HomeMy WebLinkAbout1993-07-26 93-383 ORDERCOUNCIL ACTION
Item No. 93-383
Date ,&da t36. IM
Item/Subject: Authorizing Acceptance of Gift of an Basement from
JAC/CO/SAC Corporation to the City of Bangor
Responsible Department: Legal
Cosssentary:
SAC/CO/SAC Corporation has offered to donate to the City of Bangor
a 20' wide right-of-way extending westerly from the present
terminus of Shannon Drive to the former 'Veazie Railroad" right-
of-way, for use as a recreational trail and footpath. This
easement would provide public recreational access from Stillwater
Avenue and Shannon Drive to the former Veazie Railroad right-of-way
and to the City's Essex Street Recreation Center property. SAC/CO/
SAC's gift would include a release of any interestJAC/CO/SAC may
have in the former Veazie Railroad right-of-way adjacent to the
Recreation Center property, together with the right to maintain two
goal of establishing a recreational trail along the farmer Veazie
Railroad route, ultimately linking the Essex Street Recreation
Center with the City's forest holdings on the Orono town line.
V"I
Department Head
Manager's Comments: - S _
A�,l a4�v< iz
City Manager
Associated Information: Order, Release Deed and Easement
Finance Director
Legal Approval: ✓%,,'''0�
City Solicitor
IntrOdllged For
Passage
First Reading
Referral Page 1 of 5
Mec ned la Councilor Saucy Tu1y 26, 1993
CITY OF BANGOR
(TITLE.) (qrbprp Auth zingAcceptance Of_Gift of an Easement
from JAC/CO/SAC Corporation to the City Of Bangor
By CBV Comeil of Ma MY ofB%mmr.
TEAT the City Manager is hereby authorized, in behalf of
the City of Bangor, to accept a gift of aneasement and other
interests from SAC/CD/SAC Corporation, as described in the
"Release Deed and Easement" attached hereto.
93-383
ORDER
In City Council July 26, 1993
Passed Title,
Authorizing Acceptance of Gift of
to the
of Bango(54f. i9fP9i4[104..
1 ` [o Ge City of Bangor
iey Cler
......... I ........................•
t-r�}'fiwccAssigned W
rX,f'O
..i ..OY!'r:.:. .. ..........
o Councilmen
RELEASE DEED
AND EASEMENT
JAC/CO/SAC, a Maine corporation having a principal place of
business in Bangor, Penobscot County, State of Maine, as Grantor,
releasee as a gift to the CITY OF BANGOR, a municipal corporation
organized and existing under and by virtue of the laws of the State
of Maine, and located at Bangor, Penobscot County, State of Minn.
as Grantee, all of the Grantor's right, title and interest, if any,
1n and to the land located in Bangor, Penobscot County, State of
Maine described as follows:
All of that portion of the "Veazie Railroad",
so-called, lying westerly of and adjacent to
the Granter's promisee described in volume
4391, Page 17, Penobscot Registry of Deeds,
including that portion of the veazie Railroad
line lying westerly of and adjacent to premises
conveyed by the Grantor herein to MR, Inc., by
Grantor's warranty dead dated March 22, 1991
and recorded in Volume 4807, Page 212, portions
of which were subsequently conveyed by MRS,
Inc. to the City of Bangor by quitclaim deed
dated May 1, 1991 and recorded in Volume 4908, -
Page 179, Penobscot Registry of Deeds.
Said portion of the °veazie Railroad" as
described herein being a portion of the strip
of land originally conveyed by Joseph Kendrick
and Edward A. Emerson to the Bangor and
Piacataquis Canal and Rail Road Company by
their warranty deed dated November 4, 1837 and
recorded in Volume 95, Page 30, Penobscot
Registry of Deeds; said "Veazie Railroad" line
having subsequently been conveyed and now being
owned by the Maine Central Railroad Company.
The purpose of this Deed is to release to the City of Bangor
any and all rights of the Grantor in the above-described portion of
said Veazie Railroad line; including any prescriptive rights
established by the Grantor's. predecessors in title prior to 1929
and all of the Grantor's interest in two private crossing locations
e of which was reserved by said Joseph Kendrick and Edward A.
Emerson in their said deed recorded in Volume 950 Page 10,
Penobscot Registryof Deeds.
JAC/CO/SAC as Granter herein further grants as a gift to the
CITY OF BANGOR an easement over the land in Bangor, Penobscot
County, Maine described as follows,
93-383
A certain piece or parcel of land located in the
City of Bangor, Penobscot County, State of
Maine, westerly of and adjacent to the extension
of Shannon Drive which lies northwesterly of
Stillwater Avenue and northerly of Federal
Highway Interstate 95, said parcel being a 20
foot wide strip of land having 10 feet lie on
both sides of the centerline more particularly
described as follows:
COMENCING, at the southeasterly corner of Lot C
e shown on a plan by Pllsga B Day title
as
of lot C to Stillwater Garden
Subdivision, Shannon Drive, Bangor, Maine' dated
June 10, 1988;
THENCE, S 10 59. 27• 8, a distance of 25.00
feet to the POINT OF BEGINNING;
THENCE, westerly along an eccentric curve having
a radius of 235.00 feet concave to the right
105.35 feet;
THENCE, N 75 19. 19° W, a distance of 480.41
feet to point in the easterly sideline of the
land or right-of-way formerly of the Bangor and
Piscataquis Canal and Rail Road Company as
described in Volume 95, Page 10, Penobscot
Registry of Deeds; said point lies S 15 03' 20--
W, a distance of 11.86 feet from the
northwesterly corner of the grantor.
Meaning and intending to describe a 20 wide foot
strip of land containing 11,700 square feet more
or less.
The easement granted herein shall consist of an exclusive
right in the City of Bangor as Grantee to construct, maintain and
to open for the general public use arecreational foot path and
appurtenances providing access from said Stillwater Avenue and
Shannon Drive' -to land of the City of Bangor lying westerly of the
former Bangor and Piacataquis Canal and Rail Road Company land or
right-of-way described in volume 95, Page 10, Penobscot County
Registry of Deeds. The easement herein conveyed shall include the
right in the City of Bangor to enter with personnel, vehicles and
equipment and to pass and repass over adjacent land of the Grantor
as necessary to construct said footpath, and thereafter to maintain
the same; to use said footpath for vehicle access to land of the
Grantee as described above; and to exclude or permit and to
regulate general public use of said footpath for access or
recreational purposes on foot, on horseback, on bicycles, or on
recreational or other motor vehicles. All work performed by the
Grantee in constructing or maintaining said footpath shall be
performed with reasonable dispatch and in a manner not causing
unreasonable interference with, damage, injury or loss to lands of
the Grantor, including the land over which the within easement is
granted.
The Grantor reserves the right to dedicate all or any portion
of the area made subject to the easement granted herein, to the
City of Bangor for use a public way, or to construct a private
road or road extension to serve land of the Grantor; and further
reserves the right to install utility services within the bounds of
the easement area.
IN WITNESS WHEREOF, SAC/CO/SAC has caused this instrument to
be signed in its corporate nava by JA S W. PARKER, its
hereunto duly authorised this day of
1993.
Witness, SAC/CO/BAC
(Ey)
James W. Parker
(Title)
STATE OF MAINE
County of Penobscot, Be
IU -1,
Then personally appeared the above named JAMES W. PARSER, and
acknowledged the foregoing instrument to be his free act and deed
in his said capacity and the free act and deed of said corporation.
Before me,
Notary Public/Attorney at Law
Printed Name[