RDA to acquire permanent utility easement from DP 1 for $111,333; county to hold easement

Daggett County’s Redevelopment Agency approved a settlement and mutual release agreement to acquire permanent utility easements from entities identified as DP 1 and Delta Plan 1 LLC for $111,333.33, the agency said during a commission/RDA meeting. The RDA will fund the payment and the easements will be recorded in the county’s name as the operator of its water and sewer system.

The agreement resolves a property dispute over utility easements and creates permanent 25-foot and 40-foot utility easements that will accommodate existing sewer, water and electrical infrastructure and leave room for future natural gas and other utilities. A county representative said the agreement will also correct prior easement descriptions so utilities are fully contained in the permanent easement documents.

County and RDA officials told commissioners the settlement was recommended because litigation over the easement’s value would take time and create additional risk. “The risk of litigation. We could have got the temporary easement, but we still would have had litigated on the value of that easement,” one official said during discussion. The final negotiated payment was described in the meeting as $111,333.33 (recorded as $111,333.33 in the settlement documents).

The agreement requires the RDA’s payment before the other side will begin construction. Under the contract language discussed in the meeting, the parties will file a stipulated dismissal with prejudice within 10 business days after full payment. Meeting participants clarified that “payment” in the contract refers to the date the check is issued, not the date it is received. “As soon as we issue the check,” a speaker said when asked when work can begin.

Practical payment details remain to be finalized. Officials said the payment will be split into two checks and disbursed through the law firm, payable to the firm “for the benefit” of the owners; that detail is included in the settlement language. County staff said they will prepare an open invoice register for the RDA so the payment can be processed; they discussed calling a special meeting (potentially Thursday) to approve that register so the check can be issued quickly. County staff also noted they want the county auditor or finance staff (identified in discussion as Carrie) to confirm available funds before payment is executed.

The RDA will acquire the easement for the benefit of future growth and development, then have the easement recorded in the county’s name because Daggett County operates the water and sewer system. County staff said quick-claim deeds will be recorded for the owners and a dismissal with prejudice will be filed once payment is complete. Officials also discussed that any future development may require the property owner to upgrade sewer or water mains if additional meters or capacity are needed.

Commissioners moved to approve the settlement and mutual release agreement on the record, and a second was recorded. Participants discussed logistics for payment, recording the deeds and filing the dismissal before the meeting ended.

The immediate next steps identified in the meeting: county staff will prepare the RDA open invoice register that includes the settlement payment, confirm funding availability with finance staff, and schedule a short special meeting to approve the invoice register so a check can be issued and the closing steps completed.

Votes at a glance (as recorded in the meeting): a motion to approve the settlement and mutual release agreement between Daggett County and DP 1 / Delta Plan 1 LLC for $111,333.33 was moved and seconded; the meeting record indicates the board approved the settlement as discussed, but a named vote tally was not recorded in the transcript excerpt.