Pioneer Way Property Acquisition Proceeds

During the initial project surveying, it became clear that some areas of existing sidewalk were not formally dedicated as public right-of-way. Regardless of the final street design, the City needed to clarify that the public right-of-way extends to these parcels prior to construction.

As the sidewalks have been used by the public as public sidewalks for a very long time, there is a public right-of-way over the sidewalks. In the absence of a formal dedication of this right of way, the public's right to use the sidewalks can be established in a lawsuit. Rather than name all the property owners, the City Council authorized payments of $1,290 for each property owner willing to grant an express easement over the existing sidewalk area. The $1,290 payment was based on a pro rata share of litigation avoidance and not on property appraisal. Not all properties along the street are affected by this particular issue. Many of the legal descriptions and title histories for properties along Pioneer formally dedicated public right-of-way over existing sidewalks.

There are approximately 19 properties where there is no formal dedication of a public right-of-way over the sidewalks. Of these 19 properties, 13 properties have agreed with the City that the sidewalk area should be in the public control and have signed a formal dedication for a public easement. Several more are expected to sign easements later this week.