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
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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.
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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-
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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