CHAPTER 62
S.P. 499 - L.D. 1586
An Act to Separate Territory from the Town of Falmouth and Annex it to the City of Portland
Emergency preamble. Whereas, Acts of the Legislature do not become effective until 90 days after adjournment unless enacted as emergencies; and
Whereas, the City of Portland and the Town of Falmouth have jointly agreed to the annexation of the Falmouth property by the City of Portland; and
Whereas, a purchase agreement for a parcel of land along the Presumpscot River that is linked to the transfer of the Falmouth land to Portland requires that the purchase be finalized by March 23, 2002; and
Whereas, in the judgment of the Legislature, these facts create an emergency within the meaning of the Constitution of Maine and require the following legislation as immediately necessary for the preservation of the public peace, health and safety; now, therefore,
Be it enacted by the People of the State of Maine as follows:
Sec. 1. Separation and incorporation. The territory described in section 2, now within the Town of Falmouth, Cumberland County, being uninhabited, is separated and set off from the Town of Falmouth and incorporated into the City of Portland, Cumberland County.
Sec. 2. Territory. The territory affected by this Act, referred to in this Act as the "territory," is as follows:
A certain lot or parcel of land situated in the Town of Falmouth, County of Cumberland, and State of Maine bounded and described as follows:
Beginning at a granite monument on the southerly bank of the Presumpscot River which monument marks the Falmouth-Portland Town line;
Thence south 31 degrees, 28 feet, 15 inches west along said Falmouth-Portland Town line, 1,409.32 feet to a granite monument;
Thence north 58 degrees, 27 feet, 10 inches west along said Falmouth-Portland Town line, 1,047.77 feet to a granite monument;
Thence north 30 degrees, 42 feet, 40 inches east along said Falmouth-Portland Town line, 290.49 feet to a granite monument;
Thence north 59 degrees, 9 feet, 11 inches west along said Falmouth-Portland Town line, 482.24 feet to a granite monument and the Maine Turnpike spur;
Thence north 64 degrees, 31 feet, 49 inches east along said Turnpike Spur, 1,690.60 feet to the Presumpscot River;
Thence southeasterly along said Presumpscot River 700 feet more or less to the point of beginning.
The territory described above includes all of the land, buildings, intertidal land, submerged land, freshwater or saltwater ponds and river beds, generally referred to as the Adams/Wolfe property, containing 37.73 acres, more or less.
Sec. 3. Property taxes; municipal services. The territory remains a part of the Town of Falmouth for all purposes, including liabilities, obligations and the collection and disbursement of property taxes, up to the effective date of separation, and the Town of Falmouth shall maintain its customary level of municipal services to the territory until that date. After the effective date of separation, the City of Portland shall assess and collect property taxes and provide municipal services to the territory.
Sec. 4. Effective date of separation. The effective date of separation and annexation of the territory is the effective date of this Act.
Emergency clause. In view of the emergency cited in the preamble, this Act takes effect when approved.
Effective April 2, 2002.
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