Baxter working to finalize a new five-year lease agreement to reopen the old portion of Baxter Park after the city discovered the original 99-year lease was never recorded.
Mayor Danny Holmes said the issue came to light approximately two weeks ago when an insurance agent notified the city that the property was no longer covered. Holmes said the city originally believed it held a 99-year lease granted by W.T. Sewell in the 1940s, but officials were unable to locate a recorded document at the register of deeds.
“It’s unfortunate,” Holmes said, “I’ve caught a lot of grief over this, but no one can go on that playground without insurance. You know, we want to protect the kids and whoever’s over there in case something did happen.”
Holmes said the lack of documentation led the Tennessee Municipal League to drop the park from the city’s insurance coverage following a recent safety inspection. Holmes said the current property owner questioned who would be liable for accidents on the land, leading to the park being roped off with caution tape and no-trespassing signs.
Holmes said the city attorney is currently drafting a new lease that will be reviewed by the property owner’s legal counsel before going to the council for approval. Holmes said the new agreement will likely be a five-year lease for one dollar, mirroring the terms of the original unrecorded agreement.
“This will never happen again because it will be recorded with the register of deeds,” Holmes said. “And, you know, I can imagine back in 1940, whoever the mayor was, I’m not sure who he was at that time, but it might have been a handshake.”
Holmes said the closure only affects the older section of the park located on the right side of Cow Palace Drive, while the Blue Cross Blue Shield park on the left remains open. Holmes said he hopes to have the old portion reopened within the next couple of weeks once the new lease is signed and insurance is restored.
“I would love to purchase that property and know that it will always be a Baxter Park because I think what I was told by what Mr. W.T. Sewell said, ‘I’m giving you a lease for 99 years as long as it stays a park for the city,'” Holmes said. “Well, that’s what he wanted and I think that’s what the current owners will want because I’ve, you know, I know all of them.”
Holmes said the city will review other properties to ensure no other documentation issues exist, though he believes this is the only leased land currently used by the city. Holmes said he previously assumed the city owned the park property outright.
“I guarantee you we’re going to get it reopened,” Holmes said. “I just want the citizens of Baxter to know that and, we’ll be using it, myself and everyone else will be using it again.”
