Milton City Hall

Milton city council members granted on July 16 a temporary construction easement on property at the end of Windsor Court owned by Dave and Erin Samuelsen. The temporary easement is required to give construction crews and equipment access to private property while road and sewer reconstruction work is being performed on Windsor Court.

The project is slated to begin today (July 25), ending no later than Nov. 15.

A separate, privately owned easement exists at the end of Windsor Court and is used by several residents to access their properties. The Samuelsens also own the land upon which the access easement resides.

A 50-foot square area will be designated as a temporary construction easement during the city’s reconstruction project on Windsor, City Administrator Al Hulick said. The temporary easement will be located between the city-owned street and the Samuelsens’ year-round access easement. Work also will include “feathering” blacktop between Windsor Court and the Samuelsens’ private easement so it does not “end abruptly,” Hulick said.

No other work will be performed on the existing privately owed easement, Hulick said.

The existing private easement, and other low-lying land on the Samuelsens’ property, has been the subject of council and city staff discussion recently as both groups learned from Dave Samuelsen and his neighbors about flooding, which, they said, caused damage to the easement and a pole barn in the Samuelsens’ yard.

Samuelsen and his neighbors initially shared their concerns with city staff during a public meeting held in May, outlining the scope of the Windsor Court and Front Street reconstruction project.

Samuelsen alleged that water was flooding his property as it traveled away from other properties within the city, and was not properly channeled along Windsor Court because the public road did not have adequate stormwater drainage. He asked council to consider adding stormwater drainage to the Windsor Court reconstruction project.

During a council meeting held in June, Baxter and Woodman consulting project engineer Mark Langer said a closed piping system could be constructed at an estimated cost of $72,000 to help better channel stormwater flowing across the Sameulsens’ easement to a natural low spot on their property.

During the July 16 meeting, Langer said an open ditch system might be cheaper, estimating its cost around $20,000.

He had expended an estimated five hours, he said, looking at solutions for the privately owned easement.

Discussion, held during the July 16 meeting, broke down after council concluded it was not responsible for stormwater moving to and pooling in a natural low spot on private property, nor could it continue to incur costs associated with investigating solutions. Samuelsen said he was not willing to incur costs associated with further exploration by city staff to alleviate the problem.

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