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Stevensville council approves utility easement for underground power line after striking broad access clause
Summary
The Stevensville Town Council approved a utility easement allowing an underground power line to serve a pivot irrigation system on a private parcel, after amending the agreement to remove a provision that would have allowed broader access and temporary workspace beyond the easement strip.
The Stevensville Town Council on March 27 approved a utility easement agreement that will allow an underground power line to cross town property to serve a private pivot irrigation system, after the council voted to remove a disputed access clause.
The easement, proposed to run from Millburn Fork across the western edge of town property to the Severson parcel, was introduced by council member Smith for consideration. An applicant representative told the council that Dan Severson could not attend and that the request was "pretty straightforward": an underground power line to provide power for a pivot irrigation system.
Council member Brown pressed staff on language in section 3 of the draft agreement that would permit the grantee to use a 30-foot corridor and temporary workspace "adjacent to the easement" and to drive vehicles off-road to reach the easement. Brown said the town property that the easement crosses is part of the town watershed and expressed concern about long-term access and potential impacts.
The applicant representative and town staff said the language likely had been included by the drafter "just in case" and that much of the maintenance authority already appears elsewhere in section 1 of the agreement. Council members discussed whether striking section 3 would require the landowner and other signatories to initial changes; staff confirmed any handwritten strike-throughs would have to be initialed by all parties.
Council member Brown moved to amend the easement agreement to strike section 3. The council approved the amendment 3-0. After the amendment, the council then voted 3-0 to adopt the utility easement agreement as amended.
The council directed staff to correct the notary/attestation block so it fits the town signature process and to return signed documents with the required initials on any handwritten changes.
The votes on both the amendment and the final easement were recorded as 3-0 in favor. Council members Barker, Brown and Smith were recorded voting "Aye." The minutes show the amendment and the subsequent adoption were handled as separate motions and votes.
