Property boundary issues have come to light as the Magnolia 4A Economic Development Corporation prepares to unveil a completed Magnolia Stroll to city residents next month.

A land encroachment dispute arose recently when a survey paid for by council candidate Dave Sutherland found that a section of the Stroll encroaches on property he owns on Clepper Street near Sullivan Park.

“It really looks like they encroached on our property,” Sutherland said. 

According to the results of the survey, a portion of the Stroll extends onto his property in one area by 6 inches and on another by 8 inches.

Sutherland said he submitted an open records request to the city asking if a survey was done was performed by the city before beginning construction. He said the city responded by saying no survey was done.

Sutherland, a former city councilman, also filed an incident report with the Magnolia Police Department last week after a confrontation between he and 4A EDC president Jonny Williams over the property and survey markings.

Pictured, Magnolia 4A President Jonny Williams (center) and members of B&C Construction Company talk at the site of the under construction Magnolia Stroll March 16. Williams said the project should be done by mid-April.

In the report, Sutherland claimed that on March 12, he was confronted by an angry Williams while standing on his property on Clepper Street while Sutherland spoke with two friends.

Sutherland said that Williams’ wife, councilwoman Patsy Williams, took pictures of the survey markers while Jonny Williams “appeared angry” when he approached him and “started with a verbal altercation.”

He went on to write that an exchange between he and Williams then took place, where Sutherland claimed Williams used several expletives.

The Williams’ left soon after, Sutherland said, and later that day Jonny Williams called and apologized.

“I did not do this for any other reason than to find out where my property lines were,” Sutherland said. “The survey came out the way it came out.”

Williams admitted that the city may have made a mistake with the property boundaries.

“There’s a possibility of there being an error in the layout from the contractor’s point of view or possibly a survey error,” Williams said. “Regardless of which one it is, we will correct our problem. If we have encroached on his property, we will move it, which is not a big deal.”

He added that a surveyor for the city and Sutherland’s surveyor were planning to meet last week to “work it out.”

In addition to issues with property boundaries, construction crews have experienced rain delays and run into water and gas lines.

“It happens,” Williams said.

He went on to say that such issues are common during large-scale construction undertakings like Unity Park and the Stroll.

Despite the problems, Williams said he has not received negative feedback from business owners along the walkway.

“Business owners (along the Stroll) are excited,” he said. “Everybody I’ve spoken to has been positive about it.”

The Stroll, a walking trail one block west of FM 1774 that runs south from FM 1488 to Sanders Street at Magnolia Junior High 6th Grade Campus, extends along the back alleyway of downtown businesses along FM 1774.

The pathway will feature lamppost lighting, tables and benches and several archways, or arbors.

He added that “assuming the rain holds off” all lighting will be installed by the end of the month.

“We should be pretty well finished by the middle of April,” Williams said last week.

A dedication ceremony for the walkway scheduled for April 24 is currently in the planning stages.

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