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Public works approves temporary limited easement for Conservancy Bend Phase 2 with restoration escrow condition
Summary
Tiwall Enterprises’ request for a temporary limited easement adjacent to a bike path for construction staging was approved with a committee condition that staff, Parks & Rec and the city attorney set an escrow amount to assure restoration and repair of any trail damage; developer must keep bike path open.
Public Works considered a temporary limited easement request from Tiwall Enterprises for construction staging related to the Conservancy Bend Phase 2 development. Ben (public works staff) described the request and staff conditions, including that the bike path remain open for public use and that the developer repair any damage to the path or adjacent conservancy area.
Kevin Shore (Assistant Director, Parks & Recreation) said a related request for conservancy land to the north had been reviewed by the Conservancy Lands Committee and that staff and the developer continued to work on contingencies. Committee members raised questions about whether utility contractors (MG&E) had previously damaged conservancy land near the site and who would be responsible for managing utility access and restoration.
Charles moved to amend the proposed agreement to require that an escrow amount be set to secure restoration to the parks/parks‑land status quo and potential repairs to the bike path; the motion tied escrow‑amount determination to staff satisfaction (public works director or designee and parks & rec director or designee) and the city attorney for final drafting. The motion was seconded and carried by voice vote. Staff said the easement would run until the project's first occupancy permit is issued or December 2026, whichever comes sooner.
Outcome: Committee approved the temporary limited easement request subject to the escrow contingency and standard repair and construction‑safety conditions (including fall‑protection considerations adjacent to a public right‑of‑way).
