Consent 1.I.
City Council Regular Business Meeting
- Meeting Date:
- 04/27/2026
- TITLE
- Certificate of Survey 34, Amended Tract 9B - No Cost Warranty Deed for Public Right-of-Way
- PRESENTED BY:
- Tyler Westrope
- Department:
- Public Works
Presentation:
No
Legal Review:
Yes
Project Number:
N/A
RECOMMENDATION
Staff recommends acceptance of the right-of-way and authorizing the Mayor to execute the Warranty Deed, thereby transferring the parcel from a County road easement to public right-of-way.
EXECUTIVE SUMMARY
Tract 9 was platted prior to annexation, resulting in existing City roadway, trail, and utility improvements being located within a County road easement. Acceptance of the proposed right-of-way and execution of the Warranty Deed will transfer these improvements into dedicated public right-of-way at no cost to the City. Staff recommends approval, noting no significant financial impact other than a minimal reduction in property tax revenue.
BACKGROUND (Consistency with Adopted Plans and Policies, if applicable)
Tract 9 of Certificate of Survey Number 34 was platted in Yellowstone County prior to annexation into the City, with the southern property boundary extending to the centerline of East Alkali Creek Road. As a result, the roadway and adjacent improvements are currently located on Tract 9 within a County road easement. In 2007, the City completed roadway widening and trail improvements adjacent to Tract 9 (315 East Alkali Creek Road), all within that County easement.
Acceptance of the proposed right-of-way and execution of the Warranty Deed will place all existing City roadway, trail and utility improvements within dedicated public right-of-way rather than in a County road easement. A copy of the exempt plat and Warranty Deed is attached. Council is requested to accept the Warranty Deed for the additional right-of-way along the north half of East Alkali Creek Road at no cost to the City.
Acceptance of the proposed right-of-way and execution of the Warranty Deed will place all existing City roadway, trail and utility improvements within dedicated public right-of-way rather than in a County road easement. A copy of the exempt plat and Warranty Deed is attached. Council is requested to accept the Warranty Deed for the additional right-of-way along the north half of East Alkali Creek Road at no cost to the City.
FISCAL EFFECTS
This exempt plat and Warranty Deed were prepared by the adjacent landowner and will have no significant financial impact to the City. There will be a minimal reduction in property tax revenue associated with the portion of land deeded to the City.
STAKEHOLDERS
ALTERNATIVES
City Council may:
- Approve the exempt plat and Warranty Deed for the right-of-way on East Alkali Creek Road or;
- Disapprove and not accept the exempt plat and Warranty Deed. If not approved, this portion of East Alkali Creek Road will continue to exist within a County road easement.