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HomeMy WebLinkAbout2013-10-16 13-327 ORDERCOUNCIL ACTION Item No. 13-327 Date: October 16, 2013 Item/Subject: ORDER, Authorizing Execution of Declaration of Charitable Trust — Essex Street Responsible Department: Legal Commentary: This Order will authorize the City Manager to execute a Declaration of Charitable Trust placing a majority of the property in trust for preservation of its natural resources and recreational and scenic values for the public use upon receipt of $29,000 from the Bangor Land Trust. In November 2012 the City of Bangor acquired a lot or parcel of land located on Essex Street after it was discovered that part of a former City landfill is located on a portion of the property. The Bangor Land Trust has long been interested in having the property preserved for the recreational and scenic use by the public. After an analysis by the Engineering Department it has been determined that much of the parcel is not appropriate for development because of its topography and landfill. However, there is a portion of the parcel abutting Essex Street that may suitable for a house lot. The Bangor Land Trust and the City agree that it would be appropriate to place a majority of the parcel under a Declaration of Charitable Trust to manage so that its natural resources and recreational and scenic values will remain forever preserved for the benefit and enjoyment of citizens of Bangor and the general public. In return for the City placing a portion of the property in a Charitable Trust, the Bangor Land Trust will pay to the City the sum of $29,000. This item has been reviewed and recommended for approval by the Infrastructure Committee at its August 26, 2013 meeting. Manager's Comments: Associated Information: Budget Approval: Legal Approval: Introduced for Passage First Reading Referral Department Head Ca 0. ( V) o City Manager X�td 9�� Finance Director Page _ of _ T 13-327 OCTOBER 16, 2013 Assigned to Councilor Sprague CITY OF BANGOR �R4iED.* (TITLE.) ORDER, Authorizing Execution of Declaration of Charitable Trust — Essex Street WHEREAS, in November 2012 the City of Bangor acquired a lot or parcel of land located on Essex Street; and WHEREAS, much of the parcel is not appropriate for development because of its topography and because part of a former City landfill is located on a portion of the property; and WHEREAS, a portion of the parcel abutting Essex Street is suitable for a house lot; and WHEREAS, the Bangor Land Trust and the City agree that it would be appropriate to place a majority of the parcel under a Declaration of Charitable Trust to manage so that its natural resources and recreational and scenic values will remain forever preserved for the benefit and enjoyment of citizens of Bangor and the general public; and WHEREAS, in return for the City placing a portion of the property in a Charitable Trust, the Bangor Land Trust will pay to the City the sum of $29,000. By the City Council of the City of Bangs: ORDERED, That Catherine M. Conlow, City Manager, is hereby authorized on behalf of the City of Bangor to execute a Declaration of Charitable Trust upon receipt of $29,000 from the Bangor Land Trust. Said Declaration to be substantially in the same form as attached hereto and in a final form as approved by the City Solicitor or Assistant City Solicitor. IN CITY COUNCIL October 16, 2013 a d CITY CLERK 13-327 OCTOBER 16, 2013 DECLARATION OF CHARITABLE TRUST Bangor, Maine WHEREAS, The City of Bangor, having a mailing address of 73 Harlow St, Bangor, Maine 04401, acquired a parcel of land located in the City of Bangor, Penobscot County Maine by a deed from Neil S. Warner to the City of Bangor, dated November 9, 2012, and recorded at the Penobscot County Registry of Deeds at Book 13011, Page 130. WHEREAS, the property was acquired with the specific charitable purpose of assuring the preservation and preventing building development thereon of a portion of said property; and WHEREAS, The City of Bangor intends to manage a portion of this land so that its natural resources and recreational and scenic values will remain forever preserved for the benefit and enjoyment of the general public; and WHEREAS, The City of Bangor, as municipal corporation, is committed to providing open space for the benefit of its citizens and the public. NOW THEREFORE, The City of Bangor hereby grants to The City of Bangor, its successors and assigns forever, as Trustee under this express charitable trust, the property as more particularly described in Exhibit A attached hereto ("the Property"), subject to the following covenants and restrictions that will run with the Property, in perpetuity, to which by acceptance of and in consideration for this deed The City of Bangor, agrees as Trustee thereof: The Property shall be owned and operated exclusively for charitable and benevolent purposes, permitting only those structures and improvements designed to accommodate access to and use and enjoyment of the Property, by the general public, for conservation education and low -impact outdoor recreation, nature observation and study; and all such recreational, educational, and conservation related structures and improvements shall be designed and sited in a manner to preserve the conservation values of the Property. The Trustee shall have the right to establish reasonable rules and regulations for public uses of the Property and to prohibit by posting or otherwise uses it deems inconsistent with or adverse to its conservation values. It is not the intent of this Declaration of Charitable Trust to grant the public standing to enforce this instrument, but rather that the Attorney General of the State of Maine shall have the sole such enforcement rights. 13-327 OCTOBER 16, 2013 IN WITNESS WHEREOF, The City of Bangor has caused this Declaration of Charitable Trust to be signed and sealed in its corporate name by Catherine M. Conlow, its City Manager, hereunto duly authorized, this day of , 2013. STATE OF MAINE COUNTY OF PENOBSCOT City of Bangor By: Catherine M Conlow Its: City Manager 2013 Personally appeared Catherine M. Conlow, City Manager and authorized representative of The City of Bangor, and acknowledged the foregoing instrument to be her free act and deed in her/his said capacity, and the free act and deed of said corporation. Notary Public/Attorney Printed or typed name of Notary My commission expires 2 13-327 OCTOBER 16, 2013 EXHIBIT A A parcel of land, in Bangor, Penobscot County, State of Maine, being a portion of the parcel depicted as "Land To Be Retained" on a plan entitled "Subdivision Plan — Property of Neil S. Warner — Penobscot County Registry of Deeds — Volume 10136, Page 215 — Essex Street — Bangor, Maine" prepared by Plisga & Day, and recorded May 11, 2009, as Map File 2009-24 in the Penobscot County Registry of Deeds, being the same premises as described in deed to the City of Bangor in a deed from Neil S. Warner dated November 9, 2012, and recorded in Book 13011, Page 130, of the Penobscot County Registry of Deeds, excepting therefrom the following described Parcel: Beginning an iron bolt in the easterly sideline of Essex Street, said bolt being the southwesterly corner of the parcel described herein; thence N 10° 28' 15" W a distance of 15.0 feet to a rebar capped "PLS 2327"; thence continuing N 10° 28' 15" W a distance of 97.8 feet to a rebar capped "PLS 2327", said last two courses being by the sideline of Essex Street; thence turning and running N 80° 46'30" E a distance of 260.0 feet to a rebar capped "PLS 2327", said course being by land now or formerly of Neil S. Warner; thence turn turning and running S 10° 28' 20" E a distance of 112.9 feet to a point on the southerly line of said parcel; thence turning and running S 80° 46'30" W a distance of 285.6 feet by land now or formerly of Robert C. Simpson and Mary Lou Simpson to the point of beginning. Said premises is subject to sewer line easement rights acquired by the City of Bangor and described in Sewer Book 5, Page 100 of the Bangor City Engineer's Records. Further, said premises is subject to an access easement 15 feet in width conveyed to the City of Bangor in a deed dated June 15, 2009, and recorded in Book 11846, page 106 in the Penobscot County Registry of Deeds.