McFee Road Land Purchase - Access Easement

The Town is not required to build a road in the access easement, we are only required to provide an access easement.

During its June 22, 2023, Board of Mayor and Aldermen meeting, the Board approved the Letter of Intent (LOI) to purchase the McFee Road property.

Letter of Intent approved during BMA June 22, 2023 meeting

On August 30, 2023, a Real Estate Purchase and Donation Agreement was signed, the requirements in the purchase agreement are consistent with the requirements detailed in the LOI.  The Town has 60 days from the date of execution to terminate this agreement. Section 4.2 of the Agreement details the terms that shall run with the land.  One of the requirements is to provide an access easement between the Seller’s retained tract and the purchased and donated tract for access to McFee Road.  The Seller intends to protect the current access he has to McFee Road.  The Seller has always intended to protect that access and will protect that access regardless of who he sells the property to.

Whether that property includes a school, a park or houses, the Scotts intend to protect the access they have to McFee Road.  They will not negotiate a contract to sell the property that does not include access to McFee Road to the property they intend to retain.

According the purchase agreement, the Town is not required to build a road in the access easement, we are only required to provide an access easement.  When Farragut is ready to begin the process of master planning for the future park is when the discussion about the access easement will be had. The language in the Purchase Agreement regarding the access easement is below.  

(b) provide an easement at least fifty (50) feet in width for ingress and egress from McFee Road, over and across the Purchase Tract and the Donation Tract, to the Retained Tract (the 'Access Easement "), the location of which shall be subject to change at the election of the Purchaser to fit with or accommodate the needs of the access approved in the initial Master Plan approved for the Purchaser’s use of the Property. After such initial Master plan is approved, the location of the Access Easement shall not be further changed without the prior written consent of the owner of the Retained Tract, which consent shall not be unreasonably withheld if such changes do not materially adversely affect the access of the Retained Tract to McFee Road and do not materially increase the cost of constructing the driveway from the Retained Tract. The road and any related improvements constructed in the Access Easement (the "Road Improvements") shall comply with the Purchaser’s regulations for a public road. When the Purchaser develops and constructs the public park on the Property, Purchaser shall construct the Road Improvements in the Access Easement at its expense to the point reasonably determined by the Purchaser as required to provide access for such park improvement to McFee Road. The owner of the Retained Tract may, at its option and expense, construct the Road Improvements in the Access Easement to connect to the Road Improvements constructed by Purchaser, or in the event that Purchaser has not constructed any Road Improvements, the owner of the Retained Tract may construct the Road Improvements through the entire Access Easement to McFee Road at its expense. Upon completion, the Road Improvement shall be maintained by the Purchaser as a public road.

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