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RESOLUTION NO. 08-18702 A RESOLUTION OF THE CITY OF BILLINGS APPROVING PETITIONS FOR ANNEXATION AND ANNEXING TERzuTORY 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 Cify for annexation ofthe territory hereinafter described; and WHEREAS, the territory was described in the Petition æ 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. TERzuTORY 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: Tracts of land situated in the Sl/2 of Section 10, T.1S., R.25E., P.M.M., Yellowstone County, Montana, more particularly described as: Tracts 14, 2A,3A,4A, & 5A, Certificate of Survey 2063, Amended, Recorded April 7, 2008, under Document No, 3460596, Records of Yellowstone County. Including all adjacent right-of-way of King Avenue West. Containing 114.669 gross açres, and 114.298 net acres. 08-01) See Exhibit Attached 1. CONDITIONS. The annexation is approved contingent upon the following conditions: L The maximum quantity of City water supplied to this property will be 600,000 gallons/day until such time as the first water storage improvement project for Zone 3 is completed. At the time of completion of the first reservoir improvement, an additional 300,000 gallons/day will be available. Once the final improvement to Zone 3 is completed the entire 1.2 million gallons/day will be available. Availability of water will be evaluated by the Public Works Department after 600,000 gallons/day based on actual and proposed usage to ensure domestic and fire supply and pressure. 2. Prior to site development, a Development Agreement shall be executed between the owner(s) and the City that shall stipulate specific infrastructurc improvements and provide guarantees for said improvements; and/or 3. A Subdivision Improvements Agreement (SIA) and Waiver of Right to Protest the Creation of Special Improvement Districts shall be approved and filed that will stipulate specific infrastructure improvements and provide guarantees for such infrastructure improvements. If required, 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 becn duly and properly followed and taken, ---PAGE BREAK--- { PASSED by the City Council and APPROVED this 14th day of April, 2008. THE CITY OF BILLINGS: BY: (AN #08-01) EXI-[IBIT Cari Martin, City Clerk