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Attorney for developers asks committee to recommend discontinuing 1866 Elm Street right-of-way to clear title for 18-unit plan
Summary
Jim Callahan, counsel for property owners, asked the committee to recommend absolute discontinuance of a historic Elm Street right-of-way that overlaps an approved 18-unit condominium site plan. The petition includes conditions requiring the applicant to relocate a water main and grant temporary access for city maintenance; committee recommended the resolution with technical corrections.
Attorney Jim Callahan, representing Paul and Gail Driski, told the committee that a city right-of-way laid out in 1866 crosses parcels that the petitioners propose to develop as an 18-unit condominium project and that the historic right-of-way creates a cloud on title and practical obstacles to the approved plan.
Callahan said the state DOT had conveyed parcels to the petitioners and that the district DOT engineer indicated consent. The petition asks for absolute discontinuance of the right-of-way and includes conditions: the petitioners must grant the city a temporary access easement for maintenance of a water main, relocate the water main into the existing Elm Street traveled way within 36 months, and pay costs for water-main relocation, roadway restoration, catch-basin replacement and engineering fees.
City Attorney and Public Works Director Don Lucier described the right-of-way as a historic or “paper” way that has not functioned as a public highway for many years and said the city no longer needs to maintain it; they noted the water-main relocation condition is included to protect infrastructure and to ensure maintenance access. City attorney identified a minor meets-and-bounds correction and said it would be fixed in the revised petition to match the resolution to be presented to full council.
A motion to recommend adoption of resolution R2026-22-A with the city attorney’s indicated corrections passed unanimously. The recommendation will go to full City Council for final action.
