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Home My WebLink AboutResolution No. R25-57 RESOLUTION NO. R25-57 RESOLUTION OF CITY COUNCIL APPROVING FINAL ANNEXATION OF PROPERTY LEGALLY DESCRIBED AS THE AMENDED PLAT OF LOTS 1 & 2 OF NUTTING BROTHERS SUBDIVISION, SECOND FILING, LOT 1A, 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 on the 23`d day of February 2024 to the City of Laurel by the Laurel Public Schools, who is the property owner (hereinafter "Petitioner") of certain real property situated in Yellowstone County, Montana; WHEREAS, the real property is generally described as the Amended Plat of Lots 1 & 2 of Nutting Brothers Subdivision, Second Filing, Lot IA,Yellowstone County,Montana. 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 a Public Elementary School; 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 "Public"; WHEREAS, pursuant to the City of Laurel's Annexation Policy, on the 23`d day of April 2024, the City Council considered various criteria when it received and initially considered the 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 decided to condition the approval of the annexation in order to meet the criteria listed in the City of Laurel's Annexation Policy and the parties' Annexation Agreement; WHEREAS, Petitioner currently seeks Final Annexation of its property into the City of Laurel, as Petitioner has completed the terms of the Annexation Agreement, 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 required the mutual-approval of a Development Agreement between the City and Petitioner, which has occurred; WHEREAS, the Laurel City-County Planning Board held a duly advertised public hearing on Petitioner's Petition for Zoning Designation on the 20th day of March, 2024. At the R25-57 Final Annexation of School District Property 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; WHEREAS, the City Council held a duly advertised public hearing regarding Petitioner's Petition for Annexation and Concurrent Approval of Zoning Designation on the 23rd day of April 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; WHEREAS, the Property Owner has complied with all of the terms and conditions of annexation imposed by the Laurel City Council; and WHEREAS, the City is prepared to approve the Final Annexation of the property. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Laurel, Montana, as follows: 1. The owner of record of the territory annexed to the City of Laurel has executed a Petition of Annexation. 2. Pursuant to Mont. Code Ann. § 7-2-46, the incorporated boundaries of the City of Laurel shall be and the same hereby is extended and/or expanded to include 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: Amended Plat of Lots 1 & 2 of Nutting Brothers Subdivision, Second Filing, Lot IA,Yellowstone County,Montana. The real property is generally reflected on Exhibit A, 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 executed 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 executed a Development Agreement, which terms and conditions are made a part of this Resolution and the Petition for Annexation. 6. That the following conditions of annexation have been met: A. All terms, conditions, and requirements of the Annexation Agreement and Development Agreement between the City of Laurel and Petitioner. R25-57 Final Annexation of School District Property B. The Waiver of Right to Protest was recorded with the County Clerk and Recorder within ninety (90) days after the adoption of the original Annexation Resolution. C. Connections to the City of Laurel Water and Sewer Systems have been approved by the City of Laurel's Public Works Department. D. The City of Laurel's Public Works Department has approved all terms and conditions of the Development Agreement, as well as compliance with the same. E. All improvements and infrastructure connections have been completed. 7. The property shall hereby be zoned as "Public." 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 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 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. Introduced at a regular meeting of the City Council on the 12th day of August, 2025, by Council Member Wilke. PASSED and APPROVED by the City Council of the City of Laurel the 12th day of August, 2025. APPROVED by the Mayor the 12th day of August, 2025. Cl IN OF LAURE OF Dave Waggoner, May r �L County R25-57 Final Annexation of School District Property ATTEST: e l irec (Clerk-Treasurer APPRO ED AS TO FORM: Iich LL L Michele L. Braukmann, Civil City Attorney R25-57 Final Annexation of School District Property Exhibit A-Annexation Area Lot lA and adjacent rights of way AMENDED PLAT OF LOTS 1 do 2 OF NUTTING BROTHERS SUBDIVISION, SECOND FILING SITUATED IN THE NW1/4 OF SECTION 10. T. 2 S., R. 24 E., P.Y.Y., YELLOWSTONE COUNTY, MONTANA PREPARED FOR LAUREL PUBLIC SCHOOLS MARCH. 2024 PREPARED BY SANDERSON STEWART BILLINGS. MON"" rAsr '� — M,ARnAAV UAL ' u4 v •r i VI�4'sr� ��t a vyca yr 7•r a u.w ( IV•p 0■1rIT IO.M.llr�1 JC A ., a .�.Ym.—oar. ti Y,'.rr•. fKi�7H smfFr , rr u �A rt•s►art Or two -nwK+ �.�y a..w.• ... eve �� ..,....,.. dr .W:5:�3:C�•' 7S V .._... .«_ter._.,._— ._r...r...ems ..... •�.s_.••_.m_ _•-••.•_ mrurc a raven 7cwvc• �..� St -� Fv/r•hi..initirwiry«� . s� ExhibitA—Annexation Area Lot lA and adjacent rights of way NEW L;N' s a9'4S26' 339.77' �I � ry yet c 0� LOT 1 A m 213,325 SF n 4.8973 AC W 3� a ^ � M r T � o z N ~� N 89'46'28' W 339.66' (RCC )v Q9 45' w J40 ' EIGHTH STFr :• 3'