South Avenue Survey

To help understand what the town is being asked to transfer to Chris Fulcher, it may help to see this 1995 survey by Dennis Fornes:



 


Mr. Fulcher now owns all of the property on the south side of South Avenue and west of Wall Street, as well as all property on the north side of South Avenue west of Toucan Grill and the Oriental Marina and Inn. He proposes that the town close "South Avenue and its subsequent appendage of First Avenue [sic - presumably he means Avenue A] where the private property on both sides of the right-of-way are owned by me or to which I have controlling interest." He goes on to say, "It is my understanding that with such a closure, the then previous right-of-way would become under my sole possession and control."

The town's existing South Avenue right-of-way intersects the Raccoon Creek harbor at A-B on the survey. The straight line distance between A and B is approximately 94 feet.

In return for the town abandoning the existing right-of-way, Mr. Fulcher proposes to donate to the town ownership of a 5,000 square foot lot 46.47' wide at water's edge with certain waterside improvements already completed or in progress.

The town board is considering how to respond to the proposal.

New Town Dock

Much vigorous discussion this morning at The Bean concerning Chris Fulcher's proposal to exchange some public rights of way for a nearly-completed pier.

I have a lot of thoughts, mostly having to do with the historical background of how we got where we are. My thoughts relate to esoteric considerations of right of way law, dedication and acceptance procedures, what happens when a right of way is abandoned and how long is "in perpetuity." The latter period is very long, indeed.

Therefore, negotiators on behalf of the town's public assets need to be careful and take a long view.

I have posted some initial thoughts here and will elaborate as time goes by.