Staff recommends the City of Billings approve the Resolution amending annexation 25-01, Wilson Park (Resolution No. 25-11262).

On March 24, 2025, the City of Billings passed Resolution 25-11262 annexing Wilson Park, an unplatted parcel of land situated in the northwest one-quarter (NW 1/4) of the southeast one-quarter (SE 1/4) of Section 10, Township 01 south, Range 26 east, P.M.M., Yellowstone County Montana, more particularly described as follows: Beginning at the center quarter corner of said Section 10, said point being the Point of Beginning; thence S00"00'39"W a distance of 660.40 feet; thence S89"39''19"E following the northern boundary of the right-of-way for Hannon Road a distance of 988.25 feet; thence N00'07'28'E following the western boundary of Tract 1 of Certificate of Survey No. 119 Amended a distance of 661.02 feet; thence N89"41'28'W following the southern boundary of Lot 2, Block 1 of the Western Sugar Cooperative Subdivision a distance of 988.19 feet back to the Point of Beginning. Including all adjacent rights of way of Riverside Road & Hannon Road. Said annexation contains a net and gross area of 14.99 acres, more or less.

While there was no deficiency in the previous approval and the process followed was correct, the Resolution was approved with a condition that stated: "Within 45 working days and prior to site development, a mutually acceptable Subdivision Improvement Agreement shall be executed between the owner(s) and the City that shall stipulate, among other things, specific infrastructure improvements and right-of-way dedication, provide guarantees for said improvements, and include a Waiver of Right to Protest the creation of special improvement districts which will be recorded with the Yellowstone County Clerk and Recorder."  Subsequent legal review concluded that since the City of Billings is already the owner of the parcel in question, a subdivision improvement agreement with itself is not necessary for annexation. Instead, when the City of Billings conveys this property, it will place a covenant on the property including information that is typically included within the subdivision improvement agreement. The amended resolution will strike this condition of approval from the resolution.

The City Council may

• Approve the proposed Resolution amending annexation 25-01, Wilson Park 
• Deny the proposed Resolution Amending Annexation 25-01, Wilson Park. Denial of the resolution will mean the existing annexation resolution will remain as is and may create confusion about an SIA being filed and uncertainty about the effective date of the annexation.

This amended annexation will have no financial impact on the Planning Division.