2017.03.27 Council Agenda Item 13
Summary
Order to authorize the Town Manager to accept a Warranty Deed conveying title to the 40’ ROW at the end of Twin Ponds Drive.
A public comment period will be included with this item (3 minutes).
ACTION: Council action is anticipated.
Description
A subdivision plan for Twin Ponds was recorded in August 1998 and shows a 40’ wide paper street at the end of the paved road. Under Maine law, the Town has 20 years to accept such paper streets for public use (in this case, until August, 2018). The Town has already accepted the paved portion of Twin Ponds Drive, which the Town now maintains as a public street.
On the 40’ wide ROW, the Town has an easement from the developer, but that easement is limited to “pedestrian access only” and the easement does not expressly allow the Town to maintain the current path/trail there, or to permit bicycles in addition to pedestrian use. The Council is now being asked to consider accepting the fee to the 40’ wide ROW in order to eliminate any ambiguity about the Town’s right to maintain the path and allow use by bicycles. If the Town accepts the fee in the 40’ wide ROW, the old easement will be null and void.
