HomeMy WebLinkAbout01-06-26 Public Comment - M. McHugh - Comment on Agenda item G.8 Commission meeting 1-6-26 From: Mary McHugh
To: Bozeman Public Comment
Cc: Mary McHugh
Subject: [EXTERNAL]Comment on Agenda item G.8 Commission meeting 1-6-26
Date: Tuesday,January 6,2026 11:39:06 AM
Attachments: 1-6-26 Letter to City Commissioners.Ddf
CAUTION:This email originated from outside of the organization. Do not click links or open attachments unless you
recognize the sender and know the content is safe.
Please provide the attached comment to the Commissioners for agenda G.8 8 Authorize the
City Manager to Sign a Professional Services Agreement with Whole System Performance, LLC
for Community Housing Consensus-Based Engagement Facilitation for a Fowler Housing
Project. Thank you.
Mary Frances McHugh
M.f.mchugh@hotmail.com
Property owner, Harvest Creek Subdivision
Date: January 6, 2026
To: The Commissioners, City of Bozeman
Re: Agenda item G.8 Authorize the City Manager to Sign a Professional Services
Agreement with Whole System Performance, LLC for Community Housing
Consensus-Based Engagement Facilitation for a Fowler Housing Project
From: Mary Frances McHugh, Owner in Harvest Creek Subdivision, Bozeman, MT
Please take agenda item G.8 off the consent agenda for further Commission
discussion and direction to staff on whether the project exceeds the scope of the
transfer made by the Sippel Trust.
At the Commission's meeting on December 9, 2025, Heather Higgs of the Harvest
Creek Home Owners Association called the Commission's attention to the provisions of
the purchase agreement between the City of Bozeman and the Trustees of the William
H. and Betty Anne Sippel Trust (Sippel Trust), owners of the property that is the
subject of this proposed project.
Ms. Higgs asked the Commission to explain the provisions of the purchase agreement
at Paragraph 6, which provides:
6. The Purchaser agrees to preserve existing trees,open spaces,and irrigation ditch on the property to
the best of their ability with the future Oak Street and Fowler Lane roadway improvement projects.
Attached to this Memorandum is the staff memorandum of January 9, 2017, and
associated attachments which detail the history of the acquisition of the property by the
City.
Also attached to this Memorandum is a copy of the public comment lodged with the
Commission for this item on the agenda by Lauri Sippel, the successor in interest to the
Trustees of the Sippel Trust, dated December 31, 2025.
Does the Paragraph 6 of the purchase agreement encumber the City's authority to
proceed as proposed? The staff report on this matter does not address this question,
which was also raised to the Commission on December 9, 2025.
Prudence dictates an answer to this question before expending further public funds,
including creating a moderated consensus board to guide discussions about
annexation, zoning and development of the Fowler property.
NB: it is noteworthy that the Scope of Services does not mention supporting the City's
historic commitment to preservation of open and green space and balancing density.
0 Outlook
Fwd: Fowler Housing Project
From Greg and Renee Gilpin <grgilpin@gmail.com>
Date Mon 1/5/2026 3:56 PM
To m.f.mchugh@hotmail.com <m.f.mchugh@hotmail.com>
Greg and Renee Gilpin
grgilpin@gmail.com
---------- Forwarded message ---------
From: Lauri Sippel <lasquilt@gmail.com>
Date: Wed, Dec 31, 2025, 3:06 PM
Subject: Fowler Housing Project
To: comments@bozeman.net <comments@bozeman.net>
Cc: grgilpin@gmail.com <grgilpin@gmail.com>, <reneeanddavid53@gmail.com>
Hello Good People -
It has come to my attention there is an issue concerning the development of the land my father
sold to the city for the purpose of extending Fowler Avenue between Oak and Durston.
One of the conditions of the sale stated:
"The Purchaser agrees to preserve existing trees, open spaces, and irrigation ditches on the
property to the best of their abilities with the future Oak Street and Fowler Land roadway
improvement projects."
The community group, Friends of the Fowler Connector, were able to ensure the road was located
to preserve the trees and riparian habitat. Bravo!
However, per communication from the Westside Community members, the current proposal for
high density housing does not honor this condition; for several reasons.
The primary problem with the existing proposal is the change from open-space designation to
development. It appears the city misrepresented their intended use for the land, stating to my
father that the purchase price was based on extending the road and preserving open space, not
development. Because land used for development is significantly more expensive than land used
for roads and greenspaces, the city stands to make an inappropriate profit off land that we did not
intend to sell in the first place. At the time of the sale, we were told in very clear terms if we did
not accept the proposal to sell the land for the purpose of extending the road, the city would
exercise their right of eminent domain.
Notwithstanding the above stated issue, there is concern with the density of the proposed
development plan, which does not include greenspace sufficient to be considered preservation-
focused, again, per the the understanding with which the land was sold.
I am writing to remind City leadership of the preservation obligations tied to the sale, and allow
you to remember the parcel was not intended for an intensive residential build-out. Bozeman is a
beautiful and warm community, held dear in the hearts of those of us fortunate to have been raised
there, and equally precious to current citizens. While the proposed development project would
provide additional housing, please remember the importance of including accessible green and
open space inside city limits. Research has shown greenspaces not only provide benefits to the
environment (reducing pollution, enhancing air quality, habitat for small animals and wild plants),
they also enhance the image of a city, and increase nearby property values. High quality of life
includes fresh air and easy access to nature, and reminders of the peaceful energy that comes from
residing in a mountain community. The land could easily be used for easily lower density housing
with accessible greenspace, or simply as greenspace, allowing current residents and students a
place in which to connect to nature and recharge in our ever-increasingly busy world.
Please remember yourjob as stewards of the treasured resources of your city and reconsider this
proposal for re-zoning into high density housing with insufficient greenspace.
Warmly,
Lauri Sippel
503-348-3242
Firefox about:blank
so
o F r
•tt��ti•CO.
vo?Rri
COMMISSION RESOLUTION NO.4751
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, AUTHORIZING THE CITY MANAGER TO PURCHASE A TRACT OF
LAND NECESSARY FOR THE PURPOSE OF MAKING IMPROVEMENTS TO OAK
STREET AND FOWLER LANE. i
WHEREAS,the City of Bozeman finds it necessary to acquire certain real property to
allow it to utilize such property for purposes of improving Oak Street and extending Fowler Lane;
and
WHEREAS, the real property to be acquired is described in Exhibit "A" attached hereto
and by this reference incorporated herein; and
WHEREAS,the City agents have offered to purchase said real property by submission of E
a written offer,and the final written offer was accepted by the owners and the City has been able to
obtain the consent of the owners to sell said real property.
NOW,THEREFORE,BE IT RESOLVED by the City Commission of the City of
Bozeman,Montana, that it authorize the City Manager's execution of the Memorandum of
3
Agreement for the Purchase of the real property described in Exhibit "A," together with all
necessary closing documents, and accept the Warranty Deed to transfer ownership of the real
property from the William H.and Betty Anne Sippel Trust to the City of Bozeman.
d
PASSED AND APPROVED by the City Commission of the City of Bozeman,
Montana,at a regular session thereof held on the 91 day of January,_2017.
C HI
Deputy M r
Page 1 of 3
1 of 3 9/18/2025,3:33 PM
Firefox about:blank
Resolution 4751,Purchase of Real Property for Construction of bnproventents to Oak Sheet and h oivler Lane
ATTEST: :' >I"
B 02
ROBIN CROUG -=_T- - •
City Clerk �f.• 1883 •,•��
�TfN co•rt�••-
APPROVED AS TO FORM:
///,
G r��
AN
Cit Attorney
Page 2 of 3
2 of 3 9/18/2025,3:33 PM
Firefox about:blank
Order No.: M-17332
Amend (Version 2)
Exhibit "A"
Legal Description
A tract of land in the West half of the West half of the Southwest Quarter(W1/2W1/2SW1/4)of Section Two(2),
Township Two(2),South,Range Five(5)East,Montana Principal Meridian,Gallatin County,Montana,and described
as follows:
Beginning at a point on the West line of Section Two(2),which point bears North 01`35'27"East along said West
line a distance of 1324.28 feet from the Section corner common to Section 2,3,10 and 11;
thence North 01`36'27"East along said West line a distance of 1325.26 feet to the quarter corner common to
Sections Two(2)and Three(3);
thence North 89"45'11"East along the North line of said Southwest Quarter(SW),a distance of 329.63 feet;
thence South 01"35'26"West,a distance of 1325.13 feet;
thence South 89°44'00"West,a distance of 330.00 feet to the point of beginning.
I
I
Montana Title&Escrow,Inc.
Policy Issuing Agent for Westcor Land Title Insurance Company
3 of 3 9/18/2025,3:33 PM
Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Craig Woolard,Director of Public Works
SUBJECT: Resolution No.4751,Purchase of Real Property for Construction of
Improvements to Oak Street and Fowler Lane
MEETING DATE: January 9, 2017
AGENDA ITEM TYPE: Consent
RECOMMENDATION: Adopt Resolution No. 4751, authorizing the City Manager to sign
the Memorandum of Agreement for the Purchase of the real property described therein, together
with all necessary closing documents, and accept the Warranty Deed to transfer ownership of the
real property from the William H. and Betty Anne Sippel Trust to the City of Bozeman.
BACKGROUND: By adopting the City of Bozeman Capital Improvement Plan the City
Commission has directed staff to install improvements to Oak Street and extend Fowler Lane
between Oak Street and Durston. In order to carry out that direction it is necessary to acquire
right-of-way. The attached documents,which have been executed by the property owners, are the
result of those efforts and are necessary to the completion of that project. The valuations used for
these acquisitions was performed under the direction of Dowl Engineering,the City's professional
consultant for this project.
UNRESOLVED ISSUES: None.
FISCAL EFFECTS. The total costs of this acquisition is $766,172.57 which will be paid for
using the Street Impact fee fund.
ALTERNATIVES: As suggested by the City Commission.
Report compiled on: December 29, 2016
Attachments: Resolution No. 4751
Cover Letter, Memorandum of Agreement,Warranty Deed
177
V 9�
COMMISSION RESOLUTION NO. 4751
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, AUTHORIZING THE CITY MANAGER TO PURCHASE A TRACT OF
LAND NECESSARY FOR THE PURPOSE OF MAKING IMPROVEMENTS TO OAK
STREET AND FOWLER LANE.
WHEREAS, the City of Bozeman finds it necessary to acquire certain real property to
allow it to utilize such property for purposes of improving Oak Street and extending Fowler Lane;
and
WHEREAS, the real property to be acquired is described in Exhibit "A" attached hereto
and by this reference incorporated herein; and
WHEREAS, the City agents have offered to purchase said real property by submission of
a written offer, and the final written offer was accepted by the owners and the City has been able to
obtain the consent of the owners to sell said real property.
NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of
Bozeman, Montana, that it authorize the City Manager's execution of the Memorandum of
Agreement for the Purchase of the real property described in Exhibit "A," together with all
necessary closing documents, and accept the Warranty Deed to transfer ownership of the real
property from the William H. and Betty Anne Sippel Trust to the City of Bozeman.
PASSED AND APPROVED by the City Commission of the City of Bozeman,
Montana, at a regular session thereof held on the 9t'day of January, 2017.
CARSON TAYLOR
Mayor
Page 1 of 3
178
Resolution 4751,Purchase of Real Property for Construction of Improvements to Oak Street and Fowler Lane
ATTEST:
ROBIN CROUGH
City Clerk
APPROVED AS TO FORM:
GREG SULLIVAN
City Attorney
Page 2 of 3
179
Resolution 4751,Purchase of Real Property for Construction of Improvements to Oak Street and Fowler Lane
Exhibit "A" Legal
Description
A tract of land in the West half of the West half of the Southwest Quarter(W1/2W1/2SW1/4)of Section Two(2),
Township Two(2),South,Range Five(5)East,Montana Principal Meridian,Gallatin County,Montana,and described
as follows:
Beginning at a point on the West line of Section Two(2),which point bears North 01"36'27" East along said West
line a distance of 1324.28 feet from the Section corner common to Section 2,3, 10 and 11;
thence North 01"36'27"East along said West line a distance of 1325.26 feet to the quarter corner common to
Sections Two(2)and Three(3);
thence North 89"45'11"East along the North line of said Southwest Quarter(SW),a distance of 329.63 feet;
thence South 01"35'26" West, a distance of 1325.13 feet;
thence South 89"44'00" West,a distance of 330.00 feet to the point of beginning.
Page 3 of 3
1101
D 13 W L
November 8, 2016
Craig Woolard,P.E.
City of Bozeman
20 East Olive St.
Bozeman,MT 59715
Subject: 6ak S treet R/W Acquisition—Final Closing for Parcel 7
Dear Craigt
We are set to close on acquiring the right-of-way for Parcel 7 for the Oak Street road project. To be
able to close out the acquisition for this parcel, the City needs to sign the attached documents and
prepare a check with the exact amount specified by the title company. The check should be made
out to Montana Title and Escrow in the amount of$766,172.57 and sent to DOWL along,with the
signed and notarized original documents. The different costs and amounts that are included in the
check amount are detailed in the attached final closing statement.
The attached forms will need to be signed by the City where indicated and returned to DOWL. The
property owners have already signed all the forms where required. The City will need to sign the
Memorandum of Agreement, Warranty Deed (notarized), Closing Statements and Buyer's
Instructions.
Upon the City completing the process for the check and documents, I will proceed with the closing
meeting with the title company. The deed document will be filed with the clerk and recorder, the
title company will send a check to the property owners with the agreed upon compensation amount,
and the final recorded documents will be returned to the City. It's not required,but if you or another
City representative would prefer to be at the closing meeting,please let me know.
If you have any questions, please feel free to contact me via email or phone (direct line 406-551-
1445).
Sincerely,
DOWL
t
Tony Gaddo,P.E.,REALTOR
Real Estate Specialist/
Transportation Engineer
Page 1 of 1
406-586-8334 800-865-9847(fax) 2090 Stadium Drive n Bozeman,Montana 59715 m www.dowl.com
Alaska u Arizona a Colorado ri Utli tans u North Dakota n Oregon a Washington n Wyoming
i
8oz PROJECT NAME: OAK STREET
.: CITY OF BOZEMAN ROADWAY IMPROV 4"
Engineering Division T
Public Works Department PROJECT#: 452
eo. I PARCEL M 7
MEMORANDUM OF AGREEMENT
MEMORANDUM OF AGREEMENT
AGREEMENT *j een reached this 2I", day of si t ,ha✓ 2016,hi to -
H. Sippel and LAW&nn Sippel, as Co-Trustees of the WILLIAM 11 AND BETTY ANNE SEER
dated April 25, 1995, the owners of Tract 4 of Certificate of Survey recorded in Film 11 �t
p ( } Y .��. a 6,r=
described as follows: A tract of land in the West half of the West left of the So utr 'st" rtr,
(W%W%SW'/) of Section Two (2), Township Two (2), South, Range ) East, Montana Principal
Meridian, Gallatin County, Montana, and described as follows: Beginnir point on the West line of
Section Two (2), which point bears North 01°36'27" East along said West line a distance of 1324.28 feet
from the Section corner common to Sections 2, 3, 10 and 11; Thence North 01036'27" East along said
West line a distance of 1325.26 feet to the one-quarter corner common to Sections Two (2) and Three
(3); Thence North 89045'11" East along the North line of said Southwest Quarter (SW%), a distance of
329.63 feet; Thence South 01°35'26" West, a distance of 1325.13 feet; Thence South 89044'00" West, a
distance of 330.00 feet to the point of begin ninj,herein@ftpr "seller(s)" and the CITY OF BOZEMAN
hereinafter "Purchaser" for the purchase of said 0r�pprly The amount to be paid and other
considerations to be given in full satisfaction of this°Ar �n%htrt� s follows:
Warranty Deed (Parcel 7): $ 764,600
Full Fee Acquisition: 10.03* (acres)
*See Figure 1 attached
Other Conditions: -
1. Taxes and Special Assessments, if any, delinquent fromd
p y qr ors, and Taxes andN al
Assessments for the current year, if due and/or payable, shy F `''b the seller or seller
2. This Memorandum embodies the whole Agreement between he parties hereto as it pertains to
the real estate, and there are no promises, terms, conditions or obligations referring to the subject
matter hereof, other than as contained herein.
3. The seller(s) hereby agree(s) that the compensation herein provided to be paid includes full
compensation for their interest and the interests of their life tenants, rooz, zen, reversioners,
liens and lessees, and any and all other legal and equitable in are or may be
outstanding and said sellers a ree s to discharge the same.
4. THIS AGREEMENT shall be deemed a CONTRACT extending to ark : ' upon the part) >
y:
hereto and upon the respective heirs, devisees, executors, administ :, legal representative,
successors and assigns of the parties, only when the same shall hav approved by the City
Manager on behalf of the Public Works Department.
5. The property transfer shall be effective upon acceptance by Purchaser, evidenced by the execution
this Agreement by the CITY OF BOZEMAN and 2ayment of the urchase rice.
6. ll)e Purchaser agrees to preserve existing trees open spaces, and irrigation ditch on the property to
, the-best of their ability with the future Oak Str'' ' d Fowler Lane roadway improvement projects.
Of the total amd510 f compensation hereinabove agreed upon, the sum of $764,600 shall be paid upon
execution and did" of a good and sufficient: ® Warranty Deed, ❑ Public Use Easement, and the
balance of the compensation, amounting to $ 0.00 shall be paid upon compliance by the seller(s) with the
terms hereof.
CITY OF BOZEMAN PROJECT NAME:OAK STREET ROADWAY IMPROVEMENTS Parcel 7
PROJECT#:4524.11402.05 Page 1 of 3
.182
,I.
!I
L
I jbl+rsement of funds will be made in the following manner:
' Sellers Amount of Payment
William H. And Betty Anne Sippel Trust $764,600
1 logo
memo e,feller(s)certify that there are no known hazardous materials an.the property.
� � � I tiny
The teis of this Agreement are understood and assented to by us and payment is to be made in
accord4 with the above.
WILLIAM H.AND BETTY ANNE SIPPEL TRUST
Id
� l Date-':
ImArfie:William H.Sippel
Title: Co-Trustee
' i
I
Date: Z ZOO
N me: Lauri Ann Sip el
TiArL: Co-Trustee
i
I.
CITY OF BOZEMAN
Date:
BY: Chris Kukulgkl
City Manager
ATTEST:
i
�i
'I
Date:
By: Robin Crough
City Clerk
;I
'F
CITY OF BOZEMAN PROJECT NAME:OAK STREET ROADWAY IMPROVEMENTS Parcel 7
PIRWs ECT#:4524.11402,05 Page 2 of 3
183
I
I
5:
Q STREE
EXISTING
ROAD
EXISTING
EA E R
"EXtST�IVG
PRQ�ER"Y'
WYWYSWYa OF
Current Owner: SEC,2 T2S R5E
William H.Sippel and Lauri
Ann Sippel,Co-Trustees
under the William H.and
Betty Anne Sippel Trust
Tract 4 TBD
Bozeman, MT 59718
RM LEGEND
® Ewsrwo EASF.IADiC
RILL FEEPLOVISRION OF PARCEL
Lim^ir-r-:w^J FASTINON WLJHE
•-�---• EMSTINOMUCEW
EIOSTiNc PROPFRTI•IINE
q�d '
CITY OF BOZEMAN RNJACQUISITION
RILLFEEACWISLION I 10MA— ^'• .'"
.wPts�aa+x.s, .
Ri ht of Wa Re wired for Oak Street and PAO'I�T' 962CT`«!A?xw`
g Y Q LUTE: envmle
Davis Lane Roadway Improvements j
Dow I,,, City of Bozeman,Montana FIGURE 1
mwsan.nonn 0..—%MNMHwt6 PARCEL 7
Page 3 of 3
i
184
Return to:
DOWL
2090 Stadium Drive
Bozeman, MT 59715
sci2 PROJECT NAME: OAK STREET
. k CITY OF BOZEMAN ROADWAY IMPROVEMENTS
t Engineering Division
Public Works Department PROJECT#: 452a,11402.05
PARCEL#:7
WARRANTY DEED
WARRANTY DEED
THE GRANTOR(S), WILLIAM H. SIPPEL AND LAURI ANN SIPPEL, CO-TRUSTEES OF THE
WILLIAM H. AND BETTY ANNE SIPPEL TRUST, dated April 25, 1996 and successors(s) in trust,
whose address is 12711 W. Allegro Dr., Sun City.West, AZ 85376-6229, for and in consideration of Ten ,
and No/100 - Dollars, and other valuable consideration, in hand paid, conveys and warrants to the CITY
OF BOZEMAN, a Municipal Corporation of the State of Montana, with offices at 121 North Rouse
Avenue, Bozeman Montana 59715, its successors or assignees, the following-described real estate
located in Gallatin County, Montana:
Tract 4 of Certificate of Survey recorded in Film 13, Page 166, and described as follows: A tract of
land in the West half of the West half-of the Southwest Quarter (W'/W1/SW'/4) of Section Two (2),
Township Two (2), South, Range Five (5) East, Montana Principal Meridian, Gallatin County,
Montana, and described as follows: Beginning at a point on the West line of Section Two (2), which
point bears North 01°36'27" East along said West line a distance of 1324.28 feet from the Section
corner common to Sections 2, 3, 10 and 11; Thence North 01036'27" East along said hest line a
distance of 1325,.26 feet to the one-quarter corner common to Sections Two (2) and Three (3);
Thence North 89045'11" East along the North line of said Southwest Quarter (SW%4), a distance of
329.63 feet; Thence South 01035'26" West, a distance of 1325.13 feet; Thence South 89°44'00"
West, a dist�incs of 330.00 feet to the point of beginning, and containing 10.03 acres, more or less
and as shove. S ri Exhibit A.
The above-named Grantor hereby covenants with the CITY OF BOZEMAN that said Grantor has good
title to the abovcr'�acribed tract of land and covenants that the CITY OF BOZEMAN shall have quiet and
peaceable posse k,i in thereof.
CITY OF BOZEMAN PROJECT NAME:OAK STREET ROADWAY IMPROVEMENTS Parcel 7
PROJECT#:4524.11402.05 Page 1 of 4
185
WILLIAM H.AND BETTY ANNE SIPPEL TRUST
Name:William H. Sippel rT
Title: Co-Trustee
N e: Lauri Ann Sippel
Title: Co-Trustee
ACKNOWLEDGMENT OF GRANTORS
STATE OF
)ss
Countyofm�ao )
On this—!day of _-f p r c,,%f,z , 2016 before me, the undersigned, a Notary Public in and for
the said State, personally appeared the Grantor, William H. Sippel, Co-Trustee of the William H. And
Betty Anne Sippel Trust, known to me to be the identical individual who executed the foregoing
instrument, who acknowledged to me that each individual executed the same as the free and voluntary
act of said congregation, with full authority to do so and with full knowledge of its contents, for the uses
and purposes therein mentioned.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal this day and year
above written.
Notary Public in and for the State of
My Commission Expires: %
F
BRANDON KNOX
STATE OF n.z ozo•-�•� ) Notary Public-Arizona
)Ss Maricopa CountyCounty ofrnara �ut -`My Comm. Expires May 5,2010
On this 1_day of �p r 2016 before me, the undersigned, a Notary Public in and for
the said State, personally appeared the Grantor, Lauri Ann Sippel, Co-Trustee of the William H. And
Betty Anne Sippel Trust, known to me to be the identical individual who executed the foregoing
instrument, who acknowledged to me that each individual executed the same as the free and voluntary
act of said congregation, with full authority to do so and with full knowledge of its contents, for the uses
and purposes therein mentioned;
IN WITNESS WHEREOF, i,have hereunto set my hand and affixed my official seal this day and year
above written.
BRANDON KNOX "
Notary Public-Arizona o ary Public in and for the State of rlrc�zu��
Maricopa County My Commission Expires: a
. y, •y-My Comm. Expires May 5,2010
CITY OF BOZEMAN PROJECT NAME:OAK STREET ROADWAY IMPROVEMENTS Parcel 7
PROJECT#:4524.11402.05 Page 2 of 4
186
CERTIFICATE OF ACCEPTANCE
THIS IS TO CERTIFY that the CITY OF BOZEMAN, a Municipal Corporation of the State of Montana,
Grantee herein, acting by and through its City Manager and City Clerk for the City of Bozeman, hereby
accepts for public purposes, the real property, or interest therein, described in this instrument and
consents to the recordation thereof:
CITY OF BOZEMAN
Date:
By: Chris Kukulski
City Manager
ATTEST:
By: Robin Crough
City Clerk
STATE OF MONTANA )
)ss.
County o"Goiiatin )
The foregoing instrument was acknowledged before me this day of ,
2016 by Chris Kukulski and Robin Crough, known to me to be the City Manager and City Clerk for the
City of Bozeman and the persons whose names are subscribed to this instrument,and acknowledged to
me that they executed the same for and on behalf of the City of Bozeman.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal this day and year
above written.
Notary Public in and for the State of Montana
My Commission Expires:
CITY OF BOZEMAN PROJECT NAME:OAK STREET ROADWAY IMPROVEMENTS Pared 7
PkOJECTO..4624. M.*2.05 Page 3 of 4
187
I
l
rn — —
Q � K T
... :
:::'EASEMENT
:::::EXISTING::: ::r: : :::: :-
-'!SEWER
�:;�:EASEMENT
?:...i.-:> :-:=:-:.
::PROPERTY : : ;:::::=
RiW Legend LItyE................?'.:-::::-::`::::;;::
® Existing Road Easement
Full Acquisition of Parcel
Current Owner:
William H.Sippel and Lauri
Ann Sippel,as Co-Trustees
of the William H.and Betty
Anne Sippel Trust
Tract 4 TBD
Bozeman, MT 59718 WY2WYzSWX OF
SEC.2,T2S,R5E
........... ............................................
..........................
Tract 4 of Certificate of Survey recorded in Film
13,Page 166,and described as follows:A tract
of land in the West half of the West half of the
Southwest Quarter W%W/SW% of Section
Two(2),Township Two(2),South,Range Five
(5)East, Montana Principal Meridian,Gallatin
County,Montana, and described as follows:
Beginning at point on the West line of Section
9 g a
Two(2),which point bears North 01'36'27"
East along said West line a distance of 1324.28
feet from the Section corner common to
Sections 2 3 10 and 11;Thence North
01°36'27"East along said West line a distance
of 1325.26 feet to the one-quarter corner I
common to Sections Two(2)and Three(3);
Thence North 89'45'11"East along the North
line of said Southwest Quarter SW'/<
( ) a
distance of 32 c 9.63 feet Thence South
: -:
01°35'26"West,a distance of 1325.13 feet;
Thence South 89°44'00"West,a distance of
330.00 feet to the point of beginning.
I
I
I
Ri ht of Way Required for Oak Street and PROJECT: 624J140205
avis Lane Roadway Improvements DATE 94' 16
p C]W G City of Bozeman,Montana EXHIBIT A
2=ft0.D'. e_'.%M.UMWi5 PARCEL 7
"- Page 4 of 4
188
APPRAISAL REPORT
OF
PARCEL 7
OAK STREET ACQUISITIONS
BOZEMAN, MONTANA
FOR
TONY BECKEN-GADDO, P.E.
DOWL HKM
PREPARED BY:
NICHOLAS J. HOGAN, MAI
HALL -WIDDOSS & COMPANY, P.C.
1001 SW HIGGINS AVE., SUITE 201
MISSOULA, MT 59803
— Hall—Widdoss&Company,P.C. —
1189
TABLE OF CONTENTS
SUMMARY OF SALIENT FACTS AND CONCLUSIONS........................................................ 6
RECORD OWNER/SALES HISTORY......................................................................................... 8
HISTORY OF THE PROPERTY................................................................................................... 8
LOCATION OF PROPERTY......................................................................................................... 8
LEGALDESCRIPTION ................................................................................................................ 8
TAXESAND ASSESSMENTS ..................................................................................................... 8
PLATMAP..................................................................................................................................... 9
SUBJECTPHOTOGRAPHS ....................................................................................................... 10
HIGHEST AND BEST USE ........................................................................................................ 14
Valuation:...................................................................................................................................... 18
AdjustmentGrid: .......................................................................................................................... 19
VALUE ESTIMATE AND CERTIFICATION...........................................................................21
ADDENDA
Assumptions & Limiting Conditions
Taxes
Zoning Map &Regulations
Appraiser Qualifications
— Hall—Widdoss&Company,P.C. —
2190
Hall - Widdoss & Company, A C. MT, Steven A.Hall,MAC, CCfCM
ID& WY General Certi aed
Real Estate Appraisers & Consultants Nicholas J.Hogan,MAI
1001 SW Higgins Avenue, Suite 201 MT General Certified
Missoula, MT 59803 Matt S.Hall
Ph. (406) 721-3822 Fax (406) 721-7848 MT General Certified
Steve.Ha ll(khall-Widdoss.com
nickhogan(a),�mail.com John Widdoss,MAI,ARA
42-8844
SD 57783
matthall7667&hotmail.com Spearfish,(605) 68844
April 1, 2016
Tony Becken-Gaddo, P.E.
Dowl HKM
2090 Stadium Drive
Bozeman, Montana 59715
RE: Parcel 7, Oak Street Acquisitions.
Dear Mr. Becken-Gaddo:
In response to the contract located in the addenda of the sales catalog, I have prepared an
appraisal of the above referenced property. The appraisal references data in this project
report/sales catalog and access to that document is completely necessary to understand the
analysis and conclusions contained herein.
Typically, the purpose of an appraisal for PUE is for estimating the current fair market value,before
the imposition of the road easement, its current fair market value after imposition of the road
easement, and an estimate of compensation due to the property owner. In the case of the subject
property, this is a total acquisition of the site. Therefore, there is no requirement for a before and
after analysis. This is simply the value of the entire property as a whole, owned in fee simple. I
assume no responsibility for matters that are legal in nature nor do I render an opinion as to title.
The subject site contains a gross site area of 10.03 acres located at the southeast corner of Davis
Lane and West Oak Street. This is a rectangular shaped tract level and at grade with the
surrounding streets and properties. Access is from Oak Street that sets the northerly boundary of
the subject property. The property is currently zoned SRR by Gallatin County and is located in
flood zone X which is an area of minimal flood hazard. FEMA panel 30031C0804D effective
September 2 of 2011 is a non-printed panel.
Under general requirements, the appraisal has been prepared in conformance with the Uniform
Standards of Professional Appraisal Practice (USPAP). The appraisal of the subject will present
my findings and conclusion of the "as is" fee simple market value of the property as of the date
of final inspection. Specific reference to the issue of competency is required. It is recognized
that Nicholas J. Hogan, MAI has adequate current, practical experience in the appraisal of vacant
land and subdivision properties in Western Montana. As such, I believe I am competent to
provide this appraisal service.
Appraisals and Consultations in Acquisitions/Dispositions,Feasibility Studies,
Partial Interests, Condemnation ggation,Investment Analysis.
Based on the request from the client, this appraisal represents a total acquisition of the subject
property. There is no requirement for a before and after analysis. This will simply be an
analysis of the full acquisition of the property. Given this is a fee acquisition, there is no
requirement for a before/after analysis. The map below outlines the impact to the subject
property given the proposed roadway. The city believes the remainder property to have some
development challenges that my limit the development opportunities. For this reason they
believe a complete acquisition is favorable to both parties and the owners are open to a complete
acquisition.
_RW;" rig
__
,pow
�Sw.l tngt, _
ROMM1 J!Jenal M Fm)JS vti
. r Ca.n1Y Zon�n9 n..,liLl, 27
g k w.
r w er .i �G s `FeloO pp i
J�'
ANNIE STREET
`
l q
Nil aR� i
87 A 1a94ne)Fm 188.
r
1. lRr" r
.DURSTONROAD, ♦ __-
EXHIBIT PROPOSED ROAD_ALIGNMENT THE CITY OF B02EMAN rwa
L 1 SM661'DSBCWPt10N — I---
---r-
— Hall—Widdoss 4&grpany,P.C.1 —
Based upon my investigations, studies and analyses, my opinion of the fee simple market value
of the subject site, in its' "as is" condition, considering the assumptions and limiting conditions
discussed herein and as of October 20, 2015 to be:
SEVEN HUNDRED SIXTY FOUR THOUSAND SIX HUNDRED DOLLARS
($764,600.00)
Your attention is invited to the data found within the body of this report as well as the sales
catalog which is the foundation of this conclusion. The analysis and conclusions contained
herein require the sales catalog for a complete understanding and compliance with USPAP. I
wish to thank you for this opportunity; should you find need of this firm's services again,please
do not hesitate to contact me.
Professionally yours,
HALL - WIDDOSS & COMPANY, P.C.
Nicholas J. Hogan
ZE]e� 2016.04.01
14:33:12-06'00'
NICHOLAS J. HOGAN, MAI
MT General Certificate No. REA-REG-LIC-370
Expires 3/31/17
— Hall—Widdoss 6impany,P.C. —
SUMMARY OF SALIENT FACTS AND CONCLUSIONS
RECORD OWNER :William H. and Betty Ann Sippel Trust
LOCATION OF PROPERTY :SEC of Davis Lane and West Oak Street,
Bozeman, MT.
PROPERTY RIGHTS APPRAISED :Fee simple title
DATE OF VALUATION :October 20, 2015
DATE OF REPORT :April 1, 2016
PRESENT USE :Vacant land
HIGHEST AND BEST USE :Subdivision potential.
SUMMARY DESCRIPTION OF PROPERTY:
fit
t� `~ i�".P�-� e � _L_� - _sue•- `- - _ ,�•�i`?.�af3�` '
Land Size: :The subject property consists of a 10.03 acre site
located just near the intersection of Davis Lane and
West Oak Street.
Shape/Configuration :Site is rectangular in shape & configuration.
Street Improvements :The property has frontage and exposure to West
Oak Street. This is a two lane asphalt improved
roadway at this location.
— Hall—Widdoss 6&1�q pany,P.C. —
Frontage/Access :Property has access to West Oak Street which sets
the northerly boundary of the property.
Topography/Terrain :The land is predominately level and at grade with
the surrounding streets and properties.
Soil Conditions :Not independently investigated nor is an opinion
rendered on suitability for development, load
bearing qualities or production. I have assumed no
soil problems exist.
Flood Hazard :The property is located in flood zone X which is an
area of minimal flood hazard. FEMA panel
30031C0804D effective September 2 of 2011 is a
non-printed panel.
Hazardous Substances :None observed.
Utilities
Water..................................................................................City of Bozeman
Sewer..................................................................................City of Bozeman
NaturalGas ................................................................................NW Energy
Electrical....................................................................................NW Energy
Zoning: :The subject property is zoned SRR by Gallatin
County. This zone is intended to provide for the
continuation of existing agricultural pursuits, while
also allowing for limited residential development. It
is also the intent of this zone that new residential
development be designed to minimize impacts upon
nearby agricultural uses, and that residential
development be designed to interface with nearby
agricultural operations.
Easements/Encroachments: :None noted.
Water Rights: :There are no water rights associated with the
subject property.
Mineral Rights: :An analysis of the mineral rights is outside the
scope of this analysis and is not included.
Improvements: :There are no structural improvements to the subject
property.
Use History: :The subject is a vacant property and has not been
developed historically.
Rental History: :There have been no rental agreements or rental
uses of the property.
— Hall—Widdoss 6rpany,P.C. —
RECORD OWNER/SALES HISTORY
According to the records of the Gallatin County Clerk and Recorder's Office, the subject
ownership is shown as William H. and Betty Anne Sippel Trust. The subject property has been
under that ownership for a time period exceeding 3 years.
I met the owner's real estate agent and representative on site at the owner's request. I did not
have the opportunity to interview the property owners for this assignment. I also did not have
the opportunity to view the property on site. The owners requested that the physical inspection
of the site be done from public roadways. All photographs were taken from and the inspection
completed from public roadways.
I have made the extraordinary assumption there are no onsite issues that impact value or
usability of the subject property. The real estate agent and the owner representative were
interviewed relative to onsite issues and noted there is nothing of import.
The subject property was listed by a local realtor on November 14, 2014 at a price of$800,000.
That was a one year listing that did not result in a sale. The property was not placed on the MLS
system but did have a signed listing agreement. There was one "low ball" offer that was not
even considered but the agent would not confirm the offer price. There were no other offers or
anything of import during this one year agreement. The property was not re-listed after the
expiration in November of 2015.
HISTORY OF THE PROPERTY
The subject property has historically been vacant land. There have been no improvements to the site.
LOCATION OF PROPERTY
The subject property is located along the south side of Oak Street, immediately south of Davis Lane.
The property does not have frontage to Davis Lane, only Oak Street. .
LEGAL DESCRIPTION
According to information provided the subject property is legally described as:
S02, T02 S, R05 E, ACRES 10.03, TR 4 W2W2SW4
TAXES AND ASSESSMENTS
The subject property taxes are shown at a total of$1,989.79 for 2014. That is at$198.38 per
acre on an annual basis.
Total Taxes $ 1,989.79
size 10.03
Per Acre $ 198.38
— Hall—Widdoss g&1 Warty,P.C. —
PLAT MAP
wr
H
L-]
Z
� 1 _
ME
mac. , ' 'rrlLA
��' '�
u� ' Cater NIII:I St ^
2 A �
Lei .1
• RIE jL1L �.
�..1 -'AIL, 4 r
as AI LL
LN
IL
_ 1 artnallA�.
IKI
I �►�'�` ' �YNO
From rra , p rr.
.osl
— Hall—Widdoss 9&1�o pany,P.C. —
SUBJECT PHOTOGRAPHS
ABOVE: View from near the north easterly corner of the subject property looking in
an easterly direction. Oak Street is to the right of the photograph and sets
the northerly boundary of the subject property. (902)Photograph taken by
Nicholas J. Hogan, MAI on October 20, 2015.
BELOW: View from near the same location as the previous photograph. This
photograph was taken looking in an easterly direction on Oak Street.
(907) Photograph taken by Nicholas J. Hogan, MAI on October 20, 2015.
4
r
— Hall—Widdoss&Wpany,P.C. —
�s
.M
1 —
S' Z.1.
4�y '
C T,
ei
v
ABOVE: View from near the north easterly corner of the subject property looking in
a southerly direction. The subject's easterly boundary is to the left of the
photograph. (923) Photograph taken by Nicholas J. Hogan, MAI on
October 20, 2015.
BELOW: View along Oak Street taken from near the north easterly corner of the
subject property. This view shows Oak Street to the right of the
photograph and the subject property to the left of the photograph. (931)
Photograph taken by Nicholas J. Hogan, MAI on October 20, 2015.
— Hall—Widdoss&Wpany,P.C. —
i
k>
ABOVE: View from near the center of the tract along Oak Street, looking in a
southerly direction. (959) Photograph taken by Nicholas J. Hogan, MAI
on October 20, 2015.
BELOW: View from near the north westerly corner of the subject property looking
in a southerly direction. The tree line to the right of the photograph is the
approximate westerly subject boundary. (037) Photograph taken by
Nicholas J. Hogan, MAI on October 20, 2015.
R tiiz•
— Hall—Widdoss CCoompany,P.C. —
—I
r -
r
ABOVE: View from near the subject's north westerly corner looking in an easterly
direction along Oak Street. Oak Street is to the left of the photograph and
the subject property is to the right of the photograph. (040) Photograph
taken by Nicholas J. Hogan, MAI on October 20, 2015.
BELOW: View from just north of the intersection of Oak Street and Davis Lane.
This photograph was taken looking in a southerly direction. (205)
Photograph taken by Nicholas J. Hogan, MAI on October 20, 2015.
— Hall—Widdoss �1mpany,P.C. —
1
HIGHEST AND BEST USE
The following definition of Highest and Best Use is taken from The Appraisal Institute, "The
Dictionary of Real Estate Appraisal, Fifth Edition."
"The reasonably probable and legal use of vacant land or an improved property that is physically possible,
appropriately supported,financially feasible, and that results in the highest value. The four criteria the
highest and best use must meet are legal permissibility,physical possibility,financial feasibility, and
maximum productivity. Alternately, the probable use of land or improved property-specific with respect
to the user and timing of the use-that is adequately supported and results in the highest present value."
As taken from this same source, the definitions of highest and best use of land or a site as
though vacant and the definition of highest and best use of property as improved are
presented for clarity of discussion.
AS VACANT:
"Among all reasonable, alternative uses, the use that yields the highest present land value, after payments
are made for labor, capital, and coordination. The use of a property based on the assumption that the
parcel of land is vacant or can be made vacant by demolishing any improvements."
AS IMPROVED:
"The use that should be made of a property as it exists.An existing improvement should be renovated or
retained as is so long as it continues to contribute to the total market value of the property, or until the
return from a new improvement would more than offset the cost of demolishing the existing building and
constructing a new one."
Implied is that the determination of Highest and Best Use results from the appraiser's
interpretation of market evidence; e.g. that the use determined from analysis represents an
interpretative opinion and not a fact to be found. In appraisal practice, the concept of Highest
and Best Use requires the appraiser give consideration to any and all uses to which the property
was capable of being adapted. Consideration must be given these uses, recognizing the
limitations imposed first by governmental regulations such as zoning ordinances, building codes
and health standards and secondly, by the attitudes of the typical investors in real property of this
type in the area encompassing the subject property.
The land value is based on a premise of the Highest and Best Use of the property as though
vacant. There are four tests which are considered in developing an opinion as to the Highest and
Best Use of the property. These four tests include an examination of uses that are physically
possible, legally permissible, financially feasible and maximally productive.
There are five general uses which are considered. These include residential, commercial,
industrial, agricultural and recreational.
Within the Montana marketplace we have found it more prudent to begin the analysis with
legally possible since this helps refine the analysis quite quickly.
— Hall—Widdoss 6rpany,P.C. —
1
Legally Permissible:
The subject property is zoned SRR which is a semi-rural residential zone. This zone is intended to
provide for the continuation of existing agricultural pursuits, while also allowing for limited
residential development. It is also the intent of this zone that new residential development be
designed to minimize impacts upon nearby agricultural uses, and that residential development be
designed to interface with nearby agricultural operations.
Essentially, several broad use categories can be eliminated as a result of the zoning issue. The
intent of the zoning is not to promote heavy industrial use within this zone. A strict agricultural
utility of this property would be illogical given the size of the property, the location, and the
changings economics of the area. Simply, the use of this property for heavy industrial or
agricultural utility is unlikely.
The same is true of recreational use given that the property has no attributes that would lead
toward specific recreational amenities. Therefore, the consideration of open space or parkland is
not requisite or probable. There are no influences that would imply a highest and best use for
recreational development. There is no demand or legally permissible commercial use at this
location. Therefore a strict commercial use or utility is highly unlikely for this property. The
zoning leads toward a residential use.
Physically Possible:
The subject represents a gross site area that has no deductions for right-of-way easements, etc.
with no floodplain areas associated. The subject property is rectangular in shape and has
frontage to Oak Street which sets the northerly boundary. Utilities availability has shown no
physical limitations for the historical use. Sewer and water are located in close proximity but not
to the property boundaries and are not hooked up. Extension and hookup to those services would
require annexation into the city of Bozeman. The property does have access to electricity,
natural gas, telephone service and private garbage collection.
The terrain is generally level and at-grade with the surrounding roadways although it is an
observed condition that the property is not table top flat. This is not a significant detail. The site
is rectangular in shape and this does not lead to a significant limitation to development. It is
consistent with this market. Based on this discussion, the subject property has no physical
characteristics that would limit the type of residential uses possible for the site.
Financially Feasible/Maximally Productive:
The subject property would have an obvious implication for highest and best use correlated to
the legal permissible and physically possible expectations. This subject zoning is SRR which is
a semi-rural residential zone. That is a county zoning and the majority of the surrounding
neighborhood is located within the city. The community plan future land use for the subject is
shown as residential.
— Hall—WiddossffiTnpany,P.C. —
1
1f
rl.
1 i
v
ti
MWO
lid
q
The above photograph outlines the city limits of Bozeman. As can be seen the subject and
several properties adjacent are located outside of the city limits. The majority of the properties
in the subject's immediate neighborhood are located within city limits.
° � I
ir
_ _. .
The city of Bozeman capital planning map is shown above. The subject property is located
within a residential community plan future land use area. Therefore the long-term expectation of
this property is for residential and very likely residential subdivision.
— Hall—Widdoss �4 pany,P.C. —
1
i
- ' 4-v.
aF
riv
� -�--
The photograph above shows the subject is generally surrounded by relatively intense single-
family residential subdivisions. There are open pockets of land including the subject, the parcel
adjacent to the west as well as parcels located to the south. There are also pockets of open space
to the west and northwest of the subject. While there are vacant properties adjacent to the
subject, there are dense subdivisions located east, south, and west of the subject property.
Given the fact the majority of the property surrounding the subject is located within the city there
is little doubt this property will be annexed at some point. With that said there are remaining
agricultural and rural residential properties in this neighborhood, including the subject, as well as
the sites located directly to the east and west of the subject. There are several sales in the
subject's immediate area that are similar to the subject in terms of redevelopment potential.
The highest and best use of the subject is for an interim use until a higher density development
occurs. The most likely buyer would come from two likely groups. An end-user who would
immediately utilize the property to its highest and best use is a possibility. The other possibility
is a speculative buyer who would purchase the property with no intention of immediately using
the property under the current highest and best use, or residential development. At the current
time it's unknown which a buyer group is a more likely purchaser of the subject property.
— Hall—Widdoss 8 �o`mpany,P.C. —
1
Valuation:
The following outlines the emphasized sales used for the subject value. The adjustment grid is
located below.
v �• > 1 t
--
son
Hall-
r'
y aM j., i-• Qaws o- -r, --
Sa.e No 3� , - .c t�-pdi��st •„1.. •�'r eM`'- �� =�-�'
•.f. n
• .
. O � ..• Sage JG 10 j. ` n Pig �0s5� _ ' �"
La bd^7St •'t I, ...-... YD�aI/t5tlll 1 -
JI[ r �a ■� {_ S � �N� >of S� i9""i .�r ¢�.�Ya
I - � .�—i v � ' r i� i♦ L
�/ , •jn .� �2C15 Googie � -. 4 t t.- (�� Go\�x�`+��I ii
••• • •. P.C.
1.
Adjustment Grid:
Sale No.
Size 4.03 7.24 36.90 8.65 6.06 7.50
Unit Price $1.72 $1.59 $0.69 $1.90 $1.23 $1.15
Date of Sale Dec-15 Jul-15 Jun-14 Jun-14 Mar-13 Feb-11
Current Date Oct-15 Oct-15 Oct-15 Oct-15 Oct-15 Oct-15
Time Lapse(months) 0 3 16 16 31 56
Adjustments:
Property Rights $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
Financing Terms $0.00 $0.00 $0.00 $0.00 $0.00 $0.000
Conditions of Sale $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
Market Conditions $0.00 $0.07 $0.15 $0.43 $0.58 $1.16
Adjusted Base Unit Price $1.72 $1.65 $0.83 $2.33 $1.82 $2.30
Physical Conditions:
Access $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
Location $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
Size ($0.34) , _ $0.00 $0.46 $0.00 $0.00 $0.00
Shape $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
Topography $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
Utilities $0.00 $0.00 1 $0.00 $0.00 $0.00 $0.00
Zoning $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
Adjusted Unit Price $1.38 $1.65 $1.29 $2.33 $1.82 $2.30
The subject property was listed at the time of the inspection for$800,000. That listing is no
longer in MLS as of the report date. That list price amounted to $1.83 per sq.ft. Overall, that is
generally supported by the analysis in the grid shown above. The six sales produced a range of
adjusted indications from a low of$1.29 per sq.ft. to an upper end of$2.33 per square foot.
Sale No. 1 is a smaller parcel with a city R- 1 zoning. This indication is shown at$1.72 per
sq.ft. and is not emphasized in the final analysis given the size and zoning differences. Sale No.
11 is an older sale that had a significant market conditions adjustment. That produced an
indication of$2.30 per sq.ft. Based on the February 2011 sale date, that sale is not emphasized
to the same degree as the remainder of the information.
Sale No. 3 is located directly west of the subject property. This property will have frontage to
Oak Street on the northerly boundary when oak is extended west of Flanders Mill Road.
Currently this property has access from Durston Road to Flanders Mill Road. This property has
the same zoning as the subject but differs in size from 10.03 acres to 36.9 acres. This property
sold for$0.69 per sq.ft. and adjusted to $1.29 per sq.ft. Given the size difference I have not
emphasized this sale.
- Hall-Widdossl �7 pany,P.C. -
Sale No. 2 is located directly north of the subject property. This is a recent sale only slightly
smaller than the subject. However, it was a bank owned REO. This property produced an
adjusted indication of$1.65 per square foot.
Sale No. 6, Sale No. 10 and Sale No. 11 are emphasized in the final analysis. Those properties
compare slightly better in terms of overall size when compared directly to the subject.
Sale No. 6 is located directly south of the subject on Durston Road. Overall, this is a very
similar property with a similar frontage, Oak Street versus Durston Road. This property has city
R-3 and R-4 zoning and adjusted to $2.33 per sq.ft.
Sale No. 10 is located directly south of the subject on Durston Road. This 6.06 acre tract was
zoned the same as the subject and sold for$1.23 per sq.ft. in March 2013. The adjusted
indication is shown at $1.82 per sq.ft.
Sale No. 11 is slightly older and has a slightly superior location in proximity to North 19t'
Avenue.
In the final analysis, I looked at Sale No. 6 and Sale No. 10 as the better indications of current
market value. There is some potential Sale No. 6 could have been adjusted for size creating a
slightly lower indication. However, the difference between 6.06 acres and 10.03 acres is not as
significant. The two emphasized sales have a range of$1.82 per sq.ft. to an upper end of$2.33
per sq.ft.
The former listing expired at $1.83 per sq.ft. with no sale suggesting something toward the lower
end of the range. The subject property was on the market for a year and was exposed to the
market(there was one offer albeit low). Therefore, the subject listing price of$1.83 per sq.ft.
sets the upper limits of value. Given the expired listing and other information I've shown a final
conclusion of value at a rate slightly less than the expired listing at $1.83 per sq.ft. My final
conclusion is shown at $1.75 per sq.ft.
Category
Subject Size 10.03
SF 436,907
Per SF $1.75
Total $764,587
Rounded to $764,600
— Hall-Widdoss2&Wpany,P.C. —
VALUE ESTIMATE AND CERTIFICATION
The undersigned does hereby certify that(except as otherwise noted in this appraisal report):
1. I have made a personal, detailed inspection of the subject property. I have inspected
the local sales data consulted for a derivation of market value unless otherwise
specifically identified as not being personally viewed. I have performed no services as
an appraiser, or in any other capacity regarding the property that is the subject of this
report within a three year period immediately preceding acceptance of this assignment.
2. I have no present or perspective interest in the property that is the subject of this report,
and I have no personal interest or bias with respect to the parties involved.
3. My compensation is not contingent upon the reporting of a predetermined value or
direction in value that favors the cause of the client, the amount of the value estimate,
the attainment of a stipulated result, or the occurrence of a subsequent event.
4. I certify that the appraisal assignment was not based on a requested minimum
valuation, a specific valuation, or the approval of a loan. Employment of the appraiser
was not conditioned upon the appraisal producing a specific value or a value within a
given range.
5. 1 certify that, to the best of my knowledge and belief the statements of fact contained in
this report are true and correct. Furthermore, no important facts have been knowingly
withheld or overlooked.
6. The reported analyses, opinions, and conclusions are limited only by the reported
assumptions and limiting conditions, and is my personal, unbiased professional
analyses, opinions, and conclusions. The hypothetical conditions and/or extraordinary
assumptions required of this appraisal assignment are specifically noted within the
Scope of Work are critical to the analyses and conclusions expressed herein. The
reader is directed to fully understand the conditions contained in that section of the
report.
7. The reported analyses, opinions, and conclusions were developed, and this report has
been prepared, in conformity with the requirements of the Code of Professional Ethics
& Standards of Professional Appraisal Practice of the Appraisal Institute, which
include the Uniform Standards of Professional Appraisal Practice.
8. As of the date of this report, I,Nicholas J. Hogan, MAI, have completed the continuing
education program of the Appraisal Institute.
9. The use of this report is subject to the requirements of the Appraisal Institute relating to
review by its duly authorized representatives.
10. No one provided significant professional assistance to the person(s) signing this report.
— Hall—Widdoss28 6gnpany,P.C. —
11. The report contains necessary discussion concerning a reasonable marketing period for
the subject property within the estimated value shown.
12. This report is in compliance with applicable regulations governing appraisal services
and appraisal reporting requirements for the State of Montana.
Based upon my investigations, studies and analyses, my opinion of the fee simple market value
of the subject site, in its' "as is" condition, considering the assumptions and limiting conditions
discussed herein and as of October 20, 2015 to be:
SEVEN HUNDRED SIXTY FOUR THOUSAND SIX HUNDRED DOLLARS
($764,600.00)
Nicholas J. Hogan
_ 2016.04.01
1 D ; Afi'00'
MT General Certificate No. REA-REG-LIC-370
Expires 3/31/17
— Hall—Widdoss2&Wpany,P.C. —
ADDENDA
—Hall—Widdoss&Company,P.C.-
211
ASSUMPTIONS AND LIMITING CONDITIONS
By this notice, all persons and firms reviewing,utilizing or relying on this report in any manner bind
themselves to accept these assumptions and limiting conditions. Do not use this report if you do not so
accept. These conditions are a part of the appraisal report, they are a preface to any certification,
definition, fact or analysis,and are intended to establish as a matter of record that the appraiser's function
is to provide a present market value indication for the subject property based upon the appraiser's
observations as to the subject property and the local and/or regional real estate market. This appraisal
report is an economic study to estimate value as defined in it. It is not an engineering, construction, legal
or architectural study nor survey and expertise in these areas, among others, is not implied.
1. LIMIT OF LIABILITY:
The liability of the firm HALL-WIDDOSS AND COMPANY,P.C. and employees and affiliated
independent contractors is limited to the CLIENT ONLY AND TO THE FEE ACTUALLY RECEIVED BY
APPRAISER(TOTAL PER APPRAISAL).FURTHER,THERE IS NO ACCOUNTABILITY,
OBLIGATION,OR LIABILITY to any third party.If this report is placed in the hands of anyone other than
the client,the client shall make such assignment and related discussions.The Appraiser is in no way to be
responsible for any costs incurred to discover or correct any deficiencies of any type present in the property;
physically,financially,and/or legally.In the case of limited partnerships or syndication offerings or stock
offerings in real estate,client agrees that in case of lawsuit(brought by lender,partner,or part owner in any
form of ownership,tenant,or any other party),any and all awards,settlements of any type in such suit,
regardless of outcome,client will hold Appraiser completely harmless in any such action.
2. COPIES,PUBLICATION,DISTRIBUTION,USE OF REPORT:
Possession of this report or any copy thereof does not carry with it the right of publication,nor may it be
used for other than its intended use;the physical report(s)remain the property of HALL-WIDDOSS AND
COMPANY,P.C.for the use of the client;the fee being for the analytical services only.
The Bylaws and Regulations of the Appraisal Institute require each Member and Candidate to control the use
and distribution of each appraisal report signed by such Member or Candidate except as hereinafter provided,
the client may distribute copies of this appraisal report in its entirety to such third parties as he may select;
HOWEVER,selected portions of this appraisal report shall NOT be given to third parties without the prior
written consent of the signatories of this appraisal report.Neither all nor any part of this appraisal report shall
be disseminated to the general public by the use of advertising media,public relations,news,sales or other
media for public communication without the prior written consent of the Appraiser.
3. CONFIDENTIALITY:
This appraisal is to be used only in its entirety and no part is to be used without the whole report.All
conclusions and opinions concerning the analysis as set forth in the report were prepared by the Appraiser(s)
whose signature(s)appear on the appraisal report,unless indicated as"Review Appraiser".No change of any
item in the report shall be made by anyone other than the Appraiser and/or officer of the firm.The Appraiser
and firm shall have no responsibility if any such unauthorized change is made. The Appraiser may not
divulge the material(evaluation)contents of this report,analytical findings or conclusions,or give a copy of
the report to anyone other than the client or his designee as specified in writing except as may be required by
the Appraisal Institute as they may request in confidence for ethics enforcement,or by a court of law or body
with the power of subpoena.Sales information obtained during the course of this appraisal assignment is the
Appraiser's and it can be used or exchanged without consent of the client.
4. TRADE SECRETS:
This appraisal was obtained from HALL-WIDDOSS AND COMPANY,P.C.and/or its individuals or
related independent contractors and consists of"trade secrets and commercial or financial information"
which is privileged and confidential and exempted from disclosures under 5 U.S.C.552(b)(4).Notify the
Appraiser(s)signing report or a principal in Hall-Widdoss and Company,P.C.for any request to reproduce
this appraisal in whole or in part.
HALL-WIDDOSS&COMPANY,P.C.
212
5. INFORMATION USED:
No responsibility is assumed for accuracy of information furnished by work of or work by others,the client,
his designee,or public records.We are not liable for such information or the work of possible subcontractors.
Be advised that some of the people associated with Hall-Widdoss&Company,P.C.and possibly signing
the report are independent contractors.
The comparable data relied upon in this report has been confirmed with one or more parties familiar with the
transaction or from affidavit or other source thought reasonable;all are considered appropriate for inclusion to the best
of our factual judgement and knowledge.An impractical and uneconomic expenditure of time would be required in
attempting to furnish unimpeachable verification in all instances,particularly as to engineering and market-related
information.It is suggested that the client consider independent verification as a prerequisite to any transaction
involving sale,lease,or other significant commitment of funds for subject property.
6. TESTIMONY,CONSULTATION,COMPLETION OF CONTRACT FOR APPRAISAL SERVICE:
The contract for appraisal,consultation or analytical service is fulfilled,and the total fee is payable prior to
delivery of the report.The Appraiser(s)or those assisting in preparation of the report will not be asked or
required to give testimony in court or hearing because of having made the appraisal,in full or in part,nor
engage in post appraisal consultation with client or third parties except under separate and special
arrangement and at additional fee.If testimony or deposition is required because of any subpoena,the client
shall be responsible for any additional time,fees,and charges regardless of issuing party.
7. EXHIBITS:
The sketches and maps in this report are included to assist the reader in visualizing the property and are not
necessarily to scale.Various photos,if any,are included for the same purpose as of the date of the photos.
Site plans are not surveys unless shown from separate surveyor.
8. LEGAL,ENGINEERING,FINANCIAL,STRUCTURAL,OR MECHANICAL NATURE HIDDEN
COMPONENTS,SOIL:
The Appraiser and/or firm has no responsibility for matters legal in character or nature,nor of any
architectural,structural,mechanical,or engineering nature.No opinion is rendered as to the title,which is
presumed to be good and merchantable.The property is appraised as if free and clear,unless otherwise stated
in particular parts of the report.
The legal description is assumed to be correct as used in this report as furnished by the client,his designee,or as
derived by the Appraiser. Please note that no advice is given regarding mechanical equipment or structural integrity or
adequacy nor soils and potential for settlement,drainage,and such(seek legal assistance),and such.The lender and
owner should inspect the property before any disbursement of funds;further it is likely that the lender or owner may
wish to require mechanical or structural inspections by qualified and licensed contractor,civil or structural engineer,
architect,or other expert.
The Appraiser has inspected as far as possible,by observation,the land and the improvements;however,it
was not possible to personally observe conditions beneath the soil or hidden structural,or other components.
We have not critically inspected mechanical components within the improvements and no representations are
made herein as to these matters unless specifically stated and considered in the report.The value estimate
considers there being no such conditions that would cause loss of value.The land or the soil of the are being
appraised appears firm,however,subsidence in the area is unknown.The Appraiser(s)do not warrant against
this condition or occurrence of problems arising from soil conditions.
The appraisal is based on there being no hidden,unapparent,or apparent conditions of the property site,subsoil,or
structures or toxic materials which would render it more or less valuable.The Appraiser and firm have no
responsibility for any such conditions or for any expertise or engineering to discover them.All mechanical components
are assumed to be in operable condition and status standard for properties of the subject type.Conditions of heating,
cooling,ventilating,electrical and plumbing equipment is considered to be commensurate with the condition of the
balance of the improvements unless otherwise stated.No judgement may be made by us to adequacy of insulation,type
of insulation,or energy efficiency of the improvements or equipment which is assumed standard for subject age and
type.
If the Appraiser has not been supplied with a deficiency or hazard inspection,survey or occupancy permit,
no responsibility or representation is assumed or made for any costs associated with obtaining same or for
HALL-WIDDOSS&COMPANY,P.C.
213
any deficiencies discovered before or after they are obtained.No representation or warranties are made
concerning obtaining the above mentioned items. The Appraiser has no responsibility for any costs or
consequences arising due to the need,or the lack of need for flood hazard insurance.An Agent for the
Federal Flood Insurance Program should be contacted to determine the actual need for Flood Hazard
Insurance.
9. LEGALITY OF USE:
The appraisal is based on the premise that,there is full compliance with all applicable federal,state and local
environmental regulations and laws unless otherwise stated in the report;further,that all applicable zoning,
building,use regulations and restrictions of all types have been complied with unless otherwise stated in the
report;further,it is assumed that all required licenses,consents,permits,or other legislative or administrative
authority,local,state,federal and/or private entity or organization have been or can be obtained or renewed
for any use considered in the value estimate.
10. COMPONENT VALUES:
The distribution of the total valuation in this report between land and improvements applies only under the
existing program of utilization. The separate valuations for land and building must not be used in conjunction
with any other appraisal and are invalid if so used.
11. AUXILIARY AND RELATED STUDIES:
No environmental or impact studies,special market study or analysis,highest and best use analysis study or
feasibility study has been requested or made unless otherwise specified in an agreement for services or in the
report.
12. DOLLAR VALUES,PURCHASING POWER:
The market value estimated,and the costs used,are as of the date of the estimate of value.All dollar amounts
are based on the purchasing power and price of dollar as of the date of value estimate.
13. INCLUSIONS:
Furnishings and equipment or personal property or business operations except as specifically indicated and
typically considered as part of real estate,have been disregarded with only the real estate being
considered in the value estimate unless otherwise stated. In some property types,business and real estate
interests and values are combined and essentially integrated to comprise the property in total,i.e.
Hotels/Motels.
14. PROPOSED IMPROVEMENTS,CONDITIONED VALUE:
Improvements proposed,if any,on or off-site,as well as any repairs required are considered,for purposes of
this appraisal to be completed in good and workmanlike manner according to information submitted and/or
considered by the Appraiser(s). In cases of proposed construction,the appraisal is subject to change upon
inspection of property after construction is completed. This estimate of market value is as of the date shown
which is indicative of a hypothetical condition or an extraordinary assumption.
15. VALUE CHANGE,DYNAMIC MARKET,INFLUENCES,ALTERATION OF ESTIMATE BY
APPRAISER:
The estimated market value,which is defined in the report,is subject to change with market changes over
time;value is highly related to exposure,time,promotional effort,terms,motivation,and conditions
surrounding the offering.The value estimate considers the productivity and relative attractiveness of the
property physically and economically in the marketplace. In cases of appraisals involving the capitalization
of income benefits,the estimate of market value or investment value or value in use is a reflection of such
benefits and Appraiser(s) interpretation of income and yields and other factors derived from general and
specific client and market information.Such estimates are as of the date of the estimate of value;they are
thus subject to change as the market and value is naturally dynamic. "The Opinion of Market Value"in the
appraisal report is not based in whole or in part upon the race,color or national origin of the present owners
or occupants of the properties in the vicinity of the property appraised. Appraisal report and value estimate
are subject to change if physical or legal entity or financing is different than that envisioned in the report.
HALL-WIDDOSS&COMPANY,P.C.
214
16. MANAGEMENT OF THE PROPERTY:
It is assumed that the property which is the subject of this report will be under prudent and competent
ownership and management;neither inefficient nor super-efficient.
17. CONTINUOUS EDUCATION:
The Appraisal Institute conducts a voluntary and a mandatory program of continuing education for its
designated members depending upon date of membership. Those who meet the minimum standards of this program
are awarded periodic educational certification. Please refer to the Appraisers Certification for compliance with the
Appraisal Institute's requirements addressing continuing education.
18. FEE:
The fee for this appraisal or study is for the service rendered and not for the time spent on the physical report
or the physical report itself.Amount of payment of fee for services is not contingent on any result,approval
amount or other estimates or statements.
19. AUTHENTIC COPIES:
The authentic copies of this report are signed in blue ink and have embossed type seal.Any copy that does
not have the above is unauthorized and may have been altered.
20. INSULATION AND TOXIC MATERIALS:
Unless otherwise stated in this report,the existence of hazardous material,which may or may not be present
on the property,was not observed by the appraiser. The appraiser has no knowledge of the existence of such
materials on or in the property. The appraiser,however,is not qualified to detect such substances. The
presence of substances such as asbestos,urea-formaldehyde foam insulation,or other potentially hazardous
materials may affect the value of the property. The value estimate is predicated on the assumption that there
is no such material on or in the property that would cause a loss in value. No responsibility is assumed for
any such conditions,or for any expertise or engineering knowledge required to discover them. The client is
urged to retain an expert in this field,if desired.
21. REVIEW:
Unless otherwise noted herein,any named Review Appraiser from Hall-Widdoss and Company,P.C.
has reviewed the report as to general appropriateness of technique and format,and has agreed to accept
full responsibility for the contents and conclusions noted therein.
22. CHANGES,MODIFICATIONS:
The Appraiser(s)and/or principals of Hall-Widdoss and Company,P.C.,reserve the right to alter
statements,analyses,conclusions or any value estimate(s)in the appraisal if there becomes known to us facts
pertinent to the appraisal process which were unknown to us when the report was finished.
23. AFTER TAX ANALYSIS AND/OR VALUATION:
Any"after"tax income or investment analysis and resultant measures of return on investment are intended to
reflect only possible and general market considerations,whether as part of estimating value or estimating
possible returns on investment at an assumed value or price paid;note that the Appraiser(s)does not claim
expertise in tax matters and advises client and any other using the appraisal to seek competent tax advice as
the Appraiser(s)is in no way to be considered a tax advisor or investment advisor.
24. ACCEPTANCE OF.AND/OR USE OF,THIS APPRAISAL REPORT BY CLIENT OR ANY THIRD
PARTY CONSTITUTES ACCEPTANCE OF THE ABOVE CONDITIONS.APPRAISER
LIABILITY EXTEND ONLY TO STATED CLIENT,NOT TO SUBSEQUENT PARTIES OR USERS
OF ANY TYPE,AND THE TOTAL LIABILITY OF APPRAISER AND FIRM IS LIMITED TO THE
AMOUNT OF FEE RECEIVED BY HALL-WIDDOSS&COMPANY.
HALL-WIDDOSS&COMPANY,P.C.
215
CSA iTax Page 1 of 2
Welcome to the official website of
711,
' �1r►�s`ti i►��r 7r/Ls��a ram`
MONTANA
Amsterdam Churchillit Belgrade
x
f^
r
New Search History 6__�, Payoff Help
Property/Parcel TaxID: RGG9336 Mailing Address:
12711 W ALLEGRO DR
Status: Current SUN CITY WEST, AZ 853754228
Receipt: Levy District:
2350-00, 7R Bozeman(R)
2015 Owner(s):
SIPPEL WILLIAM H &BETTY ANNE TRUST
2015 Value: 2015 Taxes: 2015 Payments:
Market: $252,789 First Half: $0.00 Due: First Half: $0.00
Taxable: $3,413 Second Half: $0.00 Due: Second Half: $0.00
Total: $0.00 Total: $0.00
Vet Exempt: $0
Net Taxable: $3,413
(May include penalty&interest)
Detail Detail
2015 Legal Records:
Geo Code: 06-0798-02-3-01-05-0000 Deed Book: 153 Page: 775D Date: 05/02/1995
TRS: T02 S, R05 E, Sec. 02
Legal: S02,T02 S, R05 E,ACRES 10.03,TR 4
W2W2SW4
Note:
TO OBTAIN PAYMENTS, CLICK ON "HISTORY"
i
Only one search criterion is required(e.g. Parcel # or Owner Name). Entering additional criteria will result in an incomplete search.
ATTENTION: For Owner Name Searches, you must search LastName FirstName.
Website data last updated 10/19/2015.
Payments can be sent to:
Gallatin County Treasurer
311 West Main, Room 103
Bozeman, MT 59715
Please direct any questions to:
(406)582-3030 or
� ,. Y . Iler
a
0 techino o ies
http://itax.gallatin.mt.gov/detai1.aspx"taxid=RGG9')V 6 10/20/2015
CSA iTax Page 1 of 2
Welenme to the official website of
Amstordam/Churcliill*Bc-Igii(l-,#Big Sky*Baz*mano Four Comers#I Gallatin Gat@wayishlanhattan*Three Forks#West Yellowstone
f, K
X
New Search Detail Payoff Help
Property/Parcel TaxID: RGG9336
Status: Current
Type: RE
Owner: SIPPEL WILLIAM H &BETTY ANNE TRUST
History:
Tax Year Statement# Bill Date Bill Amount Date Paid ** Paid Amount Notes
2014 9336 10/31/2014 $1,989.76 11/3/2014 $994.87
2013 9336 10/31/2013 $1,885.04 11/10/2013 $945.82
11/10/2013 $939.22
2012 9336 10/24/2012 $1,673.80 11/10/2012 $836.92
5/3/2013 $836.88
2011 9336 10/31/2011 $1,531.63 11/14/2011 $765.82
10/1/2012 $805.67
20ILI 9336 10/31/2010 $1,390.59 11/5/2010 $695.31
11/5/2010 $695.28
** Paid Amount may include penalty&interest
Note:
TO OBTAIN PAYMENTS, CLICK ON "HISTORY"
Only one search criterion is required(e.g. Parcel # or Owner Name). Entering additional criteria will result in an incomplete search.
ATTENTION: For Owner Name Searches, you must search LastName FirstName.
Website data last updated 10/19/2015.
_...__..._..............._..._._........._......-..........._._..._..__...................__.....___.._.__._.._._.....__...___._..........,... .........._......_...._......_._. ........._._.._.._......_._.._
Payments can be sent to:
Gallatin County Treasurer
311 West Main, Room 103
Bozeman, MT 59715
Please direct any questions to:
(406)582-3030 or „i m-,.aov
t y
,: ler
9 technologies
c 2014,Tyler Technologies Version 4.7.7
http://itax.gatlatin.mt.gov/history.aspx 217 10/20/2015
CSA iTax Page 1 of 1
VIEW
Welcome to the official website of
MOIL
- MONTANA
Amsterdam lChurchillit Belgrade#Big Sky*1 Bozeman*Four Corners elGallatinGatewayl*Nlanhattani Three Forks West Yellowstone
s New Search 6zj History Q Help
Property/Parcel TaxID: RGG9336
Status: Current
Type: RE
Owner: SIPPEL WILLIAM H&BETTY ANNE TRUST
Tax Breakdown:
Year TaxID Statement# Levy Dist Description 1st Half 2nd Half
2014 RGG9336 9336 2350 0300: OPEN SPACE BONDS $10.01 $10.00
2014 RGG9336 9336 2350 0150: ZONING DISTRICT#1 $12.74 $12.73
2014 RGG9336 9336 2350 0110: GALLATIN CONSRV DIST $1.92 $1.92
2014 RGG9336 9336 2350 Levied Taxes $970.22 $970.22
1st Half Total: $994.89
2nd Half Total: $994.87
Total Tax: $1,989.76
Note:
TO OBTAIN PAYMENTS, CLICK ON "HISTORY"
Only one search criterion is required(e.g. Parcel #or Owner Name). Entering additional criteria will result in an incomplete search.
ATTENTION: For Owner Name Searches, you must search LastName FirstName.
Website data last updated 10/19/2015.
Payments can be sent to:
Gallatin County Treasurer
311 West Main, Room 103
Bozeman, MT 59715
Please direct any questions to:
(406)582-3030 or _a sur waalatin.mt.aov
ler
0 technologies
c 2014,Tyier Technoicgies Version 4.7.7
http://itax.gallatin.mt.gov/breakdown.aspx?TaxYear M4 10/20/2015
»•6ma v nviww g � 9 9 9 9 � g g o rv�� 0 J `-F•^ �S` �m r Jg� '
s R• ry m v n .o n 00 r g °-1 r 9-+ g 9^ r
�i�e�•s rg ,� f8 p FJ o g g a S p9F.
�•m � g 9 9 9 9 S g 9 g;?
r OIJRHAM AVE V.
uSc r�a•� 3 r ti r C a
ro
9
a 9 m r^ o 3AVNOOH9DNlaes 9 4
3AV(RJ4aN1A1
F o r 9 r
9 ° 92 Jg 9 9 9 9 9 g g 5 g 9 s o- rgmJ 9� 9
9� 9� m s AVM NOWWH rg.", 9a 9 .rv. S
9< 9
2 9 9 9 9 1a3W 9a a° 9 9 9
N g g 9 g
ry m as aNV110H M3N
r
9
o� 9m gio rg,
9
900
r
—N1 SIAVa _
N15IAVO ulJ!03!JnNm ,ls
C
m
0
_ JS NoSNVH
w
C, N
NI Hal
39V1L
ry -� m� ro ^9 9 9 9 S 9 9 9 9 9 9 S 9 ? 09 9 9 9 9 9 S m
ao ^
0 V
tern CESvl IiII ornl
I [3. H..3H vaw_
0o m '" ry m v ^ OF IT FTq
101 r
9 9 9 9 9 9 9 9is 9 9 9 �� gs 9
1 m r
°»° ^• ^ 5 KO
^9 9 9 9 9 9 9 g g n 9^ g
^'r
royz
d N1a 5 o :gT g
_ N
Vt101 � 9 � 9 5 9 9 9 9 3 S g 9 9 9 g° 9
m ^
5 r r
Y
M -41 1015 F F lr 8 o F F r l3 9^ 9� 9 9 rn
81101 9 9 9 9 9 9 g 9 g 9 9 g g a
:-. .. ..-.. X - "E[COW9ONEAOE
► g� rry
gm gm EQ
a o 9m
grco s•r rgo 9'
9 gn 9O
9^
ad
�_ 3nn3rrraavr•�
w
S �
U cr`.1 U g t
ooa00000aaao
0
0 v 3AV-Sa30NVS
L N Z r
7 9e $� rry r �g rN 9 r G . : s o
a I I n 3
I 9 m p
II 9 g Q m 0
SECTION 5 SRR: SEMI - RURAL RESIDENTIAL ZONE
5.1 Purpose and Intent
This zone is intended to provide for the continuation of existing agricultural pursuits,
while also allowing for limited residential development. It is also the intent of this zone
that new residential development be designed to minimize impacts upon nearby
agricultural uses, and that residential development be designed to interface with nearby
agricultural operations.
5.2 Uses Allowed After Securing a Land Use Permit:
1. One Single Family Dwelling Unit per One-Half Acre.
2. One Duplex per Acre.
3. Places of Worship.
4. Family Day Care and Nursery Facilities.
5. Accessory Uses:
A. Accessory buildings or structures customarily used in conjunction with
permitted uses.
B. Home Occupations.
5.3 Uses Allowed After Securing a Conditional Use Permit:
1. One Triplex per Acre.
2. One Fourplex per Acre.
5.4 Property Development Regulations:
1. Lot Dimensions:
A. Single family:
Minimum lot area: 1/2 acre
Minimum lot width: 90 feet
B. Duplex, triplex and fourplex:
Minimum lot area: 1 acre
Minimum lot width: 125 feet
C. Places of worship:
Minimum lot area: 1 acre
Minimum lot width: 125 feet
Zoning District#1 Zoning Regulation 9
220
2. Lot Setbacks (see diagram below for example):
A. Single family, duplex, Front yard: 25 feet 1
triplex and fourplex: Rear yard: 12 feet
Side yard: 12 feet
Corner side yard: 25 feet 1
B. Places of worship: Front yard: 40 feet
Rear yard: 25 feet 2
Side yard: 25 feet 2
Corner side yard: 40 feet
1 when adjacent to existing agricultural uses, this setback shall be
increased to 40 feet.
2 when adjacent to existing residential uses, this setback shall be
increased to 40 feet.
C. Eaves, awnings, and similar architectural features may project a maximum
of five feet into any front, side, or corner side yard setback, provided that
such features shall maintain a minimum distance of five feet to any
property line and are not less than eight feet in height above grade. Such
appendages shall be supported only at or behind the building setback line.
3. Building Height: The maximum building height allowed in this zone shall be
32 feet.
4. Maximum Lot Coverage: The maximum lot coverage by buildings on any lot in
this zone shall be 30%.
5. Subdivisions Adjoining Agricultural Lands: The following shall be considered
when subdividing land which adjoins agricultural land:
A. Lot designs and configurations will be used which will minimize the
exposure of home sites to adjacent agricultural practices.
B. The developer shall demonstrate, through site plan design, that the
subdivision will not pose a significant impact upon adjoining agricultural
lands.
10 Zoning District#1 Zoning Regulation
221
SETBACK DIAGRAM
SINGLE FAMILY
STREET
FRONT YARD 25' FRONT YARD 25' FRONT YARD 25'
- - T--T 7--T I—
WI i— LU I— WI
Wp 1 DI 1� 01 IZ 01
y rn (01N '<1 m v51N -<Im cn IN
1 CORNER w 1` >1 LO INTERIOR �I— A I22 INTERIOR w 1�
o LOT W 11} 011 X LOT w N� LOT W
�I -I III--
0
v ZI m �I
W 111111
W REAR YARD 12' REAR YARD 12' REAR YARD 12'
H
REAR YARD 12' REAR YARD 12' REAR YARD 12'
N � TT 7T
WI I— WI I— WI
LU GI Iz GI IZ GI
7)IN -<Im yIN �Im 55IN
N CORNER W C �0 INTERIOR WIC ;aZ INTERIOR W C
in
z a LOT wis Nip LOT wis NiN LOT wIa
pHI}
v 1 91 Im �I Im �I
FRONT YARD 40' FRONT YARD 40' FRONT YARD 40'
STREET
AGRICULTURE
NOTE: Yards must be measured from property lines.
THIS DIAGRAM IS FOR ILLUSTRATIVE PURPOSES ONLY
Zoning District#1 Zoning Regulation 11
222
APPRAISER QUALIFICATIONS-NICHOLAS J.HOGAN,MAI
APPRAISAL AND RELATED BUSINESS EXPERIENCE:
January 1. 1994 to Present: Staff Appraiser for HALL-WIDDOSS &COMPANY,P.C. Work
covers appraisals and consultation for all types of property in the same territory noted above.
June 1, 1992 to December 31, 1993: Intern and Apprentice for HALL-WIDDOSS &COMPANY,P.C.,
a Real Estate Appraisal and Consulting business primarily covering the States of Montana and Wyoming.
The firm specializes in urban investment property,recreational and development land appraisals.
Appraisal work involves land,residential and multi-family properties, as well as research and assistance
for various other property types. Work comprises value estimates for loan purposes, estate planning,
marketing, condemnation, accounting requirements and various others.
EDUCATION:
• University of Montana-Bachelor of Science in Business Administration(12/92)
APPRAISAL INSTITUTE COURSES AND SEMINARS: COURT TESTIMONY:
• R-2,G-2 Appraising the Single Family Residence • Tax Appeal Hearing,Missoula County
• 410 Part A&B Standards of Professional Practice • Deposition for Bankruptcy Hearing in
• 110 Appraisal Principles U.S.Bankruptcy Court,
Western District of Washington
• 120 Appraisal Procedures
• 310 Basic Income Capitalization
• 510 Advanced Income Capitalization
• 520 Highest&Best Use/Market Analysis
• 530 Advanced Sales Comparison&Cost Approaches
• 540 Report Writing&Valuation Analysis
• 550 Advanced Applications
• American's With Disabilities Act Seminar
PROFESSIONAL AFFILIATIONS:
Member Appraisal Institute-MAI No. 12400
Montana General Certificate No. REA-RAG-LIC-370
Wyoming Certified General No. 1090
Idaho Certified General No. CGA-3332
Board Member, Montana Property Tax Reappraisal Advisory Committee (No longer active committee)
REPRESENTATIVE CLIENTS:
Associates Commercial Corporation Missoula Federal Credit Union
I"Interstate Bank- Missoula US Bank
First Security Bank-Missoula Wells Fargo Bank
California Bank and Trust Montana Department of Transportation
Galena Resort-Reno,Nevada Bank of America
U.S. Bureau of Reclamation Glacier Bank
4B's Restaurants,Inc. Various Individual Clients
HALL-WIDDOSS 228mPANY,P.C.