HomeMy WebLinkAboutResolution No. R22-38RESOLUTION NO. R22-38
RESOLUTION APPROVING THE FINAL PLAT OF CHERRY HILLS
SUBDIVISION 3RD FILING, AN ADDITION TO THE CITY OF LAUREL,
MONTANA
WHEREAS, the developer of Cherry Hills Subdivision 3`d Filing (known in previous
Filings as Cherry Hill Subdivision) (hereinafter referred to as "Cherry Hills Subdivision") has
requested approval of the Final Plat of Cherry Hills Subdivision 3`d Filing, an Addition to the
City of Laurel; and
WHEREAS, the Laurel -Yellowstone City -County Planning Board, as required by the
City of Laurel's Subdivision Regulations for subdivision and annexation review, conducted a
duly advertised public hearing on the 181h day of August, 2021, in which no opposition was
heard;
WHEREAS, the Preliminary Plat of Cherry Hills Subdivision 3`d Filing, an Addition to
the City of Laurel, was recommended for approval subject to sixteen conditions, as contained
in the Staff Report, by the Laurel -Yellowstone City -County Planning Board on the 251h day of
August, 2021; and
WHEREAS, the City Council of the City of Laurel approved the recommendations of
the Laurel -Yellowstone City -County Planning Board on the 14th day of September, 2021,
subject to the aforementioned certain conditions; and
WHEREAS, the developer of Cherry Hills Subdivision 3`d Filing, an Addition to the
City of Laurel, has complied with the conditions set forth for such approval by the City Council
to the satisfaction of the City Council; and
WHEREAS, it is in the best interest of the City of Laurel and sound community growth
that this subdivision be approved.
THEREFORE, the City Council of Laurel hereby approves the adoption of Staff Report
FP -22-01 as Findings of Fact and approves the Final Plat of Cherry Hills Subdivision 3`d Filing,
an Addition to the City of Laurel.
Introduced at a regular meeting of the City Council on the 26th day of July 2022 by
Council Member Eaton.
PASSED and APPROVED by the City Council of the City of Laurel, Montana on the
26th day of July 2022.
APPROVED by the Mayor on the 26h day of July 2022.
R22-38 Approve Final Plat for Cherry Hills Subdivision 3`" Filing, an Addition to the City of Laurel
CITY OF LAUREL
Dave Waggoner, May
ATTEST:
Kelly Strecker, Clerk -Treasurer
APPROVED AS TO FORM:
Michele L. Braukmann, Civil City Attorney
R22-38 Approve Final Plat for Cherry Hills Subdivision 31d Filing, an Addition to the City of Laurel
RETURN AFTER RECORDING:
Western Holdings Company, LLC
PO Box 51330
Billings, MT 59105
DECLARATION OF COVENANTS AND RESTRICTIONS
FOR CHERRY HILLS SUBDIVISION — 3RD FILING
THIS DECLARATION is made this _ day of , 2021, by Western Holdings
Company, LLC, a Montana limited liability company, hereinafter referred to as "Declarant'.
WHEREAS, Declarant is the owner of real property situated in Yellowstone County,
Montana, more particularly described on Exhibit "A" attached hereto and incorporated herein
("Property");
WHEREAS, Declarant intends to develop, sell, and convey the above-described real
property, hereinafter referred to as the "Cherry Hills Subdivision — 31 Filing"; and,
WHEREAS, Declarant desires to subject all of said real property, together with the Lots
contained therein to the covenants, conditions, restrictions, and reservations herein set forth and
referred to as "Covenants";
NOW THEREFORE, Declarant does hereby establish, dedicate, declare, publish and
impose upon the Property the following Protective Covenants, Conditions and Restrictions which
shall run with the land, and shall be binding upon and be for the benefit of all persons claiming
such Property, their grantors, legal representatives, heirs, successors and assigns, and shall be for
the purpose of maintaining a uniform and stable value, character, architectural design use, and
development of the Property. Such Covenants shall apply to the entire Property, including but not
limited to all Lots, Utility Lot and improvements placed or erected thereon, unless otherwise
specifically excepted herein. The Covenants shall inure to and pass with each and every parcel,
tract, Lot, or division.
Said Covenants shall be as follows:
I. DEFINITIONS
1. Unless otherwise expressly provided, the following terms when used in this
Declaration of Covenants and Restrictions shall have the following meanings:
(a) "Accessory Building" shall mean a building, such as a garage or shed, detached
from a dwelling.
(b) "Dwelling" shall mean any single-family structure permitted to be constructed upon
a Lot.
(c) "Lot' shall mean and refer to any of the above-described Lots which are subject to
this Declaration. It does not refer to the Utility Lot which is excluded from the
provisions of this Declaration.
(d) "Owner" or "Lot Owner" shall mean and refer to the record owners of each Lot,
whether one or more persons or entities, excluding those having such interest
merely as security for the performance of an obligation. If any Lot has been sold
under a contract for deed or agreement for future delivery of title, the purchasers of
that Lot shall be deemed to be the only owner.
(e) "Property" shall mean and refer to the Lots subject to this Declaration.
(f) "Residential Purpose" shall mean uses for private single-family living and shall
exclude professional and commercial uses of any character.
(g) "Single Family" shall mean one or more persons living together as a single, non-
profit housekeeping unit, as distinguished from a group occupying a hotel, motel,
club, fraternity or sorority, commune, or the like.
II. USE RESTRICTIONS
2. The following use restrictions shall be applicable to the Property:
(a) Each of the Lots shall be used and improved for single-family residential purposes
only.
(b) No more than one (1) dwelling is allowed on any Lot. No buildings used as
multifamily housing or for any commercial or business use shall be allowed on any
Lot. None of the Lots nor any accessory building or other improvements erected
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thereon shall at any time be used for the purpose of any trade, profession,
manufacturing, or business of any description. Any uses of the foregoing nature are
expressly prohibited.
(c) An owner may use a portion of his unit for an office so long as the activities therein
shall not interfere with the quiet enjoyment or comfort of any other owner or
occupant, and there are no employees at work at the unit. In addition, the Developer
shall have the right to maintain a construction office and a sales office on the
property until all units are sold.
(d) Accessory buildings shall only be used for purposes which are incidental and
subordinate to residential uses.
(e) Accessory buildings may not be used as a residence, temporarily or permanently,
nor shall trailers, RVs, mobile homes or temporary structures be used as a residence
or dwelling.
(f) Mobile homes, modular homes, manufactured homes, trailers, guest houses, servant
quarters, and hospitals are not permitted on any Lot. Log homes, A -Frame homes,
and Geodesic Dome homes are prohibited on all Lots.
(g) No junk (including non-operable motor vehicles or parts thereof), trash, debris,
organic or inorganic waste shall be permitted to accumulate on any Lot or tract or
in any street adjacent thereto, but shall be promptly and effectively disposed of.
Vacant or other Lots or Tracts shall not be used as a dumping ground or burial pit.
Storage tanks for fuel or water are not allowed.
(h) No noxious or offensive activity shall be conducted or permitted upon any Lot, nor
shall any unsightly object, nuisance, or sign be erected, placed, or permitted upon
any Lot. The Property shall not be used in any way or for any purpose which may
unreasonably disturb the neighborhood or endanger the health of its residents.
(i) No signs, billboards. posters or advertising displays or devices of any kind or
character shall be erected or displayed, excepting subdivision promotion signs, "for
sale" signs, and mailbox and house numbers in conformity with applicable laws,
regulations, and codes to identify the address of a dwelling.
(j) Street I ights shall remain lighted from sunset to the following sunrise.
(k) Lot Owners shall not permit recreational vehicles, boats, campers, House trailers,
trailers, unlicensed vehicles, or junked or otherwise inoperable vehicles to be
parked upon a Lot for more than a 72 -hour period for more than five days in any
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calendar year.
(1) Noise by residents of the Lot or their guests which may disturb other residents of
Cherry Hills Subdivision — 3rd Filing, between the hours of 11:00 p.m. and the
following 7.00 a.m. is not permitted.
(m) Lot Owners shall be allowed domestic pets only. Livestock, chickens/roosters, and
other non-domestic pets shall be prohibited. Commercial breeding of pets is
prohibited.
III. BUILDING RESTRICTIONS
3. The following building restrictions shall be applicable to the Property:
(a) All improvements erected on a Lot shall be of new construction, and no old
buildings of any kind may be moved upon a Lot. Erection of newly -constructed
modular, manufactured, or factory -built residences or other structures is prohibited.
Subject to prior written approval of the Cherry Hills Subdivision — 3rd Filing
Architecture & Building development Group (ABDG), one prefabricated storage
unit is permitted on the Lot if it is no larger than 10' x 15' and no more than 10' in
height. The exterior finish shall blend and be compatible with the dwelling.
(b) Only those materials commonly used in standard construction shall be permitted on
the exterior of any building. The use of sheet or galvanized steel. corrugated siding,
vinyl siding, or asphalt siding on the outside of any structure is prohibited.
(c) Siding, roofing, and trim must be white or a lightened neutral earth -tone color; the
color must be approved in advance, in writing, by the Cherry Hills Subdivision —
3' Filing ABDG.
(d) No plastic or vinyl basement window wells are allowed on any building.
(e) The front of each home must have a minimum of one hundred (100) square feet of
rock, stone, or brick trim.
(f) Two story dwellings are only permitted on Lots 1-6 on Block 5 in Phase 1 of the
subdivision.
(g) Single story dwellings and split-level dwellings with daylight basements are
permitted on all Lots subject to this Declaration.
(h) The minimum finished square footage for the ground level of any single story or
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split-level dwelling constructed, exclusive of open porches and garages, shall be
1,400 square feet. The minimum finished square footage for a bi-level or tri -level
home shall be 2,200 square feet, excluding basements, porches, and garages
measured at the intersection of a plane passing at right angles through a vertical
projection of such walls of not less than 2,200 sq. ft. with a full basement, 2,200 sq.
ft. if no or partial basement.
(i) Accessory buildings shall not be erected, altered, placed, or permitted to remain on
a Lot prior to the construction of a dwelling on that Lot.
(j) All construction on any Lot shall be in accord with all state, federal, and local laws,
and regulations, including setback and height restrictions imposed by the Laurel
Municipal Code.
(k) Prior to beginning construction, all building plans shall be submitted for review and
shall be approved by the by the Cherry Hills Subdivision — 3rd Filing ABDG. Once
approved by the ABDG, plans should be submitted to the City of Laurel and any
other agencies having jurisdiction regarding building permitting.
(1) Addresses shall be posted as provided by the Uniform Fire Code, Article 9, Section
901.4.4.
(m) Any fences installed upon any Lot shall be in compliance with all applicable laws
and regulations, including the Laurel Municipal Code.
(n) Under no circumstances shall a fence of any kind be placed in the front of any
dwelling or on the side of any Lot between the dwelling and a public street.
Exceptions may be permitted with prior written approval of the Architecture &
Building Development Group.
(o) Fences may be colored or white PVC, or black or colored chain link and posts. No
other fencing materials may be used on any of the Lots, including but not limited
to galvanized chain link. wood, barbed wire, and brick or stone.
(p) Flat roofs and nearly flat roofs are prohibited on all dwellings and accessory
buildings located upon a Lot
(q) All accessory buildings constructed upon any Lot shall be of the same color and
shall have the same siding and roofing material as the dwelling constructed upon
the Lot.
(r) All dwellings shall be constructed with an attached garage for two or more vehicles.
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(s) At the time a dwelling is constructed on any Lot, the Lot Owners shall install
sidewalks along all street frontages, whether said street frontage runs along the front
or side of the Lot
(t) Lot Owners shall install and maintain landscaping on their Lots; landscaping shall
be complete within six months of completion of construction weather permitting.
(u) Lot owners must utilize grass or other natural vegetation as the primary final
surfacing of lawns. Landscaping rock is prohibited to be more than 30% of front,
rear, and side lawns, separately. Grasses shall be mowed and/or otherwise
maintained to provide a pleasing aesthetic. Landscaping rock may be used in the
boulevard and as a supplementary landscaping feature within the lawn of the
residence.
(v) At the time a dwelling is constructed on any Lot, the Lot Owner shall install on his
or her Lot the mailbox of the type and style shown on Exhibit "B", attached hereto
and incorporated by this reference. The mailbox shall be installed on the left side
of the driveway as determined by facing the garage door(s). The mailbox must be
located at least five (5) feet from the edge of the driveway approach. and shall be
installed in compliance with all United States Postal Service requirements.
(w) Any structures constructed upon any Lot shall be completed within nine months
from the date construction commences. Construction is deemed to have
commenced when equipment and/or materials to be used in construction arrives at
or the Lot.
IV. CHERRY HILLS 3RD FILING SUBDIVISIONARCHITECTURE
& BUILDING DEVELOPMENT GROUP
4. The Cherry Hills Subdivision — 3rd Filing Architecture & Building Development Group
(the ABDG) shall include Western Holdings, LLC as its' sole member upon initial final
platting of the subdivision. Additional members may be added to ABDG and may consist
of Lot owners and/or licensed Architectural professionals. A list of members shall be
incorporated as Exhibit "C" to this document and updated as necessary with the effective
date the list was updated.
5. Required Plan Review. No dwelling or other improvement shall be erected, constructed,
placed, or maintained upon any Lot, nor shall any additions, remodeling, reconstruction,
or alteration of the exterior of any residence or improvement be made or continue to be
made, unless and until the same has been approved in writing by the ABDG. Lot owners
must also obtain ABDG approval for any changes to approved Plans if those changes affect
the exterior of a dwelling or any improvement.
6. Review Application. Before beginning the construction of any dwelling or other
improvement, or before any alteration of the exterior thereof, the person desiring to erect,
construct, or modify the same shall submit to the ABDG two sets of the following Plans
for the proposed dwelling or other improvement in addition to any other information the
ABDG requests:
(a) Site Plan: A site plan showing:
1) The location of all improvements, including structures, fences, walls,
driveways, parking areas, utilities, outbuildings, and decks.
2) Existing topography and contour in relation to the proposed dwelling or
other improvement and cut and fill excavation requirements.
3) Other pertinent information relating to the dwelling or other
improvement.
(b) Building Plan: A building plan consisting of -
1)
f1) The structure's dimensions.
2) Elevation drawings or sketches of the exterior of the structure(s).
3) Information concerning the exterior of the structure(s) including all exterior
colors, materials, finishes, roofing materials to be used.
The ABDG may, in its sole discretion, require the Lot owner to furnish additional
specifications, drawings, material samples, and such other information as it deems
necessary for the purpose of reviewing the application.
7. Basis of AReroval. Approval by the ABDG shall be based upon, among other things, the
following:
(a) Conformity and harmony of external design with neighboring dwellings or other
improvements.
(b) Effects of location of the proposed dwelling or other improvements on neighboring
Lots.
(c) Relation of dwelling or other improvements and finished ground elevations to
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existing topography and grades.
(d) The overall aesthetics of Cherry Hills Subdivision — Yd Filing.
(e) Conformity of Plans to the provisions of this Declaration.
The review will include subjective judgments about aesthetics which cannot be clearly
defined in this Declaration. Each Lot owner, by acceptance of a deed to any Lot subject to
this Declaration, agrees to accept the decisions of the ABDG as final and binding, and
waives any right to challenge those decisions through legal action.
8. Decision, The ABDG shall render its decision with respect to an application within 15
business days after the receipt of a complete application. The decision of the ABDG can
be in the form of an approval, a conditional approval, or denial and shall be in writing. A
copy shall be mailed to the applying Lot owner and to the Association's Board of Directors.
9. Non-Uahility. Neither the ABDG nor any member thereof, nor the Developer nor any
member, officer, employee, agent, successor, or assign thereof, shall be liable to the
Association, any Lot owner, or any other person for any loss, damage, or injury arising out
of or connected with the ABDG members' performance of their duties and responsibilities
by reason of a mistake in judgement, negligence, or nonfeasance arising out of or in
connection with the approval. disapproval, or failure to approve an application. The
aforementioned parties will not make decisions on and assume no responsibility for the
following:
(a) The structural capacity, safety features, or building code compliance of any
dwelling or other improvement
(b) Whether the proposed location of a dwelling or other improvement is free from
possible geologic or natural hazards or other possible hazards caused by conditions
occurring either on or off the subject property.
(c) The internal operation or functional integrity of any dwelling or other improvement.
(d) Conformity with or violation of any City of Laurel zoning ordinance or any
applicable building code.
Every person who submits an application to the ARBG, by submission of such an
application, and every Lot owner by acceptance of a deed to any Lot agrees notto
bring any action or suit against the Association, its Board, members of the ARBG, or
the Developer or its members, officers, employees, agents, successors, or assigns to
recover damages resulting from the architectural review process set forth herein.
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The decisions of the ABDG and the requirement to obtain approval of the ABDG
may be enforced by the Association or by any Lot owner by bringing an action for
specific performance or for an injunction, prohibitory or mandatory. Such actions shall
be timely if brought within four months after it becomes apparent that any Lot owner
has not obtained the required approval or has deviated from the approved Plans,
whichever occurs later. In any such action, the prevailing party shall be entitled to
recover from the losing party all costs and attorney fees incurred.
V. MAINTENANCE AND REPAIRS
10. A stormwater pond shall be required to treat stormwater runoff from the subdivision and
will be located on a dedicated Utility Lot. The cost of maintaining said stonnwater
facilities and the lot shall be paid by the Cherry Hills Subdivision — 31 Filing Owners'
Association, Inc.
11, Each Lot and the exterior appearance of improvements which are part of the Lot shall be
maintained in a clean, neat, and orderly condition at all times.
(a) General Maintenance. Each Lot Owner shall maintain both the exterior of all
improvements on the Owner's Lot, including buildings, fences, and the
landscaping in good repair. Owners shall keep the buildings painted or stained,
lawns cut, shrubbery trimmed, rubbish and debris removed, and shall otherwise
maintain the same in a neat and aesthetically pleasing condition. All damage to
any exterior part of a building or other improvement shall be repaired as
promptly as is reasonably possible.
(b) All costs of repairs, construction, and maintenance pertaining to each Lot,
dwelling, and all other accessory buildings upon the Lot shall be at the Owner's
expense.
(c) All noxious weeds listed on the latest Yellowstone County noxious weed list
must be controlled on all Lots in the Cherry Hills Subdivision — 31d Filing. All
costs for noxious weed control shall be paid by the Lot Owners of record.
VI. RIGHT TO ENFORCE
The restrictions herein set forth shall run with the land and bind the present Owners,
their heirs, devisees, trustees, and assigns; and to any and all parties claiming by, through, or
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under them shall be taken to hold, agree, and covenant with the Owners of said Lots, their
heirs, devisees, trustees, and assigns, and with each of the Owners of said Lots, to conform
with and observe said Covenants and Restrictions. No restrictions herein set forth shall be
personally binding upon any business entity or person except in respect to breaches committed
during the entity's or person's ownership of or interest in said Lot.
In addition to an action for damages, the Owner(s) of any Lot and Developer shall have
the right to sue for and obtain an injunction, prohibitive or mandatory, to prevent the breach
or enforce the observance of the Covenants and Restrictions set forth above or hereafter
imposed. The failure of any Owner to enforce these Covenants and Restrictions at the time of
any violation thereof shall not be construed as a waiver of the right to do so. When the initial
sale of all Lots is completed, Developer's right to enforce these Covenants and Restrictions is
terminated,
Invalidation of any one of these covenants or restrictions by judgment or court order
shall in no way affect any of the other provisions which shall remain in full force and effect.
The losing party in any action, lawsuit. or arbitration proceeding brought to enforce
this Declaration shall be obligated to pay the reasonable attorney fees incurred by the
prevailing party, together with costs incurred in the action, lawsuit, or arbitration proceeding.
Costs and attorney fees shall be a lien on the property of the violating Owner and may be
foreclosed in the same manner as the lien for common expenses.
VII. AMENDMENT
Any provision herein may be amended or revoked, and additional provisions added at
any time by a written instrument recorded in the office of the Clerk and Recorder of
Yellowstone County, Montana, duly signed and acknowledged by the Owners of record of
not less than 75% of the Lots subject to this Declaration. Notwithstanding the foregoing, as
long as Developer owns any Lot in the Property, Developer's consent shall be required before
these Covenants and Restrictions may be altered or amended. Developer's consent shall be
considered in the calculation and determination of the said 75% minimum consent
requirement.
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IN WITNESS WHEREOF, Declarant has hereunto set its hand as of this day of
,20
DECLARANT:
Western Holdings Company, LLC
Lim
Its:
STATE OF MONTANA )
: ss
County of Yellowstone )
On this _ day of , 20_, before me, a Notary Public for the
State of Montana, personally appeared (name) , known to me to be the
person whose name is subscribed to the above instrument and acknowledged to me that they he/she
is the (capacity) of Western Holdings Company, LLC and executed the
same.
Notary Public for the State of
Printed Name
Ajpx seal to the left
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STAFF REPORT FP -22-01
CHERRY HILLS 3RD FILING
JULY 8, 2022
Cherry Hills 3rd Filing is a 28 -lot residential subdivision of 9.37 acres on the north-west side of Laurel between
Cherry Hills Drive and West Maryland Lane.
Owner:
Western Holdings LLC
PO Box 51330
Billings MT 59105
Agent:
Morrison-Maierle Engineering
Martin Gagnon PE
2880 Technology BLVD
Bozeman MT 59771
Property Description:
The project is in the N% Section 8, Township 02 North, Range 24 East, P.M.M., Yellowstone County, Montana,
COS 3034.
Property Size:
The total area involved in the subdivision is 9.37 acres.
Zoning District:
The subject property is zoned by the City of Laurel R-7500.
Compliance with Conditions of Approval:
Condition #1: Preliminary Plat shall be updated with the comments noted in the Sufficiency letter dated
July 8, 2021, prior to recording.
Status: The condition is met.
Comments: The final plat submitted for final approval is consistent with the preliminary plat with the
only modifications being in response to the conditions of approval.
Condition #2: Subdivision Improvement Agreement shall be updated with the notes from the Sufficiency
letter dated July 8, 2021.
Status: The condition is met.
Comments: The Final Plat and supporting documents is consistent with the preliminary plat the only
modifications being in response to these conditions of approval.
Condition #3: The Preliminary plat and supporting water and wastewater design will be approved by the
Montana Department of Environmental Quality (MDEQ).
Status: The condition is met.
Comments: The subdivision has been approved for main extensions by MDEQ.
Condition #4: The Preliminary Plat, Subdivision Improvements Agreement, and City Council Resolution
granting approval shall be filed with the Yellowstone County Clerk and Recorderwithin 90 -days of preliminary
plat approval.
Status: The condition is met.
Comments: The required documents have been recorded with the County of Yellowstone.
Condition #5: The Roadways and Right -of -Ways shall be constructed to the specifications presented the
plat plan and supporting documentation.
Status: The condition is met.
Comments: The required roads and rights-of-way are platted and the construction is covered by a
performance bond to guarantee their completion.
Condition #6: This Preliminary Approval shall be valid for 3 calendar years.
Status: The condition is met.
Comments: The final plat has been presented for consideration and filing well in advance of the
experiation of the preliminary plat approval timeline.
Condition #7: Hydrant flow tests must be approved by the City and its contracted engineer.
Status: The condition is met.
Comments: The hydrant flow tests have been approved by the City and contracted engineer.
Condition #8: Verification must be provided to the City for the water modeling noted by the engineer in
the field.
Status: The condition is met.
Comments: The required verification has been submitted.
Condition #9: Water model exhibits must be provided to and approved by the City showing the system
characteristics and modeled properties compared to measured properties.
Status: The condition is met.
Comments: The required exhibits have been supplied to the city.
Condition #30: Wastewater/Sewer analysis must be provided to and approved by the City.
Status: The condition is met.
Comments: The wastewater/sewer analysis has been provided to and approved by the city.
Condition #11: A map of pre -development stormwater conditions including the boundary, routing, and
calculations must be provided to and approved by the City.
Status: The condition is met.
Comments: The required map have been supplied to and approved by the city.
Condition #12: Water quality storm volumes and calculation sheets shall be provided to the City.
Status: The condition is met.
Comments: The storm water volumes and calculations have been provided to the city.
Condition #13: Confirmation is provided that the developer is willing to take on the liability of the
recommendations of the Geotechnical Report dated 2006.
Status: The condition is met.
Comments: The developer has supplied a revised geotechnical report and in accordance with the Laurel
Subdivision Regulations placed a disclaimer on the final plat putting future lot owners on notices of the
limitations on construction.
Condition #14: The conditions of the Geotechnical report shall be followed during the construction of the
public infrastructure.
Status: The condition is met.
Comments: The public infrastructure has been certified by the project engineer as meeting the
requirements of the geotechnical report. Further, the developer has proposed a one (1) year warranty for the
work. It is suggested that the warranty period be extended for an additional year post completion.
Condition#15: A weed Management Plan shall be prepared for the project and approved by the
Yellowstone County Weed District.
Status: The condition is met.
Comments: A weed management plan has been approved by the Yellowstone County Weed District for
the subdivision.
In addition to the 15 conditions, the Subdivision and Platting Act contains several provisions that must be
satisfied as a prerequisite to final plat filing, including:
1. Park dedication requirement.
The developer and the City have agreed to cash-Oin-lieu of parkland in the amount of Ten Thousand Dollars
($10,000). A check in this amount has been presented to the city to comply with this requirement.
2. Certificate of title abstracter.
State Subdivision Law requires that a certificate of a title abstracter, less than 30 -days old, showing the
names of the owners of record and any lien holders.
The Title Report lists Western Holdings Company LLC. as the fee simple owner and there are not any liens on
the property. The Plat is signed by an officer of the Incorporation.
3. County Treasurer Certification.
A proper certification for the County Treasurer to execute prior to recordation of the Plat has been provided
on the final plat.
4.Conformitywith Subdivision Regulations.
The final plat is consistent with the preliminary plat approved by the City Council. The only modifications are
to comply with conditions of approval imposed by the Council and the balance of the final plat application and
supporting materials appear to be consistent with the Laurel — Yellowstone Subdivision Regulations as well as
the Uniform Standards for Final Subdivision Plats.
S.Performance Bonding
The final plat is accompanied by a Letter of Credit and an Engineers Opinion of Probable Costs to complete
the necessary public improvements. The sum of the outstanding work is $1,025,642.60 and the subdivision
bond is in the amount of $1,28,803.25 which is 125% of the outstanding work as required by the Laurel —
Yellowstone Subdivision Regulations.
CONCLUSION:
Based upon the final plat application and the additional documentation submitted as a part thereof, it is
recommended that the City Council APPROVE the final plat application for the Cherry Hills 3rd Filing in the NY2
Section 8, Township 02 North, Range 24 East, P.M.M., Yellowstone County, Montana, COS 3034
SUGGESTED FORM OF MOTION:
I move the adoption of Staff Report FP -22-01 as findings of fact and that the Final Plat for Cherry Hills 3`d Filing
Subdivision be APPROVED.
City of Laurel Planning Department
115 West First Street
Laurel, Montana 59044
Phone: (406)628-4796
ROUTING/COMMENT REQUEST FORM
Attached are a plat and documents submitted to our office for review and comment. Please review these documents ai
forward it to the next department. Comments can be made in the project text section for this project. For further
information contact Kurt Marke and at 628-4796 ext. 5305 or via e-mail at kmarke and laurel.mt. ov
Flat.Plat.Chekry Hills Subdivision Yfiling Yellowstone County
Tract 1 of Certificate of Survey No. 3034 Cherry Hills Subdivision 3rd Filing City of Laurel
Status
Type of Subdivision/Survey
Date R/C
Gross Acreage
Check Print
Final Plat Check print
Kurt Markegar /For
9.37 Acres
Applicant
Phone
Surveyor/Engineer
Phone
Western Holdings LLC
406-628-4796 ext. 5305
Plannin
Morrison Maierle
406-922-6735
Attachments
® Checkprint (IX)
Planning Department
Reviewed B
Date R/C
Date R/C
Date out
e
Kurt Markegar /For
June 22, 2022
202
Sanders n
I Comments: Annexation to City of Laurel a ine riehts of way I
Laurel City Attorney
Revie4 d By:
Date R/C
Date Out
e
.-VU11416 ZZ
Comments:
Riverstone Health Reviewed By Date R/C Date Out
Comments:
County Treasurer Reviewed By A 7i%nie f Date R/C 42L-30/,71 Date Out
Comments:
Reviewed By Date R/C Date Out
NA NA NA NA
Comments:
Date R/C
7.• / �9
Comments:
Reviewed By Date R/C Date Out
NA
Comments:
Clerk and Recorder Reviewed By ,,�o Date R/C Date Out -7/
Comments:
City of Laurel Routing Form
Comments For Cherry Hills Sub Yd Fil from YC GIS Department (7/1/22):
1. Road names are not correct.
a. Maryland Ln needs to be corrected to W. Maryland Ln.
b. We will not accept "Heather Dr" as that is already being used in the county. Please
visit this website
https://www yellowstonecountymt gov/mapping/`Roadnames/roadnames asp
for all names that are being used. The new road name must be unique and not
sound like another road name that is on the list.
2. 1 don't believe that there is an actual road easement for W. Maryland Ln going all the
way to the Big Ditch. If there is, please provide document numbers.
3. A few things need to happen first before this plat goes through:
a. If this is getting annexed that needs to go through first or else this is still in the
county and all county departments should look at it.
b. The current zoning is R200. Not sure what the restrictions are for that, but the plat
mentions R7500. A zone change needs to happen first, whether if that is tied to the
annexation or not.
4. 1 don't think it is a good idea to leave a remainder piece of land (in this case CS 3034
TR 1). It would be better to just survey that whole area and call the remainder Block 4
Lot 5 or something like that.
5. It has been discussed that there needs to be a plan in place to deal with the inevitable
meetup of W. Maryland and NW Maryland Ln, when there is a W. Maryland Ln, just to
the south of NW Maryland Ln. before this plat becomes finalized.
6. 1 would suggest keeping the flow of the blocks and lots with Cherry Hills 2nd I'll, ex. Block
5 lot 1-6 would be Block 15 lots 12-17 and would go the other way to keep with the flow
and so on and so forth. That way, in all the Cherry Hills complex (all the filings), there is
no duplicate block numbers.
July 8, 2022 (Clerk and Recorder)
Reviewed the check print for Cherry Hills Subdivision, 311 Filing, prepared by Morrison Maierle. The purpose of
the plat is to create a major subdivision. Western Holdings Company, LLC owns the tract that will be subdivided.
There are several items that will need to be addressed before a final plat can be submitted.
1. Remove "Final Plat" reference from title block. '/. section needs to be identified in the title block.
2. Remove both Clerk and Recorder and City Engineering title blocks from face of plat.
3. An SIA, title report, or necessary consent documents don't accompany the check print. All will need to be
completed and submitted with the final plat.
4. A signature block needs to be added for Western Holdings Company, LLC. The signature line and the
notary block will need to include the title or authorized capacity of the person signing.
5. There is a signature block for Gerald A. and Ardis M. Neumann. It isn't clear if they have interest in the
property. If not, remove signature block.
6. GIS has made several comments that will need to be addressed prior to submittal.
7. A review of the SIA is advised before submittal.
8. All assessed taxes will need to be paid in full at the time of filing.
(Laurel — Cherry Hills)
PyS AA14 p,C
4 �F
First American Title Company
1001 South 24th Street West Ste 200, Billings, MT 59102
Phone (406)248-7877 - Fax (406)248-7875
Escrow Officer: Tammy Shovar - tshovar@gofirstam.com
Title Officer: Kristina Stams - kstams@gofimtam.com
A Haus Of Realty
20 Montana Avenue P.O. Box 25
Laurel, MT 59044
Attentlon: Angela Klein -Hughes
A Haus Of Realty
20 Montana Avenue P.O. Box 25
Laurel, MT 59044
Attention: Hazel Klein
RE: Property Address: None Available, Laurel, MT 59044
ENCLOSED please find the following:
• Title Commitment
• Supporting Documents
***ATTENTION -PLEASE READ***
WARNING! WIRE FRAUD ADVISORY: Wire fraud and email hacking/phishing
attacks are on the increase! If you have an escrow or closing transaction
with us and you receive an email containing Wire Transfer Instructions, DO
NOT RESPOND TO THE EMAIL! Instead, call your escrow/closer immediately,
using previously known contact information and NOT information provided
in the email, to verify the information prior to sending funds.
Note: It is our company policy to send secure wire Instructions directly to the party wiring funds.
rev. 07/2016
* OLD REPUBLIC TI'T'LE
FACTS
WHAT DOES OLD REPUBLIC TITLE DO WITH YOUR PERSONAL
Can you limit this sharing?
INFORMATION?
Why?
Financial companies choose how they share your personal Information, Federal law gives consumers the right to
For our everyday business purposes — such as to process your
limit some but not all sharing. Federal law also requires us to tell you how we collect, share, and protect your
protect my personal
personal information. Please read this notice carefully to understand what we do.
What?
The types of personal Information we collect and share depend on the product or service you have with us. This
and legal investigations, or report to credit bureaus
Information can include:
How does Old Republic Title
• Social Security number and employment Information
No
• Mortgage rates and payments and account balances
you
• Checking account Information and wire transfer Instructions
When you are no longerour customer, we continue to share your information as described in this notice.
How?
All financial companies need to share customers' personal information to run their everyday business. In the
For our affiliates' everyday business purposes —
section below, we list the reasons financial companies can share their customers' personal information; the
No
reasons Old Republic Tide chooses to share; and whether you can limit this sharing.
Reasons we can share your personal Information
Does Old Republic
Can you limit this sharing?
Title Share?
W—ft tl4
For our everyday business purposes — such as to process your
To protect your personal information from unauthorized access and use, we use security
protect my personal
transactions, maintain your accounts(s), or respond to court orders
Yes
No
and legal investigations, or report to credit bureaus
h www.OldRe ublicTitle,com newnall l Coma riva
How does Old Republic Title
For our marketing purposes — to offer our products and services to
No
We don't share
you
• Show your government -Issued ID or provide your mortgage information
For joint marketing with other financial companies
No
We don't share
For our affiliates' everyday business purposes —
Yes
No
Information about your transactions and experiences
For our affiliates' everyday business purposes —
No
We don't share
Information about your creditworthiness
For our affiliates to market to you
No
We don't share
For non -affiliates to market to you
No
We don't share
Questions Go to www.oldrepubliCHtle.com (Contact Us)
Wi%We"a,`re
Who Is providing this notice?
Companies with an Old Republic Title names and other affiliates, Please see below for a list of
affiliates.
W—ft tl4
How does Old Republic Title
To protect your personal information from unauthorized access and use, we use security
protect my personal
measures that comply with federal law. These measures Include computer safeguards and
information?
secured files and buildings. For more Information, visit
h www.OldRe ublicTitle,com newnall l Coma riva
How does Old Republic Title
We co ect your persona in onnation, or examp e, w en you:
collect my personal information?
Give us your contact Information or show your driver's license
• Show your government -Issued ID or provide your mortgage information
• Make a wire transfer
We also collect your personal Information from others, such as credit bureaus, affiliates, or
other companies.
Why can't 1 limit all sharing?
Federal law gives you the right to limit only:
• Sharing for affiliates' everyday business purposes - Information about your
creditworthiness
Affiliates from using your information to market to you
• Sharing for non -affiliates to market to you
State laws and Individual companies may give you additional rights to limit sharing. See the
"Other important information" section below for your rights under state law.
petititions
Affiliates
Companies related by common ownership or control. They can be financial and nonfinancial
companies.
• Our affiliates Include companies with an Old Republic Title name, and financial companies
such as Affomeys' Title Fund Services, LLC, Lex Teniae National Title Services, Inc.,
Mississippi Valley Tide Services Com an , and The Title Company of North Carolina.
Non affiliates
Companies not related by common ownership or control. They can be financial and non-
financial companies.
• Old Republic Title does not share with nonafflliates so they can market to you
Joint marketing
A formal agreement between non-affiliated financial companies that together market financial
products or services to you.
• Old Republic Title doesn?jointly market.
�ffiliate�s_, ho`� a �13e D�eliv�ertiigT�i
s�o ee
American First Abstract,
LLC
American First Title &
American GuarantyTitle
Attorneys' Title Fund
Compass Abstract, Inc.
Trust Company
insurance Company
Services, LLC
eRecording Partners
Network, LLC
Genesis Abstract, LLC
Kansas City Management
L.T. Service Corp.
Lenders inspection Company
Group, LLC
Lex Tome National Title
Services, Inc.
Lex Terms, Ltd.
Mara Escrow Company
Misslssippl Valley Title
National Title Agents Services
Services Company
Company
Old Republic Branch
Infornation Services, Inc.
Old Republic Diversified
Old Republic Exchange
Old Republic National
Old Republic Title and Escrow of
Services, Inc.
Company
Title Insurance
Hawaii, Ltd.
Company
Old Republic Title Co.
Old Republic Title
Old Republic Title
Old Republic Title
Old Republic Title Company of
Company of Conroe
Company of Indiana
Company of Nevada -
Oklahoma
Old Republic Tide
Company of Oregon
Old Republic Title
Old Republic Title
Old Republic Title
Old Republic Title Insurance Agency,
Company of St. Louts
Company of Tennessee
Information Concepts
Inc.
Old Republic Title, Ltd.
Republic Abstract&
Sentry Abstract Company
The Title Company of
Title Services, LLC
SattlemanI. LLC
North Carolina
Trident Land Transfer
Company, LLC
ORT Form 4690 6/06 Rev. 8-1-16
ALTA COMMITMENT FOR TITLE INSURANCE
Issued By
OLD REPUSLICNWTONAL TITLEINSURANCE COMPANY
NOTICE
IMPORTANT — READ CAREFULLY: THIS COMMITMENT IS AN OFFER TO ISSUE ONE OR MORE TITLE INSURANCE POLICIES. ALL
CLAIMS OR REMEDIES SOUGHT AGAINST THE COMPANY INVOLVING THE CONTENT OF THIS COMMITMENT OR THE POLICY MUST BE
BASED SOLELY IN CONTRACT.
THIS COMMITMENT IS NOT AN ABSTRACT OF TITLE, REPORT OF THE CONDITION OF TITLE, LEGAL OPINION, OPINION OF TIRE, OR
OTHER REPRESENTATION OF THE STATUS OF TITLE, THE PROCEDURES USED BY THE COMPANY TO DETERMINE INSURABILTY OF THE
TIRE, INCLUDING ANY SEARCH AND EXAMINATION, ARE PROPRIETARY TO THE COMPANY, WERE PERFORMED SOLELY FOR THE
BENEFIT OF THE COMPANY, AND CREATE NO EXTRACONTRACTUAL LIABILITY TO ANY PERSON, INCLUDING A PROPOSED INSURED.
THE COMPANY'S OBLIGATION UNDER THIS COMMITMENT IS TO ISSUE A POLICY TO A PROPOSED INSURED IDENTIFIED IN SCHEDULE
A IN ACCORDANCE WITH THE TERMS AND PROVISIONS OF THIS COMMITMENT. THE COMPANY HAS NO LIABILITY OR OBLIGATION
INVOLVING THE CONTENT OF THIS COMMITMENT TO ANY OTHER PERSON.
COMMITMENT TO ISSUE POLICY
Subject to the Notice; Schedule B, Part I — Requirements; Schedule B, Part II — Exceptions; and the Commitment Conditions, Old
Republic National Title Insurance Company, a Florida Corporation (the "Company'), commits to issue the Policy according to the
terms and provisions of this Commitment. This Commitment is effective as of the Commitment Date shown In Schedule A for each Policy
described in Schedule A, only when the Company has entered in Schedule A both the specified dollar amount as the Proposed Policy
Amount and the name of the Proposed Insured.
If all of the Schedule B, Part I — Requirements have not been met within six months after the Commitment Date, this Commitment
terminates and the Company's liability and obligation end.
OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY
A Stock Company
400 $=noAvenue South, Minneapolis, Minnesota 55401
(6171371-Illl
By Ll / v / President
Attest b"4 —W'4 Secretary
Issued through the office of:
First American Title Company
1001 South 24th Street West Ste
200 Billings, MT 59102
(406)248-7877
If this jacket was created electronically, It constitutes an original document
Authorized Signature
This page is only a part of a 2016 ALTA ® Commitment for Title Insurance issued by Old Republic National Title Insurance Company. This Commitment
Is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I - Requirements; Schedule
B, Part II - Exceptions; and a counter -signature by the Company or Its Issuing agent that may be in electronic form,
Copyright 2006.2016 American Land Tilde Association. All lights reserved.
The use of this Forth (or any derivative thereof) Is restricted to ALTA licensees and ALTA members In good standing as of the date of use. All other
uses are prohibited. Reprinted under license from the American Land Tide Association.
COMMITMENT CONDITIONS
1. DEFINITIONS
(a) "Knowledge" or "Known': Actual or imputed knowledge, but not constructive notice imparted by the Public Records.
(b) "Land": The land described in Schedule A and affixed improvements that by law constitute real property. The term "Land"
does not include any property beyond the lines of the area described in Schedule A, nor any right, title, Interest, estate,
or easement in abutting streets, roads, avenues, alleys, lanes, ways, or waterways, but this does not modify or limit the
extent that aright of access to and from the Land is to be insured by the Policy.
(c) "Mortgage": A mortgage, deed of trust, or other security instrument, including one evidenced by electronic means
authorized by law.
(d) "Policy": Each contract of title insurance, In a form adopted by the American Land Title Association, Issued or to be issued
by the Company pursuant to this Commitment.
(e) "Proposed Insured": Each person Identified in Schedule A as the Proposed Insured of each Policy to be issued pursuant to
this Commitment.
(f) "Proposed Policy Amount": Each dollar amount specified in Schedule A as the Proposed Policy Amount of each Policy to
be issued pursuant to this Commitment.
(g) "Public Records": Records established under state statutes at the Commitment Date for the purpose of Imparting
constructive notice of matters relating to real property to purchasers for value and without Knowledge.
(h) "Title": The estate or interest described in Schedule A.
2. If all of the Schedule B, Part I — Requirements have not been met within the time period specified in the Commitment to Issue
Policy, this Commitment terminates and the Company's liability and obligation end.
3. The Company's liability and obligation is limited by and this Commitment is not valid without:
(a) the Notice;
(b) the Commitment to Issue Policy;
(c) the Commitment Conditions;
(d) Schedule A;
(e) Schedule B, Part I -Requirements;
(f) Schedule B, Part II -Exceptions; and
(g) a counter -signature by the Company or its issuing agent that may be in electronic form.
4. COMPANY'S RIGHT TO AMEND
The Company may amend this Commitment at any time. If the Company amends this Commitment to add a defect, lien,
encumbrance, adverse claim, or other matter recorded in the Public Records prior to the Commitment Date, any liability of the
Company Is limited by Commitment Condition S. The Company shall not be liable for any other amendment to this Commitment.
S. LIMITATIONS OF LIABILITY
(a) The Company's liability under Commitment Condition 4 is limited to the Proposed Insured's actual expense incurred in the
Interval between the Company's delivery to the Proposed Insured of the Commitment and the delivery of the amended
Commitment, resulting from the Proposed Insured's good faith reliance to:
I. comply with the Schedule B, Part I — Requirements;
ii, eliminate, with the Company's written consent, any Schedule B, Part II — Exceptions; or
iii. acquire the Title or create the Mortgage covered by this Commitment.
(b) The Company shall not be liable under Commitment Condition 5(a) if the Proposed Insured requested the amendment or
had Knowledge of the matter and did not notify the Company about it in writing.
(c) The Company will only have liability under Commitment Condition 4 if the Proposed Insured would not have incurred the
expense had the Commitment included the added matter when the Commitment was first delivered to the Proposed
Insured.
(d) The Company's liability shall not exceed the lesser of the Proposed Insured's actual expense incurred In good faith and
described in Commitment Conditions S(a)(1) through 5(a)(I11) or the Proposed Policy Amount.
(e) The Company shall not be liable for the content of the Transaction Identification Data, if any.
(f) In no event shall the Company be obligated to Issue the Policy referred to in this Commitment unless all of the Schedule
B, Part I - Requirements have been met to the satisfaction of the Company.
(g) In any event, the Company's liability is limited by the terms and provisions of the Policy.
This page is only a part of a 2016 ALTA ® Commitment for Title Insurance Issued by Old Republic National Title Insurance Company. This Commitment
is not valid without the Notice; the Commitment to Lssue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I • Requirements; Schedule
B, Part II - Exceptions; and a countersignature by the Company or its Issuing agent that may be in electronic form.
Copyright 2006-2016 American Land Title Association. All rights reserved.
The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other
uses are prohibited. Reprinted under license from the American Land Title Association.
6. LIABILITY OF THE COMPANY MUST BE BASED ON THIS COMMITMENT
(a) Only a Proposed Insured identified in Schedule A, and no other person, may make a claim under this Commitment.
(b) Any claim must be based in contract and must be restricted solely to the terms and provisions of this Commitment.
(c) Until the Policy Is issued, this Commitment, as last revised, is the exclusive and entire agreement between the parties
with respect to the subject matter of this Commitment and supersedes all prior commitment negotiations,
representations, and proposals of any kind, whether written or oral, express or implied, relating to the subject matter of
this Commitment.
(d) The deletion or modification of any Schedule B, Part II — Exception does not constitute an agreement or obligation to
provide coverage beyond the terms and provisions of this Commitment or the Policy.
(e) Any amendment or endorsement to this Commitment must be In writing and authenticated by a person authorized by the
Company.
(f) When the Policy is Issued, all liability and obligation under this Commitment will end and the Company's only liability will
be under the Policy.
7. IF THIS COMMITMENT HAS BEEN ISSUED BY AN ISSUING AGENT
The Issuing agent is the Company's agent only for the limited purpose of issuing title Insurance commitments and policies, The
issuing agent is not the Company's agent for the purpose of providing closing or settlement services.
B. PRO -FORMA POLICY
The Company may provide, at the request of a Proposed Insured, a pro -forma policy illustrating the coverage that the Company
may provide, A pro -forma policy neither reflects the status.of Title at the time that the pro -forma policy is delivered to a Proposed
Insured, nor is it a commitment to insure.
This page is only apart of a 2016 ALTA O Commitment for Title Insurance Issued by Old Republic National Title Insurance Company. This commitment
Is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I - Requirements; Schedule
B, Part II - Exceptions; and a counter -signature by the Company or Its Issuing agent that may be In electronic form.
Copyright 2006-2016 American Land Title Association. All rights reserved.
The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members In good standing as of the date of use. All other
uses are prohibited. Reprinted under license from the American land Title Association.
rile No. 1042710 I - Page 3 of 9 ALTA Commitment for Title Insurance (8-1-16)
ORT Form 4690 A (8-1-16)
ALTA Commitment for Title Insurance
Issued By
Old Republic National Title Insurance Company
Transaction Identification Data for reference only:
Issuing Agent and Office: First American Title Company, 1001 South 24th Street West Ste 200, Billings , PIT 59102
(406)248-7877
Issuing Office's ALTA ® Registry ID: 1147062
Loan ID No.:
Issuing Office Commitment/File No.: 1042710
Property Address: None Available, Laurel, MT 59044
Revision No.:
SCHEDULE A
1. Commitment Date: May 04, 2022 at 7:30 A.M.
2. Policy (or Policies) to be issued: Premium Amount reflects applicable rate
(a) ® 2006 ALTA ® Standard Owner's Policy
Proposed Insured: Jerome P. Klein and Hazel L. Klein
Proposed Policy Amount: $79,900.00 Premium Amount $
Endorsements: $
(b) ❑ 2006 ALTA® Loan Policy
Proposed Insured:
Proposed Policy Amount: $ Premium Amount $
Endorsements: $
(c) ❑ ALTA O Policy
Proposed Insured:
Proposed Policy Amount: $ Premium Amount $
Endorsements: $
3. The estate or interest in the Land described or referred to in this Commitment Is fee simple.
4. The Title Is, at the Commitment Date, vested In:
Western Holdings Company LLC, a Montana limited liability company
493.00
This page is only a part of a 2016 ALTA 0 Commitment for Title Insurance Issued by Old Republic National Title Insurance Company. This Commitment
Is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I - Requirements; Schedule
B, Part II -Exceptions, and a countersignature by the Company or Its issuing agent that may be In electronic form.
Copyright 2006-2016 American Land Title Association. All rights reserved.
The use of this Form (or any derivative thereof) Is restricted to ALTA licensees and ALTA members In good standing as of the date of use. All other
uses are prohibited. Reprinted under license from the American Land Title Association.
rile No. 1042710 1
Page 4 of 9 1
ALTA Commitment for !2
Insurance (8.1-16)
S. The Land is described as follows:
That part of North Half of Section 8, Township 2 South, Range 24 East, of the Principal
Montana Meridian, in Yellowstone County, Montana, described as Tract 1 of Certificate of
Survey 3034, on file in the office of the Clerk and Recorder of said County, under Document
No. 3085270.
By:
Authorized Countersignature
(This Schedule A valid only when Schedule B is attached.)
This page Is only a part of a 2016 ALTA O Commitment for Title Insurance Issued by Old Republic National Title Insurance Company. This Commitment
Is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I - Requirements; Schedule
B, Part II - Exceptions; and a countersignature by the Company or Its Issuing agent that may be in electronic form.
Copyright 2006-2016 American land Title Association. All rights reserved.
The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other
uses are prohibited. Reprinted under license from the American Land We Association.
le No. 1042710 Page 5 of 9 ALTA Commitment for Title Insurance (8-1-16)
ORT Form 4690 B I (8-1-16)
ALTA Commitment for Title Insurance
Issued By
Old Republic National Title Insurance Company
SCHEDULE B, PART I
Requirements
All of the following Requirements must be met:
1. The Proposed Insured must notify the Company in writing of the name of any party not referred to in
this Commitment who will obtain an Interest In the Land or who will make a loan on the Land. The
Company may then make additional Requirements or Exceptions.
2. Pay the agreed amount for the estate or interest to be Insured.
3. Pay the premiums, fees, and charges for the Policy to the Company.
4. Documents satisfactory to the Company that convey the' ltie or create the Mortgage to be Insured, or
both, must be properly authorized, executed, delivered, and recorded in the Public Records,
5. If any document in the completion of this transaction is to be executed by an attomey-in-fact, the
Power of Attorney must be submitted for review prior to closing.
6. We require the attached Seller/Borrower Affidavit be completed prior to recording.
7. We require a copy of the articles of organization, operating agreement and resolutions, and any
amendments showing the power and authority of the party or parties who plan to execute the
forthcoming conveyance or mortgage on behalf of said Limited Liability Company.
8. We require a subdivision being filed with the county dark and recorder.
This page Is only a part of a 2016 ALTA O Commitment for Title Insurance laved by Old Republic National Title Insurance Company. This Commitment
Is not valid without the Notice; the Commitment to Issue Policy; the Commitment conditions; Schedule A; Schedule B, Part I - Requirements; Schedule
B, Part II - Exceptions; and a countersignature by the Company or Its Issuing agent that may be in electronic form.
Copyright 2006.2016 American Land Title Association. All rights reserved.
The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other
uses are prohibited. Reprinted under license from the American Land Title Association.
le No. 1042710 Page 6 of 9 ALTA Commitment for Title Insurance (8-1-16)
ORT Form 4690 B 11 (8-1-16)
ALTA Commitment for Title Insurance
Issued By
Old Republic National title Insurance Company
SCHEDULE B, PART II
Exceptions
THIS COMMITMENT DOES NOT REPUBLISH ANY COVENANT, CONDITION, RESTRICTION, OR LIMITATION
CONTAINED IN ANY DOCUMENT REFERRED TO IN THIS COMMITMENT TO THE EXTENT THAT THE
SPECIFIC COVENANT, CONDITION, RESTRICTION, OR LIMITATION VIOLATES STATE OR FEDERAL LAW
BASED ON RACE, COLOR, RELIGION, SIX, SEXUAL ORIENTATION, GENDER IDENTITY, HANDICAP,
FAMILIAL STATUS, OR NATIONAL ORIGIN.
The Policy will not insure against loss or damage resulting from the terms and provisions of any lease or
easement Identified in Schedule A, and will include the following Exceptions unless cleared to the
satisfaction of the Company:
1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority
that levies taxes or assessments on real property or by the Public Records.
2. Any facts, rights, interests, or claims which are not shown by the Public Records but which could be
ascertained by an Inspection of said Land or by making Inquiry of persons in possession thereof.
3. Easements, claims of easement or encumbrances which are not shown by the Public Records.
4. Any encroachment, encumbrance, violation, variation, or adverse Circumstance affecting the title
Including discrepancies, conflicts in boundary lines, shortage in area, or any other facts that would be
disclosed by an accurate and complete land survey of the Land, and that are not shown in the Public
Records.
S. (a) Unpatented mining dalms; (b) reservations or exceptions in patents or in Acts authorizing the
Issuance thereof; (c) water rights, claims or tide to water, ditch or ditch rights, whether or not the
matters excepted under (a), (b), or (c) are shown by the public records.
6. Any (lens, or rights to a lien, for services, labor or material theretofore or hereafter furnished,
imposed by law and not shown by the Public Records.
7. Any right, title or interest in any minerals, mineral rights or related matters, Including but not limited
to oil, gas, coal and other hydrocarbons, sand, gravel or other common variety materials, whether or
not shown by the Public Records,
This page Is only a part of a 2016 ALTA o Commitment for Title Insurance issued by Old Republic National Title Insurance Company. This Commitment
Is not valid without the Notice; the Commitment to Issue Policy,, the Commitment Conditions; Schedule A; schedule B, Part I - Requirements; Schedule
B, Part II - Exceptions; and a counter -signature by the Company or Its Issuing agent that may be in electronic form.
Copyright 2006-2016 American Land Title Association. All rights reserved.
The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other
uses are prohibited. Reprinted under license from the American land Title Association.
Ile No. 1042710 Page 7 of 9 ALTA Commitment for Tide Insurance (8-1-16)
8. County road rights-of-way not recorded and Indexed as a conveyance of record in the office of the
Clerk and Recorder pursuant to Title 70, Chapter 21, M.C.A., including, but not limited to any right of
the Public and the County of Yellowstone to use and occupy those certain roads and trails as depicted
on County Surveyor's maps on file in the office of the County Surveyor of Yellowstone County.
9. Any defect, lien, encumbrance, adverse claim, or other matter that appears for the first time in the
Public Records or is created, attaches, or is disclosed between the Commitment Date and the date on
which all of the Schedule B, Part I - Requirements are met.
10. 2022 taxes and special assessments are an accruing lien, amounts not yet determined or payable.
The first one-half becomes delinquent after November 30th of the current year, the second one-half
becomes delinquent after May 31st of the following year.
General taxes as set forth below. Any amounts not paid when due will accrue penalties and Interest
In addition to the amount stated herein:
Year First Half / Status Second Half / Status Parcel Number Covers
2021 $56.55 Paid $56.55 Paid D12562 Subject Land
11. Easement granted to Yellowstone Valley Electric, recorded March 7, 1939 in Book/Roll 210, page 33,
under Document #336123.
12. Right-of-way granted to Montana Power Company, recorded December 19, 1979, in Book/Roll1214,
Page2955, under Document #1151860.
13. All matters, covenants, conditions, restrictions, easements and any rights, Interests or claims which
may exist by reason thereof, disclosed by the recorded plat of Certificate of Survey No. 3034, filed
March 28, 2000, under Document #3085270, but deleting any covenant, condition or restriction
indicating a preference, limitation or discrimination based on race, color, religion, sex, handicap,
familial status, or national origin to the extent such covenants, conditions or restrictions violate 42
USC 3604(c).
14. The effect of Acceptance of Certificate of Survey Agricultural Exemption recorded March 28, 2000,
under Document #3085271.
15. Easement granted to Montana Dakota Utilities, recorded January 29, 2003 under Document
#3212529.
16. Easement granted to City of Laurel, recorded November 23, 2005 under Document #3358070.
17. Easement granted to Northwestern Energy, recorded August 24, 2006 under Document #3390267.
This page is only a part of a 2016 ALTA ® Commitment for Title Insurance Issued by Old Republic National Title Insurance Company. This commitment
Is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I - Requirements; Schedule
B, Part II - Exceptions; and a countersignature by the Company or Its Issuing agent that may be in electronic form.
Copyright 2006-2016 American Land Title Association. All rights reserved.
The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. Al other
uses are prohibited. Reprinted under license from the American Land Title Association.
INFORMATIONAL NOTES
A, Notice: Due to the conflict between federal and state laws concerning the cultivation, distribution,
manufacture or sale of marijuana, the Company may not be able to close and insure a transaction
Involving Land that is associated with these activities.
B. Other than as shown in Schedule B; we find no Judgment Liens, State Tax Liens, Federal Tax Liens or
Child Support Liens of record which attach to the name(s) or Interest of the vested owner and/or
proposed Insured owner/borrower.
This page is only apart of a 2016 ALTA® Commitment for Title Insurance Issued by Old Republic National Title Insurance Company. This Commitment
Is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I - Requirements; Schedule
B, Part II - Exceptions; and a counter -signature by the Company or Its Issuing agent that may be In electronic form.
Copyright 2006-2016 American Land Title Association. All rights reserved.
The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members In good standing as of the date of use. All other
uses are prohibited. Reprinted under license from the American Land Title Association.
Ile No. 1042710 Page 9 of 9 ALTA Commitment for Title Insurance (8-1-16)
CERTIFICATE OF SURVEY No. 3o3v
PURPOSEOFSURVEY.•AO. MEWWO
�wmuouacum®a
urasaAramLe
__ — ..�._-
retwrsraamuvrr.uwcaw �,—_..�........,..,.WEMEM ME.
TRACT 1
327.44 ACRES
IX -1 .4 'i
This Document Prepared By:
After Recording Return To:
Robert Stoltz
Western Holdings Company LLC
3329 McMasters Road
Billings, MT 59101
Order No.: 3523201362 -CW
3991682 WD
09/288021 12:33 PM Page 1 of 1 Fees: $8.00
eRecorded For Yellowstone County, MT
Jeff Martin, Clerk & Recorder
Rec9rdled
chilkpi
WARRANTY DEED
For Value Received Gerald A. Neumann and Ardis M. Neumann husband and wife, as joint tenams with
right of survivorship, the grantor(s), do(es) hereby grant, bargain, sell and convey unto Western Holdings
Company LLC, a Montana limited liability company, of 3329 Mcmasters Road, Billings, MT 59101, the
granloe(s), ds following described premises, in Yellowstone County, Montana, to wit:
That pan of North Had of Section 8, Township 2 South, Range 24 Fast of the Principal Montana
Mardian, In Yellowstone County, Montana, described as Tract 1 of CaNficate of Survey 3034, on file
In the office of the Clerk and Recorder of said County, under Document No, 3085270.
TO HAVE AND TO HOLD unto the Grantee and to the heirs and assigns forever, subject, however, to:
A. All reservations and exceptions of record and in patents from the United States or the Slate of
Montana;
B. All existing easements and rights of way of record, building, use zordng, sandary and environmental
restrictions:
C. Taxes and assessments for the year 2021 and subsequent years;
D. A0 prior Conveyances, leases or transfers of any Interest In minerals, including o8, gas and other
hydrocarbons;
Except with reference to dams referred to In paragraphs above, this Dead Is given with the usual
Covenants expressed in §30.11.110, Montana Coda Annotated.
This conveyance Is made and accepted upon the express agreement that the consideration heretofore
paid constitutes an adequate and full consideration in money or moneys worth.
IN WITNESS WHEREOF, the undersigned have executed this document on the date(s) set forth below.
Gerald A Naum�an/n'�
(Gfdr�59f. f 7i' ivws AMN
Ardis M. Neumann 1
State of Montana
County of Yellowstone \j
This instrument was acknowledged before me on September da . 2021 by OeraidA. Neumann end
Ards M. Neumann.
Daae0ya80ap1 With 09Zr.21 Q0=PMby CW
MTD0005*01UpOna0: 01.16.19 Pa9r1 Mr-0T4Naldfl5Q.332W-U2=J382
NDT PUdt arpr
Notary PubBC for the State of Montana,�'T
Residing at Billings, MT
;SEAL;•
eWrolum"s
Isonans
My Commission Expires: 10112/2021
IISNdYipeldaPw
(SEAL)hoc
ta.9m
Daae0ya80ap1 With 09Zr.21 Q0=PMby CW
MTD0005*01UpOna0: 01.16.19 Pa9r1 Mr-0T4Naldfl5Q.332W-U2=J382
ydbumn
PM -v9 --
Coauiiissioners Npartments Conlaos Site Map Dome
Orion Detail
Not all fields are currently maintained. The accuracy of the data is not guaranteed. Please notify the
ssessment Office (406-896-4000) of any Inaccuracies.
Back to Search Form Property Tax Detail
Owner Information
nary owner:
WESTERN HOLDINGS COMPANY LLC Ownership History.
Code:
D12562
Code:
03-0821-08-240-01-0000
ierty Address:
it Description:
508, T02 S, R24 E, C.O.S. 3034, PARCEL 1, IN N2 (01)
rerty Type:
VAC_R - Vacant Land - Rural
Clerk & Recorder
Site Data Vew Codes
Any comments or questions regarding the web site may be directed to the Web Developer.
03-2970-07L
Location:
Neighborhood Code:
203.500
Fronting
Parking type:
Parking Pros
Utilities:
Access:
Lot Size:
27.44 Acres
Topography:
Ag Land Data
Cont Crop AC:
0 Fallow AC: 0
Irrigated AC: 0
Grazing AC:
0 Wild AC: 0
Timber AC: 0
FarmsiteAC:
0 NouQua1AC: 27.44
Total AC: 27.44
Any comments or questions regarding the web site may be directed to the Web Developer.
Commissioners Departments
Contact% Site Map IIome.
Not all fields are currently maintained. The accuracy of the data is not guaranteed. Please notify the
ssessment Office of any inaccuracies.
Back to Search Form
Owner Information
Full Orion Detail
*Please Note: Owner information is supplied by the Montana Department of Revenue. To request updates to
addresses or other ownership information, please contact the DOR office at 8964000. Records for the current year
will not be updated after tax bills have been sent out, so changes requested after you receive your bill will appear only
on next year's records.
Tax Code: D12562
Primary Party
Primary Owner Name: WESTERN HOLDINGS COMPANY LLC Ownership History
2022 Mailing Address: WESTERN HOLDINGS COMPANY LLC
3329 MCMASTERS RD
BILLINGS, MT 59101-9423
Property Address:
Township: 02 S Range: 24 E Section: 08
Certificate of Survey: 3034 Parcel: I
Full Legal: S08, T02 S, R24 E, C.O.S. 3034, PARCEL 1, IN N2 (01)
GeoCode: 03-0821-08-2-40-01-0000
Show on Map (May not workfor some newer properties.)
Property Assessment Information
Levy District: 07L LAUREL OUTSIDE W/PLANNING (478.17 Mills)
2021 Assessed Value Summary
Assessed Land Value = $ 1,519.00
Assessed Building(s) Value = $ 0.00
Total Assessed Value = $ 1,519.00
Assessed Value Detail Tax Year: 2021
Class Code Amount
1701 - Non -Qualified Ag Land 20-160 Acres (15.12% Tax Rate) = $ 1,519.00
Total = $ 1,519.00
values shown for the given tax year are for taxation purposes only. They are supplied by the Department of Revenue. For
,tions about these values, please contact the Montana Department of Revenue, AppraisaVAssessment Office at 406-896-4000.
Rural SID Payoff Information
NONE
Property Tax Billing History
Year 1st Half 2nd Half Total
2001
86.57 P
86.55 P 173.12
2002
94.36 P
94.36 P 188.72
2003
99.63 P
99.61 P 199.24
2004 100.12 P 100.09 P 200.21
2005 75.08 P 75.06 P 150.14
2006
76.01 P
76.00 P 152.01
2007
74.02 P
74.00 P 148.02
2008
69.57 P
69.55 P 139.12
2009
72.74 P
72.73 P 145.47
2010
76.39 P
76.36 P 152.75
2011 74.01 P
73.98 P 147.99
2012 74.95 P
74.95 P 149.90
2013 71.69 P
71.68 P 143.37
2014 68.34 P
68.34 P 136.68
2015 45.48 P
45.48 P 90.96
2016 46.24 P
46.22 P 92.46
2017 50.79 P
50.77 P 101.56
2018 56.04 P
56.03 P 112.07
2019 51.64 P
51.62 P 103.26
2020 53.78 P
53.76 P 107.54
2021 56.55 P
56.55 P 113.10
(P) indicates paid taxes.
Click on year for detail. Lay Taxes Online
Jurisdictional Information
Commissioner Dist: 1 - Jahn Ostlund (R)
School Attendance Areas
Senate: 28 - Brad Molnar(R)
High: LAUREL
House: 55 - Vince Ricci (R)
Middle: LAUREL
Ward: Outside City Limits
Elem: LAUREL
Precinct: 55.3
Zoning: R200 -Residential Tracts
Click Here to view Billings
Reeulations
Click Here to view Laurel
&gul-oLion
Click Here to view Broadview
&gula io s
Click Here to view Yellowstone
County Regula ion
School District Trustee Links
R75 -Residential 7500
Click Here to view Billings
Regulations
Click Here to view Laurel
Regulations
Click Here to view Broadview
regulations
Click Here to -view Yellowstone
Lo-unty-Legulations
comments or questions regarding the web site may be directed to the
C'<:untni�sitaners T cpailments Contact% Site Map 11oine
Detail Property Tax Information
:laimer: The tax Information was updated on 4/2712022. Please notify the Treasurer's Office of any Inaccuracies. Online
Billing History Is available from Tax Year 2000 forward. If you wish Information for prior tax years contact the Treasurer's
:e. Pay Taxes Online
Tax ID: D 12562 Tax Year: 2021
LAUREL OUTSIDE W/PLANNING
Code District
1st Half
2nd Half
Total
LAUREL OUTSIDE W/PLANNING (Levy District)
54.99 P
54.99 P
109.98
LFD7 LFD7 LAUREL FIRE DISTRICT 47
1.51 P
1.51 P
3.02
SOIL SOIL SOIL CONSERVATION
0.05 P
0.05 P
0.10
Totals
56.55
56.55
113.10
Date Paid
11/16/2021
11/16/2021
Close Window
Western Surety Company
POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT
Know All Men By These Presents, That WESTERN SURETY COMPANY, aSouth Dakota corporation, is a duly organized and existing corporation
having is principal office in tiro City of Sioux Pails, and State of South Dakota, and that it does by virtue of the signature and seal herein affixed hereby
make, canstitute and appoint
John D Leaf, Marsha Hattel, Chris Jermunson, Michael E Depner, Billy J Bolt, Jamie M Roe,
Kaye U Muzzana, Kristin A Piccioni, Brooke A Garness, Robert C Pfennigs, Lynn St Pierre,
Brooke Schmidt, Michelle Sehermerhorn, Kimberly Hodson, Gary Paladichulf, Jon Tierney,
Individually
of Ormt pails, MT, its true and lawful Attomcy(s)dn-pact with NII power and authority hereby cardbTred to sign, seal and execute for and on its bchnlf
bonds, undertakings and other obligatory instruments of similar nature
- In Unlimited Amounts -
and to bind it thereby as fully and to the same extent as ifsuch instruments were signed by a duly authorized offimr of the corporation and all life acts of said
Attorney, pursuant to Ute authority hereby given, are hereby ratified and confirmed.
This Power of Attorney is made and executed pursuant to and by authority of the By -Law printed on the reverse hereof, duly adopted, as indicated, by
ilia shareholders of the corporation.
In Witness Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Vice President and its corporate seal to be
hereto affixed on []its 151h day of September,2021.
,QaFrt WESTERN SURETY COMPANY
Ce
J-P
a aQogq s
3i `SCP" • i/'-/
��.v«.°m�e`v aul T. Brufiat, Vim President
State of South Dakota
as
Counly arm
On this 151h day of September, 2021, before me personally came Paul T. Brutal, to me known, who, being by me duly swom, did depose and say: flint
he resides in the City of Sioux Falls, State of South Dakota; that lie Is the Vim President of WESTERN SURETY COMPANY described in and which
executed the above instrument; flint he knows the seal of said corporation; that the seal off to the said instrument is such corporate seat; that it uas so
affixed pursuant to authority given by the Board of Directors of said corporation and that the signed his name thereto pursuant to like authority, and
acknowledges sane to be the act and decd of said corporation.
My commission expires .••..NNN..\.\\.\\\\N\
M. BENT
�
aar arvu
March 2, 2026 ` aoara eax"crA r"
M. Brno Notary Public
CERTIFICATE
I, L. Nelson, Assistant Secretary of WESTERN, SURLTY COMPANY do hereby certify that the Parer of Attorney hereinabove set forth is still in
force, and further certify that the By -Law of Ihc'¢orpomtion pdnted on the reverse hereof is still in fora. In testimony whereof I have hereunto subscribed
my name and affixed the seal of the said corporh6n this 22nd day of June, 2022.
(Snrzil
zrWESTERN SURETY COMPANY
IIf�iC�CLIJ/
' L. Nelson, Assistant Secretary
Fonn F4280.7-2012
Go to www.cnasurety.com > Owner / Obligee Services> Validate Bond Coverage, If you want to verify bond authenticity.
SUBDIVISION BOND BoudNo. 30141495
KNOW ALL MEN BY THESE PRESENTS that J R Civil LLC, 536 Kathv Lane, Billines, MT_ 5.9105
as Principal, and Western Surety Company, PO Box 5077, Sioux Falls. SD 57117 an South Dakota
corporation, as Surety, are held and firmly bound unto City of Laurel. Montana as Obligee, in the sum
of One Million Two Hundred Eighty Thousand Eight Hundred Thme and 2s/looDollars(S 1.250.803.25 for the payment of which
sum, well and truly be made, the Principal and Surety bind themselves, their heirs, executors, administrators,
successes, and assigns, jointly and severally, firmly by these presents.
WHEREAS, the Principal and Obligee have entered into a written agreement dated 6/22/2022 relative to
installation of improvements and other conditions as indicated, for the Subdivision known as
Cherry Hills Subdivision - 3rd Filing , in Laurel. Montana and which agreement
is hereby made a part hereof.
NOW, THEREFORE, if the Principal shall well and truly perform all of the terms, covenants and conditions of said
agreement on its part to be performed, then this obligation shall be null and void; otherwise to remain in frill force
and effect.
No right of action or benefit under the Bond shall accrue to anyone other than the named Obligee. The aggregate
liability of the Surely shall not exceed the amount of the Bond for any cause of reason whatsoever.
Signed, sealed and dated June 22.2022
I R Civil LLC
Principal
B ' ' UIRY Y Fe V111�-Pii
(Name, Title) a
Western Surety Company
Surety
i
By:
(Name, Title) Jamie Nl, Rbe
Attorney-In-A,ct:,
1 .
oE2 Morrison
am Maierle
Hglmel. tutttpl • pI,aM11 � Wm41Y
Cherry Hills Subdivision 3rd Filing
Construction Cost Estimate
MIN
101 Mobilization I LS
1 1
$19,883.821
$19.883.8
102 ISWPPP Install & Removal I LS
1 1
$3,485.111
$3,485.11
Subtotal
$23,368.93
EXXON:n'�z�v'...„r�m�dar'' � .Jfefi'��71
-� ` zs .
201 6" Water Main LF 120
$26.46 $3175.20
I Morrison
ffi
mm Maierle
��aiM.". wmym,. ymur,. mmivu
Total Bonding Requirement (125°/9) $1,280,803.25
401
12" PVC Storm Sewer
LF
1103
$27.28'-$30,089.9
402
15" PVC Storm Sewer
LF
184
$35.67
$6,563.28
403
18" PVC Storm Sewer
LF
83
$51.49
$4,273.6
404
30" PVC Storm Sewer
LF
485
$95.55
W341.75
405
30" Storm Sewer Cap
EA
1
$1540.45
-$2',965.63
$ 1540.45
406
36"x24" Storm Sewer Inlet
EA
8
$23.725.04
407
48" Storm Sewer Comb. ORn-let
EA
14
$3,022.49
$42.314.721
408
72" Storm Sewer Manhole
2
$4 836.48
$9 672.96
409
72" Storm Sewer Comb. MH/Inlet
2
$5.602.25
$11 04.50
410
72" Wet Well with Pum
1
$24 187.32
$24187.32
411
4" Storm Sewer Perf. Pi
760
$9.69
$7 364.40
412
4" Storm Sewer Discharge Pi
685
$15.30
$10 480.50413
6" Storm Sewer Drain a Pi a to Wet Well
JLF
90
$21.28
$1915.20414
12" Utili Conduits with End Cas
1395
$29.60
$41 92.00415
Pond Gradin
2450
$4.05
$9 922.50416
In&itration Bed Roc Fabric Final Gradin
240
$54.26
$13 022.40417French
Drain With Fabric 6x6x6
12
$82.06
$984.72418
S lash Pad with Curb 12x6 I'Curb
4
$484.33
$1937.32
Subtotal
$286,832.57
501
Tree Removal
EA
5
$636.32
$3 181.60
502
Clear Grub Debris Removal and Stockpile
CY
810
$2.06
$1668.60
503
TopsoilSfi in end Stockpiling
CY
3243
$3.03
$9 826.29
504
Fence Removal
LF
1450
$1.77
$2.566.501
505
Roadway Cm -In Excavation
CY
4725
$4.05
$19136.25
506
Tem Culdesac Cut -In Excavation
CY
313
$4.05
$ 167.65
507
Roadways 12" Sub -Base Course
TON
4922
$12.73
S62.657.06
508
Roadways 6" Base Course
TON
3939
$9.27
$36 514.53
509
Tem Culdesac A e
TON
587
$27.41
$16.0-8-9.67-
16 089.67
510
510
ValleyGutter
LF
630
$27.33
$17,217.90
511
Curb and Gutter
LF
3584
$27.33
$97,950.72
512
As haltPavin
SF
68950
$1.76
$121352.00
513
Si sand Posts
EA
4
$459.29
$1837.16
514
Sidewalk
SF
1500
$14.45
$21675.00
Subtotal
$412,940.93
Total Construction Estimate
$1,024,642.60
Total Bonding Requirement (125°/9) $1,280,803.25
Title 16, SUBDIVISIONS
APPENDIX 1
APPENDIX I
Final Plat Application
1. Name of Subdivision Cherry Hill Subdivision 3r0 Filing
2. Tax ID N COOD125620
3. Location
a. Legal Description: 1/4 Section, Township, and Range: Tract 1, of COS 3034, Ni/2 of Section 8, T25, R24E
b. General location: Located on West Maryland Lane immediately west of Cherry Hills Sub. 2'd Filing,
4. Name, Address & Telephone Number of Subdivider
Name: WestePn Holdings, LLC
b. Address; PO Box 51330
Billings, MT59105
c. Telephone: 307-752-7003
5. Name, Address & Telephone Number of owner
a. Name: Western Holdings, LLC
b. Address: PO Box 51330
Billings, MT 59105
c. Telephone: 307.752.7003
6. Plat Data
a. Gross area: 9.37 acres
b. Net area: 6.45 acres
c. Number of lots: 28
7. Park Requirement
a. Land: None
b. Cash: 510,000
B. Date preliminary plat approved:
9. list of materials submitted with final application
Required:
a. Final Plat Yes
b. Subdivision Improvements Agreement Yes
c. Conditions of Approval Yes
d. Title Report Yes
Laurel, Montana, Code of Ordinances
(Supp. No. 18)
Page 1 of 2
Crtltrd: ZOU-8134 14:42:41 rMI
Title 16 -SUBDIVISIONS
APPENDIX I
e. Red lined check print Yes
Other: N/A
10. Deed restrictions or covenants? Yes X No : If yes, please attach copies.
11. Name, address & telephone of professional consultant(s)
Surveyor/engineer: Morrison Maierle
Address: PO Bop 1113
Bozeman, MT 59717
40.587.0721
Attorney:
Address:
Other:
Address:
I declare that I am the owner of record and that all the statements and Information contained In all exhibits
transmitted herewith are true and correct. I hereby apply for approval of the final plat of:
Western Holdings, LLC
(Signature of Owner/Owners)
Owners under Contract:
(Signature of Owners under contract)
(Ord. 07-01 (part), 2007)
Laurel, Montana, Code of Ordinances
(Supp. No. 18)
Page 2 of 2
CrIned: 1021.05.24 34:42:41 f2ST]
Subdivision Improvements Agreement
Cherry Hills Subdivision — 3`d Filing
I. Variances (page #):
II. Conditions that Run with the Land:
III. Transportation:
A. Streets
B. Sidewalks
C. Street Lighting
D. Traffic Control Devices
E. Access
F. Heritage Trail Plan
G. Public Transit
IV. Emergency Services:
V. Storm Drainage:
VI. Utilities:
A. Water
B. Sanitary Sewer
C. Power, Telephone, Gas, and Cable Television
VII. Parks/Open Space:
VIII. Irrigation:
IX. Soils/Geotechnical Study:
X. Phasing of Improvements:
XI. Financial Guarantees:
XII. Legal Provisions:
SIA -1
This agreement is made and entered into this � day o 2042i,,by and
between WESTERN HOLDINGS, LLC (Subdivider), whose add* or the purpose of
this agreement is PO Box 51330, Billings, MT 59105, hereinafter referred to as
"Subdivider," and the CITY OF LAUREL, 115 W In Street or PO Box 10, Laurel, MT
59044, hereinafter referred to as "City."
WITNESSETH:
WHEREAS, at a regular meeting conducted on 18 day of August , 2021 the
Laurel City -County Planning Board recommended conditional approval of a preliminary
plat of Cherry Hills Subdivision — 3'd Filing; and
WHEREAS, at a regular meeting conducted on 14 day of September , 202L
the Laurel City Council conditionally approved a preliminary plat of Cherry Hills
Subdivision —3'd Filing; and
WHEREAS, a Subdivision Improvements Agreement is required by the City prior to the
approval of the final plat.
WHEREAS, the provisions of this agreement shall be effective and applicable to Cherry
Hills Subdivision — 3'd Filing upon the filing of the final plat thereof in the Office of the
Clerk and Recorder of Yellowstone County, Montana. The Subdivision shall comply with
all requirements of the City of Laurel Subdivision Regulations, the rules, regulations,
policies, and resolutions of the City of Laurel, Yellowstone County, and the laws and
administrative rules of the State of Montana.
THEREFORE, THE PARTIES TO THIS AGREEMENT, for and in consideration of
the mutual promises herein contained and for other good and valuable consideration, do
hereby agree as follows:
I. VARIANCES
A. A variance to utilize 60 -ft rights-of-way for the Residential Local Access Road (Table
16A.C.1). The existing rights-of-way on adjacent subdivision roads are 60 feet, and this
would allow the development to match and continue those to be consistent.
II. CONDITIONS THAT RUN WITH THE LAND (Insert any applicable conditions in
the provided A, B, Cformat. The following are typical conditions that run with the land,
which may or may not be applicable to this subdivision):
A. Lot owners shall be required to construct that segment of the required sidewalk that
fronts their property at the time of lot development.
B. Lot owners should be aware that this subdivision is being built in close proximity to
prime deer and antelope habitat and it is likely that homeowners will experience problems
with damage to landscaped shrubs, flowers, and gardens. The Montana Fish, Wildlife, and
SIA -1
Parks Department does not provide damage assistance unless there is damage to
commercial crops and/or a threat to public health and safety.
C. Lot owners should be aware that soil characteristics within the area of this subdivision,
as described in the 1972 Yellowstone County Soil Survey, indicate that there could be
potential limitations for proposed construction on the lots, which may require a
geotechnical survey prior to construction.
D. No water rights have been transferred to the lot owners. Irrigation ditches that exist on
the perimeter of this development are for the benefit of other properties. Perimeter ditches
and drains shall remain in place and shall not be altered by the Subdivider or subsequent
owners.
E. There is attached hereto a Waiver waiving the right to protest the creation of the special
improvement district or districts, which by this reference is expressly incorporated herein
and made as much a part hereof as though fully and completely set forth herein at this
point. The Waiver shall be filed with the plat, shall run with the land, and shall constitute
the guarantee by the Subdivider and property owner or owners of the developments
described herein. Said Waiver is effective upon filing and is not conditioned on the
completion of the conditions set forth in this Agreement. The Subdivider and owner
specifically agree that they are waiving valuable rights and do so voluntarily.
III. TRANSPORTATION
A. Streets
Right -of -Way (ROW) dedications shall be made for extensions of Cherry Hills Drive (60
feet) and Maryland Lane (80 feet), as well as new internal roads Heather Drive (60 feet)
and Rochelle Lane (60 feet). Streets shall have widths of 33 feet edge -of -pavement to
edge -of -pavement (i.e., 37' TBC to TBC) within 60 -foot ROWs. 45 feet edge -of -pavement
to edge -of -pavement (i.e., 49' TBC to TBC) within 80 -foot ROWS. Streets shall include
standard 2' catch curb and gutters on each side of the road. Some valley gutters may be
required. These curb/gutter and valley gutter items shall be reviewed and approved by the
City of Laurel Public Works Department prior to installation. Additionally, two temporary
cul-de-sacs shall be constructed (within easements outside the subdivision) to provide
adequate turnarounds for dead end streets of Cherry Hills Drive and Maryland Lane in
accordance with City of Laurel regulations:"
B. Sidewalks
A standard 5' sidewalk is proposed on both sides of each street. Sidewalks shall be located
within the public Rights -of -Way and be located 1 foot offset from the Rights -of -Way
extents.
SIA -2
C. Street Lighting
Streetlights are not anticipated or proposed for this development.
D. Traffic Control Devices
Stop signs shall be placed to control northbound and southbound traffic from Heather
Drive and Rochelle Lane onto Cherry Hills Drive and Maryland Lane.
E. Access
Access to the subdivision will be by extensions of West Maryland Lane and Cherry Hills
Drive. Future extensions of West Maryland Lane could be provided to connect to the
Elena Subdivision. Lots shall include single accesses from the public Rights -of -Way.
Each lot shall be limited to a single access.
F. Bike or Pedestrian Trail Plans
West Maryland Lane appears to be a Primary Bikeway (on -street bikeway). The proposed
49' TBC -TBC section for the extension of Maryland Lane should provide a bike route to
provide separation between vehicles and bicyclist. The bikeway should not require
markings.
G. Public Transit
No locations for public transportation will be installed within the development.
IV. EMERGENCY SERVICE
Two emergency accesses to the subdivision are proposed using Cherry Hills Drive (37'
TBC -TBC) and Maryland Lane (49' TBC -TBC). These shall be paved roadways
constructed to City of Laurel standards. Additionally, there will be temporary cul-de-sacs
installed at the ends of each extension to provide adequate turnarounds for emergency
vehicles.
V. STORM DRAINAGE
All drainage improvements shall comply with the provisions of the Storm water
Management Manual, and a storm water management plan shall be submitted to and
approved by the MDEQ.
No existing treatment facilities exist on the property. A retention pond is proposed to
capture and treat stormwater from the subdivision as well as provide additional capacity
for future development of the parcel. No other improvements are proposed to existing
storm drain systems.
SIA -3
VI. UTILITIES
The SIA does not constitute an approval for extension of or connection to water mains and
sanitary sewers. The property owner shall make application for extension/connection of
water mains and sanitary sewers to the Public Works Department. The
extension/connection of/to water mains and sanitary sewers is subject to the approval of
the applications and the conditions of approval. Applications shall be submitted for
processing prior to the start of any construction and prior to review and approval of any
project plans and specifications. The appropriate water and wastewater hookup fees in
effect shall be submitted with the applications.
Fees shall be paid for the lots in in Cherry Hills 3rd Filing for the extension of services as
per the first paragraph above. The Developer/Owner acknowledges that the subdivision
shall be subject to the applicable System Development Fees in effect at the time new water
and/or sanitary sewer service connections are made. The design/installation of sanitary
sewers and appurtenances, and water mains and appurtenances (fire hydrants, etc.) shall be
in accordance with design standards, specifications, rules, regulations of and as approved
by the City of Laurel Public Works Department, Fire Department, the Montana
Department of Environmental Quality, and Montana Public Works Standard
Specifications.
A. Water
No unique water facilities are proposed for the subdivision. Water services are proposed to
be extended from the existing City of Laurel public water mains located in West Maryland
Lane and Cherry Hills Drive. An isolation valve will be required at the connection with
the water main in Cherry Hills Drive.
B. Sanitary Sewer
No unique sanitary sewer facilities are proposed for the subdivision. Sewer services shall
be extended from the existing City of Laurel public sewer mains.
C. Power, Telephone, Gas, and Cable Television
No public services are proposed within the public right-of-way. Power, telephone, gas,
and cable television services will be provided within 10 -foot -wide public utility easements
along lot frontages to proposed rights-of-way.
VII. PARKS/OPEN SPACE .
The developer is proposing a cash -in -lieu payment of $10,000 as a substitution for
parks/open space and shall be paid concurrently with Final Platting or as required by the
City of Laurel.
SIA -4
VIII. IRRIGATION
No irrigation districts are proposed to be affected by the development. No existing
easements exist for ditches within the property. Irrigation ditches (if encountered) shall be
undisturbed during construction if possible or piped using culverts. If piping is proposed,
those ditches will be evaluated to maintain the required capacity. Stoma water best
management practices shall be implemented to prevent impacts from construction runoff as
applicable.
IX. SOILS/GEOTECHNICAL STUDY
Based on a geotechnical investigation, some clays with potential expansive properties were
discovered. Soils were generally soft and could require subgrade stabilization to provide
adequate bearing capacity for utility installations. Conventional spread footings could be
used if following the geotechnical investigation's requirements for over excavation, import
of structural fill, etc. Water table was not encountered during the exploration up to depths
of 18 feet.
Construction is not prevented but should incorporate structural fill recommendations as
provided in the recommendations within the geotechnical report. Further investigation at
specific lots or home sites could provide additional guidance on construction methods.
X. FINANCIAL GUARANTEES
Except as otherwise provided, Subdivider shall install and construct said required
improvements with cash or by utilizing the mechanics of a special improvement district or
private contracts secured by letters of credit or a letter of commitment to lend funds from a
commercial lender. All engineering and legal work in connection with such improvements
shall be paid by the contracting parties pursuant to said special improvement district or
private contract, and the improvements shall be installed as approved by the Public Works
and Public Utilities Department. At this time, no financial guarantees are anticipated for
required infrastructure.
XI. LEGAL PROVISIONS
A. Subdivider agrees to guarantee all public improvements for a period of one year from
the date of final acceptance by the AGB.
B. The owners of the properties involved in this proposed Subdivision by signature
subscribed herein below agree, consent, and shall be bound by the provisions of this
Agreement.
C. The covenants, agreements, and all statements in this Agreement apply to and shall be
binding on the heirs, personal representatives, successors and assigns of the respective
parties.
SIA -5
D. In the event it becomes necessary for either party to this Agreement to retain an
attorney to enforce any of the terms or conditions of this Agreement or to give any notice
required herein, then the prevailing party or the parry giving notice shall be entitled to
reasonable attorney fees and costs.
E. Any amendments or modifications of this Agreement or any provisions herein shall be
made in writing and executed in the same manner as this original document and shall after
execution become a part of this Agreement.
F. Subdivider shall comply with all applicable federal, state, and local statutes,
ordinances, and administrative regulations during the performance and discharge of its
obligations. Subdivider acknowledges and agrees that nothing contained herein shall
relieve or exempt it from such compliance.
SIA -6
IN WITNESS WHEREOF, the parties have executed this Agreement as of the _ day
of 20_
"SUBDIVIDER" WESTERN HOLDINGS, LLC
STATE OF MONTANA
:ss
County of Yellowstone
M
Title:
On this_ day of 20_, before me, a Notary Public in
and for the State of Montana, personally appeared known to
me to be the person who signed the foregoing instrument as of
(Name of Subdivider), and who acknowledged to me that said Subdivider executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial
Seal the day and year hereinabove written.
Notary Public in and for the State of Montana
Printed name:
Residing at:
My commission expires:
SIA -7
This Agreement is hereby approved and accepted by City of Laurel, this oo
ZZ day of
"CITY"
STATE OF MONTANA
I*X7
County of Yellowstone
CITY OF LAUREL, MONTANA
By:
Mayor
Attest:
lerk
On this .2. day of 9(.4-q Cd+ 20 u before me, a Notary Public for
the State of Montana, personally appeareda�4c h.er , and
Kr -l&( SFr a cVna known to me t& be the Mayor and City Clerk,
respectively, of the City of Laurel, Montana, whose names are subscribed to the foregoing
instrument in such capacity and acknowledged to me that they executed the same on behalf
of the City of Laurel, Montana.
HAT AMBER NATTON
`��°T�`¢
NOTA" PLI8 for Bb
&IetadMomana
*: SEAL��
Raldbgallaurel,MoMana
9.OF.M°�p
~ MLay EB 1n3a
Approved as to Form:
City Attorney
AA L-Ar-AA4,—
Notary Public in and for the State of Montana
Printed name: Avin Ger ktcuhd ti
Residing at: 1 -"ret IY( T
My commission expires: N1ac.1 3 202L
SIA -8
■s Morrison
i Maierle
engineers • surveyors • planners. scientists
June 29, 2022
City Planner
City of Laurel
PO Box 10
115 West First Street
Laurel, MT 59044-0010
2880 TECHNOLOGY BLVD. W. • P.O. BOX 1113 • BOZEMAN, MT59771
406.587.0721 • www.m-m.net
Re: Cherry Hills Subdivision — 31d Filing
Estimate of Probable Construction Costs
Attached please find our estimate of probable construction costs for the Cherry Hills Subdivision
— 31d Filing.
If you have any questions or comments about the project, please feel free to contact me at (406)
922-6735 or moaonon aa)m-m.net. Thank you.
Sincerely,
Morrison
Maierle
mgin«n •sun<yon • planner • inemb+s
Martin E. Gagnon, P.E.
Senior Land Development Engineer
cc: MMI File 6683.001
We create solutions that build better communities.
AN EMPLOYEE -OWNED COMPANY • AN EQUAL OPPORTUNITY EMPLOYER— MINORITIES / FEMALES /DISABLED /VETERANS
E0 Morrison
Maierle
englnnn•wrvay4n:pitlnnfn•,Ytlmilxif
Cherry Hills Subdivision 3rd Filing
Construction Cost Estimate
Item;
vI5�nd3. � ,�
4»
r�fe"iti'h'h�:£ �f .�Yii{!A
I n t�x
.fie.
''�
i
atia
101
Mobilization
LS 1
1
$19,883.821
$19,883.82
102
SWPPP Install & Removal
I LS 1
1
$3,485.111
$3,485.11
Subtotal
$23,368.93
0 l Wafer,Tin
201
6" Water Main
LF
120
$26.46
$3,175.2
202
8" Water Main
LF
1470
$36.77
$54,051.90
203
8"x8" Tee
EA
2
$727.59
$1,455.18
204
8"x6" Tee
EA
3
$672.29
$2,016.87
205
8"x12" Tee
EA
1
$979.06
$979.06
206
8" Bends
EA
6
$430.81
$2,584.86
207
8" Gate Valves
EA
12
$1,986.98
$23,843.7
208
12" Gate Valve
EA
1
$3,902.54
$3,902.54
209
8" Endca w/2" Blow Off
EA
1
$1,301.921
$1,301.92
210
Connect Existing Water Main
EA
3
$1,273.86
$3,821.5
211
Water Service Connections
EA
27
$635.74
$17,164.98
212
Reconnect Existing Water Service
EA
1
$974.05
$974.05
213
6" Fire Hydrant
EA
3
$6,008.10
$18,024.3
214
Utility Crossing
EA
6
$1281.30
$7687.80
215
Abondon or Remove Curb Stop and Service
EA
3
$385.58
$1,156.7
216
Trench Plus
EA
11
$6,002.35
$662025.85
Subtotal
$208,166.59
301
8" Sewer Main
LF
1286
$24.66
$31,712.7
302
48" Sewer Manhole
EA
10
$3,695.73
$36,957.3
303
Sewer Service Connections
EA
27
$725.02
$19,575.54
304
Connect Existing Sewer Main Manhole
EA
2
$1,473.63
$2,947.2
305
Remove Existing Sewer Line
LF
120
$8.24
$988.80
306
Abandon Existing Sewer Line
LF
80
$8.22
$657.60
307
Remove Sewer Manhole
EA
1
$494.32
$494.32
Subtotal
$93,333.58
0 Morrison
Maierle
Total Bonding Requirement (125%) $1,280,803.25
Eff 3h...,
-V
6 INN
k61
hit 'nee
x-I wo
Storm Drainage 1tuprovements ......
401
12" PVC Storm Sewer
LF
1103
$27.28
$30,089.84
402
15" PVC Storm Sewer
LF
184
$35.67
$6,563.28
403
18" PVC Storm Sewer
LF
83
$51.49
$4,273.67
404
30" PVC Storm Sewer
LF
485
$95.55
$46,341.75
405
30" Storm Sewer Cap
EA
1
$1,540.45
$1,540.4
406
36"x24" Storm Sewer Inlet
EA
8
$2965 63
725.04
407
48" Storm Sewer Comb. MH/Inlet
EA
14
$3,022.48
_$23
$42,314.7
408
72" Storm Sewer Manhole
EA
2
$4,836.48
$9,672.9
409 172"
Storm Sewer Comb. MH/Inlet
EA
2
$5,602.25
$11,204.50
410
72" Wet Well with Pump
EA
1
$24,187.3
$24,187.3
411
4" Storm Sewer Pert. Pipe
LF
760
$9.69
$7,364.40
412
4" Storm Sewer Discharge Pipe
LF
685
$15.30
$10,480.50
413
6" Storm Sewer Drainage Pipe to Wet Well
LF
90
$21.28
$1,915.20
414
12" Dry Utility Conduits with End Caps
LF
1395
$29.60
$41,292.0
415
Pond Grading
CY
2450
$4.05
$9,922.50
416
Infiltration Bed Rock, Fabric, Final Grading
TON
240
$54.26
$13,022.4
417
French Drain With Fabric (6x6x6)
LONi
121
$82.06
2 '1
$984.72
418 IS
plash Pad with Curb (12x6) I' Curb
Cy
$U417
$1,937.32
Subtotal
$286,832.57
Street Improvements
501
Tree Removal
EA
5
$636.32
$3,181.6
502
Clear, Grub, Debris Removal and Stockpile
CY
810
$2.06
$1,668.60.
503
Topsoil Stripping and Stockpiling
CY
3243
$3.03
$9,826.29
504
Fence Removal
LF
1450
$1.77
$2,566.50
505
Roadway Cut -In Excavation
CY
4725
$4.05
$19,136.25
506
Temp Culdesac Cut -In Excavation
CY
313
$4.05
$1,267.65
507
Roadways 12" Sub -Base Course
TON
4922
$12.73
$62,657.06
508
Roadways 6" Base Course
TON
3939
$9.27
$36,514.53
509
Temp Cold sac Aggregate
TON 1
5871
$27.41
$16,089.67
510
Valley Gutter
LF 1
6301
$27.33
$17,217.90
511
Curb and Gutter
LF
2L!
$2733
2 31
279
$97,950.72
512
Asphalt Paving
SF
6895f—
$
$121,352.00
513
Signs and Posts
E—A
41
$459.291
$1,837.1
514
Sidewalk
SF
15001
$14.45
$21675.00
Subtotal
$412,940.93
Total Construction Estimate
$1,024,642.60
Total Bonding Requirement (125%) $1,280,803.25
RESOLUTION NO. R21-101
A RESOLUTION TO APPROVE THE PREIZMARY PLAT OF CHERRY HILLS
SUBDIVISION, THIRD FILING, AN ADDITION TO THE CITY OF LAUREL
SUBJECT TO CONDITIONS
WHEREAS, an application has been made to the City of Laurel for approval of the
preliminary plat of Cherry Hills Subdivision, Third Filing, An Addition to the City of Laurel;
and
WHEREAS, the Laurel -Yellowstone City -County Planning Board, as required by
Laurel's Subdivision Regulations for subdivision and annexation review, conducted a duly
advertised public hearing on August 18, 2021 at which no opposition was heard; and
WHEREAS, the Laurel -Yellowstone City -County Planning Board has recommended
approval of the Preliminary Plat subject to sixteen conditions to the City Council as contained in
the attached Staff Report dated August 25, 2021; and
WHEREAS, the City Council held a duly noticed. public hearing regarding the
preliminary plat application on September 14, 2021 where both proponents and opponents were
provided an opportunity to provide testimony and/or evidence for the record; and
WHEREAS, based on the public hearing and all evidence presented and existing in the
City File, the City Council of the City of Laurel has determined that it is in the best interest of
the City and the inhabitants thereof, that the application for preliminary plat should be approved
subject to the conditions recommended by the Planning Board.
NOW THEREFORE BE IT RESOLVED, the City Council hereby approves the
preliminary plat for Cherry Hills Subdivision, Third Filing, An Addition to the City of Laurel,
subject to the fifteen conditions contained in the Staff Report dated August 25, 2021, which is
attached hereto and incorporated herein as part of this resolution.
Introduced at a regular meeting of the City Council on September 14, 2021, by Council
Member McGee.
PASSED and APPROVED by the City Council of the City of Laurel, Montana this 10
day of September 2021.
APPROVED BY THE MAYOR this 14'h day of September 2021.
CITY OF LAUREL:
l ���
Thomas A. Nelson, Mayor
R21-101 Approve Preliminary Plat Cherry Hills Subdivision 3rd
LAUREL CITY -COUNTY PLANNING DEPARTMENT
STAFF REPORT
TO: Laurel City -County Planning Board
FROM: Nicholas Altonaga, Planning Director
RE: Annexation and Preliminary Plat of the Cherry Hills Subdivision, 31d Filing
DATE: August 25, 2021
Morrison-Maierle has submitted an annexation application and preliminary plat application for
the Cherry Hills Subdivision, 31 Filing on behalf of the property owner/developer. The proposed
Cherry Hills Subdivision 31d Filing is a 28 -lot residential subdivision located on property west of
Cherry Hills Drive and W. Maryland Lane in north-west Laurel. Approval of annexation and zone
change would bring 9.37 acres of land into the City of Laurel and enable the proposed Cherry
Hills Subdivision, 3rd Filing to connect to the City water, wastewater, and street system.
Owner:
Goldberg Investments LLP
Legal Description:
508, T02 S, R24 E, C.O.S. 3034, PARCEL 1, IN N2 (01)
Address:
Approximately 1850 East 8t^ Street
Parcel Size:
9.37 acres
Existing Land Use:
Agricultural, vacant.
Proposed Land Use:
Residential Subdivision
Existing Zoning:
Residential Tracts
Proposed Zoning:
Residential 7500 (R-7500)
• December 18, 2021— Morrison-Maierle submit documents for annexation and
subdivision pre -application meeting.
• January 7, 2021- Pre -Application meeting with Morrison-Maierle and City Staff
• January 12, 2021—Staff transmitted Pre -Application meeting summary letter to
Morrison-Maierle staff.
• May 25, 2021— Cherry Hills Subdivision, 31d Filing Annexation application and
preliminary plat application submitted to the City.
u June 11, 2021— Laurel Planning Department transmitted the Element Review letter to
Morrison-Maierle. All elements required by LMC Chapter 16, Appendix F were present in
the application.
® July 8, 2021— Laurel Planning Department transmitted the Sufficiency Review letter to
Morrison-Maierle. All elements required by LMC Chapter 16, Appendix F were deemed
sufficient to move the application forward. Certain comments were noted by the
Planning Director from city various departments.
m August 18, 2021— A Public Hearing was held at Planning Board. The Planning Board
recommended the approval of the Annexation and Preliminary plat approval of the
Cherry hills Subdivision, 3rd filing with the presented staff conditions.
o September 14, 2021— Public hearing scheduled at City Council to review the annexation
application and preliminary plat application to approve, conditionally approve, or deny
the applications.
1. Applicant has submitted an application for annexation and preliminary plat containing
all the necessary components needed for both to move forward.
2. Applicant has provided additional details of subdivision plans and documents where
necessary.
3. Applicant has worked with multiple city departments to determine effectiveness of the
proposed utilities for the property.
4. Applicant has provided updated documents whenever required by City departments.
5. City staff determined that the applications for annexation and preliminary plat were
sufficient to move forward to Planning Board and City Council.
6.. City staff have found only minor issues with the applications that require conditions of
approval prior to the final plat approval stage.
7. The public noticing requirements of LMC 16.03.030 have been met.
LMC Chapter 16.03.040 - Staff and Agency Review:
A. Review Procedure Schedule. Upon receipt of a complete and sufficient major preliminary
plat application, the planning director or designee shall schedule the plat before the city -
county planning board.
B. Submittal Distribution. Planning staff shall distribute the application to all affected city and
county departments, local, state, and federal agencies, school districts and public utilities for
review as appropriate and indicate the review timeframe. Failure of any agency to complete
a review of a plat will not be the basis for denial of the plat by the AGB.
C. Plat Review. The planner shall review the major subdivision plat submittal and make a staff
report of issues, concerns, conditions, or recommendations and send out the list to the
planning board members with the agenda of the meeting at which the plat is to reviewed; a
copy must also be sent to the subdivider or his representative.
D. Hearing Notice. The planning board shall hold a public hearing on all major and applicable
subsequent minor preliminary plat applications, placing a notice in a newspaper of general
circulation in Laurel not less than fifteen days prior to the date of a public hearing. The
planner shall also notify the subdivider and each property owner of record, and each
purchaser under contract for deed of record of property immediately adjoining land included
in the plat and located within three hundred feet of the proposed subdivision by certified
mail not less than fifteen days prior to the date of hearing (MCA § 76-3-605(3)).
E. Planner's Report. The planner shall prepare a draft findings of fact (the effect on agriculture,
agricultural water user facilities, local services, the natural environment, wildlife and wildlife
habitat, and public health and safety as per MCA § 76-3-608(3)(a)) for review bythe planning
board. The planner shall also forward the recommendation of the planning board to the AGB
including basis for such recommendation and its compliance with adopted Growth
Management Plan, the Bike/Ped Plan, and other adopted city and county plans and policies
in writing no later than ten days after the public hearing (MCA § 76-3-605(4)).
F. Subsequent Hearing. Before acting on the subdivision application, the AGB shall determine
whether, subsequent to the public hearing, new information has become available or
information that the public has not had a reasonable opportunity to examine. If so, the AGB
may act on the subdivision application in accordance with this chapter or schedule a
subsequent public hearing for consideration of only the new information that may have an
impact on the findings and conclusions that the AGB will rely upon in making its decision on
the proposed subdivision. The AGB may chose to hold the subsequent public hearing or may
direct the planning board to hold it. in either case, the subsequent public hearing shall be
held at the next scheduled meeting for which proper notice for the public hearing on the
subdivision application can be provided.
If a subsequent hearing is held, the sixty- or eighty -day working day review period is suspended,
and the new hearing must be noticed and held within forty-five days of the AGB's
determination to hold a subsequent public hearing. The sixty- or eighty- working day review
period will resume from the date of the subsequent public hearing. The governing body may
not consider any information that is presented after the subsequent hearing (MCA § 76-3-615).
G. Subdivider's Preference. The AGB shall give due weight and consideration to the
subdivider's expressed preferences if the AGB requires mitigation of significant adverse impacts
(MCA § 76-3-608(5)(b)).
In reviewing a subdivision and when requiring mitigation, the AGB may not unreasonably
restrict a landowner's ability to develop land, but it is recognized that in some instances the
unmitigated impacts of a proposed development may be unacceptable and will preclude
approval of the plat (MCA §76-3-608(5)(a)).
The AGB shall send the subdivider written notice of its decision and the reason therefore. (MCA
§ 76-3-608(4)).
The Planning Director recommends approval for the Annexation and Zone Change of the
proposed Cherry Hills Subdivision, 31 Filing to Residential R-7500 with the following conditions.
1. The Annexation Agreement, Waiver of Right to Protest, and the City Council Resolution
approving annexation shall be filed with the Yellowstone County Clerk & Recorder
within 90 -days of annexation approval.
2. All construction and installation of public improvements must conform to the standards
of the Laurel Department of Public Works and Montana Public Works standards.
3. All construction and installation of public improvements must be completed within two
years of annexation.
4. If the public improvements are not constructed at the time of annexation, the property
owner shall provide the city a bond or letter of credit that equals 125% of the estimated
engineering costs for the construction of improvements. If the property owner fails to
construct the improvements or to obtain the agreed upon engineering, the city shall
utilize the bond or letter of credit to pay for the construction, including engineering; In
accordance with GASB -34, the Developer of Landowner shall provide the city the total
cost and/or value of the improvements including, but not limited to, parks, sidewalks,
curb and gutter, lift stations, and sewer and water lines, that are conveyed to the city.
The Planning Director recommends that the Planning Board approve the preliminary plat for
the Cherry Hills Subdivision 31d Filing with the following conditions:
1. Preliminary Plat shall be updated with the comments noted in the Sufficiency letter
dated July 8, 2021 prior to recording.
2. Subdivision Improvement Agreement shall be updated with the notes from the
Sufficiency letter dated July 8, 2021, and the annotated SIA provided to the applicant
prior to recording.
3. The Preliminary Plat and supporting water and wastewater design will be approved by
Montana Department of Environmental Quality (MDEQ).
4. The Preliminary Plat, Subdivision Improvements Agreement, and City Council Resolution
granting approval shall be filed with the Yellowstone County Clerk & Recorder within 90 -
days of preliminary plat approval.
5. The Roadways and Right -of -Ways shall be constructed to the specifications presented in
the plat plan and supporting documentation.
6. This Preliminary Approval shall be valid for 3 calendar years.
7. Hydrant flow tests must be approved by the City and its contracted engineer.
8. Verification must be provided to the City for the water modelling noted by the engineer
in the field
9. Water model exhibits must be provided to and approved by the City showing the system
characteristics and modeled properties compared to measured properties
10. Wastewater/Sewer analysis must be provided to and approved by the City.
11. A map of pre -developed stormwater conditions Including the boundary, routing, and
calculations must be provided to and approved by the City.
12. Water quality storm volumes and calculation sheets shall be provided to the City.
13. Confirmation is provided that the developer is willing to take on the liability of the
recommendations of the Geotechnical Report dated 2006.
14. The conditions of the Geotechnical report shall be followed during the construction of
the public infrastructure.
15. A Weed Management Plan shall be prepared for the project and approved by the
Yellowstone County Weed District.
f
Annexation and Zone Change:
1. Annexation Application cover Letter
2. Annexation Application Form
3. Annexation Agreement
4. Waiver of Right to Protest
Cherry Hills Subdivision. 31 Filing:
1. Cover Sheet
2. Preliminary Plat Application
3. Adjacent Property owners list
4. Draft Subdivision Improvements Agreement
5. Environmental Assessment
6. Traffic Impact Study
7. Lot Layout
8. Geotechnical Report
9. Subdivision Bylaws
10. Homeowners Association Bylaw
11. ROW Easement documents
12. LMC 16.03—Subdivision Review Procedures
13. LMC 16.04— Development Requirements
14. Element Review letter- Cherry Hills Subdivision, 31 Filing (June 11, 2021)
15. Sufficiency Review letter— Cherry Hills Subdivision, 3rd Filing (July 8, 2021)
16. KU. Inc Preliminary Plat Review Comments letter (July 6, 2021)
VICINITY MAP
Is�Y�.aia'neN
FINAL PLAT
CHERRY HILLS SUBDIVISION - 3P -D FILING
TRACT I OF CERTIFICATE OF SURVEY No. 3034,
SITUATED IN THE NORTH ONE HALF OF SECTION 8, TOWNSHIP 2 SOUTH, RANGE 24 EAST,
PRINCIPAL MERIDIAN, YELLOWSTONE COUNTY, MONTANA.
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FINALPLAT
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CHERRY HILLS SUBDIVISION - 3RD FILING
TRACT I OF CERTIFICATE OF SURVEY No. 3034,
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SITUATED IN THE NORTH ONE HALF OF SECTION 8, TOWNSHIP 2 SOUTH, RANGE 24 EAST,
PRINCIPAL MERIDIAN, YELLOWSTONE COUNTY, MONTANA.
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City of Laurel Planning Department
116 West First Street
Laurel, Montana 59044
Phone: (406)6284796
ROUTING/COMMENT REQUEST FORM
Attached are a plat and documents submitted to our office for review and comment. Please review these documents ai
forward it to the next department. Comments can be made in the project text section for this project. For further
information contact Kurt Markesard,at 628-4796 ext. 5305 or via a -mail at kmarkeaardnlanrel.mt.nnv
Tract 1 of Certificate of Survey No. 3034 Cherry Hills Subdivision 311 Filing City of Laurel
Status Type of Subdivision/Survey Gross Acreage
Check Print Final Plat Check priiit 9.39 Acres
Applicant Phone Surve or/En ineer Phone
Western Holdings LLC 406-628-4796 ext. 5305 Morrison Maierle 406-922-6735
(Planning)
Attachments
® Checkprint (1X)
Planning Department
Reviewed B
Date R/CDate
out
Kurt Markcgar /Fon
Sanders n,
June 22, 2022
20 2
Comments: Annexation to City of Laurel a '
mg rights of way
Laurel City Attorney
1 49 4 Reviett d By:
Date R/C
Date Out
e
'zz
Comments:
Riverstone Health
Reviewed By
Date R/C
Date Out
Comments:
County Treasurer
Reviewed B Date R/C 4P
Date Out
Comments:
Reviewed By
Date RIC
Date Out
NA
NA
NA
NA
Comments:
GIS De artment
Reviewed By
Date R/C Date Out
Comments:
Reviewed By
Datc R/C
Date Out
NA
Comments:
Clerk and Recorder-7Reviewed
By
Date R/C ? rp
Date Out7/y
Comments:
City of Laurel Routing Form
0
Comments For Cherry Hills Sub 3rd Fil from YC GIS Department (7/1/22):
1. Road names are not correct.
a. Maryland Ln needs to be corrected to W. Maryland Ln:
b. We will not accept "Heather Dr" as that is already being used in the county. Please
visit this website
https://www.yellowstonecou ntymt.gov/mapping/Roa dnames/road n a mes. asp
for all names that are being used. The new road name must be unique and not
sound like another road name that is on the list.
2. 1 don't believe that there is an actual road easement for W. Maryland Ln going all the
way to the Big Ditch. If there is, please provide document numbers.
3. A few things need to happen first before this plat goes through:
a. If this is getting annexed that needs to go through first or else this is still in the
county and all county departments should look at it.
b. The current zoning is R200. Not sure what the restrictions are for that, but the plat
mentions R7500. A zone change needs to happen first, whether if that is tied to the
annexation or not.
4. 1 don't think it is a good idea to leave a remainder piece of land (in this case CS 3034
TR 1). It would be better to just survey that whole area and call the remainder Block 4
Lot 5 or something like that.
5. It has been discussed that there needs to be a plan in place to deal with the inevitable
meetup of W. Maryland and NW Maryland Ln, when there is a W. Maryland Ln. just to
the south of NW Maryland Ln. before this plat becomes,finalized.
6. 1 would suggest keeping the flow of the blocks and lots with Cherry Hills 2nd Fil, ex. Block
5 lot 1-6 would be Block 15 lots 12-17 and would go the other way to keep with the flow
and so on and so forth. That way, in all the Cherry Hills complex (all the filings), there is
no duplicate block numbers.
July 8, 2022 (Clerk and Recorder)
Reviewed the check print for Cherry Hills Subdivision, 3rd Filing, prepared by Morrison Maierle. The purpose of
the plat is to create a major subdivision. Western Holdings Company, LLC owns the tract that will be subdivided.
There are several items that will need to be addressed before a final plat can be submitted.
1. Remove "Final Plat" reference from title block. '/ section needs to be identified in the title block.
2. Remove both Clerk and Recorder and City Engineering title blocks from face of plat.
3. An SIA, title report, or necessary consent documents don't accompany the check print. All will need to be
completed and submitted with the final plat.
4. A signature block needs to be added for Western Holdings Company, LLC. The signature line and the
notary block will need to include the title or authorized capacity of the person signing.
5. There is a signature block for Gerald A. and Ardis M. Neun ann. It isn't clear if they have interest in the
property. if not, remove signature block.
6. GIS has made several comments that will need to be addressed prior to submittal.
7. A review of the SIA is advised before submittal.
8. All assessed taxes will need to be paid in full at the time of filing.
(Laurel — Cherry Hills)