HomeMy WebLinkAboutResolution No. R24-53WHEREAS, McDonald Land Holdings LLC and Fox Lumber Sales, Inc. (hereinafter
"the Property Owners") have petitioned the City of Laurel to vacate a portion of South Montana
Avenue, Laurel, Montana, more particularly described as:
That portion of South Montana Avenue in the City of Laurel
described as follows, to wit:
Beginning at a point which is the northeast corner of Lot 1 in
Block 5 of the Plat of Hageman Subdivision Second Filing;
thence, from said Point of Beginning, N 71°20'35" E a distance
of 63.26 feet;
thence S 00°10'40" E a distance of 250.43 feet;
thence N 89°3547' W a distance of 60.00 feet;
thence N 00°10'40" W a distance of 229.77 feet to the Point of
Beginning;
containing an area of 14,406 square feet, more or less.
WHEREAS, the general location of the street is in Section 16, Township 2 South, Range
24 East, PMM, and the street is adjacent to Block 5, Lots 1-8, Hageman Subdivision, Second
Filing, and Tract AlAl, Certificate of Survey 1424, Amended AIA, all within the City of
Laurel, Yellowstone County, Montana;
WHEREAS, South Montana Avenue borders the Eastern portion of Hageman
Subdivision in the City of Laurel, Yellowstone County, Montana, and intersects with East
Railroad Street in a "T" intersection that is uncontrolled;
WHEREAS, the street at issue is reflected on the attached Exhibit A to Street Vacation
Petition;
WHEREAS, the street is presently classified as an undeveloped public road;
WHEREAS, the street is of no present use to the City of Laurel, and the City has
determined that it is in the best interests of the City, the inhabitants thereof, and the owners of
the property adjacent to the land for the street to be vacated;
WHEREAS, vacation of the street will allow for increased development in the area, and
the City does not believe that any reason exists not to vacate the street;
R24-53 Intent to Approve Street Vacation Petition
WHEREAS, pursuant to Mont. Code Ann. § 7-14-4114, Petitioners that constitute one
hundred percent (100%) of all owners of lots on a street may petition for abandonment;
WHEREAS, Petitioners have filed the attached Street Vacation Petition, in which they
have set forth all legal requirements for vacation of the street, as well as have acknowledged
and agreed that, if the Petition is granted by the City, the vacation of the street shall not affect
the right of any public utility to continue to maintain its plant and equipment pursuant to Mont.
Code Ann. § 7-14-4115; and
WHEREAS, the City will conduct a public hearing on July 23, 2024 at 6:30 p.m., in
City Council Chambers, regarding the Street Vacation Petition.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Laurel,
Montana, as follows:
1. The City Council hereby adopts this Resolution of Intent to approve the Street
Vacation Petition;
2. The City will conduct a public hearing on August 13, 2024 at 6:30 p.m., in City
Council Chambers, regarding the Street Vacation Petition; and
Notice of the passage of this Resolution of Intent shall be published in a
newspaper of record not less than twice before the Public Hearing.
BE IT FURTHER RESOLVED that after publication, City Council will consider
approving the Street Vacation Petition.
Introduced at a regular meeting of the City Council on the 23`d day of July 2024, by
Council Member Mackay.
PASSED and APPROVED by the City Council of the City of Laurel the 23`d day of
July 2024.
APPROVED by the Mayor the 23`d day of July 2024.
R24-53 Intent to Approve Street Vacation Petition
CITY OF LAUREL
Dave Waggoner, Mayok
Xel OytV/,Clerk-Treasurer
Michele L. Braukmann, Civil City Attorney
R24-53 Intent to Approve Street Vacation Petition
City of Laurel
Laurel,t59044,
We, McDonald Land Holdings LLC and Fox Lumber Sales, Inc., the undersigned, petition
and request the City of Laurel vacate a portion of South Montana Avenue, Laurel, Montana, more
particularly described as:
That portion of South Montana Avenue in the City of Laurel
described as follows, to wit:
Beginning at a point which is the northeast corner of Lot 1 in
Block 5 of the Plat of Hageman Subdivision Second Filing;
thence, from said Point of Beginning, N 71120'35" E a distance of
63.26 feet;
thence S 001 10'40" E a distance of 250.43 feet;
thence N 89°35'47" W a distance of 60.00 feet;
thence N 00110'40" W a distance of 229.77 feet to the Point of
Beginning;
containing an area of 14,406 square feet, more or less.
(hereinafter referred to as "the street" -- See Exhibit A attached.)
The general location of the street is in Section 16, Township 2 South, Range 24 East, PMM,
and the street is adjacent to Block 5, Lots 1 - 8, Hageman Subdivision, Second Filing, and Tract
ALAI, Certificate of Survey 1423, Amended AIA, all within the City of Laurel, Yellowstone
County, Montana. South Montana Avenue borders the Eastern portion of Hageman Subdivision in
City of Laurel, Yellowstone County, Montana, and intersects with East Railroad Street in a "T"
intersection that is uncontrolled. See the attached Exhibit A for the exact location of the portion of
South Montana Avenue sought to be vacated by virtue of this Petition.
The street is presently classified as an undeveloped public road.
The street is of no present use to the City of Laurel. It is in the best interest of the City of
Laurel, the inhabitants thereof and the owners of the property adjacent to the land for the street to
be vacated. Vacation of the street will allow for increased development in the area. No reason
exists not to vacate the street. Since 1976, South Montana Street terminates, or is a dead-end, at
the point the street abuts Lot 8, Block 5, Hageman Subdivision, Second Filing (as a result of that
certain Resolution No. 1573, passed and adopted by the City Council of the City of Laurel on
November 2, 1976, whereby the City of Laurel vacated South Montana Avenue between northerly
margin of 40' Street South to a point 75 feet northerly of the centerline 2nd Street South). The
portion of South Montana Avenue which the Petitioners seek to have vacated is bordered on the
East, West and South by real property owned by the Petitioners. The street is bordered on the
North by East Railroad Street. In accordance with Section 7-14-4114, MCA, the Petitioners
constitute one hundred percent (100%) of all owners of lots on the street. Additionally, when the
street is vacated, then the real property will no longer be tax exempt and the Petitioners will be
obligated to pay real property taxes, thereby benefiting the City of Laurel, Yellowstone County,
the State of Montana, and all the inhabitants thereof. Petitioners acknowledge and agree that if
this Petition is granted by the City of Laurel, the vacation of the street shall not affect the right of
any public utility to continue to maintain its plant and equipment pursuant to Section 7-14-4115,
MCA.
The adjacent property is owned by the Petitioners whose information is as follows:
1. McDonald Land Holdings LLC, whose address is 197 E. California Avenue,
Suite 300, Las Vegas, Nevada 89104, and owns Block 5, Lots I - 12, Hageman Subdivision,
Second Filing, and Certificate of Survey No. 2854, all in the City of Laurel, Yellowstone County,
Montana.
The registered agent of McDonald Land Holdings LLC is C T Corporation System, with an address
of 3011 American Way, Missoula, MT 59808; and
2. Fox Lumber Sales, Inc., whose mailing address of P.O. Drawer 1000, Hamilton,
Montana 59840, and owns Tract AlAl, Certificate of Survey 1423, Amended AIA, in the City of
Laurel, Yellowstone County, Montana.
The registered agent of Fox Lumber Sales, Inc. is Thomas L. Fox, with a mailing address of P.O.
Box 1000, Hamilton, MT 59840.
There are no covenants or deed restrictions affecting the street.
As noted above, the vacation of the street shall not affect the right of any public utility to
continue to maintain its plant and equipment pursuant to Section 7-14-4115, MCA.
The attached Exhibit A shows the portion of the street that the undersigned Petitioners
hereby petition to vacate.
Once the street is vacated, the undersigned propose that the street be allocated and
conveyed from the City of Laurel by Merger Quit Claim Deed to Fox Lumber Sales, Inc. and/or
McDonald Land Holdings LLC, or as the Petitioners agree in writing, pursuant to Montana law,
Section 70-16-202, MCA.
The undersigned Petitioners respectfully request that the City of Laurel approve the
Petition and the street be vacated.
(Signature of Petitioners on Following Page)
2
MCDONALD LAND HOLDINGS LLC
a Nevada series limited liability company
M -4m, Imm"T.r.
Its: Manager ,
Date:
.01 U�'Iffl
By: Thomas L. Fox
Its: President
Date: 5 Z 1, ( 7 2-0 1. Ll
EXHIBIT A
PROPOSED VACATED PORTION OF SOUTH MONTANA AVENUE
HAGEMAN SUBDIVISION SECOND FILING IN THE CITY OF LAUREL, MONTANA
PREPARED FOR : McDONALD LAND HOLDINGS LLC
PREPARED BY : SANDERSONSTE' RTIS
MAY 2024
BILLINGS, MONTANA
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Adincent Ownership,
McDonald Land Holdings LLC
Fox Lumber Sales, [no -
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That portion of South Montano Avenue in the City of Laurel described as follows,
to wit:
NORTH
Beginning at a point which is the northeast corner of Lot I in Block 5 of the
30 0 30 60
Plot of Hageman Subdivision Second Filing;
SCALE: 1" = 60'
thence, from said Point of Beginning, N 71*20'35" E a distance of 63.26 feet;
thence S 00'10'40'* E a distance of 250.43 feet;
thence N 89*35'47" W a distance of 60.00 feet;
thence N 00*10*40" W a distance of 229.77 feet to the Point of Beginning;
containing an area of 14,406 square feet, more or less.
• .
Moulton
P. # ".s: 2569
Billings, 1
4077909 EASE
07/08/2024 11:42 AM Page 1 of 2 Fees: $16.00
eRecorded For Yellowstone County, MT
Jeff Martin, Clerk & Recorder
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vehicularThis Reciprocal Access Agreement is for the purpose of creating an access
easement in favor of each Lot together with the right of free ingress and egress by
t. pedestrian traffic,
This Reciprocal i.. Agreement
r ..... created
..-•. for .. benefit • the owners of
• t 7 and 8, BlockHageman Subdivision,• s Filing,
City ofLaurel, YellowstoneCounty, Montana.
The easement granted herein shall be used and enjoyed by each owner and Its
permittaes in such a manner so as not to unreasonably Interfere with, obstruct or delay
the conduct and operations of the business of any other owner or its permittees at any
time conducted i.... its •including,without limitation,public •and from t'
4077909 EASE
07/0812024 11:42 AM Page 2 of 2
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The easement granted herein does not include any rights to park vehicles or
I 01,1L -- 0404. 4 -
This Reciprocal Access Agreement shall run with the real property and is binding
on all parties having any right, title or interest in the described property or any part
thereof, their heirs, executors, successors, administrators and assignees, and shall bind
each owner thereof.
MCDONALD LAND HOLDINGS LLC
A Nevada series limited liability company
--Aye;t P. Woods
Its: Manager
Date:
STATE OF NEVADA
:ss.
COUNTY OF CLARK
On this 6A -d -ay of July, 2024, before me, the undersigned, a Notary Public
for the State of Nevada, personally appeared KENT P. WOODS, known to me to be the
Manager and duly authorized agent of MCDONALD LAND HOLDINGS LLC, the series
limited liability company whose named is subscribed to the within instrument, and
acknowledged and affirmed to me that he executed the same on behalf of said series
limited liability company.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my notarial
seal the day and year in this certificate first above written.
I. —
VVERONICA LEE gLXk47t"'UA--'
NOTARY PUBLIC Notary Public for the State of
STATE OF NEVADA Residing at 4",2 - ggfl!n&C
My Commission Expires: 11.28.26 My Commission Expires: W-4
Ceff=te No: 22-6220-0I I
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