Consent 1.G.
Regular City Council Meeting
- Meeting Date:
- 11/09/2020
- TITLE
- Certificate of Survey 2727M Amended Lot 22A, Block 2 - Acceptance of Right of Way
- PRESENTED BY:
- Monica Plecker
- Department:
- Planning & Community Services
- Division:
- Planning
RECOMMENDATION
Staff recommends accepting the Right-of-Way as required by the Development Agreement and have the Mayor sign the Warranty Deed.
BACKGROUND (Consistency with Adopted Plans and Policies, if applicable)
Sanderson Stewart on behalf of Hall & Co.m LLC has submitted an application for an exempt subdivision application to create a right of way parcel (Lot 22-A2) for construction and use of a public road, utility and related appurtenant structures, pursuant to Montana Code Annotated 76-3-201(1)(h). This property was annexed into the City in February of 2020. As part of the conditional approval of the annexation, a Development Agreement was required to be executed along side the annexation. Section 5 of the executed Development Agreement explains that both Shiloh Road and Central Avenue are designated as Principal Arterials. Presently, Central Avenue is located within a 70' wide City of Billings right-of-way. Adjacent to the Tract, there is a 40' half right-of-way for Central Avenue. The agreement states the following, "the developer shall dedicate to the City an additional 20 feet of right of way along Central Avenue fronting the Tract with an exempt right-of-way plat."
ALTERNATIVES
City Council may:
- Approve, accepting the additional right-of-way for the principal arterial street known as Central Avenue or;
- Disapprove and have Central Avenue, though a principal arterial, be constrained by inadequate right-of-way.
FISCAL EFFECTS
Acceptance of the parcel will not directly impact the Planning Division budget.