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Council reviews first readings for trail easement and maintenance agreement with private property owner
Summary
Council took first readings on ordinances to record an easement across Doodle Trail properties and to approve a right-of-way maintenance agreement with Doodle Trail Properties; staff said exhibit and estate signatures need correction before second reading and that grantees will indemnify the city.
At the Easly City Council work session, staff presented the first readings of two ordinances related to Doodle Trail properties: Ordinance 2025-09, authorizing conveyance of an easement across the Doodle Trail area (properties 306, 310 and 308), and Ordinance 2025-10, authorizing a right-of-way maintenance agreement with Doodle Trail Properties LLC.
Staff explained the driveway crossing the trail has historically been used by owners of the three adjacent parcels and effectively functioned as a prescriptive easement. The current owner(s) seek a recorded easement to ensure ongoing access. Staff noted a few loose ends that require correction before a final recorded easement can be adopted: the attached Exhibit A referenced the wrong plat (an exhibit for a different property, 210 Fern Street), and one estate involved in the conveyance has two personal representatives who must sign for the estate. Staff said these errors can be corrected before the ordinance’s second and final reading.
The subsequent maintenance agreement would allow the private owners (identified in staff remarks as Doodle Trail Properties entities) to perform landscaping and maintenance within the city right of way adjacent to their property. Staff said the maintenance agreement was proposed after the council previously granted an easement for 210 Fern Street and that the maintenance agreement would be limited to maintenance and landscaping activities within the right of way.
Staff told council the draft agreements include indemnification language requiring the grantee to indemnify and hold the city harmless for claims arising from their use of the trail/right of way and that there would be no cost to the city for the proposed agreements. Staff recommended council move forward with first readings and then allow staff to amend the exhibits and correct the signatory matters before second reading.
No final action or adoption occurred; both items require a second reading for final approval.
