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Resolution No. R24-43
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; 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: 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 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. 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 Sparks. PASSED and APPROVED by the City Council of the City of Laurel the l 1th day of June 2024. APPROVED by the Mayor the I Ith day of June 2024. R24-43 Annexation of Love's CITY OF LAURE I mo 1 Dave Waggoner, Mayor ATTEST: Vk�ll St r, Clerk -Treasurer APPROVED AS TO FORM: Michele L. Braukmann, Civil City Attorney R24-43 Annexation of Love's .�+� BEFORE *J''}I,1E (Try 'l Yl� �i� 1L CF1 3 tl'Ji� fib;}.Uf4rU,, IN'TONTiSS1 ii, FOR THE ANNEXATION N OF THE HEREINDESCRIBED PROPERTY AND CRE'V110IN DID ."Y i+UI'IIRE SPECIAL IMPROVEMENT DISTRICT The undersigned hemby waives protest to the annexation of 'the Property dascribcxl below by the City of Laurel. U1�deCsigtSCci also t�"stll�S the11" 1'i llt t0 ss:ck I.ld1�;9a1 rS 1'1 / 1u1ClGr I4%I.� .r . § 7-2-4741 (2007), the City's aime:xation ol'tltc below described pi-operty. The undersigued hereby additionally waives protest to the creation of ifluture Special Impa'ovc:rtten( District(s) eretatod and/or formed for Fature :strcct improvements including, but not limited lv, paying, curb, 1putter, sidewalk and stomi drainage, or any othor 141tivft1l ptu1iose. This 11lIirl.tavit is submitted pursuow to and as a paA of the Annexation Agrveriwnt and hittlre contemplated Subdivision Ilnprovemetlt Agreement (SIA) with the City of Laurel. Thiis Affidavit of Waiver shall nin with tbe:18ad and slA1 forever be binding upon the Grantee, flicir triuLsferees, successors 1.111(1 jtssiols. LEGAL DESCRTI`' ON OFTHE Pi OPERTY- "WESTBRO MKS SURD. S17. "1'02 S. I�2 -I..�t 7 1, t il`;i)'iy 6r d'� 7A PUR"TR I FSS 1-iWY ROW I8 DATED this day of It 1 ct,ncf-) , 20,9, t Crantee Name: Jame,5 F. tit" er, Jr. STMI OF e-1 -16 /U'awu'a—) } ss, County of.., B&C e,�-5 } On this _day f /14 20 , personally appeared before inc, proved to me on the basis of satisfactory evidellace to lac the person(s) whose nalne(s) subscribed to this instrument, and acknowledged the l 0shelthey executed the saine. IN WITNESS WHEREOF, I bave hereunto set my hand and affixed my Official Seal fln, the day and year in this eertireate first- above written. Noti Public for the State of t l Sct vl i f (ME) Commonwealth of Pennsylvania - Notary Seal KYLE ANN FRANCIS Notary Public 1y1 (7mDT3f3S1C}Tl EKlres; ^l� —�5 Bucks County p My Commission Expires April 18, 2025 Commission Number 1052987 March 5, 2024 Kurt; Ma rkegardr P14.1nning Director City of tauret 115 West V Stree. Laurel, MT 59044 Re. Letter of Authorization Laurel, f+.!! 1 Love's Development Project Dear Mr, Ularkegard: This fetter will serve as authorization for Love's Travel Stops and Country Stores, Inc. (Love`s), and thair Agent, 15A Civil, LLC, to prepare and process the, necessary documents relative to the annexation, zoning assignment, utlllty extensions, and site develapiller)t tlermitting fDr Tract ?A-1 of the Westbrool,'s Subdivision (Yellowstone County TPN 0308211720-11010000), Signed, James F. Stitzin er Jr. Signature l j pate s-mrE or. &Lins I UAw" �� ) ss, counEy of &61L 5 } On this a day o A , 20 �, pe> sonally appeared bo1'orc frig, -'A e 6 - proved to are on the basis of satisfactory evidence to be the person(s) whose mrne(s) itr6 subscribed to this imlaunclit, and acknowledged tho Wshclthcy CXCCUted the same. IN Wii INESS WHEREOF, I have hereunto set 11iy band and affixes{ my Official Seal can Chic day and year in this certificate first above written. (SEAL) Notary' ublic for the state 4 5 U� Residing at: lOGL IMy Corrunission Expires: — Commonwealth of Pennsylvania - Notary Seal KYLE ANN FRANCIS - Notary Public Bucks County My Commission Expires April 13, 2025 Commission Number 1052987 AFFIDAVIT OF WAIVER. OF PROTEST BEFORE THE CITY COUNCIL OF THE CITY OF LAUREL, MONTANA FOR THE ANNEXATION OF THE HEREIN DESCRIBED PROPERTY AND CREATION OF ANY FUTURE SPECIAL IMPROVEMENT DISTRICT The undersigned hereby waives protest to the annexation of the property described below by the City of Laurel. Undersigned also waives their right to seek judicial review under M.C.A. § 7-2-4741 (2007), subsequent to the City's annexation of the below described property. The undersigned hereby additionally waives protest to the creation of future Special Improvement District(s) created and/or formed for future street improvements including, but not limited to, paving, curb, gutter, sidewalk and storm drainage or any other lawful purpose. This Affidavit is submitted pursuant to and as a part of the Annexation Agreement and future contemplated Subdivision Improvement Agreement (SIA) with the City of Laurel. This Affidavit of Waiver shall run with the land and shall forever be binding upon the Grantee, their transferees, successors and assigns. LEGAL DESCRIPTION OF THE PROPERTY: "WESTBROOKS SUBD. S17. T02 S. R24 E. Lot 7A1 AMND TR 6A & 7A & POR TR 5 LESS HWY ROW (18)" DATED this day of M^{ , 20�_. rantee Name: Mic 1 Stitzing STATE OF Pam► 11 S- Imo) ) ss. Countyof 4ilt S ) n this - day, of irzl� � , 20�, personally appeared before me, 1 ,�� �il2I ✓1? �( proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) ar- 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. No Public for the State of (SEAL) Residing at: % z.) r lle ijj C--" J g , .� Commonwealth of Pennsylvania - Notary Seal My Commission Expires: KYLE ANN FRANCIS - Notary Public Bucks County My Commission Expires April 18, 2025 Commission Number 1052987 March 6, 2024 Kurt Markegard, Planning Director City of Laurel 115 West 1st Street Laurel, MT 59044 Re: Letter of Authorization Laurel, MT Love's Development Project Dear Mr. Markegard: This letter will serve as authorization for Love's Travel Stops and Country Stores, Inc. (Love's), and their Agent, JSA Civil, LLC, to prepare and process the necessary documents relative to the annexation, zoning assignment, utility extensions, and site development permitting for Tract 7A-1 of the Westbrook's Subdivision (Yellowstone County TPN 03082117207010000). Signed: Michael Stitzinger STATE OF c'_ G(G'15 l U AR L,/-- ) ) ss. County of Qn this f a G, day of _ /V / �"� , 20�, personally appeared before me, lf proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) are-s bscribed 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. No Public for the State '��--Vnn 4t &-- (SEAL) Residing at: L� I / 4 My Commission Expires: 41 l Q—a S Commonwealth of Pennsylvania - Notary Seal KYLE ANN FRANCIS - Notary Public Bucks County My Commission Expires April 18, 2025 Commission Number 1052987 AFFIDAVIT OF WAIVER OF PROTEST BEFORE THE CITY COUNCIL OF THE CITY OF LAUREL, MONTANA FOR THE ANNEXATION OF THE HEREIN DESCRIBED PROPERTY AND CREATION OF ANY FUTURE SPECIAL IMPROVEMENT DISTRICT The undersigned hereby waives protest to the annexation of the property described below by the City of Laurel. Undersigned also waives their right to seek judicial review under M.C.A. § 7-2-4741 (2007), subsequent to the City's annexation of the below described property. The undersigned hereby additionally waives protest to the creation of future Special Improvement District(s) created and/or formed for future street improvements including, but not limited to, paving, curb, gutter, sidewalk and storm drainage or any other lawful purpose. This Affidavit is submitted pursuant to and as a part of the Annexation Agreement and future contemplated Subdivision Improvement Agreement (SIA) with the City of Laurel. This Affidavit of Waiver shall run with the land and shall forever be binding upon the Grantee, their transferees, successors and assigns. LEGAL DESCRIPTION OF THE PROPERTY: "WESTBROOKS SUBD, S 17, T02 S, R24 E, Lot 7A 1, AMND TR 6A & 7A & POR TR 5 LESS HWY ROW 18 " DATED this 13 44" day of / /'�� ` �'� , 20 Z Grantee Name: Hans AtAger STATE OF 4\iNS"1 I k c n i c- ) —r ) ss. County of On thisLay of , 20& , personally appeared before me, i '' Zt n c, 4 r 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':rnd and affixed my Official Seal on the day and year in this certificate first above written. (SEAL) rMA onwealth of Pennsylvania - Notary Sea! UREEN A. BRINSFIELO -Notary Public Montgomery County ommission Expires February 28, ZOZ6 Commission Number 1416386 (AA. G,,1.5 � C] Notary Public for the State ofPen et,i -, cL- Residing at: Nly Commission Expires: March 6, 2024 Kurt Markegard, Planning Director City of Laurel 115 West V Street Laurel, MT 59044 Re: Letter of Authorization Laurel, MT Love's Development Project Dear Mr. Markegard: This letter will serve as authorization for Love's Travel Stops and Country Stores, Inc. (Love's), and their Agent, JSA Civil, LLC, to prepare and process the necessary documents relative to the annexation, zoning assignment, utility extensions, and site development permitting for Tract 7A-1 of the Westbrook's Subdivision (Yellowstone County TPN 03082117207010000). Signed: Hans Stitzinger k6v Signature STATE OF C12 m\ S,I I ,'c�v"C. ) ) ss. County of 11q r,1, C ►Vkr" ) -31�312Y Date On this day of I11 C� rd'L , 20 JILI, personally appeared before me, iJ 'L} S i , t 7, I >7 G-ev- 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 �o id affixed my Official Seal on the day and year in this certificate first above written. " ? kA Notary Public for the State of R-,.v1 (SEAL) Residiriy at: i-I U ���� c���� , My Commission Expires: 1, Commonwealth of Pennsylvania - Nazar Seal MAUREEN A. 9RINSFIELD - Notary Public Montgomery County My Commission Expires February 28. 2026 Commission Number 7476386 Return to: Love's Travel Stops & Country Stores, Inc. 10601 N Pennsylvania Avenue Oklahoma City, OK 73120 ANNEXATION AGREEMENT THIS ANNEXATION AGREEMENT is made this 1 day of J j A C 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 I" 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. Page 1 of 5 NOW THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties do hereby agree as follows: Roads and Access. The Developer Tract shall be accessible by 19`h Avenue (I-90 Business) and Old HWY 10. No improvements to 19`h Avenue (I-90 Business) or Old HWY 10 will be constructed upon annexation. Future development or subdivision of the Developer Tract may require 19" 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 8`h 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 8" 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. Riaht-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 corners 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. Page 2 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. Page 3 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: 6111h �✓� i� t(.Q ��SL "Developer" STATE OF OKLAHOMA ) ) ss. COUNTY OF OKLAHOMA ) On this �� `day of , 20 , personally appeared before me, V S 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. (SEAL) sr00r'oSTE R -OAR � OF o��°'�''e My Commission Expires: Page 4 of 5 Thi Agreement is hereby approd and accepted by the City of Laurel, this %/ day of ' 2017 CITY OF LAUREL, MONTANA Or BY : U `f Mayo Attest: kyAizj� City Clerk "City" STATE OF MONTANA ) ) ss. County of Yellowstone ) On this day of S , 20ZT, before me, a Notary Public for th State of Montana, personally appeared avi a tjaQGQ �, e� , and - 4' yt K e m LKQ— , known to e 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. AMBER HATTON �: • T o * NOTARY PUBLIC for the State of Montana Ar• �"J �L 1� ReWing at Billings, Montana y •�= p Njp� My Commission Expires May 31, 2026 Approved as to Form: City Attorney Notary Public for the State of (M 1 Residing at: � i ,LTA t My Commission Expires: 1�t 7AZ-�i Page 5 of 5 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 aunfleatrion. All blanks of this application are to be filled in with explanation by the applicant. Incomplete applications will not be accepted. 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. S 17, T02 S. R24 E, Lot 7A L 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: 8t" 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: 8t" Avenue & Old Hwy 10 W Intersection Cost of extension of approved service: $511,800 Streets: How cost determined: Engineer's estimate of probable cost Timeframe for installation: Spring 2025 How financed: Private Is there any adjoining County ROW to the proposed annexation: the site fronts Old HM 10 W and 1911 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. Requests for annexations are referred to the City -County Planning Board for recommendation to the City Council. Within 30 days after receiving the properly filled 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. 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 Attomey April 2008 2 AFFIDAVIT OF WAIVER OF PROTEST BEFORE THE CITY COUNCIL OF THE CITY OF LAUREL, MONTANA FOR THE ANNEXATION OF THE HEREIN DESCRIBED PROPERTY AND CREATION OF ANY FUTURE SPECIAL IMPROVEMENT DISTRICT The undersigned hereby waives protest to the annexation of the property described below by the City of Laurel. Undersigned also waives their right to seek judicial review under M.C.A. § 7-2-4741 (2007), subsequent to the City's annexation of the below described property. The undersigned hereby additionally waives protest to the creation of future Special Improvement District(s) created and/or formed for future street improvements including, but not limited to, paving, curb, gutter, sidewalk and storm drainage or any other lawful purpose. This Affidavit is submitted pursuant to and as a part of the Annexation Agreement and future contemplated Subdivision Improvement Agreement (SIA) with the City of Laurel. This Affidavit of Waiver shall run with the land and shall forever be binding upon the Grantee, their transferees, successors and assigns. LEGAL DESCRIPTION OF THE PROPERTY: "WESTBROOKS SUED. S17, T02 S. R24 E. Lot 7A1. AMND TR 6A & 7A & POR TR 5 LESS HWY ROW (18)„ DATED this t day of Grantee Name: Hans itzi Eger STATE OF Pc:"�,��,�- ) ss. County of �(!' (Jr. On thi0ay of �� �� , 20,� , personally appeared before me, -) Cl11 j -.71—i T Zt r, -k:"4 _ proved to me on the basis of satisfactory evidence to be the person(s) whose names) are subscribed to this instrument, and acknowledged the he/she/they executed the same. IN WITNESS WHEREOF, I have hereunto set my'wid and affixed my Official Seal on the day and year in this certificate first above written. Notary Public for the State of (SEAL) Residing at: My Commission Expires: Commonwealth of Pennsylvania • Notary Sea! MAUREEN A. BRINSFIELD - Notary Public Montgomery County My Commission Expires February 28. 2026 Commission Number 1416386 March 6, 2024 Kurt Markegard, Planning Director City of Laurel 115 West Vt Street Laurel, MT 59044 Re: Letter of Authorization Laurel, MT Love's Development Project Dear Mr. Markegard: This letter will serve as authorization for Love's Travel Stops and Country Stores, Inc. (Love's), and their Agent, JSA Civil, LLC, to prepare and process the necessary documents relative to the annexation, zoning assignment, utility extensions, and site development permitting for Tract 7A-1 of the Westbrook's Subdivision (Yellowstone County TPN 03082117207010000). Signed: Hans Stitzinger � ' a,,v Signature STATE OF ) ss. County of Date On this day of i1'I C ��_-+'� , 20_i,�!, 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 WFIEREOP, I have hereunto set my hand wtd affixed my Official Seal on the day and year in this certificate first above written. 1 Notary Public for the State of �,.c- (SEAL) Residing at: 1-1; t0-1n.:,,1.1� My Commission Expires: Commonwealth of Pennsylvania - Nota: y Seat MAUREEN A. BRINSFIELD • Notary Pubiic Montgomery county My Commission Expires February 28. 2026 Commission Numbe, 1416386 AFFEDAVIT OF WAIVTR OF PROTEST BEFORE THE CITY COUNCIL., OF THE Cfl-Y OF LAUREL, MONTANA FOR THE ANNEXATION OF THE HEREIN DESCRIBED PROPERTY AND CREATION OF ANY FUTURE SPECIAL IMPROVEMENT DISTRICT The undersigned hereby waives protest to the annexation of the property described below by the City of Laurel, Undersigned also waives their right to seek judicial review wider M.C.A. § 7-2-4741 (2007), suGseque:nt to the City's annexation of the below described property_ 'i7ie undersigned hercby additionally waives protest to the creation of future Special Itnprovcment District(s) created and/or formed for future street improvements including, but not limited to, paving, curb, gutter, sidewalk and storni draitnge or any other lawful purpose. This Affidavit is submitted pursuant to and as a part of the Annexation Ag-eu ment and future contemplated Subdivision Improvement Agreement (SIA) with the City of Laurel, 17tis Affidavit of Waiver shall run with the land and shall forever be binding upon the Grantee, their transfer-ees, successors and assigns. LEGAL DESCRIPTION OF THE PROPERTY: "WESTBROOKS SUIID. S17, '1'02 S. R24 E, L,ot 7A1, AM' TR 6A 1tc 7A & POR_IR S LESS HIl1VY ROW 18 " DATED this % oZ- day of iantee Name: James F4ti(An&r, Jr. STA rF- OF-P'go 14,wkloli`a—) County On this day f ��r h /� , 2U , personally appeared before me, l �t iyt� 5 � 'fill t/11i glC J r• proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) a& subscribed to this instrument, and acknowledged the lie/she/they executed the same. IN WITNESS WHEREBY', I have hereunto set my hand and affixed my Official Seal on the day and year in this certificate first above written, _ (SEAL,) Commonwealth of Pennsylvania - Notary Seal KYLE ANN FRANCIS - Notary Public Bucks County My Commission Expires April 18, 2025 Commission Number 1052987 i�Lrtit/►�� Not Public for the State of 1. 00jAiA- Residing at: jz j a My Comtnission Expires: March 6, 2024 Kurt Markegard, Planning Director City of Laurel 115 West 1S1 Street Laurel, MT 59044 Re: Letter of Authorization Laurel, MT Love's Development Project Dear Mr. Markegard: This letter will serve as authorization for Love's Travel Stops and Country Stores, Inc. (Love's), and their Agent, JSA Civil, LLC, to prepare and process the necessary documents relative to the annexation, zoning assignment, utility extensions, and site development permitting for Tract 7A-1 of the Westbrook's Subdivision (Yellowstone County TPN 03082117207010000). Signed: James F. Stiizinger, Jr. S 140>-5 f _.v' ..z e`� 1 ..-=ice / , �ti. W --,/ I Signature / ` Date STATE OF P" n 6qI k)Aw.t 4�11 ss. County of . (l,jGS ) On this ,� day of�d , 202y, pei-sonally appeared before me, Tf ( proved to me on the basis of satisfactory evidence to be the persons) whose names) ar6 subscribed to this instrument, and acknowledged the helshelthey 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. (SEAL) &, 6z", 2�2�� Notary ublic for the State of C) Residing at: My Commission Expires: Try Commonwealth of Pennsylvania - Notary Seal KYLE ANN FRANCIS - Notary Public Bucks County My Commission Expires April 18, 2025 Commission Number 1052997 AFFHDAVIT OF WAIVER OF PROTEST BEFORE THE CITY COUNCIL OF THE CITY OF LA , L1, MONTAI` A FOR THE Al`\1NEiATIIO1�1 OF THE HEREgl`� DESCRIED PROPERTY AND CREATION OF ANY FUTURE SPECIAL EWPROVEIVLENT DISTRICT The undersigned hereby waives protest to the annexation of the property described below by the City of Laurel. Undersigned also waives their right to seek judicial review under M.C.A. § 7-2-4741 (2007), subsequent to the City's annexation of the below described property. The undersigned hereby additionally waives protest to the creation of future Special Improvement District(s) created and/or formed for future street improvements including, but not limited to, paving, curb, gutter, sidewalk and storm drainage or any other lawful purpose. This Affidavit is submitted pursuant to and as a part of the Annexation Agreement and future contemplated Subdivision Improvement Agreement (SIA) with the City of Laurel. This Affidavit of Waiver shall run with the land and shall forever be binding upon the Grantee, their transferees, successors and assigns. LEGAL. DESCRIPTION OF THE PROPERTY: "WESTBROOKS SUBD, S17. T02 S. R24 E, Lot 7A1, AMND TR 6A & 7A & POR TR 5 LESS HWY ROW 08 " DATED this J day of �_ 20 a4 rantee Name: Mic 1 Stitzing STATE OF P , I ) ss. County of �n this _ day of �� -Gb1 , 20, personally appeared before me, AA r i Ll .-.�1 -S'fl 2� ✓ �> �' proved to me on the basis of satisfactory evidence to be the person(s) whose names) aP6 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 fast above written. into Public for the State of (SEAL) Residing at: l �f �I b/ C �? Jar B Commonwealth of Pennsylvania - Notary Seal My Commission Expires: KYLE ANN FRANCIS - Notary Public Bucks County My Commission Expires April 18, 2025 Commission Number 1052987 March 6, 2024 (Curt Markegard, Planning Director City of Laurel 115 West 1-1` Street Laurel, MT 59044 Re: Letter of Authorization Laurel, MT Love's Development Project Dear Mr. Markegard: This letter will serve as authorization for Love's Travel Stops and Country Stores, Inc. (Love's), and their Agent, JSA Civil, LLC, to prepare and process the necessary documents relative to the annexation, zoning assignment, utility extensions, and site development permitting for Tract 7A-1 of the Westbrook's Subdivision (Yellowstone County TPN 03082117207010000). Signed: Michael Stitzinger STATE OF �Lt41 ;ulU iu�i6.�) ss. County of ,5LLG k6 ) this Q- day of f✓ r�-1� . 20 ,personally appeared before me, 'L I I A r� � fib., r t-4 rzt proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) are-s bscribed 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- Now4 Public for the State of �N i�.5 cal l� iv (SEAL) Residing at: LA (I f 6 (i �' { l , My Commission Expires: [KYLE monwealth of Pennsylvania - Notary Seal ANN FRANCIS -Notary Public Bucks County y Commission Expires April 18, 2025 Commission Number 1052987 Engineering I Planning I Management Technical Memorandum To: City of Laurel From: Nick Wheeler I 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/1-90 Business. The site is located west of the Laurel city limits, with roadway frontages along Old Hwy 10 to the north and 191h Avenue/1-90 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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Y ba ba a [,IIR §1H d I- - 9 Y9iIR 3�1 a U�yRWW �5S8WW 91TIR & I a C g I b IlC4i 8 - s � r� - F, g b$ I a $s a s§IP Ids§MWW 6a� a $ °s I ISeIR SS 3 I dj b g4 8yo Rvsf{ .I. ~y b ff91R c ' $ 6gg� I g���l� 16➢1ll $6' I � B121R �I; nIIIg{III'� I b a �mb �2cs O'fn33S'W-K3WWiVM1N r3 01X1335'000E3N(1H71W1 st p sf A „vlem�mnv�m�.,.�',�mn:�6�.mvlmnsszvlle-n. [..w �n-�aoa Waww SA v� Engineering I Planning I Management LOVE'S TRAVEL STOP LAUREL, MT ENGINEER'S ESTIMATE OF PROBABLE CONSTRUCTION COST - FOR WORK IN ROW # DESCRIPTION QUANTITY UNIT UNIT COST EXTENSION 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 HYDRANTASSEMBLY 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 M `JJ.Nn00 3NOlSMO-1l3A INWd `3bZN 'SZl 1L6 N0003S NOISInlaens S.AOONS1S3M � !o 4-VL 10"I SdOiS monal SAAO-1 133HS F • o•• o a l o o®© � i a 8 I �\ on '30VUV1S NOOMELLS3M —..—... ..—_ ams aru�•n ro.l OL Qlllvb ld, rnA 3�rtl Swl'l DOI=.l-3ltloa ocsaun •e nn l3Ls-urnoxum°m i1-4L) dtlO :AS NM"C3 =�A ggH Ilk- s 3 F •i33 §€ sFeR 3t�d4 a a � 9 a 3 �3 9 a K9• lj qgg¢¢ $i5d's�L eggig��e§ . k ar3 as a n pron ro p8 3 �-dl R_dl E f5 ;e cd 3p8 5� g�� HIM. �. � iil e- a F�� i E�e E FA°n I Jell cogs °,s X11fil �i1 - 1�.° ag B g as £ , £$ 9 ¢ o F g gill I"!�P H,1!�'1,1-hlil , --� b d b b b b d b b d b b b b b Baron do um 3 I i i I I NZZa� W J Q ya om�0 z I I I I I I I 9 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 propertv 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: I Lot number: I 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 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 nrooerty 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 nroaerty 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 orooerty 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 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: I 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 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: I Lot number: 3 Certificate of Survey: Tract number: Click for property tax detail Taxcode: D02801 Geocode: 03082117109010000 Recording number: roperty owner: W D TOWR=GRIP CO INC-- - - -- Subdivision: WESTBROOKS SUB Block number: NONE Lot number: 2 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: I 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: I 1 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 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:I Block number: I 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: IC 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:I 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:IA Block number: 1 Lot number: IA2 Certificate of Survey: Tract number: Click for property tax detail Taxcode: 903042 Geocode: 03082117190500000 Recording number: Property owner: MATRIARCH CONSTRUCTION INC Subdivision: FIGGINS SUB Block number: I 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 (501/o) 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 I 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 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 orooerty 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 nrooerty 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 orooerty 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 oronerty 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 nrooerty tax detail Taxcode: D02830B 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 orooerty 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 uroperty 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 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 this public hearing may be directed to the Planning Director at 406-628-4796 ext. 5305, or via email at citypIannerPIaureI.mt. gov CITY HALL 115 W. 1 ST ST. City Of Laurel PUB. WORKS: 628-4796 WATER OFC.: 628-7431 COURT: 628-1964 P.O. Box 10 FAX 628-2241 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 Subdivision 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. 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". y= Highway commercial (HQ 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. 2 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: 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: 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. 111. 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. VI I. 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. E 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. E 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. 0 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. 7 in Recommendation for Zoning "Highway Commercial" LAUREL - YELLOWSTONE CITY -COUNTY PLANNING BOARD The Laurel- Yellowstone City - County Planning Board voted unanimously on April 17th, 2024, to recommend the assignment for zoning of "Highway Commercial" for property described as 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 and adjacent right of way. The planning board moved, seconded, allowed for public comment, and then voted unanimously to recommend to the Laurel City Council to approve the zoning designation for the above -described property if the City Council approves of the annexation request. Dated this 17th day of April 2024. Laure�/- Yellowstone City County Planning Board Judy ,Goldsby President tive Secretary