HomeMy WebLinkAbout2005-12-12 06-035 ORDERItem No, Hyl,
Date: December 12 2005
Item/Subject: ORDER, Authorizing the City Manager Execute an Easement From the City
of Bangor W The Bangor Land Trust
Responsible Department Legal
The City of Bangor is receiving a parcel of land from Walden Parke, LLC which will include the
former "Veazie Railroad' right-of-way. The deed of conveyance to the City will contain certain
restrictions on the City's use of the right-of-way. The Bangor Land Trust will also receive land
abutting the former Name RailroadR right-of-way and has requested an easement from the City
to use the right-of—way. This Order will grant The Bangor Land Trust access across the right-of-
way in a manner consistent with the provisions of the deed of conveyance to be received by the
City and will include restriction on the City of its use of the right-of-way consistent with Nose
restrictions contained in the deed of conveyance to the City.
Department Head
Manage'mend
Manager's "Comts:
aLL ..ctuw fta Ine+o w/. ��i/kU-�&iulu ii_
City Manager
Associated Information: Easement
Finance Director
City Solicitor
ITuced for
Passage
_ First Reading Page j of e
Referral
�� AzsignedroCourrdlw D'Ealma December 12. 2005
CITY OF BANGOR
(MLE.) ORDER, Authorizing the City Manager to Exewte an Easement From Me
City of Bangor W The Bangor Land Trust
By the Ory Counci/ofthe Qty ofPamgon
ORDERED,
WHEREAS, The Bangor Land Trust is to acquire property that abuts property to be acquired by
the City of Sanger, end
WHEREAS, the former "Veazie Railroad" right-of-way on the property be be acquired by the
City of Bangor will abut the property to be acquired by The Bangor land Trust; and
WHEREAS, The Senior Land Trust has requested an easement from the City of Roman to use
the Sooner"Veazie Rah ad"rlght-of--way to provide access to the property to be acquired by
The Bangor Land Trust and limit City of Bangor use of the right-of-way in a manner consistent
with the deed conveying the righoof--way to the City of Burger.
NOW, THEREFORE, by the City Council of the City of Bangor, be it
ORDERED,
THAT the City Manager, on behalf of the City of Bangor, is hereby authorized and directed to
aecate an easement from the City of Bangor to The Bangor fund Trust provided that before
lune 1, 2006 The Bangor Land Trust acquires property abutting the former "Veazie Railroad"
right-of-way. Said comment shall be in a form substantially the same as stanched hereto and in a
final fora approved by the City Solicitor or Assistant City Solicitor.
IN CITY CMNCIL
Necemhet 12. 2005
Notion Made and Second
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# 06-035
1`1'1'x{,@)Authoriziog the Cite Naveger to
$�
an Easement e C ty o 6evgor
to the Bangor Land Trust t
Resigned W Councgol I f"
V ` r
06 035
EASEMENT
The City of Bangor, a municipal corporation, located N Penobscot County, Slate
of Maine, for consideration paid, the receipt of which is hereby acknowledged, grants to
the Bangor Land Trost, its successors and assigns forever, an easement consisting of the
right and privilege to enter over and across a portion of a parcel of land located in Bargain,
Mame described in a deed brom Walden Parke, LLC, a Maine limited liability company to
the City of Bought dated 2005 and recorded in Penobscot Registry of
I)eeds, Vol. , Page said easement mea being described as follows:
That portion of the former"Veave Railroad" right-of-way, so-called,
extending across lots 22, 30, 32, 33 and 34 as laid down on Rufus
Monte's plan of the City of Bangor dated March 26,1842 and recorded
in Volume 2, Page 4, Penobscot Registry of Deeds. Said"Veazte
Miciad" right-of-way being the same right-of-way originally laid out by
the Bangor aM Pisca nquis Canal and Rail Road Company prior to 1840,
as shown on aplan for the layout and taking of said railroad rlghtrof--way
on file in the Penobscot County Commissioners' office. Ibe land herein
being a 66' wide strip ofland approximately one mile in length extending - - - -
from smaon 6 w station 18 m shown m said origiunl plan for Ne layout
and taking of said railroad right-of-way.
The easement herein granted shall include the right to enter upon and cross the
above-described easement area for the limited purpose of access to abutting property of
Gfnee.
Provided however, that no motorized vehicles other than snowmobiles are
peradtted on the above-described connect area, and then only on such portions as are
marked trail locations designated by Grantor.
Grantor agrees the it shall not permit motorized vehicles other than snow mobiles
on the above-described easement area, and then only an such potions as are marked hail
locations designated by Grantor, and that it will not use the above-described easement
area for access in conjunction with any timber harvesting activity of Cantor.
Grantor fnrtha agrees that it stall not use herbicides on the above-described
easement area, except for counted of invasive plant species and only if no alternative
controt measures are effective.
Further provided that Grantee rights gmmm under this easement shall be subject
to all tams, conditions and restrictions contained in the deed from Waiden Parke, LLC, a
Maine limited liability company to the City ofBaagor dazed 2205 and
recorded in Penobscot Registry of Deeds, Vol. _, Page_
06 035
Grantee shop pursue good faith efforts to insure that its exercise of the rights
under the easement not interfere with Oration's or Grantor's successors and assigns
operation and use of the easement area.
For Grantor's source of title see deed from Walden Parke, LLC, a Maine limited
liability company to the City of Bangor dazed . 2005 and recorded in
Penobscot Registry of Deeds, Vol. _, Page_.
IN WITNESS WHEREOF, the City of Bangor has veil this Easement Deed to
be signed as an instrument under seal,thus daY of
2005.
Signed Sealed and Delivered CITY OF BANGOR
in the Presence of
Witness Edward A. Barren
City Manager
Sate of Maine
Penobscm, as. ,2005
Personally appeared the above -armed Edward A. Barren, City Manager and
acknowledged the foregoing instrument to be his/her Gee act and deed in his/her said
capacity, and the Gee act and dad of said corporation.
Beforeme
Noary Public/Attomey-m-Law
Printed Name:
My Commission Expires: