HomeMy WebLinkAboutmin brd of selectmen 08/30/00 Exec
Board of Selectmen
Executive Session Minutes
August 30, 2000
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Present: Chairman David W. McCarter; Clerk Bradford E. Wills; Selebmen
Amoruso I Robinson, and Donovan.
Also present were Town Manager John O. D'Agostino and Town Counsel Robert S.
Mangiaratti.
The Executive Session was convened at 7:20 p.m. to discuss the acquisition of the
Rezza property off Plain Street for the Witch Pond Wellsite.
Town Counsel Mangiaratti reviewed the acquisition process to date, advising the
Board of a potential problem that has arisen. He reported that in doing the Title
Examination for the Town, he has discovered there is some ambiguity in that the
right-of-way created to get to the Rezza parcel was only vaguely described when it
was created by the Commonwealth of Massachusetts when they did the land taking
for Route 95. The easement was done at that time to create access to "all land cut
off by I-95." It went from Plain Street into what is now our Town Wellsite and it is
not clear if this right-of-way gives us the right to access the Rezza land. He
reported the closing is scheduled for September 15th and Town Treasurer Richard
Boucher says we will be able to place a bond and everything should go according to
the original plan.
He suggested the following options as being available:
· go to the Town of North Attleboro to clear up any ambiguity, but this would
create the risk of stirring things up with North Attleboro
. obtain title insurance
He reported sending all the instruments to Commonwealth Title Company. Following
their review, they feel comfortable writing a title insurance policy that will
guarantee the Town the right to use the easement. The downside is that it will cost
$3,000 to obtain the title insurance.
He noted the principle at work in the situation is the easement would be "over-
loaded" if used to get to both parcels. It is now being used to get to only one
parcel. With the title insurance, he suggested it is worth running the risk and
recommended purchasing the title insurance. He pointed out to the Board that the
insurance covers the Town only for it's intended purpose, which is a well only. It
would not cover the Town if it's decided to put a recreation complex on the
property.
Motion: To authorize the Town Manager to execute an amended agreement that
allows us to go forward with the purchase and friendly taking of the Rezza property
off Plain Street and to authorize the purchase of Title Insurance for that purpose.
(Amoruso-Ro b i nson)
Roll Call Vote: Amoruso, aye; Robinson, aye; Donovan, aye; Wills, aye; McCarter,
aye. All in favor Passes
Motion: To adjourn Executive Session at 7:45 p.m. and return to Open Session.
(Amoruso-Wills)
Roll Call Vote: Amoruso, aye; Robinson, aye; Donovan, aye; Wills, aye; McCarter,
aye. All in favor Passes
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Date of Release