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Council addresses easement dispute at West Washington and instructs attorney to file lien on 313 Western Ave
Summary
Council reviewed a utility easement dispute where concrete and parking encroach on the easement and directed the parties to negotiate or seek private legal remedies; council also voted to have the town attorney file a lien on 313 Western Avenue by the next meeting.
Council examined a utility-connection dispute tied to a recorded easement at 103 West Washington where concrete and pavement lie close to the easement and complicate access to town infrastructure. Staff explained that the easement has since been recorded and that the property owner’s options include negotiating with the neighbor or seeking legal remedies to gain access if physical access through the owner's property is not feasible.
A council member summarized the town’s view: if the property owner must cross a neighbor’s property to access the easement, the remedy is to work something out with the neighboring owner, or otherwise the owner must pursue private legal options. "If he does, then his remedy is to work something out with the fellow property owner," the council member said, noting the town cannot retroactively excuse concrete placed over a public easement.
Separately, council instructed staff to request the town attorney file a lien on 313 Western Avenue. Council discussed prior administrative steps and approved a motion directing the attorney to file the lien by the next meeting.
Next steps: staff will notify the affected property owner about options, and the town attorney will be asked to file the lien on 313 Western Avenue per council direction.
