HomeMy WebLinkAboutCity Council Packet 06.11.2024
AGENDA
CITY OF LAUREL
CITY COUNCIL MEETING
TUESDAY, JUNE 11, 2024
6:30 PM
COUNCIL CHAMBERS
WELCOME . . . By your presence in the City Council Chambers, you are participating in the process of representative
government. To encourage that participation, the City Council has specified times for citizen comments on its agenda -- once
following the Consent Agenda, at which time citizens may address the Council concerning any brief community announcement
not to exceed one minute in duration for any speaker; and again following Items Removed from the Consent Agenda, at which
time citizens may address the Council on any matter of City business that is not on tonight’s agenda. Each speaker will be
limited to three minutes, unless the time limit is extended by the Mayor with the consent of the Council. Citizens may also
comment on any item removed from the consent agenda prior to council action, with each speaker limited to three minutes,
unless the time limit is extended by the Mayor with the consent of the Council. If a citizen would like to comment on an age nda
item, we ask that you wait until the agenda item is presented to the Council by the Mayor and the public is asked to comment
by the Mayor.
Any person who has any question concerning any agenda item may call the City Clerk -Treasurer's office to make an inquiry
concerning the nature of the item described on the agenda. Your City government welcomes your interest and hopes you will
attend the Laurel City Council meetings often.
Pledge of Allegiance
Roll Call of the Council
Approval of Minutes
1. Approval of Minutes of May 28, 2024.
Correspondence
2. Resignation from Library Board - Lela Schlitz
3. Police Monthly Report - May 2024
4. Fire Monthly Report - May 2024.
5. City/County Planning Board Reappointment - Judy Goldsby
Council Disclosure of Ex Parte Communications
Public Hearing
6. Public Hearing: A Resolution Of The City Council For Annexation Of Property Legally
Described As A Portion Of Lot 7a-1, Of The Amended Plat Of Tracts 6a And 7a, Of The
Amended Plat Of Tracts 6 And 7, Of Westbrooks Subdivision, Yellowstone County, Montana,
According To The Official Plat On File In The Office Of The Clerk And Recorder Of Said
County, Under Document No. 1684287. Excepting Therefrom That Portion Granted Unto The
State Of Montana By Virtue Of Bargain And Sale Deed Recorded January 25, 1965, Book 807,
Under Document No. 747048; And Excepting Therefrom That Portion Granted Unto The
Montana Department Of Transportation By Virtue Of Bargain And Sale Deeds Recorded
September 13, 2017 Under Document No. 3827294 And 3827295; And Excepting Therefrom
That Portion Granted Unto The Montana Department Of Transportation By Virtue Of Warranty
Deeds Recorded September 13, 2017 Under Document No. 3827296 And 3827297. Adjacent
To The City Of Laurel, As An Addition To The City Of Laurel, Yellowstone County, Montana,
With Concurrent Approval Of Zoning Designation Upon Annexation Of The Property.
Consent Items
NOTICE TO THE PUBLIC
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The Consent Calendar adopting the printed Recommended Council Action will be enacted with one vote. The Mayor will
first ask the Council members if any Council member wishes to remove any item from the Consent Calendar for
discussion and consideration. The matters removed from the Consent Calendar will be considered individually at the end of
this Agenda under "Items Removed from the Consent Calendar." (See Section 12.) The entire Consent Calendar, with the
exception of items removed to be discussed under "Items Removed from the Consent Calendar," is then voted upon by roll
call under one motion.
7. Claims entered through June 7, 2024.
8. Approval of Payroll Register for PPE 5/26/2024 totaling $205,606.34.
9. Council Workshop Minutes of June 4, 2024.
Ceremonial Calendar
Reports of Boards and Commissions
10. Budget/Finance Committee Minutes of May 28, 2024.
11. Tree Board Minutes of May 9, 2024.
Audience Participation (Three-Minute Limit)
Citizens may address the Council regarding any item of City business that is not on tonight’s agenda. Comments regarding
tonight’s agenda items will be accepted under Scheduled Matters. The duration for an individual speaking under Audience
Participation is limited to three minutes. While all comments are welcome , the Council will not take action on any item not
on the agenda.
Scheduled Matters
12. Appointment of James Wise to the Laurel Airport Authority for a five-year term ending June
30, 2029.
13. Appointment of Tom Canape to the Cemetery Commission for a two-year term ending June 30,
2026.
14. Appointment of Wallace Hall to the Cemetery Commission for a two-year term ending June 30,
2026.
15. Appointment of Steven Hurd to the Cemetery Commission for a two-year term ending June 30,
2026.
16. Appointment of Mardie Spalinger to Laurel Urban Renewal Agency for the remainder of a
four-year term ending December 31, 2027.
17. Appointment of Richard Klose to the City/County Planning Board for a two-year term ending
June 30, 2026.
18. Resolution No. R24-43: A Resolution Of The City Council For Annexation Of Property
Legally Described As A Portion Of Lot 7a-1, Of The Amended Plat Of Tracts 6a And 7a, Of
The Amended Plat Of Tracts 6 And 7, Of Westbrooks Subdivision, Yellowstone County,
Montana, According To The Official Plat On File In The Office Of The Clerk And Recorder Of
Said County, Under Document No. 1684287. Excepting Therefrom That Portion Granted Unto
The State Of Montana By Virtue Of Bargain And Sale Deed Recorded January 25, 1965, Book
807, Under Document No. 747048; And Excepting Therefrom That Portion Granted Unto The
Montana Department Of Transportation By Virtue Of Bargain And Sale Deeds Recorded
September 13, 2017 Under Document No. 3827294 And 3827295; And Excepting Therefrom
That Portion Granted Unto The Montana Department Of Transportation By Virtue Of Warranty
Deeds Recorded September 13, 2017 Under Document No. 3827296 And 3827297. Adjacent
To The City Of Laurel, As An Addition To The City Of Laurel, Yellowstone County, Montana,
With Concurrent Approval Of Zoning Designation Upon Annexation Of The Property.
Items Removed From the Consent Agenda
Community Announcements (One-Minute Limit)
This portion of the meeting is to provide an opportunity for citizens to address the Council regarding community
announcements. The duration for an individual speaking under Community Announcements is limited to one minute. While
all comments are welcome, the Council will not take action on any item not on the agenda.
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Council Discussion
Council members may give the City Council a brief report regarding committees or groups in which they are involved.
Mayor Updates
Unscheduled Matters
Adjournment
The City makes reasonable accommodations for any known disability that may interfere with a person’s ability to participate
in this meeting. Persons needing accommodation must notify the City Clerk’s Office to make needed arrangements. To mak e
your request known, please call 406-628-7431, Ext. 2, or write to City Clerk, PO Box 10, Laurel, MT 59044, or present your
request at City Hall, 115 West First Street, Laurel, Montana.
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File Attachments for Item:
1. Approval of Minutes of May 28, 2024.
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File Attachments for Item:
2. Resignation from Library Board - Lela Schlitz
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File Attachments for Item:
3. Police Monthly Report - May 2024
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Page 1 of 5
Total Calls Printed on June 2, 2024
[CFS Date/Time] is between '2024-05-01 00:00:00' and '2024-05-31 23:59:59' and
[Primary Incident Code->Code : Description] All
Code : Description
Totals
10-15 : With Prisoner 0 0
: Abandoned Vehicle 17 17
: Agency Assist 38 38
: Alarm - Burglary 17 17
: Alarm - Fire 6 6
AMB : Ambulance 92 92
: Animal Complaint 7 7
: Area Check 3 3
: Assault 3 3
: Bad Checks 0 0
: Barking Dog 8 8
: Bomb Threat 0 0
: Burglary 1 1
: Child Abuse/Neglect 1 1
: Civil Complaint 16 16
: Code Enforcment Violation 18 18
: Community Integrated Health 22 22
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Page 2 of 5
Code : Description
Totals
: Counterfeiting 1 1
: Criminal Mischief 12 12
: Criminal Trespass 3 3
: Cruelty to Animals 6 6
: Curfew Violation 4 4
: Discharge Firearm 1 1
: Disorderly Conduct 2 2
: Dog at Large 29 29
: Dog Bite 1 1
DUI : DUI Driver 7 7
: Duplicate Call 2 2
: Escape 0 0
: Family Disturbance 9 9
: Fight 1 1
FIRE : Fire or Smoke 12 12
: Fireworks 1 1
: Forgery 0 0
: Found Property 9 9
: Fraud 2 2
: Harassment 5 5
: Hit & Run 5 5
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Page 3 of 5
Code : Description
Totals
: Identity Theft 1 1
: Indecent Exposure 0 0
: Insecure Premises 0 0
: Intoxicated Pedestrian 4 4
: Kidnapping 0 0
: Littering 0 0
: Loitering 1 1
: Lost or Stray Animal 8 8
: Lost Property 3 3
: Mental Health 3 3
: Missing Person 2 2
: Noise Complaint 2 2
: Open Container 0 0
: Order of Protection Violation 1 1
: Parking Complaint 15 15
: Possession of Alcohol 0 0
: Possession of Drugs 0 0
: Possession of Tobacco 1 1
: Privacy in Communications 0 0
: Prowler 2 2
: Public Assist 47 47
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Page 4 of 5
Code : Description
Totals
: Public Safety Complaint 6 6
: Public Works Call 6 6
: Report Not Needed 2 2
: Robbery 0 0
: Runaway Juvenile 4 4
: Sexual Assault 2 2
: Suicide 1 1
: Suicide - Attempt 1 1
: Suicide - Threat 3 3
: Suspicious Activity 71 71
: Suspicious Person 21 21
: Theft 23 23
: Threats 4 4
: Tow Call 0 0
: Traffic Accident 20 20
: Traffic Hazard 7 7
: Traffic Incident 31 31
: TRO Violation 0 0
: Truancy 0 0
T/S : Traffic Stop 67 67
: Unattended Death 0 0
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Page 5 of 5
Code : Description
Totals
: Unknown - Converted 0 0
: Unlawful Transactions w/Minors 0 0
: Unlawful Use of Motor Vehicle 0 0
: Vicious Dog 1 1
: Warrant 18 18
: Welfare Check 13 13
Totals 752 752
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File Attachments for Item:
4. Fire Monthly Report - May 2024.
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No of Calls No of Hours
2
4
Extrications 14
Other Rescues 1
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Public Assist 8
Medical Assist.3
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Fire Prevention
Total Training
Total Maintenance
Total 394
Announcements:
Working on getting New City Pumper, preparing for wildland season.
Alarms
Wildland Fires
Report for the Month of
Structure Fires
Severity Staffing
Major Calls
Several MVAs
Total Hours Staffed
N/A
Laurel Fire Department
Community Service
May-24
Ambulance Driver
Structure Firefighting
Conduct all levels of Structure Firefighting to include entry and attack, ventilation, salvage, overhaul, and investigation.
A structure fire is a fire involving the structural components of various types of residential, commercial or industrial
buildings.
Wildland Firefighting
Wildfire,brush fire, bush fire, desert fire, forest fire, grass fire, hill fire, peat fire, vegetation fire.
Extrications
Rescue victims entrapped in automobiles, machinery, farm equipment, buildings, and trenches.
Other Rescues
Rope Rescue, Water Rescue, Ice Rescue
Alarms
Any false alarms or malfunctions.
Other Calls
EMS assist, Industrial or Aircraft firefighting, Vehicle Fire, Hazmat, Spills, Public safety, Investigations, gas leaks, Carbon
Monoxide problems, etc.
Severity Staffing-Montana DNRC pays up to 8 firefighters to staff the station each day and respond as a Task Force to
wildland fires within Yellowstone, Stillwater and Carbon Counties. They can also be called up to respond to fires
anywhere in the Southern Zone areas. The 2 State owned type 5 wildland engines assigned to Laurel is used. This as
proved to be beneficial to Laurel as means for quick responses to all incidents.
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File Attachments for Item:
5. City/County Planning Board Reappointment - Judy Goldsby
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File Attachments for Item:
10. Budget/Finance Committee Minutes of May 28, 2024.
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File Attachments for Item:
11. Tree Board Minutes of May 9, 2024.
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File Attachments for Item:
12. Appointment of James Wise to the Laurel Airport Authority for a five-year term ending June
30, 2029.
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File Attachments for Item:
13. Appointment of Tom Canape to the Cemetery Commission for a two-year term ending June
30, 2026.
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File Attachments for Item:
14. Appointment of Wallace Hall to the Cemetery Commission for a two-year term ending June
30, 2026.
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File Attachments for Item:
15. Appointment of Steven Hurd to the Cemetery Commission for a two-year term ending June
30, 2026.
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File Attachments for Item:
16. Appointment of Mardie Spalinger to Laurel Urban Renewal Agency for the remainder of a
four-year term ending December 31, 2027.
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File Attachments for Item:
17. Appointment of Richard Klose to the City/County Planning Board for a two-year term
ending June 30, 2026.
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File Attachments for Item:
18. Resolution No. R24-43: A Resolution Of The City Council For Annexation Of Property
Legally Described As A Portion Of Lot 7a-1, Of The Amended Plat Of Tracts 6a And 7a, Of The
Amended Plat Of Tracts 6 And 7, Of Westbrooks Subdivision, Yellowstone County, Montana,
According To The Official Plat On File In The Office Of The Clerk And Recorder Of Said
County, Under Document No. 1684287. Excepting Therefrom That Portion Granted Unto The
State Of Montana By Virtue Of Bargain And Sale Deed Recorded January 25, 1965, Book 807,
Under Document No. 747048; And Excepting Therefrom That Portion Granted Unto The
Montana Department Of Transportation By Virtue Of Bargain And Sale Deeds Recorded
September 13, 2017 Under Document No. 3827294 And 3827295; And Excepting Therefrom
That Portion Granted Unto The Montana Department Of Transportation By Virtue Of Warranty
Deeds Recorded September 13, 2017 Under Document No. 3827296 And 3827297. Adjacent To
The City Of Laurel, As An Addition To The City Of Laurel, Yellowstone County, Montana,
With Concurrent Approval Of Zoning Designation Upon Annexation Of The Property.
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R24-43 Annexation of Love’s
RESOLUTION NO. R24-43
A RESOLUTION OF THE CITY COUNCIL FOR ANNEXATION OF PROPERTY
LEGALLY DESCRIBED AS A PORTION OF LOT 7A-1, OF THE AMENDED PLAT
OF TRACTS 6A AND 7A, OF THE AMENDED PLAT OF TRACTS 6 AND 7, OF
WESTBROOKS SUBDIVISION, YELLOWSTONE COUNTY, MONTANA,
ACCORDING TO THE OFFICIAL PLAT ON FILE IN THE OFFICE OF THE
CLERK AND RECORDER OF SAID COUNTY, UNDER DOCUMENT NO. 1684287.
EXCEPTING THEREFROM THAT PORTION GRANTED UNTO THE STATE OF
MONTANA BY VIRTUE OF BARGAIN AND SALE DEED RECORDED JANUARY
25, 1965, BOOK 807, UNDER DOCUMENT NO. 747048; AND EXCEPTING
THEREFROM THAT PORTION GRANTED UNTO THE MONTANA
DEPARTMENT OF TRANSPORTATION BY VIRTUE OF BARGAIN AND SALE
DEEDS RECORDED SEPTEMBER 13, 2017 UNDER DOCUMENT NO. 3827294 AND
3827295; AND EXCEPTING THEREFROM THAT PORTION GRANTED UNTO
THE MONTANA DEPARTMENT OF TRANSPORTATION BY VIRTUE OF
WARRANTY DEEDS RECORDED SEPTEMBER 13, 2017 UNDER DOCUMENT
NO. 3827296 AND 3827297.ADJACENT TO THE CITY OF LAUREL, AS AN
ADDITION TO THE CITY OF LAUREL, YELLOWSTONE COUNTY, MONTANA,
WITH CONCURRENT APPROVAL OF ZONING DESIGNATION UPON
ANNEXATION OF THE PROPERTY.
WHEREAS, a Petition for Annexation was submitted to the City of Laurel by Michael
Stitzinger, Hans Stitzinger, and James F. Stitzinger Jr., who are the property owners (hereinafter
“Petitioner”) of certain real property situated in Yellowstone County, Montana;
WHEREAS, the real property is generally described as a portion of The real property
is generally reflected on the Exhibits to the Petition for Annexation, which is incorporated by
reference herein, and it includes all contiguous roadways and rights-of-way;
WHEREAS, the property is currently unzoned, and Petitioner intends to utilize the
property, if annexed, for Highway Commercial purposes;
WHEREAS, the property is currently outside of City of Laurel City limits, and
Petitioner seeks annexation of the property and a concurrent Zoning Designation as “Highway
Commercial”;
WHEREAS, pursuant to the City of Laurel’s Annexation Policy, the City Council shall
consider various criteria when it receives a written Petition for Annexation, which are fully
incorporated by reference herein;
WHEREAS, further pursuant to the City of Laurel’s Annexation Policy, the City
Council may decide to either condition the approval of the annexation in order to meet the
criteria listed in the City of Laurel’s Annexation Policy or require an Annexation Agreement;
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R24-43 Annexation of Love’s
WHEREAS, Petitioner currently seeks annexation of its property into the City of
Laurel, contingent upon completion of the terms of the Annexation Agreement, attached hereto
and fully incorporated herein, which identifies required off-site infrastructure improvements
and guarantees of those improvements;
WHEREAS, in addition to annexation contingent upon completion of the terms of the
Annexation Agreement, the City of Laurel’s Annexation Policies require the mutual-approval
of a Development Agreement prior to issuance of a building permit between the City and
Petitioner; and
WHEREAS, an amended survey for the portion of the Petitioner’s property that will be
annexed shall be prepared and filed with Yellowstone County as part of this annexation; and
WHEREAS, the Laurel City-County Planning Board held a duly advertised public
hearing on Petitioner’s Petition for Zoning Designation on April 17, 2024. At the conclusion
of the hearing, the Planning Board voted to recommend approval to the City Council of the
Zoning Designation, conditioned upon approval of the proposed annexation; and
WHEREAS, the City Council held a duly advertised public hearing regarding
Petitioner’s Petition for Annexation and Concurrent Approval of Zoning Designation on June
11, 2024. At the conclusion of the hearing, the City Council determined that approval of the
Petition for Annexation and Concurrent Approval of Zoning Designation is in the best interests
of the City at this time;
WHEREAS, the annexation of the property and zoning is subject to an Annexation
Agreement by and between the City of Laurel and the Petitioner, which will be executed by
and between the Petitioner and the City of Laurel and will be attached hereto and fully
incorporated as part of this Resolution. In addition, the final annexation of the property and
zoning may be subject to Laurel Municipal Code Chapter 12.38 - developer reimbursement of
water and wastewater extension costs by and between the City of Laurel and the Petitioner,
which will be executed by and between the Petitioner and the City of Laurel and will be attached
to all final annexation documents and Resolution(s), once all conditions of approval, including
execution and completion of a Late Comers Agreement, are completed by the Petitioner and
the City.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Laurel,
Montana, as follows:
1. The owner of record of the territory annexed to the City of Laurel has executed
a Petition of Annexation.
2. Pursuant to Mont. Code Ann. § 7-2-46, the incorporated boundaries of the City
of Laurel shall be and the same hereby is extended and/or expanded to include
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R24-43 Annexation of Love’s
the territory described in Petitioner’s Petition for Annexation and all attached
Exhibits.
3. The following described territory is hereby annexed to the City of Laurel: A
PORTION OF LOT 7A-1, OF THE AMENDED PLAT OF TRACTS 6A AND
7A, OF THE AMENDED PLAT OF TRACTS 6 AND 7, OF WESTBROOKS
SUBDIVISION, YELLOWSTONE COUNTY, MONTANA, ACCORDING
TO THE OFFICIAL PLAT ON FILE IN THE OFFICE OF THE CLERK AND
RECORDER OF SAID COUNTY, UNDER DOCUMENT NO. 1684287.
EXCEPTING THEREFROM THAT PORTION GRANTED UNTO THE
STATE OF MONTANA BY VIRTUE OF BARGAIN AND SALE DEED
RECORDED JANUARY 25, 1965, BOOK 807, UNDER DOCUMENT NO.
747048; AND EXCEPTING THEREFROM THAT PORTION GRANTED
UNTO THE MONTANA DEPARTMENT OF TRANSPORTATION BY
VIRTUE OF BARGAIN AND SALE DEEDS RECORDED SEPTEMBER 13,
2017 UNDER DOCUMENT NO. 3827294 AND 3827295; AND EXCEPTING
THEREFROM THAT PORTION GRANTED UNTO THE MONTANA
DEPARTMENT OF TRANSPORTATION BY VIRTUE OF WARRANTY
DEEDS RECORDED SEPTEMBER 13, 2017 UNDER DOCUMENT NO.
3827296 AND 3827297.ADJACENT TO THE CITY OF LAUREL, AS AN
ADDITION TO THE CITY OF LAUREL, YELLOWSTONE COUNTY,
MONTANA, WITH CONCURRENT APPROVAL OF ZONING
DESIGNATION UPON ANNEXATION OF THE PROPERTY. The real
property is generally reflected on the Exhibits to the Petition for Annexation,
which is incorporated by reference herein, and it includes all contiguous
roadways and rights-of-way.
4. The owner of record of the territory annexed to the City of Laurel and the City
of Laurel will execute an Annexation Agreement, which terms and conditions
are made a part of this Resolution and the Petition for Annexation.
5. The owner of record of the territory annexed to the City of Laurel and the City
of Laurel will execute a Development Agreement prior to the issuance of a
building permit.
6. That the approval of the annexation is conditioned as follows:
A. On all terms, conditions, and requirements of the Annexation Agreement
and between the City of Laurel and Petitioner.
B. The Waiver of Right to Protest, a copy of which is attached hereto and
incorporated by reference herein, and this Resolution, shall be recorded
with the County Clerk and Recorder within ninety (90) days after the
adoption of this Resolution.
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R24-43 Annexation of Love’s
C. Connections to the City of Laurel Water and Sewer Systems shall be
approved by the City of Laurel’s Public Works Department.
D. Any Late Comers Agreement must be agreed upon and approved by the
City prior to the water and sewer service lines being put to use and will
terminate no sooner than 7 years from the date of any late comers
agreement by the developer and the City.
E. All improvements and infrastructure connections shall be completed
within one calendar year from the date this Resolution is approved,
unless an extension is otherwise approved by the City
7. That the approval of the zoning designation is conditioned upon approval of the
annexation, and upon approval of the annexation, the property shall be zoned as
“Highway Commercial.”
8. This Resolution shall be incorporated into the official minutes of the City
Council, and upon said incorporation, the City Clerk-Treasurer shall file a true
and correct certified copy of this Resolution and Meeting Minutes with the
Yellowstone County Clerk and Recorder.
9. From and after the date that the City Clerk -Treasurer files such certified copy
of this Resolution and of the City Council Meeting Minutes with the
Yellowstone County Clerk and Recorder, this Annexation of the above-
described territory to the City of Laurel shall be deemed complete and final.
10. Annexation and the City's responsibility for providing service to the property
shall become null and void upon Petitioner’s failure to satisfy the conditions
imposed by the City Council by and through this Resolution, the Petition for
Annexation, and the Annexation Agreement by and between the City of Laurel
and the Petitioner.
Introduced at a regular meeting of the City Council on the 11th day of June 2024, by
Council Member_________.
PASSED and APPROVED by the City Council of the City of Laurel the 11th day of
June 2024.
APPROVED by the Mayor the 11th day of June 2024.
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R24-43 Annexation of Love’s
CITY OF LAUREL
___________________________
Dave Waggoner, Mayor
ATTEST:
_______________________________
Kelly Strecker, Clerk-Treasurer
APPROVED AS TO FORM:
______________________________
Michele L. Braukmann, Civil City Attorney
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CITY HALL
115 W. 1ST ST.
PUB. WORKS: 628-4796
WATER OFC.: 628-7431
COURT: 628-1964
FAX 628-2241
City Of Laurel
P.O. Box 10
Laurel, Montana 59044
Office of the Planning Director
PLANNING BOARD AND ZONING COMMISSION
A portion of Westbrook’s Subdivision Tract 7A-1 of the
amended plat of Tracts 6A and 7A of the amended plat of tracts 6
and 7 of Westbrook’s Subdivision and a portion of Tract 5 of
Westbrook’s Subdivision less Highway ROW
Annexation and Initial Zoning
Applicant:
Michael Stitzinger
Hans Stitzinger
James Stitzinger
5931 Ridgeview Dr.
Doylestown, PA 18902-1379
The Stitzinger Family is 100% of the land ownership. Annexation pursuant to §7-2-4601 et. seq.
MCA. (Annexation by Petition).
Request:
The applicants representing 100% of the ownership of lands involved, has Petitioned the City of
Laurel for Annexation of approximately 23.17 acres of property adjacent to the City of Laurel with
an initial Zoning Designation of Highway Commercial for concurrent review.
The subject property is generally described as a Lot 7A1, A portion of Westbrook’s
Subdivision Tract 7A-1 of the amended plat of Tracts 6A and 7A of the amended plat of tracts 6
and 7 of Westbrook’s Subdivision and a portion of Tract 5 of Westbrook’s Subd ivision less
Highway ROW Section 17, Township 2 South, Range 24 East P.M.M., Yellowstone County,
Montana, An annexation Exhibit, which is incorporated into this report by reference, has been
submitted in support of the Petition and Requested Initial Zoning .
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Process:
The annexation petition and requested initial zoning has been scheduled for consideration and a
public hearing by the Laurel – Yellowstone City County Planning Board and Zoning
Commission for 6 p.m. on Wednesday, April 17, 2024. The City Council will consider the
annexation and zoning designation at a future council meeting.
Analysis of the Request
The Stitzinger Family represents 100% of the land ownership involved in the petition.
The 2020 Laurel Growth Policy designates the property as a ‘growth area’ of the city.
The current use of the property is nonproductive agriculture as nothing has been planted
on the property since the new highway interchange was constructed.
The requested zone Laurel “Highway Commercial” provides uses compatible to lands
adjacent to roads and is consistent with the requirements of R-08-22 that lands embraced
by the city be assigned R-7500 or greater. This property is not conducive to residential
development.
The subject property was presumed to be zoned “Highway Commercial” and is now
presumed to be not zoned but Yellowstone County is in the process to zone it “Highway
Commercial”.
Highway commercial (HC) district - The purpose of this district is to provide areas
for commercial and service enterprises which are intended primarily to serve the
needs of the tourist, traveler, recreationist, or the general traveling public. Areas
designated as highway commercial should be located in the vicinity of, and accessible
from freeway interchanges, intersections in limited access highways, or adjacent to
primary or secondary highways. The manner in which the services and commercial
activities are offered should be carefully planned in order to minimize the hazard to
the safety of the surrounding community and those who use such services; and to
prevent long strips of commercially zoned property.
MCA 76-2-Part 46 annexation requires that the land use designation be ‘consistent with
the prevailing use of the property, consistent with the prevailing County Zoning
Assignment, and/or consistent with the current growth policy’. All lands outside the City
of Laurel were previously thought to have been extraterritorial zoned and Yellowstone
County is now exercising zoning authority from 2024 and forward.
In addition to the extension of urban scale services the City Zoning provides options for
development that are not available to rural properties.
The initial zoning must be considered under City Resolution R-08-22 (Annexation), the
Laurel Municipal Code Title 17 (Zoning).
The question of annexation and initial zoning must be heard by the Laurel – Yellowstone
City County Planning Board and Zoning Commission to give a recommendation of the
zoning assignment to the City of Laurel City Council.
Is the requested annexation and initial zoning in the best interest of the City and Citizens
of the City of Laurel.
The property is situated such that street rights-of-way will need to be annexed to the subject
property. The highways in the area are under the control of the Montana Department of
Transportation.
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Findings:
The subject property is adjacent to the City of Laurel via a street connection.
The City Council is not required to submit the question of annexation to the qualified
electors of the area to be annexed as the petition is signed by 100% of the owners.
The city may annex the property as 100% of the ownership of same has petitioned the city
for annexation.
The driver for the annexation request is to develop the property for commercial purposes.
The agents working with the property owners want to have city water and sewer services.
The property has been identified as a high priority area in Chapter 7.5, Annexation, of the
2020 Growth Policy and is included in the Planning Jurisdiction Map annexation priority
boundaries. As such, the requested zoning is consistent with the Laurel Growth Policy.
The proposed assignment of “Highway Commercial “meets all the statutory requirements
of MCA 76-2-46 annexation and zoning assignment.
The Laurel “Highway Commercial” Zone is determined to be a “greater than” R-7500
classification density.
The extension of city services will be at the owner’s expense (R-08-22) and in accordance
with the Annexation Agreement or a development agreement as approved by the City
Council and requirements of the Public Works Department and the Montana Department
of Transportation
The city can provide services to the property both existing and proposed if extension of
water, sewer. Storm water will have to be stored on site.
12 Point Test for Zoning:
I. Is the zoning in accordance with the growth policy;
The Growth Policy identifies all the property proposed for annexation as an annexation
priority area.
Resolution R-08-22 requires zoning assignment at annexation at R-7500 or greater.
The Zone “Highway Commercial” meets the definition as ‘greater than’ R-7500 and is not
a residential planned area.
Finding:
The requested zoning is in accordance with the Growth Policy.
II. Is the zoning designed to lessen congestion in the streets;
The proposed zoning along with the annexation agreement will allow development of the
property consistent with the adjoining interstate traffic.
Proposed development that would potentially impact roads and a traffic impact analysis is
being developed for the Montana Department of Transportation.
Highways adjacent to this property are all within the Montana Department of
Transportation. City streets are not in the area.
Finding:
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The requested zoning will have a material impact on the State of Montana Department of
Transportation. The City may see increased traffic as with any added development of property.
III. Is the zoning designed to secure safety from fire, panic, and other dangers;
Fire hydrants and water supply should be adequate if they meet the requirements from the
Public Works Department.
Finding:
The requested zoning will not have an adverse impact on safety from fire, panic, or other
dangers.
IV. Is the zoning designed to promote health and the general welfare;
The land is adjacent to the interstate highway system and “highway commercial” zoning
allows for land uses to provide places for the traveling public to eat, fuel their vehicles, and
rest.
Finding:
The requested zoning will promote the public health and the general welfare.
V. Is the zoning designed to provide adequate light and air;
The existing zoning imposes building setbacks, height limits, limits on the number of
buildings on a single parcel, and reasonable area limits on new development.
The proposed “Highway Commercial” zone provides restrictions on structure height,
setbacks, lot coverage. These standards exist to provide open spaces and adequate light
and air.
The existing development has more than adequate separation from surrounding uses.
Finding
The requested zoning will provide adequate light and air.
VI. Is the zoning designed to prevent the overcrowding of land;
The existing zoning imposes building setbacks, height limits, limits on the number of
buildings on a single parcel, and reasonable area limits on new development.
Finding:
The proposed zoning will prevent the overcrowding of land.
VII. Is the zoning designed to avoid undue concentration of population;
The existing zoning imposes building setbacks, height limits, limits on the number of
buildings on a single parcel, and reasonable area limits on new development.
The subject property is large enough to provide adequate separation from surrounding
uses.
The property is not going to be used for residential development with the “Highway
Commercial” designation.
Finding:
The proposed zoning will prevent the undue concentration of population.
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VIII. Is the zoning designed to facilitate the adequate provision of transportation, water,
sewerage, schools, parks and other public requirements;
The requested zoning will allow for transportation services as defined in “Highway
Commercial” designation in the Laurel Municipal Code.
Finding:
The requested zoning will facilitate the adequate provision of transportation, water,
sewerage, schools, parks and other public requirements.
IX. Does the zoning give reasonable consideration to the character of the district and its peculiar
suitability for particular uses;
The requested zoning is consistent with the Growth Policy.
The property is compatible with surrounding development and had been believe to be
previously zoned “Highway Commercial” in the extraterritorial zoning for the City of
Laurel.
The water and sewer infrastructure with this annexation is for the intended use of the
property and will need final approval from the City of Laurel City Council and the Public
Works Department as well as the Montana Department of Transportation.
Finding:
The requested zoning is consistent with surrounding uses, the Growth Policy and provides
for opportunities with suitable uses.
X. Does the zoning give reasonable consideration to the peculiar suitability of the property for
its particular uses;
The requested zoning is consistent with the Growth Policy.
The property is compatible with surrounding development and is consistent with
interstate highways adjacent to the property.
The water and sewer infrastructure proposed with the annexation will have to meet
infrastructure requirements by the Public Works Department and the Montana
Department of Transportation.
Finding:
The requested zoning is in keeping with the character of the development in the area.
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XI. Will the zoning conserve the value of buildings;
The extension and availability of public water and sewer resultant from annexation and
initial zoning will add value to buildings as the proposed use is substantially like or
complementary to surrounding buildings and uses.
The requested zoning is consistent with the Growth Policy.
The proposed zoning is not anticipated that there would be any adverse effect on the value
of surrounding buildings or lands.
Finding:
The value of existing buildings both on and adjacent to the requested zone will either be
enhanced or not affected by the proposed zoning.
XII. Will the zoning encourage the most appropriate use of land throughout the municipality?
The requested zoning is consistent with the Growth Policy.
The requested zoning is consistent with the prevailing land uses and zoning surrounding
the property.
Finding:
The requested zoning provides for the most appropriate use of land in the municipality
which will keep non-residential traffic close to the interstate.
Conclusion:
The petition for annexation into the City of Laurel with the initial zoning assignment of Laurel
“Highway Commercial” appears to be consistent with the requirements of City Council Resolution
R-08-22. Additionally, the annexation, extension of services, and initial zoning assignment is in
the best interest of both the City of Laurel and the property owners.
RECOMMENDATION
The Laurel – Yellowstone City County Planning Board should find that “Highway Commercial” zoning is
an appropriate zoning designation and recommend that the Laurel City Council adopt the Findings of
Fact outlined in this report. The City Council must annex the lands and can hold a joint Public Hearing
allowed for in MCA 76-2-303 3(B) ) A joint hearing authorized under this subsection (3) fulfills a
municipality's obligation regarding zoning notice and public hearing for a proposed annexation.
Laurel Municipal Code chapter 17.12.220(G) The hearing for annexation and zone change may
be held at the same time.
That an Amended Plat or Certificate of Survey suitable for filing with Yellowstone County that
describes the tract of land to be annexed be submitted.
That an Annexation Agreement or development agreement is submitted for acceptance by
the City Council.
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Map for proposed annexation for a portion of Lot7A1 of the amended plat of Tracts 6
and 7 and a portion of tract 5 of West brook Subdivision and the adjoining highway
rights of way.
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CITY OF LAUREL, MONTANA
REQUEST FOR ANNEXATION
AND PLAN OF ANNEXATION
Applicant is required to meet with the City Planner prior to filling out this
application. All blanks of this application are to be filled in with explanation
by the applicant. Incomplete applications will not be accepted.
1. Only parcels of land adjacent to the City of Laurel municipal limits will be considered for
annexation. “Adjacent to” also includes being across a public right of way. If the parcel
to be annexed is smaller than one city block in size (2.06 acres), the city council must
approve consideration of the request; the applicant must make a separate written request
to the city council stating their wish to annex a parcel of land less than one city block in.
Once the council approves the request, the applicant can apply for annexation.
2. Applicant landowner’s name: Michael Stitzinger, Hans Stitzinger, James F. Stitzinger, Jr.
Address: Michael Stitzinger, 5931 Ridgeview Dr, Doylestown, PA 18902-1379
Phone:
3. Parcel to be annexed: (If it is not surveyed or of public record, it must be of public record
PRIOR to applying for annexation.)
Legal description: WESTBROOKS SUBD, S17, T02 S, R24 E, Lot 7A1, AMND
TR 6A & 7A & POR TR 5 LESS HWY ROW (18)
Lot size: +/- 23.17 Acres
Present use: Vacant/Undeveloped
Planned use: HC – Highway Commercial for Love’s Travel Stop Development
Present zoning: HC – Highway Commercial
(Land which is being annexed automatically becomes zoned R-7500 when it is
officially annexed [City ordinance 17.12.220])
4. City services: The extension of needed city services shall be at the cost of the applicant
after annexation by the city has been approved. As part of the application process, each
of the following city services must be addressed with an explanation:
Water Service:
Location of existing main: 8th Avenue & Old Hwy 10 W Intersection
Cost of extension of approved service: $488,000
How cost determined: Engineer’s estimate of probable cost
Timeframe for installation: Spring 2025
Sewer Service:
Location of existing main: 8th Avenue & Old Hwy 10 W Intersection
Cost of extension of approved service: $511,800
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How cost determined: Engineer’s estimate of probable cost
Timeframe for installation: Spring 2025
How financed: Private
Streets:
Is there any adjoining County ROW to the proposed annexation: the site fronts
Old Hwy 10 W and 19th Ave W_______________________________________
Location of existing paved access: there are currently no paved accesses
Cost of paving: N/A
How cost determined: N/A
Timeframe for construction: N/A
Other required improvements: Provide above information on attached
pages.
5. A map suitable for review of this application of the proposed area to be annexed must be
submitted with this application.
6. A written Waive of Protest must accompany this application, suitable for recording and
containing a covenant to run with the land to be annexed, waiving all right of protest to
the creation by the city of any needed improvement district for construction or
maintenance of municipal services. This Waiver of Protest must be signed by the
applicant prior to annexation by the city.
7. Requests for annexations are referred to the City-County Planning Board for
recommendation to the City Council. Within 30 days after receiving the properly fil led
out application with all required accompaniments and after conducting a duly advertised
public hearing, the City-County Planning Board shall make recommendation to the City
Council as to this Request for Annexation. If more information is needed from the
applicant during the review of the application, such application shall be deemed
incomplete and the timeframe for reporting to the City Council extended accordingly, in
needed.
8. A non-refundable application fee of $300 + $25.00 per acre (80 acres or less); $300 +
$35.00 per acres (81 acres or more) must accompany the submission of this application.
The City Council of the City of Laurel, Montana, after review and consideration of this
Application for Annexation, found such to be in the best interest of the City, that it
complied with state code, and approved this request at its City Council meeting of
.
Form revised by City Attorney April 2008
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JSA Civil, LLC - 111 Tumwater Blvd SE, Suite C210 - Tumwater, WA 98501
Technical Memo randum
To: City of Laurel
From: Nick Wheeler | JSA Civil, LLC
Date: March 13, 2024
Subject: Annexation Request – Project Narrative
Project: Laurel, MT Love’s Travel Stop
Project Narrative
Annexation Overview:
Love’s Travel Stops & Country Stores, Inc. (Love’s) is requesting the annexation of approximately 23.17 acres
into the City of Laurel, Montana city limits as shown on the enclosed preliminary civil engineering plans. The
subject site is a portion of Yellowstone County Tax Parcel Number 0382117207010000, legally described as Tract
7A-1 of Westbrook’s Subdivision.
The area to be annexed includes the northern limits of the tax lot, located north of 19th Avenue/I-90 Business.
The site is located west of the Laurel city limits, with roadway frontages along Old Hwy 10 to the north and 19th
Avenue/I-90 Business to the southwest. The property is currently assigned a zoning designation of HC – Highway
Commercial; we are requesting annexation into the Laurel city limits under the City’s HC zoning designation.
Utilities:
Upon annexation, City of Laurel (City) public water and sanitary sewer services will be extended to the site via
utility main extensions along Old Hwy 10, within Montana Department of Transportation (MDT) right-of-way.
New service connections will be extended to the Love’s property from the new utility mains along Old Hwy 10 to
serve the proposed Love’s Travel Stop development. The new utility mains along Old Hwy 10 will be dedicated to
the City as public infrastructure following the construction of the improvements within MDT right-of-way. It is
understood that right-of-way and utility permit approvals from MDT, and City utility permit approval must be
secured before construction of the new utility mains. Please refer to the enclosed preliminary civil engineering
plans for additional information.
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COVER SHEET
C1.0
CIVIL SITE PLAN REVIEW DOCUMENTS
LAUREL, MONTANA
LANDSCAPE ARCHITECT
GEOTECHNICAL
SURVEYOR
GOVERNING AGENCY
UTILITIES
SITE INFORMATION
LEGAL DESCRIPTION
HORIZONTAL DATUM
VERTICAL DATUM
APPLICANT
ENGINEER
MONTANA
PROJECT LOCATION
LAUREL
DEWATERING NOTE
TRAFFIC CONTROL NOTE
OVERALL SITE PLAN
SHEET INDEX
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PRELIMINARY SITE
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PRELIMINARY
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C5.0.1
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PRELIMINARY
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C7.0
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CUT: 3,500 CY
FILL: 38,000 CY
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No. 40858 PE
BRANDON LEE
JOHNSON
PRELIMINARY
STORMWATER PLAN
C8.1
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TRUCK SCALE AND FUELING CANOPY
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BRANDON LEE
JOHNSON
PRELIMINARY
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BRANDON LEE
JOHNSON
PRELIMINARY
SEWER PLAN
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LICE N S E D
No. 40858 PE
BRANDON LEE
JOHNSON
PRELIMINARY
WATER EXTENSION
PLAN
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LICE N S E D
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BRANDON LEE
JOHNSON
PRELIMINARY
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PLAN
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LICE N S E D
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BRANDON LEE
JOHNSON
PRELIMINARY
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PLAN
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SUBMITTAL DATES
OTB DATE
REVISIONS
SHEET TITLE
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LICE N S E D
No. 40858 PE
BRANDON LEE
JOHNSON
PRELIMINARY
SEWER EXTENSION
PLAN
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SEWER EXTENSION
1 PVC SANITARY SEWER PIPE 8 IN. DIAM., LESS THAN 10 FT. BELOW FINISHED GRADE 2855 LF $65 $185,575
2 PVC SANITARY SEWER PIPE 8 IN. DIAM., 10 FT. - 14 FT. BELOW FINISHED GRADE 1,385 LF $85 $117,725
3 SANITARY SEWER MANHOLE, 48 IN. DIAM.
13 EA $4,500 $58,500
4 TRENCH RESTORATION (4" ASPHALT OVER 12" BASE COURSE)1 LS $150,000 $150,000
SEWER SUBTOTAL $511,800
WATER EXTENSION
5 PVC 900 PIPE FOR WATER MAIN 12 IN. DIAM.
3,950 LF $70 $276,500
6 GATE VALVE AND BLOCKING 12 IN.
15 EA $2,000 $30,000
7 HYDRANT ASSEMBLY
9 EA $3,500 $31,500
8 TRENCH RESTORATION (4" ASPHALT OVER 12" BASE COURSE)1 LS $150,000 $150,000
WATER SUBTOTAL $488,000
TOTAL ESTIMATED CONSTRUCTION COST $999,800
EXTENSION
LOVE'S TRAVEL STOP
LAUREL, MT
ENGINEER'S ESTIMATE OF PROBABLE CONSTRUCTION COST - FOR WORK IN ROW
# DESCRIPTION QUANTITY UNIT UNIT COST
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LOT 7A-1.
34.60 ACRES
VACANT LAND
NO BUILDINGS
FOUND MDOT RIGHT-OF-WAY MONUMENT
FOUND PIPE 1.5" PIPE FOR CORNER
SET 1.5" ALUMINUM CAP ON 24" REBAR
THIS SURVEY INSCRIBED "PELS 31093"
COMM
STORM SEWER
OVERHEAD POWER
MEASURED PROPERTY BOUNDARY
BARBED WIRE FENCE
CHAINLINK FENCE
UNDERGROUND FIBER
TYPICAL UTILITY & ACCESS EASEMENT
CENTERLINE ROAD / DITCH
XXX
SAN
OH OH OH
NOTES CORRESPONDING TO SCHEDULE "B":
General Taxes for the year 2022
1st Half: $70.81 PAID
2nd Half: $70.79 PAID
Tax ID No.: D12151
General County Taxes for the year 2023 and subsequent years, which are a lien but
not yet due or payable.
Recitals, notes, dedications, easements, certificates and covenants as contained on
the plat of Amended Plat of Tracts 6 and 7 of Westbrooks Subdivision. Reference is
hereby made to the plat for more particulars. Recording No.: 1658328
Recitals, notes, dedications, easements, certificates and covenants as contained on
the plat of Amended Plat of Tracts 6A and 7A, of the Amended Plat of Tracts 6 and 7,
of Westbrooks Subdivision. Reference is hereby made to the plat for more particulars.
Recording No.: 1684287
Bargain and Sale Deed
Recording Date: January 25, 1965
Recording No.: 747048, book 807
Bargain and Sale Deed
Recording Date: September 13, 2017
Recording No.: 3827294 and 3827295 - AS SHOWN
Easement(s) and rights incidental thereto, as granted in a document::
Granted to: The Montana Power Company
Recording Date: September 17, 1965
Recording No.: 762683, Book 823 - BLANKET EASEMENT, NOT SHOWN
Easement(s) and rights incidental thereto, as granted in a document::
Granted to: Peter Kiewit Sons' Co.
Recording Date: June 23, 1967
Recording No.: 801217, Book 859 - AS SHOWN
Easement(s) and rights incidental thereto, as granted in a document::
Granted to: US SPRINT
Recording Date: October 28, 1991
Recording No.: 1612626 - BLANKET EASEMENT, NOT SHOWN
Covenants, conditions and restrictions but omitting any covenants or restrictions, if any,
including but not limited to those based upon race, color, religion, sex, sexual
orientation, familial status, marital status, disability, handicap,
national origin, ancestry, source of income, gender, gender identity, gender expression,
medical condition or genetic information, as set forth in applicable state or federal laws,
except to the extent that said covenant or restriction is permitted by applicable law, as
set forth in the document
Recording Date: May 30, 1974
Recording No: 963985, Book 1032
Covenants, conditions and restrictions but omitting any covenants or restrictions, if any,
including but not limited to those based upon race, color, religion, sex, sexual
orientation, familial status, marital status, disability, handicap, national origin, ancestry,
source of income, gender, gender identity, gender expression, medical condition or
genetic information, as set forth in applicable state or federal laws, except to the extent
that said covenant or restriction is permitted by applicable law, as set forth in the
document.
Recording Date: October 30, 1992
Recording No: 1658329, Book 1385
Covenants, conditions and restrictions but omitting any covenants or restrictions, if any,
including but not limited to those based upon race, color, religion, sex, sexual
orientation, familial status, marital status, disability, handicap, national origin, ancestry,
source of income, gender, gender identity, gender expression, medical condition or
genetic information, as set forth in applicable state or federal laws, except to the extent
that said covenant or restriction is permitted by applicable law, as set forth in the
document
Recording Date: May 14, 1993
Recording No: 1684288
Easement(s) and rights incidental thereto, as granted in a document::
Granted to: Yellowstone County Montana
Recording Date: September 13, 2017
Recording No.: 3827298 and 3827299
The search did not disclose any open mortgages or deeds of trust of record, therefore
the Company reserves the right to require further evidence to confirm that the property
is unencumbered, and further reserves the right to make additional requirements or add
additional items or exceptions upon receipt of the requested evidence.
Appurtenant Easement:
Easement(s) and rights incidental thereto, as granted in a document::
Granted to: James F. Stitzinger and Elizabeth B. Stitzinger
Recording Date: December 8, 2000
Recording No.: 3111994
POWER POLE
GUY WIRE
ST
T
STORM SEWER MANHOLE
TELEPHONE / FIBER PEDESTAL OR VAULT
INDICATES AN ITEM NUMBER WITHIN THE
SCHEDULE B TITLE COMMITMENT NOTES
LEGEND
THE LAND REFERRED TO HEREON AND IS DESCRIBED AS FOLLOWS:
LOT 7A-1, OF THE AMENDED PLAT OF TRACTS 6A AND 7A, OF THE AMENDED PLAT OF
TRACTS 6 AND 7, OF WESTBROOKS SUBDIVISION, YELLOWSTONE COUNTY, MONTANA,
ACCORDING TO THE OFFICIAL PLAT ON FILE IN THE OFFICE OF THE CLERK AND
RECORDER OF SAID COUNTY, UNDER DOCUMENT NO. 1684287.
EXCEPTING THEREFROM THAT PORTION GRANTED UNTO THE STATE OF MONTANA BY
VIRTUE OF BARGAIN AND SALE DEED
RECORDED JANUARY 25, 1965, BOOK 807, UNDER DOCUMENT NO. 747048; AND
EXCEPTING THEREFROM THAT PORTION GRANTED UNTO THE MONTANA
DEPARTMENT OF TRANSPORTATION BY VIRTUE OF
BARGAIN AND SALE DEEDS RECORDED SEPTEMBER 13, 2017 UNDER DOCUMENT NO.
3827294 AND 3827295; AND
EXCEPTING THEREFROM THAT PORTION GRANTED UNTO THE MONTANA
DEPARTMENT OF TRANSPORTATION BY VIRTUE OF
WARRANTY DEEDS RECORDED SEPTEMBER 13, 2017 UNDER DOCUMENT NO. 3827296
AND 3827297.
THE LAND SHOWN IN THIS SURVEY IS THE SAME AS THAT DESCRIBED IN CHICAGO
TITLE INSURANCE COMPANY, COMMITMENT NUMBER 00500616 / 3523230535 WITH AN
EFFECTIVE DATE OF AUGUST 3, 2023 AT 8:00 AM
SURVEY CERTIFICATE:
The undersigned, DAVID A. FEHRINGER (the "Surveyor"), a registered land surveyor in the
state of WYOMING identified below Surveyor's signature, has prepared this map or plat of
survey (the "Survey") referring to:
(a)Real property as Tract 7A-1 in the Westbrooks's Subdivision in Section 17, Township 2
South, Range 24 East, PMM , Yellowstone County, MT (the "Property"); and
(b)Chicago Title Insurance Company, Commitment Number 00500616 / 3523230535 with
an effective date of August 3, 2023 at 8:00 AM, for the Property.
Surveyor certifies to Love’s Travel Stops & Country Stores, Inc., Title Company, and their
respective successors and assigns, that:
This is to certify that this map or plat and the survey on which it is based were made in
accordance with the 2021 Minimum Standard Detail Requirements for ALTA/NSPS Land Title
Surveys, jointly established and adopted by ALTA and NSPS and includes Items 1, 3, 4, 5,
6(a), 6(b), 7(a), 8, 11, 13, 14, 16, ,17, 18, 19 of Table A thereof. The fieldwork was completed
on October 12, 2023. The Property contains 34.60 acres.
Date of Plat or Map: NOVEMBER 10, 2023
Surveyor’s Signature:
Printed Name: David A. Fehringer
State of MONTANA:
Registration Number: PELS 31093
NOTES:
1. No observable evidence of earth moving work, building
construction or building additions within recent months.
2. No observable evidence of changes in street right of way lines
completed, and available from the controlling jurisdiction and no
observable evidence of recent street or sidewalk construction or
repairs.
3. Property has physical access to 19th Avenue West, a public road.
4. All statements within the certification, and other references located
elsewhere hereon, related to: utilities, improvements, structures,
buildings, party walls, parking, easements, servitudes, and
encroachments; are based solely on above ground, visible
evidence, unless another source of information is specifically
referenced hereon.
5. In regards to ALTA Table A Item 3, FEMA has determined the site
falls with "ZONE X".
6. In regards to ALTA Table A Item 11(a), no underground utility
plans and/or reports have been provided by the client at the time
this survey was performed and was based upon physical evidence
and utility locates. A "GAS" marker was observed on the north side
of US Highway 16, however, position of underground pipeline was
not determined.
7. In regards to ALTA Table A Item no. 17, no proposed changes to
street right of way lines.
8. At the time of survey, there was no observable evidence of the
subject property being used as a solid waste dump, sump or
sanitary landfill.
9. At the time of survey, no wetland markers were observed,
however, a potential wetland area is on site.
11. Gross land area equals 34.60 acres.
12. All bearings and distances are as measured at the site.
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Tasks
Results
Result layer name
Parcels _Query result
Displayed features:
41/41
Taxcode: D02587
Geocode: 03082108301180000
Recording number:
Property owner: ALLWIN, DENNIS D & GLORIA
A
Subdivision: UNPLATTED
Block number:
Lot number:
Certificate of Survey:
Tract number:
Click for property tax detail
Taxcode: C12668
Geocode: 03082108360010000
Recording number: 3061180
Property owner: MILLER TROIS LLC
Subdivision: ROSSMOOR SUB
Block number: 1
Lot number: 2
Certificate of Survey:
Tract number:
Click for property tax detail
Taxcode: C12667
Geocode: 03082108390010000
Recording number: 3061180
Property owner: MILLER TROIS LLC
Subdivision: ROSSMOOR SUB
Block number: 1
Lot number: 1
Certificate of Survey:
Tract number:
Click for property tax detail
Taxcode: D02622
Geocode: 03082108402010000
Recording number:
Property owner: KNOP, KENNETH R &
DEBORAH A
Subdivision: UNPLATTED
Block number:
Lot number:
Certificate of Survey:
Tract number:
Click for property tax detail
Taxcode: D02621
101
Geocode: 03082108402060000
Recording number:
Property owner: BECKER, WILLIAM THOMAS
SR & MILA PODINO
Subdivision: UNPLATTED
Block number:
Lot number:
Certificate of Survey:
Tract number:
Click for property tax detail
Taxcode: B01744
Geocode: 03082108403030000
Recording number:
Property owner: WHITE, LYNET & CHARLES R
Subdivision: VANBUREN SUB
Block number: 2
Lot number: 1
Certificate of Survey:
Tract number:
Click for property tax detail
Taxcode: B01746
Geocode: 03082108403080000
Recording number: 3669831
Property owner: KNUTSON, CHRIS
Subdivision: VANBUREN SUB
Block number: 2
Lot number: 13
Certificate of Survey:
Tract number:
Click for property tax detail
Taxcode: B01746B
Geocode: 03082108403120000
Recording number: 3669831
Property owner: COMMERCIAL BUILDING
DEVELOPMENT LLC
Subdivision: VANBUREN SUB
Block number: 2
Lot number: 17
Certificate of Survey:
Tract number:
Click for property tax detail
Taxcode: B01746A
Geocode: 03082108403150000
Recording number:
Property owner: HEALEY, JERRY J
Subdivision: VANBUREN SUB
Block number: 2
Lot number: 20
Certificate of Survey:
Tract number:
Click for property tax detail
102
Taxcode: B01740
Geocode: 03082108404030000
Recording number:
Property owner: PARKS, LYLE F & LAURA GC
Subdivision: VANBUREN SUB
Block number: 1
Lot number: 2
Certificate of Survey:
Tract number:
Click for property tax detail
Taxcode: B01740A
Geocode: 03082108404040000
Recording number: 3848196
Property owner: BECKER, WILLIAM THOMAS
SR & MILA PODINO
Subdivision: VANBUREN SUB
Block number: 1
Lot number: 20
Certificate of Survey:
Tract number:
Click for property tax detail
Taxcode: B01743
Geocode: 03082108404060000
Recording number:
Property owner: PARKS, LYLE F & LAURA GC
Subdivision: VANBUREN SUB
Block number: 1
Lot number: 19
Certificate of Survey:
Tract number:
Click for property tax detail
Taxcode: D12865
Geocode: 03082108405060000
Recording number: AB26
Property owner: BECKER, WARREN J &
MARCHETA M
Subdivision: UNPLATTED
Block number:
Lot number:
Certificate of Survey:
Tract number:
Click for property tax detail
Taxcode: D02617
Geocode: 03082108405090000
Recording number:
Property owner: HERMAN, MICHAEL A
Subdivision:
Block number:
Lot number:
Certificate of Survey: CS 416 AM
Tract number: TR 1
103
Click for property tax detail
Taxcode: D02618
Geocode: 03082108405130000
Recording number:
Property owner: KRENELKA, PETER E & DORIS
D
Subdivision:
Block number:
Lot number:
Certificate of Survey: CS 416 AM
Tract number: TR 2
Click for property tax detail
Taxcode: D02616A
Geocode: 03082108405150000
Recording number: 3743789
Property owner: TOWN AND COUNTRY
SUPPLY ASSOCIATION
Subdivision:
Block number:
Lot number:
Certificate of Survey: CS 3590
Tract number: TR 1
Click for property tax detail
Taxcode: C14948
Geocode: 03082108410010000
Recording number: 3329877
Property owner: CITY OF LAUREL MONTANA
Subdivision: SOLID FOUNDATIONS SUB
Block number: 3
Lot number: 1
Certificate of Survey:
Tract number:
Click for property tax detail
Taxcode: C12669
Geocode: 03082108490010000
Recording number: 3061180
Property owner: MILLER TROIS LLC
Subdivision: ROSSMOOR SUB
Block number: 1
Lot number: 3
Certificate of Survey:
Tract number:
Click for property tax detail
Taxcode: D02801
Geocode: 03082117109010000
Recording number:
Property owner: WOOD'S POWR-GRIP CO INC
Subdivision: WESTBROOKS SUB
Block number: NONE
Lot number: 2
104
Certificate of Survey:
Tract number:
Click for property tax detail
Taxcode: D02800
Geocode: 03082117109050000
Recording number:
Property owner: HORTON STORAGE LLC
Subdivision: WESTBROOKS SUB
Block number: NONE
Lot number: 1
Certificate of Survey:
Tract number:
Click for property tax detail
Taxcode: D02799
Geocode: 03082117109100000
Recording number:
Property owner: WOOD'S POWR- GRIP CO INC
Subdivision: WESTBROOKS SUB
Block number: NONE
Lot number: 1
Certificate of Survey:
Tract number:
Click for property tax detail
Taxcode: B01738
Geocode: 03082117112010000
Recording number:
Property owner: WOOD'S POWR-GRIP CO
Subdivision: STOUFFER SUB
Block number: 2
Lot number: 12
Certificate of Survey:
Tract number:
Click for property tax detail
Taxcode: B01736
Geocode: 03082117114010000
Recording number: AB26
Property owner: FISCHER, CLAYTON &
DWIGHT
Subdivision: STOUFFER SUB
Block number: 1
Lot number: 11
Certificate of Survey:
Tract number:
Click for property tax detail
Taxcode: B03040
Geocode: 03082117190010000
Recording number:
Property owner: EVERGREEN INVESTMENT
PROPERTIES LLC
Subdivision: FIGGINS SUB
105
Block number: 1
Lot number: 2
Certificate of Survey:
Tract number:
Click for property tax detail
Taxcode: B03046
Geocode: 03082117190040000
Recording number:
Property owner: KASTELITZ, TOM & ROSINA
Subdivision: FIGGINS SUB AM L:1
Block number: 1
Lot number: 1B
Certificate of Survey:
Tract number:
Click for property tax detail
Taxcode: B03047
Geocode: 03082117190060000
Recording number:
Property owner: ZIMMERER, STEVE
Subdivision: FIGGINS SUB AM L:1
Block number: 1
Lot number: 1C
Certificate of Survey:
Tract number:
Click for property tax detail
Taxcode: B03048
Geocode: 03082117190080000
Recording number:
Property owner: TORRES, JOAN
Subdivision: FIGGINS SUB AM L:1
Block number: 1
Lot number: 1D
Certificate of Survey:
Tract number:
Click for property tax detail
Taxcode: B03041A
Geocode: 03082117190400000
Recording number: 3129124
Property owner: PETERSON FAMILY
PROPERTIES LLC
Subdivision: FIGGINS SUB AM L:1A
Block number: 1
Lot number: 1A2
Certificate of Survey:
Tract number:
Click for property tax detail
Taxcode: B03042
Geocode: 03082117190500000
Recording number:
Property owner: MATRIARCH CONSTRUCTION
106
INC
Subdivision: FIGGINS SUB
Block number: 1
Lot number: 3
Certificate of Survey:
Tract number:
Click for property tax detail
Taxcode: D02802A
Geocode: 03082117190700000
Recording number:
Property owner: HUTSELL, WILLIARD E &
PATSY A
Subdivision: WESTBROOKS SUB AM TR 2&3
Block number: NONE
Lot number: 3B
Certificate of Survey:
Tract number:
Click for property tax detail
Taxcode: D12151
Geocode: 03082117207010000
Recording number:
Property owner: STITZINGER, MICHAEL (50%)
Subdivision: WESTBROOKS SUB AM TR 6A,7A
& PORTION 5
Block number: NONE
Lot number: 7A1
Certificate of Survey:
Tract number:
Click for property tax detail
Taxcode: D02804
Geocode: 03082117207200000
Recording number:
Property owner: CITY OF LAUREL
Subdivision:
Block number:
Lot number:
Certificate of Survey: CS 1055
Tract number: TR 1
Click for property tax detail
Taxcode: D12152
Geocode: 03082117207340000
Recording number:
Property owner: ROCK CREEK VENTURES LLC
Subdivision: WESTBROOKS SUB
Block number: NONE
Lot number: 3
Certificate of Survey:
Tract number:
Click for property tax detail
Taxcode: D12152A
107
Geocode: 03082117207360000
Recording number: AB-26
Property owner: ROBERTUS, TIMOTHY D (50%)
Subdivision: WESTBROOKS SUB
Block number: NONE
Lot number: 4
Certificate of Survey:
Tract number:
Click for property tax detail
Taxcode: D02805
Geocode: 03082117207370000
Recording number: 3998692
Property owner: WESTBROOK STORAGE LLC
Subdivision: WESTBROOKS SUB AM L: 4-5
Block number: NONE
Lot number: 5A
Certificate of Survey:
Tract number:
Click for property tax detail
Taxcode: D02805A
Geocode: 03082117207470000
Recording number: 3998692
Property owner: GROSHELLE, RUDY R &
Subdivision: WESTBROOKS SUB AM L: 4-5
Block number: NONE
Lot number: 4A
Certificate of Survey:
Tract number:
Click for property tax detail
Taxcode: C12592
Geocode: 03082117290010000
Recording number:
Property owner: CONNIE C LOVE TRUST
Subdivision: STITZINGER-SMITH SUB
Block number: 1
Lot number: 1
Certificate of Survey:
Tract number:
Click for property tax detail
Taxcode: D02830
Geocode: 03082118101010000
Recording number: 3812272
Property owner: CASE, KRISTINE M &
Subdivision: UNPLATTED
Block number:
Lot number:
Certificate of Survey:
Tract number:
Click for property tax detail
Taxcode: D02830B
108
Geocode: 03082118105010000
Recording number: 1297698
Property owner: BICKFORD, SARAH D &
Subdivision:
Block number:
Lot number:
Certificate of Survey: CS 2091 AM
Tract number: TR B
Click for property tax detail
Taxcode: D02830A
Geocode: 03082118105070000
Recording number: 1297698
Property owner: KOCHER, MICHAEL
Subdivision:
Block number:
Lot number:
Certificate of Survey: CS 2091 AM
Tract number: TR A
Click for property tax detail
Taxcode: D02830E
Geocode: 03082118110010000
Recording number:
Property owner: VAR DEVELOPMENT LLP
Subdivision:
Block number:
Lot number:
Certificate of Survey: CS 2361
Tract number: TR C
Click for property tax detail
109
PUBLIC HEARING NOTICE
The Laurel-Yellowstone City-County Planning Board and Laurel’s Zoning Commission will
conduct a public hearing on April 17, 2024.
Public Hearing for the annexation into the City of Laurel and assignment of zoning “Highway
Commercial” for the property described as Westbrook Subdivision Lot 7A1 of the amended plat
of Tracts 6 and 7 of Westbrook’s Subdivision and a portion of Tract 5 of Westbrook’s
Subdivision. The property is located approximately 3,000 feet west of Laurel City Limits on Old
Highway 10 West.
The hearing is scheduled for 6 P.M., in the Laurel City Council Chambers at City Hall, 115 West
1st Street, Laurel, Montana, on Wednesday, April 17th, 2024.
Public comment is encouraged and can be provided in person at the public hearing on April 17,
2024. Public comments can also be made via email to the Planning Director, or via letter to the
Planning Department office at 115 West 1st Street Laurel, MT 59044. Emails or letters of
comments should be received by 2pm MST April 11, 2024, so they can be transmitted to the
Planning Board members prior to the meeting. Copies of the documentation are available for
review upon request at the Planning Department office. Questions regarding th is public hearing
may be directed to the Planning Director at 406-628-4796 ext. 5305, or via email at
cityplanner@laurel.mt.gov
110
Map for proposed annexation for a portion of Lot7A1 of the amended plat of Tracts 6 and 7 and a portion of tract 5 of West
brook Subdivision and the adjoining highway rights of way.
111
112
Return to:
Love’s Travel Stops & Country Stores, Inc.
10601 N Pennsylvania Avenue
Oklahoma City, OK 73120
Page 1 of 5
ANNEXATION AGREEMENT
THIS ANNEXATION AGREEMENT is made this day of ,
2024, by and between LOVE’S TRAVEL STOPS & COUNTRY STORES, INC, with a
mailing address at 10601 N Pennsylvania Avenue, Oklahoma City, OK 73120, (the
“Developer”), and the CITY OF LAUREL, MONTANA, a municipal corporation with a
mailing address at 115 West 1st Street, Laurel, MT, 59044 (the “City”).
WHEREAS, the Developer is the owner of certain real property situated in
Yellowstone County, Montana, more particularly described as follows:
A portion of Lot 7A-1, of the Amended Plat of Tracts 6A and 7A, of the Amended Plat
of Tracts 6 and 7, of Westbrooks Subdivision, Yellowstone County, Montana, according to the
official plat on file in the office of the Clerk and Recorder of said County, under Document No.
1684287.
EXCEPTING THEREFROM that portion granted unto The State of Montana by virtue of
Bargain and Sale Deed recorded January 25, 1965, Book 807, Under Document No. 747048;
and EXCEPTING THEREFROM that portion granted unto The Montana Department of
Transportation by virtue of Bargain and Sale Deeds recorded September 13, 2017 Under
Document No. 3827294 and 3827295; and EXCEPTING THEREFROM that portion granted
unto The Montana Department of Transportation by virtue of Warranty Deeds recorded
September 13, 2017 Under Document No. 3827296 and 3827297.
WHEREAS, the Developer has submitted to the City a Petition for Annexation to the
City for Developer Tract; and
WHEREAS, the Developer desires to annex Developer Tract to the City; and
WHEREAS, the City has approved the Petition for Annexation by Resolution No. R24-
43 for the Developer Tract contingent that a Development Agreement, be executed between the
City and the Developer to identify required off-site infrastructure improvements and guarantees
of those improvements.
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Page 2 of 5
NOW THEREFORE, in consideration of the mutual promises and covenants
contained herein, the parties do hereby agree as follows:
1. Roads and Access. The Developer Tract shall be accessible by 19th Avenue (I-90
Business) and Old HWY 10. No improvements to 19th Avenue (I-90 Business) or Old
HWY 10 will be constructed upon annexation. Future development or subdivision of
the Developer Tract may require 19th Avenue (I-90 Business) and/or Old HWY 10 to be
improved to Montana Department of Transportation standards in a Subdivision
Improvements Agreement or Development Agreement at the time of subdivision or lot
development.
2. Sanitary Sewer. Developer Tract shall be served by the City wastewater system. The
Developer shall extend a new main from the existing 8-inch sanitary sewer main in Old
HWY 10 at 8th Street. Plans and specifications shall be approved by the Public Works
Department.
3. Water. Developer Tract shall be served by the City water system. The Developer shall
extend a new water main from the existing 12” water main in Old HWY 10 at 8th Street.
Plans and specifications shall be approved by the Public Works Department.
4. Storm Drain. The property shall tie into the stormwater drainage system wherever
possible. If a connection is not possible, the property shall manage stormwater on the
property.
5. Right-of-Way. No right-of-way is to be dedicated upon annexation. Rights-of-way shall
be dedicated upon future subdivision of the Developer Tract for any proposed public
streets.
6. Future Intersection Contributions. No intersection contributions are required upon
annexation. Future development or subdivision of the Developer Tract may require
intersection contributions that shall be defined in a Subdivision Improvements
Agreement or Development Agreement based on the recommendations of an approved
traffic impact study (if required).
7. Late Comers Agreement. To be determined separately from this agreement but
consistent with Laurel Municipal Code Chapter 12.38
- DEVELOPER REIMBURSEMENT OF WATER AND WASTEWATER
EXTENSION COSTS. Developer retains the option to utilize this late comers
agreement until the final acceptance of the water and sewer extensions to developers
property.
8. Land Survey Amendment. Developer will prepare an amended survey indicating the
portion of the property to be annexed in an approved form that is recordable with
Yellowstone County.
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Page 3 of 5
9. Zoning. The Property is to be zoned as Highway Commercial.
10. Compliance. Nothing herein shall be deemed to exempt the Developer Tract from
compliance with any current or future City laws, rules, regulations, or policies that are
applicable to the development, redevelopment, or use of the subject property.
11. Runs with Land. The covenants, agreements, and all statements in this Agreement and
in the incorporated and attached Waiver shall run with the land and shall be binding on
the heirs, personal representatives, successors, and assigns of the respective parties.
12. Attorney’s Fees. 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 party giving notice shall be
entitled to reasonable attorney fees and costs, including those fees and costs of in-house
counsel.
13. Amendments and Modifications. Any amendments or modifications of this
Agreement shall be made in writing and executed in the same manner as this original
document and shall after execution become part of this Agreement.
115
Page 4 of 5
IN WITNESS HEREOF, the parties have executed this Agreement as of the day and year
first above written.
LOVE’S TRAVEL STOPS & COUNTRY STORES, INC.
By:
Title:
“Developer”
STATE OF OKLAHOMA )
) ss.
COUNTY OF OKLAHOMA )
On this day of , 20 , personally appeared before
me, ________________________________________ proved to me on the basis of satisfactory
evidence to be the person(s) whose name(s) are subscribed to this instrument, and acknowledged
the he/she/they executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Official Seal on the
day and year in this certificate first above written.
Notary Public for the State of
(SEAL) My Commission Expires:
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Page 5 of 5
This Agreement is hereby approved and accepted by the City of Laurel, this day of
, 20 .
CITY OF LAUREL, MONTANA
By:
Mayor
Attest:
City Clerk
“City”
STATE OF MONTANA )
) ss.
County of Yellowstone )
On this day of , 20 , before me, a Notary Public for
the State of Montana, personally appeared , and
, known to me to 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.
Notary Public for the State of
(SEAL) Residing at:
My Commission Expires:
Approved as to Form:
City Attorney
117