2015.08.10 Council Agenda Item 05

Summary

Order to authorize the Town Manager to execute a limited joinder of the Town of Falmouth in an easement deed between the Falmouth Historical Society and an abutting property owner.

A public comment period will be included with this item (3 minutes).

ACTION: Council action is anticipated.

Description

An abutting residential neighbor to the Falmouth Historical Society (FHS) has had part of his driveway located on FHS property for many years. It was acknowledged by all parties in the early 2000s that something should be done to recognize or correct the overlap. Recently, the neighbor is relocating and has the property for sale. The FHS board has voted to grant the easement provided all transaction costs are covered by the grantee. The Town has reverter rights on the FHS property that date back to when the Town gifted the property to FHS. The proposed action by the Council is for the purpose acknowledging that the proposed easement deed does not trigger the Town’s right of reverter on the property, nor limit any future operation of said right of reverter; and does not include any monetary consideration. 

A copy of the deed, survey, proposed easement deed and limited joinder are attached.