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THE CITYr9F BITS: BY: ATTEST: BY: awn, arita Herold, CMG1AALaTY CLERK :wow RESOLUTION 05-18305 A RESOLUTION OF THE CITY OF BILLINGS APPROVING PETITIONS FOR ANNEXATION AND ANNEXING TERRITORY TO THE CITY. WHEREAS, one hundred percent (100%) of the freeholders who constitute more than fifty percent (50%) of the resident freeholder electors have petitioned the City for annexation of the territory hereinafter described; and WHEREAS, the territory was described in the Petition as required by law, and WHEREAS, annexation of said territory would be in the best interest of the City. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BILLINGS, MONTANA, AS FOLLOWS: 1. TERRITORY ANNEXED. Pursuant to Petition filed as provided M.C.A., Title 7, Chapter 2, Part 46, the following territory is hereby annexed to the City of Billings: A tract of land situated in the SW1/4 of Section 31, T.1N., R.25E., P.M.M., Yellowstone County, Montana, more particularly described as: Sunny Cove Fruit Farms, Lot 123, Recorded April 27, 1910, Under Document No. 21540, Records of Yellowstone County, Montana; including all adjacent right-of-way of 60th Street West and Grand Avenue. Containing 10.532 gross and 9.328 net acres, more or less. (See Exhibit Attached) 05-04) 2. CONDITIONS. The annexation is approved subject to the following conditions: That prior to development of the site the following shall occur: a. A Development Agreement shall be executed between the owner(s) and the City that shall stipulate specific infrastructure improvements and provide guarantees for said improvements; or b. A Subdivision Improvements Agreement (SIA) and Waiver of Protest the Creation of an SID shall be approved and filed that will stipulate specific infrastructure improvements and provide guarantees for such infrastructure improvements. The subdivider will be responsible for forming a Park Maintenance District at the time of subdivision. 3. PROCEDURE. All procedures as required under M.C.A. Title 7, Chapter 2, Part 46, have been duly and properly followed and taken. PASSED by the City Council and APPROVED this 11th day of July, 2005. :Ilsi , se 6S. • S * / • \ Fray, F. Charles F. Tooley, MAYOR Dot* man isme mass ot sue mast (ANNEX #05-04) ---PAGE BREAK--- EXHIBIT A cm aka a a• F00012 00001 gert-100hrth 04pr nen .0 n•frru5.01.m. LaIMMOD grump ^P,Int., EXISTING CITY UNIT PROPOSED ANNEXATION 06-04 EXISTING CITY UNITS