Staff recommends that City Council accept the Perpetual Right-of-Way Easement from Torgerson's Real Estate Holdings, LLC.

The annexation of the Torgerson property, located at 3508 South Frontage Road, along with the development agreement was approved at 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 staff has been working with Performance Engineering on the design of the River Edge Trail.  The River Edge Trail will be constructed in the future from the City County Drain to the existing trail along Mystic Park near the City's water plant.  There is concern with the movement of the river bank along the southern property boundary.  The easement has been set back from the river bank in a current buildable area.  As the river bank stands today, the trail could 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.  The armoring of the river bank would be requested and paid for by the developer.  Attached is the easement for acceptance.  

The 20-foot easement along the west boundary of the Torgerson property will be presented to City Council at a later date.  There are ongoing negotiations between the developer and the Grey Eagle Ditch on the easement location along the west property boundary.  Based on the approved development agreement, the developer has agreed to dedicate an easement along the west side of the property.  Currently, there is a ditch easement in the same location that must be relocated prior to the granting of the trail easement.  

City Council may:

• Approve the perpetual right-of-way easement; or,
• Not approve the perpetual right-of-way easement.  If not approved, the trail cannot be constructed along the Yellowstone River in this area.

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