Resolve, Regarding the Conveyance of a Right-of-way across the Elizabeth Levinson Center in Bangor
Maine Legislature, Session 122, LD 1458
Committee: State and Local Government
Sponsors: SCHNEIDER, BARSTOW

Legislative Document 
No. 1458 
S.P.500 
In Senate, March 23, 2005 
Resolve, Regarding the Conveyance of a Right-of-way across the 
Elizabeth Levinson Center in Bangor 
Submitted by the Department of Administrative and Financial Services pursuant to Joint 
Rule 204. 
Reference to the Committee on State and Local Government suggested and ordered printed. 
Presented by Senator SCHNEIDER of Penobscot. 
Cosponsored by Representative BARSTOW of Gorham. 
Printed on recycled paper 
JOY J. O'BRIEN 
Secretary of the Senate 
Sec. 1. Commissioner of Administrative and Financial Services 
authorized to transfer easement with no covenants of title across Elizabeth 
Levinson Center in Bangor. subject to conditions. Resolved: 
That the 
Commissioner 
of 
Administrative 
and 
Financial 
Services 
is 
authorized and directed to convey to Leo J. Davis, his heirs and 
assigns, 
an 
easement with 
no 
covenants 
of title across 
the 
Elizabeth 
Levinson 
Center 
in 
Bangor. 
The 
Commissioner 
of 
Administrative and Financial Services shall convey the easement 
upon the following conditions. 
1. 
The easement must be 50 feet in width and must extend 
from the Hogan Road along the entire boundary line of Leo J. 
Davis's 
property 
that 
borders 
the 
Elizabeth 
Levinson 
Center 
property. 
The easement must be located so as to provide the 
greatest degree of safety to the persons served by the Elizabeth 
Levinson Center. 
2. 
The easement is for the limited purpose of providing 
access from the Hogan Road and providing public utilities to the 
property owned by Leo J. Davis. 
The easement is conveyed upon 
the condition that the property owned by Leo J. Davis, his heirs 
or assigns, is used exclusively as a site for a single-family 
residence. 
In the event that there is a change in the use of the 
property 
owned 
by 
Leo 
J. 
Davis, 
his heirs 
or 
assigns, 
the 
easement becomes void, and access along the easement described in 
this resolve is denied to Leo J. Davis, his heirs or assigns. 
3. 
The surface of the route of travel must be maintained in 
an orderly and attractive manner by and at the cost of Leo 
LT. 
Davis, his heirs or assigns. 
In the event that the route of 
travel is not maintained in 
a 
reasonable manner 
and thereby 
detracts from the appearance of the Elizabeth Levinson Center 
grounds and facilities, the easement becomes void. 
4. 
The Director of the Elizabeth Levinson Center may review 
the proposed easement for purposes of safety as it relates to the 
users of the Elizabeth Levinson Center 
and consult with the 
Commissioner of Administrative and Financial Services and Leo J. 
Davis with regard to any necessary changes to ensure the safety 
of the Elizabeth Levinson Center's users. 
5. 
The easement subject to the provisions of this resolve 
may not be granted until a survey of the property across which 
the proposed easement is to be granted has been completed and 
filed 
with 
the 
Department 
of 
Administrative 
and 
Financial 
Services. 
The surveyor selected to undertake the survey must be 
mutually agreed upon by the Commissioner of Administrative and 
Financial Services and Leo J. Davis and, upon completion of the 
survey, the surveyor shall file a copy of the survey with the 
Commissioner of Administrative and Financial Services. The cost 
of the survey must be borne by Leo J. Davis; and be it further 
Sec. 2. Repeal. Resolved: 
years after it takes effect. 
That this resolve is repealed 3 
SUMMARY 
This 
resolve 
authorizes 
and directs the 
Commissioner 
of 
Administrative 
and 
Financial 
Services 
to 
convey 
an 
easement 
across the Elizabeth Levinson Center in Bangor to Leo J. Davis if 
certain conditions are met.