Barrett Road, LLC, submitted a petition to annex land they own using the provisions of Section 7-2-4600, MCA. The subject property is Tract 1-A of Amended Tract 1 of Corrected Certificate of Survey No. 840, 2nd Amended, totaling approximately 12.053 gross acres. The property is zoned Planned Development with an underlying zoning of Residential Multi-Family Restricted (RMF-R) and is currently vacant. The parcel is located east of the Kiwanis Trail and southeast of the intersection of Barrett Road and West Echo Drive. The owners requested annexation in order to begin developing the property in the City in conformance with the existing zoning. On October 28, 2019, the City Council voted to annex the above referenced property.

Any time an annexation occurs adjoining rights-of-way must also be included with the annexation. For Annexation 19-02, a portion of Barrett Road is affected. The portion of Barrett Road that must be annexed into the City is Tract 4 of Certificate of Survey No. 840 and a portion of Tract 21 of Certificate of Survey No. 1175.

On November 5, 2019, the Yellowstone County Board of County Commissioners passed a Resolution of Intent to transfer its interest in this portion of Barrett Road. Due to deadline requirements, this staff memo was generated prior to BOCC approval. A draft deed has been attached and prior to the City Council's November 25th meeting the official action from the BOCC will be forwarded. The BOCC will act on the item November 19th and City Council will consider acceptance on November 25th.

City Council may:

• Approve and execute the quitclaim deed, or;
• Disapprove. Failing to accept and execute the quitclaim deed will result in inconsistencies with annexation requirements for newly annexed lands that require all adjacent rights-of-ways to be annexed as part of the petition.

This item has no impact on the Planning Division budget.

Staff recommends the City Council accept the Quitclaim deed transferring this portion of Barrett Road to the City of Billings.