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RESOLUTION 05-18311 A RESOLUTION CREATING SPECIAL IMPROVEMENT MAINTENANCE DISTRICT NO. 4029 FOR THE PURPOSE OF MAINTAINING EXISTING AND FUTURE PUBLIC AREA IMPROVE1VIENTS IN COTTONWOOD GROVE SUBDIVISION, FIRST AND SECOND FILINGS, CITY OF BILLINGS, MONTANA WHEREAS, the City Council of Billings, Montana, hereby finds, determines and declares that: 1. The public interest and convenience require the creation of the above named district. 2. That said district is of more than local or ordinary public benefit. 3. All lands are benefited and no lands that are not benefited have been included within the district. All lands within the district will be enhanced in value to the extent of the assessments to be levied upon such lands, and all lands included within the district should be assessed accordingly to pay the costs and expenses of the district. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BILLINGS: 1. Jurisdiction and Creation. Special Improvement Maintenance District Number 4029 is of more than local or ordinary public benefit. The Council has acquired jurisdiction to order the proposed improvement, and it does hereby create Special Improvement Maintenance District Number 4029. All lands included within Special Improvement Maintenance District Number 4029 are benefited and no lands that are not benefited have been included in said district. 2. General Character of Improvement and Maintenance. The general character of the improvements to be maintained is as follows: boulevard in 54th Street West, landscaping, trees, irrigation systems, irrigation system water services, weed control, storm detention facilities, and other public area improvements installed by the developer, Parks Department and/or as part of a future Special Improvement District. The purpose of said district is to provide perpetual maintenance of the above-mentioned items. 3. Boundaries. The Boundaries of the district are described and designated on Exhibits and attached hereto. 4. Ownership. The ownership records of all properties within the said district are described and designated in Exhibit attached hereto. 5. Maintenance Estimate: The estimated cost of the proposed maintenance for the first year will be $2,885.00 as described in the Maintenance Estimate attached hereto in Exhibit 6. Assessment Method: All of the costs and expenses of the district will be assessed against the eligible lots in the entire district, and each lot or parcel of land within the district will be assessed per square foot of lot area. Assessments for each lot during the first year will be approximately $0.00239 per square foot. In accordance with 7-1-1479 MCA, the assessment for each lot in each ensuing year will be set by the City Council by resolution. 7 . Payment of Assessment The assessments for all maintenance and costs of the district shall be paid in equal annual installments, provided that payment of one-half of said annual assessment may be deferred to May 31 of the year following the assessment. All money derived from the collection of said assessments otherwise shall constitute a fund to be known as Fund of Special Improvement Maintenance District Number 4029. 8. Bonds for Improvement There will be no bonds sold for this district as it is for maintenance only. 9. Engineering. No engineering will be required. 10. District Accounts. The Director of Finance is hereby authorized and directed to establish the necessary accounts to govern the receiving of all revenues and the expenditures of the same district. ---PAGE BREAK--- APPROVED AND ADOPTED by the City Council of the City of Billings, Montana, this 25th day of July, 2005. THE CITY OF BILLINGS: BY fr/e,/ Charles F. Toley, MAYOR ATTEST: Marita Herold, CMC/AAE CITY CLERK ---PAGE BREAK--- PARK MAINTENANCE DISTRICT #4029 COTTONWOOD GROVE SUBDIVISION, FIRST AND SECOND FILINGS BONG LOTS 65A-1. 65A-...2 MID 65A-3 OF AMENDED LOT 65A OF SUNNY COVE FRUIT FARMS SITUATED IN INE SE1 /4 OF SECTION 31, T. 1 R. 25 P.M.M. SCALE : YELLOWSTONE COUNTY, MONTANA 1110111111111111. 111, inua bums alum sumns g a ammuum 11111111Millit II 4 LIM name umumr misurci um. 1111111111111111111111i NI II I ling 411111111111111111111 raMPIIP11111114 te1313 • r.1 IMF PARK MAINIF-NANCE INSTINCT NO. 4029 BOUNDARY ' NT OF BECHPIINO panivr. noir k aft OX t s. Or OS* I I _ L - - -619AN° T - A i enw ii—v t ar PiaIS III H VIONITY tIAP NOT TO Seat wasassac. 010Stal OPP% ine ---PAGE BREAK--- EXHIBIT BOUNDARY DESCRIPTION SPECIAL IMPROVEMENT MAINTENANCE DISTRICT No. 4029 COTTONWOOD GROVE SUBDIVISION, FIRST & SECOND FILINGS PARK MAINTENANCE DISTRICT Meets and Bounds Description: Beginning at a point which is situated N 89°51'35" W a distance of 65.00 feet and S 00°08'25" W a distance of 30.00 feet from the East 1/4 Comer of Section 31, T 1 R. 25 P.M.M.; thence, from said point of beginning S 45°01'49" E a distance of 21 15 feet to the westerly right-of-way line of 54th Street West; thence S 00°08'25" W a distance of 1,959.07 feet to the northeast corner of Lot 65A-4 of amended Lot 65A of Sunny Cove Fruit Farms; thence S 89°53'22" W along the north lot line of said Lot 65A-4 a distance of 830.59 feet to the northwest corner of said Lot 65A-4; thence N 00°08'25" E a distance of 1,972.76 feet to the southerly right-of-way line of Colton Boulevard; thence N 89°47'57" E along said southerly right-of-way line a distance of 815.60 feet to the point of beginning; said tract containing an area of 37.63 acres. ---PAGE BREAK--- EXHIBIT OWNERSHIP RECORDS SPECIAL IMPROVEMENT MAINTENANCE DISTRICT No. 4029 COTTONWOOD GROVE SUBDIVISION, FIRST & SECOND FILINGS PARK MAINTENANCE DISTRICT ---PAGE BREAK--- tal Z 0 k < ; 0 I-7 1-4 1.1 Z Erl 04 0 X PT•4 t.T.4 0 0 g < k 0 ti) ---PAGE BREAK--- Date: 06/02/200S T e: 09:28:05 Yellowstone County Operator: jrichards Page( TA Reports - Parcel Master List Ranges: IAX YEAR( 2005 - 2005 ASSESSORII: A31803. A31804 TAX TYPE: (A1 LEVY DISTRICT: SUB-LEVY DIST: SPECIAL DISTRICT: Certified Tin - Lis .3-a 3-05 porn of Pomo OPTIONS: SORT ORDER: N OF COPIES( 1 Invy Sub Tax Assessor(' Owner/Mailing Address Legal Description Dist Dist Type Key 01 A31803 KRAMER. MARY 03-1032-31-4-90-50-0000 2 RE 3011 REIMERS PARK DR SUF SUNNYCOVE FRUIT FARMS BILLINGS MT 59102-0219 LT 65A-2 SUNNY COVE FRUIT FARMS AMD 12 542 AC (OLD 0D04668) (05) ANNEX/RES 04-18140 6/14/04 A31804 KRAMER, MARY tojr 03-1032-31-4-90-70-0000 RE 3011 REIMERS PARK DR SUF SUNNYCOVE FRUII FARMS BILLINGS MT 59102-0219 LI 65A-3 SUNNY COVE FRUIT FARMS AMD 12.543 AC (OLD ND04668) (05) ANNEX/RES 04-18140 6/14/04 ---PAGE BREAK--- 6/7/2005 Exhibit D Mtce Costs_Cottonwood EXH EXHIBIT ESTIMATE OF PROBABLE COST SPECIAL IMPROVEMENT MAINTENANCE DISTRICT NO. 4029 COTTONWOOD GROVE SUB, FIRST AND SECOND FILINGS CITY OF BILLINGS, MONTANA 1. The costs to create the maintenance district are estimated to be $1 500. 2. The City Parks and Recreation Department estimates the maintenance of the improvements for the first year at $ 1,596 The first year's assessment is estimated as follows: CITY OF BILLINGS - PARK MAINTENANCE DISTRICT NO. 4029 ESTIMATE OF ANNUAL MAINTENANCE COSTS PMD Description: Cottonwood Grove Subdivision, 1st & 2nd Filings PMD Number: 4029 Date: 6/1i2005 ESTIMATED INDEX BA SUB SUB ELE OBJ ACCOUNT DESCRIPTION MAINTENANCE COSTS 5198 452 35 60 Creation Document and Exhibit Preparation Costs $1,500.00 452 Operations and Supplies 10 Electricity $0.00 20 City Water $0.00 50 Ground Maintenance $200.00 39 65 Other Service/Finance Charges $215.00 90 Parks Charge for Services $250.00 54 10 Special Assessments $220.00 Total Operations and Supplies, Etc. $2,385.00 Capital E/I Reserve $500.00 Total Cottonwood Grove Subdivision, 1st & 2nd Filings Cost Estimate $2,885.00 Equal Assessment Per Square Foot 1,206,422 1st year Assessment (Per Square Foot) 50.00239