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Commissioners remove blanket utility easements from two Missoula Development Park parcels

3044987 · April 3, 2025
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Summary

Missoula County approved a resolution removing blanket utility easements from Butler Creek Park and Kestrel Park parcels in the Missoula Development Park subdivision while preserving designated/defined easements and utilities that exist outside those areas.

Missoula County Commissioners adopted a resolution to remove blanket utility easements that overlay two county-owned parcels in the Missoula Development Park subdivision, county staff said at the hearing. The action ties to an interlocal agreement with the City of Missoula to transfer ownership of two park parcels to the city.

County planner Lana McLarty explained the county conducted utility locates in December 2024 and January 2025 and notified utilities and property owners in February. Staff found that Butler Creek Park has no utilities located outside the designated, defined easements, while Kestrel Park contains a buried electrical line and a buried communications line located outside the designated easements. The resolution removes the blanket easement that covered the full parcels but explicitly preserves the designated and defined utility and drainage easements as shown on the plat.

John (county staff) told commissioners that the Subdivision Platting Act contemplates utilities already in place may remain but does not prescribe a specific administrative process for removing blanket easements. County staff said amending the plat would require additional surveying and expense, and linking a resolution to subdivision documents would accomplish the same recordkeeping result with less staff time and cost.

A commissioner moved to approve the resolution; another commissioner seconded the motion, and the board approved it by voice vote with the commissioners answering “Aye.” County staff said the resolution would be linked to the subdivision documents in lieu of filing an amended plat so future viewers of the plat would see the recorded resolution.