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Councilors send 73 Lake Street title and right-of-way questions to city solicitor and Community Development
Summary
The Legal Affairs Committee voted unanimously Aug. 19 to ask the city solicitor and Community Development to examine title records and determine whether the city retains rights over a disputed right-of-way at 73 Lake Street.
The Peabody Legal Affairs Committee voted 5-0 Aug. 19 to request that the city solicitor and Community Development examine title documents and determine whether the city retains any rights in a portion of land adjacent to 73 Lake Street.
Attorney Kelty told the committee the issue involves an historical right-of-way referenced in older documents and that there is evidence the city once accessed a reservoir over that passage. Kelty said he had forwarded title materials to the city attorney and recommended a meeting with staff to assess whether any city rights remain. "I should ask for a meeting with, whether it be Elizabeth Lashway or, Dawn Khan, to examine the title and to make a determination and therefore a recommendation, to this committee as to what, if any, rights, the city has," he said.
Councilor Turco moved to refer the matter to Community Development and the city attorney for a complete review; the motion passed on a roll-call vote with all five committee members voting yes.
Next steps: The city attorney and Community Development will review the title, examine historic discontinuance records and return a recommendation to the Legal Affairs Committee about whether the city holds any rights or obligations regarding the parcel.
