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Developer seeks hookups; council debates implied easement and recorded rights
Summary
Developer McKay Kordner asked to run a new 12-inch water main and requested six hookups or fee waivers in exchange for an easement; council and staff discussed an implied city easement dating from the 1990s, the potential value of hookups (roughly $7,500 each now), and agreed to research historical records and table final action for 30 days.
Resident and developer McKay Kordner told the council he had asked landowners (the Hardcastles) for permission to run a 12-inch water line through a hollow to serve a proposed subdivision and asked whether the city would waive hookup fees or otherwise provide six hookups in exchange for an easement.
City staff and council discussed the history of an older city water line installed prior to 1995 and whether a recorded easement exists. City counsel and the public works director said an implied easement likely exists because the water pipe has been in place for decades, but a written, recorded easement would clarify width, repair responsibilities and notice requirements.
Council members pressed on valuation and precedent: one council member said, “Today, a hookup is $7,500,” and staff estimated the city’s current cost for six hookups would be about $45,000. Several councilors noted that past practice has granted hookups in exchange for easements in some instances, but others warned about speculative reservation of hookups when construction is not imminent.
After debate, the council moved to table the matter and instructed staff to search city records (minutes and title records) and return with findings within 30 days. The pending options include recording a written easement and negotiating a fair number of hookups or requiring payment at the time of building when hookup fees may differ.
