Staff recommends that the City Council approve the Annexation Agreement with McCall Properties, LLC and Brittany's Dream, LLC.

City Council will consider annexation of Lot 6A, Block 1, of Amended Plat of Lots 5 and 6, Block 1, Titan Subdivision. The property proposed to be annexed is located along the north side of Elysian Road and on the west side of Mullowney Lane.  The property was developed and improved in the County with an office building complex.  McCall Properties, LLC and Brittany's Dream, LLC desire to hook up to city services.  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. Because this property is already developed, the conditions of the annexation agreement must be met immediately. The Annexation Agreement for this Council action generally includes the following conditions or improvements:

• Requirement for reimbursement of proportionate share of existing sanitary sewer main and water main in Elysian Road; 
• Requirement for participating monetarily in the Mullowney Lane project to be constructed by the city;
• Requirement for right-of-way dedication if necessary.

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 developer will not be responsible to reimburse the city for water and sewer mains and the city will need to purchase needed right of way.

The property is already developed with an office building and associated parking lot so the conditions of the annexation agreement must be met upon annexation.  If this annexation agreement was not signed, the city would not be reimbursed for water and sewer mains that were previously constructed and the city would need to purchase right of way from the property owner if needed.