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1992-10-21/Resolution 28-92/Elk Park RESOLUTION 28-92 RESOLUTION' CREATING INTERIM ZONING DISTRICT FOR ELK PARK AREA OF JEFFERSON COUNTY. MONTANA AND ADOPTING TEMPORARY. INTERIM ZONING REGULATIONS WHEREAS, the majority of the privately owned lands within Jefferson County have traditionally been used for "commercial agriculture" (including grazing, production, and/or feeding of livestock, growing and/or production of field crops, and other agricultural uses), for "commercial horticulture" (in limited instances), and/or for the growing of timber or the recovery of mineral resources, which uses have generally defined the rural "lifestyle" of the County's residents and have constituted the "backbone" of the County's economic base; and, WHEREAS, such commercial agricultural uses have generally required large areas of undeveloped, sparsely populated land in order to remain economically viable and in order to survive as an ongoing activity; and, WHEREAS, in recent years, portions of Jefferson County have experienced rapid, uncontrolled, and unplanned subdivision development and residential growth; in many instances, these activities have occurred on lands previously devoted to commercial agriculture, have been incompatible with existing commercial agricultural uses conducted on nearby properties, and have detrimentally affected such uses; and, WHEREAS, in some cases, these activities have caused serious overcrowding in public schools and have placed I substantial additional demands upon the County's ability to maintain roads and provide law enforcement, fire protection, and other governmental services, the increased costs of which have not been offset by increases in tax collections so that the costs of such growth have been.paid by existing residents and taxpayers; and, WHEREAS, such subdivision and development pressures have recently come to bear upon those portions of western Jefferson County known as "Elk Park," which area has not previously borne substantial development pressures), and the same are now threatening to impact said area as the population of Butte and Silver Bow County continues to expand into Jefferson County and as the general demand for recreational and/or summer homes increases; and, WHEREAS, the Jefferson County Planning Board has hired a planner, has undertaken the preparation of a comprehensive master plan for Jefferson County, Montana, and may recommend, to the Board of County Commissioners of Jefferson County, Montana, the adoption of the same; and, WHEREAS, Jefferson County is therefore conducting studies and holding hearings for the purpose of considering such a master plan for its jurisdictional area, which constitutes the entirety of said County, pursuant to the provisions of Title 76, Chapter 1, Part 6, MCA; and, WHEREAS, after due and proper notice, the Board of County Commissioners of Jefferson County conducted a publiC hearing on 2 October 19, 1992, pursuant to 9 76-2-206, MCA, for the purpose of reviewing proposed temporary interim zoning regulations and a proposed interim zoning map, at which hearing the Board afforded all persons, corporations, and governmental entities an opportunity to be heard in regard to the same; and, WHEREAS, said Board of County Commissioners has received public comment for and against the proposed interim zoning regulations and interim zoning district, has heard the protests of several persons, and has considered all of the same; and, WHEREAS, any such subdivision and development activities and uncontrolled residential growth within the subject area, during the period in which Jefferson County's proposed master plan is being developed, constitute an emergency situation which would destroy the status \l1JQ and limit or destroy Jefferson County's ability to provide for orderly and proper long term planning and development of a nature which would be beneficial to Jefferson County residents and to the residents of the subject area; and, WHEREAS, pending the preparation, review, consideration and/or adoption of such a comprehensive master plan, it is the posi tion of Jefferson County that the status \l1JQ should be preserved within that portion of Jefferson County, generally described as "Elk Park" and which is described in the proposed "Emergency zon~ng Regulations For Elk Park Area of ,Jefferson County, Montana" and included zoning district and map, attached hereto; and, 3 I / WHEREAS, the adoption on an emergency basis of the accompanying temporary, interim zoning regulations and zoning map is therefore necessary and appropriate in order to further the public interests described in 9 76-2-203, MCA, and in order to promote the public health, safety, and general welfare; NOW, THEREFORE, BE IT RESOLVED, as follows: 1. That an emergency situation, as above-described and as further described in the attached "Emergency Zoning Regulations For Elk Park Area of Jefferson County, Montana" presently exists, and that such situation requires immediate, emergency action so as to protect the public health, safety, and general welfare. 2. That the "Emergency Zoning Regulations For Elk Park Area of Jefferson County, Montana," real property description, and attached zoning map, all of which are by this reference incorporated herein, ARE HEREBY ADOPTED. 3. That this Resolution, and the said Emergency Zoning Regulations, real property description, and attached zoning map, shall be effective immediately and shall be in effect for a term of one year hereafter, subject to the authority of this Board of III III 4 ~ . -, County Commissioners to extend the same for an additional term of one year. DATED this d/ day of October, 1992. (SEAL) BOARD OF COUNTY COMMISSIONERS OF JEFF~SON COUNTY, MONTANA ~j A d..&#v'-- DAVID R. ANDERSON, Chairperson ~ ~ ( ~ ?1-r~~ JO E ANAC 0, Commissioner ATTEST: &-1",< ,RC\Nnc ~ BONNIE RAMEY Jefferson County Clerk nd Recorder 5 Of EMERGENCY ZONING REGULATIONS FOR ELK PARK AREA OF JEFFERSON COUNTY MONTANA I. STATEMENT OF PURPOSE AND DECLARATION OF EMERGENCY. The majority of the privately owned land wi thin Jefferson County, Montana, has traditionally been used for "commercial agriculture" (including grazing, production, andlor feeding of livestock, growing andlor production of field crops, and other agricultural uses), for "commercial horticulture" (in limited instances), andlor for the growing of timber or the recovery of mineral resources. Such uses have generally defined the rural "lifestyle" of Jefferson County's residents, and they have constituted the "backbone" of the County's economic base. Because of the nature of these commercial agricultural uses conducted in Jefferson County, they have generally required large areas of undeveloped, sparsely populated land in order to remain economically viable and in order to survive as an ongoing activity. These uses and large tracts of land have further been recognized by ranchers and farmers, and by Jefferson County's other residents, as being necessary to the desirability, usefulness and value of the County as a place to live, raise families, work, and recreate. These agricultural. uses and sparsely populated tracts of land, by their own nature, have lessened congestion in the County's streets and roads, have secured safety from fire, panic, and other dangers, have provided adequate light and air, have prevented the overcrowding of land and the undue 1 concentration of population, have facilitated the adequate provision of transportation, water, sewerage, schools, parks and other public improvements, and have generally promoted the health and welfare of the public. They have also established a relatively low demand for public services (such as roads, schools, law enforcement, and other governmental services) and have generated sufficient taxes to pay for such services at a relatively low cost to existing taxpayers. In recent years, however, portions of Jefferson County have experienced rapid, uncontrolled, and unplanned subdivision development and residential growth. This disorderly development has, in many cases, occurred on lands previously devoted to commercial agriculture, has been incompatible with existing commercial agricultural uses conducted on nearby properties, and has detrimentally affected such uses. Detrimental impacts have occurred in the form of trespass, livestock harassment, noxious weeds, interference with irrigation facilities, and threatened nuisance suits against agricultural operators. In a number of cases, this disorderly development has resulted in the loss of important agricultural lands and has destroyed a portion of the economic base of the County. In some cases, uncontrolled, unregulated, and unplanned subdivision activity has caused serious overcrowding in public schools and has placed substantial additional demands upon the County's ability to maintain roads and provide law enforcement, fire protection, and other governmental services. Generally, 2 the associated costs have not been offset by any proportionate increases in tax collections, so that the costs of such growth have been paid by existing residents and taxpayers. Such subdivision and development pressures have recently come to bear upon those portions of western Jefferson County known as "Elk Park." The area subject to these regulations has not previously borne substantial development pressures. However, the same are now threatening to impact said area as the population of Butte and Silver Bow County continues to expand into Jefferson County and as the general demand for recreational andlor summer homes increases. Jefferson County, acting by and through its duly authorized Board of County Commissioners, has determined that any such subdivision and development activi ties and uncontrolled residential growth within the Elk Park area are, and will be, contrary to the public interest and to the interests of persons and uses presently existing in the area (especially, to the existing commercial agricultural uses) , detrimental to the orderly and proper long term development of the area, andlor contrary to the public health, safety, morals, and general welfare. Said County has therefore determined, and does hereby declare, that any and all such unregulated and unplanned subdivision activity constitutes an "emergency" situation within the meaning of 9 76-2-206, MCA, and finds all such activity and uses to constitute such emergency. The County, acting by and through its Planning Board, is 3 presently preparing a proposed master plan for the entirety of its "jurisdictional area" (which comprises the entirety of Jefferson County). This process will be completed wi thin a reasonable time hereafter, and the Planning Board will then propose said master plan for adoption by the Board of County Commissioners. Pending the preparation, review and adoption by the County of the proposed master plan, and the adoption of any land use controls which may ultimately appear necessary, it is the position of said County that the status ID.!.Q should be preserved within the area subject to these regulations. The adoption of these regulations is therefore necessary and appropriate in order to: (a) promote the public health, safety, morals and general welfare; (b) ensure that land within the subject area retains its desirability, usefulness and value to its owners and to the public in general; (c) ensure that use and development of land within such area can occur in accordance with a comprehensive development plan so as to benefit the overall public interest; (d) ensure that any subdivision activity, use and development in such area shall occur only in a manner which gives reasonable consideration to the character of the area and its peculiar suitability for commercial agricultural uses, commercial horticul tural uses, and lor the growing of timber or the recovery of mineral resources; (e) conserve the value of land and buildings, and encourage the most appropriate use of land, throughout the subject area and throughout the jurisdictional area of Jefferson County; (f) preserve the subject area's rural lifestyle and economic base; and, 4 (g) avoid unplanned impacts and demands upon public services, the costs of which may, or will, not be compensated for by any corresponding increases in the tax base. II. AREA SUBJECT TO REGULATIONS. The provisions of these regulations shall apply to the real property, shown and described in the real property description attached as Exhibit "A" hereto, and on the zoning map attached as Exhibit "B," which real property is located in Jefferson County, Montana. III. DEFINITIONS. A. As used in these regulations, and unless otherwise defined in a particular provision: 1. Words in the present tense shall also include the future tense. 2. Words or phrases used in the singular number shall also include the plural, and words used in the plural shall also include the singular. 3. The word "building" includes structure and "structure" includes building. 4. The word "shall" is mandatory and not permissive. 5. The word "may" is permissive. 6. Where terms are not defined, they shall have their ordinarily accepted meanings within the context in which they are used. "Webster's Third New International Dictionary of the English Language, Unabridged," copyright 1961, shall be considered as proving the ordinarily accepted meanings of any words used herein. B. For the purposes of these regulations: 1. "Accessory building or use" means the use of building or land, such building or use being secondary, incidental or subordinate to the principal building or use. 2. "Building" means any structure or mobile home built or used for the support, shelter, or enclosure 5 of persons, animals, chattels, or property of any kind or for permitted business uses. 3. "Commercial agriculture" or "commercial agricul tural use" means the use of land for the grazing, production, andlor feeding of livestock, for the production of livestock products, andlor for the production of field crops, which activity is conducted for the production of income, including but not limited to the following: (a) Livestock, including: beef cattle, dairy cattle, horses, sheep, hogs, goats, poultry, game birds, animals for slaughter, and other animals including commercial deer or elk for meat andlor horns, mink, rabbits, and similar animals; (b) Field crops, including hay, oats, and similar crops, and also including any such crops for seed purposes; (c) Livestock products, including: meat, milk, butter, cheese, eggs, fur, horns, and honey. 4. "Commercial horticul ture" or "commercial horticul tural use" means the use of land for the growing or production for income of: fruits; vegetables; flowers; nursery stock, including ornamental plants and trees; and cultured sod. 5. "Drainage system" means any natural or artificial feature or structure used for the conveyance, drainage, or storage of surface andlor underground water, including, but not limited to, streams, rivers, creeks, ditches, channels, conduits, gullies, ravines, washes, lakes, or ponds, and structures such as culverts, drainage tile, dams, bridges, and water- storage basins. 6. "Farm" or "ranch" means real property used for commercial agriculture or commercial horticulture, comprising at least 100 contiguous acres and which may contain other contiguous or noncontiguous acreage, all of which is owned and operated by a single family, family corporation, individual, or corporation. 7. "Farm/ranch building" means any building or accessory structure, other than a farmlranch dwelling or non-farm/ranch dwelling, which is used in a farming 6 or ranching or horticultural operation, including, but not limited to, a barn, calving shed, granary, silo, farm implement storage building, equipment storage building, milk house, greenhouse, or similar building. 8. "Farm/ranch dwelling" means a single-family dwelling located on a farm or ranch which is used or intended for use by the owner of the farm or ranch, by members of the owner's "immediate" family (parents, grandparents, children, grandchildren, brothers, sisters), or by a person employed thereon. 9. "Feedlot" means a confined area or structure used for feeding, breeding, or holding livestock for eventual sale in which animal waste may accumulate but not including barns, pens, or other structures used in cattle ranching or dairy farm operations. 10. "Home occupation" means an occupation, business or activity which is carried on entirely wi thin a farmlranch residence or a non-farm/ranch residence, is clearly incidental to the use of the premises as a residence, does not change the residential character thereof, is conducted in such a manner as not to give any outward appearance or manifest any characteristic of a business in the ordinary meaning of the term, and does not infringe upon the right of any neighboring residents to enjoy the peaceful and lawful occupancy and use of their homes or property. 11. "Irrigation system" means any structure or equipment, whether mechanized or not, used to supply water for commercial agriculture or horticulture, including, but not limited to, wells, pumps, motors, pipes, sprinkler systems andlor pivots, culverts, gates, dams, ditches, tanks, ponds, and reservoirs. 12. "Mobile home" means a previously constructed, detached, single-family dwelling unit, constructed on one or more chassis, designed to be transportable or towed on its own wheels to the point of use after fabrication, suitable.for year-around occupancy, and containing a flush toilet, sleeping accommodations, tub or shower bath, kitchen facilities, and plumbing and electrical connections provided for attachment to appropriate external systems. 13. "Nonconforming parcel" means a parcel of land, which was lawfully created prior to the effective date of these regulations, but which does not conform to the parcel area and size required by these regulations. 7 14. "Nonconforming use" means land, or a building, structure or facility, which was lawfully used or occupied prior to the effective date of these regulations, but which does not conform to the uses permitted by these regulations. 15. "Non-farm/ranch dwelling" means a single-family dwelling which is not a farmlranch dwelling. 16. "Parcel" means a single parcel or plot of land, having specific boundaries and shown or described as an individual unit of ownership on the most recent plat or certificate of survey of record, or in the most recent deed of record, and upon which a particular land use is carried on or conducted. 17. "Person" means any individual, firm, partnership, public or private association, social or fraternal organization, corporation, or any other group or combination acting as a unit. 18. "Poultry facility" means a structured used intensively for breeding, or holding chickens, poultry for eventual sale or the confined area or raising, feeding, turkeys, and other production of eggs. 19. "Retriever club" means a corporation, association, or other group of persons, organized for the purpose of conducting, andlor conducting, on the premises various training exercises, competitions or "field trials" for hunting dogs used to retrieve waterfowl or upland game birds, which training exercises, competitions, or field trials may utilize firearms and ammunition and the discharge of the same, dog whistles, training dummies (including those fired through the air by explosive devices), live or dead birds (some or all of which may be "pen raised" on the premises), boats, motors, vehicles, and other associated equipment. 20. "Structural alteration" means any change to the supporting members of a structure, such as bearing walls, columns or beams. 21. "Structure" means anything constructed or erected above or below ground, affixed to the ground, or attached to something affixed to the ground. 22. "Use" means the purpose or function for which a parcel, structure, building or facility is intended, 8 designed, or constructed, andlor means the activity conducted on said parcel or within said structure, building or facility. IV. PARCEL AREA AND SIZE. Wi thin the area subj ect to these interim zoning regulations, the uses permitted hereunder shall be conducted only on parcels comprising at least twenty (20) acres in size; provided, however, that any permitted use may also be conducted upon any parcel of a smaller size which existed of record as of the effective date of these regulations. V. PERMITTED USES. A. Wi thin the area subj ect to these interim zoning regulations, only the following uses and buildings, and no others, are permitted: 1. Commercial agricultural and commercial horticultural uses, farms, ranches, and all accessory uses, buildings and facilities necessary for the proper conduct of commercial agricultural andlor commercial horticultural uses; 2. 3. 4. 5. 6. 7. with the Farmlranch dwellings; Farmlranch buildings; Irrigation systems and drainage systems; Feedlots and poultry facilities; Commercial timber-growing uses; Residential uses, buildings and structures, associated development, or recovery of any commercial forest resources by growing of timber for income, or with the complete use, the owner thereof, with residential uses limited to one single- family dwelling or mobile home per twenty (20) acres; 9 8. Metal mining and other mineral recovery uses, conducted for income, including also facilities necessary all uses, buildings, to the complete use, structures and development, or recovery of any mineral contemplated under 9 76-2-209, MCA; 9. Veterinary offices and clinics resource, as and veterinary hospitals; 10. Businesses engaged primarily in the sale or repair of agricultural andlor livestock equipment and supplies; 11. Commercial business uses, buildings, structures, facilities and operations for the storage, use, development, recovery, processing and lor manufacture of livestock, agricultural, horticultural, or forest resources and products, and all attendant uses, structures and facilities necessary for any such operation; 12. Non-farm/ranch dwellings, limited to one such dwelling per each twenty (20) acres; 13. Home occupations; 14. Retriever clubs; 15. Public and private utilities and facilities and communications facilities; 16. Public and private transportation uses and facilities; 17. Schools and parks; 18. Governmental uses, structures and facilities; and, 19. Accessory buildings and uses. 10 B. Within the area subject to these zoning regulations, the following essential public uses, structures, facilities, and services, and public and private utilities, shall be permitted as a matter of right: water tanks, water reservoirs, and water pumping stations; irrigation ditches and other irrigation- related facilities; water, waste water, and storm water drainage facilities (including also retentionldetention ponds and drainage ways); streets, roads and parking lots; local service electrical distribution lines and cables; local service natural gas distribution lines; local service telephone lines; local service telephone cable lines; local service electronic data transmission lines; amateur radio antenna towers; and other similar facilities, services and uses. VI. NONCONFORMING PARCELS. BUILDINGS AND/OR USES. A. Within the area subject to these temporary zoning regulations, there may exist parcels, buildings, structures, facilities, andlor uses of land, buildings, structures and facili ties, which were lawful before the adoption of these regulations, but which would be prohibited, regulated, or restricted under these regulations. It is the intent of these regulations to permit such nonconforming parcels, buildings, structures, and facilities, and such nonconforming uses of land, buildings, structures and facilities, to continue until they are removed or otherwise made to conform, but not to encourage their survival. However, it is the express intent of these regulations that no nonconforming parcel shall be further 11 divided or subdivided or otherwise disposed of or used in a manner which increases its nonconformity, and no other nonconformity shall be enlarged upon, expanded or extended, nor be used as grounds for adding other uses, structures or facilities prohibited elsewhere in the area, so that all of the same shall be limited to their presently existing size andlor use. B. Where a parcel of land lawfully existed at the time of adoption of these regulations, but which is of a size or area that would not be permitted by these regulations, such parcel may continue in existence and may be used for any purpose otherwise lawful, provided that no such nonconforming parcel shall be further divided or subdivided or otherwise reduced in size or area. C. Where a use of land or a building, structure or facili ty lawfully existed at the time of adoption of these regulations, but would not be permitted by these regulations, such use may be continued where it remains otherwise lawful, provided that: 1. No such nonconforming use shall be enlarged or increased, nor extended to occupy a greater area of land, structure or facility than was occupied on the effective date of adoption of these regulations. 2. No such nonconforming use shall be increased or expanded beyond its level of activity and/or operation existing as of the effective date of adoption of these regulations. 3. No such nonconforming use shall be moved in whole or in part to any portion of the lot or parcel, or to 12 any other lot or parcel, other than that occupied by such use at the effective date of adoption of these regulations. 4. No addi tional structure or facili ty, not conforming to the requirements of these regulations, shall be erected in connection with such nonconforming use of land or structure. 5. If any such nonconforming use ceases for any reason for more than thirty (30) continuous days, any subsequent use of such land, structure or facility shall thereafter fully conform to the provisions of these regulations. 6. No nonconforming use of any land, structure or facility may be changed to another nonconforming use. D. Where a building or structure exists which was lawful at the effective date of adoption of these regulations, but which could not be built under the terms of these regulations, such building or structure may be continued so long as it remains otherwise lawful, subject to the following provisions: 1. No such nonconforming building or be enlarged or altered in a way which nonconformi ty , but such building or portion thereof may be altered to nonconformity. structure may increases its structure or decrease its 2. If, by any means, such nonconforming building or structure, or nonconforming portion of a building or structure, is destroyed or damaged to an extent of more than seventy percent (70%) of its replacement cost at the time of such destruction or damage, it shall not be reconstructed except in conformity with the provisions of these regulations. 3. If, for any reason, such building or structure is moved from its location to any other location in the area subject to these regulations, it shall thereafter conform to these regulations. E. On any building or structure devoted in whole or in part to any nonconforming use, work may be done on ordinary fixtures, ordinary repairs, wiring, plumbing, repairs or 13 replacement of bearing and/or nonbearing walls, and on major remodeling, provided such work does not work increase the cubic content of the building or expand any adverse impacts upon other property in the area subject to these regulations. Further, nothing in these regulations shall be deemed to prevent the strengthening or restoring to safe condition of any building, structure or part thereof, declared to unsafe by any official charged with protecting the public safety, upon order of such official. VII. EFFECT ON NATURAL RESOURCES. As provided in 9 76-2- 209, MCA, no provision of these regulations shall prevent the complete use, development, .or recovery of any mineral, forest, or agricultural resources by the owner thereof. VIII. BOARD OF ADJUSTMENT. A. A Board of Adjustment is hereby established which may, in appropriate cases and subject to appropriate conditions and safeguards, make special exceptions to the terms of these zoning regulations in harmony with their general purposes and intent and in accordance with the general or specific rules of Title 76, Chapter 2, Part 2, MCA. B. The membership of the Board of Adjustment, and the term of board members, shall be as set forth in 9 76-2-222, MCA. C. The Board of Adjustment shall adopt rules, and hold meetings, as set forth in 9 76-2-221(2), MCA. D. The Board of Adjustment shall have all powers and duties set forth in 9 76-2-223, MCA. 14 E. Action by the Board of Adj ustment, public access to its activities, appeals to it, and appeals from its decisions, shall be governed by the provisions of 99 76-2-223 through 76-2-228, MCA. IX. ADMINISTRATION AND ENFORCEMENT. A. The Board of County Commissioners of Jefferson County, Montana, is hereby designated as the enforcement agency that is to supervise and enforce the provisions of these zoning regulations in accordance with law. The Board of County Commissioners may appoint one of its members to act as its agent or zoning officer to supervise and enforce the provisions of these regulations. B. In case any lot, parcel or land is divided or subdivided or reduced in size or area so that the same does not comply with these regulations, or if the same or any building, structure or facility is used in violation of these regulations, or if any building or structure is erected, constructed, reconstructed, altered, repaired, converted or maintained in violation of these regulations, any person may file a written complaint with the Board of County Commissioners or with its designated agent or zoning officer. The Board, or its designated agent or zoning officer, shall then properly record such complaint, shall immediately investigate the same, and may take action thereof as provided by these regulations. C. In the case of any such violation of these regulations, the Board of County Commissioners, in addition to 15 other remedies, may institute any appropriate action or proceedings to: (a) prevent construction, conversion or such unlawful use, erection, reconstruction, alteration, repair, maintenance; (b) restrain, correct or abate such violation; to prevent the occupancy of such lot, parcel or land, or building, structure or facility; or, (c) prevent any illegal use, act, conduct in or about such lot, parcel, land, facility or premises. or business structure, X. VIOLATIONS AND PENALTIES. As provided by 9 76-2-211, MCA, and in addition to the civil remedies provided by these regulations and 9 76-2-210, MCA, the violation of these regulations is a misdemeanor punishable by a fine not exceeding $500.00, or by imprisonment in the Jefferson County jail for a term not exceeding six (6) months, or both. XI. SEVERABILITY. Should any section or provision of these zoning regulations be declared by a court to be unconstitutional, unlawful or invalid, such decision shall not affect the validity of these regulations as a whole, or any part thereof, other than the part so declared to be unconstitutional, unlawful or invalid. l6 REAL PROPERTY PROPOSED FOR EMERGENCY ZONING IN ELK PARK AREA WITHIN JEFFERSON COUNTY MONTANA TOWNSHIP 5 NORTH, RANGE 6 WEST: Sl/2SWl/4 of Section 9; the W1/2 of Section 16; and all of Sections 17, l8, 19, 20, 29, 30, 31, 32, and 33. TOWNSHIP 5 NORTH, RANGE 7 WEST:" All of Sections 25 and 36. TOWNSHIP 4 NORTH, RANGE 6 WEST: The Nl/2 of Section 4; the W1/2 of Section 20; and all of Sections 5, 6, 7, 16, 17, 18, 19, and 30. TOWNSHIP 4 NORTH, RANGE 7 WEST: All of Sections 1 and 2; the El/2NWl/4, the E1/2SWl/4, and the E1/2, all in Section 3; the NEl/4 of Section 10; all of Sections 11, 12, 13, and 14; the Sl/2S1/2 of Section 15; all portions of Sections 21 and 22 located within Jefferson County; all of Sections 23, 24, 25 and 26; all portions of Section 27 located within Jefferson County; that portion of the SEl/4SE1/4 of Section 28 located within Jefferson County; all portions of the E1/2 of Section 33 located within Jefferson County; and all of Sections 34, 35 and 36. TOWNSHIP 3 NORTH, RANGE 7 WEST: All of Sections land 2; and all portions of Sections 3 and 4 located within Jefferson County. EXHIBIT "A" ~ ~ -;~2 ~I \ ,cJi~11~~~ ;>.1m~l~~I~'J~~; I" 'u j ~~vJo~~~~';~~/i~~~- ~I".'" ". .:.G",~:'l;}~ sUlk~1~1~q.. /).: .~. . 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