BIDDEFORD — About 27 acres of land that has been thought-about a part of Clifford Park in Biddeford for greater than 100 years is now formally part of it.
Metropolis councilors, in a slender 5-4 vote on Feb. 7, agreed to sentence an 18-acre parcel and a 9-acre parcel – 27 acres in complete.
The motion clears the titles to the 18 and 9 acre tons. The matter got here to gentle as the town performed a title search because it ready to switch 4.2 acres of land within the park to E &R Growth Company as a part of a swap for 100 acres from E & R and Gervais Dube. E & R Growth not too long ago received approval from the Biddeford Planning Board for a 19-lot subdivision on an 8.31-acre land parcel adjoining to Clifford Park. The town discovered that the 4.2 acres for use within the swap was a part of the 27 acres the town apparently didn’t personal.
The final deed conveyance seems to have taken place within the late 1840s, in response to the town’s condemnation order.
The order references many people as heirs, together with a church, Pepperell Manufacturing Firm, Westpoint Stevens, Saco Water Energy Firm and others.
Some metropolis councilors objected to the time allowed for heirs to return ahead with a declare — heirs have been notified by letter on the Thursday previous to the Tuesday metropolis council assembly.
Metropolis Solicitor Harry Heart famous nobody has paid taxes on the parcels for a few years, and “nobody has stated that is my land, that is my property.” He additionally famous {that a} search of metropolis information didn’t flip up any indication the town had pursued tax liens on the properties.
There’s a interval after a condemnation motion the place individuals might step ahead, Heart famous.
Metropolis Councilor Liam LaFountain stated he would need greater than 4 days’ discover if somebody was getting ready to take his land by eminent area, and requested what different avenues have been thought-about.
Heart stated the choice could be a quieting of title, which he stated could be extra time consuming and costlier — and he famous the courts are backlogged. “It might take years to deliver a quieting of title motion,” he stated.
“We’re actually taking it from ourselves; nobody has claimed possession for years … we would like this to scrub up the title and transfer on,” stated Council President Norman Belanger. “We all the time thought it as a part of Clifford Park.”
Belanger went on to say that the title must be cleared.
“To me, that is probably the most expedient and cost-effective means,” stated Belanger. “I occur to help the 4 acres for 100, however that isn’t in entrance of us … we have to clear the title it doesn’t matter what occurs.”
A number of residents stepped ahead to object to the motion or specific frustration.
Chrystina Gastelum famous that in October 2020 the town council had agreed that there could be additional conversations on the land swap proposal with E & R Growth as a result of employees couldn’t reply some questions on the time, however famous that didn’t happen.
“Utilizing eminent area to make this all work is simply one other piece of a reasonably damaged wanting course of,” she stated.
“As soon as the general public turned conscious (of the land swap) they have been frequently advised it was a performed deal and too far alongside within the course of for adjustments to happen,” stated resident Maya Atlas, who instructed a delay within the course of.
One other resident stated the town knew there was a problem with the deed throughout a planning board website stroll within the spring of 2022.
Loren McCready requested councilors to vote in opposition to the condemnation order and opined that the taking didn’t meet authorized necessities.
Councilor Bob Mills stated he deliberate to vote in opposition to the proposal and stated he believed the actions of the town council and planning board regarding the property are null and void as a result of the town didn’t personal the property.
Councilor Doris Ortiz instructed one other week or two would give heirs extra time to reply.
Metropolis Supervisor Jim Bennett stated he didn’t know what a one- or two-week delay would imply and famous there’s a window of time the place a developer must undertake environmental duties — however that the clearing of title is one thing that should occur.
“If we don’t clear title, you have got breached the contract the town has entered into … and should you do, you might be one hundred pc chargeable for no matter claims could also be made,” Bennett stated, including there could be no safety from the Maine Tort Claims Act.
Councilor Marty Grohman stated he’s a giant supporter of Clifford Park and favors the land swap “however I don’t like how this specific order has superior,” and requested for just a little extra time.
“It’s a gem of a park, nevertheless it has not been a gem of a course of,” Grohman stated.
In the long run, the vote to maneuver ahead with the commendation was accepted, with councilors William Emhiser, Marc Lessard, Doris Ortiz, Julian Schlaver and Norman Belanger in favor, and councilors Bob Mills, Scott Whiting, Martin Grohman and Liam LaFountain opposed.
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