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First Regular Session of the 119th


S.P. 699 - L.D. 1974

Resolve, to Transfer a Parcel of State Land to the Town of Carrabassett Valley

Preamble. 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.

     Sec. 1. Director of Bureau of Parks and Lands authorized to negotiate and consummate sale. Resolved: That the Director of the Bureau of Parks and Lands within the Department of Conservation may negotiate and consummate the sale of certain public reserved lands to the Town of Carrabassett Valley. The State may not convey any land or interest in land that comprises a public road or a great pond. All money received from the sale of these public reserved lands must be used exclusively for the purchase of additional real estate in the same county as the transferred land for the same purposes; and be it further

     Sec. 2. Land to be conveyed. Resolved: That the land to be conveyed consists of 1,203 acres, more or less, of public reserved land, being a portion of the land as was reserved by the State for public purposes in a deed to William Bingham dated January 28, 1793, and recorded at the State Archives in Volume 6, pages 37 to 41 (Massachusetts deed); and be it further

     Sec. 3. Consideration. Resolved: That consideration for the sale must be the fair market value of the land as determined by an independent appraisal commissioned by the Director of the Bureau of Parks and Lands; and be it further

     Sec. 4. Deed and restrictions. Resolved: That the property must be conveyed by quit claim deed without covenants, subject to the following deed restrictions: The Town of Carrabassett Valley shall in perpetuity retain title to the property and may not sell or otherwise transfer any interest, in whole or in part, in the property except that the Town of Carrabassett Valley may lease portions of the property as long as the uses are consistent with the uses specified in this resolve. The property must remain open and available for use and enjoyment by the public at large. Use of the property must be dedicated for purposes of public outdoor recreation, including, but not limited to: natural history study; hiking; camping, other than in motor vehicles; cross-country skiing; hunting; fishing; fisheries and wildlife management; skating; timber management and harvesting under a management plan prepared by a licensed professional forester; and attendant roads and parking. The property must be maintained in an essentially natural and undeveloped condition, except that up to 25 contiguous acres in the aggregate, including any development in existence on the effective date of this resolve, may be developed for any public outdoor recreation facility used for the purposes provided in this section that is sponsored by the municipality. The following uses are expressly prohibited: residential development of any type; development for overnight accommodations, except camping; development for any type of commercial service center, shops, restaurants or other commercial development; or development for any purpose that will change the natural character of the area, except that those uses presently made of the Outdoor and Touring Center located on the property may continue. If the Town of Carrabassett Valley fails to comply with any of the conditions or restrictions, in whole or in part, contained in this resolve, the State may give written notice to the Town of Carrabassett Valley, and if the Town of Carrabassett Valley fails to comply within 30 days, then the title to the property reverts to the State; such a reversion may not be effective until the State records a notice of the reversion in the Franklin County Registry of Deeds.

     Sec. 5. Management operations. Resolved: That any management operations, including but not limited to, timber harvesting operations, that the State may have scheduled before the signing of an agreement between the Director of the Bureau of Parks and Lands on behalf of the State and the Town of Carrabassett Valley must be allowed to proceed and all revenue derived from these operations accrues to the State until the delivery of the deed.

Effective September 18, 1999, unless otherwise indicated.

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