HomeMy WebLinkAboutResolution No. R25-57 (2) 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 201h 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
23`d 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 121h day of
August, 2025.
APPROVED by the Mayor the 121h day of August, 2025.
C'I"l l' OF LAURE
Dave Waggoner, May r
1
R25-57 Final Annexation of School District Property
ATTEST:
//I/0" 4h Ile*
e 1 trec Jerk-Treasurer
APPRO El) AS TO FORM:
tliih&
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 & 2 OF
NUTTING BROTHERS SUBDIVISION, SECOND FILING
SITUATED IN THE NW1/4 OF SECTION 10. T. 2 S.. R. 24 E.. P.Y.M..
YELLOWSTONE COUNTY, MONTANA
PREPARED FOR LAUREL PUBLIC SCHOOLS UARCK 2024
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Exhibit A—Annexation Area Lot lA and adjacent rights of way
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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:
" Amended Plat of Lots 1 &2 of Nutting Brothers Subdivision, Second Filing, Lot 1A �
DATED this a� day of ,20�.
Laurel Public Schools
Grantee Name
(Company..)
STATE OF Montana )
)ss.
County of Yellowstone )
On thi�Zf ,20 a IF,personally appeared before me,
proved to me on the basis of satisfactory evidence to be
the person(s)whose name(s)are subscribed to this instrument, and acknowledged the he/she/they executed
the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Official Seal on the day
and year in this certificate first above written.
STRF ;RenWng
LLY STRECKER
mac........... o P or th tate of
��. F RY PUBLIC for the
(SEAL) * SEAL is' ate of Montaana Residing at
a .}! at Big Hom.Montana My Commissio xpiresomrrusrrow Expires
�r ra Match 5,2028
1
Return to:
Laurel Public Schools
410 Colorado Ave.
Laurel,Montana 59044
ANNEXATION AGREEMENT
THIS ANNEXATION AGREEMENT is made this -VA- day of M ,
2024, by and between the LAUREL PUBLIC SCHOOLS, with a mailing address at 410
Colorado Avenue, Laurel, Montana 59044, (the "Owner"), and the CITY OF LAUREL,
MONTANA, a municipality within the State of Montana, with a mailing address at 115
West 1st Street, Laurel, Montana, 59044 (the "City").
WHEREAS,the Owner is the owner of certain real property situated in Yellowstone
County, Montana, more particularly described as follows:
Amended Plat of Lots 1 & 2 of Nutting Brothers Subdivision, Second Filing,Lot
1A; according to the official plat on file and of record in the office of the Clerk
and Recorder of said County, hereinafter referred to as "Owner Tract" as well as
all adjacent public right-of-way.
WHEREAS, the Owner has submitted to the City a Petition for Annexation to the
City for Owner Tract; and
WHEREAS, the Owner desires to annex Owner Tract to the City; and
WHEREAS, the City has approved the Petition for Annexation by Resolution No.
Q-14-5W3 for the Owner Tract contingent on the conditions of approval contained
herein, as well as that a Development Agreement be executed between the City and the
Owner to identify required off-site infrastructure improvements and guarantees of those
improvements, as well as any other matters required by the City in order to ensure proper
annexation
NOW THEREFORE, in consideration of the mutual promises and covenants
contained herein, the parties do hereby agree as follows:
1. Roads and Access. The Owner Tract shall be accessible by Alder Avenue and East
8th Street. No surface improvements to Alder Avenue or East 8th Street will be constructed
upon annexation beyond pavement restoration for utility extensions. The City shall rely on
the attached Waiver filed concurrently herewith,to ensure the installation of any or all future
public road improvements.
P:23103 Laurel Public Schools Annexation Agrmt 1 (4/11/24)BSA/vp
2. Water Svstem Extension. The Owner Tract shall be served by the City Water
System. Owner intends to tie into the existing water mains in Alder Ave. and extend them
north to the intersection of Alder Ave. and E. Maryland Lane. This extension goes beyond
the boundaries of the property being annexed. The new waterline shall be an 8-inch water
main. Owner shall provide a Water System Design Report. The installation shall meet the
requirements of MTDEQ Circular 1. The Water System Design must be reviewed and
approved by the City of Laurel and must meet all requirements of the newly-adopted City of
Laurel Standards for Public Works Improvements.
3. Sanitary Sewer System Extension. The Owner Tract shall be served by the City
Sanitary Sewer System. No improvements other than service connection are contemplated
herein. Owner shall provide a Sanitary Sewer System Design Report that estimates the
amount of wastewater production from the school and clearly demonstrates that adjacent
sewer mains have capacity to accept those additional flows. The Sanitary Sewer System
Design must be reviewed and approved by the City of Laurel and must meet all requirements
of the newly-adopted City of Laurel Standards for Public Works Improvements.
4. Storm Sewer Collection Svstem. Owner shall provide a Storm Sewer Collection
System Design Report that demonstrates the available capacities of the downstream Storm
Sewer Collection System. The Storm Sewer System Design must be reviewed and approved
by the City of Laurel and must meet all requirements of the newly-adopted City of Laurel
Standards for Public Works Improvements.
5. Right-of-Way. All rights-of-way for Alder Avenue and East 8th Street have been
previously dedicated. No additional rights-of-way dedications are proposed.
6. Other Public Improvements.For any other improvements not specifically listed in
this Agreement, the City shall rely on the attached Waiver filed concurrently herewith, to
ensure the installation of any or all remaining public improvements. Said improvements shall
include, but not be limited to, street construction and paving, curb, gutter, sidewalks,
driveways, storm drainage, and street lighting. The attached Waiver, waiving the right to
protest the creation of one or more Special Improvement Districts, by this reference is
expressly incorporated herein and part hereof. All of the Owner properties can be included
in a Special Improvements District for improvements identified in Annexation Agreement
regardless of location of individual properties in relation to the improvements.
7. Development Agreement. This Agreement, and any approval of annexation of the
property, pursuant to the Owner's Petition for Annexation, is contingent upon a mutually-
agreeable Development Agreement between Owner and the City. Should Owner and the
City not be able to reach a mutually-agreeable Development Agreement, Owner
acknowledges and fully understands that any previously-approved annexation of the
property will be considered null and void.
8. Future Intersection Contributions.No intersection contributions are required upon
annexation.
P:23103_Laurel_Public_Schools Annexation Agrmt 2 (4/11/24)BSA/vp
9. Late Comers Agreement.No Late Comers Agreement is made with this annexation.
10. Zoning. The Property is to be zoned as Public.
11. Compliance. Nothing herein shall be deemed to exempt the Owner 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.
12. 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.
13. 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.
14. Amendments and Moditicatioiis. 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 a part of this Agreement.
IN WITNESS WHEREOF,the parties have executed this Agreement as of the day
and year first above written.
LAUREL PUBLIC SCHOOLS
�1
By:
Title:
Or "Owner"
STATE OF MONTANA )
ss.
County of Yellowstone )
On thisa/day of , 2024, before„a Notary Public in and for
the State of Montana,personally ap6ared Dr'( , known to me to be
the person who signed the foregoing instrument as of Laurel
Public Schools, and who acknowledged to me that said the Owner executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial
Seal the day and year hereinabove written.
P:23103 Laurel_PubiiC_SchooIs—Annexation Agrmt 3 (4/11/24)BSA/vp
of c inqad for the tate of Montana
Printed name:
Residing at: 'T
sr Fo KELLYSTRECKER My commissio xpires:��
NOTARY PUBLIC for the
*_ SEAL .* State of Montana
a; Q Residing at Big Horn,Montana
My Commission
Expires
March 5,2028
P:23103 Laurel Public Schools_Annexation Agrmt 4 (4/11/24)BSA/vp
This Agreement is hereby approved and accepted by the City of Laurel,this 14 day
of k\,kc&- A ,20 2�
` 1111111„110� CITY OF LAUREL MONTANA
LAURE'yy
' sz: By:
-�: SEN .! Mayor
06.
Attest:
''1;ur1161%I N Clerk
"City" .
STATE OF MONTANA )
:ss
County of Yellowstone )
On this Llt--day of , 2024, before me, a Notary Public for
the,State of Montana, personally appeared - d kfiaonaAlr , and
t''t C P ,known to me to be ille 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.
���R•�gt�o AMBER HATTONL
NOTARY PUBLIC for the
�''�°T •`Z State of Montanai ok
SEAL ;2� Residing at Billings,Montana Notary Public in and for the tate of Montana
9 01: P My Commission Expires Printed name:
May 31,2026
Residing at:
My commission expires: ✓140 31, 2na
Approved as to form:
City Attorney
P:23103_Laurel_PUbliC_Schools—Annexation Agrmt 5 (4/11/24)BSA/vp
Return to:
Laurel Public Schools
410 Colorado Ave.
Laurel,Montana 59044
DEVELOPMENT AGREEMENT
THIS DEVELOPMENT AGREEMENT is made this \L\ day of 01�am_,
2024, by and between the LAUREL PUBLIC SCHOOLS, with a mailing address at 410
Colorado Avenue, Laurel, Montana 59044, (the "Owner"), and the CITY OF LAUREL,
MONTANA, a municipality within the State of Montana, with a mailing address at 115
West 1st Street, Laurel,Montana, 59044 (the"City").
WHEREAS, Owner is the owner of certain real property situated in Yellowstone
County,Montana, more particularly described as follows (the "Owner Tract"):
Amended Plat of Lots I &2 of Nutting Brothers Subdivision,Second Filing,Lot
1A; according to the official plat on file and of record in the office of the Clerk
and Recorder of said County,hereinafter referred to as "Owner Tract"as well as
all adjacent public right-of-way.
WHEREAS, Owner has submitted to the City a Petition for Annexation to the City
for Owner Tract; and
WHEREAS, Owner desires to annex Owner Tract to the City; and
WHEREAS, the City has approved the Petition for Annexation by Resolution No.
- '�for the Owner Tract contingent on the conditions of approval contained in
the Annexation Agreement and this Development Agreement, as well as any other matters
required by the City in order to ensure proper annexation.
NOW THEREFORE, in consideration of the mutual promises and covenants
contained herein, the parties do hereby agree as follows:
NOW THEREFORE, in consideration of the mutual promises and covenants
contained herein, the parties do hereby agree as follows:
1. Development Summary. The Development consists of the development and
construction of the Owner Tract to be utilized for a public school, consisting
of associated site improvements,including parking,sidewalks,infrastructure,
landscaping, water and sanitary sewer system extensions, signage, and
roadway access.
DEVELOPMENT AGREEMENT- 1
2. Roads a►zd Access. Upon completion of the in-street utility and utility
connections, Owner will install a two-inch asphalt overlay, which shall be
installed across the entire width of asphalt along E. 8th Street and Alder Ave.
The overlay shall be from, to, and including the intersection of E. 8th Street
and Alder Ave., north along Alder Ave., from, to, and including the
intersection with E. Maryland Lane. The overlay on E. 8th Street shall be
from, to, and including the intersection of E. 8th Street and Alder Ave. east
along E. 8th Street from, to, and including the property Owner's eastern
property line. The two-inch asphalt overlay must be reviewed and approved
by the City of Laurel and must meet all requirements of the newly-adopted
City of Laurel Standards for Public Works Improvements.
3. Siknage. Owner shall install stop signs on the east and west ends of E.
Maryland Lane at its intersection with Alder Ave. (making that intersection
a 4-way stop), at any exit from Owner's property to adjacent streets, and on
E. 8th Street where E. 8ch Street intersects with Alder Ave. Owner shall also
install "No Parking" signs along Alder Ave. on Owner's side of the street
from E. 8th Street to E. Maryland Lane. The number and distance between
signs shall be governed by the latest edition of the Manual of Uniform Traffic
Control Devices (MUTCD).
4. Water System Extension. The Owner Tract shall be served by the City Water
System. Owner intends to tie into the existing water mains in Alder Ave. and
extend them north to the intersection of Alder Ave. and E. Maryland Lane.
This extension goes beyond the boundaries of the property being annexed.
The new waterline shall be an 8-inch water main. Owner shall provide a
Water System Design Report. The installation shall meet the requirements
of MTDEQ Circular 1. The Water System Design must be reviewed and
approved by the City of Laurel and must meet all requirements of the newly-
adopted City of Laurel Standards for Public Works Improvements.
5. Sanitary Sewer System Extension. The Owner Tract shall be served by the
City Sanitary Sewer System.No improvements other than service connection
are contemplated herein. Owner shall provide a Sanitary Sewer System
Design Report that estimates the amount of wastewater production from the
school and clearly demonstrates that adjacent sewer mains have capacity to
accept those additional flows. The Sanitary Sewer System Design must be
reviewed and approved by the City of Laurel and must meet all requirements
of the newly-adopted City of Laurel Standards for Public Works
Improvements.
6. Storm Sewer Collection System. Owner shall provide a Storm Sewer
Collection System Design Report that demonstrates the available capacities
DEVELOPMENT AGREEMENT-2
of the downstream Storm Sewer Collection System. The Storm Sewer
System Design must be reviewed and approved by the City of Laurel and
must meet all requirements of the newly-adopted City of Laurel Standards
for Public Works Improvements.
7. Other Public Improvements. For any other improvements not specifically
listed in this Agreement, the City shall rely on the Owner's Waiver filed
concurrently herewith,to ensure the installation of any or all remaining public
improvements. The Waiver, waiving the right to protest the creation of one
or more Special Improvement Districts, by this reference is expressly
incorporated herein and part hereof. All of the Owner's Property can be
included in a Special Improvements District for improvements identified in
both this Agreement and the parties' Annexation Agreement regardless of
location of individual properties in relation to the improvements. All other
public improvements must be reviewed and approved by the City of Laurel
and must meet all requirements of the newly-adopted City of Laurel
Standards for Public Works Improvements.
8. Zoning. The Owner Tract shall be zoned Public (P).
9. Compliance. Nothing herein shall be deemed to exempt the Owner 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.
10. Runs with Land. The covenants, agreements, and all statements in this
Agreement and in the adopted Waiver shall run with the land and shall be
binding on the heirs, personal representatives, successors, and assigns of the
respective parties.
11. 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.
12. Amendments and Modi icatiotis. 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 a part of this Agreement.
DEVELOPMENT AGREEMENT - 3
IN WITNESS WHEREOF,the parties have executed this Agreement as of the
day and year first above written.
CITY OF LAUREL, MONTANA ("CITY")
a%%111 1 oft,,/
.11 OF
• �F'a
S�i',c� T • _ Mayor
Attest:
OU/Jill%Nn Clerk
STATE OF MONTANA )
:ss
County of Yellowstone )
On this H—day of 24—�,before me,a Notary Public for
the State of Montana, personally appeared bowie y)u-a 6y c , and
�j Lj. `k,(f- ej( ,known to ne 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.
�R HqT AMBER HATTON
NOTARY PUBLIC for the
Q:SSE'A? State of Montana Notary Public in and for the State of Montana
* Q Residing at Billings,Montana Printed name:
9'kb 'iio�P� My Commission
May 31,2026�res
Residing at:-y,t I I r r,p4, ,rnT
My commission expires:�I Zvz�Z>
Approved as to Form:
City Attorney
DEVELOPMENT AGREEMENT -4
LAUREL PUBLIC SCHOOLS ("OWNER")
B y:
Title:
STATE OF MONTANA )
ss.
County of Yellowstone )
On this R1 "day of fiq,1zd, 2024, b� ,90
for me, a Notary Public in and for
the State of Montana,personally a eared V known to me to be
the person who signed the foregoing instrument a of Laurel
Public Schools, and who acknowledged to me that said th Owner executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial
Seal the day and year hereinabove written.
�y STRFC KELLYSTRECKER to 1bZind fort tate of Montana
STAR %F NOTARY PUBLIC for theSEAL ,:* State of tMontana Printed nam
Q Residng at Big Hom,!Montana
9'., P� My Commission Expires Residing at:
or•'6ici� March 5,2028 My commission piref; a�
DEVELOPMENT AGREEMENT - 5