Resolve, to Authorize the Conveyance of Real Property to the Capitol Area Recreation Associat10n
Maine Legislature, Session 131, LD 0797
Committee Amendment CA_A_H144 (House)

COMMITTEE AMENDI\1ENT 'A " to HP. 486, L D 797, "Resolve, to Authorize 
the Conveyance of Real Property to the Capitol Area Recreation Associat10n" 
Amend the 1 esolve by msertmg after the first pat agraph after the title the followmg 
'Whereas, 
the Capitol Area Recreat10n Assoc1at10n holds a lease from the 
Department of Agriculture, Conservat10n and Forestry, Bureau of Parks and Lands on 
approximately 60 acres ofnonreserved pubhc lands m Augusta, Kennebec County, Mame 
for the purpose of nonprofit recreat10nal uses, and 
Whereas, the Capitol Area Recreation Association has s1gmficant mvestments m 
development of the leased premises for baseball, softball, soccei, lacrosse, horseshoes and 
other recreational uses and has requested that the Buteau of Parks and Lands convey to the 
Capitol Area Recreation Associat10n fee title of the leased premises,, and 
Whereas, the Bureau of Parks and Lands receives no revenue from the lease and 
conveymg the fee title will reduce the cost and burden of admmistrative oversight of the 
lease, and 
Whereas, the Viles Arboretum leases from the Bureau of Parks and Lands an adJacent 
parcel of nonreserved public lands for the purpose of conservation, environmental 
education and nature-based recreat10n; and 
Whereas, the Viles Arboretum wishes to hmit impacts, such as n01se and lightmg, on 
the values and use of the Viles Arboretum leased premises, and 
Whereas, the Bureau of Parks and Lands owns, but does not mamtam, Piggery Road, 
which is a critical access route for the Capitol Area Recreat10n Association, and 
Whereas, Piggery Road presently divides the Capitol Area Recreation Association 
leased premises fl om the V des Arboretum leased premises and Piggery Road also provides 
• access to the Viles Arboretum leased premises, and 
Whereas, the Department of the Secretary of State, Bureau of Motor Vehicles has 
management responsibility for the nonreserved pubhc lands westerly of the Capitol Area 
COMMITTEE AMENDMENT 
ROS 
COMMITTEE AMENDMENT 'A ,, to HP 486, L D 797 
Recreat10n Association lease and northerly of Piggery Road and mamtams a parkmg lot 
directly adjacent to the leased area, and' 
Amend the resolve by strikmg out all of section 1 and msertmg the followmg 
'Sec. 1. Director of Bureau of Parks and Lands directed to convey certain 
land used for community recreation areas along Piggery Road in Augusta, 
Maine. Resolved: That the Director of the Bureau of Parks and Lands withm the 
Department of Agriculture, Conservat10n and Forestry shall convey by qmtclaim deed with 
restrictive servitudes to the Capitol Area Recreation Association for $1 on or before July 
1, 2024 all of the State's mterest m a parcel of land m Augusta, Mame comprismg playmg 
fields and other commumty recreation areas along Piggery Road, which is currently the 
subject of a lease between the Bureau of Parks and Lands and the Capitol Area Recreat10n 
Association The conveyance must mclude the portion of Piggery Road owned by the 
Bureau of Parks and Lands subject to the delmeat10n of a boundary mutually agreed upon 
by the Bureau of Parks and Lands, the Capitol Area Recreation Association and the V tles 
Arboretum The conveyance must be subject to the delmeation of the westerly boundary 
mutually agreed upon by the Bureau of Parks and Lands, the Capitol Area Recreation 
Association and the Department of the Secretary of State, Bureau of Motor Vehicles The 
Bureau of Parks and Lands shall consult with the Bureau of Motor Vehicles when 
dehneatmg the westerly boundary of the parcel and may retam a narrow shver of land along 
the westerly boundary, adjacent to the nonreserved public land parcel managed by the 
Bureau of Motor Vehicles, for purposes of buffermg the Bureau of Motor Vehicles' parkmg 
lot on that nonreserved public land Any land retamed to buffer the Bureau of Motor 
Vehicles' parkmg lot must be assigned to the Bureau of Motor Vehicles for management m 
accordance with its management of its current nonreserved pubhc land parcel 
The parcel must be conveyed subject to the followmg servitudes 
The conveyance must reserve an easement over Piggery Road for use by the Bureau 
ofParks and Lands and its lessees and contractors for foot and vehicular access at all times 
and for any management purpose 
2. The conveyance must reserve an easement over Piggery Road for nonmotonzed use 
by the general public, mcludmg, but not limited to, persons on foot, bicycles or skis, but 
must allow the parcel owner to gate Piggery Road to prevent seasonal damage to the road 
or at any time as needed for security purposes 
The conveyance must reqmre that the parcel be mamtamed m perpetuity for 
recreational use by the public and allow the assessment of fees, 1f any, only as needed to 
co-ver operatmg and capital expenses necessary for mamtammg the pat eel for recreational 
use by the pubhc 
The conveyance must provide that if the Capitol Area Recreation Associat10n ceases 
to exist or to mamtam the parcel for recreational use by the pubhc, the parcel reverts to the 
State of Mame, Bureau of Parks and Lands and the bureau is obhgated to offer the parcel 
to the City of Augusta with all the servitudes hsted m subsections 1, 2, 3 and 5 The 
conveyance must provide that 1f the City of Augusta declmes to accept, the parcel remams 
wtth the bureau, and 1f the City of Augusta accepts but then fails to mamtam the parcel for 
recreational use by the public, ownership of the parcel must revert to the State of Mame, 
Bureau of Parks and Lands 
COMMITTEE AMENDMENT 
ROS 
s 
COMMITTEE AMENDMENT "A" to HP 486, L D 797 
The conveyance must provide that, m recogmt10n of the historic nature of its name, 
Piggery Road may be renamed only by mutual agreement of the Capitol Area Recreat10n 
Association, or the City of Augusta 1fthe city acquires the property under subsection 4, the 
Bureau of Parks and Lands and the Viles Arboretum 
The Capitol Area Recreation Association shall pay all costs of conveyance, mcludmg, 
but not hm1ted to, a survey of the property boundaries, recordmg costs and legal costs 
mcurred by the Bureau of Parks and Lands A survey to be completed for the parcel 
mcludmg Piggery Road must be referenced m the deed and recorded along with the deed ' 
Amend the resolve by relettermg or renumbermg any nonconsecutive Part letter or 
section number to read consecutively 
SUMMARY 
This amendment directs the Director of the Bureau of Parks and Lands withm the 
Department of Agriculture, Conservat10n and Forestry to convey by quitclaim deed with 
servitudes to the Capitol Area Recreat10n Association for $1 on or before July 1, 2024 all 
of the State's mterest m a parcel of land m Augusta, Mame compnsmg playmg fields and 
other commumty recreation areas along Piggery Road, which is currently the subJect of a 
lease dated January 1, 1992 between the Bureau of Parks and Lands and the Capitol Area 
Recreation Association 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved 04/21/23 J:k:rae.. 
LD797 
LR 942(02) 
Resolve, to Authorize the Conveyance of Real Property to the Capitol Area Recreation Association 
Fiscal Note for Bill as Amended by Committee Amendment A" ff-{- / 1/0 
Committee: Agriculture, Conservation and Forestry 
lr 
Fiscal Note Required: Yes 
Fiscal Note 
Transfer of Land for $1 
Fiscal Detail and Notes 
This bill will convey 60 acres of nonreserved public lands m Augusta, Mame to the Capital Area Recreat10n 
Assoc1at10n (CARA) for $1 The land has been mcluded m a nonrevenue-generatmg lease between the Departme1 
Agnculture, Consei:vat10n and Forestry and CARA smce 1993 The transfer 1s subJect to tenns and conditions 
requmng the land to be mamtamed for 1ts current recreational uses and stipulates that the CARA pay any costs 
associated with the conveyance 
LR0942(02) - Fiscal Note - Page 1 of 1