Consent 1.M.
City Council Regular Business Meeting
- Meeting Date:
- 10/26/2026
- TITLE
- Release of Perpetual Right-of-Way Easement within Billings Original Townsite, Block 256, Lot 2B Amended
- PRESENTED BY:
- Tyler Westrope
- Department:
- Public Works
Presentation:
No
Legal Review:
Yes
Project Number:
N/A
RECOMMENDATION
Staff recommends that the City Council approve and authorize the Mayor to execute the release of the Perpetual Right-of-Way Easement recorded as Document Number 468564.
EXECUTIVE SUMMARY
Council is requested to approve the release of a Perpetual Right-of-Way Easement, recorded as Document No. 468564, associated with an abandoned water main within portions of amended Blocks 255 and 256 of the Billings Original Townsite subdivision. The easement was identified following Council's September 14, 2026, approval of a related easement release on the same property. The additional release is necessary to fully relinquish the City's easement interests associated with the abandoned water main. The easement is no longer needed for City water utility purposes, and its release will have no significant financial impact on the City.
BACKGROUND (Consistency with Adopted Plans and Policies, if applicable)
In 1950, the City acquired a Perpetual Right-of-Way Easement, recorded as Document No. 468564, for the installation, operation, and maintenance of a water main across private property within portions of amended Blocks 255 and 256 of the Billings Original Townsite subdivision. The water main was subsequently abandoned; however, the associated easement was never formally released. The easement is no longer necessary for City water utility purposes, as the area is adequately served by existing water mains located within 6th Avenue North, 13th Street West, and 15th Street West.
On September 14, 2026, City Council approved the release of a related water main easement on the same property, recorded as Document No. 468563. Following that approval, the property developers and their surveyor identified an additional easement, recorded as Document No. 468564, that connects to and overlaps the previously released easement. Because the two easements were recorded under separate document numbers, an additional release is necessary to fully relinquish the City's easement interests associated with the abandoned water main.
After consultation with the City Attorney's Office, staff determined that processing a separate release for Document No. 468564 is the most appropriate course of action. As the easement is no longer needed for City utility purposes, staff recommends that City Council approve the release of the Perpetual Right-of-Way Easement recorded as Document No. 468564.
On September 14, 2026, City Council approved the release of a related water main easement on the same property, recorded as Document No. 468563. Following that approval, the property developers and their surveyor identified an additional easement, recorded as Document No. 468564, that connects to and overlaps the previously released easement. Because the two easements were recorded under separate document numbers, an additional release is necessary to fully relinquish the City's easement interests associated with the abandoned water main.
After consultation with the City Attorney's Office, staff determined that processing a separate release for Document No. 468564 is the most appropriate course of action. As the easement is no longer needed for City utility purposes, staff recommends that City Council approve the release of the Perpetual Right-of-Way Easement recorded as Document No. 468564.
FISCAL EFFECTS
Approval and execution of the easement release will have no significant financial impact on the City, as the easement is no longer needed for water utility operations or maintenance.
STAKEHOLDERS
ALTERNATIVES
City Council may:
- Approve the release of the easement; or,
- Not approve of the release. If not approved, the City will continue to have an easement on a tract of land that is not needed and no longer serves a purpose.