Homeowners scale back lakeside deck; board withdraws easement agreement for property at Pine Lake

The La Porte City Board of Public Works and Safety voted to withdraw consideration of an easement agreement after homeowners whose deck encroached on a utility corridor agreed to scale the structure back to the original footprint.

Tim Franke, a city council member who raised the issue in public, said homeowners will adjust their plans so the deck no longer extends over the utility corridor. Franke said the change keeps the deck outside the 10‑foot zone over the sewer line and described the outcome as a "win‑win" for the homeowners and the city.

City staff explained the property does not have a recorded easement, but they expect a court would find a prescriptive easement for the utilities because the location of the lines is well known. City staff said that if a landowner resisted access to the utilities, it could jeopardize service to the property and the city could seek remedies.

Board members moved to remove the item from the table and then to withdraw the previously proposed easement agreement. The motions passed on voice votes. Officials said work to remove or scale back the deck will proceed when weather allows and the city will rely on the existing utility corridor and prescriptive‑easement concept rather than record a new easement at this time.

Public works staff noted the underlying concern is the age of the water main and sewer lines; a failure could require removal or more extensive repairs. Board members thanked Tim Franke for pursuing the resolution and said the scaled‑back plan reduces the chance of future damage to the deck and the utilities.