City of Helena, Montana
October 20, 2015
To: Ron Alles, City Manager

Ryan Leland, City Engineer

Randall Camp, Public Works Director

Subject: Exclusive Right-of-Way Use Agreement to renew a Right-of-Way (ROW) Use agreement for an existing open-air patio and seating area for the Sapphire Lodge.
Present Situation: The open air patio for the current Sapphire Lodge was originally constructed in 1976.  The patio was constructed within the Grand Street Mall ROW. The property is located in the Original Helena Townsite 1869 Block 37, Lots 39, 93-94. The original agreement was signed in 1976 and expired after 25 years.  The applicant is wishing to obtain a new agreement.

This Exclusive Right-of-Way Use Agreement is being requested by the applicant, Heath Mason, on behalf of the building’s tenants. The request, if approved, would give the tenants the necessary permit to continue using the existing patio.  Please see attached proposed site plan and conceptual drawings.


Promotes the economic vitality of downtown Helena through market attraction with uniqueness of an open-air patio and seating area that are presently exclusive to the downtown area.


Notable Energy Impact: N/A
Disadvantage: None noted.
Notice of Public Hearing: N/A
Recommended Motion:

Move to approve, table or deny an Exclusive Right-of-Way Use Agreement with The Sapphire Bar  to continue to use a portion of the right-of-way for the existing open-air patio and seating area at 101 North Last Chance Gulch.

Exclusive Right of Way Use Agreeement
Application for Right of Way Use Agreement
Aerial Photo