HomeMy WebLinkAboutResolution No. R24-57RESOLUTION TO APPROVE STREET VACATION FOR PORTION OF SOUTn-'
MONTANA A. LAUREL MONTANA.
WHEREAS, 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 I 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°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.
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 ALAI, 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;
R24-57 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;
WHEREAS, the City conducted public hearings as follows: August 13, 2024, in City
Council Chambers, regarding the Street Vacation Petition; and
WHEREAS, no objections were received, and therefore, the City believes it to be in the
best interests of the City to move forward with the Street Vacation.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Laurel.
Montana, as follows:
The City Council hereby adopts this Resolution to approve the Street Vacation
Petition;
2. The Street Vacation Petition is hereby approved, adopted, and instructed to be
filed with the Clerk and Recorder.
Introduced at a regular meeting of the City Council on the 13th day of August 2024, by
Council Member Sparks.
PASSED and APPROVED by the City Council of the City of Laurel the 13`h day of
August 2024.
APPROVED by the Mayor the 13`h day of August 2024.
CA -TY OF LA L
Dave Waggoner, Wor
R24-57 Approve Street Vacation Petition
ATTEST:
jk&Y S - e ker, Clerk -Treasurer
I mitu L
Michele . Braukmann, Civil City Attorney
R24-57 Approve Street Vacation Petition
City f Laurel
P.O.Box 10
Montana + 1..
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 l 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 00110'40" 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.
(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
AIAl, Certificate of Survey 1423, Amended AlA, 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 4d' Street South to a point 75 feet northerly of the centerline 2°d 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 1 - 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
�ry--.Kent P. Woods
Its: Manager
Date:
By: Thomas L. Fox
Its: President
Date: 11 i -2- 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 : SANDERSON STEWARTO
MAY 2024
BILLINGS, MONTANA
AMENDED PLAT OF BLOCK 1,
00 < ams
<
0
V)
�
l LOT 4
HAG, MAN SU8DIIS ION
LOT I
Adiocent Ownership:
McDonald Land Holdings LLC
Fox Lumber Soles, Inc,
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 1 in Block 5 of the
30 0 30 60 Plat of Hagemon Subdivision Second Filing;
thence, from said Point of Beginning, N 71*20'35" E a distance of 63.26 feet;
SCALE:1" = 60' thence S, 00'10*40" E a distance of 250.43 feet;
thence N 8935'47" 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 on area of 14.406 square feet, more or less.
74035-21-E*4181---A-2,0WG 74035.21 05/07/24 PBK/SSA I
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eRecorded For Yellowstone County, MT
Jeff Martin, Clerk & Recorder
MOM%
Thomas E. Smb
Moulton Bellingham PC
P. 0. Box 2669
BflUngs, MT 59103
S-
----------------- .......
Lots 1, 2, 3, 4, 5, 6, 7 and 8, Block 5, Hageman Subdivision,
Second Filing, all In the City of Laurel, Yellowstone County,
Montana.
This Reciprocal Access Agreement is for the purpose of creating an access
6asement in favor of each Lot together with the right of free ingress and egms by
vehicular and pedestrian traffic, at all times.
This Reciprocal Access Agreement is created for the benefit of the owners of
Lots 1, 2, 3, 4, 5, 6, 7 and 8, Block 5, Hageman Subdivision, Second Filing, all in the
City of Laurel, Yellowstone County, Montana.
The easement granted herein shall be used and enjoyed by each owner and Its
suck a Tr,.,�Txer so as -tot to lf&k. obstTiat or
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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 pa&5
thereof, their heirs, executors, successors, administrators and assignees, and shall bind
each owner thereof.
MCDONALD LAND HOLDINGS LLC
A Nevada series limited liability company
By: Kent P. Woods
Its: Manager
STATE OF NEVADA
:ss.
COUNTY OF CLARK
On this 6'A -day 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-,- —
VERONICA LEE
NOTARY PUBLIC
STATE OF NEVADA
Residing at "t- MM
My Commission Expires:
N