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