Agenda Text
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Requesting approval of the attached Order of Taking of 31 Tufts Street.
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Official Text
To the Honorable City Council:
I respectfully request that the City Council adopt the attached Order of Taking for the property now numbered 31 Tufts Street, which was a portion of property formerly owned by American Legion Post 388 ("Post 388") with an address of 163 Glen Street. The property was subject to a deed restriction which required that the parcel, part of Post 388's parking lot, revert back to the City's ownership if the property was no longer used as an American Legion Post. In 2014, Post 388 reached out to the City to effectuate transfer of the title to this portion of the property, as the remainder of the property was to be sold and therefore would no longer be an American Legion Post. Although the time for exercise of the reverter had expired, Post 388 assented to and acknowledged the revesting of title in the City.
The property is now the proposed site of an affordable housing development. The developer's title insurer has expressed concern over the validity of the City's acquisition, in spite of Post 388's assent and acknowledgement. While we do not share this concern, adoption of the attached Order of Taking will serve to clear the title of any perceived defect and will pave the way for construction of the affordable housing development.
No appropriation is required for the taking due to Post 388's assent to the original transfer.
My staff will be available to answer any questions you may have.
Respectfully Submitted,
Joseph A. Curtatone, Mayor