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HomeMy WebLinkAbout1999-11-08 00-015 RESOLVECOUNCILAMON Man No. 00-15 Date: November 8,1999 ItabbSUbjeoD Resolve, Ratifying Acceptance of Release Deeds from John M. Pierce- Release of Deed Restrictions on Uses of Ban Park Responsible DepadmenD Legal The will of Joseph P. Bass imposed certain restrictions upon Me City vegan ing Me use of Bass Park. John M. Rene, heir of.lomph Bass, has executetl two deeds rtleasiy the Ciry, from all resoidions with to exception of Me obtainment that the premaes continue to be known as Bass Park pa a Hnsd Manager's Comments: Over the free, issues have been periodically ralsed regarding certain of the restriabns included in the transfer of property W the Ory. On a east one occasion, the City si a Court review of Mese provisions prlortotinki"oetinaitmnsat Baa Park. MosLre llydudngthedhcussbnofthepotentalmnsrvd n of a baseball park on Me property, the oar City Sabcibr awed an opinion that the City could not construct and sell or long -teen lease luxury boxes as a potential source of revenue since tis would potentially conflict with the onr iom. BaSetl on conversations M date, includiy the most recent discussion of this issue with tat Bass Park Committee at Its last meetly, it is clear that A is not the Council's Intent M use this action M bring about am• dramatic changes In the current uses d Bas Park. It is also dem, however, tat this action will allow the CM somewhat greater likability in Me future. My Mori changes a[ Bros Park will require formal action by Me City Council and prwkle for public paBclpabon In Mese decisions. At its art messily, the Bass Park Committee recommended approval of this action. nn6 lwi Marega A®odaMd IMomMtion:Ortler, Deeds, {OgaN1101 W Homes Director Legal Approval: dy Solicitor Introduced for X Possible _First Reading Pzga_a Referral to Finance 00-15 Assigned to Councilor Palmer Aovember 8. 1999 CITY OF BANGOR Ratifying Acceptance of Release Deeds from John (TITLE,) �Rmalbw,... _..... _.... _.... _.... _.... ....... ........ .... .... ..... .... .... ....... 6.. .... _..44..6. ... ...... M. Pierce -- Release of Deed Restrictions on Uses of Bass Park BY Me City Cossey! of Me C%W of Sasser. RESOLVED. THAT the actions of the City Manager and City Solicitor in accepting and recording Release Deeds from John M. Pierce, as successor trustee under the Last and Will end Testament of Joseph P. Bass, releasing certain deed restrictions on the use of Bass Park is hereby ratified and confirmed. Copies of the deeds in their executed and recorded forms are attached to this Resolve. IN un caoecil. November 8, 1999 Notion for fassage tlsde and Seconded IPassed 00.15 EES0LVE Ratifying Acceptance of Release Deeds fran Jahn R. Pierc — Release of Deed Restrictions on Users of Bess Park ov,� PAal-A AFFECTED PROVISION OF THE J. P. BASS WILL "Provided the City of Bangor shall on or before six months from January 1, 1933, vote to accept a deed of said Park and shall vole that said Park shall be forever used only for and devoted to Public Park purposes including, if the City shall sea fit, semi-public purposes such as circuses, fairs, the City charging rental for such uses at its option; and the City shall vote that said Park shall be forever known as Bass Park" and the City shall vote to apply all the money which it may receive under the provisions of the trust created under Article 11 of this will only for improving, beautifying and adding to said Bass Park" from time to time and at any time; thereupon said Trustee shall convey to said Cry said Park, if not already conveyed, to have and to hold to said City so long as said Park shall be used for and devoted to one or some or all of said purposes and those purposes only, and so long as said park shall be called Bass Park, and so long as said moneys to be received by said City as aforesaid shall be applied only for the aforesaid purposes or some or one of them, and no longer" This was taken from Article 12 of the J. P. Bass Will. BK708IPG314 - 0'0105 RELEASE DEED KNOW ALL MEN BY THESE PRESENTS THAT, I, JOHN M. PIERCE, of Woodstock, County of Windsor, State of Vermont, for consideration paid, the receipt of which is hereby acknowledged, hereby release to the CITY OF RANCOR, a municipal corporation located in the County of Penobscot, State of Maine, its successors and assigns, the land in Bangor, Penobscot County, State of Maine, described as follows: Beginning at a bolt at the intersection of the Westerly line of Buck Street and the Northerly line of Main Street, thence running S. 400-07' W. along the Northerly line of Main Street a distance of 429.3 feet to a point, said point being 71.6 feet from a bolt at the intersection of the Northerly line of Main Street, and the Easterly line of Dutton Street, thence running N. 360-56' W. and parallel with the Easterly line of Dutton Street a distance of 83.6 feet to a point, thence running S. 530-04' W. a distance of 70.0 feet to a point, said point being on the Easterly line of Dutton Street, thence running N. 360-56' W. along the Easterly line Of Dutton Street a distance Of 379.4 feet to a point, thence running S. 530-04' W. a distance of 60.0 feet to a point, said point being on the Westerly line of Dutton Street, and the aforementioned line is the Northern terminus of Dutton Street, thence running N. 360-56' W. a distance of 22.0 feet to a point, thence running S. 570-53' W. a distance of 3.3 feet to a point, thence running S. 690-55' W. a distance of 9.9 feet t0 a point, thence running S. 560-52' W. a distance of 301.1 feet to a. point, thence running S. 730-20' W. a distance of 289.1 feet to a point, thence running N. 320 41' W. a distance of 400.3 feet to a point, thence running N. 240-53 W. a distance of 211.9 feet to a point, thence running N. 60-06' W. a distance of 592.9 feet to a point, thence running N. 90-38' W. a distance of 776.9 feet to a point, thence running N. 470-26' W. a distance of 231.5 feet to a point, thence running N. 540-08' W. a distance of 152.9 feet to a point, said point being on the westerly line of Buck Street, thence running S. 370-30' E. along said Westerly line of Buck Street a distance of 2337.3 feet to the point of beginning, said parcel containing 42.67acres or more less. Meaning and intending hereby to convey all of the property formerly known as "Maplewood Park" in said Bangor and now known a "Bass Park", all as described in the Will and Codicils of the late Joseph P. Bass, including herein the property formerly occupied by the Eastern Maine Medical. Association and commonly known as the Bangor Auditorium property. 00-15 BK708I PG3I S The purpose of this deed is to release the Grantee from all conditions applicable to said premises as described in the will, and codicils thereto, of the late Joseph P. Bass, said will and codicils having been approved and allowed in the Penobscot County Probate Court on April 29, 1919. Provided that, however, the above-described premises shall, as a condition of this conveyance, continue to be forever known as 'Bass Park." TO HAVE AND TO HOLD the above-described premises unto the City of Bangor, its successors and assigns, I, the said John M. Pierce as the successor in interest to Albert E. Bass, the residuary beneficiary under the will, and codicils thereto, of the late Joseph P. Bass, and to Elaine Bass Pierce, the residuary beneficiary under the will of Albert E. Bass, by virtue of a deed from Elaine Bass Pierce to the said John M. Pierce dated July 28, 1978, and recorded in Penobscot County Registry of Deeds at Book 2892, Page 328, do hereby covenant with the City of Bangor I have good right to release said interest to said Grantee. IN WITNESS WHEREOF, I, the said John M. Piece, have hereunto set my hand and seal this J'° day of TOi , 1999. SIGNED, SEALED AND DELIVERED IN THE PRESENCE OF 0 Witness STATE OF VERMONT Windsor, as. 9g -VF John eierce b)-&- , 1999 Personally appeared the above-named John M. Pierce and acknowledged the foregoing to be his free act and deed. CSE Before me, e SEAL Notary Public/Attorney-at-Law Printed Name: PE14OBSCOL $S RECEIVER C E- 11 J kSov� L. hQSUi S' 1999 JUN 18 P P Ib ,A� V &A., REGISTER NoTansferTax Paid gdw&)� - �oa0 W-15 BH 1081PG316 ReGBTti$—UE� KNOW ALL MEN BY THESE PRESENTS THAT I, JOHN M. PIERCE, of Woodstock, County of Windsor, State of Vermont, for consideration paid, the receipt of which is hereby acknowledged, hereby release to the CITY OF BANGOR, a municipal corporation located in the County of Penobscot, State of Maine, its successors and assigns, the following described parcel of land situate in said Bangor, Penobscot County, State of Maine, described as follows: Beginning at an iron bolt in the intersection of the generally northerly. line of Catell Street with the generally westerly line of Hubbard Street, thence, westerly on and by the said line of Catell Street four hundred twenty-two and four tenths (422.4) feet to an iron bolt; thence, at right angles and In a southwesterly direction one hundred and fifty (150) feet to an iron bolt in the northeasterly line of land now or formerly reed by the City of Bangor; thence northwesterly by and along said northeasterly line of the City of Bangor two thousand four hundred fifty-one and forty-four one hundredths (2451.44) feet to an iron bolt at the southwesterly c r of Cres Wont Development; thence at an interior angle of 890 03' and in a northeasterly direction eight hundred twenty-five and four one hundredths (825.04) feet to an iron bolt; thence at an interior angle of 910 14' and in a southeasterly direction seven hundred thirty-three and seventy-five one hundredths (733.75) feet to an iron bolt; thence at an Interior angle of 2680 44' and in a north- easterly direction five hundred four and eighty- five one hundredths (504.85) feet to ann bolt in the southwesterly side line of Buck Street; thence southeasterly on and by said side line one hundred sixteen arta ninety-five one hundredths (116.95) feet to a point; thence at right angles and in asouthwesterly direction by the line of Bass Park one hundred forty-two and six tenths (142.6) feet; thence deflecting to the left 60 42' and in a southwesterly direction by the line of Bass Park two hundred thirty-two and five one hundredths (232.05) feet; thence deflecting to the left 570 04' and in a southeasterly direction by the line of Bass Park seven hundred and seventy- seven (777) feet to a point; thence deflecting to the right 30 32' and in a southeasterly direction by the line of Bass Park five hundred ninety-three and five one hundredths (593.05) feet to a point; thence deflecting to the left 180 47' and in a southeasterly direction by the line of Bass Park two hundred eleven and eight tenths (211.8) feet to a point; thence deflecting to the left 70 38' and in a southeasterly direction by the line of