10/19/2009 Annual Town Meeting - Laserfiche WebLink

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LOUISON, COSTELLO, CONDON & PFAFF, LLP ATTORNEYS AT LAW - 67 BATTERYMARCH STREET p BOSTON, MASSACHUSETTS 02110 DOUGLAS I.LOUISON TELEPHONE:(617)439-0305 RUSO PATRICK S. COSTELLO FACSIMILE:(617)439-0325 JENA VALERIE AM. A. CC.McC DAVID E.LONDON ORMACK „ ' www.1CCP1aw.Com ROBERT A.STEWART BRADFORD N.LOUISON STEPHEN C.PFAFF - REGINA M.RYAN `ALSO ADMITTED IN MAINE, Of August 13, 2009 ? G, +1 Ms. Joyce M. Mason Town Manager u Mashpee Town Hall 16 Great Neck Road ; qi Mashpee,MA 02649 Re: Review of Preliminary Draft of the Annual Town Meeting Warrant for the Fall Annual Town Meeting to be held on October 19 2009 pi.. Dear Ms. Mason: You have requested my review of the preliminary draft Warrant for the Fall Annual Town Meeting to be convened on October 19, 2009. I offer the following comments in that ° regard. Article 10 (Acquisition of Mills Family Trust Land. As you know, the Article appearing as Article 10 in the draft Warrant was previously approved by the Town Meeting, subject to the terms and conditions set forth therein, at the Spring 2007 Annual Town Meeting. As you will recall, a condition to the authorization to acquire the subject properties and appropriate the $720,000 purchase price is that the Grantors certify good and marketable title to the subject property, free and clear of any and all liens, „4 encumbrances, easements, clouds and other third-party rights or claims, upon such terms and conditions as the Board of Selectmen deem to be in the best interest of the Town. Attorney Robert Mills, who represents the Grantors,has been periodically notifying me of actions taken to `+Ai clear title to the subject property. In 2008,he commenced an action in the Barnstable Superiors Court(Emma-Jo and Ann Mills Brennan v. Heirs of Harriet E. Lawrence;Barnstable Superior 7r Court Docket No. 08-700) to clear title to the subject property. On July 20, 2009 Attorney Mills +; notified me of further publication of notice in this action, including publication in the Los „1M aiq Angeles Times intended to put heirs on notice of the pending Court action. I assume that the subject Article appears on the Fall 2009 Annual Town Meeting Warrant to avoid diversion of the funds appropriated pursuant to the provisions of Chapter 6, Article VI, §6-22 of the General Y Bylaws. To this end, I believe that the Warrant Article asresented is appropriate. I will kee Pp „r I iii '• a 7.