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City of Missoula, Montana Item to be Referred to City Council Committee Committee: Plat, Annexation and Zoning Committee Item: Petition #9386 to Annex a Portion of Chuck Wagon Drive Date: July 1, 2009 Prepared by: Carla Krause, Special Services Administrator Initiated by: R. Family Limited Partnership Action Required: Consider annexing portions of Chuck Wagon Drive easement granted to the City for public access off Mullan Road to Forty-Four Ranch Estates and 44 Ranch Subdivision. Recommended Motion: Recommend that Council adopt a resolution to annex the described portions of Chuck Wagon Drive. Timeline: Referral to committee: Was referred October 20, 2008 Committee discussion: July 8, 2009 Council acts to set hearing: No hearing required Public Hearing: None Background and Alternatives Explored: In 2008, Shelter West, Family and Grass Valley granted a public access easement to the City known as Chuck Wagon Drive. The road easement forms a connection from Mullan Road to Lariat Loop in the Forty-Four Ranch Estates Addition and beyond to the new 44 Ranch Subdivision. Two portions granted by the Family are outside the City’s jurisdiction and require annexation. The Family submitted the petition to annex along with the easements for the road. The annexation portion of the project wasn’t urgent and was left until staff time allowed the work to proceed. Chuck Wagon Drive forms part of and contributes to the planned grid road system in the Mullan Road area. The portions to be annexed combined with other road portions in the City provide links to existing public roads in the surrounding neighborhood. No additional costs are incurred with this annexation as the City is already providing service to the area. Because this is public roadway, zoning with annexation is not required. The petition method of annexation without comparable zoning is the simplest form of annexation ---PAGE BREAK--- law. The City is required to adopt a resolution of annexation and file the resolution at the County Clerk and Recorder’s office to complete this simple annexation process. Financial Implications: None. Attachments: Mullan Area Road Grid Map Easement Exhibits Resolution to Annex ---PAGE BREAK--- Chuck Wagon Drive Location Forty-Four Ranch Estates 44 Ranch ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- 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 EASEMENT AREA A AND B OF CHUCK WAGON DRIVE FOR WHICH THE OWNER HAS PETITIONED FOR ANNEXATION (SECTION 13, TOWNSHIP 13 NORTH, RANGE 20 WEST, P.M.M.) LEGAL DESCRIPTION: A portion of property located in the Southeast Quarter of the Northwest Quarter and in the Northwest Quarter of Section 13, Township 13 North, Range 20 West, P.M.M. and designated as Chuck Wagon Drive, described and shown more fully on Easement Exhibit Area A and Easement Exhibit Area B attached hereto and made a part hereof. WHEREAS, Michael E. Marsha L. Morgenstern and Susan A. Austin of the R. Family Limited Partnership, owner of 100% of the property described herein, has filed Petition No. 9386 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 R. Family Limited Partnership has granted a permanent public road easement for the construction and continuation of a portion of Chuck Wagon Drive providing ingress and egress from Mullan Road to Forty-Four Ranch Estates and 44 Ranch, City of Missoula subdivisions; and WHEREAS, Chuck Wagon Drive contributes to and is part of a larger grid road system providing useful public transportation options to a larger area; and WHEREAS, it is the considered and reasoned judgment of the City Council of the City of Missoula that the City is able to provide and has been providing 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 Easement Exhibit Area A and Easement Exhibit Area B attached hereto and designated as a portion of Chuck Wagon Drive; 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 ---PAGE BREAK--- 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 2009. ATTEST: APPROVED: Martha L. Rehbein John Engen City Clerk Mayor (SEAL) ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK---