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PRIVATE & SPECIAL LAWS
Second Regular Session of the 122nd

CHAPTER 68
S.P. 861 - L.D. 2115

An Act To Amend the Boundaries between the City of Saco and the Town of Old Orchard Beach

Mandate preamble. This measure requires one or more local units of government to expand or modify activities so as to necessitate additional expenditures from local revenues but does not provide funding for at least 90% of those expenditures. Pursuant to the Constitution of Maine, Article IX, Section 21, 2/3 of all of the members elected to each House have determined it necessary to enact this measure.

     Emergency preamble. Whereas, acts of the Legislature do not become effective until 90 days after adjournment unless enacted as emergencies; and

     Whereas, it is the desire of the Town of Old Orchard Beach and the City of Saco to change their common boundary; and

     Whereas, a parcel of land currently sits across the common boundary and the ability of the current owner to build on the parcel is uncertain without a change to the common boundary; and

     Whereas, the Town of Old Orchard Beach and the City of Saco have agreed that the parcel should be wholly within the boundary of the Town of Old Orchard Beach; 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. P&SL 1883, c. 248, §1, as amended by PL 1991, c. 33, is further amended to read:

     Sec. 1. Boundaries changed and extended; payment of damages. All that part of the city of Saco lying within the following described lines and boundaries, namely; commencing at the easterly corner between the said city of Saco and the town of Scarborough; thence by the line between said city of Saco and said town of Scarborough northwesterly to a stone in the sea wall; thence N 42°55' W by a set line 693 rods, to a granite stone placed at a point where the line between said city of Saco and said town of Scarborough intersects with a line in the said city of Saco known as the Granger line; thence S 47°12' W 5,416 feet, more or less, to a granite stone inscribed "S" on the northwest side and "O" on the southeast side found set in the ground on the southwesterly side of the old location of the "East Old Orchard" Road; thence continuing on the same course 4,252.10 feet to a point located N 43°42'45" W 4.50 feet from a granite monument with drill hole found set in the ground; thence N 43°42'45" W 31.54 feet to a granite monument with drill hole found set in the ground; thence N 46°40'30" E 273.94 feet to the base of an old loose granite monument found set in the ground; thence N 47°11'45" W 148.88 feet to a granite monument with drill hole found set in the ground; thence S 55°19'45" W 1,451.87 feet to an iron pipe found driven into the ground; thence S 47°57'30" E 389.34 feet to a point located N 47°57'30" W 1.97 feet from a granite monument with drill hole found set in the ground; thence S 47°12'00" W 862.86 feet to a granite monument with iron rod inscribed "S" on the northwest side and "O" on the southeast side found set in the ground on the "Middle Line" so-called; thence continuing on the same course 3,850 feet, more or less, to a granite stone on the bank of Goose Fair Brook in said city of Saco; thence southeasterly by said Goose Fair Brook to the sea; thence southeasterly, on the same course 1,000 feet to a point; thence northeasterly, parallel to and 1,000 feet distant from the shore to a point 1,000 feet southeasterly from the boundary first above named; thence northwesterly 1,000 feet to the boundary first above named, or to such distance as the city of Saco may have owned or controlled prior to February 20, 1883; with all the sea shore and flats and all other interests in said land lying between the medial line of said Goose Fair Brook extended and said easterly corner of the city of Saco; and also that parcel of land described as follows: Beginning at a capped iron rod set (PLS #2190) on the northwesterly sideline of a private way known as Trotter Lane and the existing town line of Old Orchard Beach and city of Saco as of May 10, 2006 at the corner of land now or formerly of Ronald Patoine; said point of beginning being N 37° 07' 57" W a distance of 59.85 feet from a capped iron rod found (PLS #2190) in the town of Old Orchard Beach at the intersection of the southeasterly sideline of said Trotter Lane and the northwesterly sideline of the cul-de-sac of Patoine Place, so-called, at the easterly corner of land of Ronald Patoine; thence from said point of beginning S 49° 46' 25" W across the land of Ronald Patoine and along the existing Old Orchard Beach and city of Saco town line as of May 10, 2006 a distance of 210.17 feet to a point and land now or formerly of Ronald and June LaPointe; thence N 37° 07' 57" W along the land of said LaPointe a distance of 149.81 feet to a capped iron rod found (PLS #1235) and land now or formerly of Biddeford & Saco Water Company; thence N 57° 55' 58" E along the land of Biddeford & Saco Water Company a distance of 594.18 feet to a capped iron rod to be set (PLS #2190) and land now or formerly of Richard and Ronald Patoine; thence S 41° 07' 26" E along the land of Richard and Ronald Patoine a distance of 65.27 feet to a capped iron rod found (PLS #1293) and the northwesterly sideline of said Trotter Lane and the existing town line of Old Orchard Beach and city of Saco as of May 10, 2006; thence S 49° 46' 25" W along the northwesterly sideline of said Trotter Lane and along the existing town line of Old Orchard Beach and city of Saco as of May 10, 2006 a distance of 387.11 feet to the point of beginning is hereby incorporated into a separate town by the name of Old Orchard Beach and the inhabitants thereof are hereby invested with all the powers and privileges and are made subject to all the duties and liabilities incident to other towns within this state. Provided the town of Old Orchard Beach pay to the city of Saco, as damages, such an amount as a committee, composed of the chairs of the boards of assessors of said Saco and of said Old Orchard Beach and one other disinterested person by them selected, may determine is just and equitable.

     Emergency clause. In view of the emergency cited in the preamble, this Act takes effect when approved.

Effective June 1, 2006.

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