City of missoula public works/facility maintenance 435 Ryman Street, Missoula, Montana 59802-4297 memorandu m

CITY OF MISSOULA

PUBLIC WORKS/FACILITY MAINTENANCE

435 Ryman Street, Missoula, Montana 59802-4297
M E M O R A N D U M
E-2010-0706
TO: City Council
FROM: Carla Krause, Special Services Administrator
DATE: December 6, 2010
RE: Petitions No. 7660, 9470 and 9498 – Annexation of City Open Space and University of Montana Property

1. 
   A line map is attached to the staff report marked Exhibit A showing the subject parcels with numbers.
   
2. 
   City parcels are numbered 1 through 4, consisting of 577.88 acres located on Mount Sentinel, Mount Jumbo and at the end of the Kim William’s Trail.
   
3. 
   UM parcels are numbered 5 through 8, consisting of 43.00 acres located at the base and on the side of Mount Sentinel.
   
4. 
   Current zoning for the parcels has been reviewed by the Office of Planning and Grants. OPG recommends zoning upon annexation for:
   
   1. 
      Parcel 1, which is currently unzoned in the County, be zoned as OP-1 Open Space in the city in accordance with 20.85.050(l)(2)(c);
      
   2. 
      Parcels 2 and 3 that are currently zoned C-A1 Open and Resource in the County be zone as OP-2 Open and Resource in the city in accordance with 20.85.050(l)(2)(a) and (c);
      
   3. 
      Parcel 4, which is currently zoned as C-RR1 Low Density Residential in the County be zoned as OP-1 Open Space in the city in accordance with 20.85.050(l)(2)(c); and
      
   4. 
      Parcels 5, 6, 7 and 8 that are currently zoned as C-P1 Public Lands and Institutions in the County be zoned as OP-3 Public Lands and Institutions in the city in accordance with 20.85.050(l)(2)(a).
      
5. 
   Based on the geographic location of each parcel, assignments to City Council Ward areas would put:
   
   1. 
      Parcels 2, 3 and 4 into Council Ward No. 1;
      
   2. 
      Parcels 5, 6, 7, 8 and the portion of City Parcel No. 1 adjacent to and abutting Ward No. 3 would become part of Ward 3;
      
   3. 
      Remaining portion of Parcel No. 1 that is adjacent to and abutting Ward No. 4 would become part of Ward 4.
      
6. 
   Continuing to use the geographic location of each parcel, assignments to Neighborhood Council Districts would put:
   
   1. 
      Parcels No. 2 and 3 into the Lower Rattlesnake Neighborhood Council District;
      
   2. 
      Parcels No. 4, 5, 6, 7, 8 and the portion of Parcel No. 1 adjacent to and abutting the District would become part of the University Neighborhood Council District; and
      
   3. 
      Remaining portion of Parcel No. 1 that is adjacent to and abutting the District would become part of the Farviews/Pattee Canyon Neighborhood Council District.
      
7. 
   All the parcels are currently receiving City services within the existing budget so no budgetary increases are needed.
   
8. 
   The City has fulfilled the statutory requirements for proceeding with the Contiguous Government Lands method of annexation beginning with:
   
   1. 
      Adoption of Resolution 7577 stating the City’s intention to annex with zoning and scheduling of the public hearing.
      
   2. 
      Placing of legal notices in the newspaper on November 4 and 11, 2010.
      
   3. 
      Observing a 25-day public comment period that more than meets the minimum 20-day requirement.
      
   4. 
      Conducting the public hearing to be followed by Council’s vote.
      
   5. 
      If Council adopts the resolution of annexation included in tonight’s packet, the annexation of the parcels becomes effective 30-days after approval, which would be January 6, 2011.
      
   6. 
      Within the 30 days after approval the City Clerk must file a certified copy of the resolution at the County Clerk and Recorder’s Office.
      

Attachments: Resolution of Annexation

Return to:	City Clerk
	City of Missoula
	435 Ryman Street
	Missoula, Montana 59802-4297

RESOLUTION NUMBER

A RESOLUTION EXTENDING THE CORPORATE LIMITS OF THE CITY OF MISSOULA, MONTANA, TO ANNEX WITHIN THE BOUNDARIES OF THE CITY CERTAIN PARCELS AND TRACTS OF LAND CONSISTING OF PORTIONS OF CITY OPEN SPACE AND UNIVERSITY OF MONTANA PROPERTY LOCATED IN THE SOUTHEAST QUADRANT OF THE CITY, AND ZONE THE PROPERTY OP 1 OPEN SPACE, OP 2 OPEN AND RESOURCE LANDS AND OP 3 PUBLIC LANDS AND INSTITUTIONAL DISTRICTS. LOCATED IN SECTION 19, TOWNSHIP 13 NORTH, RANGE 18 WEST, PRINCIPAL MERIDIAN MONTANA (PMM) AND SECTIONS 24, 27, 34 AND 35, TOWNSHIP 13 NORTH, RANGE 19 WEST, PMM.

LEGAL DESCRIPTION: all those certain parcels and tracts of land commonly known as the City’s Cox Open Space on Mount Sentinel and the University of Montana’s Field House and M Trail property shown as Parcels 1 through 8 on Exhibit A and portions of City Open Space on Mount Jumbo shown as Parcels 2 through 4 on Exhibit A; all more fully described on Exhibit B said exhibits attached hereto and made part hereof.

WHEREAS, the City of Missoula and University of Montana are holders of beneficial interest of 100% of the subject property and have filed Petitions No. 7660, 9470 and 9498 with the City Clerk requesting annexation and the subject property is contiguous to the city boundary. FURTHER, the City Council has considered these petitions for annexation pursuant to the statutory Annexation of Contiguous Government Land method set forth in Title 7, Chapter 2, Part 44, Montana Code Annotated (MCA); and

WHEREAS, the City Council has determined that it is currently providing municipal services to the subject property as it is currently developed and utilized, on substantially the same basis and in the same manner as such services are provided elsewhere within the rest of the municipality, prior to annexation of the subject property. Provision of these municipal services is agreeable to the holders of beneficial interest of the property to be annexed as allowed by Subsection 7 2 4610(2) MCA. City services will continue and remain up to and after the effective date of this annexation, which shall be 30-days from the adoption of this resolution; and

WHEREAS, the subject properties, as shown on Exhibit A, are currently zoned in Missoula County as:

1. 
   Parcel No. 1 is currently un-zoned;
   
2. 
   Parcels No. 2 and 3 are currently zoned C-A1 Open and Resource Lands;
   
3. 
   Parcel No. 4 is currently zoned C-RR1 Low Density Residential 1 dwelling unit per acre; and
   
4. 
   Parcels No. 5, 6, 7 and 8 are zoned C-P1 Public Lands and Institutions.
   

In accordance with criteria providing for zoning upon annexation, it is the City Council’s intent to zone the subject properties, as shown on Exhibit A, as:

1. 
   Parcel No. 1 to be zoned OP-1 Open Space zoning in the City in accordance with criteria 20.85.050(l)(2)(c);
   
2. 
   Parcel No. 2 and 3 are to be zoned OP-2 Open and Resource Lands zoning in the City in accordance with criteria 20.85.050(l)(2)(a) and (c);
   
3. 
   Parcel No. 4 to be zoned OP-1 Open Space zoning in the City in accordance with criteria 20.85.050(l)(2)(c); and
   
4. 
   Parcels No. 5, 6, 7 and 8 are to be zoned OP-3 Public Lands and Institutional zoning in the City in accordance with criteria 20.85.050(l)(2)(a); and
   

WHEREAS, the subject properties are geographically situated so that they are contiguous to City Council Ward Area Nos. 1, 3 and 4 and it is the City Council’s intention to assign the subject properties to Council Ward Areas as follows:

1. 
   Ward No. 1 shall incorporate Parcels 2, 3 and 4;
   
2. 
   Ward No. 3 shall incorporate Parcels 5, 6, 7, 8 and the portion of Parcel No. 1 adjacent to and abutting Ward No. 3; and
   
3. 
   Ward No. 4 shall incorporate the portion of Parcel No. 1 adjacent to and abutting Ward No. 4.
   

FURTHER the subject properties are geographically situated so that they are contiguous to the Lower Rattlesnake, University and Farviews / Pattee Canyon Neighborhood Council Districts and City Council intends that the subject properties will become part of and be included within:

1. 
   Lower Rattlesnake Neighborhood Council District shall incorporate Parcels No. 2 and 3;
   
2. 
   University Neighborhood Council District shall incorporate Parcels No. 4, 5, 6, 7, 8 and the portion of Parcel No. 1 adjacent to and abutting said District; and
   
3. 
   Farviews / Pattee Canyon Neighborhood Council District shall incorporate the portion of Parcel No. 1 adjacent to and abutting said District.
   

WHEREAS, the City Council did on the 1st day of November, 2010 adopted Resolution 7577 stating its intention to annex and zone the herein described property and a public hearing was scheduled for December 6, 2010, at its regularly scheduled City Council meeting, to hear all matters pertaining to the annexation and zoning of the said property; and

WHEREAS, the City Clerk did published notice of such proposed extension of the city limits and zoning on November 4, 2010 and November 11, 2010, as provided by Section 76-2-303 MCA; and

WHEREAS, the City Council did on the 6th day of December, 2010, hear all matters pertaining to the annexation and zoning of the herein before described parcel, and

WHEREAS, it is 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.

NOW THEREFORE, BE IT RESOLVED that the corporate limits of the City of Missoula are hereby extended to incorporate and annex the property described herein on Exhibit B and shown on Exhibit A and that said action shall become effective 30-days from City Council approval of this resolution, which date is January 6, 2011 in accordance with Section 7-2-4406(2) of the MCA; and

BE IT FURTHER RESOLVED that the said property as shown on Exhibit A is hereby zoned in the city:

1. 
   Parcel No. 1 is zoned OP-1 Open Space District;
   
2. 
   Parcel No. 2 and 3 are zoned OP-2 Open and Resource Lands District;
   
3. 
   Parcel No. 4 is zoned OP-1 Open Space District;
   
4. 
   Parcels No. 5, 6, 7 and 8 are zoned OP-3 Public Lands and Institutional District; and
   

BE IT FURTHER RESOLVED that the parcels described and shown herein are hereby added to Council Ward Areas and Neighborhood Council Districts as follows:

1. 
   Ward No. 1 incorporates Parcels 2, 3 and 4;
   
2. 
   Ward No. 3 incorporates Parcels 5, 6, 7, 8 and the portion of Parcel No. 1 adjacent to and abutting Ward No. 3; and
   
3. 
   Ward No. 4 incorporates the portion of Parcel No. 1 adjacent to and abutting Ward No. 4.
   
4. 
   Lower Rattlesnake Neighborhood Council District incorporates Parcels No. 2 and 3;
   
5. 
   University Neighborhood Council District incorporates Parcels No. 4, 5, 6, 7, 8 and the portion of Parcel No. 1 adjacent to and abutting said District; and
   
6. 
   Farviews / Pattee Canyon Neighborhood Council District incorporates the portion of Parcel No. 1 adjacent to and abutting said District.
   

BE IT FURTHER RESOLVED that the minutes of the 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 this resolution so entered upon said minutes and is further instructed that this document shall be filed with the Office of the Clerk and Recorder of Missoula County. Pursuant to Section 7-2-4407, MCA.

PASSED AND ADOPTED this __________ day of December 2010.
ATTEST: APPROVED:

Martha L. Rehbein, CMC John Engen

City Clerk Mayor

(SEAL)

EXHIBIT “B”
Parcel designations as shown on Exhibit “A” attached hereto and made a part of.

Parcel 1 (City of Missoula)
Tract A of Certificate of Survey No. 5035 located in Section 27, 34 and 35 Township 13 North, Range 19 West, PMM, Missoula County, Montana.
Recording reference for Parcel 1: Book 612 Micro Page 1384.
Parcel 2 (City of Missoula)
North one-half of the Northwest one-quarter of Section 24, Township 13 North, Range 19 West, Principal Meridian, except the following described property, to-wit:
Commencing at the Southeast Corner of the North one-half of the Northwest one-quarter of Section 24, Township 13 North, Range 19 West, Principal Meridian and running thence West 676 feet; thence North, at right angles, 386 feet, 6 inches; thence East at right angles, 676 feet; thence South, at right angles along the East line of said North Half of Northwest Quarter of said Section 24, 386 feet 6 inches, to the point of beginning, Missoula County, Montana.
And also excepting Art Pine Addition which is described as follows:
Beginning at the East Corner of Block 41 of East Missoula Addition as now platted and filed in the Clerk and Recorder's Office; thence S.47°37'20'W. a distance of 101.10 feet; thence South a distance of 33.84 feet; thence West a distance of 718.0 feet; thence N.5°20'E. a distance of 301.30 feet; thence East a distance of 690.0 feet; thence South a distance of 116.26 feet; thence S.42°22'40"E., a distance of 110.80 feet to the place of beginning.
Recording Reference: Book 52 Page 967 Micro Records.
ALSO EXCEPTING THEREFROM Hidden Trail-Phase 1, Hidden Trail-Phase 2 and Hidden Trail-Phase 3, platted subdivisions in Missoula County, Montana.
Recording Reference for Parcel 2: Book 840 Micro Page 940.
Parcel 3 (City of Missoula)
6.00 acres in SW 1/4 SW 1/4 N of H/W plat S 24-13-19.
LEGAL ALSO KNOWN AS: 6.00 acres in SW 1/4 SW 1/4 N of H/W Plat S section 24, T13N, R19W.
Recording reference for Parcel 3: Book 566 Micro Page 709.
Parcel 4 (City of Missoula)
A belt, strip or piece of land two hundred (200) feet in width over and across U. S. Government Lt 6 (NW1/4 SW1/4), Section 19, T13N, R18W, PMM, Missoula County, Montana, which belt, strip or piece of land is a portion of the former right of way of the Chicago, Milwaukee, St. Paul and Pacific Railroad Company, consisting of approximately 3.6 acres, more or less.
Recording reference for Parcel 4: Book 217 Micro Page 853.
Parcel 5 (Local Executive Board of Montana State University)
A portion of the northeast quarter of the northeast quarter (NE 1/4 NE 1/4) of Section 27, Township 13 North, Range 19 West, Montana Principal Meridian more particularly described in Book 189 Deeds Page 50 (recording reference for Parcel 5).
Parcel 6 (The State of Montana)
A tract of land in the northeast quarter of the northeast quarter NE 1/4 NE 1/4) of Section 27, Township 13 North, Range 19 West, PMM more particularly described in Book 189 Deeds Page 54 (recording reference for Parcel 6).
Parcel 7 (State of Montana)
The southeast quarter of the northeast quarter (SE1/4 NE1/4) of Section 27, Township 13 North, Range 19 West of the Montana Principal Meridian more particularly described in Book 23 Deeds Page 586 (recording reference for Parcel 7).
Parcel 8 (State of Montana)
That portion of the Southwest Quarter of the Northeast Quarter of Section 27, Township 13 North. Range 19 West, Montana Meridian, more particularly described in Book 105 Deeds Page 356 (recording reference for Parcel 8).

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