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RESOLUTION 05-18287 A RESOLUTION TO EXPAND THE BOUNDARIES OF EXTENDED SPECIAL IMPROVEMENT MAINTENANCE DISTRICT NO. 4014 FOR THE PURPOSE OF MAINTAINING THE EXISTING AND FUTURE PARK IMPROVEMENTS IN RUSH AND SHILOH POINT SUBDIVISIONS TO INCLUDE GOODMAN SUBDIVISION, IMPROVEMENTS INSTALLED BY THE DEVELOPER AS PART OF A FUTURE CONSTRUCTION PHASE OF THE SUBDIVISION. WHEREAS, City Council of Billings, Montana hereby finds, determines and declares that: 1. The public interest and convenience require expanding the boundaries of Extended Special Improvement Maintenance District No. 4014 created by Resolution 03-17943 on January "rhy 2003. 2. 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 cost and expenses of the district. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BILLINGS: 1. Jurisdiction and Creation: Extended Special Improvement Maintenance District No.4014 is of more than local or ordinary public benefit. The Council has acquired jurisdiction to order the improvements and it does hereby expand the boundaries of Extended Special Improvement Maintenance District No. 4014. All lands included in the expanded boundaries of Extended Special Improvement Maintenance District No. 4014 are benefited and no lands that are not benefited have been included in said district. 2. General Character of Improvements and Maintenance: The general character of the improvements to be maintained is as follows: landscaping, trees, irrigation systems, irrigation system water services, and other park equipment and improvements installed by the developer and as part of a future Special Improvement District. 3. Boundaries: The boundaries of the district are described and designated on Exhibit attached hereto. 4. Maintenance Estimate: The estimated cost of the proposed expansion maintenance for the current year shall be $0.00206 as described in the Maintenance Estimate attached hereto as Exhibit 5. Assessment Method: All of the costs and expenses of the district will be assessed against the entire district, and each lot or parcel of land within the district will be assessed for that part of the whole cost which its assessable area bears to the total assessable area in the entire district, exclusive of streets, avenues, alleys and public places. Assessments for each lot during the current year will be approximately $0.00206 per square foot of lot area. 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. 6. Payment of Assessment: The assessments for all maintenance and costs of the district shall be paid in equal annual installments, provided that the payment of one-half of said annual assessment may be deferred to May 31st of the year following the assessment. All money derived from the collection of said assessments otherwise shall constitute the existing fund known as Fund of Special Improvement Maintenance District No. 4014. 7. Bonds for Improvements: There will be no bonds sold for this district as it is for maintenance only. 8. Engineering: No engineering will be required for the maintenance of the district. 9. 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--- CITY CJ BILLINGS By: 7;1/1,414C Kir Charles F. Tooley Mayor 1* 14 SEAL ',„„scot, • 13th PASSED AND APPROVED by the City Council of the City of Billings, Montana this day of June, 2005. oft su4.74,„. ATTEST: kos-- By: ClAint ) hh-e/i Marita Herold, CMC/AAE City Clerk ---PAGE BREAK--- rtri 1' ;_t.;_,FrIl - n - 7 - :lit IR re 999, a999,9 crs e99 At, 1 C. of S 12313 AM a 9 I I r,-1 Le I / '9 13 - J _ s bony LW if sr , t If 1-e51 11111411 • 4 III42-K 6 001'4/100) SPECIAL DIPROWMENT MAINTENANCE DISMICT zr ---AT No. 4014 BOUNDARY Par; slot I tmc 419.703 ,4,7J - 7_1+ 9 tAtitittO " ark at 13 Elia to ma a coalmen-iambi, ,,opelpri!wwiRmtigiip C/S 2 113 .11, TR C -3 2085 IT FT L L: L_ r h ; ;.;19,99L, _ CRODMIN .39.6 . 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Seca fa and a maw • pa Gm the barb 424-elay a • ma Rom am. al ow away 1141-obay a 01742,• • • tam of 147.74 leet law Oa • abet ta to the rIght tab • ala of 20.00 114t. • 461•••• • 31 44 at. bad srs *rent 19. a ea ema za-ss 9..t) • • seed the rawly ra-of-ta 114 .tae *Ir: Swam ma ad athely mt•-•emm 111114•• If • raw. • I 790.46 a to • mint m may e19144-a be .4 414 tat la thane • 00•2'30' • itate ef 3.72 tat le the allat • Let 17. 111•4 5 flame Subaelon, Fat fa Vance N lane • • Oda. • 455.00 ow si4 maws ma a im vas orru'at • of 251 72 fat to a athat Gar Lot . both Gonna Subdivides. on* Fans tab N Wear tf an. ef Ma het tam ▪114r3TO• IE • Paha of 320.07 Int t• pat of arra um maws lobt Mall a a of S5.703 Oa VICINITY MAP w • rm-r- tarmsar--r 99999 aorta MOMS* De ---PAGE BREAK--- EXHIBIT EXPANDED SPECIAL IMPROVEMENT MAINTENANCE DISTRICT No. 4014 BOUNDARY DESCRIPTION: Considering the basis of bearings to be those shown on the individual recorded plats and certificates of survey with no adjustment or correction being applied: Beginning at a point which is the southwest comer of Lot 18, Block 2 of Shiloh Point Subdivision; thence, along the easterly right-of-way of 43"I Street West (aka Larchwood Lane), N 00°43'18" E a distance of 1998.96 feet to the northwest comer of Lot 18A, Block 14 of Rush Subdivision, Eighth Filing; thence along a non-tangent curve to the right having a radius of 280.00 feet, a distance of 30.16 feet, (chord bearing of N 83°34'53" W, chord distance of 30.15 feet); thence N 00°43'18" E a distance of 302.58 feet to a point on the southerly right-of-way of Poly Drive; thence, along said right-of- way line, S 88°08'37" E a distance of 803.93 feet to a point on the westerly line of Lot 7, Block 9, Rush Subdivision, Fifth Filing; thence, along said westerly line, S 01°47'09" W a distance of 146.08 feet to the northwest comer of Lot 8A of the Amended Plat of Lot 8, Block 9, Rush Subdivision, Fifth Filing; thence S 01°32'30" W a distance of 86.93 feet to the southwest comer of said Lot 8A; thence S 40°43'31" E a distance of 222.43 feet to the southerly comer of Lot 10 of said Block 9; thence S 36°04'21" E a distance of 113.64 feet to the southerly comer of Lot 12 of said Block 9; thence S 24°29'07" E a distance of 99.88 feet to the southwest comer of Lot 13 of said Block 9; thence S 70°39'39" W a distance of 113.54 feet to the northwest comer of Lot 15 of said Block 9; thence, crossing the Elsa Drive right-of-way, S 76°18'50" W a distance of 162.41 feet to the northeast comer of Lot 8, Block 13 of Rush Subdivision, Sixth Filing; thence S 00°51'39" W a distance of 520.00 feet to the northeast comer of Lot 13A, Block 13 of Rush Subdivision, Eight Filing; thence S 89°08'21" E a distance of 612.19 feet to the northeast comer of Lot 19A, Block 13 of said Rush Subdivision, Eight Filing; thence N 66°23'09" E a distance of 36.98 feet to the northeast comer of Lot 20A, Block 13 of said Rush Subdivision, Eight Filing; thence S 23°36'51" E a distance of 120.00 feet to the southeast comer of said Lot 20A; thence S 34°57'10" W a distance of 101.53 feet to a point on the northerly line of Lot 1-A, Block 7 of Rush Subdivision, Seventh Filing; thence, along said northerly line, N 68°22'54" E a distance of 67.63 feet to the northeast comer of said Lot 1-A; thence S 23°16'01" E a distance of 187.59 feet to the easterly comer of said Lot 1-A; thence S 00°44'29" W a distance of 189.87 feet to the southeast comer of said Lot 1-A and also being a point on the northerly right-of-way line of Parkhill Drive; thence, along said northerly right-of-way line, S 89°15'31" E a distance of 190.00 feet to the westerly right- of-way line of Shiloh Road; thence, along said westerly right-of-way line, S 00°44'29" W a distance of 100.00 feet to a point on the northerly line of Lot 5, Block 6 of Rush Subdivision, Second Filing; thence N 89°15'31" W a distance of 320.00 feet to the northeast comer of Lot 1, Block 2 of Shiloh Point Subdivision; thence S 00°57'20" W a distance of 500.24 feet to a point on the northerly line of Tract 1B of Amended Tract 1 of Certificate of Survey No. 2563; thence N 89°08'06" W a distance of 308.62 feet to the northeast comer of Lot 8, Block 3 of Goodman Subdivision, Third Filing; thence ESIMD LEGAL. DESCRIPTION doc - I - 5/5/2005 ---PAGE BREAK--- S 00°42'30" W a distance of 417.42 feet to the northwest comer of Lot 3, Block 3 of said Goodman Subdivision, Third Filing; thence S 89°08'06" E a distance of 621.75 feet to the northeast comer of Lot lA of Plat of Amended Lot 1, Block 3 of Goodman Subdivision, Second Filing and also being a point on the westerly right-of-way line of Shiloh Road; thence, along said westerly right-of-way line, S 00°42'30" W a distance of 100.08 feet; thence along a tangent curve to the right having a radius of 20.00 feet, a distance of 31.42 feet, (chord bearing of S 45°42'30" W, and a chord distance of 28.28 feet) to a point on the northerly right-of-way line of Avenue thence, along said northerly right-of-way line, N 89°17'30" W a distance of 480.00 feet; thence, crossing the Avenue right-of- way, S 00°42'30" W a distance of 374.96 feet to the northwest corner of Lot 3, Block 2 of Goodman Subdivision, Second Filing; thence S 89°17'30" E a distance of 500.00 feet to the northeast comer of Lot 1, Block 2 of Goodman Subdivision, Second Filing and also being a point on the westerly right-of-way line of Shiloh Road; thence, along said westerly right-of-way line, S 00°42'30" W a distance of 147.74 feet; thence along a tangent curve to the right having a radius of 20.00 feet, a distance of 31.44 feet, (chord bearing of S 45°44'12" W, and a chord distance of 28.30 feet) to a point on the northerly right-of-way line of Avenue thence, along said northerly right-of-way line, N 89°14'07" W a distance of 760.48 feet to a point on the westerly right-of-way line of 41n Street West; thence N 00°42'30" E a distance of 8.72 feet to the southeast comer of Lot 17, Block 5 of Goodman Subdivision, Fourth Filing; thence N 89°08'06" W a distance of 455.00 feet tot the southwest comer of said Lot 17; thence N 00°42'30" E a distance of 251.72 feet to the southeast comer of Lot 9, Block 5 of Goodman Subdivision, Fourth Filing; thence N 89°00'28" W a distance of 487.98 feet; thence N 00°32'05" E a distance of 820.07 feet to the point of beginning; said described tract having an area of 89.703 acres. ESIMD LEGAL DESCRIPTION .doc - 2 - 5/5/2005 ---PAGE BREAK--- 5/6/2005 4014 Expansion - Exhibit D Mtce Costs - dr2 EXHIBIT D EXHIBIT ESTIMATE OF PROBABLE COST EXTENDED SPECIAL IMPROVEMENTS MAINTENANCE DISTRICT NO. 4014 RUSH, SHILOH POINT AND GOODMAN SUBDIVISIONS EXTENDED PARK MAINTENANCE DISTRICT The City Parks and Recreation Department esfimates the maintenance of the improvements for the first year at $7.625.00 for Rush, Shiloh Point and Goodman-Subdivisions. The first year's assessment for PMD 4014 including Goodman Subdivision is estimated as follows: PMD Number Date: CITY OF BILLINGS - PARK MAINTENANCE DISTRICT 4014 ESTIMATE OF ANNUAL MAINTENANCE COSTS 4014 PMD 4014 Description: Rush/Shiloh Point Sub. PMD to Include Goodman Sub. April 22, 2005 . 4014 BA SUB ACCOUNT DESCRIPTION MAINTENANCE SUB ELE OBJ COSTS Goodman Expansion Creation documents and exhibits: $ 1,900.00 Operations and Supplies: 34 10 Electricity $ 600.00 20 Water Service $ 900.00 50 Ground Maintenance $ 225.00 39 65 Other Service/Finance Chines $ 300.00 68 ParIcs Charge for Services $ 1,600.00 90 Other Contract Services $ 1,600.00 54 10 Special Assessments $ 300.00 Total Operations and SupyAles, Etc. $ 5,725.00 Total Goodman Sub. / Rush / Shiloh Point PMD 4014 $ 7,625.00 Park area to be maintained (Square Feet) 279,532 Total Assessment Area of expanded District (Square Feet) 3,701,576 Total Area Assessment (Per Square Foot) $0.00206 Assessable Area Added to PMD in Goodman Subd. (Square Feet) 1,068,620 Goodman Sub. Proportionate Share of PMD 4014 0 & M Annual Cost Estimate $ 2,180A8 ---PAGE BREAK--- 5/6/2005 4014 Expansion - Exhibit D Mtce Costs - dr2 EXHIBIT D 4. Total Goodman Subdivision assessment area is as follows: Plat of Goodman Subdivision Block 2 Lot Area SF Lot 1 30,095 Lot 2 26,801 Lot 3 26,775 Lot 4 103,883 Block 3 Lot Area (SF) Lot 1 43,554 Lot 2 16,347 Lot 3 15,201 Lot 4 13,498 Lot 5 9,874 Lot 6 9,874 Lot 7 11,199 Lot 8 12,539 Lot 9 9,966 Lot 10 9,690 Lot 11 9,690 Lot 12 9,690 Lot 13 9,690 Lot 14 9,690 Lot 15 9,690 Lot 16 9,690 lot 17 10,213 Block 4 Lot Area (SF) Lot 1 11,880 Lot 2 11,700 Lot 3 11,700 Lot 4 11,679 Lot 5 10,853 Lot 6 9,983 Lot 7 9,983 Lot 8 9,983 Lot 9 9,983 Lot 10 10,837 Lot 11 10,232 Lot 12 10,232 Lot 13 10,232 Lot 14 10,232 Lot 15 10,876 Lot 16 11,206 Lot 17 11,158 Lot 18 10,415 Lot 19 11,388 Block 5 Lot Area SF Lot 1 11,842 Lot 2 11,843 Lot 3 11,796 Lot 4 10,635 Lot 5 12,548 Lot 6 9,866 Lot 7 9,600 Lot 8 10,733 Lot 9 13,965 Lot 10 10,370 Lot 11 10,054 Lot 12 10,082 Lot 13 9,900 Lot 14 9,900 Lot 15 9,900 Lot 16 10,094 Lot 17 273,391 ---PAGE BREAK--- 5/6/2005 4014 Expansion - Exhibit() Mtce Costs- dr2 EXHIBIT D 4. Total Goodman Subdivision assessment is as follows: Block 2 Cost Lot 1 $61.99 Lot 2 $55.21 Lot 3 $55.15 Lot 4 $213.99 Block 3 Cost Lot 1 $89.72 Lot 2 $33.67 Lot 3 $31.31 Lot 4 $27.80 Lot 5 $20.34 Lot 6 $20.34 Lot 7 $23.07 Lot 8 $25.83 Lot 9 $20.53 Lot 10 $19.96 Lot 11 $19.96 Lot 12 $19.96 Lot 13 $19.96 Lot 14 $19.96 Lot 15 $19.96 Lot 16 $19.96 Lot 17 $21.04 Block 4 Cost Lot 1 $24.47 Lot 2 $24.10 Lot 3 $24.10 Lot 4 $24.06 Lot 5 $22.36 Lot 6 $20.56 Lot 7 $20.56 Lot 8 $20.56 Lot 9 $20.56 Lot 10 $22.32 Lot 11 $21.08 Lot 12 $21.08 Lot 13 $21.08 Lot 14 $21.08 Lot 15 $21.99 Lot 16 $23.08 Lot 17 $22.98 Lot 18 $21.45 Lot 19 $23.46 Block 6 Cost Lot 1 $24.39 Lot 2 $24.40 Lot 3 $24.30 Lot 4 $21.91 Lot 5 $25.85 Lot 6 $20.32 Lot 7 $19.78 Lot 8 $22.11 Lot 9 $28.77 Lot 10 $21.36 Lot 11 $20.71 Lot 12 $20.77 Lot 13 $20.39 Lot 14 $20.39 Lot 15 $20.39 Lot 16 $20.79 Lot 17 $563.17