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HomeMy WebLinkAbout1975-09-22 356 AC ORDER356 Introduced by Councilor Soucy September 22, 1975 r CITY OF BANGOR QIIl63 (k)rDBro _Autm i tog Execution of non-alienati n Covenant: ease No. 01-31-00015 BY the City Cow omM of City of Beggar: ORDERED, TUT the City manager is hereby authorised and directed on behalf of the City of Bangor to execute a non -alienation covenant running to the 6commic Development Admialetratlon, a true copy of said coverunt being on file in the office of the City Clerk and made a part hereof. SUPIPINRf OF PACT: The Bcommi6 Development Administration is requesting that the City execute a aft -alienation reverent relative to the improvements w being rade at Bass park. The term of this covenant will be. 40 years and will require that the "project facilities" described in the grant sppl£- cation and acceptance will Be held for and devoted to public purposes only. IN clw CON IL 356 AC September 22, 1975 ,passed';. ORDER 9� �- CITY CLE T=ttej, y AAtlswi n e:ec,tou of NO 1fE t ;o�' ftEGE1VED ...9.....0 '� CITY DY BANGOR EP c PFICE C6veoMt; Ba Park IDA PYOje �o„ 4 "m-;l-oaois. e.. - '15 SEP 18 H 3 4 Introduced and filed Lr 1p i,. C O V E N A N T This Covenant made this day of , 19_, between City of Meant , whose address is Eaecutive Deet. 13 Harlow St., Hangr Me. OLLOf (hereinafter with lea a and naign called the "Grntee"), and the ECONOMIC DEVEIDPMENTaAMINISTEATION, NNIEED STATES OF AMERIM, whose address is Min Commerce Building, Washington, D.C. 20230 (heretoafter with its successors and assigns called 'BLP'): WHEREAS, by Offer of Grant dated August 25 L9 75 EM offered a grant designated as EDA Project No. 01-31-00015 to the Grantee to assist in financing the construction of improvements to Beae park (hereinafter called the 'Troject Facilities in Bangor, Maine , the location of which is more particularly described in Exhibit "A" which L attached hereto and made a part hereof: and WHEREAS, On August 2I 19 75 the undersigned accepted the Offer of Grant subject CC the "Stender Terms and Conditions" incorporated therein by reference; and WEEREAS, pursuant to the aforesaid "Standard Terms and Conditions" and by virtue of its acc"tance of the Offer of Grant, the Grantee coveranted and agreed that it, or a successor satisfactory to EIA, will retain title to the Project Facilities for their useful life and that the project Facilities will be devoted to public purpose; and WHEREAS, it is desirable that the Grantee'snant be recorded in the appropriate public records affecting real propertyinthePenobscot County, - mine and thereby constitute notice to all persona of restriction 0n title to and use of the Project Facilities; NOW, THEREFORE. in consideration of financial assistance reMered and/or to be rendered by EM and to assure that the benefits of the Project Facilities will accrue to the public as intended by both EM and the Grantee, the Grantee hereby covennts and agrees as follows: 1. That, the Grantee Orsuccessor satisfactory to EGA will retain its title tothePojectFacilities and its title t0 the real property upon which said Project Facilities are dy)ocated, which real property is described in Exhibit "A' attached hereto and made a part hereof for the term of forty (40) years; 2. That during the said term, the Project Facilif Lea will be held for and be devoted to public purposes only, resets ing to the Grantee, its lessees, successors na ss ig, the right and privilege to Charge reasonable fees and chargee for the use of said facilities by the public; and subject further to the astriction in the one of said real property under conditions applicable to Bass park, so-called, as described. in the Will and Codicils of the late Joseph P. ease, said Will and Codicils having been approved and allowed in the Penobscot County Probate Court On April 29, 1919; and 3. That the comerants and restriction herein contained shall be real covenants and shall run with the land described in "Exhibit A" hereto; provided, however, that the aforesaid covenants name and astriction $hell terminate after forty (40) years;provided, further, however, that prior t0 the expiration of said term the covenants and restriction may he terminated only with the prior written consent of EM. IN WITNESS WHEREOF, the Undersigned has hereunto set its hand as of the day and year first above written by its duly authorized officer. (SEAL) ATTEST: Grantee Borrower BY: Title: Title• Witnesses: STATE OF - COUNTY OF On this day of 19 before me, a Notary Publlcpersonally appeal known to me to be the person described in the foregoing instrument, and acknowledged that he executed the same in the capacity therein stated and for the purpose therein contained, and that he is duly authorized to execute the said instrument. GIVEN UNDER BY HAND AND SEAL this day of , 19 (SEAL) NOTARY PUBLIC Description of Bass Park Beginning at a point on the southwesterly right-of-way line of Buck Street located 475.75 feet northwest from the north- westerly -right-of-way link of min Street; thence North 370 30' ' West along the southwesterly eight -of -way line of Buck Street for a distance of 1,978.45 feet; thence South 530 50' West for a distance of 504.85 feet to a point, Said point being on the center line of Norway Road extended; thence in a northwesterly direction along the projected center line of Norway Road £or -a.. distance of 733 feet to the Southeasterly terminus of Norway Road; thence deflecting 880 96' to the southwest for a distance of 825.04 feet to a point on the northeasterly line of the Bangor Nunicipal Golf Course, formerly the City Farm property;.. thence in a southeasterly direction along the nos theasterly line of said Golf course land for a distance of 2,451.44 feet to the intersection of said line with the northeasterly right - o£ -way line of Interstate Highway I-95; thence in anorth- easterly direction for a distance of 150 feet to the north- easterly eight -of -way line of Catell Street extended; thence in a southeasterly direction along the northeasterly right- of-way line of Catell Street for a distanceof422.4 feet to the northwesterly right-of-way line of Hubbard Street; thence along a curve to the northwest, said curve having a radius of 65 feet and being tangent to the northwesterly _ right-of-way line of Bubbard Street for a distance of 62.89 feat; thence continuing in a northwesterly direction along a line tangent to said curve at the last described Point for a distance of 144.99 feetl. thence in a northeasterly direction at right angles to the last described line for a distance of 162.9 feet to a point; thence deflecting 160 281 to the north, on a bearing of Forth 560 52' Brat for a distance of 300.1 feet to a -point; thence North 690 55' East for a distance of 9.9 feet; thence North 570 53' East for a distance of 3.3 feet to the southbesterly right-of-way line of Dutton Street; theme North 530 4' East for a distance of 60 feet to the northeasterly right-of-way line of Dutton Street; thence North 360 56' West along the northeasterly eight -of -way line of Dutton Street for a distance of 22.0 feet; thence North 530'4' Mat for a distance of 14..9 feet; thence South 490 49' East for a distance of 17.75 feet; thence North 400 11' East for a distance of 476.8 feet to the southwesterly right- of-way line of Buck Street and the point of beginning. EABIBTT 'A"