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HomeMy WebLinkAbout2005-12-12 06-034 ORDERItem N0. 09 034 Gate: 12-12-05 Item/Subject Order, Accepting Conveyanceof Property from Walden Parka, LLC— Portion of Former Veazie Railroad and Land Adjacent W the City Forest. Responsible Department: Engineering Commentary: Imr a number of moths, the City has been working with Walden Parke, LLC regarding cenveyance of land W the ON involving over a mile of the former Veazie Railroad bed and adjacent vacant and between the former railroad and the Cry Forest. The proposed conveyance to the Cry encompasses a total of about 39 acres and is an Important element in the Cry's overall open space and reveational objectives in this area. As the Counal is aware, we have long had interest In acquiring this property and had attempted to do so with the prior owner. Walden Parke, LLC Is developing the Edgewocd Subdivision off outer Essex Street and has agreed to convey this property to Me PN of Bangor In consideration of the required City construction Inspection services and other fees related to the subdivision, not to exceed $80,000.00. The first half of the subdivision has been completed and the value of Cry fees and services to data is $30,666.02 The attached Order will formally accept the conveyance from Walden Parke, LLC. Acopy of the proposed conveyance deed is attached. Department Head Manager's Comments: Recommend approval, as does the Transportation and Infrastructure Committee. City Manager Associated Information: Deed Budget Approval: �9�c AXc0.V/' cam Finance Director I MIi.N X Passage _ First Reading Page _ M_ Referral •_\ , Assigned to Councilor Gracmlck December 12, 2005 H ay CITY OF BANGOR 11,01, (TITLE.) Order, Accepting Conveyance of Property from Walden Parke, LLC. — Portion of Former Veazie Railroad and Land Adjacent to the City Forest. By[he City Council ofo%e rtyofBangor THAT, the conveyance of real estate from Walden Parke, LLC to the City of Bangor Consisting of a portion of the former Veazie Railroad bed and appwdmatdy 28 acres of vacant land between the Coy Forest and the former Veazie Railroad bed is hereby accepted. A copy of proposed Deed for the conveyance is attached. Seconded y 0( 0y5 0 R D R R �IIIIEV decepting Covveyance of Property [ W . LLC - Fortkaft of Former vean3.e Railroad and Lewd ddlacent to the rty areat Mgigood In Councilor ( HuIl t14 V 1 Vv 06 034 QUITCLAIM DEED WITH COVENANT Walden Parke, LLC, a limited liability company with a place of business in Bangor, County of Penobscot; State of Maine, as Gramm, for consideration paid, grants to the City of Bangor, a municipal corporation organized and existing amber the laws of the State of Maine, located a Bangor, Penobscot County, Maine,as Grantor, as Grantee, with Quitclaim Covenant land in Bengm, Penobscot County, Maine and mora particularly described as follows: a let or parcel of land in Bangor, Penobscot County, State of Maine described as follows All of those portions of lots 30, 32 and a strip twenty rods wide off the northerly end of lot numbered 22, as laid down on Rufus GiImmre's plan of the City of Bangor dated March 26,1842 and recorded in Volume 2, Page 4, Penobscot Registry of Deeds, lying southeasterly of that portion of the former "Vernon Railroad" right-of-way, so-called, extending across said lots 30, 32 and 22. Said'Teazie Railroad" right-oaway, being the same rigb of --way originally laid out by the Bangor and Piscataquis Canal and Rail Road Company prior to 1840, as shown on a plan for the layout and taking of said ralroad right-of-way on file in the Penobscot County Commissioners' office. The above-described parcel oflaid containing 28 acres, moreor less. Being apomon of the premises described in the Quitclaim Deed from Land Investment, frac. and Douglas Schmidt dated September 15, 2004 and recorded in Volume 9543, Page 234, Penobscot Registry of Deeds. Written Parke, LLC, as Granmr, further releases to the City of Bangor all of its right, title and interest in and to the following described right-of-way: That portion of the former "Vernon Ralmad" right-of-way, so-called, extending across lots 22, 30, 32, 33 and 34 as laid down on Rufus Gilmore's plan of the City of Bangor dated March 26, 1842 and recorded in Volume 2, Page 4, Penobscot Registry of Deeds. Said "Veazie Railroad" right-of-way being the same right-of-way originally laid out by the Bangor and Phcamquis Canal and Reil Road Company prior to 1840, as shown on a plan for the layout and taking of said railroad right-of-way on file in the Penobscot County Commissioners' office. The land released herein being a 66' wide ship of land approximately one mile in length extending from station 6 to station 18 as shown in said original plan for the layout ard taking of said railroad right-of-way. 06 034 Thisveyan made subject tothe following conditions and restrictions, which shall run with the land end be binding on Grantce, its abrasions or assigns: 1. The use of any herbicides on the property is prohibited, except for control of invasive plant species and only if alternative control measures are ineffective. 2.Useofthepropertystallbelimitedtorcer fionalpurposes, provided however, that Grantee may pamm a forestry management on said property. The former Veazie Railroad Bed shall not be used for aaess in conjunction with any timber harvesting activities. 3. No momrized vehicles other than snowmobiles shall be permitted on that portion of the Property that is the bed of the former Veazie Railroad, except however, emergency and maintenance vehicles are permitted to the extent neeessery. Snowmobile use shall be limited only to marked trail locations approved by the Grantee. 4. The Grantce recognizes that the Bangor Land Trust may hold interest in other property adjacent to the former Veanie Railroad Bed and agrees ro provide and manage public cess along said former Railroad Bed to facilitate access needs of Bangor Land Time Property. The foregoing conditions and restrictions shall inure to the benefit of, and be enforceable by, Walden Parke, LLC, its legal mpresentatives, successors or assigns. The failure of Walden Parke, LLC, its successors or assigns, to enforce any mail or restriction shall in no event be deemed a waiver of the right to do so thereafter as to the same breach or as to one attuning prior or subsequent thereto. The said Walden Parke, LLC has caused this instrument to be signed by Frederick A. Oldenburg, Jr., thereunto duly authorized, this day of 2005. SIGNED, SEALED AND DELIVERED IN TEE PRESENCE OF WALDEN PARKE, LLC (By) Name: Frederick A. Oldenburg, Jr. Member STATE OF MAINE PENOBSCOT, ss. 2005 Thenpersonally appeared the above-named Frederick A. Oldenburg, Jr. in his capacity as a Member of Walden Parke, LLC, and acknowledged the foregoing instrument to be bis free act mM deed in such capacity, and the free act and deed of the Limited Liability Company. Before me, Notary Public/Attorney-at-Law Printed Name: 06 034