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Consent   1.H.
Regular City Council Meeting
Meeting Date:
06/22/2015
TITLE
Acceptance of Quit Claim Deed for Broadwater Avenue Road Easement
PRESENTED BY:
Candi Millar
Department:
Planning & Community Services
Presentation:

PROBLEM/ISSUE STATEMENT

The City Council annexed property located at 616 Shiloh Road (Annexation #14-14) on January 26, 2015. At the time this annexation was being reviewed by the City, staff determined that Charles G. Yegen and Zellah Farms, LLC had a 30-foot wide road easement for Broadwater Avenue running along the southern boundary of the property to be annexed. State law requires that the City annex any road right-of-way or easements adjacent to property that is being annexed. The City Council approved the private property and road easement annexation before staff was able to complete the process in which the Mr. Yegen and Zella Farms executed a Quit Claim Deed to the City of Billings to create a 30-foot wide road right-of-way parcel for future construction of the road. Staff is now requesting that the City Council accept this quit claim deed to complete this process.

ALTERNATIVES ANALYZED

City Council may accept or not accept the quit claim deed from Charles G. Yegen and Zellah Farms for a 30-foot wide road easement for Broadwater Avenue.
  • Accepting the quit claim deed will create a road right-of-way parcel from the original road easement and allow future construction and use of the parcel as a public road. 
  • Not accepting the the quit claim deed will leave the property owners with a road easement that is in the City, which may be assessed for taxes and fees in private ownership, while the property's main use would be for a extension of Broadwater Avenue.

FINANCIAL IMPACT

There is no direct budget/financial impact from this action as the road easement was already annexed into the City and under the City's management and oversight. At some point in the future, it is expected that Broadwater Avenue will be constructed in this area and adjacent property owners/developers and the City will likely fund the project. 

RECOMMENDATION

Staff recommends that the Council accept the Quit Claim Deed from Charles G. Yegen and Zella Farms to create a right-of-way parcel for the future extension of Broadwater Avenue.

APPROVED BY CITY ADMINISTRATOR

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