Staff recommends that City Council accept the Perpetual Right-of-Way Easement from MBA Properties, LLC.

Block 81 of the Billings Original Townsite is located between North 16th Street and North 17th Street and between 1st Avenue North and 2nd Avenue North.  In 2000, the alley that ran north-to-south through the block was vacated.  This block was the site of the Denny Menholt car lot in 2000.  The site has since been cleared and a new owner, MBA Properties, LLC, has purchased the entire block with intentions of re-developing the property.  MBA Properties, LLC. desires to aggregate the lots into 3 separate lots with a tire service shop being proposed on one of the lots.  The sanitary sewer main in 2nd Avenue North is shallow and can only be extended by another main extension in order to obtain the necessary grades for gravity service to the lots.  This requires that an easement be granted to the City to allow for maintenance of the short 108-foot section of sanitary sewer main.  The easement is in the location of the former alley that was vacated.  Attached is a copy of the proposed plat and the easement.  Council is asked to accept the easement.

 

City Council may:

• Approve the easement; or,
• Not Approve the easement.  If the easement is not approved, the developer will have to relocate the sanitary sewer in public right-of-way, make the sanitary sewer a private main, or provide multiple pumped services into the City sewer.

There is no cost to the City for acceptance of the easements.