Shiloh Annexation Agreement
Feb 21, 2008
Author: Colin Betzler

ANNEXATION AGREEMENT

THIS AGREEMENT, made this ____, day of_______________________
2005, between Shiloh Investments, LLC , 16905 79th Ave. NE, Arlington, WA 98223 , Randy Deones, CEO hereinafter referred to as “Developers”, and the Town of the City of Buffalo, Wyoming, hereinafter referred to as the “City”, a municipal corporation empowered by the statute to male contracts.

WHEREAS, the Developers are the record owners of certain lands located in Johnson County, Wyoming, further and more particularly described as set forth on Exhibit “A” which is attached hereto and made a part hereof, hereafter referred to as the “Addition”, and

WHEREAS, the Town, by its Mayor and City Council, will by Ordinance No. 1252 annex the Addition to the corporate limits of the Town and approve the map thereof, and

WHEREAS, it has always been and is now the intent of the parties that the development of the Addition proceed in an orderly and timely manner in full compliance with the ordinances and resolutions of the Town of the City of Buffalo, Wyoming.

NOW THEREFORE, it is mutually agreed that the Developers and the Town will use their best efforts to insure that the intent and purpose of the ordinances and the resolutions of the Town are fully implemented with respect to the Addition and to that end the parties do further agree as follows:

1.

The parties mutually agree to the following definition of terms for the purpose of this Agreement:

(a). Whenever the word “Town” is used in this agreement it shall mean the governing body of the Town of the City of Buffalo, Wyoming, or such person, committee, organization or agency the Town has or may appoint for the purpose referred to in this Agreement;

(b). Whenever the word Developers is used in this Agreement it shall mean Shiloh Investments, LLC, landowners, their employees, companies, agents, assigns or successors in interest;

(c). Whenever the word “Addition” is used in this Agreement it shall refer to the property, the description of which is attached hereto, marked Exhibit “A”, and made a part hereof.

2.

The Town and Developers agree that this Agreement extends to the Annexation of the Addition as it exists and not to any further subdivision (as defined by ordinances of the Town) of the Addition by the Developers. The Developers agree with the Town that prior to any further subdivision or sale of individual lots within the Addition by Developers, Developers and Town shall enter into a Subdivision Agreement to implement the subdivision ordinances, regulations or resolutions of the Town then existing and effective.

3.

All sewer services that have been installed by and at the expense of the Developers and any future sewer services that may be installed by and at the expense of the Developers, have and will be connected in accordance with the specifications and requirements of the City as well as all State and Federal authorities applicable.

4.

Any water mains and/or water services lines that may be installed in the future shall be installed at the expense of the Developers. Prior to such installation, Developers shall obtain the approval of the Town and the State of Wyoming Department of Environmental Quality. Developers shall grant the City necessaiy easements over such systems. The installation of water mains and/or utilities, as needed, shall comply with all ordinances and resolutions of the Town of general application to such construction of water mains and/or utilities.

5.

The Developers agree that the annexation of the lands described herein shall constitute a conveyance of any water right appurtenant to said lands and the Developers consent to a change of use of any water and water rights applicable to the lands within the Addition from agriculture to municipal, at the discretion of the City.

6.

The parties to this Agreement may only amend this Agreement by an instrument signed by all of the parties hereto.

IN WITNESS WHEREOF the parties have hereunto set their hands this ______ day of _______, 2005.

______________________________
Mayor, City of Buffalo, Wyoming
_____________________
Attest: City Clerk

_____________________
Randy Deones, CEO

_____________________
Attest: Secretary