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RESOLUTION NO. 06-18451 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: Tracts of land situated in the NE1/4 of Section 23, T.1N., R.26E., P.M.M., Yellowstone County, Montana, more particularly described as: Being the N1/2 NE1/4 of Section 23, T.1N., R.26E., P.M.M., Yellowstone County, less Certificate of Survey 515, recorded June 28, 1952, under Document No. 493273, Records of Yellowstone County, Montana, and inclusive of all Amendments to date, including subdivisions thereof, also less Certificate of Survey 1335, recorded July 26, 1973, under Document No. 940459, Records of Yellowstone County, Montana, and inclusive of all Amendments to date; including also Certificate of Survey 999, recorded July 29, 1965, under Document No. 759624 Records of Yellowstone County, Montana. Containing 57.004 gross and net acres, more or less. 06-07) See Exhibit Attached 2. CONDITIONS. The annexation is approved subject to the following conditions: That prior to development of the site the following shall occur: ---PAGE BREAK--- 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 10th day of July, 2006. THE CITY OF BILLINGS: BY: Ron Tussing, MAYOR ATTEST: BY: Marita Herold, CMC/AAE CITY CLERK ---PAGE BREAK---