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Council approves temporary construction easement for hillside access; donation required before signing
Summary
Fruit Heights approved a one-year temporary construction easement to allow a homeowner's contractor (Martineau Homes) to access a hillside parcel across city property; the agreement requires insurance, penalties for encroachment and a donation to the city that staff will accept before executing the easement.
The Fruit Heights City Council approved a temporary construction easement July 7 to allow a homeowner's contractor to access a hillside property across city land for construction work.
City staff said the agreement, negotiated with Martineau Homes and the homeowner, allows temporary access across city property for up to one year with the ability to extend if work continues. The easement requires the contractor to carry insurance, pay attorneys'fees if needed, and accept penalties for unauthorized encroachment; the draft referenced a $50,000 maximum penalty for certain encroachments, though staff noted restoration costs could exceed that figure and additional remedies (including insurance claims) are available.
Darren Franzen said he will not sign the document until the agreed donation to the city is received; the donation amount and intended use will return to council for acceptance. Council members asked for and received assurances about buffer distances near the Froot Loops trail and raised the need to ensure restoration protections and adequate insurance were included.
Council member Mark Cottrell moved to approve the temporary construction easement; Blake Winslow seconded. The motion carried by voice vote. Staff will finalize the agreement and return any allocation of the donation to council for approval.
