The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1879-09-26

| N. DEERING,
| HENRY DEERING.
| HARRIET H. DEERING,
| MARGARET D. GILMAN,
GEoRGIANA D. UPHAM,
| MARION d. MOVES,
by their attorney Henry Deering1
| VIM. II. FESSENDEN,
| FRANCIS FEssENDEN
| JAMES D. FEsSENDEN,
| To His Honor, the Mayor
The Preble heirs offer to the city their interest in
| the "Oaks' under the following conditions, viz:
| The property to be always used as public park,
and should it be used for any other purpose it shall
| revert to the heirs. The sum of thousand dol
lars year for 15 years to be credited to the tax
ACCOUNT OF the Preble heirs by the City Treasurer
in possession of the heirs not to be increased dur
| ing that time
Respectfully
4gnad9z EpWARp I % I PRrihrr
| h41' for Preble Heirs.
In submitting one of these communications,
Mayor Butler made an able and pertinent ad-
| dress to the city council, which was published
| in full and which is familiar to this commit
tee, as TO all the citizens of Portland. In that
address he called attention to the fact that the
| city had about twenty-five years ago made a
| cash offer of $4,000 for the same property
and strenuously urged that the matter have
| the careful consideration which its Importance
merited But the municipal year was nearly
| at an end and. nothing was DONE The matter
was brought before the new city government
| but many things prevented immediate action,
| and now it comes before the City Council with
added reasons for prompt action. With re-
gard to details. find the following facts to re-
| port:
| TERMS.
The generous offer of the Deerng heirs is
still before the city government in the same
terms as those set forth in their communica-
ton, except that one of those heirs, William
| ID. Fessenden, Esq, has Withdrawn his offer
| SO far as he is concerned. find, however, that
his interest can be purchased for $1,000 if the
offer of the other heirs is accepted.
With regS ID to the interest OF the Preble
heirs, it may be urged that there is legal OBJ
lection to compliance with their written offer,
because the setting off of $1,000 per year as a
credit for taxes might be held to create debt
or liability behalf Of the city, and so be
in conflict with chapter 345 of the laws of
1877, but the City Council may obviate this
difficulty by paying the Preble heirs in cash
the present worth of $1,000 year for fifteen
years, out of the contingent fund.- or from
money already raised OF to be raised this year.
l find that the Preble heirs will consent to this
modification of their offer.
There are found to be some attachments and
mortgage upon this half of the property;
but conferences have been held with the par
ties IN interest, and think that those matters
can be SO arranged as to give the the city a
clear title, if these offers are accepted.
The present worth of one thousand dollars
per year for fifteen years, as figured by the
annuity tables is $9,712.25, which with the
$500 to W. Eel. Fessenden would make Sill
2l2;25, the cash outlay which the city would
make under the foregoing propositions
The title to the premises is perfect 1t could
hardly be otherwise, as the property has for
about hundred years been in the hands of
one OF our most ancient families. By the
assistance of Gen. Francis Fessenden, and
others OF the owners, | am able to submit the
following memorandum of the title as it now
exists:
Here follows the description of the title to
the whole property as it has descended from
No in1a nd To, DAo
Fessendens now own 291-1296. The Deerings
own 357 1926, or both Fessendens and Deerings
one-half The Prebles own the other half.
TERRITORY.
The area of the tract which it is proposed to
transfer to the city is torty-fce acres, it being
rather larger than Boston Common, which is
said to contain forty acres The location is
well known to everybody in the city. The
offer embraces the land up to the farther side
OF the stream, and not as first contemplated
to the centre of the channel. 1t is proper for
me to remind you-the committee-that this
part OF The tract, in and near the stream has
long been used by the city as dump for its
sewage, against the protest of its owners, and
that thus there would be a large claim against
the city If the owners chose to keep the land
and pursue their strict rights.
Ii the recommendations of the commission
appointed to investigate causes of nuisance are
carried out, it will be especially useful to the
city to own the title to the land in the stream,
ana to make a system OF sewage permanent SO
far as 1T goes from year to year.
The City Civil Engineer has prepared q
description OF the territory. but owing to the
wlndlngs OF the channel on the northerly side,
the northerly line must be determined in
the future. The owners are willing to fix
that line wherever the city authorities think
it most advisable. and the engineer will pre-
pare an accurate description by monuments
and distances. 1t is known that the Rochester
Railroad runs over point of part of the mill
pond, and right Of way must be reserved for
that purpose.
The following is the engineers brief descrip-
ton of the territory:
DEERING OAKS.
beginning at point on the nortnerly side line of
Portland street in said city of Portland at its inter
section with the easterly side line of Grove street,
thence running northerly by said line of Grove
street to stone monument on the upland norther-
ly OF Back Cove creek at point of equal elevation
with the cuvert head at said creek on Grove street,
thence running easterly following the slope of said
upland GU the same elevation of said culvert head to
point westerly at right angles from the Portland
Rochester Railroad location; thence southerly to
f1pepu1nent on the division line between lands of
l&ertng and Preble heirs and lands of Casco Tan
mug mpany thence southerly by said division
line and line between lands of said heirs and lands
of John Larrabee to said line of Portland street.
thence by said line of Portland street to point of
beginning
If this property is taken by the city for a
park it will not be necessary, of course, under
the terms of the offer to spend money in deco
is in debt it may well be thought advisable, in
pursuance of its present economical system,
to hold the grounds in their present condition.,
and postpone expensive Improvements to the
more prosperous future.
Respectfully submitted,
CLARENCE HALE,
City Solicitor
The committee reported recommending that
the generous proposals of the owners of Deer
ing Oaks be accepted by the City Council, and
that the city receive a conveyance of the prop
erty,i if said transfer can be effected at an ex
pense to the city not exceeding ST 800 to be
paid to the Prebe heirs, and 81 800 to William
III. Fessendcn. They therefore recommend the
passage Of the accompanying order. AS the
offer of the proprietors of the property was
made before the beginning of the current year,
it seems fair that, if this proposition is ac-
cepted, they should not be held for taxes on
the property Of this year.
The following is the order:
Ordered, That the propositions made by the
owners of the property known as Deering Oaks
for aIconveyance to this citysof said property,up
on condition that it be held as public park .be
accepted in accordance with the terms recon-
mended by the committee on cemeteries and
public grounds, and that upon receipt of deed
OF the premises from all the owners, free from
all lnCuIuDIduCeS, except right OF way re-
served to the owners of said property for the
Portland & Rochester Railroad in its present
location, land such membranes as the city has
heretofore created upon said premises, the City
Treasurer be authorized and directed to pay to
Mary A. P. Tucker, wife of Edgar Tucker,
Alice P. Anderson, wife of VIM. III. Anderson,
and Edward E. Preble, the sum of seven
thousand five hundred dollars and twenty-five
cents, and to William III. Fessenden the fur
ther sum of fifteen hundred dollars, and that
for no nj f1,ac ~ ,i,,nl
thousand dollars is hereby appropriated, and is
directed to be added to the appropriations and
included in taxes for the current year.
Mr.. Hale explained that whereas the sum of
$12,O 900 appeared in his report and $4,000 in that
of the committee to be paid the Preble heirs
and W. II. Fessenden, he would explain that
the committee had understood that the Preble
heirs had stated in the last spring they would
accept 81 800, and therefore that sum was sub
stituted in the committees report.