Property owner offers land swap to secure Durbin/Gervais Creek stormwater intake; council agrees to explore

City staff presented the engineering background and legal concern that the current inlet for the Gervais (referred to in materials as Durbin/Gervais) Creek stormwater reroute sits on private property owned by a local landowner, and that no formal easement exists for installation and ongoing maintenance.

Tim Gross of engineering firm Civil West had earlier advised that the project will require a utility easement for both construction access and long-term maintenance. When staff approached the property owner (identified in the record as Mr. Maydan), he proposed an alternative: grant ownership of the parcel containing the existing inlet to the city in exchange for deeding to him a portion of the Second Street right-of-way that lies between his two adjacent lots.

Mr. Maydan told council that he and the city have informally used each other's land in the past and described the swap as a reciprocal, practical solution to align the property configuration with the topography and infrastructure needs. He said he would be open to a reciprocal exchange that is comparable in value and would welcome a site visit by public works and planning staff to better visualize the situation.

Council members discussed technical issues cited by staff and engineers: the topography and whether any parcels would become landlocked, the potential need to retain a narrow easement even after a land swap to cover pipe alignment, and whether utilities traverse the right-of-way under consideration. Several council members suggested a site visit so public works could show council exactly which portions would be vacated and which would be retained for access.

Next steps: staff recommended partnering with the city attorney and the property owner to draft an agreement that specifies the exact parcels exchanged and any retained easements for utilities and maintenance. Council agreed to advance exploratory work (site visit and legal drafting) rather than taking an immediate land conveyance action during the meeting.