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Return to: City Clerk City of Missoula 435 Ryman Street Missoula MT 59802-4297 ATTACHMENT A-1 RESOLUTION NUMBER A RESOLUTION DECLARING IT TO BE THE INTENTION OF THE CITY COUNCIL OF THE CITY OF MISSOULA, MONTANA, TO VACATE JIM MEYER SUBDIVISION. (SECTION 21, TOWNSHIP 13 NORTH, RANGE 19 WEST, P.M.M.) BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MISSOULA, MONTANA. SECTION I. THAT Jim Meyer Subdivision is a two-lot subdivision filed in 2008 in the City of Missoula as shown on Attachment A-2 attached hereto. SECTION II. THAT the City of Missoula received a petition from the owner of the land to vacate Jim Meyer Subdivision dated February 8, 2010 as shown on Attachment A-3 attached hereto. SECTION III. THAT it is the intention of the City Council of the City of Missoula, Montana, to hold a public hearing to consider the petition to vacate all that portion of the platted Jim Meyer Subdivision, located in Section 29, Township 13 North, Range 19 West, P.M.M. as shown and described in Attachments A-2 and A-3 attached hereto. The City of Missoula uses public records, filed plats and Certificates of Surveys of record filed at the Missoula County Clerk and Recorder’s Office for all descriptions and dimensions described within. It is the property owners’ responsibility to obtain the services of a licensed surveyor for an exact location of property lines described by this resolution. SECTION IV. THAT Article 1-8 of the Missoula City Subdivision Regulations provides for the proper vacation of plats from the County record under the provisions of M.C.A. Title 76-3-305, 7-5-2501, 7-5- 2502, 7-14-2616(l), 7-14-2617, 7-14-4114 and 7-14-4115. SECTION V. THAT Section 76-3-305(1) MCA of the Montana Subdivision and Platting Act authorizes the vacation of any prepared and recorded plat taking into consideration the previous platting. SECTION VI. THAT it is the intention of City to assess the status of any underlying utilities on the property and to require retention of utility easements for existing utilities in accordance with 76-3-305(2) MCA. SECTION VII. THAT it is the City Council’s intent to review the petition to vacate Jim Meyer Subdivision based on public interest factors, including but not limited to vacation of public easements and public roads. SECTION VIII. THAT the vacated subdivision will revert to the underlying legal description upon formal vacation by the Missoula City Council in accordance with Article 1-8 of the Missoula City Subdivision Regulations. SECTION IX. THAT it is the City Council’s intent to investigate and determine that since the filing of the plat no land use rights of any person/utility/entity have arisen which would be adversely affected by the Page 1 of 13 ---PAGE BREAK--- plat’s cancellation or annulment in accordance with Article 1-8(A) of the Missoula City Subdivision Regulations. SECTION X. THAT the City Council desires the plat vacation process to continue through the approval of a resolution memorializing its decision to vacate the Jim Meyer Subdivision in order to protect the City’s monetary interests related to the Subdivision Improvements Guarantee and related Letter of Credit. SECTION XI. THAT if petitioners halt the petition request at any point, City Council and its staff reserve the right to impose all liabilities related to the Jim Meyer Subdivision Improvements Guarantee and related Letter of Credit upon the petitioners. SECTION XII. THAT the City Council will, at its regular meeting to be held on the 8th day of March 2010, at the hour of 7:00 P.M., in the Council Chambers of the City Hall Building at 140 West Pine Street, Missoula Montana, hear all matters pertaining to the proposed vacation as set out in the sections above. SECTION XII. THAT the City Clerk is further directed to notice a public hearing in a newspaper of local circulation on March 14, 2010 and March 21, 2010 for City Council’s decision on the subdivision plat vacation on March 22, 2010. PASSED AND ADOPTED this 8th day of March, 2010. ATTEST: APPROVED: Martha L. Rehbein John Engen City Clerk Mayor (SEAL) Page 2 of 13 ---PAGE BREAK--- ATTACHMENT A-2 Page 3 of 13 ---PAGE BREAK--- Page 4 of 13 ATTACHMENT A-3 ---PAGE BREAK--- Page 5 of 13 ---PAGE BREAK--- Page 6 of 13 ---PAGE BREAK--- Page 7 of 13 ---PAGE BREAK--- Page 8 of 13 ---PAGE BREAK--- Page 9 of 13 ---PAGE BREAK--- Page 10 of 13 ---PAGE BREAK--- Page 11 of 13 ---PAGE BREAK--- Page 12 of 13 ---PAGE BREAK--- Page 13 of 13