Staff recommends the City Council accept the road dedication for Ditton Drive for Amended Lake Hills Subdivision, 25th Filing.

WWC has prepared a court ordered survey which recreates and restores previously platted lots and city right of way. The action tonight is solely for the City Council to accept previously vacated right of way known as Ditton Drive. In 2019, the developer of this property previously vacated lots and right of way to pursue a new development pattern. These projects are known as Lake Hills Subdivision, 25th Filing Amended and Canal Vista. After approval, a civil lawsuit was filed and as a result of the legal action this court ordered survey must be filed. The court ordered survey restores Ditton Drive and Lots 1-11 and Lot 28 of Block 63 of Lake Hills, 25th Filing.  

The City Council's involvement is specific to acceptance of the Ditton Drive right of way. Acceptance of the right of way means Ditton drive is a legal and physical access that is publicly accessibly. Montana Code Annotated (MCA) 76-3-201 Exemptions for certain division of land 1(h) is created for rights-of-way or utility sites and exemption and 76-3-201 1(a) provides for court ordered surveys. The survey and request is consistent with these exemptions. 

The City Council may approve or disapprove the road dedication for Amended Lake Hills Subdivision, 25th Filing. Not accepting the right of way would be contrary to the court ordered survey.

The road dedication of this subdivision will have no financial impact on the Planning Division.