HomeMy WebLinkAboutResolution No. R19-43RESOLUTION NO. R19-43
A RESOLUTION APPROVING THE ANNEXATION AND ZONING OF LOT 18,
NUTTING BROTHERS SUBDIVISION 2ND FILING AND LOTS 19-25, NUTTING
BROTHERS SUBDIVISION 3RD FILING, LEGALLY DESCRIBED AS: SECTION 10,
TOWNSHIP 2 SOUTH, RANGE 24 EAST, AS AN ADDITION TO THE CITY OF LAUREL,
MONTANA.
WHEREAS, Goldberg Investment LLP ("Goldberg") submitted an annexation request and
zoning request for Lot 18, Nutting Brothers Subdivision 2nd Filing and Lots 19-25, Nutting Brothers
Subdivision 3rd Filing, described as: Section 10, Township 2 South, Range 24 East, containing
approximately 32.56 acres of land located near the city limits of the City of Laurel, and such described
property to be referred herein as "Developer Tracts" is consistent with the Annexation Agreement
which is to be executed along with this resolution; and
WHEREAS, the requested zoning is Residential Limited Multi -Family (RLMF) for Nutting
Bros 2nd Filing Lot 18 and Nutting Bros 3rd Filing Lots 19-24 and Community Commercial (CC) for
Nutting Bros 3rd Filing Lot 25; and
WHEREAS, the City Planner prepared staff reports regarding the annexation and zoning
requests and recommends the approval of the annexation and zoning requests based on the criteria,
analysis and findings contained in the Staff Reports dated November 21, 2018 and January 7, 2019
which are attached hereto and incorporated herein; and
WHEREAS, the Laurel City -County Planning Board considered the annexation and zoning
requests at their January 3, 2019 meeting and recommended approval of the annexation and zoning
requests that were submitted by Goldberg; and
WHEREAS, the City Council held a public hearing to gather evidence from the public
regarding the annexation and zoning requests in which no objections were noted or received into the
record; and
WHEREAS, the City Council reviewed the Laurel City -County Planning Board Minutes,
contents of their file, and the City Planner's Staff Reports dated November 21, 2018 and January 7,
2019, and based upon all documents contained in the official record, the City Council hereby adopts
the Findings of Fact and Conditions of Approval, as its own Findings and Conditions as incorporated
herein; and
WHEREAS, Goldberg has provided a Title Guarantee regarding title and ownership concerns
on the originally filed subdivision documents which were identified and presented by City staff at the
City Council Workshop on February 26, 2019 and subsequently discussed at length with Goldberg;
and
WHEREAS, Goldberg has provided an updated Annexation Agreement that shall be executed
along with this resolution which meets city requirements, satisfied the comments of city staff, and is
in the best interests of the city; and
R19-43 Lot 18, Nutting Brothers Subdivision 2nd Filing and Lots 19-25, Nutting Brothers Subdivision 3rd Filing
WHEREAS, the City Council of the City of Laurel has determined that it is in the best interests
of the City and the inhabitants thereof, and of the land owner that the requested annexation and zoning
be approved as recommended by the Laurel City -County Planning Board, and that in accordance with
the conditions for approval included in the attached Staff Report;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Laurel, Montana,
that the City Council hereby approves the annexation and zoning requests filed by Goldberg
Investment LLP subject to and in accordance with all the terms and conditions contained in the
attached Staff Reports attached hereto and incorporated herein; and
BE IT FURTHER RESOLVED, the City Council hereby adopts the Findings of Fact contained
in the attached Staff Report as its own; and
BE IT FURTHER RESOLVED that the City Council hereby approves the annexation and
zoning requests submitted by Goldberg Investment LLP subject to and in accordance with all the
terms and conditions contained in the attached Staff Report as follows:
1. Pursuant to MCA Section 7 -2 -Part 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
the Request for Annexation as additionally described below.
2. Pursuant to MCA §7-2-4211, the annexation specifically includes the full width of any
public streets or roads, including the rights-of-way, that are adjacent to the property being
annexed.
3. The owner of record of the territory annexed to the City of Laurel has executed a Request
for Annexation and a Plan of Annexation.
4. The following described territory is hereby annexed to the City of Laurel:
Nutting Bros 2nd Filing, 510, T02 S, R24 E. Lot 18 and Nutting Bros 3rd Filing, Lots
19-25 (32.56 acres) according to the records on file and of record in the office of the
Clerk and Recorder of Yellowstone County, and the annexed property includes the full
width of any public streets or roads, including the rights-of-way, that are adjacent to
the property being annexed.
5. The Zoning for the annexed territory described above shall be Residential Limited Multi -
Family (RLMF) for Nutting Bros 2nd Filing Lot 18 and Nutting Bros 3rd Filing Lots 19-24 and
Community Commercial (CC) for Nutting Bros 3rd Filing Lot 25.
6. Goldberg Investment LLP shall complete and satisfy all of the conditions contained in the
Staff Report dated January 7, 2019, attached hereto and incorporated herein, before the
annexation is finalized by recording the Resolution.
7. 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 of said minutes with the Yellowstone County Clerk and Recorder.
R19-43 Lot 18. Nutting Brothers Subdivision 2nd Filing and Lots 19-25, Nutting Brothers Subdivision 3rd Filing
Wilke.
2019.
8. From and after the date that the City Clerk -Treasurer files such certified copy of this
Resolution and of the Council minutes in the office of 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 August 20th, 2019, by Council Member
PASSED and APPROVED by the City Council of the City of Laurel this 20th day of August
APPROVED by the Mayor this 20th day of August 2019.
CITY OF LAYREL
omas C. Nelson, Mayor
T:
Bethany Lagge, Cork -Treasurer
Approved
Sam S. Painter, Civil City Attorney
R19-43 Lot 18, Nutting Brothers Subdivision 2nd Filing and Lots 19-25, Nutting Brothers Subdivision 3rd Filing
CITY HALL •
115 W. IT ST. c1ty V1 Laurel
PLANNING: 628-4796
WATER OFC.: 628-7431
COURT: 628-1964 P.O. Box 10
FAX 628-2241 Laurel, Montana 59044
August 7, 2019
Office of the City Planner
Regarding the Proposed Yard Office Annexation of Nutting Bros 2"d Filing Lot 18 and Nutting Bros 3d
Filing Lots 19-25
Mayor and City Council,
I request that the Council consider the previously proposed Yard Office Annexation of Nutting Bros 2"d
Filing Lot 18 and Nutting Bros 3d Filing Lots 19-25. This annexation was discussed at the Planning
Board Meeting on January 3d, 2019 and at City Council Workshops on January 29'h 2019 and February
261' 2019. The annexation was taken off the Council agenda due to issues relating to the initial plat and
possible ownership and title concerns. Performance Engineering investigated the concerns raised after
these Workshop sessions and a subsequent meeting with City and County staff.
Performance Engineering has now provided:
➢ A Title Guarantee regarding the title and ownership issues previously raised,
➢ An updated Annexation Agreement which satisfied the City Planner, Public Works Director, and
City Attorney's comments, and
➢ A map detailing the area proposed for annexation.
City staff believes that the annexation is now ready to be reviewed by City Council members for possible
approval. Thank you for your consideration of this matter,
Nicholas Altonaga
eCity P nner
Return to:
Performance Engineering
608 North 29" St.
Billings, MT 59101
THIS ANNEXATION AGREEMENT is made this day of , 20
, by and between Goldberg Investments, LLC, P.O. Box 909, Laurel, MT 59044
hereinafter referred to as "DEVELOPER," and the CITY OF LAUREL, MONTANA, a
municipal corporation, c/o City Hall, 115 West I st Street, Laurel, Montana, 59044,
hereinafter referred to as the "CITY."
WHEREAS, DEVELOPER is the owner of certain real property situated in
Yellowstone County, Montana, more particularly described as follows:
Lot 18 Nutting Bros 2"d Filing and Lots 19-25 Nutting Bros 31d Filing;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 "Developer Tracts" as well as all adjacent
public right-of-way.
WHEREAS, DEVELOPER has submitted to the City a Petition for Annexation to
the City for Developer Tracts; and
WHEREAS, DEVELOPER desires to annex Developer Tracts to the City; and
WHEREAS, CITY has approved the Petition for Annexation by Resolution No. _
for the Developer Tracts contingent that a Development Agreement
be executed between CITY and DEVELOPER to identify required off-site infrastructure
improvements and guarantees of those improvements.
NOW THEREFORE, in consideration of the mutual promises and covenants
contained herein, the parties do hereby agree as follows:
Roads and Access. The Developer Tracts shall be accessible by way of
accesses along East 8`" Street and Yard Office Road. Access locations and all
proposed interior roads shall be evaluated and reviewed at the time of
DA- I
subsequent subdivision review by the CITY. All roads and accesses shall
meet City of Laurel standards.
DEVELOPER shall be responsible for widening the north half of East 8`h
Street and the installation of curb, gutter and pedestrian sidewalk along the
Developer Tract frontage. DEVELOPER shall be responsible for widening
the east half of Yard Office Road and the installation of stormwater facilities
and pedestrian sidewalk along the Developer Tract frontage.
2. Sanitary Sewer. Developer Tracts shall be served by existing sanitary sewer
main located in the alley between Locust Ave. and Mulberry Ave.
DEVELOPER shall be responsible for connecting and extending a low-
pressure sanitary sewer system from the Developer Tracts along East 8`h
Street to the existing sewer main at the time of subdivision prior to receiving
a building permit for any development. Wastewater system development fees
shall be paid by the lot owner and/or developer at the time of connection and
shall be based on water service line size.
Water. Developer Tracts shall be served by an existing 8 -inch water main
along East 8`h Street and Yard Office Road. DEVELOPER shall be
responsible for connecting and extending the water system to the interior of
the Developer Tracts at the time of subdivision prior to receiving a building
permit for any development. Water system development fees shall be paid
by the lot owner and/or developer at the time of connection and shall be based
on water service line size.
4. Storm Drain. The CITY does not have existing curb and gutter infrastructure
along East 8th Street or Yard Office Road. Curb and gutter will be installed
along East 8th Street tying into existing drain ditches at its termination on
either end. Storm ditches will be used to manage runoff along Yard Office
Road with ditches tying into existing drainage ditches at either end of the
frontage. The DEVELOPER shall manage storm drainage within the
Developer Tracts in accordance with the City of Laurel and state of Montana
Standards. DEVELOPER shall be responsible for constructing storm drain
along the Developer Tract frontage of East 8`h Street and Yard Office Road
at the time of subdivision prior to receiving a building permit for any
development. Any stormwater improvements completed within the City of
Laurel right-of-way shall be reviewed and approved by the City of Laurel
prior to construction.
Stormwater from future interior streets included within the boundary of the
Developer Tracts will be collected and routed to a stormwater detention area
located within the Developer Tracts. Stormwater can be released from the
DA -2
detention area, at a rate not to exceed the pre -development runoff conditions,
into existing City storm drains located in East 8th Street and Yard Office
Road.
5. Right_of-Way. DEVELOPER shall dedicate 35 -feet of right -of --way,
measured from the centerline, to create East 811 Street right-of-way meeting
the 70 -foot residential collector width as shown in City Standards.
DEVELOPER shall dedicate right-of-way for Eleanor Roosevelt Drive to
achieve the 70 -foot residential collector width, where possible, to meet City
Standards. DEVELOPER shall dedicate 40 -feet right-of-way, measured from
centerline, along Yard Office Road to provide half of the commercial
collector width as shown in City Standards. All right-of-way dedication shall
be done either at the time of subdivision of the subject property or prior to
issuance of a building permit on any of the subject lots.
6. Future Intersection Contributions. DEVELOPER shall be required to make
cash -in -lieu contributions toward the improvement costs associated with the
future intersection improvements, as outlined in an approved Traffic Impact
Study (TIS) at the time of subsequent subdivision.
7. Late Comers Agreement. For any improvements made to water, sewer, or
infrastructure by the DEVELOPER within public right-of-way and dedicated
to the CITY, the CITY shall impose a Late Comers Agreement on any other
user connecting to said improvements. The DEVELOPER shall be entitled to
collect reimbursement of the proportionate share of the improvement costs
upon connection by any other user for a period of 7 years. This agreement
shall conform to L.M.C. Chapter 12.38.
8. Zonine. The CITY shall provide Residential -Light Multi -Family (RLMF)
zoning to Lot 18 of the Nutting Bros Subdivision 2"d Filing and Lots 19-24
of the Nutting Bros Subdivision 3`d Filing and Community Commercial (CC)
to Lot 25 of Nutting Bros Subdivision 3`d Filing upon execution of this
agreement. Failure to implement zoning shall result in the remaining
conditions of the agreement being null and void.
9. 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 insure 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, 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.
ryl
8. Compliance. Nothing herein shall be deemed to exempt the Developer Tracts
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.
9. 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.
10. Attornev'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.
11. 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 a part of this Agreement.
DA -4
IN WITNESS WHEREOF, the parties have executed this Agreement as of the
day and year first above written.
"DEVELOPER" GOLDBERG INVESTMENTS, LLC
STATE OF MONTANA
:ss
County of Yellowstone
am
Title:
On this day of '20 before me, a Notary Public in
and for the State of Montana, personally appeared known to
me to be the person who signed the foregoing instrument as of
DEVELOPER, and who acknowledged to me that said DEVELOPER executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial
Seal the day and year hereinabove written.
Notary Public in and for the State of Montana
Printed name:
Residing at:
My commission expires:
DA -5
This Agreement is hereby approved and accepted by City of Laurel, this _ day of
,20
"CITY"
STATE OF MONTANA
:ss
County of Yellowstone
CITY OF LAUREL, MONTANA
0
Mayor
Attest:
City Clerk
On this day of 20_, before me, a Notary Public for
the State of Montana, personally appeared 'and
' known to me 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.
Notary Public in and for the State of Montana
Printed name:
Residing at:
My commission expires:
Approved as to Form:
City Attorney
Upon Recording Please Return to:
City of Laurel
P.O. Box 10
Laurel, Montana 59044
Waiver of Right to Protest
FOR VALUABLE CONSIDERATION, the undersigned, being the owner and/or
subdivider, in addition to all future owners of the hereinafter described real property, do
hereby waive the right to protest the formation of one or more special improvement
district(s) for the construction of streets, street widening, street maintenance, sidewalks,
curb and gutter, sanitary sewer lines, water lines, storm water and drains (either within or
outside the area), street lights, street light maintenance, parks and park maintenance, and
other improvements incident to the above which the City of Laurel may require.
This Waiver and Agreement is independent from all other agreements and is supported
with sufficient independent consideration to which the undersigned are parties, and shall
run with the land and shall be binding upon the undersigned, their successors and assigns,
and the same shall be recorded in the office of the County Clerk and Recorder of
Yellowstone County, Montana. Pursuant to MCA §76-3-608(7), this Waiver and
Agreement shall expire 20 years after the final subdivision plat is recorded with the
Yellowstone County Clerk and Recorder.
The real property hereinabove mentioned is more particularly described as follows:
Lot 18 Nutting Bros 2nd Filing and Lots 19-25 Nutting Bros 31d Filing; as well as
all adjacent public right-of-way situated in Section 10, T02S, R24E, P.M.M.,
Yellowstone County, Montana / "Goldberg Sporting Estates"
WAIVER -1
Signed and dated this _ day of 20—.
Subdivider/Owner
By:
Its:
STATE OF MONTANA)
: ss
County of Yellowstone )
On this _ day of '20 —, before me, a Notary Public in and for
the State of Montana, personally appeared 'known to
me to be the of GOLDBERG INVESTMENTSLLC, the person
who executed the forgoing instrument and acknowledged to me that he/she executed the
same.
IN WITNESS WHEROF, I have hereunto set my hand and affixed my Notarial Seal the
day and year hereinabove written.
Notary Public in and for the State of Montana
Printed name:
Residing in Montana
My commission expires:
WAIVER -2
PR: AFFGRP
First American Title Company
1001 South 24th Street West Ste 200
Billings, MT 59102
Phone: (406)248-78 7 7 1 Fax: (406)248-7875
Final Invoice
Ofc: 84 (14079)
To: Tony Golden
Invoice No.:
14079 - 841000254
1009 Phil Circle
Date:
05/13/2019
Laurel, MT 59044
Our File No.:
731239
Title Officer:
Trina Maurer
Escrow Officer:
Customer ID:
TG4
Attention:
Liability Amounts
Your Ref.:
RE: Property:
Public Park and Yard Office Road, Laurel, MT 59044
Buyers: Yellowstone County
Sellers:
Description of Charge I Invoice Amount
Policy -Owner's Policy i $150.00
Comments:
INVOICE TOTAL $150.00
Thank you for your business!
To assure proper credit, please send a copy of this Invoice and Payment to:
Attention: Accounts Receivable Department
Printed On: 05/13/2019,1:02 PM Requester: tin Page: 1
rimy f YIIV
-. .
First American Title company
1001 South 24th Street West Ste 200, Billings , MT 59.102
Title officer: Trina Maurer
Phone: (406)248-7877
FAX.- (406)248-7875
Form 5010500 (7-1-14) Page 1 of 8 Guarantee Face Page - Exclusions, Conditions and Stipulations
Form 5010500 (7-1-14)
Guarantee Face Page -Exclusions, Conditions and Stipulations
ISSUED BY
First American Title Insurance Company
GUARANTEE NUMBER
5010500-731239
First American Title Insurance Company
d7+.anenis J. Gilmore
Jet7f 33' S. t2ck'�ans�sn
Form 5010500 (7-1-14) Page 2 of 8 Guarantee Face Page - Exclusions, Conditions and Stipulations
1.
2.
1.
2.
SCHEDULE OF EXCLUSIONS FROM COVERAGE OF THIS GUARANTEE
Except to the extent that specific assurances are provided in
Schedule A of this Guarantee, the Company assumes no
liability for loss or damage by reason of the following:
(a) Defects, liens, encumbrances, adverse claims or other
matters against the title, whether or not shown by the
public records.
(b) (1) Taxes or assessments of any taxing authority that
levies taxes or assessments on real property; or, (2)
Proceedings by a public agency which may result in taxes
or assessments, or notices of such proceedings, whether
or not the matters excluded under (1) or (2) are shown
by the records of the taxing authority or by the public
records.
(c) (1) Unpatented mining claims; (2) reservations or
exceptions in patents or in Acts authorizing the issuance
thereof; (3) water rights, claims or title to water, whether
or not the matters excluded under (1), (2) or (3) are
shown by the public records.
Notwithstanding any specific assurances which are provided in
Schedule A of this Guarantee, the Company assumes no
liability for loss or damage by reason of the following:
(a) Defects, liens, encumbrances, adverse claims or other
matters affecting the title to any property beyond the
lines of the land expressly described in the description set
forth in Schedule (A), (C) or in Part 2 of this Guarantee,
or title to streets, roads, avenues, lanes, ways or
waterways to which such land abuts, or the right to
maintain therein vaults, tunnels, ramps or any structure
or improvements; or any rights or easements therein,
unless such property, rights or easements are expressly
and specifically set forth in said description.
(b) Defects, liens, encumbrances, adverse claims or other
matters, whether or not shown by the public records; (1)
which are created, suffered, assumed or agreed to by
one or more of the Assureds; (2) which result in no loss
to the Assured; or (3) which do not result in the invalidity
or potential invalidity of any judicial or non judicial
proceeding which is within the scope and purpose of the
assurances provided.
(c) The identity of any party shown or referred to in
Schedule A.
(d) The validity, legal effect or priority of any matter shown
or referred to in this Guarantee
GUARANTEE CONDITIONS AND STIPULATIONS
DEFINITION OF TERMS.
The following terms when used in the Guarantee mean:
(a) the "Assured": the party or parties named as the
Assured in this Guarantee, or on a supplemental writing
executed by the Company.
(b) "land": the land described or referred to in Schedule
(A)(C) or in Part 2, and improvements affixed thereto
which by law constitute real property. The term "land"
does not include any property beyond the lines of the
area described or referred to in Schedule (A)(C) or in Part
2, nor any right, title, interest, estate or easement in
abutting streets, roads, avenues, alleys, lanes, ways or
waterways.
(c) "mortgage": mortgage, deed of trust, trust deed, or
other security instrument.
(d) "public records": records established under state
statutes at Date of Guarantee for the purpose of
imparting constructive notice of matters relating to real
property to purchasers for value and without knowledge.
(e) "date": the effective date.
NOTICE OF CLAIM TO BE GIVEN BY ASSURED
CLAIMANT.
An Assured shall notify the Company promptly in writing in
case knowledge shall come to an Assured hereunder of any
claim of title or interest which is adverse to the title to the
estate or interest, as stated herein, and which might cause
loss or damage for which the Company may be liable by virtue
of this Guarantee. If prompt notice shall not be given to the
Company, then all liability of the Company shall terminate
with regard to the matter or matters for which prompt notice
is required; provided, however, that failure to notify the
Company shall in no case prejudice the rights of any Assured
unless the Company shall be prejudiced by the failure and
then only to the extent of the prejudice
3. NO DUTY TO DEFEND OR PROSECUTE.
The Company shall have no duty to defend or prosecute any
action or proceeding to which the Assured is a party,
notwithstanding the nature of any allegation in such action or
proceeding.
4. COMPANY'S OPTION TO DEFEND OR PROSECUTE
ACTIONS; DUTY OF ASSURED CLAIMANT TO
COOPERATE.
Even though the Company has no duty to defend or prosecute
as set forth in Paragraph 3 above:
(a) The Company shall have the right, at its sole option and
cost, to institute and prosecute any action or proceeding,
interpose a defense, as limited in (b), or to do any other
act which in its opinion may be necessary or desirable to
establish the title to the estate or interest as stated
herein, or to establish the lien rights of the Assured, or to
prevent or reduce loss or damage to the Assured. The
Company may take any appropriate action under the
terms of this Guarantee, whether or not it shall be liable
hereunder, and shall not thereby concede liability or
waive any provision of this Guarantee. If the Company
shall exercise its rights under this paragraph, it shall do
so diligently.
(b) If the Company elects to exercise its options as stated in
Paragraph 4(a) the Company shall have the right to
select counsel of its choice (subject to the right of such
Assured to object for reasonable cause) to represent the
Assured and shall not be liable for and will not pay the
fees of any other counsel, nor will the Company pay any
fees, costs or expenses incurred by an Assured in the
defense of those causes of action which allege matters
not covered by this Guarantee.
(c) Whenever the Company shall have brought an action or
interposed a defense as permitted by the provisions of
Form 5010500 (7-1-14) Page 3 of 8 Guarantee Face Page - Exclusions, Conditions and Stipulations
GUARANTEE CONDITIONS AND STIPULATIONS (Continued)
this Guarantee, the Company may pursue any litigation
to final determination by a court of competent jurisdiction
and expressly reserves the right, in its sole discretion, to
appeal from an adverse judgment or order.
(d) In all cases where this Guarantee permits the Company
to prosecute or provide for the defense of any action or
proceeding, an Assured shall secure to the Company the
right to so prosecute or provide for the defense of any
action or proceeding, and all appeals therein, and permit
the Company to use, at its option, the name of such
Assured for this purpose. Whenever requested by the
Company, an Assured, at the Company's expense, shall
give the Company all reasonable aid in any action or
proceeding, securing evidence, obtaining witnesses,
prosecuting or defending the action or lawful act which in
the opinion of the Company may be necessary or
desirable to establish the title to the estate or interest as
stated herein, or to establish the lien rights of the
Assured. If the Company is prejudiced by the failure of
the Assured to furnish the required cooperation, the
Company's obligations to the Assured under the
Guarantee shall terminate.
S. PROOF OF LOSS OR DAMAGE.
In addition to and after the notices required under Section 2
of these Conditions and Stipulations have been provided to
the Company, a proof of loss or damage signed and sworn to
by the Assured shall be furnished to the Company within
ninety (90) days after the Assured shall ascertain the facts
giving rise to the loss or damage. The proof of loss or
damage shall describe the matters covered by this Guarantee
which constitute the basis of loss or damage and shall state,
to the extent possible, the basis of calculating the amount of
the loss or damage. If the Company is prejudiced by the
failure of the Assured to provide the required proof of loss or
damage, the Company's obligation to such Assured under the
Guarantee shall terminate. In addition, the Assured may
reasonably be required to submit to examination under oath
by any authorized representative of the Company and shall
produce for examination, inspection and copying, at such
reasonable times and places as may be designated by any
authorized representative of the Company, all records, books,
ledgers, checks, correspondence and memoranda, whether
bearing a date before or after Date of Guarantee, which
reasonably pertain to the loss or damage. Further, if
requested by any authorized representative of the Company,
the Assured shall grant its permission, in writing, for any
authorized representative of the Company to examine, inspect
and copy all records, books, ledgers, checks, correspondence
and memoranda in the custody or control of a third party,
which reasonably pertain to the loss or damage. All
information designated as confidential by the Assured
provided to the Company pursuant to this Section shall not be
disclosed to others unless, in the reasonable judgment of the
Company, it is necessary in the administration of the claim.
Failure of the Assured to submit for examination under oath,
produce other reasonably requested information or grant
permission to secure reasonably necessary information from
third parties as required in the above paragraph, unless
prohibited by law or governmental regulation, shall terminate
any liability of the Company under this Guarantee to the
Assured for that claim.
6. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS:
TERMINATION OF LIABILITY.
In case of a claim under this Guarantee, the Company shall
have the following additional options:
(a) To Pay or Tender Payment of the Amount of Liability or
to Purchase the Indebtedness.
The Company shall have the option to pay or settle or
compromise for or in the name of the Assured any claim
which could result in loss to the Assured within the
coverage of this Guarantee, or to pay the full amount of
this Guarantee or, if this Guarantee is issued for the
benefit of a holder of a mortgage or a lienholder, the
Company shall have the option to purchase the
indebtedness secured by said mortgage or said lien for
the amount owing thereon, together with any costs,
reasonable attorneys' fees and expenses incurred by the
Assured claimant which were authorized by the Company
up to the time of purchase.
Such purchase, payment or tender of payment of the full
amount of the Guarantee shall terminate all liability of
the Company hereunder. In the event after notice of
claim has been given to the Company by the Assured the
Company offers to purchase said indebtedness, the
owner of such indebtedness shall transfer and assign said
indebtedness, together with any collateral security, to the
Company upon payment of the purchase price.
Upon the exercise by the Company of the option provided
for in Paragraph (a) the Company's obligation to the
Assured under this Guarantee for the claimed loss or
damage, other than to make the payment required in
that paragraph, shall terminate, including any obligation
to continue the defense or prosecution of any litigation
for which the Company has exercised its options under
Paragraph 4, and the Guarantee shall be surrendered to
the Company for cancellation.
(b) To Pay or Otherwise Settle With Parties Other Than the
Assured or With the Assured Claimant.
To pay or otherwise settle with other parties for or in the
name of an Assured claimant any claim assured against
under this Guarantee, together with any costs, attorneys'
fees and expenses incurred by the Assured claimant
which were authorized by the Company up to the time of
payment and which the Company is obligated to pay.
Upon the exercise by the Company of the option provided
for in Paragraph (b) the Company's obligation to the
Assured under this Guarantee for the claimed loss or
damage, other than to make the payment required in
that paragraph, shall terminate, including any obligation
to continue the defense or prosection of any litigation for
which the Company has exercised its options under
Paragraph 4.
7. DETERMINATION AND EXTENT OF LIABILITY.
This Guarantee is a contract of Indemnity against actual
monetary loss or damage sustained or incurred by the
Assured claimant who has suffered loss or damage by reason
of reliance upon the assurances set forth in this Guarantee
and only to the extent herein described, and subject to the
Form 5010500 (7-1-14) Page 4 of 8 Guarantee Face Page - Exclusions, Conditions and Stipulations
8.
9.
10.
11.
GUARANTEE CONDITIONS AND STIPULATIONS (Continued)
Exclusions From Coverage of This Guarantee.
The liability of the Company under this Guarantee to the
Assured shall not exceed the least of:
(a) the amount of liability stated in Schedule A or in Part 2;
(b) the amount of the unpaid principal indebtedness secured
by the mortgage of an Assured mortgagee, as limited or
provided under Section 6 of these Conditions and
Stipulations or as reduced under Section 9 of these
Conditions and Stipulations, at the time the loss or
damage assured against by this Guarantee occurs,
together with interest thereon; or
(c) the difference between the value of the estate or interest
covered hereby as stated herein and the value of the
estate or interest subject to any defect, lien or
encumbrance assured against by this Guarantee.
LIMITATION OF LIABILITY.
(a) If the Company establishes the title, or removes the
alleged defect, lien or encumbrance, or cures any other
matter assured against by this Guarantee in a reasonably
diligent manner by any method, including litigation and
the completion of any appeals therefrom, it shall have
fully performed its obligations with respect to that matter
and shall not be liable for any loss or damage caused
thereby.
(b) In the event of any litigation by the Company or with the
Company's consent, the Company shall have no liability
for loss or damage until there has been a final
determination by a court of competent jurisdiction, and
disposition of all appeals therefrom, adverse to the title,
as stated herein.
(c) The Company shall not be liable for loss or damage to
any Assured for liability voluntarily assumed by the
Assured in settling any claim or suit without the prior
written consent of the Company.
REDUCTION OF LIABILITY OR TERMINATION OF
LIABILITY.
All payments under this Guarantee, except payments made
for costs, attorneys' fees and expenses pursuant to Paragraph
4 shall reduce the amount of liability pro tanto.
PAYMENT OF LOSS.
(a) No payment shall be made without producing this
Guarantee for endorsement of the payment unless the
Guarantee has been lost or destroyed, in which case
proof of loss or destruction shall be furnished to the
satisfaction of the Company.
(b) When liability and the extent of loss or damage has been
definitely fixed in accordance with these Conditions and
Stipulations, the loss or damage shall be payable within
thirty (30) days thereafter.
SUBROGATION UPON PAYMENT OR SETTLEMENT.
Whenever the Company shall have settled and paid a claim
under this Guarantee, all right of subrogation shall vest in the
Company unaffected by any act of the Assured claimant.
The Company shall be subrogated to and be entitled to all
rights and remedies which the Assured would have had
against any person or property in respect to the claim had this
Guarantee not been issued. If requested by the Company,
the Assured shall transfer to the Company all rights and
remedies against any person or property necessary in order to
perfect this right of subrogation. The Assured shall permit the
Company to sue, compromise or settle in the name of the
Assured and to use the name of the Assured in any
transaction or litigation involving these rights or remedies.
If a payment on account of a claim does not fully cover the
loss of the Assured the Company shall be subrogated to all
rights and remedies of the Assured after the Assured shall
have recovered its principal, interest, and costs of collection.
12. ARBITRATION.
Unless prohibited by applicable law, either the Company or
the Assured may demand arbitration pursuant to the Title
Insurance Arbitration Rules of the American Arbitration
Association. Arbitrable matters may include, but are not
limited to, any controversy or claim between the Company
and the Assured arising out of or relating to this Guarantee,
any service of the Company in connection with its issuance or
the breach of a Guarantee provision or other obligation. All
arbitrable matters when the Amount of Liability is $1,000,000
or less shall be arbitrated at the option of either the Company
or the Assured. All arbitrable matters when the amount of
liability is in excess of $1,000,000 shall be arbitrated only
when agreed to by both the Company and the Assured. The
Rules in effect at Date of Guarantee shall be binding upon the
parties. The award may include attorneys' fees only if the
laws of the state in which the land is located permits a court
to award attorneys' fees to a prevailing party. Judgment upon
the award rendered by the Arbitrator(s) may be entered in
any court having jurisdiction thereof.
The law of the situs of the land shall apply to an arbitration
under the Title Insurance Arbitration Rules.
A copy of the Rules may be obtained from the Company upon
request.
13. LIABILITY LIMITED TO THIS GUARANTEE;
GUARANTEE ENTIRE CONTRACT.
(a) This Guarantee together with all endorsements, if any,
attached hereto by the Company is the entire Guarantee
and contract between the Assured and the Company. In
interpreting any provision of this Guarantee, this
Guarantee shall be construed as a whole. -
(b) Any claim of loss or damage, whether or not based on
negligence, or any action asserting such claim, shall be
restricted to this Guarantee.
(c) No amendment of or endorsement to this Guarantee can
be made except by a writing endorsed hereon or
attached hereto signed by either the President, a Vice
President, the Secretary, an Assistant Secretary, or
validating officer or authorized signatory of the Company.
14. NOTICES, WHERE SENT.
All notices required to be given the Company and any
statement in writing required to be furnished the Company
shall include the number of this Guarantee and shall be
addressed to the Company at First American Title
Insurance Company, Attn: Claims National Intake
Center, 1 First American Way, Santa Ana, California
92707. Phone: 888-632-1642.
Form 5010500 (7-1-14) Page 5 of 8 Guarantee Face Page - Exclusions, Conditions and Stipulations
Subdivision Guarantee
ISSUED BY
First American Title Insurance Company
Subdivision or Proposed Subdivision: Preliminary Yard Office Road/Public Park
Order No.: 731239
Reference No.:
Fee: $150.00
SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE LIMITS OF LIABILITY, AND OTHER PROVISIONS
OF THE CONDITIONS AND STIPULATIONS HERETO ANNEXED AND MADE A PART OF THIS GUARANTEE,
FIRST AMERICAN TITLE INSURANCE COMPANY, A CORPORATION HEREIN CALLED THE COMPANY
GUARANTEES:
Yellowstone County
FOR THE PURPOSES OF AIDING ITS COMPLIANCE WITH YELLOWSTONE COUNTY SUBDIVISION
REGULATIONS,
in a sum not exceeding $5,000.00.
THAT according to those public records which, under the recording laws of the State of Montana, impart
constructive notice of matters affecting the title to the lands described on the attached legal description:
Parcel A:
Public Park, of Nutting Brothers Subdivision, Third Filing, in Yellowstone County, Montana,
according to the official plat on file in the office of the Clerk and Recorder of said County,
under Document #346313.
Parcel B:
That part of the S1/2N1/2 of Section 10, Township 2 South, Range 24 East of the Principal
Montana Meridian, in Yellowstone County, Montana, described as follows:
A 30 foot by 660 foot strip bounded on the West by Lot 25, Nutting Subdivision, Third Filing
and Public Park, Nutting Subdivision, Third Filing;
Bounded on the East by the North-South Section line between Section 10 and Section 11.
(A) Parties having record title interest in said lands whose signatures are necessary under the
requirements of Yellowstone County Subdivision Regulations on the certificates consenting to the
recordation of Plats and offering for dedication any streets, roads, avenues, and other easements offered
for dedication by said Plat are:
Yellowstone County
(B) Parties holding liens or encumbrances on the title to said lands are:
1. 2019 taxes are an accruing lien, not yet payable.
Form 5010500 (7-1-14) Page 6 of 8 Guarantee Face Page - Exclusions, Conditions and Stipulations
(C) Easements, claims of easements and restriction agreements of record are:
2. County road rights-of-way not recorded and indexed as a conveyance of record in the office of the
Clerk and Recorder pursuant to Title 70, Chapter 21, M.C.A., including, but not limited to any right of
the Public and the County of Yellowstone to use and occupy those certain roads and trails as depicted
on County Surveyor's maps on file in the office of the County Surveyor of Yellowstone County.
3. Right-of-way granted to Montana Power Company, recorded in Book 71 of n/a, Page 597, under
Document #124206.
4. Easement granted to Yellowstone Valley Electrification Association, recorded March 18, 1939 in
Book 210 of n/a, page 246, under Document 3336539.
5. All matters, covenants, conditions, restrictions, easements and any rights, interests or claims which
may exist by reason thereof, disclosed by the recorded plat of said subdivision, recorded February 10,
1940, as instrument number Document #346313, but deleting any covenant, condition or restriction
indicating a preference, limitation or discrimination based on race, color, religion, sex, handicap,
familial status, or national origin to the extent such covenants, conditions or restrictions violate 42
USC 3604(C).
Date of Guarantee: May 02, 2019 at 7:30 A.M.
First American Title Company
rr+r,
By:
Authorized Countersignature
Form 5010500 (7-1-14) Page 7 of 8 Guarantee Face Page - Exclusions, Conditions and Stipulations
` 1 First American
We Are Committed to safeguarding Customer Information
In order to better serve your needs now and In the future, we may ask you to provide us with certain information. We understand that you may be concerned
about what we will do with such information - particularly any personal or financial information. We agree that you have a right to know how we will utilize the
personal Information you provide to us. Therefore, together with our subsidiaries we have adopted this Privacy Policy to govern the use and handling of your
personal information.
Applicability
This Privacy Policy governs our use of the information that you provide to us. It does not govern the manner in which we may use information we have obtained
from any other source, such as Information obtained from a public record or from another person or entity. First American has also adopted broader guidelines
that govern our use of personal information regardless of its source. First American calls these guidelines its Fair Information Values.
Types of Information
Depending upon which of our services you are utilizing, the types of nonpublic personal information that we may collect include:
Information we receive from you on applications, forms and in other communications to us, whether in writing, in-person, by telephone or any other
means;
Information about your transactions with us, our affiliated companies, or others; and
Information we receive from a consumer reporting agency.
Use of Information
We request information from you for our own legitimate business purposes and not for the benefit of any nonaffiliated party. Therefore, we will not release your
information to nonaffiliated parties except: (1) as necessary for us to provide the product or service you have requested of us; or (2) as permitted by law. We
may, however, store such information indefinitely, including the period after which any customer relationship has ceased. Such information may be used for any
internal purpose, such as quality control efforts or customer analysis. We may also provide all of the types of nonpublic personal information listed above to one or
more of our affiliated companies. Such affiliated companies include financial service providers, such as title insurers, property and casualty insurers, and trust and
investment advisory companies, or companies involved in real estate services, such as appraisal companies, hone warranty companies and escrow companies.
Furthermore, we may also provide all the information we collect, as described above, to companies that perform marketing services on our behalf, on behalf of
our affiliated companies or to other financial institutions with whom we or our affiliated companies have joint marketing agreements.
Former Customers
Even if you are no longer our customer, our Privacy Policy will continue to apply to you.
Confidentiality and security
We will use our best efforts to ensure that no unauthorized parties have acmes to any of your information. We restrict access to nonpublic personal information
about you to those individuals and entities who need to know that information to provide products or services to you. We will use our best efforts to train and
oversee our employees and agents to ensure that your information will be handled responsibly and in accordance with this Privacy Policy and First American's Fair
Information Values. We currently maintain physical, electronic, and procedural safeguards that comply with federal regulations to guard your nonpublic personal
Information.
Information Obtained Through Our Web Site
First American Financial Corporation is sensitive to privacy issues on the Internet. We believe it is important you know how we treat the information about you we
receive on the Internet In general, you can visit First American or its affiliates Web sites on the World Wide Web without telling us who you are or revealing any
information about yourself. Our Web servers collect the domain names, not the e-mail addresses, of visitors. This information is aggregated to measure the
number of visits, average time spent on the site, pages viewed and similar information. First American uses this information to measure the use of our site and to
develop ideas to improve the content of our site.
There are times, however, when we may need information from you, such as your name and email address. When information is needed, we will use our best
efforts to let you know at the time of collection how we will use the personal information. Usually, the personal information we collect is used only by us to
respond to your inquiry, process an order or allow you to aces specific account/profile information. If you choose to share any personal information with us, we
will only use It in accordance with the policies outlined above.
Business Relationships
First American Financial Corporation's site and its affiliates' sites may contain links to other Web sites. While we try to link only to sites that mare our high
standards and respect for privacy, we are not responsible for the content or the privacy practices employed by other sites.
Cookies
Some of First American's Web sites may make use of "cookie" technology to measure site activity and to customize Information to your personal tastes. A cookie is
an element of data that a Web site can send to your browser, which may then store the cookie on your hard drive.
FirstAm.com uses stored cookies. The goal of this technology is to bettor serve you when visiting our site, save you time when you are here and to provide you
with a more meaningful and productive Web site experience.
Fair Information Values
Fairness We consider consumer expectations about their privacy in all our businesses. We only offer products and services that assure a favorable balance
between consumer benefits and consumer privacy.
Public Record We believe that an open public record creates significant value for society, enhances consumer choice and creates consumer opportunity. We
actively support an open public record and emphasize its importance and contribution to our economy.
the We believe we should behave responsibly when we use information about a consumer in our business. We will obey the laws governing the collection, use
and dissemination of data.
Accuracy We will take reasonable steps to help assure the accuracy of the data we collect, use and disseminate. Where possible, we will take reasonable steps to
correct inaccurate information. When, as with the public record, we cannot correct inaccurate information, we will take all reasonable steps to assist consumers in
identifying the source of the erroneous data so that the consumer can secure the required corrections.
Education We endeavor to educate the users of our products and services, our employees and others in our Industry about the importance of consumer privacy.
We will instruct our employees on our fair information values and on the responsible collection and use of data. We will encourage others in our industry to collect
and use information In a responsible manner.
Security We will maintain appropriate facilities and systems to protect against uneuthotized access to and corruption of the data we maintain.
Form 5041RNACY (4-1-10) Page 1 of 1 1 Privacy Information ( 2001-2010 First American Financial Corporation)
Form 5010500 (7-1-14) Page 8 of 8 Guarantee Face Page - Exclusions, Conditions and Stipulations
r
Y 3
l -Ar 1
Tr„++lrla�Ii�ial a,Mtia r��a
3m" we Maam. ,"
carwT ar rtiterarra j
Ta! } M d+My AW ALYiy A.V*w a arpaadi i,
r 6AA.0-4 Aa. "..4 A. N ai�a'W/ rr A.N
�+lat.li�i *-0d A.4,NIrC�ahy
1WlAWa aMAW Abd a
rAN rr Law .4KaWd rlAt.
AAiw+ t a—ArvPM M I`rN, N11N } Hf4vMw fLvw�y Mr.Nw! ^rwwwy
Man AMa dwvl *"o ARM! NN o.— A.* tAY,Nat so.— J—Anar
*&VLW &WO*&V A@$ Jat w =A61~Ar.M AM " Nrr W ANid+.y
r 414 laia rrley Alval a«, lw... la.a ,�"lwr, W.w aw
I►i1a'h!F IAN Arr, Aiwa AMM M@! AM 6 !4 P.W A" a M Aar
fJ =
ad MraYwMJ r 9WT ran &AwAc p fALASBR W W
W AAA-&" SAA � Maw w -0 PW aY 0-~ W d- &d Ar '
MrAar .'
C wrr a YILLMwftw
or aw N r h' r
AL A•FPr. • AeNy Ar AT .ANN rMsa4w.lw,rANy .,.vw 86 WMYr,
AawT M .w a M W !•+aiaf N AN aryrvaw W1 +.aN.W W nlMa AAWnr.1
w! prb.ralfN a r AW aA! a.rMw Was.
Ar lnTaw ws.ww• rAwM AsrMAW, «ty A.a «I
.s4N.y AiAv}I J.a
Stora of Maa A. jds - •�.% ��•• ..A
Ca ,Y YZ"ttMirM6 {
TAYY N ariAj aMI' f MwauNY Ab awy N
AMTTAa 14pNMMA Jrarrrn.. Tlrs AY.w$ar ur.Pla AWW. a A4r.rIMr.
Mato }waaNwT wM4 tM � r M+ aa+.w aa, M ray ayA. �
RY. Air a.M1t N Aa.+Nr. AAP a✓ Ye! Jik A Ar wwJ wa �+IM aM
ara w W r..w.a l..fjr .a+.we Mw+ /✓Yy�w i.,
AW
STMT N AMnTww. i� • ,`. ~-': -��5'! � J '...•
(.-- i YS'ttaaJTWw s �t::A'w t',�
AW—. MM AN! % Aw nA+Y wwraY.r r fAr .wwa } a0r aML .
p wri M.w a+•wM Aa! 6 Aw wttadr+.Ma
+PYAN'a+MM"M.Aii.••- • ai+l►f'aa` M�"l,A�"'
r
d 9d 17a 7 ?a 9�
i I
I I
1
I
a
�u
d:faaer w'A"`
AWwI1M I•�Y
✓ MAP
MUTT= B wvmis` --mv
ZHM PEJM
IN SrCTX ATZS*24r-Mt
3eA1!-1+101p'
iwr i �•i w � a:.a w «w T...n .nnw- .w r
eb rAr •A M• ,«�ri"�+«+prw n rY� ..:'�p.°�+"Ar w +waarr w
Ar rraY PAW
-
Cuarrr ar Yle�tnvci
Ow Mk4 N b .4y' M AM9, a.a• r•x .
AL PrAs, • A4My
•Ar." M AM JNN AAR.iw, P iMx..�'MM GG AIdNy,
Arnw, Y w• M 4 Y M'�Y+l.M •r H• •W A4 A!•w ifawMf
M aburi�wi Y W M.f •d M/•nWM VfY+4i ft •►A.u.
.#WW.T AW r Awl A4 Iq N r+w NW Mxw wrMYwy wf +y AW W
N�.N4Y: YNrI4rAJlaxln .� •. V
.irorx M AbrvTANxI. MM
Cawetrr Yaa•wrewf � � ,'•a
TA6Y h rttGj' W r
AW-
fwxAN N ,
�YTTlW AiHIUIN dLY'avArnr. ]YNY IKwI;w MnMI.• W AtAl ennYn,NM�
AR1N Y auaalwra nii AN Maa! J N� rxyrAkxr a..w a s �W' �
nnar� yxwxw Y+ly+n�....� :: 4 � ArM 6 i�'4..w! M►+. �
J.A-Ad nJaww Y AWb. rx ft1 AIJy. d ApY
ax anWr
STitTf V AbrtAYr. 3.E1 •. t• .
r.MI.IlY r i('40YNTp11C) �A,. ��: wy r � • ,�• • �
t 0-90.U% Ar GM �t 1WnMrw Cayy %!i
AWMvi, w •.44
'YAW 3 •.w ,ew nn.. wp• ...�Y Y,T xMfr �'' .-,: - .
M xiY Aw MV . W ^IIIJd Y N• MTTwI! r
d+frrarw, TN/A• /nM,'� aw. r AM rwt !ix{ A Nw M
,os.Y,a...w....•A. A..x.....«.i.— .
iSrowM r YkttuwrarKS
$ aaii3 : e�iQTi , ir.s•',:y ittil.:l to illi -lri.-vita
f'�
nie j.�rtra e'nd ''aT # :a ,tzxwnt no x 3i ia� lar<;er. x
�;t r 3 l�ds1 #nl4
�
alt .`.racvt, A1Y:3S, X?tt,>t ?t. r:• 't y .+.,�. ,,. ,t. ..
`tA .
., i''• Y'':.li of $ilr2 i#R,
Y
a
y�tt41t? iX3t •t,a.xtszsa-;;]t�ll,)ture r,:t� :1u s..,._ it..
.•t � .. - ,.z._ _+r
to thu t w
r i _ t tq IP
La AMC •.:.t= =::,.,r. ?.::>=7i ,•
�a? 1cf tSa Cama
twn iu 0118
M 'Iecoqul par , . , un _ e3d ..1, Q..
#a SO „s%nl 3-.1Ffk. ., u :d.
.... :j a uo ::e.c •1 t
.a7;1
!;Oak ,vara::•..."table
,... .
•
..
I t..e : - $J
MiK. than ?7jon 3Lt,O) 1 -'At In
� Noose. mytt s £ 3 ' u a ,_; "Mant. A e :o-1
or
82itlt,ifiti'ta fetrJ'l 3338 1.11:; i,.. `7_`...<
.... ...: s... 'Dr iIq-' dct9d
43 tfrn.:oii i JISii3 v,l•aara„nt, ... ..i.... ..?.� .t 4
. � •mss _ :� :.:�w it !,.�
_
u
k5t3 "iYP.:z"ir.i$',..�`t a �.,,:rt..e^� ,::�++ii.3 t.,.':a t�,..'ir_ �� ::rt•
._. ..:-�a3 ;i aeF:3:�'t^
r
got
---
f,
z
3.bY :toixfk !
I a
20 z_ In 02 3tl jv on w;a. lnt. b;.. .- -;r+,
.. ,. ..s._F. .eta:_ Pbl,in:
3"trz'ta, pi,.: ozrr+ily nppe:rel i. D-na:F.:.i.,
a ¢113 f.'21 ciatSin,
o•�r r. -o .i).�;i,,7s �iiaa. r: .. ,.�.e •tl"_.;rs,?c<w 7
.,... ..,.1.# tti�trr.:3e§., x?7d:
rf •i7+#i Q 't SY2 1wr Ct "C t ... hahi 'w7 ti n r'°iX31
t.
' ,, Sta wr ltal ;i?$1 la •. , .
k #
Ig
.'i�f.l. v,
-
"`T - 7y7 t�QtG 1 1'111)1 i.0 Y�DX --mms,Flo
�'a �;j oo _.a:.-,:ayax, ., tF iz•3•a
tics. Ec., idl'J: •,�,�
ati# h a' Z1 1 ) e�' 3ti1y,' r''. 1 a I 191 ?; at 9cJ
a . _ .I. ..
i � k•
j tx
A" pJrjjjA`C f oXATI, nd
,
7ttoirtawe Ctf�+gcxatiuri; �n b3si�e�ta ai 1r,0•�resX
iu` ��� 90Ylii��� �� �
�Rx a;n. ia3zcioi s 9eravioif c+� h# utilizer not; tF ' Franz ;l.
'246
Deed Record Book No. 210, Yellowstone County, Montana
F. C. Sohoidecker
Notary Public for the State of Mpntana..
(NOTARIAL SEAL) Residing at Laurel, Montana.
My commission expires March, 8. 1940.
Filed for record on this 18th day of March, A.D. 1939, at 1.-12 o'clock P.M.
By D. 0. Backhoff, Deputy. George G. Osten, County Recorder.
336539
NUTTING BROTHERS CORPORATION
TO CONVEYANCE OF BASEMENT FOR RIGHT OF WAY
YELLOWSTONE VALLEY ELECTRIFICATION ASSOCIATION
KNO17 ALL MEN BY THESE PRESENTS:
That.we, Nutting Brothers Corporation his of Laurel, Montana County of Yellowstone
and State of Montana, in consideration of the sum of one and no/100 Dollars and other
valuable consideration, the receipt whereof is hereby acknowledged, do hereby grant, warrant
and convey unto the YELLOWSTONE VALLEY ELECTRIFICATION ASSOCIATION, a corporation, whose
Post Office address is Huntley, Montana, and to its successors and assigns, the right,
privilege and authority to enter in and upon their lands situated in the County of Yellow-
stone, State of Montana, and described as follows, to -wit:
Land situated -in the SJ of the NEJ, See. 10, Twp. 2 S., Rge. 24 E. M.P.M.
and to erect, construct, operate, replace, repair and to maintain over and across said lang"s
and in or upon all roads, streets or highways abutting or In any way adjoining said proper
an electric transmission and distribution line or system in suitable structural form for the
transmission and distribution of electric current for any purpose whatsoever, including thei.
right to trim any trees along said lines so as to keep the wires cleared at least 10 feet.
This instrument aplies to our line as now being constructed and no other.
IN WITNESS WHEREOF I we have hereunto subscribed our, my name ... and seal _ this
..... day of ....... A.D. 1938.
Witnesses: Nutting Brothers Corporation ........
L. A. Nutting See. o s By B. S. Nutting
Landowners
STATE OF MONTANA
so.
County of YELLOWSTONE
On this 11th day of March, 1939, before me, the undersigned personally appeared B. E.
Nutting, known to me to be the president of the corporation that executed the within
instrument and acknowledged to me that such corporation executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my notarial seal the day
and year in this certificate first above written.
Vincent J. De Mors
z Notary Public for the State of Montana.
(NOTARIAL SEAL) Residing at Huntley, Montana.
My commission expires August 19, 1940.
Filed for record on this 18th day of March, A.D. 1939, at 1:13 o'clock P.M.
By D. G. Backhoff, Deputy. George G. Osten, County Recorder.
336540
JOHN FOX AND WIFE
TO CONVEYANCE OF BASE14ENT FOR RIGHT OF WAY0
YELLOWSTONE VALLEY ELECTRIFICATION ASSOCIATION N:: 2218
KNOW ALL MEN BY THESE PRESENTS:
That we, John Fox and Katrine Fox (his wife, of Laurel, Montana. County of Yellowstone
and State of Montana, in consideration of the sum of one and no/100 Dollars and other
valuable consideration, the receipt whereof is hereby acknowledged, do hereby grant, warrkint
isclaimer: Not all fields are currently maintained. The accuracy of the data is not guaranteed.
lease notify the Appraisal/Assessment Office (406-896-4000) of any inaccuracies.
Back to Search Form EMELY'f a Detail
Owner Information
rimary Owner: YELLOWSTONE COUNTY (PARKS) Ownershig History
'ax ID: D02650
:eo Code:03-0821-10-2-11-11-0000
roperty Address: YARD OFFICE RD LAUREL 59044
egal Description: NUTTING BROS 2ND FILING, S 10, T02 S, R24 E, Lot PARK, ADJ TO LTS 19 TO 25
3.544 AC (02) (ANNEX 02)
roperty Type : EP - Exempt Property
Site Data I View Codes
Any comments or questions regarding the web site may be directed to the Web Developer.
03-0970-7
Location:
5 - Neighborhood or Spot
,hborhood Code:
203.500
Fronting
1 -Major Strip or Central Business District%
king type:
Parking Prox
%
ities:
0
Access:
1
Size:
3.544 Acres
Topography:
1
Any comments or questions regarding the web site may be directed to the Web Developer.
Not all fields are currently maintained. The accuracy of the data is not
ed. Please notify the Appraisal/Assessment Office of any inaccuracies.
Back to Search FormOrion Detail
Owner Information
*Please Note: Owner information is supplied by the Montana Department of Revenue. To
request updates to addresses or other ownership information, please contact the DOR office at
896-4000. Records for the current year will not be updated after tax bills have been sent out, so
changes requested after you receive your bill will appear only on next year's records.
Tax ID: D02650
Primary Party
Primary Owner Name: YELLOWSTONE COUNTY (PARKS) Ownership History
2019 Mailing Address: YELLOWSTONE COUNTY (PARKS)
PO BOX 35000
BILLINGS, MT 59107-5000
Property Address: YARD OFFICE RD
Township: 02 S Range: 24 E Section: 10
Subdivision: NUTTING BROS 2ND FILING Block: Lot: PARK
Full Legal: NUTTING BROS 2ND FILING, S 10, T02 S, R24 E, Lot PARK,
ADJ TO LTS 19 TO 25 3.544 AC (02) (ANNEX 02)
GeoCode: 03-0821-10-2-11-11-0000
Show on Mays (May not work for some newer properties)
Property Assessment Information
Levy District: LAUREL INSIDE
2018 Assessed Value Summary
Assessed Land Value = $ 55,444.00
Assessed Building(s) Value = $ 0.00
Total Assessed Value = $ 55,444.00
values shown for the given tax year are for taxation purposes only. They are supplied by the
artment of Revenue. For questions about these values, please contact the Montana Department of
nue, Appraisal/Assessment Office at 406-896-4000.
Rural SID Payoff Information
NONE
Property Tax Billing History
Year lst Half 2nd Half Total
(P) indicates paid taxes.
Click on year for detail. Pay Taxes Online
Jurisdictional Information
Commissioner Dist: 1 - John Ostlund (R) School Attendance Areas
Senate: 28 - Tom Richmond (R) High: LAUREL
House: 55 - Vince Ricci (R) Middle: LAUREL
Ward: Outside City Limits
Precinct: 55.4
Zoning: Residential Tracts
Click Here to view Billings
Regulations
Click Here to view Laurel
Regulations
Click Here to view
Broadview Regulations
Elem: LAUREL
School District Trustee Links
comments or questions regarding the web site may be directed to the Web Developer.
CITY HALL
115 W. 1ST ST. Laurel
PUB. WORKS: 628-4796 Ulty 01
WATER OFC.: 628-7431
COURT: 628-1964 P.O. Box -10
FAX 628-2241 Laurel, Montana 59044
Office of Planning Office of the Director of Public
Works
Date: January 7, 2019
To: Laurel Mayor and City Council
From: Laurel — Yellowstone City — County Planning Board and Zoning Commission
Forrest Sanderson, AICP, CFM — Contract Planner
Re: Annexation Request, Goldberg Investment LLP
BACKGROUND:
On November 13, 2018, an annexation request for Lot 18 Nutting Brothers 2nd Filing and Lots 19
— 25 Nutting Brothers 3rd Filing in Section 10, Township 2 South, Range 24 East was submitted
along with a request for initial zoning. The initial zoning request, which is analyzed in a separate
Report is for Residential Limited Multi -Family (RLMF) and Community Commercial (CC).
The Laurel — Yellowstone Planning Board and Zoning Commission did on January 3, 2019
conduct a public hearing on the proposed annexation request.
ANALYSIS OF REQUEST
City Council Resolution #R08-22 (March 4, 2008) and the aforementioned Application Form
establishes the criteria and requirements for the annexation of property.
Standard:
1. Only Darcels of land adiacent to the Citv of Laurel will be considered for annexation. If
the parcel to be annexed is smaller that 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 onecity
block in size. Once the council approves the request, the annlicant can apply for
annexation.
Findings:
A. The property requested for consideration is adjacent to the existing Laurel city limits;
B. The property requested for consideration is 32.56 acres in size;
C. The property owner (Goldberg Investments LLP) owns or has been authorized to submit
the annexation petition.;
Goldberg Investments Annexation
D. Should the request for annexation be denied by the City of Laurel the request for initial
zoning will not proceed further;
E. This is the type of comprehensive annexation and initial zoning requests that are desired
under the City of Laurel Annexation Policy.
F. The annexation and initial zoning appears to be consistent with your 2013 Growth Policy.
(Infrastructure, Land Use, and Transportation Sections). These sections encourage
comprehensive `big picture' looks at development, growth and the extension of public
infrastructure.
MOVING FORWARD
1. The application adequately addresses the following items as required by Council Policy:
a. An extension of City Streets, Water, Sewer, Sidewalks, Storm Water, Curb and
Gutter and how the developer/owner intends to pay for these infrastructure
extensions;
b. An executed waiver of the right to protest the creation of SID's;
c. Adequate discussion of the suitability of the proposed zoning for the property to
be annexed;
d. A notarized signature from the record property owner authorizing the annexation
and requested initial zoning;
e. Adequate discussion of the subdivision process to create lots that conform to the
minimum district requirements and use limitations imposed by the Laurel Zoning
Regulations.
2. The application did include a fee for the consideration of annexation and zoning.
a. The fee is adequate for the application as presented.
3. The annexation map, to be prepared at the developers expense shall include all adjacent
public rights-of-way
RECOMMENDATION•
The request to proceed with annexation of Lot 18 Nutting Brothers 2nd Filing and Lots 19 — 25
Nutting Brothers 3rd Filing in Section 10, Township 2 South, Range 24 East Subdivision should
be APPROVED for the following reasons:
1. The annexation request is consistent with the City of Laurel Annexation Policy.
2. The requested annexation is consistent with the 2013 Laurel Growth Policy.
3. The requested initial zoning for the properties is existing Laurel Zoning classifications.
2
Goldberg Investments Annexation