HomeMy WebLinkAbout1997-12-08 98-40 ORDERCOUNCIL ACTION
Item No. 96-40
Date December S. 1999
Item/Subject: Authorizing Release of Title to Former Passageway
Off State Street, Adjacent to Tax Map 46, Lots 191-193
Responsible Department: Legal
Several months ago, the Legal Department received an inquiry about
the status of a twelve foot (12') wide passageway shown on the
City's tax maps and a number of older plans, as lying between the
current Grasshopper Shop (Tax Map 46, Lot 191) and the former
United Bank building (Tax Map 46, Lot 189). Records in the City
Engineer's office do not indicate that the passageway concerned was
ever formally accepted as a public right-of-way, although it
formerly may have served that use. The passageway is not among the
unaccepted streets that the City Council recently exempted from
operation of 23 MRSA 4 3032 under Council Order 97-404. The
attached Council Order would authorize issuance of municipal
quitclaim deeds confirming that the City of Bangor has no legal
interest in the 12' passageway.
O , n OA. Fii A e
Associated information: Sketch, Letter
Budget Approval:
Finance Director
�4j4 071a W
city Solicitor XU
oduced For
Passage
First Reading
Referral Page 1 of
Department
Head
Manager's
Comments:
Associated information: Sketch, Letter
Budget Approval:
Finance Director
�4j4 071a W
city Solicitor XU
oduced For
Passage
First Reading
Referral Page 1 of
98-40
Aeeipmd to Cwndw Aube December 8, 1997
:.v CITY OF BANGOR
(TITLL,) (grlier,.... Author1. izing Aelease of Trtle to Forner Passageway
Off State Street, Adjacent to Tax Map 46, Lots 191-193
BY t" City Counni of fAs City of Baa .
ORDERED,
THAT the City Manager is hereby authorized, on behalf of
the City of Bangor, to execute a deed or deeds, releasing the City
of Bangor's right, title and interest, if any, in a twelve foot
(12') wide former passageway extending southerly from State Street,
at the rear of properties fronting on West Market Square,
identified in the City's tax maps as Map 46, Lots 191-193.
Deeds executed pursuant to this Order shall be i
a
form approved by the City Solicitor, and shall reserve all access
and easement rights of the City of Bangor for the purpose of
maintaining, repairing and upgrading existing public sewer and
utility lines. Deeds executed pursuant to this Order shall run in
favor of abutting property owners, as their interests may appear.
IN CITY COUNCIL
December 8, 1997
Passed
ul=
98-40
O ROER
Title, Authorizing Release of Title to
Former Passageway Off State Street,
Adjacent to Tax Map 46, Lots 191-193
......... I ............................
......................................
�M Auigyed to
Councilman
Prudential SMAIa W n RaW Esuitt
M UaeStrea' guile) W, WrywMFNWI
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ry
IO September 199]
Edk Stumpfd, Asn,. c t
City Solicitor I
Bangor City Ball
Bangor, M204401 i+••�-
Dear Mr. Stumpfel:
At the conclusion of our phone conversation yesterday, you asked me to write concerning a
problem that bas arisen with the sale of 2V Hammond Street, a lot adjacent to the east wall of the
Whmlwright & Clark Block. I explained that the historic dads (copies of Penobscot Registry
vol. 379, pp.. 53940 and 3472 pp. 220-21 are herewith enclosed), all refer to a twely>fom
passageway which rum along the east wall of the Wheelwright & Clark Block, behind Boyd &
Noyes, and as a separate parcel (pared 2 in the latter), cominues along the back wall of all the
buildings in West Market Square. This passagewaY formerly led to a wharf; where Presumably
deliveries to these buildings were made.
Ndthso Ray Bradford, attorney for the sellas, Nancy Lord et al., nor Pete Dane, attorney for the
buyer, Montage Bmeryriaes Inc., dba the Grasshopper Shop (Richard Schweikert), has been able
to determine the ownership of this passageway. Since W. Schwdkert hoped eventually to be
able to build, and to develop the third story of the Wheelwright & Clark Block, determining its
ownership is critical. Speaking as a historian, I shaped this passageway dates from the earliest
days of the l9th emery, when Market Square (its original designation), was the fust business
development away from the actual riverbank It probably was a town, then a city, right ofway.
You suggested that you could help, aRerreceiving this request, by researchiag its history with be
Ring, City Engineer, and them ifyou were unable to find anything specific about the dty's imerest
in it, deciding whether to seek W discomime it under the road ordinance, or recommending that
the City Council relinquish arty We the city might have through a Quitclaim Deed.
All the parties involved would be most wateful for your help in resolving this problem, w that
Mr. Schweikert can Plan to Put the parcel to a good ecormmic use.
ours t/ '
Deborah Thompson
Agent for Moorage Emerprises, Inc.
or: Messrs. Bradford, Dane, Schweiked. J. Croldord (agent for Nancy Cord m al.)
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