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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 PREPARED BY : SANDERSONSTEWART BiLLRICS. kwmwA ..�� —. _: .."�_ ..- Yc:..r- r�"Sc.�,--_—i►' ';. -fir{. i i 4 r o���asca nc r. r c<V LOi IA Q� .Uwi�H M/• t.r0�•Ula�.}[.A .ti •. w • .r..r..�.r a�_. r w...aa�..ter. -. r .. 4061343. M1'i1hld�y�'A'!lwnrM� Exhibit A—Annexation Area Lot lA and adjacent rights of way S WOW E 3n.77' �I SOS o 0l o LOT 1 A m 213,325 SF 0 4.8973 AC � 3 � n M� v u� � r � o Z y N 89'46'28" W 33 9.66' (RCC N 89 s.s" w J it EIGHTH Slh 3' 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