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HomeMy WebLinkAbout2006-06-26 06-249 ORDERDate: lune 26, 2006 item/Subject ORDER, AUNorizing the City Manager to Execute an Agreement for Transfer, Grant of Easement, and Development of 1313 Hammond Street-- Pine Grove Crematorium Responsible Department: Legal Commentary: Brookings —Smith of Bangor has an option to purchase a parcel of land abutting the Pine Grove Cemetery. They are buying the land for the purpose of building and operating a crematonum and greeting room for clients. Maine law proAdes that a crematorium may be in a cemetery that is at least 20 acres in sire and has been in existence and used for burials far at least two years prior to the construction of the crematorium. Pine Grove Cemetery meets Nose conditions. 6rookingsSmith is proposing to convey the property that they are purchasing to the City to became part of Fine Grove Cemetery. The City would Nen give them a perpetual easement for the purpose of owning and operating the crematorium. Brookings -Smith will be forming a non-profit to own and operate the crematorium. They will agree to make a payment in lieu of taxes to the City. If the lot ceases to be used for a crematorium the easement terminates and the lot Is conveyed back to Brookings Smith. The Agreement will require that Brookings -Smith submit the plans for the building to a council committee for review and approval, have a construction schedule and permitting schedule, and Invest a minimum of $300,000 in the project. Department Head Managers COmmerlLS: This has been reviewed and Is recommended by the Transportation and Infrastructure Committee. City Manager Assoriaterlinformation: Agreement for Transfer, Grant of Easement and Development Budget Approval: Final Director Legal Approval: G Solicitor X Passage _ First Reading Referral Page i of _ 06 240 J Assignedto Councitor Gvateck Sum 26. 2006 CITY OF BANGOR (MLE.) ORDER, Authorizing the City Manager to Execute an Agreement for Transfer, Grant of Easement, and Development of 1313 Hammond Street— Pine Grove Crematorium WHEREAS, Brookings -Smith owns and operates a funeral home in Bangor; and WHEREAS, Brookings -Smith has an option to acquire land abutting the City of Bangor's Pine Grove Cemetery on Hammond Street; and WHEREAS, Brookings -Smith desires to construct and operate a crematorium and greeting roan for clients on mid land; and WHEREAS, Maine law provides that crematoriums may be in cemeteries of at least twenty acres in size and in existence and used for burials for at least two years; and WHEREAS, Brookings -Smith proposes to convey the land to the City to become part of Pine Grave Cemetery, and that the City give Pine Grove Crematorium, a non-profit to be created by Brookings -Smith, a perpetual easement in and to the land to own and operate the crematorium; NOW, therefore, by the City Council of the City of Bangor, be it ORDERED, THAT the City Manager is hereby authorized W execute, in a form substantially the same as attached hereto, an Agreement for Transfer, Grant of Easement and Development of 1313 Hammond Street with Pine Grove Crematorium. Said Agreement shall be in a final form as approved by the City Solicitor or Assistant City Solicitor. IX CIT[ COUNCIL lose 26.2006 Notion Made and Seconded for FMssage Pan tT4 d a 06-269 (1PPLg.)Authotisin¢ CM Ci[9 1MoaSei to Execute au Ag[eem t for fransfet. Crest of a� Mwr of 1313 Homewood Streett - Plot Grove CleafCo[Iw AGREEMENT FOR TRANSFER GRANT OF EASEMENT, AND DEVELOPM$4 249 OF 1313 HAMMOND STREET THIS AGREEMENT is made this _ day of 2006, by and between the CITY OF BANGOR a murdripal corporation duly organized and existing under and by virtue of the laws of the State of Maine, and having its principal offices at 73 Harlow Street, Bangor, Maine (hereinafter "City"), and FINE GROVE CREMATORIUM (hereinafter "Developer), a non-profit corporation organized and existing under the laws of the State of Maine having a mailing address of 133 Center Stmt, Bangor, Maine 09401. _ WITNESSETH: WHEREAS, the developer is the contract owner of a certain parcel of real property located at 1313 Hammond Street, Bangor, Maine, being part of the property formerly, owned by Donald L. Don, Jr. and more particularly, described in Exhibit A to this Agreement and incorporated herein by reference (hereinafter "the Premises"); and WHEREAS, the developer wishes to construct and operate a community crematorium on the premiers as part of the Pine Grove Cemetery, owned and operated by the City; and WHEREAS, the City has detenNned that the developers construction and operation of a community crematorium and family room on the Premises as part of the Pine Grove Cemetery would best serve the interests of the citizens of the City; NOW, THEREFORE, in accordance with the mutual conditions and covenants contained herein, the parties agree as follows: SECTION A. TRANSFER OF THE PREMISES 1. Transfer. The Developer will convey the Premises to the City for one dollar ($1.00) and other valuable consideration subject to the terms and conditions set forth in this Agreement. a. Premises. The premises made subject to this agre ort consist of a certain parcel of real estate located at 1313 Hammond Street, Bangor, Maine, being part of the property formerly owned by Donald L. Derr, Jr. and more particularly described in Exhibit A to this Agreement and incorporated herein by reference. Developer reserves the right, however, to substitute a surveyor's description for that contained in the Exhibit, being substantially the same premises contemplated by this Agreement. �. U I. Form of Deed and Quality of Title. Developer shall deliver to the City a duly executed and acknowledged Quitclaim Deed conveying to the City good and merchantable title to the Premises, free of all encumbrances except for building use restrictions or conditions of record, zoning restrictions, segments and usual public utilities serving the Premises. The proposed form of the deed shall be in substantially the same form as attached hereto as Exhibit B. Developer reserves the right, however, to substitute a surveyor's description for that contained in the Exhibit, being substantially the same premises contemplated by this Agreement. c. Closing. The closing of the transfer contemplated by this Agreement shall take place at the offices of Eaton Peabody, 80 Exchange Street, Bangor, Maine upon satisfaction of all conditions precedent to the Developer's transfer of premises outlined in Section B of this Agreement. d. Possession. Possession of the Premises shall be delivered to the City at the time of the delivery of said deed. The Premises will than be in substantially the some condition as on the data of this Agreement. SECTION B. CONDITIONS PRECEDENT TO DEVELOPER'S CONVEYANCE OF PREMISES TO THB CITY Before the Developer's conveyance of the premises to the City, the following shall occur: 1. Zone Chane. Developer shall seek a rezoning of the Premises to amend the Land Development Code of the City of Bangm, Maine by reclassifying the Premiss from the Urban Industry District ("UID") to the Govenunent & Institutional Services District ("G&ISD"). 2. Evidence of Financing. Prior to conveying the property to the City, Developer shall provide the City with written, binding commitments, in a form satisfactory to the City's City Solicitor, from acceptable lending institutions, governmental agencies or other sources (including self -finning) for construction financing of improvements in accordance with Section D of this agreement of not leas thin Three Hundred Thousand Dollars ($ 300,000.00). 3. Construction Contract. Prior to conveying the property to the City, the Developer shall provide the City with a certificate executed by the Developer and his general contractor, certifying the existence of a contract or contracts 96 249 for construction of the new building to accordance with the provisions of Section D of this Agreement. SECTION C. GRANT OF EASEMENT Except as otherwise provided herein, simultaneous to the Developers conveyance of the premises to the City, the City shall grant the Developer an exclusive, transferable easement for the operation of a crematorium and family room on the premises in consideration of One Dollar ($1.W) and other valuable consideration, subject to the following conditions: 1. Grant of Easement The City shall grant and the Developer shall accept a transferable easement of the Premises to maintain and operate a crematorium, family room, and structures for the same, together with the right to install utilities on the premises. Said easement shall be in accordance with the terms and conditions of this Agreement. The proposed form of the deed shall be in substantially the same form as attached hereto as Exhibit C. Developer reserves the right, however, to substitute a surveyors description for that contained in the Exhibit, being substantially the same premises contemplated by this Agreement. 2. Premises. The premises made subject to this agreement consist of a certain panal of real estate located at 1313 Hammond Street, Bangor, Mahn, being part of the property formerly owned by Donald L. Door, Jr. and more particularly described m Exhibit A to this Agreement and incorporated herein by reference. SECTION D. CONDITIONS SUBSEQUENT TO THE CITYS GRANT OF AN EASEMENT TO THE DEVELOPEM Except as otherwise provided herein, the following express conditions, covenants, and restrictions shall be incorporated into the City's grant of an easement of the Premises to the Developer: 1. Submission of Plans. The Developer shall submit final plans for use of the Premises forreview and approval by the City. Developers plans submitted in accordance with this paragraph shall in all respects comply with all applicable Codes andOrdinanres of the City of Bangor, and in particular with the requirements of the City's land Development Code. 06 249 Plans shall additionally conform to and be submitted in accordance with the provisions of paragraph 2 of this Section, below. Approval of Plans. No construction shall occur without the prior submission and approval of plans and specifications. All plans will be submitted to the City Manager. All plans and revisions to plans shall be reviewed by City staff designated by the City Manager after which the City staff shall submit the plans along with their recommendations to the City Council Transportation & Infrastructure Committee. Said plans shall be reviewed and approved by the City Council Transportation & In rastructure Committee. Core the Committee approves the plans at one stage of the approval process, Developer shall be entitled to rely on that approval in developing plans and specifications for subsequent stages of the approval process. No plans shall be approved unless said plans have been prepared by a duly registered architect, as defined by Title 32 of the Maine Revised Statutes Annotated, unless otherwise accepted by the City. The following submissions shall be required: a. Plans for New Construction. The intent of the plans shall be to outline the general scope of development, and to convey to the City sufficient Fulmination to determine the character of the work to be performed. The plans shall contain: L Site Plan. The Site Plan shall be drawn to a scale of one (1) inch equals twenty (20) feet wherever practical. The Site Plan shall otherwise conform to the requirements of the City s Land Development Code. m Floor Plan. The scale of the floor plan shall be left to the discretion of the architect The plan shall show general room layouts and use, including entrances and exists. Dimensions may be approximate and the overall floor area for each floor shall be indicated. The elevation of each floor shall also be indicated. M. Elevations. A suitable aosssection of elevation drawing of the building shall be provided clearly indicating exterior faeade materials and colors to be used. b. Unstable for Approval of Plans for New Construction. No later than September 15, 2006, the Developer shall submit to the City Manager, final plane and related drawings, specifications, and documents in the form specified in Section A above. No later than October 15, 2006, the 06 249 Developer shall meet with the City Council Transportation & hdr vatructare Committee for approval of plans and related drawings, specifications, and documents th the form specified in Section A above. If the City Council Transportation & Infrastructure Committee deems revisions to the final plans to be necessary car appropriate, the plans most be so revised and submitted to the City Manager no later than November 15, 2006. No later thin December 1, 2006, the Developer shall meet with the City Council Transportation & Infrastructure Committee for approval of the revised plans and related drawings, specifications, and documents in the form specified in Section A above. No later than January 15, 2007, the Developer shall submit complete applications for all plan approvals requved by the City of Bangor for Site Plan Review. The Developer shall take all steps necessary to obtain local review and approval of the site plan no later than March 35, 2005. - 3. Amendment to Final Plans. If the Developer desires to make any substantial alterations in the final plans after their approval by the City Council Transportation & Infrastructure Committee, the Developer shall submit the proposed change in writing to the City Council Transportation & Infrastructure Committee for its approval. If the final plans, as modified by the proposed change, still conform to the requirements of Section A hereof, the City Council Transportation & Infrastructure Committee shall not unreasonably withhold approval of the proposed change. The City Council Transportation & Infrastructure Committee shall either approve or disapprove the proposed change within fourteen (14) days after its submission and notify the Developer of its decision. No final plan approval by the City Council Transportation & Infrastructure Committee shall override any requirements for the City of Bangor Planning Board.. 4. Construction progress Schedule. Developer shall submit an anticipated construction progress schedule to the City Manager no later than May 1, 2007. New construction approval by the City shall commence no later than June 1, 2007 and shall provide for completion of construction no later than May 31, 2006, provided that nothing herein shall be construed to extend limit or otherwise affect the time limits prescribed in any building permit or planning Board approval. S. Permit Requirement. Prior to completion of construction, Developer shall obtain, and shall provided satisfactory evidence thereof to the City, every permit, license, and governmental approval necessary for the commencement and completion of a community crematorium. 06 249 b. Minimum Investment The developer covenants that it construct a structure of not less than two thousand (2,000) square feet and that it will make a minimum direct development in the Premises of not less than Three Hundred Thousand Dollars ($300,000). Said development shall be in accordance with the terms and conditions of this Agreement. 7. Use Restrictions. The Developer agrees that the Easement shall contain express restrictions that the Premises and any inniumverneras which may become located thereon shall be used for the operation and maintenance of a crematorium and faMhy room and the same shall be used, constructed, developed, occupied and maintained m accordance with the laws, ordinances, or regulations of the State of Maine or the City of Bangor, as the same may be now or hereafter be in effect. In the event that the State or City government has law(s), ordinances, or regulations governing the same subject matter, Developer agrees that the Premises and any improvements which may be or may become located thereon shall be governed by the most restrictive of these law(s). B. Property, Taxes. The Developer shall make a payment in lieu of taxes ("P1kCM) equivalent to all personal and real property taxes that may otherwise be assessed upon the Premises or on Developer's property thereon, provided, however, that nothing in this Article shall in any way prohibit the Developer from exercising its rights under the law to contest the amount of such taxes, assessments, charges or fees. 9. Permit Approval Cont "m y. This Agreement is subject to Developer obtaining all required regulatory approvals for the operation and maintenance of a community crematorium. If, despite due diligence, the Developer is not able to obtain all regulatory approvals for such operation, this Agreement shall be void and of no further effect. In that event Developer shall give notice of non -approval to the City and City shall release its interest in the Premises back to the developer. 10. Certificate of Completion. Promptly after completion of the improvements in accordance with the provisions of this Agreement the City will furnish the Developer with an appropriate instrument so certifying, which instrument shag not be unreasonably wfthbeld. Such certification shall be m such form as will enable it to he recorded in the Penobscot County Registry of Deeds. The City's issuance of the Certificate of Completion will constitute conclusive proof of the satisfaction and termination of the express conditions, covenants and restrictions contained in this Agreement. 06 249 If the City sball refuse or fail to provide such certification, the City shall, within thirty (30) days after written request from the Developer, provide the Developer with a written statement indicating in adequate detail in what respects the Developer has failed to complete the improvements m accordance with the provisions of this Agreement and what measures will be necessary to obtain such certification - - SECTION E. MISCELLANEOUS 1. Noce. Any notice under this Agreement by either party to the other shall be sufficiently given or delivered if it is dispatched by registered or certified mail, postage prepaid, return receipt requested, or delivered personally, m the following addresses, or to such other addresses as the parties may designate in writing: If to the City: Edward A. Barrett City Manager City of Bangor 73Harlow Street Bangor, Maine 04401 With a Copy to: Norman S. Heitmmm, III, Esq. city Solicitor City of Bangor 73 Barlow Street Bangor, Maine 04401 If to the Developer: Gary Smithy President Pine Grove Crematorium 133 Center St. Bangor, Maine 04401 NAth a Copy M. P. Andrew Hamilton, Esq. EATON PEABODY P.O. Box 1210 Bangor, ME 04401 2. Severability. In the event any one or more of the provisions of this Agreement shall, for any reason, be held illegal or invalid, such illegality or invalidity shall not affect any other provision of this Agreement, and this Agreement shall be construed and enforced as if such illegal or invalid provision had not been contained herein. 06 249 3. Recording The parties agree that this Agreement shall not be recorded. Upon a request of either party, both parties shall execute, acknowledge, and deliver a Memorandum of Agreement, suitable for recording in place hereof. 4. Inteaation. This Agreement and all exhibits attached hereto and/or incorporated by reference cmatitutes the full understanding of the parties with respect to the subject matter hereof, and ay prior agreements o understandings of the parties, whether oral or written, with respect to this subject matter of this Agreement shall be void. 5. Amendments. This Agreement may be amended only with the written consent of all parties. 6. Countemarts. Me Agreement may be executed iu any number of counterparts, each of which, when so executed and delivered, stall be an crigital, but all such counterparts shall together constitute but one and the same Agreement IN WITNESS WHEREOF, the parties hereto have set their hands and seals as to the day that written above. CITY OF BANGOR By Edward A. Barnett Its City Manager Hereunto Duly Authorized Witness By Gary Smith Its President BxhsbitA 06 249 A certain lot or parcel of land situate in Bangor, Penobscot County, Maine, together with the improvements thereon, being more particularly bounded and described as follows: Beginning at the northwest corner of a certain lot or parcel of land now or formerly of Norman H. Martel and BerfiRe B. Martel, as described in the deed from J. Dominique Lachance and Ruth W. UChance, dated September 25,1994, and recorded in said Registry in Book 2493, Page 148, commonly known as Martel's Mobile Home Park thence easterly by and along the northern boundary of said Martel laud to the northeast coma of said Martel land and the westerly boundary of a certain dot or parcel of land commonly known as the Pine Grove Cemetery, as described in the deed to the City of Bangor, dated March 5,1853, and recorded in the Penobscot County Registry of Deeds in Book 232, Page 124, also being the generally southeast comer of a certain lot or parcel of land as described in the deed man Kathleen Oxley, personal representative of the Estate of Donald L. Don, to Donald L Doo, Jr., dated December 15, 2004, and recorded in the Penobscot County Registry of Deeds to Book 9693, Page 200, thence northerly by and along the westerly boundary of said Citty of Bangor land a distance of three hundred (300) feet to a point, thence westerly along a line that is parallel to and at all times three hundred (300) feet distant from the northerly boundary of said Martel laid to a point on a northerly extension of the westerly boundary of said Martel land, thence southerly by and along a northerly extension of the westerly boundary of said Martel land to the point of beginning. First Access Easement The foregoing premises are conveyed IDGETHER WITH a nonexclusive perpetual fight of way easement for all purposes, including the right to install utility s kcsa, and u eluding ingress and egress by pdestoans and vehicles, as appurtenant to the premises conveyed herein. The right of way easement shall be exercised over, across, through, and under the below-describedbelow-describedportion of cabin pre nises new or formerly of Donald L Don, Jr. described in the deed tram Kathleen Oxley, personal representative of the Estate of Donald L. Don, dated December 15, 2004, and recorded in the Penobscot County Registry of Deeds m Book %73, Page 200 (herehuker the "Darr Property/'). The portion of the Don Property subject to the right of way easement consists of a strip of land fifty (50) feet in width, being more particularly bounded and described as follows (which portion is hereinafter referred to as "Durr Easement Property"): 06 249 Beganing at the southeast comer of the Dorr Property, also being the northeast comer of a certain lot or parcel of land as described in the deed from Kathleen Oxley, personal representative of the Estate of Donald L. Don, to Barbara A. Kelley, dated December 15, 2004, and recorded in the Penobscot County Registry of Deeds in Book %73, Page 1%; thence northerly by and along the easterly boundary of the Dorr property, also being the westerly boundary of land now or formerly of Norman FL Martel and Bertille B. Martel, as described in the deed from J. Dominique IaChance and Ruth W. ]aChance, dated September 25, 1974, and recorded in said Registry in Book 24%, Page 149, and by and along the westerly boundary of the premises co weyed herein to a point making the northwest comer of the premises conveyed herein; thence westerly at a right angle to said westerly boundary of the premises conveyed herein a distance of fifty (50) feet to a point thence southerly by and along a this para➢el to and at all times fifty (50) feet distant from said westerly boundary of the premises conveyed herein and said Martel land to a point in the southerly boundary of the Dorr Property and the northerly boundary of said Kelley land; thence easterly by and along said Kelley land a distance of fifty (W) feet w the point of beginning. Said right of way easement includes the right to construct maintain, repair, replace and pave a road of sufficient width, grade and quality as may be required by the City of Bangor, the Maine Deparhnent of Transportation, or any other governmental body of competent jurisdiction, to access the premises conveyed herein, and the right to enter upon the Dort Easement Property with such men and equipment as shall be reasonably necessary to effectuate the foregoing. Said right of way easement further includes the right to freta[, mountain, repair, and replace such appurtenances as are reasonably required to provide utility services, including facilities necessary for the transmission of electricity, gas, telephone communications, cable television, sewerage, water on similar services which are currently or may in the future become available, which rights may be assigned lo whole or in part by Grantee to any public utility or public utilities providing such services. The foregoing easement rights may be assigned freely by Grantee and Grantee's uccessors and assigns, in whole or in part, without the consent of Grantor or Grantor's successors or assigns, which rights may then be exercised in common by Grantee and any such assignee or assignees of such rights. Second Access Easement The foregoing premises are conveyed TOGSIEiBR WITH a perpetual nonexclusive right of way easement for all Purposes, including the right to install utility services, and including ingress and egress by pedestrians and vehicles, as appurtenant to the premieres conveyed herein. The right of way easement shall be exercised over, under, through and across the following described portion of certain 06 249 premises now or formerly of Barbara A. Kelley described in the deed from KatNeen Oxley, personal representative of the Estate of Donald L. Dort, dated December 15, 2004, and recorded in the Penobscot County Registry of Deeds in Book 9693, Page 198 (which portion is hereinafter referred to as "Kelley Easement Property). The Kelley Easement Property consists of a strip of land sixtysic (66) feet in width, being more particularly bounded and described as follows: Beginning at the northeast comer of said premises now or formerly of Barbara A. Kelley described in said decd dated December 15, 2004, and recorded in said Registry in Book 9673, Page 198, also being the southeast comer of a certain lot or parcel of land as described m the deed from Kathleen Oxley, personal representative of the Estate of Donald L. Door, to Donald L. Dorm, Jr., dated December 15, 2004, and recorded in the Penobscot County Registry of Deeds in Book 9673, Page 200, thence southerly by and along the easterly boundary of said Kelley's land, also being the westerly boundary of land now or formerly of Nomnarh H. Martel and Bertille B. Martell, as described in the deed from J. Dominique Lachance et aL, dated Septernber M, 1974, and recorded in said Registry in Book 2493, Page 148, a distance of (—) feet, more or less, N the northerly side of Hammond Street, so-called, thence westerly by and along the northerly side of said Hammond Shell a distance of sixty-six (66) feet to a point thence northerly by and along a line parallel to and at all times sixty-six (66) feet distant from said easterly boundary of said Kelley's land to a point in the northerly boundary of said Kelley's land and the southerly boundary of said Dour land, thence easterly by and along said Don land a distance of sixty-six (66) feet to the point of beginning. Said right of way easement mdudes the right to construct, maintain, repair, replace and pave a road of sufficient width, grade and quality as maybe required by the City of Bangor, the Maine Deparhnent of Transportation, or any other governmental body of competent jurisdiction, to access the premises conveyed herein, and the right to enter upon the Kelley Easement Property with such man and equipment as shag be reasonably necessary to effectively the foregoing. Said right of way easement further includes the right to install, maintain, repair, and replace such appurtenances as are reasonably required to provide utility services, 'including facilities necessary for the transmission of electricity, gas, telephone communications, cable television, sewerage, water or similar servi es which are currently or may in the future become available, which rights may be assigned in whole or in part by Grantee many public utility or public utilities providing such services. The foregoing easement rights may be assigned freely by Grantee and Grantee's successor and assigns, in whole or in part, without the consent of Grantor or Grantor's 06 249 successors or assigns, which rights may then he exercised in common by Grantee and any such assignee or assignees of such rights. 12 06 249 Exhibit B QUITCLAIM DEED WITH COVENANT EWE GROVE CREMATORIUM, a non-profit corporation organized and existing under the laws of the State of Maine with a place of business in Bangor, Penobscot County, Maine, for consideration paid, grants to the CITY OF BANGOR, a urucipality organized under and by virtue of the laws of the State of Maine, of Bangor, Penobscot County, Maine whose mailing address is M Harlow Sheet, Bangor, Maine, with QUITCLAIM COVENANT, a certain let or parcel of land, together with any improvements thereon, situate in Bangor, Penobscot County, Maine, more particularly bounded and described in Exhibit 1 attached hereto and hereby incorporated by reference. The fee interest granted hereby shall continue to be vested in the City of Bangor for so long as the premises conveyed herein are need to construct, maintain, and operate a crematorium, family room, and any aradlary, structures, which use shall not be discontinued for more than one (1) year. In the event that the premises cease to be used as aforesaid and such discontinuance persists for mare thin one (1) year, the estate created hereby shall terminate automatically and title shall revert to Pine Grove Crematorium, ifs successors or assigns. Meaning and intending to convey, and there is hereby conveyed, the same premises as described in the deed from Brookings -Smith Funeral Home to Pine Grove Crematorium, dated and recorded in the Penobscot County Registry of Deeds in Book . Page IN WITNESS WHEREOF, Pine Grove Cranatorium has caused the foregoing instrument to be signed in its corporate wine and sealed by its undersigned officer, duly authorized, this_ day of 2006. Witness: (By) EKhibd- Do Not Sips Gary Smith Its President 06 249 STATE OF MAINE Penobscot County 2006 Personally appeared the above named Gary South President of Pine Grove Crematorium, and acknowledged before me the foregoing instrument to he his/her free act and deed in Lis/her said capacity and the free ad and deed of said corporation. Notary Public/Attorney at Law Print or type name as signed 06 249 Exhibit A certain lot or parcel of land situate in Bangor, Penobscot County, Maine, together with the improvements thereon, being more particularly bounded and described as follows: Beginning at the northwest comer of a certain lot or parcel of land now or formerly of Norman H. Mental and Berelle B. Martel, as described N the deed from J. Dominique Lachance and Ruth W. LaChame, dated September 25,1974, and recorded in said Registry in Book 2493, Page 148, commonly known as Mortara Mobile Home Park; thence easterly by and along the northern boundary of said Martel lath to the northeast comer of said Mute] land and the westerly boundary of a certain lot or parcel of land commonly known as the Pine Grove Cemetery, as described in the deed to the City of Bangor; dated March 5,1853, and recorded to the Penobscot County Registry of Deeds N Book 232, Page 124, also being the generally southeast comer of a certain lot or parcel of land as described in the deed from Kathleen Oxley, personal representative of the Estate of Donald L. Door, to Donald L Door, Jr., dated December 15, 2004, and recorded in the Penobscot County Registry of Deeds in Book 9673, Page 200; theme northerly by and along the westerly boundary of said City of Bangor land a distance of three hundred (300) feet to a point; thence westerly along a line that is pianist to and at all tames three hundred (300) feet distant from the northerly boundary of said Martel land to a point on a northerly extension of the westerly boundary of said Martel land; theme southerly by and along a northerly extension of the westerly boundary of said Martel land to the point of beginning. First Access Easement The foregoing premises are conveyed TOG� Willi a non-exclusive perpetual right of way easement for all purposes, including the right to instal] utility services, and including ingress and egress by pedestrians and vehicles, as appurtenant to the presume; conveyed herein. The right of way assonant shall be exercised over, across, through, and under the belowdescribedportion of certain premises now or formerly of Donald L. Door, Jr. described in the deed from Kathleen Oxley, personal representative of the Estate of Donald L. Door, dared December 15, 2004, and recorded in the Penobscot County Registry of Deeds in Book 9673, Page 700 (hereinafter the "Doer Property"). The portion of the Dour Property subject to the right of way easement consists of a strip of land fifty (50) feet in widttr, being more particularly bounded and described as follows (which portion is hereinafter referred to as "Darr Easement Property"): 06 249 Beginning at the southeast comer of the Dmr Property, also being the northeast comer of a certain lot or parcel of food as described w the deed from Kathleen Gxley, personal representative of the Estate of Donald L. Don, to Barbara A. Kelley, dated December 15, 2004, and recorded in the Penobscot County Registry of Deeds in Book 9673, Page 198; thence northerly, by and along the easterly boundary of the Don Property, also being the westerly boundary of land now or fomusly of Nomam H. Martel and Bertille B. Marcel, as described in the deed from J. Dombtique UChance and Ruth W. LaChance, dated September 25, 1994, and recorded in said Registry in Book 2493, Page 148, and by and along the westerly boundary of the premes conveyed herein to a point cracking the northwest carver of the premises conveyed herein; thence westerly at a right angle to said westerly boundary of the premises conveyed herein a distance of fifty (50) feet to a point thence southerly by and along a line parallel to and at all times fifty (50) feet distant from said westerly boundary of the premises conveyed herein and said Martel land b a point in the southerly boundary of the Don - Property and the northerly boundary of said Kelley land; thence easterly by and along said Kelley land a distance of fifty (50) feet to the point of beginning. Said right of way easement includes the right to construct, maintain, repair, replace and pave a road of sufficient width, grade and quality as maybe required by the City of Bangor, the Maine Department of Transportation, or any other governmental body of competent jurisdiction, to access the premises conveyed herein, and the right to enter upon the Dun Easement Property with such men and equipment as shah be reasonably necessary to effectuate the foregoing. Said right of way easement further includes the right to instal, maintain, repair, and replace such appurtenances as are reasonably required to provide utility services, including facilities necessary for the transmission of electricity, gas, telephone communications, cable television, sewerage, water or similar services which are currently or may in the future become available, which rights may be assigned in whole or in part by Grantee to any public utility or public utilities providing such services. The foregoing easement rights may be assigned freely by Grantee and Grantee's successors and assigns, in whole or in pact, without the consent of Grantor or Grantor's successors or assigns, which rights may then be exercised in common by Grantee and any such assignee or assignees of such rights. Second Access Easement. The foregoing premises are conveyed TG FrHER WITH a perpetual noir- exclusive right of way easement, for all purposes, including the right m install utility services, and including ingress and egress by pedestrians and vehicles, as appurtenant 0 the premises conveyed herein. The right of way easement shall be exercised over, under, through and across the following described portion of certain 06 249 premises now or formerly of Barbara A. Kelley described in the deed from Kathleen Oxley, personal representative of the Estate of Donald L. Dor, dated December 15, 2004, and recorded to the Penobscot County Registry of Deeds in Book %M, Page 198 (which portion is hereinafter referred to as "Kelley Basement Property"). The Kelley Easement Property consists of a strip of land sixty-six (66) feet in width, being more particularly bounded and described as follows: Beginning at the northeast comer of said premises now or formerly of Barbara A. Kelley described in said deed dated December 15, 2004, and recorded m said Registry in Book %73, Page 198, also being the southeast comer of a certain lot or parcel of land as described m the deed from Kathleen Oxley, personal representative of the Estate of Donald L Don, to Donald L. Durr, Jr., dated December 15, 2004, and recorded in the Penobscot County Registry of Deeds m Book 9673, Page 200, thence southerly by and along the easterly boundary of said Kelley's land, also being the westerly boundary of land now, or formerly of Norman H. Martel and gerbils B. Martell, as described in the deed from J. Domhdque Lachance at aL, dated September 25,1974, and recorded in said Registry in Book 2493, Page 148, a distance of �_) feet, more or less, to the nordarly side of Hammond Street, so-called, thence westerly by and along the northerly side of said Hammond Street a distance of sixty-six (66) feet to a point, thence northerly by and along a line parallel W and at all times sixtysix (66) feet distant from said easterly, boundary of said KeBey/s land to a point in the northerly boundary of said Kelley's land and the somberly boundary of said Dor land, thence easterly by and along said Darr land a distance of sixty-six (66) feet to the point of beginning. Said right of way easement includes the right to construct, maintain, repair, replace and pave a road of sufficient width, grade and quality as may be required by the City of Bangor, the Maine Department of Transportation, or any other governmental body of competent jurisdiction, to access the premises conveyed herein, and the right to enter upon the Kelley Easement Property with such men and equipment as shall be reasonably necessary to effectuate the foregoing. Said right of way easement further includes the right to install, maintain, repair and replace such appurtenances as are reasonably required to provide utility services, including facilities necessary fm the transmission of electricity, gas, telephone communications, cable television, sewerage, water or similar services which are currently or may in the future become available, which rights may be assigned m whole or in part by Grantee to any public utility or public utilities providing such services. The foregoing easement rights may be assigned freely by Grantee and Grantee's successors and assigns, m whole or in part, without the consent of Grantor or Grantor's 06 249 successors or assigns, which rights say then he exercised in common by Grantee and any such assignee or assignees of such rights. 06 299 Exhibit EASEMENT DEED The CITY OF BANGOR, a municipality organized under and by virtue of the laws of the State of Maine, of Bangor, Penobscot County, Means, grants to PINE GROVE CREMATORIUM, a non-proit corporation organized and existing under the laws of the State of Maine with a place of business in Bangor, Penobscot County, Maine, whose mailing address is 133 Center Street, Bangor, Maine, and its successors and assigns, a perpetual easement in gross to construct, maintain and operate a crematorium, family room, and any ancillary structures, including the right W install utility services, on a certain la or parcel of land as more particularly described in Exhibit A attached hereto and hereby incorporated by reference, being the same premises described in the deed from Pine Grove Crematorium to the City of Bangor of substantially even data herewith and to be recorded herewith in the Penobscot County Registry of Deeds (the "Premises"). Grantee shall be responsible for the maintenance of any improvements constructed on the Premises. First Access Easement: The easement rights granted herein me conveyed TOGETHER WITH a non-exclusive perpetual right of way easement for all purposes, including the right to install utility services, and including ingress and egress by pedestrians and vehicles, in connection with the use ot the Premises as contemplated herein. The right of way easement shah be exercised over, across, through and under the below -described portion of certain premises now car formerly of Donald L Don, Jr. described in the deed from Kathleen Oxley, personal representative of the Estate of Donald L. Dorr, dated Dooncber 15, MN, and recorded irn the Penobscot County Registry of Deeds th Book 9673, Page 200 (hereinafter the "Dorr Property'). The portion of the Don Property subject to the right of way easement consists of a strip of land fifty (50) feet in width, being more particularly bouMed and described as follows (which portion is hereinafter referred to as "Dorr Easement Property'): Beginning at the southeast comer of the Don Property, also being the northeast comer of a certain lot or parcel of land as described in the deed from Kathleen Oxley, personal representative of the Estate of Donald L. Don, to Barbara A. Kelley, dated December 15, 2004, and recorded in the Penobscot County Registry of Deeds in Book 9573, Page 198; thence northerly by and along the easterly boundary of tlu: Dos Property, also being the westerly boundary of land now or formerly of Norman H. Martel and Bertille B. Martel, as described in the deed from J. Dominique inChance and Ruth W. LaChmse, dated September 25, 1974, and recorded in said Registry in Book 2493, Page 148, and by and along the westerly boundary of 06 299 the premises conveyed herein to a point ranking the northwest comer of the premises conveyed herein; thence westerly at a right angle to said westerly, boundary of the peendses conveyed herein a distance of fifty (50) feet to a point, thence southerly by and along a line parallel to and at all times fifty (50) feet distant from said westerly boundary of the premises conveyed herein and said Martel land to a point in the southerly boundary of the Don Property and the northerly boundary, of said Kelley land; thence easterly, by and along said Kelley land a distance of fifty (50) feet to the point of beginning. Said right of way easement includes the right to construct maintain, repair, replace and pave a road of sufficient width, grade and quality as may be required by the City of Bangor, the Maine Department of Transportation, or any other governmental body of competent jurisdiction, to access the premises conveyed herein, and the right to enter upon the Don Easement Property with such man and equipment as shall be reasonably necessary to effectuate the foregoing. Said right of way easement further includes the right to install, maintain, repair, and replace such appurtenances as are reasonably, required to provide utility services, including facilities necessary for the transmission of electricity, gas, telephone communicators, cable television, sewerage, water or similar services which one currently or may in the future become available, which rights may be assigned in whole or in part by Grantee to any public utility or public utilities providing such services. The foregoing easement rights may be assigned freely by Grantee and Grantee's successors and assigns, in whole or in part without the consent of Grantor or Grantor's successors or assigns, which rights may then be exercised in common by Grantee and any such assignee or assignees of such rights. Second Access Easement The easement rights granted herein are conveyed TOGETHER WITH a perpetual ncne clu9ve right of way easement, for all purposes, including the right to install utility services, and including ingress and egress by pedestrians and vehicles, in connection with the use of the Premises as contemplated herein. The right of way easement shall be exercised over, under, duwgh and across the following described portion of certain premises now or formerly of Barbara A. Kelley described in the deed from Kathlem Oxley, personal representative of the Estate of Donald L. Door, dated December 15,2^ and recorded in the Penobscot County Registry of Deeds m Book 9673, Page 196 (which portion is hereinafter referred to as "Kelley Easement Property"). The Kelley Easement Property consists of a strip of land sixty-six (66) het in width, being more particularly bounded and described as follows: 06 249 Beginning at the northeast comer of said premises now or formerly of Barbara A. Kelley described in said deed dated December 15, 2004, and recorded m said Registry in Book 9673, Page 198, also being the southeast comer of a certain lot or parcel of land as described in the deed from Kathleen Oxley, personal representative of the Estate of Donald L. Doer, to Donald L Dom, Jr., dated December 15, 2004, and recorded in the Penobscot County Registry of Deeds in Book 9673, Page 200; thence southerly by and along the easterly boundary of said Kelley's land, also being the westerly boundary of land now or formerly of Norman H. Martel and Bertille B. Martell, as described in the deed from J. Dominique Lachance a al., dated September 25,1974, and recorded in said Registry in Book 2493, Page 148, a distance of (_) feet, more or less, to the northerly side of Hammond Street, so-called; thence westerly by and along the northerly side of said Hammond Street a distance of sixty-six (66) feet to a paint; Noce northerly by and along a line parallel to and at all times sixty -ox (66) feet distant from said easterly boundary of said Kelley's land to a point in the northerly boundary of said Kelley's land and the southerly boundary of said Doer land; thence easterly by and along said Don land a distance of sixtyslx (66) feet to the point of beginning. Said right of way easement includes the right to construct, maintain, repair, replace and pave a mad of sufficient width, grade and quality as may be required by the City of Bangor, the Maine Department of Tmesportatiom or any other governmental body of competent jurisdiction, to access the Remises, and the right to enter upon the Kelley Easement property with such men and equipment as shall be reasonably necessary to effectuate the foregoing. Said right of way easement further includes the right to install, maintain, repair, and replace such appurtenances as are reasonably required to provide utility services, including facilities necessary, for the transmission of electricity, gas, telephone communications, cable television, sewerage, water or similar services which are cnrrewy or may in the future become available, which rights may be assigned in whole or in part by Grantee to any public utility or public utilities providing such services. The foregoing easement rights may be assigned freely by Grantee and Grantee's successors and assigns, in whole or in part, without the consent of Grantor or Grantor's successors or assigns, which rights may than be exercised in common by Grantee and any such assignee or assignees of such rights. IN WETNESS WHEREOF, the City of Bangor has caused the foregoing instrument to he signed in its corporate name by Edward A. Barrett, its City Manager, duly authorized, Nis_ day of 2006. Witness: Cmov B,wco6 ibit - Do W Stn (By) Edward A. Barrett City Manager Hereunto Duly Authorized STATE OF MAPVE 06 249 Penobscot County 2006 Personally appeared the above named Edward A Barrett, City Manager of the City of Bangor, and acknowledged before me the foregoing instrument to be his free act and deed in his said capacity and the free act and deed of said body corporate. Notary PubEc/Aftomey at Law Print or type name as signed