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Page 1 of 7 Return to: City Clerk City of Missoula 435 Ryman Street Missoula, Montana 59802-4297 RESOLUTION NUMBER A RESOLUTION OF INTENTION TO ANNEX CERTAIN PARCELS AND TRACTS OF LAND CONSISTING OF PORTIONS OF CITY OPEN SPACE AND UNIVERSITY OF MONTANA PROPERTY LOCATED IN THE SOUTHEAST QUADRANT OF THE CITY; INCORPORATE THE AREA INTO THE CITY OF MISSOULA BOUNDARY AND ZONE THE PROPERTY OP-1 OPEN SPACE, OP-2 OPEN AND RESOURCE LANDS AND OP-3 PUBLIC LANDS AND INSTITUTIONAL. (SECTION 19, TOWNSHIP 13 NORTH, RANGE 18 WEST, PMM AND SECTIONS 24, 27, 34 AND 35, TOWNSHIP 13 NORTH, RANGE 19 WEST, PMM) LEGAL DESCRIPTION: all those certain parcels and tracts of land commonly known as the City’s Cox Open Space and the University of Montana’s Field House and M Trail property shown as Parcels 1 through 8 on Exhibit A and more fully described on Exhibit B attached hereto and made part hereof. WHEREAS, the City of Missoula and University of Montana are holders of beneficial interest of 100% of the subject properties and have filed Petitions No. 7660, 9470 and 9498 with the City Clerk requesting annexation and the said tracts and parcels of land are contiguous to the city boundary; therefore the City Council will consider these petitions for annexation pursuant to the statutory Annexation of Contiguous Government Land method set forth in Title 7, Chapter 2, Part 44, Montana Code Annotated (MCA); and WHEREAS, the City Council has determined that upon annexation it is immediately able to provide municipal services to the subject properties as they are currently developed and utilized on substantially the same basis and in the same manner as such services are provided elsewhere within the rest of the municipality prior to annexation of the subject properties. Provision of these municipal services is agreeable to the holders of beneficial interest of the properties to be annexed as allowed by Subsection 7-2-4610(2) MCA. City services will commence upon the effective date of this annexation that shall be 30-days from the approval of annexation in accordance with Subsection 7-2-4406(2), MCA; and WHEREAS, the subject properties, as shown on Exhibit A, are currently zoned in Missoula County as: a. Parcel No. 1 is currently un-zoned; b. Parcels No. 2 and 3 are currently zoned C-A1 Open and Resource Lands; c. Parcel No. 4 is currently zoned C-RR1 Low Density Residential 1 dwelling unit per acre; and d. Parcels No. 5, 6, 7 and 8 are zoned C-P1 Public Lands and Institutions. In accordance with criteria providing for zoning upon annexation, it is the City Council’s intent to zone the subject properties, as shown on Exhibit A, as: a. Parcel No. 1 to be zoned OP-1 Open Space zoning in the City in accordance with criteria 20.85.050(l)(2)(c); ---PAGE BREAK--- Page 2 of 7 b. Parcel No. 2 and 3 are to be zoned OP-2 Open and Resource Lands zoning in the City in accordance with criteria 20.85.050(l)(2)(a) and c. Parcel No. 4 to be zoned OP-1 Open Space zoning in the City in accordance with criteria 20.85.050(l)(2)(c); and d. Parcels No. 5, 6, 7 and 8 are to be zoned OP-3 Public Lands and Institutional zoning in the City in accordance with criteria 20.85.050(l)(2)(a); and WHEREAS, the subject properties are geographically situated so that they are contiguous to City Council Ward Area Nos. 1, 3 and 4 and it is the City Council’s intention to assign the subject properties to Council Ward Areas as follows: a. Ward No. 1 shall incorporate Parcels 2, 3 and 4; b. Ward No. 3 shall incorporate Parcels 5, 6, 7, 8 and the portion of Parcel No. 1 adjacent to and abutting Ward No. 3; and c. Ward No. 4 shall incorporate the portion of Parcel No. 1 adjacent to and abutting Ward No. 4. FURTHER the subject properties are geographically situated so that they are contiguous to the Lower Rattlesnake, University and Farviews / Pattee Canyon Neighborhood Council Districts and City Council intends that the subject properties will become part of and be included within: a. Lower Rattlesnake Neighborhood Council District shall incorporate Parcels No. 2 and 3; b. University Neighborhood Council District shall incorporate Parcels No. 4, 5, 6, 7, 8 and the portion of Parcel No. 1 adjacent to and abutting said District; and c. Farviews / Pattee Canyon Neighborhood Council District shall incorporate the portion of Parcel No. 1 adjacent to and abutting said District. NOW THEREFORE, BE IT RESOLVED that it is the intent of the City Council to annex the subject properties, zone them OP-1, OP-2 and OP-3, assign to the above said Wards and Districts and the City Clerk shall, pursuant to Section 7-2-4405 MCA, publish in the newspaper of general circulation in the City of Missoula, which newspaper is nearest to the said land being considered for annexation, at least once a week for two successive weeks on November 4, 2010 and November 11, 2010, a notice that such resolution has been duly and regularly passed and that for a period of 20-days after the first publication of the notice, the City Clerk will receive expressions of approval or disapproval in writing of this proposed alteration of the boundaries of the city until 5:00 p.m. on December 6, 2010, and that a City Council public hearing shall be held Monday, December 6, 2010 at 7:00 p.m. at the regularly scheduled City Council meeting; and BE IT FURTHER RESOLVED that, if the city annexation of any lot(s), parcel(s), block(s) or tract(s) of land annexed into the city pursuant to this city annexation resolution or any provision of this resolution is ever held to be invalid or unconstitutional, the City Council hereby declares that any such decision shall not affect the validity of the annexation of the remaining lot(s), parcel(s), block(s) or tract(s) of land annexed into the city or the remaining provisions of this resolution. The City Council hereby declares that it would have passed this resolution and annexed each lot(s), parcel(s), block(s) or tract(s) of land into the city as well as each provision of this resolution irrespective of the fact that the annexation of any one or more lot(s), parcel(s), block(s) or tract(s) of land annexed into the city or provision of this resolution may have been declared invalid or unconstitutional, and if for any reason the annexation of any lot(s), parcel(s), block(s), tract(s) of land or any provision of this resolution should be declared invalid or unconstitutional, then the annexation of the remaining lot(s), parcel(s), block(s) or tract(s) of land and resolution provisions are intended to be and shall be in full force and effect as enacted by the City Council. ---PAGE BREAK--- Page 3 of 7 PASSED AND ADOPTED this day of 2010. ATTEST: APPROVED: Martha L. Rehbein, CMC John Engen City Clerk Mayor (SEAL) ---PAGE BREAK--- Page 4 of 7 ---PAGE BREAK--- Page 5 of 7 ---PAGE BREAK--- Page 6 of 7 EXHIBIT Parcel designations as shown on Exhibit attached hereto and made a part of. Parcel 1 (City of Missoula) Tract A of Certificate of Survey No. 5035, located in Section 27, 34 and 35 Township 13 North, Range 19 West, PMM, Missoula County, Montana. Recording reference for Parcel 1: Book 612 Micro Page 1384. Parcel 2 (City of Missoula) North one-half of the Northwest one-quarter of Section 24, Township 13 North, Range 19 West, Principal Meridian, except the following described property, to-wit: Commencing at the Southeast Corner of the North one-half of the Northwest one-quarter of Section 24, Township 13 North, Range 19 West, Principal Meridian and running thence West 676 feet; thence North, at right angles, 386 feet, 6 inches; thence East at right angles, 676 feet; thence South, at right angles along the East line of said North Half of Northwest Quarter of said Section 24, 386 feet 6 inches, to the point of beginning, Missoula County, Montana. And also excepting Art Pine Addition which is described as follows: Beginning at the East Corner of Block 41 of East Missoula Addition as now platted and filed in the Clerk and Recorder's Office; thence S.47°37'20'W. a distance of 101.10 feet; thence South a distance of 33.84 feet; thence West a distance of 718.0 feet; thence N.5°20'E. a distance of 301.30 feet; thence East a distance of 690.0 feet; thence South a distance of 116.26 feet; thence S.42°22'40"E., a distance of 110.80 feet to the place of beginning. Recording Reference: Book 52 Page 967 Micro Records. ALSO EXCEPTING THEREFROM Hidden Trail-Phase 1, Hidden Trail-Phase 2 and Hidden Trail-Phase 3, platted subdivisions in Missoula County, Montana. Recording Reference for Parcel 2: Book 840 Micro Page 940. Parcel 3 (City of Missoula) 6.00 acres in SW 1/4 SW 1/4 N of H/W plat S 24-13-19. LEGAL ALSO KNOWN AS: 6.00 acres in SW 1/4 SW 1/4 N of H/W Plat S section 24, T13N, R19W. Recording reference for Parcel 3: Book 566 Micro Page 709. ---PAGE BREAK--- Page 7 of 7 Parcel 4 (City of Missoula) A belt, strip or piece of land two hundred (200) feet in width over and across U. S. Government Lt 6 (NW1/4 SW1/4), Section 19, T13N, R18W, PMM, Missoula County, Montana, which belt, strip or piece of land is a portion of the former right of way of the Chicago, Milwaukee, St. Paul and Pacific Railroad Company, consisting of approximately 3.6 acres, more or less. Recording reference for Parcel 4: Book 217 Micro Page 853. Parcel 5 (Local Executive Board of Montana State University) A portion of the northeast quarter of the northeast quarter (NE 1/4 NE 1/4) of Section 27, Township 13 North, Range 19 West, Montana Principal Meridian more particularly described in Book 189 Deeds Page 50 (recording reference for Parcel Parcel 6 (The State of Montana) A tract of land in the northeast quarter of the northeast quarter NE 1/4 NE 1/4) of Section 27, Township 13 North, Range 19 West, PMM more particularly described in Book 189 Deeds Page 54 (recording reference for Parcel Parcel 7 (State of Montana) The southeast quarter of the northeast quarter (SE1/4 NE1/4) of Section 27, Township 13 North, Range 19 West of the Montana Principal Meridian more particularly described in Book 23 Deeds Page 586 (recording reference for Parcel Parcel 8 (State of Montana) That portion of the Southwest Quarter of the Northeast Quarter of Section 27, Township 13 North. Range 19 West, Montana Meridian, more particularly described in Book 105 Deeds Page 356 (recording reference for Parcel