About Town:

In August, the full Maryland-National Capital Park and Planning Commission (M-NCPPC) approved the recommendation of the Montgomery County Parks Department to make available for transfer to the Town of Garrett Park the Garrett Park Estates Park Activity Building, also known as the Community Center and the home of the Garrett Park Cooperative Nursery School. LINK  The terms of the proposed transfer are more straightforward than a previous proposal involving a land swap, but a key issue remains to be resolved before the Town can decide whether to accept the offer: the precise form of ownership that the Commission proposes to transfer to the Town.

The Commission voted to convey the property to the Town “in fee simple� subject to two conditions. One condition – requiring a separate agreement that the Town continue routine maintenance at Garrett-Waverly Park – poses no problem for the Town because such an agreement simply memorializes what the Town has been doing for 15 years. (Garrett-Waverly Park is situated just south of Penn Place; three-quarters of the Park is owned by M-NCPPC, which would continue to be responsible for major maintenance items (tree removals, for example) and capital projects (repair of the tennis courts) on their portion of the park land. Since at least 1994, the Town has performed the everyday maintenance, such as mowing, for the entirety of the park.)

The second condition is that the Garrett Park Estates Park property “revert� to M-NCPPC if it ceases to be used for a public use. (As reflected in the proposed deed: “…in the event the property…ever ceases to be used by the [Town] as community recreation center, or other public use approved by the Grantor [M-NCPPC], that [the Town] shall immediately convey back to the Grantor fee simple interest in the property, and all improvements thereon.� See LINK

Although the Town has no fundamental objection to the of a reverter (that is, the Parks Department taking the property back if it ceases to be used for a public activity), there are possible problems posed by the nature of the reverter and the fact that M-NCPPC wants inclusion of the “reverter� language in the deed for the property itself. The exact type of land title is important so that the Town can prudently consider whether to accept ownership. Legal review of the proposed deed is underway and the Parks Department has indicated its willingness to discuss the issue.

Additionally, the Town will negotiate the terms of a lease with the Garrett Park Cooperative Nursery School. The exact terms are to be determined, but will involve the Town leasing the building to the Nursery School for a minimum of 15 years. In exchange for a nominal rent requirement, the Nursery School will undertake necessary repairs and upgrades to the building. One avenue of financing such repairs/upgrades involves the Nursery School seeking a State grant. The requirements for such a grant include the minimum 15-year lease. Additional information is available from the fact sheet prepared by the Nursery School. FAQ's LINK