City of Missoula 435 Ryman Street

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	City of Missoula
	435 Ryman Street
	Missoula MT 59802-4297

RESOLUTION NUMBER ____________

A RESOLUTION EXTENDING THE CORPORATE LIMITS OF THE CITY OF MISSOULA, MONTANA, TO ANNEX WITHIN THE BOUNDARIES OF THE CITY PORTIONS OF RAILROAD, EAST BROADWAY AND INTERSTATE-90 RIGHTS-OF-WAY GENERALLY LOCATED BETWEEN THE VAN BUREN AND INTERSTATE 90 INTERCHANGE AND THE EAST MISSOULA AND INTERSTATE 90 INTERCHANGE (SECTIONS 23, 24, 25 AND 26, TOWNSHIP 13 NORTH, RANGE 19 WEST, P.M.M.)

LEGAL DESCRIPTION: All that portion of Interstate 90 Right-of-Way, Montana Rail Link Right-of-way and East Broadway (State Highway 200) Right-of-Way located in the S1/2 of Section 23, the N1/2 of Section 26 and the SW1/4 of the SW1/4 of Section 24 all in T.13 N., R.19 W., P.M.M. bounded by the following aliquot parts of said section 24, annexation resolutions, ordinances and the original incorporation:

On the West by:

Original Incorporation of 1883

On the North by:

Resolution Number 5384 dated 12/28/1992

Resolution Number 6088 dated 1/5/1998

North Line of the SW1/4 SW1/4 of said Section 24

On the East by:

East Line of the SW1/4 SW1/4 of said Section 24

On the South by:

Ordinance Number 2039 dated 7/16/1979

Resolution Number 3751 dated 3/13/1978

Resolution Number 3260 dated 10/1/1973

Resolution Number 3063 dated 9/20/1971

Resolution Number 4873 dated 3/27/1989

and as shown on Exhibit “A” attached hereto and made a part of.

WHEREAS, Section 7 2 4211 M.C.A. requires municipalities to include the full width of any public right of way adjacent to property being annexed, therefore, the City has included all the rights-of-way described within as part of the annexation boundary; and

WHEREAS, Montana Rail Link, owner of the railroad right-of-way parcel described herein, has filed Petition No. 7653 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 City owns and maintains a municipal sanitary sewer interceptor installed within portions of the rights-of-way in the annexation boundary; and

WHEREAS, these right-of-way parcels are so situated as to be assigned to City Council Ward Area No. 1and the Heart of the City Neighborhood Council District , it is the intention of the Council of the City of Missoula to add this parcel to Council Ward Area No. 1 and the Heart of the City Neighborhood Council District; and

WHEREAS, it is the carefully considered judgment of the City Council of the City of Missoula that the City is able to provide municipal services to the area proposed for annexation and that such services will be provided immediately upon completion of 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 tracts of right-of-way land, herein described and shown on Exhibit A attached hereto; and

BE IT FURTHER RESOLVED, that the property is hereby assigned to Council Ward Area No. 1 and the Heart of the City Neighborhood Council District; 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 ____ day of June, 2010.
ATTEST: APPROVED:

Martha L. Rehbein, CMC John Engen

City Clerk Mayor

(SEAL)

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