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Last updated on May 30, 2012 at 17:55 EDT

New Park Project Runs into a Snag

October 1, 2008
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By Maria Armental

Apparent dual ownership of a section of land where Depot Square Park is to be built in Hope Valley calls a temporary halt to the plan.

Plans to build a park on a triangular tract next to the Hope Valley-Wyoming fire station at the intersection of Spring, Main and Mechanic streets are on hold due to an ownership discrepancy.

The announcement came just one day after Monday’s ground- breaking ceremony.

The proposed park — to be known as the Depot Square Park as it was the site of the former Wood River Branch Railroad’s depot — would comprise two lots, one owned by the volunteer fire district and another whose ownership is in question.

“It’s a little convoluted,” said Geoffrey A. Marchant, director of East Greenwich’s Community Development Consortium, which manages the project.

“Both the fire district and Mr. [John O.] Matson appear to have warranty deeds to the … land that makes up the rear of the Depot Square Park,” Marchant said.

In a warranty deed, the seller guarantees that he holds clear title to the land in question.

Marchant said the previous landowners, the Gilman and Bitgood families, had reached an agreement on where the property line lay but it was never recorded in the land evidence record.

Matson said the 1968 document was never signed by an engineer or licensed land surveyor.

The lots were since sold to the fire district and Matson.

The district’s board of directors and Matson are now negotiating a possible settlement by which the fire district would grant Matson a perpetual easement on its land so that Matson and the tenants at his Mechanic Street office building can park to the side of Matson’s building. In exchange, Matson would grant the district a quitclaim deed to the land in question, giving up any interest on the land.

“If we cannot come to a conclusion with Mr. Matson as proposed, we cannot proceed with the project,” Marchant said, adding, “we cannot invest state and federal money on land that we don’t own.”

If settlement negotiations fail, Marchant said, the project would have to be redesigned.

The fire district approved the proposed settlement last week. Matson said his lawyer is reviewing it.

Matson said he was confident an agreement would be reached.

Questions on the ownership of the land surfaced at least two years ago, but fire officials maintained they held clear title to both lots.

The park — which had a “substantial completion” date of Dec. 1 and final completion date of May 15 — is expected to cost $240,000, with money coming from the state Department of Transportation, the Department of Environmental Management and the fire district. Approximately $5,000 more has been raised by selling brick pavers, which will be inscribed with names or short messages to create a memorial brick sidewalk along Mechanic Street.

Hopkinton marmenta@projo.com / (401) 277-7405

Originally published by Maria Armental, Journal Staff Writer.

(c) 2008 Providence Journal. Provided by ProQuest LLC. All rights Reserved.