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Page 1 of 5 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, CITY WASTEWATER FACILITY PROPERTY AND TOWER STREET RIGHT-OF-WAY LOCATED IN THE WESTERN HALF OF THE CITY; INCORPORATE THE AREA INTO THE CITY OF MISSOULA BOUNDARY AND ZONE THE PROPERTY OP-1 OPEN SPACE AND OP-3 PUBLIC LANDS AND INSTITUTIONAL DISTRICT. (SECTION 19, TOWNSHIP 13 NORTH, RANGE 19 WEST, PMM AND SECTION 24, TOWNSHIP 13 NORTH, RANGE 20 WEST, PMM) LEGAL DESCRIPTION: all those certain parcels and tracts of land commonly known as the City’s Tower Street Open Space and an addition to the Wastewater Treatment Facility complex described below and shown on Exhibit A attached hereto and made part hereof: The Southwest Quarter, Northeast Quarter (SW 1/4, NE 1/4) of Section 24, T. 13 R. 20 P.M.M as recorded in Book 740, Micro Page 650; AND Tracts 2, 3 and 4 of Certificate of Survey No. 5427 as recorded in Book 655, Micro Page 376’ AND Lot 2 of Dinsmore’s Orchard Homes Addition No. 4 as recorded in Book 726, Micro Page 581; AND a tract of land located in the Northeast Quarter (NE 1/4) of Section 19, T. 13 R. 19 P.M.M. as recorded in Book 737, Micro Page 887; AND all that portion of Tower Street right-of-way platted in the Dinsmore’s Orchard Homes Addition No. 5 lying between that portion of said Tower Street annexed by City Council Resolution No. 7377 adopted November 10, 2008 and the south parcel boundary of Tract 2, Certificate of Survey No. 5427. The official plats of Dinsmore’s Orchard Homes Additions No. 4 and No. 5 filed September 5, 1901 in Book of Plats No. 1, Page 10 of the Missoula County Clerk and Recorder’s records, in Missoula County, Montana. WHEREAS, the City of Missoula is the holder of beneficial interest of 100% of the subject properties and has filed Petition No. 9503 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 this petition 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 ---PAGE BREAK--- Page 2 of 5 WHEREAS, Section 7-2-4211 MCA requires municipalities to include the full width of any public right-of-way adjacent to property being annexed, therefore, the City has included the full width of the adjacent Tower Street public right-of-way in the annexation boundary; and WHEREAS, the City Council has determined that city services are being provided to the subject properties as they are currently being 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. FURTHER, said city services will continue uninterrupted by annexation. WHEREAS, in accordance with the Government Lands Method of annexation described in Subsection 7-2-4406(2) MCA, this annexation shall be effective 30-days from the approval of annexation on the 13th day of January; and WHEREAS, the subject properties, as shown on Exhibit A, are currently zoned in Missoula County as: a. The City’s Tower Street Open Space described as Tracts 2, 3 and 4 of COS No. 5427, Lot 2, Dinsmore’s Orchard Homes No. 4 and the tract of land described in Book 740, Micro Page 650 are currently zoned C-RR1 in the County with a land-use designation as Parks and Open Space and Floodway in accordance with the Missoula County Growth Policy 2005 Update; and b. The Wastewater Facility parcel described in Book 737, Micro Page 887 is currently zoned C-RR1 and C-RR3 in the County with a land-use designation as Residential-4 dwelling units per acre and Parks and Open Space per the Reserve Street Area Plan 1995 Update, which was an amendment to the Missoula County Growth Policy 2005 Update. In accordance with Missoula Municipal Code Section 20.85.050(l)(2c.) providing criteria for zoning upon annexation, it is the City Council’s intent to zone the subject properties as: a. The said City’s Tower Street Open Space to be zone OP-1 Open Space District in the City upon annexation; and b. The said Wastewater Facility parcel to be zoned OP-3 Public Lands and Institutional District in the City upon annexation. WHEREAS, the subject properties are geographically situated so that they are contiguous to City Council Ward Area Nos. 2 and 6, it is the City Council’s intention to assign the subject properties to Council Ward Areas as follows: a. Ward No. 2 shall incorporate the said Wastewater facility parcel; and b. Ward No. 6 shall incorporate the said City Tower Street Open Space parcels. FURTHER the subject properties are geographically situated so that they are contiguous to the Captain John Mullan and River Road Neighborhood Council Districts and City Council intends that the subject properties will become part of and be included within: a. Captain John Mullan Neighborhood Council District shall incorporate said Wastewater Facility parcel upon annexation; and b. River Road Neighborhood Council District shall incorporate said City Tower Open Space parcels upon annexation. NOW THEREFORE, BE IT RESOLVED that it is the intent of the City Council to annex the subject properties, zone them OP-1 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 18, 2010 and November 25, 2010, a notice that such ---PAGE BREAK--- Page 3 of 5 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 13, 2010, and that a City Council public hearing shall be held Monday, December 13, 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. PASSED AND ADOPTED this day of November, 2010. ATTEST: APPROVED: Martha L. Rehbein, CMC John Engen City Clerk Mayor (SEAL) ---PAGE BREAK--- Page 4 of 5 ---PAGE BREAK--- Page 5 of 5