Council agrees to expand Chickahaw easement and take over failing sidewalks; estimated $79,000 repairs

Council approved amendments to an existing easement at the Chickahaw subdivision and voted to take over maintenance of concrete sidewalks that the Chickahaw Property Owners Association can no longer maintain. Town Manager Cliff explained the easement expansion would add about 12,700 square feet and allow the town to perform maintenance, additional parking or other uses within the expanded area.

Cliff said the low bidder from a prior solicitation is willing to honor the earlier price and staff estimated repairs would cost about $79,000. He told council that staff believes savings from other projects can cover the cost without a budget amendment this fiscal year. "The easement is perpetual and allows us to do whatever we want," Cliff said, describing the town’s preferred legal arrangement versus attempting to obtain fee simple title.

Council discussion focused on liability and fairness: some members urged asking the property owners association for a contribution or deed conveyance, while others said litigation of the association’s memorandum of understanding would be difficult and that the sidewalks sit in the town’s right-of-way and present the town’s liability if left unrepaired.

The council voted to accept staff’s recommendation to amend the easement and proceed with maintenance and repairs. Staff will move forward with the contractor and incorporate the work into the town schedule.

Context: the sidewalks were originally installed by the association in the early 1990s; a 2019 memorandum of understanding set maintenance responsibilities that the association says it can no longer meet. The council’s decision transfers maintenance responsibility to the town under an expanded easement.