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Consent   1.J.
Regular City Council Meeting
Meeting Date:
07/23/2012
TITLE
Resolution Establishing a Procedure for Accepting Right-of-Way Conveyances for Bench Boulevard Right of Way From the State of Montana
PRESENTED BY:
David Mumford
Department:
Public Works
Presentation:

Information

PROBLEM/ISSUE STATEMENT

Bench Boulevard will be reconstructed from Lincoln Lane to the north side of Hilltop Road by the Montana Department of Transportation (MDT). The estimated start date for construction is later in 2012. MDT is purchasing additional right-of-way for completion of this work.  MDT will convey the right-of-way properties it acquires to the City of Billings if the property lies within the boundaries of the City or to Yellowstone County if the property lies outside of those boundaries. This phase of the Bench Connector Project will result in the transfer of approximately160 separate parcels of right-of-way from MDT to the City of Billings. Current City policy dictates that each of these requires council approval and acceptance.

This resolution would authorize the Mayor to execute the City of Billings Acknowledgment and Acceptance of Conveyance endorsement that is included in the deed for each parcel so that it can be recorded in the name of the City of Billings. This will greatly accelerate the right-of-way purchase process for the Bench project. It will also save City staff time in preparing Council staff reports for each parcel. The deed and title commitment for each parcel will be reviewed and approved by the City Attorney’s office before presenting the endorsements for the Mayor's signature.

ALTERNATIVES ANALYZED

The Council may:
• Approve the resolution authorizing the Mayor to execute the City of Billings Acknowledgment and Acceptance of Conveyance endorsement included in the deed for each right-of-way parcel so that it may be recorded in the name of the City of Billings, or:

• Do not approve the resolution. This would require the City Council act on each of the estimated 160 City of Billings Acknowledgment and Acceptance of Conveyance endorsements included in each deed.

FINANCIAL IMPACT

There is no financial impact to the City. The City will be maintaining the roadway once it is constructed.

RECOMMENDATION

Staff recommends that the City Council approve the resolution authorizing the Mayor to execute the City of Billings Acknowledgment and Acceptance of Conveyance endorsement of the deed for each right-of-way parcel for the Bench Boulevard reconstruction project so that it may be recorded in the name of the City of Billings.

APPROVED BY CITY ADMINISTRATOR

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