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Council approves sewer easement encroachment agreement for Wasatch Estates Mobile Home Park
Summary
Pleasant View City Council approved an agreement allowing a mobile home to encroach into a sewer easement at Wasatch Estates Mobile Home Park; the park will be responsible for moving the unit if sewer work is required and the agreement terminates once the home is removed.
Pleasant View City Council approved a sewer easement encroachment agreement with MHP Number 1 LLC and homeowner Ashley Smith for Lot 31 in the Wasatch Estates Mobile Home Park. The motion was made by Marriott and seconded by Nelson; council members voted by vocal aye and the motion carried. Exact roll-call tallies were not recorded in the meeting transcript.
City planning staff told the council the home was permitted for placement with an approved on-site plan showing the unit would sit 10 feet off the existing sewer easement, but inspectors found the home placed inside the easement after installation. A city staff member said the homeowner “is essentially without a home at this point,” and that the Development Review Committee and city legal counsel had reviewed the proposed encroachment agreement.
Under the approved agreement, the mobile home park will be held responsible for costs to move the home if emergency repair or routine maintenance requires access to the sewer line; the agreement terminates once the mobile home has been moved from Lot 31 and the parcel will be restricted from placing another home over the easement thereafter. Staff told the council an estimate provided by the park for moving the home was "$30,000 a week" and that the city’s assessment is the odds of needing to move the home for sewer work are very low (staff described it as "probably a tenth of 1% if that much").
Council discussion and staff remarks made clear the city does not typically allow structures within sewer easements but recommended the agreement as a solution given that the permit had already been issued and the homeowner is currently displaced. The staff presentation noted the agreement had been negotiated with the park’s legal counsel and reviewed by the city’s counsel.
Motion and outcome (as recorded in the meeting): Motion to approve the sewer easement encroachment agreement with MHP Number 1 LLC and Ashley Smith (agenda item 7). Mover: Marriott. Second: Nelson. Council voiced "aye"; "Motion carries." The transcript does not include a roll-call vote or names for each vote.
The agreement will create a party-responsibility mechanism so that the mobile home park bears relocation costs if sewer access is required; staff emphasized the agreement terminates when the unit is moved and that future placement over the easement will not be permitted. No additional city funding or edits to the sewer infrastructure were approved as part of the motion.
