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Commissioners approve Darlington family transfer and Sipes mortgage survey exemption requests
Summary
The commission approved a family transfer exemption dividing a 28.2-acre Darlington property among heirs and approved a mortgage survey exemption for a 2.69-acre mortgage tract for Bonnie Sipes; staff discussed DEQ and access easement requirements and a surveyor clarified DEQ review would treat the Sipes property as the full 159-acre parcel.
Broadwater County commissioners voted to approve two separate land-division exemptions during the meeting: a family transfer that divides a 28.2-acre parcel owned by Eileen Darlington into smaller tracts for her children, and a mortgage survey exemption requested by Bonnie Sipes to create a temporary mortgage tract of 2.69 acres.
Nicole Brown, Broadwater County community development and planning director, presented both staff reports. On the Darlington request Brown read that the owner wants to gift two parcels — Tract A1 (9.18 acres) to daughter Cassandra Busca and Tract B1 (10.97 acres) to son Jeff Darlington — leaving an amended Tract A remainder of about 8.05 acres. Brown said the county’s staff report cited Montana Code Annotated 76-3-207(1)(b) (family transfer exemption) and noted that since each resulting parcel is under 20 acres, the parcels “are subject to DEQ review and approval.” Brown also described access: Tract A1 will use a newly created 60-foot private access easement across land owned by Daikema Land Company and Tract B1 and the amended Tract A use an existing 30-foot access easement. Brown noted potential public-safety considerations in the staff report: no school-bus-turnaround review and relatively long distances to emergency services.
A commissioner said the affidavit and survey paperwork were in order; Daikema Land Company agreed to sign the certificate of survey to allow the new easement. The commission moved, seconded and approved the Darlington family transfer exemption request by voice vote; no roll-call tally was recorded.
The commissioners then considered a mortgage-survey exemption for Bonnie Sipes. Brown explained a mortgage parcel (identified as “Tract M”) is temporary and exists to secure a mortgage, lien or trust indenture and “is eliminated once the mortgage, lien, or trust indenture is satisfied.” She said the subject property is 159.29 acres and the proposed mortgage tract would be 2.69 acres to satisfy a lending institution’s request. Brown’s staff report said DEQ approval must be obtained prior to installation of any new on-site wastewater systems and that the mortgage tract is subject to MCA 76-3-201(1)(b).
During public comment, Bernadette Swenson of Schauber Surveying clarified that for the Sipes mortgage tract “this will not go to DEQ. DEQ will look at it as a 159 acres. So, for them to build, they won't go to DEQ. They'll have to work with the county permit.” Brown and commissioners discussed that DEQ review is typically completed concurrently so that, in the event of a foreclosure or a future standalone parcel, environmental approvals are already in place. The motion to approve the Sipes mortgage survey exemption request was moved, seconded and adopted by voice vote; no roll-call tally was recorded.
No public objections were recorded for either item. Commissioners asked that required signatures and certificates of survey be completed and recorded as part of the approvals.
