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Page 1 Return to: City Clerk City of Missoula 435 Ryman Street Missoula MT 59802-4297 RESOLUTION NUMBER 7443 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 ---PAGE BREAK--- Page 2 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 13th day of July, 2009. ATTEST: APPROVED: Martha L. Rehbein John Engen Martha L. Rehbein John Engen City Clerk Mayor (SEAL) ---PAGE BREAK--- Page 3 ---PAGE BREAK--- Page 4 ---PAGE BREAK--- Page 5 ---PAGE BREAK--- Page 6