Meetings
 


City of Helena, Montana
 
May 18, 2021
To: Rachel Harlow-Schalk, City Manager
From: Ryan Leland, P.E., Public Works Director
Subject: Consider a Resolution vacating the full width of the alley adjacent to Lots 11,12,13 in Block 36 of the Flower garden Addition to the City of Helena, Montana.
Present Situation:

City Engineering was contacted by Chris Ries of Ries Surveying on behalf of his client, owner of Big Sky Auto Glass, concerning an issue with the location of two existing sewer mains under his property without a recorded easement. The applicant is requesting to vacate the adjacent undeveloped alley on the north side of the subject property in exchange for a utility easement to City of Helena. The legal description for the subject property is the alley adjacent to and bounded by Lots 11-13 within Block 36 of the Flower Garden Addition on the south and Property within COS #402032 on the north.

Background Information:

The applicant is requesting to vacate the 12-foot undeveloped alley located on the north side of the property in exchange for a 30-foot easement for an existing sewer transmission main that was installed on the applicant’s property without a recorded easement. The alley does not have appreciable use for transportation, utilities, emergency services, or solid waste collection. The ally is located adjacent to a city storm water detention ponds know as K-Mart Ponds and located on top of the steep embankment. In addition the alley right-of-way does not have turnaround and the last 80-feet of the ROW was previously vacated.  The easement will occupy approximately 4032 square feet of proposed Lot 14A and the proposed vacated alley is 1741 square feet.  The market value for the alley is $8.72/per square foot.  The total transfer fee for the proposed vacation is $14,398.07. Staff is recommending that the transfer fee is equal to the cost of the proposed easement.

Proposal/Objective:

The applicant is requesting to vacate the 12-foot undeveloped alley located on the north side of the property in exchange for a 30-foot easement for an existing sewer transmission main that was installed on the applicant’s property without a recorded easement. The alley does not have appreciable use for transportation, utilities, emergency services, or solid waste collection. The ally is located adjacent to a city storm water detention ponds know as K-Mart Ponds and located on top of the steep embankment. In addition the alley right-of-way does not have turnaround and the last 80-feet of the ROW was previously vacated.  The easement will occupy approximately 4032 square feet of proposed Lot 14A and the proposed vacated alley is 1741 square feet.  The market value for the alley is $8.72/per square foot.  The total transfer fee for the proposed vacation is $14,398.07. Staff is recommending that the transfer fee is equal to the cost of the proposed easement.

Advantage: Applicant will provide the City the necessary easement for the existing sewer main within his property.
Notable Energy Impact: None noted
Disadvantage: None noted
Notice of Public Hearing: Attached
Staff Recommendation:
 
ATTACHMENTS:
Resolution
Petition to Vacate
Vicinity Map
Proposed Amended Plat ( 1 of 2)
Proposed Amended Plat ( 2 of 2)
Public Hearing Advertisement