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RESOLVES
First Regular Session of the 119th

CHAPTER 50

S.P. 805 - L.D. 2218

Resolve, Authorizing Certain Land Transactions by the Department of Conservation, Bureau of Parks and Lands

Preamble. Whereas, the Constitution of Maine, Article IX, Section 23 requires that real estate held by the State for conservation 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, the real estate authorized for conveyance by this resolve is under the designations describe 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 Conservation may sell or exchange lands with the approval of the Legislature in accordance with the Maine Revised Statutes, Title 12, section 1837; now, therefore, be it

     Sec. 1. Director of Bureau of Parks and Lands authorized to convey certain real estate in exchange for other property. Resolved: That the Director of the Bureau of Parks and Lands within the Department of Conservation may by quitclaim deed convey the following property in exchange for conveyance of property, described herein, now owned by Cayuga Corporation:

     1. Property to be conveyed by the Bureau of Parks and Lands to Cayuga Corporation: All of the State's interest in a lot or parcel of land located on the southwesterly side of the Town Farm Road, in Gray, Cumberland County, being approximately 4 acres; said parcel being approximately two hundred (200') feet along the Town Farm Road and approximately eight hundred (800') feet deep, and is a portion of a sixty-four (64) acre parcel currently held by the State and currently designated as Lot 11 of Tax Map 44; and

     2. Property to be conveyed by the Cayuga Corporation to the State of Maine: All of the Cayuga's interest in a lot or parcel of land located southwesterly of the Town Farm Road along the Royal River in Gray, Cumberland County, and adjacent to other land currently owned by the State of Maine, being approximately 53 acres, more or less, and together with a right-of-way for public access; said parcel is a portion of Lot 12 of Tax May 44 and Lot 5 of Tax Map 43. Because the parcels are not of equal value, Cayuga Corporation may, at its discretion, consider this a bargain exchange; and be it further

     Sec. 2. Director of the Bureau of Parks and Lands authorized to convey certain real estate in exchange for other property. Resolved: That the Director of the Bureau of Parks and Lands within the Department of Conservation may by quitclaim deed convey a right-of-way, in common with the State, in exchange for conveyance of a right-of-way, described herein, now owned by Walter S. Hennig and Barbara A. Hennig. Both rights-of-way are located in Township 10, S.D., Hancock County. The right-of-way to be conveyed by the State runs southerly from Route 182 across the former Pierce Lot to land of Hennig, a distance of 2,506 feet; the right-of-way to be conveyed by the Hennigs continues southerly across land of Hennig to other land of the State, the former Diamond Occidental Lot, a distance of 247 feet. Because the value of the rights-of-way is not equal, other consideration must include the construction of a new roadway southwesterly from Route 182 across the former Pierce Lot and the Hennig Lot, thence continuing over the former Diamond Occidental Lot, said new roadway to be a total distance of approximately one and one-half miles. This construction must be at the sole expense of the Hennigs and in accordance with the bureau's specifications. In addition, the Hennigs shall convey to the State 2 access easements, the first from Route 182 to Fox Pond at the northeast end of the pond and the 2nd from Route 182 to the east end of the pond; both easements, as traditionally used, are for parking to provide foot and cartop boat access only. In addition, the State shall release and extinguish its interest in 3 existing rights-of-way on the "Hennig Lot" at such time as the new roadway is completed and approved by the bureau. These rights-of-ways across the Hennig property are: the first right-of-way runs southerly from Route 182 across the Hennig property a distance of 3,830 feet to the other land of the State; the 2nd right-of-way runs southerly as an extension from the first right-of-way a distance of 2,337 feet to the other land of the State; and the 3rd right-of-way runs southwesterly from Route 182 across the Hennig property a distance of 3,011 feet to the other land of the State.

Effective September 18, 1999, unless otherwise indicated.

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