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Board approves city utility easement through Loews Creek County Park, county counsel says fees waived
Summary
The County Board approved a 50‑foot underground utility easement to allow the City of Eau Claire to bore water/sewer lines under Loews Creek County Park; county counsel said the city will waive any assessments and the surface will be restored after installation.
The Eau Claire County Board approved a resolution granting the City of Eau Claire an underground utility easement through Loews Creek County Park to allow installation of bored water and sewer lines. The resolution passed unanimously (24–0).
Why the easement: city engineers proposed a route that cuts under the park and Loews Creek to shorten utility runs and avoid longer, more expensive routes along the road. Parks and Forests initially raised concerns about assessments and potential surface disturbance; county counsel Chauncey Ellifson said negotiations produced a favorable outcome for the county.
Counsel’s summary: Ellifson told the board the city initially planned a perimeter route that would have assessed the county roughly $550,000 for frontage-based assessments. After negotiations and the proposed underground easement route, the city has agreed to waive all assessments and connection fees to the county, including any future assessments associated with road improvements. “Ultimately, all parties agreed that there would be no fees assessed,” Ellifson said, adding that the city’s signed contract will “waive any assessments.”
Technical and restoration details: Leah Ness, City of Eau Claire engineering director, described the plan to bore under Loews Creek and install the lines roughly 8 feet below grade; she said the city will restore the surface and is responsible for repairing any damage. The easement grants the city underground access and a 50‑foot wide corridor only for installation and upkeep; the county retains ownership and other surface rights.
Board discussion: supervisors asked whether the easement limits future county land use and whether multiple easements might accumulate in the future. Counsel and staff said the board would retain the power to deny any future easements and that the current easement does not transfer ownership or enable parcel redevelopment by the city.
Vote and next steps: the resolution granting the underground utility easement (file 27) passed 24–0. Staff said the county’s surveyor will establish the easement limits and the city will coordinate any needed restoration work. The county will hold the city to the restoration and access terms spelled out in the easement agreement.
