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HomeMy WebLinkAbout2004-03-22 04-101 ORDERItem Na, 04-101 Data: Marvin 22, 2004 Item/Subject ORDER, Authorrsing the City Manager to Accept a Deed from Family Tree Landscaping, Inc Responsible Deparbnent Legal Commentary: Family Tree landscaping, Inc., as part of wetland mediation, Is acquiring an 8.01 acre parcel of land subject to covenants and restrictions placed upon it by the Maine Deparbnent of Environmental Protection to keep the parcel in its natural and undeveloped condition and preserve tine conservation and recreation value of the parcel. This parcel abuts the City Forest, and the mitigation plan requires it to be transferred to City ownership. This matter has been reviewed several times by the Infrastructure Development and Support Committee, which recommends approval. Depattrnent Head Manageis Cerrrmente: Recammend approval. x q `�� /® (�/(/_ City MaoManager Associated Information: Property Description Legal Approval: City Solicitor x passage First Reading Page _;I_ of _ Referral 0c—I0I Assi@wdbC 11M Ne ley Narch zz, 2004 CITY OF BANGOR (TITLE.) ORDER, Autherizlr the City Manager to Accept a Deed from Family Tree LandacapmW Inc. WHEREAS, Family Tree Landscaping, Inc. is acquiring 8.01 acres, more or less, abutting the City Forest; and WHEREAS, said 8.01 acre parcel of land will be under a Declaration of Covenants and Restrictions limiting the use of said parcel of land; and WHEREAS, R is in the interest of the City of Bangor to acquire the said 8.01 acres to add the same to the City Forest; and WHEREAS, Family Tree Landscaping, Inc. will convey said 8.01 acres to the City of Bangor at no cost to the City. NOW, THEREFORE, by the City Council of the Oty of Bangor, be it ORDERED, THAT the Oty Manager, on behalf of the City of Bangor, Is hereby authorized and directed to accept a deed from Family Tree Landscaping, Inc. subject to a Declaration of Covenants and Resmctions. A description of the property and covenants and restrictions is attached hereto. I6 CITY CXHTRM March 22, 20" Passed c a q # 04-101 (TTTLEJ duttoriainC the City Manger to dccept a Deed from Family Tree Laodacaoinc. Inc. 0w 101 A certain parcel of land situated in the City ofBargor County of Penobscot, State of Maine, bounded and described as follows: Commencing at a pin on the southwesterly comer of land of Sunset Development, Inc., as described in deed recoNed in the Penobscot Courcy Registry of Deeds, Volume 8134, Page 289 and the southeasterly comer of land of the City of Bangor, as described in dead recorded in the Penobscot County Registry of Deeds, Volume 1397, Page 266, theatre N 46" 27' 53"E, by and along Iles northwesterly line of said Sunset Development, Inc., and the southeasterly line of said City ofBaagor, a distance of 553.51 feet to the true point of beginning; thence N 460 27' 53"E, by and along the northwesterly line of said Sunset Development, Inc., and the southeasterly line of said City ofBangoq a distance of 1214.29 feat, to apoint; thence S 4T 41' 28" E, through the land of said Sunset Development, Inc., a distance of 13 5.0 5 feet to a point; thence S 210 39' 36" W, through the land of said Sunset Development. Inc., a distance of 43911 feet to a point; thence S 44° 52' 52" W, Waugh the land of said Sunset Development, Inc., a distance of 742.6,1 feet, m a Point; thence N 57 12' 25" W, through the land of said Sursed Development. Inc., a distance of 349.83 feet, more or less, to the Point of beginning, The above-Imeribd parcel containing 8.01 acres, more or less. Meaning andmtendmg to convey a parcel of land labeled as "Wetland Mitigation Area", as depicted on plan entitled "Subdivision Plan in Bangor. Maine, Penobscot County, of Serenity Acres Phase II, Stillwater Avenue, as drawn for Sunset Development, Inc.", prepared by Down to Earth Professional Geed Services, revised December 3, 2003, also being a portion of land of Sunset Development, Inc., as described in deed recorded in the Penobscot County Registry ofDeds, Volume 8134, Page 289. Dimensions and monumentation referenced in the above-described parcel is husd on perimeter survey by Richand N. Perry, Jr., fund Surveyors. Co4-101 Bk 9275 Pm53 ?117ao 04-14-2004 6t 1193813L DECLARATION OF COVENANTS AND RESTRICTIONS TRIS DECLARATION OF COVENANTS AND RESTRICTIONS is made this 141° - day of April, 2004, by FAMTLY ]REE LANDSCAPING, INC., having a place of business at Burger, Penobscot County, Mown, (herein ager referred or as the "Declmam"), pmsuarR to Siete of Maine Department ofEnvirmmencol Protection Natural Resource protection Act Order pL21616-ME B -N, dated December 11, 2003 (hmevmfter refined to as the "Order"), relating to the preservation of or approximately & acre parcel of land m the Sunset Development Subdivision, in Bangor, Maine. RECITALS WHEREAS, the Declarant holds title to certain real property situated in Bangor, Maine described in a dead from Sunset DevelOPme r, Inc. to Family Tree Landscaping, Inc., dated AuJD4,2O4,mdaewmite Penobscot CountyRegistryofDeedsin Book WHEREAS,Declarantde eswplacecertaindeedcoven ,mderbetomsand conditions herein, over a portion of said real property (hereinafter referred to as the "Preservation Area's described as follows: - See attached Exhibit WHES EAS, pursuant to the Natural Resources PrOtectiOn ACn, Title 38 M.R.S.A. Seotim 480-A, et seq. and Chapter 310 of regulations promulgated by the Maine Deparmmt of Environmental Protection (the "Wetlands Protection Rules', and Section 404 of the Federal Clem Water Act as administered by the IIS -Army Corps of Engineers, (Ore "Corps") Declarant has agreed, in satisfwdm of paragraph 2 of the Permit Conditions, to impose c main covenants and monotone; on the Preservation Area as more particularly set forth herein and has agreed that such cavernous and agora meets may be enforced by the Maine Department of Environmental Protection (ImreirtaRer the "MDFF ), am he Corps, or any successor in interest. NOW THEREFORE, the Declarant hereby declares that the Preservation Area is and shall forever be held, transferred, se conveyed, occupied and maintained subject to the. tenements, conditions and restrictions set fork herein (sometimes referred to as the "Covenants and Restrictions") - The COvenants and Restrictions shall nm wib the Preservation Area many portion there of, by the acceptance of a deed of conveyance of all or part of ke Preservation Area Or any instrument conveying any hderest therein, whether by deed or imtrummt shall so express, shall be deemed to have accepted be Preservation Area subject to she Covenants and Restrictions aM shall agree to he hound by, to comply whir and be subject to each and every me of the Covenants and Restrictions hereinafter set £Orth. 1. purpose Of preservation Area b is the purpose of the Covenants and Restrictions to assure that be Covenant Area will be retained forever in its natural and undeveloped Bk 9278 Pw54 011780 mnWtion and to prevent any use of the Area that will significantly impart or interfere with the conservation and recreation values Of me area. 2. Restnction on Presamman Area.Unless the owner ofthe area or its suecessas or assigns, obtains the prior written approval of the MDU and the CORPS, (or any enamor thereof), the area shall remain in its natural undeveloped condition m perfamity. Activities within the area shall be confined to the use of me am for limited recreational and conservation purposes only consistent with the purpose of the Covenants; a no commercial, industrial, quarrying or mining activities; b, m structures or facilities of my kind whatsoever shall be constructed within the arm except£oot paths or similar low impact reamation activities designed inkeeping with the natural anemia and limited recreational qualities of the Preservation Area used the adjacent City Forest use; c. no soll, loam,peat, sand, gravel, com etq rock or ether mumal substance, refuse, trash, vehicle bodies or parts, rubbishy debris, junk waate, pollutants a other fill material will be placed, stored or dumped ma We mm and the surface waters contained thismoa; d nofillur&excavation, oralterations shall be made to the surface of the area oNer than that caused by the forces of nature, unless such ahampon is approved in alvarwe and in writing by the MU the CORPS However, wood chips may be used on paths or pails for the maintmmce of problem areas, while avoiding wetlands; e. no clearing or cutting of vegetation in the forest, except to remove safety bazards, is permitted m the Protection Area. Dead wood that is learting or fallen may be removed if it posocom a safety hazard along a path or nail. Footpaths, not W exceed six (6) feet w width as measured between tree trallo us permitted provided Wet a cleared Into of sight through wetland areas are not created; f, no ditches shall be du& and no damning of We area shall take place, and no pumping or my other removal of water shall occur on We Protection Area, nor shall the manipulation Or alteration Ofmtmal water courses or hydrology occur, g. no building, f ce, ufilitY Pole, or Other temporary or permanent sanctions will be constructed, Placed or permitted to remain on We Protection Area; Bk 9278 Pn55 e11780 L no trucks, cuts, din bikes, ATV's, bulldozers, back hoes, or other motorized vehicles or mechanical opiipment shall be permitted on the area except in emergency and when necessary to accomplish the intent of the Covenant and Restrictions. Any activity on or we of the Protccom Area inconsistent with the purpose of these Covemnts and Restrictions is prohibited. Print in undertdldng any changes in the use of the Protection Area, the Dcclarant, its successors and assigns, shall consult with the MDEP and the CORPS regarding the proposed changes to determine the effect of such changes on the conservation values of the Protection Area- The= and the CORPS shall have the right to approve such changes in use if such use does not impair or impose the conservation and limited recreational values of the area or the purpose of the Covenants and Restrictions. 3. Enforcement The MDEP and the CORPS may embrce any of the Covenants and Restrictions set forth in Section 2 above. Any Julius alterations of the Protection Area most receive the prior written approval of the BDEP and the CORPS. 4. Binding Effect The restrictions on fonh herein shall be binding on any present or future owner of the Protection Area. if the area is at my time owned by more than one property ovmer, each owner shall be bound by the foregoing restrictions, but only to the extent that my of the Protection Area is included within such owner's property. 5. Amendment. Any provision examined mRon Declimmon may be amended or revoked only by the recording of a written instrument or instruments specifying the arommament or the rvrvocation signed by the owner or owners of the Protection Area and by the MDEP and the CORPS, (or any successor thereto) 6. Efemve Provisions of Declaration. Each provision oftlris Declaration and any agreement, promise, covenant and wdertaldng tx comply with each provision ofdris Declabmon, shall be deemed a covenant amount with the land as a burden and upon the title to the Protection Ares. 7. Severability invalidity or unenforceability of any provision of this Declaration in whole or in part shall not affect the validity or enforceability of my other provision or any valid and enforceable part of a provision of this Declaration. 8, Governing ]Law. This Declaration shall be premed by and interpreted with the laws of the State of Maine and the Federal Environmental laws. FA YTREE SCAPIIJG, INC. Michael Falvey, Poesot BK 9278 Ps56 011780 STATE OF MAA2 - Penobscot se-."-"� 200 Persomlly appeared the above-named Michael Falvey, and acknowledged the foregoing instrument to be Itis free act and deed is his said capacity and the Gee act and deed of Family Tree Landscaping, Inc. Before me, NotaryPub S Print Name: fir Ya.fl.�• /.rvrvslWu�� ,F,,; - gp 9278 Pa57 411980 Exhibit A A certain paced of land situated in the Gty of Bangor, County of Penobscot, State of Maine, bounded and described as follows: I - Commencing at a pin on the somhwesonly comer of land of Some Development, Joe., as described in deed recorded in the Penobscot County Registry of Deeds, Volume 8134, Page 299 and the southeasterly comer of land of the City of Bangor, as described in deed recorded in the Penobscot County Registry of Deeds, Volume 1397, Page 266, theme 460 27' 53" E, by and along the northwesterly line of said Sunset Development, Inc., and the southeasterly line of said City of Bangor, a distance of 553.51 feet to the we point of beginning; thence 460 27' 53" E, by and along the northwesterly line of said Sunset Development, Inc., and the southeasterly line of said City ofBangm, a distance of 1214.29 feet, to a point; thence S 47 41' 28" E; through the lard of said Sunset Development, lnc., a distance of 155.05 feet to a point; thence S 21" 37' 36' W, through the land of said Sunset Development. Inc, a distance of 439.71 feet to a point; thence S 44° 52' 52" W, through the land of said Sunset Development, ma, a distance of 742.64 feet, to a point; thence N 57° 12' 25" W. through the land of said Sunsn Development. Inc., a distance of 349.83 feet, more or las, to the point of beginning The abovo-desmbed parcel contouring 9.01 acres, more or less. Meaning and intendingto couvey a panel of land labeled as "Wetland Mitigation Area", as depicted on plan entitled "Subdivision Plan in Bangor. Maine, Penobscot Comfy, of Serenity Acres Phase 11, Stillwater Avenue, as drawn for Sunset Development, Inc.", prepared by Down to Earth Professional lend Services, revised December 3, 2003, also being a portion of land of Sunset Development, Inc., as described in deed recorded in the Penobscot County Registry of Deeds, Volume 8134, Page 289. Dimensions and monumentation referenced in the above-described pound is based on perimeter survey by Richard N. Petry, Jr, I.and Surveyor:. 9_ 0x101 BK 9278 PS58 011781 04-14-2004 al 11,3812 QUIT -CLAIM DEED WITH CDVHHANT FAMILY TREE LANDSCAPING, INC., A Maine corporation having a place of business in Bangor, Penobscot County, Maine, for consideration paid grants to The City of Bangor, Penobscot County, Maine, with QUIT -CLAIM COVENANTS, a certain lot or parcel of land, situated in Bangor, Penobscot County, Maine, being more particularly described as follows; Commencing at a pin on the southwesterly comer of land of Sunset Development, Ihc., as described in deed recorded i the Penobscot County Registry of Deeds, Volume 8134, Page 289 and the southeasterly corner of land of the City of Bangor, as described in deed recorded in the Penobscot County Registry of Deeds, Volume 1397, Page 266, thence N 460 27' 53" E, by and along the northwesterly line of said Sunset Development, Inc., and the southeasterly line of said City of Bangor, a distance of 553.51 feet to the true point of beginning; thence N 461 27' 53" E, by and along the northwesterly line of said Sunset Development, Inc., and the southeasterly line of said City of Bangor, a distance of 1214.29 feet, to a point; thence S 471 41' 28" E, through the land of said Sunset Development, Inc., a distance of 135.05 feet to a point; thence S 210 37' 36" W, through land of said Sunset Development, Inc., a distance of 439.71 feet to a point; thence S 440 52' 52" W, through the land of said Sunset Development, Inc., a distance of 742.64 feet, to a point; thence N 57° 12' 25" W, through the land of said Sunset Development, Inc., a distance of 349.83 feet, more or less, to the point of beginning. Meaning and intending to convey a parcel of land labeled as "Wetland Mitigation Area", as depicted on plan entitled "Subdivision Plan in Bangor, Maine, Penobscot County, of Serenity Acres Phase II, Stillwater Avenue, as drawn for Sunset Development, Inc.", prepared by Down to Earth Profes- nal Land Services, revised December 3, 2003, also as being a portion of land of Sunset Development, Inc., a described in deed recorded in the Penobscot County Registry of Deeds, Volume 8134, Page 289. This conveyance is made expressly subject to the Declaration of Restrictive Covenants, Sunset Development, Inc., Bangor, Maine, dated May 10, 2002 and recorded in the Penobscot Registry of Deeds in Volume 8189,Page 43, and the Declaration of Covenants and Restrictions made April 14, 2004, by Family Tree Landscaping, Inc., to be recorded in said Registry. Bk 9278 Ps59 611781 This conveyance is also made expressly subject to a 25 -foot buffer strip as depicted on plan entitled ^Subdivision Plan in Bangor, Maine, Penobscot County, of Serenity Acres Phase 11, Stillwater Avenue, as drawn for sunset Development, Inc.", prepared by Down to Barth Professional Land Services, wised December 3, 2003 to be recorded in the Penobscot County Registry of Deeds. Dimensions and m numentation referenced in the above- described parcel is based on perimeter survey by Richard N. Perry, Sr., Land Surveyors. Together with all the privileges and appurtenances thereunto belonging. In witness whereof, Family Tree Landscaping, has -cased the foregoing instrument to be signed in its corporate name a d fp. sealed by its undersigned officer, duly authorized, this �(% day of April, 2004. w' F y - nd 9, Inc. Michael s. lv President PENOBSCOT, as. 2004 Then personally appeared the above-named Michael S. Falvey n his said capacity as President of Family Tree Landscaping, Inc. and acknowledged the foregoing i erm be his free act and seed. Before m N Public Attorney a Law JU Print or Type Name P:\Real]Quit.MF\7432 �ipB$COT LOUNIY. MAWS "Maine Real Estate - ! Transfer Ta Paid" *u