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1 RESOLUTION NO. 06-18472 A RESOLUTION OF THE CITY OF BILLINGS APPROVING PETITION 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 located in the NE1/4 of Section 10, T.1S., R.25E., and the SE1/4 of Section 3, T.1S., R.25E., P.M.M., Yellowstone County, Montana, being more particularly described as: Tract 1 and that portion of Tract 4 (a road Tract) adjacent to the north line of Tract 1 of Corrected Amendment Of Tracts 1 And 3 and Remainder Tract 2 To Be Amendment Of Tracts 1, 2 And 3 Certificate Of Survey No 1648, Recorded July 20, 1994, Under Document No. 1749237, Records of Yellowstone County, Montana, including all adjacent right-of-way of Central Avenue. Containing 14.549 gross acres and 14.077 net acres. 06-12) See Exhibit Attached 2. CONDITIONS. The annexation is approved subject to the following conditions: 1. 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 ---PAGE BREAK--- 2 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. 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 28th day of August, 2006. THE CITY OF BILLINGS: BY: Ron Tussing, MAYOR ATTEST: BY: Marita Herold, CMC/AAE CITY CLERK ---PAGE BREAK--- 3