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County and Port Authority discuss recording public‑access easement for popular walking trails
Summary
Port Authority staff asked the county to accept ownership or record a public‑access easement for walking paths damaged by the flood so maintenance and FEMA reimbursement are clear; county attorneys will review a legal description and bring a completed easement back to the commission for action.
Port Authority and county representatives opened a discussion on May 6 about ownership and maintenance of a well‑used walking path that runs from the hallbridge east across Port Authority property to the east side of Libby Creek.
Port staff said the path was built with a county grant and historically maintained by the county, but during the last year maintenance shifted to the port, which lacked capacity to keep the path repaired after flood damage. The port requested the county take ownership of the trail or, alternatively, record a county public‑access easement on port property so the county can maintain and repair the path and preserve access.
Commissioners confirmed an easement can be recorded on private or port property and said they would need a legal description to include in the recorded document. County counsel (Marsha, identified in the transcript) said she would review the legal description and the completed draft and provide comments; the board asked port staff to supply the final legal description to the county attorneys.
The discussion clarified that the easement under consideration would cover the walking paths only (the trail surface and right of access), not the adjacent water bodies (fish or swim ponds), which are subject to separate agreements and partners. Commissioners also asked for confirmation from FEMA attorneys about reimbursement implications; staff said FEMA had reviewed the idea and was comfortable with recorded easements in the context discussed.
Next steps: Port Authority to provide the legal description to county attorneys; counsel to review the completed easement draft; item to return to the commission once the legal review is complete and the draft is final for action.
