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District and city discuss easement near Island Park Elementary; board delays final decision

Mercer Island School District Board of Education · December 12, 2025
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Summary

District staff described a proposed city easement to widen a trail adjacent to Island Park Elementary playground; board members raised liability and access concerns and asked staff to seek clearer indemnity/insurance language before returning with a recommendation.

District staff presented a city request to modify a pedestrian easement along Island Park Elementary (Island Crest Way improvements). The city asked to replace a five-foot continuous pathway easement with a 10.5-foot easement along the playground area. Staff said they negotiated to limit the increase to the playground frontage (about 5.5 feet there) and to preserve the existing easement along other frontage and parking areas. The changes would require replacing the fence and would allow city contractors to work within the easement area during construction.

Directors asked several operational and legal questions during the discussion: whether the district or city would carry liability and insurance for injuries on the easement portion, what notice and communication would be required before city contractors accessed school property during school hours, whether the easement language created permanent obligations if property ownership changes, and whether construction activities could affect student safety or playground access. District staff acknowledged those concerns and said the district and city attorney would negotiate indemnity, insurance language and operational protocols.

Because board members sought stronger clarity on liability protections and on a communication protocol for work during school hours, the board deferred final action and asked staff to return with revised legal language and answers from the city attorney. No final approval or signature authorization was given at the meeting.

Attribution: Presentation and technical drawings discussed by district staff and facilities personnel; questions and concerns voiced by named board members during the meeting.