Staff recommends Council approve the exempt plat, accept the public right-of-way, and authorize the Mayor to execute the Quitclaim Deed, thereby transferring Tract 2A-2 of Certificate of Survey 2128 2nd Amended, to the public as right-of-way.

HAB Development Corporation is proposing to develop Tract 2A of Certificate of Survey 2128 and dedicate additional public right-of-way for Jansma Avenue and Stephens Lane. The dedication will establish Jansma Avenue between Stephens Lane and Orchard Lane, providing additional east-west street connectivity, and will complete the full-width public right-of-way for a portion of Stephens Lane.

The developer will construct the associated street improvements to City standards at its expense. Council approval of the exempt plat and acceptance of the Quitclaim Deed will place the new street and utility improvements within dedicated public right-of-way and allow the City to accept responsibility for the right-of-way and associated improvements.

Staff recommends that Council approve the exempt plat and accept the Quitclaim Deed for the additional public right-of-way along Jansma Avenue and Stephens Lane.

HAB Development Corporation, the developer of Tract 2A of Certificate of Survey 2128, is proposing to develop the property and dedicate additional land for public street right-of-way. The proposed exempt plat will establish public right-of-way for Jansma Avenue and complete a portion of the Stephens Lane right-of-way. The Jansma Avenue right-of-way will extend between Stephens Lane and Orchard Lane, providing an east-west connection between the two streets. The plat will also dedicate the west half of the Stephens Lane right-of-way between King Avenue East and the alley located between Jansma Avenue and Murphy Avenue. The east half of the Stephens Lane right-of-way within this segment has previously been dedicated; therefore, the proposed dedication will complete the full-width public right-of-way for this portion of Stephens Lane. Acceptance of the proposed right-of-way and execution of the Quitclaim Deed will ensure that existing and future City roadway and utility improvements within these areas are located within dedicated public right-of-way.

A copy of the exempt plat and Quitclaim Deed is attached. Council is requested to approve the exempt plat and accept the Quitclaim Deed dedicating the additional public right-of-way for Stephens Lane and Jansma Avenue.

Approval of the exempt plat and acceptance of the Quitclaim Deed will create additional public right-of-way that will become the City’s responsibility to maintain. The developer will construct the associated street improvements in accordance with City standards at the developer’s expense.
Following acceptance of the improvements, the City will assume responsibility for routine maintenance of the new public infrastructure. Due to the limited amount of additional right-of-way being dedicated, the ongoing maintenance costs are expected to be minimal and can be accommodated within existing Public Works operations and budgets.

City Council may:

• Approve the exempt plat and Quitclaim Deed transferring Tract 2A-2 of Certificate of Survey 2128 2nd Amended, to public right-of-way or;
• Disapprove and not accept the exempt plat and Quitclaim Deed.  If not approved, the future extension of Jansma Avenue would need to exist as a private street, and Stepens Lane would have split right-of-way and ownership between the City of Billings and the adjacent development as the east 30-feet of Stephens Lane is currently platted as City right-of-way.   Stephens Lane would continue as a narrow half-street.