Consent 1.Q.
Regular City Council Meeting
- Meeting Date:
- 08/13/2012
- TITLE
- Resolution Establishing a Procedure for Accepting Right-of-Way Conveyances for Bench Boulevard Right of Way From the State of Montana
- PRESENTED BY:
- David Mumford
- Department:
- Public Works
Presentation:
Information
PROBLEM/ISSUE STATEMENT
The Montana Department of Transportation (MDT) had asked and City staff agreed that this item should be delayed from the July 23, 2012 Council meeting to allow City staff additional time to work with the MDT to resolve one procedural item in the resolution. As such, City Council tabled this item and scheduled its return for August 13.
Bench Boulevard will be reconstructed from Lincoln Lane to Highway 87 by (MDT) in two seperate projects. MDT is purchasing additional right-of-way for completion of this work and they will convey the right-of-way properties they acquire to the City of Billings. This resolution will be used for the property acquisition and transfer for the two projects on Bench. The first of these projects on Bench from Lincoln Lane to Hilltop Road includes 7 parcels remaining to be transferred to city. This section of Bench is estimated to begin construction in early 2013. The second of these projects for Bench, Hilltop Road to Highway 87, contains over 160 parcels that will be purchased by MDT and transferred to the City. Funding for this section is estimated to be available in 2016.
Current City policy dictates that each of these properties requires council approval and acceptance. This resolution would authorize the Mayor to execute the City of Billings Acknowledgment and Acceptance of Conveyance endorsement that is included in the deed for each parcel so that it can be recorded in the name of the City of Billings. This will greatly accelerate the right-of-way purchase process for the Bench project. It will also save City staff time in preparing Council staff reports for each parcel. The deed and title commitment for each parcel will be reviewed and approved by the City Attorney’s office before presenting the endorsements for the Mayor's signature.
Bench Boulevard will be reconstructed from Lincoln Lane to Highway 87 by (MDT) in two seperate projects. MDT is purchasing additional right-of-way for completion of this work and they will convey the right-of-way properties they acquire to the City of Billings. This resolution will be used for the property acquisition and transfer for the two projects on Bench. The first of these projects on Bench from Lincoln Lane to Hilltop Road includes 7 parcels remaining to be transferred to city. This section of Bench is estimated to begin construction in early 2013. The second of these projects for Bench, Hilltop Road to Highway 87, contains over 160 parcels that will be purchased by MDT and transferred to the City. Funding for this section is estimated to be available in 2016.
Current City policy dictates that each of these properties requires council approval and acceptance. This resolution would authorize the Mayor to execute the City of Billings Acknowledgment and Acceptance of Conveyance endorsement that is included in the deed for each parcel so that it can be recorded in the name of the City of Billings. This will greatly accelerate the right-of-way purchase process for the Bench project. It will also save City staff time in preparing Council staff reports for each parcel. The deed and title commitment for each parcel will be reviewed and approved by the City Attorney’s office before presenting the endorsements for the Mayor's signature.
ALTERNATIVES ANALYZED
The Council may:
• Approve the resolution authorizing the Mayor to execute the City of Billings Acknowledgment and Acceptance of Conveyance endorsement included in the deed for each right-of-way parcel so that it may be recorded in the name of the City of Billings, and approve the Memorandum of Understanding with MDT, or:
• Do not approve the resolution or Memordandum of Understanding with MDT. This would require the City Council to act on each of the estimated 160 City of Billings Acknowledgment and Acceptance of Conveyance endorsements included in each deed.
• Approve the resolution authorizing the Mayor to execute the City of Billings Acknowledgment and Acceptance of Conveyance endorsement included in the deed for each right-of-way parcel so that it may be recorded in the name of the City of Billings, and approve the Memorandum of Understanding with MDT, or:
• Do not approve the resolution or Memordandum of Understanding with MDT. This would require the City Council to act on each of the estimated 160 City of Billings Acknowledgment and Acceptance of Conveyance endorsements included in each deed.
FINANCIAL IMPACT
There is no financial impact to the City. The City will be maintaining the roadway once it is constructed.
RECOMMENDATION
Staff recommends that the City Council approve the resolution authorizing the Mayor to execute the City of Billings Acknowledgment and Acceptance of Conveyance endorsement of the deed for each right-of-way parcel for the Bench Boulevard reconstruction project so that it may be recorded in the name of the City of Billings and authorize the Mayor to execute the Memorandum of Understanding with MDT.