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District to send attorney letter over alleged easement encroachment; repair cost estimated at ~$28,750

Sheridan School District 48J Board of Directors · December 19, 2024
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Summary

Sheridan SD 48J board agreed to have staff and its attorney draft a notice to a contractor after a survey showed encroachment on a district easement; staff estimated boring and replacing an underground line at roughly $50 per foot for about 570 feet (~$28,750) and outlined next steps if the contractor refuses.

The Sheridan School District 48J board directed staff to work with the district attorney to draft a letter notifying a contractor that recent construction encroaches on a recorded district easement and to seek corrective steps.

Superintendent (unnamed in the transcript) described the survey findings and said the district identified an encroachment where patios and construction sit atop a recorded easement corridor used for an underground line. Staff reported a contractor estimate that boring and replacing the buried line would cost approximately $50 per foot; the easement section in question was described as roughly 570 feet, producing a rough replacement cost of about $28,750.

Board members discussed sending the contractor an access-and-payment agreement that would require the builder to pay for boring and repairs should the need arise; staff will share the draft letter with the board and first send it to the contractor. The superintendent said if the contractor refuses to sign, the board could consider next steps, including escalation to permitting authorities, filing complaints with the Oregon Construction Contractors Board, or considering legal action (which might prompt an executive-session discussion at a later date).

The board also asked staff to verify the full easement record (noting multiple previous landowners) and to include the county and city permitting offices in communications where appropriate. The board did not take a formal vote on a legal remedy during the meeting but directed staff to prepare documentation and a draft letter for the contractor.

The board did not identify the contractor by full legal name in the meeting transcript; staff referenced Bullseye Boring as the firm that provided a price-per-foot estimate.