718 Lot 11, Block 15 18,735 Baxter Meadows West, LLC 3985 Valley Commons Drive, Bozeman, MT 59718 Lot 12, Block 15 14,621 Subtotal Block 15 168,268 Baxter Meadows West, LLC 3985 Valley Commons Drive, Bozeman, MT 59718 Lot 1, Block 16 10,421 Baxter Meadows West, LLC 3985 Valley Commons Drive, Bozeman, MT 59718 Lot 2, Block 16 10,789 Subtotal Block 16 21,210 • EXHitsIT C Baxter Meadow Phase III Special Improvement Lighting District Sub-Phase 3A Name Address Legal Description Sq. Ftg. Estimated Assess Baxter Meadows West, LLC 3985 Valley Commons Drive, Bozeman, MT 59718 Lot 1, Block 17 14,124 Baxter Meadows West, LLC 3985 Valley Commons Drive, Bozeman, MT 59718 Lot 2, Block 17 12,200 Baxter Meadows West, LLC 3985 Valley Commons Drive, Bozeman, MT 59718 Lot 3, Block 17 12,200 Baxter Meadows West, LLC 3985 Valley Commons Drive, Bozeman, MT 59718 Lot 4, Block 17 9,043 Baxter Meadows West, LLC 3985 Valley Commons Drive, Bozeman, MT 59718 Lot 5, Block 17 8,565 Baxter Meadows West, LLC 3985 Valley Commons Drive, Bozeman, MT 59718 Lot 6, Block 17 8,635 Subtotal Block 17 64,767 Baxter Meadows West, LLC 3985 Valley Commons Drive, Bozeman, MT 59718 Lot 9, Block 18 9,786 Baxter Meadows West, LLC 3985 Valley Commons Drive, Bozeman, MT 59718 Lot 10, Block 18 9,600 Baxter Meadows West, LLC 3985 Valley Commons Drive, Bozeman, MT 59718 Lot 11, Block 18 9,600 Baxter Meadows West, LLC 3985 Valley Commons Drive, Bozeman, MT 59718 Lot 12, Block 18 9,600 Baxter Meadows West, LLC 3985 Valley Commons Drive, Bozeman, MT 59718 Lot 13, Block 18 9,600 Baxter Meadows West, LLC 3985 Valley Commons Drive, Bozeman, MT 59718 Lot 14, Block 18 9,600 Baxter Meadows West, LLC 3985 Valley Commons Drive, Bozeman, MT 59718 Lot 15, Block 18 10,200 Baxter Meadows West, LLC 3985 Valley Commons Drive, Bozeman, MT 59718 Lot 16, Block 18 9,821 Baxter Meadows West, LLC 3985 Valley Commons Drive, Bozeman, MT 59718 Lot 17, Block 18 10,808 Baxter Meadows West, LLC 3985 Valley Commons Drive, Bozeman, MT 59718 Lot 18, Block 18 10,009 Subtotal Block 18 98,624 Total Sq. Ft. Phase 3A: 797,644 • • EAT C Baxter Meadow Phase III Special Improvement Lighting District Sub-Phase 313 Name Address Legal Description Sq.Ftg. Estimated Assess Baxter Meadows West, LLC 3985 Valley Commons Drive, Bozeman, MT 59718 Lot 1, Block 9 17,448 Baxter Meadows West, LLC 3985 Valley Commons Drive, Bozeman, MT 59718 Lot 2, Block 9 15,376 Baxter Meadows West, LLC 3985 Valley Commons Drive, Bozeman, MT 59718 Lot 3, Block 9 15,627 Baxter Meadows West, LLC 3985 Valley Commons Drive, Bozeman, MT 59718 Lot 4, Block 9 16,682 Baxter Meadows West, LLC 3985 Valley Commons Drive, Bozeman, MT 59718 Lot 5, Block 9 18,268 Baxter Meadows West, LLC 3985 Valley Commons Drive, Bozeman, MT 59718 Lot 6, Block 9 18,973 Subtotal Block 9 102,374 Baxter Meadows West, LLC 3985 Valley Commons Drive, Bozeman, MT 59718 Lot 1, Block 10 17,355 • Baxter Meadows West, LLC 3985 Valley Commons Drive, Bozeman, MT 59718 Lot 2, Block 10 15,689 Baxter Meadows West, LLC 3985 Valley Commons Drive, Bozeman, MT 59718 Lot 3, Block 10 14,825 Baxter Meadows West, LLC 39.85 Valley Commons Drive, Bozeman, MT 59718 Lot 4, Block 10 14,855 Baxter Meadows West, LLC 3985 Valley Commons Drive, Bozeman, MT 59718 Lot 5, Block 10 15,182 Baxter Meadows West, LLC 3985 Valley Commons Drive, Bozeman, MT 59718 Lot 6, Block 10 13,083 Baxter Meadows West, LLC 3985 Valley Commons Drive, Bozeman, MT 59718 Lot 7, Block 10 11,000 Baxter Meadows West, LLC 3985 Valley Commons Drive, Bozeman, MT 59718 Lot 8, Block 10 11,000 Baxter Meadows West, LLC 3985 Valley Commons Drive, Bozeman, MT 59718 Lot 9, Block 10 8,800 Baxter Meadows West, LLC 3985 Valley Commons Drive, Bozeman, MT 59718 Lot 10, Block 10 8,800 Baxter Meadows West, LLC 3985 Valley Commons Drive, Bozeman, MT 59718 Lot 11, Block 10 9,494 Subtotal Block 10 140,083 Baxter Meadows West, LLC 3985 Valley Commons Drive, Bozeman, MT 59718 Lot 1, Block 11 13,042 Baxter Meadows West, LLC 3985 Valley Commons Drive, Bozeman, MT 59718 Lot 2, Block 11 10,450 Baxter Meadows West, LLC 3985 Valley Commons Drive, Bozeman, MT 59718 Lot 3, Block 11 10,450 • Baxter Meadows West, LLC 3985 Valley Commons Drive, Bozeman, MT 59718 Lot 4, Block 11 9,350 Baxter Meadows West, LLC 3985 Valley Commons Drive, Bozeman, MT 59718 Lot 5, Block 11 9,350 Baxter Meadows West, LLC 3985 Valley Commons Drive, Bozeman, MT 59718 Lot 6 Block 11 10,112 Baxter Meadows West, LLC 3985 Valley Commons Drive, Bozeman, MT 59718 Lot 7, Block 11 9,200 Baxter Meadows West, LLC 3985 Valley Commons Drive, Bozeman, MT 59718 Lot 8, Block 11 8,059 Baxter Meadows West, LLC 3985 Valley Commons Drive, Bozeman, MT 59718 Lot 9, Block 11 8,059 Baxter Meadows West, LLC 3985 Valley Commons Drive, Bozeman, MT 59718 Lot 10, Block 11 8,059 Baxter Meadows West, LLC 3985 Valley Commons Drive, Bozeman, MT 59718 Lot 11, Block 11 7,245 Baxter Meadows West, LLC 3985 Valley Commons Drive, Bozeman, MT 59718 Lot 12, Block 11 7,245 Baxter Meadows West, LLC 3985 Valley Commons Drive, Bozeman, MT 59718 Lot 13, Block 11 7,245 Baxter Meadows West, LLC 3985 Valley Commons Drive, Bozeman, MT 59718 Lot 14, Block 11 9,354 Subtotal Block 11 127,220 • EX•T C Baxter Meadow Phase III Special Improvement Lighting District Sub-Phase 3B Name Address Legal Description Sq. Ftg. Estimated Assess Baxter Meadows West, LLC 3985 Valley Commons Drive, Bozeman, MT 59718 Lot 1, Block 12 9,428 Baxter Meadows West, LLC 3985 Valley Commons Drive, Bozeman, MT 59718 Lot 2, Block 12 8,085 Baxter Meadows West, LLC 3985 Valley Commons Drive, Bozeman, MT 59718 Lot 3, Block 12 8,085 Baxter Meadows West, LLC 3985 Valley Commons Drive, Bozeman, MT 59718 Lot 4, Block 12 8,085 Baxter Meadows West, LLC 3985 Valley Commons Drive, Bozeman, MT 59718 Lot 5, Block 12 8,064 Baxter Meadows West, LLC 3985 Valley Commons Drive, Bozeman, MT 59718 Lot 6, Block 12 8,064 Baxter Meadows West, LLC 3985 Valley Commons Drive, Bozeman, MT 59718 Lot 7, Block 12 8,064 Baxter Meadows West, LLC 3985 Valley Commons Drive, Bozeman, MT 59718 Lot 8, Block 12 10,268 Subtotal Block 12 68,143 Baxter Meadows West, LLC 3985 Valley Commons Drive, Bozeman, MT 59718 Lot 1, Block 14 15,079 Baxter Meadows West, LLC 3985 Valley Commons Drive, Bozeman, MT 59718 Lot 2, Block 14 11,659 Baxter Meadows West, LLC 3985 Valley Commons Drive, Bozeman, MT 59718 Lot 3, Block 14 12,312 Baxter Meadows West, LLC 3985 Valley Commons Drive, Bozeman, MT 59718 Lot 4, Block 14 12,998 Baxter Meadows West, LLC 3985 Valley Commons Drive, Bozeman, MT 59718 Lot 5, Block 14 12,206 Baxter Meadows West, L.L.C. 3985 Valley Commons Drive, Bozeman, MT 59718 Lot 6, Block 14 11,058 Baxter Meadows West, LLC 3985 Valley Commons Drive, Bozeman, MT 59718 Lot 7, Block 14 10,950 Baxter Meadows West, LLC 3985 Valley Commons Drive, Bozeman, MT 59718 Lot 8, Block 14 10,638 Subtotal Block 14 96,900 Baxter Meadows West, LLC 3985 Valley Commons Drive, Bozeman, MT 59718 Lot 1, Block 18 12,632 Baxter Meadows West, LLC 3985 Valley Commons Drive, Bozeman, MT 59718 Lot 2, Block 18 10,590 • Baxter Meadows West, LLC 3985 Valley Commons Drive, Bozeman, MT 59718 Lot 3, Block 18 10,972 Baxter Meadows West, LLC 3985 Valley Commons Drive, Bozeman, MT 59718 Lot 4, Block 18 11,113 Baxter Meadows West, LLC 3985 Valley Commons Drive, Bozeman, MT 59718 Lot 5, Block 18 11,014 Baxter Meadows West, LLC 3985 Valle Commons Drive, Bozeman, MT 59718 Lot 6, Block 18 10,762 Baxter Meadows West, LLC 3985 Valley Commons Drive, Bozeman, MT 59718 Lot 7, Block 18 9,131 Baxter Meadows West, LLC 3985 Valley Commons Drive, Bozeman, MT 59718 Lot 8, Block 18 9,382 Subtotal Block 18 85,596 Total Sq. Ft. Phase 3B: 620,316 i Total Sq. Ft. All Phase 3: 1,417,960 • Attachments Street Lighting and Pole Base Detail Lightning Vendor - Cut Sheets • • 5" DIA. LIGHT POLE CONN• #6 GROUND TO LUG (BASE COVER NOT S7WWN) BASE PLATE BY OTHERS WITH 14" DIA. FOR AAL FIXTURE ff GALV. NUTS AND WASHERS 12" DIA. FOR GREENLEE FIXTURE T.O.CONCRETE ELEV. PER SITE PLAN BUSHING END - to FINISHED GRADE o (may be concrete I or landscaped are NATURAL UNDISTURBED 1 1/4 PVC SHD 40 • r SOIL OR COMPACTED LONG SWEEP CONDUIT RISERS �°: .�� 4 BACKFILL (2'-0" BURY) s`L #6 COPPER GROUND •as: :,-. ., ,� .: ti '� �r• 1/2" PVC CONDUIT •'� !. `: �= FOR GROUND %✓ ra f' CONDUCTOR . (4) 3/4 DIA. ANCHOR BOLTS EMBEDDED 2'-6" MIN. INTO 3J4" DIA. X 10' CONCRETE (SEE ANCHOR PATTERN) 3" CL. LONG COPPER CLAD a I GROUND ROD #3 HOOPS @ `,q p SONOTUBE OR 12" O.C. MAX. CAST—IN—DRILLED HOLE a A CONCRETE PIER (6)#4 BARS EVENLY SPACED LIGHT POLE FOUNDATION (FOR AAL FIXTURE OR GREENLEE FIXTURE) (4) 3/4" DIA. 3 1 '-6" DIA. ANCHOR BOLTS C� CONCRETE PIER 10" DIA. FOR AAL FIXTURE (6)#4 BARS t8" DIA. FOR GREENLEE FIXTURE EVENLY SPACED (USE MANUFACTURERS \ BASEPLATE TEMPLATE TO SET) #3 HOOPS 12" O.C. MAX. ANCHOR PATTERN PIER SECTION 0 2' 4' � I I S C A L E '���Co THOIl�AS,DEAN&HOSKINS,INC. ENGINEERING CONSULTANTS GREAT FADS-SOZEMAN-KALISPELL-HELENA MONTANA SPOKANE WASHINGTON BIG SKY TOWN CENTER LEIYISfGN DAHO DRAWN BY: WAB DATE. 11•110-6l LIGHT POLE FOUNDATION OESIGNEDBY: NEC JOB NO. 8 0 34 47817 SHEET 1 OF 1 QOALRY CHECK CAONO. .DWG f. i ttk' ���• � 7. �t �.. u Ml - _(�! ryyr. �`¢ ,e t„,��-v�LcZ - gal �'• r '� 'SF�i ,aa'or` xt f.t4 :r �n. 's3 .y "{ 41t,F Rr yd ° 4 4+f •. '!t }(t zia - � =q'A�r�'f .' {� s s�"' �;is s•r t�`�f,� fl0i...� �i �.bs���%ifs�� �,.:,.�""' d �,, T .i -, •c ,fir , �fy �� yi II+j:sy#'�`i�3�E -�,`, `��`�f k iA 51 -a .t •f t�" �- s {< },. -,. i4�r aL �i"�'r '"' { . i_�,i` rJ,. {'�t:.i jp% [TZ ,ice`.. ° i • .. L x r t -4+y `T.. S ;1 s y_= Y �.- -}` yt .,..3i p. -♦ i�;S '� I F.F. Y �.}": ; = 1 .(7 �i 1 t., 4 a,� -•eaa� t•r'• f ._ .+.� #S ♦C rs 1 I x t {c.5. � i�.G. .� ! ; .�C r 1. a .I I'•;.� ��,;�w-t,�E.-�' _ - �{ -j�e�` � - - - .�S �_ �a}1 ; � �* h'£ bx� ��it .t,�.�;�� �p�}�t i z`.•.3 °. [ ,ti�a.` � k~1 F �• : �.,' �,, t: ;�-.�•�.!'-,.�':-,1::�r1:'S�y -y.z !t+ ;: a t t;!_� �y,�.,.sj •� �r �;=5'r 1' Ali 1 :s� ?" ��(K_i. t �t,3.' t�,r=-��b r}1�1...:�c 5�� �f `p 7 }= j, M1� 1 =r�� zf.#1 X � � �. , � d�..__.;'�' r(Gf�1:tt •.t4�jyp;�„•"`i "`1"-'��� lys- t S-` -r!i ' ., f _.r.' l.n;+4F"- 4 fit'• 4t?� 9��-f4"i f# tie;'' _ s ryr �. _.-�#'- -r•l.-: � jr€' _ 1 h'/ i +.. i�y�T���.,(�' � ' -t s +rk� 1 r , 23/8-I60mm) : i The DMS50 luminaire consists of a I outside diameter Insertion 2 Vr(60 mm) t"L y iea, #` sealed optical chamber made of a hydro- tube adaptor t t of tenon outside diameter Insertion formed reflector ermanenti sealed on 2'(51 mm) tube adaptor n °h. r.="r + ' � 1' i"+ P V oftenon ft ftln U.60 IWS58 44' an injected refractor,with internal prisms 2'(51 mm) i#DFS !"x•(t1i131!{ fttSiit�tU810`af; only(SHA/SSA optics).SCB/SHB optics „i�S�a1 fit.' $ ttsr RiffiC ! h9�1 8t Ff use a tempered-glass lens. E - E d E rl t 6j ! , e ) t ) A toolfree lamp access shutter and — e t3*aAr",gptic���t.t �' �.r h, �t� sleeve,with self-adjusting injection- a �� �_ � E "Ry& 4a1n' x ,;, molded silicone gasket,keep the l i 0;�.-DO 041tilkMgC sYS tiN;t (i`=� optical chamber hermetically sealed. f]fltll]os a i ff Lgl1t LnsS: 1 ��, The optical system is placed in a cast ----- _ __ yXq aluminum technical ring,which is E assembled in a spun and cast-aluminum _ _ 1-' Ry housing suspended under a cast-alumi- num fitter. r J r:r S!- A large,bell-shaped spun-aluminum t 271/7" 1 is (698 mm) 3Y skirt is mechanically assembled to the technical ring. EPA:135 s 19. EPA:1,00 sq.fL �. I fE� ova . � � The DMUDlummaire is UL and CSA Weight 421Ds(19.1 kgl 1. WeigM:4216s(19.lkg) 1 th9 a ll 11#t1ri_ r�V approved. ;1 OMS50-SHA/SSA DMS50-SHB/SCB �r.�� 1� �• ��dhFs^ t ¢. tt )< 1 t 1 1 1 r DMS50/60 SHA&SSA optics IF A 180'bent section of Wattage SHA/SSACB S W SH8 p 5 _ Sealed optical chamber extruded aluminum 2 3/8" 440i 70 MH,medium — — — consisting of a reflector (60 mm)O.D.,mechani- f j 1 100 MH,medium — — — permanently assembled on � cally assembled to the �, 175 MH,mogul — — — top of a prismatic refractor. side of a pole. 250 MH,mogul —' — — SHAM Asyrnmebicalhypermdertsve pl0 LM A 180'bent section of lc11a . t , , 70 HPS — — — extruded aluminum 2 3/8" r ! ,mogul SHA4L` Asytmretricalhyperex0errsiue Gyl 100 HPS,mogul — — — SSA3M: Asymmetrical semi cut-off(111) s (60 mm)O.D.,welded ;'�11 0t81 M — — to a cast-aluminum pole 150 HPS,mogul — In the above optics,the sleeve and shutter adaptor and a flat rolled a7 a 250 HPS,mogul —' — N/A permit exact positioning of the lamp. aluminum spiral. TA tot • fm6ngapd ebase SHA&SSA refractors available in: Remoteballastinmo MM A 2 3/8"(60 mm)round ' Requires a pofycarbonate refractor. ACOR Acrylic rylic 1175 W maxl aluminum arm welded ;k PC: Polycarbonate to a 41/2"(114 mm)O.D. till. DMS50'and DMS60'Domus Series pole adaptor.The moun- .},_ luminaires accommodate H.I.D.or Add suf$xto optical system code. F4ting is complete with incandescent lamps as shown in two bent decorative rods, the above table. SCB&SHB optics spheres and a cast-alumi- ��4� e f HPS ballasts feature a-40F HOC)lamp Sealed optical chamber num luminaire adaptor. z J '= r ;1 + r+ r starting capacity with a high power consisting of a reflector factor of 90%and operate within ANSI permanently assembled on NM A 180"bent section of E/t+t� extruded aluminum 2 318" � � trapezoidal limits.MH ballasts feature a top of atempered-glass sag xil 1 :f, i R} -201'(-30C-)lamp starting capacitywith lens. (60 mm)O.D.,with cast- „ '3' a high power factor of 90%.All ballasts SCB3M: Asymmetrical cut-off fill) aluminum decorative h spirals,and a pole ado are UL recognized � P p- h�.j t :+ �• SHB3M: "metrical hyperextensive(Ilq tor.The mounting slip fits !n(Y blo! and CSA certified. (not available with25OW HPSI into a 4"(102 mm)pole. The ballast is integrated in the hood In the above optics,the sleeve and shutter �+( Inj . Ir 1 of the luminaire while the unitized 0M Two straight 15/8-(41 permit exact positioning of the lamp. ballast tray slides into a ballast box mm)O.D.aluminum side that is mechanically assembled onto (Lamps not included) arms welded to a4"(102 Forfurtherinformation,refertothe mm round aluminum pole �� •fir ��'� the optical support plate. 1 l,fikl s ° r, rr Outdoor Lighting Application Guide. adaptor and to a cast-alu- ` �_ minum luminaire adaptor. ifa> Ii },+ RM A 2 3/8"(60 mm)O.D. z r1 !ztt ,f A. y aluminum arm welded to �: L r !` ,i•T =, a 4"1102 mm)round poie tf ifrcMl�Sri, + uj� adaptor and a cast-alu- .+ �,, minum luminaire adaptor, with decorative half- ir._•;ar +h `f f sphere.A structural 1/2" It +tt t7 elf 1 . � `rF + �£� 5 y! (13 mm)rod is welded to the arm and pole adaptor. Ordering Sample a ' 100 HPS DMS50 SHA3M-ACDR 120 IF-IA R80-15 GNTX FS q .i ,l.. _ S ,j { Lumec reserves the right to substitute materials or change the manufacturing process of its products without prior notification. trn,.i�d,+ ai,aa, r 1 2 3/8'160 mm) The DMS601 uminaire consists of a 271f2• outside diameter Insertion sealed optical chamber made of a hydro- (698 mm) tube adaptor n of tenon formed reflector permanently sealed on 2'(51 mm) an injected refractor,with internal prisms only(SHA/SSA optics►.SCB/SHB optics m E - use atempered-glass lens. _ y E _ _ E A toolfree lamp access shutter and E g'a sleeve,with self-adjusting injection- E J = molded silicone gasket,keep the e optical chamber hermetically sealed. I -- The optical system is surrounded by a one-piece,two-arm,cast-aluminum ! i 271fr i ^E cradle welded to the bottom piece �I (698 mml of a cast-aluminum technical ring. A large aluminum hood and a deflector f are mechanically assembled on the top L part of the technical ring. Insertion depth EPA:1.00 sgft. A large,bell-shaped spun-aluminum 4 1/8. Ip, of tenon Weight:42lbs 09.1 kg) skirt is mechanically assembled to the 1105 mml 4'1102 mm) bottom section of the technical ring. EPA 122 sq.fL DMS50-SCB/SHB-F8 The DMS60fuminaireisUL and CSA Weight 40 lbs 118.1 kg) DMS50 with SHAMA optics approved. and a flat base spinning(FB) DMS60-SHA I t ' tFinishes Luminaire Options 16 Standard Colors Available FS Fusing(consult Lumec) The specially-formulated textured(TX) HS House shield IA 2 ZZAA ,66 Lumital powder coat is available in a FB Rat base spinning range of 16 standard colors This unique coating of thermosetting polyester resins — to provides a highly-durable UV-resistant Pole Options. ,,1, 3,os exterior finish as perASTM-G7. HB Hinged base 3 36 4 Lumital coatings are specially formulated (APR4&APS4 poles only) for outstanding salt-spray resistance DR' Duplex receptacle according to ASTM B117 standards. 1120volts only) 2.44 All surfaces are chemically treated using IU1 flV g GFI' Duplex receptacle with • - _ — a four-step(aluminum)or six-step(steel) ground fault interrupter process priorto painting.Consult Lumec 1120volts only) Typical wall mounting detail I83 for complete specifications. pH Photoelectric cell for Domus luminaire mountings •SC Special Color Ls. Provision forloudspeaker outlet 1y( Provide a 4"(102 mm)square color chip. BA' Banner arm m 2'x3'151 x76 mm) ' a horizontal junction box — in It possible to order smaller minimal 1p Interior paint(pole only, (by other) Wall quantities of powder paint at a consult factory forapplicable poles) �r bracket premium.Your representative will be _ 2 able to tell you if a powder coating can LBC Optional base cover s Q 1 0.61 be developed for your project. Consult factoryforfeasibility with cast-aluminum shafts. 0 / Lumiseal,a biofriendly reactive r� f organic conversion coating,is applied Base coverforAPR4&SPR4 poles only mr on all aluminum parts that are subject (replace standard base cover). APR4 APR4 SM6 R80 m to salt-spray corrosion.Consult Lumec &LBC2 &TOM i for complete specifications. G 7/8'122mm) 9 Max.bolt V o projection bOa tea O O Please note where quantities n v_e do not warrant it,Lumec reserves Accessdoor� C8:63/4po C8:63/4po Ca:lotnpo CB:l212po the right to use an oven-cured liquid .r (171 mml (171 mm) 1267 mml 1318 mm) polyurethane finish. LBC2 LBC3 a ® p 1 Consult the Pole Guide fir details Consult the Pole Guide for details LBC1 � [off and the complete line ofmountings. and the complete line ofpafes. LBC4C/S LBC9 B104 B40 . ► i Registered Lumec inc. ' ''K*�Er; L'S.�L�,Xia? s �' lgr r' �� safy j,h5s x 'A yi rt wti,t e J : S t 4 ft#fit �ii�, +� r . ► + �+ The DMS501uminaire can accomodate SG and SE segmented optical systems. 2 3/8 Iso mm) outside diameter Insertion 2 318"(60 mm) X.�f 'r _� � N r. Toolfree access to the interior of tube adaptor n of tenon outside diameter Insertion +��t!'jLyl�iifttUflS OAt ([E►�t�1Q 1 y'�3rt"ii the luminaire permits easy access 2'151 mm) tube adaptor n of tenon vttf►tt�tlD ((tIJbit`a[G-r��ut,t .fr j to The lamp, 2'151 mm) �'� C&v�thth SL'an 'r-Pil The optical system is placed in a ] + • $�'n�frl%a�b �l1i� .�s,: `j;"�«+ } cast-aluminum technical ring,which - � r 1:? °I is assembled in housing housing. y w E —.� 1}4d $rtfll�ll$�al) �t 1 x ,tl�<<(` .# ; — - _ ,�r �jlitl ��TtF 1--.�,A A SLG sag lens or Of.drop lens is - - E cu '43' Fz ,�; 1 required-with SE optical systems. 011 a•s S+ QLLL..... tt ,, '4t. qplM y�.. i`� } !tt } 1 27 1/2' , \E E r. t u5j Btu tnr�8 '� (698mm) ^E n a 1� ( 771�f f tl�!lt11es., !1 _ i 271n' , — +� s ��`g,�F,� n 0 '.lain � (698mm( r�.�.t j 3 f on%1 F t�,ti t EPA 1.00 sq.ft. EPA-1.20 sq.ft. Weight:421bs 119.1 kg) r 1 t '' Weight 421bs119.lkg) OMS50-SE-SLG � a Qlltft #'f OMS50-SG-DL DMS50 with SE optics and a sag lens ISGU DMS50 with SG optics and a drop lens IOLI 60 DMSG50 Wattage SG SE �//�� SG optics FS Fusing(consult Lumec) i s 70 MN,medium 0 — — ® Segmented cut-off reflector HS House shield(SG optics only) w 100 MH,medium • — — system set in faceted arc- ima a duplicating DL Polycarbonate drop lens 175 MH mogul • g P 9 Patterns ISG or optics 9 — — P s only,250W max.) 250 MH,mogul • _ _ SG I: symmetrical III 125OW remote ballast) a00 MH,mogul o r •r •, SG2: Asymmetrical(11) SLG Tempered glass sag lens , rt g SG3: Asymmetrical(III) ISGarSEapticsonly) I�Brz .s'r t 70HPS,mogui • — — IStandard when used with SE optics) 1".4 tV(J � SGQ Symmetrical xt 100 HPS,mogul • — — M LD Luminous dome 150 HPS,mogul • — SGFM: Forward-throw (available with SG optics an (Not available in 200,250 and (Maximum 250W-remote ballast) ,Ft7 250 HPS,mogul • 9 • WA 40oW,HPS) LR Luminous ring 40D HPS,mogul N/A N/A K yr a rt lavailable with SG optics only) +$y ,, �+ t • SE o tics IDMS50 on• x s Remotebal/asYinmountingorpo%base p IN IMaximum25M-remote ballast) a 3 s u + i r Requires a reduced jacketlam Small hydroformed curt-off Fg tr1 , aky F ,�+,� u ,a, TM p' reflector system set in fac- Rat base spinning "T*3 DMSSO and DMS60 Domus Series eted arc-image duplicating luminaires accommodate H.I.D.or patterns (No[availablein200, incandescent lamps as shown in the above table. 250 and 400W HPS) # r a f HPS ballasts feature a-40F(-40C')lamp SE3: Asymmetrical(III) I ° y�`.a x y. " starting capacity with a high power SES: Symmetrical(V) factor of 90%and operate within ANSI Please consuftfactory for details. c.a` trapezoidal Gmits.MH ballasts feature a (Clear lamps not included) „ � „tf'[ -20F00C")lamp starting capacity with For further informatida refer tothe # a high power factor of 90%.All ballasts Outdoor Lighting Application Guide. are UL recognized ;i7`n" S� and CSA certified. a 1 1 r r r r 9 a + .,` 3 The ballast is integrated in the hood of the luminaire. 4F� ; r" s• 'tCg �'• .,�Y'� ij fi I 2 3/8'(60 mm) outside diameter Insertion outside iame diameter Insertion tube adaptor r1 of tenon tube adaptor r i of tenon r {a � ;r ( t j(51 mm) r151 mm) 4 .�,,,�.+,r.t: '•r' f rut!` wt �'E E E ' 7C �6 yyt 1 .rr4 E e1R+ iA �'r�s Y{rTik Psk yT'Zt J st0 .1 (x�ili E 1 27 1/2' ]f? � !� s as � ' ��m 4 V :• f f ..�r r `,,.'' \ (698 mm) 1 ey �l'$ ti(' j93Dal•}5y� r 27 I/r e 4 t'iN' • (698mm) 1 . 'VrtvW tultle��9nt 1 7y- ♦h3� ��1 'r' Y.' t .t "+ t EPA:1.20 s ft. #S 2 f t f . , r' 1 EPA:1.20 sq.ft. Weight 421bs 119.1 kg) Weight 42lbs 09.1 kg) k r $I DMS50-SG-LR-DL ihfte rcxtiF�ty ` r DMS50-SG-LD DMS50 with SG optics, OMSSOwith SG optics, a luminous ring(LRI and a drop lens IDLI and a luminous dome(LO) �� �� _ � _ l �� r i i I i I I I i Y � 1 ' • � r � rE i 9 f i �� � i " . . ........... LEGEND FEATURE DESCRIPTION '41 "'Zo zo rz _Aj I zoo z 551 • �D A' BUILDING (EXISTING) I _uI 5--------- CONTOUR % 11 ow iI t 'KIMBERWICKE STREET"-"' CULVtRT (EXISTING) . . . 67L52 w-".65 0.�x L-31 RIM IN CULVERT (NEW) ."73.7 -467044 �W OUT-4673.54 74 L34 ----------- EDGE OF GRAVEL FENCE - WIRE 7 0 0. FIRE HYDRANT (EXISTING) % A� I GUY WIRE u T Iz I/ w FIRE HYDRANT (NEW) z I t I INLET (NEW) 96 0 MANHOLE (EXISIING)"A. j'� 0 9 CA MANHOLE (NEW) • Ix.It.it. "'4 r? z T > I' rm I ." : % __�: Al E OVERHEAD ELECTRIC w Af L2 a:0 0 0 U) U)V) POWER POLE tu w w 0 a wz % TELEPHONE RISER 7f —S SANITARY SEWER (EXISTING) ow 4-INN —S SANITARY SEWER (NEW) —IRR IRRIGATION ---------- IL (EXISTING) t A"', z —IRR— << IRRIGATION (NEW) c UNDERGROUND TELEPHONE m It On I; WATERLINE (EXISTING) I DETEknON POND.8 1, 1 ', 1, 1, , ', '.. % —su STORM DRAIN (NEW) I% j m 12 .4 % WATERLINE NEW DO to ='.2. VALVE (EXISTING) 3 DRAWN BY: EWB W 2.4 N . , I -1a j NEW STREET GRADE DESIGNED BY: EWB QUAUTY CHECK FINISHED GRADE 0 11 hp tiItt DATE: Hp HIGH POINT JOB NO. SOS-016(014) 7119106 jj FIELDBOOK NA A I!% w LOW POINT t 37 OSFA B IDETENMN �_-_t73 -7--% ---------- -- -- CI- J:: LO T A, v'lv % 1, L6\ ............. 13 4., a ECIL ESTRiA(4 LA : 1 : :1 1�1.1)C-K '12 C14 . .' I % ", -_ .; . 16 co ...... ...... C:� 17 C) 1% =-4677�! iP-.87.-8920 02 HP am"V! f ji 3.a j;t z v 7 0- w w w 0 U) < OCK f3 ----------------_ ---- ---- -- -------- ---------- CL < 2 o."x w i 59.� ------ ----- ------- ------ -- ----- - -----------r--------- -I------ -- -- 1. 15 16 2 ii IL Z CIL CCI 0 z 14 Ij7 :f: _ ...o-- Iai, 1 '� I I J r,CC33 v - ury w-w)s.fiej.. 'J __ ____ _ AN • ......... 3.�2 p 'NE BE LA It 2E "A Ri.- 9 OSTIA C uj :�2.v2x 9— IN, Illy UT-46M.02- 0.7. 4 --J) f m-owl. U) M I.-4W2.\ 1.4 7.7 4692A 1W 14 71 D /4.. w N --------- ------ E.I r6N. 0 POND 0 N.w .7. t w Im BLOCK 16 -4 E dK t! 2 CIL44 Is ------------ =14= W, p -7 0 It 15 > BLOCKj z . ........ Os EL 1tLLDj 2 w L IRR 'SPUBLIC PARK co 'x 10 > ff Hp 9i.ei 15, WT-46�SM 0 100, 200' 300' co U) SCALE iR 1w -460tU 0 z C) CD 2. h1469881 ......... :W..-4685.'k0 9!�7 .........------J Z� j 914. .. -------- ......... .................... 7 NO. ......................... ...... .. 2 . . —,-T..:r.'��:• .+,•'T.r.�....: . rv. . . . _ _ 516ph3AMUP!WG . - .................. .... ------ SHEET OF It � � • t � � • ` � � I � � i f i � j R+f l • '� , � i � i { � i •� _� f �� • .� oo; I � -; I E VACANT LAND 34 BAXTER MEADOWS � - � �. C - P.U. D. EXL91ING ` - ; - Z OMNG MAP - DAMY FARM K t 3 ,. MIDDLE SCHOOL3T18 P C r.,� C�. � � a Prepared by: PC Development Last Update: B-3-06 r Zoning Legend: imunnawia0tsr. _— _-- rl..,a �� RwenRinraasR �i + O i PLI FINAL PLAT APPROVAL g o r � E P " E *lMwF r. 1�`�"' a PRE-PLAT APPROVAL COUNTY njwmEwnAL Ri PRE-PLAT REVIEW OIfiN(D 'G•. - OAIY IWA�� CN1A}YAY 3lRetC:. CONCEPT APPROVAL PI s i' `"E E El B>< 4� B2 P 1 � ® x�9� a2 IFMi.BR'iiRMr 1 d „ 1' H7TIB1IN0 I,r F RESIDEYML 41 i7MD8RSM17l.RD � - I � tot �o_wwPm FflTrmli > / S i {VI'bT WIN0.4 ., 5 RUBDTPLSION - CATTAIL LANE YMCA 7 PARCEL \ g a 6 5 A 3 2 BA=R LANE PHASE 4 _ _ . PHASE KEY 4 sg °�Ror 0 15d 300' 600' % Scale in Feet North REGIONAL PARK CTR TION rj; � r , � • ' Y I � �kk r � � Y , i i i � �, 3� I .. 'Y 1 i 4 Y � • 4 i I � " 4 i I i�N i • 1 _ _ __� • • a • • • � VACANT LNYD 34 BAXTER MEADOWS P.U. Do EXIS17N0 DAIRY FARM PHASE 5B - PHASING PLAN- MIDDLESCHOOLSnB Prepared by: PC Development sainnor SIDa1a Last Update: 8-3-06 0 Legend: F-d I Fro�Q PHASE 2B 4 —--— BAXTER MEADOWS P.U.D.BOUNDARY P E :I Ell D o'DrrUf �UNW FINAL PLAT APPROVAL ¢ Q SEMCR RESIDEN LAL EXISMNG climca o„,,5�, a,,e�, PRE-PLAT APPROVAL a a � i ,,CT s PRE-PLAT REVIEW P E� A 2E� E SA CONCEPT APPROVAL T RT=1�[B WFhTiT-FJH JV7 ® UU ES6X1317AIO � RIDENTLH. S, I • PL9NDSRSMILL RD O woof Ot 1 Sy SUBI) ION VMCA PARCEL O O PHASE 4 0 150' 300' 600' Scale in Feet North REGIONAL PARR CTR TION } ' • f • 4 I ' 4 i. �J I 0 � r •{ y I 1 ` i f e i r f • r a i a NOTICE OF PASSAGE OF RESOLUTION OF INTENTION TO CREATE SPECIAL IMPROVEMENT LIGHTING DISTRICT NO 692 •'' s (BARTER MEADOWS PHASE 3 & 6) CITY OF BOZEMAN,MONTANA NOTICE IS HEREBY GNEN that on September 18,2006,the City Commission(the"Commission".) of the City of Bozeman,Montana(the"City"),adopted a Resolution of Intention to Create Special Improvement Lighting District No. 692(the"District")for the purpose of financing the costs of installing lighting improvements (the"Improvements")to serve the Baxter Meadows Phase 3&6,and paying ownership charge,maintenance and energy costs relating thereto. A complete copy of the Resolution of Intention(the"Resolution")is on file with the City Clerk which more specifically describes the nature of the Improvements,the boundaries and the area included in the District,the location of the Improvements and other matters pertaining thereto and further particulars. A list of properties in the District and the amount of the initial assessment accompanies this notice. Pursuant to an agreement (the "Agreement") between the City and Northwestern Energy (the "Company"),the Company will install (44)Decashield 400 Luminaire light fixtures (the"Fixtures"),of which twenty(20)will be 70-watt fixtures mounted at 17.5 feet;fourteen(14)will be 100-watt fixtures mounted at 17.5 feet;three(3)will be 175-watt fixtures mounted at 20 feet;seven(7)will be 250-watt fixtures mounted at 35 feet (the"Improvements"). The initial monthly charges per fixture per month(the"Monthly Charge")are as follows: $39.07 for the 70-watt fixtures,$42.89 for the 100-watt fixtures,$42.55 for the 175-watt fixtures,and$45.26 for the 250-watt fixtures for a total of$1,826.33 per month. The Monthly Charge is composed of an ownership charge for the Fixtures,an energy charge and a charge for operation and maintenance of the Improvements. The Monthly Charge may be increased as approved by the Montana Public Service.Commission. All properties in the District will be assessed for their-proportionate share of the costs of the Improvements as an"area basis"annually and will be payable in equal semiannual installments. The annual costs of the Improvements at the initial Monthly Charge is$21,915.96 per year,against each lot,or parcel and the total area of the District to be assessed is 38.98 acres,or 1,697,968.80 square feet,exclusive of parks and open space. The initial costs of the Improvements per acre shall be $562.24, or $0.012907 per square foot. The annual assessments for costs of the Improvements may be increased as approved by the Public Service Commission and may be increased to cover extraordinary expenses of repair and maintenance. The first year of special assessment billing will include an additional amount not to exceed $2,500 for publication, mailing and legal review associated with creation of the District which shall be assess in the same manner as the Improvements resulting in a cost not to exceed $64.14 per acre,or$0.001472 per square foot. On Monday, October 16, 2006, at 6:00 p.m., in the Community Room of the Gallatin County Courthouse,311 West Main Street,Bozeman,Montana,the City Commission will conduct a public hearing and pass upon all written protests against the creation or extension of the District,or the Improvements. Written protests against the creation or extension of the District and the Improvements may be filed by an agent,person,firm or corporation owning real property within the proposed District whose property is liable to be assessed for the Improvements. Such protests must be delivered to the City Clerk at the Municipal Building, 411 East Main Street, Bozeman,Montana not later than 5:00 p.m.,M.T.,on Monday,October 8,2006_ 1 Further information regarding the proposed District or other matters in respect thereof maybe obtained from the City Clerk at the Municipal Building,411 East Main Street,Bozeman,Montana or by telephone at(406) • 582-2320. Dated: September 18, 2006 • BY ORDER OF THE CI COMMISSION OF THE CITY OF BOZ MAN, MONTANA Brit Fontenot City Clerk Legal Ad Publication Dates: Sunday, September 24,2006& Sunday,October 1,2006 • • Baxter Meadows Phase 3 SILD approval timeline: 2/2/06 - Preliminary Plat Approval—Phase 3 3/8/06 - Submitted Phase 3 SILD 3/20/06 - Per Robin Sullivan's request, sent digital copy of plat, legal description, and Exhibit C (lot, block, owner, square footage). 6/7/06 - Called the City to check status. SILD's have been transferred from clerk (Robin Sullivan) to assessments (Deanna Shannon). I was informed they couldn't find any Baxter Meadows submittals, but they would keep looking. It was apparently lost in the transfer of SILD's from Robin Sullivan's office to assessments. 6/9/06 - Phase 1 &2 submittals were found, but nothing on Phase 3. I was told we would need to resubmit. 6/11/06 - Sent digital copies of boundaries and light locations to Deanna. • 6/12/06 - Resubmitted Phase 3 SILD. (Deanna out of town). 6/13/06 - Sent streetlight layouts to Mel Kotur, NWE 6/14/06 - Deanna called to say that everything she received looked great. It was too late to get it on the next agenda (6/19), but she would get it on the one after that (6/26). As she says, any delays are "entirely the city's fault", so we shouldn't be held up at all. If anyone tries to hold us up, she wants us to direct them to her, and she will straighten it out. 6/23/06 - Called Deanna to find out why we weren't on agenda for Monday (6/26). She is waiting for updated pricing from Mel Kotur, at which point she will submit it to Legal, and when she gets it back from them, she can put it on the agenda. 6/23/06 - Mel will not have prices to Deanna until NWE completes the distribution design (main power layout for entire subdivision), which won't be complete for "a couple weeks". He thinks he can have pricing info to her around Mid-July. Earliest we could get on agenda then would be first of August. • Page 1 of 1 Harley Huestis • From: "Robin Sullivan" <RSullivan@BOZEMAN.NET> To: <harley@pcdevelopment.com> Sent: Monday, March 20, 2006 10:36 AM Subject: digital files You're right. I don't have the digital files yet for the new SILD. Appreciate your help. Robin Sullivan,MVIC City Clerk • • 6/23/2006 Page 1 of 1 Harley Huestis • From: "HarleyHuestis" <harle @ cdevelo ment.com>. Y P P To: "Robin Sullivan" <RSullivan@BOZEMAN.NET> Sent: Monday, March 20, 2006 10:58 AM Attach: Phase III SILD Exhibit C.xls Subject: Re: digital files Robin - Here you go. Let me know if there's anything else we can do. Harley ----- Original Message ----- From: Robin Sullivan To: harley@pcdevelopment.com Sent: Monday, March 20, 2006 9:36 AM Subject: digital files You're right. I don't have the digital files yet for the new SILD. Appreciate your help. Robin Sullivan,MMC City Clefk r • 6/23/2006 Page 1 of 1 Harley Huestis • From: "Robin Sullivan" <RSullivan@BOZEMAN.NET> To: "Harley Huestis" <harley@pcdevelopment.com> Sent: Monday, March 20, 2006 11:02 AM Subject: RE: digital files I also need a digital copy of the legal description of the district and a map of the district. Thanks. From: Harley Huestis [mailto:harley@pcdevelopment.com] Sent: Monday, March 20, 2006 9:59 AM To: Robin Sullivan Subject: Re: digital files Robin - Here you go. Let me know if there's anything else we can do. Harley ----- Original Message ----- From: Robin Sullivan To: harley@pcdevelopment.com Sent: Monday, March 20, 2006 9:36 AM Subject: digital files • You're right. I don't have the digital files yet for the new SILD. Appreciate your help. Robin Sullivan,MMC City Clerk • 6/23/2006 Page 1 of 1 Harley Huestis • From: "HarleyHuestis" <harle @ cdevelo ment.com> Y P P To: "Robin Sullivan" <RSullivan@BOZEMAN.NET> Sent: Monday, March 20, 2006 12:37 PM Attach: ACAD-516ph3PLAT(new lots).pdf; Ph 3 Legal Description.doc Subject: Re: digital files Let me know if there's anything else. ----- Original Message ----- From: Robin Sullivan To: Harley Huestis Sent: Monday, March 20, 2006 10:02 AM Subject: RE: digital files I also need a digital copy of the legal description of the district and a map of the district. Thanks. From: Harley Huestis [mailto:harley@pcdevelopment.com] Sent: Monday, March 20, 2006 9:59 AM To: Robin Sullivan Subject: Re: digital files Robin - • Here you go. Let me know if there's anything else we can do. Harley ----- Original Message ----- From: Robin Sullivan To: harley@pcdevelopment.com Sent: Monday, March 20, 2006 9:36 AM Subject: digital files You're right. I don't have the digital files yet for the new SILD. Appreciate your help. Robin Sullivan.MMC City Clerk i a • ` 6/23/2006 • Page 1 of 1 Harley Huestis • From: "Harley Huestis" <harley@pcdevelopment.com> To: "Jason Leep" <jason@pcdevelopment.com> Sent: Sunday, June 11, 2006 11:28 AM Subject: Ph. 3 SILD Quick update on the Phase 3 SILD: (I can't remember if I told you any of this Friday or not:..) They've transfered the SILD's from the Clerk (a.k.a. Robin Sullivan)to the Assessors office (a.k.a. Deanna Shannon). In doing so, they thought they had lost all of the SILD information for Baxter, but eventually found phases 1 & 2, but never did find Ph. 3. I'm bringing that back down tomorrow, but it is now 3 months behind (originally submitted March 8). I'm bringing a memo for the City to sign saying they lost our original and didn't tell us until now, and I'll of course urge her to move us to the top of the list. Anything else we need to do? Harley Huestis PC Development 586-9922 (0) 570-4878 (C) 6/23/2006 Page 1 of 1 a Harley Huestis • From: "HarleyHuestis" <harle @ cdevelo ment.co > Y P P m To: <dshannon@bozeman.net> Sent: Sunday, June 11, 2006 10:59 AM Attach: Lighting Plan.pdf; Phase III SILD Exbt.pdf Subject: Baxter Meadows Ph. 3& 6 SILD's Deanna - Here are pdf's of the boundaries and light locations for the Baxter Meadows Phase 3 and Phase 6 SILD's. I will be delivering full copies Monday. Harley Huestis PC Development 586-9922 (0) 570-4878 (C) • • 6/23/2006 Page 1 of 1 Harley Huestis • From: "HarleyHuestis" <harle @ cdevelo ment.com> Y P p To: Xotur, Melvin F" <Melvin.Kotur@northwestern.com> Sent: Tuesday, June 13, 2006 4:32 PM Attach: Phase III SILD Exbt.pdf; Lighting Plan.pdf; 516-Ph6-PLAT (6-9-06).pdf; ACAD-516ph3PLAT(5-8- 06).pdf Subject: Phase 3 &6 streetlight layouts Mel - Here are streetlight layouts for the two latest phases of Baxter, along with plats to show where the easements are located. As I mentioned, I believe Will Johnson is working on the Phase 3 design, and Nicole is working on Phase 6. Harley Huestis PC Development 586-9922 (0) 570-4878 (C) • • Y 6/23/2006 i i 1 M ;1 ' 1 S�{ l 1 , 1 , i 1 ! If I I � I R 1 ' k R ' t l • r SETBACK NOTES BAXTER MEADOWS PHASE 3A (BLOCKS 5,7,12-18) ZONING R-1 R-1 R-1 R-1 R-1 RS TYPE SFR SFR SFR SFR SFR SFR LOT(S)/ BLOCK 5- BLOCK 5- BLOCK 5- BLOCK S LOT 14 LOT 20 LOTS 15-19 BLOCK 7- BLOCK 7- BLOCK 7- BLOCK 7- BLOCK 7- LOT 7 LOT 15 LOTS 1617, & LOT 18 LOT 2A 17 BLOCK 12- BLOCK 12- BLOCK 12- LOTS 10-15 LOT 16 LOT 9 BOOS 2 2- & BLOCK 13- BLOCK 13- 10- LOTS 8& 16 LOT 1 &9 BLOCK 14- LOT 9 BLOCK 15- BLOCK 15- BLOCK 15- LOT 1 LOTS 2-11 LOT 12 BLOCK 16- BLOCK 16- LOT 2 LOT 1 BLOCK 17- BLOCK 17- LOT 6 LOTS 1-5 BLOCK 18- BLOCK 18- LOTS 9& 18 LOTS 10-17 FRONT YARDS 15' 15' 15' 15' 15' 35' . 18.16.050 REAR YARDS 20' 20' 20' 20' 20' 25' 18.16.050 SIDE North = 15' North = 5' East= 15' East=5' YARDS S, 25' 18.YARDS South=5' South= 15' West=5' West= 15' Approved Lot Requirements(No Deviations Requested from U.D.O.) MAX. LOT MIN.FRONT COVERAGE 2 %for R YARDS 15' 18.16.030 5%for RS 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 18.16.060 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. 2 See attached Exhibits A, B&C for setbacks specific to Lot 9, Block 13; Lot 1, Block 16; and Lot 15, Block 5. Note: Exhibit for purposes of clarifying set4W information only. Please consult engineering and plat documents as recorded with the City of Bozeman, Montana for all technical and legal data. _ _ o _ _ _ _ _ _ _ ALLEY JT C 0 6' Easement 127.74 ------------------------------------------------------------------------- 20 � 9 SETBACK LINE � � \ 9 5 9 o � CD 11976 SF o to 15 ' to \ \ 7.76' O � O . � O � XHIBITA Scale: 1 = 20' NORTH Lot 9, Block 13 Note: Exhibit for purposes of clarifying setIW information only. Please consult engineering and plat documents as recorded with the City of Bozeman, Montana for all technical and legal data. U C-' o 0 0 N90° 0'00"W 180.0071, ' 10' Easement 100.00' 9 -----------------------20_________________--__ ___-__-________-_ -IC K 1 SETBACK LINE BLO 1 15.00' 9 5 10421 SF 10 - Pn . UT � IEAS E M E 'ANT' c 70 ti ors , F XHIBIT B NORTH of1 L Scale: 1�� = 20' , Bock 1I 6 Note: Exhibit for purposes of clarifying seIW information only. Please consult engineering and plat documen s as recorded with the City of Bozeman, Montana for all technical and legal data. /�70 C-), �o 13975 SF tr co / 5 ' Qj I ' � moo. 15 15657 SF 9 2 0 R O17 15 \ / o o \ / / 11522 SF XHIBIT NORTH LOt 15 Block 5 Scale: 1�� = 30' may.;: . � ,;, mac; ;y a'�wa.:.,. - ='� �_ , ., a • ,.J w r�• � � ' � 3 ;• ` r '. .. � i • • • Amendment * to the Park Plan Baxter Meadows P.U.D. Phase 3 Contents - Cover Letter - Park / Open Space Calculations - Park / Open Space Exhibit P-1 - Pedestrian Bridge Schematic (Plan View) - Pedestrian Bridge Schematic (Section View) - Park Entry Sign Schematic - Park Trails Map Schematic - Revised Irrigation Plans Prepared By: I � • August 16, 2006 s MEMORANDUM TO: Ms. Lanette Windemaker, AICP FROM: Mark Meissn ice. Project Man r DATE: August . 8, 2006 RE: Baxter Meadows Phase 3 Parks Master Plan - Final Submittal Dear Lanette; Please find attached the Final Parks Master Plan for Baxter Meadows Phase 3. I have included four sets of binders prepared by ourselves in conjunction with Peaks to Plains Design. I have also included the construction drawings and specifications for Phase 3A,which is the portion we • intend to build and obtain final plat on early this fall. In order to address some of the specific concerns following the Recreation and Parks Advisory Board meeting on August 101h as well as your comments, I have attached an Addendum to the Parks Master Plan and inserted it into the front pocket of each binder. The first two items address the park and open space calculations for all of Phase 3. This shows that we have an excess amount of park and open space available for use on future phases. Exhibit P-1 visually describes these park and open space areas Schematic plan and section for the three pedestrian bridges are included to ensure that the width will be 72" as requested by Ron Dingman. T, D & H Engineering will be preparing actual construction documents for those crossings, which we will submit to the COB Engineering department for review and approval prior to construction. Schematic designs have also been included for the two signs located near the parking lot of the park area. The first is the entry sign and the second is the park and trails map which shows all of Baxter Meadows and the Regional Park. This will be designed so that as areas of the project change, the map can be easily switched out with a current one. Final sign design and location complying with the U.D.O. will be submitted to the planning department for review and approval prior to installation. The recommendation from the Recreation and Parks Advisory Board to include trees in the • open space areas as a developer funded and installed item obviously requires the installation of 3985 Valley Commons Drive Bozeman,MT 59718 (406)586-9922 0 FAX(406)586-9921 additional irrigation. We are currently in the process of updating those irrigation plans and they are • expected to be complete Tuesday, August 22"d. Upon completion, I will provide four sets of these which can be inserted into the approved Park Master Plan. We will be providing an additional well on the north end of Phase 3B to service some of those trees, and also installing a drip line to each of them. The last concern from and Recreation and Parks Advisory Board was that the north-south asphalt trail which cuts through the mid block locations be increased from eight feet to ten feet. We will construct this at the city standard for ten foot asphalt trails and include it on the as-built drawings we will submit to Ron Dingman following installation of improvements. Thank you for your attention to these matters and please feel free to call me with any questions. • • • i • BAXTER MEADOWS PLANNED UNIT DEVELOPMENT PHASE 3A-FINAL PLAT SUBMITTAL August 29,2006 Please see attached Exhibit P-1 for reference PARK ACREAGE BREAKDOWN (Phase 3A) TOTAL QUALIFYING PARK 9.43 AC Qualifying Park 4.046 AC Converted Private Open Space 3.609 AC Stream Corridor and Setback 1.775 AC TOTAL NON-QUALIFYING PARK 1.974 AC Converted Private Open Space(setback&wet) 0.499 AC Wetlands and 50'Setback 1.086 AC Detention Pond Area 0.173 AC Parking Area 0.216 AC TOTAL PARK PROVIDED 11.405 AC TOTAL PARK AREA REQUIRED 4.086 AC UDO Park Requirements: 129 DWELLING UNITS(PHASE 3A:75 DU;PHASE 313:54 DU)X.03 ACRE/DU=3.87 AC (PLUS 0.216 AC FOR STREET FRONTAGE MAKEUP<672 LF>) TOTAL QUALIFYING PARK AREA 9.43 AC TOTAL QUALIFYING PARK APPLICABLE TO FUTURE PHASES: 5.344 AC • OPEN SPACE ACREAGE BREAKDOWN (Phases 3A&3B) OPEN SPACE PROVIDED(Does not include non-qualifying park areas) 13.214 AC Phase 3A Open Space 9.138 AC Phase 3B Open Space 4.07 AC OPEN SPACE ACREAGE REQUIRED 7.557 AC UDO PUD Open Space Requirements: 20 POINTS REQUIRED(25%CREDIT FOR PUBLIC OPEN SPACE=16 POINTS/%) - PHASE 3A:28.92 AC OF NET DEVELOPABLE AREA X.16 4.627 AC PHASE 36:18.13 AC OF NET DEVELOPABLE AREA X.16 2.93 AC REQUIRED MAKE-UP AREA FOR DEVELOPED FORMER PRIVATE OPEN SPACE(8.14 AC) CREDIT FOR CONVERTING PRIVATE OPEN SPACE(8.14 AC/1.25)TO PUBLIC OPEN SPACE 6.51 AC TOTAL OPEN SPACE REQUIRED 14.067 AC TOTAL OPEN SPACE PROVIDED 13.241 AC BALANCE OF OPEN SPACE -0.826 AC NON-QUALIFYING PARK AREA(OPEN SPACE) 1.975 AC TOTAL PUBLIC OPEN SPACE APPLICABLE TO FUTURE PHASES 1.149 AC TOTAL PARK&OPEN SPACE PROVIDED 24.619 AC • Open Space Conversion of "Equestrian Center" and Park Carry-Over Summary All units in acres Prior to Phase 3: Original Equestrian Center Lot(Lot 1, Block 7, Phase 1) 11.29 (Proposed) Building Site: (0.93) Acreage counted toward Private Open Space: 10.36 Assigned as Open Space in Phase 1: (7.52) Assigned as Open Space in Phase 2C &2D: (0.62) Amount available as Carry-Over: 2.22 Upon plat of Phase 3: Equestrian Center no longer exists Phase 1 needs O/S originally supplied by E.C. Phase 2C/D needs O/S originally supplied by E.C. Carry-over no longer exists Private O/S: Public O/S: Private-to-Public Open Space Conversion: 1 pt./% 1.25 pt./% Phase 1 Requirement: 7.52 6.02 Phase 2C/D Requirement: 0.62 0.50 Total: 8.14 6.51 • Phase 3A Open Space Calcs (all provided as Public): Total Public Open Space (including non-qualifying park): 11.11 (= 9.138 + 1.975) Used to meet Phase 1 requirement: (6.02) Used to meet Phase 2C/D requirement: (0.50) Remaining to meet 3A requirement: 4.60 Used to meet Phase 3A requirement: (4.63) Needed from Carry-Over: (0.03) Current proiect Open Space Carry-over Summary: Public O/S Private O/S Phase 1: - - Phase 2A: 1.26 - Phase 2C/D: - - Phase 3A: (0.03) - Total OpenSpace Carry-Over available to future phases: 1.23 - Current proiect Park Carry-over Summary: Prior to Sub-Phase 3A(1, 2A, @C, 2D): 1.23 Available from 3A 5.34 Total Available after 3A 6.57 • BAXTER MEADOWS - PHASE 2C & 2D - PARK CALCULATIONS Baxter Meadows-Phase 2C S 2D: Subdivision .03% Park Area Calculations AuG ust 2005 ADJUSTMENTS TO GROSS PARK PROVIDED REQ'D AVAILABLE Carry Buildable Lots Watercourse Public Park Provided Park Forward for Phase Gross Area R.O.W. (76)/92 DU Setback Wetlands Parks Phase 2C & 2D Required 2B Sub-Phases 2C &2D 970,192 289,583 1 469,843 67,984 68,953 83,829 152,782 120,226 32,556 JAC 43,560 22.27 6.65 10.79 1.33 1.58 1.92 3.51 2.76 0.75 Carry forward from Phase 1 21,201 SF 0.49 AC TOTAL PARK ACREAGE AVAILABLE TO CARRY FORWARD 63,767 SF 1.23 AC Setback Wetland Park Area,SF 2475 5917 10638 15940 2141 13471 5724 66587 51327 36320 225 SF 57984 68953 83829 Acre 1.33 1.58 1.92 BAXTER MEADOWS - PHASE 2C &2D - OPEN SPACE CALCULATIONS Baxter Meadows-Phase 2C &21): Subdivision Open S ace Calculations Au ust 2005 Open Space Amount Amount (less) Dedicated (less) Net Area for Amount Provided from Provided from Park for Phase Dedicated Open Space Required 16 Provided with Phase 1 Carry Phase 1 Carry Phase Gross Area I 2C &2D R.O.W. I Calc Points Public Phase 2C & 2D Over #1 Over #2 Sub-Phase • 2C &2D 970,192 152,782 289,583 627,827 84,452 57,984 1 26,877 1 4,967 1.94 1.33 0.62 0.11 Watercourse Setback 57,984 Detention Pond included in setback Amt at 16 Points Amt at 20 Points #1 Open Space Needed from Phase 1 Lot 1 Block 7 21,601 26,877 #2 Open Space Assigned from Phase 1 Private A&C 4,967 OPEN SPACE CARRY OVER FROM PHASE 1 SF Acreage Total Phase 1 Carry Over(#1) 123,552 2.84 Total Sub-Phase 2A Carry Over 55,016_ 1.26 rAmount Needed for Phase 2C &2D (26,877) (0.62)' Total Open Space Available to Carry Forward 161,691 3.48 • • • BAXTER MEADOWS - PHASE 1 - OPEN SPACE RE-CALCULATIONS Baxter Meadows-Phase 1: Subdivision Open S ace Re-Calculations August 2005 O en Space (less) (less)Tract 1 #1 Required #2 Required (less) Dedicated Dedicated . Slated for Future Net Area for Open 20 Points 20 Points Required 16 Total Open Space Phase Gross Area 1 Park In Phase 1 R.O.W. Development Space Calc (Private) (Private) Points(Public) Assigned Phase 1 Phase 1 2,898,482.4 161,250 632,055.6 466,527.6 1,638,649.078 451,282 4,967 21,201 477,449 27.54% 0.30% 1.62% 29.46% 27.64% 0.00% 1.62% 29.16% Balance in excess of 20%available to carry forward: 9.16% SF Carried Forward as Converted Park(1.62% Public Amt.): 21,201 SF Carried Forward as#1 Open Space(7.54%Private Amt): 123,552 Note:#2 Open Space-.30% Private Amt. (Assigned to 2C&2D) #1 Open Space areas-20%(1%): Acreage Sq Ft. Lot 1, Block 7 11.29 less Building Site Lot 1, Block 7 (0.93) Sub-Total 10.36 461,282 less Assigned as Open Space in Phase 1 (7.52) 327,730 less Assigned as Open Space in Phase 2C &2D (0.62) 26,877 Total 2.22 96,675 T Available to Carry Forward #2 Open Space areas-16%(1.25%): Private Open Space A 0.13 Private Open Space C 1.07 less Assigned as Open Space Phase 2A (1.09) 47,305 less Assigned as Open Space Phase 2C&2D (0.11) 4,967 Total 0.00 0 Open Space area converted to Park(w/Trail)-16% (1.25%) : Private Open Space B(Counted as Park) 2.70 less Assigned as Park Phase 1 (2.08) 90,496 less Assigned as Park Phase 2A (0.14) 5,915 Totair 0.4867 21,201 Available to Carry Forward BAXTER MEADOWS • BOUNDARY BAXTEROwS P.U.D. PARK / OPEN SPACE - PHASE 3 -MASTER PLAN- Prepared by: Baxter Meadows West,LLC MIDDLE SCHOOL SITE Last Update: 8-15-o6 a Legend: KII�IBERWICKE T� _ QUALIFYING PUBLIC PARK/OPEN SPACE IaMBERMCKEST - a QUALIFYING PUBLIC PARK QUALIFYING STREAM CORRIDOR&SETBACKS ram} CONVERTED TO PARK SPACE 1 (PRIVATE OPEN SPACE AS PREVIOUSLY PLATTED) A I NON-QUALIFYING WETLANDS&SETBACKS 1 FJORD CT 1 OPEN SPACE 1 �7 E El OPEN SPACE PREVIOUSLY PLATTED PRIVATE OPEN SPACE 1 ® 50'WETLAND SETBACK PHASE 3 i CLEDE, O NEW PHASE 3•BOUNDARY ND � � — -- ' ® ® PHASE 3A/3B EXISTING W ■■ BAXTER MEADOWS PROPERTY BOUNDARY W - - -- -`--- - CLINIC PILA.SE 1-PREVIOUSLY PLATTED � PREVIOUSLY PLATT D P - OUS E PRIVATE OPEN SPACE — CONVERTED TO PUBLIC R.O.W.,SINGLE FAMILY LOTS, ' py PUBLIC OPEN SPACE,&PUBLIC PARK El INTERIOR R.O.W. • l'REVTOUS LOT ❑ PHASE 3 DWELLING UNITS BOUNDARY Gj Cr EE:l BEL PHASE 1&2 DWELLING UNITS 1 •AMENDED PLAT OF BAXTER MEADOWS SUBDIVISION P.U.D.PHASE 1,LOT 1,BLOCK 7,&TRACT 1A NOTE: PLANNED TRAIL SYSTEM&DETENTION PONDS NOT SHOWN FOR CLARITY PURPOSES. E `� E UESTRIANLANE DRAWING NOT TO SCALE 0_ N rth Ll - - PARK ACREAGE BREAKDOWN Provided in Phase 1 � ( 3A) i • � TOTAL QUALIFYING PARK 9.430 AC TOTAL NON-QUALIFYING PARK 1.975 AC i TOTAL PARK PROVIDED 11.405 AC -- • 1 UDO PARK REQUIREMENTS \ 1 TOTAL PARK AREA REQUIRED 4.o86 AC d'p OPEN SPACE ACREAGE BREAKDOWN(Phases 3A&3B) • \ 1 PHASE 3A OPEN SPACE 9.138 AC 1 PHASE 3B OPEN SPACE 4.076 AC • - 1 OPEN SPACE PROVIDED 13.214 AC EXISTING 1 DOES NOT INCLUDE NON-QUALIFYING PARK AREAS RESIDENTIAL I UDO PUD OPEN SPACE REQUIREMENTS • -' 1 TOTAL OPEN SPACE REQUIRED 10.852 AC 34 TOTAL PARK&OPEN SPACE PROVIDED 24.619 AC EXHIBIT "FDERS MILL RD P-1 -NNW qIW •E 4 0 AO U1 N O O N y — � Top of Slope (Typ.) m: J — Oo C N n a p) O fD O o 3 :3 N m o N Fj N Appro . 1:1 slope Ap ox. 1:1 slope I 0 0 ^ �, e T n U, cn N m CD `0 Direction of Flow—� m Approx. Ditch Channel y II r co cn > I= o z 1� (D G+ A rox. 1:1 slope App 1:1 slope 0 Top of Slope (Typ.) O v 0 T� M a m m y a 0o C- a o CD co *1=inal Bridge Designs to be submitted to City of Bozeman Engineering Department for review and approval BAXTER MEADOWS PHASE 3A Prepared By: Date Prepared: Proposed Pedestrian Bridge over Baxter-Border Ditch (3 Locations) July 5, 2006 CU ai o L O Q N a a `�' N N 5 c o � cU LD In ` Pedestrian Bridge CU L L 40 . Q ❑ c a E Cn � c CU O CL \12:1 Slo a ADA)- O CIO Q° C L ftP .. Existing Grade N �o ' Existing Grade ICU Silt fence to remain Construct fill on top of slope until reseeded vegetation Water Level to maintain ADA compliance of bridge CD has matured enough to Existing Ditch Bed O and bridge approaches N CO prevent erosion 0 W _ L O N 18" Dia. 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I 06013 I'l41 ill,l��II\\ -_- H I \ ( IF It I I PROJECT NO. '111 I(IIII 1 / - I ' ' `\ \•� i\ I - i 1 H \ I I I ! I 1 , 06013 IRR_2.dw9 0 1,1 II I I I I I I I I - - �' ! .__ _I--_-_ , ` / / \ \`• I 1 1 I I -"3.QA. '., 't — I /-1__-..._I_. FILE NO. `q \ To HA CONTINUE MAIN cownT LINE LOOP, is I I i Illilll \ I TO HE5TCORRIDOR•C3/IR2JmAw 111 \\ _ -- -- -_ ; RP62 PUG (VIR2) ---- - \ \\ III 1111II r '36A i / �\ ♦ y`\ - -- `t ` Y n ,1 ` i•1 ! ? ! 0 °u I I II IlIIIIIII ' ' /I: \� I i y§ N I lil IIIIII i;l ) '31.1 I f lI 7`..- m b<iz \ I // !/• / r 4- II i I I III I � � �I '1 37A Milli Ilpl " ' , , .r 27.6 I IIII I111'(•) r,- •1' - _ - -- - \ -'-- - ---- i d §- ; I •Q�y{�--- l! �f ' I -1-- 9�mka ' �`< . 'l '1— 1`_ _•\ •1 lit I IT '71 r— —/' ilk II� II'Ntill --j/--------- ' - I I 'IIII I _ 1 I'; I I C�t �.-/!-• \\�J• / / I�Illlij� �dV � ' I \ - \ -�-'��_-- \\� _, \`� 11 •, I I I�/ ! 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MODEL• - I POPHUP SPRAY HEADS 6' RAINBIRD 1806•-S4M-PR.41�-155Gi,ISRGB.ISLGS, I! 4%T,155er o 2o-5o pal e*00 POPMJP ROTOR HEA S' RAINBIRD 5505�-2popo4Op.1 IRRIGATION NOTES DS i I,I I I i lv'1I,� I z• ----/` EL[GTRIC CONTROL VALVE 1'J-I/2' RAIIIHIRD IPO/190-PCB-PR4-D-IIP 1. CONTRACTOR SHALL MAKE HIMSELF AWARE OF ALL 4. SLOPE MAINLINES TO DRAIN. r� 1 I(!I III It'111N I_ / .6 l� EXISTING AND PROPOSED SITE CONDITIONS,INCLUDING 10. LOCATE SPRINKLER HEADS TO MINIMIZE OBSTRUCTIONS THAT I II ,Itl / I'LP TO 25&PH OR APPROVED EQUAL PLANTING,GRADING,BUILDING CONSTRUCTION,WATER WILL LIMIT RADIUS OF COVERAGE,CAUSE DRY SPOTS,OVER 111------"YIIIII j! i III I I L S✓ \ •\ f I V2'UP TO 79 GPM DEVELOPMENT,AND SUPPLY,PRIOR TO GOMMENGEMENT OF SPRAY ON BUILDINGS,STRUCTURES,PAVEMENTS OR OTHER WORK. NOTE ANY SLEEVES AND IRRIGATION STUBS FOR WATER DAMAGE. 1-Y O DRIP ZONE CONTROL VALVE I- RAITN3IRD XCZ-dOO OV (COMU H"1BY•C,P51•M4OX-IOO FUTURE HORK. It. CONTRACTOR SHALL BE RESPONSIBLE FOR THE LOCATION, 111Z OR APPROVED ECd/AL 2. CONTRACTOR SHALL LOCATE AND PROTECT ALL MOUNTING AND 120 V.POWER SUPPLY TO THE CONTROLLER AND T OVICK GOUPLESi VALVE 1' RARlBIRD 44 NP OR APPROVED Tx]IlAL UNDERGROUND UTILITIES,CONDUITS,AND STRUCTURES AND CONNECTION TO HATER SOURCE TO MEET FIELD CONDITIONS. O_N SHALL ASSUME.-RESPONSIBILITY FOR ANY DAMAGE INCURRED. COORDINATE INSTALLATION WITH OWNERS REPRESENTATIVE AND `'�J ® MANUAL ISOLATION VALVE LINE SIZE SPEARS 2622 OR APPROVED EQUAL S. THE IRRIGATION CONTRACT INCLUDES SUPPLYING AND OTHER TRADES. ~ I _ NSTALLING ALL MATERIALS AND EOUIPMENT FORA 12. CONTRACTOR SHALL BE RESPONSIBLE FOR FINAL BALANGIN6 E•'I A CONTROLLER A 40 STATION RAINBIRD E5P-4oMc WITH PED-00I6 COMPLETE,AUTOMATIC.IRRIGATION SYSTEM. ANY ITEMS AND ADJUSTING OF COMPLETE IRRIGATION SYSTEM,INCLUDING CONTROLLER B 56 STATION ESP-MMIC WITH PED-0DIb REQUIRED TO CONFORM WITH SUCH INTENT ARE CONSIDERED ROTORS,SPRAYS AND DRIPLINES. 'H�z r L� GONTROLL6N C 56 STATION ESP MIS WITI PED-CID TO BE INCIDENTAL TO THE WORK. is.NO SUBSTITUTIONS HILL BE ALLOI-EO WITHOUT WRITTEN �J 4. THE IRRIGATION PLAN 15 ECHEMATIC.FIELD MEASURE ALL CONSENT FROM THE LANDSCAPE ARCHITECT. ~ AR RELEASE VALVE I-V2' BERMAD 446 OR APU'ROV®EQUAL DIMENSIONS,EXISTING.AND PROPOSED CONDITIONS,AS 14.SEE THE SPECIFICATIONS AND DETAILS FOR FURTHER I I t II n REQUIRED TO PROVIDE GOMF B F SYS LETE AND OPERATEMS. ,�y W 7 MAN LINE DRAIN 5/4' WA SEE DETAIL 4/IR4 5. DO NOT HILLFULLY INSTALL THE SYSTEM WHEN OBVIOUS ��I '' ----- OBSTRI.-TIONS,&RAVE CHANGES Alm SITE GEOMETRY EXIST. I5.SYSTEM WHE DESIGNED ON TI•ff:AVAILABILITY HA 40 VPSIERIFY AND 1- Iti LATERAL LINE A9 INDICATED SLNmx a 40 PVC. SUCH DIFFERENCES SHALL BE REPORTED TO THE OWNERS SS GPM AT THE FURTHEST HEAD. CONTRACTOR SHALL VERIFY ~ IRRIGATION PLAN-HARPER PUCKETT ____-""'"""'E '' wL REPRESENTATIVE. IN THE NOTIFICATION 15 NOT MADE, AVAILABILITY AND COMPATIBILITY WITH THE WATER SOURCE. LU THE CONTRACTOR SHALL ASSUME ALL RESPONSIBILITY FOR V ALL 15 T IRRIGATION PIPE DOWNSTREAM FROM ELECTRIC Ul _SLEEVE LINES b'OR AS NOTED SC.HEDUIJ?40 PVC. ANY NECESSARY REVISIONS. VALVES IS TO BE I60 PSI 9406 POLYETHYLENE PIPE INSTALLED x 7 WITH INERT TYPE FITTINGS AND'OETIKEW DOUBLE CLAMPS. SCALR:1"=4C' —DRIP LINES I-I/4' CLASS I6O POLYETHYLENE PL COS KHEN TLOARINS OUT HEAD PLACEMENT NAB UTILITY I'1. ALL DRIPILATERALS SHALL BE BURIED TO HAVE A MIN. NO SYMOOL DRIP MATTERS ID,2G 6PH RAINBIRD XB-IO,20 1. ALL IRRIGATION INSTALLATION SHALL CONFORM TO COVER OF 10,DEPTH. ALL DRIP TUBE SHALL BE AT SURFACE LINE SIZE PIPE GAP 4 DRAIN LOCAL CODES. UNDER FABRIC AND MULCH OR BURIED AT 4'DEPTH COVER OVER SHEET b. PROVIDE DRIP IRRIGATION TO ALL TREES SHOKN ON THE PIPE IN LAWN•AREAS. 7A ZONE STATION NUMBERd7 DWP ZpWE STATION NUMBER PLANS. SEE IRRIGATION SCHEDULE FOR EMITTER COUNTS. CONTROLLER LETTER COMROLLER LETTER 29.6 GALLONS PER MINUTE(&PH) GALLON PER MOM(&PH) 15—NOZZLE NUMBER e DETAIL NIMBEZ IR 2 6-1MOATION HEAD L.2 SWEET NUMBER I _ _-- -- _----_--- -----_ ----- --_'- -,---�+_; HARPER`RUCKETT ROAD' J to - v00 IIC4 j RIME g- - I -' - I- -I- -II- I I " IIrJD z - - - - L , y Tr " - I r I "E"DRTV,E, J I -r _ r•�. _� _H-�-'t-h�-`'I }i,r —�-\ �./ pNASE 3A N Iw. � _ _i"�.— ,, j u \ o r \ i u SHEET TITLE PROJECT TITLE m o 09Oy 3 r^3 ��a`u��lurr"• I--� IRRIGATION PLAN PHASE 3B z "� m '�" x ' CO3' °��'• •••' °��' NORTH LINEAR PARK BAXTER MEADOWS SUBDIVISION PEAKS TO PLAINSDESiGNE N o m m � _ P�Z BOZEMAN, MONTANA " ° #' G� AND OPEN SPACE �208NORIH. ONTANA'SUIO) BILUNGS.MONfANA 59101 %'f•O (4061 29a9499-(4061 256-7123 FAK p••....••'• W WW.PEAKSiOPINNS.COM C)2006 PEAKS TO PLAINS DESIGN,P.0 'rrrrrn�nw""�,````` JOLENE J. 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IRRIGATION PLAN _ let EAST OPEN SPACE BAXTER MEADOWS SUBDIVISION _ _ a m m PEAKS TO PLAINS DESIGNS ° o N < _ •t Sn2 BO"EM/7 AN, MONTAIVA —208 NORG. ONTANA 5910350 f :P's Ax •. s 81LLINGS.MONTANA 59101 �, (406)294-9499-(406)256-7123 FAX W W W.PEAK5TOPLAINS.COM C)2006 PEAKS TO PLAINS DESIGN,P.0 I� JOLENE J. RIECK • 1 / / 184LAR C DRIP EMITTER SC+63 LE-FOR TREM IN NON-IRRIGATED LAWN AREAS ONLY 1 FINISH GRADE SYMBOL BOTANICAL NAME COMMON NAME EMITTERS _ _ GEAR DRIVEN ROTARY FMISN 6RADE/fOP OF MAl.N ''�'�a C,pC'H'a`•`\`\�� .11=III—III—III' ACM ACER 61NNALA AMUR MAPLE 9-1 GAL. I—III—II WAD A9 5HHOHK-SET AP AGER PLATANOIDES EMERALD OUEEI' EMERALD QUEEN MAPLE 2-2 GAL,I-I GAL. -III—III I III III III TO 6RADE POEM TURF 6'POP-UP-1UST:!PRAY HEAD �I I�• I—III—III III—III—III—I Is1mTABLI51� w=Le '. "'°°m AR ACER RUBRUM NORTHWMD' NORTHWOOD MAPLE _ 2-2 GAL.,1-1 GAL. _III—III—I I I-1 I I—III—III SWIN&PIPIPET 12HNCH LEIH&TH AMA a CM CRATAESUS X MORDENEN515 TOGA' TOBA HAWTHORN 9-1 GAL. DESIGNED BY 2 P6 PICEA 6LAUCA DENSATA BLACK HILLS SPRUCE 2-2 GAL.,1-1 GAL. I—III—III III—III—III- 1 W I =1 11=1 11=' n•MALE HP x.,w INCH BARB AMA PM PRUNU5 MAACKII AMUR CHOKECHERRY 5-I GAL. III ELBOW 1 DRAWN BY —III; —III—III—II PH PANS NIGRA AUSTRUAN PINE 2-2 SAL.,1-1 GAL. —� I I—i I I—IiI- SCH 60 UNITIZED PVC JJR Z 9Y'UN9 JOINT.12'LENGTH P5 PIMY SYLVESTRI9 SCOTCH PINE 2-2 GAL,I-I GAL. I I 1-' CHECKED BY S ' FT FOFVLOUS TREMULOIDES 01JAWN6 ASPEN 5-2 6AL. 45'MAX PVC LATERAL PVC.SON 40 TISe OR ELL 08/24/06 0 OM OUERGII5 MACROCARPA BUR OAK 2-2 6AL.1-1 GAL. IRE PVC,LATERAL PIPE DATE y SIP SALIX PENTANDRA LAN LEAF WILLOW 5-2 GAL. V MALE W.r X MO INCH BARB 06013 TA TILIA AMERICANA REDMOND' REDMOND LINDEN 2-2 GAL.,1-1 SAL. BJ30W PROJECT NO. 0 TC TILIA LORDATA'6REENSPIRE' 6REEN5PIRE LITTLELEAF LINDEN 2-2 GAL.,I-I GAL. SCH 40 PVC T@ 06013_IRR_2.dwg p VH ULM.m MORTON 6LO55Y' TRIUMPH ELM 2-2 SAL..1-1 GAL. OR ELL FILE NO. a 1 ROTOR HEAD POP-UP SPRAY HEAD 1 NOT TO SCALE NOT TO SCALE Y z QZZ 9411'DBY WATERPROOF CONNECTORS OR EQUAL T.4 RECTANSULAR VALVE O X. °P^,� F NISH SRADE/TOP OFO 3 A 3 MULCH '' 1'YA'ACaG1 FINISH #gym$; - PRESSURE REGULAnNs BERMAD , M40TE MODE.gals VALVE Box ASG. 9'MIN. - REDMOTE LONTROL VALVE AIR 4 VACUUM SPECIFIED wG SON So NIPPLE(CA.OSFJ RELEASE LINE SIZE SATE VALVE, BoxTAN6N-AR VALVE wG SON 40 ELL VALVE AS SPECIFIED 7 we 904 60 NIPPLE 0XMTH 2X4* FIN.&RADE ^' A9 REldA NIPPLE IPPL THREAD® O oSr(] BLOCK 0 OP 4) IP%J:,UNE 91ze �Q�r3JR1- 2'X2•x2'SXSXMIPT TEE LINE'912E BALL PVC,SCH BO NIPPLE(2-INCH VALVE,SEE LENGTH,HIDDEN)AND SC 4 40 SCH 40 we UNION ;3 SPECIFICATIONS ELL MAIN LINE PIPE 'MAIN LINE • we SCH 40 TEE OR ELL PVC,9CH 40 MALE ADAPTER PVC,MAINLINE PIPE BLO TH80FJT b'o�TM ROCKa c SCH UNIONS 60 CfJ 51 ROCK ,9i WASH® 3 ELECTRIC CONTROL ALVE 4 AIR.RELEASE VALVE 5 ISOLATION BALL VALVE NV OTTOSCALE NOT TO SCALE NOT TO SCALE a WW�11 /-1 W N ' 1 � W Gcq 1 U w O ' a g/a we ECM 40 UNION FINISH 6RADE 9/4'PVC,SC 4 40 EL 0 OF 2) TAPE BUNDLE ALL WIRIN9 AT 10 FT. ELECTRIC CONTROL VALVE • R INTERVALS.MAKE ALL 9PLIC.E9 TN VALVE ® VALVE BOX W/cOVER q 60)e5 4 LOCATE ON A5-WILT PLANS. TIE A LOOSE 20 PT.LOOP IN WIRINS AT W I40NDUII ALL GIANSE9 IN DIRECTION GREATER DIRECT BI1RY \ FINISH GRADE a FINISH GRADEWma "No �lxlow T14AT 90 DE6R MS. UNTIE ALL LOOPS AFTER MAKING CONNECTIONS. 9/4'PVC,9GH 40 PZIDUGNS MALE OLI OR��ANGGUULLAR IN BOX - I I—III I I PLACE ALL WIRMB.UNDER PAVEMENT CONDUIT. AND E9 "MI TAPTEt 0 aF ^ SC+0371LE SO PVC,THREADED III -III—I I THROUGH 5L�VE5 IN CONmUIT. LOOP PVC.PIPE TO DI5CHARSE TO A NIPPLES,LENSTH AS REQUIRED CONTRACTOR HAS,THE OPTION TO SINGLE RAINfiIRD MAXI-PAW W M _ -_� I —I I M TRENCH OR PULL PE.DRIP LATERAL. 2Da9A-9AM HEAD q W SGHEDLIE 40 PVC 1: LINES,PROVIDED A MINIMUM COVEL DIRECT BURY PLAN 9'MIN.DEPTH OF 5/4 INCH WASHED U FITTINGS,TYPICAL I I -I -I I I—I I I- e.en or 10'CAN BE 6UARANT®. _ &RAVEL Z MAINLINE I— I—I I —III FINISH GRADE VFINISIH O PIPE —III -III -III—III a o o a i I. III—_III. III—III 1=1 P I I—III— LATERAL E'W _ _ _ I='III=III=i'I I=III I I =1 -III=1 I MAINLINE a� Y/4 RHwc PIPE(S-4WH LENT) 120V WIRE USNAKELATERAL PIPE IRRISATION MAIN LINE IN COIl SEMIDUIT IN TRENCH U NOTE: AUTOMATIC COMPRISED FILTER KIT 1COMPRISEDTV2WC,SCH 40 MALE ADAPTER W PLANS OF Y-FILTER.REMOTE CONTROL VALVE,5/4' UNION R(2)5/4'ELLS AND I'X9/4EI=IH9 MALE x ADAPTER 1 • �, QUICK COUPLING VALVE 7 TRENCH & BEDDING Q AUTOMATIC FILTER'KIT SHEET U NOTTOSCALE / NOT To SUE V jII NOTTOSCALE I IR6 • I _ JOLENE J. RIECK 184LA 1841.AR ; f•i '/rll rlll llr FINSH ORADG NOTM J I. ALL PIPES ARE TO BE G8ft13mip AMA a ON T IQWT BLOCKS. DESIGNED BY Z 2.CONTRACTOR 15 RESPONSIBLE FOR L7 ADEGMIATE CON5TaJGTINS THRUST AMA W PVC SOH 40 ELL BLOCKS IN ALL PIPING INSTALLATION DRAWN By CJ PVG 24/4 80 NIPPLE - A- THRUST BLOCKS NOf REQUIRED ON uJ PVC SG11 40 GOUPLINS DIFtT199R.BU6 GM 2-1/2'DIA AND SMALLER LATERALS. JJR aZa WATERPROOF CONNECTIONS y4'D15TRIBUTION SECTION A-A CONCRETE CHECKED BY a RBGTANBULAR VALVE BOX TUBING '.1 70P OP MULLN OR FINISH }'4'TV91NS STAKE, TILT BLOGICS 08/24/06 O GRADE DO NOT PENETRATE r�Y DATE PVC,SON 80 NIPPLE ROOT BALL N PE un3u.L PIPE 0601E PVG SGH 80 UNION FOR SI PRESSURE ACL— � A I PROJECT NO. � SERV1GING ASSY. - I PVC SON 40 MALE ADAPTER COR•iPENSATINe /—_MITTEI;4 SEE —I P 06013_IRR_2.dwg N 5*MIN.OEM ROCK F3i MN15 RRII&ATION r-II "'•. III- FILE NO. U BLOCK 0 OF 4) SGNEDULE FOR I— <y-, ,... _ PIPE TEES M ELBOPO i FLOW ":::, >"'5::F"`<��- SIZE PLU69 22-V2• 45• 90' IKLIHE PRESSURE RE-6ULATOR I-- —.:`—I I z a REMOTE CONTROL VALVE "—III=1 I I-III-III A B A B A' IS V2111. _ 2-4' 24' 12' 9' 12' A` 12'BNL ��ILTI3t �> b' S5' ID' 12' 18• 24' 18'I. PLACE E341TTER(5)AT TIE BASE OF TI@ 8' 40' 24' I6' 24' 90' 24PVNLINE ROOTBALJ_ 5ff 9CIEDULE FOR TIE TOTAL NUMBER 10' SO' 9020' 40' 90' O P V PYG 5G 1 40 TEE OR ELL OF EMITTERS AND FLOW FUR PLANT. 12- 61* %' 18' 90' %• SO' 8T' %' z PVG SGH 80 NIPPLE(2-INCH LEN&TH 2. SPACE MLLTIPLE EMITTERS EVENLY AROLtNV THE �-y 43 a g HIDDEO AND PVC,SC, 40 ELL ROO7BALL c, D...1 o 1 DRIP ZONE CONTROL DRIP EMITTER PLACEMENT THRUST BLOCKS vvvF g�=, 1 NOT TO SCALE NOT TO SCALE NOT TO SCALE m$3 51--1 10'ROUND Fri �y • VAL VE BOX s'MIN. A 5'MIN. 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P/LISF 7 I w H _ _ 6z F .8ac '^gG �3 a� a9, '3an N ' a y �Na in° 5 �'° I i I O ® ► • yQ g@ g HE c 'v' �3 0,0 Q�°� Lo> 8m~ � -�"a a `'do ?jc xu� HQ$"'.Uri Zak 3ga: off € � a a F F - - � �� m� �� g s' - �g� 80'0�: �smg ga —�— o o o s € � � 8m m $A 5 10 V�a va aeso moo" =ems F gg y mto = z m O o 8�� Z C GSun All »o o 3$ _ 'yd'oas5' s mZ{,.• < N oDI m3 3 nag S 2 go > o0 85•' 11 •" O >�m O �2 � '� a S - LI �• • a zm o Sm �g � o g s° �8'• •'y�g oho m�. Q � 1n o � �"� �Slmm g. R 0' S- oo°- $9 $R gc p > >� oyg9g g. to 'S$ „ 'aay�.8 p �nm 9 ' �Zogg� 1�pp a� ao sBGY C 3- CA �° =8 v;liq O mm o m u 3 0 ,S e�w x8 3 ° 6g ��z6oc8 '^^ goo 6 a _ � o� §N • ng sg a'sao �z Q� kl momgR. y c= ry 9= o - g ! ;atIN o � ZZ o� [7 A go� n Oz I I DF DEDICATION I(we), the undersigned properly owner(s), do rtYy that I(we)hove caused to be surveyed, subdivided and plotted � PLAT OF BAXTER MEADOWS SUBDIVISION, PHASE 3 into lots, black,, streets,and allay!,and other and dedi BLO 7 AND TRACT lAcations.as shown by the plot hereunto included, the AN AMENDED PLAT OF BAXTER MEADOWS SUBDNISION P.U.D. PHASE 1, LOTS 1 & 2, following described tract of land. to-wit: A parcel of land being Lots I and 2. Block 7 of the Final Plat of Baxter Meadows Subdivision P.U.D. Phase 1 (J-353).and a portion of Tract IA of the ALSO INCLUDING A PORTION OF THE REMAINDER OF TRACT 2A OF CERTIFICATE OF SURVEY NO. 2202A STATE OF Amended -]SJA,and( ) o portion of the remainder of Tract 2A of Certificate of Survey No. LOCATED IN THE SOUTHWEST QUARTER OF SECTION 34. TOWNSHIP 1 SOUTH, RANGE 5 EAST, P.M.M.• County of 2202A,all being Plat of'Baxter Meadows Subdivision,P.U.D. Phase i,Tract 1 J m the Southwest 0-ter of Section 34,Township I South,Range 5 East.P.M.M.•City of Bazemon,Gollatin County, Montano•and said CITY OF BOZEMAN, GALLATIN COUNTY. MONTANA parcel being more particularly described as follows: On this_day of 200 L_,before me the undersigned Beginning at the southwest corner of Tract A of the Amended Plat of Boxler Meadows Subdivision P.U.O. Phase 1.Tract Ik the following 5 courses being j',f'RDFlCATE OF COMPLETION OF IMPROVFMENTc If Notary Pudic for the Stole of presently appeared known to me to be the o/Big Sky Western Bonk along the southerly line of said Amended Plat: thence North feet.89'52*48'c East,alone the south line of said tract,a Distance 4 739.38 feet to the point le I,Michael E.Potters Paring.t and I,ere Pr fe Clinton,Vice Prgtense bolo of Patter Clinton Development,Montt. t and the erson whose n e is subscribed to the within instrument and nature of o e to the right,having:a radius of 180.00 feel,a central angle of 11'S9b5 a chord bearing o/South 84'07'40"Eoal and o Chord length Inc.,one I,Keith E.Waring,o registered prolesatanol wgineer IrcmaM to practice in the Slola of Montana, acknowledged to me that he executed the within instrument for and on behalf of • of 37.58 feel:thence along the arc of said Curve an arc length of 37.65 feel to the point of tangency: thence South 71rO8'07"East,a distance of 130.44 hereby c d;y that the following;mprov-me.squired to meet the h,qubemenla of this title Or as o CONS NT OF MOR7 AGFUS] feel to the point of curvature of a curve to the felt.having:a radius of 120.00 feet.o central angle o/ 12'09'S6',o chord bearing of South 84'13'OS'Cost condition(s)of approval of the PUT OF BAXTER MEADOWS SUBDIVISION.PHASE 3A have been installed In Sig Sky Western Bonk. onfamanca with the approved can. one apecNicatiwr. I(we),the undersigned m rt o IN WITNESS WHEREOF,I have hereunto set my hard and affixed my Notarial Seal the and o chord length 01 25.43 feet; thence along the ore of said curve an arc length of 25.48 feet to the point of tangency;thence North 89'41'S7"East,o 9 0 9 gee(s),a°hereby join in and consent to the distance of 222.69 feel to the northwest corner of Kimberwicke Street as dedicatee on the Plat of Boxler Meadows Subdivision.Phases 2C& 2D: WATER SYSTEM IMPROVEMENTS.SEWER SYSTEM IMPROVEMENTS,STORM OPAN.ROAD IMPROVEMENTS.AND SIX described plot.releasing my(our)respective liens,claims or encumbrances day and year first above written. SUBDIVISION THE SITE GRADING FOR PHASE 3A INTERIOR SUBDSION IMPROVEMENTS. as to any portion of said lands now being platted into roads•avenues, thence South 00'l7'46'East, along the west Fine of said plat of Phases 2C&20.a distance of 65.53 feet to the northeast comer of Private Open Space parks,or other public uses end dedicated to the use of the public forever. B al the Find' Plot o/Baxter Meadow!Subdivision P.U.D.Phase 1;the following 4 courses being along the northerly westerly end southerly boundary of said Completion Ws Allowing items is financ;olly guaranteed and;s covered by the improvements agreement Notary u ,e or e State o Phase 1 lot: thence South 8TSV31"West, a distance of 316.59 feel; thence North 6Y08'07'West.a distance of 78.38 feet; thence South 89'52'48"West, °C` Doted this_day of 200 (SEAL) Printed Nome p °T ° Residing at a distance of 355.00 feet;thence South 00'25'02'West,o distance o/412.28 feel; PHASE 3A INTERIOR IMPROIEMENTS: 5'WIDE SIDEWALK IN/4'CRUSHED FUSE);DEAD ENO BARRICADES; My Commission expires STREET SIGNS;CURB BULB DEUNEATORS;CURB BULB PAINTING:DETENTION POND PIPING,RIPRAP.AND By: Big Sky Western Bank thence North 89*56'15'East•along the south line of Open Space C and along the north fine of Lot 2 of said plat.o distance of 270.69 feet to the EROSION CONTAINMENT TOPSOIL&SEEDING;STREET LIGHTING:PARK IMPROVEMENTS:-0 REMAINING SITE igno ure CONSENT OF MORTGAC•EE(51 northeast corner of said lot and the westerly right-of-way of Rialto Road;the following 7 courses being along the westerly,southerly and easterly GRADING. right-of-way of said road: thence along a non-tangent curve to the left. having:a radius of r850.00 feet, a central angle of 14'06'27 a chard bearing o/ BAXTER LANE IMPROVEMENTS' ame an ,e I(we).the undersigned mortgagee(,)or encumbrancer,do hereby join in and consent to South 06'49 42"East and a Chord length of 208.76 feel; thence along the arc o!said curve an arc length o! 209.29 feet to the point of tangency of so;d 1 MOBILIZATION,TRAFFIC CONTROL.EARTHWORK.ASPHALT CONCRETE PAVEMENT curve:thence South 1J'S2'S6"East. o distance of 56.45 feel la the point OI curvature o/a curve rlo the right, having:a radius Of 520.00 feel,a central SURFACE COURSES,CURB AND GUTTER,SIDEWALKS,SEEDING,RIPW.-STRIPING.AND ROAD SIGNAGE. the described plat, releasing my(our)respective liens,claims or encumbrances as to any portion of said lands being plotted into streets.avenues.parks. or other public angle of 44.39*17 a chord bearing of South 0825'56"West and a chord length of 395.09 feel;thence along the arc of said curve On arc length of 405.27 OAK h 1oTH 1YIPROVEMFNTS• MOBIUZATION,TRAFFIC CONTROL,TRAFFIC SIGN&WORK,SIGNING AND STRIPING CURVE TABLE areas which are dedicated to the City Of Bozeman for the public use and enjoyment. feet to the point of tangency of said curve; thence South 30'45'JS'west,o distance of 26.39 feel; thence South 59'14'25'East.o a;slon<e of 60.00 feet; AND ROAD IMPROVEMENT WORK. Doled this_ day of 200_ thence North 30'45'35'East.a distance o/ 26.39 feet to the point of curvature of a Curve to the left, having:a radius 0l 580.00 feet,a central angle of Th.aubd'm0ar Hereby warrants aga;nat detects;n food;mprwemenb for o0 0l o 08'44'12 a chord bearing of North 26'2}'29'East and o chord length of 88.35 feet;thence along the Ore of said curve an arc length of 88.44 feet to o dale of accept.... there of.;..t n.the aub0;v;aer a peri ne year from the by y emote posxasiw of all Public;nlradrueture point on the southerly right-of-way line of Equestrian Way; improvements to the City of Bozeman,and the City hereby accept,possession of all NR•F ( S DELTA ANGLE ARC LENGTH 010R0 BCMNG CNORO ICNGIx public inlrmbuetur° 1a0.00'C1 37.63' ]7.Sa' Signature FIRST INTERSTATE BANK ° 11'S9'o3' N6•'OT•Ow thence o non-tangent course of South 78'23'OS"East.along said southerly right-Ol-wa improvement°.subject to the ewe Indicated.errantly.y,a EiStanee o/ 128.65 feat to the northwest comer of lot iJ. CI i2moo' -'so, 25.48' Se4'13*ME 25.43' Block 5 of said Phase 1 plot; thence South 0018*34'West, along the west line of said lot•a distance of I16.23 teal la the southwest corner of said lot; CS asmoo, 14-06'27• p9z9• So 9'42% 20&76• PrintedName an ice thence North 89'41'46'East, along the south line of said lot and along the south fine of Lot 12, Block 5 of said plot, o distance of 240.03feet la the By: Michael E.Palter Data: C4 520., 4c]91T 4a9.2r NW2Y5a'E N5.09' STATE OF southeast corner of said Lot 12: thence North 0020'O3'East•along the east line of said lot,a distance of 106.71 feel to a point on the southerly CS right-of-woyr of Equestrian Lane;thence North 89'41'57'East•along slid right-of-way a distance o!34.35 feet to the northwest corner of Lot I1.Black 5 seo.aa 8•+'12' ee.44' N2C23'I9T aeJS' Count of of said plat;thence South 00'18'21'East,along the west line of Lots 5 through 11 (in reverse order)of sold Block 5,a distance of n599.01 feet to a point BY, Thomas L Clinton Date: Ca le/A0' 63']5'ae" me.M' N]r4r3TV 19•.9r y n the north right-of-wcy line of Bottler Lane;thence South 89'50'59'West,along said right-of-way a distance o1 992.77 feet;thence South 06'18'08' v 1zo.oa* 962a40" 201.7131 SIT24'45"E I7as., On this_day of 200 ,before me the undersigned East, a distance of 50.29 feet to the south line o!Section 34;thence South 89'50'59'West,along said section line,a distance of 619.54 feet to the By: Montana Lk.No.15161 PE Date: Ca tm.00' l,.59'as• 25.10• Ne4.O7'.0`w 25.06' Notary Public for the State of ,personally appeared , oulheosI comer er of o plat recorded on Page 207 of Book 148 of the Gallatin County Records;thence North OT01'46'West,along the east line of said plot, 330.00' nl•]e'SS' 6g.90' Ne4•I1']3w 66.7G' known to me to be the at RRSf INTERSTATE BANK o distance at 2.8.95 feet to the northeast corner of said plot:thence South 8T46'37'West,along the north line 0f said plat and along the north I;ne o/ CIO 1e0.00' Ir09'56' U.22' Se4'ITO3E 3e.15' antl the person whose name is subscribed to the within instrument and Tract 5 of Certtricale o!Survey No. 2202.a distance of 632.51 feel to a point on the west line of Section 34; thence North O(r24'37"East•along sold �'' Director of Pudic Service Dole ell .7o.ar s0:36" 41.23' S97`36'24E 41.22d acknowledged to me that he executed the within instrument for and on behalf of C12 1sJ0.m' I 154.2.' 131.02' NeT32'4ew 1..be' FIRST INTERSTATE BANK. section line.a distance of 580.42': 1 STATE OF MONTANA C13 1.7o.., 1 4-5A'2.' 1zs.a9' M7`32'.'o 125.65'thence through the fallowing 12 courses: County of Gallatin C14 =.Do' FOV36" IN WITNESS WHEREOF,I have hereunto set my hand and affixed my Notarial Sell the 46.50' Wr36'24T 46.49' Cla 2830.00' a,viv 9.54' SOt'.21 E 9.5s' day and year first above written. thence North 90'00'00"East•a distance of 110.00 feet;thence North 00'24'37"East•a distance of 90.00 feet;thence North 90.00'00'East,a distance of On this_day of 20 before me the undersigned Clb 2e00.00' r13'S3' 110.22' SOJJI'2]E 110.21' I}0.26 feet;thence along a non-tangent curve to the tell with o radius o/2820.00 feet.a central angle of 1'01'08 an ore length o/50.14 feel,o chord Notary Public for the Slate of Montano,personally appeared Michael E. Potter, Ct) 11N1 o0' a27,23, 932' SOS1 r27E 932' o dry u IC orInc Store o bearing of North 04dl9'05'East and a chord length of 50.14 feet:thence on a non-tangent course of North 90'00'00'East,a Distance of 783.49 feet; known to me to be the President of Potter Clinton Development. Inc.. CIO (SEAL) Printed Nama thence South ITIB'28'East, a distance of 15.39 feet;thence along a curve to'the right with a radius of 2030.00 feet•d central angle of 1'02'43',and° 21 130' 1'35']]' 32.52' S00421 3I.52' Residing at the Managing Member of Baxter Meadows West,LLC, Ct9 2e30.00' r1:M' t10A]' SO iF.E I1092' M Commission ex arc length al hence lest.thence on o non-tangent course.6 North then 15"East,o distance W of 101.22 feet;thence North thence S"West,' distance of Y D'res 177.06 IeeF,Thence North Ot'S0't a"West,0 listened°/60.66 feet;thence North O6'31'17"West,a distance OI 603.66 feet;thence North 89'S2'48'East,o and the person whose name is subscribed to the within instrument and c2o 2e3o.ao' I1SSYa• )e.ea Sda]O'NE 7e.eo' d;atance of 68.36 leer to the Point of Beginning, acknowledged to me that he executed the within instrument for and on behalf of Czt 2ee0.00 nVI9' Clorox' NOa44.59w 11o.d1' C RTIFl AT OF a rRVEYOR Baxter Meadows West, LLC. C22 2assfoo, 1'M'.0' S..te' NprW'49w U.1s' The described parcel ConloiM 52.24 acres, more or less. The described panel is as shown on the accompanying plat and is along with and subject to any C23 IBTO.00' 71.'N' 1 11136' Noc3.'mw 1t.2: 1, the undersigned.Steven C.Anderson,Professional Land Surveyor•do existing easements. r IN WITNESS WHEREOF.I have hereunto set my hand and affixed my Notarial Seal the u4 2ee0.00' a43'31• 36.74' hereby certify that on or between October 13,2004&June 2, 2006.1 N0441]ST 36.74 undyed the PUT OF BAXTER MEADOWS SUBDIVISION,PHASE 3A.and day and year first above written. C23 2580.00' r1 V27' 110.12• NOr38'O2T IIQtr The above described tract Of land is to be known and designated as the PLAT OF BAXTER MEADOWS SUBDIVISION. PHASE 3A,City of Bozeman,Gallatin plotted the some as is described and shown on the accompanying plat County.Montana;and the lands included in all streets,avenues,alleys r and parks or public squares shown an said plat are hereby granted end eta ta7o.ao' StY22" 11a2]' -"32w 11O.3r or certificate of survey in accordance with the provisions of the Montana donated to the City of Bozeman for the public use and enjoyment. Unless specifically listed herein• the lands included in all streets.avenues.alleys. (SEAL) Notary Public or a aeo C27 la7tz-' FOd"ll' 3e.39' NOa13'Sow Me 9' Subdivision and Platting Act. §76-3-101 through 76-3-625.M.CA.and and Darks or public squares dedicated to the public are accepted for public use, but the City accepts no responsibility for maintaining the same. The Printed Name C28 Izo.00, W00'37' 1e6.42' S.sz9v2E 16e.23' the Bozeman Unified Development Ordinance. nets(!) agree(,) that the City hoe no obligation to maintain the lands included in all streets•avenues, alleys, and parks or public squares hereby Residing It C2a IM.o0' 731'09• 75.55' SOV4yNE 7544' dedicated to public use. The lands included in II streets•avenues,alley!, and parks or public squares dedicated to the public for which the City My Commission expires C]0 2820.00' a3.'.o• 422.19' Iwlq.'It E 421.7g' I further certify that all m cols will be gel upon Or prior to accepts responsibility for maintenance include: BAXfER LANE, HARPER PUCKETT ROAD,EOUESTRWd LANE. DANUBE LANE, ANDALUSIAN Ut 1e0.00' BSo]'3t' 29e.6.' S.r2a'15E 265.34' completion of construction oar when reasonable w the-related site AVENUE,KIMBERWICKE STREET.ARABIAN AVENUE, RIATA ROAD,THOROUGHBRED LANE.and DRAFTHORSE DRIVE. STATE OF MONTANA j conditions exist, but no later than May 31,2007. County o/Gallatin 02 1W.., WOOb0' 292,74' S45'00•00•E 254.56' The undersigned hereby grants unto each and every person, firm,or onrporolion, whether public or privates providing or offering to provide telephone, cis 1M.W' 9v00'ao' lasso' S4yao'OOE 169.71' electric power, gas. ;nternel,cable telev;sion or other.similar utility or service. the right to the joint use of on easement for the construction. On this_day of 20 before me the undersigned 074 27e.do' 11•SabS' s..74• Na.•11'SSw 54.s4' Dated this_day of .200 • maintenance.repair and rem val o!their lines and other facilities. in.over.under and across each area designated on this plat as 'UTILITY EASEMENT' Notary Public for the State of Montano, Personally appeared Thomas L. Clinton. C35 learn' Bazl'40" ]O2.Be' SI7'2:4at 2W.26' even erson CJ6 tzo.o0' (sil"UB' ,3756' NSr47'M W 129.9e' Santana License n 12251 l5 to have and to hold forever.w known to to be the Vice President of Potter Clinton Development, Inc., CJ) 203000' I.,. 70.62' Ndr31'14w 17856 the Managing Member If Baxter Meadows West,LLC. C38 z030.00' ='W' 126.27' NOS31'3]w 126.25' Doled this_day of 200_ and the person whose name is subscribed to the within instrument and CJ9 f'ERTIFl A OF CO NTY TR At R R Owner. GESKE PROPERTIES. LLC acknowledged to me that he executed the within instrument for and on behalf o! 27)O.Da e'42'o9 4s.57' Sly]r26V .2a37' 9 C41 00.00' 2ylg']9' ".Srr NSr35'I6w 78.92' 1,Kimberly Buchanan,Treasurer of Gallatin County,Montana,do hereby Baxter Meadows West, I.I.C. at leo.m' 2ytg']9' 79 N2T35'Sew )e.sr certify that the accompanying plat has been duly examined and that aft C42 1wool l4.35'47• 46.90' N0727'S3w 1.77- real property taxes and special assessments assessed and levied on the Name IN WITNESS WHEREOF,I have hereunto set my land and off,Yed my Notarial Seal the C43 szo.0o' g19.36' 2.96• NIX4.3's4w 2.96' land to be subdivided have been paid. Signature Printed I e day and year first above written. CM 520Aa I1.3V25' 105.19' NIa45']6T IOS.D1' j Dated this_day of , 200_ G5 520.00' 111.32-dez 168.z.. NW'le'O7w 167.47' t STATE OF MONTANA (SEAL) °ary Public r e to e a c4e 1sw.00' al3'17' 5.91• It County of Gallatin Nea's3'22w as: Printed Nome C47 I5se.a0' : *37' 12d.14' MY31.45w 120.11' On this_ day of 20 before me the undersigned CONSENT OF MORTCAGEFISI Residing at C4a IS]0.00' trey..' 4.97' Deputy rea3usr Nes•n•1tw 4sr My Commission expires C49 1470.a0' 1.23.39' ]3.9t• eorla'mv 33.9: ) CERTIFICATE OF EXCWSION FROM MONTANA OEPARTM NT Notary Public for the$Iola of Montano, personally appeared _________-__. I(we),the undersigned martgagee(a) r ncumbrancer,do hereby)din in and cwaenn to the describes let.releasing s t I;ena,claims or encumbrances as to C50 t47O.0U' S30.25" ...9Y Nsw50's6w W.99' OF ENVIRONMENTAL CUALITY REVIEW known to me to DB the _� _�_ of Ceske Properties.LLC., p q my(our)spec ive arty and the person whose name is subscribed to the within instrument and portion of aoia lands now being plotted into atreela,wenu a,parks•, other public C!t 12]0.00 aN'Se' 12SV SOa17'29E 12.51• P areas.Well are ded;c°tad to the City of Bozeman for the puw;a ua and enjoyment. C52 1230.00' rse'11" e3.w' S02'e3'04E 63A3' The PLAT OF BAXTER MEADOWS SUBDMSION.PHASE 3A.Gallatin County. Montano, acknowledged to me that he executed the within instrument for and on behalf of Doted this_day of ,200_ is C53 2820.00' a2:58' ..or NO.T1e'41w W.46' within the are of Bozeman.th Bozeman Montano.grow o policy Class municipality,and within Ceske Properties, I.I.C. C54 2e20.00' 1ve'•D 9a.aY NOZ I:t9V go,o7' the planning area of the Bateman growth policy which was adopted pursuant to C55 zm.w' 1'37'32' W.01' NOa2r39w SODA §76-1-601 et seq.. MCA. and can be provided with adequate storm water IN WITNESS WHEREOF,1 have hereunto set nand and affixed Notarial Seal the DRST NATIONAL BANK a MOHfANA INC. ure drainage and adequate municipal wfocilities. Therefore,under the provisions of my my C56 2e20.00' 1.3)'J)" eo.OY NOr2]'OSt ep./)' day and year First above written. CS) 2820.00' 1.3r4a' rill NO•'00'49E W.20' §76-4-125(2)(d) MCA. This subdivision u excluded from the requirement/0r one Name anTill. Cie 2820.00' a13'52 1-7' No4'36'35E 11.3r Montana Department of Environmental Quality review. (SEAL) Notary Public for the State of MONTANA STATE OF as 2e2o.00• ru•o9' sd.Or NoasraT so.or Printed Name County of C60 tea.do, IC.'t)' 52.01' SOJ 13,07E S1.e3' Dated this day of ,200 Residing at MY Commission expires On 1, _day of 200_.Delore ma the undersigned C61 180.00. 1T,9129' Sa.30' S2a•6'2)E 50.04' Notary Flbfi(a Ua State al penomlh,ppearee Cas 1s0.o0' Ia19'29' 60.71' S 24248E 60.41' Cfi1 1amo0' 2a0:21' e]a8' S59'2:46T 62.)4' DOtCd this dayOf 200 and b ma b ee Uie M in; ILA71m. Ban 6 I40MANA NC. C,,ecofr BOzemOnG Montana d lne person whaae Mona is aubearib<e to the wdhin inalmment ono CW 1eO.00' Ia]J'00' M.3e' Sffi.]'30T fi4.21' Owner: BAXTER MEADOWS WEST, LLC aek-edged to me that he aaecrlad the within;-um-for and on behalf of C63 le0.00' 2VIB'02 79A4a' Str39'O1T 78,8: FIRST NATIONAL BANK OF MONTANA.INC. Cite 180.00' 25'26'ZO 79.92' S]6'01'12E 79.26' DIRECTOR OF PUBLIC SERVICE By: POTTER CLINTON DEVELOPMENT,INC.,THE MANAGING MEMBER OF BAXTER MEADOWS WEST.LLC IN WITNESS WHEREOF,I have hseunt°set my hand wa affixed my Notarial Seal the CONSENT OF MORTC.AGFFIei C67 'Is000, 25'1)']0' 79.46' SB]'23'07E 76.e1' CERTIFICATE OF day and Year first above written. I(we).the undersigned mortgogee() cumbranc°r•do hereby join in and consent to C66 'flow 1r3B'OB' 43.8s' S82r.,.E 43.75' 1, Director of Public Service.City of Bozeman, Montono.do hereby certify the described plot, aI...;ng my(our)respective liens,clr;ma or en umbronces as to any C69 120.0T ea24'21• 169.M' S4a 12•I IE 134.92' =the accompanying plot has been duly examined and have found the dry u is r e o a portion of aoia rondo now being plall<0 into atreela,a doll a,parka�° other Ovblic C70 120.00' 9'35']9' 20.09' SBS'12'11T 20.OT same to conform to the low,approve it.and whereby accept the dedication 4 oe Potter, rest en Thomas in ice res,en SGC P nbe Name w °rem which os dedicated to the City of Bozeman Iwvlhee W;c Mae and to the City b Bog eman for the public u of any and alllands shown° ( ) Res;d;ng o1 Y pu enjoYmenl. C]I 2030.00' 009'13' 3.48' NOa04']7w SAfi' 1 the plot as being eedicoled to such use n Doted this_ day Of . 200_ My Commtae;on..PMea Dated this_day of ,200_ C72 20.IO.Oa r]:o0' 8.9.OY KI'21.14w 59.02' e. C73 2030.Oa r29'14' WAY NOr47'52w ..12,Owner: BAXTERow MEADOWS DEVELOPMENT, L.P. C74 2»d.0a D05'sY 4.80' Sdr]9'22T 4so• Dated this_day of 200 Formerly known as W.B.C.,L.P. YMfAH,CIAaNNtt S9W1CF Wfd[0.gON C75 2770.00' 1.51'42' se.00' =38•111 90.00' By: BAXTER MEADOWS CONSTRUCTION, INC.. CONSENT OF MORT.A.F(S) non rue CIO 2770.00' 1'3:42' amoor SO4.29'yT 90.00' we or O Public Service Y C77 2770.00• 1'51'4]' s0.w S0521'ssE 90.00' City al Bozeman•Montano General Partner I we.the undersigned mortgage,(,) r nc by join in ohs STATE OF ( ) t. live lies dl here and c ent to C)e 3770.OD' 1.51'42' 90.00' SOat3'IeE an on. the described plan,show b my(our)......osee liens,clr;ms or....mbther m to any County of Cyy CERTIFICATE OF RK AND R ORD R 2770.00' t'09'IO' SS.e6' SOr.3'MT ss.ae' portion re i,n of, fonds now being plottedCi .1 8 mar,,wenu a.pods'.w olhaan public I,Shelley Vance.Clerk and Recorder of Gallatin Count Montano,do .Nell a dedicated no the City 1 Bozeman for theeWM;c a and jeymenl. On tAa_day of 200_,before me the under,;fined Ce0 2030.a0' 1'02'4]' 3).OS' S0a4)'O7T ]).O]' Y y, By; Gerald R.Williams. President .1 20]0.00' rJt.07. 89.24' W600'12w 89.23' hereby certify that the foregoing instrument was Filed in my office of Doted lhia day of 200 low. Pv6Fc la the Stole of A perawwlh aM.-d C82 2D20.00' I'01.OB' 50.14' N04'19'05% 50.14' --__o clock, _M.,this____day of __-_____--_, 200__, COR to to bs the f uONINN COMMU^I,t FINANC[ and recorded;n Book_ _of Plats. on Page as STATE OF MONTANA CORPORA7ON and Iha parson whose name;s subacrlbed tr Iha within; Irumenl and C6J 320.Oa T31'12• 6a.z5' S2sSB'39w Be.20' -- -• County OI Gallatin U.S.SMNL BUSINESS AdKNSTPATCM -"-ledged 1°me that he executed the w;lh;n;mlrument for-an behalf of Document No. Records of the Clerk and 'gn°ure MONTANA COMMUNITY FINANCE CORPORATION. Recorder,Gallatin County,Montano. On (his_ dory of 20_, before me the undersigned rid a ame an a IN WITNESS wNEREOF.I bore hereunto set my hone and Mince my Notarial Seal the Notary Public for the State of Montano, personally appeared Gerald R.Williams, STATE OF day chat seer first above written. PARK DEDICATION AREA CALCULATIONS (SQUARE FEET) Deputy Clerk and Recorder • known to me to be the President of BAXTER MEADOWS CONSTRUCTION.INC.. County of Notary u ,< or the aeo A NOT CREDITED CREDITED TOTAL the General Partner OI BAXTER MEADOWS DEVELOPMENT, L.P., On-;I_doy of .200_,be(nre me the unde,1;9.,d (SEAL) and the person whose name is subscribed to the within instrument and Pnnled Nome WATERCOURSE AND WETUwO Newly Public I.,the Slats el ,persona Masid;ng t 5.452 34152 a cknowledgetl to me that he executed the within instrument for and on behwll of 6Y°pp°p1� y Commission eepirea TACKS BORDER DITCH - aDMI to to be Ina of U.S.SMALL ;th;.;5 B SETBACKS EAST LEG OF OIICN 108670 108670 BAXTER MEADOWS DEVELOPMENT,L.P. ADMINISTRATION,and the heron weoac name; subscribed to the w;lb;n if of and and SHEET 2 OF 2 516ph3oPLAT.dwg acknowledged to me that he execulee the w:lh;n s;nslrumenl 1rr and on behdl of C SETBACKS FOR WEST LEG OF DITCH 69101 _ 69101 NOT WITHIN EAST LEG SETBACKS IN WITNESS WHEREOF, I Hove hereunto set my Wend and affixed my Notarial Seal U.S.SMALL BUSINESS ADMINISTRATION. DRAWN BY: eb,sa DATE: 8/11I06 OUALITV CHECK: D STORMWATER FACIUTIES NOT �'� SURVEYED BY:.,: sit JOB NO. 806-016 FIELDBOOK 130114.73 the day and year first above written. LY vndNESS wfi,.t ib 1 owe hereunto set my none and allisea my Noloriel Seal the WITHIN WEST LEG SETBACKS 7534 _ 7534 d° "°°"i31°°°"°"' t THOMAS DEAN & HOSKINS INC. (SEAL) NOlory ublit r the tote o N A E PARKING AREA 9a12 - 9.12 TD& t 9 ) ) Printed Name a °ary ° °° F REMAINDER _ 2a1419 z.)s9 1 ENGINEERING CONSULTANTS Residing al (SEAL) Printed Name Rea;aing al My Commission expire, My Commission exp;s. TOTAL 860a7 410581 496628 GREAT FALLS-BOZEMAN-KALISPELL MONTANATON S WISTO WASHI IOAHO LEWISTON IDAHO ' t 4 ff • • l 1 ', • �I 1 I f �+i ' � I 1 � � A 4 _ ' � � I I i� 1`1 t i ' i � i r • e 1 � � 1 k � { i I � i ' r F h E i I i i s •i 1 � ARTICLES OF INCORPORATION • FOR BARTER MEADOWS WEST PROPERTY OWNERS ASSOCIATION, INC. • • ARTICLES OF INCORPORATION FOR BAXTER MEADOWS WEST 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 Baxter Meadows West 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 Baxter Meadows West 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 "Baxter Meadows West 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 10, accordance with the requirements for an Association of owners charged with the Page 1 of 5 • 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, without 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, 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 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 within the Community. This membership shall be automatically transferred upon the 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 maybe 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 three 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 declarant 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 32006. Thomas L. Clinton, Authorized Agent State of Montana ) ) ss. County of ) Subscribed and sworn to before me this_day of , 2006,by Witness my hand and official seal. Notary Public • Residing at: t 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 , 2005, by David R. Finegan. Witness my hand and official seal. Notary Public Residing at • My commission expires: • • DECLARATION OF BAXTER MEADOWS WEST PROPERTY O WNERS ASSOCIA TION • TABLE OF CONTENTS • ARTICLE 1. Page SUBMISSION/DEFINED TERMS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Section 1.1 Submission of Property . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 Section 1.2 Name and Tyne . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 Section1.3 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/Acknowled ents . . . . . . . . . . . . . . . . . 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 RigJit 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 Negli ence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 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 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 Section 6.3 Annual Assessment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 Section 6.4 Special Assessments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 Section 6.5 Commencement of Assessments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 Section 6.6 Effect of Non-Payment of Assessments . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 Section 6.7 Lien Priority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 Section 6.8 Working Fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 Section 6.9 Owner's Negligence of Misconduct . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 Section 6.10 Supplemental Assessments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 Section 6.11 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/Architectural Review Committee . . . . . . . . . . . 16 Section 7.3 Landscaping Covenants and Restrictions . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 Section 7.4 Plat Restrictions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 Section 7.5 Guarantee for Open Space Presentation . . . . . . . . . . . . . . . . . . . . . . . . . . . . 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 Unsi tliness . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 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 Mortgaging of a Lot . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 Section 7.23 Rules and Regulations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 Section 7.24 Alleyways . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 Section 7.25 Declarant's Use . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 Section 7.26 Use of the Words Baxter Meadows West and Baxter Meadows West . . . . . Property Owners Association, Inc and Baxter Meadows Master Community • Association . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 • 0 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 Remaly and Communication . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 Section 8.7 Variances . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 Section 8.8 Ri tto 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 Ri ts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 Section 9.3 Riphts 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 Ri ts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 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 Mana iinniAgent 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 FHANA 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 BAXTER MEADOWS WEST 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 ExhibitA 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"Baxter Meadows West 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"Baxter Meadows West 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 "Baxter Meadows West Property Owners Association, Inc." Page 1 KkBaxter Meadows\General Admin\2006 Docs\Baxter Meadows West CCR's re saved Sept l l 2006.wpd • Section 1.3 Pro pert . 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 Baxter Meadows West Property 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 "Baxter Meadows West,"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\General Admin\2006 Docs\Baxter Meadows West CCR's re saved Sept 112006.wpd i 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) "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. U) "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 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. • Page 3 HABaxter Meadows\General Admin\2006 Docs\Baxter Meadows West CCR's re saved Sept 11 2006.wpd • V) "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. W) "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. X) "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 EnLyment/Acknowled ents. A) Every Owner shall have a right and easement 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 Common 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 of.the Association, upon approval of at least 67% of the total Association vote, to mortgage the Common Elements as security for that purpose, provided, that the rights of such mortgage shall be subordinate to the rights of the homeowners; Page 4 H:\Baxter Meadows\General Admin\2006 Docs\Baxter Meadows West CCR's re saved Sept 11 2006.wpd 0 • 6. 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; 7. the right of the Association to transfer or convey ownership of the Common Elements, or any portion thereof, subject to the prior approval of 67% of the total Association vote; 8. the right of the Association to change use of, add or remove improvements to the Common Elements. 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 Page 5 HABaxter Meadows\General Admin\2006 Docs\Baxter Meadows West CCR's re saved Sept 1 l 2006.wpd 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. 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. Everyperson 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 Master 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 Page 6 HABaxter Meadows\General Admin\2006 Docs\Baxter Meadows West CCR's re saved Sept 1 l 2006.wpd 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. 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 i 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. Page 7 HABaxter Meadows\General Admin\2006 Docs\Baxter Meadows West CCR's re saved Sept I l 2006.wpd 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. 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 of breaching 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 Page 8 HABaxter Meadows\General Admin\2006 Docs\Baxter Meadows West CCR's re saved Sept 112006.wpd it i 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. ARTICLE 4. LOTS AND COMMON ELEMENTS Section 4.1 Number of Lots. The number of Lots initially included in the Community is one hundred twenty-nine(129). Declarant has the reserved right to create and add additional Lots up to a total of one hundred fifty(150)Lots or such larger or smaller number as established by local government. Section 4.2 Common Elements. The property described in Exhibit D including Open Spaces A,B,C,D,E,F,G and H, as recorded on the Plat Map, and any improvements thereon are the initial Common Elements within the Baxter Meadows West 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. Portions of the Common Elements may be designated by Declarant as a part of a Lot or as a Limited Common Element to a Lot or Lots. ARTICLE 5. MAINTENANCE Section 5.1 Association Responsibility. The Baxter Meadows Master Community Association shall repair, replace, improve and maintain the Common Elements and public open spaces within the Baxter Meadows West Property Owners Association(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, common light fixtures, common sidewalks, stormwater facilities and common pathways. Public park areas dedicated to the City of Bozeman shall be maintained by the Baxter Meadows Master Community Association until such time that a city park maintenance district may be established. Page 9 HABaxter Meadows\General Admin\2006 Docs\Baxter Meadows West CCR's re saved Sept 11 2006.wpd Section5.2 Association Discretion. The Baxter Meadows Master Community Association shall, in its sole discretion, ascertain whether any given maintenance obligation is the duty of the Master Community Association and is necessary. The Baxter Meadows Master Community Association shall, in its sole discretion, assume the obligation for repair or maintenance of other exterior features not expressly included in this Declaration. The Master Association, in its sole discretion, shall determine the time and manner in which such maintenance shall be performed as well as the color or type of materials used. Section 5.3 Common Area and Facilily 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 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 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. 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. • Page 10 HABaxter Meadows\General Admin\2006 Docs\Baxter Meadows West CCR's re saved Sept 11 2006.wpd • i 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 notified as soon as 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 appurtenant thereto. 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. Such maintenance shall include, but not be limited to the • following: 1. all paint, repair, replace, maintain and care for roofs, gutters, downspouts, fences,patios,decks,balconies,railings and exterior building surfaces on each Lot. 2. owners shall be responsible for maintaining water and electricity to any automatic sprinkler systems,timers,clocks or related equipment,as located in or on their Lot; 3. all glass surfaces, windows, window frames, casings and locks; 4. all lights, exterior light fixtures and exterior light bulbs on each Lot; 5. any patio,balcony, yard or deck enclosure, and any fence or wall enclosing a patio,balcony, yard or deck; 6. 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; 7. all vehicular driveway and pedestrian walkway surfaces on each Lot; 8. any Association approved additions or alterations made by the Owner to the Lots. Page 11 HABaxter Meadows\General Admin\2006 Docs\Baxter Meadows West CCR's re saved Sept 11 2006.wpd • 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 Ne li ence. 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 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,F,G &H), 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 Page 12 HABaxter Meadows\General Admin\2006 Docs\Baxter Meadows West CCR's re saved Sept 112006.wpd 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. Section 6.4 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 maybe 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 6.5 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. • Page 13 HABaxter Meadows\General Admin\2006 Docs\Baxter Meadows West CCR's re saved Sept 11 2006.wpd • Section 6.6 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 recover a money judgment for unpaid Assessments, charges or fees, or monthly or other installments 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 estop 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 6.7 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. • Page 14 HABaxter Meadows\General Admin\2006 Docs\Baxter Meadows West CCR's re saved Sept 11 2006.wpd Section 6.8 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 6.9 Owner's Negligence 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 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 6.10 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 6.11 Borrowing. 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. Page 15 HABaxter Meadows\General Admin\2006 Docs\Baxter Meadows West CCR's re saved Sept 1 12006.wpd • • 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 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) . Page 16 HABaxter Meadows\General Admin\2006 Docs\Baxter Meadows West CCR's re saved Sept 11 2006.wpd Section 7.3 Landscaping Covenants and Restrictions. Within six months 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 Owner. 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. Section 7.6 Lot Maintenance. A) Vacant lots shall be maintained by the Owner at the Owner's expense in accordance with these Covenants, including mowing for fire safety and the control of noxious weeds. If a lot must be cleared of weeds,mowed,or otherwise maintained and the owner fails to do so after notice from the Association, the maintenance functions shall be performed by the Baxter Meadows Master Community Association,and the cost and expense associated with such maintenance 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. • 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. Page 17 HABaxter Meadows\General Admin\2006 Docs\Baxter Meadows West CCR's re saved Sept I 1 2006.wpd • 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 Section, 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, Storage 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; • 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 maybe 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 anykind 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 Page 18 HABaxter Meadows\General Admin\2006 Docs\Baxter Meadows West CCR's re saved Sept 11 2006.wpd 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 ofvehicle,trailer or boat,maybe 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 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. Page 19 HABaxter Meadows\General Admin\2006 Docs\Baxter Meadows West CCR's re saved Sept 11 2006.wpd • 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 Storage. No clotheslines, equipment or storage areas shall be so located on any Lot as to be visible from a street and/or public view. 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. 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. Page 20 HABaxter Meadows\General Admin\2006 Docs\Baxter Meadows West CCR's re saved Sept 11 2006.wpd Section 7.14. Garbage/Refuse. There shall be no incineration or burning of garbage,trash 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. i 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 i Page 21 HABaxter Meadows\General Admin\2006 Docs\Baxter Meadows West CCR's re saved Sept t 12006.wpd • 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 Unsigbtliness. All unsightly conditions, structures, facilities, equipment, objects and conditions shall be enclosed within an approved structure. Section 7.20 Restriction on Sims and Advertising Devices. Signs shall not be permitted on the private,public, or commonly-owned lands within Baxter Meadows West Property 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. • Page 22 HABaxter Meadows\General Admin\2006 Docs\Baxter Meadows West CCR's re saved Sept 11 2006.wpd Section 7.21 Restriction on Sale of a Lot. The right of an Owner to sell, transfer or otherwise convey their Lot shall not be further restricted or subject to any right of first refusal or similar restriction. Section 7.22 No Restrictions on Mortgaging 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 Baxter Meadows West 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. AlleyEays. Each lot owner shall maintain the alley right-of-way adjacent to the owner's property. Such maintenance shall include, but not be limited to, picking up and appropriately disposing of debris and garbage, mowing and 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 Baxter Meadows West and Baxter Meadows West Property Owners Association,Inc.,and Baxter Meadows Master Community Association. No resident shall use the words Baxter Meadows West or Baxter Meadows West 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 H:\Baxter Meadows\General Admin\2006 Docs\Baxter Meadows West CCR's re saved Sept 11 2006.wpd • ARTICLE 8. • BUILDING AND LANDSCAPE REVIEW COMMITTEE I 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 of Building 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. I 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 Baxter Meadows West 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\General Admin\2006 Docs\Baxter Meadows West CCR's re saved Sept 11 2006.wpd . M Section 8.5 Architectural Guidelines. The Baxter Meadows West Property Owners • Association BLRC may propose changes and additions to the Baxter Meadows West Property Owners Association Building and Landscape Design Regulations and Guidelines from time to time, which changes and additions shall be approved by the Baxter Meadows West 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 Rip-lit 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 Meadows\General Admin\2006 Docs\Baxter Meadows West CCR's re saved Sept 11 2006.wpd Section 8.10 Liabili . 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 Rights. 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 enlarge or reduce the Common Elements and to create additional Lots, subject to the limitations set forth in Section 4.1 of this Declaration; C) 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; D) the right to exercise any additional reserve right created by any other provision of this Declaration; E) 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. Page 26 HABaxter Meadows\General Admin\2006 Docs\Baxter Meadows West CCR's re saved Sept 1 l 2006.wpd • 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 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; F) the right to amend the use restrictions included in this Declaration,together with the right to add new use restrictions; G) the right to amend the Declaration in connection with the exercise of any development right; H) the right to amend the Maps or Plats in connection with the exercise of any development right; I) 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 J) 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\General Admin\2006 Docs\Baxter Meadows West CCR's re saved Sept 11 2006.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 the 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 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 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. 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\General Admin\2006 Docs\Baxter Meadows West CCR's re saved Sept 11 2006.wpd • • 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 HABaxter Meadows\General Admin\2006 Docs\Baxter Meadows West CCR's re saved Sept 11 2006.wpd • 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 Liabilitv Insurance oftheAssociation. 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\General Admin\2006 Docs\Baxter Meadows West CCR's re saved Sept 11 2006.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. I 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\General Admin\2006 Docs\Baxter Meadows West CCR's re saved Sept 1 12006.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 H:\BaxterMeadows\General Admin\2006 Docs\Baxter Meadows West CCR's re saved Sept 11 2006.wpd ARTICLE 11. GENERAL PROVISIONS Section 11.1 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\General Admin\2006 Docs\Baxter Meadows West CCR's re saved Sept 11 2006.wpd • 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\General Admin\2006 Docs\Baxter Meadows West CCR's re saved Sept 1 12006.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 11.4 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. Section l l.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 may be 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. 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 Is Page 35 HABaxter Meadows\General Admin\2006 Docs\Baxter Meadows West CCR's re saved Sept 11 2006.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 H:\BaxterMeadows\General Admin\2006 Docs\Baxter Meadows West CCR's re saved Sept 11 2006.wpd B) Lot owners and residents of the subdivision are informed that adjacent uses may be 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 HABaxter Meadows\General Admin\2006 Docs\Baxter Meadows West CCR's re saved Sept 11 2006.wpd • IN WITNESS WHEREOF, the Declarant has caused this Declaration to be executed by its duly authorized agent this day of ) 2006. 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 2006. Witness my hand and official seal. Notary Public for the State of Residing at My Commission expires: Page 38 H:\Baxter Meadows\General Admin\2006 Docs\Baxter Meadows West CCR's re saved Sept 11 2006.wpd EXHIBIT A • DESCRIPTION OF PROPERTY A parcel of land being Lots 1 and 2, Block 7 of the Final Plat of Baxter Meadows Subdivision P.U.D.Phase 1 and Tract 1-A of the Amended Plat of Baxter Meadows Subdivision P.U.D.Phase 1, Tract 1, all located in the Southwest Quarter of Section 34, Township 1 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. • i • Page 39 HA13axter Meadows\General Admin\2006 Docs\Baxter Meadows West CCR's re saved Sept 11 2006.wpd • 0 EXHIBIT B i 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\General Admin\2006 Docs\Baxter Meadows West CCR's re saved Sept 11 2006.wpd 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. Page 41 HABaxter Meadows\General Admin\2006 Docs\Baxter Meadows West CCR's re saved Sept 11 2006.wpd • EXHIBIT D INITIAL COMMON ELEMENTS WITHIN BAXTER MEADOWS WEST, MAINTAINED BY BAXTER MEADOWS MASTER COMMUNITY ASSOCIATION f DMI)LE SMOOL BPIF' I junamolmm XZWMMWZ= I l t 1 IUMDCr� I FETU S CLAQICINICG Q 4 UYLANN � f — I \ I EXISTINGRFSMENTM /� \ - -------------------- ----------- - -, Dedicated Park-Owned by the City of Bozeman,maintained by Baxter Meadows Master Community Association. (11.4 ac) Public Open Space-Owned and maintained by Baxter Meadows Master Community Association. (12.9 ac) ■ Boulevards on Harper Puckett,Baxter Lane,and where fronting park or open space, Owned by the City of Bozeman, maintained by Baxter Meadows Master Community Association. (1.9 ac) • Page 42 HABaxter Meadows\General Admin\2006 Docs\Baxter Meadows West CCR's re saved Sept 1 12006.wpd BAXTER MEADOWS WEST PROPERTY OWNERS ASSOCIATION • BUILDING AND LANDSCAPE DESIGN REGULATIONS AND GUIDELINES • TABLE OF CONTENTS ARTICLE I. Introduction,Purposes and Definitions Page Section 1.1 Introduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .1- Section 1.2 Purposes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .1- Section 1.3 Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . -1- ARTICLE II. Architectural Control Process Section 2.1 Intent . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . -1- Section 2.2 Standards for Review . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .2- Section 2.3 Approval or Disapproval by Building and Landscape Review Committee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .2- Section 2.4 Inspection of Work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .2- Section 2.5 Design Submittal Inclusions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .3- Section 2.6 Start of Construction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .3- Section 2.7 Completion . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .3- ARTICLE III. Building and Site Development Section 3.1 Intent of Design Criteria . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .3- • Section 3.2 General Regulations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .3- Section 3.3 Density, Allowable Uses. Allowable Areas and Setbacks . .4- Section 3.4 Height Limits . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .5- Section 3.5 Minimum and Maximum Dwelling Sizes . . . . . . . . . . . . . . . . . . . . . . .5- Section 3.6 Foundation Design . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .5- ARTICLE IV. Building Guidelines Section 4.1 Intent . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .6- Section 4.2 Roofs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .7- Section 4.3 Roofing Materials . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .10- Section 4.4 Gutters, Down Spouts and Flashing . . . . . . . . . . . . . . . . . . . . . . . . . . .10- Section 4.5 Roof Mounted Equipment and Ventilating Roof Protections . . . . . . .10- Section 4.6 Exterior Walls . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .10- Section 4.7 Decks, Balconies and Porches . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .11- Section 4.8 Garages and Parking . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .11- Section 4.9 Energy Considerations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .11- Section 4.10 Exterior Lighting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .12- • page_I_ ARTICLE V. • Site Development and Landscape Guidelines Section 5.1 Topography . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .15- Section 5.2 Driveways and Driveway Culverts . . . . . . . . . . . . . . . . . . . . . . . . . . .15- Section 5.3 Sidewalks . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .15- Section 5.4 Kennels . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .15- Section 5.5 Fences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .15- Section 5.6 Outdoor Storage and Privacy Screening . . . . . . . . . . . . . . . . . . . . . . .18- Section 5.7 Antennas and Satellite Dishes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .18- Section 5.8 Utilities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .18- Section 5.9 Temporary Structures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .18- Section 5.10 Solid Waste . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .18- Section 5.11 Construction Debris, Materials Storage and Clean-up . . . . . . . . . . . . .18- Section 5.12 Recreational Vehicles . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .19- Section 5.13 Mail Boxes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .19- Section 5.14 Landscaping . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .19- Section 5.15 Landscaping Maintenance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .19- Section 5.16 Trees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .19- • II • Page-2- ARTICLE 1 • INTRODUCTION,PURPOSES AND DEFINITIONS Section 1.1 Introduction. These are the Building and Landscape Design Regulations and Guidelines of Baxter Meadows West 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 Baxter Meadows West 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. Section 1.3 Definitions. 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 allow as much flexibility as possible 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. The unique design elements of the Developer, Building Contractor, Architect, Home Builder, and Owners for both the landscaping and the buildings will be respected, and individual expression is encouraged, provided they are harmonious with the overall plan of the Project. On behalf of the Baxter Meadows West 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 upon the Lot until a site plan, floor plans, elevations, exterior details, and general specifications showing the design, location, material (s), and color (s) together with the name of the contractor shall have been submitted to and such site plan specifications are approved in writing by the BLRC and or its assigns. • Page-1- i w 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 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. • page-2- Section 2.5. Design Submittal Inclusions. • A A site plan, depicting all improvements, including but not limited to setback line s, structure(s), driveways, walks and decks. Scale shall be 1/8" = F-0" or similar engineering scale. B) 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'-0". C) Samples of all exterior materials with their respective color proposals in an adequate size to evaluate properly. D) A review fee will be 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 $200.00. Section 2.6. Start of Construction. There shall be no construction work initiated without a building permit issued 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 fo Bozeman for a building permit. The submittal requirements for review 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 Baxter Meadows West 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 Amended Plat of Baxter • page-3- s Meadows Subdivision P.U.D. Phase 1, Lots 1 & 2, Block 7 and Tract 1-A, 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 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. A) Density. No more than one (1) single family residence may be built on each residential lot. • B) Allowable Uses: Each 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: 1. Any person from pursuing his or her calling upon the lot or dwelling unit owned by or occupied by such person, if such person primarily uses such lot or dwelling unit for residential purposes 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. 2. 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 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. • Page-4- • C) Setbacks. Each lot in Baxter Meadows West 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, these setbacks are as follows: • Front 15 feet • Sides 5 feet • Rear 20 feet For all corner Lots, these setbacks are as follows: • Front 15 feet • Side adjacent to street or open space 15 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 DwellingSzes. A) Minimum. Each lot shall provide the minimum living space exclusive of garages, decks, porches, and carports of 1,800 square feet. • B) Maximum. The maximum building size is 6,000 square feet exclusive of accessory structures. 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 design. Basements within lower-lying areas are strongly discouraged. Typical Lot Grading Cross Section �I rt,� 0 � a m m :, 30' � 15' 3" Asphalt Pavement / 39' L 2% Lot Slope Vories Concrete Curb and Gutter • Page-5- • ARTICLE IV BUILDING GUIDELINES Section 4.1. Intent. The intent of the following Building Guidelines is to provide for a degree of continuity throughout Baxter Meadows West while allowing personal taste in choice of housing style. 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 eclectic styles of housing found in the surrounding developments, 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 Baxter Meadows West is specifically intended to create a traditional neighborhood feeling and friendly streetscapes. Baxter Meadows West is to be a neighborhood of tree lined streets, prominent front porches and quaint traditionally styled homes. Garage doors are to be specifically subdued by recess or other design which results in garage being subordinate to principal facade. The homes are to be designed to reflect the aesthetic and lifestyle values o the older traditional neighborhoods of Bozeman 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 and roomy front porches with depths of a minimum of 6' - 8'. • 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. • Appropriate use of exposed beams, contoured rafter tails, natural looking roof materials, stone/brick accents, traditional 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 "Bungalow", "Craftsman", "Country Style", or "Cottage" type houses prevalent in the earlier history of Bozeman. • "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. These criteria outlined above will be of paramount importance in the review and approval process of house plans by the BLRC. Baxter Meadows West has been master planned to include three residential lot types which require specific house design configurations, including: • Page-6- 0 • A) Lots Backing to Harper Puckett and Baxter Lane. To ensure an attractive appearance of the Baxter Meadows West community as viewed by the public utilizing Harper Puckett and Baxter Lane, the improvements located within those particular lots backing to Harper Puckett 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. 4. For lots at the intersection of two streets, houses shall have the entry 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 Baxter Meadows West. 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: • Page-7- c.).)r rCF,� I 000r rCFva OR— TC,_r ciM-aFY rile-•- AM- ( _ - I� 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. 4" • 40-V - .!!A® t®1P Xv1L� ll ��rLA�lU�1A1. 11�1g1�®i � n 1Vll1.Cf A1pJ�W 11IlLC11Y1LL�LV ll �La�� ll 1Ca��A1 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. Q Secondary Roof Structures. Dormers, skylights, chimneys and solar collectors • are considered secondary roof structures. Dormers and most other secondary roof Page-8- 0 • 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 any 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. MIN.6" FASGA 18'MIN FINlBiiED SOFFIT TYPICAL 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. • Page-9- 0 0 • 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. Unpainted gutters, down spouts or flashing will not be allowed. 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 stacks shall exhaust to the exterior of the building, and not into the attic, crawl space or basement. The 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. Log homes shall be considered. A) Material. Acceptable wall cladding materials are natural and manufactured stone and brick, synthetic or wood siding which is painted or stained, and stucco. Vinyl siding, and aluminum siding may be acceptable provided it is of high quality and effectively simulates wood materials, but will only be considered on a case by case basis. 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. Trim 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 brick, natural stone, stucco, or wood framing when the finished wood material is the same as the siding. • Page-10- • 0 • 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: • 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. • Page-1 l- Section 4.10. Exterior Li hting_ i 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 al 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 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 enough to 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. • Page-12- RESIDENCE t Acceptable �• ,• Street Light Location Acceptable Sheet Light Location TYPICAL LIGHTING DETAIL AT ENTRY WALK TYPICAL LIGHTING DETAIL AT DRIVE 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 (6) feet measured from the top of the sidewalk adjacent to it to the bottom of the light fixture itself. • Page-13- Standard Enfty Light �27A it 2Y Fixture Specifications: Model-1116/wml 1/pm9/3stp8/53-41 Finish-#53 Rust Glass-Clear Mounting-Pole Mount Lamping- 100 Watt Incandescent Dimension-As Specified Voltage-"%77 • Or as Otherwise Approved by BLRC 6' • Page-14- • ARTICLE V 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. Minor adjustments to the homesite and landscaping after initial construction shall not require submittal of plans. Minor adjustments shall include replacement of dead or dying vegetation and the addition of trees, shrubs or other landscaping features providing that such additions are consistent with the Site Development and Landscape Guidelines. Section 5.1. Topography. All site plans must indicate surface drainage patterns. Section 5.1. Driveways and Driveway Culverts. Construction and maintenance of all driveways and driveway culverts shall be the responsibility of the owner. All driveways and parking areas shall be surfaced with asphalt or concrete. Section 5.2. Driveways Swale Prohibitions. No lot owner shall fill or obstruct the natural flow of any borrow ditch or drainage swale with the exception of the materials placed for the location of the driveway culvert. No borrow ditches may be filled. • 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 Baxter Meadows Master Community 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. In general, kennels are discouraged in favor of the "invisible fence"system. Kennels shall not exceed 300 square feet in size, and shall not be higher than six (6) feet. Kennels shall be built of the same building materials as Privacy Screening and all kennels and dog runs must be placed within the area allowable for rear yard fencing, however, chain link kennels may be allowed if they are located within a rear yard which is fully privacy- fenced. Kennels shall be attached to the dwelling in order to provide as much aesthetic appeal as possible. All kennels and dog runs must be approved by the BLRC prior to construction. Section 5.5. Fences. Fencing of front yard areas shall not be allowed, and only rear yards shall be permitted to be fenced. • Page-15- • 0 • A) As depicted on the following diagram, on all Lots, fencing extending from the rear yard toward the front of the house (within the side yards) shall not extend past the mid-point of the house and garage nor encompass more than one-half of the overall distance of the front to back distance of the yard. BAXTER MEADOWS WEST ■ LOT SITE PLAN ■ - ---------- ---- Rear TiI� d n I' i n � 4 4 f House Footprint I` -- - Fencing extending from the rear yard toward the front ofthe house shall not extend past the midpoint of the house • 1 i and garage. ---�----- _Front -------�--------- r a Seale In Feet B) Fences constructed upon any Lot with rear or side boundaries adjoining park or open space shall be of an open picket design, and shall meet the specifications stipulated in the following diagram: • Page-16- • 0 • NOTE: X ALL FENCE MATERIALS SHALL BE OF VINYL OR POST SIZE AS OTHERWISE APPROVED BY THE BLRC, IN COLORS OF OFF WHITE TO CREAM 3'-5' PICKET WIDTH 2'-3' SPACING BETWEEN PICKETS N It~ O N O �a MAX POST SPACING o W f�� 1 Y �U ' a Q Fences constructed upon all other lots, which are not adjoining park and or open space shall meet either the specifications described above, or as follows: • NOTE: ALL FENCE MATERIALS SHALL BE OF VINYL OR 5'X5' MIN AS ❑THERWISE APPROVED BY THE BLRC, IN POST SIZE COLORS OF OFF WHITE TO CREAM 5' MIN PICKET WIDTH HORIZONTAL SECTION 5' MIN u ICKET WIDTH w x 0 J B MAX POST SPACING VERTICAL SECTION • Page-17- D) All fencing shall be of vinyl material, or other material as may be approved by the BLRC, in colors of off-white to cream. 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, covered porch, or outbuilding/garden shed, so as to be invisible from neighboring owners and the street frontage when not in use. Such structures shall be architecturally compatible with the material and color of the residence. Privacy screens will be allowed but must be constructed of siding (to be of the same material and color the main building), stucco, 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. 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, electric ity, 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. • Page-18- • 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, and all owners are required to maintain their grounds. Landscape, grading and irrigation plans shall be submitted and approved by the BLRC concurrently with the completion of the home, and all Lots must have underground irrigation systems servicing the entire area of the Lot installed upon initial landscape installation. In locating bushes and trees, consideration must be given to surrounding neighbors concerning view corridors. Rock and gravel type ground covers will not be allowed as a general surface finish, but may be allowed for limited areas around tree and planter areas. A) Lots Backing or Sidingto Harper Puckett and Baxter Lane: To ensure an attractive appearance of the Baxter Meadows West community as viewed by the public • utilizing Harper Puckett and Baxter Lane, the rear and side yards of residences adjacent to Baxter Lane and Harper Puckett 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. Section 5.15. Landscaping Maintenance. Lawns and landscaping shall be maintained at 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. Section 5.16. Trees. Lot Owners shall plant a minimum of ten (10) trees per lot, and such trees shall be planted with initial landscaping installation. Within the front yard boulevard areas (between the sidewalk and the property line), Lot Owners shall plant deciduous trees of either ash or maple varieties at intervals of thirty (30) foot, and all trees within the boulevard areas shall be a minimum of 1-1/2" caliper trunk dimensions. Three (3) of the minimum ten (10) required trees shall be conifers, and these coniferous trees shall be not less than six (6) feet in height. Page-19- • A) Trees are encouraged to be planted in clusters rather than at regular intervals around the property. Deciduous trees and shrubs can be placed on the southern and western side to provide shade in the summer months and allow sun to penetrate to the building during the winter months. Suggested deciduous trees are Aspen, European Green Birch, Patmore Ash, Rocky Mountain and Big Tooth Maple, as well as others recommended by the City of Bozeman. Suggested evergreen trees are Colorado Spruce, Lodge Pole Pine, Engleman and White Spruce, Subalpine Fir, and Scotch Pine. IN WITNESS WHEREOF, the Declarant has caused this Declaration to be executed by its duly authorized agent this day of , 2006. 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 Agent, of Baxter Meadows West LLC, this day of , 2006. Witness my hand and official seal. Notary Public for the State of Residing At My Commission expires: • Page-20- ARTICLES OF INCORPORATION • FOR THE BAXTER MEADOWS MASTER COMMUNITY ASSOCIATION 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 The definitions set forth in the Community Declaration for Baxter Meadows Master Community (the "Community Declaration") shall apply to all capitalized terms set forth herein, unless otherwise defined herein. ARTICLE 4. NONPROFIT 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 l of 7 Master Articles,FINAL.wpd 0 •� 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 Association or services provided to or from the Community Association. (e) To promote the health, safety and welfare of all Owners in the Association and of the Community and to provide and maintain a desirable community and environment for all Owners, tenants, guests and members of the public within the Community. (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 • 0 . • 1 Section 5.3 Restrictions Upon Purposes and Powers/Campai ns. 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. The Members may be of such classes of membership as established by the Community Declaration, as the Declaration may be amended or supplemented. ARTICLE 7. REGISTERED AGENT The current principal office of the Community Association is 3985 Valley 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, FINAL.wpd •j 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 allowed for in the Community Declaration may be made only in accordance with Montana law and the Community Declaration. Page 4 of 7 Master Articles,FINAL.wpd • 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 the Owners at the date of dissolution, as a part 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 Page 5 of 7 Master Articles,FINAL.wpd •�) IN WITNESS WHEREOF, the undersigned has signed these Articles of Incorporation this Zf:''`-'day of \r'pyYj-Y\b&r- , 2005. Thomas L. din ion State of Montana ) JJ� � ) ss. County o -riz-6�cc, ►`n ) Subscribed and sworn to before me this day of September, 2005, by Thomas L. Clinton. Witness my hand and official seal. Notary Public Te+-7—r c Residing at Z?e4ytcL4L My commission expires: c v S i • Master Articles,FINAL.wpd . CONSENT OF REGISTERED AGENT The undersigned hereby consents to the appointment as registered agent for the Community Association. II homas L. Clinton State of r ) ss. County of Subscribed and sworn to before me this.r Z day of September, 2005, by Thomas L. Clinton. Witness my hand and official seal. Notary Public uc. -j-4-ri Residing at /5tTtvuA.vL • My commission expires: • Master Articles,FINAL.wpd • 1 I •' BYLAWS OF THE BAXTER MEADOWS MASTER COMMUNITY ASSOCIATION Table of Contents • ARTICLE I Page INTRODUCTION, PURPOSES AND DEFINITIONS ............................................................ 1 Section1.1 Introduction ................................................................................................ 1 Section1.2 Purposes ..................................................................................................... 1 Section1.3 Definitions ................................................................................................. 1 ARTICLE 2 MEMBERSHIP ........................................................ 1 I Section 2.1 Membership 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 MEETINGS OF OWNERS Section 3.1 Place of Meetings of Owners by Delegate District .................................... 3 Section 3.2 Annual Meetings of Owners by 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 elegate District .................................. 3 Section3.6 Proxies of Owners ...................................................................................... 4 Section 3.7 Quorum at Owners' Meeti .................................................................... 4 Section 3.8 Adjournments 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 Ballot ............................................................................ 5 ARTICLE 4 DELEGATES ................................................................................................................... 5 Section4.1 Delegates .................................................................................................... 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 1 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 ................................................................... 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 Quorum at Delegates' Meetings ................................................................ 7 Section 5.9 Attendance of Delegates by Telecommunication ...................................... 8 Section 5.10 Adioumments 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 ................. Section 6.5 Removal of Directors ............................................................................... 11 Section 6.6 Vacancies on the Executive Board .......................................................... 11 Section 6.7 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 ................................................. 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 Adjournment of Board Meetings ............................................................. 13 • Section 7.10 Vote Required at Board Meetings ........................................................... 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 ARTICLE 8 • POWERS AND DUTIES OF THE EXECUTIVE BOARD ....................................... 15 Section 8.1 Powers and Duties ................................................................................... 15 ARTICLE 9 OFFICERS AND THEIR DUTIES .............................................................................. 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 Section9.5 Vacancies ................................................................................................. 16 Section9.6 Duties ....................................................................................................... 16 Section9.7 Delegation ................................................................................................ 17 Section 9.8 Agreements, Contracts, Deeds, Checks, Etc ............................................ 17 Section 9.9 Statements of Unpaid Assessments ......................................................... 17 Section9.10 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 Section 12.2 Examination ............................................................................................. 19 ARTICLE 13 INDEMNIFICATION ................................................................................................... 19 Section 13.1 Obligation to Inderrinify ........................................................................... 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 BYLAWS OF THE BAXTER MEADOWS MASTER COMMUNITY A SS 0 CIA 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 I of 22 Master Bylaws,F[NAL.wpd 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 Voting 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 may be 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 a disinterested majority of the Board shall,when rendered in writing, be final and binding as an arbitration award and may be acted upon in accordance 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 0 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 3.4 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.wpd j 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 go 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, FINAL.wpd 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 or block, 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. • Page 5 of 22 Master Bylaws,FINAL.wpd Section 4.3 Qualifications of Delegates. A Delegate must be a resident of a 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 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. • Section 4.7 Vacancies. Any vacancy occurring in the office of a Delegate shall, unless filled after removal of a 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,FINAL.wpd .1 Section 5.4 Budget Meetings ofDelegates. 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. Section 5.5 Notice ofMeetings ofDelei4ates. 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 j 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 j 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 of Deleizates. 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,FINAL.wpd 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, j 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 i 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,FINAL.wpd •''� 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 m 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 ofDelegates. 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 of the 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 of 22 Master Bylaws,FINAL.wpd Owners other thateclarant(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%), F� rounded to the nearest whole number) of the total number of the members of the Board, and 1 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. i (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 l• Page 10 of 22 Master Bylaws,FINAL.wpd •' 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 in the 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,FINAL.wpd 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 Executive 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 `Y 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 7.4 Special Meetings ofthe Board. 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. • I Page 12 of 22 Master Bylaws,FINAL.wpd •�� 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 the 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 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. • Page 13 of 22 Master Bylaws,FINAL.wpd 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 of the 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; 0) 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; I Page 14 of 22 Master Bylaws,FINAL.wpd (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 ,l 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 Appointments. 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. 1 •Section 9.5 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 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 of president of a 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. I• Page 16 of 22 Master Bylaws,FINAL.wpd '1 (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 Agreements, 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. 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,FINAL.wpd 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 11.1 Abatement and Enjoinment 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 for a 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 (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 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; i (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 (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 deternlination 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) 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. Page 20 of 22 Master Bylaws, FINAL.wpd 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 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 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 Delegates. These Bylaws may be 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,FINAL.wpd • -� 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. Rebekah Williams, Secretary I� 1• Page 22of 22 432FI067-1961-083A7D.wpd s • COMMUNITY DECLARATION FOR BAXTER MEADOWS MASTER COMMUNITY 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 Section 1.3 Bindin Effect ffect ............................................................................................ 2 Section 1.4 Name and Type .......................................................................................... 3 Section 1.5 Governing Documents ............................................................................... 3 Section 1.6 Defined Terms ........................................................................................... 3 ARTICLE 2 THE COMMUNITY ASSOCIATION OPERATIONS ............................................................... 8 Section 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 Communi1y Manager ................................................................................. 9 Section 2.5 Election of the Board of the Community Association ............................... 9 Section 2.6 Declarant's Right to Appoint During Period of Declarant Control ........... 9 Section 2.7 Duty to Provide Audit .............................................................................. 10 Section 2.8 Operating Fund ........................................................................................ 10 f 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 Training ............................................................................ 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 �• Section 3.10 Re-Allocations. ........................................................................................ 16 ., ARTICLE 4 UNIT DESCRIPTIONS/COMMON ELEMENTS/EASEMENTS .................................................................................................. 16 Section 4.1 Identification of Unit Descriptions .......................................................... 16 Section 4.2 Common Elements ................................................................................... 17 Section 4.3 Duty to Accept Common Elements and Facilities Transferred by Declarant .................................................................................................. 17 Section 4.4 Utility, Map and Plat Easements .............................................................. 17 Section 4.5 Owners'Easements of Enjoyment ........................................................... 17 Section 4.6 Rights Re age rdina Recreational Facilities ................................................ 18 Section 4.7 Delegation of Use. ................................................................................... 18. Section 4.8 Liability of Owners for Dama%ze .............................................................. 19 Section 4.9 Power to Grant Easements ....................................................................... 19 Section 4.10 Safety and Secun .................................................................................. 19 ARTICLE 5 COMMUNITY ASSOCIATION MAINTENANCE RESPONSIBILITIES .................................. 19 Section 5.1 Duty to Manage and Care ........................................................................ 19 Section 5.2 Flexible Authority of the Board for Community Association _Maintenance ............................................................................................. 20 Section 5.3 Generally Designated Areas of Maintenance ...........................................20 Section 5.4 Additional Services .................................................................................. 22 • Section 5.5 Responsibility ................................... 22 ARTICLE 6 COVENANT FOR ASSESSMENTS ....................................................................................... 23 Section 6.1 Creation of Community Association Lien and Personal Obligation to PAY ............................................................................................................ 23 Section 6.2 Continuing Lien ....................................................................................... 23 Section 6.3 No Exemptions, Offsets or Reductions .................................................... 23 Section 6.4 Capitalization of the Association/Working Funds ................................... 23 Section 6.5 Transfer Fees ............................................................................................ 24 Section 6.6 Assessment Allocations ........................................................................... 24 Section 6.7 Community Wide Services Assessments ................................................. 24. Section 6.8 Residential Services and/or Recreational Assessments ........................... 25 Section 6.9 Sub Association Assessments .................................................................. 25 Section 6.10 Special Residential Services Assessments ............................................... 26 Section 6.11 Commercial Services Assessments .......................................................... 27 Section 6.12 Sub Association Assessments of the Community Association ................ 27 Section 6.13 Other Assessments ................................................................................... 28 Section 6.14 Statements of Account ............................................................................. 28 Section 6.15 Effect of Non-Payment of Assessments .................................................. 28 Section 6.16 Lien Priority...............................................................................................28 • ARTICLE 7 GENERAL RESTRICTIONS ................... 29 •............................................................................ Section 7.1 Purposes, Plan of Development; Applicability; Effect ............................ 29 Section 7.2 Changes 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 Regarding 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 Annexed Property ..................... 42 Section 9.4 Declarant's Rights to Complete Development of Project Area ............... 43 ARTICLE 10 GENERAL PROVISIONS .................................................................................................... 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 •� 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 • COMMUNITY DECLARATION FOR BARTER 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, or 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: (1) 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; Page I of 52 Master Declaration,FINAL.wpd (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 SUBMISSION/DEFINED 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 Pumose 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 Bindin Effect-.ffect. 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 .� 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 allowed 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 3 of 52 Master Declaration,FINAL.wpd 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 be 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. 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,FINAL.wpd 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 l• Page 5 of 52 Master Declaration,FINAL.wpd • 30. "Sub Association Assessment(s)"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 also 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 of 52 Master Declaration,FINAL.wpd 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 the maximum allowed square footage of twelve million (6,000,000) divided by 2,000 square feet= 3,000; 1. Page 7 of 52 Master Declaration,FINAL.wpd (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. Section 2.3 Duty of the Board to Exercise Judgment and be Reasonable/Ri hg t_ s 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 of 52 Master Declaration,FINAL .wpd -^� 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 to Appoint During Period of Declarant Control. (a) During the Period of Declarant Control, the Declarant's appointment rights are I 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 conveyed 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 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 Authority 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 Declaration,FINAL.wpd 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 Charge 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 j 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. (• Page I I of 52 Master Declaration,FINAL-wpd .� 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 Incorporation 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 --'� 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. 1 • 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. • Page 13 of 52 Master Declaration,FINAL.wpd (d) Allocations Prior to Use and Other Units or Other Uses. For all Units not • 1 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. 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.wpd 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 1 . 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 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 .--� 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 • (a) this Community Declaration and the other Governing Documents; • b an restriction contained in an deeds of Common Elements to the Community ( ) Y Y Y 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; 0) 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 RightsL 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. Page 18 of 52 Master Declaration,FINAL.wpd 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 expense 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. 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 for 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 1 Page 19 of 52 Master Declaration,FINAL.wpd .� 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 with this Section shall not constitute discrimination within a class. Page 20 of 52 Master Declaration,FINAL.wpd • • (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 maintained 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.wpd 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.wpd 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 • i Page 23 of 52 Master Declaration,FINAL.wpd 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.wpd 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. I• Page 25 of 52 Master Declaration,FINAL.wpd (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. 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 (a) The Bu t Process . If to be imposed on alknual 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 Board. Section 6.11 Commercial Services Assessments . The Community Association may 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 Unit Owner or group of Commercial Unit Owners, or as otherwise made available by the j 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. (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 b the Board, and > Y 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, • Page 28 of 52 Master Declaration,FINAL.wpd against the person(s)f1sonally obligated to pay such overdulossessments, 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 trust 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. Page 29 of 52 Master Declaration,FINAL.wpd 2 *Res in Circumstances Antici ated . Declarant has Section 7. � 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 •'1 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 Acknowledgment . 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 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 i 2. Applications. The DRB may require that applications of Owners and their Z- ) 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 I• 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; 11. In the event of withdrawal of DRB approval for any reason(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 e• Page 31 of 52 Master Declaration,FINAL.wpd and purposes generally set out in this Declaration. Upon its review of such plans, specifications .i) 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 of 52 Master Declaration,FINAL.wpd 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. Liability. 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 with 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 0 .�� 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 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 furtherance 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 Rights to Develop. None of the covenants and restrictions in this Community Declaration may unreasonably impede Declarant's or. a Builder'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 (a) Community Association Liability Insurance. The Community Association • ) shall obtain an adequate comprehensive policy of public liability and prope rty 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 liability 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 (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 Community 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.wpd Section 8.5 Adiustments 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 �.) (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 (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 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: (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 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 (1) 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 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 Project 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 -� (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 further 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 i• --� 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: • I Page 43 of 52 Master Declaration,FINAL.wpd 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 b act or omission is hereby declared to be a nuisance and may be enjoined or abated Y � Y Y J 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.wpd 0 r (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; (iii) 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 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 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 Mortgage Agencies . 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 0 ,- 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 IN WITNESS WHEREOF, the Declarapt has caused this Community Declaration to be • executed by its duly authorized agent this RAT `day of September, 2005. Baxter Meadows West, LLC, a M94ana limited i ility co pany Thomas L. Clinton Gerald R. Williams STATE OF MONTANA ) ss. • COUNTY OF a ) The foregoing Community Declaration was acknowledged before me this c� � day of September, 2005, by THOMAS L. CLINTON AND GERALD R. WILLIAMS, as Managing Members of Baxter Meadows West, LLC, a Montana limited liability company. Witness my hand and official seal. /^, r 1 'A' Notary Public for the State of / 'gy Iniv'-. Residing at &i?ZP'vW_c ,— My Commission expires: ,Ju,rl l • Master Declaration,FINAL.wpd 0 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 '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. i I Page 49 of 52 Master Declaration,FINAL.wpd 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 th 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,FINAL.wpd 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 •-> AFTER RECORDING RETURN TO: + ORTEN&HINDMAN P.C. 11901 W. 48th Avenue Wheat Ridge, CO 80033-2166 Attn: JCMO • Page 52 of 52 Master Declaration,FINAL .wpd 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 community. As provided in section 8.1 of the BMMCA Declaration, any and all construction, alterations 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), 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 front yard 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 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. I. DESIGN REVIEW PROCESS 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 2. 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 mail 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. l• Page I of 19 Master Design Review Guidelines,FINAL.wpd 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 "disaapproved". 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 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. i 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,FINAL.wpd *--� 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 Design 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. Farms Required: Acknowledgement Form i• Page 3 of 19 Master Design Review Guidelines,FINAL.wpd 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 (114"= 1'--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 c&Sections showing: Each Elevation at '/4"= V-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,FINAL.wpd 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. II. 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. III. Improvements l. 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 shall 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. • i Page 5 of 19 Master Design Review Guidelines,FINAL.wpd 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. III. Utilities and Site Details 1. Utilities: All utilities (natural gas, electric, telephone 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 i 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: Caliper: 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. If 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 full 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,FINAL.wpd Sodding: Sodding of front yards shall be the responsibility of the builder. • l 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 installed 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), 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 Board prior to installation. 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. Irrigation 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 8 of 19 Master Design Review Guidelines,FINAL.wpd 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. Building Height 1. Residential Buildino: 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 highest 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 l • 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 1• 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 Within all Development Areas, roof slopes shall be a minimum of 6:12 and a •1 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 US THIS THE CORRECT REFERENCE?? OR SHOULD THIS BE MASTER ASSOCIATION?l 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 Secondary 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 Composition, 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 i Page 10 of 19 Master Design Review Guidelines,FINAL.wpd 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 of eighteen 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. I• Page I I 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. 3. Wood and Wood Product Siding: 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. Shin les: 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 Log: 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 Color schemes must be varied from the two adjacent properties, in each direction. j 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. I 8. Masonry Stonework. Stonework shall be natural or approved synthetic stone materials. Dry stack, uncoo,sed settings with minimal exposed mortar are preferred. Stonework 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 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 j 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 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 Design Review Guidelines,FINAL.wpd _ IN WITNESS WHEREOF, the Design Review Guidelines and Regulations have been executed this day of— -��'1�y�fc ,206'.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 le)"'d(,-',p Ginlyrl,-,�-0 5 , by as Authorized Agent of Baxter Meadows West,LLC. Notary Pubes far he State of Montana Print Name: Residing at: l�1"? e'�6ylU.tL (SEAL) My Commission Expires: ,( • Master Design Review Guidelines,FINAL.wpd 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. I (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 17 of 19 Master Design Review Guidelines, FINAL.wpd 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: WDSCAPE ARCHITECT: Firm: Address: Telephone: FAX:_ INFORMATION 1. Are any variances from the Baxter Meadows Code being requested under this application? i Yes i No • Page 18 of 19 Master Design Review Guidelines,FINAL.wpd 0 • 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: ' 1 • Page 19 of 19 Master Design Review Guidelines,FINAL.wpd � '. <� � � { I - t i ' i � ^j I . � , i M � i � } 4 � .� � � I � �� • � f � � � , c � � � � v� i y � � i f� � • I f s I t � � . . . I �.� BAXTER MOWS PHASE 3A N0.233 12202A I �: �I FD YPC Ilxisl sl L.0.S.5.N ND. 30.m'we QN8452'091: ,080.]2' rD Y/uPE(,xx],57 - F11,L31J..IP.U.D. PLAN - AS'P ..Oo' y wt D Prepared by: PC Development fi000 PUBLIC STREET EASEMENT EXISTING GRAVEL DRIVE USED FOR C7 A E DOC.JVO3143(C) ACCESS TO C.O.S.NO.233.NO TRA p MEPD04 TRACT Last Update:9-5-o6 EASEMENT DOCUMENT FOUND ENDED'IT OFE1 TpALT,A STOR MORAINAGE FASELIEMLA.T ED PIAT OF P.U.D.PHASE DOC. 210J179 P.U.D.PH 130 I .�.•��1, Su --(NOT(N07 SHOWN WITHIN STREET) GN I0 1/z•R9 w/ 'SEVER R' IRRIGATION EASEMENT - 68.36' POOR OF BEMING RPc(12.1 SJ a ACCESS EA I (DOC./2231126) e S7a ,/:• #2103142) 7 I \ D x Ar-L,2x31$ °�0 GC A(,�2IS NDT SW IRgeIId: ro+'oc a -KIMBERWICKE STREET-I 7 I `A mvai•.ey � - � - R.,so.00 � e] NeP41 O■ OPEN SPACE P}ASE 3A BOUNDARY 20ae 3w DEDICATED PARK BAXTER MEADOWS PU D BOUNDARYIle.v Wr.A- STI I I Neem',sE 1 7 G LOW DENSITY SINGLE-FAMD.Y LOTS ® EXTERIOR RIGHT-0OF-WAY n 1 I Io ,. 5 SW51'31'W 318.59' ❑ DETACHED 1 6 a DITCH EASEMENT IS 20'OFF I,I 'sw MEDIUM DENSITY SINCLUPAMII.Y LOTS © INTERIOR RIGHT-OF-WAY My a 10.OFF Ely ORDINARY 'I ego s H I „s.1 S -I ❑ ATTACHED/DETAC IED HIGHWATER MARKS fff SBBOY,sw "'M v OPEN SPACE ❑ RESIDENTIAL.NEIGHBORHOOD SERVICES I �• B I I \ I 2nao I I PRIVATE 2 EXISTING VETERINARY CLINIC I 1 31 B '1e� FJORD COURT emo s $ ,nyy ,y xass 3B - 1 II,I, I 1 5ego1'1]V I g IIg BLOCK 2 i I I P OF TRACT 1A l 1 1 1 12o.00' g5 D Y 97.97 0 12PEMANDER - b I R MFJ��S i 96 12, i se 03"5,w I {V 4 3 13 OF:BSE TRACT, , D ,e,- I TOTAL BAXTER MEADOWS AMENDED PLATE 1. I L�rsst z PA W I SUBDIVISION P.U.D.PMAS ' i. I--13eDr- D 10• g i I'I,II 19 ; m _ w\e s 03 _ . _ j1 PHASiE 3A ACREAGE: 52.24 AC O B6m Si Z wos,s`A.I 4 1 S ' I ]wads+ RCI M.1Y SPACE C � LESS EXTERIOR R.U.W.: 1.5>t AC °1 SO'SETBACKS FROM 1 jIII I I$ 120.00' - g 11 PRIVATE OPEN j I i i WATERCOu�NRSE O.TYP.OTE j4) ' 111, I I & ee�s B B Y 009,r .,� NW56'15"E .69-. J M CLYDESDgLE COURT 51 DEVELOPABLE PROPERTY: 5o.73 AC SaSal'Isti - g SBBm'15Y 10 1 ^ I I per, ImsY I C gg 12 ><!�s P BLOCK e ` LAND USE ACREAGE BREAKDOWN I I.-. 8,1� � � ams��'�,� e 9 �g�' 1111 I 1 - SWV15-W I 3 I u cv 3 E SINGLE-FAMILY RESIDENTIAL: 18.35 AC I �HPzoTAo]~ ve e3' a RESIDENTIAL NEIGHBORHOOD SERVICES: 1.44 AC B 2A P.U.O. r� I I S 1 �Iili I 1 L •s'e-_>S I Resm•,]tl�\ a:aws' I SUO. PEE 1 SUBTOTAL: i9.79AC z B.jER MEADpNS (BUILDABLE NET ACREAGE) I ;I ( to gg s is INTERIORRO.W.: 1o. 8AC a `l rl SL 6 5 _ I� I I s1v1e'28� 1 saaoTl],+ .,,; Y A , DEDICATED PARK: 11.4oAC w 15.39' YA,�1 1 nx,Y ( m� sevsr,ew 2e7.r °v OPEN SPACE PUBLIC ACCESS: 8.96 AC _ j Nr m NWOD'o(PE 783.49' N, S' \1;II imPve ssA 17 8 8 lmie r O . :' Ar ALLEY- - - �e r - - - I, IDem s $ I $ n o78. �,1 � � CO T s TOTAL: ,rjo.'73 AC I1ro1T24�371 1110'wo01, s r rTac- neY- -77W- ner m -Mav- -ean- -ara,a IIHQµ16� I I seaarlsv smm uv I e\OG P22 BE`Gl� UR 90.OP' IBM-. O 13 w 8 8 1 ! 101.21" I I w 10� le4.m' ,00.47 �Haeo•�ee Y I 6 I 10 B BIT- u I B IO 8$ 1] d b y, I4 15 18 I Nsoo� Ilmv114 s 8'm«s @^esw s og ' ^ `m,s s -m,s s -vvm sF I 1 97"mu 04 , I ,o C ,MSy AY t M G SEMEM !'n .� pM EE R B B CK l2 usEUENr-y ar I usEuvr -FJSE,wFJr, 2uY = ,�a s $ `°Dew 3 -12298'- 61 4 B7.1C -" n.eY nar n.QY .00• 52-W a2-W 97SI lo. ' .`.LaG-p,e'c. lass � _g B9� �a� •SINGLE-FAIVIILYRESIDENTIAL: e- , I .__.Q-<.. ..- _ r 110. �1 e:oa'wa u,Ae �P000°� EQUESTRIAN LANE - �0 -� - EQUESTRIAN LANE esm s ° Lv G y LOW-DENSITY DETACHED LOTS ACREAGE: 14•96 AC oC-Ow-unurc a. 7m.71' M 8 NT Imm' "C!1 $ •fin'- _ roz.ip PRIVATE OPEN 2 #OF LOTS: - $8 e9Ax' 1AAo' ,9A7 7BAD• AD' ee e9]]• ee.x]• y2a• ?I vale' -- - Nr SPACE A 1 1 APPROXIIIIATE DU/AC: .9 DU/AC x' -T. w ^F- b `]b (/SEMEN i ^S ••,.g� meM � Y bA 8 a ) 1mi7 7 1 eavo sj�ewo SF 5 s �v4m s �eTm s l;�_ ,vim s I ���„ M N S78pj�� MEDIUM DENSIII'DETACHED LOTS ACREAGE: 3.38 AC xvemnov m ! I BLOCK l3E,"TM,r ;3 I I "'" 12y�• #OF LOTS: 16 I c I I Ions sL_ears'--- -7°m- ' -eats'- -een•----vaa- ) I Ns oao�I u 1 APPROXIMATE DU/AC: q.7 DU/AC 2 --ALLEY N, 5 N 5e01B 34M,�I Hr e543 SL }s.m' f -r2n4-- -1a00- yam•- �oPS. ar - -axsP -arsrr -ascr"lo N. Nr xeom msA ° I.>s7�s7.a/ '' ,3 1 z" n 11 i I • RESIDENTIAL NEIGHBORHOOD SERVICES: I I S esa,•r w w w b g w w w w EASEMEN--1 `4 B$ 10 $ as a� 3 9`d 14 B g IS B d IB IOLtY 1 e 8D4Ta re7e s e�azss S18:ea2ass s8_ l i` R e�,m s n4m:<1xxp 4 y '22' p D+^ (EXISTING VE1 CLINIC) IOC I v si .- 7.7e' ir oR�- '� - - - 1 j 8 R aa!sr ..'74� / laoo' T. 701W 7oALY e7 e7�o• e7ao' w.u' 1 I NINtaroo+A I I Iw � \ .`,7j,°123M s�.✓// co!-\ - --- - -----. - m m•m4 L I IMSSSf i 10 PP a --DANUBE LANE DEDICATED PARK: M7�• \7'a�,,,'�" ce4 e.ao' Iawv uv. $ 8 OSPA D s,ao SF LU 4 \,C 173g I^I yj,, 1`� 2a:e'� sewEn sERraE- M• - Nv rm•E H9vmmv ,m.ar Z + '\ 1, s•,� � Q O s La 7- BLOCK is ,e2s6s s< �p .2 6 s § e zaD y j `'< $ 3ar �a„ pr ,2WO 6F AT• Y�y.e£ OPEN SPACE PUBLIC ACCESS: 8.96 AC g ,=7 Si _ I 13� t1.N SF ``., Iai1 w5 7,0769 5F Q 8 I220o ST `F� I B . IBLOCK 15 Lig 1 777riii l ��m� I R `'-41• 2mv s s44 s:s'E ��s---t42�e•--- -way-- -,mart- I-V',1 A+SPA' F. SIJ EMT--j6 ,22.ar raq/q r•V R -...� s�' \` I TOTAL DWELLING UNITS: 75 �, v,e 0Spn sE N8e4K]7T -.Ni.m' Ni3'00'002 9 ,a AAayi cep`•. g -I �• a +M BUILDABLE NET ACREAGE: 19.79 AC I '. _ _ _ �4_sr _ _ . 39ar�` IWii- .11- Ip 7�._..pR,1,H.ORSE a $ 12zm25< to I o7 , APPROXIMATE DU/AC: 3.79DU/AC .N]/B'RR I7910 SF. Y[' _ -c Na0'm•m'C - r f'P' „429 Y \ 5W48 832 S1 N u vw 4 I °j suvm'mt I �\ 3 v \\ I NOTE:DWELLING UNIT PER ACRE(DU/AC)CALCULATIONS W'Iy lF.eel w5/�YIA [v],a IRRIGATION 73.Br 1m y. ;a CBe m.m' 122.m' I m`S S'TSa TA• *: I (Doc./ii ie) _ '�a r FAs wMUTMo o° dG EXCLUDE ROAD RIGHTS-OF-WAY AND PARKS/OPEN SPACES. TRACT B�K use - Ali p • 1oY 197i�SF _9 ,4m23 I$ u-di i4 51• 20 O I 6 S _ _ Imla sF 11 I anon-.�Ya • anon=-6 C.O.S.N0.2202 207 PLAT s4\ :. EA9EMENf 1 to EASE ENT. . I C I I+' I PAGE ppR I N J40 - Ne9'So'Ov 3o6A4''..__ g $ I9o.5Y S 3f: L - 3o.2'_:LC FYI. D 1G N s - SN50.591t ... 992.7 - 7• A - - - - - - - - BAXTER LANE '�'. .. . . . . .... . .. . ... . ... . ...ee.. . .... ... . ... ... . D ■ ■ ■ ■ ■ il�■ ■ �� ■ ■ ■ ■ 1Ii+. ■ ■ ■+. +3 $ .. .xessrrs9t 4.1.. SB8'50 S9 819.54 0 go Too' zoo' - - - - - - - - - - - - - - - - - - - - - Sw mR.].34,N 1302 PUBl1C STREET EASEMENT rru I542B s] C.O.S.NO- _ - DO(../210J143(D) - - - -N0.1302 - - - - - - - 0.5. I Scale in Feet North I i 1