I. Council Action Requested.
Title
To approve a notice pursuant to 23 MRSA §3032(2) to extend the time to vacate proposed, but unaccepted ways.
Body
II. Basis for Council Action.
Council approval of this item is required because;
a. Pursuant to 23 MRSA §3032(1-A) proposed unaccepted ways laid out on a subdivision plan recorded in the registry of deeds prior to September 29, 1987 were deemed to have been vacated if not constructed or used as a way or accepted by the town as a public, utility, or recreational easement,
b. 23 MRSA §3032(2) allows the municipal officers to extend the time for vacation of proposed unaccepted ways for one or more period of twenty (20) years,
c. The Windham Town Council, at its meeting of September 23, 1997, approved order 97-138 extended the time to vacate proposed unaccepted ways for a period of twenty (20) years, notice of which was recorded at the Cumberland County Registry of Deed,
d. The date on which any interest in proposed, unaccepted ways (also known as “paper streets”) will be vacated is September 23, 2017 unless extended by the municipal officers and notice is recorded at the Cumberland County Registry of Deed, and
e. Pursuant to Article II, Section 1 of the Charter, the Town Council “shall be and constitute the municipal officers of the Town.”
III. Issue Summary.
Please refer to the attached notice of extension through September 23, 2037 and copy of the list recorded when the extension was approved in 1997.