Receive Update on Potassium Street Easement Dispute

The purpose of this case is to receive an update on a settlement offer on a disputed road easement for Potassium Street. No action is requested at this time. Staff has received a Settlement Offer from Mr. Ron Schmitz. Staff and the City Attorney have provided a counter-offer to this proposal, and is awaiting a response as of the morning of May 4.

Both parties acknowledge that at least a 33 foot easement exists on the property. However, the full 66 foot easement as argued by the City, conveyed by a previous Deed transfer to the public, is the subject of dispute. Additionally, the City Attorney has noted that the City has certain protections above and beyond the existing easement due to the length of use as a public road.

For informational purposes only, in the early 2000s the original home on this parcel was demolished in anticipation for future development and road extension. As a result, the City also acquired a single-family parcel with home in the River Pines subdivision to the north of the Subject Property. That home was removed as well. The current owner purchased the Subject Property for the purposes of a single-family home, not development. Regardless, the cul-de-sac still serves multiple homes on Potassium Street. Solid Waste removal providers have threatened to drop service for other Property Owners along Potassium Street due to barricading and posting of the cul-de-sac as private by the property owner.

No action requested. Staff anticipates some resolution in the next 30 days.

No action requested.  Item will come back before the Council to either approve an agreement as reached, or to pursue other options.