Staff recommends that City Council accept the Perpetual Right-of-Way Easements from TREH Commercial.

The annexation of the Torgerson property, located at 3508 South Frontage Road, along with the development agreement was approved at the 7/12/21 City Council meeting.  The development agreement required the developer to grant the City a 20-foot wide easement along the western portion of the property and a 30-foot wide easement along the southern portion of the property for a future multi-use trail.  City Council approved a 30-foot wide easement along the southern portion at the 11/27/23 City Council meeting.  After reviewing the language in the easement, the Torgerson family became hesitant to sign the easement and requested that the City add more indemnification language in it.  For example, indemnity includes maintenance and repair of the trail, non-motorized vehicles, except for maintenance purposes, and indemnity from user injuries. Torgerson desires to grant an easement and still desires to meet the conditions of the development agreement.  After more discussions, Public Works presented, with assistance from the City Attorney's office, easement language that is similar to a recent trail easement approved for the Rose Park Trail with School District #2, which added indemnification language to the Grantor.  Due to potential movement of the river bank, the southern easement has been set back from the river bank to be constructed at least 20 feet from the river bank.  The easement has language that allows the easement to be re-located in the future if the river bank is armored in the future.  Attached is a new easement that includes the required 30-foot easement along the southern boundary and a 20-foot wide easement along the western portion of the property.  

 

City Council may:

• Approve the perpetual right-of-way easements; or,
• Not approve the perpetual right-of-way easements.  If not approved, the trail cannot be constructed along the Yellowstone River in this area or along the western property line of the Torgerson Property.

There is no significant financial impact to the City with acceptance of the perpetual right-of-way easements.   The City would be responsible to construct the multi-use trail in the future.