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Brodhead authorizes attorney to repeat offer to Exum Trust and pursue declaratory action if needed to resolve Pearl Island boundary
Summary
Faced with a DNR funding deadline for a planned outdoor lavatory, the council directed the city attorney to repeat a January 2024 offer to the Exum Trust and to commence a declaratory action if the offer is not accepted, seeking to establish the west boundary of the race and enable the project.
The council authorized the city attorney July 15 to repeat a January 2024 boundary offer to the Exum Trust and to file a declaratory action in circuit court if that offer is not accepted, aiming to resolve a boundary dispute that has delayed a DNR‑funded Pearl Island restroom project.
Attorney Schroeder summarized the history: Pearl Island representatives secured a Certified Survey Map (CSM), but county records raised questions about whether the city owns sufficient property on the west bank of the race to site the facility. Schroeder described three options discussed with the Pearl Island Committee: (1) repair or replace the east‑west fence so the CSM can be finalized, (2) seek a court declaration to establish the north‑south fence line and boundary, or (3) do nothing and risk losing the DNR funding.
Public Works Director Vogel said securing the boundary agreement would allow the project to proceed and that pursuing court action is an option because adverse possession facts may support the city’s case. Alderperson Baxter moved that the city attorney re‑issue the January offer and commence declaratory action if it is not accepted; the motion passed with all ayes.
Next step: Attorney Schroeder will repeat the offer to Exum Trust and prepare a proposed complaint if needed; timing may affect eligibility for DNR funds, and staff will monitor the DNR extension timeline.
