HomeMy WebLinkAbout2008-09-22 08-311 ORDERItem No, 08 37i
Dace: September 22, 2008
Item/Subject Order, Authorizing the City Manager to Execute a Declaration of Covenants
and Restrictions for the Preservation of Property at 1331 Essex Street
Responsible Department Planning
Commentary:
lean Strom Benson, owner of property at 1331 Flex Street, would like to enter into an
agreement with Me Qty m presence approximately 20.7 acres of her property as permanent
open space. The Covenants and Restrictions Imposed Mold satisfy requirements of her
subdivision approval for the Parcel, which is 66.36 acres in tptal. The agreement would require
the open space area be left in Its natural condition, with only limited conservation and recreation
uses allowed.
Staff recommends approval of MIs agreement.
Department Head
Manage sComments:
z iG
City Manager
Associated IrrformarbOn:
Budget Approval:
Rnance Director
Legal Approval:
CltySdidtor
Introduced for
Passage
�ReferralPirst fl TilC October 7 at 5:00 pm Page _of_
Awignmd to Councilor oraMck September 22, 2008
a. CITY OF BANGOR
(TITLE.) ORDER, Authorizing the City Manager to aecute a perforation of Covenants and
Restrictions for the Preservation of property at 1331 Pao. Street
By th City Cound/ of tde City of Hangon
ORDERED,
THAT the City Manager is hereby authorized, on behalf of the City of Bangor, to execute a
Declaration of Covenants and Restrictions providing for 20.7 acres owned by Jean Strom
Benson at 1331 Essex Streat to be preserved as permanent open space and used only for
limited conservation and recreation purposes, ail in a form acceptable to the City SUldtor or
Assistant City Solicitor.
Awignmd to Councilor oraMck September 22, 2008
a. CITY OF BANGOR
(TITLE.) ORDER, Authorizing the City Manager to aecute a perforation of Covenants and
Restrictions for the Preservation of property at 1331 Pao. Street
By th City Cound/ of tde City of Hangon
ORDERED,
THAT the City Manager is hereby authorized, on behalf of the City of Bangor, to execute a
Declaration of Covenants and Restrictions providing for 20.7 acres owned by Jean Strom
Benson at 1331 Essex Streat to be preserved as permanent open space and used only for
limited conservation and recreation purposes, ail in a form acceptable to the City SUldtor or
Assistant City Solicitor.
IN cin COMM
September 22. 2008
First ae 1a a Referred
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CITY
w cin COMM
October 13. 2000
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DECLARATION OF COVENANTS AND RESTRICTIONS
THIS DECLARATION OF COVENANTS AND RESTRICTIONS is made this 28 day of
August 2008, by BEAN STROM BENSON, having properly in Bangor, Penobscot County,
Maine (herein referred to as the "DeclamnY), pursuant to City of Bangor Subdivision Approval
(1 dated November 6, 2009, relating W preservation of an approximately 20.7 were, parcel of land in
I� the John Andrew Benson & Jean Strom Benson Subdivision Plan, 1331 Essex Street, City of
O Bangor, Penobscot County, Maine, recorded in the Penobscot County Registry of Deeds,
Volume 8904, Page 325.
UVJ RECITALS
WHEREAS, the Declarent holds tide to approximately 66.36 acres of land situated in Burger,
Penobscot County, Maine described in a deed from Into Strom Benson W Jean Strom Benson
and Andrew Beason, dated August 7, 2003, recorded in Book 8904, Page 325 at the Penobscot
Cowry RegistryofDeeds;
WHEREAS, the Declarant desires to place certain deed revenants, under the toms and
conditions herein, over a portion of said real property (hereinafter referred to as the'Perrnanent
Open Space") more particularly described on Exhibit A attached hereto and incorporated herein
by reference; and
WHEREAS, pursuant to the Code of the City of Bangor Chapter 165-128H, Declarant has
agreed, in satisfaction of the Subdivision Approval, 10 impose amount covenants and restrictions
On the Permanent OPen Space as more particularly set forth herein and has agreed that such
covenants and agreements may be enforced by the City of Bangor or any successor in interest;
and
NOW, THEREFORE, the Declarant hereby declares that Ne Permanent Open Space is and shall
forever be held, transferred, sold, conveyed, occupied and maintained subject W the reversals,
conditions and restrictions set truth herein (sometimes referred to as the "Covenants and
Restrictions"). The Cavernous and Restrictions shall rum with the Permanent Open Space and
shall be bbWlag on all parties having any right, title and interest in and W the Pammnent Open
Space, or any portion thereof, and their helm, perso al representatives, successors, and assigns.
Any present or future owner or occupant of the Permanent Open Space or any portion thereof, by
the acceptance of a deed of conveyance of all or part of the Permanent Open Space or an
instrument conveying any interest therein, whether or not the deed or instrument shall so express,
shall be deemed to have accepted the Permanent Open Space subject to the CovernoW and
Restrictions and shall agree W be bound by, to comply with and to be subject W each and every
one of the Covenants and Restrictions hereinafter ad forth.
I. Puroose of the Covenants and Restrictions his thepmposeofthe Covenants and
Restrictions to assute that the Permanent Open Space will be retairmd forever in as mbnal
and undeveloped condition, and W prevent any use of the Permanent Open Space that would
significantly impair or interfere with the conservation and limited recreation values of the
Permanent Open Space. -
2. Restrietioos on the Permanent Open Space Unless the owner of the Permanent Open Space,
or its successors or assigns, obtains the prior written approval of the City of Bangor (or any
successor thereof), the Per nmrent Open Space shall remain undeveloped in perpetuity.
Activities within the Permanent Open Space shall be confined f the use of the Permanent
Open Space for conservation and limited recreational purposes consistent with the purpose of
the Covenants and Iteshietions; in particular,
a. no commercial, industrial, quarrying, or mining activities shall be allowed, except that
trees cut for forest management and wildlife habitat management purposes may be said;
b. no temporary or permanent storerooms, buildings, utility poles, or facilities of any kind
whatsoever shall be constructed, placed, or permitted to remain within the Permanent
Open Space, except for temporary winter mads and skid trails as necessary to exercise
permitted forestry, footpaths, mark, benches, bird blinds and other wildlife observation
stations, mstic observation towers, low bridges, steps, bog bridges, water bars,
boardwalks, rustic trail improvements, trail and boundary, mothers, platforms and railings,
unlighted educational signs and kiosks, study markers and gids, gates, barriers, or low
fences to control unauthorized use, and similar low-impact recreational improvements
designed in keeping with the reduced scenic and limited recreational qualities Of the
Pemmnent Upon Space and the adjacent Perhijawne Marsh;
c. footpaths shall be subject to approval by the City of Bangor and located and designed in a
mounter m prevent and erosion and prevent damage to fragile plant communities and
wildlife habitat;
I no and, loam, peat, sand, gavel, concrete, tock or other mineral substance, refuse, trash,
vehicle bodies or parts, rubbish, debris, jot k, waste, pollutants or other fill material will
be placed, stored or dumped on the Permanent Open Space and the surface waters
contained thereon, excepting only that pathways and hails may be protected or hardened
with materials chosen to minimize erosion, s ormueder runoff, and damage to soils;
e. the topography of the Permanent Open Space shall not be altered or manipulated inany
way, including but not limited to filling, excavation and other forms of alteration, other
than that caused by the forces of nature, unless such alteration is approved in advance by
the City of Bangor, such approval not to be unreasonably withheld for limited excavation
for ecological, education, scientific research, and archaeological purposes conducted
order then current generally accepted professional standards and without adverse impact
to the conservation values of the property;
f. no trees, gasses, shrubs, vines, or other vegetation shall be cum destroyed, or sprayed
with biocides, except that
i. De minhnis Flora collection shall be allowed, and dead wood which is leading or
fallen and other potentially hazardous vegetation may be removed if it presents a
safety heard along apath or nail, and clearing will be allowed for the creation or
maintenance of any path or trail of six (6) feet in width or less as measured
between tree trunks provided that a cleared line of sight through the Permanent
Open Space is not thereby created;
i. if approved in advance in writing by the City of Bangor, vegetation may be
altered or removed pursuant to a wildlife and forestry management plan to
enhance healthy forest succession, to create and maintain open areas or grassland
in enhance wildlife babies, to reduce the threat of fire, or to control or prevent the
spread of disease;
g. no ditches shall be dug, no draining of the Permanent Open Sp_se shah take place, and no
pumping or any other removal ofwater shall occur on the Permanent Open Space, nor
shall the manipulation or alteration ofrotural water courses or hydrology occur;
It. no tucks, cars, dirt bikes, ATVs, buildours, backhoes, or other motorized vehicles shop
be permitted on the Permanent Open Spica except in an emergency, when necessary to
accomplish the intent of the Covenants and Restictlons, or when necessary to
accomplish vegetation management activities permitted in Subsection fl, or fii.
Any activity on or use of the Permanent Open Space inconsistent with the purpose of these
Covenants and Restrictions is prohibited. Prior m undertaking any changes in the use of the
Permmrent Open Space, the Declarant, its successors and assigns, shall consult with tin City
of Bangor regarding the proposed changes to determine the effect of such changes on the
conservation and Gaited recreation values of the Permanent Open Space. The City of
Bangor shall have the right to approve such changes in use if such uses do not impair or
impede the conservation and limited recreational values of the Permanent Open Space or the
purpose of the Covenants and Resfricatch.
3. Recreational Use. Declarant may, in its sole discretion, permit the Permanent Open Space to
be used for "low impact, outdoor recreation and study," which phrase, for purposes of this
Declaration, shall he defined as dispersed, noncommeaisl, outdoor activities that do rot rely
on buildings or spectator facilities; and do not adversely impact the conservation and limited
recreation values to be protected hereby. Examples of such activities may include hutting,
fshing and tapping, hiking, bird watching, picnicking, cross county skiing, snow shoeing,
bicycling, horseback riding, scientific and archeological research and observation, but do not
include motorized vehicular use. Decisions may post signage prohibiting any of such uses.
4. Enforcement. The City of Bangor may enforce any of the Covenants and Restrictions set
forth in Section 2 above. Any from alterations of the Permanent Open Space must be
consistent with the purpose anti intent of this document and most receive prior approval in
writing from the City of Bangor.
5. Bindime Effect The restrictions setforth herein shall bebindingonany presentorfuture
owner of the Permanent Open Space. Ifthe Performed Open Space is 9 any time owned by
ore than one owner, each owner shall be bound by the foregoing restrictions, but only to the
extent that any of the Permanent Open Space is included within such owner's property.
b. Amendment. Any provision contained in this Dedication may be amended or revoked only
by the recording of written instrument or instruments specifying the amendment or the
revocation signed by the owner or owners of the Permanent Open Space and by the City of
Bangor(or say successor thereto).
7. Effective jLovisions ofDeclstadon. Each provision bfthis Declaration, mad any agreement,
promise, covenant and undertaking to oompw wiU each provision of this Declaration, shall
Is
e deemed a covenant running with the land as a burden and upon the title to the Permanent
Open Space,
8. Sev b'1'ty. Invalidity or unedforcaabtity of any provision of this Declaration, in whole or
in part, shall not splicer the validity or enforceability of any other provision or any valid and
enforceable pan of a provision of this Declaration.
9. Governing Lew. ]Tis Declaration shall be governed by and interpreted in accordance with
the laws of the State of Maine.
[Signatures and acknowledgments me on following pages.]
WITNESS our hands and seals Ws 28 day of August, 2008.
WITNESS: JEAN STROM SON
Lean Strdm Benson
STATEOF in�lt
COUNTY OF Pe. A,. i as. 2008
On this 28 day of August, 2008 before me, the undersigned notary public, personally
appeared JEAN STROM BENSON, proved to me through satisfactory evidence of identification
to be the person wbose time is signed on the preceding or attached instrument, and
acknowledged] to me that said instrument is her fine act and deed.
Na azp abbe
My commission expires:
NORMAN S. HEITMANN, III
NOTARY PUBLIC- MAINE
MY 0OMM1moH EXPIRES JANBARY 31, nil
The right to enforce this Declaration is hereby accepted and agreed to this dayof
2008.
CITY OF BANGOR
WITNESS
ITS: :
STATE OF MAINE
MIdNTY OF PENOBSCOT, as _
On this dayof 2008 before are, the undersignai notary public,
Personally appeared (Dema), (title) ofthe City of
Bangor, proved to me tbrough satisfactory evidence of identification to be the person whose
name is signed oa the preceding or attached mstrmvent, and aclmowledged to be teat said
instrument is the five act and deed of said body corporate and his free act road deal un said
capacity.
Notary Public
Property Description
Conservation Easement
n the
Benson Property
Essex Street � Bangor, Maine
A ascan lot or Parcel of sd situate w toe City of Bangor, Corso ofPesexct, State of More, more
parboalarly drao^Ted as allows:
begwasp at an ace bolt marling Use emnly-nest comer of land decubol in a ted to
Wino, recorded w Pmdwwl Rets" ofbass utBook 2247. Page 202, hews als, w
U y,rces, 02 muco, 45 taoMS West a Nstaree of 161.8 feel;
thence, NOM IJ depcs, 13 minute, 10 secods West a dannos of201.7 keG
thx North 15 deers, 54 minute, 10 exerts Past a tintatoe of 319.3 fes;
thong Noah 88 degas, 25 muwte, 50 s eOnds East a distance of 566 fNt;
thence, SOuds 31 degrees, 10 minutes, W secure fist a Nstaree of 294.4 fet;
those, North 71 degrees, 48 nunuta, W scents Past a distance of 455.5 fat;
three, Not 11 degrees, 49 tattoos, 50 swots West a distance of 926.1 fat;
tissues, South 67 degrees, 27 minute, 30 secods Ent a distance of 1430.2 feel to on iron red
set at the eatuly-mast comer of the promise dembel in the said deed to Strom receded as
afo sen in Book 3151, Page 184; thenre, along be xerherly lee of said land ofStmm, Starts
62 depose, 14 noses, 00 scrota Wet, a ratane of 1802,0 fct mthe point ofbe8umeg
enclosw620.7 atter.
The walon tis bed porter of lad to dedicatW as"Petnawent Open Space" in acodzve svm the
requirements of she Bangor Lad Developmmt Code Seton 165.108.1, ad is depcted w a Plan
rcoded in the Penobscot Registry of Deis as. Map Pile 2008-180.
Bearing rekreacd hmin are owned Cord Nods, Mavis Slate Coordinate Systm of 1927, Bast Zone
as dearruncd by PGsga & Day. Lard Soveyers.
For the Combat's souse of the comes is made to the dcil of Jose Strom Boom t0 John A. Peace
W lean Strom Benson. dated Ingest 7, 2003, record to Powlexet Cowry Registry of Dem, Book
8904, Page 325,
P 2169
Sryc 9,2008
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