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Home My WebLink About09-16-25 Public Comment - K. Lanz - 6590 Davis Lane, App 23373 Return to: 2797111 JeremyJleFeber (Eriikkc Soatra2d - Gallatti((In0Cou(nty, li'l4,3{{ttPM ��FlIaeff{{:aS£4.00 Berg Lilly,PCOne West Main £ Bozeman,MT 59715 QUITCLAIM DEED FOR ADEQUATE CONSIDERATION, LARRY D. KIRKPATRICK and KAREN S. LANZ, as joint tenants with right of survivorship, the Grantors, with a mailing address of 6496 Davis Lane, Bozeman, Montana 59718-8863, do hereby convey, remise, release and forever quitclaim unto LARRY D. KIRKPATRICK and KAREN S. LANZ, each as to fifty percent (50%) undivided interest as tenants in common, the Grantees, with a mailing address of 6496 Davis Lane, Bozeman, Montana 59718-8863, all right, title and interest in and to the following described real estate, situated in the County of Gallatin, State of Montana, to-wit: S1/2NW114SW1/4 of Section 35, Township 1 South, Range. 5 East, M.P.M, Gallatin County, Montana, excepting any portion of a tract of land in the SW1/4 of Section 35, Township 1 South, Range 5 East, M.P.M., Gallatin County, Montana, and described as follows: Beginning at a point on the west line of said Section 35 which point is North 00'012'20" West, on and along the west line of Section 35, a distance of 994.91 feet from the section corner common to Sections 34 and 35,thence North.00*12'20"West on and along said west line, a distance of 637.48 feet to a point 35 feet southwesterly when measured at right angles to the centerline of the abandoned low line freight line railroad right of.way,then South 7r42'20" East, 35 feet'southwesterly " and parallel to said railroad centerline a distan6e4f.1046.53 feet to the south line of the NW1/4SW1/4 of said Section 35, thence South 89°18,00" West, on and along the south line of said NW114SW114 a distance of 341.59 feet, thence South 00010'38" East, a distance of 339.49 feet, thence South 89017'30" West, a distance of 661.60 feet, to the point of beginning, (Survey Film 9, Page 45) lying within the S1/2NW1/4SW114 of Section 36, Township 1 South, Range 5 East, M.P.M., Gallatin County, Montana. • tp rtfr�,�27j D e&aP Ire 4,.crmc e.. /,- /rt 17 8` 13• TOGETHER WITH all the tenements, hereditaments, and appurtenances thereunto belonging, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof; and, also all the estate, right, title, interest, property, possession, claim and demand whatsoever, as well in law as in equity of the Grantors; % TO HAVE AND TO HOLD unto the said Grantees, their heirs, successors and, assigns forever. Page 1 of 2 2797111 Page 2 of 2 03/10/2023 01:52:43 PM d DATED this /P day of kh" &i j-, 2023. LARK D. KpKPATRICK i KAREN S. LANZ STATE OF MONTANA ) ss. COUNTY OF GALLATIN ) On this 10 day of mQrCh , 2023, before me personally appeared LARRY D. KIRKPATRICK, whose identity was proven to me on the basis of satisfactory evidence to be the person whose name is subscribed to this instrument, and acknowledged that he executed the same. �,g�Gp L 5iyFA, — cs��j JESSICA� L SHEPERD (Print ame: R; Notary Public Notary Public for the State of Montana •;,ot,+11.4z.moo for the State of Montana (YTT- - Residing at: Residing at: s Bozeman, Montana My Commission Expires: 17- _OQ , 4«��fipF ao-aa My Commission Expires: "n,., l,,.,•P Det:ember9,2025 STATE OF MONTANA ) . ss. COUNTY OF GALLATIN ) On this 1 d day of MV'Ch , 2023, before me personally appeared KAREN S. LANZ, whose identity was proven to me on the basis of satisfactory evidence to be the person whose name is subscribed to this instrument, and acknowledged that she executed the same. , +,yGp L ShFA,, JESSICA L SHEPERD ai�" y . F Notary Public (Prin4ublic me: eSS W�+�ptARlt�.90 for the state of Montana Restdinp at: Nota f r the State of Montana , SFAI.P Bozeman, Montana Residing at: t0ze Y no (y IT gF' PAa My commissiort Expires: My Commission Expires: 26 December 9,2025 City of Bozeman Department of Community Development ATTN:Susana Montana Application Number 23373 6590 Davis Lane smontana@bozeman.net 15 September 2025 Comments regarding compliance of this application with the required criteria. Upon review of Dr.William Kleindl's document of December 14, 2024, the following were i reported missing: Functional assessment:Wetlands Ratings List of indirect impacts i Map of proposed mitigations including types, buffers, and acreages Source,type, and method of fill Avoidance and minimization Impacts on hydroperiod fi . Sec. 38.610.080—Wetland permit conditions It appears that this project has not followed code because the bulk of the wetland fill is to accommodate parking. There is no evidence that the adverse impacts of the wetland has been minimized. 1 The areas of the wetlands in the delineation Deport and the impact map do not match. Where is the documentation that discharging fill material into the wetlands will not have damaging consequences to our property? I did not see evidence of limiting the effects to our portion of the wetland area. What are the plans for the boundary between wetlands and uplands? How has the project addressed the 404(b)(1)guidelines developed by the Environmental Protection Agency in reference to fill material that will ultimately end up in the East Gallatin River? Does not this project result in pollution of the man-made aquatic ecosystem. t I iII C City of Bozeman Page 2 Department of Community Development ATTN: Susana Montana Application Number 23373 6590 Davis Lane G The discharge of fill material can result in elevated levels of suspended particulates in the water for varying lengths of time.As this flows north it will affect the quality of our wetland water and aquatic ecosystem. The section line ditch cannot totally dispense the flow to the irrigated fields. There will be cumulative effects of water runoff north in the section line ditch into the East Gallatin River,which is a US waterway. Provide me with the engineering study that you will not raise or lower the water level in the irrigation ditch. k The City of Bozeman must follow the state regulations for wetlands and not allow the wetlands to be designated as wholly man-made and exempt from Section 404 of the Clean Water Act.The current ruling by the City is that the ditch is not a water course but the water flows into the East Gallatin River, a US Water Way. What is your plan for water runoff detention and retention? What analysis has been done regarding flooding downstream? In a storm,the flow to the canal will definitely increase because the water that used to soak into the ground will go into the system.The proposed three-foot elevation for the construction of the buildings will k increase the storm water runoff.The tanks will slow down the flow while they fill up. In the case of a severe storm,they would fill completely.Where will the flow go? What happens,to the water from the meltingsnow? What is the plan for water runoff during construction? Is this development compatible with the adjoining wetlands?We do not want our wetlands at 6496 Davis Lane altered in any manner. What is the design of the outflow of the storm water system in the remaining wetland to prevent erosion of the railroad grade and flooding in a serious storm? Control of water on the proposed site does not guarantee that the land to the north will not flood. h tl {31 u City of Bozeman Page 3 Department of Community Development ATTN: Susana Montana Application Number 23373 6590 Davis Lane I am looking to protect, not restore,water quality.What will happen to our property with seasonal changes and the development of the two properties to the south?Ultimately the water runs across the western side of our property. Ground water is known to be high in this area. The impacts to the wetlands with this development are permanent. Does this proposed plan show the impact to wildlife? We are requesting a 6-foot wood security fence the length of the northern property line. This will be needed for safety from our animals and electric fence. Attached is the quitclaim deed that proves I am the joint tenant with Larry Kirkpatrick. Thank you for your time and attention to this manner. Karen Lanz 6496 Davis Lane, Bozeman 718 406 581-6079 klanz123@icloud.com i ,k f {