Document Billings_doc_63d63e4c66

CERTIFICATE AS TO RESOLUTION AND ADOPTING VOTE I, the undersigned, being the duly qualified and acting recording officer of the City of Billings, Montana (the City), hereby certify that the attached resolution is a true copy of Resolution No.05-18241, entitled: RESOLUTION RELATING TO SPECIAL IMPROVEMENT DISTRICT NO. 1373; DECLARING IT TO BE THE INTENTION OF THE CITY COUNCIL TO CREATE THE DISTRICT FOR THE PURPOSE OF UNDERTAKING CERTAIN LOCAL IMPROVEMENTS AND FINANCING THE COSTS THEREOF AND INCIDENTAL THERETO THROUGH THE ISSUANCE OF SPECIAL IMPROVEMENT DISTRICT BONDS SECURED BY THE CITY'S SPECIAL IMPROVEMENT DISTRICT REVOLVING FUND (the Resolution" was duly adopted by the City Council of the City at a meeting on February 28, 2005 that the meeting was duly held by the City Council and was attended throughout by a quorum, pursuant to call and notice of such meeting given as required by law; and that the Resolution has not as of the date hereof been amended or repealed.) I further certify that, upon vote being taken on the Resolution at said meeting, the following Councilmembers voted in favor thereof: unanimous voted against the same: none or were absent: Clark WITNESS my hand officially this 28th day of February , 2005. ±,i1(aLitzu_gleseaL Marita Herold, CMC City Clerk ---PAGE BREAK--- RESOLUTION NO. 05-18241 RESOLUTION RELATING TO SPECIAL IMPROVEMENT DISTRICT NO. 1373; DECLARING IT TO BE THE INTENTION OF THE CITY COUNCIL TO CREATE THE DISTRICT FOR THE PURPOSE OF UNDERTAKING CERTAIN LOCAL IMPROVEMENTS AND FINANCING THE COSTS THEREOF AND INCIDENTAL THERETO THROUGH THE ISSUANCE OF SPECIAL IMPROVEMENT DISTRICT BONDS SECURED BY THE CITY'S SPECIAL IMPROVEMENT DISTRICT REVOLVING FUND BE IT RESOLVED by the City Council of the City of Billings (the City), Montana, as follows: Section 1. Proposed Improvements; Intention To Create District. The City proposes to undertake certain local Improvements (the "Improvements") to benefit certain property located in the City. The Improvements consist of the construction of sewer main, storm drainage facilities, street lighting and street improvements, as more particularly described in Section 5. The total estimated costs of the Improvements are $2,431,000.00. The costs of the Improvements are to be paid from the following sources: $2,132,000.00 funded from the City of Billings, and Special Improvement District Bonds hereinafter described. It is the intention of this Council to create and establish in the City under Montana Code Annotated, Title 7, Chapter 12, Parts 41 and 42, as amended, a Special Improvement District (the "District") for the purpose of financing costs of the Improvements and paying costs incidental thereto, including costs associated with the sale and the security of Special Improvement District bonds drawn on the District (the "Bonds"), the creation and administration of the District, the funding of a deposit to the City's Special Improvement District Revolving Fund (the "Revolving Fund"). The total estimated costs of the Improvements, including such incidental costs, to be financed by the Bonds are $291,000.00. The Bonds are to be payable primarily from special assessments to be levied against property in the District, which property will be specially benefited by the Improvements. Section 2. Number of District. The District, if the same shall be created and established, shall be known and designated as Special Improvement District No. 1373 of the City of Billings, Montana. Section 3. Boundaries of District. The limits and boundaries of the District are depicted on a map attached as Exhibit A hereto (which is hereby incorporated herein and made a part hereof) and more particularly described on Exhibit B hereto (which is hereby incorporated herein and made a part hereof), which boundaries are designated and confirmed as the boundaries of the District. A listing of each of the properties in the District is shown on Exhibit E hereto (which are hereby incorporated herein and made a part hereof). Section 4. Benefited Property. The District and territory included within the limits and boundaries described in Section 3 and as shown on Exhibits A, B, and E are hereby declared to be the Special Improvement District and the territory which will benefit and be benefited by the Improvements and will be assessed for the costs of the Improvements as described in Section 7. Section 5. General Character of the Improvements. The general character of the Improvements, as shown in Exhibit D, is the construction of curb & gutter, sidewalk, drive approaches, accessibility ramps and street improvements to South Billings Boulevard. Section 6. Engineer and Estimated Cost. The Office of the City Engineer, 510 N. Broadway, 4 th Flor, Bilings, MT 59101, shal be the Enginer for the District. The Enginer has estimated that the costs of the Improvements, including all incidental costs, to be $2,431,000.00, of which $2,132,000.00 is funded by the City of Billings. Section 7. Assessment Methods. 7.1. Property to be Assessed. All properties within the district are to be assessed for the costs of the Improvements, as specified herein. The costs of the Improvements shall be assessed against the property in the District benefiting from the Improvements based on the linear footage and square foot methods described in Section 7-12-4162, and 7-12-4163 M.C.A., as particularly applied and set forth in this Section 7. 7.1.2 Assessment # 1 - Linear Foot Method. The assessment # 1 will include Improvements to curb, gutter, sidewalks, and necessary street improvements along South Billings Boulevard between King Avenue and Underpass Avenue. The ---PAGE BREAK--- properties to be assessed for these improvements shown on Exhibit and listed as follows: OLD #(D347) AMND C/S 1456 TR lA W2NW4 9-1S-26E 1.407ACRES ANNEX9'87); PP29-24@4848 UNDERPASS AVE N TRIANGLE OF LOT 6 SUGAR SUB 8-1S-26E 1.070 ACRES ANNEX(90); OLD #(D347-1) AMND C/S1456 TR 2A 9-1S-26E 5.196 ACRES; OLD #(D348) N70' OF 5150.34' OF W160.0' OF LOT 13 SUGAR SUB 9-1S-26 0.26 ACRES; OLD #(D163) E200' OF 5246.75' OF LOT 6 SUGARSUB 8-1S-26E 1.16 ACRES ANNEX(90); E473.6' OF S10' OF LOT 13, LOT 14 (INCLUDING C/S 349), N91' OF LOT15 SUGAR SUB & C/S 471 TR 1B 9-1S-26E 4.938 ACRES ANNEX(93); OLD 165) LOT 7 SUGAR SUB (LESS ST-WONDERPARK DR) 8-1S-26E 3.37 ACRES ANNEX(90); AMND C/S 471 TR A & 2B IN LOT 15 SUGAR SUB 9-1S-26E 1.93 ACRES ANNEX(93); OLD 166) N 85.2' OF E 274.9' OF LOT 8 SUGAR SUB 8-1S-26E 0.54 ACRES; OLD 361) N2 OF LOT 4 SUB OF SECTION 9 IN SW4 9-1S-26E 4.75 ACRES ANNEX(90); PP # 9-244 & PP#9-243 LSD EQ S326' (LESS S15' & W 100') OF LOT8 SUGAR SUB 8-1S-26E 1.93 ACRES; (OLD CODE# D-362) C/S 473 IN LOT 4 OF SUB OF SECTION 9 IN SW4 9-1S-26E 2.87 ACRES ANNEX(90); AMND LOT 9 SUGAR SUB LOT 9C 8-1S-26E 0.865 ACRES ANNEX(91); OLD 363)S 132' OF LOT 4 OF SUB OF SECTION 9 IN SW4 9-1S-26E 2.0 ACRES ANNEX (90); AMND LOT 9 SUGAR SUB LOT 9B 8-1S-26E 1.727 AC ANNEX(91); OLD 364) N 2 ACRES OF LOT 5, SUB OF SECTION 9 IN SW4 9-1S-26E 2.0 ACRES ANNEX (90); OLD 365) S2 ACRES OF N4 ACRES OF LOT 5, (LESS ST) SUB OF SECTION 9 IN SW4 9-1S-26E 1.91 ACRES ANNEX (90); OLD 161-1) SUGAR SUB LOT 10 8-1S-26E 2.77 ACRES ANNEX(90); PP# 8-28 C/S 666 TR 1, IN SW4 9-1S-26E 0.52 ACRES ANNEX (90); (OLD CODE# D-367) C/S 666 TR 2, IN SW4 9-1S-26E 0.39 ACRES ANNEX (90); C/S 2783 TR IN SW4 & SE4 8-1S-26E 57.17 ACRES ANNEX(94); OLD #(D370) COS 3128 TR 1 IN SW4 9-1S-26E 1.286 ACRES(03) ANNEX (90); POPELKA INDUSTRIAL TRACTS 1 ST TRACT 1 8-1S-26E 0.897 ACRES; OLD 375) SUGAR SUB LOT 16 & N2 OF LOT 17 9 1S 26E (NEWMAN SCHOOL) 5.01 ACRES; (OLD CODE D01395) POPELKA COMMERCE CENTER SUB, BLK 1, LOT 3 8-1S-26E 11.51 ACRES (04); WEBER SUB 2ND, BLK 5, LOT 10 9-1S-26E 0.189 ACRES; (OLD CODE D01395) POPELKA COMMERCE CENTER SUB BLK 1, LOT 2, 8-1S-26E 0.442 ACRES (04); WEBER SUB 2 ND, BLK 6, LOT 10 9-1S-26E 0.189 ACRES; (OLD CODE D0139) POPELKA COMMERCE CENTER SUB BLK 1, LOT 1, 8-1S-26E 1.172 ACRES (04); (OLD CODE# D-376) AMND C/S 289 TR 19A IN LOT 19 SUGAR SUB 8-1S-26E 0.74 ACRES; (OLD CODE# D-377) AMND C/S 289 TR 19B-1 IN LOT 19 SUGAR SUB 8-1S-26E 0.37 ACRES; (OLD CODE# D-378) AMND C/S 289 TR 19B-2 IN LOT 19 SUGAR SUB 8-1S-26E 0.37 ACRES; (OLD CODE# D-380) AMND C/S 289 TR 20A IN LOT 20 SUGAR SUB 8-1S-26E 0.74 ACRES; STAR SUB, BLK 1, LOTS 1 & 2 9-1S-26E 2.070 ACRES. The costs of the Improvements plus the proportionate share of the incidental costs of issuing the Bonds attributable to the parcels in the District is $145,500.00. The total of $145,500.00 shall be assessed against each lot, tract, or parcel of land in the District, as above-mentioned, for that part of the costs of the Improvements that the linear frontage of such lot, tract or parcel bears to the total linear frontage of all lots, tracts, or parcels of land in the District, as above-mentioned. The total linear frontage of parcels attributable to this assessment is 4,270.15 linear feet. The costs of the Improvements and the properties share of the incidental costs to be financed by the Bonds assessable to the above-mentioned parcels per linear frontage of each parcel are estimated to be $34.07374415. 7.1.3 Assessment # 2 - Square Foot Method. The assessment # 2 will include Improvements to curb, gutter, sidewalks, and necessary street improvements along South Billings Boulevard between King Avenue and Underpass Avenue. The properties to be assessed for these improvements shown on Exhibit and listed as follows: OLD #(D347) AMND C/S 1456 TR lA W2NW4 9-1S-26E 1.407ACRES ANNEX9'87); PP29-24@4848 UNDERPASS AVE N TRIANGLE OF LOT 6 SUGAR SUB 8-1S-26E 1.070 ACRES ANNEX(90); OLD #(D347-1) AMND C/S1456 TR 2A 9-1S-26E 5.196 ACRES; OLD #(D348) N70' OF 5150.34' OF W160.0' OF LOT 13 SUGAR SUB 9-1S-26 0.26 ACRES; OLD #(D163) E200' OF S246.75' OF LOT 6 SUGARSUB 8-1S-26E 1.16 ACRES ANNEX(90); E473.6' OF S10' OF LOT 13, LOT 14 (INCLUDING C/S 349), N91' OF LOT15 SUGAR SUB & C/S 471 TR 1B 9-1S-26E 4.938 ACRES ANNEX(93); OLD 165) LOT 7 SUGAR SUB (LESS ST-WONDERPARK DR) 8-1S-26E 3.37 ACRES ANNEX(90); AMND C/S 471 TR A & 2B IN LOT 15 SUGAR SUB 9-1S-26E 1.93 ACRES ANNEX(93); OLD 166) N 85.2' OF E 274.9' OF LOT 8 SUGAR SUB 8-1S-26E 0.54 ACRES; OLD 361) N2 OF LOT 4 SUB OF SECTION 9 IN SW4 9-1S-26E 4.75 ACRES ANNEX(90); PP # 9-244 & PP#9-243 LSD EQ S326' (LESS S15' & W 100') OF LOT8 SUGAR SUB 8-1S-26E 1.93 ACRES; (OLD CODE# D-362) C/S 473 IN LOT 4 OF SUB OF SECTION 9 IN SW4 9-1S-26E 2.87 ACRES ANNEX(90); AMND LOT 9 SUGAR SUB LOT 9C 8-1S-26E 0.865 ACRES ANNEX(91); OLD 363)S 132' OF LOT 4 OF SUB OF SECTION 9 IN SW4 9-1S-26E 2.0 ACRES ANNEX (90); AMND LOT 9 SUGAR SUB LOT 9B 8-1S-26E 1.727 AC ANNEX(91); OLD 364) N 2 ACRES OF LOT 5, SUB OF SECTION 9 IN SW4 9-1S-26E 2.0 ACRES ANNEX (90); OLD 365) ---PAGE BREAK--- S2 ACRES OF N4 ACRES OF LOT 5, (LESS ST) SUB OF SECTION 9 IN SW4 9-1S-26E 1.91 ACRES ANNEX (90); OLD 161-1) SUGAR SUB LOT 10 8-1S-26E 2.77 ACRES ANNEX(90); PP# 8-28 C/S 666 TR 1, IN SW4 9-1S-26E 0.52 ACRES ANNEX (90); (OLD CODE# D-367) C/S 666 TR 2, IN SW4 9-1S-26E 0.39 ACRES ANNEX (90); C/S 2783 TR IN SW4 & SE4 8-1S-26E 57.17 ACRES ANNEX(94); OLD #(D370) COS 3128 TR 1 IN SW4 9-1S-26E 1.286 ACRES(03) ANNEX (90); POPELKA INDUSTRIAL TRACTS 1 ST TRACT 1 8-1S-26E 0.897 ACRES; OLD 375) SUGAR SUB LOT 16 & N2 OF LOT 17 9 1S 26E (NEWMAN SCHOOL) 5.01 ACRES; (OLD CODE D01395) POPELKA COMMERCE CENTER SUB, BLK 1, LOT 3 8-1S-26E 11.51 ACRES (04); WEBER SUB 2ND, BLK 5, LOT 10 9-1S-26E 0.189 ACRES; (OLD CODE D01395) POPELKA COMMERCE CENTER SUB BLK 1, LOT 2, 8-1S-26E 0.442 ACRES (04); WEBER SUB 2 ND, BLK 6, LOT 10 9-1S-26E 0.189 ACRES; (OLD CODE D0139) POPELKA COMMERCE CENTER SUB BLK 1, LOT 1, 8-1S-26E 1.172 ACRES (04); (OLD CODE# D-376) AMND C/S 289 TR 19A IN LOT 19 SUGAR SUB 8-1S-26E 0.74 ACRES; (OLD CODE# D-377) AMND C/S 289 TR 19B-1 IN LOT 19 SUGAR SUB 8-1S-26E 0.37 ACRES; (OLD CODE# D-378) AMND C/S 289 TR 19B-2 IN LOT 19 SUGAR SUB 8-1S-26E 0.37 ACRES; (OLD CODE# D-380) AMND C/S 289 TR 20A IN LOT 20 SUGAR SUB 8-1S-26E 0.74 ACRES; STAR SUB, BLK 1, LOTS 1 & 2 9-1S-26E 2.070 ACRES. For the purposes of equitably apportioning special benefit to each lot, tract or parcel of land in the District, as above-mentioned, the Engineer has determined that each lot, tract, or parcel of land, receiving curb, gutter, sidewalks, and necessary street improvements , shall equally bear the costs of the improvements as set forth hereto to arrive at an equal cost for the improvements. The total estimated cost of the Assessment is $145,500.00and shall be assessed against each lot, tract, or parcel of land within the District, as above-mentioned, receiving curb, gutter, sidewalks, and necessary street improvements, on an square foot amount based on the bid price to be received. The square foot amount assessment is estimated to be $0.149894045 per half of the recorded square footage of each lot (1,941,371.30 sf), tract or parcel of land. 7.2. Assessment Methodologies Equitable and Consistent With Benefit. This Council hereby determines that the methods of assessment and the assessment of costs of the specific improvements against the properties benefited thereby as prescribed in this Section 7 are equitable in proportion to and not exceeding the special benefits derived from the respective improvements by the lots, tracts, and parcels to be assessed therefore within the District. Section 8. Payment of Assessments. The special assessments for the costs of the Improvements shall be payable over a term not exceeding 15 years, each in equal semiannual installments of principal, plus interest, or equal semiannual payments of principal and interest, as this Council shall prescribe in the resolution authorizing the issuance of the Bonds. Property Owners have the right to prepay assessments as provided by law. Further, all owners shall have the opportunity to prepay their assessments prior to sale of the SID bonds. Section 9. Method of Financing; Pledge of Revolving Fund; Findings and Determinations. The City will issue the Bonds in an aggregate principal amount not to exceed $291,000.00 in order to finance the costs of the Improvements. Principal of and interest on the Bonds will be paid from special assessments levied against the properties in the District. This Council further finds it is in the public interest, and in the best interest of the City and the District, to secure payment of principal of and interest on the Bonds by the Revolving Fund and hereby authorizes the city to enter into the undertakings and agreements authorized in Section 7-12-4225 in respect of the Bonds. In determining to authorize such undertakings and agreements, this Council has taken into consideration the following factors: Estimated Market Value of Parcels. The estimated market value of the lots, parcels, or tracts in the District as of the date of adoption of this resolution, as estimated, by the County Assessor for property tax purposes ranges from $20,010.00 to $1,336,194.00 and is set forth in Exhibit E. The average market value is $192,361.33 with the median being $70,263.50. The special assessments to be levied under Section 7 against each lot, parcel, or tract in the District is less than the increase in estimated value of the lot, parcel, or tract as a result of the construction of the Improvements. Diversity of Property Ownership. There are a total of 30 parcels within the district boundaries. No improvements, public or private, are located on any of the parcels within the District. There are 25 different owners of the 30 parcels in the district boundaries. Comparison of Special Assessments and Property Taxes and Market Value. Based ---PAGE BREAK--- on an analysis of the aggregate amount of the proposed, any outstanding special assessments (whether or not delinquent), and any delinquent property taxes (as well as any known industrial development bonds theretofore issued and secured by a mortgage against a parcel in the District) against each lot, parcel, or tract in the District in comparison to the estimated market value of such lot, parcel, or tract after the Improvements, the City concludes that, overall, the estimated market value of the lots, tracts, or parcels of land in the District exceeds the sum of special assessments, delinquent property taxes, and current assessments and is set forth in Exhibit E. Delinquencies. An analysis of the amount of delinquencies in the payment of outstanding special assessments or property taxes levied against the properties in the District shows that of 30 properties, one property was delinquent which represents 3.3% of the total number of properties in the District, and is set forth in Exhibit E. The Public Benefit of the Improvements. The total estimated cost of installing these public improvements is $2,431,000.00, the full cost of which $291,000.00 would be recovered through direct assessments to property owners within the District. There are a total of 30 parcels within the District. Of the 30 parcels within the District, 27 parcels are developed. This condition is necessary to satisfy the City's Special Improvement District Policy regarding raw land subdivision. The public improvements contemplated under the terms of this proposed District are required by the City Subdivision, Site Development and Zoning Ordinances. Properties are zoned "Controlled Industrial", "Residential 7000 / 6000 / 9600", General Commercial" , "Residential Manufactured Home", "Public", "Community Industrial", "Highway Commercial", and " Residential Multi Family". Section 10. Reimbursement Expenditures. 10.01. Regulations. The United States Department of Treasury has promulgated final regulations governing the use of proceeds of tax-exempt bonds, all or a portion of which are to be used to reimburse the City for project expenditures paid by the City prior to the date of issuance of such bonds. Those regulations (Treasury Regulations, Section 1.150-2) (the "Regulations") require that the City adopt a statement of official intent to reimburse an original expenditure not later than 60 days after payment of the original expenditure. The Regulations also generally require that the bonds be issued and the reimbursement allocation made from the proceeds of the bonds within 18 months (or three years, if the reimbursement bond issue qualifies for the "small issuer" exception from the arbitrage rebate requirement) after the later of the date the expenditure is paid or (ii) the date the project is placed in service or abandoned, but (unless the issue qualifies for the "small issuer" exception from the arbitrage rebate requirement) in no event more than three years after the date the expenditure is paid. The Regulations generally permit reimbursement of capital expenditures and costs of issuance of the bonds. 10.02. Prior Expenditures. Other than expenditures to be paid or reimbursed from sources other than the Bonds, (ii) expenditures permitted to be reimbursed under the transitional provision contained in Section 1.150-2(j)(2) of the Regulations, (iii) expenditures constituting preliminary expenditures within the meaning of Section 1.150-2(0(2) of the Regulations, or (iv) expenditures in a "de minimus" amount (as defined in Section 1.150-2(0(1) of the Regulations), no expenditures for the Improvements have been paid by the City before the date 60 days before the date of adoption of this resolution. 10.03. Declaration of Intent. The City reasonably expects to reimburse the expenditures made for costs of the Improvements out of the proceeds of Bonds in an estimated maximum aggregate principal amount of $291,000.00 after the date of payment of all or a portion of the costs of the Improvements. All reimbursed expenditures shall be capital expenditures, a cost of issuance of the Bonds or other expenditures eligible for reimbursement under Section 1.150-2(d)(3) of the Regulations. 10.04. Budgetary Matters. As of the date hereof, there are no City funds reserved, allocated on a long-term basis or otherwise set aside (or reasonably expected to be reserved, allocated on a long-term basis or otherwise set aside) to provide permanent financing for the expenditures related to the Improvements, other than pursuant to the issuance of the Bonds. The statement of intent contained in this resolution, therefore, is determined to be consistent with the City's budgetary and financial circumstances as they exist or are reasonably foreseeable on the date hereof 10.05. Reimbursement Allocations. The City's financial officer shall be responsible ---PAGE BREAK--- CHARLES F. TOOLEY Mayo for making the "reimbursement allocations" described in the Regulations, being generally the transfer of the appropriate amount of proceeds of the Bonds to reimburse the source of temporary financing used by the City to make prior payment of the costs of the Improvements. Each allocation shall be evidence by an entry on the official books and records of the City maintained for the Bonds or the Improvements and shall specifically identify the actual original expenditure being reimbursed. Section 11. Public Hearing Protests. At any time within fifteen (15) days from and after the date of the first publication of the notice of the passage and approval of this resolution, any owner of real property within the District subject to assessment and taxation for the cost and expense of making the Improvements may make and file with the City Clerk until 5:00 p.m., M.T., on the expiration date of said 15-day period (March 18, 2005), written protest against the proposed Improvements, or against the extension or creation of the District or both, and this Council will at its next regular meeting after the expiration of the fifteen (15) days in which such protests in writing can be made and filed, proceed to hear all such protests so made and filed; which said, regular meeting will be held on Monday the 28th day of March 2005, at 6:30 p.m., in the Council Chambers, at 220 North 27 th Street, in Billings, Montana. Section 12. Notice of Passage of Resolution of Intention. The City Clerk is hereby authorized and directed to publish or cause to be published a copy of a notice of the passage of this resolution in the Billings Times, a newspaper of general circulation in the county on March 3rd and March 10, 2005, in the form and manner prescribed by law, and to mail or cause to be mailed a copy of said notice to every person, firm, corporation, or the agent of such person, firm, or corporation having real property within the District listed in his or her name upon the last completed assessment roll for state, county, and school district taxes, at his last-known address, on or before the same day such notice is first published. PASSED AND ADOPTED by the City Council of the City of Billings, Montana, this 28th day of February 2005. Attest: `maw IJAA t21 MARITA HEROLD, CMC/AAE City Clerk ---PAGE BREAK--- • 19 18 r 1 6 JO 9 a 7 6 5 2 RI AN. C,75 1213 LEGEND A C/S 92 298 A AM 1 UB. SCALE: 1" = 500' SUB. 3RD PILING MILLER CROSIING t -Uf3DIVIS rI or 7 7, 11 CERT, , FLA NA3A " SLCL V Eli 2, 35 A AO. 7 14 9 CS 0 IQ 273 ,201 116A 15 25 IC DR. RETZLAF ACREAGE TRACT 1 IF 9 P42 i7 AMENZ 28 SCI 4 CERT. 473 MEN 0 4 CERT. 546 5 TR.2A A 0 2 RUTH AVE C T. r_314 L- 3 1 I 29 STREET Mint SUGAR SUB. S-20 17 MAP NUMBER (See attached Owner list) 77? 1 SID1373 BOUNDARY 765 POB STONE ST CERT. 2783 SW WAIVER mem fl IA I24I.i5A46 It SillS 11.111 RES 194-168138 IA 19 'Cl , 2 ST AR 0 [PHONE REDACTED] air - COUNTY ORA kl I NUMAR7 r ) wri 'C o REAL PROPERTY LOCATED IN THE STATE OF MONTANA, EXHIBIT - THE CITY OF BILLINGS, COUNTY OF YELLOWSTONE, SITUATED IN THE EAST 1/2 OF SECTION 8 AND THE SID 1373 WEST 1/2 OF SECTION 9, SOUTH OF THE BURUNGTON NORTHERN RIGHT OF WAY, TOWNSHIP 1 SOUTH, RANGE SOUTH BILLINGS BLVD. 26 EAST, P.M.M. ---PAGE BREAK--- EXHIBIT B BOUNDARY FOR SID 1373 A portion of Sections 8 and 9, Township 1 South, Range 26 East, P.M.M., in the City of Billings, County of Yellowstone, State of Montana, described as follows: Beginning at the southeast corner of Tract 1 of Popelka Industrial Tracts Subdivision, located in the southeast quarter of Section 8, Township I South, Range 26 East, P.M.M., Yellowstone County, State of Montana, filed in the official records of said County, said point being on the west right-of-way line of South Billings Boulevard, thence westerly along the south line of said Tract 1 to the southwest corner of said Tract 1; thence northerly along the west line of said Tract 1 to the northwest corner of said Tract 1, said point also being on the south line of Tract 1 of Certificate of Survey No. 2783 filed in the official records of said County; thence westerly along the south line and southerly along the east line of said Tract 1, Certificate of Survey No. 2783 to a point common to said Tract 1 and Tract 3 of said Certificate of Survey No. 2783, said point also being on the north right of way line of King Avenue; thence westerly along the south line of said Tract 1 to the southwest corner of said Tract 1; thence northerly along the west line of said Tract I to the northwest corner of said Tract 1; thence easterly along the north line of said Tract 1 to a point of intersection of the north line of said Tract 1 and the southerly projection of the west line of Lot 10, Sugar Subdivision filed in the official records of said County, said point also being on the south right-of-way line of Simpson Street; thence northerly to the southwest corner of said Lot 10, Sugar Subdivision, said point being on the north right-of-way of Simpson Street; thence northerly along the west line of said Lot 10 to the northwest corner of said Lot 10; thence continuing northerly along the west line of Lot 9B of Amended Lot 9, Sugar Subdivision, filed in the official records of said County, to the northwest corner of said Lot 9B; thence easterly along the north line of said Lot 9B to the southwest corner of Lot 9C of said Amended Lot 9, Sugar Subdivision; thence northerly along the west line of said Lot 9C to the northwest corner of said Lot 9C; thence continuing northerly to a point of intersection with the south line of Lot 8 of said Sugar Subdivision; thence westerly along the south line of said Lot 8 to a point 100 feet east of the southwest corner of said Lot 8; thence northerly along a line 100 feet east of and parallel to the west line of said Lot 8 to a point on the south line of Lot 7 of said Sugar Subdivision; thence westerly along said south line of Lot 7 to the southwest corner of said Lot 7; thence northerly along the west line of said Lot 7 to the south right-of-way line of Wonder Park Drive; thence easterly along said south right-of- way line to a point of intersection of said south right-of-way line and a southerly projection of the west line of a portion of Lot 6, of said Sugar Subdivision as described as Parcel B of the Quit Claim Deed recorded as Document No. 1809991 filed in the official records of said County; thence northerly to the southwest corner of said Parcel B; thence continuing northerly along the west line of said Parcel B to the south line of the northerly portion of said Lot 6, Sugar Subdivision as described in Quit Claim Deed recorded as Document No. 1768739 filed in the official records of said County; thence westerly along said south line to the southerly right-of-way of Underpass Avenue; thence northeasterly along said southerly right-of-way to the east line of said Lot 6, Sugar Subdivision; thence continuing in a northeasterly projection crossing South Billings Boulevard to the ZAPWE-MattieA3S Billings Blvd wo - 04-11 SID 13733SID 1373 Meets Bounds.doe 1/1 ---PAGE BREAK--- northwest corner of Tract 1 A of Certificate of Survey No. 1456, Section 9, Township 1 South, Range 26 East; P.M.M., filed in the official records of said County, thence continuing northeasterly along the north line of said Tract 1 A to the northeast corner of said Tract 1A; thence southeasterly along the easterly line of said Tract lA to a point common to said Tract IA and Tract 2A of said Certificate of Survey No. 1456, said point also being the west end of the northerly most line of said Tract 2A; thence easterly along said northerly line to the northeast corner of said Tract 2A; thence southerly along the east line of said Tract 2A to the southeast corner of said Tract 2A; thence continuing southerly along the east line of Lot 14 of said Sugar Subdivision to the northeast corner of a 1.05 acre tract as shown on Certificate of Survey No. 349 filed in the official records of said County; thence continuing southerly along the east line of said 1.05 acre tract to the southeast corner of said 1.05 acre tract; thence continuing southerly along the east line of said Lot 14, Sugar Subdivision, to the southeast corner of said Lot 14, said point also being the northeast corner of Lot 15 of said Sugar Subdivision; thence continuing southerly along the east line of said Lot 15 to the northeast corner of Tract 1-B of the Plat of Tract B Amended of Certificate of Survey No. 471 of a Tract of Land in Lot No. 15, Sugar Subdivision, filed in the official records of said County; thence continuing southerly along the east line of said Tract 1-B and Tract 2-B of said Plat of Tract B Amended to the southeast corner of said Tract 2-B, said point also being the northeast corner of Tract A, Certificate of Survey No. 471 of a Tract of Land in Lot No.15 of said Sugar Subdivision, filed in the official records of said County; thence continuing southerly along the east line of said Tract A to the southeast corner of said Tract A, said point also being the southeast corner of said Lot 15, Sugar Subdivision; thence continuing southerly along the east line of the NW ANWV4SW% of said Section 9 to the northeast corner of a tract of land in the SIANWANWASW% of said Section 9 as shown on Certificate of Survey No. 473 filed in the official records of said County; thence continuing southerly along the east line of said Tract to the southeast corner of said Tract; thence continuing southerly along the east line of said NWANWV4SW1/4, Section 9 and the east line of the SW/NW/4SW%, Section 9 to the northeast corner of Tract 5 of Certificate of Survey No. 666; thence westerly along the north line of said Tract 5 to the northeast corner of Tract 3 of Said Certificate of Survey No. 666; thence continuing westerly along the north line of said Tract 3 to the northeast corner of Tract 1 of said Certificate of Survey No. 666; thence southerly along the east line of said Tract 1 to the southeast corner of said Tract I, said point also being the northeast corner of Tract 2 of said Certificate of Survey No. 666; thence continuing southerly along the east line of Tract 2 of said Certificate of Survey No. 666 to the southeast corner of said Tract 2; thence westerly along the south line of said Tract 2 to the northeast corner of Tract 1 of Certificate of Survey No. 3128; thence southerly along the east line of said Tract 1 to the southeast corner of said Tract 1, said point also being on the north line of Lot 16 of said Sugar Subdivision; thence easterly along the north line of said Lot 16 to the northeast corner of said Lot 16; thence southerly along the east line of said Lot 16 and continuing southerly along a portion of Lot 17 of said Sugar Subdivision to a point of intersection of said east line and the north line of Weber Subdivision, 2 nd Filing; thence westerly along said north line of Weber Subdivision to a point of intersection of said north line and the northerly projection of the east line of Lot 10, Block 5, of said Weber Subdivision, 2 nd Filing; thence southerly to the northeast corner of said Lot 10, Block 5; thence ZAPWE-Mattie/MS Billings Blvd wo - 04-11 \ 510 1373 \ SID 1373 Meets Bounds.doc I/1 ---PAGE BREAK--- continuing southerly along the east line of said Lot 10, Block 5 to the southeast corner of said Lot 10, Block 5, said point being on the north right-of-way of Stone Street; thence crossing Stone Street to the northeast corner of Lot 10, Block 6, of said Weber Subdivision, 2 nd filing, said point being on the south right-of-way of Stone Street; thence continuing southerly along the east line of said Lot 10, Block 6 to the southeast corner of Lot 10, Block 6; thence continuing southerly on a projection of said east line to the north line of Lot 19A, Certificate of Survey No. 289 filed in the official records of said County, also being Lots 19-21 of said Sugar Subdivision; thence easterly along said north line to the northeast corner of said Lot 19A; thence southerly along the east line of said Lot 19A to the northeast corner of Lot 19B1 of Amended Certificate of Survey No.289, filed in the official records of said County; thence continuing southerly along the east line of Lots 19B1 and 19B2 of said Amended Certificate of Survey No. 289 to the southeast corner of said Lot 19B2; thence westerly along the south line of said Lot 19B2 to the southwest corner of said Lot 19B2, said point also being on the east right of way line of South Billings Boulevard; thence northwesterly crossing South Billings Boulevard to the point of beginning being the southeast corner of said Tract I, Popelka Industrial Tracts Subdivision, said point being on the west right of way line of South Billings Boulevard. Z:\PWE-MattieA\S Billings Blvd wo - 04-11 \ SID 1373 \ SID 1373 Meets Bounds.doc I/ ---PAGE BREAK--- 3 V 69 .0 t9 En 411 A- -4 4, J t".3 -4 cn 131 -4 c° 0 07 0 6 6 6 0 o c, Co O CD O 0 0 4rn Co Co cn a co lo • I 3 z o coc--“ncnomn—im m 1 1 i L: (7 it 0 3 .5 0 _ ) 9 . 8 • C :I I 29_7 I ! . , . . i CD -9 . . "St c al F.D:c 1 ilr .cm -0 a c) SO= 0 0. CA 5 a hu.. <4 > c o) a a = .43, CD -1 S. 0 co c, a O. a - 0 5.0 la C al 0 0 * 0 1:1 73 'C -8 -8 = . . — 0 0 5 . _ NJ 11) S1 < At 7" 7- CD aa a a Ca t1:1 M CDCC 0 - m A 07 3 3 W. ai a ( A _ 0 0 a 73 C 10 - 7 CD ID Eli 77 0 a 3 a -c a to ED z cm i 0 — A 0 W . ye C :2 = n, os > /I ei, . 0 r4 O > i 3 5 a W li a a C D ar il, co 1 I o c 0 0 rc 0 . z - m CI 5. co a co 6 C E g 0 0 . (0 -N3 a, -.re , C..3 L..3 CD 111 7 mI O 4 — 0, 0 co -4 oo a CO 0, a a a = = 0 A Ln CO 17. N 0 D a0 0 .2 Cr C 0_ a 3 a a o 5 0 0 IT, 0 Co Co 0 CO I- n- I- C a Th• c -c a 'n TT 'n -n "ri co CO 93 El g m = o = g D ark a 0 0 C o a co o a X 0 R; C a , pi -4 0 to c - - al al 0 o CT 0 -4 A to -4 -4 0 cn co 3 0 co co Ni co co cm co CO -4 en . 000000000707 rl-t S° n9 A cna N o9 nii CO 0, -4 to 0, A 0, 1-11 Is .1n NJ CO Co 0, al O 0 0. a cn . _ co co —f -4 no a 6.3. co cc o -0 .0 Ln 0, OD 1/41.-4 1...4,1 00 000 0 03/47 07 co go 5 5 1 g e O 77 0 a c cp D O o z - 9 g E a = z 0 In ..3...1.18IHX3 ---PAGE BREAK--- EXHIBIT D SID 1373 South Billings Boulevard — Between King Avenue and Underpass Avenue PROJECT DESCRIPTION Special Improvement District No. 1373 shall construct the following improvements to South Billings Boulevard — Between King Avenue and Underpass Avenue. South Billings Boulevard — Between King Avenue and Underpass Avenue. 1) Construction of street improvements, which shall include curb and gutter, sidewalk, drive approaches and realignment of South Billings Boulevard. 2) Modification of existing utilities and services along South Billings Boulevard. 3) Construction improvements include a City of Billings funded water main replacement in and Street improvements. ---PAGE BREAK--- x!xlx I m 0 0 ' c4:0 ,o IM A did IR.: co '0 in, IQ , 0 a a ia !73 mx2, ERR cc I.Soc, z ,T 0cli KKKcilc)IE 0 5: 5: 'a m 6 6 Im -o , I -0 0 0 07 g.:5 I Pia Er U.):C5. I al a 5 5' 101 U Ci 15. 1: a , = 8!3 H 0 g 3 0 I 3 i 8 0 0 4040404. AAAA aaaa W WWW WWWW 60490,40 -.Iaa-. I WIW , ZE! 13 WiNa0 03 WAw ma 96 I I IV Cfl CD -o co 0 molawm-, 101coco,lawa I . I i 1 ! I ! , 010:01>>>0000.0 i 000 0 0 0 010 I 0000000 , 00 oic601-, w (6.(6ocrolcDocmacla aola , oloacpcoolc ; o a a a aala a co w W a a a a a a a a a, a a a MICTICTI 1 0 M ANAW iCDIWWW w Ww1W , WWWW.WWWI l CPM MIQDCOVW-AW-J00-4-4,(0-4-4 I 6-40-4103MWOWWWW WIAIWMAMMW.AWI40-,WM>a M 0103k13-4W(MaA0iWW I ' 1 , 1 . ' , 1 , a IS; la el a 9) N _sa lsa _smma 494,49 0369694, 49 > DC0 gwe5 -4 -4.0) WATP0aN 43.03, --40.14 1 A ,INWWW NH ,waaa a a m la K) ro N : a 2 a CAM aWCD^10A C0a44-4WAWAaMNICh W N301 MCDOW'CD-4 Wa0WWI0aWOMM-4 3 :I m 6 ca cy 1 m -4-4.0),(mmw WWW,WJNOWAW Mwam ' A 41 K36-.1 ODN'aMACOWWWW W aa, A--JO'WWK3 WJWINJWWAJWN--4W W WW WWRAWI001M690) a Al aWOIN aaa WV A AWICPCOWWI-, a -I cnica-4ww;o1.4pwownc0-4-4womawomw OAM.0,-, Wan3WW 401\)+AAANWWAW -a -0 -0 wm...comma.-awcar-.m-I woa acathovw.cI -4 66,6 6.6cmooto.000( b 60000006Obb -cDt.is 00(M00000000001000000000000000 1 W ca aWWW WWW4040-4 w WWWW -JA0MWOMMWAVC000 ,4 0 01+ NaACWWW+,10010-4JMN W O O.4 ooccwo-, -.(6a-Awommoca-,,wmwwa--.1ww-4w:cmcm waa!mlm oicmcoi-A C)„.1 X —Fm! H I I ' em 14914,to to so tole) to to to to *molly, to EA to to to EA —h I4, cn 4 l'a) 'Cr' I , , -4 HC4 CM I -01W W 1N'.0 M PIN . a apI M.WWWL-.co W a...-4wwmm co-Joimul l wa-4ww-4w I I i 40.4,49WWW 1 4069WWW:4, W490404494,044, , I 1 I I WA00 1 +14) 00-40 4-4NWWW aW0-4.04 03aA IFODIAWAaMMCD 000401,3J Wa0flIcDaWOCON^J WWW+'CAWJNOWAW, 694,4,4,4,64,11 494,.9 wl , W wwww 'mbOW wwmw eeee www A o im om---reawooa fl:cfl:nn (TWW:-i.WWWA I a+W.0,0 a. CD iD W A 6 6 mco(0:ezmmweml-A-.a.cycm ;:ge.Sfl2P.SS1 3 2-3 2-'4: x000 00 7373073023m Tc030303 11'2 37 0 0 10; 0 0 0 0 0 Fal cigin.P 12 g2 cc g 2 0 U cr) ° CT, ° < a fzgHigiirps 0 Lk 015 cz "6 az3 - ff o g o° ffa ; 3 g3 2-3 c gEgg° g 3 0) 3 ooStoRms,mc 3 o 3 o333 o c, o ° F° ° W, ° P0325EHIETE333R2 . EE ETE ---PAGE BREAK--- CITY OF BILLINGS, MONTANA SPECIAL IMPROVEMENT DISTRICT ASSESSMENT DATA PART II DATA PROCESSIN CARDS CC CONSULTANT TO COMPLETE DATE: February 14, 2005 S.I.D. NUMBER: 1373 S.I.D. DESCRIPTION: Cub, gutter, and street improvements YEARS TO BE ASSESSED: 15 TOTAL S.I.D. AREA: 46.6± AC. MEASUREMENT: SF X LF X OTHER S.I.D. COSTS: x ESTIMATED PER PRELIMINARY PLANS ESTIMATED PER BID PRICE FINAL PER ACTUAL CONSTRUCTION S.I.D. MAIN IMPROVEMENT COST: $ 291,000.00 CODE QUANTITY UNIT COST TOTAL 1 ASSESSMENT 4,270.15 LF 34.07374415 $ 145,500.00 #1 2 ASSESSMENT 1,941,371.30 SF 0.149894045 $ 145,500.00 #2 TOTAL PROJECT COST = $ 291,000.00 (ALL COSTS TO INCLUDE PRORATA SHARE OF ADMINISTRATIVE COSTS) CITY CENTRAL SUPPORT SERVICES TO COMPLETE FIRST YEAR TO BE ASSESSED: TYPE ASSESSMENT: PENDING FINAL INTEREST RATE: BOND ISSUE RATE: SID 1373 Assmt Data A&B 2 A 6- A 59 — A 61— ---PAGE BREAK--- 444 V ummilgtg,ittz=800-40.4-0— 000›v , >00000000g „ 0g0000000000000 . . 0..ama.....m 45 .,15 0 , 0 _ 0 IC/S 289 AMND TR 19B IC/S 289 TR 19B IC/S 289 TR 19 IWE BER SUB 2ND IPOPELKA INDUSTRIAL TRACTS 'WEBER SUB 2ND IOLD CD 375) SUGAR SUB 16 IOLD 370) IC/S 2783 TR 1 IC/S 666 TR 2 IN SW4 SEC 9 IC/S 666 TR 2 IN SW4 SEC 9 IOLD CD 161 -1 ) SUGAR SUB LOT 10 IS 2A OF N4A OF LOT 5 IOLD 364) N 2A OF LOT 5 'SUGAR SUB 9B IOLD 363)S 132' OF LOT 4 'SUGAR SUB . LOT 9C (91) IC/S 473 IN LOT 4 IPP 9-424 & PP I OLD #(1)361 ) N2 OF LOT 4 I OLD 1 66) SUGAR SUB IC/S 471 AMND TR A I OLD 165) SUGAR SUB LOT 7 ' SUGAR SUB E473.6' OF S10' OF 13 IOLD 1 63) SUGAR SUB I OLD 349) SUGAR SUB I OLD 348) SUGAR SUB I OLD #(D-347-1 ) C/S 1456 TR 2A AMEND I PP # 9-424 @ 4848 UNDERPASS AVE I OLD #(D347) AMND C/S 1 456 TR 1 Legal 19B 19B 19 I 10 10 I 16 0 2 0 10 0 0 9B 0 9C 0 8 0 . 15 7 13 O) I 13 13 02A 6 , SI 0 0 0 6 0 5 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 t o 0 0 GO 0 n F I 2,028,491 .30 16,030.08 ! 16,030.08 I 32,101 .00 I 8 ,238.00 I 39 ,082.32 8 ,238.00 218,229.18 56 ,018 .00 2,490 ,325 .00 1 6 ,800.00 22 ,851 .00 120,605.33 83 ,1 60 .00 87 ,120 .00 75 ,228.12 87 ,120.00 37 ,679 .40 1 25 ,017.20 83 ,993.90 206 ,91 0.00 23,421 .48 83,957.50 146,698.37 21 5,087.70 49,350.00 1 2,624.00 11 ,200.00 226,337.80 46,392 .24 61 ,288.92 > i a m I 1 5856.1 7 I 52.58 52.58 I 1 05.1 5 I 125.20 I 140.00 I 125.20 I 330.60 I 264.26 660.37 56.00 I 76 .16 321 .70 1 32 .00 132 .00 200.60 132.00 21 0.60 198.00 326 .00 330.00 85 .20 150 .00 39 1 .00 332.00 246.75 80.34 I 70.00 196.94 252.00 80.94 m a g 0 0 ? 71 145,500.00 4,770.32 I 1 1 ,264.78 9,004.33 1,908.13 2,595.06 I 10,961 52 4 ,497 .73 4,497 .73 6 ,835.19 7,175 .93 6 ,746.60 11 ,108.04 11 ,244 .34 2 ,903 .08 5 ,1 11 06 1 3 ,322 .83 11 ,312 .48 L 8,407 .70 2 ,737 .48 2 ,385 .1 6 6,710.48 Per Linear Foot of Frontage Assessment # 1 Linear Foot Method of Assessment $ 34.0737442 I $ 145,500.00 2,929.10 16,355.63 4,198.38 1,259.1 1 1 ,712.61 9,039.01 6,232.59 6,529 .38 2,823 .96 9 ,369.67 6 ,295 .09 1 5 ,507.29 1 ,755.37 6 ,292 .36 10 ,994 .61 1 6 ,120 .1 8 3,698 .64 946 .1 3 839.41 16 ,963 .34 IPer P roperty Assessment # 2 Square Foot Method of Assessment $ 0.149894045 I 1 $ 291 ,000.00 I 4ft 1 Is - I 40 10 1 7,699.43 I .10 e I 1 $ 27,620.41 I I $ 1 3,202.71 I I s - I I $ 3,167.24 1 I $ 4,307.67 1 $ 20,000.63 I $ 10,730.33 I 1 $ 1 1 ,027.1 2 5,638.12 I I I $ 12 ,473 .32 40 1 $ 9,999.89 I s 16,116.27 I I $ 17,403.13 ] 1 $ 26,751 .62 I I $ 4,658.45 I $ 11 ,403.43] I $ 24,317.44 I I $ 27,432.67 I $ 12,106.33 I $ 3,683.62 $ 3,224.57 $ 23,673.83 to 1 40 1 I Total Cost I 0 0 5 ci m m at 3 3 Roo a • a 3, gmt ES • § c • i 0 O — 7 7 N