HomeMy WebLinkAboutResolution No. 4359, Creating West Babcock Street and Durston Road Improvement Annexation Areas1
Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Debbie Arkell, Director of Public Services
Greg Sullivan, City Attorney
SUBJECT: Resolution No. 4359 – Creating the West Babcock Street and Durston
Road Improvement Annexation Areas, Creating a Term of Annexation for
Properties Located Within these Improvement Annexation Areas, and
Amending the Policies Established by Resolution No. 3772 (Payback
District for SID No. 683: West Babcock Street between Main Street and
Yellowstone Avenue) and Resolution No. 3908, (Payback District for SID
No. 684: Durston Road between North 19th Avenue and Fowler Avenue).
MEETING DATE: March 19, 2012
AGENDA ITEM TYPE: Action
RECOMMENDATION: Adopt Resolution No. 4359
RECOMMENDED MOTION:
I move to adopt Resolution No. 4359 Creating the West Babcock Street and Durston
Road Improvement Annexation Areas, Creating a Term of Annexation for Properties
Located Within these Improvement Annexation Areas, and Amending the Policies
Established by Commission Resolution No. 3772 (Payback District for SID No. 683:
West Babcock Street between Main Street and Yellowstone Avenue) and Resolution No.
3908, (Payback District for SID No. 684: Durston Road between North 19th Avenue and
Fowler Avenue).
BACKGROUND: During the review of the Christenot Annexation in August 2011, the
applicant requested that the payment to the Durston Road payback district for Special
Improvement District No. 684 be deferred until occupancy of any new construction on the
property. This request was made because the applicant did not intend to develop the property;
they were annexing and zoning the property only to make it more attractive for sale.
The Durston Road and West Babcock Street payback districts were created in April 2006 and
February 2005, respectively, for county properties that benefitted directly from the street
improvements but who did not contribute to the cost of the improvements in the same manner
that their city neighbors did. The Resolutions creating the payback districts stipulated that it was
appropriate and equitable that, upon annexation, the county properties that benefit from the
improvements should contribute to the cost of the improvements. The resolutions also stipulated
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that all monies received under the payback districts be deposited into the City’s Street Impact
Fee Fund or other account as may be established by the Commission.
At creation, the West Babcock Street Payback District applied to 80 parcels, with a total
estimated payback of $266,806.31 (plus interest). A total of $17,966.32 ($9,345.79 principal
and $8,620.53 interest) has been received from the payback district, and these funds have been
deposited into the Street Impact Fee fund.
At creation, the Durston Road Payback District applied to 58 parcels, with a total estimated
payback of $396,602.59 (plus interest). A total of $51,028.79 ($26,939.52 principal and
$24,089.27 interest) has been received from the payback district, and these funds have been
deposited into the Street Impact Fee fund.
In August, several questions were raised by the Commission regarding the Christenot request to
defer the payback, and it was determined the Durston Road and West Babcock Street payback
districts would be discussed further at a policy discussion.
During the Policy Discussion on November 7, 2011 the Commission received and discussed the
history of the creation of the Durston Road and West Babcock Street Special Improvement and
Payback Districts. To summarize, the payback districts require a payback based on the total
square feet of the property plus interest costs. The square foot and interests rates for the payback
are the same rates used to assess the special improvement district. The amount that would have
been paid between the date the payback district was created and the date of annexation must be
paid upon annexation. The remaining amount is spread over the remainder of the years
remaining in the SID.
At the policy discussion, a majority of the Commission favored the alternative for staff to draft a
resolution to amend the West Babcock Street and Durston Road payback districts to create a
“homestead exemption.” This exemption would acknowledge that the impact from properties
being annexed is based on vehicular trips generated from the site as currently developed, so the
payback due with annexation would be based on the number of existing units. An additional
payback amount would be also assessed at the time of future development/subdivision of the
land. This approach is intended to remove a barrier (real or perceived) to annexation of
properties in the payback districts by changing the method of calculation of the payback amount
from a square footage basis to a per unit basis. Calculating the payback due based on actual
development/subdivision would also ensure the payback was not collected on future streets.
A majority of the Commission also favored the alternative that payback funds received would be
deposited to the Street Maintenance Fund, assigned to Street Reconstructions.
RESOLUTION NO. 4359: Resolution 4359 (the “Resolution”) creates the West Babcock
Street and Durston Road “Improvement Annexation Areas,” and applies to the areas previously
subject to the “payback districts.” The Resolution stipulates that:
1. Properties previously annexed that were subject to the Durston Road and West Babcock
Street payback districts must continue to comply with the terms of annexation established
in those resolutions and through the individual annexation agreements for those
properties.
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2. After adoption of this Resolution, the payback district resolutions will not be applied to
annexations within the two Improvement Annexation Areas. Instead, this Resolution will
apply to all properties within the Improvement Annexation Areas which are annexed after
the date of adoption.
3. As a term of annexation, properties within the two Improvement Annexation Areas must
contribute to the repair and maintenance of Durston Road or West Babcock Street and
other city streets. The financial contribution for the existing residential and/or
commercial units on the property at the time of annexation shall be paid by the landowner
prior to the City’s execution of the Annexation Agreement.
4. Each existing residential and/or commercial unit in the West Babcock Street
Annexation Area will contribute $1,119.87. This amount is derived by multiplying the
West Babcock Street Special Improvement District assessment rate of $0.125927 per
square foot by 8,893 square feet, which is the average single-family residential lot area
within the West Babcock Street Special Improvement District (SID).
5. Each existing residential and/or commercial unit in the Durston Road Annexation Area
will contribute $1,470.70. This amount is derived by multiplying the Durston Road
Special Improvement District assessment rate of $0.186164 per square foot by 7,900
square feet, which is the average single-family residential lot area within the Durston
Road SID .
6. In addition to the financial contribution required at the time of annexation, when the
annexed property further develops, a financial contribution will be calculated on a square
foot basis of the newly created lot(s), using the assessment rate from the SIDs. If
additional lots are not created, the contribution will be based on the number of residential
and/or commercial units added to the property, with the square foot of each residential
and/or commercial unit determined by the minimum lot area required by the zoning of the
property. Credit will be applied for previously paid contributions on a pro-rata square
foot basis.
7. The contributions will not be considered a payback to the special improvement districts
created to partially fund the improvements to Durston Road and West Babcock Streets.
8. All financial contributions will be deposited in the Street Maintenance Fund, assigned to
street reconstructions.
9. These financial contributions are not considered liens against the real property. The City
shall take all steps necessary to verify any existing payback requirement is not a lien
against the annexed real property.
10. Unless otherwise determined by the City Commission, the term of contribution to the
Improvement Areas shall remain in effect until the year of the expiration of the original
special improvements districts; 2024 for West Babcock Street, and 2025 for Durston
Road.
UNRESOLVED ISSUES: None identified at this time.
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FISCAL EFFECTS: The amount of future financial contributions received will be dependent
on the number of properties within the Annexation Area that annex and how they are further
developed.
Attachments:
• Resolution 4368 with Exhibits A and B
Report compiled on: March 8, 2012
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COMMISSION RESOLUTION NO. 4359 Page 1 of 5
COMMISSION RESOLUTION NO. 4359
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
BOZEMAN, MONTANA, CREATING THE WEST BABCOCK STREET
AND DURSTON ROAD IMPROVEMENT ANNEXATION AREAS,
CREATING A TERM OF ANNEXATION FOR PROPERTIES LOCATED
WITHIN THESE IMPROVEMENT ANNEXATION AREAS TO EXPIRE
APRIL 1, 2024 AND APRIL 1, 2025, RESPECTIVELY, AND AMENDING
THE POLICIES ESTABLISHED BY RESOLUTION NO. 3772 (PAYBACK
DISTRICT FOR SID NO. 683: WEST BABCOCK STREET BETWEEN
MAIN STREET AND YELLOWSTONE AVENUE) AND RESOLUTION
NO. 3908, (PAYBACK DISTRICT FOR SID NO. 684: DURSTON ROAD
BETWEEN NORTH 19TH AVENUE AND FOWLER AVENUE).
WHEREAS, on January 18, 2005, Resolution No. 3766 was adopted by the Bozeman
City Commission (the “Commission”) creating Special Improvement District (SID) No. 683 to
partially pay for improvements to West Babcock Street, between Main Street and Yellowstone
Avenue; and
WHEREAS, on February 7, 2005, Resolution No. 3772 was adopted by the Commission
creating a “payback district” for county properties that benefit directly from the improvements to
West Babcock Street but who did not contribute to the costs of the improvements to West
Babcock Street in the same manner that their city neighbors did; and
WHEREAS, on December 19, 2005, Resolution No. 3881 was adopted by the
Commission creating SID No. 684 to partially pay for improvements to Durston Road, between
North 19th Avenue and Fowler Avenue; and
WHEREAS, on April 24, 2006, Resolution No. 3908 was adopted by the Commission
creating a “payback district” for county properties that benefit directly from the improvements to
Durston Road but who did not contribute to the costs of the improvements to Durston Road in
the same manner that their city neighbors did; and
WHEREAS, on April 24, 2006, Resolution No. 3907 was adopted by the Commission
revising and reestablishing goals and policies for annexation of properties to the city which states
that it shall be the goal of the city of Bozeman to encourage annexations of land contiguous to
the City; and
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COMMISSION RESOLUTION NO. 4359 Page 2 of 5
WHEREAS, Resolutions No. 3881 and No. 3908 stipulated it is appropriate and
equitable that, upon annexation, those county properties that benefit from the improvements
should contribute to the costs of the improvements; and
WHEREAS, Resolutions No. 3881 and No. 3908 directed that all monies paid to the
City under these payback districts shall be deposited in the City’s Street Impact Fee Fund or
other account as may be established by the Commission; and
WHEREAS, on November 7, 2011, during a policy discussion the Commission reviewed
the creation of the West Babcock Street and Durston Road payback districts and concluded the
timing of the payback established in Resolutions No. 3881 and No. 3908 for the improvements to
West Babcock Street and Durston Road could impede annexation of lands adjacent to the city
limits, and should be revised.
NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of Bozeman,
Montana:
Section 1
Properties previously annexed into the City which were subject to Resolutions No. 3881 and
3908 must continue to comply with the terms of annexation established in those resolutions and
as established in the individual annexation agreements for each property.
Section 2
The Commission hereby establishes the West Babcock Street Improvement Annexation Area and
the Durston Road Improvement Annexation Area as both are depicted on the maps and legal
descriptions on Exhibit A (West Babcock Street) and Exhibit B (Durston Road), with both
exhibits hereby incorporated herein and made a part hereof. The Commission determines that all
real property located within the West Babcock Street Improvement Annexation Area directly
benefits from the improvements made to West Babcock Street and shall be required to
contribute, as a term of annexation, to the improvements, repair and/or maintenance of West
Babcock Street and/or other streets within the City. The Commission determines that all real
property located within the Durston Road Improvement Annexation Area directly benefits from
the improvements made to Durston Road and shall be required to contribute, as a term of
annexation, to the improvements, repair and/or maintenance of Durston Road and other streets
within the City.
Section 3
As of the date of this Resolution, Resolutions No. 3881 and 3908 shall not be applied to
annexations of property within the West Babcock Street and Durston Road Improvement
Annexation Areas; rather, the terms of this Resolution shall apply to all properties located within
the Annexation Areas which are annexed to the City after the date of this Resolution.
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COMMISSION RESOLUTION NO. 4359 Page 3 of 5
Section 4
The contribution from these annexing properties shall no longer be considered a payback to the
special improvement district created to partially fund the improvements to West Babcock Street
and Durston Road.
Section 5
Upon annexation, the City shall require a financial contribution from all properties within
the West Babcock Street Improvement Annexation Area and the Durston Road
Improvement Annexation Area for all existing residential units and shall calculate the
required financial contribution to the applicable Improvement Annexation Area as
follows:
West Babcock Street Improvement Annexation Area: The amount of the
financial contribution required to be paid by each annexing property for each
existing residential and/or commercial unit shall be $1,119.87. This amount is
derived by multiplying the West Babcock Street Special Improvement District
assessment rate of $0.125927 per square foot by 8,893 square feet, which is the
average single-family residential lot area within the West Babcock Street Special
Improvement District. This per-unit financial contribution shall be applied to
each existing residential and/or commercial unit, regardless of the actual size of
the real property or the size of each existing residential and/or commercial unit.
The financial contribution for the existing residential and/or commercial units on
the property at the time of annexation shall be paid by the landowner prior to the
City’s execution of the Annexation Agreement.
Durston Road Improvement Annexation Area: The amount of the financial
contribution required to be paid by each annexing property for each existing
residential and/or commercial unit shall be $1,470.70. This amount is derived by
multiplying the Durston Road Special Improvement District assessment rate of
$0.186164 per square foot by 7,900 square feet, which is the average single-
family residential lot area within the Durston Road Special Improvement District.
This per-unit financial contribution shall be applied to each existing residential
and/or commercial unit, regardless of the actual size of the real property or the
size of each existing residential and/or commercial unit. The financial
contribution for the existing residential and/or commercial units on the property at
the time of annexation shall be paid by the landowner prior to the City’s execution
of the Annexation Agreement.
Section 6
In addition to the financial contribution required at the time of annexation as stated in
Section 5, at the time of future subdivision or development of the annexed property the
City shall calculate the annexed properties’ financial contribution to the applicable
Improvement Area as follows:
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COMMISSION RESOLUTION NO. 4359 Page 4 of 5
West Babcock Street Improvement Annexation Area: The amount of the
financial contribution required to be paid shall be calculated by the City at a rate
of $0.125927 per square foot of the newly created lot(s). In the case of site plan
development that does not create additional lots, the contribution cost shall be
calculated based on the number of residential and/or commercial units added to
the property, with the square foot of each residential and/or commercial unit
determined by the minimum lot area required by the zoning of the property. This
contribution shall be paid prior to final subdivision plat or final site plan approval,
unless otherwise determined by the City Commission during review of the future
subdivision or development. Credit will be applied for previously paid
contributions on a pro-rata square foot basis.
Durston Road Improvement Annexation Area: The amount of the financial
contribution required to be paid shall be calculated by the City at a rate of
$0.186164 per square foot of the newly created lot(s). In the case of site plan
development that does not create additional lots, the contribution cost shall be
calculated based on the number of residential and/or commercial units added to
the property, with the square foot of each residential and/or commercial unit
determined by the minimum lot area required by the zoning of the property. This
contribution shall be paid prior to final subdivision plat or final site plan approval,
unless otherwise determined by the City Commission during review of the future
subdivision or development. Credit will be applied for previously paid
contributions on a pro-rata square foot basis.
Section 7
All financial contributions to the West Babcock Street and Durston Road Improvement Areas
shall be deposited in the Street Maintenance Fund, assigned to street.
Section 8
Obligations to make future financial contributions to the West Babcock Street and Durston Road
Improvement Annexation Areas are not considered liens against the real property. The City shall
take all steps necessary to verify any existing payback requirement is not a lien against the
annexed real property.
Section 9
Unless otherwise determined by the City Commission, the term of contribution to the West
Babcock Street Improvement Annexation Area shall remain in effect until April 1, 2024.
Section 10
Unless otherwise determined by the City Commission, the term of contribution to the Durston
Road Improvement Annexation Area shall remain in effect until April 1, 2025.
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COMMISSION RESOLUTION NO. 4359 Page 5 of 5
Section 11
This Resolution does not supersede Resolution Nos. 3766, 3881, and 3907 and shall be
considered to supplement Resolution No. 3907.
Section 12
This document shall be recorded at the Gallatin County Clerk and Recorder’s Office.
This resolution shall be in full force and effect upon adoption.
PASSED AND APPROVED by the City Commission of the City of Bozeman,
Montana, at a regular session thereof held on the 19th day of March, 2012.
___________________________________
SEAN A. BECKER, Mayor
ATTEST:
________________________________________
STACY ULMEN, CMC
City Clerk
APPROVED AS TO FORM:
___________________________________
GREG SULLIVAN
City Attorney
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Service Area
Exhibit A - West Babcock Street Improvement Annexation Area ¯500 0 500250 FeetPrepared on 11/17/11
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EXHIBIT A
WEST BABCOCK STREET IMPROVEMENT ANNEXATION AREAS
SERVICE AREA
BOUNDARY DESCRIPTION:
A tract of land located in Section 10 and Section 11, Township 2 South, Range 5 East, P.M.M.,
Gallatin County, Montana, lying within the line more particularly described as follows:
Commencing at a brass cap found at the east quarter comer of said Section 11;
thence along the east-west mid-section line of said section, South 89 °11'21" West a distance of
1319.91 feet to the true point of beginning;
thence South 01'21'59" West a distance of 168.95 feet;
thence South 43 °48'05" West a distance of 488.34 feet;
thence South 01 °41'26" West a distance of 44.45 feet;
thence South 43 °48'50" West a distance of 41.99 feet;
thence North 15 °24'00" West a distance of 300.20 feet;
thence North 89 °23'55" West a distance of 115.32 feet;
thence North 01 °28'02" East a distance of 28.90 feet;
thence North 89 °14'39" West a distance of 266.02 feet;
thence North 01 °40'50" East a distance of 37.10 feet;
thence North 89 °09'53" West a distance of 85.84 feet;
thence South 01 °51'58" West a distance of 24.55 feet;
thence North 89 °09'53" West a distance of 78.98 feet;
thence South 01138'39" West a distance of 206.68 feet;
thence North 89 °09'20" West a distance of 90.75 feet;
thence North 01 038'40" East a distance of 148.50 feet;
thence North 89 °09'20" West a distance of 239.45 feet;
thence South 01 °37'40" West a distance of 990.84 feet;
thence North 89 °10'56" West a distance of 2670.46 feet;
thence South 02 °46'44" West a distance of 142.89 feet;
thence North 88 °24'23" West a distance of 1195.47 feet;
thence South 01'56'21" West a distance of 336.00 feet;
thence North 88 °24'22" West a distance of 940.00 feet;
thence South 01 °56'21" West a distance of 125.00 feet;
thence North 88 °24'22" West a distance of 495.18 feet;
thence North 01 °56'23" East a distance of 1879.95 feet;
thence North 14 °30'33" East a distance of 92.38 feet;
thence South 88 °24'30" East a distance of 475.35 feet;
thence North 01 °56' 19" East a distance of 357.15 feet;
thence South 88 °31' 17" East a distance of 84.71 feet;
thence North 01 °56'50" East a distance of 720.25 feet;
thence South 88 °31'51" East a distance of 2036.28 feet;
thence North 00 113'25" East a distance of 209.05 feet;
thence South 89 °06'49" East a distance of 2689.31 feet;
thence South 89 °14'55" East a distance of 1000.12 feet;
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thence North 00 °04'51" East a distance of 60.12 feet;
thence North 86 °31'59" East a distance of 338.51 feet;
thence South 02'44'14" West a distance of 917.31 feet;
thence South 87 °31' 10" East a distance of 490.04 feet;
thence South 02 °30'07" West a distance of 225.71 feet;
thence along a curve to the right having a radius point that bears South 25 °25'45" East a distance
of 1537.5 feet, an are distance of 412.21 feet;
thence South 89'43'10" West a distance of 157.33 feet;
thence South 02 °28'09" West a distance of 30.22 feet to the point of beginning.
The above described tract of land contains 372.58 acres, more or less, inclusive of streets,
avenues, alleys, and public places.
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Service Area
Exhibit B - Durston Road Improvement Annexation Area ¯500 0 500250 FeetPrepared on 11/17/11
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EXHIBIT B
DURSTON ROAD IMPROVEMENT ANNEXATION AREAS
SERVICE AREA
BOUNDARY DESCRIPTION:
Land located in Section 2 and Section 11, Township 2 South, Range 5 East, P.M.M., Gallatin
County, Montana, lying within the lines more particularly described as follows:
Commencing at the northwest corner of said Section 11, the True Point of Beginning;
Thence southerly along the west line of said Section 11 to the southwest corner of Tract
8 of Smith Subdivision;
Thence easterly along the E -W 1/16th line, being the south line of: Smith Subdivision, North
Meadows Subdivision, Greenway Subdivision, Tract 11 filed on 53 fm page 1405,
Western Subdivision, Kabel Subdivision, Tract 1, COS 1855;
Thence leaving said 1/16th line and continuing along the south line of said Tract 1, COS
1855;
Thence continuing easterly along the south line of West Park Manor 4`h Addition, West Park
Manor 3rd Addition, West Park Manor 2nd Addition, and West Park Manor lst Addition
to the southeast corner of Lot 34 of said West Park Manor 1st Addition;
Thence northerly along the east boundary of Lots 34, 33, 32, 31, 30, 29, 28, 27, 26, 25, 24, 23,
22, 21, 20, 19, and 18 of the West Park Manor 1st Addition to northeast corner of said
Lot 18 also being the northwest corner of Lot 17 of said West Park Manor 1st Addition.
Thence along the north property line of said Lot 17 of West Park Manor 1st Addition to the
northeast corner of said Lot 17 also being the south right-of-way line for Durston Road
and the west right-of-way line for North 191h Avenue;
Thence northerly across the said Durston Road right-of-way to the north right-of-way line of said
Durston Road and the said west right-of-way line of North 191 Avenue, also being the
southeast corner of Lot 1 of Minor Subdivision 286;
Thence along the west right-of-way line of North 19'h Avenue, also being the east property line
of Lot 1 of Minor Subdivision 286, and Stoneridge P.U.D. Subdivision Phase 2A, and
Stoneridge P.U.D. Subdivision Phase 2B to the northeast corner of Lot 16, Stoneridge
P.U.D. Subdivision Phase 2B;
Thence along the north property line of Lot 16, Stoneridge P.U.D. Subdivision Phase 2B also
being the south right-of-way line of W. Stevens St. to the northwest corner of said Lot 16,
Stoneridge P.U.D. Subdivision Phase 2B to the east right-of-way of Stoneridge Dr.;
Thence southeasterly along the Stoneridge Drive right-of-way also being the west property line
of Lot 16, the northwest property line of Lot 15, and the north property line of Lot 14,
Stoneridge P.U.D. Subdivision Phase 2B, to the northwest corner of said Lot 14,
Stoneridge P.U.D. Subdivision Phase 2B;
Thence along the west property line of said Lot 14 Stoneridge P.U.D. Subdivision Phase 2B to
the southwest corner of said Lot 14, also being the northwest corner of Lot 13, Stoneridge
P.U.D. Subdivision Phase 2A and the northeast corner of Lot 12, Stoneridge P.U.D.
Subdivision Phase 2A;
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Thence along the north property lines of said Lot 12 and Lot 11, Stoneridge P.U.D. Subdivision
Phase 2A to the northwest corner of said Lot 11, Stoneridge P.U.D. Subdivision Phase
2A and the north right-of-way of Annie St.;
Thence along the said north right -of -way of Annie St. to the southeast corner of Tract 2 -A1,
COS 1240A (Emily Dickenson School);
Thence along the east property line of said Tract 2 -A1, COS 1240A a distance of 104.65 feet;
Thence along a line parallel to and 100 feet northerly of the said north right -of -way line of
Annie St., also being the south property line of said Tract 2 -A1, COS 1240A, which is
lengthened or shortened as required to terminate on the west property line of said Tract 2-
A1, COS 1240A also being the east right-of-way line of North 25th Avenue;
Thence westerly across North 251h Avenue right-of-way to the northeast corner of Lot 10, Block
6, Durston Meadows Subdivision, Phases 4 and 5;
Thence along the north property line of Lots 10, 11, 12, 13, 14, 1.5, 16, 17, 18, and 19, Block 6,
Durston Meadows Subdivision Phases 4 and 5, to the northwest corner of Lot 19, Block
6, Durston Meadows Subdivision Phases 4 and 5;
Thence westerly across the North 27'h Avenue right -of -way to the northeast corner of Lot 1,
Block 7, Harvest Creek Subdivision - Phase 2;
Thence westerly along the north property line of Lots 1, 2, 3, 4, 5, 6, 7, and 8, Block 7, Harvest
Creek Subdivision - Phase 2 to the northwest corner of said Lot 8, Block 7, Harvest
Creek Subdivision - Phase 2 on the east right-of-way line of Buckrake Avenue;
Thence westerly across Buckrake Avenue to the southeast corner of Lot 28, Block 13, Harvest
Creek Subdivision - Phase 2 on the west right-of-way of Buckrake Avenue also being the
corner of the Harvest Creek Subdivision Phases 3 and 4 park;
Thence westerly along the south property line of said Lot 28, Block 13, Harvest Creek
Subdivision - Phase 2 to the southwest corner of said Lot 28, Block 13, Harvest Creek
Subdivision - Phase 2; Harvest Creek Subdivision Phases 3 and 4 Park to the northeast
corner of Lot 2, Block 21, Harvest Creek Subdivision Phases 3 and 4;
Thence along the north property line of said Lot 2, Block 21, Harvest Creek Subdivision Phases
3 and 4 to the northwest corner of Lot 2, Block 21, Harvest Creek Subdivision - Phases 3
and 4;
Thence across the Hunters Way right-of-way to the northeast corner of Lot 2, Block 20, Harvest
Creek Subdivision - Phases 3 and 4;
Thence along the north property line of Lots 2 and 1, Block 20 Harvest Creek Subdivision -
Phase 3 and 4 to the northeast corner of Lot 20, Block 20, Harvest Creek Subdivision --
Phases 8 and 9;
Thence along the north property line of Lots 20, 19, 18, 17, 16, trail right-of-way, 15, 14, and 13,
Block 20, Harvest Creek Subdivision - Phases 8 and 9 to the northwest corner of said Lot
13, Block 20, Harvest Creek Subdivision - Phases 8 and 9;
Thence across the Springbrook Avenue right-of-way to the northeast corner of Lot 1 Block 38,
Harvest Creek Subdivision Phases 8 and 9;
Thence along the north property line of Lots 1, 2, 3,4, 5, 6, and 7, Block 38, Harvest Creek
Subdivision -- Phases 8 and 9 to the northwest corner of Lot7, Block 38, Harvest Creek
Subdivision - Phases 8 and 9;
Thence across the New Holland Drive right-of-way to the northeast corner of Lot 4, Block 29,
Harvest Creek Subdivision;
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Thence along the north property line of Lots 4, 3, 2, and 1, Block 29, Harvest Creek Subdivision
- Phases 8 and 9 to the northwest corner of Lot 1, Block 29, Harvest Creek Subdivision -
Phases 8 and 9 and the easterly property line of Tract 4, the El /2, El /2, SE1 /4, Sec 3,
T2S, R5E, filed on 87 FM 1984 with the Gallatin County Clerk and Recorder;
Thence continuing westerly along a line parallel to and 1,157.81 feet north of the south property
line of Tract 4, the El /2, E1 /2, SEl /4, Sec 3, T2S, R5E, filed on 87 FM 1984 with the
Gallatin County Clerk and Recorder and is lengthened or shortened as required to
terminate on the west line of said Section 2;
Thence southerly along the said west line of Section 3 also being the west property line of Tract
4, the El /2, El /2, SE 1/4, Sec 3, T2S, R5E, filed on 87 FM 1984 with the Gallatin
County Clerk and Recorder, to the True Point of Beginning.
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Page 1 of 2
TO: Property Owners within the Durston Road and West Babcock Street Road
Improvement Payback Districts
FROM: Debbie Arkell, Director of Public Services (582-2315) darkell@bozeman.net
DATE: March 9, 2012
RE: Proposed Revision to Durston Road and West Babcock Street Improvement
Payback Districts
You are receiving this letter because you own property within the Durston Road or West
Babcock Street Payback Districts for the Special Improvement Districts that were utilized for
partial funding of the improvements to those streets. On March 19, 2012, the Bozeman City
Commission will consider a Resolution to amend the policies that established these payback
districts. The meeting will begin at 6 pm and will be held at City Hall, 121 North Rouse
Avenue. This item is third on the agenda. The Staff memo and proposed Resolution will be
available at http://www.bozeman.net/City-Government/Events.aspx once the packet
information is downloaded to the site, which should be by the afternoon of Tuesday, March 13.
A copy of the information can also be obtained from the City Clerk’s office or from me.
The West Babcock Street and Durston Road payback districts were created in 2005 and 2006 for
county properties that benefitted directly from the street improvements that were being
completed but who did not contribute to the cost of the improvements. The payback districts
require annexing properties to contribute to the cost of the street improvements through a
“payback” based on the total square feet of the property plus interest costs.
The proposed Resolution is intended to remove a barrier to annexation of properties in the
payback districts by changing the method of calculation of the payback amount from a square
footage basis to a per unit basis. This change would also ensure the payback was not collected
on future streets. To summarize, the proposed Resolution will:
• Create a “homestead exemption” that acknowledges the impact from annexing properties
is based on vehicular trips generated from the site as currently developed, so the payback
due with annexation would be based on the number of existing units.
o Each existing residential and/or commercial unit in the West Babcock Street
Annexation Area will contribute $1,119.87. This amount is derived by
multiplying the West Babcock Street Special Improvement District assessment
rate of $0.125927 per square foot by 8,893 square feet, which is the average
single-family residential lot area within the West Babcock Street Special
Improvement District (SID).
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Page 2 of 2
o Each existing residential and/or commercial unit in the Durston Road
Annexation Area will contribute $1,470.70. This amount is derived by
multiplying the Durston Road Special Improvement District assessment rate of
$0.186164 per square foot by 7,900 square feet, which is the average single-
family residential lot area within the Durston Road SID.
• When the annexed property further develops, an additional financial contribution will be
calculated on a square foot basis of the newly created lot(s), using the assessment rate
from the SIDs. Credit will be applied for previously paid contributions.
• These financial contributions are not considered liens against the real property.
• The requirement for this contribution will expire the same year as the original special
improvements districts; 2024 for West Babcock Street, and 2025 for Durston Road.
You are welcome to attend the City Commission meeting and/or provide comment on the
proposed Resolution. You can personally comment at the beginning of the Commission meeting
during the Public Comment Period, or you can comment when the subject is discussed (but not
both). This comment is limited to three (3) minutes per person. You can also watch the meeting
on cable TV Channel 20. Written comment can be submitted by mailing your comments to
Bozeman City Clerk, PO Box 1230, Bozeman, MT 59771-1230 or e-mailing your comments to
agenda@bozeman.net.
If you have questions or would like a copy of the referenced information, please call me,
Debbie Arkell, at 582-2315, or e-mail me at darkell@bozeman.net.
Cc: Bozeman City Commission
133