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Page 1 of 3 Return to: City Clerk City of Missoula 435 Ryman Street Missoula MT 59802-4297 RESOLUTION NUMBER 7510 A RESOLUTION VACATING THE JIM MEYER SUBDIVISION. (SECTION 21, TOWNSHIP 13 NORTH, RANGE 19 WEST, P.M.M.) DESCRIPTION: Beginning at the northwest corner of Lot 1 of Carolyn Addition, a subdivision of Missoula County and the TRUE POINT OF BEGINNING; thence along the east right-of-way of Reserve Street, N.00º13’03”E., 120.03 feet; thence departing said right-of-way, N.89º58’50”E., 622.83 feet to a point on the east boundary of said Lot 29; thence along said east boundary, S.00º16’21”E., 120.01 feet to the northeast corner of Lot 7 of Clark Street Townhomes, a subdivision of Missoula County; thence along the north boundaries of said Clark Street Townhomes and Carolyn Addition, S.88º58’50”W., 623.86 feet to the TRUE POINT OF BEGINNING. 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. WHEREAS, Jim Meyer Subdivision is a two-lot subdivision filed in 2008 in the City of Missoula and illustrated in Attachment A. WHEREAS, Jim Meyer Subdivision is located on the east side of Reserve Street, and adjacent to the western terminus of Kensington Avenue. WHEREAS, the City of Missoula received a petition from the owner of the land to vacate the Jim Meyer Subdivision plat. WHEREAS, the City Council of the City of Missoula, Montana, did on the 8th day of March, 2010, adopt Resolution of Intention No. 7508 declaring it to be the intention of the City Council to vacate all that portion of the platted Jim Meyer Subdivision, located in Section 29, Township 13 North, Range 19 West, P.M.M. WHEREAS, attachments to Resolution of Intention 7508 illustrate the petition to vacate Jim Meyer Subdivision, the Subdivision Improvements Guarantee and related Letter of Credit. WHEREAS, 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. WHEREAS, 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. ---PAGE BREAK--- Page 2 of 3 WHEREAS, the City has assessed the status of any utilities on the property and finds no evidence of utilities that would require retention of utility easements as shown on the Jim Meyer Subdivision Plat in accordance with 76-3-305(2) MCA. WHEREAS, the City Council has reviewed the petition to vacate Jim Meyer Subdivision based on public interest factors, including but not limited to vacation of public easements and public roads. WHEREAS, 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. WHEREAS, the property with the bearings and distances description on the first page of this ordinance will no longer be subject to the Jim Meyer Subdivision conditions of approval. WHEREAS, the City Council has investigated and determined 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 plat’s cancellation or annulment in accordance with Article 1-8(A) of the Missoula City Subdivision Regulations. WHEREAS, the petitioner has furnished sufficient information demonstrating that there are no liens or mortgages on the property. WHEREAS, the approval of a resolution memorializing City Council’s decision to vacate the Jim Meyer Subdivision protects the City’s monetary interests related to the Subdivision Improvements Guarantee and associated Letter of Credit. WHEREAS, notice of the public hearing on the subdivision plat vacation was posted in three places on March 12, 2010 in accordance with Article 1-8(C) of the Missoula City Subdivision Regulations. WHEREAS, notice of the public hearing on the subdivision plat vacation was given by certified mail to the landowners and others deemed to have an interest in the land in accordance with Article 1-8(B) of the Missoula City Subdivision Regulations. WHEREAS, the notice of public hearing on the subdivision plat vacation was published 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 in accordance with Article 1-8(C) of the Missoula City Subdivision Regulations. THEREFORE BE IT RESOLVED THAT THE CITY COUNCIL of the City of Missoula, Montana hereby vacates the former subdivision known as Jim Meyer Subdivision, a minor subdivision receiving preliminary plat approval on March 22, 2004. BE IT FURTHER RESOLVED that the City Clerk is directed to record the approved resolution at the Missoula County Clerk and Recorder’s Office. PASSED AND ADOPTED this 22nd day of March, 2010. ATTEST: APPROVED: Martha L. Rehbein John Engen Martha L. Rehbein, CMC John Engen City Clerk Mayor (SEAL) ---PAGE BREAK--- Page 3 of 3 ATTACHMENT A