Staff recommends that the City Council approve the release of certain easements in vacated portions of North 28th Street and Normal Subdivision, Block 1 Alley.

North 28th Street between Poly Drive and 12th Avenue North and the Normal Subdivision Block 1 alley were vacated to the Sisters of Charity of Leavenworth Health Services (St. Vincent's Hospital) in 1999.  In 1999, both rights-of-way contained public water, sanitary sewer, and storm drain mains.  When the right-of-way was vacated in 1999, Sisters of Charity of Leavenworth Health Services granted the City of Billings perpetual right-of-way easements for the water, sanitary sewer, and storm drain mains that remained.   Intermountain Health is constructing a new hospital and has re-located all the public utilities from within the previously vacated right-of-way and public easements.  It now becomes necessary to release the perpetual right-of-way easements prior to construction of buildings in those locations.  Attached are the easements (as exhibits to the release) to be released that no longer contain public utilities.  This Council action is to approve the release of these easements.  

The Council may:

• Approve the release of the easements;
• Not approve of the release.  Not approving the release would require Intermountain Health to re-design the new hospital to be located outside the easement areas.  

There is no significant fiscal effect resulting from approval of the release.