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HomeMy WebLinkAbout2002-05-29 02-228 ORDERItem N, 02-228 Data: May 29, 2002 Item/SubjeQ: ORDER, Authorizing the Execution of a Letter of Intent for the Cdy of ganger to be the Owner of a Conservation Easement and Grantee of a Deed Responsible Department: Legal Commentary: By Council Resolve 01-189, dated April 23, 2001, the City Council stated the City's intent for access to public property In the Penjajawoc marsh and stream area and for preservation of the area. This Order will authorize Me City Manager to execute a Letter of Intent stating that the City Is Willing W accept ownership of a conservation easement and be the grantee of a deed with a right-of-way and to accept both doouments. Widewaters Stillwater Company, LLC and Marion and Jeanne Roomed have entered into an agreement wherein Marian and Jeanne Rudmckl will place a certain potion of their property on the Gilman Road under a conservation easement. The effect of the easement will be to prevent any development of that parcel of land. Widewaters Stillwater Company, LLC and Me Estate of Irene L. Averill have entered into an agreement wherein the Estate will deed a one acre parcel abutting Me Bangor-Veazle Railroad bed with a right-of-way to access the parcel. Wldewate s Stillwater Company, LLC has asked Me City to be the holder of the ornservation easement and the grantee of the deed and light -of -way. City comership of the one acre parcel and right- of-way will allow the City to provide public access to the Penjajawoc Marsh and the Bangor-Veazie Railroad. R Is expected that the conservation easement and deed would be executed and delivered to the City M Widewaters Whoa ler Company, LLC receNes Bureau of Environmental Protection approval of its pmjAi. Department Head Managees Comments: City Manager Associated Information: Letter of Intent, Easement, and Deed Finance Director Legal Approval: City Solictor _ Passage _ First Reading Page—of— Referral age_of_Referral 02-228 Tl�,i�Rt AnigndmCcuncilor gnywau May 29, 2002 CITY OF BANGOR (TITLE.) ORDER, Authorizing the Execution of a Letter of Intent for the City of Bangor to be the Owner of a Conservation Easement and Grantee of a Deed By Me CRY Cb%wof of tne CRY ofBargor. ORDERED, WHEREAS, Widewaters Stillwater Company, LLC and Marion and Jeanne Rudnicki have entered into an agreement wherein Marion and Jeanne Rudnicki will place a certain portion of their property on the Gilman Road under a conservation easement; and WHEREAS, Widewaters Stillwater Company, LLC and Kenneth B. Averill, Personal Representative of the Estate of Irene L. Averill, have entered into an agreement wherein the Estate of Irene L. Averill has agreed to convey a right-of-way and one acre of land to Widewaters Stillwater Company, LLC; and WHEREAS, Widewaters Stillwater Company, LLC wishes for the City of Bangor to be the holder of the conservation easement, the holder of the right-of-way and the owner of the one acre parcel; and WHEREAS, the conservation easement and deed Is consistent with the City of Bangor's intentions regarding preservation of and public access to the Penjajawoc marsh and stream area as stated in Council Resolve 01-189; and WHEREAS, the right-of-way and deed will enable the City of Bangor to provide public access to the Penjajawoc Marsh and Bangor-Veazie Railroad recreation trail. NOW, THEREFORE, By the City Council of the City of Bangor, be it ORDERED, THAT the City Manager is hereby authorized and directed, on behalf of the Gty of Bangor, to execute a Letter of Intent in substantially the same form as attached hereto, the final form to be approved by the City Solicitor or Assistant City Solicitor, and to accept, on behalf of the City of Bangor, the conservation easement and deed in substantially the same form as attached hereto, the final form to be approved by the City Solicitor or Assistant City Solicitor. IA CITY COOPCIL Nay 29, 2002 Motion Made and S"Coeded # 02-228 for Passage Yasa¢d n e n o (TITLE,) dntmriaing tun P3ecocion of a Letter o Intent or t C ty 0 to be the Omen of a Coneervatfon Assigned to Co/un�cilar?122 P4 02-228 May 30, 2002 Kevin Kane, Development Manager Widewaters Stillwater Company, LLC 5786 Wideweters Pmkway DeWitt, New York 13214 Re: Rudmicld to City of Bangor conservation easement Averill to City ofBmgor deed with easement Dear Mr. Kane: Widewazaa Stillwater Company, LLC has requested that the City be the holder of a conservation easement from Marion and Jeanne Rudidod to the City OfBevgor and gramee of a deed with easement from Kenneth B. Averill, Personal Repmentative of the Estate Of Ionic L. Averill to the City of Bangor The City Council of the City of Bangor has voted to enthorito the issoance of this letter of intent to confirm thet the City of Bangor is waling to be the holder of a conservation easement and the grantee of deed, said easernent and deed to be substantially the in the same forms as attached hereto. I enclose a copy of the City Council Order. Sincerely, Norman S. Monson, III City Solicitor n2-228 Schedule Deed of Sale by Personal Representative Kenneth B. Averill, of Orono, County of PmobumS State Of Maine, Personal Repreaeatavve of me Estate of have L Averill, Ire of Bangor, of said County and Sme, a, shown by the records of the Penobscot County Probate Court, Docker No. � end having given the ren (10) days notice to each person succeeding an an interest is the real properry described below at least On (10) days prior to sale, by the power covferzed by the Meme Probate Code, and every other power, fm consideration paid, grants to Wldewatee Stillwater Company, LLC., a dWy existing frreiun Limited ComparrY with its place of business at Dewitt, County of Onondaga, Sete of New York, whose mailing address is 5796 Widewatets Parkway, P.O. Box 3, Dewin, New Yoh 132144H003, the Fee Parcel (as defined below) and Pasemmm (as defined below) in Bangor, County of Pewbscot, Store of Maine. The Fee Parcel is bounded and described in Exhibit A attached hereto start incorporated herein. This conveyance is subject to a condition subsepa m. Averill, its heirs, successors and assigns, shall he a right of rectory for condition broken. if Widewa ers, its, successors, assigns and invitees (i eluding the genual public) shall use or pemdt or ruder rhe Fee Parcel to be used, for my purpose other than recreation sod access to the Bangor-Veasie railroad recessional trail, the Penjajawoc Stream and bog (collectively the 'Rnvironmmml Areae,), and for other similar recreational =a by Widewaters, its successors, assigns and invitees. No structure, no facilives or development shall be allowed anthe Fee Parcel without the written permission of Averill, its heirs, successors and assigns. There is also conveyed by Averill, its heirs, successore and assigns, to Widewaters, its successors and saigna as appointment to the Fee Parcel (arW not subject to further division or trander «sept ce appurtenant to the Fee Parcel). Two Easements (Eeamnem 1 and Easement 2, Exhibits B and C, respectively) subject to underlying restrains previously granted by Lane L. Averill to others. Easement t is located an Easement Area I as described in Exhibit B attached harem and incorporated herein and is fen foot and pedestrian traffic and for maintenance and emergmry vehicle arouse to the Fee Parcel. Easement 2 is located an Easement Area 2 as described in Exhibit C attached hereto road incorporated herein and is for foot and pedestrian traffic, maintenance end e n urgency vehicle access, and vehicle access an Parking. The Ememmm granted herein are subject to the same right of remtty as die Fee Parcel granted above, and are subject to the following additional caaditions: 1. By separate Escraw Agreement, Averill red Widewaers have established a mechanism for upgrading the cabling bridge on the Easement crossing over the Penjajawoc Stem. The patties agree that Thirty Thousand mW 00/100 Dollars ($30,000.00) shall be deposited in an Escrow Account by Averill's attorney to be used for 02-228 the sole purpose of upgrading said bridge in a manner mutually acceptable to the parries. Once such funds have been expended, either Averill orWid maters, their respective heirs, vccessos and asaignq shall havethe sight, but Out the obfigarion, to further upgrade said bridge ar that parties own expense. 2. Whhnsaws, its successors and assigns, shall have the rlgh; but not tim obligation, to comment the Raaemmt Arra 3 (including without limitation, the bridge) for the access and purposes established batch without my contribution from Avenll, its heirs, successors and assigns, provided, however, that if Averill, its heirs, successors and assigns should banisher elect to sell or develop any of the concerning land nmrthwestedy of the Penjajawoc Stevens, then Averill, its hens, successors and assigns, reserves to right to wider, upgrade, develop, and/or pave the Easement Area 3 or any portion of it, and upon swb event, shall become responsible for maintaining that portion of the Easement Areas which it has improved. 3. If the City of Bangor should hereafter agree to accept all or any portion of the Easement Areas as a public way, the parties agree to join in a deed of dedication andeeveyana. A. The parties hereto acknowledge that persons other than the parties to this dead have rights in and to the Easement Areas and that this instrument shall not be on smaed as preventing or barring any party to this Agrcemet from seeking contribution Bora such other perweu Sir the upkeep and mainterunce of the Easement Area by any means permitted by law, including the provisions of 23 MRSA Section 3101 at, req. 5. These Easements shell run with the land and be binding upon and inure in the benefit of the parties hereto, their heirs, soecesaom, assigns and mnmsss. 6. Should Averill's property, including the Easement Area 3 be subject at any time to the lien of any mortgage, deed or trust or other financing monument Averill shall obtain from each creditor sawed by any Bouncing document an instrmnen, in recordable Sorm, subordinating the lie of such fuasncing document to the rights and easement crearcd hereunder. Wideaater shall be responsible for recording any such instrument or subordination, at Widwater's orpeuk% with the Penobscot County RegistryofDeeds. 7. The Easements hereby mated shaE continue be full force and effect in perpetuity and shall be irrevocable Bless nominated, modified, or amended in writing by agreement m recordable forte between the patties hereon, their heirs, successors or assignees. g. Averill may, upon notice to Widewatem, relocate the portion a to Easement Areas which does not re along the southwm[erly property Ere of Assail such Naz its southwesterly as rima in close as possible to the southwesterly property fine of Averill, provided: (i) all necessary private and governmental persnits and approvals as obtained to accomplish the same; and, (ii) the width of the Eexameut Areas shall not be reducW, nor shall the cl mamerisau of the Easement Arcas be modified in any way which reduces the ability of the Easement Areas for PaarPases of providing ingress and etpess to the Environmental Areae or other allowed purposes. In Nat regard, Widewarers agrees to make reasonable effort to obtain w necessary governmental approvals to allow for such relocation of the Easemem Areas. Dunt Widewaters' efforts m obtain the almond governmrnW approvals, Widewahrs agrees to provide regular updates to Averill of its progress and to Provide Averill wiN copies of all stories, a"Ecatiom and significant wroollondence. In addieoq Averill and Widewaters agree that should Widewaters fail on obtain the necessary governmental approvals to so relocate the Easement Areas, Averill may do so at its own costs aM roPoEow on notice to Wsdewawu la correction with Averill's effam to so relocate the Easement Areae, Averill agrees N similarly provide m Widewatem copies of all applications, stardies and significant correspondence, and to also provide regular updates ofits pro r sto Widewaters. IN WIINESS WHEREOF, the said Kenneth B. Averill, Personal Representative, has caused this ivswmrnt to be exenatcd in his rapacity on this _ day of 002. WITNESS: R�veNE. Avmll Personal Represenmfive Estate of Into, 4 Averill 02-228 05/22/02 10:50 ess FEE PARCEL A certain lot or parcel or land abraded an the soutbeastaly side of the former Bangor & Pucataquis Railroad in the City of Bangor, CouvtY OfPenobsmt, Some of Maine and being more particularly described as follows: Beginning at apoint on the centerline of the famaer Bangor As Puwtaquis Railroad right of way, which point is (other described as being 14°-42'-20" E, a diamnce of 49.45 fan from the most westerly comer of a parcel of land described in a deed from Teresa R. Mooney to Irene L. Averill and Roger L Averill, dated May 18, 1962 and recodad at the Penobscot Rcgisrry of Dads in Volume 1855, Page 48; Thence 14°42'-20" Eby and along the reaterliee of the aforementioned Bangor & Pimetaquis Railroad right of way, a distance of 152.33 feet to apoint on said cemerime; Thence S ]5'-1]'40" E, a dnstana of 200.00 feet to a point; Thence S 14942'-20" W along a line that is parallel to the centerline of sold Bangor & Piscataquls Rzlhoad right of way, a distance of 228.08 been to apoinl; Thence S 58'-00'-32" W, a distance of 56.60 fat to a point ora ft northemterly line of a 40 foot wide right of way described in astreet of easement from Gene L Averill to Susan A. Hams es aL diced December 10, 19 91 end recorded at the Penobscot Registry of Deals in Volume 4976, Page 44; Thee N 390-16'-34" W by aM along the northeasterly line of said 40 foot wide right of way, a distance of 199.11 feet to the point of beginning. SS)B =ro the rights of others, if my, in that portion of the above described parcel that Has within the limits of the original right of way of the former Sargon & Piscatequis Railroad right of way. the above described lot or puce] of Ind containing 1.002 acres, more or less, is a portion of the premises described in a deed from Teress R Momey to Bene L. Averill and Roger L. Averill, dated may 19, 1962 and recorded at the Penobscot Registry of Deeds in Volume 1855, Page 48. Bearioga referenced herein one calcade rd from a tmverce oriented to Grid North of the Maine Stare Pine coordinate system (Eat Zone), said tmvese was mitablisbed by PLISGA & DAY, Land Surveyor for a survey ofthe parcel basin described. ®005 o2-226 woos Easement Area 1 is a40 foot wide strip oflandauming in southeaetaly direction along the southwesterly line ofthehmein describedpamelback to the thread o£Pesj jawoc Stream, set called, said strip of land is further described in a deed of easement from Irene L. Averill to Susan A Hams, et al, dated Davmba 10, 1991 and recorded at the Penobscot Registry of Deeds in Volume 4976, Page 44, said easement is more particularly described as follows: Commencing at a point in the dosed ofPerjajawoc Swoon m the nortbeeataly cower of mM described in a deed to Weetbabee Realty, Inc. recorded in Book 4451, page 142, beginning also the point of beginning of forty (40) foto wide easement granted by Irene L Averill, m Susan A. Hanish et at; thence noahavenerly along the boundary line between 1at[d described in the deed from Teresa Mooney to Irene L. Averill; eased May 18, 1962, noodled in Book 1855, Page 48, and land deiaibed in the deed from Teresa Mooney to Charles O. Sproul, damd'May 19, 1962, recorded in Book 1855, Page 46, In apoint described in said deeds as a steel pipe driven into the centerline oftbe B.O. & M,&P- track (now (mown ac the bicycle path); thence northeasterly forty (40) feet m a point in the centerline of said tracks, thence southeasterly parallel to and forty (40) feet dulmnce them the muerdl wonerly line of the thread of said stream to the point of beginning. 02-228 05/21/01 10:51 FAX .,III EX IIP C FASSMBNE AREA2 Basemevt Area 2 is 160 foot strip Of soutlemly terminus of the above describe sideline of5tillwatr Avenue, so called, Avenue in a southeasterly direction from the wide easement to the northwesterly of lands further described in a deed of , a al, doted December 10, 1991 and ,lone 4976, Paee 41, said eaeemev[ is shown on a first panel described in a deedm Lticille A DeBeck recorded in said Registry in Book 4094, Page 267; thence South 31°-37' 20' W. hvnnd„1„,o the nnnhweetull line of StiRwater Avenue,a by and along the nmthesstecly line'®esmibed in rhe deed recorded as aforesaid in Book 4451, Page 144, and the northeommlY line described in a deed m Weatherbee� lty, Inc. recorded in said Registry in Hook 4451, Pege 142, drabnce of 2" faµ more or less, to the thread ofPenj rtawoc Seam; thence northeasterly by and along the thread of said streavra distance of 60 feet, more or less, to the weerudy-moat comer described in the second parcel in the deed to Lucille A DeBeck recorded in said Registry in Book 4072, Page 207; thance S 35°-50'50' by and along the soufhwalerly line of said DeBeck a distance of 270 feet, mine or less, to the point of beginsII, Bearings referenced herein are ori®ted to the meridian shown on the plan recorded m the Pembscotryaamy RegistryofDeeds in Maprile D134-83,asraestablieh fora survey ofthe within For Genomes source of tide, refs Theresa F-Mooneytc Irene and 1962, and recorded mBook 185: deceased aM hate Averill is the ®007 02-228 a ooa Thin easement is conveyed subject to be rights acquvea by Weatherbee Realty, be., by dead faim Irene L. Averill, dated November 7,1990, and recorded in Book 4743, page 161. path party shall have the right w pale and otherwise improve any portion of the right of way at sucti party owm expense. Ifthe City of Bangor alneea w accept my pm cvr of the right of way Qs public way, the Grantor alpram for herself, her successors and assigpc, to join in a deed ofconveyance to the City of Bangor. ht addition w, asW not in lieu ofany�other duty imposed by law or agremnenl, if my patty uses or allows the bridge across Penj jawoc Stream to be used byveNcles in excess of applicable weights, such pwb shall repair or oaaaed to be repaired at such pW s expense, my resulting damage w the bridge. ni-228 SMD=l CONMRVATIONHMSSMPFP . 02-229 'IRIS GTAM DPBO DF WWSlnRVJanONPAS�(tffiv vmervadan EaummY7'v made m>as—dy of la@bY L•rnof atmcu of p¢tlmtte re.metmmme "farmm2�,m (httmaf reR hcv ratmocato)mdlhe 9mm ofMaheby Wmr¢m9hm neprz tof4a mclvnN Reevtivq @eanv[tat mRnedm aztm'°R"vdPuN7 wFP.Pd996T8 WHEREAS, d>v (odmm[ev ttmmlpmauw[m11tk 3), Msim zvvized SmmmxAmokmd. pd]6 �atyh 6]9-H, imlusive,u®eptled; anal dumv GenExivbltAavehedheato svdbY't� er�evice vudcnPH°ethn[eff[omciuflare[ar-dw as Meter 'RmtemadPrap¢fy']: and WtiEAEAg, Oo Eold¢ua_emPnvaW la comermdon ema=os in rul FVmd¢me loom of d,e S4k o[Mahui mA Wf�PFAS,me Gsemrbu receiucdo 3evdm; anal WfBREA4, theenmar and me Nolderm ap�g eb<valm alma Pmmcmd Propecryva deaedbedabwa have tlu coa-em Pulpae¢vteaveevivg ma==i valvae of me P ched Rapety by me ronvep... of a Couervedan ,...-.¢ovttme Roteemrmd P,.tieh mat easeeabaDbmaES yiomat a nal cwme the nawn v,alum of me somao Pamperry, cavaetve aodprormtmemtigmom ntimal anal Plmtpoyuledavq mdpnvmtme uvv devela` to[mc Psomcted P+vptnyfirenYPmPoe'e*i°s^rm**tt�^TtlteonS(c[Wmin vamv4 zcma eoaJ"tla4 excepttluz me prepetty may ovdmm m beuaed mragMdbvalpmpowm IIoa vapevat pumrt Imdz. 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Iba righ!ro mta aad sspe¢t the Protmted Pwpetty ¢zany time avdi+ my rammer matalma net a .sawmblYi ,ewdameWas efthe Pmmcmd P:mcOpemimed h¢esmd¢, amdm evbace by pte"a2e at law m u Kmq the oo ,aeu b¢¢ia124m all roanp im,b rql t@ right m requo, wwwatin alms P:¢e¢eed Pm+yarvymv .ditimywrbmylzurkheteoFai Is. rte Tipp[w PnWbit my taint, m Tlcn mPORL'htarua8 fremwY Orae otdiePwtenea 02-228 Prwaca, and C. ibeugbew boWddc camvwv[u PUPc®tya°a m asdpafamamea, but edy w a quallfiedhelaerwd¢TYe 33, MameA esta 3d1W Mmtated, as memed 5476(2); heir, ssacmeo¢ ad vueggre, which ewman¢ ahell[un�wls ansib i Orr Pwmnd PVQeme, wbe6dfori6df. is Propury ina hh, K {, itaadm ProweaWPropuly shall whedfercmcatlw possesses eWY Na mone'OW futAry, i utu nlal, quw/ang at mIDmg utlndu ehe0 be permSd au th Pmpm.Y. The property may be watsre gowuopx mvpuwrelmd Na n uonsuatndlitiu ofeny Wed a6asaeve aba8beomsEacud as ttr bp,¢ahanbe➢urdr mmPmpuay, eareptuaumoEiks�adegoeilovalNveiielu ad eQnW�tenedmgow Or Nra-r. vat'. m Rtryed&aMa sanderIVAcu m;nelt and m Gemw[smaenm,. hmi aaa vagus. an rights umaVng Roan In ave:iiP of ke stop Orly. umuaidg me right to Map in. or sanest at maim o Ibe,a to negate � a mea ar0u Pmecmi Pwpety rias Ore not eaprmly pmhiMmd hmrb ad our net im000euttoe aiah eM propose of t em colenvadm Basawac withomlimdmp w generality of fir f regolm& Ne fatownssi he me=.Meuiy rramvd: A The ryhl ofhv Glamor,anew?$BOOM enyloytu. Inures, suamsme, hair and uvgm,w use &PwwctdFropery fm rmreadonal pmpau (bZlnding use as a movatoWe hut) ed Ory deaf we she Or W e.paully Tokbimd thew as, dawefivere the mrmalvd um to be cocaevdbuevm; and R. ibe Onto on e&erfiat 65 Pweeceal Property or mypo[tlonrLuam[(m sale Or feet ad to eemvey m .&th prxm RasmY, swan businOr In El'? Usual often Coeseewdmlaeemeu rv. I Cmmm, and the 0mour'amama¢.bels,acd aasyu shall toady evi0 all State ad Pedcal laws 40hable to Is Pm4ned Prver y, metudlm&wlrbout I(midcn; lava ralong to the app8eati➢me ofPoseader, bobic:dn ar fxnLza V. maned arnm�b_eeane V�e+atlnn. 1. If ahs Pranced pmPmy rocs w hen, B- Generate am In Ormml steamers, teres ad sedges pent the follaa'mg rights: A aesecce; of hebekuevdmma theeeov¢amd otharegneErmdutie demgedor o-eysdby0elamn vnu<, mchv 5n m disease, B, the riglu to elrs and vesturefvm caves d nhuvegcpEnd. be Ge event of my uta y, ban wee®avy to sennet me syma of des; C. The rigbew spathe, wee mrwove dead wan; and B. 1M rtgbe W bwcrt lade vbLNl5OlestSun, the dge of16e pmnned Peepvry closest m d<Pmj aJawa Mush iu acoodms wish de Ida pasta[ seddvda applicable w the sh Mem requirements. ymd2fOLrtnuyhehweaadmaxordavc: siM appBcable Gvbubnutin{ mqo; rsvu. 2. 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