Resolve, Authorizing Certain Land Transactions by the Department of Agriculture, Conservation and Forestry, Bureau of Parks and 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 Statutes, Title 12, section 598-A; and

Whereas,  the Director of the Bureau of Parks and Lands within the Department of Agriculture, Conservation and Forestry may sell or exchange lands or interests in lands with the approval of the Legislature in accordance with the Maine Revised Statutes, Title 5, section 6209 and 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 interests in lands in Aroostook County in exchange for other interests or properties. Resolved: That the Director of the Bureau of Parks and Lands within the Department of Agriculture, Conservation and Forestry may by quitclaim deed without covenant, for negotiated value, and on such other terms and conditions as the director may direct, convey or release all interests held by the bureau in the following properties to Prentiss and Carlisle Company, Inc. and Prentiss and Carlisle Management Company in exchange for conveyance of property or interests in properties or other consideration from Prentiss and Carlisle Company, Inc. and Prentiss and Carlisle Management Company.

1. The property interests to be conveyed by the Department of Agriculture, Conservation and Forestry, by and through the Bureau of Parks and Lands, to Prentiss and Carlisle Company, Inc. and to Prentiss and Carlisle Management Company on behalf of other minority interests are all of the State's minority common and undivided interest in forested acres without flowage easements in T.10 R.4 SE/4, which is approximately 1,329 equivalent acres.

2. The property interests to be conveyed by Prentiss and Carlisle Company, Inc. and Prentiss and Carlisle Management Company on behalf of other minority interests to the State by and through the Department of Agriculture, Conservation and Forestry, Bureau of Parks and Lands are:

Sec. 2. Director of Bureau of Parks and Lands authorized, but not directed, to convey certain interests in land in Aroostook County in exchange for other interests or properties. Resolved: That the Director of the Bureau of Parks and Lands within the Department of Agriculture, Conservation and Forestry may by quitclaim deed without covenant, for exchange of land or interests in land of comparable value as determined by an appraiser and on such other terms and conditions as the director may direct, convey to Smith's Farm, Inc. a certain parcel of land, situated in the Town of Westfield, on the Southern Bangor and Aroostook Rail Trail, being an average width of 119 feet and an approximate length of 2,000 feet, or about 5.47 acres; and be it further

Sec. 3. Director of Bureau of Parks and Lands authorized, but not directed, to convey certain interests in land in Washington County in exchange for other interests or properties. Resolved: That the Director of the Bureau of Parks and Lands within the Department of Agriculture, Conservation and Forestry may by quitclaim deed without covenant, for exchange of land or interests in land of comparable value as determined by an appraiser and on such other terms and conditions as the director may direct, convey to Cherryfield Foods, Inc. a certain parcel in T.24 MD BPP, being 320 acres more or less, in exchange for 320 acres more or less of land of comparable value in T.24 MD BPP; and be it further

Sec. 4. Director of Bureau of Parks and Lands authorized, but not directed, to convey certain interests in land in Oxford County in exchange for other interests or properties. Resolved: That the Director of the Bureau of Parks and Lands within the Department of Agriculture, Conservation and Forestry may by quitclaim deed without covenant, for exchange of land of comparable value and such other terms and conditions as the director may direct, convey to Six Rivers Limited Partnership a parcel of land of approximately 0.4 acre abutting Six Rivers Limited Partnership lands on Aziscohos Lake in Lincoln Plantation, in exchange for approximately 3.5 acres on the South Arm Road in Township C with access to Lower Richardson Lake, presently used as a boat launch; and be it further

Sec. 5. Director of Bureau of Parks and Lands authorized, but not directed, to convey certain interests in land in Aroostook County. Resolved: That the Director of the Bureau of Parks and Lands within the Department of Agriculture, Conservation and Forestry may convey the bureau's minority interest to the majority owners of 2 2­acre camp lot parcels on Scopan Lake, more specifically:

1. To convey by quitclaim deed without covenant the bureau's 28.817% interest in a certain 2-acre parcel, for fair market value, to Robert W. Sawyer, of Ashland, acting on behalf of majority owners Robert W. Sawyer V and Sawyer Family Limited Partnership, together owners of 71.183%; and

2. To convey by quitclaim deed without covenant the bureau's 28.817% interest in a certain 2-acre parcel, for fair market value, to Jacque Morneau, of Mapleton, majority owner of 71.183%; and be it further

Sec. 6. Director of Bureau of Parks and Lands authorized, but not directed, to convey Halfway Rock Island in Casco Bay, Cumberland County. Resolved: That the Director of the Bureau of Parks and Lands within the Department of Agriculture, Conservation and Forestry may convey, for fair market value and on such other terms and conditions as the director may direct, Halfway Rock Island in Casco Bay in the Town of Chebeague Island, being approximately 1.5 acres, to the United States General Services Administration or its assignee.

summary

This resolve allows the Director of the Bureau of Parks and Lands within the Department of Agriculture, Conservation and Forestry to dispose of the bureau's minority interests in lands adjacent to the bureau's Scopan Public Reserved Lands Unit in Aroostook County in exchange for interests of comparable value, including all minority interests held by others in the bureau's Scopan Public Reserved Lands Unit.

It allows the director to convey lands along the Southern Bangor and Aroostook Rail Trail in the Town of Westfield to an abutter, Smith's Farms, Inc. This conveyance is in exchange for a newly developed trail corridor, located on Smith's Farm property between the existing rail trail and the Prestile Stream, averaging 99 feet wide and being approximately 2,400 feet in length, or 5.47 acres.

It allows the director to convey an approximately 320-acre parcel in T.24 MD BPP in Washington County in exchange for a parcel of comparable size and value. Cherryfield Foods, Inc. will acquire state lands on which it formerly held a lease for blueberry production, which are surrounded by other lands owned and managed by Cherryfield Foods, Inc.; and in exchange the bureau will acquire an approximately 320-acre wooded parcel abutting Mopang Stream, with deeded access.

It allows the director to exchange a small parcel of land on Aziscohos Lake, a discontinued 0.4-acre leased camp lot on public reserved lands, for a 3.5-acre parcel of land with a small amount of frontage on Lower Richardson Lake, currently used as a boat launch.

It allows the director to convey the bureau's minority interest to the majority interest family owners of 2 2-acre lots on Scopan Lake for fair market value. These lots, which are located on the south shore of the lake, are not within the bureau's Scopan Public Reserved Lands Unit.

It allows the director to convey Halfway Rock Island to the United States General Services Administration or its assignee for fair market value.