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Page 1 of 4 Return to: City Clerk City of Missoula 435 Ryman Street Missoula MT 59802-4297 RESOLUTION NUMBER 7421 A RESOLUTION ANNEXING LOT 35A, CERTIFICATE OF SURVEY NO. 4567 AND THE ADJACENT PLATTED ALLEY ON THE NORTHERN BOUNDARY OF THE PROPERTY, ZONING THE PROPERTY CITY SPECIAL DISTRICT NO. 2 (SD#2), AND INCORPORATING THE AREA INTO THE CITY OF MISSOULA BOUNDARY. (NORTHEAST QUARTER SECTION 30, TOWNSHIP 13 NORTH, RANGE 19 WEST, P.M.M.) LEGAL DESCRIPTION: All of Lot 35A, Certificate of Survey No. 4567 as filed on March 20, 1996 at the Missoula County Clerk and Recorder’s Office, and all the platted alley right-of-way abutting the north boundary of said Lot 35A from the east lot line of said Lot to the west lot line of said Lot as shown on the official plat of the U.S. Government No. 2 Subdivision filed on November 30, 1954 at the Missoula County Clerk and Recorder’s Office, all located in Section 30, Township 13 North, Range 19 West, P.M.M.; shown on attached Exhibit A and made a part of this resolution. WHEREAS, Scott and Tracy Matz, owners of 100% of the property described herein, have filed Petition No. 9417 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, City staff has completed a financial analysis and the City Council has determined that it is able to provide municipal police protection, fire protection, street maintenance, sanitary sewer 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 the annexation; and WHEREAS, the property described herein is currently zoned in Missoula County as Special District No. 2 (County SD#2), the proposed comparable zoning in the City is Special District No. 2 (City SD#2), in accordance with MCA 76-2-303 and Missoula Municipal Code 19.72.060(B)(1)(a.), it is the intention of the City of Missoula to annex this property with the zoning of City SD#2. FURTHER, the parcel is so situated that it be assigned to City Council Ward Area No. 6 and the Franklin to Fort Neighborhood Council District and Council intends that the area will become part of and be included within Ward No. 6 and the Franklin to Fort Neighborhood Council District after annexation; and WHEREAS, City Council Resolution No. 7410, adopted April 6, 2009 established a policy for the use of development agreements when the owner of property requests annexation of the property and the annexed property will benefit from city services; this annexation is conditioned upon the execution of a related annexation development agreement. FURTHER, that the related annexation development agreement be executed with 30-calendar days from the date of the adoption of this resolution or the annexation, including city zoning, will become null and void and the property shall revert to its original status in the County of Missoula; and ---PAGE BREAK--- Page 2 of 4 WHEREAS, the Petitioner’s and City have negotiated the required annexation development agreement in accordance with City Council Resolution No. 7410; and WHEREAS, the City Council did on the 16th day of July, 2007 schedule a public hearing to be held at its regularly scheduled City Council meeting, to hear all matters pertaining to the subdivision, annexation and zoning of the described property; and WHEREAS, the City Clerk did published notice of such proposed extension of the city limits on April 26, 2009 and May 3, 2009 as provided by Section 76-2-303 MCA; and WHEREAS, the City Council did on the 11th day of May, 2009, hear all matters pertaining to the annexation and zoning of the herein before described property, and WHEREAS, in the judgment of the City Council of the City of Missoula, Montana, it is deemed to be in the best interest of the City of Missoula, the inhabitants thereof and the future inhabitants of the tracts and parcels of land described herein which has petitioned for annexation and is within the urban growth boundary that the boundaries of the City of Missoula shall be extended to include the same within the corporate limits. NOW, THEREFORE, BE IT RESOLVED, that the corporate limits of the City of Missoula be extended to annex the tracts of land, herein described and shown on Exhibit A attached hereto; and BE IT FURTHER RESOLVED, that the parcel is hereby zoned City SD#2, and assigned to Council Ward Area No. 6 and the Franklin to Fort Neighborhood Council District; and BE IT FURTHER RESOLVED that the annexation and zoning is conditioned upon the successful execution of a development agreement within 30-calendar days from the date of this resolution. FURTHER, that the annexation and zoning of the property shall become null and void and the property shall revert to its original status in the County of Missoula upon failure of the City and owners to execute the negotiated development agreement within 30-calendar days; 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 11th day of May, 2009. ---PAGE BREAK--- Page 3 of 4 ATTEST: APPROVED: Martha L. Rehbein John Engen Martha L. Rehbein John Engen City Clerk Mayor (SEAL) ---PAGE BREAK--- Page 4 of 4 16 17 18 19 20 21 22 23 24 25 32 33 34 36 A U.S. GOVERNMENT SUBDIVISION #2 ION COS 4603 A COS 906 598A 35-A 35-B COS 4567 RES. NO. 5546 (2/14/1994) RES. NO. 5477 (8/23/1993) RES. NO. 5762 (8/21/1995) RES. NO. 6891 (3/7/2005) RES. NO. 5546 (2/14/1994) RES. NO. 5546 (2/14/1994) RES. NO. 5746 (8/7/1995) 26TH AVE RESERVE ST MOUNT AVE SUNSET LN S 14TH ST W EXHIBIT Legend Annexation Right-of-way Annexation City Limits as of 03-16-2009 Prepared by: CITY OF MISSOULA ENGINEERING DIVISION - GIS / MAPPING SECTION Lot 35-A, Certificate of Survey No. 4567 and adjacent S 14th St. W. Right-of-way located in NE1/4 of Section 30, T.13 R.19 P.M.M. adjacent platted alley right-of-way