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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[