November 16-18, 2005

ITEM 129-1602-R1105  Grant of Easement to the City of Dillon for operation and maintenance of an existing sewer line and to create a public right-of-way providing access to persons whose properties front on Vigilante Drive on the north side of Vigilante Park; The University of Montana-Western.

Grant of easement for emergency ingress and egress for two lots owned by National Affordable Housing Network (NAHN) to permit filing and amended subdivision plat.

THAT: Pursuant to Montana University System Policy 1003.6, the Board of Regents of the Montana University System authorizes The University of Montana-Western to grant an easement (see attachments) to the City of Dillon for the purpose of permitting access to and from several residences fronting on Vigilante Drive, on the northern most part of the Vigilante Park athletic field at Dillon, Montana, Beaverhead County and to NAHN.

EXPLANATION: In approximately 1951, the City of Dillon sold property which is now described as Vigilante Park to Western Montana College for the sum of One Dollar ($1.00). Included in this sale was property designated on the attached maps as Vigilante Drive. At that time no reservation of an easement for Vigilante Drive, for maintenance and operation of a long existing sewer trunk line, or power line was retained.

Vigilante Drive has been an existing unpaved street "most often described as an alley" and it has been in use for many years. There is an overhead power line on Vigilante Drive, there is an underground gas line, and the City of Dillon has a sewer line running through Vigilante Drive which has existed since prior to the time of conveyance to Western Montana College. In addition there are approximately seven (7) residences that are accessed solely from Vigilante Drive, five East of the barrier blocking the alley and two West of the barrier.

The lack of a documented reservation of alley access and right of way for the existing sewer was discovered when the National Affordable Housing Network (NAHN) applied for a subdivision plat creating four lots to construct four (4) homes on Lot 9 and Vine Street extended, of Thomsen's Adjacent Addition to the City of Dillon. The NAHN property is illustrated on the attached map. In order to complete the subdivision of the two (2) lots into the four (4) home building sites a subdivision plat must be approved and filed. The Fire Department imposed a condition on plat approval that an emergency access be obtained onto Vigilante Drive. The property owned by the City of Dillon and the property owned by the National Affordable Housing Association meet at the southwestern corner of NAHN tract. The required easement would need to be 20 feet in width and extend to the eastern most side of the driveway through the NAHN property to Spruce Street west of the City property. The existing alley way is in excess of 20 feet in width from the northern chain link fence surrounding the UM-Western athletic field to the north side of the alley. If the emergency access is not granted for the NAHA property, the subdivision will be denied and the project will fail.

In addition the City of Dillon would request that a general easement for utility access installation, maintenance and operation be granted to the City to document its right to operate and maintain its previously existing sewer line. The City of Dillon would also request that a right-of-way for ingress and egress be granted to the City for the benefit of the seven property owners whose residences are accessed from Vigilante Drive. There is no other access available to the seven residences which are accessed solely from Vigilante Drive. There are other ownerships and occupancies at the other ends of the Lots which prevent access from these residences to Thomsen Avenue.

The University of Montana-Western wants to reserve the right to park on Vigilante Drive, and/or to restrict access to those portions of Vigilante Drive to control parking during events at the athletic field.

ATTACHMENT: 1. Proposed easement agreement

2. Map of the area, depicting the Thomsen Addition, Thomsen Adjacent Addition, and the entire UM-Western property.

3. National Affordable Housing Network's 4-lot minor subdivision layout, located north of the UM-Western property.