September 9 Agenda Item 4
Attachments:
Attachment NameAttachment SizeAttachment Date
Size: 20K
Last Updated: 2013/9/5
Size: 157K
Last Updated: 2013/9/5
Size: 80K
Last Updated: 2013/9/5
Size: 60K
Last Updated: 2013/9/5
Size: 111K
Last Updated: 2013/9/5
Size: 75K
Last Updated: 2013/9/5
Subject:
Order to authorize the Town Manager to execute corrective easements for a private way.

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

ACTION: Council action is anticipated.
Summary:
In 2002, the Planning Board approved a private way (recently named Casparius Farm Lane) for Robert and Carlene Casparius off Winn Road.  The Planning Board approved that project with several conditions of approval, including the following easements to be conveyed to the Town:

1.     A sewer easement over the private way;
2.     A conservation easement over three acres of land; and
3.     A trail easement across one of the subdivision lots (Lot 4).

The developer complied with these conditions of approval by recording all three of these easements in 2002. 

The developer petitioned the Planning Board, and received approval, for an amendment in 2004.  The 2004 amendment resulted in changes to all three of the easement boundaries, however, corrective easements were never recorded to reflect these changes. 

The developer is now requesting approval from the Town Council to release, through a quitclaim deed, the Town’s interest in the three outdated easements from 2002 and to concurrently accept the three revised easements that have been modified to reflect the changes approved by the Planning Board in 2004.  Attached are the corrective easements, the quitclaim deed and the 2004 approved plan.  The documents are under review by the Town Attorney.