Staff recommends that City Council accept the temporary access and use easement agreement with Yellowstone County for the County to use the City-owned Duck Creek property to store equipment and material to repair Duck Creek Bridge. 

Yellowstone County is repairing Duck Creek Bridge, which crosses the Yellowstone River. The City owns a parcel of land adjacent to Duck Creek Bridge for a future water intake. Yellowstone County is requesting to use the land to store equipment and materials during the repair work. The agreement states that the County will defend and indemnify the City for any claims made against the City for the County's use of the land and will return the land to the same condition prior to the County's use of the land. The County anticipates beginning work in September 2025 and completing the work in late spring 2026.
 

City Council may:

• Approve the temporary access and use easement agreement with the County to use the property to store materials and equipment; or,
• Not approve the agreement. If not approved, the County will need to pursue a different location to store materials and equipment which could delay the bridge repair. 

The County will pay the City $2,500 for use of this temporary easement. This is consistent with the standard practice of 10% of the value of the land for a temporary easement. The property was purchased in 2021 for $11,250/AC. The County has requested use of 1.54 AC. 10% of land value results in $1,733. Considering inflation since 2021 and adjacent property values, the County and City agreed to a fee of $2,500. Any restoration costs due to damage to the land will be paid by the County.