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
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Finance Director
Page _ of _
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13-327
OCTOBER 16, 2013
Assigned to Councilor Sprague
CITY OF BANGOR
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(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.