Resolve, Authorizing the Department of Conservation, Bureau of Parks and Lands To Convey Certain Lands

Preamble. The Constitution of Maine, Article IX, Section 23 requires that real estate held by the State for conservation or recreation purposes may not be reduced or its uses substantially altered except on the vote of 2/3 of all members elected to each House.

Whereas,  certain real estate authorized for conveyance by this resolve is under the designations described in the Maine Revised Statues, Title 12, section 598-A; and

Whereas,  the Director of the Bureau of Parks and Lands within the Department of Conservation may sell or exchange lands with the approval of the Legislature in accordance with the Maine Revised Statutes, Title 12, sections 1814, 1837 and 1851; now, therefore, be it

Sec. 1. Director of Bureau of Parks and Lands authorized, but not directed, to convey certain land in Wyman Township, Franklin County. Resolved: That the Director of the Bureau of Parks and Lands within the Department of Conservation may by quitclaim deed without covenant convey for appraised fair market value, upon issuance of necessary approvals by the Maine Land Use Regulation Commission and on such other terms and conditions as the director may direct, including maintenance and safety obligations and responsibilities, a nonexclusive linear easement to benefit TransCanada Maine Wind Development, Inc. and its successors and assigns, in the Township of Wyman, Franklin County. The easement must be located entirely within 2 separate tracts of land bounded and described as follows.

For reference see the deed from Huber Resources Corp. to the State of Maine, Department of Conservation, Bureau of Parks and Lands, dated March 29, 1999 and recorded in the Franklin County Registry of Deeds in Book 1836, Page 198.

The conveyance of the linear easement may include the right to utilize up to 2 crossing easements reserved by J. M. Huber Corporation as described in that certain indenture for transmission line dated May 11, 1988 and recorded at the Franklin County Registry of Deeds in Book 1038, Page 65, subject to all the terms and conditions for the crossing easements set forth in that indenture for transmission line, so that TransCanada Maine Wind Development, Inc. and its successors and assigns may cross the 150-foot-wide fee strip now or formerly of Boralex Stratton Energy Inc. as described in that certain warranty deed from Stratton Energy Associates dated September 25, 1998 and recorded at Franklin County Registry of Deeds in Book 1787, Page 42; and be it further

Sec. 2. Director of Bureau of Parks and Lands authorized, but not directed, to convey certain land in Bradley, Penobscot County. Resolved: That the Director of the Bureau of Parks and Lands within the Department of Conservation may by quitclaim deed without covenant convey for appraised fair market value and on such other terms and conditions as the director may direct, including maintenance and safety obligations and responsibilities, a linear nonexclusive easement for electric transmission purposes to benefit Bangor Hydro-Electric Company, a Maine Corporation with its principal place of business in Bangor, Maine, and its successors and assigns, across a certain lot or parcel of land in the Town of Bradley, Penobscot County, being approximately 55 acres, together with an access easement along with danger tree rights. The director may limit the easement with terms or conditions, such as but not limited to terms or conditions regarding certificates of public necessity as provided by the Public Utilities Commission. The parcel is currently occupied by Bangor Hydro-Electric Company, as lessee, pursuant to a Utility Line Lease dated February 15, 1990, as modified by a memorandum of intent dated March 24, 2005 with the Department of Conservation, Bureau of Parks and Lands as lessor and described as follows: being a strip of land 170 feet in width as lies within the State’s Public Reserved Land in the Town of Bradley. The strip extends northeasterly by 2 tangents from its westerly bound to its northerly bound and measures 14,150 feet in length; and be it further

Sec. 3. Director of Bureau of Parks and Lands authorized, but not directed, to convey certain land in No. 21 Township, Washington County. Resolved: That the Director of the Bureau of Parks and Lands within the Department of Conservation may by quitclaim deed without covenant convey for appraised fair market value and on such other terms and conditions as the director may direct, including maintenance and safety obligations and responsibilities, a linear nonexclusive easement for electric transmission purposes to benefit Bangor Hydro-Electric Company, a Maine Corporation with its principal place of business in Bangor, Maine, and its successors and assigns, a certain lot or parcel of land in No. 21 Township, Washington County, being approximately 18 acres together with an access easement along with danger tree rights. The director may limit the easement with terms or conditions, such as but not limited to terms or conditions regarding certificates of public necessity as provided by the Public Utilities Commission. The parcel is currently occupied by Bangor Hydro-Electric Company, as lessee, pursuant to a Utility Line Lease dated February 15, 1990, as modified by a memorandum of intent dated March 24, 2005, with the Department of Conservation, Bureau of Parks and Lands as lessor and described as follows: being a strip of land 170 feet in width as lies within the State's Public Reserved Land, north lot, in No. 21 Township. The strip extends northeasterly from its southerly bound to its northerly bound and measures 4,590 feet in length; and be it further

Sec. 4. Director of Bureau of Parks and Lands authorized, but not directed, to convey certain real estate in Freedom, Waldo County. Resolved: That the Director of the Bureau of Parks and Lands within the Department of Conservation may by release deed convey, for no compensation, to the Town of Freedom the Sandy Pond Dam, State ID# 475, located at the northeastern end of the 430-acre Sandy Pond in the Town of Freedom, Waldo County. The dam is predominately a rock-faced, earthen structure measuring approximately 350 feet long by 5 feet high with a 30-inch-wide fixed concrete spillway. This conveyance is intended to release all right, title and interest the State may have in and to the dam that was previously awarded to Joseph A.F. Sadowski by Department of Environmental Protection Order #L-18506-37-A-N, dated October 12, 1993, which award of ownership was subsequently voided by the Department of Environmental Protection by letter to Joseph Sadowski, dated July 1, 2005; and be it further

Sec. 5. Director of Bureau of Parks and Lands authorized, but not directed, to convey certain land in St. John Plantation, Aroostook County. Resolved: That the Director of the Bureau of Parks and Lands within the Department of Conservation may by quitclaim deed without covenant convey for fair market value and on such other terms and conditions as the director may direct, including maintenance and safety obligations and responsibilities, a trail crossing easement being approximately 25 feet by 199 feet crossing the St. John Valley Heritage Trail and an access easement on an approximately 625.06-foot-by-25-foot-wide road to benefit the properties of Darnell and Stephanie Oliver, Eugene and Diane Berube, Don Berube, Bob and Diane Berube, Ernest Berube and George Pelletier, all of St. John Plantation, Aroostook County. For reference see Recreational Trail Easement deed from Town of Fort Kent to the Department of Conservation, dated June 19, 2000 and recorded in the Aroostook County Registry of Deeds - Northern Division in Book 1213, Page 213; and be it further

Sec. 6. Director of Bureau of Parks and Lands authorized, but not directed, to convey certain land in St. Francis, Aroostook County. Resolved: That the Director of the Bureau of Parks and Lands within the Department of Conservation may by quitclaim deed without covenant convey for fair market value and on such other terms and conditions as the director may direct, including maintenance and safety obligations and responsibilities, a trail crossing easement to be approximately 25 feet by 99 feet across the St. John Valley Heritage Trail to benefit the property of Vernal, Pauline and Mike Nadeau, in the Town of St. Francis. The trail crossing easement is further bounded and described as follows: part of ancient parcel No. 37 as conveyed to the Bangor and Aroostook Railroad Company by warranty deed of Joseph Plourd dated August 13, 1909 and recorded August 17, 1909 in Book 63, Page 387 of the Northern Aroostook Registry of Deeds. Reference to B&A Plan V2v/4 June 30, 1916.

For reference see Recreational Trail Easement deed from Town of Fort Kent to State of Maine Department of Conservation, dated June 29, 2000 and recorded in the Aroostook County Registry of Deeds - Northern Division in Book 1213, Page 213; and be it further

Sec. 7. Director of Bureau of Parks and Lands authorized, but not directed, to convey certain land in Mapleton, Aroostook County. Resolved: That the Director of the Bureau of Parks and Lands within the Department of Conservation may by quitclaim deed without covenant convey a parcel of land, which totals in area approximately .65 acres, to abutter Chandler Family LLC. and on such other terms and conditions as the director may direct. The parcel to be conveyed to Chandler Family LLC. is further bounded and described as follows:

A parcel of land situated in the Town of Mapleton, County of Aroostook, State of Maine being part of Lot numbered 33, also being part of the land now or formerly owned by The State of Maine, Department of Conservation, as recorded in Volume 4146, Page 35, at the Southern Aroostook County Registry of Deeds in Houlton, Maine. Bounded and described more particularly as follows:

Beginning at a rebar set on the southerly limit of the right-of-way of State Road (Route 227), at the easterly limit of the right-of-way of the former Bangor and Aroostook Railroad, now owned by the State of Maine, Department of Conservation;

Thence, along the easterly limit of the right-of-way of said former Railroad along a 2007 magnetic bearing of, South 33°33'30" West, a distance of 104.74 feet to a rebar set on line;

Thence, continuing along the same course and along said easterly limit, South 33°33'30" West, a distance of 25.04 feet to land now or formerly owned by the Bangor and Aroostook Railroad, as recorded in Volume 240, Page 205, and Volume 553, Page 65 (said parcel having been excluded in the sale to the State of Maine);

Thence, along land of said Railroad, North 56°11'50" West, a distance of 30.50 feet to a rebar set at the northwesterly corner thereof;

Thence, continuing along land of said Railroad, South 33°36'10" West, a distance of 136.00 feet to the southwesterly corner thereof;

Thence, continuing along land of said Railroad, South 56°11'50" East, a distance of 30.60 feet to the easterly limit of the right-of-way of the former Railroad (now State of Maine);

Thence, along the easterly limit of said right-of-way, South 33°33'30" West, a distance of 190.61 feet to a rebar set;

Thence, continuing along the same course, South 33°33'30" West, a distance of 48.13 feet to a rebar set;

Thence, crossing the source parcel, North 07°06'30" West, a distance of 63.68 feet to a rebar set;

Thence, continuing along the same course, North 07°06'30" West, a distance of 50.64 feet;

Thence, running parallel to and 25 feet west of the centerline of the former Railroad, North 33°33'30" East, a distance of 374.10 feet to the southerly limit of the right-of-way of the aforementioned State Road;

Thence, along the southerly limit of said State Road, along a curve to the left with a radius of 1597.35 feet, a distance of 50.68 feet to a rebar set (the tie course for this curve segment is South 86°12'00" East, a distance of 50.68 feet);

Thence, continuing along said southerly limit and along said curve (to the left with a radius of 1597.35 feet), a distance of 35.70 feet (the tie course for this curve segment is South 87°44'50" East, a distance of 35.70 feet) to the Point of Beginning.

The above described parcel of land containing 0.65 acres.

The above described parcel of land is based on a field survey conducted under the supervision of Daniel O. Bridgham, PLS #1027, and shown on a Plan dated April 23, 2007. All bearings are magnetic as of 2007. All monuments set were 5/8-inch metal rebar with yellow plastic caps affixed to them, with "D. Bridgham, PLS #1027" imprinted in the caps; and be it further

Sec. 8. Director of Bureau of Parks and Lands authorized, but not directed, to convey certain land in Jay, Franklin County. Resolved: That the Director of the Bureau of Parks and Lands within the Department of Conservation may by quitclaim deed without covenant convey on such terms and conditions as the director may direct, except that the transfer must be at no cost to the Town of Jay, an approximately 50-foot-by-89-foot trail crossing easement for a town way as defined by state law along with permissions for above ground and below ground utilities to the Town of Jay. The trail crossing is further bounded and described in a survey labeled Plan of Look Brook Estates, made for Polar Enterprises, compiled by M.S.B. Associates, Inc. and recorded in the Franklin County Registry of Deeds on March 15, 1984 in Plan Book Page P-436. The trail crossing easement to be conveyed is the eastern crossing shown on the plan with a trail crossing width of 89.53 feet on the east side and 89.03 feet on the west side; and be it further

Sec. 9. Director of Bureau of Parks and Lands authorized, but not directed, to convey certain land in Jay, Franklin County. Resolved: That the Director of the Bureau of Parks and Lands within the Department of Conservation may by quitclaim deed without covenant and on such terms and conditions as the director may direct convey to Taylor Made Homes, Inc., and its successors or assigns, an easement to cross a state-owned recreational trail for the purposes of providing motor vehicle access and aboveground or below ground utilities to benefit the properties described in a survey labeled Plan of Look Brook Estates, made for Polar Enterprises, compiled by M.S.B. Associates, Inc., and recorded in the Franklin County Registry of Deeds on March 15, 1984 in Plan Book Page P-436. The trail crossing easement authorized under this section is approximately 50 feet wide and located approximately 360 feet west of the trail crossing described in section 8. The easement must approximate the location and dimensions of the western trail crossing depicted in the recorded plan for Look Brook Estates and with a length of 173.97 feet on the east side and 128.37 feet on the west side. The parties to the conveyance authorized in this section may by mutual agreement alter the exact location and alignment of the easement within the plan area based on engineering and safety considerations; and be it further

Sec. 10. Director of Bureau of Parks and Lands authorized, but not directed, to convey certain land in Pownal, Cumberland County. Resolved: That the Director of the Bureau of Parks and Lands within the Department of Conservation may by quitclaim deed without covenant convey on such terms and conditions as the director may direct, including restrictions, maintenance and safety obligations and responsibilities, an approximately 850-foot-by-20-foot access easement over a woods road to benefit the property of Robert C. and Linda J. McMahon of the Town of Pownal, Cumberland County, and their successors and assigns. The access easement is further bounded and described as follows:

Sec. 11. Director of Bureau of Parks and Lands authorized, but not directed, to convey certain land in Littleton, Aroostook County. Resolved: That the Director of the Bureau of Parks and Lands within the Department of Conservation may by quitclaim deed without covenant convey for fair market value and on such other terms and conditions as the director may direct, including restrictions, an approximately 24-foot-by-25-foot parcel to abutter Arnold Miller of the Town of Littleton, Aroostook County; and be it further

Sec. 12. Director of Bureau of Parks and Lands authorized, but not directed, to convey certain land in Richardsontown Township, Oxford County. Resolved: That the Director of the Bureau of Parks and Lands within the Department of Conservation may by quitclaim deed without covenant convey at fair market value on such terms and conditions as the director may direct, the land leased to D. Aaron, LLC, pursuant to a Bureau of Parks and Lands lease, as amended, being more particularly bounded and described therein and as set forth below, being 4 contiguous parcels of land being approximately 4 acres, more or less, and such adjacent land as the director considers necessary and appropriate. The director may not convey any portion of a parcel that is currently used or managed as a public boat launch. Authorization for the conveyance of these parcels is contingent upon the 4 parcels being consolidated into one parcel prior to conveyance and restrictions in the deed that prohibit future division of the consolidated parcel. Said parcels to be conveyed to D. Aaron, LLC, are further bounded and described as follows:

Camp Lot #1: Premises situated in T4R1, Oxford County, ME, on the northerly shore of Upper Richardson Lake, westerly of the mouth of Mill Brook and adjacent to Camp Lot #2, beginning at a maple tree near the high water mark, witnessed by a cedar tree and a pine tree, thence due west across the trail to the main camps, 388' to a large pine tree, thence N 42° W, 92' to a cedar post, thence S 51° W, 50' to three witness trees; a spruce, a fir, and a maple near the high water mark, thence southwesterly around the point, thence northwest along the shore line to the maple tree, the point of beginning as surveyed in 1972 by A. Allen Murphy & Richard Wellman.

Camp Lot #2: Premises situated in T4R1, Oxford County, ME. Beginning at the fir tree with three witness trees as described in the Boathouse lease on the northerly shore of Upper Richardson Lake, thence westerly along the lake shore to a maple tree on the high water mark and a cedar tree scribed "Dexter", thence due west, 174' to a cedar post, thence due north 356', to a white birch across the old wood road, thence down the old road S 44° E 200', N 84° E 70', N 78° E70', N81° E 84', to a white birch tree which is the same birch on the corner of the Boathouse Lot, thence due south 178' to the point of beginning as surveyed by A.A. Murphy and R. Wellman.

Parcel #2: Premises situated on T4R1, W.B.K.P., Oxford County, ME, a lot of land on the northerly shore of Upper Richardson Lake on the westerly side of Mill Brook at a fir tree scribed "Dexter" witnessed by a second fir tree scribed "1972 AM RW", thence due west 173' to a white birch tree, thence due south to a fir tree on the lake shore scribed "Dexter" and having three for witness trees, thence up the lake shore to the mouth of Mill Brook to the fir tree, the point of beginning. Said lot to include the boathouse situated near the mouth of the brook, and the turning circle and parking area being Parcel #2.

Parcel #1: Parcel #1 covered by the same lease, a strip of land sufficiently wide for use as a private truck road; Beginning on the southerly side of Rte. #16, Wilson Mills to Oquossoc Road, on the northerly line of section #1 of T4R2 near the westerly line of Public Lot #2 same town; thence southeasterly across Public Lot #2 in Section #1 same town, a distance of about 45.13 chains to the boathouse lot described here in as Parcel #2, said lots being re-surveyed in 1972 by A. Murphy & R. Wellman.

Parcel #1 Description Amended As Follows: Parcel #1 shall include a strip of land sufficiently wide for use as a private truck road. Beginning on the southerly side of Route #16, Wilson Mills to Oquossoc road, in the easterly part of Section 31 of T.4 R.2 near the westerly line of public lot #2 same town; thence southeasterly to the west line of said public lot. Also, including a like strip of land, beginning at the south line of said public lot (being also the north line of T.4 R.1), thence southeasterly to the boathouse lot described herein as Parcel #2. Said description of Parcel #1 hereby intending to except that section of the road which crosses public lot #2 in T.4 R.2.

For Reference see Recreational Lease Indenture dated October 1, 1981, by and between Pingree Associates, Inc., and James River Corporation ("Lessor") and Nathaniel T. Dexter ("Lessee"), said document being located in the Property Records Office of the Department of Conservation, Bureau of Parks and Lands in Augusta, Maine.