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Page 1 of 4 Return to: City Clerk City of Missoula 435 Ryman Street Missoula MT 59802-4297 RESOLUTION NUMBER 7479 A RESOLUTION ANNEXING TRACT 2 OF CERTIFICATE OF SURVEY NO. 5850, COMMONLY KNOWN AS PROPOSED CLARK FORK TERRACE NO. 1 SUBDIVISION, ZONING THE PROPERTY RLD-1, AND INCORPORATING THE AREA INTO THE CITY OF MISSOULA BOUNDARY. (NORTH HALF OF SECTION 20, TOWNSHIP 13 NORTH, RANGE 18 WEST, P.M.M.) LEGAL DESCRIPTION: All of Tract 2 as described and shown on the official Certificate of Survey No. 5850 filed July 28, 2006 in the Missoula County Clerk and Recorder’s records and located in the north half of Section 20, Township 13 North, Range 18 West, P.M.M. shown on Exhibit A attached hereto and made a part hereof. WHEREAS, Neighborhoods by Design, L.L.C., owner of 100% of the property described herein, has filed Petition No. 9243 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 herein described property is proposed for subdivision and development as Clark Fork Terrace Addition No. 1 and the owner is seeking and has requested: 1) to extend and connect 38 new residential lots to municipal sanitary sewer service; 2) comparable city zoning; 3) City subdivision review under City of Missoula standards in accordance with M.C.A Section 76-3-601, Subsection 2.d.; and 4) rezoning to RLD-2; and 5) annexation for the proposed development; and WHEREAS, the herein described property is within the City of Missoula Wastewater Treatment Facility service area boundary, the facility has current and future capacity to serve the property and development; and the owners/developers will pay all costs to extend the municipal sanitary wastewater facility collector service to the property; and WHEREAS, the City Council has determined that it is willing to consider the owner’s requests and is willing to extend its jurisdiction to include the described property within its corporate boundary with the condition that the annexation of the property and City responsibility for service to the property, except those contracted for by agreement, will immediately become null and void upon: 1. Disapproval by the City Council of the request to subdivide; or 2. Withdrawal of the subdivision request by the owners or their representative prior to Council vote on the subdivision; and WHEREAS, the City Council’s policy for coordinated annexations with subdivision review conditions the coordinated projects upon successful completion of city subdivision approval and completion of an annexation development agreement; and WHEREAS, City staff has completed a service and financial impact analysis and the City Council has determined that it is able to provide municipal police protection, fire protection, street maintenance, and ---PAGE BREAK--- Page 2 of 4 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 C-RR1 (Residential) and the recommended comparable zoning in the City is RLD-1 (Residential Low Density), 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 RLD-1 (Residential Low Density). FURTHER, the parcel is so situated that it is contiguous to City Council Ward Area No. 1 and the Council intends that the area will become part of and be included within Ward No. 1 after annexation; and WHEREAS, the City Council did on the 13th day of November, 2006 adopted Resolution 7179 stating its intention to coordinate a simultaneous subdivision review, zoning and annexation process on behalf of the herein described property and a public hearing was scheduled for December 22, 2008, tabled and rescheduled for September 21, 2009. FURTHER, at its regularly scheduled City Council meeting of September 21, 2009 heard all matters pertaining to the annexation, zoning and subdivision for the described property; and WHEREAS, the City Clerk did published notice of such proposed extension of the city limits on December 7, 2008 and December 14, 2008 and republished on September 6, 2009 and September 13, 2009 as provided by Section 76-2-303 MCA; and WHEREAS, the City Council did on the 21st day of September, 2008, hear all matters pertaining to the annexation and zoning of the herein 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 tract of land, herein described and shown on Exhibit A attached hereto; and BE IT FURTHER RESOLVED, that the parcel is hereby zoned RLD-1 “Residential Low Density,” and assigned to Council Ward Area No. 1. BE IT FURTHER RESOLVED, that the annexation of this parcel is conditioned on the approval of a subdivision by the City and execution of a development agreement by the developer of the property including the conditions of subdivision approval, and that the annexation, zoning and subdivision will be declared null and void upon the failure of either of these conditions; 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, ---PAGE BREAK--- Page 3 of 4 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 28th day of September, 2009. ATTEST: APPROVED: Martha L. Rehbein John Engen Martha L. Rehbein John Engen City Clerk Mayor (SEAL) ---PAGE BREAK--- Page 4 of 4 2 3 1 2 1 1 3 2 4 5 7 6 9 8 OLD BOUNDARY 10-A TRACT 1 2 4-A 3-A 19 18 17 16 1514 13 12 11 10 98 7 65 4 3 2 1 15 14 13 12 11 10 9 8 2 1 23 22 21 20 19 18 17 16 15 14 13 12 11 10 9 8 7 1 A A B A B C C 1 TRACT D TRACT C 24B 24A 1A2A3A4A5A6A 24C 1 2 3 4 5 GOLF COURSE LOT 4 GOLF COURSE LOT 3 1B 2B 3B 4B 5B 6B 7B 8B 9B 10B 11B 12B 13B 8A 8B LOT 3 ADDITION HEYER PINE GROVE SUBURBAN ACRES PINE GROVE SUBURBAN ACRES LOT 10-A & TRACT 1 HEYER ADDITION THE THIBODEAU AND POITRAS TRACT BK 25 PG 16 QUIET PINES LOTS BK 32 PG 36 TRACT 1 COS 3300 TRACT A COS 4437A TRACT B-1 COS 5123 B-2 5123 COS TRACT COS 356 COS A 4278 3604 PORTION A TRACT 1 PORTION A PORTION B TRACT 1 COS 3289 COS 3300 PORTION A COS 3300 PORTION B COS 4473 TRACT 1 COS 3943 COS 3943 COS 3943 COS 1355 TRACT 1 TRACT 2 D C B A COS 376 COS TRAC PORTION A TRACT 2-A-1-A COS 3753 COS 3653 PARCEL A A-2 A-1 TRACT 1 COS 4491 PARCEL E-1 COS 4491 PORTION A PORTION B PORTION C OLD BOUNDARY COS 4051 PARCEL A COS 3566 COS 4501 TRACT 5 PORTION A COS 4871 TRACT 1 COS 4871 TRACT 2 COS 4871 COS 5241 TRACT 3B COS 5241 TRACT 3A 21-A COS 5037 TRACT 1 4973 COS 6-A TRACT 21-A COS COS 5037 TRACT 2 COS 4973 TRACT 5-A TRACT 1 COS 5850 TRACT 2 COS 5850 TRACT 3 COS 5850 COS 6028 CLARK FORK RIVER HIGHWAY 200 DEER CREEK RD INTERSTATE 90 EB JUNIPER DR INTERSTATE 90 WB ZAUGG DR KIM WILLIAMS TRL BANDMANN TRL TAMARACK RD PINE GROVE LN INTERSTATE 90 RAMP UNNAME 34 AABEAR LN SHOOTING CENTER LN MARS LN UNNAME 34 UNNAME 34 RES. NO. 7165 (10/2/2006) RES. NO. 7300 (11/26/2007) EXHIBIT Legend Annexation City Limits as of 11-10-2008 Located in the N1/2 of Section 20, T.13 R.18 P.M.M. Prepared by: CITY OF MISSOULA ENGINEERING DIVISION - GIS / MAPPING SECTION Tract 2, Certificate of Survey No. 5850 (Proposed Clark Fork Terrace Addition No.1)