City taking steps to keep trail open

The Columbia Falls City Council has approved spending $3,200 to survey a small piece of riverfront land in an effort to keep the Kreck Riverwalk Trail open between the Red Bridge and the Cedar Pointe subdivision.

City attorney Justin Breck told the council at their Feb. 17 meeting that, Mark and Inge Cahill, owners of a property accessed from Third Avenue West, recently had the lot lines “retraced” by a Kalispell surveying company.

In doing so, they extended the lot past the east boundary of the original Lenonville Addition all the way to the Flathead River high-water mark, Breck said. As a result, the Cahills could claim ownership of the 5,000 square feet of land if they pay taxes on it and stop people from using it for a certain length of time, he said.

The Kreck Riverwalk Trail crosses a larger lot to the south also owned by the Cahills, following an easement held by the city. The trail then continues north across the small piece of riverfront property before reaching the shoreline.

Breck said he spoke to another Kalispell surveying company about the lot “retracement” and concluded the lot extension is not correct. The little piece of land is outside the Lenonville Addition and is actually part of the property that later became most of the Cedar Pointe subdivision, he said.

The city has contacted the previous owner of the Cedar Pointe property, Donald Gatzke, who is teaching in Alaska. Breck said Gatzke has agreed to sign a quit claim deed for the small piece of property so the city can take ownership and ensure the trail remains open. But first the city must pay to survey the land, he said.

The Cahills’ larger lot was previously owned by Loren Kreck, who donated a 450-foot long easement across his property to the city in 2007 in order to establish a riverfront trail. Breck said the city has no concerns about the legality of that easement, but it has been a target for debate.

Bruce Lutz of Sitescape Associates designed the Kreck Riverwalk Trail, and volunteers from the former First Best Place Task Force began clearing brush for the trail in October 2008. Cub Scouts and Girl Scouts returned to the trail for a workday a year later. Weaver Gravel donated materials, and several local businesses provided food and drinks for the workers.

By July 2011, however, concerns about graffiti, litter, camp fires, noise and drinking parties led to an announcement by the Cahills that they intended to terminate the trail easement. Several city councilors sided with the Cahills at their July 18 meeting.

There were other problems. The north end of the trail runs below the high-water mark, where driftwood and other debris sometimes blocks the trail and must be removed. City crews that summer also were cleaning up behind an unauthorized trail-clearing crew and repairing damage to signs by vandals.

The Cahills frequently call the police about suspicious people near the Red Bridge or on the trail, especially when the city closed the trail at the bridge after debris blocked the north end of the trail.

On May 22, 2012, Inge Cahill followed a woman who hiked past a trail-closed sign at the bridge, taking photographs of the woman and her vehicle. The woman was cited by the police for trespassing two days later and stood trial in Columbia Falls City Court on Sept. 13. The jury wasted little time acquitting her of trespassing.

The Columbia Falls City Council has approved spending $3,200 to survey a small piece of riverfront land in an effort to keep the Kreck Riverwalk Trail open between the Red Bridge and the Cedar Pointe subdivision.

City attorney Justin Breck told the council at their Feb. 17 meeting that, Mark and Inge Cahill, owners of a property accessed from Third Avenue West, recently had the lot lines “retraced” by a Kalispell surveying company.

In doing so, they extended the lot past the east boundary of the original Lenonville Addition all the way to the Flathead River high-water mark, Breck said. As a result, the Cahills could claim ownership of the 5,000 square feet of land if they pay taxes on it and stop people from using it for a certain length of time, he said.

The Kreck Riverwalk Trail crosses a larger lot to the south also owned by the Cahills, following an easement held by the city. The trail then continues north across the small piece of riverfront property before reaching the shoreline.

Breck said he spoke to another Kalispell surveying company about the lot “retracement” and concluded the lot extension is not correct. The little piece of land is outside the Lenonville Addition and is actually part of the property that later became most of the Cedar Pointe subdivision, he said.

The city has contacted the previous owner of the Cedar Pointe property, Donald Gatzke, who is teaching in Alaska. Breck said Gatzke has agreed to sign a quit claim deed for the small piece of property so the city can take ownership and ensure the trail remains open. But first the city must pay to survey the land, he said.

The Cahills’ larger lot was previously owned by Loren Kreck, who donated a 450-foot long easement across his property to the city in 2007 in order to establish a riverfront trail. Breck said the city has no concerns about the legality of that easement, but it has been a target for debate.

Bruce Lutz of Sitescape Associates designed the Kreck Riverwalk Trail, and volunteers from the former First Best Place Task Force began clearing brush for the trail in October 2008. Cub Scouts and Girl Scouts returned to the trail for a workday a year later. Weaver Gravel donated materials, and several local businesses provided food and drinks for the workers.

By July 2011, however, concerns about graffiti, litter, camp fires, noise and drinking parties led to an announcement by the Cahills that they intended to terminate the trail easement. Several city councilors sided with the Cahills at their July 18 meeting.

There were other problems. The north end of the trail runs below the high-water mark, where driftwood and other debris sometimes blocks the trail and must be removed. City crews that summer also were cleaning up behind an unauthorized trail-clearing crew and repairing damage to signs by vandals.

The Cahills frequently call the police about suspicious people near the Red Bridge or on the trail, especially when the city closed the trail at the bridge after debris blocked the north end of the trail.

On May 22, 2012, Inge Cahill followed a woman who hiked past a trail-closed sign at the bridge, taking photographs of the woman and her vehicle. The woman was cited by the police for trespassing two days later and stood trial in Columbia Falls City Court on Sept. 13. The jury wasted little time acquitting her of trespassing.