Hooper council declines to abandon utility easement, opts for encroachment agreement for Bennett

Hooper City Council on the record declined to abandon a portion of a 10-foot utility easement requested by property owner Josh Bennett and voted instead to pursue a formal encroachment agreement.

Staff presented a site plan showing an applicant proposal to locate a shop 8 feet from the north property line where a 10-foot utility easement exists. City counsel told the council that the subdivision code requires a continuous 10-foot easement (citing the city code provision discussed in the meeting) and advised against vacating the easement; counsel recommended an encroachment agreement as a common municipal approach.

Applicant Josh Bennett told the council the request was limited: “We are asking for 2 feet by 30 feet of that easement to be vacated,” and said he could not easily move the building 2 feet without creating other problems on his lot. Council members also noted a nearby lot where part of the easement was previously vacated and questioned whether that prior action made the current application more or less appropriate.

Council Member Hill moved that the council not abandon the utility easement and instead enter into an encroachment agreement to be drafted by legal counsel; Council Member Craig seconded the motion. After discussion about timeline and whether a separate council vote would be required to sign the agreement, the council voted in favor and instructed counsel and staff to prepare the encroachment agreement and report back.

The motion preserved the utility easement while creating a contractual path for a limited encroachment; council members emphasized that an encroachment would remain revocable if the city later needed the easement for utilities or drainage.

Next steps: legal counsel will draft the proposed encroachment agreement, verify whether formal council approval will be required for execution, and return to council with a recommendation and timeline.