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Return to: City Clerk City of Missoula 435 Ryman Street Missoula MT 59802-4297 RESOLUTION NUMBER A RESOLUTION EXTENDING THE CORPORATE LIMITS OF THE CITY OF MISSOULA, MONTANA, TO ANNEX WITHIN THE BOUNDARIES OF THE CITY A CERTAIN TRACT OF LAND DESCRIBED AS 5425 GHARRETT STREET, FOR WHICH THE OWNER HAS PETITIONED FOR ANNEXATION (SECTION 6, TOWNSHIP 12 NORTH, RANGE 19 WEST, P.M.M.) LEGAL DESCRIPTION: All of new Lot 16-B, 1st Amended Plat of South Side Homes Addition Lot 15 and 16 described in the official plat filed in Book 13 at Page 45, on August 21, 1980 at the Missoula County Clerk & Recorder's Office and located in Section 6, Township 12 North, Range 19 West, P.M.M., Missoula County, Montana as shown on Exhibit A attached hereto and made a part hereof: WHEREAS, Lighthouse Baptist Church, owner of 100% of the property described herein, has filed Petition No.9384 with the City Clerk requesting annexation and waiving the need to prepare a service plan for the annexation; and therefore the City Council will consider this petition for annexation pursuant to the statutory Annexation by Petition method set forth in Title 7 Chapter 2 Part 46 Section 4601 (3)(a)(ii) M.C.A.; and WHEREAS, the City Council has determined that it is able to provide municipal police protection, fire protection, and other municipal services to the property to be annexed on substantially the same basis and in the same manner as such services are provided within the rest of the municipality prior to annexation: services will commence upon the effective date of this annexation; and WHEREAS, the parcel described herein is currently zoned County C-RR3 (Residential), and the recommended zoning in the City is RR-1 (Residential) in accordance with Montana Code Annotated Section 76-2-303 (3)(iii) and Missoula Municipal Code criterion 19.72.060(B)(1)(a. and it is the intention of the City of Missoula to annex this property with the zoning of RR-1. FURTHER, the parcel is so situated that it be assigned to City Council Ward Area No. 5 and the Moose Can Gully Neighborhood Council District, and it is the intention of the Council of the City of Missoula to add this parcel to Council Ward Area No. 5 and the Moose Can Gully Neighborhood Council District; and WHEREAS, the City Council did on the 14th day of September, 2009 set a public hearing for October 5, 2009, at its regularly scheduled City Council Meeting, to hear all matters pertaining to the annexation and zoning of the above described parcel; and WHEREAS, the City Clerk did published notice of such proposed extension of the city limits on September 20, 2009 and September 27, 2009, as provided by Section 76-2-303 M.C.A.; and WHEREAS, the City Council did on the 5th day of October, 2009, hear all matters pertaining to the annexation and zoning of the herein before described parcel, and Page 1 ---PAGE BREAK--- WHEREAS, it is the carefully considered and reasoned judgment of the City Council of the City of Missoula that the City is able to provide municipal services to the area proposed for annexation. FURTHER, it is hereby determined by the Missoula City Council to be in the best interest of the City of Missoula and the inhabitants thereof as well as the current and future inhabitants of the lands to be annexed that are described herein, which lands are contiguous to the corporate limits of the City of Missoula, be annexed into the City of Missoula and it is hereby declared to be the intent of the City of Missoula that the corporate limits of the City of Missoula be extended to include said lands described herein within the limits of the City of Missoula, and NOW, THEREFORE, BE IT RESOLVED, that the corporate limits of the City of Missoula be extended to annex the tract of land, herein described and shown on Exhibit A attached hereto; and BE IT FURTHER RESOLVED, that the parcel is zoned RR-1 in the City. FURTHER, that the parcel is hereby assigned to Council Ward Area No. 5 and the Moose Can Gully Neighborhood Council District; and BE IT FURTHER RESOLVED that the minutes of City Council of the City of Missoula, Montana, incorporate this resolution; 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 tracts(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 tracts(s) of land and resolution provisions are intended to be and shall be in full force and effect as enacted by the City Council; and BE IT FURTHER RESOLVED that the City Clerk is hereby instructed to certify a copy of said resolution so entered upon said minutes. FURTHER that this document shall be filed with the Office of the Clerk and Recorder of Missoula County. Pursuant to Section 7-2-4607, Montana Code Annotated, this annexation shall become effective from and after the date of the filing of said document with the Missoula County Clerk and Recorder. PASSED AND ADOPTED this day of October, 2009. ATTEST: APPROVED: Martha L. Rehbein John Engen City Clerk Mayor (SEAL) Page 2 ---PAGE BREAK--- 2 1 15 PORTION B NEW LOT 16-B 6 5 4 3 2 1 14 15 16 17 18 19 20 14 75 76-A 10 11 1 MINOR RUFUS BK 13 PG 45 PHASE 2 RIVER PINE BK 1 RES. NO. 5009 (5/7/1990) RES. NO. 7164 (10/2/2006) RES. NO. 3351 (7/8/1974) RES. NO. 3351 (7/8/1974) RES. NO. 7227 (5/7/2007) GHARRETT ST RUFUS RD BONNIE CT ANTHONY LN EXHIBIT Legend Annexation City Limits as of 07-13-2009 Prepared by: CITY OF MISSOULA ENGINEERING DIVISION - GIS / MAPPING SECTION New Lot 16-B, 1st Amended Plat of South Side Homes Addition Lot 15 and 16 located in SW1/4 of Section 6, T.12 R.19 P.M.M. Page 3