Park deed uncovered, states property should be a park in perpetuity or land reverts back to original owner

In a further testament to crowd-sourcing news research, a TalkAbout poster using the moniker “Bring Me the Head of the Baptist” is the first to uncover the property deed underlying the Moss Beach Park.

Dated February 28, 1975, the deed transfers ownership of the park to the non-profit Coastside Preservation and Recreation, the same non-profit that would later be utilized in the building of the park.

The deed in written in a style of legalize typical of these documents but it clearly requires the property to be used as a park. An additional lengthy paragraph seems to indicate that the property would revert back to the original ownership should Coastside Preservation and Recreation fail to maintain it as a park.

It is unclear whether the terms of the deed are binding in the current situation where the property was sold for taxes.

I’ve made a transcript, as best I could make out, of the main body of the deed and have included a pdf of the deed as well.

[Click here for a copy of the actual deed.]

 

Transcript

To have and to hold unto said Transferee, its successors and assigns, for park, recreation, and community service purposes open to the general public, forever, upon the following covenant running with said real property:

That Transferee, it successors or assigns, shall maintain or cause to be maintained said real property for use for one or more of said purposes;

And that in the event said real property shall fail or cease to be maintained for use for any of said purposes, or in the event said real property shall be maintained or used for any other purpose inconsistent with the maintenance or use for that or those of said purposes for which said real property is maintained for use, Transferrer, its successors or assigns, may terminate all right, title and interest of Transferee, its successors and assigns, in and to said real property and revest the same in Transferor, its successors or assigns, and re-enter and repossess the same, and thereafter peaceably hold and enjoy said real property as if this conveyance had not been made.

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