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Consent   1.D.
Regular City Council Meeting
Meeting Date:
11/23/2009
TITLE
City-Blain Mutual Grant of Easements and Agreement
PRESENTED BY:
David Mumford
Department:
Public Works
Presentation:

PROBLEM/ISSUE STATEMENT

The City of Billings and the family of Gerhart Blain (Blain) have worked cooperatively over the past many years. In 1996, the City needed to build a storm water detention pond to hold storm run-off from the landfill. Gerhart and Aldonna Blain sold the City the land needed to build the detention pond (Parcel A). Because the primary access to the Blain property (Parcel B and Parcel C) was across the parcel that was sold to the City, an Access Easement was granted to Blain.

In 2006, the City permitted and developed an additional construction and demolition waste disposal area. As part of that approval, the City was required to construct an additional storm water detention pond and a groundwater monitoring well. Although the pond and the monitoring well are on landfill property, it is such steep terrain that reasonable access can only be obtained by traveling across Blain property. Blain has historically permitted the City access for this purpose and agreed to formalize that consent.

The Mutual Grant of Easements and Agreement will formalize these easements.

ALTERNATIVES ANALYZED

The City Council may:
  • Authorize the Mayor to sign the Mutual Grant of Easements and Agreement with Aldonna Blain and the Estate of Gerhart Blain.
  • Not authorize the Mayor to sign the Mutual Grant of Easements and Agreement with Aldonna Blain and the Estate of Gerhart Blain.

FINANCIAL IMPACT

There is no financial impact to the City of Billings.

RECOMMENDATION

Staff recommends that the City Council authorize the Mayor to sign the Mutual Grant of Easements and Agreement with Aldonna Blain and the Estate of Gerhart Blain.

APPROVED BY CITY ADMINISTRATOR

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