City Staff utilize multiple License Agreements and Easements for the right to access the Briarwood Reservoir site located on a ridge north of Briarwood Subdivision.  One of these License Agreements is with PM&M, LLC; Max E. Thornton; and Katherine K. Thornton Testamentary Trust (collectively referred to as Paasch & Thornton).  This renewable agreement grants the City, for the purpose of constructing, operating, and/or maintaining its municipal water tank(s) and associated pipe lines, ingress and egress to the utility site on which the Briarwood Reservoir sits.  The agreement would be in effect from February 6, 2013 (retroactive to this date when the last access agreement expired) until February 6, 2017, at which time the agreement may be renewed again if other means of access have not been obtained. This needs to be approved to provide the necessary ingress/egress to the Briarwood Reservoir site.  In addition, an error in the legal description was discovered during review of the old agreement and was corrected in this new agreement.  Upon the conclusion of construction of a new Briarwood tank, scheduled for late 2015 or early 2016, Paasch & Thornton have agreed to discuss a potential permanent easement with the City to replace the License Agreement.

• Approve the renewal of a license agreement with Paasch & Thornton for ingress/egress to the Briarwood Reservoir site, or;
• Disapprove the renewal, which would result in the City having to find an alternate means of accessing this site.  The topography of this area does not lend itself to many other options, so it would likely be expensive to make any other route feasible.