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Item 1.I.
 
City Council Regular
Date: 07/22/2024
Title: Acceptance of Perpetual Right-of-Way Easements from G2 Investments, LLC.
Presented by: Debi Meling
Department: Public Works
Presentation: No
Legal Review: Yes
Project Number: N/A

RECOMMENDATION

Staff recommends that City Council accept the Perpetual Right-of-Way Easements from G2 Investments LLC.

BACKGROUND (Consistency with Adopted Plans and Policies, if applicable)

The annexation of the G2 Investments, LLC. property, located at 3030 South Frontage Road, and associated annexation agreement was approved by City Council on October 9, 2023.  The annexation agreement required the Developer to grant the City a 20-foot wide easement along the eastern property line and a 30-foot wide easement along the southern portion of the property for a future multi-use trail.  The Developer is required to construct a 10-foot wide multi-use trail along the South Frontage Road.  If the trail does not fit within the existing South Frontage Road right-of-way, the Developer is required to grant the City an easement along the South Frontage Road.  A 10-foot easement along the South Frontage Road is included with this action to allow for placement of the trail along Lots 6 and 7.  The developer is only developing along Lots 6 and 7 at this time.  It is unknown whether the trail will be located within the South Frontage Road right-of-way, or within an easement in the future when Lots 3-5 are developed.  If the trail is required to be on the lots, the developer will be required to dedicate an easement for those lots.  In summary, attached are easements for City acceptance that cover the northern, eastern, and southern portions of the property as required by the annexation agreement.  

 

ALTERNATIVES

City Council may:
  • Approve the perpetual right-of-way easements; or,
  • Not approve the perpetual right-of-way easements.  If the easements are not approved, the trail cannot be constructed along the Yellowstone River in this area or along the eastern side of the property.

FISCAL EFFECTS

There is no significant financial impact to the City with acceptance of the perpetual right-of-way easements.   The annexation agreement requires these easements and requires the Developer to construct a 10-foot wide multi-use trail along the South Frontage Road.  There is currently no project budgeted to construct the multi-use trail along the river and along the eastern property line of the tracts in the future.  

Attachments