Loading...
HomeMy WebLinkAbout16- North Park Property Appraisal iu 3kpN AN APPRAISAL OF THE 85.35 ACRE NORTH PARK PROPERTY IN BOZEMAN, MONTANA DATE OF VALUATION JANUARY 16, 2016 FOR BRIT FONTENOT CITY OF BOZEMAN, MONTANA BY J. MICHAEL JOKE, MAI, SRA 1 HELENA, MONTANA . J. MICHAEL JOKI, MAI, SRA P.O. BOX 281 HET PNA, MONTANA 59624 Phone (406) 442-2159 January 16,2016 FAX (406) 442-6196 Brit Fontenot Director of Economic Development and Community Relations City of Bozeman 121 North Rouse,2nd Floor Bozeman,Montana 59771 RE: An appraisal of the 85.35 acre North Park property located south and west of North 7th Avenue and Frontage Road in Bozeman, Montana. Dear Mr. Fontenot: Per your authorization I have examined and investigated the above referenced property for the purpose of estimating its current fair market value. The attached report provides the essential data and detailed reasoning employed in estimating my final value estimate. The report contains 46 pages. I have appraised the property as a whole, owned in fee simple, and unencumbered. I assume no responsibility for matters that are legal in nature nor do I render any opinion as to title. The land being appraised is 85.35 acres that lies at the north end of North 7th Avenue and is commonly known as the North Park Property.An aerial photograph of this property is shown on page 9. The old farm buildings on this site provide no contributory value. The value reported is qualified by certain definitions, assumptions and limiting conditions, and certification which are set forth within the attached report.This appraisal report is intended to conform with the Uniform Standards of Professional Appraisal Practice. Based on my analysis, the market value of the subject property, as set forth, documented and qualified in the attached report under conditions prevailing on January 16, 2016 was: ONE MILLION SIX HUNDRED FIFTY FIVE THOUSAND DOLLARS $1,655,000 MEMBER APPRAISAL INSTITUTE I direct your attention to the data, discussions and conclusions which follow. Respectfully submitted, CNT q J. Michael Joki,MAI,SRA Montana State Certified General Real Estate Appraiser#152 MEMBER APPRAISAL INSTITUTE TABLE OF CONTENTS INTRODUCTION Page Letter of Transmittal Certification Assumptions and Limiting Conditions 6 Summary of Important Facts and Conclusions 7 Subject Property Photograph 8 DESCRIPTION,ANALYSIS AND CONCLUSION: Definition of Market Value 9 Purpose of Appraisal 9 Intended Use of the Appraisal and Intended Client 10 Scope of Appraisal 10 Property Rights Appraised 11 Identification of Property and Legal Description 11 History of the Property 12 Regional Map 14 Regional and City Analysis 15 Neighborhood Analysis 20 Plot Plan 22 Property Description 23 Subject Property Photographs 28 Zoning 33 Highest and Best Use 35 The Valuation Process 37 Site Valuation 37 Land Sale Location Map 41 Land Sale Adjustment Grid 42 Bracketing the Subject Property 45 J. Michael Joki, MAI. SRA HELENA, MONTANA ADDENDA: New and Old Access Agreements Warranty Deeds Preliminary Plat Agricultural Lease Utilities Lease Buy-Sell Agreement with Addendum Utilities Aerial Zoning Ordinance Eagle Nest Aerial Montana Bald Eagle Management Guidelines Comparable Land Sale Sheets with Photographs Qualifications of the Appraiser State License J. Michael fold, MAI, SRA HELENA, MONTANA S I CERTIFY THAT... 1 1. The statements of fact contained in this report are true and correct. 2. The reported analyses,opinions,and conclusions are limited only by the reported Assumptions and Limiting Conditions, and are my personal,impartial, and unbiased professional analyses, opinions, and conclusions. 3. I have no present or prospective 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. 4. I appraised the subject property in February,2014 and my client was the City of Bozeman,Montana. I appraised the subject property again in December,2015 and my client was NorthWestern Energy from Butte,Montana. 5. 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. This appraisal assignment was not based on a requested minimum valuation, or a specific valuation. q p 6. My analysis, opinions and conclusions were developed, and this report has been prepared,in conformity with The Uniform Standards of Professional Appraisal Practice, and with the requirements of the Code of Professional Ethics and the Standards of Professional Practice of the Appraisal Institute. 7. The use of this report is subject to the requirements of the Appraisal Institute relating to the review by its duly authorized representatives. 8. As of the date of this report,I,J.Michael Joki,have completed the requirements of the continuing education program of the Appraisal Institute. 9. I have made a personal inspection of the property that is the subject of this report and have Iafforded the owner, or their representative,the opportunity to accompany me on the inspection. 10. I have personally inspected and verified the comparable sales relied upon in making this appraisal. --1 11. No one provided significant real property appraisal assistance to the person signing this certification. 12. I have the necessary level of knowledge and experience to credibly estimate the value of the subject property,or have taken reasonable steps to achieve such competency and to provide a professional appraisal of the subject property, in accordance with the Uniform Standards of Professional IAppraisal Practice. 13. I am currently licensed in the State of Montana(Certificate#152)as a Certified General Real Estate Appraiser,and hold the MAI and SRA designations conferred by the Appraisal Institute. I MEMBER APPRAISAL INSTITUTE 1C )1(/(A DATE: Jan_% 19. 206 SIGNATURE: Appraised By J. Michael2%NIM, SRA Cettified General#152 J. MicJoki, MAI, SRA HELENA, MONTANA 5 1 ASSUMPTIONS AND LIMITING CONDITIONS This is to certify that the appraiser in submitting this statement and opinion of value of subject property acted in accordance with and was bound by the following principles, limiting conditions and assumptions. Unauthorized use of this report is set forth below. li I1. No responsibility is assumed for matters that are legal in nature nor is any opinion rendered on tide of property appraised. A2. Unless otherwise noted, the property has been appraised as though free and clear of all encumbrances. 3. All maps, areas, plans, specifications, and other data furnished your appraiser were assumed to be correct. No survey of the property was made by this firm.Furthermore,all numerical references to 1 linear measurements,area,volume or angular measurements should be assumed to be"more or less" (+/-) and are accurate to a degree consistent with their use for valuation purposes. 4. This appraisal considers only surface rights to the property with consideration of current zoning and land use controls. The estimate of highest and best use will form the basis for the value estimate. This appraisal does not consider mineral,gas,oil or other natural resource rights that may be inherent A in the ownership of the property. 5. In this appraisal assignment any potentially hazardous material found on the land which may or may 1 not be present on the property,has not been considered.The appraiser is not qualified to detect such substances. A phase 1 environmental assessment and engineering report pertaining to the subject property was provided to me in 2014 when I appraised the subject property for the City of Bozeman. I have relied on these documents as being accurate and will refer any interested party to obtain and read these documents if there are any questions regarding potentially hazardous material. If such material or substance is present it could adversely affect the value reported. 6. The appraiser is not a seismologist.This appraisal should not be relied upon as to whether a seismic problem exists,or does not actually exist on the property.The property which is the subject of this appraisal is within a geographic area where earthquakes and other seismic disturbances have previously occurred and where they may occur again. Except as specifically indicated in the report, no seismic or geologic studies have been provided to the appraiser concerning the geologic and/or seismic condition of the property.The appraiser assumes no responsibility for the possible effect on the subject property on seismic activity and/or earthquakes. I have not made a specific compliance survey and analysis of this property to determine whether or not it is in conformity with any seismic requirements by the City or County. It is possible that a survey of the property could reveal that the property does not meet the required seismic requirements.If so,this fact could have a negative effect upon the value of the property. Since I have no direct evidence relating to this issue, I did not Iconsider possible noncompliance requirements in estimating the value of the property. 7. All data contained in this report and in the appraiser's files, as obtained from other sources, upon which to any degree the opinions and conclusions were based,are considered reliable and believed to be true and correct. However, the appraiser does not assume responsibility for the accuracy of such items that were obtained from other parties. J. Michael Joki, MAI, SRA HELENA, MONTANA 6 8. There shall be no obligation to give testimony or attendance in court by reason of this appraisal with reference to the property in question unless arrangements have been previously made and at an additional fee. 9. Disclosure of the contents of this appraisal report is governed by the by-laws and regulations of the Appraisal Institute. Neither all nor any part of the contents of this report especially the conclusions as to value, the identity of the appraiser, or the firm with which he is connected, or to the MAI and SRA I designations, shall be disseminated to the public through advertising media, news media, public relations media,sales media,or any other public means of communication without the prior written B consent of the appraiser. 10. J.Michael Joki,MAI,SRA,specifically does not authorize the out-of-context quoting from or partial a reprinting of this appraisal report. 11. The liability of J. Michael Joki, MAI, SRA and employees is limited to the client and to the fee collected. Further,there is no accountability,obligations or liability to any third party.If this report l is placed in the hands of anyone other than client, the client shall make such party aware of all limiting conditions and assumptions of the assignment and related discussions. The appraiser assumes no responsibility for any costs incurred to discover or correct any deficiencies of any type present in the property;physically, financially, or of a legal nature. 12. The fee for this appraisal report is for the service rendered and not for time spent on the physical report or for the physical report itself. 13. This appraisal report is prepared for the appraisers' client City of Bozeman. No third parties are Iauthorized to rely upon this report without the express written consent of the appraiser. 14. This Summary Appraisal Report is intended to comply with the reporting requirements set forth under Standard Rule 2-2(a) of the Uniform Standards of Professional Appraisal Practice for an Appraisal Report.As such,it presents discussion of the data,reasoning,and analysis that were used in the appraisal process to develop the appraiser's opinion of value. Supporting documentation concerning the data,reasoning and analysis is contained in the appraiser's file. I I I I J. Michael Joki, MM, SRA 1 HELENA, MONTANA 7 ) SUMMARY OF IMPORTANT FACTS AND CONCLUSIONS PURPORTED OWNER: City of Bozeman,Montana LOCATION OF PROPERTY: This property is located on N. 7th Ave. where it transitions into Frontage Road,and is east of Interstate 90 in Bozeman, Gallatin County,Montana. LAND SIZE: An irregular shaped parcel of land that is comprised of four tracts that total 85.35 acres. IMPROVEMENTS: There are old farm buildings that provide no contributory value. PROPERTY RIGHTS APPRAISED: Fee Simple ZONING: M-2 (Manufacturing and Industrial District) PRESENT USE: Agricultural HIGHESTAND BEST USE: Agricultural in the interim that will most likely transition to a light industrial use DATE OF VALUATION: January 16,2016 CONCLUDED ESTIMATE OF MARKET VALUE: $1,655,000 J. Michael Joki, MAI, SRA HELENA, MONTANA 8 SUBJECT PROPERTY PHOTOGRAPH "*4. .-'t • V: x r4 i eq R. � .ti& � f17tY- • i '4, f . x iou k i Axa � �, � A • 1141..,' ciotogkiti'itA lq t II fi&axtor k}i'n3enlleo, ,`—'• �O.IIm r E ilio ,, ts+,vn.l A t.h $ t 12,2,841;1.111..2,2,1,1-4z�. rlw�wh cycl IA (J; Aerial view of the North Park property. J. Michael Joki, MAI, SRA HELENA, MONTANA 9 1 DEFINITION OF MARKET VALUE The current fair market value has been developed and refined by the State of Montana and 1 found in state statute MCA70-30-313 and is as follows: "Current fair market value is the price that would be agreed to by a willing and informed seller and buyer, taking into consideration,but not limited to the following factors 1 1.The highest and best reasonably available use and its value for such use,provided current use may not be presumed to be the highest and best use; 3 2.The machinery, equipment, and fixtures for the part of the real estate taken; 3.Any other relevant factors as to which evidence is offered." PURPOSE OF THE APPRAISAL The purpose of this appraisal report is to arrive at a supportable estimation of the market value. 1 1 1 1 1 i J. Michael Joki, MAI, SRA HELENA, MONTANA 10 I INTENDED USE OF THE APPRAISAL AND INTENDED CLIENT It is understood that the intended use of this appraisal report is to assist the City of Bozeman with the potential sale of the subject property. The user of this appraisal report is the City of Bozeman. SCOPE OF THE APPRAISAL The scope of this assignment includes a personal inspection of the subject site, reviewing public record information concerning the site and other properties in the immediate neighborhood. Initially I spoke with Brit Fontenot from the City of Bozeman and he explained a new appraisal report is needed that will assist with the potential sale of the subject property.The City of Bozeman was the same user of the appraisal report I completed in February, 2014 pertaining to the subject property. Mr. Fontenot has provided me a number of documents pertaining to the subject property as was able to answer several questions I had pertaining to this property.I was given permission to inspect the subject property on January 16, 2016 unaccompanied and this is also the day I took the photographs of the subject property. Mr Fontenot asked that I contact Craig Campbell at the Department of Natural Resources and Conservation concerning an eagle's nest on the adjoining site to the south that is owned by the Sate of Montana. My findings pertaining to this issue are discussed on page 25 in the functional adequacy section of this appraisal report. Real estate agents,local MLS Service,developers and appraisers in Bozeman were interviewed in an attempt to find relevant market data. Market data has been confirmed with the buyer, seller or broker involved in the transaction. All of the comparable sales utilized in this appraisal report are described in the body of the report and in more detail on the sales sheets included in the addenda. All known, available, relevant market considered to have an impact on the market value of the subject property has been considered. The Scope of Work defines an appraiser's conclusions as to what is deemed necessary to provided a creditable appraisal report. The client is defined as the City of Bozeman.The intended user is the client, and the intended use will be to assist the client with the potential sale of the subject property.The following sources provided me data that was used in this appraisal report. • Gallatin County Clerk and Recorder's Office • City of Bozeman Planning Department J. Michael Joki, MAI, SRA HELENA, MONTANA 11 • Keith O'Reilly,MAI,Appraiser • Ed Jackson,Appraiser • Craig Campbell,DNRC • Mike McKenna,Realtor • Scott Dehlendorf,Developer • Paul Rubright,Realtor • Jason Leep,Realtor • Pour Corners Construction,Developer • Dave Osterman,Developer • Jason Basye,Realtor • Bill Elfland, Realtor ,_ • Brett Tudsburry,Realtor I PROPERTY RIGHTS APPRAISED This appraisal is made with the understanding and assumption that present ownership of the subject property includes all rights that may be lawfully owned,and is therefore title in fee simple but as encumbered i with existing easements as of January 16,2016.A fee simple estate is subject only to the limitations imposed by the governmental powers of taxation, eminent domain,police power and escheat. 1 IDENTIFICATION OF PROPERTY AND LEGAL DESCRIPTION The property which is the subject matter of this appraisal report consists of four tracts of land that total 85.35 acres and are located at the north end of N. 7th Avenue where it transitions into Frontage Road in Bozeman, Gallatin County,Montana. The legal description of the land is as follows : "Tractl—A,Tract 2—A,Tract 3—A and Tract 4-A of Certificate of Survey No. 2153, situated in the NW 1/4 of Section 36,Township 1 South,Range 5 East,Gallatin County,Montana." J. Michael Joki, MAG SRA HELENA, MONTANA 12 Exposure Time: Exposure time is defined by the Appraisal Standards Board of the Appraisal Foundation as follows: "The estimated length of time the property interest being appraised would have been offered being on the market prior to the hypothetical consummation of the sale at market value on the effective date of the appraisal;a retrospective estimate based upon the analysis of past events assuming a competitive and open market". Exposure time is typically based on historical data found in the market place.As shown on the comparable sale sheets in the addenda the days on market for these sales range from approximately 1 to 2 years.Market conditions in Bozeman are relatively strong which is expected to remain in the foreseeable future. Demand for the subject property may be some what limited, however it is my opinion a reasonable exposure time for the subject property is 18 months. HISTORY OF THE PROPERTY The City of Bozeman purchased the four tracts that comprise the subject property from the Mandeville family in 2003. Brit Fontenot reported tome the city of Bozeman paid$3,000,000 for this property in 2003.As I understand it was the intent of the city of Bozeman to purchase this land for a transfer station site.Then the city tried to gain better legal access to the property and subdivide the property into multiple lots for development with light industrial use. Craig Campbell with DNRC explained that access agreements with the City of Bozeman were reached that would have provided access to the subject property over land owned by the State of Montana that lies directly to the south of the subject property. Apparently the access agreement was subject to several conditions being met,however the access agreement had expired, and at that point in time the only legal access to the subject property was from Red Wing Drive along the north property boundary. The preliminary plat showing the subject property divided into 22 light industrial lots was provided and a copy is included in the addenda. This North Park conceptual use plan shows the subject property being developed in conjunction with the DNRC land to the south.A listing price per se is not shown on this document. In 2014 I confirmed with Dustin Johnson at the City of Bozeman Engineering Department that approval of this conceptual subdivision was subject to legal access being obtained over the DN RC property to the south and several other conditions. Prior to starting this appraisal assignment I was provided a copy of the two right-of-way deeds that grant the City of Bozeman public access to the subject property from Wheat Drive and Flora Lane over the State of Montana (DNRC)land directly to the south.Both of these documents recorded on August 24, 2015 and are included in the addenda. On December 22,2015 I spoke with Shawn Kohtz at the City of Bozeman Engineering Department and he confirmed the North Park Master Site Plan has been submitted and approved.This approval allows the developer to construct Wheat Drive however that is subject to the conditions outlined by the City of Bozeman Development Review Committee.The developer has not constructed Wheat Drive yet and is under no obligation to do so until they .1. Michael Joki, MAI, SRA HELENA, MONTANA 13 elect to implement the North Park project. Currently the subject property is leased to Bill Tatarka who farms this land and the adjoining DNRC land to the south.A copy of the year to year lease agreement is included in the addenda.Also in the addenda is a copy of the utility easement provided to me by Brit Fontenot that provides access to a cell tower on the subject property.The cell tower is also subject to an annual lease agreement but a copy of this lease agreement was not given to me. A copy of the buy-sell agreement dated January 27, 2014 is also included in the addenda. Micropolitan Enterprises,LLC and Powder River Company and/or assigns has offered$1,280,550 for the subject property.A copy of the buy sell agreement,counter offer and addendum's to the buy-sell agreement are included in the addenda. I recently confirmed with Brit Fontenot that an extension was signed for the buy-sell agreement and therefore it is still a binding contract. J. Michael Joki, MAI, SRA HELENA, MONTANA 14 REGIONAL MAP { }t]ELC}ItMi. street Atlas USAF 2006 i I i ,J ) ShAUnAVOf I I, • lace r .,., 4-, OI f v 1 .- _.... N rth 1 S trtry r ' �a � a,r ' L— I FJ b 6 rs hcllep 1 Bfu rl( p Men ails a n t`eseN ibn 1 ,L. 1 j t III a rbat(ya(Is M a.nald oldc.a Orryv wayC 6[goacr \ rf - PPP Mlsacuia. -y Helena r ."y. aU'aw� f .1 4II eA conch c cc IIJ ( -iL ngs J 6 uman y � I II � SAlnlon �' Grassh PPer Q(H t r f i F 3 1 -, "I ffi •sly ',... rte JI /r'.1 \ t 1e ORDnfQ� � I ( 4Yt I yyy i..l QlvaPf{r; \t Data use subjectto license. ml ©204 OeLorme.street AHas USPO 2005. 0 16 32 48 G4 80 wshv.delorme.com MN(OA'W) Data Zoom 0-2 J. Michael fold, I, SRA HELENA, MONTANA 15 MA REGIONAL AND CITY ANALYSIS Bozeman is the county seat of Gallatin County and is one of 56 counties in the State of Montana. Gallatin County is located in a mountainous area of Montana north of the Montana/Wyoming border and Yellowstone National Park. Bozeman primarily lies on the south side of Interstate 90 and is located approximately 140 miles west of Billings,Montana and 80 miles east of Butte,Montana. Gallatin County has grown faster than any other county in the State of Montana over the past decade according to the Census Bureau. Gallatin County includes almost 2,500 square miles of mountainous lands that offer a variety of topography and climate. Nearly half of Gallatin County is under public ownership by the Gallatin National Forest, State of Montana,Bureau of Land Management or the National Park Service. Forces Influencing Property Values The value of real estate is influenced by the interaction of four major forces. Social considerations, economic considerations, government and environmental considerations. The four forces are discussed as follows: Social Considerations Social forces are exerted largely by population characteristics,including population growth,density,and age distribution. According to the U. S. Census Bureau the population of the City of Bozeman increased from 27,509 in 2000 to 37,280 as of April, 2010 and increase of nearly 9,800 people. This represents an increase in population of approximately 35.5%over this 10 year period,or an average rate of growth of about 3.55%/year. From April, 2010 to April, 2012 the population increased from 37,280 to 38,695, an increase of nearly 1,415 people which equated to a growth of 3.8% over this time frame. Gallatin County's population increased from 67,831 in 2000 to 89,513 in 2010 or approximately 21,700 people. This represents an increase in population of approximately 32% over a 10 year period or an average growth rate of 3.2%/year. Between April,2010 and April,2012 the population increased from 89,513 to 92,614 people or 3,101people which equates to a growth rate of about 3.5%over this time period. Comparatively,the State of Montana grew from 989,417 people in April 2010 to 1,005,140 people in 2012 or 15,724 people which equates to a growth rate of 1.6% over that time frame. In addition to population growth the City of Bozeman continues to see growth in its geographic size. In 1990 the City of Bozeman was approximately 6,420 acres (± 10 square miles) and by the end of 2009 it had J. Michael Joki, MAI, SRA HELENA, MONTANA 16 i expanded to 12,300 acres (±19.25 square miles)resulting in an increase of±92%over this 19 year period. This growth was to accommodate the increasing population which required new land for residential,commercial and I industrial development. This growth significantly slowed in 2009 and 2010 which was being seen all throughout this region as the national economic recession took effect. 1 Bozeman has a significantly lower home ownership rate than most other communities in the county Iprimarily due to the student body of Montana State University. Bozeman also has a smaller average household size and a smallerportion of families than other areas of Gallatin County. Bozeman has an average household Isize of 2.27 people while the average household size for Gallatin County is 2.49 people. Just over half of the Bozeman households are families compared to±63%countywide. The population of Bozeman is considerably Iyounger than Gallatin County as a whole,and even more so,in comparison to the State of Montana. Again this emphasizes the significance of Montana State University being located in Bozeman. Bozeman and Gallatin County has transformed over the past decade from a primarily agricultural based community to a tourism related community. Bozeman and Gallatin County offers a high quality of life due to its low crime rate, offering of many cultural experiences,the presence of Montana State University and its education offerings. An abundance of outdoor activities that include excellent downhill snow skiing, world class fly fishing rivers, streams and iaccess to numerous state and federally owned lands are all nearby. Economic Considerations Bozeman,like many communities in Montana experienced significant growth in population and economy for a number of years. This area was affected by the national recession just like many other areas in the country however new growth and development has begun again and the outlook for Bozeman and the vicinity is quit positive based on a number of factors. I • County seat of Gallatin County. • Wide range of skills in the labor force. • Home of Montana State University. • Well located in southwestern Montana. • Numerous recreational opportunities Bozeman is somewhat unique when compared to other communities in Montana because there are few employers who employ a large amount of the population. Missoula, Montana, as an example was very dependent on the lumber and timber industry and Butte,Montana had always relied heavily on the mining industry. When those industries slowed those communities were very heavily impacted. The primary employer in Bozeman is Montana State University. Other major sectors of the economy that provide employment are J. Michael Joki, MAI, SRA HELENA, MONTANA 17 construction,local and state government,manufacturing,technology,agricultural and retail service. Montana State University currently employs about 3,500 people as permanent faculty/staff and they also employ over 2,000 students in part time work. In the fall of 2,013 the student enrollment at MSU was slightly over 15,000 people which certainly has a significant affect on the local economy. Other major employers in Gallatin County include the State of Montana, Gallatin County,the City of Bozeman,Bozeman Deaconess Hospital, Right Now Technologies. With such a diverse employment base the local economy tends to be sheltered from a downturn in any of the Country's key employment industries. In 2010 Bozeman was declared as the most expensive place to live in Montana based upon a report by Propera Business Network. This report stated that Bozeman's 2009 cost of living was 4.4% above the national average. The other Montana cities that showed an overall cost of living above the national average were Missoula at 1.8%and Kalispell at 1.5%. Residential rent levels in Gallatin County have remained stable primarily due to the presence of Montana State University. Rents in this community will periodically show a slight decline however they tend to stabilize or even increase rather quicldy due to the continued growth of Montana State University. Overall the economic growth has been much stronger in Bozeman and Gallatin County than what is being seen statewide. Historically the sectors in Bozeman and Gallatin County that show the most substantial growth are agricultural services, construction, manufacturing, finance, insurance, real estate and lodging. Currently the unemployment rate in Montana is 6.4% and Gallatin County recorded a slightly lower unemployment rate at 5.8%. Gallatin County's labor force is currently estimated at 52,070 employees,the third largest labor force in Montana's 56 counties. Over the past±10 years residential building permit activity in the City of Bozeman was on the rise and reached its peak in 2005 and then began to decline over the next 5 years, and most significantly in 2008 and 2009. Residential building permits began to increase again in 2010 and have been on a steady incline. Bozeman has been experiencing new growth in several areas of town but no area has provided as much commercial real estate development at the 19th Avenue corridor. Recent stores and restaurants developed along 19th Avenue include Sportsman's Warehouse, Lowes, IHOP, Bed Bath and Beyond, Staples, World Market and REI. Most recently a new Safeway grocery store(±58,000 SF)was completed in December,2011 and a Kohls department store (±55,300 SF)was completed in October, 2011. The City of Bozeman facilities over the past 5 years have seen significant development and/or renovation which includes the fire stations,police station,waste water treatment facilities, the completion of a downtown parking garage,City of Bozeman Library,construction of the Gallatin County Detention Center, an expansion of the landfill building etc. Montana State University has also seen significant expansion and renovation which include a significant remodel of the football stadium, addition of the Molecular Biology Center, renovations to the Health and Physical Education Center, addition of the Black Box Theater, J. Michael Joki, MAI, SRA HELENA, MONTANA 18 renovation of Gaines Hall etc. Tourism brings a significant number of visitors to the Bozeman area. Yellowstone National Park,the first national park in the United States, is located approximately 65 miles south of Bozeman. Big Sky Sld Resort is located approximately 45 miles south of Bozeman and has recently been listed as the seventh best ski resort in the United States. This ski area averages over 300" of annual snowfall with skiing available November through April. The Yellowstone Club lies adjacent to Big Sky Ski Resort and is an exclusive vacation/residential development that includes both private skiing and golfing. This exclusive, private development had filed for bankruptcy in 2008 and in 2010 was purchased by Cross Harbor Capital and for several years saw significant decline in sales and values. However the private development has begun to rebound again as sales are starting to climb again. Other ski resorts in Gallatin County include Moonlight Basin which is also adjacent to Big Sky and Bridger Bowl which lies approximately 15 miles to the north of Bozeman. Environmental Consideradons Environmental and physical forces,both natural and man made,can influence property values.These forces include climatic conditions, topography and natural barriers, and transportation systems. Bozeman's climate clearly reflects its mountain valley location. Bozeman truly has four seasons with its short summers being pleasant which are typically characterized by warm to hot days and cool nights. The average high temperature in the summer is in the upper 80°'s and the average low in the winter is the mid to lower 30°'s. Spring tends to come late in the Gallatin Valley as Va of its annual precipitation±19" falls during May and June. The average annual snowfall in Bozeman is±72" and the average length of the growing season is about 107 days. The climate of the county varies according to elevation but is generally characterized by relatively cold winters and warm summers. Snow removal is a common operating cost that will affect real estate in the winter months. In contrast air conditioning costs are less during the fairly temperate summer months however heating bills can be quite high during the cold winter months. Bozeman is located on the south side of Interstate 90. Access to the south towards Yellowstone Park is via U.S.Highway 91. There are numerous other state highways and Gallatin County maintained roads that provide access throughout this region. Commercial air service, truck and rail transportation are considered to be adequate. Gallatin Field which is located in the adjacent community of Belgrade is the second busiest airport in the state and provides air service for this area. Governmental Consideradons The City of Bozeman is a City Commission/City Manager form of government with an elected J. Michael Joki, MAI, SRA HELENA, MONTANA 19 I municipal judge. There are five commissioners elected with no party affiliation and are elected to a four year term which are overlapping. The City Commissioner elections are held every two years and the terms of the commissioners are staggered and the candidate who receives the most votes in an election becomes the mayor the last two years of their term. i The City of Bozeman has approximately 40 police officers and the fire department has approximately 18 firefighters plus the Fire Chief,Deputy Chief/Marshall,and seven captains. There are three fire stations in the City of Bozeman and overall the fire and police protection services are considered to be good. The Department of Planning and Community Development processes applications for new development in the city limits. This department enforces the zoning regulations within the city limits of Bozeman. Gallatin County administers all zoning for properties outside the city limits and within the"zoning donut". The Gallatin County Comprehensive Plan encourages development near the existing city limits l and/or services and discourages development in more remote locations. In general the planning and zoning regulations in this area are considered stringent. Conclusion Bozeman and Gallatin County has population and overall growth trends that are continuing upward. This area offers a wide variety of outdoor recreational opportunities,cultural resources,tourism,and coupled with the presence of Montana State University this area is poised for continued growth. Bozeman has a young and very well educated work force and coupled with its diverse economy the general outlook for Bozeman,Belgrade and the surrounding small 9 communities is good. Overall the real estate market in Bozeman is strong. 2013 was the first year of strong market conditions after 5+ recession years. Residential and commercial activity has increased significantly. Residential apartment 1 occupancy is more or less at 100%,and commercial lease rates and commercial property values have been increasing as well. 1 1 l • J. Michael Joki. MAI, SRA HELENA, MONTANA 20 1 NEIGHBORHOOD DATA &ANALYSIS f e Y r� Y .m ♦--::"^,1;. t. f'= ; tf _ T ( n<t / ` �``` c6t- ' §1"- vz� IT,9 1 *Rc.� �s ej a o ry # �' 1 r 2 ,/231t 111'F �- sn fi ' o t" qb y,i ati s,- a r a z ' PM . 1 . ,. � � � ;s1-4F. f a d� ���"`d z t � r � � �' c 3e P I � i 1 51 " i4 k 4 p st d ,34(1:„{::1;1-:,s ` k' '•_ t J • ty‘ 5 [�d �y�}� iii f5 of .�},& ^.� j � C p! , ,j rt'�x ,^ l � ! t bl�-+ I f �3 � f -ri i �' t f .;ryYr.; r- x ^ ( �f �n1�. � a#s fry to t 'tY, , xi�" „� , r ,, 1 pi( �t5ji ��'3 � l�t ` x t�¢zem an MI Boeem am'a" � y 'J�*�) .r . vf Z ,� 1 xr r was 1.4 , r it -u The subject property is located at the northern edge of the Bozeman city limits and lies between Interstate 90 and N. 7th Ave.where it transitions into Frontage Road.The subject property is annexed into the city limits and zoned M-2 and is one of the largest industrial zoned vacant sites in the city of Bozeman. This site is adjacent to Frontage Road and N.7th Ave.which is one of the main transportation routes between Bozeman and Belgrade, and for those who live in the valley north of Frontage Road. North 19th Avenue lies just to the west and across Interstate 90. The I-90 interchanges in direct proximity to the subject property are at N. 7th Ave. and N. 19th Ave. A new interchange was recently completed several miles to the west in front of the Bozeman—Yellowstone International Airport. There are railroad tracks that pass through Belgrade and parallel Interstate 90 to approximately N. 19th Ave. and then lie between the subject property and Frontage Road, and then pass beneath N. 7th Ave. and continue through the northeastern edge of Bozeman. Reportedly there are approximately 25 trains a day passing the subject property. This rail line offers rail spur possibilities for those light industrial and manufacturing properties in this neighborhood. -- To the north/northwest of the subject property there are a number of residential subdivisions and the Riverside Country Club. To the west and across Interstate 90 is N. 19th Ave.which is heavily developed with many of Bozeman's newest retailers, restaurants, banks etc. and is also the location of most of the newer big box stores. On N.7th Ave., to the south of the subject property,this area is also densely developed with commercial properties including hotels,restaurants,grocery stores and other retail. To the south and adjacent to the subject property is the land owned by the State of Montana(DNRC). This land, in conjunction with the subject property, is the location for the conceptual J. Michael Joki, MAI, SRA HELENA, MONTANA 21 North Park Development.As previously explained in the Property History the application for the master site plan has been approved which allows the developer to construct Wheat Drive however that is subject to conditions outlined by the City of Bozeman Development Review Committee. For years this conceptual plan never "took hold" in this market however the developer is now taking steps towards developing this light industrial land. From this neighborhood other areas in Bozeman can easily be accessed. N. 7th Ave. is one of the main north/south travel routes through Bozeman and it provides direct access to downtown Bozeman to the south or the valley to the north. In recent years N. 19th Ave. has become densely developed and is another main north/south travel route through Bozeman and provides good access to the western end of Bozeman and leads directly south to the Montana State University campus. Nearly all of the primary east/west traffic streets pass through N. 7th Ave. and N. 19th Ave. Many of the long time farm and ranch operations that were located between Bozeman and Belgrade have been developed into residential subdivisions.There is still farmland in this area however it is becoming more developed into residential use as demand for this property type is strong again. I expect commercial development will continue where land is available near N. 19th Ave. or along W. Main St./Huffine Lane and towards the Four Corners area. City water and sewer service are readily available throughout this neighborhood. Natural gas and electricity is provided throughout the area by Northwestern energy. I expect demand for commercial property in this neighborhood will remain strong.There are clusters of light industrial property to the southeast of the subject property that historically have been slow to develop. There are areas around the fringe of Bozeman and Belgrade, and near the Four Corners area,that are more conducive to light industrial development because the land prices are cheaper. Land values near the subject property have reached a level that make the financial feasibility of a light industrial development challenging in this area. Overall I expect the market conditions to remain strong in the Bozeman/Belgrade market and this neighborhood is well situated to receive some of the new growth that is under way in this community. Most likely market values will appreciate accordingly and this trend is consistent with surrounding neighborhoods in Bozeman. J. Michael Joki, MAI, SRA HELENA, MONTANA 22 (dwr Nth � 1 v v PLOT PLAN J. Michael Joki, MAI, SRA HELENA, MONTANA 23 PROPERTY DESCRIPTION Site Site: As shown on the facing page the subject property is comprised of four tracts of land . Tract 1-A is 22.22 acres,Tract 2-A is 10.01 acres, Tract 3-A is 24.76 acres Tract 4-A is 28.36 acres. These total 85.35 acres. Shape: Irregular Topography Most of this land is level. There are areas that are elevated slightly above Red Wing Drive. Near the center of the site and just east of the building improvements is Mandeville Creek,a seasonal creek, that passes through the center of the subject property in a general north/south direction. This seasonal creek has created an area of high groundwater and/or a wetland area. I confirmed the general location of the creek/wetland area with Brit Fontenot because at the time of my site inspection this land was under heavy snow cover. Soil Conditions: I was provided a copy of the Phase 1 Environmental Assessment and Engineering Report that was completed for either the City of Bozeman or the State of Montana. It was concluded in this document that no significant impacts were found that would adversely affect the subject property.I have relied on this document as being accurate as it is considered in my final market value estimate. Easements: No tide policy was provided to your appraiser. A title policy should be used for the final determination of easements and encroachments. As shown on the facing page the Yellowstone Pipeline Company gas easement passes through the center of the subject site in a general east/west direction. Access: Recently the City of Bozeman was granted legal access to the subject site over the adjoining land to the south that is owned by the State of Montana(DNRC). This access can be gained from either Wheat Drive or Flora Lane however neither of these streets have been constructed as of the effective date of this appraiser report. A copy of the Right of Way Deeds granting this access is included in the addenda. .1. Michael Joki, MAI, SRA HELENA, MONTANA 24 Prior to the City of Bozeman being granted the above referenced access this land was being accessed from Red Wing Drive that parallels the north/northeast boundary. This unimproved and un-maintained road is between the subject property and the railroad right-of-way. Red Wing Drive can be accessed from N. 7th Ave. near the subjects SEC or from Frontage Road near the subject's NWC. Neither of these intersections for Red Wing Drive has a traffic light. Access at the Frontage Road intersection requires travel over the railroad tracks /railroad right-of-way and this is not a gated crossing. A copy of the October 19,1925 document wherein Northern Pacific Railway company is granting Gallatin County, Montana access over this crossing was provided to me by Brit Fontenot.As explained to me by Mr. Fontenot and as shown in this document access over the railroad tracks/railroad right-of-way can be denied by the railway company with six months notice. It is apparent both of these intersections for Red Wing Drive would need a significant amount of improvement before they could be considered as ingress/egress for a multi-lot development on the subject property. Obviously if the subject property becomes developed the recently granted access from Wheat Drive and Flora Lane will have to be developed and used as the primary points of ingress/egress. Utilities: In the addenda there is an aerial photograph showing the location of city water and sewer service on die subject property. On this photograph there is a blue line crossing through the eastern 1/4 of the subject property in a north-south direction. As confirmed at the City of Bozeman Engineering Department this line depicts the location of the city water and sewer services.The sewer line is a transmission main only and can only serve land to the east of the sewer line so the western 75%of the subject property currently has no sewer service. City water lines are in the same location and could serve one building on this property however a second feed would be required to serve the remainder of the site if this property is ever developed into multiple lots. -- Natural gas and electrical service are provided to the subject site by Northwestern Energy. FunctioialAdeguay: Currently the subject property is being leased to a local farmer who grows wheat on this property. For this use, the historical access from Red Wing Drive,this sites topography,and this sites size(when coupledwith the adjoining land to the south) serves well for an agricultural use. Now strides are being taken towards developing this land with light industrial lots and one of the first .1. Michael Joki, MM, SRA HELENA, MONTANA 25 1 issues that had to be resolved was securing legal access from Wheat Drive and Flora Lane which has been completed. Even though neither of these streets have been constructed the Master Site Plan application for the North Park Development is approved with the city however the developer is under no obligation to construct the streets until they elect to implement this project. As a developer takes this land to the next level of development several challenges may present then-melt'. Mandeville Creek is a seasonal creek that has created an area of high groundwater/wetland. The Yellowstone Pipeline Company gas easement crosses through this site in an east/west direction and like Mandeville Creek it will exclude some of the land from being developed. One other issue has arise since I last appraised the subject property which involves an eagle's nest on the State of Montana(DNRC)land directly to the south. I have been provided a copy of an aerial photograph that depicts the location of the eagle's nest and shows the recommended distance buffers for potentially disturbing activities. I was also provided a copy of the Montana Bald Eagle Management Guidelines and both are included in the addenda. I spoke with Craig Campbell from DNRC at length about this matter and Mr. Campbell explained that DNRC is currently working with Montana Fish 11 Wildlife and Parks to obtain a "Take Permit" for the eagle's nest. It is my understanding a take permit removes the liability of making an eagle leave its nest if certain activities on the applicant's land provides a disturbance which causes the eagle to leave it's nest. As Craig Campbell and I discussed there are approximately 15 active businesses relatively close to the eagle's nest, a cell tower within 50', and the DNRC land where the eagle's nest is located is currently being farmed in conjunction with the subject property.These are all examples of nearby activities that may or may not play a role in an eagle leaving its nest. Reportedly one of the other real issues concerning an eagle is it's mortality let alone disturbance of a nest site.This eagle's nest is within 500' of Interstate 90 which apparently can play a big role in eagle mortality. As shown on the aerial photograph in the addenda approximately the south half of the subject property is impacted by the recommended distance J. Michael Joki, MAI, SRA HELENA, MONTANA 26 buffer from the eagle's nest.It was Craig Campbell's opinion to complete the take permit process will require several months and the earliest the permit may I be finalized is Spring of 2016. As of January 16, 2016 the take permit process has not been finalized. As previously mentioned the take permit would remove liability of the applicant if the eagle were to leave its nest because of disturbing activities on the applicant's land. Craig Campbell did point out that the recommended distance buffer certainly encumbers the south half of the subject property and it does present a burden to the developer of this land however it appears to be temporary in nature. Essentially if the land is developed without a take permit then the developer may have to accept the liability pertaining to the disturbance of the eagle's nest. Craig Campbell and Brit Fontenot both confirmed to me Murdoch's Home and Ranch Supply store currently has a new construction project underway and reportedly they are well aware of the eagle's nest location. However they have decided to continue with their construction project even though they are less than 1/2 mile from the eagle's nest. From all the information I have gathered it is my opinion the location of the eagle's nest and the recommended distance buffer does burden the subject 1 property but only on a temporary basis.The take permit process is well under way with Montana Fish Wildlife and Parks and if this permit were denied a j developer could continue with their project however they would have to accept the liability pertaining to the eagle's nest. However, with approximately 15 nearby businesses, the land beneath and around the eagle's nest currently being farmed, and the proximity of Interstate 90 proving liability that will show a disturbance that caused an eagle to leave its nest to just one of these land owners could be difficult. One other aspect pertaining to this issue that Craig Campbell and I discussed are the role of the underlying land owners.The State of Montana owns the land beneath the eagle's nest and the subject property is owned by the City of Bozeman. Because both of these landowners are public entities the eagle's nest has drawn a heightened level of attention. Worst-case scenario the eagle's nest may present a burden to further develop this land if it is found to be feasible, ,..' J. Michael Joki, MAI, SRA HELENA, MONTANA 27 but this would only be on a temporary basis until the take permit process is completed or the developer wants to accept the potential liability for the disturbance of an eagle's nest.For these reasons,it is my opinion the eagle's nest does not adversely affect the market value of the subject property. Nuisances orHaaids: To the south of the subject property the land is owned by the State of Montana and is currently undeveloped and being farmed in conjunction with the subject property. Directly to the north/northeast is the railroad right of way. Nearby development includes residential, small businesses and a variety of retail stores. The very southwest corner of the subject property is adjacent to Interstate 90 and the N. 19th Ave. commercial corridor is just beyond to the west. These uses are typical to this mixed use commercial /light industrial area that is at the northern fringe of the Bozeman city limits. None of the surrounding uses adversely affect the market value of the subject property. Site and Building Improvements There is some old fencing on-site and several old farm buildings on the south side of Red Wing Drive. These improvements were given no value when the City of Bozeman purchased this property in 2003 and currently see very little use. These improvements appear to be almost fully depreciated.Therefore,the fencing and building improvements have been given no value in this appraisal report. It should be noted at the time of my site inspection the ground was under heavy snow cover. J. Michael Joki, MAI, SRA HELENA, MONTANA 28 SUBJECT PROPERTY PHOTOGRAPHS A t} . Looking northwest on Red Wing Drive. Subject property is on the left and the railroad right of way is on the right. Photograph taken January 16,2016 by J. Michael Jold,MAI, SRA. Iwy ?^4 y 's t- n ,r, rx: Taken from the north boundary and looking south over the subject site. Photograph taken January 16,2016 by J. Michael Jold,MAI,SRA. J. Michael fold, MAI, SRA HELENA, MONTANA 29 SUBJECT PR OPERTYPHOTOGRAPHS { } E. 1 YYY � Re, i„ ri+��b 3G 'Yk� ' v t.yt �'^ i,fil"a -to � z; -;` =ate,.a�.s�. ,,..`. Building improvements. Photograph taken January 16, 2016 by J. Michael Jori,MAI, SRA. ' z ! { 66 4 �y`�� u yet Photograph shows the is backs along the north boundary and the Frontage Road underpass in the distance. Photograph taken January 16, 2016 by J. Michael Jold,MAI, SRA. J. Michael Joki, MAI, SRA HELENA, MONTANA 30 SUBJECT PROPERTY PHOTOGRAPHS fl Ph c)tograph taken from Frontage Road and looking south at Red Wing lDiive. To access the subject property froin this location requires crossing the railroad tracks. Phi)tograph taken January 16, 2016 by J. Michael Joki, NI A I, SRA. Intersection of North 7th Avenue and Red Wing Drive. Photograph taken January 16,2016 by J. Michael Joki, MAI, SRA. J. Michael fold, AIAI, SRA HELENA, MONTANA 31 9 SUBJECT PROPERTY PHOTOGRAPHS { ( Photograph taken from Mandeville Street and looking north at the Wheat Avenue public access easement area on the land owned by the State of Montana. Photograph taken January 16,2016 by J. Michael Joki,MAI, SRA. j r £'yam 4.--4Th Photograph taken from the end of Flora Lane and looking north at the area where this public access easement will cross over the land owned by the State of Montana. Photograph taken January 16,2016 by J. Michael Joln, MAI, SRA. J. Michael Joki,MAI, SRA HELENA, MONTANA 32 SUBJECT PROPERTY PHOTOGRAPHS , E 1 1 .4i3- 1 aul a iil dfl rw:�ia,N.YLn t 1}ZI at.t ':�.1.W.0 t.Y 4Sie { g Taken from neat the center of the site and looking west towards I-90. The Yellowstone Pipeline Gas easement marker is shown. Photograph taken January 16, 2016 by J. Michael Joki,MAI, SRA. 4 -R'Re rcla NM, s t p Photograph taken from the south boundary and looking north over the subject site. Photograph taken January 16,2016 by J. Michael Joki,MAI, SRA. J. Michael Joki, MAI, SRA HELENA, MONTANA 33 ZONING The subject site is zoned M-2 (Manufacturing and Industrial District).The intent of this district is to provide for heavy manufacturing and industrial uses, servicing vocational and employment needs of city residents.Typical uses in the M-2 zoning district are automobile sales and service, automobile repair,hotel or motel, laboratory, light manufacturing, manufacturing and industrial use, truck, bus and rail terminal 1 facilities, trade schools,warehousing etc. As shown in the copy of the zoning ordinance in the addenda there are additional conditional uses and accessory uses allowed by this zoning ordinance.Also shown in the document are the lot coverage/floor area ratios, minimum lot width, setbacks and minimal building height requirements. 9 1 i 1 1 I 1 1 1 1 J. Michael Joki, MAI, SRA HELENA, MONTANA 34 HIGHEST AND BEST USE "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. Alternatively,the probable use of land or improved property- specific with respect to user and timing of the use- that is adequately supported and results in die highest present value." The definition above applies to the highest and best use of vacant land or improved property. It is to be recognized that in cases where a site has existing improvements on it,the highest and best use may very well be determined to be different from the existing use.The existing use will continue,however,unless and until land value in its highest and best use exceeds the total value of the property in its existing use. Quite often in estimating the highest and best use of land,the appraiser is controlled by governmental regulations.These controls are generally zoning ordinance,parking requirements and building codes.Also, in the estimate of highest and best use, one must recognize the attitude of typical investors in the marketplace. Real estate will usually fall into certain definite development patterns,and their uses can be classified as: residential,agricultural,recreational,industrial,commercial and public use.In valuing the highest and best use of the land both as if vacant and improved,the following criteria must be met. 1)legally permissible, 2) physically possible, 3) financially feasible, and 4) maximally productive. Legally Permissible The subject property is zoned M-2(Manufacturing and Industrial district)and this zoning ordinance allows for a wide range of uses however this type of land is primarily intended for development with light industrial,industrial and manufacturing uses. Several of the use classifications previously discussed can be eliminated from consideration.Residential and recreational use are not allowed by this zoning ordinance and therefore they can be eliminated from consideration. Some forms of commercial use are a legally permissible use in the M-2 zoning district however there is land in Bozeman that has better access and visibility,and The Dictionary of Real Estate Appraisal, 5th ed.,s.v. "highest and best use". J. Michael Joki, MM, SRA HELENA, MONTANA 35 is better located for commercial development with a typical retail or office use.Therefore,this use can also reasonably be eliminated from consideration. This leaves agricultural and industrial use as the remaining uses in this district. tl Physically Possible Historically this land has been in an agricultural use. In 2003 the City of Bozeman purchased this land with the intent to use as a transfer station site however it was determined this was not the best location or use of this property so it was being marketed as a potential light industrial development in conjunction with the DNRC (State of Montana)land to the south. For several years the marketing efforts never found a developer or buyer for this project and this land remained in an agricultural use. On January 27,2014 a buy-sell agreement for the subject property was completed.As I understand the intent of the buyers is to develop the subject property into light industrial lots in conjunction with the DNRC land to the south. The one issue that has hampered development of this land over the years is its access from Red Wing Drive at either the N.7th Ave.or Frontage Road intersection.Trying to design access from either of these locations that would meet city and state standards was eliminated when public access easements were granted to the City of Bozeman from Wheat Avenue and Flora Lane to the south and over the adjoining DNRC land. Even though neither of these streets have been built, and their development will be subject to the conditions outlined by the City of Bozeman Development Review Committee, the subject property is one step closer to being developed with a light industrial use. As previously explained in th e functional adequacy section of this appraisal report the eagle's nest located on the DNRC land directly to the south could temporarily delay development of this land but a developer could just accept the liability associated with the potential disturbance of the eagle's nest and continue to develop the land.Therefore,an industrial use is not only legally permissible but it is one step closer to being physically possible. Financially Feasible Bozeman has been experiencing strong growth again and particularly in the past three years. The city of Bozeman is naturally expanding to the north and west and the subject property is in direct proximity to some of the most recent development along the N. 19th Ave. corridor which lies directly across Interstate 90. To the best of my knowledge the financial feasibility of the conceptual North Park Development which includes the subject property and the DNRC land to the south was never put to test per se. As previously J. Michael Joki, MAI, SRA HELENA, MONTANA 36 mentioned one of the primary hurdles of this development was gaining better access which has been accomplished.The Master Site Plan application for this development is approved with the city of Bozeman however this development is by no means in its final stages of approval. Most likely development of the subject site would be relatively expensive when considering extension of city services, development of roads and the cost of the City of Bozeman impact fees.A light industrial development at this location also has the potential of a long holding/sellout period and I suspect the development expenses would be difficult to overcome considering the price of a typical light industrial lot near this location. Maximally Productive The use that conforms with the requirements of the first three tests is for an interim agricultural use until it is feasible to develop this land to a higher and better use which could be for a light industrial development. In concluding to the highest and best use of a property the physical use,the timing of the use and the user's/most probable buyers needs to be defined.It is my opinion the maximally productive use of this site could be for a light industrial use, however in the interim it is likely the land will remain in an agricultural use until development with a higher and better use can be justified. In terms of the most likely buyer and user of this site there are two options. An end-user sale is a sale to a buyer who intends to immediately utilize the property to its highest and best use. A speculative-investor sale is the sale to a buyer who purchases the property with no intention of immediately utilizing the property to its highest and best use. It is my opinion the subject site would most likely be purchased by a speculative investor who would purchase the subject property and develop it to its highest and best use when it is found to be feasible. J. Michael Joki, MAI, SRA HELENA, MONTANA 37 PROPERTY VALUATION In the Sales Comparison Approach an indication of value is derived by comparing the relative utility and desirability of the subject site with comparable properties that have recently sold or are currently listed for sale. Basic to this approach is the principle of substitution which states that "when a property is replaceable in the market, its value tends to be set by the price required to acquire an equally desirable substitute property." In this appraisal report only land is being valued.The remaining building improvements on this land do not provide any contributory value nor are they impacted by this project therefor the Cost and Income Approaches to value are not applicable. SITE VALUATION The method employed to value the site as if vacant and available for sale is the Sales Comparison Approach. An investigation of the market revealed several sales and listings indicative of what a well- informed buyer or seller would consider in forming an opinion of value. Four sales were chosen as being most appropriate to compare against the subject site.Descriptive data and photographs of these comparables are contained in the addenda. Adjustments _. All comparables differ somewhat from each other,and from the subject in various ways. The usual differences are for cash equivalency,market conditions,location,and a number of physical characteristics. Many of these factors, in varying degrees, are applicable in the appraisal of the subject property. When dissimilarities are found in comparable properties, they are adjusted for by adding to the comparable price when the dissimilar factor is inferior to the same factor found in the subject property. Likewise, a minus adjustment should be made when the comparable sale has a factor which is superior to that found in the J. Michael Jake, MAI, SRA HELENA, MONTANA 38 subject property. The sale properties, then, are adjusted to the subject property. However,in the market it is often difficult and sometimes impossible to accurately isolate a given factor. In short, one very seldom finds sales which are identical in all respects but one, and thus is able to prove conclusively the value, or lack of it, for any one factor due to a difference in sale price. Often, there are plus and minus factors which offset each other. Thus,the use of subjective judgment,to some degree, may be exercised. Nevertheless, the differences in values are real and adjustments based on as much fact as can be found,will be made. Then, the appraiser may call upon his experience to make subjective judgments. Property Rights Each of the sales involve fee simple property rights.As a result,no property rights adjustments were warranted. Financing: All Sales were cash to the seller or on terms considered cash equivalent, and no adjustments were required. Conditions of Sale: No non-market conditions motivating the buyer or seller involved in the transactions are known, therefore no adjustments are required. Expenditures Immediately After Sale: None of the sales required expenditures immediately after sale, and therefore no adjustments are required. If expenditures were verified they were typically associated with annexation into the city limits. J. Michael Joki, MAI, SRA HELENA, MONTANA 39 Market Conditions: A market conditions (time adjustment)is required to bring all comparable sale properties up to the effective date of the appraisal report which is January 16, 2016. Bozeman was experiencing significant decline in real estate values when the local and national recession was in affect. Since 2011 real estate values have rebounded in this market, and have become particularly strong since 2013,with new projects being developed again. Demand for unimproved land is outweighing its supply. 1 I will utilize four comparables in the following analysis with two sales closingin 2012,one sale closing in 2014, and one sale closing in 2015.Each of the developers, real estate agents and teal estate appraisers I interviewed in this market were of the opinion market conditions are improving and they are currently strong in Bozeman with more demand than supply of vacant land. The people I interviewed were consistently of 1 the opinion that value of unimproved sites, particularly those with a highest and best use for multi family, have conservatively appreciated 20% since 2013 and at least 30% since 2012. 1 To provide some support to the information given to me in the interviews I have completed a paired sales analysis of two sales I have in file that are best suited for multi family development.The fust property Jsold on February 11,2011 at$1.15/SF and the other sale sold on June 16,2014 at$1.95/SF. Both of these 1 sales are very similar in terms of there location and physical aspects,and making the assumption there would be no adjustment necessary for the difference in size,this paired sales analysis indicates values have increased 69.57% over the 40 months between these sales which equates to an appreciation rate of 1.74%per month or 20.87% per year. This at least provides some market data support for the information provided to me during my market interviews. Comparable #1 and #2 sold within 16 months of the effective date of this 1 appraisal report and in my opinion are indicative of current market value and will not be adjusted for market conditions.I will rely on the information I received during my interviews and will apply the aforementioned Iappreciation adjustments to comparable#3 and#4. 1 Remaining Adjustments: j The remaining adjustments will be explained in a qualitative analysis which is an effective technique that recognizes the inefficiencies of a real estate market and the difficulty in expressing the adjustments with J. Michael Joki, MAI, SRA HELENA, MONTANA 40 1 1 mathematical precision. The adjustments included in the qualitative analysis are location, size, access, topography, creek/wetland, city services and zoning. The land sales adjustment grid can be seen on the 1 following page. 1 j 1 1 1 I I I I J. Michael Joki, MAI, SRA HELENA, MONTANA 41 I i1 LAND SALE LOCATION MAP J. Michael Jolci, MAI, SRA HELENA, MONTANA 42 LAND SALE ADJUSTMENT GRID SUBJECT "SALE 1 SALE 2 SALE 3 SALE 4 Sale Price $2,000,000 $1,650,000 5800,000 $1,050,000 Size(Acre) 85.35 79.87 122.48 54.28 78.06 Price/Acre $25,041 $13,472 $14,738 $13,451 Date of Sale 7/24/14 12/1/15 10/1/12 11/20/12 Market Adjustment -0- -0- Plus 30% Plus 30% Adjusted Price $2,000,000 $1,650,000 $1,040,000 $1,365,000 Adjusted Price/Acre: $25,041 $13,472 S19,160 $17,487 Location N.7th/ Frontage SWC of Baxter Lane North end of Harper North of East Baxter, North side of Durston, Road,East of I-90 and Flanders Mill Rd. Pocket Road West side of Davis Lane East of Gooch I-Iill Comparability Slightly Inferior Inferior Slightly Inferior Slightly Inferior Size(Acre) 85.35 79.87 122.48 54.28 78.06 Comparability Similar Inferior Similar Similar Access`` Average Good Average Good Good Comparability,.. Superior Similar Superior Superior Topography Generally Level Level Level Level Level Comparability Similar Similar Similar Similar Mandeville Creek, Batter Creek, Baxter Creek Creek/ Wetland None None Wetland area wetland Area wetland area Comparability Superior Superior Inferior Inferior Available to eastern 25% City Services City water and sewer None City water and sewer City water and sewer of site Comparability. Similar Inferior Similar Similar Zoning M-2 Will annex into city at None R-3/R-4 SFR-Low Density closing Comparability Inferior Inferior Superior Similar Overall Comparability Superior Inferior Similar Similar to Slightly Inferior J.Michael Joki, MAI, SRA HELENA, MONTANA 43 1 1 1 Sales Analysis: The subjectproperty is an 85.35 acre site that is located at the northern fringe of the Bozeman city limits I where N.7th Ave.transitions into Frontage Road.Currently there is unimproved access from Wheat Avenue d and Flora Lane but even upon completion of these roads this will be a circuitous route to access the subject property. North 7th Ave. and Frontage Road are still the major traffic streets abutting the subject property but access from these roads will have to be significantly improved before it could be utilized for a higher density development. The subject property has limited Interstate 90 exposure. Even though the subject iproperty has M-2 zoning its interim use is agricultural. Mandeville Creek passes through the eastern 1/3 of this site which has created some low-lying land or wetland area. A city sewer transmission main serves the Ieastern 25% of the subject property but the western 75% currently has no server service. A city water main crosses thru the subject property next to the sewer transmission main but could only serve a portion of the Iproperty and a second feed would be required to develop the entire property. The Yellowstone Pipeline Company gas line easement passes through the subject property in an east/west direction which also creates some limitations to the future development of this property. Comparable No. 1 is a 79.87 acre site that sold on July 24,2014 at$2,000,000 or $25,041/acre.This sale does not require a market conditions adjustment. Comparable No. 1 is located at the western fringe of the Bozeman city limits which is considered to be a slightly inferior location when compared to the subject property. Comparable No. 1 has superior access and there are no wetland issues on this property.When this sale closed it was annexed into the city limits and adopted a zoning ordinance that allowed for public use. On Ian overall basis Comparable No. 1 is considered to be superior to the subject property. Comparable No. 2 is the recent sale of a 122.48 acre site that sold for$1,650,000 or $13,472/acre. This sale does not require a market conditions adjustment. Comparable No. 2 is located west of the Bozeman Icity limits which is considered to be an inferior location when compared to the subject property. Access to Comparable No. 2 is also rather circuitous and is considered to be similar to the subjects access. Comparable INo. 2 has a significant amount of I-90 frontage but is not close to an interchange.There are no wetland area issues on this comparable which is this sales only superior aspect when compared to the subject property. 9 I J. Michael Joki, MAL SRA Y! HELENA, MONTANA 3 44 i j Comparable No. 2 is a larger site than the subject property and it has no city services. Reportedly this is a j speculative development piece of land with plat approval for 177 residential lots that is good through 2017 and apparently this land is being held by the buyers and will not be developed immediately. Comparable No. 3 is the sale of a 54.28 acre site that sold on October 1, 2012 at $800,000 or $14,738/acre. The time adjusted price is $19,160/acre. This sale is located on the western fringe of the Bozeman city limits and is a slightly inferior location when compared to the subject property. Comparable No. 3 has good access from the west side of Davis Lane which is superior to the subjects access. Baxter Creek crosses through this site and it was estimated that 24 of the 54 acres, or 44%,is not developable because of a the wetland issues.This site is zoned R-3 and R-4 which has higher demand and higher density development 1 1 potential than the subjects M-2 zoning.City water and sewer service are adjacent to this site.When compared to the subject property Comparable No. 3 has slightly superior access and superior zoning: However Comparable No. 3 has a slightly inferior location and there is more land affected by wetland which allows for less land to be developed. Overall Comparable No. 3 is considered to be similar to the subject property. Comparable No. 4 is the sale of the 78.06 acre site that sold on November 20,2012 for$1,050,000 or $13,451/acre.The time adjusted price is$17,487/acre.Comparable No.4 is also located on the western fringe of the Bozeman city limits and as compared to the subject property is considered to be a slightly inferior location. Comparable No. 4 has slightly superior access from Durston Road. Baxter Creek crosses through most of this property and because of the setback requirements from the creek there will be challenges and potentially higher development costs will be realized when the site is developed. This site has a single family residential —low density zoning which is considered to be similar to the subject property.City water and sewer service are adjacent to this site. Comparable No. 4 has slightly superior access when compared to the subject property but it has a slightly inferior location and there appears to be more water issues on this property. _1 Overall this sale is considered to be similar or slightly inferior when compared to the subject property. The value indications derived from the comparables are reconciled into a single value indication by arranging the four comparables in an array relative to the subject. J. Michael Joki, MAI, SRA HELENA, MONTANA 45 BRACKETING THE SUBJECT PROPERTY Comparable Adjusted Price Overall Per Acre Comparability 1 $25,041 Superior I 3 $19,160 Similar Subject Property 4 $17,487 Slightly Inferior 2 $13,472 Inferior These comparables range in price from $13,472/acre to $25,041/acre with a median price of $18,790/acre.As shown in the chart above the most similar comparable is Comparable No. 3 which shows a price of $19,160/acre. I have given additional emphasis to comparable No. 1 and No. 2 because they are the most recent sales used in this analysis and also have many similarities when compared to the subject property. Considering this information it is my opinion the current market value of the subject site is $19,500/Acre. 85.35 acres x$19,500/acre = $1,664,325 $1,665,000 (R) J. Michael fold, MAI, SRA HELENA, MONTANA 46 ADDENDA J. Michael Jai, MAI, SRA HELENA, MONTANA N . r 2522521 2016 02:29:109. IIIIIIII(IIIIIIIIIIIIIII�IIIIN(IIIIinIIIIGIIrINIIInIli111PM Fee: 82M901111111119111N �c Right of Way Application No. 16720 Affecting a 60-foot strip through E2SW4, W2SE4, Sec. 36, Twp. IS. Rge. 5E Gallatin County, Montana EASEMENT N0. D-15258 RIGHT OF WAY DEED IN THE NAME AND-BY THE AUTHORITY OF THE STATE OF MONTANA TO ALL TO WHOM THESE PRESENTS SHALL COME: ` Than ye that the State of Montana (hereinafter referred to as "Grantor"), in consideration of the sum of Sixty Seven Thousand Seven Hundred Twenty Nine and No/100 Dollars ($67,729.00) , now paid, grants to City of Bozeman (hereinafter referred to as "Grantee") a right of way upon and across State lands. for a public access road, known as Wheat Drive, including utilities, as follows: A 60-foot strip through E2SW4, W2SE4, Section 36; Township 1S, Range 5E, Principal Meridian Montana, Gallatin County, Montana, as shown and depicted on the Exhibit attached hereto and made a ' part hereof and containing 3.76 acres, more or less. The grant of this easement is subject to the following conditions: The Grantee shall comply with the Montana Antiquities Act, Title 22, Chapter 3, MCA. In particular, Sections 22-3, Parts 4 and 8. It is also agreed that the Grantee shall comply with such rules or regulations as may be hereafter imposed by the State Board of Land Commissioners toinsurethat the environment will be adequately protected and the public health and safety not be endangered. The Grantee shall be responsible for controlling any noxious weeds introduced by Grantee's activity on State-owned land. The Grantee's methods of control must be reviewed by the, Grantor's Area Field Office that has jurisdiction for that locale. ( - The Grantee shall comply with the Montana County Noxious Weed Management Act, Section 7-22-2101 MCA, as follows: The Grantee shall notify the local weed board that is responsible for that geographical area that the projectis located in. If the Grantee disturbs vegetation for any reason, Grantee .shall be required to xevegetate the disturbed area. The Granteeshall submit to the local weed board a written plan specifying the methods to be used to accomplish revegetatien'. The plan must describe the time and method of seeding; fertilization, recommended plant species, use of weed-free seed, and the weed management procedures to be used. This plan is subject to approval by the local weed board, and therefore must be signed by the chairman of the board. It is further agreed by the Grantee that Grantee shall backfill, grade and revegetate all disturbed areas that are not part of the road 2522521 Page 2 of 4 08/24/2015 02:28:10 PM li surface to the satisfaction of the State. If the first seeding of compatible grass species does not germinate to the satisfaction of the Department, the Grantee may be required to reseed in those areas open to erosion and weeds. Upon termination of this easement, Grantee P, shall reclaim the entire area in accordance with this paragraph. �� Provided, further, that the right of way deed_ granted herein 'M shall be assignable by Grantee only with the written approval of the Director, Department of Natural Resources and Conservation. Provided, further, that permission must be obtained in writing, from the Director, Department of Natural Resources and Conservation, prior to the construction of any improvements on the right of way herein granted. Provided, however, that the right of way granted herein is not exclusive and Grantee shall not interfere with the Grantor and its I successors, assigns, lessees or other parties authorized to use State lands, in their right, at all times to go upon, cross and re-cross the land covered by said right of way and any road thereon, at any point, I fox any and all purposes in a manner that will not unreasonably interfere with the rights granted to the Grantee. Provided further that the Grantee agrees that•it shall indemnify and reimburse the State of Montana for all futureassessments made I upon Section 36, Township 1S; Range 5E, Gallatin County, pursuant to Title 7, Chapter, 12, MCA for the creation or maintenance of a rural improvement district or special improvement district. This condition shall apply only so long as the lands are held by the state or until waived in writing by the state. Provided further, the Grantee shall provide an "as built" survey upon completion of Wheat Drive. • Provided, that Grantor may.terminate this right of way for a ' material breach of anyofthe conditions or provisions of this deed. Before termination, the Board shall give Grantee written notice of intent to terminate and a reasonable period to cure the breach. It is further provided that whenever said lands herein granted as a right of way shall cease to be used for such purpose, the right of way shall terminate upon notice to that effect being given to the said grantee named herein. IN TBSTIMONY WHEREOF, the State.of Montana has caused these , presents to be executed by the Governor, and to be attested by the - • Secretary of State, and countersigned by the Director, Department of Natural Resources and Conservation, and the Great Seal of the State, and the Seal of theState Board f Lang Commissioners to be hereunto affixed this wet- -day of u t4 , A.D. 2015. • Governor of the State of Montana S ,. : .:0 .t � ..a;',,ai„sf�';',`'m' ;\{;i,'ATTEST: a ,{:;:r ..:, ' In /1,. .. .` A4 / `% 1i.y �.1 'J , % Secretary •,f .r.'' of State . ',• a fti,...• .. f !. • ,..:1 , r! . LF,.LA"`^ Countersigned by:. : ;j f .e %N; °' e eft. 14,1'' Director, Department of Natural Resources and Conservation • 2522521 Page 3 of 4 08/241201 5 02:28:10 PM • Accepted and Approved: r Yl.�V 9 - Applicant Printed Name • • • • 1 • 2522521 Page 4 of 4 08/24/2015 02:28:10 PM fm,� �»- �.,nmax i scam a _ ISErnae a —__ YW.t. " i I \•-•:FE oETAL2 ' 74 Sea ' 1 1 I '1nod f' l I I.—ser—. 30—J i I i 1• . 1 � I 1 Vi I 'I it ' EASEMENT DESCRIPTION 1 i PE 114 SW 1/4 A 60 toot*Ida panethetas old'vUnr easement 30' I!4 SF,/4 oil a de M the(Ma ne ama emldaaflfan Mb la Eo•ement Mea,1.11 Acre,1 I Nb Ethernet Area 079 Arras 'est,nt t04o, fvcho lasm ed M lengthened as • Rahohdm *89 Ana 1 1 Raemhden 59.21 Afros mama to poopd 0e nee ethanol enlab f n . Cabmmah0 at the South le mer of Salm 36. III 151 Nm1ma I Sato.Bony 5 fotool.MN 069011,aunty, . Thence Noah 08'5525•East a Olitanco of 196.08: I I M - I I Thna North 04'4224'Eoµa dhtma of 57.30 le Ne.' true poll of bpFnb9 of U4 nsmial.beF9 a palm N 002512 w the namedy RIO Poe'of Nandrale lanitllento NoeD b!' ]6268' 0'31'35•W.a dslmce of 300.15';Thna Wn9 9 longed ' l t &wirttew to Ne kit 11101 a coda of 300%a antra I 1 ante 011450')3,n the*learn,of]6i0'';hnee Nath 15-0'39•West,a distance ed 699.91:That.ding a _______ __ - �snuam:of 100221,an aft e la:tona` oiiaS3T'o' 1Mna Nettle 035'1 Weal v dy\eae of]6288;Thm'e. ' I 1 North TQ115'Weep n dhlnn of 601.12 Fat;NAACO I I J_ Ndlh 025'40'IN o diploma of Ott mere a'Ian b the R^500' pal of tnoNue of Nth easement sold pmt bag on U' eael-voW midsection Ifi'N 1004*elfin 30.ban SKIM A 15045, Na e enter 1/4 pante of sold sUm pa South 1105193'• lv>H.29' Ent.5.20 nal Cmldn Rfig 3.76 Acres mare or lose. SW L/4 3'1/41.6 F emnl Mo E Aon 1\ 0 - anohda:30.58 AUG 11,t STATE OF NaNTUM. SS COUNTY OF OALATN V I in SW 1/4 I t 0.4.__....N 16BIYS�9'W AtHANO H bung du1Y swan aye Thal he Is the RofmMtl G1oN<v • FaxMn1 NM:0.24 Mea 1 Once made M et Of dent a ear than hereon:Nal the d 1 vas Renende 34.]0 Mn Oy and a erately mrOK Phot 0e bnaaa 9 pIol.Naeof la Ne ad le and IMI It warty Monts Ne gosonlxy of fond dQUYM for Me \ M1l of way h ash fat)-sots Net da.Oool t lot old 0/m the amount I \I\ of land tenanting el nal pawn a d:M1 Man•owmment lot. 1 Suaaated and aaan b before me NN 8=do/of AK 2oYy 1 P�300' /fir<a��"/p'.,,�/s 1-.- Deb'36'8Y IN rey{yWle fou Ne b>1 Mmlme Ir78.19' RnWag at dot q ]�'ertrAry7.. ur 0amM9dm • Eads0-lOF/j 1 n=300' 1 x ooal' • 1 3WI3est W p�$.0111,1:1114/10% GP 111 Ap�o. • SWINICOWRR _- lt'. 4--.t Owe SEG N .•der]Ta lora ' .a DEM 1 i%••.� x•:i••:•Pd id 4;1011ttglie TRUE POINT OF BEGINNING . ic. • I \ N O'47'2f°-E gtl - ./ ," 57.33( I: r , 088'534211'-E /i ____ ,S 4 CORNER 196,05�.-• SECDON38 i ' DETAIL 1 ' __ N. •S. PROPOSED CITY OF BOZEMAN PUBLIC ACCESS & i EXHIBIT A ENGINEERING DEPARTMENT UTILITY EASEMENT • MARCH 2004 • 3 . , 2522520 CM1a lot to fHills-Galleti5 C2n0:10HI Fee: 52111€ IINIIIIIIIINIIIIIIIINIIIIINIIIIINNVIII`fIIIIIIIIIHi llIIIIIIIIfIIIIIIIIII • Right of Way Application No. 16719 Affecting a 60-foot strip through NE4SE4, Sec. 36, Twp. 1S, Rge. 5E peps Gallatin County, Montana EASEMENT NO. D-15257 RIGHT OF WAY DEED IN THE NAME AND BY THE AUTHORITY OF THE STATE OF MONTANA 1 1 TO ALL TO WHOM THESE PRESENTS SHALL COME: Hnow ye that the State of Montana (hereinafter referred to as "Grantor") , in consideration of the sum 'of Twenty Seven Thousand Twenty and No/100 Dollars (07,0120.00h now paid, grants to City of Bozeman (hereinafter referred to as "Grantee") a right of way upon and across State lands for a public access road known as Flora Lane, including utilities, as follows: • A 60-foot strip through NE4SE4, Section 36, Township 1S, Range 5E, Principal Meridian Montana, Gallatin County, Montana, as shown and depicted on the Exhibit attached hereto and made a part hereof and containing 1.5 'acres, more or less. The grant- of this easement is subject to the following conditions: The Grantee shall comply with the Montana Antiquities Act, Title 22, Chapter 3, MCA. In particular, Sections 22-3, Parts 4 and B. It is also agreed that the Grantee shall comply with such rules or regulations as may be hereafter imposed by the State Board of Land Commissioners to insure that the environment Will be adequately protected and the public health and safety not be endangered. The Grantee shall be responsible for controlling any noxious weeds introduced by Grantee's activity on State-owned land. The Grantee's methods of control must be reviewed by the Grantor's Area Field Office that has jurisdiction for that locale. The Grantee shall comply with the Montana County Noxious Weed Management Act; Section 7-22-2101 MCA, as follows: The Grantee shall notify the local weed board- that is responsible for that geographical area that the project is located in. If the Grantee disturbs vegetation for any reason, Grantee shall be required to revegetate the disturbed area. The Grantee shall submit to the local weed board a written plan specifying the•methods to beused to accomplish revegetation. The plan must describe the time and method of seeding; fertilization, recommended plant species, use of weed-free seed, and the weed management procedures to be used. This plan is subject to approval by the local weed board, and therefore must be signed by the chairman of the board. It is further agreed by the Grantee that Grantee shall backfill, grade and revegetate all disturbed areas that are not part of the road surface to the satisfaction of the State. If the first seeding of 'CO22b2U Page 2 Ot 4 03/244201b U2:23:10 FM 1 compatible grass species does not germinate to the satisfaction of the ! Department, the Grantee may be required to reseed in those areas open to erosion and weeds. Upon termination of this easement, Grantee shall reclaim the entire area in accordance with this paragraph. Provided, further, that the right of way deed granted herein 11 shall be assignable by Grantee only with the written approval of the 'i Director, Department of Natural Resources and Conservation. Provided, further, that permission must be obtained in writing, from the Director, Department of Natural Resources and Conservation, V� prior to the construction of any improvements on the right of way herein granted. . . Provided, however, .that the right of way granted herein is not exclusive and Grantee shall not interfere with the Grantor and its Isuccessors, assigns, lessees or other parties authorized to use State yN lands, in their right, at all times to go upon, cross and re-cross the ' land covered by said right of way and any road thereon, at any point, for any and all purposes in a manner that will not unreasonably interfere with the rights granted to the Grantee. 8 Provided further that the Grantee agrees that it shall indemnify N and reimburse the State of Montana for' all future assessments made upon Section 36, Township 15, Range 5E, Gallatin County, pursuant to 1 Title 7, Chapter, 12, MCA for the creation or maintenance of a rural I improvement district or special improvement district. This condition shall apply only so long as the lands are held by the state or until waived in writing by the state. Provided further, the Grantee shall provide an "as built" survey 1 upon completion of Flora Lane. Provided, that Grantor may terminate this right of way for a material breach of any of the conditions or provisions of this 'deed. 1 Before termination, the Board shall give Grantee written notice of intent to terminate and a reasonable period to cure the breach. It is further provided that whenever said lands herein granted as a right of way shall cease to be used for such purpose, the right of way shall terminate upon notice to that effect being given to the said grantee named herein. 9 - IN TESTIMONY WHEREOF, the State of Montana has caused these presents to be executed by the Governor, and'td be attested by the Secretary of State, and countersigned by the Director, Department of 1 Natural Resources and Conservation, and the Great Seal of the State,and the Seal of the State Board Land Commissioners to be hereunto affixed this t u W day of v tT,ttr , A.D. 2015. .'•' ' \:. ; :ift';. 1 Governor of the State of Montana Ii• `• .'I 1 y ,�" I ATTEST: It [.;: � 0 d. ;; Secretary of State 6i l.A/'D Countersigned by: «� t 11 c. ' ' • • ; ' Director, Department of Natural ''p '•, ',.;.`�•,;, ',. Resources and Conservation 2522520 Page 3 of 4 08/24/2015 02:28:10 PM II4 Accepted and Approved:((//gJgJ�� t' a Applicant Printed Name • • • • • • • • • • • i . I, j1 2 22b2U Page 4 Of 4 UM/24/2U1 S U2:2d:1 U FM IEASEMENT DESCRIPTION I • • • i A 60 foot wide public access and utility easement 30' I either side of the following centerline description with the easement sidelines foreshortened and lengthened as necessary to parallel The new easement centerline: "=a00' \9 Commencing at the Northwest corner of lot 6 of the Qin; Gordon Mandeville Slate School Section Subdivision, Located i yy in Section 36, Township 1 South, Range 5 East of the Montana Principal Meridian, in the County of Goliath, State of Montana: • Thence North 89'42'00' West, a distance of 30.00'; { \•C' . Thence North 00'18'00" East, o.distance of 160.00' to the 0.0.5. 2163. '4'\ true point of beginning of this easement, being a point on 9q TRACT a-A the northerly right of way line off Flora Lane; Thence North 28.380 Acres 018'00" East a distance of 1088.7' more or less to the terminus of this Easement at the intersection with the southern property boundary of Tract 4-A of Certificate of /.I \ Survey No. 2153, Situated In the Section 36, 7.1.S., R.5.E., \\ P.M.M„ Gallatin County, Montana. I I \ Containing' 1.50 Acres more or less. POINTOF III i TERMINUS i NG NcHNiO H1XSON,being duly sworn says: That hely the Pro(esslond Engineer • who made the plat of the right of way ehown hereon; that the plat was correctly and accurately made; that thetracing or plat thereof le true and I accurate and that It correctly shows the quantity of land required for the I right of way In each forty-acre tract or government lot and also the amount I of land remaining In each portion of such for,tt�yy(-once tract or government lot. S,becribed and swore to before me this Z'`day of re 220/N PROPOSED U --- w SO'PUBLIC ACCESS $UTILITY EASEMENT , ` N00°18'00.00"E_Ad . . 1088.7 III _ B 1 POINT OF BEGINNING I I I STALE CF MONTANA ) I )s . C ,. . CALLA7IN ) • .Helene GrenInger NO0e 18'00.00"E .. r 1°r r et s s..$ = t�` Notary Public i 160.0I ,'ya1••oommi'(.`,a,for the Stela.of Mon N89°42'00.00"W .SEAL, "" Residing en IMYfGTI"!! , Yz Ebzemen,Montana tale sly I %.:t:'• P ' My Commission opkanArthry.Public for the State of Montane • 30.0 ?a7,,,,ue Marcs 26,2016 VII 47 p —ReeldiAg at R' SZgMwM a' }¢ My Commission Espiret 63/2672.01C,r Into t2' Yt la `ittt" x 0 I gs ' 2 Let • Lel 11 (n-. N00°18'00.00"E a W u I PROPOSED PUBLIC ACCESS DATE:5/23/14 THE CITY OF BOZEMAN EYEpq,: �5 & UTILITY EASEMENT PROTEC1 DRAWN T .: • m''e"'""r'°'°�'"° A C PROIBCS Na.: YOIDW,EMiWI Win-uta emm(sae)vas-mats-.VAX:Doe)em-sea rs'' G lLLYTIN COPNTY, MONTANA t adH f 27O7 , H. d, 9tl-9 Ob T.he tle etA3A raOlPrp HaititiAY aro 0R7Alo a in headia oarpoxat;on, ip 4a; CppaidarW Ifo fl' kha favi od ed, dollen (141:a r dealt in roin pond She Xdodipt hiiiv is, id LecoBqq eakn>fvtt ofd, 1Vd d'f tin ags aOta¢£o haxo;n dottadntddaov haveghexe to tilt 0d to oP tar,atlm, in rt% dtata ti db. . ,.. .pb4iala6ibh itupf on•ho`eiP.limited td Oho tae a pp-in rbad for pc) oilier dni',T000 tfi p41' ;One q. the tcrentar'9 right 9>' #?y iR ad1$0ewity ma atat'd, dea&rlbed an �F fo1oY1b tVRi d d¢r'7.pq oyf 1¢n4 glxty,(66) foot p'idd 3n The•9nntha@et quartos• gd0.thdad4 tar (at+* ), of 6eetion Tgopt9 f3,ve (251, g(rth `bolt Rd 4hnaat 4tw vas (1( • �)r donthgnit tont or ilorthwsat 0a4-top 1@%d it) touthneh' q¢{�ail. )Tb�thollot I�udrtex tee }} and.$oHthwgot 4aetar gnuf:.hgnat QtiAttek ,t, (Nil�1 ) bf 4 F(tigg T.tttsy d, ( t:)), raanthtp ane (1= B3uty ttgdgp Pi$tt 5) h if vis.. alizafn=kknolloipo1 118r(diBSt tha oan$er lifia of OOddb 1e dotOg ed Art a. - C. is gggddB-4i tfa9 Sta 3t eontrt &Hgginning at )it o�t an tha aaat line of t8d horth+ 1. • WO/quddtas 9oi4Iivaat tbta&tar (out hu,') n,te3'4 the d"em@ ;a (ntaot@oted bra 1'iva, ,fir dpyt.# pakflle] to find nitron. oat hnndtad nu'o (:i6$)main tkathnoatU1 y Ft{on; eamli at•zii angldtba•Pthe OM beritaF 1}.na er the main tae 4 a$ Oil.nbrtheru t I ie41fda•#ailslay $pati st tha nets oe toit dondtrnoted and 4116YQ£dd thbnir , (. lld.Nthtakere'8Xi�1*f; bdg r4 aialldl 41ek ib•6 $Ut in (ha 11or tuneat Anitbk ' ga 'thwii%i gyaaflr (1 \ft of said gaotiof till it Mir '436)1 tWWrcaa ing Vo g gi 4hn ri it eA ,_dart t d:-omitb' iine.of mala a'*it a palm{};fthxbd ( 3) C .1'eel Slt'h'bpn* n1r Uo 0H4.>Sa3ti 111to'of aatdios'thhtreof moth ox 1101htott, - f ppaftt ( aR") gLan dta9pza¢ along said apntbt ii td of Warn:V4011._. { 4ftppraimgt Or to 0.aaoriptldsi .r Xi, ) : For n gtoku mii4444::dgaeiyyqq nr bao eaplenatof7 hoxnY, ia.plx04E iA - yy to bh8 iiikOO1liatrb yn haseby pda.a VbrtftWiii$adiihbga ia7j5'dkdd•xad he gtYApi & dirt 40.0 70 $;.. . r7 . 1(41.¢yantae ttia7p1ePat ran( to any pbteoh or 4r&RkAY parnlbolb a yQa .o&te(4.0 n d.yfq`talloipoth4ft At the ab5frgaqtYid Y1ght biifgqyy andtiMi xbaewvb .td ; adZf M o r t(ht oerelj quo , p& mfte rO I a 014'1.10 trt-tl .laotaa oh pat tat�r $e with t_o ono 1 Lt tilt 1flan:nd Yf public lmveli a�$!= ig two event that file grei;toS n(i l find that the riga£ pi ttayp 0 ' ( Wily fort %ifkf bf vita oaa bf'hMeh,Sn hose@➢ routed VW be;reCn;sod YQt 15ii.Ft0d hhdA' ease, A d.(�re or Alll SVa to 11V ifxhtithb M% eon rib1df4 0 ,_ ;g ' f,,tp,`intab?fid to•rdnpa.pta.ceuo rem. {Q'trlld Xb. tatdbtttb the hi bnup nit asa . s' 1op,etIdn Wag jai o6nditia4 ea it bbe at tae king•af•tfn,�ing Soamegalelttt rug .1 Fz, iiiddd thgl 4 Pitt-o3ght'of'nay thete£or, la furd,t]Od by the dodot3 os 9tAte. ' - {t • I rated thie 1)ta day of 0.brobdxt '1�Zp. tL. !! lgltnetot'as )1,2.4'n tlpnnQ k :VIOL p T�MVgii P•ni.p9.4N'Pr, tl d 1341n, 7M&Yete flat$. i4. ..q t .9*- ii ;E'a1a✓ Asti&boat, itecxntpry .I ,M (.ddipb(IAlt,eo& ) • .EiIMI' dr i(4A1t7<5OTA • aa, r't, 09u4.£1'At fl$1EI iY1 • • . 4 On ibio 19th Any bf Oetoh$j'in the yaex 11.05 pefasa.tae $ in Tilloi • - a.rtb£2‘i3 VAbl-&A, poraonallp a peapO4.4 W Hann, 'to me iRokn to bb tl§ ion p iitfdant at The gertltoru 1°4911 0 Hannay rAtnin9 We oorpArpp ton xbiPL•bxa'4iltad i . the tot&�oodllgI ShatTunontr *ho befog fitly morn did ea , thttffla nu s af.45Sep. ) , $a tad 1jietliant, iA the'bdrtfos $b.(Oil-bd fail,oorpgx}t .tong and tl{R'E 4ni4x, iq'�4 ed r'b'.b.gba4 end n01Qmd,`i behalf of polo Pbtpttatlo ,bt anthotoc.he vl It's iarf aid at $SteO$Wm kid:t&Q R& ".4.-.WL Anna a0(111Plddgod as%d'Sid 11me4- 1 tb`up vii ffl AA 400 )11144 af, agid.oorFoxbtiot . •B Ia' r .. • - litter} p. ria gfneopAn.ect 7ipry_ ' (.c.Or 7th 0%.44elbne,01Petn,v t6, 9z.9 • ,dl. i$jt4d!- os:'ne®r4.ootoba2 a9th. 19o. ,it 1,00tr.fatItat:ti, it • qy. ;9dda:,*.,0 4 daSty c '1 OrPrria, Re09XdO• • __ • , . • ?i: - • .. .. ' i • - 11191111111111111911It Itki1111tIll 1111111II III 0Page: 1 of 2 7/29/2003 01:60P G E Shelley Venoe-GaLlatln Co fit 05E0 12.00 WARRANTY DEED THIS INDENTURE is made and entered into on the 1 day of 2003,by and between JOHN M.MANDEVILLE and DONNA R.MANDEVILLE, 1121 Mandeville Lane, Bozeman, MT 59715, Grantors, and CITY OF BOZEMAN of 411 East Main,Bozeman, MT 59715, Grantee. • ji WITNESSETH: That the Grantors do by these presents grant,bargain,sell,convey, warrant, and confirm unto the Grantee, and to its successors and assigns, forever, that certain real properly, situated in the County of Gallatin; State of Montana, particularly. described as follows: TRACT 14,TRACT 3-A AND TRACT 4-A OF CERTIFICATE OF SURVEY NO. 2153,SITUATED IN THE NW1/4 OF SECTION 36,TOWNSHIP 1 SOUTH,RANGE 5 EAST, P.M.M., GALLATIN COUNTY, MONTANA, ACCORDING TO THE OFFICIAL PLAT THEREOF ON FILE AND OF RECORD IN THE OFFICE OF THE COUNTY CLERK AND RECORDER OF GALLATIN COUNTY;MONTANA. TOGETHER WITH ail tenements,hereditaments,and appurtenances thereunto belonging or in anyway appertaining. I w THIS CONVEYANCE IS SUBJECT TO THE FOLLOWING: u (a) Real property taxes and assessments for 2003, and realproperty taxes and assessments for all subsequent years; -L. (b) Easements for utilities,ditches, streams, canals, or roads as they may be located over, along, and across the subject property, now of record or apparent from physical examination and Inspection of the premises; - • II (c) All outstanding interests and reservations pertaining to oil, gas, coal, and other minerals reserved or conveyed by Grantors'predecessors in title,if any; (d) Federal,state,and local laws and regulations,including zoning, building, and land 3 tl use regulations affecting the premises, if any; • (e) Matters shown on Certificate of Survey Nos. 939, 1723 and 2153; (f) Relinquishment of access to State Highway,and of light,view and air by deed to the State of Montana, recorded February 6, 1964, Book 144 of Deeds, page 583, official • ! ' • records; (g) Terms and Conditions of the Waiver of Annexation; recorded May 29, 1980, Film • 56, Page 1020,official records; • (h) Terms and conditions of the State of Montana Department of Health and Environmental Sciences Certificate of Subdivision Plat Approval, recorded October 31, 1980, Film 59, page 495, official records; (i) Designation of a controlled groundwater area by Department of Natural Resources recorded July 27, 1998 in Film 187,page 2329, official records; (j) Memorandum of Lease with Option,dated May 15,2000,by and between,John M. Mandeville and Donna R.Mandeville,as Lessor,and WWC Holding Co., Inc.,as Lessee, H:\63090\001\SK5424.WPD Warranty Deed-Page 1 Shelley III!&IIINII 11 ,I1111IIIIiln Co HT �lllii;i /211E0 12.00 7281 recorded October 15,2001,as Document No.2050420, official records,and on the terms and conditions contained therein and an unrecorded lease referred to therein; (k) Statement of covenants and the conditions and provisions set forth therein, recorded January 9,2001, as Document No.2028101, official records; a (I) . The terms,conditions and provisions as contained in the Agreement entitled"W Pipeline and Access Easement and alar Agreementbetween John M. Donna Ft.Mandeville,and City of Bozeman,dated Junetl 3 ,2001,recorded April 17,20and 02, s as.Document No.2066505,official records; I (m) Lack of means of ingress and egress to a public road due to the location of a railroad right-of-way between the subject property and a public land;.and I (n) Access and utility easement over Tract 1-A of Certificate of Survey No.2153 dated T 1Y 2a 2003,and recorded as Document Na 2117275 of the official I records of Gallatin County, Montana. • r I TO HAVE AND TO HOLD, all and singular, the above described premises unto Grantee,and to its successors and assigns FOREVER. I And the Grantors do hereby covenant that they warrant and defend all right, title, and Interest. in and to the said premises and to quiet and peaceable possession thereof, unto the Grantee and its successors and assigns, against the acts and deeds of the Grantors,and all and every person or persons,whomsoever, lawfully claiming or to claim the same. IN WITNESS WHEREOF the•Grantors have executed this instrument the day and year first 1 hereinabove written, • • OHN M.MAN!EVILL — t– X7E 121 DONNA R. MANDEVILLE STATE OF MONTANA ) :ss. COUNTY OF GALLATIN • On this a"'`day ofn • , __ 2003,before me,the undersigned officer, personally appeared John .Mand ille and Donna R.Mandeville,.known to me to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same for the purposes therein contained. IN WITNESS WHEREOF,I have hereunto set my hand and official seal the day and 1 year in thNiio ument first above written. [S ALjh0TAR/4/. _ Notary u. or the State of Montana • Print Name:__ cT.•c <?.)-, Residing at °.,9Fp"Mtornai 'uF• ,, My Commission Expires: 1. , 2:,410,7 = of Montana S GailD.Huls- lic for Ih t�"�S0uA\00t\SK6424,WPD Notary PInntzte. -. Residing at Comma &lagan= My Commission x TiLWIMI d�26Dfie 2 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIillllll 21917232 gg Shelley Vahee-Gall,lln Co MT DECO 12.00 it WARRANTY DEED ITHIS INDENTURE is made and entered into on the , 1 day of IIA y , 2003, by and between CRAIG A. MANDEVILLE and CONNIE J. . MANDEVIL'LE, of 1225 Red Wing Drive, Bozeman, MT 59718,Grantors, and CITY OF BOZEMAN of 411 East Main, Bozeman, MT 59715, Grantee. • WITNESSETH: That the Grantors do by these presents grant,bargain,sell,convey, warrant, and confirm unto the Grantee, and to its successors and assigns, forever, that certain real property, situated in the County of Gallatin, State of Montana, particularly described as follows: TRACT 2-A OF DERTIFICATE OF SURVEY NO.2153,SITUATED IN THE N W% , OF SECTION 36,TOWNSHIP 1 SOUTH, RANGE 5 EAST, P.M.M.,GALLATIN COUNTY, MONTANA, ACCORDING TO THE OFFICIAL PLAT THEREOF ON FILE AND OF RECORD IN THE OFFICE OF THE COUNTY CLERK AND RECORDER OF GALLATIN COUNTY,MONTANA. TOGETHER WITH all tenements,hereditaments,and appurtenances thereunto belonging • or in anyway appertaining. THIS CONVEYANCE IS SUBJECT TO THE FOLLOWING: '1; (a) Real properly taxes and assessments for 2003, and real property taxes and assessments for all subsequent years; yf, (b) Easements for utilities, ditches, streams,canals, trails, or roads as they may be . located over, along, and across the subject property, now of record or apparent from • physicalexaminationand inspection of the premises; (c) All outstanding interests and reservations pertaining to oil, gas, coal, and other minerals reserved or convoyed by Grantors'predecessors in title, if any; • (d) Federal,.state, and local laws and regulations, including zoning, building, and land use regulations affecting the premises, if any; (e) Matters shown on Certificate of Survey.Nos. 939, 1723 and 2153; • (f) Terms and Conditions of the Waiver of Annexation, recorded May 29, 1980, Film 56, page 1020, official records; • (g) Terms and Conditions of the State of Montana Department of Health and • Environmental Sciences Certificate of Subdivision Plat Approval, recorded October 31, 1980, Film 53,page 495, official records; (h) Designation of a controlled groundwater area by Department of Natural Resources recorded July 27, 1998 in Film 187,page 2329, official records; (i) Lack of means of ingress and egress to a public road due to the location of a railroad right-of-way between the subject property and a public land;and • (j) Grantors shall be entitled to retain possession of said premises until May 15, 2004, at no cost or rent due from the Grantors to the Grantee. H:Ui3090100115K5423.WPo Warranty Deed-Page 1 1111111111111111111 ll l llllllillllllllllllll l .aQ/� 282sr ss Shelley Vasco-Gallatin Co MT DEED 12.00 fi it TO HAVE AND TO HOLD, all and singular, the above described premises unto it Grantee, and to its successors and assigns FOREVER. And the Grantors do hereby covenant that they warrant and defend all right, title; and interest in and to the said premises and to quiet and peaceable possession thereof, unto the Grantee and its successors and assigns,against the acts and deeds of the Grantors, and all and every person or persons,whomsoever, lawfully claiming or to claim the same. IN WITNESS WHEREOF the Grantors have executed this instrument the day and year first hereinabove written. • er CRAIG A. MANDEVILLE Y II {pp III N (492/'.'�z/ir�,{I� `f.4i7•2nie; 7 , CONNIE J. ANDEVILLE STATE OF MONTANA ) :ss. COUNTY OF GALLATIN • ) On this ) .day of SA. ,2003,before me,the undersigned officer, personally appeared Craig A.M&hdeville and Connie J.Mandeville,known to me to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same for the purposes therein contained. IN WITNESS WHEREOF,I have hereunto set my hand and official seal the day and year in this Instrument first above written. • w .D PPE).• (• 'o, Notary Puor the State of Montana 0TA 'N ` Print Name: N Rrq ` Residing at: %w S A *c My Commission Expires: • •. oF640VCC tl Gail D.Huls • • Notary Public for the State of Montana Residing at Bozeman,Montana. My commission Expires July 20 2006 • • • 61530901001\SK5423.WPD Warranty Deed.Page 2 _1 • -PL MANDEVILLE SUBDIVISION TRACTS 1q,2A,3A4A OF COS 2153 � " LOCATEpIN THENW 9f4&NE 1/30FSECTION 36,TOWNSHIP?SOUTH, OF c � OrWoyo-. PRINOIPLEMERIOIAN MONTANA,CfIy OFBO �,, A, R E 5 EAST. '�6cFNo '. �V `, �� V 'w, +..Nxo:.wwswu.i.muwm we.muue AreN.G.+,.wAxm.,x,uxemTIN i. NTY;MONTANA .°. n ' � o . orz°„.„°.a PDOICOOD VE s nom' 3 m ..mNw . u4 °`va s rK• f mr .° �.. �..S max,x„s.� nTh . wmm°a.°xm.,,a l o y "vm mnn c,.vr At to 1 \ > r` °:� `m°" o®.rm"as"-nram r,r,L"..m. - uosemuw 1 �� y �;e" y'' m ,a" .�:"n`n' ..omon,.+,n-.m "4"----r--------:_.11-1:----------T1 .umw,.HW.„ V V. �[ ♦♦ F� au^ j 50Y°°""2�wuTM� :"t 4sa.`E„ .mm'^"-."r.�.,^�'w. �I-�"��_ mo.orzo�anaou. PU 44 .. 0. FO C.I.IING FIIIIIROPTIZ "T % »fi f��a \ la s W a•k. ±'EJ: :LT: _c,„,`s '„=w".'«" ` y I- ^, v.` �"', ,�.' <. ' 4 ` "'•uf e ............ ;°°5b"� c:� a= i• a, , ' . CYC .,L . \-'' S i/ �' \ dam', VL 1\4 � �d '�� �' r�- 1 `� -" 42iZor' Z. a i umJ xmawum '� \la' V fn •_` ;\ c nO C PrOPosEeNscr gG� �: . isS.. \ bSruro Dec, tt :d a2 ) r \ f kA:.. � IpP � w s°® ° IlLQ'S ILI .„�„ >/ a`* O <2 V. gN s ✓ �wmm ,----..> / fi , 1 ' �d i°"F°w°°m.xp r�, / F%' yiZF > maR E OT : wUd J mu \SlC- �-5ry„' io- I '+ ,r ru w »vY ,i.c° sm un asoma 3 s elka R . ,, 1D-. = IM 3 a • 4' - ♦ w" "o a✓� r/ sA°pe CnewT C(via co ♦ '� TF // su6fitua it M+w 4w 70a 1 -I/iyl➢"9Y CASTOPWX� " M•+,`-- t ,1 2 0F2 AGRICULTURAL LEASE THIS AGREEMENT,made and entered into this day of between the CITY OF BOZEMAN, a municipal corporation located at 121 North Rouse Avenue, Bozeman,Montana 59715,hereinafter referred to as LESSOR, and BILL TATARKA, of 19 Lake Road,Bozeman, Montana 59718 hereinafter referred to as LESSEE. WITNESSETH: 1. Premises Leased:' For and in consideration of the rents to be paid and the covenants to be performed by Lessee as hereinafter set forth, Lessor does hereby demise,lease and let unto Lessee those certain lots,pieces or parcels of real property situated, lying and being in the County of Gallatin, State of Montana, and more particularly described as follows: Tract 1-A, Tract 2-A, Tract 3-A and Tract 4-A of Certificate of Survey No. 2153, situated in the NW 1!4 of Section 36,Township 1 South,Range 5 East,P.M.M, Gallatin County,Montana, excepting the homestead and cell tower area. The grain bin, corrals and the steel sided shop building are available for Lessee's use. 2. Tenn: To have and to hold said premises se s according to the provisions ons hereof fora period g offifteen(15)months from and after January 1, 2014, and unless terminated upon notice in writing given by either party to the other not less than sixty(60) days prior to the end of the initial tern or any annual extension thereof, unless sooner terminated as herein provided. This lease and all terrus therein, will be transferred along with the property when sold. 3. Consideration: 1. Lessee shall pay to the Lessor, as rental for the demised premises, a cash amount equal to 25% of the value of any crop harvested from the premises, based on market prices at the time said crop is harvested, for each year that this Lease remains in full force and effect. If chemicals are used to control weeds in the grazing pasture, the Lessor will reimburse the Lessee for the cost of the chemicals,in an amount not to exceed$200 annually.'Payment shall be made to Lessor on January 1 at Lessor's office located at 121 North Rouse i, ---! Avenue, Bozeman,Montana 59715, or mailed to: City of Bozeman,P.O. Box 1230, Bozeman, Montana 59771. 4. Repairs and Improvements: Lessee agrees to protect all improvements upon said premises and to keep the same in as good condition and state of repair as the same shall be at the time this Lease is executed, with reasonable wear, tear and damage by the elements excepted. 5. Use of Premises: Tatarka—Mandeville Farm Lease Page 1 of I Lessee agrees to utilize said premises in a good fanner-like rummer and according to the ordinary methods of husbandry employed in the area and to commit no waste upon the property. Lessee agrees that he will not use, or permit to be used, any part of said premises for any other purpose than normal fanning purposes without the prior written consent of the Lessor. Lessee further agrees to conduct his activities in compliance with all State or County laws and regulations regarding the control of noxious weeds. 6. No Assignment or Sublease: Lessee agrees that he will not assign this Lease,nor will he sublet the premises, or any part thereof;without the prior written consent of the Lessor. • { 7. Surrender of Premises to Lessor: Lessee further agrees that at the termination of this Lease, whether by expiration of its term, by default or as otherwise provided herein,he will immediately surrender possession of said premises to Lessor with the improvements thereon in as good condition and state of repair as the same now are,with reasonable wear, tear and damage from the elements alone excepted. 8. Lessor's Right to.Terminate: Lessor hereby reserves,and Lessee grants to Lessor, the right to terminate this Lease at any time upon sixty(60)days' written notice;provided,however, that if the Lessee has seeded and fertilized the premises and said sixty(60) days run prior to grain harvest or first cutting, this Lease shall be extended until the harvest or first cutting has been completed. 9. •Notice to Lessee: Notice may be given by Lessor to Lessee by mailing the same to Lessee at the address provided herein. Notice shall be deemed delivered when the notice is deposited with the United States Post Office, first class postage,prepaid, addressed to the following: Bill Tatarka, 19 Lake Rd,Bozeman, Montana 59718. 10. Defaults: Should Lessee default in the payment of any rental, or otherwise default in the performance of any term or condition of this agreement, Lessor may immediately re-enter and re-take possession of the premises, or any part thereof, without notice and without/the necessity of resorting to any legal action whatsoever, without such re-entry working a forfeiture of the rents to be paid, or at its option,Lessor may cancel this lease and re-enter and re-take possession. 11. Access: There is further reserved unto the Lessor,its successors and assigns, the right of access and entry upon the lands to make field inspections, examinations, soil tests, and other evaluations in connection with a determination of the highest and best use of the lands herein leased. Should any such testing be disruptive of planted crops, Lessee will be notified and fairly Tatarka-Mandeville Farm Lease Page 2 of 5 compensated for damaged crop. 12. Hold Harmless: Lessor shall not be liable in any manner to the Lessee, or to any other party or parties, for any loss, cost, damage or injury arising out of or in any manner connected with the use of said leased premises, or any part thereof, or arising out of or in any manner connected with the condition thereof or the previous maintenance thereof. Lessee shall indemnify and hold Lessor harmless from any and all injury, cost,loss, liability, expense or damage, or claim thereof, including reasonable attorney's fees. 13. Anti-Discrimination: • Lessee agrees not to discriminate in the fulfillment of this agreement on the basis of race, color, religion, creed, sex, age,marital status,national origin, or actual or perceived sexual orientation,gender identity or disability. 14. Miscellaneous Covenants and Provisions: a. Lessee agrees that he will not use or permit the use of the demised premises contrary to any valid laws of the State of Montana or ordinance of the County of Gallatin or City of Bozeman and will save Lessor harmless from any and all claims for damages which may be sustained by reason of anything which may occur upon said premises or arise from the use or occupancy thereof by the Lessee. • b. The covenants and conditions of this Lease shall be deemed continuing and any-forbearance by Lessor to enforce forfeiture on the occasion of one'or more breaches thereof shall not be construed as a waiver of the right to enforce such forfeiture on any subsequent breach. C. It is mutually agreed and understood that in the event either party hereto shall bring any legal action against the other to.enforce any right or obligation based upon this Lease, the successful party in such legal action shall be entitled to recover in such action a judgment for all costs and expenses of any kind and nature whatsoever incident to the prosecution or defense of such action or the preparation thereof;including reasonable attorney's fees. d. It is mutually understood and agreed that time shall be of the essence of this agreement and that the terms hereof shall bind the heirs,personal representatives,successors and assigns of the parties hereto, but nothing in this paragraph shall be construed as a consent by the Lessor to any assignment of this Lease, or any interestftherein by the:Lessee, except as provided in paragraph 6 of this Lease. • e. It is mutually understood and agreed that all prior understandings of the parties, either written or oral, are merged herein and this document constitutes the entire understanding of the parties. IN WITNESS WHEREOF,the parties hereto have set their hands and seal the day and year first above written. Tatarka—Mandeville Farm Lease Page 3 of S LESSOR: CITY OF BOZEMAN By: Chris A.Kulmiski City Manager A 11 EST: Stacy Ulman City Clerk LESSEE: Bill Tatarka STATE OF MONTANA ) )ss. County of Gallatin ) On this day of 2013, before me, the undersigned a Notary Public for the State of Montana,personally appeared known to me to be the person whose name is subscribed to within of the aforementioned agreement and the person whose name is subscribed to within the instrument and acknowledged to me that he/she executed the same. - IN WITNESS WHEREOF,I have hereunto set my hand and affixed my Notarial Seal the day and year first above written. (SEAL) Notary Public for the State of Montana, residing at My commission expires STATE OF MONTANA ) )ss. County of Gallatin ) On this day of , 2013, before me, the undersigned, Tatarka—Mandeville Farm Lease Page 4 of 5 a Notary Public for the State of Montana,personally appeared , lcnown to me be the ersons whose to the within instrument and aclmowledged to me hatto they execs ted the ame names) are subscribed "r• IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and year first above written. (SEAL) Notary Public for the State of Montana residing at My commission expires • : 9 I Tatarka—Mandeville Fat in Lease Page 5 of 5 City of %i ozeman-City Clerk P.O. Box 1230 Bozeman, MT 5977 h 1230 • 2375124 CharlottefMills It/12/2610 Count.. PIT Fee. $ZMISC IIIIIIII IIIIIIihIIII!I/l/il1111111IIIIIIllIllllJill!1/11111iliilllll111Iilli UTILITY EASEMENT jr City of Bozeman,a municipal corporation of the State of Montana, with offices at 121 North Rouse Avenue, Bozeman, Montana 59715GRANTOR, grants to the public, a perpetual utility easement for the use of each and every person,firm or corporation, whether public or private, providing or offering to provide telephone, electric power, gas,internes, cable television or other similar utility or service, the right to the joint use of an easement for the construction, maintenance, repair,and removal of their lines and other facilities,in, through, and across a strip of land situated in Gallatin County,Montana, twenty(20) feet wide to be located on the following described real property: Tract 4-A, Certificate of Survey 2153, located in the northwest 'A of Section 36, T. 1 S., R. 5 E., P.M.M., City of Bozeman, Gallatin County, Montana: The easement is more particularly described on the attached Exhibit A which by this reference is made a part hereof. The GRANTOR states that they possess the real property described above and that they have a lawful right to grant an easement thereon. The GRANTOR further agrees that the public may peaceably hold and enjoy the rights and privileges herein granted without any interruption by the GRANTOR. 2375124 Page 2 of 311/12/2010 08:39:39 AM i t The terms, covenants, and provisions of this easement shall extend to and be binding upon the heirs, executors, administrators,personal representatives,successors, and assigns of the GRANTOR. / I DATED this11:1/4day of October , 20(0 t By.�_/ \ c l ; CITY OF BOZEMAN -Grantor 0F•B02 ;pfte' by s r 7 - City Manager i ' ICITEns ,: i ,lk- . U• .. .-- 1 - _ - L. v •_..ii.l.:'iA_ STATE OF MONTANA ) IIICounty of Gallatin )ss.) On this l '= . day of Oc oh¢r , 2ot0, before me, a Notary Public for the State of Montana,personally appeared CHRIS KUKULSKI and STACY ULMEN, known to me to be the City Manager and City Clerk, respectively, of the City of Bozeman and the persons whose names are subscribed to the within 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 Notarial Seal the day and year first above written. (SEAL) \\\\\Ui N//g, Kis.�� Q.NOT/1111a.0• Not Public for the State of Montana . SEAL *• .(Printed Name) ' Residing at 'ij d'or mot', My Commission Expires_/ /20 /NHItis\\\\ AIMEE KISSEL NOTPHV IPV kSLIC FOR THE s-raTr or N1ON YaNa Rn.lIUING aT pOZEMAN. MANY/�Nn My COt111 ,- UI`I L-#Plnt' 1l - U�t - Y.U 1 "I 1.01011.•-r r-aye 0 ul C I It ILILV I U U0..i .0:0 HM II Ili' cc m o a o u v `o 0 uz � aL C mo yc ac W UoUQon NCV N a . U p O .I. oV ! C1 : N W I U1-3e3,(3. C O Qc O N{ ,r OIC EN , " O,✓)r) a1 In ° 3 U C U t •C Q 2 y ,--MO So a U 0 V C I Z 0-i--0 v v l` N g M8 t 4 C V a YCl .6`'D`o o ' IL _° °c o 00 0 II S Z2 _ E . v 'a w v S -2 J 3 W ',,i.,' 0 •wa UUyonONa r 0 a - N pE a O p .. 0UL00 Co 0 -C U DO �C NO Ui j ., .D ' Y p _90 "0 °ooyNo aNo „ .15 17o Ec C V a [ t OA z C o Tw , w O k 0CcU NNQaaa vi W UNOODU aOn O , 2E U in j C In v m u MW y c:,. oer N „ N — Yb W Q w m V 0 ;1g 15 b C'r ;Si NzI�O —La I 1,1 J t QLa ¢ Zn J 1 4N W O U 0 N r • W 0 a 0 DC O N O O 1 ii W rar t,jab, N o ,00'SL 3„L 1.,6f.00N 0 1 1 Proposed 20'Utility DATE: 9/21/2010 THE CITY OF B02EMAN gist Easement DRAWN BY: AFS se1.Mil- DOSDl IE 0 60'0)011;202 2240--A 60TH-1230 E►r Exhibit A PROJECT No. l ram.(329)002 2260-- at 040)003-3211 Ii (LAND) BUYRS LL.AGR EME T MO i} *i-AfTox- ro nMlrr , I This Agreement stipulates the terms of sale of this property. Readcarefufy:before slgptng. This Is a legally 2 binding contract. If not understood,seek competent advice. 3 , 4 Date: sranuary 27, 2014 ' i 5 ttotopol tan Ent, LLC & Powder,• River Comp.. TLC and/or assigns _,as 6 O.joint tenants with rights of survivorship, 0 tenants in common,El single:in hisnter.own right, r18 Other 7 (hereinafter called"Buyer") agrees to purchase,and the Seller agrees to sell the following described real ' 8 property(hereinafter referred to as Property"), commonly known as North Park. 9 _ - - - 10 in the City of Bozeman ,'County of Gallatin II Montana legallyTr :desoribed_as acts ,1 &2 A,3.^ aA,4 of Certif,oate of survey 21'53., cal,lgt n 12 comity, City of Bozeman, Monbsr,,a - I 1.3 _ . 14 15 TOG4Tid .R with alt interest of Seiler In Vacated Streets and alleys adjacent thereto, all easements arid dther t I 16 appurtenances thr_ereto uncut fiipber end non harvested crops and all improvements thereon except,: t 77 1:0. -' _ _- i f 9 PERSONAL PROPERTY The following items of persorfal property free:cfliens and•.without warranty of cbndiflop, are 20 Included and shall be fransferred by the bli)Of sale . . 22 .. . . . 2 PURCHASE PR1044.1 D TERM S ? 24 That purohase price iS One H41;Li,on, Twd hundred Eighty .Thousand'; .F':ive Hundred k`.ifty 26 U.S. bolters($ i 2B4 Baa 60 )payabloas follows 26 $ . 10,.06 earnest money t_e he appiteJ at closing. 27 $- gsa00.6a1685ki.peyrtlefit payable enor before dosing. 28 5 1, t4,s,56 00 balance of til i purchase prir e;will he imancbd as follows 29 0 Conveptlonal 0 Other Financing 0 Seller ftrielegt 0Assutnption a Nome"equity , X 30 Purchase Pri;ee as $±,Meb,55o or 100& of 'a13 teased,vale jos utdez<_m t z;hed.by :appsasjaj;.: I 31 oritied by•ae15ot) , which eyek 3s, less1 bitt in ng case 1e`sa than 9Of of appfsi9ed value AO keno As Y>iiyer approves I.W. arty- as artcreo over $,1,x.2,66,440 ' 32 I • 34 3.5 bitnrat shall pay S1211.Lez the pu'1.'chase prigs (pips or minus'proratio'ns and arljustheritsj 'at 6 oleafitm an ce .ti£yed de other..liinnedu,ateyy, ataileble cash ..funds. " " 1 I 8 3,9 , .- ... . . 4.1 . . :. . i 42 43 01 OSIIJG DATE;.The date of*Ping shall be(date) . sea lane 155 156? (the 'Closing Date"), i The pi ow5 tray, 44 by mutual agreement; ekes the-transaction anticipated bythiskgreemeht of arty time prior'tO tire'data speouRed.The t 45 Buyer and Seller Will deposit with the cjosirig agent all insltymenis:and finds necessaryto-complete':the purohase In t 46: accordance with Ibis Agreement If third party finaISejpg Is redpired.by the terms:of, this Agreement ,(tiigluding 47` assumptIons, contracts for deed, end lender firtano)pg); the Clpslhg pate maybe extended without ameridment,by.;not 48 more than pa days to-accommodate (clays atfti6uf2¢le solely'to such'thlyd party g. I 4$ 60 POSSESSION: Seller shall deliver to Buyer possession of the property and allow occupancy: 51 0 when the `closing agent is In teeeipt of all required, ;signed dacutpents.and ail.funds necessary 62 fer•thepurchase;OR 53 Mon the date of retarding the_ deed, notice of purchaser's ir.'iferest,,OR 1 64 [7 55 Seller shall provide keys and/or means to operate Locks,mailboxes, secunty:systems,alarms; garage`door opener(s), 65 and I lomeowner's AssociatIon facilities,if applicable: 1 ,%j 1404 ©MONTANA AS8.6cIATION OF RRALT.ORscs Buyer's lnitlars Land nuy Sell ggreerpent M1tareh 2013 Page I of& 1. "V avu ax:OilW Otte<'+ i?if;<,dn err mils Sailers Inifiais. 13;,,,n l.ap b d r y3Ms Kir Ae6'J3(i 'I wn}itvk pug Produced wlih ApParar&by AplAg,x IMO Fitton Mire Road Frra pArfftiyhtgan 480.76 away A5Lonlx:coiig 1 1 57 RECEIPT OF EARNEST MONEY;Buyer agrees to provide Earnest Money in theamount of man Thous and 68 U.S. Dollars(S 10.,00o.oe ) ae evidenced by fl Cash. y 69 the receipt of which is acknowledged by the undersigned Broker/Salesperson, OR ❑Check, the receipt of which is 60 acknowledged by the undersigned Broker/Salesperson; atOR, to.be c1.0 .6..ted with 3 business days of 61 Fully. executgtt buy:sell agreement 62 If Buyer falls to pay the Earnest Money as set forth above;Buyer will be in default of this'Agreement and Seller shall be : 63 entitled to immediately terminate this Agreement and declare any Earnest Money already paid by Buyer to be forfeited. I 64 66 All parties to this transaction agree, unless othenyise provided herein;'that the earriest mollies will be deposited 66 pursuant to Montana law OR within( : 3 )business days of the date all parties have signed the Agreement or 67 U8 and tauchrf6049 will be NW in a frust account soot-qty m3 ire eomr any 1 69 Parties agree that interest accruing on earnest money ti any,while deposited shall be•-payable ter N/A. 70 Ti if interest fs payable to(he Broker it is agreed that sums so paidfiare consideration for sefi iceb rendered: 72 T3 (BroketVaiesperspn$Prihfed Name and PFiengNumber). (Sigpature`of BroketfS@ltspersonf - 74 Tb be sighed eniy If lit aclual receipt of:Obeli or Oleg:: i 75 TO The parties:avthetlze•attet holder of the eeriest money to forwar{i tor ther 01.6firt fS.Oliit upon its:request; all or any 77 po00.pt1110e24EsthlPn yfegUlredtoqdnlpletb'ih :.Cios(ngof'#f7etra saCtiofi. i a 70- t 79' FINANCING C ttybttIONSAND OBLI,GA'7(ON$ ir 80 e't BUygRis R1 W SBNTATION OF FUNti's; Buyer represents. that•they have sufficient funds .tor the down 82 payment mad closing costs to close:this safer in accordance with Mils Agreement god are not re)ytngupori any I' 83 contiisgeritsource of such funds unless:otherwise.expressfynetretib herein $4: • 86 LOAN APPL.ICA710UQa If Buyer Tails to make. Writt'en.;applicafion :for. financing end pay the fender 'any 86 required feea,, apply for assumption of an .existing loan •or contract. or initiate aoy action rgrlulred for 87 completion of•acontraot for deed by 5 00"P M.'(Mountaih Time)(date), i 88 Bayer will be iin beeadh o€this.Agreement and Seller can exercise•Seiter'siremedies under this Agreement: i 89 . • l 60 Ct?NT(idbBIJ. .....The contingengfes set fo¢h in t)is Agree )cit or on attached acld8itda shall be deeMed to have 91 been Talea.041 wa1Ved, or satrsfted aqd the•iransectlpn shaft contitiye to etosiing, unless, by,S OQ PA,.(Mountail Time) I 92 on the.date appcifed for cacti conhirgehcy,•the Only requestlirg that eontingenpy has fiot>fted the other party.qr the i 93 ether pbrtya Brpkgr(Satespeeaan in writing that the conljngeney is not teteased, Waived; of satisfied if a patty has 94 tlobfled Ute other party on or before the release -4:410,1%.14ooritingenby I? not relears'ed, Acta or satisfied the 98 transaction is ter0110.Ptsd and'tlie earnest:money wit.bg,relurned"W.th.0 fuyer,';unress the partias negotiate btber terms l 1 90or provisions 1 0 98 FINANCING Opt 1[N0,EN A • 99 Q This Ag'reem'ent Is contingentn upon Buyer pktarrilng the ftnanagg seep fled In the Sgolion of this Agreement 1 100 entgled tUROHASE PRICE AND TEiIMS' If flnarteldb cannot be obtained P.Y. tire Ci'estnd Date;this Agreernofit I tl 101 h termipated 0010:010 earnest hioneywill be retupderf to the Buyer, Dit t 102 I 103 0 Thi$ Agreement Is contingent• Open Royer oblafrilpg the ithanoig specified in the seotion of this Agreement 1 104 eotltleei'0tiralAsl PRICE AND TERM$' Retgzse•©ate. . , , , .... 105 i 106 .AP'I ACS/At„•O:(7,NT(NGEMCl'; 1 i to7 ID?topepty Must appraise for at I:easJ($Xjt oha'gee pi:i.de :)-If the Property dues,hot appraise far at.teast the t08 spec/Hed'amount, this Agreement Is t'erm[liafeci and:earnest money refunded to the Buyer unless'the:Buyer 109. 'elegts to_proceed with closing this Agreement:without regard tc appraised Value, Written,ngtice of Buye'r's 110 election to proceed$hall be given tp Seller of Seller's Broker)Salespersoz7 within to days of Buyer.or 111. Buyer's Broker/Salesperson receiving notice of appraised value,•OR 1 1i2 CI Property must pp araise for at least($ '). Release FJatet _ ,F-lli CMonttNA Asaoci47lOpl OFREALia1gbr I page-2 or7 i i euyei's Thittal5 Land buy sell Agreement March 2013 ssiieers initials Pr411uaaewnhifpForm'eJ by zipLogix 18070FiileenMJenead.Fi Wer,Michigari4802e L�_SL'+:zioloobco,_ nntthparlc pin r 1 I 1 I. r 1113 TITLE CONTINGENCY:This offer iscontingebt upon Beyer'sreceipt and approval (to Buyer's satisfaction)of { 114 the preliminary title commitment Release Date: 10 _ days from Buyers or Buyers 115 representattve's•receipt of preliminary title commitment, - 116 � 117 PROPERTY INVESTIGATION:This offer is contingent upon Buyers independent investigation of the following 11s conditions relating to the property, including but not limited to; covenants, zoning, access easements, well 11 i 119 depths, septic and sanitation-restnetions, surveys or::other moans:of establishing the.cofners and boundaries, 11 126 special improvement•districts, restrictions affecting use, special building requirements, future assessments, l', 121 utility hook up end Installation costs, environmental hazards, airport affected •area, road maintenance l' 122 abiiggtlgns or anything else Buyer deems appropriate. Buyer•agrees that any investigations or inspections I 123 utiderteken by Buyer of on hisfher behalf shall net damage or destroy the property, without the prior written 124 consent i3f Seller, Further, Buyer agrees'to'return the property.fo`its original condition and•to indemnify Seller r, 125 from any damage or destruction fo the property caused by the Buyers investigations or Inspections, if Buyer 126 does not urchase the ro e t'.t Release Rate 90 is s after re, la•t a ' r R p p X y Y t p ppra4a.] • 127 Titin offer laF gorattlOpnt gpoittnie Buyer. and Se'.t"ler, along id.tlthe ,approprate Stake of 128 Montana agency.,_ ehtertnq into an.,acceptable .memorandum .of :understanding •regardinq , 129' • thr3 .Etii di•aq, design and, oonstxuction o£:'af Interstate §0 av,w0,0,ss that, ik,:i ld r i 130cbtine:et the,'e dsti nq Mandeval1e: Ilene= anJfl'aiter- tans roads,. . 1 181 _ 182 ..kelease'Dafe 90 days £zoom e7Cdprttiori. • I 133 Thla eferlscohtlnOentU,�totitpho Slayer`and seJ,I,er, entering Intzi";a piemoatnactin, of # 134 und5:x+s"t,,apding iegarding•:the exteif4iS7n of :the ex#•sting TIFV,i'dist1o% afjd t=he.. , 135 aY1Tat4oaeion dTatfunds- for posts resuS,tn9' tram Bozeman. 9'6lvent, t $?: e 139 cont•,a@.lnatiep including but not l iiu Gec to theMe nista assodiatad path tt,e ex, . 1 137 �olvQnt:_ Site Water Main ;Ipiprovement Paybaok D1strlet t 136 I elease.Date SID days from exeuttiggn" 139 _ . .. . - 140 ADPITIQNAL PRQVISIO.J$ This &fifer is conts.ngeni on the bitty of. Bozetan apppovirtq:_.a j 141 pxelryyt,1,nar :ylat y�xt 1 bpnUitz•ahs- that .are appep.table to tyre Bnyof'n.;pr,'t.hX to Cl00.i.km. 142 offt}z' J s ,also „aohtyngerit OA-irehx:phulac and pedestrian acce:ss that is aln$6F:tatye to 1 143 '15.n: ;, •C'ontahge'nsj re1b'ase trete="for iprel m,unaw plat abb'rdbal arid ai boete approval is 18 144 Moat s C644 tH a date x:11 parties have•pxecstked. �t5je,bug se7;.1 agree,ueilt Thl!s 145 6•o1 c4—eney• `tgleade date 'may be. extended` by either party for up• to 4h addi lonel V2 446 24onths of the.iptitelimaiiarµ.plat.re'view, process xs ttwndenriny, Sa1d• "eictesieitn e_.•ehall. not., I 1.47 be uiireaeeria2A1y i a_.theltt. . , t t46 . . • 14<9 Dayer to bett5it•,.41515dtva•s•.ana •review process, ferelaminaryp.•Fat •procassj' by- svbhtittinq •_a • • 150 pre atiplaaatSdn plan to theC.ity..o1 Bozeman withn,n 30 days; at' the contahgeneies an...„ 151 lisae§•-1=27,438'b-eixig satisfied Thayer shall work dil.i.gently to .re'spend to -theCity is ; 152 pre applioikezon reyiew,comments;and shall, submit .a'pzeliminary blot:applidat on within: 1 153 a reaso4,able.nstgfnt of blind aster receavinq said review ddmmerft§- -lir, shall notify the i C1ty of it intends' lib not dory,iiieitthe process+, " 164 155. C1os5n4 Dane ag""within 60 days of tihe. satisfactign. o£ the contingencies on lines 1 1S4 240s•147. it. ._ .. ! 1 157 see ,Riddendt,ms"..£or•AdditionalAdd:1..074nel.-Prorzisions tot tes 1–e. ,im ..18[` 119 too CON... .B The<Seller shall.cor vey the real property by warrantf deed, ' 1a deed frog of all liens and encumbrances ekcept-those described in;the title:insurance golnmtfr)tent; e approved:by i . 162 [WON The Seller shallconvey the personal property byaril of Sate: t 163 • 164 WATPR:'All water,"Inc{tiding 4ur(ace water or ground ttiater any legal entitlement to water, Includltig..stalements of 165 claim, $011f1,0100, of water 041g, permits to.opiratirtote.wateh.exempt existing rights, decreed boo*•or any ditches; I 168 ditch rights or ditch; easements appurtenant:to•and/,or used in connecflon with the Property are Included .with the 167 Property; except_ 188 -: .. ' 169 piling or tons*fees will be paid:k ytMJ' Seller, LI Buyer, Q split equally.between Buyer andSeller. . .. 170 Documents for transfer well be prepared by Seiler I /• vd Produced with 'J�•MON7ANA O ASsociATion F RaALTORSQ: l Page. of 7.. . . ., 1 _ 1 ally° s hit a s • Land Buy ser AgNement,lArcf12013 selWsdnlfiafs # zipFortne'byeipto§fi 180711FitleeiitilsRoad,Fraser IAipfilAan 4lit :vdw/.iloLoBik.cbrt: ponhpirk put ! 1 iS t i 171 WATER RIGHT OWNERSHIP UPDATE DISCLOSURE-: By-Mbnfana taw, failure of the panics at °lasing or transfer 172 of real property to pay the required fee to the Montana Department of Natural Resources and Conservation for 173 updating water right ownership may result in the transferee of the property being subject toa penalty. Additionally, in 174 the case of water rights being exempted,severed, or divided the failure of the partiesto comply with section 86-2-424. I 175 MCA, couldresult in a penalty against the transferee and rejection of the deed for recording. • 176 # 177 CLOSING AGENTS FEES Closing agents'fees will be paid by ❑ Seller El Buyer''Et Equally Shared. 178 I 179 TITLE INSURANCE:Seller, at Sellers expense and front a title insurance company ctiesen by Salter, shall furnish i 180 '8uyec With art ALTA Standa rd:Coverage Owners Title Insurance Policy(as evidenced by a standard.form American a 181 Land Title Association title insurance commitment) in an amount equal to,the purchase prrice. Buyer may purchase 182 additional owner's title insurance coverage in the fermi of "Extended .Coverage" o'r Enhanced Coverage" for an 182 additional cost to the buyer:Itis.recommended that Guyer obtain defalis from a title company. 1'8.4 185 CONDITION OF TiTLE All mortgages, Judgements and Hens shall be paid or satlsfipd by the .Seller at or prior to 188 closing unless otherwise provided herein, Setter.agrees.that no agditlonal encuplbranoes testnatlons, easements or 187 other-.adverse.bile conditions will be placed against,the title to the propertysllbse'guellt to thee-effective dafo Of the 1 l 188 preiihrinary titte.eommifinentapproved by theegyer. l 189 150 SPECIAL IMPROVEMENT DISTRICTS Special improvement Dtsttict?;'(Inclyding"•rgra) SIDe) -including those that 191 have been noticedtotellerbyC(ty/Countybut not yet;spread:or.currentlyassetSSed d ey,Willbe ( t92 tepid off bySe)ler at closing l 10 dasaume h Buyeral 'idSrng;.OR 154 El. 19$ All perpetual Sibs shall beassufned.bg.Buyer.: • I 168 137 AS .00)A JON S ECIAL ASSESSIi7EN1'S Any special or.non recurring assesstliertls 9t any:nen-gtiveftiti7ental ; 198 association,Including those.thaf have`been approved°hut not yet blt(ed or assessed will bet 195 alliard offby'tcd((eratIclosing; 200 ©assumed by buyeratclosirig;p aR ' 2144 ti _ 203 .PIROMtICN .OF YAXES AND ASSESSMENTS: Seller:and Buyer agree::to prorate tares. Special Improvement 204 IDistrlatassessments for the current tax as well as pre-paid rents;•water arst sewer sysion charges, hir_alingfuel 205 ,and lank rental;irrigation assessments, Homeowner's Assoclation.dues'and/or eommpe ei intenanbe fees if.any;as 2b6 of:.the.date:of closing unless:otherwise•agreed and,: 207 . _ _. .. 2D9 269' 210 . .- .. ... . .. 1 211 C:ONDJTiQN OF PI#'OPERM Seller agrees that[he,Property shall h'a in thesame:condition normal "gar,0:0 tear I 211 excepted,tram the date atthe execution:of this:Agreement up to the.time Boyertakes possessigri,of the Property. i t 2-13 Seller wilt rerneve•alteersonalpropertynoHhcJude.danahis•saleprlorloclosing. I 214: 296 NOXIOUS WEEDS DISCLOSURE Mayersofprope'riyin•thestate of Aitontanati.shotg by aware that Some propeNies l 246 contain noxious weeds.Tl e laws.of the State of Montana require owners of property withi .fhrs slake to cOnhot; and'to 1 241 the extent possible;eradicate:noxious weeds E`or information concerning nex)otls Weeds. and your'obllgalion.S'as an 248 owner of property contact either your local Countysatensron agerit'or Weed Control•6garrl, f 2ig. 220 MEGAN'S LAW.piSGLOS.URE: Pursuant to:the provisions of Title 46; Mentes.2:8; Part 5 of the Montana Cade i 221 Annotated, certain individuals are required to register their address with.the Local law enforcement agee rycies part of 1 222• Montana's Sexual:and.Violent Offender Registration Aet. In some;communities,. law enforcemenj-offi:ges Wilt maJie the. 225 information concerning registered offenders available tothe pubtia'If you'd-asire further information peas le contact the 224 local County Sheriffs .office, the Montana Department of Justice, in Hefenar Montana,.and the prpbatton of/leers 1225 assigned to the area. WrgrobNtANA A63.0041.60 OF RffALTQRS.O.. 1 � '?' Land Buy Sell Agreement'MaYoh 2613 Page.4 or 7 - - Boyers ihliia 'seller s initials• ' Prodliddd withiiprorm{5 BybpLdgix 18070 Fifteen MileRbdd,Fraser,MkNgas4e026 sohygoip§;y,geni nmhiipr)epur i I I 226 BUYER'S REMEDIES: (A) If the Seller fails to accept the offer contained irf this Agreement within the time period 227 provided in the BUYER'S COMMITMENT section, all earnest monies shall be returned to the Buyer. (B) if the Seller 228 accepts'the offer contained in this Agreement, but refuses or neglects to Consummate the transaction within the time 229 period provided In this Agreement, the Buyer may: 230 (1)Demand immediate repayment of all monies that Buyer has paid as earnest money, and upon the return of 231 such money, the rights and duties of It1uyer and Seller under this Agreemein shall be terminated;OR 232 (2) Demand that Seller specifically perform Seller's obligation under this Agreement;OR 233 (3/Demand monetary damages from seller for Seller's failure to perform the terms of this Agreement, 234' 235 SELLER'S nflifEbitSi If rhe Seller accents the offer contained in thisAgreement arid Buyer refuses or neglects to �I 236 consummate.ithe transaction within the time•period,provided 0INS Agreement, the Seller may: ' 237 (1).Detlarethe earnest moneypaid by,Buyer be forfeited,OR. 236 (2)Demand that Buyerspecifically perform Buyer's,duties and obligations under this Agreement; OR 239 (3)Demand 0011411.00t pay monetary daiaeges'for Buyers failure.te perform:the termsiof'this Agreement. ; 24b. - 241 UYgR$,AND S1 LLf=tt"4 C$RTIFic3ATION 'By ehtering tete this Agreement each person or persons executipg this 242• Agreement, as Buyer or Soper, represents that he(she is eighteen (18)years of age or older; of sound mind; and 24B regally cotgpetent to own or ItahSfer real properly rn the State.of Montana and if:acting on behalf of a eorp'omtion, S 244 partnershlpr or ofhpr non-human entity; that he/stie.rs duly.antltorized to writer into.this Agreement en behalf of Such I 245 entity 247 FORt 1bN PE SON Ott NTl7Y Sellers ate not fgrelgn patspns no ,resident aliens, foreign corporations; foreign 2,4(3 pdrtndrsh)ps Wreigtl !Mats;_or fgfetgn estates, as those tetfns are defined in the Internal Revenue Code ;arid the 249 intone TO i2gaylatlons promulgated thereunder, Unless the purchase pnwo:of the Property does not•exce'ed I 250 $0o04o0t1 and the t'iuy4r rs purchasing the Propertytor use by•Buyer ds-a personal residettee Sellers shall ¢eitver to 2111 Buyer..4 0afgogfe of non,foreign status ay the forr#1 required by the inaomei Tax Regulationn and reasonably 252 goaeptable to Buyer ane/o.( Buyer's attorney In the:event SellOrd. do bot deliver the aerhtioate to'Buye(tat or before 253 clos(5g Seffefs 4olcnoWledge ant) egreq that Befyer`fray withhefdlen percent.(1tt%}nftitre Purchase Pnbe and submit I 294 this amount lathe Internal Revenue Sery#ce pureuartt to Section 1445 oflhalnternal:f�evenue Code. 2P5 t 2-SB CONSENT TO IJJSS).OSE l)4RtRMATlO9, Boyer and Set( hereby consent tot the-prear rerrrent:end discibsure by SOW . . t t 26.7' Buyer; Seller and Salbspensans and their attorneys agent .and Other panto-'having interests':essentldl to this 268 Aigregmatitt of prt� Gild ,all . -infortiatatton reasonably' heces;;awy:to bdnsumrriate the•transaction described in this 299 Agreement speofloaliy incIadfi acOess ka escrows rpt review of epnfraets„ deeds, trust )nd'eniures: o simt(at 260 documents concerning•thie property or underlying obiigalioris pertaining ttterofe. i 2661 g t 266 R1$IQ-OF LOSS All loss or damage to any of kha abgvd described real property or personal property to arty cause is 263 assumed bySeller through the'time of closing unless.dtheiwlse•spepified. 264 t 2165 TIME IS OF'Mg g ?. (C. Lima is of the essepee a's•to•lite teen$and pro gsions of this agreement 267 BINOINd 1 PF C'r ANDNONp55fGNAR Y Tis'Agree ndrit,is binding tech the heirs,sudcesorsad assigns t n 266 of each of the parties hereto, (wave!! Buyer's.rightt..unrlor 1hisAgreetmnt;are,not assignable.without the.SSel(er's 209 -express writt;eniaonsenf. H 2'711 j 271 ATTORNEY FRE9i. -o ao e broc}ght,by{t 3yy 7 or#tS Sclfprto cnfetee a 272 tt3 : - . _• the'term ., r. -•s•, e-iwishcastten-sfin40 en(tt; ch r a omelet he-court or' 273 determinethiet. • 27-4 t • 236 00101919:0101:.The Sellers and/or B-uyer's commitment to pay e cofninission in connection with this#ranseotion,ts,an 276 integre part of thts:Agreement, 277 278 FAOsltMliLlit The parl[es agree that a facsimile copy of this Agreement:tie gel! and Purchase which contains. the 279 parties'signatures may be used as the original •t I +'r :i't. 9h4oNT6NA ASooftvoiy bE hEAL7oa6r i Buyer'sin hers Land buy Sell Agreeinenr Marclr:20A3 Page¢':ort .. 4 i Produced withzipForme-b, L6 ,x 18070 Fuieen Mii 88Jter's i&riii pi • h P 0 €'Rbed,ri9ser,Mlgh70an:9A020 ydvuzlphoaix,cbm - north parKpv' I I i i ,i 280 ENTIRE AGREEMENT: This Agreement, together with any attached exhibils and any addenda or amendments 281 signed by the parties, shall constitute the entire agreement between Seller and Buyer, and supersedes any other 282 written or oral agreements between Sailer and Buyer, This Agreement can be modified only in writing, signed by the 283 Seller and Buyer. , 284 . I 285 COUNTERPARTS:A copy of this document may be executed by each individual/entity separately, and when each 28.6 has executed a copy thereof, such copies,taken together,shall be-deemed to be a full and complete contract.between 287 the patties. i 268 289 EARNEST MONEY DISPUTES:Buyer and Seller agree that, in the event of any controversy regarding the earnest 290 money.and things of value held by the Broker;closing agent, or any person or entity holding such money or property, 291 unless mutual written instructions are received by the holder of the,earnest money and things of value, Broker or 292 closing agent shall not be required to take.any action, but may await arty proceedings or, at Broker's or closing 203. agent s option and sofa discretion, may interplead all parties and deposit any monies or things of Value In a Court of 294 competent jurIsdiction and may utilize:as much entre earnest money.deposit as may be necess* tq advance the 200 coatandfeesrequiredfor Piling such action. - 206 . 297 AP,BENDAAN1)1011DISCLODURESATTACI-IE15:(Cheek a)!thatapply): 298 p Sale&PBUyer s Properly G71'p31 Tax Deferred EXphar}ge 299 ❑Addendum.for Addttionat Provisions q Backup Offer I 800 . i,Water Rights Acknowledgement S01 ©: 303 RELATfONSH.)P CONFIRMATION' The partiesto this agreement confirm that the real astate;�lice}tsees identified 1 304 hereafter have been Waved To this transaction. in (he eapacitles Sleeted pelow And the partlo's have,preyiously. 30d received;the required statutory disclosures.settingforth.the licensees duties:anti the lb-n s of thelr'objigaildtts to each 3a6 party: 307 308 [Rake :x3lui.ot of:a$ti> . 309 Inamo,of licenses) (name:of erakdrage co`Ampany)t t, 810 Is acting as IZIfSellersSinker/Salesperson 0DualBrokdr/SaleSpersgh.. 0Stetutory. rB.k .._ g- ail - ' 312 .J'apon Aeep. _ •of NAI LandmaYk ii 318 €ridrneetite ne ei : .(7arkerri Browerepe court ah}11 3't4 is acting as I:Duyer'sBrokedSalesperson 0DualBroker/Salesperson, pStaiutrrysfroker 1 ate tJ'Seller s Broker/Saleegeteon(Includes Seller'sOub-Broker or Salespersogj,. 315 317 SUYERS ACKNOWLEDQMV.MENT 9tiyer acknowledges that the/she.has examined the'teela d E personal ptoAerf ; 318 that Buyer eaters €oto fhts•Agfeeinentl In:full relianee.upon his/herindependent Investigetron and ledg.dinent tttet offer 318 ve/tial reptesentations•bythe-Setter or Selfers e.gent:or•representatives da not modify_or effect This,Agr'eement; and l 320 tat by stggm:9 tl(s Ayreen ant Buyer a..cknowledges:llaving:r..ead and understood this.ent'e' lireAgfee t, f t 821 I 822 13111/51r$ COMMITMENT. i/We agree to purchase the above described:Property op the terms aD l •conditl6ns set 328 felt Writhe atruve offer land grant tsard Salesperson until(date) sea:adaa:ionel., proVasaan$ -114. . I 824 at; 1a-m, [] Ott(NfoUrltaltj`Tlitla)to�seCUpBSaiter`.s written:acceptpoe;Wf)ElheY nor nbt't(l_a[ 1 325 deadline falls on a Saturday, Sunday oa holiday Byyer may Withdraw this offer at any time prior to, Bidyer being I I 326 notified it Seller's written'aeoeptanAe: If Setter- has:nok accepted.by the:time specified, this offer is actotnei Cally 8E7 withdrawn ; 3.26 The parties hereto, all apr"ee That the transaction contemplated Dy this;document may eoftdticled by etectrpnic 329 means ih aecordaiiee tyith the Montane:Unfform Electronic Transaction Act: I I i " :1MfrIl GMONTANA ASSoetkn0N OF Ft=ALTORS® 6gf7 r Buyer's lnitrae Land,euy-Self Agreemenlr batch 2013 Page .S.eilerS innals Preduced with zipFonn®O by zipbogil 10070 niteen Irtlle Hoag Finger,M1thlyan V�d2Q Vi.WczioLogicare /101101;pur 1 • I9 il' t J 1 t i i 330 UWE HEREBY ACKNOWLEDGE receipt of.a copy of this Agreentem bearing my/pur s"ignatere(s). 331 332 Buyer's Address: ^T_ City. 333 --.. 334 State _____, Zip Code Phone Number 335 336 BuyersNeme Prihted:M aeropo].i.tan Brit, LLC a Powdex:, River Comp..,LLC and/or assigns: 337 338 Dated this y 33g at Q am.(7 pm(Mou ltau Time), ; •1 341 (8ttyers$Ignature), ars (Bu e S'I�natura fi 342 /' rr t* /, f y, / tin.,„-.:r 'r'T,+c.; L:c• c ... F .s `e r 1K.:!.-..4:41 f i 4_LC. I 343 / 344 OPEE_R PRESENTATION.This offer was presented:to the Seller(s)'on a 345 • - " ( 346 [late: Time, f Qam[IPm ay I1 347 (8(gnature•of person presenting the alter) I . 340 S LLEft 5 COMMITME?Wr bW4 agree, tg,sell end convey to:.4uyer the-aboste:r.dosertbed Property on the terms s 349 acid conditigps h6rein above stated I/We acknowledge a•receipt of a.copy of this Agreement bearing mylpur 5o signature(s)."arid that ofthe SI-yet(s)named.ebove, 35.1 ( 352 SelldrsAddress:, _:. City, 1 1 i 35x3 394 State ' • ZIP Gbge. Phone"Number • 35$ • t 350 Seijers Nemo Printed>C,i;ey off' 80einan, bit 3rr 35.0 Datdd thie . . • at:. . 0.atil iff pm(Mountain Time): 340 I ac0 _� . . , . . . . I I :1- 301 (Sellers•Slyngturr) (Salters Sig tiaturs) .. 36 : 3tj3 AOTIQN T,Afk.N,i)a OTFJER:THANAcGEPTANQE: 3:64 1 365 lANe acknowledge reeipt of this pgreemenf hearing my(our.iiitial(s) and the signatures) of.the Buyers)mined f $0.0 above. 30 358 Q Rejected by Seller .1 . /. .. Modi ted'perAtlached Counter I i3 `. t.d 36$ Seller s ltt(heta Data .Se11oNS Intlials pettt I NOTE unless otherwise )prasslyslated hg.te ni ogys mencwcalendar days:and not:husirress"days.Dusiness days are ileriged-as-all dgys i as•except:5undays and holidays,Any,performance which:IV:04114S lb ba completed,on a-Satgrday sunday' ,a y gap be ( J poor/nod an ilia fie%t b"usiiieas lay.. -' prholida {{{{ I1 - 4 I • i t SM©NTRNA ASSOCIjCTIpN DF R€ALTDFIS , karrrDvy^$ ll Agreement March 211ta Pad@ 7 of 7 j Produced with zipFurm®by zipLopix 10070 Hagen Mile koaa,Fraser.Michigan 4yp5028 i,FipLadix.cagi norili pnih..par i 1 l' . ..„,.... _ ; - , 1 i;•- Ali k-.." r., €01) SOlenfl II TmiWitte'Offer(the toupter Offal to:that eartain (Land) Buy-Sen Agreement dated Januaty.27,2014 II 'lli C2).t_12.-thriSlibgla1Pcilt the City of D9Z0111411.CfSetle?".by IvitexopolitanThatterprites;LLC a Powder,River Company LEO and/or aeaiShe(collectively"01.iver") dated Tarta#ry72014.The:Sergolf le_tieeentable:hy Seller With•the'aheeges sat forth below,and teller herebyniabs the following Counter Offeritiecootatienhoae.ahanges: - • 1: Plillehaa0.P.ile:e-eild Terms: 1 .a: 4.1q0 30—.3Z iffoliito.,,i.M•d61001 antrevibbet14Ylar the,fallp*.Igg;l'clrebtib0:17.4fee is b 1116 Oat& -or‘,(0P;,2g,0450, Or (n) .10O pf Appolg..-ea value, ifs determined .by an aPpOsa1 ciAlproi1'.0-04.1/47i7CctQapptoj04 to..bp0.411A00,tty.b.date.iwittliqbtio-V4.„ybablf thriXte-SitttPnta, 1.40%..0114 appraised vdrti6:40e.0.4:SEL400,50 by mom tbart:;tba ci percent(IOW); TAIlltettanyi WititinAtt(t:0) 4y$H0f.fitk,rbeeint-of a eppy.01/1-4,:appymiskl dial() tetlifirgitu this tweanwit by:giving Writtem.bpti0;ef:snejiterniittailbh..InSblier, and Apoorranstlen liarain to:.this:paragrapi4 the Pandst;Money shall be Intraptly I :- retontati to.131Wet„If viggsw.:g:Ne.,:iotis-Tatqueh pipaon wijuctilii ten (10) day 1 I Illneyered; Buyer wait be tresite4 to hayb..w.afyitd its j-ight to terraria-fa this Agrpornein !maw gatens.'set forth in this paragraph, and the EhrellaaP Price shall be 100?7(rof ihe i Piniseiffs appralqpd-yablk I i 11, Antaialebnlitt$ener 1 a. ,r4h0s 1_0:0-112,haisivq,-.4a1fllbriofete4:141 thok(Altht , • . , . L11. .Pkgpettylewestattorn . • a. 71-4 ;0541:111:4they :in -lines. 127 L. 130; it-lanai-vet addressing a memorandum of understanding bliniptiseti httergate),0100iii4#1,s14 he:tit0.10*h TbOtrelbtSb Sato%lirtb132 Ain bagtletetly IM-:. Aticlitjentallso,yisienst • 1 .a.• :Mho 140 E-.1.47i 1/441MIA.tOkatati*Kettintligut 0111r4tO•Mal to be Migg11 ito,121di. k3141-.015`0 1:$ 00111111gent,cork ih-b0ity'gr:t3otbrnan approving prelitingary:put With eftentichts.tteeeltthh0 to 0113,,h1g0t to the'clOittllOhienlih Oftei,kialsovritidgbnbon I yebtotAatep4 per.I.O.StrialUdeess:th4js,gebeprablbrb..131yor:,-ObibingitnSittetindS.:fiye - • sti1t01104/16141,004411#114.AbilOtnted to require 0:14:110:--0,ty;If Beienran.;apprgypripY particular-ebp4itittnti:00cebikprepnaeritiy;,04yrrgit lie1nnr2rteotend by Elityalitiat:-tlle. City 'will totem, Bnyees application tier prblintkary:-Sr. in Us -sacrorianentel abil, regulatory eePOtiOt(4PPISIto.,*9nliaudoravuoliumow-cdoo4 and geepthitba.r... : it-wontd-in tailibublignityother,:applibatik..Conitwey-teleasniiere 14 prelitnifiary.;:tilitt 411b1rill .nit access allPIPv444 atanthttliTM the date all parties,-hayn-ettenntat the: y-$ 1, Who.pteilinitiiiny:platTeyier.prp.bassiS ith-derwTtN1.4 itwssifpris.-pfoaaii4g. diligently, either-PadYinery 11.1)-P1&to taavOIhe.:continkbabylibiensartarb,:extedde4 cfernpro API arldifienal 12.1-tror1tli and the other party gait noVanreitsonsilly*044-ebittattcto • such wit-an-siert reilnost, „ta-ga t.02. . 1 rivt rtast,. 11 AGlitED AND ACCEPTBD CITY OF 802014M MetrDpolitan Mite/wises;LLC By: co, ,), , ByName; Onisdk-KnItuAi. Mans A' TitM my:msaker Title c7 ttl Mirk Rebruary2t 2014. 114014 VZ7V/V - , •„ , — • ?ower Rivet Cthinppti4A HmcUCfl • • (h.) 11 itti4, fti'a r j)kfq, S/1/4$-: • ' 114ge Ibt , ADD NDUf TO BUt ELL A R BMENT I1t Q ir Ft R ADDITIONAL PROMIONS , eti>K,.,nox fif!1R011" OPOIN1a4iW 1 This is an addendum to a Buy/Stell Agreement dated January 27, 264.; 2 I 3 between city of Rozeinan, Mm (Seiler) 4 t II 5 and 14ioropolitart. Ent, :7LC & Powder, River Cojn .,. ,LLC and/fox assigns: (Buyer) 5 7 end,concerning the foliowtrlg described pr¢perty Aorh Park :fozeman, 8 1q j 11 Additional prouisi ri p. ;Buer xc yeogni2:es:, the ..,0.:1.4' :hasa. ; ..t'has:et1 EngiX hnte'tjta;1. Sita, i 12Assenmertti:Rette t. EB.t the teal grope ty prepared ilaw 1yalite Envittninientad..., B1P 13 and:dated_. Septembsl, ,2D12,. FTpbn. etlte in4 into this.Agr.eemenb :Bpy'ec may ,mage:qt I 14 tli3;9 1`.:00.6-4-E :and ab v"obtastj :a,:Copy of,._it at.i13tyer.1a expen'so... ' . . 1 16.4111i144.0, 4,ed,§.011, "zos, -¢ Cxty I_F1A4 a pcel,xmiird' ja Megirlee.vtitrigt 12epo1.:t fez°:thp �ia'al ? A Istopetwt i tepF?a 's4 ;1?tiy. CM Arc1ktegts :& En4iineets dated.Recelnkec 4 .L0'1.3,,. Upon 17 epter ngr`i'ot this.c2a 0.41. er t. 1Bayat may inspbot th:i9: report :and may.obtaih.,:k:015.9 • 10..of it at BRYet"s expense. 19 31Ifothing irk this agreement ,may be CQnst,Yged to ebl rate the:..:B-azemata ;City 20Gom}ilasiort 'td.: api:,e01e,_.a. it Liiitinary.�•p'1at ox be construed to.:;abrogat'e.:or. Wax. - '..: 1 21 .t11e.130emaur Pity C,4411At pion.-':s a.utho''tty..to impose. teaaRirafil.e; oondsty'.ott5 %if. - i 22 appro'.t 1 tinder tite MOntarfa,subdi4isii.on and k1atbihq .Aot ('ritke• 1fi,. ;apt 3,: Hotta j A;)or tie .S -s. 17ritged:P.0410p dent Cede (Chy , :�38, gift : . 4 i 25.gontat ited tot';hams :.4 t5. 2e . I 27 1 l _ .y. . . . .... . . 7$ I _ 1 II 29 i a1 &IyerMickoysolitan t rre^& agxilex Date 7 It - • SEUer c:ty, of agzBimii: h$ • Rate ii 32 33 as / �`..1 li ilitk 6 SUy.r lover Comp. TALC asoLor.assigns Date - Seller -GAO } I 1dQT :,Unless olhehvise dkproaht M-aladihelermDays means c5lendhr days and nol bnslness days emi.o 5;day4 are dellnep as all days.wexcep6$undays and halklayd.Any perierrnancdc4lirelfirlet)uu@d:(i6)))ernpleleaana SawdsuW ayy'nr'a horidaycan 4e pkiIrmt e fa reepealbuslness day. I :6MPNTANA ASSQCIAY(0:).fr EAITORSQ,-March:2006 t 1 NA.] Larinlag 1$li SV Diakorson Uii auzcnle1•N,17 597[, I Plinne.-10,S56,31O5 Fax 41%M61321 risen Leel loin park par i Frdduced Mlh XrprgloOily v`ptogq 18070 FIeeenMlie Road,Pcsef.MlcAganA$O26 m)i)ftpLfi'aix:ctp I 0 i , 1 0 ' 0 ADDENDUM TO EIDY4-ELL AORE.EMENT it .a 1 'd FOR ADDITIONAL RROVI$ION$ Mel; ' 1 I 1 II 1 This is an addenclurn.le a Buy/Sell Agreement dated January 27; .2014 . • . ., 2 11 i • 3 between . , . , City of.S6z-bittaxi, MT (Seller) 4 .. .. . 5 and ,mictopolaAart.Ent, ,idie a „P.Oflar,i River CompiiLa. and/or ;as'8 loll a i (Buyer) 6 7 and concerning the following described property: North paAet. ..66."teirtii,;. 1 8, g . 10 L. ii Addiffellal ifittiftldriteM940, A0Actr04:44 .anci. Agregko, 0i.o.: ft4-0:-M,..thi: ;Prppertly is. 'i2 tirxt.,itti:folik.,•-atoiri -the:odeerriati City cons-sslort,is.rabledgatioiii..:64ittia City 1443.tffi:etext.'a ii ' 1 ' 1 13 OPPtAtAl Atf.-. 11•44..,AdtOPAS:ritt b2 citay adopted ogiab4rxoo ot •ili-4 0.0 0.44.11,. 0.i.; . , . • ... .. , .. . ..... 14•GdiftnItAgitti4:1•40.,6tialit.: to the .ilelaliinren-as at s..actiork: 2 ii :(5g: --kbb,'.111.6keman 03.t !, 1 4691.St.O alat::apt.. 2k l&t:ti,, ',6:-, .73),ts. .6., ,-1700,, iii914, : •-•4,t,e0,1o4.0i1...0-T OS§ ,.-9,r,gtoitcen:b l I sud 16hall {16.t isai.,z4E.ftette,...witdz1 On ftharrt,y): thy ,A.6;66 .,tirtia.1, :486)3MionD t E: . ia ... .. _... . . _ ....... ri 1 1.7 citaliliatX0.0:w 001*' .110 Etq.:atili10:_n City topnolsaipo .044 1; •0.X14;t44:17! 'thd :01„ty, blanaggejA ., ,.. . . . .. 1 18;kipPir,6V61; of tbts 46:teti-E43966,6.,.:06„ . gli -Emstqwr iag•tin• e. Eaks... padin!ifitbrihain 'be i 1 tg tOttar.atai,-Atitt the 44'004 iti.OYf no :t:ugitlAt.7±61 .Y4:46,1a .V0-,A1414_k.gorcPph . _. - „.. .,. . . - . . .... .. . ,. . . ... . , 20 tidt1.12n, Ot..43Stik. k:. ..::eabt fEla'Aef.,. .:(11-uyiers- ooniirt3.11 .tailt_iaidb..a22'Eariioiier,d:1 City I . 1 1Mat76:40, P.i;tP*9.1a_i...:,•04 titid: ::2446:016* :I* •rep.rj.,14y 1).).,t04,,.0-iti...5<.:ti,4, ..;* this iona# , I 44.:,1 withettawti), _ . . „. . : . , , . _,.. . .. *..s,,j..t. 91100.141: 944.4t.,n5ti‘_,uirg:1éb41,4 honor , 1 24 any ret4,0--thifiet. ot_ 4tibat7.6 aertabiattivai .liAaae- on he real, taiitopiatt-Ne -etwim-.1nb0 by, I 25'-th'gs17.2,4-5.7t V.4 sitooq.: ,. . . . .. . . ... ... ,. H ... i 1 28 -,. adti,:antreti: bit 4thiiid,...64-8, ... L , 1 1 1 . ' 27 . 1 1 - 29 .::-•••:''' '•- : •. .,,,,,X0 :•,,,-: -,. ' go c' a - K *..,A„,„ . .. ...t.k)4r.7ig'l.ice' ‘.,a.g..;f....a..1R t'.bl.y1l.1w;.: o:m32 . • ' • :19Afo 1 - Crikaiiw.: Itill.:(0 38 ItillYefriii.t;Nt• Eosp. ii±iadtbi a.dSigtth dais. . 'Seller' . .„ .. , . . . Date I i NOT Unless olhMliia•eXpr.bselr tWleif he term"nye means 0!etllehdAy;gefbngfbpshrees.gays.Business days um dojo as alt Os asi<cegl.$undays and holeSAtele6forTfiqhe:€1ehieh le feeeited 16 be 6dinPUIS pii ;qelyiqpY..,4paarcr a.holidaypae he Orfained-piAjotimi,b,04$&kby, 0M0niTANA M:sbeiATipN prRgvipt3c%:MI Ca.)2:00.0. • NA!Landmark 141.1 lie.biok9iiV107110RpIAR.154T 59113, ' 1 Hicino7406,556.500. 1:* 404.41321 Ja*10,0p witlli PP,11. Our Of-Wooed with AiFoni-0 by iipLogiy li3070 hneen Mile'Ragdif*et,MichlOan 4.0626 wvAvaeihogigedii I. I i . . I 1 , FADETN•DUM TP-1:3tiY1SE.LA, AORegIVIENT 1. I :! 1 Si FOR MVPOONAL PAOVISION.S: ;modrr. • 1 This is On addendum to 8 Buy/Soli Agreement datkuatifr 27, 2014 2 [ 3 betWeen es'w:of.BOOrrt4r1:3. -f4E. . . _ _ . (Seiler) . . 4. 5 and. lis1atioltt8n Eat . tit. isil Pthiddr,,,. River. doss. ttidi.andiss -assigns . (Buyer) 0 7 and Conb.c.eithlilV the following doStitihnd,prop.Okkkita4ttli Par) , Botidniaia:•, . . .. .. . 8 • i . . . . . I ' ' .. _ . . . . .. .. .. . ! . . W i _. . . 1 .41 Addi:Ortal PrIPM.W0nA,411. :of,.:$-0 . .±..11tatrkx.1. the .111m 1 F12 bObipn....1tareentent dated May 15, 2000 by and between John .11,t, ,IvMncle,9iild- aii,c1.Detana. 10 R., RandhYOlatas lessors" and IVi710:..,g4dingThOo.,; 4.-g; ton:',4 .4r A. 0.:‘,5440-ct, ....q4v06t,. 14, ., .. .. . tit 0,611. 4s, 45-0:Gintiorrfr!0?0,., MIE042,0-. with the slidatia :.othinit.ty cae-ik: and ,Rdd-citetat A hall 1 ... . .. . . _ . ltbe, .f0Prntaltast.1kY„.8.011.0v 'en.buyer at :-Ocitiitiqt. ..,,. • I . 1 1 to 7kre Snot'.shall •comroy, ±1TO,t1. 0.1)'_itt,OPOtty 4;# 14..ardiit:it aevEvet„, tffe4. 0±, all liens 17 gni11..r.annumb:nanans ezeept those ,dessrOattjin„ the i:h;f4a.n. ;:.±:ii;wXg4,*04 .MdinINialon'ib, ab . ... ... 1 18spo_nazga 11xv.--*,hq ) sync,„ The .warnanlav deed .14111 be .4.ateleaS ;Sa, eat a .1aindant..., the 1 .. . .. ..,... - - I f0.dLtegig. listed i..xt the warranty deeds AS..filed: im. *1116:T0-0-At of the ,.P0A4,#±111. I 20&uxvbvMerle,and. Recorder as ,DOsumenh go.s, 11.,,i2401:,. and ,sto.:grl, . . . .... ,...., , ... . . .. . 21 0141.1As.1114x*a$11/, agree to not filtisostaina-k-c:. in the .tialAitni#40i at ft440. Zqt0i419:6At on n:th, 111as&s,n1t:race-, colon, naltflort, creed, in*, con, ttattifka,1 , ath:ilt,, Watleaal I I a C.22V2:14.tiaz I:0V atp,41.. •ogi.p.ergati:tro.a isexual, orientation, :rgender taglikiitt:Ot' .,..... ..,. [ 11 I . . ... . . . . „. . . . — „ - . • ... 20 •read nt additlenal p.tocri',s,i•Ons 27.- ., - • --- -- "'• ' . ,.. , ,... ,. .. , .„. ,. . . _ . . . . , _ . . . . . ,_, , 2: :? , . " -" • . ... .. . ..x /1(.5 't .i. •',TI,-.- Y i'' 'fl 3rfe-ii9.: . 1 , 1 otydes:wifokt,.044tatx.-kirh, TibC &-itof,446t Me t Osl1er,s4s*:zsz;S6x.40bny Nu! ;0410t V r, ta, • Vttc . _ 36 E18Ye I 4:164 ,.111. 7ab k641.9c aSpignN [tato 5011de • • — Date NOM: 10100,000%;teq.:PNP,m0 MOQd.the tom Pays:'00Ane Oppd4t days 2.0 asIttv$inoss ghy&ElialilesNAmdre defined Ss All;t1aS!Nns eiNcOpt.SWOyi Ind holdays.kny,P,e10nompviiikb it re04a 0 besoppwrooriaUPT44.Si4a)N9r N f101040122.212[4flicithe pri Atm,WI taisiphaido, OMONTAW,i1,880,0gipki c.).?'.8FALT•9080:(C4140)4QP.a NM Isairri#1 I SI I INii DiekONON 411 BONemNa,NIT 597B PlimiNA06: 56.51:105 Fax 406586.13.21 huh)Ueri Perth NA Par PnOtEed With ZINForrn9 byNlikoNix 110910)01-14Nh Mite Rad,F4er,0100-0,4884 cii,,t,,F!bci,pix:09T,L. I i I ii Fl • �. a" '$)a y i'cn•`e�. ;i -k- 211 .bY �p `.3i' �LL. �: X ,43 __ c` -y1'p-"A F \ - iyyy� p.-4 ATAHOGNT.}} — -t yY-� t :Cc,--.7:::::;;;;.: --Cs--'- yY"-y _ :-.±-----_,- - t s 1 t.t t-zr, �E stiff- . ` N. - - -S - - r itIfftifftf_T-tifff-if•fiiiff--2:fl k 9 �i �'3 d ,---.1b7-49., � ; a=te'- ,'� '. ff.'= _ a :� -V-- --.:- - _Li---- I pv' I _ - _ rte- P _ _ a -. - sTs 4 f. •.u� - 1 _ --Y 3 „¢ t H' .1 _ -i1 1 g'1' : .IF a �. �'' tF�' ,c 3131 1 f ^t"',_ F-' 3 - 'u`' a 'EA 411:;ST �� AL i - -. 6ALLA1 ARK OR - _ t;flit • t .g �.- _ "E4�` - - 1 i - y f_f 1t f E C.:4_,-;'51:-,; s�'� 1i f es (_ e 1,flEt ; }F a` r - iiq y,.1 a'fi C Zi ;}.2s ,,.2- N3�.. S' -„._.:a,__,4-2--:"1:1-'47,, -- 11 4 3 1 --. , - Y .5'�r d �,t > ,.1 _ .1 1— -- _L":1,,;,,::-I. _- f°.S y.s t ��.g CE"i.H kT -tf 6IgW.Ik -t` _ Xy '' y a1 i >':`#1rk _-t -S '-t f __ a - °, �� # mr--r '.ir'k�' - -- Y _ _ '£E §il e A€ e p 2y�m yp k _'�:�-� fi`. j ie Jc - :;-41i-Ir lam'" `• R zatArz ..=i rte' �Z ,. - ' ;~` ^?. ' s"- '-''.',7: cA.--"-'-. ,C -. -_�i t r �i- PH Feb 2H 201401:41:06 P11. • • • CITY OF BOZEMAN—COMMERCIAL AND INDUSTRW.ZONING DISTRICTS(CHAPTERS 18.18 AND 18 20 BOZEMAN UNIFIED DEVELOPMENT ORDINANCE) Ixe.pa lam r ,Awad Ube Amaaplbw &7 INd91+b 5vud gmvomaa¢md mrtn®mmi mite eummabLpagiagbeo. £e.ambssa ism East*wi FmrMa 5.280Lobllofretv�r &Tothma 31 Waling oda Emirwm®drldl aryp:bdm sad eav5nmaJ®mu:m::.o®a:q c.weer. ..pvamebee Racy aed lana.within gym le emnm'mee u:e.mmzed; ---------------------... .. ,_, _ -- „---- - - --. „,--- __ . . - . .--- . . .. . ... .......-...----- --• •• • crry OF BOMMAN-RESIDENTIAL AND PUBLIC LANDSAINS1111.111ONS ZONING-DISTRICTS(CHAPTERS 18.16,18.22 AND 18.24,BOZEMAN UNIFIED DEVELOPMENT CIRDINAI1C,E) Nn pa Um Cantelend 1.6e Aoten55015•5 Let Caramg5/Fkor Ann I LotArn latlArfal Yartip 1355511rez Hsi& • 15.5 atifeldwgcd Subutun Agienimml tun.2.515.1a mew=ine/rdansic mentheyetweLartdeg scsaim51 Feeenperthew.o.patiman..,1555x-ftned Fa trete'gLaeraeareacm For ii.ninslace sidynt RA.aid.%bor.100 15555515.*Ion.35 55o[fnet.Z5 24 feet mot Vimit-.I= CleirkI) hethc group dap='ionic pal&md rencrte pd.= uen ea IS mon owlmntbed old Ikulatinnpeinsegerepn pant ee icio.dy than 15 pseen com555..••••••5:5.5.5.5 5nc. ,..55.55,•=5 5.55scic JO gen mai Sax alZoermatnbatc..12: auLudiciikerrliarrel ea pammest Ga.-34S. tnafuaceam.fteitzeblm creed commode"attumretseaniead. .Demme:Led than&525 ant ctc Detentheed thzooje the Deemnel.dmatyth&BMA, 115:thmorplerinkl2orneserbut 5:12: znie-Innchold de dlthp enmarualereeemeneemnuma." Saain.pe.ele sicenar mead brains PM pre.c.en!mealy Fv.•aminthet with PM peentem h. Pomba be wrly smakr)toe nfeentnepimh•LI oe simmer . cuidentha Sates caapeemn pirate v56[15554 Mumma=Svc theetedlon tnannrdarenee make newly ammtd lett - hanth.g.deratre man:golf moparzercmax5a5 becEnnoryzen 5ewer...emG • couseg hothe-beserlInsman tenreeny Wes ad offeebtuldiep:e.ol,&d, Domed theeSt the eamicul . ick pod.vcrwthn? 1:5-D penethace theEnly ti.sex 17DI eepIntlerla • - ; 54 iRmiclonEfnEUreSs. ?only dye=hous row&Ince In.:551,6c.ind .455.55.ery4.5.515men• rennyeetc.unsuctesnhen...asel Nee mat tbortallemene S5ni F55555554.5scholt 50 thn time.=itetairsmono meta 24 tea zoOtpich 31. Haumbaki,Lcnv D gently Fine pnk,onstrinereilnath en pamsnrt commaniqotheze5 earner been...;?thin peasn Rya alone,' . liV5s.5,5555•16,e MIN EU teetadjecen ea sokatra.1.5 Manna link 1.2 orzreem las•5:1th Protrk1). thoodadenn=#055355=15 dulangc vnidemiel 65z5hin=venire ..med,thomiunitt cruet at reanicai kit SIX=MI kali 32 Enna*1502 orretar En M24 tnei5gdr,cutemien$55/1 Bain pith=seamourte=tad finThien gar.=&nazi.Sjece5 ea 54 San:65;555h 5,1555655.55 CO4rte.kCee-beed busatsse.. pignt eel*le and beettram.55'44 . null: . Ms ranparnymulaucheetbaercr5 055.554 Scle..5&a- taciporatylidu sad eiratairar.a.ltheds Cnage.2.15m5 • . R2 illuidereal Two. Aceecuy iredling wieder*&rem boont.5.1 Sed.ud boalibncommomay Vont smeethmanopetleandmeolaned No'tmata dna.5:I mom, 5.5),the silftionchalch 95 fal 65”5/55.• Pconr.35 thex afiscent n xentieh• 24 kerma pide C5a1Z House45/41.Asellitith Dead* darn hemur.356555551 palm gl;camerameretl ceogem commutilyrnikniii bouvenslinntern.:5515.55535,54 55:07 per tonthecun Inseholth a,6555 ern=to eaeacc.15 ZS'S=not End,Ili oe gate bIICa..% Mirka') ' Lames m.pc enmenctommtenar.singrabathehold fete;coopenive lamb% otracd Cann*Um lere•rreanimui 6,550theyst.bovsel531* G)Ecel tarn. cltea enen bleak 52 kn.roof Ditch Eelletzeane6t•49:1.% : - antE5E,Mva.houselmid nllina5wnhinum 52 &tore ceene5055555nn hen. therdnPe5555.5,55...5555.4555"n inladdEempl En ACV. knahold and AWE R . tect.2.55,:taistene in 34 edit th 9:11at Feu. strathed min) bc.“51 business=PL555 "rine.56tIcend tosi smagG gip"; se555545 remfanyeenetrocrion ballialcl acre* £J,.5 0.c . . ...party eak-pad eathloilermgx eel Am& Canoe 2)ten . 54 rbildered Mocalltr, ..ica“zay thetting wilnoyea.noninelidgethal %tic/Union Siarkg bectaiii 'Pena gretehaue.4 pethameamme.bend Not mote dna*pennt sew kni.sitkatnhAt 4 frer(snip*. Fen..>24..4.....nat. 521.55.555•55-54Z - De5•55,1Selricl) 15:5;ben coop:therm leothiepdeprueennee5femly lanklameasersena* ec IntEetftgrinktal55515,14555155555 603D the en.hoinholth .1thunmith . 20 h.51*keen to eellnaoce.15 55.523 mei ritch II2 or veva but.fcM 5.55am ham=ram day.%ban.pith&and prime Ent*.neecirriougsenname. owned ttothamkpaserat mottelond. IP5tmetreittbcebse.ae 60 fea be Tn.ED thus ketmr.p.earma Ian§ •50thatmotpieels&it cc gitrw.but."555.; • peen mvaficruccel Iona om puma= lituxIbnenennzkdzier5man that5npanite'amnia caemetf.15.lendellooysingle.bowenkleverzacnrom. gn%g.s; - 13d 55thold end SDI ....21155eL15thereskoecnP1,5 ?Sem <2.552555orp4da th15...70....... . nanttetnn Cal arninioniths math ummehold dnEmcp:ther.o.oe foreauxmcbal eaeppamtnconenica testi:T.ot-ndc 55005555kcaltee 51)157 for mnalkane Sth..5 Sze dnirnr; ,,hot_ES=acted thiez Wan) eenansi ales smi ar...bvi,asz€,c4=bss . emac.213 fat R455eidenEd FA*bwraly Amine 5...16..ff wan oreamanbcd r+74 .5.vined 3rthg dthelyot eat Amen smathousnguthelemscaomnbesed Nocconcethra 50 mese 5•Calknatzkdcnisholth 50 Ein For dog),or noth.2.5 5.sepcoat to seas; 35 kw motpleth••YL55 061154 b•n15...“emenmitynekkarbucHienteapmairre earmweit mum:lame hoed busfrees,pricnen...pinse 05 i555,57 emu ter tweassehat 5.54.55.5,55,5e 20.5eet5c55555 m cork.aaa..15. 38 komo4152&12.5csmeterbez hlt .hamtInettant c5,5555.emeeded st...1.55.1p. 15i5zencnincliataficei.thics onnleasprmitycepeatretenthesinael IMP pt bethect.or 50 kw for Canlo Sat- fen await 5.1.xak a fecteepf pitdifel1vcrteerlva Mk. &nay dorryze/mum Icuurapad-.;ip-pief Am; red ceenpatEces in impala-Soy FetretrorrntefeDecim-retctMael fatrzia: 5:55.ouninktand bc52.0.11s5A15.14: 5, a,5,i335:n*5:m5th 41(serrootpitth'5.12.ortmenn Iran 5555-..1.5n1555thlOnne5T5thk554 ..:55,dre.1555-55150, p.m=velekle ped Inamerrage,sign tanbaaon {Wei oti.nathethie =54ln p4 mpte14.9maufaciumi hems on M..... venpectr,eamtmerion bairrings eerni5 51531forapanco-let for toca.,,,t- sks fre4 eumfeCanc 15,05...c.seha4 dscringn en- • temponty54ti and afice bail:lisp;mei Meath &a, Csmac ZOE. . Ithosehold thieGig5then.ac•theanneheal . . . 1,131thrvinmeon-nth 4'4N%ienhow,(5 studied thin,Ac lintrwgzatefon taanhene @ea dam 5 ctrJled mkt) t.CCO ea-inns.]bac.ADes. MO(Raeidonflal 0+51.55 545mantychvelliegnixstanmcom 5....n.1 15.5.1.45551thstat.a..51155 Patt55 porthonta.pinthonanme-bmed No t erns ibmitt peroat SOW brlinsk-honehobt al feet Etc iask-ec Fitat255tetsiketa m nn6•14. 11 Etemort5.41.11.2. Dkirld) Ling ietdr cat ezml:1521:bestn.4 bombe.; bus1.55.4t5 5555th 11.,555 Pm..ar im557 555ththknn WO be two.b.intelvatd. tre-Yugh475} 20 feetarplint co collecton.15 311 Eta not puck NU oe grurpu•bn ati 5.5mnuadey'enten5ommothaity toendalban; °end carnmaier emcee,nexerimul. Noe mace lam 60 rent. IMO pththit fen glut-or 40&ex fee three-n fato- leemisceer ea Inept 42 Cenral,&eh/o2 ergnmechn<5752: ceerienen honing daymc cent.;coastal nay inlhin Fenn•manwane cam,&Men the notues4.52551.mind foortnucllotand Imuclxiiel 0551 5tOt-5. Rot.=fec5.2.5tai xgricnitla 11 fectrootpnt 9:12 cepurer lodging;finc3555yacebneer:Fitt:Dig aid'comity petneveler.lemadlnente55<thIni: use mrslaun WWII alaredoe lithe. m555.515 homr•rop litneckgrag Wen housegarmen imataamenennecrne bask,Kr,* SAO fix.parr-Sm. kw tex-Jancia ' S.dr..3(cm pill&act Ninth pectrumourinmelhams on empormy Fan zed glare bu5dthr.nal 4.hede "C.54 Genze.,23 Ru. pennant 6.51sino.tme5.1.5137n,A.6...5 1250 thespian:ergs-55th uneter..13s3eJnoahald ektia.p.r.e.h.. hotd dm3550.Fict6n5 . dnalr.sc dn..or tetrinshold chrtther; 1.000 Adt6tisal Fax 5.1DVe tenleau.5 inched ertha rgle•44.555tmth Inthe 51E55 irOchtd mkt) DM Amidentml FueZytInere lionthroup depute lamm vat gad' Comma:fry*amen eteeeurd Penn Itherebeed beaseneu pence presnk Stalwart An 50penrn 35:05 Nun Ewa 50 fen Fmata.5 fete en.,55 meals. 2.4 ten nofpitch.5251th Nanvfachuod privere pael,thnupbenaed&ma an remnant %Annie]thatcr:neneri55 pcl,Vx or jthri'dy Oncd COn'esmaily cm/a Ot 20 fres nthiceer in coRecno.15 Laeamof pie&Ill'event bt5 SIM H,.....c.,,,,,nar Eyamd) fermeletkAr.numtifiand home ccomnan kn•ernAderueaumnppl.5 reowniama firsWt‘pzinn smommermant %a Mica'n le5515 II Cm owetp.itel,&la bet..-.11.5th recta:scowl wig&poi 15645.65uselnkl anlIms, cavanbare-tend beemacce.. hang prays nlicle mad Eon seaman von Rese,20 Fee.25 fen.5ocent.th I6 eta recepirch,12 crezeszei "ins TcliCk ft 1.71510me.te liemparfibitilnaan&deep at,VAG - Fliaa1/4 MIX&tan,or beim PrDd. tenInuilake sd ofFex buiellipaccle.lat 53,553', • Cm'mg.25 ha NEW!!Worths:53 SIM,* nun urn dewed il the 114;ad 25-1&mica . llose=alined Ian tliarverl 55 tens icer....”.-.samba ia tic 11,..2.455*.ewellimt55 seat SAAI 5:n Ss ,, Roa 520 fox 45 En liaacl We Dietricl) %imam 1.50 qt..&stark. the 11...153.13.1-t.55c5....enpr 3.1-1 Anna ionniketitun ' 5505 Eash‘54.155•153,51d; Itnexect 454.3 ten .th5.0..5.5*.n.mps:54...amilm-55. Pada{ttratmatsidat IMO pS.W22111:1161dGig Rew0Cak Mlient,**Y.5 5.1c ram5,51.5Di ute, rat• . _ RI(Pa&Innela aid 5zahulumenine.sem.catinemannon... Emycana cert....DEW ante lulia ()therbothrtng and neve.=tniadr Pa eice Inaclusith of %II'.041artalfall Nsteitterietat N....en •554.555,e,•55, No.eopsizaner Insfilullerni Werode mad ailind EISA.mod cd•75555055 5551 him Ecr balers e.t.a,,to pritietvas inmixed Inland poking. vine let LI ariacent to mocha befic5as...peak sad nowieroth....pobic 5.5y be ocem:e51.7 asocc ti;..Ink mai*Att.the iredmeansi pabay end I:md as thepan,etc buil/asp seme n the.5555.58555.5th .___•-_ _-__ _ • • • • • Mandeville Farm Bald Eagle's Nest "NN 1.. ; 'F Y F M1. J ` 1 5" C t T h It T vi4 y �ffa .x. .. e- lMkt ,i.4, ,Nest { 55 riti a .$ r P i 4Wa . } 4 keg.--its if, t Vi-1111t444-414-='- + 6 i *let >" ,W r �� .01- _ �'!p 3is f r , -4,;a' 4'2,-.-V-.-.T:41-4,1.5'' ry art` i. r v t`4:13 - �: ,K ` ' }##f m_ ' 3414t fix: C Sys ,=,s.,,w—.�niyg� ...,? a, _ r �- xa �..+ �' -"Ca' ° 3 ?'.3' ' - -•. IL ext -'`._; Nest location with 1/8 Mile(660 feet), 1/4 Mile (1,320 feet)and 1/2 Mile(2,640 Feet) radius'. l I 6 i I Montana Bald Eagle Management Guidelines: An Addendum to Montana Bald Eagle Management Plan (1994) Prepared by: Christopher A.M. Hammond Montana Fish, Wildlife and Parks In Cooperation with the Montana Bald Eagle Working Group Suggested Citation: Montana Bald Eagle Working Group. 2010. Montana Bald Eagle Management Guidelines:An Addendum to Montana Bald Eagle Management Plan, 1994,Montana Fish,Wildlife and Parks,Helena,Montana. PURPOSE AND INTENT � y This addendum to the Montana Bald Eagle Management Plan(1994)was prepared to address recent changes in federal bald eagle regulations. The 1994 Plan still provides the most comprehensive discussion of bald eagle conservation in Montana. Information covered in the 1994 Plan is not repeated here. Bald eagles (Haliaeetus leucocephalus) in Montana were removed from the U.S. Fish and Wildlife Service(USFWS) list of Threatened and Endangered Species in 2007. Although bald eagles no longer receive protection from the Endangered Species Act, two pieces of federal legislation still provide protection: 1) the Bald and Golden Eagle Protection Act(BGEPA) and 2) R h the Migratory Bird Treaty Act(MBTA). These two acts provide the legal foundation for the National Bald Eagle Management Guidelines developed by the USFWS (2007) and prohibit killing, selling, or otherwise harming eagles, their nests, or their eggs. The national guidelines provide landowners and land managers with a set of recommendations to reduce the potential of disturbing eagles and to encourage land management practices that may benefit eagles. Although the USFWS guidelines are applicable throughout the United States,more protective state guidelines are often appropriate in areas where bald eagles have displayed greater sensitivity to human activity, and in the relatively open landscapes of the western states (USFWS 2007). This document addresses those concerns and establishes recommended guidelines for bald eagles in Montana. Although compliance with federal and state guidelines is voluntary, disturbance of eagles is prohibited by law. These guidelines are recommendations based on the best available science and proven conservation measures that minimize disturbance to bald eagles. They are designed to provide land management agencies, land use planners,biologists, developers, and others with recommendations for minimizing the potential of violating federal and state regulations. Compliance with these guidelines does not remove liability if bald eagles are disturbed while completing an activity or project. However, federal and state agencies may focus on investigating and prosecuting individuals and companies that disturb bald eagles without regard for their actions or fail to implement conservation measures recommended in these guidelines. REGULATORY MECHANISMS Bald and Golden Eagle Protection Act The Bald and Golden Eagle Protection Act(BGEPA)prohibits anyone from taking bald eagles, their eggs;bald eagle parts, or their nests without a permit issued by USFWS. A recently clarified definition explicitly defines disturbance (72 Federal Register 31132) and protects bald eagles from impacts of human initiated activities primarily around active, alternate, and historic nest sites. The definition of"disturb"includes any activity that will cause, or is likely to cause, based on the best scientific information available, 1)injury to an eagle, 2) a decrease in its productivity,by substantially interfering with normal breeding, feeding, or sheltering behavior, or 3)nest abandonment, by substantially interfering with normal breeding, feeding, or sheltering behavior. Civil penalties for violation of BGEPA start at$100,000 or two years imprisonment or 2 both for a first violation. Felony convictions carry a maximum fine of$250,000 or two years imprisonment or both. Fines are doubled for organizations. New regulations under BGEPA allow for the limited take of bald eagles, or their nests, when the take is associated with otherwise lawful activities and the take would be compatible with the preservation of the bald eagle(74 Federal Register 46835). Take is defined as actions including P to pursue,shoot, shoot at,poison,wound,kill capture,trap,P P, collect or molest or disturb bald eagles. Compatible with the preservation of the bald eagle means the actions would have to be consistent with the goal of stable or increasing populations. Under these regulations the USFWS may issue take permits,based on regional population thresholds,to allow take that results in mortality of eagles or an eagle nest under special circumstances. The final rule regarding take permits was published in the Federal Register on September 11, 2009. Information on the types of permits,permit application process,required monitoring,mitigations requirements, and the application review process are available on the USFWS website. Federal permits are only valid if the permit holder complies with all state and tribal regulations. A state permit may be required. Contact your nearest Montana Fish, Wildlife and Parks office for information on Montana's current regulations with respect to eagles. Migratory Bird Treaty Act The Migratory Bird Treaty Act(MBTA)makes it illegal for anyone to take any migratory bird, their eggs,their part,or any bird nest except as permitted(such as waterfowl hunting licenses, falconry licenses, or bird banding permits)by USFWS. The definition of take under the MBTA includes any attempts or acts of pursuing,hunting, shooting,wounding,killing, trapping, capturing,possessing,or collecting. Misdemeanor convictions carry a$15,000 fine or six-month imprisonment or both. The maximum penalty per violation of the MBTA is two years imprisonment and a$250,000 fine. State Regulations The State of Montana also has regulations in place to protect bald eagles. The Nongame and Endangered Species Act(MCA 87-5)mandates that the state"provide adequate remedies for the protection of the environmental life support system from degradation and provide adequate remedies to prevent unreasonable depletion and degradation of natural resources." This Act has similar language to the MBTA and states"it is unlawful for a person to hunt, capture,kill, possess,purchase, offer or expose for sale, ship, or transport any wild bird, other than a game bird, or any part of the plumage, skin, or body of the bird, irrespective of whether the bird was captured or killed within the state, or to take or destroy the nest or eggs of a wild bird, except under a certificate, falconer's license, or permit issued by the director"(MCA 87-5-201). The penalty for a first conviction is a fine of up to $250. Penalties increase and may include jail terms with subsequent convictions. A state permit may be required for activities related to take or disturbance of eagles. Interested parties are encouraged to contact Fish, Wildlife and Parks prior to applying for a federal take permit. 3 jl I RECOMMENDED GUIDELINES The USFWS National Bald Eagle Management Guidelines recommend relatively small buffers around important eagle habitat and may be more appropriate for management of bald eagles in eastern states like Florida and Michigan. Both these states have much higher bald eagle(>1,100. nests) and human populations. In Montana, most bald eagle nests are located in rural areas with lower levels of development and disturbance. Bald eagles nesting in rural areas often are more sensitive to human activity than eagles that have chosen to build nests in the vicinity of pre- existing human activity(Millsap et al. 2004). Any activity that disrupts breeding,feeding, sheltering, and roosting behavior and causes, or is likely to cause,nest abandonment or reduced productivity,is considered disturbance andis a violation of the BGEPA and state regulations. Appropriate management recommendations must consider when and why bald eagles respond to human activity. Some seemingly benign human 1 activities, such as hiking,may have greater potential to disturb bald eagles than watercraft, vehicles, or loud activities (Grubb and King 1991). Regardless of the activity type, the ! underlying common factor in most cases where bald eagles show response to human disturbance is that the disturbing activity was visible from the nest. Vegetative cover often conceals human activities and may reduce disturbance potential on bald eagles (Stalmaster and Newman 1978). 1 In areas where dense vegetative understory and overstory are absent eagles respond to human activity at great distances. Disturbance may result when human activity is unusually loud(e.g. fireworks or personal watercraft)or the activity breaks from the normal pattern of human use in the vicinity of the nest. For example, eagles nesting in agricultural areas may tolerate the operation of loud farm equipment nearby,but become defensive when a person walks close to the nest tree. i We recommend seasonal restrictions and visual and distance buffers around nest, foraging, and roost sites to minimize disturbance to bald eagles. Some activities may warrant a combination of seasonal restrictions and buffers to ensure compliance with regulations. The first buffer is a visual buffer that is based on whether the human activity is visible from the nest. The second buffer is a distance buffer determined by the type of activity. We provide our recommendations in the following text and summarized in Table 1. Modifications of these guidelines are allowable through the development of site-specific management plans. A framework for the development of the site-specific plan is presented in Appendix VII of the Montana Bald Eagle Management Plan(1994). We recommend a biologist 1 familiar with bald eagle management and ecology develop the site-specific management plan. Seasonal Restrictions Responses of bald eagles to human activities can be highly variable. Regardless of this variability there are well-established time-periods during which bald eagles are more sensitive to 3 land management and human activities and are particularly vulnerable to disturbance (Fig. 1). Seasonal buffers provide individuals and organizations options to conduct activities outside of the sensitive periods (Fig. 1)so that short-term disturbance may be mitigated or avoided. The R3 recommended primary seasonal restriction is from approximately February 1 through August 15th. However, bald eagles nesting in habitat with later nest initiation dates due to 1 I 4 elevation or weather(e.g. Glacier and Yellowstone National Parks)may benefit from activity limitations beyond August 15th due to later nest initiation dates. Note: Seasonal restrictions will not apply to unoccupied or alternate nest sites. Seasonal restrictions also do not apply if eagles have fledged, nesting has failed, eagles have left the nesting area, or if eagles have demonstrated a tolerance to the activity. Unoccupied or alternate nest sites should be protected from longer-term disturbance by implementing appropriate distance buffers (see below). Recommended seasonal restrictions from approximately February ft through August 15th for the following activities (See Table 1): o Construction and maintenance including buildings roads, trails, or any other outside construction within direct line of sight of an active nest. o Loud noises including fireworks,blasting, and operation of forest harvest machinery(skidders,trucks, chainsaws, etc.),jackhammers, construction equipment, etc. o Forest management activities, thinning, and fuels reduction including all activities associated with the removal forest vegetation around occupied nests. o Concentrated recreation including,but not limited to,hiking, bird-watching, fishing(on and offshore),hunting,boating and use of personal watercraft. Jan. Feb. Mar. Apr. May Jun. Jul. Aug. Sep. Oct. Nov.Dec. •Nest Building/ I - Courtship I Egg Laying/ Incubation ' T Hatching/ 4s Rearing . . . e r' Fledging s %/%��/��/,1 �� Wintering D%/%/////OOj A i Most Sensitive �- Moderately Sensitive x"er9 Least Sensitive rA Figure 1.Time periods for relative sensitivities of bald eagles to human activities in Montana. 5 Visual Buffers Bald eagles exhibit greater sensitivity to disturbance when activities occur within full view of the bird(Grubb and King 1991). Therefore, existing visual buffers within%mile of nest sites should not be removed, but enhanced if possible. (See Table 1 for distance conversions.) Effective visual buffers should take into consideration topography,ecological characteristics, historical and proposed land use,human activity patterns, and the nesting pair's level of tolerance for disturbance. In some cases this may deviate from the standard recommendation. Examples of alterations to visual buffers include,but are not limited to land clearing, the construction of new houses,power line construction,timber harvest, and fuels reduction. Recommended activities for visual buffer maintenance and enhancement(See Table 1): • Managing forest and riparian habitats to protect and enhance important habitat components (i.e.perch trees, visual screening, etc.). • Thinning around large potential or active bald eagle nest trees to protect them from crown fires. Thinning should be done so as not to compromise visual buffers between nest trees and potential human disturbance. • Placing new construction(homes,buildings,trails, boat launches/marinas, etc.)only in areas where visual buffers around nests can be retained. • Retaining a natural buffer around active nests, alternate nests, and large live trees and snags during fire protection activities that meet Wildland Urban Interface safety requirements and recommendations while providing visual security for bald eagles. _ OA _ 6 kh P $ . Ee BR Example A Example B Figure 1. The house in these figures represents a human activity that may disturb bald eagles. Any activity that may disturb bald eagles can replace the house in the illustration. Example A represents a scenario where the visual buffer is inadequate. Example B represents a scenario where the visual buffer is adequate. Notice how the line of sight in Example B is obstructed by existing vegetation. The distance between a disturbing activity and bald eagles depends on a variety of factors. 6 Distance Buffers Potentially disturbing activities should not occur within 1/2 mile of active and alternate nests (for territories occupied within the last five years), although some activities may produce less disturbance and recommended distances might be decreased in areas where visual buffers obstruct the direct line of sight between activities and nests,perches, and roosts(Table 1). In addition, in areas where sources of disturbance pre-date eagle occupancy,where eagles have developed a tolerance for routine human activities, or where activities similar to the proposed activity exist distance buffers may be reduced(Table 1). Any reductions to our recommended distance buffers should be done in consultation with a qualified biologist and justified in site- specific plans. Distance buffers are intended to apply to activities near nest sites, concentrated foraging areas,and communal roost sites during the appropriate season of eagle use (Fig. 1). Bald eagles concentrate in areas with abundant food resources during the non-breeding seasons. Roost sites near open rivers and lakes can be used routinely in winter. These concentrated foraging areas and associated roost sites, when used, should receive similar protection as nest sites during the appropriate season of use. Extending distance buffers may be necessary in open landscapes where visual buffers within 1/2 mile of nests are not possible. Buffers based on tolerance for routine human activities may be assessed through consultation with a qualified biologist. Tolerance may be evaluated based on proximity at which an eagle displays vigilance or avoidance behavior, agitation, and/or flushing. Reductions in distance buffers should be justified in site-specific management plans.Note that unoccupied nests are still protected by law and that destroying nests would violate both state and federal regulations. Recommended distance buffers of in the absence of a visual buffer(See Table 1): • %mile for the following activities: o Any activity that will result in more than one house or permanent construction to include commercial use, buildings 3 or more stories high, activity that would increase human use, or project with a footprint greater than''/s acre. o Construction of new marinas with routine use by 6 or more boats. o Any use of explosives or activities that produce extremely loud noise, such as blasting,use of jackhammers or gravel crushing equipment, or fireworks. o Forest management activities that include harvesting and heavy truck traffic in areas that don't normally have that type of activity. o Construction of new above ground power and utility lines. • '/ mile for the following activities: o Any permanent construction to include single home properties (<3 stories tall) and outbuildings. o Any construction of infrastructure such as roads and trails including dozer lines for fire management activities, except when specifically constructed to save a bald eagle nest from fire. 7 o Forest management activities to including timber harvest layout, snag removal, prescribed fires,planting, and thinning. • '%mile for recreation during the breeding season such as non-motorized activities including hiking, fishing,hunting, camping, rafting,wildlife watching,biking, as well as motorized activities includingautomobile use, off-road vehicle use, and boat and personal watercraft use. Note: Recreational activities that involve continued movement through an eagle territory (e.g., rafting)have minimal impacts on nesting bald eagles compared to activities that include stopping(e.g., camping, anchoring fishing boats) or constant human use within a bald eagle territory(e.g.,popular hiking trails). • r/a mile or 1000 feet above nests for helicopters and aircraft during the breeding season except for biologists conducting bald eagle nest surveys. Attempts should be made to coordinate bald eagle nest surveys between agencies/companies to reduce the potential for disruption of nesting activities due to duplicate surveys. Table 2.Conversion table for recommended distance buffers. Miles Feet Meters 1 5280 1600 1/2 2640 800 1/4 1320 400 1/8 660 200 1/16 330 100 ADDITIONAL RECOMMENDATIONS FOR BALD EAGLE CONSERVATION A more comprehensive discussion of bald eagle conservation recommendations can be found in the Montana Bald Eagle Management Plan (1994). Reduce the potential for human caused mortality • Use lead free,non-toxic birdshot,bullets, and fishing tackle throughout Montana. • Remove road-killed animals from alongside major roadways. • Avoid pesticides where bald eagles may scavenge. To reduce secondary poisoning limit the use of anti-coagulants and other pesticides and ensure all herbicides,pesticides, and fertilizers are disposed of properly. All use of chemicals,including the application and handling, shall follow applicable state and federal laws. Conserve Habitat • Protect and preserve habitat as described in Montana Bald Eagle Management Plan(1994) especially within %mile of water. 8 jl r ' • Protect patches of habitat for nesting and winter roosting. • Actively manage forest stands to provide future nesting and foraging sites, and winter roost sites with an emphasis on retaining large trees and snags, and protecting habitat for fisheries, which are an important food source for eagles. • Stimulate cottonwood regeneration with natural flow regimes, exclosures, and other tools. • Encourage coordination among agencies and landowners to identify opportunities to modify land stewardship practices that may benefit bald eagles and improve bald eagle habitat. • Evaluate effectiveness of bald eagle habitat enhancement activities and share effective management strategies with others. Minimize impacts of new and existing energy and communication infrastructure Additional conservation and management recommendations regarding utilities and avian interactions are available from the Avian Power Line Interaction Committee. • In areas where mid-span collisions are a problem,near rivers and streams,nest areas, or other flight corridors,bury powerlines whenever possible and ensure proper spacing and marking for above ground powerlines. Orient parallel transmission lines horizontally over stream crossings—don't stack transmission lines vertically. • Use anti-perching devices in areas of high prey abundance and concentrated powerlines to reduce electrocution of eagles. • Position wind farms, communication towers,and high voltage power lines away from nests, foraging areas (areas with high populations of ground squirrels, fish,waterfowl, etc.),winter roost sites, areas where bald eagles may concentrate, or in migration corridors. • Erect power transmission structures with a minimum of 60 in. between lines for bald eagles to minimize eagle electrocution. • Ensure power transmission equipment installations are raptor safe by insulating bushing conductors,using covered jumper conductors, and covering arrestors and cutouts. ] • Use existing roads and right-of-ways rather than build new ones whenever possible to reduce habitat fragmentation that can negatively affect eagle prey populations. 9 Ft i". �N 3 CONTACT INFORMATION FOR ASSISTANCE Montana Fish,Wildlife&Parks. U. S. Fish and Wildlife Service Region 1 Montana Field Office 490 North Meridian Road 585 Shepard Way Kalispell, MT 59901 Helena,MT 59601 406-752-5501 406-449-5225 Montana Fish, Wildlife&Parks U. S. Fish and Wildlife Service Region 2 Billings Field Suboffice 3201 Spurgin Road 2900 4d`Avenue North, Room 301 Missoula,MT 59801 Billings,MT 59101 406-542-5500 406-247-7367 Montana Fish,Wildlife &Parks U. S.Fish and Wildlife Service Region 3 Kalispell Field Suboffice 1400 South 19th 780 Creston Hatchery Road Bozeman, MT 59718 Kalispell,MT 59901 406-994-4042 406-758-6868 Montana Fish,Wildlife&Parks Region 4 4600 Great Springs Road Great Falls, MT 59405 406-454-5840 Montana Fish,Wildlife&Parks Region 5 2300 Lake Elmo Drive Billings, MT 59105 406-247-2940 Montana Fish, Wildlife&Parks Region 6 54078 US Hwy 2 W Glasgow,MT 59230 406-228-3700 Montana Fish,Wildlife&Parks Region 7 352 I-94 Business Loop Miles City,MT 59301 406-234-0900 10 Table 1.Recommended distance buffers (with or without)visual buffers and seasonal restrictions for bald eagle nests (active and inactive), concentrated foraging areas, and winter roost sites based on activity type. Recommended Area Buffer When Recommended Area Buffer No Visual Buffer Present: When Visual Buffer Present: Seasonal Restrictions Activity Type Activity is Visible from Nest Activity is not Visible from Nest Recommended(Y/N) I. Single buildings,including single family homes with outbuildings 2.Linear Construction(roads,trails, 1/4 mile or as close as existing 1/8 mile or as close as existing (Y)-No thinning,clearing,& pipelines,powerlines) ' extemal construction during 3.Forest management that includes tolerated similar activity' tolerated similar activity' breeding season. harvest layout,prescribed fire, planting,and thinning 1.Any activity that will result in more than one house(and associated outbuildings) 2.Any project greater than 1/2 acre 3.Buildings 3+stories 1/2 mile or as close as existing 1/4 mile or as close as existing -No thinning,clearing,& 4.Marinas(6 or more boats) tolerated similar activity' tolerated similar activity' external Construction during 5.Forest management that includes breeding season. timber harvesting and heavy truck traffic 6.Above ground utility lines Recreation 1. Non-motorized Recreation (Hiking,Fishing, Camping, Rafting,Wildlife Watching, (Y)-Limit recreational •Biking,etc.) - 1/4 mile 1/8 mile activities during the breeding 2. Motorized Recreational season where eagles do not Equipment(Boats,Personal demonstrate tolerance. Watercraft,Off-road Vehicles,etc.) (Y)-Limit flights during the • Helicopter or Aircraft 1/4 mile or 1000 ft above nest 1/4 mile or 1000 ft above nest breeding season except where eagles have demonstrated tolerance. (Y)-Restrict loud activities Blasting and other loud noises 1/2 mile S - 1/2 mile during the breeding season except where eagles have demonstrated tolerance. A similar activity is defined as an existingactivity that has a comparable footprint and equivalent human disturbance,whether direct or indirect,of the proposed activity. For additional explanations please contact Montana Fish,Wildlife and Parks or U.S.Fish and Wildlife Service. 2 The recommended seasonal restriction occurs from approximately February 1 through August 15th. 11 ti REFERENCES Anthony, R. G. and F. B. Isaacs. 1989. Characteristics of Bald Eagle Nest Sites in Oregon. Journal of Wildlife Management 53:148-159. it Anthony, R. G.,R.W. Frenzel,E B. Isaacs, and M. G. Garrett. 1994. Probable causes of nesting failures in Oregon's bald eagle population. Wildlife Society Bulletin 22:576-582. APLIC(Avian Power Line Interaction Committee). 1994. Mitigating bird collisions with power lines: the state of the art in 1994. Edison Electric Institute,Washington,D. C. 73 pp. APLIC(Avian Power Line Interaction Committee). 1996. Suggested practices for raptor protection on power lines:the state of the art in 1996. Edison Electric Institute,Washington,D. C. 125 pp. APLIC(Avian Power Line Interaction Committee).2006.Suggested practices for avian protection on power lines:the state of the art in 2006. Edison Electric Institute,APLIC,the California Energy Commission. Washington,D.C. and Sacramento, CA. 207 pp. Arnett,E. B.,R.J. Anderson, C. Sokol,F. B. Isaacs, R. G. Anthony, and W. P. Erickson. 2001. Relationships between Nesting Bald Eagles and Selective Logging in South-Central Oregon. Wildlife Society Bulletin 29:795-803. ' Aron, C. 2005. South Dakota bald eagle (Haliaeetus leucocephalus)management plan. South Dakota Department of Game,Fish and Parks, Pierre,Wildlife Division Report No. 2005- 01, 33 pp. Becker,J. M. 2002. Response of Wintering Bald Eagles to Industrial Construction in Southeastern Washington. Wildlife Society Bulletin 30:875-878. Chandler, S.K., J. D. Fraser,D. A. Buehler, and J. K. D. Seegar. 1995.Perch Trees and Shoreline Development as Predictors of Bald Eagle Distribution on Chesapeake Bay. Journal of Wildlife Management 59:325-332. Florida Fish and Wildlife Conservation Commission. 2008. Bald eagle management plan; Haliaeetus leucocephalus. Tallahassee,FL, 60+xii pp. Fraser, J. D.,L. D. Frenzel,AND J.E.Mathisen. 1985. Effects The Impact of Human Activities on Breeding Bald Eagles in North-Central Minnesota. Journal of Wildlife Management 49:585- 592. Grubb, T.G., W. L. Robinson, and W.W. Bowerman. 2002. Effects of Watercraft on Bald Eagles Nesting in Voyageurs National Park,Minnesota. Wildlife Society Bulletin 30:156-161. Grubb, T. G. and R. M. King. 1991. Assessing human disturbance of breeding bald eagles with classification tree models. J. Wildlife Management 55(3): 500-511. 12 MBEWG(Montana Bald Eagle Working Group). 1991. Habitat management guide for bald eagles in northwestern Montana. USDA Forest Service Northern Region. 29 pp. MBEWG(Montana Bald Eagle Working Group). 1994. Montana bald eagle management plan. 2nd edition. Bureau of Reclamation. 104 pp. Millsap, B. A., T. Breen, E. McConnell, T. Steffer, L.Phillips,N. Douglas, and S. Taylor. 2004. Comparative fecundity and survival of bald eagles fledged from suburban and rural natal areas in Florida. J. Wildlife Management 68(4): 1018-1031. Richardson, C. T. and C. K. Miller. 1997. Recommendations for Protecting Raptors from Human Disturbance: A Review. Wildlife Society Bulletin 25:634-638. rj Stalmaster,M. V., and J. R. Newman. 1978. Behavioral responses of wintering bald eagles to B E human activity. J. Wildlife Management 42:506-513. Stalmaster, M. V. and J. L.Kaiser. 1999. Effects of Recreational Activity on Wintering Bald Eagles.Wildlife Monographs 137:3-46. Steidl,R. J. and R. G. Anthony. 1996.Responses of Bald Eagles to Human Activity During the Summer in Interior Alaska.Ecological Applications 6:482-491. Stinson,D. W., J. W. Watson, and K. R. McAllister. 2007. Washington state status report for the bald eagle. Washington Department of Fish and Wildlife. 86+viii pp. USFWS [Depa tment of the Interior,Fish and Wildlife Service]. 2007.National Bald Eagle Management Guidelines. May 2007. 23 pp. WEB SITES VISITED http://www.fws. og v/le/pdffiles/BEPA.pdf http://www.fws.gov/migratorybirds/baldeagle.htm http://www.fws.gov/migratorybirds/CurrentBirdlssues/ManagementBaldEagle/ApplicationandR -i eports.html 13 i i COMPARABLE LAND SALE NO. 1 JOKI & ASSOCIATES REAL ESTATE APPRAISERS PO Box 281, Helena, MT 59624, (406) 442-2159 Location: SWC of Flanders Mill Road and East Baxter Lane in Bozeman,Montana Ufa o Site Data: � ' f ` 1. Size : 79.87 acres . 2. Zoning: See Comments j 3. Comp: Boz 012 "11:14 �__ � a,� , C " '4-4 � a 1 } s ' 1 �11 "\-: 1 ' r -m-,'”Z:::,' qc�-ll . .' r� ILL 1 ,s � t °�?�� ��4R ':..f: meq.. sfi: lt1 1 7,:d l) i y a e t1 �a �.� 3 � x+Sr �L'';',' Current Use: Unimproved Legal Description: Northern portion of Tract 1A1 as shown on Certificate of Survey No. 2554A, Gallatin County,Montana. Grantor: Vesta Anderson Grantee: City of Bozeman Sales Price: $2,000,000 Confirmed Sales Price: $2,000,000 Instrument: Warranty Deed Confirming Party&Phone No.: Broker-Paul Rubright Recorded: July 24,2014 (406) 580-9163 Recording Info.: 2486778 Confirmed By: J. Michael Join,MAI,SRA Financing: Cash to the Seller Confirmation Date: March 14, 2014 Property Description: This 79.87 acre site is located at the intersection of Flanders Mill Road and East Baxter Lane and at the western fringe of the Bozeman city limits. The broker confirmed this site lies adjacent to the Bozeman city limits and will be annexed into the city upon closing. City sewer and water mains lie adjacent to this site. Once the sale has closed and the site is annexed into the city limits it will adopt a city zoning ordinance that will allow public use as the intended use for this site is to be developed with a soccer facility. Reportedly there are no wetland or high water table issues on this land. The broker reported that this site has been marketed for sale for at least 2 years. Indication At Time Of Sale: $2,000,000- 79.87 acres = $25,041/acre. it 2400/ it 0 • Return to: Page 1 of 3 07/24/2014 11:39:06 AM Fee: $21.00 924 American nTiUge e suite any Charlotte Mills-Gallatin County, MT DEED Bozeman,MT 59718 �tq-1-t.A +{883'te l When recorded,return to: Pam Spillane Escrow Officer First American Title Company 924 Stoneridge Drive,Unit 1 Bozeman,MT 59718 WARRANTY DEED FOR VALUABLE CONSIDERATION,the receipt of which is acknowledged,the undersigned, BAXTER RANCH HOLDINGS,LTD and I ESTATE OF VESTA F.ANDERSON,Spencer Neil Anderson,Personal Representative, parties of the first part,hereby grant(s)unto: of PO Box 1230, Bozeman, MT 59771 THE CITY OF BOZEMAN,MONTANA/party of the second part,all oftheirright,title and interest in and to certain real property in Gallatin County,Montana,described as follows: Tract lA1 of Certificate of Survey No.2554B,located in the NW'and SW'A of Section Three,Township 2 South,Range 5 East,P.M.M„Gallatin County,Montana,according to . the official plat thereof on file and ofrecord in the office of the County Clerk and Recorder of Gallatin County,Montana • Together with the following interest in Grantors'water rights: 1 share of Grantors'interest in the Farmers Canal Company decreed right 4111 120530-120537 I and • Sixteen and 6/10th_percent(16.6%)interest in Grantor's interest in West Gallatin decreed right 41H 138937-00 Warranty Deed Baxter Ranch Holding Ltd/Estate of Vesta Anderson to City of Bozeman Page 1 SUBJECT TO and RESERVING to Grantors all of Grantors'right, claim or interest in Baxter Creek decreed right 41H 126871-00. Together with anyreversion(s),remainder(s),rents,issues andprofits thereof,andalso all the estate, right,title and interest,and right of homestead,possession,claim and demand whatsoever,as well as in law as inequity,of the said parties of the fustpartinorthe said premises,and everypart and parcel thereo4with the appurtenances thereto belonging;TO HAVE AND TO HOLD,all the above mentioned and described 11 premises unto the said parties of the second part;SUBJECT TO: a) Reservations and exceptions in patents from the United States or the State of Montana; • b) All existing easements and rights-of-way; d) All building,use and zoning restrictions. IN WITNESS WHEREOF,the said part(ies)ofthefirstpartha(s)(ve)hereunto set their hand(s)and seal(s)the day and year first hereinbefore written. 'p BAXTER RANCH HOLDINGS,LTD.n �� BY: 0w(('(/6.t:ut0Qo,., rho•w- ANN MARIE ALLEN,Manager d ESTATE OF VESTA F • :RSON BY: SPEN v a• r a ERSON,Personal Representative STATE OF TEXAS ) ss. County of Comal/Guadaiupe ) On this day of July,2014 before me,the undersigned,a Notary Public for the State of Texas, personally appeared ANN MARIE ALLEN,Manager,Baxter Ranch Holding,Ltd.,known tome to be the person whose name is subscribed to this instrument and acknowledged to me that she executed the same. IN WITNESS WHEREOF,I have hereunto set my hand and affixed my notarial seal the day and ..! year in this certificate fust above written. A [print name Warranty Deed ,tit WESLEY YYAYNE METTIN6 Baxter Ranch Holding Ltd/EstateofVesta Andersonto : c Notary Public 1' City ofBozeman + �++// Page 2 }'�iMy Comm.Expires 11-18.2017 Notary Public for the State of Texas Residing at ,Texas My Commission Expires: STATE OF MONTANA :ss. County of Gallatin ) On this2_,3 day of July, 2014, before me, the undersigned, a Notary Public for the State of Montana,personally appeared SPENCER N.ANDERSON,Personal Representative of the ESTATE OF VESTA F.ANDERSON,]mown tome to be the person whose name is subscribed to this instrument and acknowledged to me that he executed the same. IN WITNESS WHEREOF,I have I cunto set my hand and affixed my notarial seal the day and year in this certificate first above written. • y�•,, PA1 /C . ^ a�.t s nPOAAUSICMrEe [print name] Slate of M•Aaaa rt MOTARIALI* Rendbn gal Ronald Montana .Notary Public for the State of Montana 11SEALMyCrnS an Ezprea mnen.zo,a Residing at ,Montana My Commission Expires: WarrantyDeed Baxter Ranch Holding Ltd/Estate of Vesta Anderson to City of Bozeman Page 3 COMPARABLE LAND SALE NO. 2 JOKI & ASSOCIATES REAL ESTATE APPRAISERS PO Box 281, Helena, MT 59624, (406) 442-2159 Location: East side of Harper Pucket Road at the intersection of East Cameron Bridge Road in Bozeman, Montana. Site Data: �'• .. 1ed '� Yr at„yy , a C „ ,, ifj ., ;j 44 1. Size : 122.48 Acres F 2. Zoning:None G� ,' g .' '- 3. Comp: Boz 013i s' ) p —ii y� i ; Jaz 1 t zl our{It earth Current Use: Unimproved Legal Description:Tract 2 and 3 of Certificate of Survey#1410,located in the SW 1/4 of Section 16 and the NW 1/4 of Section 21,Township 1 South,Range 5 East, Gallatin County,Montana. Grantor: Robert and Gary Gates Grantee: Ron Pike and Shawn Sime Recorded Sales Price: $1,650,000 Confirmed Sales Price: $1,650,000 Instrument: Warranty Deed Confirming Party&Phone No.: Broker-Brett Tudsburry Recorded: December 1,2015 (406) 209-4500 Recording Info.: 2531721 Confirmed By: J.Michael Joki,MAI,SRA Financing: Cash to the Seller Confirmation Date: December 21,2015 Property Description: This 122.48 acre site is located at the North end of Harper Pucket Road at the intersection of East Cameron Bridge Road just northwest of the Bozeman city limits. This site has significant I-90 frontage but there is no close by access.The broker confirmed there is plat approval for 177 residential lots which is good through 2017 however it is reportedly the buyers intent to leave this site undeveloped for the foreseeable future.Apparently the issue with developing this site for a residential use is the cost extending water and sewer service. Indication At Time Of Sale: $1,650,000 / 122.48 acres =$13,472 per acre Return To: Security Title Company P.O. Box 6550 Bozeman, MT 59771®6550 2531721 O S-cc — Gi iscat Pose: 1 of 2 12/01/2015 10:30:32 RM Fee: $24.00 Charlotte Mills - Gallatin County, MT Atter Reeordingat Recording11111111111111IIIIIIIIIIIII1111III110111111111111111II1 1111l WHI11111111111 i1111111111 DEED Ron Pike Shawn Sime 190 Ramshorn Drive - - I Bozeman,MT 59715 Q WARRANTY DEED FOR VALUE RECEIVED,ROBERT GATES of and GARY GATES herein referred to as Grantors, does hereby grant,bargain; sell, convey and confirm unto RON PIKE and SHAWN SIMS,of 190 Ramshoin Drive,Bozeman,Montana 59715,herein referred to as Grantees,as joint • - tenants with rights of survivorship,the following described premises in Gallatin County,Montana, to-wit: Tracts 2 and 3 of Certificate of Survey No. 1410, located in the SW1/4 of Section 16 and the NW1/4 of Section 21, Township I South,Range 5 East,P.M,M.,Gallatin County,Montana,according to the official survey thereof on file and of record in the office of the County Clerk and Recorder,Gallatin County,Montana. L SUBJECT TO reservations and restrictions in federal patents and prior conveyances, mineral reservations,all real property taxes and assessments for the current year and subsequent years, and all,building and use restrictions, covenants, easements, agreements, conditions and rights of way of record and those which would be disclosed by an examination of the property. TO HAVE AND TO HOLD the said premises,with their tenements,hereditaments,and appurtenances unto the said Grantees as joint tenants with rights of survivorship forever. And the said Grantors does hereby covenant to and with the said Grantees that the Grantees are the owners as joint tenants with rights of survivorship of said premises;that Grantees shall enjoy thesame without any lawful disturbance; that the same is free from all encumbrances except those limitations set forth above;that the Grantors and all persons acquiring any interest in the same through or from Grantors will,on demand,execute and deliver to the Grantees,at the expense of the Grantees, any further assurance of the same that may be reasonably required; and that the Grantors will warrant to the Grantees all the said property against every person lawfully claiming the same. • • • •• • 0 Co tS/‘ evritrOPIBERj IN WITNESS WHEREOF,this instrument is executed this25 day of�eeeu�l s�2015. Robert Gates t, STATE OF MONTANA ) 1.t County o� il�o{realoss i�Q�a NoLeitgaR $ This instrument was acknowledged before me on th - B dayofBaee€itber,2015,by Ii 4:3:111!..:.c.'1:5,;\ KRY§/6ert: MR y/) 1 /� yl , �; Notary Public 7/ 1 fiJ7✓L zil.C.^ a ;No7Afl/q4. for the State of Montana *: �'— •�*` Residing at: ll <,9 S.C.AL..,F. ; Helena, Montana Printed Name ofNotary ",N'••o P,, My Commission Expires: Notary Public for the State of Montana n,, ,,;,a°'' December 18,2018 Residing at: (SEAL) My Commission Expires: •--- AlfSTATE OF MONTANA ) // dig County 04(5 idig1% Mb /�(hLLL` l n �Uioe b,( This instrument was acknowledged before me on theta day of December,2015,by Gary Gates. Printed Name of Notary g Notary Public for the State of Montana Residing at: (SEAL) My Commission Expires: 2. ..<%) :AsrnD4%. KRYSTA DZIAK OTAR7 �. -Notary Public --- _ .N q• c: is for the State of Montana .SEAL:* Residing at: y Helena, Montana 1:%1V �% aF O�Pc`'` My Commission Expires: "�,,,,,IMmnd December 18, 2078 ti COMPARABLE LAND SALE NO. 3 JOKI & ASSOCIATES REAL ESTATE APPRAISERS PO Box 281, Helena, MT 59624, (406) 442-2159 Location: West side of Davis Lane and just north of East Baxter Lane in Bozeman,Montana. Site Data: 1. Size : 54.28 acres 2. Zoning: R-3/R-4 Photo Data: s'r x+a.. ws � <.»,�afi 1. Date: February 28, 2014 2. Taken From: Davis Lane t 1 > t 3. Facing: West 4. Taken By: J. Michael Joki,MAI, SRA 5. Comp: Boz 014 i Current Use: Unimproved Legal Description: Lot 2A1 of COS No. 2202C, City of Bozeman, Gallatin County,Montana. Grantor: First Interstate Bank Grantee: Michael Tracy Recorded Sales Price: $800,000 Confirmed Sales Price: $800,000 Instrument: Warranty Deed Confirming Party&Phone No.: Broker-Jason Leap Recorded: October 1,2012 (406) 556-5005 Recording Info.: 2427941 Confirmed By: J. Michael Joki,MAI,SRA Financing: Cash to the Seller Confirmation Date: March 13,2014 Property Description: This 54.28 acre site is located on the west side of Davis Lane just north of East Baxter Lane and at the western fringe of the Bozeman city limits. This site is accessed from a city maintained street and is zoned with a combination of R-3 and R-4 multi-family residential zoning. A nearby lift station provides city sewer service to the edge of the property and city water lines are adjacent to the site. Approximately 24 of the 54.28 acres is undevelopable due to high ground water and/or wetlands which leaves approximately 30 acres for development. This property was bank owned however it was still on the market for over 750 days. Indication At Time Of Sale: $800,000_ 54.28 acres = $14,738/acre i.,,, --,..li-:,-01T19.m.e-f-ittly1i.;10,!,?1;1411-1J::.:.„. .1 • --- • : i A :::- -. -.-. --. k A-. - - - • - • 1'- f,. .r.Aa.-,16..„ .....s.,aaa a--I. „) ---- 1. : , 1 1,04-4?-ami-4.:;:a-,,,,i,---..4:::: ::::,,: ::,,;‘.4 :±iiitf.,-,z:(-_,,,:: :,, ,,,,,mt.,,,,,m„:,,Dr,,,r,ti:fk, ,: - ,-__E :„4,1:1-145.:-efitc, „:„.-,..;-J.:L.L.4,:„:".---„--,,,,- _ .-„,,,4_?: -:,-,.:::.',:s.,:::"; :. i,„- --,:--.:._-;-,-",-,_:.,:--,-: -,-,--„-:-..: ;11-44.411411erik-V41V1S11:11S.',.:',.':411-.1i \ • , 1 1 \11W1.191111-11:1-11:.-1:..- 1:. :-.;, H11111111\1111141',e1•1:-\'.:-1,.. .1 1-1.1-1\;.:-• 11:'i\1,::-..-1-1.\\1\11.1.11\1i;+Q,1r,c11„„4443,0-,iNi1:11/&41\:.‘12&,..1.i• '-,, i i"71-.-:111J:"1:1-.11/4.(c.-S.aL,.-ei.,._„21 ,-. •].:i•;i 1--.\,--.-i--,:t1His111 -1. . 1\-,.1::,\.-....:\:, -.\.,.1 H.:::::.1..:-1...E11.11.[.111:2:11111-apc.114:1414,.1111-ttiKE11t,1;111W-141--11-.-1i:\1 1-\--7-1717111111T1-';--'1]-- ' '.- - : 1-1:1111:\'111-11111:.-11 .,i"1..' :1.: I 1--z..1,1y:.!\1 111:-1,H.1.1 1-•*11;1-111 711 1-1.11511511.41,11A 11-.1-1.11N.4.4-A.4-14*- -/-3:4101,,t1 a;t::%-,-a::w:f.::..777-7fm-,-:1.'.2.-,7,,:PT\1.1:11qh11.4.111111112114‘11-r..:111.1,:i11-31:1-1:vi;14.*-:11;1_11:-.1.1:-.i]!•.b.-2; :1.- 1 . 1 '''1 ' '111'-' •• ':"121 - =—L2-7-'2±-(' ' --1.--°*.:-:;'-:-';'''-;':r---:a!!':::'21: ..::1't; *- '-git:::-ThAVilii,M7MAL-#414#-44; tOgly,r:.1::*1;'1, t. )., 4-::4*., :-.--;: ::Aii-ig ftlagti..g:!:::::.--V;EinIt-A::::;i;;:,;;-:::.„. ::: :;,-] fg-48:vc'fa-MmiJr tga:ERtiitv-Peolikt,:::::,:i .. togiali,,,, , tEa....:::,;::-.4).. .,.±-trk-rT:i4rgoi.,..T;3:maiii_4.47,:nig,-,:ittaiy,tazzk:414,,t,,,,.. ,,,,,t v_,..5 ,j4r:_-„tioit,,,„,#,,,,,,,o.,,,,,-,,:77,:pro„!:,j.7,,,,,.,:,,,,E-,,,?:p.-_,,,.:.,&-.:,-;*Ailwvqk8cStiviii38-golot11x111 .!:=11:14..1"-'9\ 1S -t1..*-:4--,11110€4,IF.;,, 4 -,.'4 1- ty„,5:1;;,3.2..it,i,.:;E:..i.,.::: :::!.,.iglii,ATig. .,1..?;!1_1 :,-,4171-orpie..,:„LH::::...A::E: : ;agegittAt,,,1::101, JI:•:ft.,..:41019, 41.111-,itigfifitfitllwa'-tsittAE--Pi gigiSi-4:1::**telfig,01,11mliifr-lbEN-Ei:E::72:J RA:44,k-S1.4 *414L,r50194-hall7.i g-..i 00%,,c34.04.#1-i#54.---i :;;A:gbildlit Sitge irtil tukspili:Ortygp:101,!"( l'al'..;'"vet'I-,• $ g --11:t 1-k-01-rvii:17;filaii-A.itt.:1!...-K141-9,r5±11 fig,Fcm-i umiaSi.„:,m 'v.,9A-4En-d..1! 1 ' "Ail'-s,r41,'kg'P'r..,.;..: ezz ,Tact.._ oP- .,..•;:-. :GI-tratgo r,-.64,100_.itzi,„-,teii4.4-Asluarsi stitatezt4,44: ..w. t-3551/2,,,,...t.:4=.6„. I ww.:'IR t•91V11111111111\ea P'I.;a I.3‘7,-.,-tt 1ziri siis-114-ta11-§P11.1211111g1 1U1qt-11 11a1!+!-3111111 RIO 111.1191 Ka kt.1111 1641 418,14.100::• 1 1 e1,1i11,.,1-$11'111 ±411111111111-N.,,11v1411-qi1 •.4(242E'' 1--i1t1Wgt) 4111,1,11g.),'111111411111iik1K1-111-11411611-4E-S111,111t1611-itit(!ifil''igil"ti 4.7.4:11Teq.W.g: r' I 4 44'..''.-rg -- SPI134111.'-‘4.1?H-.4. 4_°:BIWA''IA i AWC—J*AlgirWgig Mt 000.1411n2-154e1It; l'tlilL:.7-.1i:-"D ..-.' .PEI174-77( 0 Ofiergre'VeR4km40511.5*1144,414N-104h9r.;.-7i:;: aggtik00484bilggIVIAtitellak:' -'374:`,!S,Wikiaer.e.A.=-----Fa:::'ff.' 4-X.Z.Z(1;---, -,-,t1111111-Oviii1,,,v :11#291111,tcz i-t_414111110,11111,114"4114111,-4-11•1111erri1114 1" 13414MaititaVW.Tnatnirdilagtitatna;V:t ff:',-.1 .kka.,:ag: a ,talagatagiastWayit ,Lva :.,t, lkfptAAARL:AAA!fait 1 i AbaRE:a taaaararagRaaaato alealaig Ana Aai 4;61 . ::: Tiro.,yhr, alliDlEWatilkerbilifieFilte,a,,•Z*;-: k,,,..eitaiyo,,,,,LT, I lagneatilettitglIgMan gra:A....v..4*TME,41,...-V-atikitaAc.'.:„Vanty,,-L,kirttlE:PafitalThYttV atituArgiaqtaiTk•,0!.-Mtihr.FtiQ2 T'$''-f 1 1 MkaNtaritt Veake Retalgt3lea&l: ::4,4i E:igg:to- ±1117,Cifillq-k1411(44,."tit! 011.1111V11.111'&11.i 114114-211,21,011t411711.1tetikti Filettaimag:1M] payg-'';,p1 P.,,,..'...„.i.i,i, ..loply_soky-..Ait,-;;tofe. aptitki-4 -g t-,-,mmis.lisalyarmationmatAmsfgazife_oh-o - :- ak:=„ taaataai RAAARIAACaad ,aaaata aa I a— - ! ' iaa-aiaaItaRataAg:iaa=atRgaTaalpaaaehaNakltatkaikaaaa,14: Ahaaaaaaa aRaaAaaaa: ' Atill Len-aZgffialtettattaaarRada Raga AAR;ARAAR._, ..,.. . , . . II • • ? i I • 3/18/2014 http://svc.mt.go vims1/rnteadastral/layout.aspx?1 9 E MONTANA TITLE,Argot�EECiiteS• ORDER;r I='0�-->1—'=�` Return to Michael Tracy 31922 Paseo Monte Vista San Juan Capistrano, CA 92675 MTE #7001-11517 2427941 Page: 1 of 2 10/01/2012 01:22:53 PM Fee: $14.00 Charlotte Mills - Gallatin County, MT DEED I IIIIIII IIIIII VI IIII IIIIIII IIIIII IIII IIII IIIII IIIII IIIIIII III IIIII IIIII IIII IIII WARRANTY DEED FOR VALUE RECEIVED, FIRST INTERSTATE BANK, a Montana banking corporation, the Grantor; does hereby grant, bargain, sell, convey and confirm unto MICHAEL TRACY of 31922 Paseo Monte 'Vista, San Juan Capistrano, California 92675 the Grantee and his assigns, the following described premises in Gallatin County, Montana, to-wit: tl Lot 2A1 of Certificate of Survey No. 2202C, a tract of land being remainders of Tract 2A of -COS No. .2202A and Tract 4A-1 of. COS No. 2202B, located in the .SE, of Section 34, Township 1 South, Range 5 East, P.M.M., City of Bozeman, Gallatin County, Montana, according to the official plat thereof on file and of record in the office of the County Clerk and Recorder,. Gallatin County, Montana. SUBJECT TO reservations and restrictions in federal patents, prior conveyances, and mineral reservations of record, all real property taxes and assessments for the current year and subsequent years, and all building and use restrictions, covenants, easements, agreements, conditions and rights of way of record. TO HAVE AND TO HOLD the said premises, with their tenements, hereditaments, and appurtenances unto the said Grantee and his assigns forever. And the said Grantor does hereby covenant to and with the said Grantee that it is the owner in fee simple of said premises; that Grantee shall enjoy the same without any lawful disturbance; that the same is free from all encumbrances except those limitations set forth above; that the Grantor and all persons ._.9 acquiring any interest in the same through or from Grantor will, 1 on demand, execute and deliver to .the Grantee, at the expense of the Grantor, any further assurance of the same that may be reasonably required; and that the Grantor will warrant to the Grantee all the said property against every person lawfully claiming the same, 2427941 Page 2 of 2 10/011201201 :22:53 PM DATED this Z day of cc/4m b-W 2012. FIRST INTERSTATE BANK, a Montana banking corporation, by N/uCP_ Pc , fix. Il P. p 3 fiCiL.- ar, kI. P. STATE OF MONTANA ) : ss. County of p/4 c/ane ) On this 0.76 day of .„154,6, 44/,0,-( „ 2012, before me, a Notary Pu is Ai and for said �Sta•-,, personally appeared 0.-(Lup / j_ , . • ,1 /u of FIRST INTERSTATE BANK, a Montana banking corporation, known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that the corporation executed the same. • ANN ME - C °AiThr. NOTARY PUBLICf°rlha ' Print -d Name: 2/ de.- NOTARIA4STATEOPMONTANA { Notary Public or the State of Montana 8eA ResldingstTillinge,Monlana I Residing at . a, _ ��/ , Montana i - uj�r a MYCanmigionExptree f! My commission expir-s: - / 020 Jta JANUARY 62015 • 1 • • • • • COMPARABLE LAND SALE NO. 4 JOxI & ASSOCIATES REAL ESTATE APPRAISERS PO Box 281, Helena, MT 59624, (406) 442-2159 Location: 3662 Durston Road in Bozeman, Montana. This site is located on the north side of Durston Road and just east of Gooch Hill Road. Site Data: 1. Size : 78.06 acres 2. Zoning: SFR-Low Density Photo Data: = j 1. Date: February 28, 2014 2. Taken From: Durston Road 3. Facing: North 4. Taken By: J. Michael_loki,MAI, SRA as : 5. Comp: Boz 015 Current Use: Unimproved Legal Description: Lot 2 and Lot 3 of Minor Subdivision No. 201, City of Bozeman, Gallatin County, Montana. Grantor: Hinsley Family LPD Partnership Grantee: Four Corners Construction,LLC Recorded Sales Price: $1,050,000 Confirmed Sales Price: $1,050,000 Instrument: Trustees Deed Confirming Party&Phone No.: Grantee-John Rosa - Recorded: November 20,2012 Four Corners Construction Recording Info.: 2432709 Confirmed By: Keith O'Reilly,MAI Financing: Cash to the Seller Property Description: This 78.06 acre site is located on the north side of Durston Road and at the western fringe of the Bozeman city limits. This site has good access from a city street, has level topography and was zoned Single Family Residential-Low Density. City sewer service is available from a nearby lift station and city water lines are adjacent to the site. Baxter Creek flows through the southern portion of Lot 3 and the northern portion of Lot 2 and has 70' watercourse setbacks and makes a portion of this site undevelopable. Indication At Time Of Sale: $1,050,000= 78.06 acres = $13,451/acre I 9 T I '' E t it { 1.4, j/ y [J ,. : .I g4 Vfi { 'r R Y t t� .y. �� } s . aS, i t ' • s ; e eadl d ei E - s i NVNV F t +F Itlif E 11Idil -• x " a k r N LzK_ h to 1 a�€ - €- Tit s- i Pr f FE-viE ?n' 16,4)a Inkc E } a _, $ rs k-a ,€i r Cts I atilt 1 " n1:24-i:1 a s ,4. �ysi i `. igiVISEs �Ar r A �: I b j$1 s 4t d- d q,b rthtl; e r r' a x Min �`- eliA '' �2+ rag; >r g t �14f11tL€s, �,'*.�- "61 1 ----'''''-2•4'''a`4,- - t l ter.`' 4£ .,,� � � .��. _ _� r y r a o 5 u26 [ `" ' r r ie d r , ]l�� �� .1 •I 1 • • • I •I i httn://svc.mt.eov/msl/mtcadastral/lavout.asnx?15 3/18/2014 After Recording Please Ream To: Four Corners Canslmction q 125 Central Avenue,Unit IA Bozeman,MT 59718 nt.crcr7c. V E Ips '^NTANA Tiros. cgs-SC .'.(10 � •�'. TRUSTEE'S DEED A voluntary petition in bankruptcy was filed in the United States Court for the District of Montana by Debtor(s)Hinesley Family Ltd Partnership Nol in Case No.10-61822 and the administration of said Debtor's estate was duty referred to the Honorable Ralph B.Kirscher,United States Bankruptcy Judge,who thereafter approved the appointment ofJoseph V.Womack as Trustee of the Debtor's estate. On the 14'"day of November,2012,the United States Bankruptcy Court entered an Order approving • the Motion to Sell Property Free and Clear of Liens and Interests concerning that property described herein • below. THEREFORE,the undersigned Joseph V.Womack,Trustee of the bankruptcy estate of Debtor(s) Hinesley Family Ltd Partnership Nol,by virtue of the title and powers vested in him by the provisions of • the Bankruptcy Code and the Order of the United States Bankruptcy Court for the District of Montana,for paid,as Grantor,whose address is US Bank Building,Suite good and valuable consideration to him in hand 805, 303 North Broadway, Billings, Montana 59101,CONVEYS and QUITCLAIMS to Grantee, Four Corners Construction,LLC of 125 Central Avenue,Unit IA, Bozeman,Montana 59718,alt right,title, and interest which he may have in and to the following described real property,situated in the County of Gallatin,State of Montana: - •THE LAND DESCRIBED HEREIN IS SITUATED IN THE STATE OF MONTANA, COUNTY OP GALLATIN,CITY OF BOZEMAN,AND IS DESCRIBED AS FOLLOWS: • LOT 2 OF PLAT.OF MINOR SUBDIVISION NO. 201, LOCATED IN THE S1/2 OF SECTION 4, TOWNSHIP 2 SOUTH, RANGE 5 EAST, P.M.M., • LL GALLATIN COUNTY, MONTANA, ACCORDING TO THE OFFICIAL PLAT • THEREOF ON FILE AND OF RECORD IN THE OFFICE OF THE COUNTY CLERK AND RECORDER OF GALLATIN COUNTY, MONTANA. EXCEPTING THEREFROM:ALL OF LAUREL GLEN SUBDIVISION PHASE a _ I AND PHASE IL GALLATIN COUNTY, MONTANA. • m; TM .1:1" AND • @�I LOT 3 OF MINOR SUBDIVISION NO. 201, LOCATED IN THE 81/2 OF r ;= SECTION 4,TOWNSHIP 2 SOUTH,RANGE 5 EAST, P.M.M., GALLATIN Nom= COUNTY,MONTANA,ACCORDING TO THE OFFICIAL PLAT THEREOF 'Cr ON FILE AND OF RECORD IN THE OFFICE OF THE CLERK AND N err_ RECORDER OF GALLATIN COUNTY,MONTANA. • Nn� SUBJECT TO all of the terms,conditions and provisions of the Order approving Trustee's sale of property dated November 14,2012,in the above referenced bankruptcy matter. • TOGETHER WITH all and singular,the tenements, hereditaments and appurtenances thereunto belonging or in anywise appert9 ing. DATED this_V day of November,2012. • - GRANTOR: • t OS' 'H V.WOMACK Trustee for Bankruptcy Estate of Hinesley Family Ltd Partnership No l ii ki t O STATE OF MONTANA. ) :ss. County of Yellowstone ) This instrument was signed and acknowledged before me on this 1.5°i day of November, 2012, by Joseph V. Womack as Trustee of the HINESLEY FAMII Y LTD PARTNERSHIP NO1& Bankruptcy Estate(Case No. 10-61822). J SUBSCRIBED AND SWORN TO before me this 16th day of November,2012. -eNV•rite- VIf,1OE TNIY { :cotNOTMYPt18 SEAL r a q"tam y /s/ Vickie Tiry ( Monis 0).i,,•••..•a uy canieron Epirw Print Vickie Tiry �/ i27ir`y L) Janus'30.2018 Notary Public for the State of Montana Residing at Laurel,Montana My Commission Expires 01/30/2016 3 Ge 1 ' P J. MICHAEL JOKI, MAI, SRA State of Montana, Certified General #152 P.O. Box 281 Helena, MT 59624 APPRAISER'S QUALIFICATIONS EMPLOYMENT: January 1992 to present; Employed by fold&Associates, a general practice real estate appraisal firm. July 1987 to January 1992;Employed by Peyton&Peyton,Inc.,a general practice real estate appraisal firm. June 1986 to September 1986;Employed by Gerald D. Peyton,SRA, Fullerton, CA, as an appraiser trainee. 'I EDUCATION: Bachelor of Science degree in Business Administration,Management major, Montana State University,Bozeman, MT, June, 1987 Specialized Real Estate courses: • Market Analysis and Highest and Best Use: Appraisal Institute,May, 2014 Report Writing and Valuation Analysis: Appraisal Institute, October, 2000 Advanced Applications: Appraisal Institute,.October, 2000 Advanced Income Capitalization: Appraisal Institute,July, 1999 Condemnation Appraising: Basic Principals and Applications • Appraisal Institute,March, 1999. Condemnation Appraising: Advanced Topics and Applications Appraisal Institute,March, 1999 Litigation Skills for the Appraiser: Appraisal Institute,April, 2000 General Applications: Appraisal Institute,June, 1997 Basic Income Capitalization: Appraisal Institute,April, 1997 Basic Valuation Procedures: Appraisal Institute, May, 1992 EDUCATION: (cont.) Residential Valuation: American Institute of Real Estate Appraisers,January, 1988 i Real Estate Appraisal Principles: American Institute of Real Estate Appraisers, October, 1987 PROFESSIONAL DESIGNATIONS: MAI,Appraisal Institute,August, 2003 • SRA,Appraisal Institute,August, 1992 STATE CERTIFICATION: State of Montana Certified General#152, Issued June, 1999 State of Montana Certified Residential#152, Issued July, 1992 TYPICAL APPRAISALS: . Multi family, office,retail,special purpose, subdivisions and vacant land, eminent domain. CONTINUING EDUCATION WITH APPRAISAL INSTITUTE (past 15 years): Analyzing Operating Expenses,March, 2012 USPAP Update Course,January, 2012 Attacking and Defending an Appraisal in Litigation,May, 2011 • Discounted Cash Flow Model, October, 2010 • •USPAP Update Course,February 2010 Appraisal Curriculum Overview, September 2009 Business Practice and Ethics,January 2009 Office Building Valuation, September 2008 USPAP Update Course,January 2008 Effective Appraisal Writing,March 2007 Subdivision Valuation, September 2006 Business Practice and Ethics, March 2006 --� Scope of Work, September 2005 Evaluating Commercial Construction, September, 2004 Separating Real and Personal Property, October, 2003 Standards for Federal Land Acquisitions,January 2003 Partial Interest- Undivided,April 2002 Standards of Professional Practice, Part C,January 2002 Partial Interest--Divided,September, 2001 Partial Interest--Undivided,April, 2002 Marshall&Swift Valuation Guides, May, 2000 Data Confirmation Methods Small Hotel/Motel Valuation Eminent Domain and Condemnation Appraising * Education Chairman,Montana Chapter of the Appraisal Institute, January, 1996 to September, 2000. * Appointed to National Educational Programs Committee,Appraisal Institute, 1999 to 2002. • * •Vice President, Montana Chapter of the Appraisal Institute, 2004-2005. * President, Montana Chapter of the Appraisal Institute, 2006-2007 * Finance Officer for Region 1 of the Appraisal Institute,2009-2013 CLIENTS: State of Montana,Department of Transportation U. S. General Services Administration Albertson, Inc. Montana Fish,Wildlife, and Parks Lolo National Forest WGM Group—Engineering Firm Robert Peccia&Associates—Engineering Firm Montana Tech College • Montana Board of Investments City of Helena Lewis and Clark County I Helena School District#1 Jefferson County Northwestern Energy- Montana Power Company Southern Montana Electric State of Montana, Department of Military Affairs Louisiana Pacific Corporation Diocese of Helena Toyota Financial Services CB Richard Ellis - Wells Fargo Bank US Bank Valley Bank of Helena I Rocky Mountain Credit Union Whitefish Credit Union Mountain West Bank Glacier Bank Commonwealth Land Title Insurance Company Prickly Pear Land Trust The Trust for Public Land Numerous private investors and attorneys. ^' 1 State of Montana This certificate verifies licensure as: Business Standards Division CERTIFIED GENERAL APPRAISER Board of Real Estate Appraisers License #: REA-RAG-LIC-152 Status:. Active Endorsement: REAL ESTATE APPRAISER MENTOR Expiration Date: 3/31/2016 JOHN MICHAEL JOKI JOKI AND ASSOCIATES PO BOX 281 HELENA, MT 59624 RUN[%OR Vidal\YOUR I MASI iU haps;/ch z:ntt.go\tpoli To use license as a Wall License, cut off excess paper and affix the above to wall for display. Remember to renew online if possible. Benefits of renewing online include: The ability to change an address(for most professions) The ability to print license(s)the same day as the renewal The ability to print additional licenses for no additional charge up to 45 days following the end of the renewal cycle To verify licenses or renew online: https://ebiz.mt.gov/pol 1