Staff recommends that the City Council approve the Annexation Agreement with Molly & Darrell Spaeny and Michelle Amen.

City Council will consider annexation of Tract 1 of Certificate of Survey 1400, Tract 2-B of Certificate of Survey 2064 Amended, and Tract 2A of Certificate of Survey 3125.  The property proposed to be annexed is located north of King Avenue West, west of Shiloh Road.  Typically, as a condition of approval of the annexation, the property owner enters into an Annexation Agreement with the City of Billings outlining necessary public improvements.  The Annexation Agreement outlines the off-site improvements necessary for development including access to the site and construction of water, sanitary sewer, and storm drain.  The Annexation Agreement provides for City required off-site improvements should the property be annexed and developed without a subdivision plat.

Currently, all of these properties are developed and King Avenue West is completed along the frontage of the properties.  They are annexing in order to obtain utilities.  The Annexation Agreement for this Council action generally includes the following conditions or improvements:

• Completion of a portion of the multi-use path; and
• Waiver of Right to Protest.

City Council may:

• If the annexation is approved, then approve the Annexation Agreement with the property owner; or
• Not approve the Annexation Agreement.  If the agreement is not approved, the responsibility for infrastructure improvements would be in accordance with policies in place at the time of re-development.  

If the annexation agreement is approved, the property owners will be required to install the multi-use path. If it is not approved, the city would bear the cost for the trail.