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
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futAry, i utu nlal, quw/ang at mIDmg utlndu ehe0 be permSd au th Pmpm.Y. The property may be watsre
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rv.
I Cmmm, and the 0mour'amama¢.bels,acd aasyu shall toady evi0 all State ad Pedcal laws
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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
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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. If seas raced Pmprry rcmai,u aluyfield raid as to a¢imWal crop it wY he on as army
fir &a crop, dhwgh afiue viU be made m decay ease Ent veteng udr Any 1e. IfNa?=nd Pmpsy6eoE
mcd far an ayieilmml nay crop, the Rtvhay Outing ails ant ocaa bolore hilt' tv. The Gammr amhe Graawr a
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